R-06-1499CITY OF CLERMONT
RESOLUTION
NO. 1499
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT APPROVING
THE SUBORDINATION OF CITY UTILITY INTEREST FOR PARCEL N0.800.3RI 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, Florid, 32720-
6834.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA THIS 24th DAY OF OCTOBER 2006.
ATTES ~
. ~~-~'
Tracy Ackroyd, City Clerk
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. 800.3R
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
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, inconsideration 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. 800 SECTION 11070
F.P. No. 238429 4
MAINTENANCE ROAD RIGHT (SOUTH) STATION 1436+50+
EASEMENT
THAT PART OF:
SE'/. of NW'/.and SW Y4 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
PARCEL NO. 800.3R
SECTION 11070
F.P. NO. 238429 4
PAGE 2
marking the Northwest comer 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
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 1107.73 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 60.00 feet to a
point on the east line of a 60 foot ingress-egress easement as recorded in Official Records Book
798, Page 871 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 east line of said ingress-
egress easement, 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 60.00 feet to the southeast corner 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 North 00 Degrees 53 Minutes
28 Seconds East along the east line of said Water Retention Area, a distance of 325.00 feet to
the POINT OF BEGINNING.
CONTAINING: 19,500 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 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:
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 nev,+ 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,
PARCEL NO. 800.3R
SECTION 11070
F.P. NO. 238429 4
PAGE 3
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.
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 _~ Noranne B. Downs, P.E.,
PRINTfTYPE NAME: District Director
Of Project Development
for District Five
SIGNATURE LINE 719 S. Woodland Blvd.
PRINTfTYPE NAME: 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 Commissione
8y: _.....- l~~-~9
SIGNATURE LINE
PRINT/TYPE NAME: Its Chairperson
(or Vice-Chairperson)
SIGNATURE LINE ATTEST:
PRINTlTYPE NAME:
Clerk (or Deputy Clerk)
STATE OF FLORIDA
COUNTY OF
PARCEL NO. 800.3R
SECTION 11070
F.P. NO. 238429 4
PAGE 4
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. 800.3R
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 end
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 wark.
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 heretolas
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. 800
MAINTENANCE ROAD
EASEMENT
THAT PART OF:
RIGHT (SOUTH)
SECTION 11070
F.P. No. 238429 4
STATION 1436+50±
SE'/4 of NW'/4 and SW'/4 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
PARCEL NO. 800.3R
SECTION 11070
F.P. NO. 238429 4
PAGE 2
marking the Northwest corner of the Northeast'/4 of Section 27, Township 22 South, Ranged 26
East, Lake County, Florida; thence run South 00 Degrees 37 Minutes 50 Seconds West alonglthe
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 Transportai~ion
Right of Way Map, Section 11070, F.P. No. 238429 4; thence South 89 Degrees 06 Minute 32
Seconds East along said centerline a distance of 1107.73 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 ofway line of said State Road 50 forthe POINT OF BEGINNING: thence run Southj 89
Degrees 06 Minutes 32 Seconds East along said right of way line a distance of 60.00 feet tb a
point on the east line of a 60 foot ingress-egress easement as recorded in Official Records Book
798, Page 871 of the Public Records of Lake County, Florida; thence departing said right of v~ray
line run South 00 Degrees 53 Minutes 28 Seconds West along the east line of said ingrelss-
egress easement, 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 60.00 feet to the southeast corner of a Florida
Department of Transportation Water Retention Area as recorded in Official Record Book 5~1,
Page 1222 of the Public Records of Lake County, Florida; thence North 00 Degrees 53 Minu~es
28 Seconds East along the east line of said Water Retention Area, a distance of 325.00 fee to
the POINT OF BEGINNING.
CONTAINING: 19,500 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 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 tf~e
F.D.O.T. fail to approve any new construction or relocation of facilities by the City ~r
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 witlh
reimbursement rights.
3. The City shall have a reasonable right to enter upon the lands described herein fqr
the purposes outlined in Paragraph 1 above, including the right to trim such tree,
PARCEL NO. 800.3R
SECTION 11070
F.P. NO. 238429 4
PAGE 3
brush, and growth which might endanger or interfere with such facilities, provi ed
that such rights do not interfere with the operation and safety of the F.D.O.~".'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.
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 NAM
STATE OF FLORIDA
COUNTY OF VOLUSIA
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 Board,
the day and year aforesaid.
Signed, sealed and delivered in
the presence of: Two witn ses
re d by Florida w
I NATURE LINE ~ n e ' r~~ n n rY
P~ I N /T E NAM E. ~ (~QJ
GN URE LIN
PRINT/ PE NA ~e_ p
CITY OF CLERMONT, FLORIDA,
By Its Board of City
Commissioners
ByT, _ ~~«~--~
Its
(or
A
STATE OF FLORIDA
COUNTY OF ~ ~K ~
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:
Clerk (c~ Deputy Clerk)
/
PARCEL NO. 800.3R
SECTION 11070
F.P. NO. 238429 4
PAGE 4
5'T
The f r gsjtZy~nstrum nt was acknowledged before me this ~ day of d' ~~ , by
~/1 ~D~~ /Gr.,e/% ~~~ ,Chairperson (orVice-Chairperson), who ' personally know o me orwho has
produced as identifyC~tion. _ ~
PRINT/TYPE NAME: j~~.G,J Li ~)• .ISI GCXw~bI r1
Notary Public in and for the
County and State last ttt~ """""""""'-"` `~
KI O. BLgCKAAUN
My Commission Expir s: ~~w~, C mmM DD0335+Ob
Serial No., if any: ~ e,~..+or~+noo
^`~ Fwnda Notay Msn., r,e
l
i
NNMMMMN~N~NN~NN~~N