R-06-1498CITY OF CLERMONT
RESOLUTION
NO. 1498
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT APPROVING
THE SUBORDINATION OF CITY UTILITY INTEREST FOR PARCEL N0.801.4R 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 begin duly
considered.
NOW, THEREFORE, BE IT RESOLVED by the Board of City Council of The City of Clermont, l~lorida,
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
Tracy Ackr yd, City Clerk
CITY OF CLERMONT
J~-
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. 801.4R
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, hereinaftercalled 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 801 SECTION 11070
F.P. 238429 4
MAINTENANCE ROAD LEFT (NORTH) STATON 1497+50+
EASEMENT
THAT PART OF:
"Tracts 1 and 2, that part of Tracts 15 and 15A lying north of the right-of-way of State Road 50 and
north of Water Retention Area, and that part of Tract 16 lying north of the right-of-way of State
Road 50, in Section 26, Township 22 South, Range 26 East, Lake County, Florida, LAKE
HIGHLANDS COMPANY, according to the plat thereof recorded in Plat Book 3, page 52, public
records of Lake County, Florida, lying in the NE-1/4 of NE-1/4 of Section 26, Township 22 South,
Range 26 East, Lake County, Florida, LESS road rights-of-way."
Being a portion of the lands described and recorded in Official Records Book 844, Page 839,
LESS Official Records Book 2754, Page 2314, Public Records of Lake County, Florida.
BEING DESCRIBED AS FOLLOWS:
PARCEL NO. 801.4R
SECTION 11070
F.P. NO. 238429 4
PAGE 2
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
on 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, a distance of 718.41 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, said point being at the
southeast corner of a Florida Department of Transportation Water Retention Area as recorded in
Official Record Book 591, Page 1209, of the Public Records of Lake County, Florida and the
POINT OF BEGINNING: thence departing said right of way line run North 00 Degrees 53 Minutes
28 Seconds East along the east line of said Water Retention Area, a distance of 208.00 feet to a
point; thence South 89 Degrees 06 Minutes 32 Seconds East, parallel with, and 340.00 feet
northerly by perpendicular measurement from the centerline of survey for said State Road 50, a
distance of 32.78 feet; thence South 00 Degrees 25 Minutes 52 Seconds East, a distance of
208.06 feet to a point on the north right of way line of said State Road 50; thence North 89
Degrees 06 Minutes 32 Seconds West along said right of way line, a distance of 37.58 feet to the
POINT OF BEGINNING.
CONTAINING: 7,318 Square Feet, more or less.
This legal description prepared under the direction of:
Russell D. Kessler, P.L.S. No. 5115
Florida Department of Transportation
719 South Woodland Boulevard
Deland, Florida 32720
RECORDED
O.R.
INSTRUMENT DATE FROM TO BOOK/PAGE
Easement 05/15/98 C.A. Me er, Jr. Cit of Clermont 1644 / 2203
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.
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. 801.4R
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:
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:
STATE OF FLORIDA
District Counsel
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., ff any:
IN W ITNESS 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
required by Florida Law Commissioner
Y'
SIGNATURE LINE
PRINT/TYPE NAME: Its Chairperson
(or Vice-Chairperson)
SIGNATURE LINE
PRINT/TYPE NAM
STATE OF FLORIDA
COUNTY OF
ATTEST:
Clerk (or Deputy Clerk)
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.
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. 801.4R
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.
FORthe current F.D.O.T. project, identified as F.P. No. 2384294, the F.D.O.T. will inclU~de
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 forthe F.D.C1.T.
project will design and permit the work, and the contractor for F.D.O.T. will construct the work.
The design and constnaction 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 hereta 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 parkies
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 801
MAINTENANCE ROAD
EASEMENT
THAT PART OF:
LEFT (NORTH)
SECTION 11070
F.P. 238429 4
STATON 1497+50±
"Tracts 1 and 2, that part of Tracts 15 and 15A lying north of the right-of-way of State Road 50 and
north of Water Retention Area, and that part of Tract 16 lying north of the right-of-way of State
Road 50, in Section 26, Township 22 South, Range 26 East, Lake County, Florida, LAKE
HIGHLANDS COMPANY, according to the plat thereof recorded in Plat Book 3, page 52, public
records of Lake County, Florida, lying in the NE-1/4 of NE-1/4 of Section 26, Township 22 South,
Range 26 East, Lake County, Florida, LESS road rights-of-way."
Being a portion of the lands described and recorded in Official Records Book 844, Page 839,
LESS Official Records Book 2754, Page 2314, Public Records of Lake County, Florida.
BEING DESCRIBED AS FOLLOWS:
PARCEL NO. 801.4R
SECTION 11070
F.P. NO. 238429 4
PAGE 2
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'/4 of said Section
26, a distance of 1315.68 feet to a point on the centerline of survey for State Road 50 as shoMrn
on 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, a distance of 718.41 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, said point being at the
southeast corner of a Florida Department of Transportation Water Retention Area as recorded in
Official Record Book 591, Page 1209, of the Public Records of Lake County, Florida and the
POINT OF BEGINNING: thence departing said right of way line run North 00 Degrees 53 Minutes
28 Seconds East along the east line of said Water Retention Area, a distance of 208.00 feet tlo a
point; thence South 89 Degrees 06 Minutes 32 Seconds East, parallel with, and 340.00 fleet
northerly by perpendicular measurement from the centerline of survey for said State Road 5d, a
distance of 32.78 feet; thence South 00 Degrees 25 Minutes 52 Seconds East, a distance of
208.06 feet to a point on the north right of way. line of said State Road 50; thence North 89
Degrees 06 Minutes 32 Seconds West along said right of way line, a distance of 37.58 feet to the
POINT OF BEGINNING.
CONTAINING: 7,318 Square Feet, more or less.
This legal description prepared under the direction of:
Russell D. Kessler, P.L.S. No. 5115
Florida Department of Transportation
719 South Woodland Boulevard
Deland, Florida 32720
RECORDED
INSTRUMENT DATE FROM TO O.R.
BOOK/PAGE
Easement 05/15/98 C.A. Me er, Jr. Cit of Clermont 1644 / 220
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 descrifbed
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."f.'s
facilities.
PARCEL NO. 801.4R
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
PRINT/TYPE NAME:
sy:
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:
STATE OF FLORIDA
COUNTY OF VOLUSIA
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 orwho 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 or Vice-Chairperson of said Board, the day and year aforesaid.
Signed, sealed and delivered in
the presence of: Two~~{{itnesses
req~ireb"t~y Florida Lai /
i~~
SIGI)I'ATURE L
SIGNAT E LINE // /~
PR1NT/TY E NAM ~ T ~ (/1 0
STATE OF FLORIDA
COUNTY OF ~~i('~~~
CITY OF CLERMONT, FLORIDA,
By Its Board of City
The for of trumen was acknowledged before me this ~ day of ~ , by
F'. ~' ~ ~ / (,~,~d r~ ~~P ~ ,Chairperson (or Vice-Ch erson), who i ersonall know o me or who has
produced as identifi at' n. ~ ~,
PRiNT/TYPE NAME: ,t-,~~C,Y.v ~ ~S1AGkh~p
Notary Public in and fort ...••»••••"""•'~~ nl
ECKI O. BLACKMO
County and State last of es c,~„m~-ooo3~A9°
My Commission Expires: ~~~'°r''~Z°°e
Serial No., if any: i ~ ~~ eo „ me
laerK (Or Ueputy C:IerK)