R-06-1497CITY OF CLERMONT
RESOLUTION
NO. 1497
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT APPROVING
THE SUBORDINATION OF CITY UTILITY INTEREST FOR PARCEL NO. 104.2R AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation proposes to construct or improve
State Road No. 50, Section No. 11070, F.P. No. 238429 4, 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, said subordination is in the best interest of the City: 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 Board of City Council of The City of Clermont, 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
this Board of 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 24th DAY OF OCTOBER 2006.
ATTE
. , C~~
Tracy.Ac oyd, City Cler
CITY OF CLERMONT
~~~~ ,
arold S. Turville, Jr., Mayor
23-UTL04-09/01
June 8, 2006
This instrument prepared by
LYNN W. BLAIS
Under the direction of
GEORGE S. LOVETT, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
Deland, Florida 32720-6834
PARCEL NO. 104.2R
SECTION 11070
F.P. NO. 238429 4
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 THE CITY OF CLERMONT, hereinafter called City.
FOR the current F.D.O.T. project, identified as F.P. No. 238429 4, the F.D.O.T. will include
the design, permitting and construction of the relocation of the City's facilities, per the City's
standard construction practices, as part of the F.D.O.T. project. The consultant for the F.D.O.T.
project will design and permit the work, and the contractor for F.D.O.T. will construct the work.
The design and construction work will be performed pursuant to the terms and conditions of
F.D.O.T.'s standard agreements for such arrangements, copies of which are attached hereto as
exhibits and by this reference made a part hereof.
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
W HEREAS, 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. 104
SECTION 11070
F.P. NO. 238429 4
WATER RETENTION AREA LEFT (NORTH) STATION 1491+00±
THAT PART OF:
"Tracts 51A, 52A, 61 and 62, of LAKE HIGHLANDS COMPANY SUBDIVISION OF SECTION 23,
TOWNSHIP 22 SOUTH, RANGE 26 EAST, according to the Plat thereof, as recorded in Plat
Book 4, Page 11, of the Public Records of Lake County, Florida; LESS right of way on the West
for State Road Number 455; together with Tracts 3, 4, 13 and 14 of LAKE HIGHLANDS
COMPANY SUBDIVISION OF SECTION 26 TOWNSHIP 22 SOUTH, RNAGE 26 EAST,
according to the Plat thereof, as recorded in Plat Book 3, at Page 52, of the Public Records of
Lake County, Florida; LESS right of way on the West for State Road 455 and LESS right of way
on the South for State Road 50, in and for Lake County, Florida.
PARCEL NO. 104.2R
SECTION 11070
F.P. NO.
PAGE 2
LESS AND EXCEPT THE FOLLOWING AS CONTAINED IN THAT CERTAIN WARRANTY
DEED RECORDED DECEMBER 26, 2002, IN OFFICIAL RECORDS BOOK 2231, PARE 2257,
PUBLIC RECORDS OF LAKE COUNTY, FLORIDA:.
A portion of tracts 3, 4 13 and 14 of LAKE HIGHLANDS COMPANY SUBDIVISION OF SECTION
26, TOWNSHIP 22 SOUTH, RANGE 26 EAST, according to the Plat thereof, as recorded in Plat
Book 3, Page 52, of the Public Records of Lake County, Florida, being described as follows:
Commence at the North Quarter comer of said Section 26 as a point of reference, said point being
marked by a railroad spike in the centerline of pavement of County Road No. 455; thence run
South 00 degrees 40 minutes 30 seconds West, along the West line of the Northeast Quarter of
said Section 26, 244.02 feet; thence run South 89 degrees 34 minutes 59 seconds East, parallel
with the North line of said Northeast Quarter, 33.00 feet to the POINT OF BEGINNING; thence
continue South 89 degrees 34 minutes 59 seconds East, parallel with said North line, 700.01 feet;
thence run South 00 degrees 40 minutes 30 seconds West, parallel with the aforesaid West line
of the Northeast Quarter, 879.12 feet to the North right of way line of State Road No. 50 as shown
on right of way Map Section 11070-2505; thence run North 88 degrees 54 minutes 49 seconds
West, along said North right of way line, 718.02 feet to the East line of a 30 foot right of way as
shown on the Plat of LAKE HIGHLANDS COMPANY SUBDIVISION; thence run North 00 degrees
40 minutes 30 seconds East, along said East right line 261.64 feet to the East line of County Road
No. 455 as currently monumented, said line being a curve concave to the Northwest; thence run
Northeasterly along said curve having a central angle of 13 degrees 48 minutes 23 seconds, a
radius of 623.00 feet, an arc length of 150.12 feet, a chord bearing of North 07 degrees 34
minutes 41 seconds East and a chord distance of 149.76 feet; thence run North 00 degrees 40
minutes 30 seconds East, continuing along said East line, 460.49 feet to the POINT OF
BEGINNING.
