2093 FDOT Subordination AgrmtCITY OF
�5ANFORD �bq
FLORIDA
CITY OFFICE
TRANSMITTAL MEMORANDUM
T: City Clerk
:: Request for Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑
Ordinance
❑
Resolution
®
FDOT Subordination
❑
Mayor's signature
❑
Recording
❑
Rendering
®
Safe keeping (Vault)
Once completed, please:
P
Return original
Return copy
Special Instructions: Per Bill Marcous & Richard Blake please see attached to have originals
sent for Safe Keeping.
Please advise if you have any questions regarding the above.
Thank you!
From mAa'ls Date
Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL
Inst #2019065298 Book:9377 Page:672-673; (2 PAGES) RCD: 6/19/2019 3:06:16 PM
REC FEE $18.50
UTL05-09/01
May 18, 2018
This instrument prepared by
Marika Tremblay
Under the direction of
FREDRICK W. LOOSE, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
Deland, Florida 32720-6834
PARCEL NO. 103.4
SECTION 77010
F.P. NO. 4366791
STATE ROAD 15/600
COUNTY SEMINOLE
ON MOTION of Cc
by Commissioner
Resolution was adopted:
TAX EX"EMPT
F. S. 3 00"' ,kr
`.
Please Return TO:
Fla. Department of Transportation
719 South Woodland Boulevard
R/W Records Mgmt, MS 551
Deland, FL 32720-6834
Attn: M. Yeeloy-Sanderson
RESOLUTION
0
_,seconded
the following
WHEREAS, the State of Florida Department of Transportation proposes to construct or
improve State Road No. 15/600, Section No. 77010, F.P. No. 436679 1, 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
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 Departmlipke-h
of Transportation, in Deland, Florida, should be drawn
and executed by MoNor leg , 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.
Book 9377 Page 673
Instrument# 2019065298
PARCEL NO. 103.4
SECTION 77010
F.P. NO. 4366791
PAGE 2
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 Commissioners of Sanford, Florida, at a meeting held on the day of
'Alne -'ooq -
ffi=0*e* W1001,
A I IF 0,
VIEW,- Rffm 4
:•. l
ACQUISITION OF THIS LAND Is
NECESSARY FOR R/W PUI�OSES
11146ER THREAT OF CONDEMNATIM
PURSUAKIF TO SEC. 337.V F.&
M4
D.01T.
UTL05-09101
May 18, 2018
This instrument prepared by
Marika Tremblay
Under the direction of
FREDRICK W. LOOSE, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
Deland, Florida 32720-6834
PARCEL NO. 103.4
SECTION 77010
F.P. NO. 4366791
STATE ROAD 151600
COUNTY SEMINOLE
RESOLUTION
ON MOTION of Commissioner
by Commissioner pwi- b3C
Resolution was adopted:
0
,seconded
the following
WHEREAS, the State of Florida Department of Transportation proposes to construct or
improve State Road No. 151600, Section No. 77010, F.P. No. 436679 1, in Seminole County,
Florida: and
WHEREAS, it is necessarythat 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
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 Deland, Florida, should be drawn
and executed by pig' W jute -F 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.
PARCEL NO. 103.4
SECTION 77010
F.P. NO. 4366791
PAGE 2
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted bythe Board
of City Commissioners of Sanford, Florida, at a meeting held on the day of
�!1,1I1 .
t_ N1, eL
fy,Ark, AWN
Clerk, Board of City Commi Toners
City of Sanfoj7'
Graint Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL
'1st #2019065297 Book:9377 Page:666-671; (6 PAGES) RCD: 6/19/2019 3:06:15 PM
REC FEE $52.50
23-UTL04-1 0/11
May 18, 2018
This instrument prepared by
Marika Tremblay
Under the direction of
FREDRICK W. LOOSE, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
Deland, Florida 32720-6834
PARCEL NO.
103.4
SECTION
77010
F.P. NO.
4366791
STATE ROAD
15/600
COUNTY
SEMINOLE
X, 11-�, f
TAX EAEMPT
TeSs 337.27
Please RetUFn TO;
Fla, Department of Transportation
719 South Woodland Boulevard
RNVRecords Mgmt, MS 551
Deland, FL 3272063834
Attn.. M. Yeeloy-Sanderson
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this ArOg day of by and
between the STATE OF FLORIDA DEPARTMENT OF TRANS JR—TATION—,hereinafter called the
F.D.O.T., and City of Sanford, a Florida municipal corporation, hereinafter called City.
