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HomeMy WebLinkAbout2004 02 23 Consent 204 COMMISSION AGENDA ITEM 204 CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR February 23, 2004 Meeting MGR)4.- IDEPT ~ Authorization REQUEST: Utility Department Requesting Approval of Resolution #2004-08 authorizing the Mayor to execute Two Subordination of City Utility Interest Agreements with FDOT relative to the widening of S.R. 426. PURPOSE: The purpose of this Board item is to request Approval of Resolution #2004-08 authorizing the Mayor to execute Two Subordination of City Utility Interest Agreements with FDOT relative to the existing sanitary sewer line impacted by the widening ofS,R. 426, CONSIDERA TIONS: This resolution is needed for FDOT to widen S.R. 426 from Mitchell Hammock Road to Pine Street. The City owns existing sanitary sewer lines that serve the medical center across from the eastern end of Winter Springs Boulevard that are within additional right of way being acquired for the widening. The modifications are limited to a manhole adjustment, Costs associated with utility adjustments for utilities within the subordination area are paid for or reimbursed by FDOT, The two utility subordination agreements represent the interests the City acquired; 1) relating to the construction of sanitary sewer lines serving the medical center, 2) the sanitary sewer service area interests from Seminole Utility which the City purchased in 1990, Staff has verified that the legal descriptions for the subordination are limited to the area FDOT is acquiring of right of way, February 23, 2004 Consent Agenda Item 204 Page 2 FUNDING: No funding is required, fo':. ~;' ~i . Q:'/. ~{ , (. r r: l 8~ .~ ~~~~I ! k ! , j M Ii . (fl /fj ----1 &:l '-fo' l-----v <9 ,UTI ( ~r I( , RECOMMENDATION: It is recommended that Approval be granted for Resolution #2004-08 authorizing the Mayor to execute a Subordination of City Utility Interests Agreement with FDOT relative to existing sanitary sewer lines impacted by the widening of S.R. 426. IMPLEMENTATION SCHEDULE: The resolution and agreement will be forwarded to FDOT upon execution. ATTACHMENTS: 1, Resolution #2004-08 2. Subordination of City Utility Interests Agreement - Medical Center Easements 3, Subordination of City Utility Interests Agreement - Seminole Utility Company COMMISSION ACTION: Attachment No. 1 RES 0 L UTI 0 N 2004- 08 ON MOTION of Commissioner Commissioner was adopted: , seconded by the following Resolution WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 426, Section No. 77060, F.P. No. 404525 1, 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 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 Commissioners of City of Winter Springs, 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 City of Winter Springs, Florida, should be drawn and executed by the Mayor on behal f of this Board of City Commissioners. 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. CITY OF WINTER SPRINGS, FLORIDA ATTEST: JOHN F. BUSH, MAYOR CITY CLERK STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Conunissioners of Winter Springs, Florida, at a meeting held on the 23rd day of February, 2004. City Clerk Winter Springs, Florida Attachment No, 2 23-UTL04-09/01 October 14, 2003 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. SECTION F.P. NO. STATE ROAD COUNTY 113.5 77060 404525 1 426 SEMINOLE SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this day of 2004, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the F.D.O.T., and CITY OF WINTER SPRINGS, FLORIDA, hereinafter called City. WIT N E SSE T H: 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 facili ties 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. 113 SECTION 77060 F.P. NO. 404525 1 That part of: ~Tract B, TUSCAWILLA PLAZA, according to the Plat thereof, as recorded in Plat Book 35, Page 98, Public Records of Seminole County, Florida." Being a portion of the Records Book 4480, page Seminole County, Florida, lands 935 of described in Official the Public Records of Being described as follows: COMMENCE at an 80D Nail and Disk stamped "LB 5777", marking the West 1/4 corner of Section 16, Township 21 South, Range 31 East, Seminole County, Florida; thence South 890 53' 55" East along the South line of the Northwest 1/4 of said Section 16, a distance of 1,532.59 feet to the intersection of said South line with the centerline of survey of State Road 426, as shown on Florida Department of Transportation Right of Way Map, Section 77060, F.P. No. 404525 1; thence along said centerline of survey North 010 18' 27" West, a distance of 1,335.50 feet to the intersection of said centerline wi th the South line of the Northeast 1/4 of the Northwest 1/4 of said Section 16; thence departing said centerline North 890 58' 54" East, along said South line, a distance of 50.01 feet to a point on the Easterly existing right of way line of said State Road 426 said point also being the POINT OF BEGINNING; thence departing said South line, North 010 18' 27" West, along said Easterly existing right of way line, a distance of 167.74 feet to the point of curvature of a curve, concave Easterly, having a radius of 1,096.28 feet and a chord bearing of North 250 42' 46" East; thence, Northerly along the arc of said curve and said right of way line, through a