Resolution No. 2023-002RCC
CLERMONT CITY OF CLERMONT
RESOLUTION NO.2023-002R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT APPROVING AND AUTHORIZING THE
SUBORDINATION OF CITY UTILITY INTERESTS IN CERTAIN
EASEMENTS TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION RELATED TO ITS SR 50 ROAD IMPROVEMENT
PROJECT AND RESERVING TO THE CITY THE RIGHT TO CONTINUE
TO USE THE UTILITY EASEMENTS AUTHORIZING THE MAYOR TO
PERFORM ALL ACTS NECESSARY AND APPROPRIATE TO EXECUTE
THE SUBORDINATION OF CITY UTILITY EASEMENTS AND
PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE
CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN
EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation (F.D.O.T) proposes to
construct or improve State Road No. 50, Section No. 11070, F.P. No. 238429-4, in Lake County,
Florida;
WHEREAS, the City presently has a utility easement interest in certain lands that have
been determined necessary for the above project;
WHEREAS, the proposed use of these lands for highway purposes will require
subordination of the interest claimed in such lands by City to F.D.O.T.;
WHEREAS, F.D.O.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.
WHEREAS, the City of Clermont supports F.D.O.T State Road 50 project and desires to
grant to F.D.O.T a subordination easement agreement for the specific lands.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Clermont,
Florida, as follows:
SECTION 1:
The City Council of the City of Clermont, Florida does hereby authorize the Mayor to execute and
deliver to F.D.O.T., the Subordination Utility Interests as set forth in Exhibit "A" attached hereto.
SECTION 2:
The City Manager is specifically authorized to withhold the Subordination upon his determination
of any matter or factor, hereafter coming to his attention which may indicate such action is not in
the City's best interest, provided that upon such withholding, the City Manager, with reasonable
dispatch, shall present the issue to the City Council, in session, for review and direction.
E
CLERWOtvr CITY OF CLERMONT
— RESOLUTION NO.2023-002R
SECTION 3: CONFLICT
All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are
hereby repealed.
SECTION 4: SEVERABILITY
If any portion of this Resolution is declared invalid, the invalidated portion shall be severed from
the remainder of the Resolution, and the remainder of the Resolution shall continue in full force
and effect as if enacted without the invalidated portion, except in cases where such continued
validity of the remainder would clearly and without doubt contradict or frustrate the intent of the
Resolution as a whole.
SECTION 5: ADMINISTRATIVE CORRECTION
This Resolution may be re -numbered or re -lettered, and/or corrected for typographical and/or
scrivener's errors which do not affect the intent of said resolution, as authorized by the City
Manager or designee, without need of public hearing, by filing a corrected copy of same with the
City Clerk.
SECTION 6: PUBLICATION AND EFFECTIVE DATE
This Resolution shall take effect immediately upon its adoption.
I
CLE ' M, CITY OF CLERMONT
Ch.d RESOLUTION N0.2023-002R
DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake
County, Florida, this 1 Oth day of January 2023.
a w
Vj( Tracy Ackroyd Howe, MMC
City Clerk
Approved as to Form and Legality:
Daniel F. Mantzaris, City Attorney
CITY OF CLERMONT
� li��
Tim Mu�ayor
INSTRUMENT#: 2023050354 OR BK 6134 PG 102 PAGES: 4 5/1/2023 3:47:20 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $35.50
23-UTL04-10/11
October 30, 2021
This instrument prepared by
Robin D. Derr
Under the direction of
FREDRICK W. LOOSE, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
Deland, Florida 32720-6834
PARCEL NO. 804.3
SECTION NO. 11070
F.P. NO.
238429-4
Please Return To:
P.M. NO.
1102-2017
Florida Department of Transportation
STATE ROAD
50
719 S. Woodland Boulevard
R/W Records Management MS 551
COUNTY
Lake
DeLand, FL32720-6834
Attn: J.Denby
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this l'Tr�* day of VAP-4 , '?PV5 , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called
the F.D.O.T., and CITY OF CLERMONT, a Florida municipal corporation, 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.O.T.; and
WHEREAS, the F.D.O.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.O.T. agree as follows:
City hereby subordinates to the interest of F.D.O.T., its successors, or assigns, any and
all of its interest in the lands as follows, viz:
INSTRUMENT# 2023050354 OR BOOK 6134/PAGE 103 PAGE 2 of 4
PARCEL NO.
