R-06-1500CITY OF CLERMONT
RESOLUTION
NO. 1500
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT APPROVING
THE SUBORDINATION OF CITY UTILITY INTEREST FOR PARCEL NO. 803.3 AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation proposes to construct or improve
State Road No. 25/US 27, Section No. 11200, F.P. No. 238423 1, 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 Ack oy ;City Cler
CITY OF CLERMONT
~~ <~~
Harold S. Turville, Jr., Mayor
23-UTL04-09!01
November 1, 2005
This instrument prepared by
ALICIA CREW
Under the direction of
GEORGE S. LOVETT, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
Deland, Florida 32720-6834
PARCEL NO. 803.3
SECTION 11200
F.P. NO. 238423 1
STATE ROAD 25/US 27
COUNTY LAKE
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this day of by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinaftercalled the
F.D.O.T., and the 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:
F.P. No. 238423 1 -Section 11200 -State Road 25 From the North Right of Way of Lake
Louisa Road to State Road 50
PARCEL NO. 803
That part of:
DRAINAGE EASEMENT
The Southwest'/. of Section 4, Township 23 South, Range 26 East, Lake County, Florida,
lying East of State Road 25 (U.S. Highway 27), as shown on State of Florida, State Road
Department Right of Way Map Section 11200-2509, and lying Southerly and Westerly of
Devonshire at Kings Ridge, Plat Book 37, Page 29 and lying Westerly of Huntington at
Kings Ridge, Plat Book 37, Page 32, all of the Public Records of Lake County, Florida.;
LESS
West Stratford at Kings Ridge, Plat Book 51, Page 96; Stratford at Kings Ridge, Plat Book
41, Page 19, South Hampton at Kings Ridge, Plat Book 38, Page 47 and Lancaster at
Kings Ridge, Plat book 42, Page 67, all of the Public Records of Lake County, Florida.
AND
Section 9, Township 23 South, Range 26 East, Lake County, Florida, lying East of State
Road 25 (U.S. Highway 27) and lying Westerly of Sutherland at Kings Ridge, Plat Book 40,
Page 17 and lying Northerly of Whitehall at Kings Ridge Phase II, Plat book 41, Page 11,
all of the Public Records of Lake County, Florida, and lying Northerly of the following
North 89°50'49" West 282.17 feet to the Easterly existing right of way line of State Road 25
(U.S. Highway 27), as shown on State of Florida, State Road Department Right of Way
Map Section 11200-2509, and the end of the herein described line.
LESS
Lancaster at Kings Ridge, Plat book 42, Page 67 and South Hampton at Kings Ridge, Plat
Book 38, Page 47, all of the Public Records of Lake County, Florida.
(Being a portion of the lands described in Official Records Book 1593, Page 225.)
described as follows:
Commence at a 2" iron pipe with nail in center (found 6" deep in pavement, cut out), no
identification, marking the West Y. corner of Section 4, Township 23 South, Range 26 East;
thence run South 00°07'06" West along the West line of said Section 4 a distance of 1392.87 feet
to a point on the centerline of survey of State Road 25 as shown on Florida Department of
Transportation Right of Way Map Section 11200, Financial Project No. 238423 1; thence run
South 24°49'14" East along said centerline of survey a distance of 678.30 feet to the point of
curvature of a curve concave Southwesterly and having a radius of 11488.67 feet; thence run
Southerly along said centerline of survey and along the arc of said curve an arc distance of 905.41
feet; thence run North 69°41'42" East departing said centerline of survey a distance of 107.00 feet
to a point on the existing East right of way line of State Road 25; thence continue North 69°41'42"
East a distance of 40.00 feet to apoint on anon-tangent curve concave Westerly, having a radius
of 11635.67 feet and a chord bearing of North 21°37'32" West; thence run Northerly along the arc
of said curve through a central angle of 02°38'28" an arc distance of 536.35 feet to the Point of
Beginning; thence run North 63°17'03" East a distance of 178.63 feet; thence South 24°10'41"
East a distance of 545.50 feet; thence run South 58°16'32" East a distance of 54.71 feet; thence
run North 85°49'57" East a distance of 85.15 feet; thence run North 60°31'07" East a distance of
496.20 feet; thence run North 13°52'16" East a distance of 60.37 feet; thence run North 20°05'31"
West a distance of 108.66 feet; thence run North 13°44'43" West a distance of 258.21 feet;
thence run North 45°36'25" West a distance of 191.87 feet; thence run North 22°31'52" West a
distance of 208.54 feet; thence run South 89°55'53" West a distance of 160.45 feet; thence run
South 58°18'56" West a distance of 99.40 feet; thence run South 71°09'09" West a distance of
67.36 feet; thence run South 54°51'46" West a distance of 228.14 feet; thence run North
78°23'18" West a distance of 26.99 feet; thence run North 31°30'45" West a distance of 44.64
feet; thence run South 70°57'33" West a distance of 69.08 feet; thence run South 14°15'09" East
a distance of 62.15 feet; thence run South 26°42'57" East a distance of 193.54 feet; thence run
South 63°17'03" West a distance of 175.43 feet; thence run South 23°04'10" East a distance of
50.11 feet to the Point of Beginning.