central angle of 540 02' 26", a distance of 1,033.99 feet to the intersection of said curve and said right of way line with the West line of the East 1/2 of the Northeast 1/4 of the Northwest 1/4 of said Section 16; thence departing said curve and right of way line, South 000 39' 56" East, along said West line, a distance of 14.49 feet; thence departing said West line, South 520 54' 00" West, a distance of 77.40 feet to the point of curvature of a curve, concave Southeasterly, having a radius of 1,088.28 feet and a chord bearing of South 440 24' 39" West; thence, Southwesterly along the arc of said curve, through a central angle of 070 34' 31", a distance of 143.88 feet; thence departing said curve on a non- tangent bearing, South 270 16' 12" West, a distance of 73.68 feet; thence South 410 25' 55" West, a distance of 87.71 feet to the point of curvature of a non-tangent curve, concave Southeasterly, having a radius of 1,084.28 feet and a chord bearing of South 260 53' 22" West; thence, Southwesterly along the arc of said curve, through a central angle of 100 33' 41" , a distance of 199.87 feet; thence departing said curve on a non-tangent bearing, South 020 24' 46" West, a distance of 35.46 feet; thence South 580 04' 14" East, a distance of 26.92 feet; thence South 150 09' 26" West, a distance of 68.75 feet; thence North 890 47' 20" West, a distance of 26.31 feet; thence South 310 41' 44" West, a distance of 43.50 feet to the point of curvature of a non-tangent curve, concave Easterly, having a radius of 1,082.28 feet and a chord bearing of South 05055' 30" West; thence, Southerly along the arc of said curve, through a central angle of 140 27' 54", a distance of 273.23 feet; thence on a non-tangent bearing of South 880 41' 33" West, a distance of 4.00 feet; thence South 010 18' 27" East, a distance of 144.75 feet; thence South 200 31' 49" East, a distance of 24.77 feet to a point on the aforesaid South line of the Northeast 1/4 of the Northwest 1/4 of Section 16; thence South 890 58' 54" West, along said South line, a distance of 18.16 feet to the POINT OF BEGINNING. Containing 18,323 square feet, more or less. This instrument prepared under the direction of: Michael D. Platt, P.L.S. No. 4256 Consul-Tech Engineering, Inc. 2828 Edgewater Drive, Suite 200 Orlando, Florida 32804 RECORDED INSTRUMENT DATE FROM TO O.R. BOOK/PAGE Easement 12-7-95 Orlando Regional Health City of Winter Springs, 3002/1 073 Network, Inc. Florida Easement 7-24-97 " " 3270/1845 Develop-ment 7-18-96 Winter Springs " 3102/1274 Agrmt. Development Joint Venture 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. utili ty 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 provisions, with the exception with reimbursement rights. supersede any contrary of the provision herein 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~ ,_ ; I ",..~ t:': '. I . . 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 By: Noranne B. Downs, P.E., District Director Of Production for District Five 719 S. Woodland Blvd. DeLand, Florida 32720 SIGNATURE LINE PRINT/TYPE NAME: SIGNATURE LINE PRINT/TYPE NAME: Approved as to Form, Legality and Execution: By: District Counsel STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before day of by Noranne B. District Director of Production for District Five, who known to me or who has produced identification. me this Downs, P . E . , is personally as 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 Mayor of said Board, the day and year aforesaid. Signed, sealed and delivered in FLORIDA, the presence of: Two witnesses required by Florida Law CITY OF WINTER SPRINGS, By: SIGNATURE LINE PRINT/TYPE NAME: Mayor John F. Bush SIGNATURE LINE PRINT/TYPE NAME: ATTEST: City Clerk STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing day of personally known instrument was , 2004, to me or who as identification. acknowledged before me this by John F. Bush, Mayor, who is has produced PRINT/TYPE NAME: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Attachment No. 3 23-UTL01-09/01 October 30, 2003 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. SECTION F.P. NO. STATE ROAD COUNTY 113.3R 77060 404525 1 426 SEMINOLE SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this day of February, 2004, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the F.D.O.T., and CITY OF WINTER SPRINGS, FLORIDA, successor in interest to SEMINOLE UTILITY COMPANY, INC., hereinafter called City. WIT N E SSE T H: 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 facili ties 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. 