AND LESS AND EXCEPT THE FOLLOWING AS CONTAINED IN THAT CERTAIN WARRANTY
DEED RECORDED OCTOBER 16, 2001, IN OFFICIAL RECORDED BOOK 2015, PAGE 733,
PUBLIC RECORDS OF LAKE COUNTY, FLORIDA:
That portion of the following described Parcel lying within 50 feet East of the North-South Mid-
section line of Section 26, Township 22 South, Range 26 East, Lake County, Florida.
Tract 13 of LAKE HIGHLANDS COMPANY SUBDIVISION OF SECTION 26, TOWNSHIP 22
SOUTH, RANGE 26 EAST, according to the Plat thereof, as recorded in Plat Book 3, Page 52, of
the Public Records of Lake County, Florida LESS AND EXCEPT right of way for SR 50."
Being the lands described and recorded in Official Records Book 2325, Page 2232, Public
Records of lake County, Florida.
BEING DESCRIBED AS FOLLOWS:
Commence at a 4 inch round concrete monument with no identification marking the Northeast
comer of Section 26, Township 22 South,. Range 26 East, Lake County, Florida; thence run South
00 Dzgrees 40 IVFi~utes 13 Seconds West along the ~astline of the Ncrtheust'/, of said Section
26, a distance of 1315.68 feet to a point on the centerline of survey for State Road 50 as shown
the Florida Department of Transportation Right of Way Map, Section 11070, F.P. No. 238429 4;
thence North 89 pegrees 06 Minutes 32 Seconds West along said centerline, a distance of
1334.39 feet; thence departing said centerline run North 00 Degrees 53 Minutes 28 Seconds
East, a distance of 132.00 feet to a point on the north right of way line of said State Road 50, for
the POINT OF BEGINNING: thence run North 89 Degrees 06 Minutes 32 Seconds West along
said right of way line, a distance of 100.00 feet to a point on said right of way line; thence
departing said right of way line run North 00 Degrees 53 Minutes 28 Seconds East, a distance of
208.00 feet to a point; thence South 89 Degrees 06 Minutes 32 Seconds East, parallel with, and
340.00 feet westerly by perpendicular measurement from the centerline line of survey for said
State Road 50, a distance of 100.00 feet to the northwest corner of a Florida Department of
Transportation Water Retention Area as recorded in Official Records Book 591, Page 1209 of the
Public Records of Lake County, Florida; thence South 00 Degrees 53 Minutes 28 Seconds West
PARCEL NO. 104.2R
SECTION 11070
F.P. NO.
PAGE 3
along the west line of said Water Retention Area, a distance of 208.00 feet to the POINT OF
BEGINNING.
CONTAINING: 20,800 Square Feet, more or less.
This legal description prepared under the direction of:
Michael D. Platt, PLS # 4256
Consul-Tech Surveying & Mapping, Inc.
2828 Edgewater Drive
Orlando, Florida 32804
Date: January 10, 2005
(407) 649-8334
RECORDED
INSTRUMENT DATE FROM TO O.R.
BOOK/PAGE
Easement 08/07/97 Louis Feil Ci of Clermont 1566 / 921
PROVIDED that the City has the following rights:
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. 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 to F. D.O.T. facilities and to indemnify the
F:D.O.T, against any loss or damage resulting from the City exercising its rights
outlined in Paragraphs 1 and 3 above.
PARCEL NO. 104.2R
SECTION 11070
F.P. NO.
PAGE 4
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:
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
SIGNATURE LINE
PRINT/TYPE NAME:
SIGNATURE LINE
PRINT/TYPE NAME:
By:
Noranne B. Downs, P.E.,
District Director
Of Project Development
for District Five
719 S. Woodland Blvd.
Deland, Florida 32720
Approved as to Form,
Legality and Execution:
By:
District Counsel
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this day of
by Noranne B. Downs, P.E., District Director of Production 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:_
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 orVice-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
required by Florida Law Commissioners
By:.~~~--~-~
SIGNATURE LINE
PRINT/TYPE NAME: Its Chairperson
(or Vice-Chairperson)
SIGNATURE LINE ATTEST:
PRINT/TYPE NAME:
Clerk (or Deputy Clerk)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of , by
,Chairperson (or Vice-Chairperson), 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:
23-UTL04-09/01
June 8, 2006
This instrument prepared by
LYNN W. BLAIS
Under the direction of
GEORGE S. LOVETT, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
Deland, Florida 32720-6834
PARCEL NO. 104.2R
SECTION 11070
F.P. NO. 238429 4
STATE ROAD 50
COUNTY: LAKE
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this a~'~~ay of , c~~, by end
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinaftercalled'the
F.D.O.T., and THE CITY OF CLERMONT, hereinafter called City.
