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1014-Subordination of Utility IZ SUBORDINATION OF UTILITY INTERESTS THIS AGREEMENT, entered into this ~ day of /~ ,200'/, by and between THE CITY OF SANFORD, a Florida municipal corporation, whose address is 300 North Park Avenue, Sanford, Florida 32771, hereinafter referred to as "CITY," and SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as the "COUNTY." WITNESSETH: WHEREAS, the CITY presently has an interest in certain lands that have been determined necessary for use as right-of-way for additional traffic lanes and improved drainage facilities on Airport Boulevard, Phase III; and WHEREAS, the proposed use of these lands for use as right-of-way for additional traffic lanes and improved drainage facilities purposes on Airport Boulevard, Phase III, 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: AIRPORT BOULEVARD PHASE III PARCEL NO. 106 FEE SIMPLE (See, legal description attached Composite Exhibit 1) Parcel I.D. No. 34-19-30-300-013C-0000 PARCEL NO. 107A FEE SIMPLE (See, legal description attached Composite Exhibit 1) HARYANNE I'IORSE, CLERK OF CIRCUIT c0ul~arcel liD. No. 34-19-30-300-013A-0000 CLERK OF SEHINOLE COUNTY BK 05229 PGS 0991-1007 FILE NUN 2004039042 RECORDED 0311618004 02:45:32 PM RECORDIN6 FEES 78. ~0 RECORDED BY O Ha~'fm'd IIII I IIIII III II III I1 III II IIt II III II III It III II III II IIt II ~111 CERTIFIED COPY MARYANNE .ORSE CLERK OF CIRCUIT COURT SEMI, HOLE COUNT~. FLORIDA DEPUTY CLERK PARCEL NO. 108 See, legal description attached as Composite Exhibit 1 Parcel I.D. No 34-19-30-300-013B-0000 and FEE SIMPLE PARCEL NO. 109 FEE SIMPLE See, legal description attached as Composite Exhibit 1 Parcel I.D. No. 34-19-30-300-0130-0000 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 across such lands, including, but not limited to, the claim of interest based on the following: NATURE OF FROM OR IN FAVOR RECORDED ENCUMBRANCE DATE AGAINST OF BOOKIPAGE Easement For July 20, Thomas F. City of Book 1571, Page Water Lines 1984 Yandell and Sanford 1669, Parcel Nos. 106, Bee Jay and 107A, Yandell Easement for July 20, Johnny City of Book 1571, Page Water Lines 1984 Walker as Sanford 1568, Parcel Nos. 108, Trustee and 109 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 2 alteration, adjustment or relocation· The estimated cost to relocate the CITY's water lines is FIFTY-NINE THOUSAND AND NO/100 DOLLARS ($59,000.00). The COUNTY shall, upon written notification from the CITY at the completion of construction, reimburse the CITY the actual costs for the CITY to relocate the water lines based upon unit prices and final construction quantities. ATTEST: ?5: ~¢/JANE/..R. DOUGHERTY ~ .. City Oerk By: CITY OF SANFORD BRADY LES~ARb, MAYOR Approved as to form and Legal sufficiency. City Attorney C~l~r,k t~he~oa?~ of'- Cdu~ Com~s~id~ers. Of S~mi~61~ GbO'6~, Ror~Oa. For tho uso and rolianco of Sominoio County only. provo~ as to form and sufficiency· u orney HMBXsb 12~1 ~03 BOARD OF COUNTY COMMISSIONERS , DARYL G. McLAIN, Chairman Date: ;2 - ~/~ - ~,2 ~ As authorized for execution by the Board of C~unty Commissioners at its ..2¢ ,¢¢~¢-, 200~ regular meeting 3 RIGHT-OF-WAY FEE PROJECT: Airport Blvd., Phase ill OWNER: The Southland Corporation ,.r.., ,h,:,:..r CC..FL R/W PARCEL NO.: 106 TAX I.D. NO.: 34-19-30-300-013C-0000 CONSULTANT: Southeastern Surveying & Mapping Corp. FIDELITY FILE NO.: 95.03210 A part ofthe property described in Official Records Book 1590, Page I 133 as recorded in the Public Records of Seminole County, Florida, being that portion of Sections 34 & 35, Township 19 South, Range 30 East described as follows: BEGINNING at the Southeast corner of Section 34, Township 19 South, Range 30 East, thence run North 89°59'01" West a distance of 164.31 feet along the existing Nc, rth right of way line of County Road 46A; thence North 00e29'19" West a distance of 9.98 feet; thence South 89"59H g" East to the beginning ora curv~, concave to the Northwest, having a radius of 50.00 feet, a central angle of 90° 13'55", and a chord