113 SECTION 77060 F.P. NO. 404525 1 That part of: "Tract B, TUSCAWILLA PLAZA, according to the Plat thereof, as recorded in Plat Book 35, Page 98, Public Records of Seminole County, Florida." Being a portion of the Records Book 4480, page Seminole County, Florida, lands 935 of described in Official the Public Records of Being described as follows: COMMENCE at an 80D Nail and Disk stamped "LB 5777", marking the West 1/4 corner of Section 16, Township 21 South, Range 31 East, Seminole County, Florida; thence South 890 53' 55" East along the South line of the Northwest 1/4 of said Section 16, a distance of 1,532.59 feet to the intersection of said South line with the centerline of survey of State Road 426, as shown on Florida Department of Transportation Right of Way Map, Section 77060, F.P. No. 404525 1; thence along said centerline of survey North 010 18' 27" West, a distance of 1,335.50 feet to the intersection of said centerline wi th the South line of the Northeast 1/4 of the Northwest 1/4 of said Section 16; thence departing said centerline North 890 58' 54" East, along said South line, a distance of 50.01 feet to a point on the Easterly existing right of way line of said State Road 426 said point also being the POINT OF BEGINNING; thence departing said South line, North 010 18' 27" West, along said Easterly existing right of way line, a distance of 167.74 feet to the point of curvature of a curve, concave Easterly, having a radius of 1,096.28 feet and a chord bearing of North 250 42' 46" East; thence, Northerly along the arc of said curve and said right of way line, through a central angle of 540 02' 26", a distance of 1,033.99 feet to the intersection of said curve and said right of way line with the West line of the East 1/2 of the Northeast 1/4 of the Northwest 1/4 of said Section 16; thence departing said curve and right of way line, South 000 39' 56" East, along said West line, a distance of 14.49 feet; thence departing said West line, South 520 54' 00" West, a distance of 77.40 feet to the point of curvature of a curve, concave Southeasterly, having a radius of 1,088.28 feet and a chord bearing of South 440 24' 39" West; thence, Southwesterly along the arc of said curve, through a central angle of 070 34' 31", a distance of 143.88 feet; thence departing said curve on a non- tangent bearing, South 270 16' 12" West, a distance of 73.68 feet; thence South 410 25' 55" West, a distance of 87.71 feet to the point of curvature of a non-tangent curve, concave Southeasterly, having a radius of 1,084.28 feet and a chord bearing of South 260 53' 22" West; thence, Southwesterly along the arc of said curve, through a central angle of 100 33' 41", a distance of 199.87 feet; thence departing said curve on a non-tangent bearing, South 020 24' 46" West, a distance of 35.46 feet; thence South 580 04' 14" East, a distance of 26.92 feet; thence South 150 09' 26" West, a distance of 68.75 feet; thence North 890 47' 20" West, a distance of 26.31 feet; thence South 310 41' 44" West, a distance of 43.50 feet to the point of curvature of a non-tangent curve, concave Easterly, having a radius of 1,082.28 feet and a chord bearing of South 050 55' 30" West; thence, Southerly along the arc of said curve, through a central angle of 140 27' 54", a distance of 273.23 feet; thence on a non-tangent bearing of South 880 41' 33" West, a distance of 4.00 feet; thence South 010 18' 27" East, a distance of 144.75 feet; thence South 200 31' 49" East, a distance of 24.77 feet to a point on the aforesaid South line of the Northeast 1/4 of the Northwest 1/4 of Section 16; thence South 890 58' 54" West, along said South line, a distance of 18.16 feet to the POINT OF BEGINNING. Containing 18,323 square feet, more or less. This instrument prepared under the direction of: Michael D. Platt, P.L.S. No. 4256 Consul-Tech Engineering, Inc. 2828 Edgewater Drive, Suite 200 Orlando, Florida 32804 RECORDED INSTRUMENT DATE FROM TO O.R. BOOK/PAGE Sewage 8-30-89 City of Oviedo, Seminole utility 2101/1820 Collection Florida Company, Inc. 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 wi th the F. D.O. T. ' s curren t minimum standards for such facilities as required by the F.D.O.T. ,Utili ty Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities wi thin the lands will be subj ect 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 wi thin. 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 provisions, with the exception with reimbursement rights. supersede any contrary of the provision herein 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. 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 By: Noranne B. Downs, P.E., District Director Of Production for District Five 719 S. Woodland Blvd. DeLand, Florida 32720 SIGNATURE LINE PRINT/TYPE NAME: SIGNATURE LINE PRINT/TYPE NAME: Approved as to Form, Legality and Execution: By: District Counsel STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before day of " by Noranne B. District Director of Production for District Five, who known to me or who has produced identification. me this Downs, P.E., is personally as 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 Mayor of said Board, the day and year aforesaid. Signed, sealed and delivered in FLORIDA, the presence of: Two witnesses required by Florida Law CITY OF WINTER SPRINGS, By Its Board of City Commissioners By: John F. Bush, Mayor SIGNATURE LINE PRINT/TYPE NAME: SIGNATURE LINE PRINT/TYPE NAME: ATTEST: City Clerk STATE OF FLORIDA COUNTY OF The foregoing day of personally known instrument was , 2004, to me or who as identification. acknowledged before me this by John F. Bush, Mayor, who is has produced PRINT/TYPE NAME: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Ci J; ~. i' RES 0 L UTI 0 N 2004- 08 ON MOTION of Commissioner Edward Martinez, 'Jr. " seconded by Commissioner Sally McGinnis the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 426, Section No. 77060, F.P. No. 404525 1, 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 utility interest, or interests, in favor of the State of Florida Department of Transporta~ion, and said request having been duly considered. NOW THEREFORE, BE IT R.ESOLVED by the Board of City Commissioners of City of Winter Springs, 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 City of Winter Springs, Florida, should be drawn and executed by the Mayor on behalf of this Board of City Commissioners. 