Containing 13.152 acres, more or less.
This legal description prepared under the direction of:
Gary Duane Searle, P.L.S. No. 4949
Volkert & Associates
3501 South Main Street, Suite 2
Gainesville Florida 32601
(352)372-9594
RECORDED
I~<~TRU~~ENT DATE FROM TO O.R.
BOOK/PAGE
Easement 7/28/00 Lennar Land Partners City of Clermont 1893/709
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. ~r''03 ,3
SECTIOK //ROd
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/'rYPE NAME:
SIGNATURE LINE
PRINT/TYPE NAME:
STATE OF FLORIDA
COUNTY OF VOLUSIA
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
The foregoing instrument was acknowledged before me ttus 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.
PRINTJTYPE 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 or ice-Chairperson of said Board,
the day and year aforesaid.
Signed, sealed and delivered in GTY OF CLERMONT, FLORIDA,
the presence of: Two witnesses By Its Board of City
required by Forida Law Commissions
SIGNATURE LINE
PRINTlTYPE NAME: Its Chairperson
(or Vice-Chairperson)
SIGNATURE LINE
PRINT/TYPE NAME:
STATE OF FLORIDA
COUNTY OF
ATTEST:
Gerk (or Deputy Gerk)
The foregoing instrument was acknowledged before me this day of . by
,Chairperson (orVice-Chairperson), who is personally known to me or who has
produced as identification.
By:,
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
November 1, 2005
This instrument prepared by
ALICIA CREW
Under the direction of
GEORGE S. LOVETT, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
Deland, Florida 32720-6834
PARCEL NO. 803.3
SECTION 11200
F.P. NO. 238423 1
STATE ROAD 25/US 27
COUNTY LAKE
SUBORDINATION OF CITY UTILITY INTERESTS ',
THIS AGREEMENT, entered into this ~'~~day of d,~f~ , ~, by a ~d
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinaftercalled tie
F.D.O.T., and the CITY OF CLERMONT, a Florida municipal corporation, hereinafter called Cit.
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 requif•e
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 necessalry.
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 ell
of its interest in the lands as follows, viz:
F P No 238423 1 -Section 11200 -State Road 25 From the North Right of Way of Lake
Louisa Road to State Road 50
PARCEL NO. 803
That part of:
DRAINAGE EASEMENT
The Southwest'/ of Section 4, Township 23 South, Range 26 East, Lake County, Florida,
lying East of State Road 25 (U.S. Highway 27), as shown on State of Florida, State Road
Department Right of Way Map Section 11200-2509, and lying Southerly and Westerly ~f
Devonshire at Kings Ridge, Plat Book 37, Page 29 and lying Westerly of Huntington et
Kings Ridge, Plat Book 37, Page 32, all of the Public Records of Lake County, Florida.;
LESS
West Stratford at Kings Ridge, Plat Book 51, Page 96; Stratford at Kings Ridge, Plat Book
41, Page 19, South Hampton at Kings Ridge, Plat Book 38, Page 47 and Lancaster at
Kings Ridge, Plat book 42, Page 67, all of the Public Records of Lake County, Florida.
AND
Section 9, Township 23 South, Range 26 East, Lake County, Florida, lying East of Sta~e
Road 25 (U.S. Highway 27) and lying Westerly of Sutherland at Kings Ridge, Plat Book 4 ,
Page 17 and lying Northerly of Whitehall at Kings Ridge Phase II, Plat book 41, Page 111,
all of the Public Records of Lake County, Florida, and lying Northerly of the following
PARCEL NO. 803.3
SECTION 11200
F.P. NO. 238423 1
PAGE 2
described line:
Commence at a 4-inch by 4-inch concrete monument marked "PRM RLS 3815", being a
Permanent Reference Monument marking an angle point in the West line of lot 943 of
Whitehall at Kings Ridge Phase II, according to the plat in Plat Book 41, Page 11, Public
Records of Lake County, Florida; thence South 17°31'54" West, along the West line of siaid
lot 943 a distance of 2.40 feet to the Point of Beginning of the herein described line; thence
North 89°50'49" West 282.17 feet to the Easterly existing right of way line of State Road 25
(U.S. Highway 27), as shown on State of Florida, State Road Department Right of Way
Map Section 11200-2509, and the end of the herein described line.