804.3
SECTION NO.
11070
F.P. NO.
2384294
P.M. NO.
1102-2017
PAGE 2
RECORDED
INSTRUMENT DATE FROM TO
Utilities 03/09/98 Richard E. Bosseman Trstee., City of Clermont
Easement and Charles E. Bosserman, Jr.
Tstee.
PROVIDED that the City has the following rights:
O.R.
BOOK/PAGE
1590/0642
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.O.T.'s current minimum standards for such
facilities as required by the F.D.O.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.O.T. which shall not be
unreasonably withheld. Should the F.D.O.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.O.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.O.T.'s
facilities.
4. The City agrees to repair any damage caused by the gross negligence of City to
F.D.O.T. facilities and to indemnify to the extent permitted under Florida law the
F.D.O.T, against any loss or damage resulting from the gross negligence of City
directly resulting from City exercising its rights outlined in Paragraphs 1 and 3
above.
INSTRUMENT# 2023050354
OR BOOK 6134/PAGE 104 PAGE 3 of 4
PARCEL NO.
804.3
SECTION NO.
11070
F.P. NO.
2384294
P.M. NO.
1102-2017
PAGE 3
IN WITNESS WHEREOF, the F.D.O.T. hereto has executed this agreement on the day
and year first above written.
Signed, sealed and delivered
in the presence of witnesses:
SIGNATURE LINE
PRINTlTYPE NAME: W ►-�
Ct. L_ -6-u.-
SIGN,A L NE._ T ,.l
PRI�dT '` 'PE�ME:' -- Wc&[ t ace
- o : -n
yfs ✓ O``'
rrr�tllsltlt�`
COUNTY OF VOLUSIA
STATE OF FLORIDA DEPARTMENT
OF TRA TI
By: t
o►o,�,as
District Director Of
Transportation Development
for District Five
719 S. Woodland Blvd.
Deland, Florida 32720
L i
TD
O� of a General Counsel
The forego!nq Instrument was acknowledged before me, by means of physical presence or J online
notarization, this day of Vj by _. - c c-V A +kS
_P,Z., District Director of Transportation Deveiopmen for District Five, who is personaliv known to me or who has
produced as identification.
-------------
1 � •i ' OA"YRA WALLACE
p • 1 Notary Public . State of Florida
� Commission 160 986942
'osf� My Comm. Expires May tt, 2024
&coded through National Notary Assn.
PRINT/TYP AME: U((h0.I 0.C''
Notary Public in and for the J
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
INSTRUMENT# 2023050354
OR BOOK 6134/PAGE 105 PAGE 4 of 4
PARCEL NO.
804.3
SECTION NO.
11070
F.P. NO.
2384294
P.M. NO.
1102-2017
PAGE 4
IN WITNESS WHEREOF, the City has caused these presents to be executed in its name
by its City Council acting by its Mayor, the day and year aforesaid.
Signed, sealed and delivered in
the presence of: Two witnesses
required by Florida
VIP D
SIGNATURE LINE
PRINT/TYPE NAMED- A+k9
c�
SI N RE LINE
PR/TYPE NAME: .�-k A
STATE OF FLORIDA
CITY OF CLERMONT, FLORIDA,
Law
As approved by City Council Resolution 2023-
002R
By:
.,.
L_ Mayor Tim Murry
ATTEST: I G
KCVSe- �•r wti
Tracy Ackroyd Howe, Clfy r
COUNTY OF LAKE p t '.0
..rt.NttaN
The foregoing instrument s acknowledged before me, by means of j physical presence or j onlinex
notarization this 10 f L day of pr Aivw wl y , Zo z L , by Tim Murry, M. or, who is personally known to me
or who has produced as identificat sue-- -
-{` otary Public in and for the
County and State last afores i
My Commission Expires: v�Z• ' Zd
Serial No., if any: Aitt`.. t s%
A
�T NQ+ry Pubk state o/ FbrM&
Donald Price
My Ciommfaaipr, GG 944219
r.P"
04�ZLJ2024
'
... ram•-ItS- i��'
ao�+•..