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. CITY OF WINTER SPRINGS, FLORIDA ATTEST: :;>~ ~ "t " STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY Resolution adopted by Springs, Florida, at a 2004. that the foregoing is a true copy of a the Board 0 City Commissioners of Winter meeting hel 0 the 23rd day of February, Winter Springs, Florida .' 23-UTLOI-09/01 October 30, 2003 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. SECTION F.P. NO. STATE ROAD COUNTY 113.3R 77060 404525 1 426 SEMINOLE SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this 23rd day of February, 2004, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the F.D.O.T., and CITY OF WINTER SPRINGS, FLORIDA, successor in interest to SEMINOLE UTILITY COMPANY, INC., hereinafter called City. WIT N E SSE T H: 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.G.T. is willing to pay to have the City's facili ties 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. 113 SECTION 77060 F.P. NO. 404525 1 That part of: "Tract B, TUSCAWILLA PLAZA, according to the Plat thereof, as recorded in Plat Book 35, Page 98, Public Records of Seminole County, Florida." -; Being a portion of the Records Book 4480, page Seminole County, Florida, lands described in Official 935 of the Public Records of Being described as follows: COMMENCE at an BOD Nail and Disk stamped "LB 5777", marking the West 1/4 corner of Section 16, Township 21 South, Range 31 East, Seminole County, Florida; thence South 890 53' 55" East along the South line of the Northwest 1/4 of said Section 16, a distance of 1,532.59 feet to the intersection of said South line with the centerline of survey of State Road 426, as shown on Florida Department of Transportation Right of Way Map, Section 77060, F.P. No. 404525 1; thence along, said centerline of survey North 010 18' 27" West, a distance of 1,335.50 feet to the intersection of said centerline wi th the South line of the Northeast 1/4 of the Northwest 1/4 of said Section 16; thence departing said centerline North 890 58' 54" East, along said South line, a distance of 50.01 feet to a point on the Easterly existing right of way line of said State Road 426 said point also being the POINT OF BEGINNING; thence departing said South line, North 010 18' 27" West, along said Easterly existing right of way line, a distance of 167.74 feet to the point of curvature of a curve, concave Easterly, having a radius of 1,096.28 feet and a chord bearing of North 250 42' 46" East; thence, Northerly along the arc of said curve and said right of way line, through a central angle of 540 02' 26", a distance of 1,033.99 feet to the intersection of said curve and said right of way line with the West line of the East 1/2 of the Northeast 1/4 of the Northwest 1/4 of said Section 16; thence departing said curve and right of way line, South 000 39' 56" East, along said West line, a distance of 14.49 feet; thence departing said West line, South 520 54' 00" West, a distance of 77.40 feet to the point of curvature of a curve, concave Southeasterly, having a radius of 1,088.28 feet and a chord bearing of South 440 24' 39" West; thence, Southwesterly along the arc of said curve, through a central angle of 070 34' 31", a distance of 143.88 feet; thence departing said curve on a non- tangent bearing, South 270 16' 12" West, a distance of 73.68 feet; thence South 410 25' 55" West, a distance of 87.71 feet to the point of curvature of a non-tangent curve, concave Southeasterly, having a radius of 1,084.28 feet and a chord bearing of South 26053' 22" West; thence, Southwesterly along the arc of said curve, through a central angle of 100 33' 41", a distance of 199.87 feet; thence departing said curve on a non-tangent bearing, South 020 24' 46" West, a distance of 35.46 feet; thence South 580 04' 14" East, a distance of 26.92 feet; thence South 150 09' 26" West, a distance of 68.75 feet; thence North 890 47' 20" West, a distance of 26.31 feet; thence South 310 41' 44" West, a distance of 43.50 feet to the point of curvature of a non-tangent curve, concave Easterly, having a radius of 1,082.28 feet and a chord bearing of South 050 55' 30" West; thence, Southerly along the arc of said curve, through a central angle of 140 27' 54", a distance of 273.23 feet; thence on a non-tangent bearing of South 880 41' 33" West, a distance of 4.00 feet; thence South 010 18' 27" East, a distance of 144.75 feet; thence South 200 31' 49" East, a distance of 24.77 feet to a point on the aforesaid South line of the Northeast 1/4 of the Northwest 1/4 of Section 16; thence South 890 58' 54" West, along said South line, a distance of 18.16 feet to the POINT OF BEGINNING. Containing 18,323 square feet, more or less. This instrument prepared under the direction of: Michael D. Platt, P.L.S. No. 4256 Consul-Tech Engineering, Inc. 2828 Edgewater Drive, Suite 200 Orlando, Florida 32804 RECORDED INSTRUMENT DATE FROM TO O.R. BOOK/PAGE Sewage 8-30-89 City of Oviedo, Seminole Utility 2101/1820 Collection Florida Company, Inc. 