WITNESSETH:
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. 103
That part of:
"PARCELI
SECTION 77010
F.P. NO, 436679-1
G-
23-UTL04-10/11
May 18, 2018
This instrument prepared by
Marika Tremblay
Under the direction of
FREDRICK W. LOOSE, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
DeLand, Florida 32720-6834
F
"'FNX EXEM101"
F331VAr.
PARCEL NO.
103.4
please ROW' TO;
SECTION
77010
Fla, Depwtrnent of'rransportation
719 South Woodland Boulevard
F.P. NO.
4366791
R/W Records MgMt, NIS 551
STATE ROAD
15/600
Del -and, FL 32720.6834
COUNTY
SEMINOLE
Attn: M. Yeeioy-Sanderson
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this day of "--) ' by and
between the STATE OF FLORIDA DEPARTMENT OFTRANS JR-TATI/ON�,h hereinafter called the
F.D.O.T., and City of Sanford, a Florida municipal corporation, hereinafter called City.
kTJA a d ki 1 21IRS1 211111 A C1
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. 103
That part of:
"PARCEL1
SECTION 77010
F.P. NO. 436679-1
PARCEL NO. 103.4
SECTION 77010
F.P. NO. 4366791
PAGE 2
LOTS 34 AND 35, AMENDED PLAT OF DRUID PARK, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 5 AND 6, PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, LESS THE EAST 110 FEET OF THE SOUTH 109 FEET
OF SAID LOTS 34 AND 35.
THE WEST 40 FEET OF THE EAST 150 FEET OF LOTS 36 AND 37, AMENDED PLAT
OF DRUID PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 7, PAGES 5 AND 6, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA,
LESS RIGHT-OF-WAY FOR AIRPORT BOULEVARD.
TOGETHER WITH A PERPETUAL NON-EXCLUSIVE EASEMENT ENCUMBERING THE
FOLLOWING DESCRIBED PROPERTY AS SET FORTH IN THE CROSS EASEMENT
AGREEMENT AND CONSENT OF LESSEE DATED NOVEMBER 12, 2002 BETWEEN
HAR FLORIDA, LLC AND CHILL PROPERTIES, LLC:
BEGINNING 150 FEET WEST OF THE NORTHEAST CORNER OF LOT 36, AMENDED
PLAT OF DRUID PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 7, PAGES 5 AND 6, PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, THENCE SOUTH 92 FEET TO THE POINT OF BEGINNING, THENCE WEST
32.47 FEET, THENCE SOUTH 20 FEET, THENCE WEST 20 FEET, THENCE SOUTH TO
THE RIGHT-OF-WAY FOR AIRPORT BOULEVARD, THENCE EAST 52.47 FEET,
THENCE NORTH TO THE POINT OF BEGINNING."
(Said property being the same lands as described in Official Records Book 8858, page 478
of the Public Records of Seminole County, Florida.)
