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HomeMy WebLinkAboutFlorida Department of Transportation Subordination of City Utility Interests 1993 10 14 23-UTL.04-06/93 August 30, 1993 This instrument prepared by PARCEL NO. 111.4R ALICIA CREW SECTION 77070-2516 under the direction of STATE ROAD 434 GEORGE S. LOVETT, ATTORNEY COUNTY: SEMINOLE Department of Transportation 719 South Woodland Boulevard Deland, Florida 32720 i SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into, this � day of ))a , 199,9 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the F.D.O.T. , and CITY OF WINTER SPRINGS, hereinafter called City. 1 N I T N E S S E T H: WHEREAS, the City presently has an interest lb certain lands that have been determined necessary for highway purposes; and i. WHEREAS, the proposed use of these lands for highway purposes will require subordinatioA 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. Ill SECTION 77070-2516 A part of Lot 26 and all of Lot 27, Block D, D. R. Mitchell's Survey of the Levy Grant according to the plat thereof as recorded in Plat Book 1, page 5 of the Public Records of Seminole County, Florida, being more particularly described as follows: BEGIN at the Southwest corner of said Lot 27; thence run North 83057106" East along the south line of said Lots 27 and 26 a distance of 1141.57 feet; thence, departing said south line, North 06000140" West 614.95 feet; thence North 83058152" East 112.93 feet to the West line of a public road dedicated to the City of Winter Springs, Florida, O.R. Book 2289, page 212, Public Records of Seminole County, Florida; thence North 06001108" West along said West line 50.00 feet to the beginning of a curve concave Southerly, having a radius of 50.00 feet and a chard bearing of North 70004120" East; thence Northeasterly along the arc of said curve through a central angle of 152010155" a distance of 132.80 feet to a point of reverse curve concave Northeasterly, having a radius of 25.00 feet and a chord bearing of South 64055141" East; thence Southeasterly along the arc of said curve through a central angle of 62010155" a distance o 27.13 feet for the end of said curve; thence North 83058152" East 332.24 feet along the North line of said public road to the beginning of a curve concave Northwesterly, having a radius of 25.00 feet and a chord bearing of North 2805311711 East; thence Northeasterly along the arc of said curve through a central angle of 110011'10" a distance of 48.08 feet to a point on the Westerly existing right of way line of State Road 434 for the end of said curve and the beginning of a curve concave Easterly, having a radius of 853.29 feet and a chord bearing of North 24046158" West; thence Northerly along the arc of said curve through a central angle of 02050140" a distance of 42.36 feet for the end of said curve; thence continuing along said existing Westerly right of way line North 23031138" West 262.84 feet to the North line PAGE 2 PARCEL NO. 111.4R SECTION 77070-2516 of said Lot 26; thence South 8400914111 West along said North line 1157.64 feet to the Northwest corner of said Lot 26 (Northeast corner of said Lot 27) ; thence South 8500413411 West along the North line of said Lot 27 a distance of 499.36 feet to the West line of said Lot 27; thence South 0701613511 East along said West line 1013.59 feet to the Point of Beginning. CONTAINING 30.735 Acres, more or less. This legal description prepared under the direction of: C. E. Hemby, P.L.S. 13799 Florida Department of Transportation 719 South Woodland Boulevard DeLand, Florida 32720 RECORDED INSTRUMENT DATE FROM TO O.R. I BOOK/PAGE Easement 10-20-88 Suda, Inc. City of Winter 2012/729 Springs 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 deperibed 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. PAGE 3 PARCEL NO. 111.4R SECTION 