527 FDOT/Commuter Rail Project
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CHARLIE CRIST 719 S. Woodland Blvd MS 2-546 STEPHANIE C. KOPELOUSOS g;
GOVERNOR DeLand, FL 32720-6834 SECRETARY 0
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December 8, 2008
Mr. Paul Moore
City of Sanford
300 North Park Avenue
Sanford, FL 32778
Re: FPN# 4129942
County Seminole
State Road Commuter Rail Project
Document #1
FAP# N/A
Central Florida Commuter Rail System Proj~ct
Dear Mr. Moore:
Enclosed please find one original, executed and recorded copy of Parcel # 505.SR, a subordination of easement on
the above referenced project.
If you have any questions, I can be reached at (386) 943-5250.
Sincerely,
=~u' Y;. N,(.shJt
Staci L. Nester
D5 Utilities Project Manager
sin
Enclosure
cc: Shirley Martin - District Right of Way Administrator MS 1-551
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23-UTL04-091O 1
October 13, 2008
This instrument prepared by
LYNN W. BLAIS
Under the direction of
FREDRICK W. LOOSE, ATTORNEY
Florida Department of Transportation
719 South Woodland Boulevard
DeLand, Florida 32720-6834
PARCEL NO.: 505.8R BOOK7097PAGEJ2'7/
SECTION
FP. NO.: 4129942
STATE ROAD CRT PROJECT
COUNTY SEMINOLE
SUBORDINATION OF CITY UTILITY INT~
THIS AGREEMENT, entered into this;1./ day of ~, 2 oC>~, by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the
F.D.OT, and CITY OF SANFORD, 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.OT; 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.OT agree as follows:
City hereby subordinates to the interest of F.D.OT, its successors, or assigns, any and all
of its interest in the lands as follows, viz:
PARCEL NO. 505 SECTION 77000
F.P. NO. 412994-2
That part of:
Tract "An, Riverview Townhomes, according to the Plat thereof recorded in Plat
Book 74, Pages 46-53, Public Records of Seminole County, Florida, lying north of
existing CSX Railroad.
Described as follows:
COMMENCE at the Northwest corner of Section 26, Township 19 South, Range 30 East,
Seminole County, Florida; thence South 00005'39" East along the West line of said Section 26 a
distance of 802.05 feet, to a point on the westerly existing CSX Railroad right of way line as
described in Deed Book 8, page 148 and Deed Book 170, page 269, Public Records of Seminole
County, Florida, for the POINT OF BEGINNING; thence continue South 00005'39" East along said
West line of Section 26 and said westerly existing Railroad right of way line 6.94 feet to a point on
the southerly line of Tract "A", Riverview Townhomes, Plat Book 74, Pages 46-53, said Public
Records, also being the north line of Lot 47 of the Plat of The Florida Land and Colonization
Company's Celery Plantation, Plat Book 1, Page 129, said Public Records; thence departing said
West line of Section 26 and said westerly existing Railroad right of way line, run South 89053'05"
West along said southerly line of Tract "A" and along said north line of Lot 47 a distance of 14.36
feet to a point on the northerly existing CSX Railroad right of way line as described in Deed Book
46, page 215, said Public Records, said point also being the westemmost corner of said Lot 47;
thence continue along said southerly line of Tract "A", run North 54032'23" West along said
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PARCEL NO. 505.8R
SECTION
F.P. NO. 4129942
PAGE 2
northerly existing Railroad right of way line 367.03 feet; thence departing said southerly line of
Tract "An and said northerly existing Railroad right of way line, North 35027'37" East 14.00 feet to
a point lying 14.00 feet northerly of, when measured perpendicular to, said northerly existing
Railroad right of way line; thence South 54032'23" East parallel with said Railroad right of way line
374.67 feet to the Point of Beginning.
CONTAINING 5242 Square Feet, more or less.
This legal description prepared
under the direction of:
MICHAEL W. O'NEAL, PSM No. 6027
Dyer, Riddle, Mills & Precourt, Inc.
101 North Woodland Blvd, Ste. A301
DeLand, Florida 32720
This legal description prepared
under the direction of:
MICHAEL W. O'NEAL, PSM NO. 6027
Dyer, Riddle, Mills & Precourt, Inc.
101 North Woodland Blvd, Ste. A301
DeLand, Florida 32720
RECORDED
INSTRUMENT DATE FROM TO PLAT
BOOK/PAGE
Emergency 7/19/2007 City of Sanford 74/46
Access
Easement to
Storm
Drainage &
Sanitary
Sewer System
by Plat
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.OT's current minimum standards for such
facilities as required by the F.D.OT 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.OT 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.OT 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
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UTL05-09/0 1
August 4, 2008
This instrument prepared by
LYNN W. BLAIS
Under the direction of
FREDRICK W. LOOSE, ATTORNEY
Florida Department of Transportation
719 South Woodland Boulevard
DeLand, Florida 32720-6834
PARCEL NO.: 505.8A
SECTION
F.P. NO.: 4129942
STATE ROAD CRT PROJECT
COUNTY SEMINOLE '-11 V, ;;2,;:2 :;<.
RESOLUTION
ON MOTION of ~missioner LV UJ../rJ~ ,seconded
by Commissioner tJOc.!A,i~ , the following
Resolution was adopted:
WHEREAS, the State of Florida Department of Transportation proposes to construct or
improve State Road No. CRT PRJOCET, F.P. No. 412994 2, in Seminole County, Florida: and
WHEREAS, it is necessary that certain easement rights now owned by the City of Sanford,
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 the City of
Sanford, Florida, that the application of the State of Florida Department of Transportation for a
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PARCEL NO. 505.8R
SECTION
F.P. NO. 4129942
PAGE 3
that such rights do not interfere with the operation and safety of the F.D.OT's
facilities.
4. The City agrees to repair any damage caused by the City to F.D.OT facilities and
to indemnify to the extent permitted under Florida law the F.D.OT 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.OT hereto has executed this agreement on the day
and year first above written.
Approved as to Form,
s;a~~ution: -
District Counsel
STATE OF FLORIDA
COUNTY OFVOLUSIA ~ dzi/
The foregoing instrument was acknowledged before me this d) / day of -tn ~ ,_,
by George S. Lovett, District Director of Transportation Dell ment for District Fiv. 0 is er m or
WhO~~U#n. s identification.
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'/1;//1.' ~ WHEREOF, the City has caused these presents to be executed in its name
by it)'~ Ity Commissioners acting by the Chairperson or Vice-Chairperson of said Board,
the day and year aforesaid.
CITY OF SANFORD, FLORIDA,
. By Its Board of City
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SI NAT ELINE it ~ ~ b .
PRINTfTYPE NAME: t': e/'l f_ . fJ I//JIJII/ Its Chairperson
p~ 17~ '~,") Oew
SIGNATURE LINE fJJcJt..- hooR~ ATTE . '1(. ~. y14
PRINTfTYPE NAME:
Clerk (or Deputy Clerk)
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PARCEL NO. 505.8R
SECTION
F.P. NO. 4129942
PAGE 4
STATE OF FLO~ ~ j,
COUNTY OF. '/f1lUi ~ .1\ ~ if r () . t
'Th foregoi . stJl1ment was acknowledged before me this m day of I J (Jli ,~, by
/t./)' ,Chairperson (or Vice Chairperson), who is perso ally known to me .".-wl,u 1,,=
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PRINTITYPE N,L{M : . .~';;; r , ..5 U
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
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