R-2011-05 CITY OF CERMONT
RESOLUTION NO. 2011-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA APPROVING THE
TRANSFER OF DEED FOR PARCEL NUMBER 118.4 AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation proposes to construct or
improve State Road 50, Section Number 11070, F.P. Number 238429 -3, in Lake County,
Florida: and
WHEREAS, it is necessary that certain easement rights now owned by The City of
Clermont, Florida, be subordinate to the rights of the State of Florida Department of
Transportation: and
WHEREAS, the State of Florida Department of Transportation has made application to
said City to execute and deliver to the State of Florida Department of Transportation a
subordination of utility interest, or interests, in favor of the State of Florida Department of
Transportation, and said request having been duly considered.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Clermont, Lake County, Florida, that the application of the State of Florida Department of
Transportation for a subordination of utility interest, or interests, is for transportation purposes
which are in the public or community interest and for public welfare; that a subordination of
utility interest or interests in favor of the State of Florida Department of Transportation, in the
City of Clermont, Florida, should be drawn and executed by the Mayor on behalf of the City
Council.
BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded
forthwith to the State of Florida Department of Transportation at 719 South Woodland Blvd.,
DeLand, Florida, 32720 -6834.
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida this 12` day of April, 2011
CITY OF CLERMONT
old S. Turville, Jr., Mayor
ATTES :
Tracy e yd, City Clerk'
23 -UTL04 -09/01
February 9, 2011
This instrument prepared by
LYNN W BLAIS
Under the direction of
FREDRICK W LOOSE, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
DeLand, Florida 32720 -6834
PARCEL NO 118 4 Remainder
SECTION 11070
F P NO 238429 3
STATE ROAD 50
COUNTY LAKE
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this 1a day of t/ , aol! , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPOR hereinafter called the
F D 0 T , and CITY OF CLERMONT, FLORIDA, hereinafter called City
WITNESSETH:
WHEREAS, the City presently has an interest in certain lands that have been determined
necessary for highway purposes, and
WHEREAS, the proposed use of these lands, for highway purposes will require
subordination of the interest claimed in such lands by City to the F D 0 T , and
WHEREAS, the F D 0 T is willing to pay to have the City's facilities relocated if necessary
to prevent conflict between the facilities so that the benefits of each may be retained
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
hereto, City and F D 0 T agree as follows
City hereby subordinates to the interest of F D 0 T , its successors, or assigns, any and all
of its interest in the lands as follows, viz
PARCEL NO 118 - Remainder SECTION 11070
F P NO 238429 -3
"Fractional North 1/2 of the Northeast 1/4 of Section 30, Township 22 South, Range
26 East, described as Begin at the intersection of the East right -of -way line of
Milholland Street and the North right -of -way line of Highway #50, in the City of
Clermont, Florida, and- run thence North along the East right -of -way line of
Milholland Street 195 feet, thence North 89° 58' East 94 5 feet, thence South 16°
17' 20" East (along radial line) 192 35 feet, more or less, to the North right -of- way
line of Highway #50, thence Southwesterly along the said nght -of -way, on a 350 foot
radius curve (concave to the Northwest) an arc distance of 150 feet to the POINT
OF BEGINNING, in Lake County, Florida "
LESS AND EXCEPT the "West 5 feet of south 15 feet" thereof as described in
Official Records Book 602, Pages 1254 and 1255, Public Records of Lake County,
Florida,
AND LESS AND EXCEPT "Fractional North Half (N %) of Northeast Quarter (NE
%) of Section 30, Township 22 South Range 26 East, described as Begin at the
intersection of the East right -of -way line of Milholland Street and the North right -of-
way line of Highway #50, in the City of Clermont, Florida, and run thence North
along the East right -of -way line of Milholland Street 25 feet to Point of Beginning,
PARCEL NO 118 4 Remainder
SECTION 11070
F P NO 238429 3
PAGE 2
thence East 5 feet, thence North and parallel to Milholland Street 15 feet, thence
West 5 feet, thence South to Point of Beginning " as descnbed in Official Records
Book 211, page 73, Public Records of Lake County, Florida
BEING a portion of lands described and recorded in Official Records Book 1594,
page 157, Public Records of Lake County, Florida
LESS
COMMENCE at a 4 -inch by 4 -inch concrete monument stamped "LB 4838" marking the Northwest
corner of Section 30, Township 22 South, Range 26 East, Lake County, Florida, thence run South
88 °32'54" East along the North line of said Section 30 a distance of 1501 21 feet to a point on the
centerline of survey of State Road 50, as shown on Florida Department of Transportation Right of
Way Map, F P 238429 -3, Section 11070, said point being on a curve, concave Southwesterly,
having a radius of 5729 65 feet, thence departing said North line of Section 30, from a tangent
bearing of South 71 °41'07" East, run Southeasterly along said centerline of survey and the arc of
said curve through a central angle of 07 °45'12" an arc distance of 775 34 feet to the end of said
curve, thence continuing along said centerline of survey, run South 63 °55'55" East 523 66 feet to
