R-07-1518CITY OF CLERMONT
RESOLUTION
NO. 1518
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT APPR VING
THE SUBORDINATION OF CITY UTILITY INTEREST FOR PARCEL NO. 102.5 AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation proposes to construct or improve
State Road No. 25/L7S 27, Section No. 11070, F.P. No. 238429 3, 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 sa City to
execute and deliver to the State of Florida Department of Transportation a subordination of utility i terest, 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 Clermontb Florida,
that the application of the State of Florida Department of Transportation for a subordination bf 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 fo~{thwith 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 27th DAY OF FEBRUARY 2007.
ATTE
Tracy Ac oyd, City Clerk
CITY OF CLERMONT
Harold S. Turville, Jr., Mayor
r t ,
23-1.1TL04-09/01
December 29, 2006
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. 102.5
SECTION 11070
F.P. NO. 238429 3
STATE ROAD 50 ~J~ °~!
COUNTY LAKE
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this ~ ~J day of oo by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPOR ATIO , hereinaftercalled the
F.D.O.T., and CITY OF CLERMONT, FLORIDA, 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:
PARCEL NO. 102
SECTION 11070
F.P. NO. 238429 3
"Begin at the Northwest corner of Lot 36, as shown on the Plat of Lake View
Heights Subdivision, Section One, as recorded in Plat Book 12, Page 83, of the
Public Records of Lake County, Florida; thence run North 88°32'17" East, along
the North line of said Lot 36, a distance of 5.00 feet; thence run South 01°27'43"
East, 223.81 feet to a point on the Northerly Right-of-Way line of State Road No.
50; thence North 75°02'20" West, along said Right-of-Way line 75.79 feet; thence
North 60°48'54" West, along said Right-of-Way line, a distance of 113.86 feet;
thence North 14°40'15" West along said Right-of-Way line, a distance of 148.26
feet; thence departing said Right-of-Way line, run North 88°32'17" East 199.53
feet to the Point of Beginning."
BEING the lands as described and recorded in Official Records Book 2176, page
1579, Public Records of Lake County, Florida.
•~
PARCEL NO. 102.5
SECTION 11070
F.P. NO. 238429 3
PAGE 2
RECORDED
INSTRUMENT DATE TO O.R.
BOOK/PAGE
Easement 1 /27/98 City of Clermont 1582/412
reserved in
Ordinance No.
325-M
PROVIDED that the City has the following rights:
The City shall have the right to construct, operate, maintain, improve, add ~o,
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 su'~h
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 faciliti s
within the lands will be subject to prior approval by the F.D.O.T. Should tie
F. D.O.T. fail to approve any new construction or relocation of facilities by the Cityj or
require the City to alter, adjust, or relocate its facilities located within said lands, tie
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.
~ 1
. ~ !.
PARCEL NO. 102.5
SECTION 11070
F.P. NO. 238429 3
PAGE 3
IN WITNESS WHEREOF, the F.D.O.T. hereto has executed this agreement on the dray
and year first above written.
Signed, sealed and delivered
in the presence of witnesses:
~~ a
SIG ATURE LINE
PRINT/TYPE NAME: a~l~`V ~ ~nrlr~~
SIGNAT LINE U i/
PRINT/T NAME: ~ n
STATE OF FLORIDA DEPARTM NT
OF TRANSP TATI~
By:
George . Lo ett, Attorney,
District Director Of
Transportation Development
for District Five
719 S. Woodland Blvd.
Deland, Florida 32720
Approved as to Form,
Legality and xecution:
By~~ ~ :~~-C'.~~-~
Dis`tri t Counsel
STATE OF FLORIDA
COUNTY OF VOLUSIA
~(J
The foregoing instrument was acknowledged before methis /~ day of ,i1 OG
by George S. Lovett, District Director of Transportation Development for District Five, wh is personally known to m~ r
who has produced as identification.
fQ,~:Y eG~;,,, NANCY J. LANDRY
• ~ MY COMMISSION # DD 202439
;., :'a EXPIRES: May 29, 2007
,•~P° ~~~`~ Bonded Thm Notary Public Undenvdtere
PRII~I'T/TYPE'1~4ME: /
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 witnesses
requiyed~by Ft'Qrida Law
SIGNATURE LINE n
PRINT/TYPE NAME: A~.~J ~~I~yLts>~,cJ
SI ATURE LINE
P T/TYPE NAME:_~C~SS~CO. +~~QV~ ~
STATE OF FLORIDA
COUNTY OF LAKE
~r
produced as identification.
~.
PRINT/T E NAME:
Notary ublic in and for the
.+..r.r County and State last aforesaid.
J'4NEwAapa My Commission Expires:
~~. P~~ MY COMMISSION # DD 809133 Serial No., if any:
' ~ ExPIt=iES: ~actifber 26, 2010
8or~ar.' i0ru N~tety PtibIIB ueEenvrtcAis
CITY OF CLERMONT, FLORIDA,
By Its Board of City
Commission
By:
Its Chairperson
(or Vice-Cha' person)
ATTEST: I
Clerk (or Deputy Clerk)
The foregoing instrument was acknowledged before me this~^ day ~ ~OD ~,, by
~ [O.~ `Tcory ~ 1 ~ C ,Chairperson (or Vice-Chairperson), who is personally known a or who has