distance of 70.85 feet that bears North 44°53'44" East; thence East along the arc of said curve 78.74 feet to the end of said curve; thence North 00° 13'13" West a distance of 139.83 feet; thence South 89~'54'13" East a distance of 22.60 feet to the existing West right of way line o fAirpor~ Boulevard; thence South 00° 13' 13" East along said West right of way line a distance of 200.00 feet to the South line of the Southwest quarter of Section 35, Township 19 South, Range 30 East; thence South 89°54'13" West along the South line of said Section 35, a distance of 35.g7 feet to the POINT OF BEGINNING. Containing 6,835 square feet, more or less. Subject to a 10 foot easement in favor ofCity of Sanford, dated July 20, 1984 and filed August 15, 1984 in Official Records Book 1571, Page 1569 of Seminole County, Florida. The sketch for this description is shown on sheet 5 of 28 on the right-of-way maps for Airport Blvd., Phase [IL [ hereby certify that this legal description is true, accurate and complete to thc best o fray knowledge and is in compliance with the Minimum Technical Standards as set forth in Chapter 6 [ G 17-6 Florida Administrative Code. Gary B.'K~ck Date Florida R,egistcred Lnnd Sucveyor #4245 NOT VALID WITHODT SUP. VEYOR'S EMBOSSED SEAL Southeastern Surveying & Mapping Corp, 324 North Orlando Avenue Maitland, Florida 32751-4702 407-647-8898 COMPOSITE EXHIBIT 1 RmUT-OF-WJ'. ZEE PROJECT: Airport Blvd., Phase Ill OWNER: H. Richard Joyed and David Redwine FUW PARCEL NO.: 107 TAX I.D. NO.: 34-19-30-300-013A-0000 CONSULTANT: Southeastern Surveying & Mapping Corp. FIDELITY FILE NO.: 95.03210 3 "53 ',I , 0 .... ~.',,~L~- C~..FL A part ofthe property described in Official Records Book 4596, Page 4520 as recorded n the Pub c Records of Seminole County, Florida, being that portion of Sections 34 and 35, Township 19 South, Range 30 East described as follows: Part A Commencing at the Southwest comer of Section 35, Township 19 South, Range 30 East, Seminole County, Florida run North 89°54'13" East 35.87 feet along the South line of the Southwest 1/4 of said Section 35 to a point on the existing West Right-of-Way line of Airport BIv_d.; thence North 00°13'13" West 200.00 feet along said existing Westerly Right-of-Way line to the POINT OF BEGFNNING; thence South 89°54' 13" West a distance of 30.59 feet; thence North 00° 13'13" West a distance of 40.27 feet; to the beginning cfa curve concave to the West, having a radius of 941.45 feet, a central angle of 09°55'31", and a chord of 162.88 feet that bears North 05°10'56'' West; thence North along the am of said curve t63.09 feet to the end of said curve; thence South 89;59'01" East a distance of 6.92 feet along the South line of the North 110.00 feet of the South 512.50 feet of the Southeast 1/4 of Section 34, Township 19 South, Range 30 East to a point of the East line of the Southeast 1/4 of said Section 34; thence North 89°54'13" East 23.67 feet along the North line of the South 402.50 feet of said Section 35, to a point on the existing West Right-of-Way line of Airport Blvd. and the beginning cfa curve concave to the West, having a radius of 1105.92 feet, a central angle of 09°09'2 I", and a chord of 176.54 feet that bears South 04°47'53" East; thence Sooth along the arc of said curve and said existing Westerly Right-of-Way line 176.72 feet to the end of said curve; thence South 00° 13' 13" East a distance of 26.56 feet along said existing Westerly Right- of-Way line to the POINT OF BEGINNING. Containing 6130 square feet, more or less. AND Part B Commencing at the Southeast comer of Section 34, Township 19 South, Range 30 East; thence North 89"59'01" West along the North Right-of-Way line of County Road 46A a distance of 164.31 feet to the POINT OF BEGINNING; thence continue North 89°59'01 West along said North Right-of-Way, a distance o f 198.71 feet; thence North 00°22'2 t" West, a distance of 13.97 feet, thence South 89°59' 18" East, a distance of 198.78 feet; thence South 00029'19" East, a distance of 13.98 feet to thc POINT OF BEGINNING. Containing 2776 square feet, mom or less. The sketch for this description is shown on sheets 5 and 22 of 28 on the right-of-way maps for Airport Blvd., Phase III. I hereby certify that th~s legal description is true, accurate and complete to the best of my knowledge and is in compliance with the Mi nimum Technical Standards as set forth in Chapter 61G 17-6 Florida Administrative Code. · . , :.'