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 wi thin the lands will be subj ect 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 provisions, with the exception with reimbursement rights. supersede any contrary of the provision herein 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. 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 By: Noranne B. Downs, P.E., District Director Of Production for District Five 719 S. Woodland Blvd. DeLand, Florida 32720 SIGNATURE LINE PRINT/TYPE NAME: SIGNATURE LINE PRINT/TYPE NAME: Approved as to Form, Legality and Execution: By: District Counsel STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before day of by Noranne B. District Director of Production for District Five, who known to me or who has produced identification. me this Downs, P . E . , is personally as 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 Mayor of said Board, the day and year aforesaid. Signed, sealed and delivered in FLORIDA, the presence of: Two witnesses required by Florida Law (. . c&l/L- ;t L}~~LO'L/ ATURE L INE ~.~ NT / TYPE NAME :.J 0 W"I L.. -.py-.() ~11\ , ~~?~ S ATURE LINE PRINT /TYPE NAME::.r ~Y"\' t.~ ~ ~ \ \~d.\;"t) CITY OF WINTER SPRINGS, By Its Board of City Commis io rs J, /2. P' By: i /~ Mayor ATTEST:'~ ~ City Clerk STATE OF FLORIDA COUNTY OF ~0V(l/,.Jc)1--C The foregoigg ins3rument was acknowledged before me this ~~ day of 1~~~1 , 2004, by John F. Bush, Mayor, who is cpeisofially kn~ to me or who has produced as identificatio l, NT / T AME "-AN 'plk-'L\- 10l~:z:..J - w-A ~ Notar ublic in and for the Cou ty and State last afQresa.id. .,... .. JfJ"~"" Andrea Lorenzo-Lu3te9 My Commlsslon Exp. , ~ Serial No., if an'Jor,) ExplreliU~g8.2Qo~' .~ ' ' .,--..- 23-UTL04-09/01 October 14, 2003 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. SECTION F.P. NO. STATE ROAD COUNTY 113.5 77060 404525 1 426 SEMINOLE SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this 23rd day of February, 2004, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the F.D.O.T., and CITY OF WINTER SPRINGS, FLORIDA, hereinafter called City. WIT N E SSE T H: 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 facili ties 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. 113 SECTION 77060 F.P. NO. 404525 1 That part of: "Tract B, TUSCAWILLA PLAZA, according to the Plat thereof, as recorded in Plat Book 35, Page 98, Public Records of Seminole County, Florida." Being a portion of the Records Book 4480, page Seminole County, Florida, lands described in Official 935 of the Public Records of Being described as follows: COMMENCE at an 80D Nail and Disk stamped "LB 5777", marking the West 1/4 corner of Section 16, Township 21 South, Range 31 East, Seminole County, Florida; thence South 890 53' 55" East along the South line of the Northwest 1/4 of said Section 16, a distance of 1,532.59 feet to the intersection of said South line with the centerline of survey of State Road 426, as shown on Florida Department of Transportation Right of Way Map, Section 77060, F.P. No. 404525 1; thence along said centerline of survey North 010 18' 27" West, a distance of 1,335.50 feet to the intersection of said centerline wi th the South line of the Northeast 1/4 of the Northwest 1/4 of said Section 16; thence departing said centerline North 890 58' 54" East, along said South line, a distance of 50.01 feet to a point on the Easterly existing right of way line of said State Road 426 said point also being the POINT OF BEGINNING; thence departing said South line, North 010 18' 27" West, along said Easterly existing right of way line, a distance of 167.74 feet to the point of curvature of a curve, concave Easterly, having a radius of 1,096.28 feet and a chord bearing of North 250 42' 46" East; thence, Northerly along the arc of said curve and said right of way line, through a central angle of 540 02' 26", a distance of 1,033.99 feet to the intersection of said curve and said right of way line with the West line of the East 1/2 of the Northeast 1/4 of the Northwest 1/4 of said Section 16; thence departing said curve and right of way line, South 000 39' 56" East, along said West line, a distance of 14.49 feet; thence departing said West line, South 520 54' 00" West, a distance of 77.40 feet to the point of curvature of a curve, concave Southeasterly, having a radius of 1,088.28 feet and a chord bearing of South 440 24' 39" West; thence, Southwesterly along the arc of said curve, through a central angle of 070 34' 31", a distance of 143.88 feet; thence departing said curve on a non- tangent bearing, South 270 16' 12" West, a distance of 73.68 feet; thence South 410 25' 55" West, a distance of 87.71 feet to the point of curvature of a non-tangent curve, concave Southeasterly, having a radius of 1,084.28 feet and a chord bearing of South 260 53' 22" West; thence, Southwesterly along the arc of said curve, through a central angle of 100 33' 41" , a distance of 199.87 feet; thence departing said curve on a non-tangent bearing, South 020 24' 46" West, a distance of 35.46 feet; thence South 580 04' 14" East, a distance of 26.92 feet; thence South 150 09' 26" West, a distance of 68.75 feet; thence North 890 47' 20" West, a distance of 26.31 feet; thence South 310 41' 44" West, a distance of 43.50 feet to the point of curvature