the beginning of a curve concave Northeasterly, having a radius of 8594 42 feet, thence
continuing along said centerline of survey, run Southeasterly along the arc of said curve through a
central angle of 08 °59'51" an arc distance of 1349 63 feet to a point on the Southerly projection of
the East line of Millholland Street shown on the plat(s) of CLERMONT HEIGHTS, Plat Book 4,
page 1 and THE CITY OF CLERMONT, Plat Book 8, pages 17 -23 of the Public Records of Lake
County, Florida, thence departing said centerline survey, North 00 °51'48" East along said
projection 71 04 feet to a point on said East line of Millholland Street, also being a point on the
North line of lands described in Official Records Book 179, page 12, said Public Records, for the
POINT OF BEGINNING, thence continue North 00 °51'48" East along said East line of Millholland
Street 9 84 feet to a point on the South line of lands described in Official Records Book 211, page
73, said Public Records, thence departing said East line South 89 °08'12" East along said South
line 5 00 feet, thence South 00 °51'48" West 1 70 feet, thence South 73 °24'00" East 89 95 feet to
a point on the Northerly existing right of way line of said State Road 50 as shown on said right of
way map, said point being on a curve concave Northeasterly, having a radius of 350 00 feet,
thence from a tangent bearing of South 84 °01'52" West, run Northwesterly along the arc of said
curve through a central angle of 14 °12'35" an arc distance of 86 80 feet to a point on the East line
of lands described in Official Records Book 179, page 12, said Public Records, thence North
00 °51'48" East along said East line 15 13 feet to the Northeast corner of said lands, being the
beginning of a curve concave Northerly, having a radius of 335 00 feet and a chord bearing of
North 80 °59'41" West, thence Westerly along the arc of said curve through a central angle of
00 °51'50" a distance of 5 05 feet to the Point of Beginning
CONTAINING 0 519 acres, more or less
RECORDED
INSTRUMENT DATE FROM TO O R
BOOK/PAGE
Easement 03/73 Stanley Wrobel City of Clermont, 499/465
Florida
PROVIDED that the City has the following rights
1 The City shall have the right to construct, operate, maintain, improve, add to,
upgrade, remove, and relocate facilities on, within, and upon the lands described
herein in accordance with the F D 0 T 's current minimum standards for such
facilities as required by the F D 0 T Utility Accommodation Manual in effect at the
time the agreement is executed Any new construction or relocation of facilities
within the lands will be subject to prior approval by the F D 0 T Should the
PARCEL NO 118 4 Remainder
SECTION 11070
F P NO 238429 3
PAGE 3
F D 0 T fail to approve any new construction or relocation of facilities by the City or
require the City to alter, adjust, or relocate its facilities located within said lands, the
F D 0 T hereby agrees to pay the cost of such alteration, adjustment, or relocation,
including, but not limited to the cost of acquiring appropriate easements
2 Notwithstanding any provisions set forth herein, the terms of the utility permits shall
supersede any contrary provisions, with the exception of the provision herein with
reimbursement rights
3 The City shall have a reasonable right to enter upon the lands described herein for
the purposes outlined in Paragraph 1 above, including the right to trim such trees,
brush, and growth which might endanger or interfere with such facilities, provided
that such rights do not interfere with the operation and safety of the F D 0 T 's
facilities
4 The City agrees to repair any damage to F D 0 T facilities and to indemnify the
F D 0 T against any Toss or damage resulting from the City exercising its rights
outlined in Paragraphs 1 and 3 above
IN WITNESS WHEREOF, the F D 0 T hereto has executed this agreement on the day
and year first above written
Signed, sealed and delivered
in the presence of witnesses STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
By
SIGNATURE LINE George S Lovett, Attorney,
PRINT/TYPE NAME District Director Of
Transportation Development
for District Five
SIGNATURE LINE 719 S Woodland Blvd
PRINT/TYPE NAME DeLand, Florida 32720
Legal Review
By.
Office of General Counsel
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this day of
by George S Lovett, District Director of Transportation Development for Distnct Five, who is personally known to me or
who has produced as identification
PRINT/TYPE NAME
Notary Public in and for the
County and State last aforesaid
My Commission Expires
Sena! No , if any
PARCEL NO 118 4 Remainder
SECTION 11070
F P NO 238429 3
PAGE 4
IN WITNESS WHEREOF, the City has caused these presents to be executed in its name
by its Board of City Commissioners acting by the Chairperson or Vice- Chairperson of said Board,
the day and year aforesaid
Signed, sealed and delivered in CITY OF CLERMONT, FLORIDA,
the presence of Two witnesses By Its Board of City
require py FlonLaw`� Commission :
li i SIQNATURE LINE G
ilk PRINT/TYPE NAME Its Chairpe -on
'' I (or Vice -C airperson)
SR - LINE ATTEST & _ A , A _A.
PRI T PE NAME
Clerk (or Deputy Cler 4
STATE OF FLORIDA
A _,
COUNTY OF l F-F Ace
h.,
The foregoing instrument was acknowledged before me this 1) da of % 1 o101I by
I-I(\Dap iu2U,tk,h Art_ ,C•- -. . . > - : _;..) who isp onal knnwntomew-who-has
pro. - - " - . /
CS'
M DANIEL MANi7ApIS PRINT/TYPE NAME - 0A-NCe t 1 \A/LITa 2t5
* mown * myomssoN o wn Notary Public in and for the
EXPIMES. / 2012 County and State last aforesaid
'47,1,% /- serisbusiestmuysintes My Commission Expires
Serial No , if any