LESS
Lancaster at Kings Ridge, Plat book 42, Page 67 and South Hampton at Kings Ridge, Plat
Book 38, Page 47, all of the Public Records of Lake County, Florida.
(Being a portion of the lands described in Official Records Book 1593, Page 225.)
described as follows:
Commence at a 2" iron pipe with nail in center (found 6" deep in pavement, cut out), no
identification, marking the West '/4 corner of Section 4, Township 23 South, Range 26 East;
thence run South 00°07'06" West along the West line of said Section 4 a distance of 1392.87 feet
to a point on the centerline of survey of State Road 25 as shown on Florida Department of
Transportation Right of Way Map Section 11200, Financial Project No. 238423 1; thence run
South 24°49'14" East along said centerline of survey a distance of 678.30 feet to the point of
curvature of a curve concave Southwesterly and having a radius of 11488.67 feet; thence nun
Southerly along said centerline of survey and along the arc of said curve an arc distance of 905.41
feet; thence run North 69°41'42" East departing said centerline of survey a distance of 107.00 feet
to a point on the existing East right of way line of State Road 25; thence continue North 69°41'42"
East a distance of 40.00 feet to apoint on anon-tangent curve concave Westerly, having a radius
of 11635.67 feet and a chord bearing of North 21°37'32" West; thence run Northerly along the arc
of said curve through a central angle of 02°38'28" an arc distance of 536.35 feet to the Point of
Beginning; thence run North 63°17'03" East a distance of 178.63 feet; thence South 24°10'41"
East a distance of 545.50 feet; thence run South 58°16'32" East a distance of 54.71 feet; thence
run North 85°49'57" East a distance of 85.15 feet; thence run North 60°31'07" East a distance of
496.20 feet; thence run North 13°52'16" East a distance of 60.37 feet; thence run North 20°05'31"
West a distance of 108.66 feet; thence run North 13°44'43" West a distance of 258.21 feet;
thence run North 45°36'25" West a distance of 191.87 feet; thence run North 22°31'52" West a
distance of 208.54 feet; thence run South 89°55'53" West a distance of 160.45 feet; thence run
South 58°18'56" West a distance of 99.40 feet; thence run South 71°09'09" West a distance of
67.36 feet; thence run South 54°51'46" West a distance of 228.14 feet; thence run North
78°23'18" West a distance of 26.99 feet; thence run North 31°30'45" West a distance of 44.64
feet; thence run South 70°57'33" West a distance of 69.08 feet; thence run South 14°15'09" East
a distance of 62.15 feet; thence run South 26°42'57" East a distance of 193.54 feet; thence run
South 63°17'03" West a distance of 175.43 feet; thence run South 23°04'10" East a distance of
50.11 feet to the Point of Beginning.
Containing 13.152 acres, more or less.
This legal description prepared under the direction of:
Gary Duane Searle, P.L.S. No. 4949
Volkert & Associates
3501 South Main Street, Suite 2
Gainesville Florida 32601
(352)372-9594
PARCEL NO. 803.3
SECTION 11200
F.P. NO. 238423 1
PAGE 3
TOGETHER WITH an easement for ingress and egress in, over, under, upon and
through the remainder of the parent tract of Grantor's land as described above, being,a
portion of lands described in Official Records Book 1593, Page 225, Public Records of Lake
County, Florida.
RECORDED
INSTRUMENT DATE FROM TO O.R.
BOOK/PAGE
Easement 7/28/00 Lennar Land Partners City of Clermont 1893/709
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. 803.3
SECTION 11200
F.P. NO. 238423 1
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:
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:
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 orwho has
produced as identification.
PRINT/TYPE NAME:
Notary Public in and for the
County and State fast aforesaid.
My Commission Expires:
Serial No., if any:
!N 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
the presence of: Two witnesses
reptrirec( by Florida ~w
LINE
NAME;
CITY OF CLERMONT, FLORIDA,
By Its Board of City
Commission
-~"' ~~~
Its Chairper
(or Vice-C rperson) /, , /~
SIGNATURE ~LI~IE
PRINT YPE AM
A'
Clerk (qf Deputy Clerk}"
STATE OF FLORIDA
COUNTY OF LAKE
The f e o~.instrume t was acknowledged before me this ~ day o , a~~-, by
~ / f,~„e y~',~_c° ,Chairperson (or Vice-Chairperson), who i ersonally known o me or who has
produced as identifi n.
PRiNT/TYPE NAME: , a vh
Notary Public in and for the
NNNN~~N~N~N~~~_~'..
County and State last cKi o, avc~N
My Commission Expire Mw cpDO~`i19°
Serial No., if any: s ~""
a-- x~
~N~NN~N~N~N~~NN~NNNN~N