of a non-tangent curve, concave Easterly, having a radius of 1,082.28 feet and a chord bearing of South 050 55' 30" West; thence, Southerly along the arc of said curve, through a central angle of 140 27' 54", a distance of 273.23 feet; thence on a non-tangent bearing of South 880 41' 33" West, a distance of 4.00 ~i feet; thence South 010 18' 27" East, a distance of 144.75 feet; thence South 200 31' 49" East, a distance of 24.77 feet to a point on the aforesaid South line of the Northeast 1/4 of the Northwest 1/4 of Section 16; thence South 890 58' 54" West, along said South line, a distance of 18.16 feet to the POINT OF BEGINNING. Containing 18,323 square feet, more or less. This instrument prepared under the direction of: Michael D. Platt, P.L.S. No. 4256 Consul-Tech Engineering, Inc. 2828 Edgewater Drive, Suite 200 Orlando, Florida 32804 RECORDED INSTRUMENT DATE FROM TO O.R. BOOK/PAGE Easement 12-7-95 Orlando Regional Health City of Winter Springs, 3002/1073 Network. Inc. Florida Easement 7-24-97 " " 3270/1845 Develop-ment 7-18-96 Winter Springs " 3102/1274 Agrmt. Development Joint Venture 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. utili ty Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities wi thin the lands will be subj ect 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. 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 By: Noranne B. Downs, P.E., District Director Of Production for District Five 719 S. Woodland Blvd. DeLand, Florida 32720 SIGNATURE LINE PRINT/TYPE NAME: SIGNATURE LINE PRINT/TYPE NAME: Approved as to Form, Legality and Execution: By: District Counsel STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before day of , 2004, by Noranne B. District Director of Production for District Five, who known to me or who has produced identification. me this Downs, P . E . , is personally as PRINT/TYPE NAME: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: ~ . . t IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its Board of City Commissioners acting by the Mayor of said Board, the day and year aforesaid. Signed, sealed and delivered in FLORIDA, the presence of: Two witnesses re uired by Florida Law CITY OF WINTER SPRINGS, J C' l.. \&__Lu jl.j I NATURE LINE ----J . PINT /TYPE NAME:-- CUt, l7Br-OLl.J~ ~~~~ S NATURE LINE PR NT / TYPE NAME:"3" ~ Y"I ,t..~ ~ c... \ \~ ~,.......v ~~ ATTEST: f}AdaAJe-e.,~ City Clerk STATE OF FLORIDA COUNTY OF SEMINOLE ^IA~he foregoigg instrument was acknowledged before me this r) ~ "j- , day of IfaIoJ:.-LA/'--1- , 2004, by Jo~n F. Bush, Mayor, who is ~-rsonal~ kno~ to tme or who ~ar \ produced as identification. LJ~ PRIN /TY Notar blic in and for the Cou y and State la~t.,.~f,QiJi83~~luace$ My Commission EXPir~~ ': MyCommissionDD209870 Serial No., if any: "1,.~~1 ExplresMly09.2007 t 23-UTLO1-09/01 October 30, 2003 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. 113.3R SECTION 77060 F.P. NO. 404525 1 STATE ROAD 426 COUNTY SEMINOLE ~OK~~~~ PAGES. SUBORDINATION OF CITY UTILITY INTERESTS d, THIS AGREEMENT, entered into this 5 ~ day of - 2004, by and between the STATE OF FLORIDA DEPARTMENT OF T SPORTATION, hereinafter called the F.D.O.T., and CITY OF WINTER SPRINGS, FLORIDA, successor in interest to SEMINOLE UTILITY COMPANY, INC., hereinafter called, City. W I T N E S S E T H: 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. 113 SECTION 77060 That part of: F.P. NO. 404525 1 "Tract B, TUSCAWILLA PLAZA, according to the Plat thereof, as recorded in Plat Book 35, Page 98, Public Records of Seminole County, Florida." Being a portion of the lands described in Official Records Book 4480, page 935 of the Public Records of Seminole County, Florida, Being described as follows: COMMENCE at an SOD Nail and Disk stamped "LB 5777", marking the West 1/4 corner of Section 16, Township 21 South, Range 31 East, Seminole County, Florida; thence South 89° 53' 55" East along the South line of the Northwest 1/4 of said Section 16, a distance of 1,532.59 feet to the intersection of said South line with the centerline of survey of State Road 426, as shown on Florida Department of Transportation Right of Way Map, Section 77060, F.P. No. 404525 1; thence along said centerline of survey North O1° 18' 27" West, a distance of 1,335.50 feet to the intersection of said centerline with the South line of the Northeast 1/4 of the Northwest 1/4 of said Section 16; thence departing said centerline North 89° 58' 54" East, along said South line, a distance of 50.01 feet to a point on the Easterly existing right of way line of said State Road 426 said point also being the POINT OF BEGINNING; thence departing said South line, North 01° 18' 27" West, along said Easterly existing right of way line, a distance of 167.74 feet to the point of curvature of a curve, concave Easterly, having a radius of 1,096.28 feet and a chord bearing of North 25° 42' 46" East; thence, Northerly along the arc of said curve and said right of way line, through a central angle of 54° 02' 26", a distance of 1,033.99 feet to the intersection of said curve and said right of way line with the West line of the East 1/2 of the Northeast 1/4 of the Northwest 1/4 of said Section 16; thence departing said curve and right of way line, South 00° 39' 56" East, along said West line, a distance of 14.49 feet; thence departing said West line, South 