- .... oq o~2:, Of Gary B. Kn~k ~' Date Florida Rugistcred Land Surveyor g4245 NOT VALID WlTHOD'T SURVEYOR'S EMBOSSED SEAL Southeastern Surveying & Mapping Corp. 324 North Orlando Avenue Maitland, Florida 32751-4702 407-647-8898 COMPOSITE EXHIBIT 1 ,., 0 0 u L-' ,_, PROJECT: Airport l' 'OWNER: lewis Edward White, W. Garnctt White and Pauletti R/IA' PARCEL NO.: 108 TAX I.D. NO.: 34.19.30.300.013B-000J3, A part of the property described in Glacial Records Book 243l, Page 14.78 as recorded in the Public Records of Seminole Court~y, Florida, being that portion of SectionS 34 and 35, Township t9 South. Range 30 E~ described as follows: Commencing at the Southeast corner of Section 34, Township t9 South, Range 30 Fast, Seminole CountT, Florida run North 00'29't9' West 402~2 feet along the East linc of the Southeast 1/4 of.said Section 34 to thc POINT OF'BEGINNING; thence North West a dhtance of 6.~2 feet along the South line of the North ll0.00 feet of the South 512.50 feet of the Southeast 1/4 o{ said Section 34 to the beginning of · cutwe concave to the West, hav/n~t a radius of 941.4:5 feet, n central angle of*0~53'31', and · chord o{ I t3.18 fcct that bears North 13'35'2T' Wcstl thence North along the arc of said curve 113.24 feet to thc end of said cutwc; thence South 89'S9'0t' East a distance o[ 12.49 [cet to a point on thc existing West Right-of-Way line of Airport Blvd. and thc bcglnning o[ a curve concave to thc E~t, hay/hi a radius of t205.96 feet, a central angle of 0(f 06~$', and a chord of 2.25 feet that bears South 15' 19'25' East; thence South along said West R/iht'of-WaY line and thc arc o{ said cur~c 2.25 feet to the beginning o{'a curve, concave to the West, hav/ng a radlu$ of 10S5.92 feet, a central angel of 05'¢9'4.4', and a chord of 110.4.3 feet that bcar~ South 12'27'46' East; thence South along said West Right-of-Way linc and thc arc' o[~ said curvc 110.47 feet; thence South 89'$4'13' West 3.40 feet along thc North line o[[ thc South 402.50 [cci of said Secdon ~5 to the POINT OF BEGINNING. CONTAINING 1236 square fee~ more or less. Certification' date of surveyor March 9, 1998 COMPOSITE EXHIBIT 1 pROJECT: Airpo - 'base Ill - OWh'ER: Johnny ..,~er, AS Trustee R/~/PARCEL NO.: 109 TAX I.D. NO.: 34-19-30,300-0130-000~ A g~rt o~ the property described in Glacial Records Book 2885, Daf," 934 as recorded in the Pubtic Records of Seminole County, Florida. being that portion of Sections 3¢ 'and 3S, Township 19 South, Ran&e 30 East described as follows: Commencing at the Southeast corner of Section 34, Township 19 South, Range 30 East, Seminole County, Florida run North 00'29'19' West $12.52 feet along the East line of the Southeast 1/4 of'said Section 34 to the POINT OF BEGINNING; thence North 89'S9'0~.* West a d~stance of 32.58 feet along the South line of the North 312.50 feet of the South 825.00 feet of sold Section 34 to the beginning of a curve concave to the_ Southwest. ha~ng - a radius of 941.45 feet, s central angle of 20'01,'45", and ~ chord of 32'/.44 feet that bears North 2T03'05' West; thence North along the arc of said curve 329.11 feet to the end of said curve; thence North 00'29'19" West a distance of 21.8l feet along the West line of the East 179.00 feet of said Section 34; thence South 89'25'UY East a distance of 139.03 feet along the South Right-of-Way llne of Count~ Club Road and the North line of the North 312.50 feet o[ the South 825.00 feet of said Section 34, per O.R. Book 1892, Page 0~25, of Seminole County, Flor{da to the existing West Right-of-Way llne of Airport Blvd. and the beginning of a curve con~ave to the East, having a radius of tI85.96 feet, a central angle of 15'06'25', and a chord of 31L79 feet that bears South 07¢~'26' East; thence South along said existing West Right-of-Way line and the arc of said curve 312.'