described as follows:
Commence at a 518 -inch iron rod and cap stamped "FDOT JWG 1_131" marking the northeast
corner of the northeast quarter of Section 11, Township 20 South, Range 30 East, Seminole
County, Florida, as shown on Florida Department of Transportation Right of Way Map Section
77010, Financial Project No. 436679-1; thence run South 01°40'37" East along the east line of
the northeast quarter of said Section 11 a distance of 774.43 feet to a point on the Centerline of
Survey of State Road No. 15-600 as shown on said Right of Way Map; thence departing said east
line, run North 24°45'41" East along said Centerline of Survey a distance of 163.11 feet to a point
on the westerly projection of the existing northerly Right of Way line of Airport Boulevard as shown
on said Right of Way Map; thence departing said Centerline of Survey, run North 89021'09" East
along said westerly projection a distance of 55.35 feet to a point on the existing easterly Right of
Way line of State Road No. 15-600 as shown on said Right of Way Map; thence run North
PARCEL NO. 103.4
SECTION 77010
F.P. NO. 4366791
PAGE 3
89021'09" East along said existing easterly Right of Way line a distance of 22.14 feet; thence run
North 24045'41" East, continuing along said existing easterly Right of Way line, a distance of
15.92 feet to a point on the existing northerly Right of Way line of Airport Boulevard as shown on
said Right of Way Map; thence departing said existing easterly Right of Way line, run South
65016'23" East along said existing northerly Right of Way line a distance of 33.56 feet; thence run
North 89021'09" East, continuing along said existing northerly Right of Way line, a distance of
285.05 feet to a point on the west line of the west 40 feet of the east 150 feet of Lots 36 and 37,
AMENDED PLAT DRUID PARK as recorded in Plat Book 7, pages 5 through 6 of the Public
Records of Seminole County, Florida as shown on said Right of Way Map for a Point of
Beginning; thence departing said existing northerly Right of Way line, run North 00000'42" East
along said west line a distance of 13.30 feet; thence departing said west line, run North 89021'09"
East parallel with said existing northerly Right of Way line a distance of 40.01 feet to a point on
the west line of the east 110 feet of Lots 34, 35, 36 and 37, of aforesaid AMENDED PLAT DRUID
PARK as recorded in Plat Book 7, pages 5 through 6 of the Public Records of Seminole County,
Florida as shown on said Right of Way Map; thence run South 00019'51" West along said west
line a distance of 13.30 feet to a point on said existing northerly Right of Way line; thence
departing said west line, run South 89021'09" West along said existing northerly Right of Way line
a distance of 39.94 feet to the Point of Beginning.
Containing 532 square feet, more or less.
This legal description prepared under the direction of:
John F. Cheney, PLS
Florida Registered Surveyor and Mapper No. 4286
Florida Department of Transportation
719 South Woodland Boulevard
Deland, Florida 32720
Date: May 22, 2018
Easement in favor of City of Sanford, a Florida municipal corporation, recorded in ORB 5320,
Page 1703;
PROVIDED that the City has the following rights:
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
PARCEL NO. 103.4
SECTION 77010
F.P. NO. 4366791
PAGE 4
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 caused by the City to F.D.O.T. facilities and
to indemnify to the extent permitted under Florida law 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.
Sig(n)pd, sealed and delivered
in h presence of witne e: STATE OF FLORIDA DEPARTMENT
OF TRAN PORTATION
SI NATURE LINE - Loreen Bobo, P.E.
PRINT/TYPE NAME: District Director Of
Transportation Development
for District Five
719 S. Woodland Blvd.
SIG ATUREIINE�. Deland, Florida 32720
PRINT/TYPE NAME: C <
Le view
Office of the eneral C unset
STATE OF FLORIDA
PARCEL NO. 103.4
SECTION 77010
F.P. NO. 4366791
PAGE 5
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this /d day of i�
by Loreen Bobo, P. E., District Director of Transportation Development for District F e, who is personally known to me
or who has produced as identification.
NOAMAI.MEAAS
r-"7" Notary public - State of Florida
" Commission a GG 102162
' oF,eQ°e My Comm. Expires Jul 27,2021
PRINTM&E NAME:0 e - l
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 Chairperson or Vice -Chairperson of said Board,
the day and year aforesaid.
Signed, sealed and delivered in
the presence of: Two witnesses
required
j4y Florida Law
SIGNATURE LINE
PRINT/TYPE NAME:
E LINE
PR YPE NAME:
CITY OF SANFORD, F ORIDA,
By Its Board of City
Commissioners ,
so
Its C
(or V
ATTEST: t f"I( `` eap' �u. (110, RV, H
Clerk (or Dep
AIDOU I 7T"rr"O,�Er�rni�' TH!� ia. ;_Aa`� D 13
lu•J;.R 1 HREA: F OF 0,0,* 'K),
PURSUANT TO WFO. W/. z-, F.,*"
m vi
L. D.O.T.
PARCEL NO. 103.4
SECTION 77010
F.P. NO. 4366791
PAGE 6
STATE OF FLORIDA
COUNTY OF SCANTii_ Ck,
The f egg instrur,nent was acknowledged before me this day of t , by
r- m i Dig 'Chairperson (or Vice -Chairperson), who is personally known to me or who has
produced as identification.
PRINT/TY AME:
Notary P is in and for the
+P& Notary Public State of Florida County and State last aforesaid:yy
;� �`f: Cathy t_oTetnpio My Commission Expires: (d t� 0
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