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Home My WebLink About990-American Bronze IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNTY, FLORIDA. CASE NO.: 2000-CA-1910-13-L SEMINOLE COUNTY, a political subdivision of the State of Florida, Petitioner, vs. AMERICAN BRONZE FINE ART FOUNDRY, INC., et al., Defendant(s). PETITIONE~'S, SEMINOLE COUNTY, NOTICE OF DROPPING PART~ PLEASE TAKE notice that Petitioner, SEMINOLE COUI~TY, hereby strikes Defendant, CITY OF SANFORD (CITY), as a p~rty Defendant in this action as to Parcel Nos. 102, 111, and 112. CITY is named in this action by virtue of: A~ TO PARCEL NO. 102~ Water Service agreement dated July 5, 1973, in favor of City of Sanford, as recorded in Official Records Book 994, Page 0546, Public Records of Seminole County, Florida. AS TO PARCEL NOS. 111 ~ 112 Easement dated December 5, 1962, and Water Service Agreement dated August 2, 1974, in favor of the City of Sanford, as recorded in Official Records Book 434, Page 474, and Official Records Book 1030, Page 1217, respectively, Public Records of Seminole County, Florida. CITY was served with County Sheriff on have entered into process of service by the Seminole October 23, 2000. SEMINOLE COUNTY and CITY a Subordination Of Utility Interests Agreement dated July 22, 2003, and recorded at Official Records Book 04949, Page 1689, Public Records of Seminole County, Florida. Accordingly, Petitioner hereby strikes CITY as a party Defendant as to parcel Nos. 102, 111, and 112 pursuant to Florida Rules of Civil Procedure 1.250, in that it is not longer a necessary or property party in this action. DATED this /~F;~day of August, 2003. By: ROBERT A. McMILLAN County Attorney for Seminole County, Florida Florida Bar No. 0182655 Seminole County Services Bldg. 1101 East First Street Sanford, Florida 32771 Telephone: (407) 665-5736 Facsimile: (407) 665-5749 Attorney for Seminole County HENRY M. BROWN Assistant County Attorney Florida Bar No. 0760455 CERTiFiCATE OF SERV~C~ I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished to the addressees named below by U.S. Mail this /~day of August, 2003. Mark R. Leavitt, Esq. P.O. Box 2346 Orlando, FL 32802-2346 Attorney for Defendant, American Bronze Fine Art Foundry, Inc. William E. Reischmann, Jr., Post Office Box 4848 Sanford, FL 32772-4848 Attorney for Defendant, City of Sanford Esq. I. Ed Pantaleon, Esq. 300 South Orange Avenue Suite 1000 Orlando, FL 32801-3373 Attorney for Defendant, Humphrey Realty Corp. ROBERT A. McMILLAN County Attorney for Serainole County, Florida Florida Bar No. 0182655 Seminole County Services Bldg. 1101 East First Street Sanford, Florida 32771 Telephone: (407)' 665-5736 Facsimile: (407) 665-5749 Attorney for Seminole County HENRY M. BRO~ Assistant County Attorney Florida Bar No. 0760455 EAST O D FLORIDA 32771-!46a TELEPHONE (407) 6,55-7254 FAX (407) 665-7259 August 18, 2003 William E. Reischmann, Jr., Esq. Post Office Box 4848 Sanford, FL 32772-4848 Re: East Lake Mary Boulevard Segment I Seminole County v. Ame/fcan B~nze Art Foundry,/nc., et al Case No. 2000-CA-!910~I3~L'.?~ ,':: · Dear Mr. Reischmann;,,:~,.,,, , . :' . · Provided for your file, is a certified copy of the Subordination Agreement between The City of Sanford and Seminole County. A "Notice Of Dropping Party" will be forthcoming striking your client as a party defendant in the above- referenced case: If I can be of further assistance, do not hesitate to contact me. Sincerely yours, Debra R. Edge Legal Assistant Enclosure Subordination Agreement P:\USERS~CADE01'~MY DOCUMENTS\LTR~:~EISCHMANN SANFORD SUBORDINATION RETURN.DOC .SU~ORD~/N~A_TION OF UTILITY iI~TERESTS THIS AGREEFfESIT, entered into this __3~ day of _~7-~/~ ., 2003, by and bet%.3cer THE CITY OF SA~!FOi~D whose address is 300 ~orth Park Avenue, Eanford, Florida 32771, hereinafter referred to as "CITY," and SE/~iNOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Sel-vices Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as