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R-06-1496CITY OF CLERMONT RESOLUTION NO. 1496 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT APPROVING THE SUBORDINATION OF CITY UTILITY INTEREST FOR PARCEL NO. 103.3R 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. ATTEST ,~ G~~~-, / `~ ,~. Tracy Ackroy . Gity Clerk CITY OF CLERMONT ~~-~-~ Harold 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. 103.3R 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 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 subord+nation 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. 103 SECTION 11070 F.P. NO. 238429 4 WATER RETENTION AREA RIGHT (SOUTH) STATION 1431+50+ THAT PART OF: SE'/. of NW'/, and SW %. of NE %., all in Section 27, Township 22 South, Range 26 East, Lake County, Florida, less right of way for State Road 50 and DOT Retention Pond. Being a portion of the lands described and recorded in Official Records Book 2596, Pages 555 and 557; Official Records Book 2562, Pages 110 and 112; Official Records Book 1546, Page 1087; and Official Records Book 358, Page 72, all in the Public Records of Lake County, Florida. BEING DESCRIBED AS FOLLOWS: Commence at a 4 inch by 4 inch concrete monument with top broken and no identification marking the Northwest corner of the Northeast'/. of Section 27, Township 22 South, Range 26 East, Lake County, Florida; thence run South 00 Degrees 37 Minutes 50 Seconds West along the PARCEL NO. 103.3R SECTION 11070 F.P. NO. 238429 4 PAGE 2 west line of the Northeast %. of said Section 27, a distance of 1288.52 feet to a point on the centerline of survey for State Road 50 as shown on the Florida Department of Transportation Right of Way Map, Section 11070, F.P. No. 238429 4; thence South 89 Degrees 06 Minutes 32 Seconds East along said centerline, a distance of 557.74 feet; thence departing said centerline run South 00 Degrees 53 Minutes 28 Seconds West, a distance of 75.00 feet to a point on the south right of way line of said State Road 50 forthe POINT OF BEGINNING: thence run South 89 Degrees 06 Minutes 32 Seconds East along said right of way line, a distance of 150.00 feet to a point on said line, said point being the point of intersection with the west line of a Florida Department of Transportation Water Retention Area as recorded in Official Record Book 591, Page 1222 of the Public Records of Lake County, Florida; thence departing said right of way line run South 00 Degrees 53 Minutes 28 Seconds West along the west line of said Water Retention Area, a distance of 325.00 feet; thence North 89 Degrees 06 Minutes 32 Seconds West, parallel with, and 400.00 feet easterly by perpendicular measurement from the centerline of survey for said State Road 50, a distance of 150.00 feet; thence North 00 Degrees 53 Minutes 28 Seconds East, a distance of 325.00 feet to a point on said south right of way tine and the POINT OF BEGINNING. CONTAINING: 1.119 Acres, 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 (407j 649-8334 RECORDED INSTRUMENT DATE FROM TO O.R. BOOK/PAGE Easement 01/29/98 Richard E. Bosseman, City of Clermont 1590 /642 Trustee and Charles E. Bosserman, Jr. Trustee 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. fait 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. PARCEL NO. 103.3R SECTION 11070 F.P. NO. 238429 4 PAGE 3 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. 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 PRINTlTYPE 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 Approved as to Form, Legality and Execution: By: District Counsel 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., ff any: 1N 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 required by Florida Law SIGNATURE LINE PRINT/TYPE NAME: SIGNATURE LINE PRINT/TYPE NAME: CITY OF CLERMONT, FLORIDA, By Its Board of City Commis ~s Its Chairperson (or Vice-Chairperson) ATTEST: 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. By: PRINT/TYPE NAME: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., ff 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. 