HomeMy WebLinkAboutResolution 98-16
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OCOEERES.UTL~09/98
September 28, 1998
This instrument prepared by
KATTIE GIBSON
under the direction of
GEORGE S. LOVETT, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
DeLand, Florida 32720
PARCEL NO.
SECTION
STATE ROAD
COUNTY:
F. P. NO.
128.4R
75250-2525
438
ORANGE
239289 1
RESOLUTION NO.
qg - I ~
ON MOTION of Commissioner GL~S5
seconded by Commissioner P~~~e~
the following Resolution was adopted:
WHEREAS, the State of Florida Department of Transportation proposes
to construct or improve State Road No. 438, Section No. 75250-2525, in
Orange County, Florida: and
WHEREAS, it is necessary that certain easement rights now owned by
the City of Ocoee, 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 City commission of the City of
Ocoee, 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 Ocoee, Florida, should be drawn and executed
by the Mayor and City Clerk, on behalf of the City commissioner.
BE IT FURTHER RESOLVED that a certified copy of this Resolution be
forwarded forthwith to the State of Florida Department of Transportation
at Tallahassee, Florida.
PASSED AND ADOPTED this
~" ~
04(J day of
DL-TT> BH1
, 19~.
APPROVED:
CITY ~OCOEE, FLORIDA, _ /
By: .,,>- SAth1/r
S. SCOTT VANDERG I T,
Its Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO ~~ AND
LEGbLltl.1,~IS ~~ OF
::~EY~~ ~
City Attorney
APPROVED BY THE OCOEE CITY
COMM~ION AT A MEETING HELD
ON . ro~~)...c) , 199~
UNDER AGENDA ITEM NO. Trr ~
23-0COEE.UTL.-09/98
september 28, 1998
This instrument prepared by
KATTIE GIBSON
under the direction of
GEORGE S. LOVETT, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
DeLand, Florida 32720
PARCEL NO.
SECTION
STATE ROAD
COUNTY:
F.P. NO.
128.4R
75250-2525
438
ORANGE
239289 1
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT. entered into this ;1 ~ '~ay of ~-,,- , , 1991.
by and between the STATE OF FLORIDA DEPARTMENT OF T NSPORTATION,
hereinafter called the F.D.O.T., and CITY OF OCOEE, FLORIDA, 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.O.T.; and
WHEREAS, the F.D.O.T. is willing to pay to have the City's
facili ties 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. 128
SECTION 75250-2525
THAT PART OF:
"THE SOUTH 1/2 OF LOT 10 AND ALL OF LOTS 11 AND 12, BLOCK C,
FLORA ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK "0", PAGE 127, PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA. "
(SAID PROPERTY BEING THE SAME LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 4118, PAGE 841, OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA.)
DESCRIBED AS FOLLOWS:
COMMENCE AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 22 SOUTH,
RANGE 28 EAST, WITH THE CENTERLINE OF SURVEY OF S.R. 438 (SILVER STAR
ROAD) AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP,
SECTION 75250-2525, SAID POINT LYING 402.222 METERS (1319.62 FEET) SOUTH
00003'33" WEST OF THE NORTHEAST CORNER OF SAID NORTHWEST 1/4 OF OF THE
NORTHWEST 1/4; THENCE SOUTH 89056 I 53" WEST ALONG SAID CENTERLINE OF
SURVEY A DISTANCE OF 38.086 METERS (124.95 FEET) TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS ,OF 174.860 METERS (573.69
FEET), AND A CHORD BEARING OF SOUTH 77046'08" WEST; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE AND ALONG SAID CENTERLINE OF SURVEY THROUGH
A CENTRAL ANGLE OF 24021'30" A DISTANCE OF 74.339 METERS (243.89 FEET)
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PARCEL NO.
SECTION
F.P. NO.
PAGE _
128.4R
75250-2525
239289 1
2
TO ITS INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EAST LINE OF
BLOCK "C", FLORA ESTATE AS RECORDED IN PLAT BOOK 0, PAGE 127, PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA; THENCE DEPARTING SAID CENTERLINE OF
SURVEY RUN NORTH 00003'13" EAST ALONG SAID SOUTHERLY EXTENSION A DISTANCE
)F 20.254 METERS (66.45 FEET) TO THE SOUTHEAST CORNER OF LOT 12, OF SAID
BLOCK "c" AS SHOWN ON SAID RIGHT OF WAY MAP FOR A POINT OF BEGINNING;
THENCE CONTINUE NORTH 00003'13" EAST ALONG THE EAST LINE OF SAID BLOCK
"c" A DISTANCE OF 24.941 METERS (81.83 FEET) TO A POINT OF CUSP WITH A
CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25.000 METERS (82.02
FEET) AND A CHORD BEARING OF SOUTH 44059'09" WEST; THENCE DEPARTING SAID
EAST LINE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 89051'52" A DISTANCE OF 39.211 METERS (128.64 FEET) TO
A POINT OF CUSP, SAID POINT BEING ON THE SOUTH LINE OF SAID LOT 12,
BLOCK "C"; THENCE NORTH 89055'05" EAST ALONG SAID SOUTH LINE A DISTANCE
OF 24.941 METERS (81.83 FEET) TO THE POINT OF BEGINNING.