the "COUNTY." ~ I T N E S S E T It: WI~EREAS, the Ci~Y presently has an interest in certain lands that have been ~etermined necessary for use as right~of-way for additional traffic lanes and improved drainage facilities on East Lake Mary Boulevard, Segment I; and WHEREA~, the proposed use of these lands for use as right- of-way for additional traffic lanes and improved drainage facilities purposes on East Lake Mary Boulevard, Segment I, will require subordination of the interest claimed in such lands by the CITY to the COUNTY; and WHEREAS, the COUNTY 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, the CITY and the COUNTY agree as follows: THE CITY subordinates any and all of its interest in the lands described as follows: PARCEL NO. 102 EAST LAKE MARY BOULEVARD SEGMENT I FEE SIMPLE A part of the property described in Official Record Book 1062, page 454, Official Record Book 1062, page 455 and Official Records Book 1200, page 1516 as recorded in the Public Records of Seminole County, Florida being that portion of Section 7, Township 20 South, Range 31 East of Seminole County, Florida, described as follows: Commencing at the Southwest corner of Section 7, Township 20 South, Range 31 East as shown on the Florida Department of Natural Resources Certified Corner Records Documents No. 0034544; thence run N00°17'43#W along the West line of said Section 7 a distance of 1324.27 feet to the Southwest corner of the Northwest 1/4 of the Southwest 1/4 of said Section 7; thence run N89°46,28,,E along the South line of said Northwest 1/4 of the Southwest 1/4 a FILE NUM 200~1~5858 OR BOOK 04949 PAGE distance of 713.30 feet; then:e departing said South line of said Northwest 1/4 of the Southwest 1/4 rwn ~00°13,32-W a distance cf 40.00 feet tc a point on the North right of w;y line of East Lake Mary Boulevard (formerly Silver Lake Drive) as recorded in Official Record Book 424, page 531 of the Public Records of Seminole County, Florida, said point also being the Point of Beginning; thence run N00°13,32-W a distance of 5.00 feet; thence tull N85°37,04#E a d~istance of 344.91 feet; thence run S00°13,32-E a lstance of 30.00 feet to a point on said North right of way line; thence run S89°46'28"W a distance of 344.00 feet to the Point of Beginning. Containing 6020 square feet, more or less. Parcel I.D. i{o. 07-20-31-300-017F-0000 PARCEL NO. 111 EAST LAKE MARY BOULEVARD SEGMENT I FEE SIMPLE A part of the property described in Official Record Book 1031, page 753 as recorded in the Public Records of Seminole County, Florida being that portion of Section 7, Township 20 South, Range 31 East of Seminole County, Florida, described as follows: Commencing at the Southwest corner of Section 7, Township 20 South, Range 31 East, as shown on the Florida Department of Natural Resources Certified Corner Records Document No. 0034544; thence run N00°17'43"W along the West line of said Section 7 a distance of 1324.27 feet to the Southwest corner of the Northwest ~ of the Southwest ¼ of said Section 7; thence run N89°46,28E along the South line of said Northwest ~ of the Southwest ~ a distance of 50.00 feet; thence departing said South line of said Northwest ¼ of the Southwest ¼ run S00°17,43"E a distance of 40.00 feet to a point on the South right of way line of East Lake Mary Boulevard (formerly Silver Lake Drive) as recorded in Official Record Book 424, page 531 of the Public Records of Seminole County, Florida said point also being on the East right of way line of Sanford Avenue as recorded in Official Record Book 1031, page 754 of the Public Records of Seminole County, Florida for the Point of Beginning; thence run N89°46'28"E along said South right of way line of East Lake Mary Boulevard (formerly Silver Lake Drive) a distance of 1171.20 feet; thence departing said South right of way line run S00°17'43"E a 2 1~90 FILE NUM 2003135858 OR BOOK 04949 PAGE I69! distance cf 6.00 feet; theuce run S89°46'28"W a distance of 181.82 feet; thence run S84°45'07"W a distance of 61~.81 feet; thencc ~'~ S89°46'28''W a distance ct ?'