77070-2516 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 STATE Ci FLORID DEPARTMENT in the presence of witnesses: OF TRX�N ORTAT - -v�-�-•. B : y, bber H. Cort6 you, P.E. District Dire or of Production � A 4 ,� �,_ for District Five 719 S. Woodland Blvd. DeLand, Florida 32720 Approved as to Form,. Legality a d Execu 'on: By: " fir, strict counsel STATE OF FLORIDA COUNTY OF VOLUSIA T e foregoing instrument was acknowledged before me this Z4� day of r 1993 , by Robert H. Cortelyoul P.E. , District Director of Production for District Five, who is personally known to me or who has produced as identification. Notary Public in and for the County and State last aforesaid. NANCY J. LANDRY 3* ?+= MY COMMISSION EXPIRES My Commission Expires: May-�.�•:..:_ Y 29, 1995 Serial No. , if any: BONDED TNRU NOTARY PUBLIC UNDERWRITERS V' PAGE 4 PARCEL NO. 111.4R SECTION 77070-2516 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 CITY OF INTER SPRINGS, FLORIDA, the presence of: (Two witnesses By It Bord o,_ ity Commissioners required by Florida Law) �a�.cy Vobr nik Phili A. Kulbes, Mayor Its chairperson 1 04 (or Vice-Chairperson) Margo H ins ✓�, ` ATTEST: „�: � x �. Mary T. Norton Nancy Vobo nik Clerk (or Deputy Clerk) argo pkis q " STATE OF FLORIDA COUNTY OF Seminole The foregoing instrument was acknowledged before me this day of .a ItD , 199 3 , by Philip A. Kulbes , Chairperson (or Vice-Chairperson) , who is personallv known to me or who has produced aspidentification. Margo M. Hopkins Philip A. Kulbes, Mayor Notary Public in and for the City of Winter Springs County and State last aforesaid. 1126 East S. R. 434 My Commission Expires: Winter Springs, FL 32708 Serial No. , if any: NOTARY PUBLIC;STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES AUGUST 27,1994 BONDED THRU AGENT'S NOTARY BROKERAG8 00 0 - -H U 44 0 z lw En ❑ 0 41 0) 0 .,q 41 LL 00 a) 4J 0 -H 4-1 a •rj 0 0 IH " co 4a p4 —1 o u C, ^ O 0 -H 0 z 4-4 44 -A 0 cr Cc ir 0 of 44 4J CL LU 0 41 :11 0 V)0 w 0 0 p I� .,j <LL z CC (6 0 w (D w LLI 0 0) u X�0) C.) p 41 'o c 4 0 Z wIt cl Q. 0 4.1 w 3 (1) P� M� Ln �4 0 U) 0 44 u ra p cd o w w w 41 j 4-J LL 0 z 4J 4.j pl, 41 >4 41 0 0 -r-i rq 41 w W 44 u ca 44 41 0 >1 'o 4 w 41 lw p 0 z p 4 0 a) k 0 H F-I En w (V P� bo 0 p 0 0 0 co (v u (u .,4 rn 4 I'm 14 wo F-I "Ci 4J �4�4 0 41 0 OE RESOLUTION NO. 718 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, REGARDING CERTAIN EASEMENT RIGHTS NOW OWNED BY THE CITY OF WINTER SPRINGS, BE SUBORDINATE TO THE RIGHTS OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; PARCEL NO. 110.4R; SECTION 77070-2516; STATE ROAD 434 SEMINOLE COUNTY, FLORIDA; CONFLICTS AND EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation purposes to construct or improve State Road No. 434, Section NO. 77070-2516, in Seminole County, Florida; and WHEREAS, it is necessary that certain easement rights now owned by City of Winter Springs', 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 utik'fty interest, or interests, in favor of the State of Florida Department of Transportation, and said request having been duly consi�dpred. Y NOW THEREFORE, 4BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MINTER SPRINGS, FLORIDA, THAT: SECTION I - 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 City of Winter Springs, Florida, should be drawn and executed by this Board of City Commissioners. Consideration shall be $ 1.00, SECTION II - Be it further resolved that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at Tallahassee, Florida. SECTION III - All resolutions or parts of resolutions in conflict with this resolution are hereby repealed. SECTION IV - This Resolution shall take immediate effect upon its passage and approval. Passed and adopted this j ).g_day of 1993. CITY, F WINTER SPRINGS, FLORIDA PHILIP A.KILBES, MAYOR ATTEST: CITY _.,E�RK�F. ._ ... ._�.