CONTAINING 133.4 SQUARE METERS (1436 SQUARE FEET), MORE OR LESS,
EXCLUSIVE OF EXISTING ROAD RIGHT OF WAY.
THIS LEGAL DESCRIPTION PREPARED
UNDER THE DIRECTION OF:
R. MARK PITCHFORD, P.S.M. NO. 5062
LOCHRANE ENGINEERING, INC.
201 SOUTH BUMBY AVENUE
ORLANDO, FL 32803
DATE: JUNE 10, 1998
RECORDED
INSTRUMENT DATE FROM TO O.R.
BOOK/PAGE
Easement 6-30-88 Henry H. City of Ocoee 4028/2351
Dennis, et ux
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 wi thin 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.
PARCEL NO.
SECTION
F.P. NO.
PAGE
128.4R
75250-2525
239289 1
3
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 the extent permitted by law, 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.
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~~iJg ~~~~~0t
By:
Rob rt . Cor lyou, P.E.
District Director
of Production
for District Five
719 S. Woodland Blvd.
DeLand, Florida 32720
Signed, sealed and delivered
in the presence of witnesses:
STATE OF FLORIDA
COUNTY OF VOLUSIA
p
The foregoing instrument was acknowledged before me this ?~ day
of ~r-1r I , 199L., by Robert H. .fortelyou, P.E., District)
Director 0 Production for District Five, whq is personally known to me
or who has produced as
identification.
~()-?~ 9. 'A:~/
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
!~\w.\w... \....\'{,\\..N,\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\..~
( ~.."y Plt~ Nancy J. Landry :>:
~ ~ ~(~ NQt.a''Y Public, Stale of Florida 'I_
( ~;;:'>'",: -.k .~ C:w;:'liqsion No, CC 445853 : -
~ '''<'0, f\..~'l.' !'vi)' CC:1IDYlSSiCll Expires OS/29/99 ) :
~ 1.800.~.!'r.1Tp~.". P,',.'otary Service & BondiI:f; ('''''. : :
L" (",,,,,,,,,, "'" ," '" """" "" "" ",," .
PARCEL NO.
SECTION
F.P. NO.
PAGE _
128.4R
75250-2525
239289 1
4
IN WITNESS WHEREOF, the city has caused these presents to be
executed in its name by its Mayor and City Clerk acting on behalf of the
City of Ocoee, the day and year aforesaid.
Signed, sealed and delivered in
:he presence of: (Two witnesses
required by Florida Law)
1<~ ~ IAJ~~~
Itli>LttlJUt0 M. ~+h~/~
y:J~'-':A~r;! ~~t,.
f
CITY OF OCOEE, FLORIDA,
By:f?~AU4
S. SCOTT VANDERG T,
Its Mayor
\ S" 0 ~. l.~K6.s \-\0 1,1: D~~'l1S.
o c.o Iiii', J:: L.~'" 'l 4.1 - ~ 2.. ~ t
Executed on: UC ro Bt:-R d I)
, 19 93
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO~~D
L~t~~HIS , 19 - AY OF
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON ()C'H f3~ ,;\,0 , 199 r-
UNDER AGENDA ITEM NO. T'fL C
::~:Jt~~
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgements,
personally appeared S. Scott Vandergrift and Jean Grafton, personally
known to me to be the Mayor and City Clerk, respectively, of the City of
Ocoee, and that they severally acknowledged executing the same freely
and voluntarily under authority duly invested in them by said
municipality.
WITNESS my hand and official seal in the County and State last aforesaid
this 20TH day of ()c..Y08""~ , 19.3.L.
.~~~
/{af> 1 .)~ ~ bAfJduJ ~.~
Name of Notary: MA R.l. ~I'l B. GR.e:~ Ii 'ltom()"'~
Commission Number(if not legible on seal):
My Commission Expires: (if not legible on seal):
MARIAN B GREEN
My Commission CC413441
Expire. Nov. 04. 1998
Bonded by ANB
800-852.6878