/~.88 feet to a L::i~~ on said East right of way line of Sanford Avenue; thence run N00°17'43"W a distance of 60.00 fec~ to the Point of Beginning. Containing 1.0~ ncres, more or less. Parcel I.D. No. 07-20-30-300-017H-0000-01 PARCEL NO. 112 EAST LAKE }LARY BOULEVARD SE~MEIqT I FEE SIMPLE A part of the property described in Official Record Book 1678, page 1533 as recorded in the Public Records of Seminole County, Florida being that portion of Section 7, Township 20 South, Range 31 East of Seminole County, Florida, described as follows: Corsmencing at the Southwest corner of Section 7, Township 20 South, Range 31 East, as shown on the Florida Department of Natural Resources Certified Corner Records Document No. 0034544; thence run N00°17'43"W along the West line of said Section 7 a distance of 1324.27 feet to the Southwest corner of the Northwest ~ of the Southwest ~ of said Section 7; thence run N89°46'28"E along the South line of said Northwest ~ of the Southwest ~ a distance of 1221.20 feet; thence departing said South line of said Northwest ~ of the Southwest ~ run S00°17'43#E a distance of 40.00 feet to a point on the South right-of-way line of East Lake Mary Boulevard (formerly Silver Lake Drive) as recorded in official Record Book 424, page 531 of the Public Records of Seminole County, Florida said point being the Point of Beginning; thence run N89°46,28"E along said South right-of-way line a distance of 66.00 feet; thence departing said South right-of-way line run S00°17'43"E a distance of 6.00 feet; thence run S89°46'28''W a distance of 66.00 feet; thence run N00°17'43''W a distance of 6.00 feet to the Point of Beginning- Containing 395 square feet, more or less. Parcel I.D. No. 07-21-30-300-017P-0000 To the interest of the COUNTY, its successors, or assigns, for the purpose of constructing, improving, maintaining and operating a road, including drainage facilities, over, through, upon, and/or 3 FILE NUM 2003135858 OR BOOK 04949 PAGE 1692 across such lands, including, but not limited to, the claim of interest based on the following: NATURE Or FRO~I OH EECO~RDED ~NCU~RAiqCE DATE AGAINST IN FAVOR OF BOOK/PAGE Water August Cardinal City of Book 1030 Service 2, 1974 Industries, Sanford Page 1217 Agreement Inc. Parcel and Nos. 111 Easement and 112 NATURE O~ I FROM O~ RECORDED ENCUMBPJ~;C~ DATE AGAIN£~ iN FAVOR OF BOO~/BAG~ iWater July 5, Lake Monroe City of Book 0994 Service 1973 Industries, Sanford Page 0546 Agreement Inc. Parcel No. and 102 Easement PROVIDED that the CITY has the following rights: 1. The CITY shall have the right to construct, operate, maintain, remove, and relocate facilities on, within, and upon the lands described herein. Any new construction or relocation of facilities within the lands will be subject to prior approval by the COUNTY's Engineer. 2. 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 COUNTY's facilities. 3. The CITY agrees to repair any damage to COUNTY facilities resulting from the CITY exercising its rights outlined in Paragraphs 1 and 2 above. 4. Should the COUNTY require the CITY to alter, adjust~ or relocate its facilities located within said lands, the COUNTY hereby agrees to pay the cost of such alteration, adjustment or relocation. SIGNATURES CONTINUING ON PAGE 4 FILE NUN 2003135858 OR BOOK 04949 PAGE 1693 BRADY LESSA~, MAYOR Approved as to form and Legal sufficiency. City A~Q~.ey ;.,,,, '-*" ~ ~'".' ', :~u~ t~ t~ ~oard of ~y ¢o~ioffers of ',~le ~ty,..' Florida. 5 ~3 ....... ' ' .' Fo~,.t~e ~se.-and reliance of Se~i~ County only. Approved a~ to form and BOARD OF COUNTY COm~SSXON~S S~NO~.E ~rY, FLORIDA By: ~~~--~ DARYL G. McLAIN, Chairman Date: legal su f fic..iency~ ~ As authorized for execution by the Board of County ,Commis- sioners at their -~ ~F/ , 2003, regular meeting/ ~