HomeMy WebLinkAboutFlorida Department of Transportation Subordination of Easement 2004 04 05
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23-UTLOh09/01
October 30, 2003
This instrument prepared by
LYNN W. BLAIS
Under the direction of
GEORGE S. LOVETT, ATTORNEY BOOK (\5~~3_PAG~~
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
SUBORDINATION OF CITY UTI~ITY INTERESTS
~ ~ . 2004,
THIS AGREEMENT, entered into this S day of
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.
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
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 heretp, 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."
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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 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
Vfi th ,. ~the S,o.uth, ..line of the Northeast 1/4 of the Northwest 1/4. of . '
saidS~ction 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" We~t; 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 41025' 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 10033' 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 2.6.92 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
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non-tangent bearing o'f 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
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INSTRUMENT DATE FROM TO O.R.
BOOK/PAGE
Sewage 8-30-89 City of Oviedo, Seminole Utility 2101/1820
Coliection Florida Company, Inc.
PROVIDED that the City has the following rights:
l. 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 requi,re 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 aboveJ including the right to trim such trees,
brush, and growth which might endanger or interfere with
such facilities, provided that such rights do not
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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 inderrmify 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: ~~.h
Noranne B., Downs, P.E.,
PRINT / TYPE NAME: NA IV'1. l( }v IHv fJ R'I District Director
~ ' Of Production
for District Five
. ~~\k \~
SIG ~TURE L-INE 719 S. Woodland Blvd.
PRINT/TYPE NAME: · DeLand, Florida 32720
Approved as to Form,
Leg~litY ~n:
BY:'I L
Y District Counsel
STATE OF FLORIDA
COUNTY OF VOLUSIA
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The instrument was ;:knowledged before me this ~
day of . ,~(J, by Noranne B{Downs, P.E.,
District ector of Production for District Five, wh is personally
known to me r who has produced as
identifica on.
NFME:~y9'X~ Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
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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 CITY OF WINTER SPRINGS,
FLORIDA,
the presence of: Two witnesses By Its Board of , City
reqqired by Florida Law Commis io rs ), /Ju,~
if ..
I .l&-LO~
\' tl-tA- By:
ATURE LINE ~~ Joh ,
NT/TYPE. NAME:,JOOY\ L. Jjro u) r\ Mayor
1126 E. S.R. 434
, ~~?~ Winter SP~3~
S ATURE LINE ~ ~ \ \~4..\~~ ATTEST: /
PRINT /TYPE NAME:::S- ~Y'\' t.~ Deputy City Clerk
. . - ...... - -~ . Debra Franklin ,.,
STATE OF FLORIDA
COUNTY OF 6:0'-'t(I0()~
The foregoing ins3rument was acknowledged before me this
c20~ day of ~k.--c+V1 . ,2004, by John F. Bush, Mayor, who is
~rsonally known,=::==> to me or who has produced
-" as identificatio L(
,'..
NT/T AME "-AN~n-t..'l\. l:0I~- lAA.~
Notar ublic in and for ,the
Cou ty and State last afo.res~"/'"
M C . . E:#!J Andrea Lorenz~
y OmmlSS10n Xp' .: C'j ;--00209""0
. ." My emmSSIElR
Serlal No., 1fan>lo,;1 iJiPI;8aM~C9.200~; ., . '
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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. 113.5 .... BOOKos~3 PAGE Ig~~
SECTION 77060
F.P. NO. 404525 1
STATE ROAD 426
COUNTY SEMINOLE
SUBORDINATION ,OF <;ITY, UTILITY INTERESTS
by THIS AGREEMENT, entered into this ~ ,day '~f " ~ ~ , 2004,
and between the STATE OF FLORIDA DEPARTMENT OF T SPORTATION,"
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
facilities relocated if necessary to prevent conflict between the
facilities so that the benefits of each may be retained.
NOW," THERE FORE, 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 .n . 0 . 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 lands described in Official
Records Book 4480, page 935 of the Public Records of
Seminole County, Florida,
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 89058' 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 :t:lon-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
, .
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
SI~~ By: 1-v-- l-,. ).
Noranne B. Downs, P.E.,
PRINT/TYPE NAME:!vJ9rJt,.y' Lf;J ivDIfZY District Director
~~~ ~~\-:~ ~-~~ . Of Production
for District Five
SIG TURE LINE 719 S. Woodland Blvd.
PRINT/TYPE NAME: Linda Underhill DeLand, Florida 32720
Approved
Legality
By:
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this ~~
day of ~. , 2004, by Noranne B. owns, P.E.,
District Dl~ector of Production for District Five, who .s personally
known to me or who has produced ,''''''.. as
identificat on. [~i:~~ MYCOMMISSION#DD202439
~"" . :Ii EXPIRES: May 29, 2007
"~fif.,Th~~ BondedThIlJ Notary Public Underwriters
NPME~9';;(~ PRINT/TYPE
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 CITY OF WINTER SPR-INGS"
FLORIDA,
the presence of: Two witnesses
re uired by Florida Law ) /1 . .~
'l/ ,~~i . 7-. /~4
I NATURE LINE :]I ayor John F. Bush
PINT/TYPE NAME. · 0Ci.f\ lJSrou..J0-.. 112 E. S.R. 434
~~ \>~ Winter Sprhgsl/FL Jr70B
S NATURE LINE _. . ATTEST: Jj'lfjilid-dAv/~~
PR NT/TYPE NAME:0C.T\'~~ ~e...\\~~,.:n-u.
Deputy City Clerk
STATE OF' FLORIDA Debra Franklin
COUNTY OF SEMINOLE
^IA~he foregoigg instrument was acknowledged before me this
~ ~ ~.=-_,_ day of ;(ctloJ:A.Al1 ' 2004, by Jo~n F. Bush, Mayor, who is
~rsonalJ:-y koown--::::::::;to me or who ha \ produced
as identification. \
PRIN /TY.
Notar lic in and for the
Cou y and State. last,~t\f,QiJi~~~Wace$
My Commission EXPir~~ . MyCommlssionD0209870
Serial No., if any: '\--;,,;.7 ExptresMay09.2007
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R E SOLUTION 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 he-st '-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 bf Florida Department
of Transportation, and said request having been duly considered.
NOW THERE FORE, 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.
CITY OF WINTER SPRINGS, FLORIDA
ATTEST:
-:)- ~
1126 East S. R. 434
Winter Springs, FL 32708
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STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that the foregoing is a true copy of a
Resolution adopted by the Board 0 City Commissioners of Winter
Springs, Florida, at a meeting hel 0 the 2yd day of February,
2004.
Ci lerk
ndrea Lorenzo-Luaces
Winter Springs, Florida
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oA,,"". Go", $ ~.~ + ;).o-J-j
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FLORIDA DEPARTMENT OF TRANSPORTATION
JEB BUSH 719 S. Woodland Blvd MS 2-546 JOSE ABREU
GOVERNOR DeLand, FL 32720-6834 SECRETARY
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 PRO] ID 404525 1
County . Seminole'"' .. . .
State Road 426
FAP# N/A
Document #1
From Mitchell Hammock Road to Pine Street
Dear Mr. Lockcuff:
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,
~u<-' ~. vJ~& tL-
Staci L Weddle
District Utility & Consultant Manager
slw
Enclosure
cc: George Lovett - District Right of Way Administrator MS 1-551
Vinnie Lavallette, TEE
www.dot.state.fl.us