52° 54' 00" West, a distance of 77.40 feet to the point of curvature of a curve, concave Southeasterly, having a radius of 1,088.28 feet and a chord bearing of South 44° 24' 39" West; thence, Southwesterly along the arc of said curve, through a central angle of 07° 34' 31", a distance of 143.88 feet; thence departing said curve on a non- tangent bearing, South 27° 16' 12" West, a distance of 73.68 feet; thence South 41° 25' S5" West, a distance of 87.71 feet to the point of curvature of a non-tangent curve, concave Southeasterly, having a radius of 1,084.28 feet and a chord bearing of South 26° 53' 22" West; thence, Southwesterly along the arc of said curve, through a central angle of 10° 33' 41", a distance of 199.87 feet; thence departing said curve on a non-tangent bearing, South 02° 24' 46" West, a distance of 35.46 feet; thence South 58° 04' 14" East, a distance of 26.92 feet; thence South 15° 09' 26" West, a distance of 68.75 feet; thence North 89° 47' 20" West, a distance of 26.31 feet; thence South 31° 41' 44" West, a distance of 43.50 feet to the point of curvature of a non-tangent curve, concave Easterly, having a radius of 1,082.28 feet and a chord bearing of South 05° 55' 30" West; thence, Southerly along the arc of said curve, through a central angle of 14° 27' S4", a distance of 273.23 feet; thence on a non-tangent bearing of South 88° 41' 33" West, a distance of 4.00 feet; thence South O1° 18' 27" East, a distance of 144.75 feet; thence South 20° 31' 49" East, a distance of 24.77 feet to a point on the aforesaid South line of the Northeast 1/4 of the Northwest 1/4 of Section 16; thence South 89° 58' 54" West, along said South line, a distance of 18.16 feet to the POINT OF BEGINNING. Containing 18,323 square feet, more or less. This instrument prepared under the direction of: Michael D. Platt, P.L.S. No. 4256 Consul-Tech Engineering, Inc. 2828 Edgewater Drive, Suite 200 Orlando, Florida 32804 RECORDED INSTRUMENT DATE FROM TO O.R. BOOK/PAGE Sewage 8-30-89 City of Oviedo, Seminole Utility 2101/1820 Collection Florida Company, Inc. 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 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. 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: SI NATU LINE PRINT/TYPE NAME:/VA~~`I /LANl~IR. ~(~ S I GNI~TURE L I NE PRINT/TYPE NAME :1 in..ln Ilw.•l~rl~lll STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By : ~Vun^, I~- Noranne B. Downs, P.E., District Director Of Production for District Five 719 S. Woodland Blvd. Deland, Florida 32720 Approved as to Form, Legality an Execution: By: District Counsel STATE OF FLORIDA COUNTY OF VOLUSIA The fo egoing instrument was day of _ ,~p~ District Di ector of Production for known to me r who has produced _ identifica 'on. NAME: ~' y~knowledged before me this .~ _, by Noranne B. Downs, P.E., District Five, wh~is personally 11 as ;~~r NANCY J.LANDRY *; :,~ MY COMMISSION # DD 202439 ~~'' ~~~ ea,a~Xrnm rEiaeMPuYc~' 2007 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 Mayor of said Board, the day and year aforesaid. Signed, sealed and delivered in FLORIDA, the presence of: Two witnesses required by Floridda Law ATURE LINE / NT/TYPE NAME:~~(~ ~ G~-c~'Y1 S ATURE LINE PRINT/TYPE NAME:S4r,~t~ Pq\\Qt~~,;,p CITY OF WINTER SPRINGS, By Its Board of pity Commis io r. s By : r . ~c~~'C Joh Bush, Mayor 1126 E. S.R. 434 Winter Spri s FL 32,70- 1 ATTEST: Deputy City Clerk Debra Franklin STATE OF FLORIDA COUNTY OF S='y`-~~1.~~-~~ The foregoing ins rument was ~~ da o f ~(~~:~-~-ti 1 2 0 0 4, ~ersorially known to me or who _ as identification Nota~~'ublic in and for the Cou~ity and State last afpr.eso-~ ..~• ~~ Andrea Lorenz My Commission Exp ~: S e r i a l No ., i f ar3~~w~ea-May.oa. ~ooi acknowledged before me this by John F. Bush, Mayor, who is has,. produced 23-UTL04-09/01 October 14, 2003 This instrument prepared by LYNN W. BLAI5 Under the direction of GEORGE S. LOVETT, ATTORNEY Department of Transportation 719 South Woodland Boulevard Deland, Florida 32720-6834 PARCEL NO. 113.5 SECTION 77060 F.P. NO. 404525 1 STATE ROAD 426 COUNTY SEMINOLE BOOK~;~, PAGE SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this ~ day of , 2004, by and between the STATE OF FLORIDA DEPARTMENT OF Z~~RTATION, hereinafter called the F.D.O.T., and CITY OF WINTER SPRINGS, FLORIDA, hereinafter called City. W I T N E S S E T H: WHEREAS, the City presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of will require subordination of the City to the F.D.O.T.; and these lands for highway purposes interest claimed in such lands by 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 N0. 