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
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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. ._ ... ._�.