23-UTL04-10/11
October 30, 2021
This instrument prepared by
Robin D. Derr
Under the direction of
FREDRICK W. LOOSE, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
DeLand, Florida 32720-6834
PARCEL NO.
804.3
SECTION NO.
11070
F.P. NO.
238429-4
P.M. NO.
1102-2017
STATE ROAD
50
COUNTY
Lake
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this day of , , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called
the F.D.O.T., and CITY OF CLERMONT, a Florida municipal corporation, 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.O.T.; and
WHEREAS, the F.D.O.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.O.T. agree as follows:
City hereby subordinates to the interest of F.D.O.T., its successors, or assigns, any and
all of its interest in the lands as follows, viz:
PARCEL NO.
SECTION NO
F.P. NO.
P.M. NO.
PAGE 2
804.3
11070
2384294
1102-2017
RECORDED
INSTRUMENT DATE FROM TO
Utilities 03/09/98 Richard E. Bosseman Trstee., City of Clermont
Easement and Charles E. Bosserman, Jr.
Tstee.
PROVIDED that the City has the following rights:
BOOK/PAGE
1590/0642
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.O.T.'s current minimum standards for such
facilities as required by the F.D.O.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.O.T. which shall not be
unreasonably withheld. Should the F.D.O.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.O.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.O.T.'s
facilities.
4. The City agrees to repair any damage caused by the gross negligence of City to
F.D.O.T. facilities and to indemnify to the extent permitted under Florida law the
F.D.O.T. against any loss or damage resulting from the gross negligence of City
directly resulting from City exercising its rights outlined in Paragraphs 1 and 3
above.
PARCEL NO.
804.3
SECTION NO.
11070
F.P. NO.
2384294
P.M. NO.
1102-2017
PAGE 3
IN WITNESS WHEREOF, the F.D.O.T. hereto has executed this agreement on the day
and year first above written.
Signed, sealed and delivered
in the presence of witnesses:
SIGNATURE LINE
P.E.
PRINT/TYPE NAME:
SIGNATURE LINE
PRINT/TYPE NAME:
STATE OF FLORIDA
COUNTY OF VOLUSIA
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
By:
District Director Of
Transportation Development
for District Five
719 S. Woodland Blvd.
DeLand, Florida 32720
Legal Review
By:
Office of the General Counsel
The foregoing instrument was acknowledged before me, by means of U physical presence or J online
notarization, this day of 1 , by ,
P.E., District Director of Transportation Development for District 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:
Serial No., if any:
PARCEL NO.
804.3
SECTION NO.
11070
F.P. NO.
2384294
P.M. NO.
1102-2017
PAGE 4
IN WITNESS WHEREOF, the City has caused these presents to be executed in its name
by its City Council acting by its Mayor, the day and year aforesaid.
Signed, sealed and delivered in
the presence of: Two witnesses
required by Florida
SIGNATURE LINE
RINT/TYPE NAME:
SI NATURE LINE
INT/TYPE NAME:
STATE OF FLORIDA
COUNTY OF LAKE
CITY OF CLERMONT, FLORIDA,
Law
As approved by City Council Resolution 2023-
002R
By: tJV�1�
Mayor Tim Murry,
v
ATTEST: _ 1/ • «* " .. k . w', 1
� ,na � .,tee •_J„'
Tracy Ackroyd Howe, City CI ;`
The foregoingZstrument� s acknowledged before me, by means of Li physical presence or a online
notarization this `D day of J(/,N✓c, cZ-7 Z�23, by Tim Murry, Mayor, who is personally known to me
or who has produced as -identification.
PE NAME: -DC) `.
ot�y Public in and for the
County and State last aforesaid/ /
My Commission Expires: Dye �0 Zo$'' •,,:e+++++++++:.,,
Serial No., if any:
y
�Ow N4%. Notary Public State of Florida
• Donald Price
My Commission GG 944219
aw Expires04128/2024