113 SECTION 77060 F.P. NO. 404525 1 That part of: "Tract B, TUSCAWILLA PLAZA, according to the Plat thereof, as recorded in Plat Book 35, Page 98, Public Records of Seminole County, Florida." Being a portion of the Records Book 4480, page Seminole County, Florida, Being described as follows: lands described in Official 935 of the Public Records of COMMENCE at an 80D Nail and Disk stamped "LB 5777", marking the West 1/4 corner of Section 16, Township 21 South, Range 31 East, Seminole County, Florida; thence South 89° 53' S5" East along the South line of the Northwest 1/4 of said Section 16, a distance of 1,532.59 feet to the intersection of said South line with the centerline of survey of State Road 426, as shown on Florida Department of Transportation Right of Way Map, Section 77060, F.P. No. 404525 l; thence along said centerline of survey North Ol° 18' 27" West, a distance of 1,335.50 feet to the intersection of said centerline with the South line of the Northeast 1/4 of the Northwest 1/4 of said Section 16; thence departing said centerline North 89° 58' 54" East, along said South line, a distance of 50.01 feet to a point on the Easterly existing right of way line of said State Road 426 said point also being the POINT OF BEGINNING; thence departing said South line, North Ol° 18' 27" West, along said Easterly existing right of way line, a distance of 167.74 feet to the point of curvature of a curve, concave Easterly, having a radius of 1,096.28 feet and a chord bearing of North 25° 42' 46" East; thence, Northerly along the arc of said curve and said right of way line, through a central angle of 54° 02' 26", a distance of 1,033.99 feet to the intersection of said curve and said right of way line with the West line of the East 1/2 of the Northeast 1/4 of the Northwest 1/4 of said Section 16; thence departing said curve and right of way line, South 00° 39' 56" East, along said West line, a distance of 14.49 feet; thence departing said West line, South 52° 54' 00" West, a distance of 77.40 feet to the point of curvature of a curve, concave Southeasterly, having a radius of 1,088.28 feet and a chord bearing of South 44° 24' 39" West; thence, Southwesterly along the arc of said curve, through a central angle of 07° 34' 31", a distance of 143.88 feet; thence departing said curve on a non- tangent bearing, South 27° 16' 12" West, a distance of 73.68 feet; thence South 41° 25' 55" West, a distance of 87.71 feet to the point of curvature of a non-tangent curve, concave Southeasterly, having a radius of 1,084.28 feet and a chord bearing of South 26° 53' 22" West; thence, Southwesterly along the arc of said curve, through a central angle of 10° 33' 41", a distance of 199.87 feet; thence departing said curve on a non-tangent bearing, South 02° 24' 46" West, a distance of 35.46 feet; thence South 58° 04' 14" East, a distance of 26.92 feet; thence South 15° 09' 26" West, a distance of 68.75 feet; thence North 89° 47' 20" West, a distance of 26.31 feet; thence South 31° 41' 44" West, a distance of 43.50 feet to the point of curvature of a non-tangent curve, concave Easterly, having a radius of 1,082.28 feet and a chord bearing of South 05° 55' 30" West; thence, Southerly along the arc of said curve, through a central angle of 14° 27' 54", a distance of 273.23 feet; thence on a non-tangent bearing of South 88° 41' 33" West, a distance of 4.00 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: SIGN~TURE~LINE / PRINT/TYPE NAME :h/~9-~/c~,y/ ~ q l~,~ezy l r,. \ a. ~ ~ `4 SIGNATURE LINE PRINT/TYPE NAME: Linda Underhill STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION B y : `~~,,~, Lj- Noranne B. Downs, P.E., District Director Of Production for District Five 719 S. Woodland Blvd. Deland, Florida 32720 Approved as to Form, Legality an Execution: By: istrict Counsel STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this ,~~ day of ~, 2004, by Noranne B. owns, P.E., District Di ector of Production for District Five, who 's personally known to me or who has produced ,,,,,,,,, as identificat On. ,~~~ ,, MY COMMISSION#DD202439 tee= EXPIRES: May 29, 2007 ~;pg rk, ~ Bonded Thru Notary Public Under~rs NAME : i' , PRINT/TYPE Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: R E S O L U T I O N 2004- 08 ON MOTION of Commissioner Edward Martinez, Jr. seconded by Commissioner Sally McGinnis , the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 426, Section No. 77060, F.P. No. 404525 1, 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 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 Commissioners of City of Winter Springs, 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 City of Winter Springs, Florida, should be drawn and executed by the Mayor on behalf of this Board of City Commissioners. 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. ATTEST: CITY OF WIPdT~',R SPRINGS, FLORIDA JOHN BUSH, MAYOR 1126 East S. R. 434 Winter Springs, FL 32708 STATE OF FLORIDA COUNTY OF 5EMINOLE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board o City Commissioners of Winter Springs, Florida, at a meeting hel o~ the 23rd day of February, 2004. C~~Clerk ndrea Lorenzo-Luaces Winter Springs, Florida ~~ s c ~~- a- o- LI ~~ ,~ / P ~r ln.gr FLORIDA DEPARTMENT OF TRANSPORTATION JEB BUSH 719 S. Woodland Bivd MS 2-546 GOVERNOR Deland, FL 32720-6834 Fax (386) 740-4301 April 23, 2004 Mr. Kip Lockcuff, P.E. Director of Public Works City of Winter Springs 110 N. Flamingo Avenue Winter Springs, FL 32708 Re ~ FIN PROJ ID County State Road FAP# Document From Mitche Dear Mr. Lockcuff 404525 1 Seminole 426 N/A #1 11 Hammock Road to Pine Street JOSE ABREU SECRETARY Enclosed please find one original, executed and recorded copy of Parcel # 113.3R and 113.5, a subordination of easement on the above referenced project. If you have any questions, I can be reached at (386) 943-5250. Sincerely, Staci L. Weddle District Utility & Consultant Manager slw Enclosure cc~ George Lovett -District Right of Way Administrator MS 1-551 Vinnie Lavallette, TBE Jy vvww.dot.state.fl.us