/0 feet to the beginning of a curve concave to the W~st, having a radius of ll05.92 feet, a central angle of 00.10'05, and a chord of 3.25 feet that bears South 15' 1'/'36 East; thence South along said existing West Right-of-Way line and the arc of said curve 3.25 feet; thence South 89'54'13" West 0.65 feet along th-' South line of the North 312.50 feet o( the South 825.00 feet of sold Sectioo 3:5 to the POINT OF BEGINNING. CONTAINING 0.:531 acres, more or less. Certification date of surveyor March 9, 1998 COMPOSITE EXHIBIT 1 SEMINOLE COUl~TY, a subdivision of the Florida, Petitioner, vs. LEWIS E. WHITE, et al., Defendant(s). political State of PETITIONER'S, Please take notice strikes Defendant, CITY in this action as to Parcel Nos. in this action by virtue of: IN THE CIRCUIT COURT FOR THE EIGHTEENTH JUDICIAL CIRCUIT, IN AND FOR SEMINOLE COUNTY, FLORIDA. CASE NO. 2003-CA-2679-13-K / SEMINOLE COUNTY, NOTICE OF DROPPING PARTY that Petitioner, SEMINOLE COUNTY, hereby OF SA/qFORD "CITY, as a party Defendant 108 and 109. The CITY is named Easement in favor of the CITY, dated July 20, 1984, as recorded in Official Records Book 1571, Page 1568, Public Records of Seminole County, Florida. The CITY was served with process of service by the Seminole County Sheriff on or about and CITY have entered into Agreement dated February Records Book 5229, Pages County, Florida. Accordingly, Petitioner Defendant as to Parcel Nos. January 21, 2003. SEMINOLE COUNTY a Subordination Of Utility Interests 24, 2004, and recorded at Official 991-1007, Public Records of Seminole hereby strikes CITY as a party 108 and 109 pursuant to Florida 1 Rules of Civil Procedure 1.250, in that it is no longer a necessary or property party in this action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished to the addressees named below this day of March, 2004, by U. S. Mail: Charles S. Stratton, Esq. 215 South Monroe Street Suite 214 Tallahassee, FL 32301 Attorney for Defendants, Lewis Edward White individually and d/b/a Country Club Car Wash; W. Garnett White individually and d/b/a Country Club Car Wash, and Paulette C. White (Parcel No. 108) J. Christy Wilson, III, Esq. 437 North Magnolia Avenue Orlando, FL 32801 Attorney for Defendants, Johnny Walker, as Trustee (Parcel Nos. 109 and 179); Johnny Walker and RuthAnn Padgett (Parcel No. 113) William E. Reischmann, Jr., Esq. Post Office Box 4848 Sanford, FL 32772-4848 Attorney for Defendant, City of Sanford (Parcel Nos'. 108 and 109) ROBERT A. McMILLAN County Attorney for Seminole County, Florida Florida Bar No. 0182655 Seminole County Services Bldg. 1101 East First Street Sanford, FL 32771 Telephone: (407) 665-5736 Facsimile: (407) 665-5749 Attorney for Seminole County By: ~ ~ M. ~ROWN HENRY M. BROWN Assistant County Attorney Florida Bar No. 0760455 IN THE CIRCUIT COURT FOR THE EIGHTEENTH JI/DICIAL CIRCUIT, IN AND FOR SEMINOLE COUNTY, FLORIDA. CASE NO. 2002-CA-1200-13-G SEMINOLE COUNTY, subdivision of Florida, Petitioner, vs. 7-ELEVEN, INC., et al., Defendant(s). a political the State of in this action as to action by virtue of: The CITY was served with process of service by the Seminole County Sheriff on or about January 21, 2003. SEMINOLE COUNTY and CITY have entered into a Subordination Of Utility Interests Agreement dated February 24, 2004, and recorded at Official Records Book 5229, Pages 991-1007, Public Records of Seminole County, Florida. Accordingly, Petitioner hereby strikes CITY as a party Parcel No. 106. The CITY is named in this Easement in favor of the CITY, dated July 20, 1984, as recorded in Official Records Book 1571, Page 1568, Public Records of Seminole County, Florida. Defendant as to Parcel No. 106 pursuant to Florida Rules of Civil Procedure 1.250, in that it is no longer a necessary or property party in this action. / PETITIONER'S, SEMINOLE COUNTY, NOTICE OF DROPPING PARTY Please take notice that Petitioner, SEMINOLE COUNTY, hereby