103.3R SECTION 11070 F.P. NO. 238429 4 STATE ROAD 50 COUNTY: LAKE SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this ~ZL day of ~~~, c~~, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the F.D.O.T., and 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. 103 SECTION 11070 F.P. NO. 238429 4 WATER RETENTION AREA RIGHT (SOUTH) STATION 1431+50± THAT PART OF: SE % of NW'/< and SW'/ of NE'/4, all in Section 27, Township 22 South, Range 26 East, Lake County, Florida, less right of way for State Road 50 and DOT Retention Pond. Being a portion of the lands described and recorded in Official Records Book 2596, Pages 555 and 557; Official Records Book 2562, Pages 110 and 112; Official Records Book 1546, Page 1087; and Official Records Book 358, Page 72, all in the Public Records of Lake County, Florida. BEING DESCRIBED AS FOLLOWS: Commence at a 4 inch by 4 inch concrete monument with top broken and no identification marking the Northwest corner of the Northeast'/4 of Section 27, Township 22 South, Range 26 East, Lake County, Florida; thence run South 00 Degrees 37 Minutes 50 Seconds West along the PARCEL NO. 103.3R SECTION 11070 F.P. NO. 238429 4 PAGE 2 west line of the Northeast '/4 of said Section 27, a distance of 1288.52 feet to a point on the centerline of survey for State Road 50 as shown on the Florida Department of Transportation Right of Way Map, Section 11070, F.P. No. 238429 4; thence South 89 Degrees 06 Minutes 32 Seconds East along said centerline, a distance of 557.74 feet; thence departing said centerline run South 00 Degrees 53 Minutes 28 Seconds West, a distance of 75.00 feet to a point on the south right of way line of said State Road 50 forthe POINT OF BEGINNING: thence run South 89 Degrees 06 Minutes 32 Seconds East along said right of way line, a distance of 150.00 feet to a point on said line, said point being the point of intersection with the west line of a Florida Department of Transportation Water Retention Area as recorded in Official Record Book 591, Page 1222 of the Public Records of Lake County, Florida; thence departing said right of way line run South 00 Degrees 53 Minutes 28 Seconds West along the west line of said Water Retention Area, a distance of 325.00 feet; thence North 89 Degrees 06 Minutes 32 Seconds West, parallel with, and 400.00 feet easterly by perpendicular measurement from the centerline of survey for said State Road 50, a distance of 150.00 feet; thence North 00 Degrees 53 Minutes 28 Seconds East, a distance of 325.00 feet to a point on said south right of way line and the POINT OF BEGINNING. CONTAINING: 1.119 Acres, 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 01 /29/98 Richard E. Bosseman, City of Clermont 1590 / 642 Trustee and Charles E. Bosserman, Jr. Trustee 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 alteratian, 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. PARCEL NO. 103.3R SECTION 11070 F.P. NO. 238429 4 PAGE 3 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. 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: STATE OF FLORIDA COUNTY OF VOLUSIA 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 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 Baard, the day and year aforesaid. Signed, sealed and delivered in the presence of: Two witnesses requi y Florida w SIG ATURE LINE .T"" ~ ~ ~~~~ P INT/TYPE NAME SIG ATURE NE PRI /TYP AME:~ D//a ~ STATE OF FLORIDA CITY OF CLERMONT, FLORIDA, By Its Board of City By: Its Chairpe on (or Vice- airperson) A' Clerk (or Deputy Clerk) COUNTY OF ~C, A--~C Er The fo ~egoi_ r,~,~nstrumen was acknowledged before me this ~~~day of , ~~ by ,,~.~!Q~~L f,~, Chairperson (or Vice-Ch irperson), who ' personaNy known me or who has produced as identifi on. •a PRINT/TYPE NAME: a r..~ Notary Public in and for the, . ... . . . . . . . . . . . . . . .. . . .. . . . . . . . .. . County and State last aforesaid. sECKi o. su-c~M `• My Commission Expires: '"~Y~~", c«~,mnQ ., Serial No., if any: _- ^~ toretiz ~wunw~~•w••••on~~ N~h~~ii iiau~i