HomeMy WebLinkAboutSeminole Utility Company Subordination of City Utility Interests -2004 04 05t
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