strikes Defendant, CITY OF SANFORD "CITY", as a party Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and foregoing was furnished to the addressees day of March, 2004, by U. S. Mail: correct copy of the named below this ~ JAY W. SMALL Attorney at Law 437 North Magnolia Avenue Orlando, FL 32801-1524 Attorney for Defendant, 7-;nm%~/q, INC. (Parcel Nos. 106 and 706) WILLIAM E. REZS~, JR. Attorney at Law Post Office Box 4848 Sanford, FL 32772-4848 Attorney for Defendant, CITY OF SANFORD (Parcel Nos. 106 and 706) I. ED PANT~?.;ON, ESQ. Shutts & Bowen, LLP 300 South Orange Avenue, Suite 1000 Post Office Box 4956 Orlando, FL 32802-4956 Attorney for ClearShot Communications LLC (Parcel No. 174) JEAN G. HOWARD, ESQ. Post Office Box 029100 Miami, FL 33102-9100 Attorney for Defendant, Florida Power & Light Company (Parcel No. 175) DENNIS WELLS, ESQ. 994 Lake Destiny Road Suite 102 Altamonte Springs, FL 32714 Co-Counsel for Defendant, A. K. Shoe~naker Family Limited Partnership (Parcel Nos. 119 & 174) and Shoemaker Construction Co~any, Inc. (Parcel No. 175) MACK N. CLEVELAND, JR., ESQ. 209 North Oak Avenue Sanford, FL 32771 Co-Counsel for Defendant, A. K. Shoemaker Family Limited Partnership (Parcel Nos~ 119 and 174) and Sho--mker Construction Cox~any, Inc. (Parcel No. 175) ROBERT A. McMILLAN County Attorney for Seminole County, Florida Florida Bar No. 0182655 Seminole County Services Bldg. 1101 East First Street Sanford, FL 32771 Telephone: (407) 665-5736 Facsimile: (407) 665-5749 Attorney for Seminole County By: ~ ~'~' ~ BROWN HENRY M. BROWN Assistant County Attorney Florida Bar No. 0760455 2 UTILITY DEPARTMENT MEMORANDUM DATE: TO: FROM: RE: Jan- April 5, 2004 Jan Dougherty, City Clerk Paul Moore, Utility Director Condemnation Lawsuits Attached is a certified copy of the Subordination Agreement between the City of Sanford and Seminole County. The City was part of two (2) lawsuits with the County due to easements we had over properties the County was acquiring through condemnation. With the execution of the Subordination Agreement the City is dropped from these two (2) cases. Please file this agreement for safe keeping. Thank You. xc: City Manager attachment STENSTROM, McINTOSH. COLBERT, WHIGYIAM, REISCHMANN & PARTLOW, P.A. ATTORNEYS AND COUNSELLORS AT LAW March 30, 2004 via HAND-DELIVERY Mr. Paul R. Moore Director of Utilities CITY Of SANFORD, FLORIDA 300 N. Park Avenue Sanford, Florida 32771 Re: Seminole County v. 7-Eleven, Inc. et al. Circuit Court, Seminole County, Florida; Case No. 02-CA-1200-13-K. Parcel No.: 106 - Airport Boulevard Phase III. Seminole County v. Lewis E. White, et al. Circuit Court, Seminole County, Florida; Case No. 02-CA-2679-13-W. Parcel No.: 108 and 109 - Airport Boulevard Phase III. Dear Mr. Moore: Enclosed is a certified copy of the Subordination Agreement between the City and Seminole County, Also enclosed are the Notices dropping the City of Sanford from these two condemnation cases. Please call should you have any questions. Sincerely, STENSTROM, MclNTOSH, COLBERT, WHIGHAM, REISCHMANN & PARTLOW, P.A. William E. Reischmann, Jr. Enclosure cc: William L. Colbert, Esquire F:~FILES\WER\CONDEMNA\COS-Burger King\MoorePaul White & 7-11 03-29-04.1tr,wpd SEMINOLE COUNTY ATTORNEY'S OFFICE 1101 EAST F1RST STREET * SANFORD * FLORIDA 32771-1468 · TELEPHONE (407) 665-7254 · FAX (407) 665-7259 March 26,2004 William E. Reischmann, Jr., Esq. Post Office Box 4848 Sanford, FL 32772-4848 Re: Airport Boulevard Phase III - Parcel No. 107A Seminole County v. 7-Eleven, Inc., et al. 'Case No. 02-CA-1200-13-K Parcel No. 106 -Airport Boulevard Phase Ill Seminole County v. Lewis E. White, et al. Case No. 02-CA-2679-13-W Parcel Nos. 108 and 109 -Airpqrt Boulevard Phase III 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 cases. If I can be of further assistance, do not hesitate to contact me. Sincerely, Henry M/Brown Assistant County Attorney HMB\dre Enclosure Subordination Of Utility Interests P:\USERS~DEDGE~MY DOCUMENTS~I. TR~REISCHMANN SUBORDINATION AIRPORT Iff 106 107A 108 109 RETURN.DOC