FOR the current F.D.O.T. project, identified as F.P. No. 238429 4, the F.D.O.T. will include
the design, permitting and construction of the relocation of the City's facilities, per the City's
standard construction practices, as part of the F.D.O.T. project. The consultant for the F.D.O.T.
project will design and permit the work, and the contractor for F.D.O.T. will construct the work.
The design and construction work will be performed pursuant to the terms and conditions of
F.D.O.T.'s standard agreements for such arrangements, copies of which are attached hereto as
exhibits and by this reference made a part hereof.
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. 104
SECTION 11070
F.P. NO. 238429 4
WATER RETENTION AREA LEFT (NORTH) STATION 1491+00±
THAT PART OF:
"Tracts 51A, 52A, 61 and 62, of LAKE HIGHLANDS COMPANY SUBDIVISION OF SECTION 23,
TOWNSHIP 22 SOUTH, RANGE 26 EAST, according to the Plat thereof, as recorded in Plat
Book 4, Page 11, of the Public Records of Lake County, Florida; LESS right of way on the West
for State Road Number 455; together with Tracts 3, 4, 13 and 14 of LAKE HIGHLANDS
COMPANY SUBDIVISION OF SECTION 26 TOWNSHIP 22 SOUTH, RNAGE 26 EAST,
according to the Plat thereof, as recorded in Plat Book 3, at Page 52, of the Public Records of
Lake County, Florida; LESS right of way on the West for State Road 455 and LESS right of way
on the South for State Road 50, in and for Lake County, Florida.
PARCEL NO. 104.2R
SECTION 11070
F.P. NO.
PAGE 2
LESS AND EXCEPT THE FOLLOWING AS CONTAINED IN THAT CERTAIN WARRANJTY
DEED RECORDED DECEMBER 26, 2002, IN OFFICIAL RECORDS BOOK 2231, PARE 2~'S7,
PUBLIC RECORDS OF LAKE COUNTY, FLORIDA:
A portion of tracts 3, 4 13 and 14 of LAKE HIGHLANDS COMPANY SUBDIVISION OF SECTION
26, TOWNSHIP 22 SOUTH, RANGE 26 EAST, according to the Plat thereof, as recorded in Plat
Book 3, Page 52, of the Public Records of Lake County, Florida, being described as follows:
Commence at the North Quarter corner of said Section 26 as a point of reference, said point being
marked by a railroad spike in the centerline of pavement of County Road No. 455; thence run
South 00 degrees 40 minutes 30 seconds West, along the West line of the Northeast Quarter of
said Section 26, 244.02 feet; thence run South 89 degrees 34 minutes 59 seconds East, parallel
with the North line of said Northeast Quarter, 33.00 feet to the POINT OF BEGINNING; thence
continue South 89 degrees 34 minutes 59 seconds East, parallel with said North line, 700.01 feet;
thence run South 00 degrees 40 minutes 30 seconds West, parallel with the aforesaid West line
of the Northeast Quarter, 879.12 feet to the North right of way line of State Road No. 50 as shown
on right of way Map Section 11070-2505; thence run North 88 degrees 54 minutes 49 seconds
West, along said North right of way line, 718.02 feet to the East line of a 30 foot right of way, as
shown on the Plat of LAKE HIGHLANDS COMPANY SUBDIVISION; thence run North 00 degrl'ees
40 minutes 30 seconds East, along said East right line 261.64 feet to the East line of County R¢~ad
No. 455 as currently monumented, said line being a curve concave to the Northwest; thence run
Northeasterly along said curve having a central angle of 13 degrees 48 minutes 23 seconds, a
radius of 623.00 feet, an arc length of 150.12 feet, a chord bearing of North 07 degrees 34
minutes 41 seconds East and a chord distance of 149.76 feet; thence run North 00 degrees 40
minutes 30 seconds East, continuing along said East line, 460.49 feet to the POINT OF
BEGINNING.
AND LESS AND EXCEPT THE FOLLOWING AS CONTAINED IN THAT CERTAIN WARRANTY
DEED RECORDED OCTOBER 16, 2001, IN OFFICIAL RECORDED BOOK 2015, PAGE 733,
PUBLIC RECORDS OF LAKE COUNTY, FLORIDA:
That portion of the following described Parcel lying within 50 feet East of the North-South Mid-
section line of Section 26, Township 22 South, Range 26 East, Lake County, Florida.
Tract 13 of LAKE HIGHLANDS COMPANY SUBDIVISION OF SECTION 26, TOWNSHIP 22
SOUTH, RANGE 26 EAST, according to the Plat thereof, as recorded in Plat Book 3, Page 52, of
the Public Records of Lake County, Florida LESS AND EXCEPT right of way for SR 50."
Being the lands described and recorded in Official Records Book 2325, Page 2232, Public
Records of Lake County, Florida.
BEING DESCRIBED AS FOLLOWS:
Commence at a 4 inch round concrete monument with no identification marking the Northeast
corner of Section 26, Township 22 South, Range 26 East, Lake County, Florida; thence run South
00 Degrees 40 Minutes 13 Seconds West along the east line of the Northeast'/ of said Section
26, a distance of 1315.68 feet to a point on the centerline of survey for State Road 50 as shown
the Florida Department of Transportation Right of Way Map, Section 11070, F.P. No. 238429 4;
thence North 89 Degrees 06 Minutes 32 Seconds West along said centerline, a distance of
1334.39 feet; thence departing said centerline run North 00 Degrees 53 Minutes 28 Seconds
East, a distance of 132.00 feet to a point on the north right of way line of said State Road 50, for
the POINT OF BEGINNING: thence run North 89 Degrees 06 Minutes 32 Seconds West along
said right of way line, a distance of 100.00 feet to a point on said right of way line; thence
departing said right of way line run North 00 Degrees 53 Minutes 28 Seconds East, a distance of
208.00 feet to a point; thence South 89 Degrees 06 Minutes 32 Seconds East, parallel with, and
340.00 feet westerly by perpendicular measurement from the centerline line of survey for said
State Road 50, a distance of 100.00 feet to the northwest corner of a Florida Department of
Transportation Water Retention Area as recorded in Official Records Book 591, Page 1209 of the
Public Records of Lake County, Florida; thence South 00 Degrees 53 Minutes 28 Seconds Wdst
PARCEL NO. 104.2R
SECTION 11070
F.P. NO.
PAGE 3
along the west line of said Water Retention Area, a distance of 208.00 feet to the POINT OF
BEGINNING.
CONTAINING: 20,800 Square Feet, more or less.
This legal description prepared under the direction of:
Michael D. Platt, PLS # 4256
Consul-Tech Surveying & Mapping, Inc.
2828 Edgewater Drive
Orlando, Florida 32804
Date: January 10, 2005
(407) 649-8334
RECORDED
INSTRUMENT DATE FROM TO O.R.
BOOK/PAGE
Easement 08/07/97 Louis Feil Cit of Clermont 1566 / 921
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.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. 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 to F.D.O.T. facilities and to indemnify the
F.D.O.T. against any loss or damage resulting from the City exercising its rights
outlined in Paragraphs 1 and 3 above.
PARCEL NO. 104.2R
SECTION 11070
F.P. NO.
PAGE 4
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
PRINT/TYPE NAME:
SIGNATURE LINE
PRINT/TYPE NAME:
STATE OF FLORIDA
COUNTY OF VOLUSIA
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
Noranne B. Downs, P.E.,
District Director
Of Project Development
for District Five
719 S. Woodland Blvd.
Deland, Florida 32720
By:
Approved as to Form,
Legality and Execution:
District Counsel
By:
The foregoing instrument was acknowledged before me this day of , ~,
by Noranne B. Downs, P.E., District Director of Production 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:
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 orVice-Chairperson of said Board,
the day and year aforesaid.
Signed, sealed and delivered in CITY OF CLERMONT, FLORIDA,
the presence of: Two witnesse By Its Board of City
requjl~d-fly Florida Lev ~ Commissioners
JIC~ I UKt LINt
P T/TY E NAME.
~~ n n ~
SIGNA URE LIN ~~ / A
PRINT YPE N E: ,Ce -f ~ ~ o ~~
STATE OF FLORIDA
COUNTY OF ~ ~~~
The for i i ument s acknowledged before me this ~ ~ay of ~, ~~ by
,~~ Chairperson (orVice-Chairperson), who i ersonall know to me orwho has
produced -r as identifi n.
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PRINT/TYPE NAME: rw
Notary Public in and for the
County and State last aforesaid.
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