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Resolution 12-1307RESOLUTION NO. 12-I307 A RESOLUTION OF THE CITE' COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, APPROVING THE FLORIDA DEPARTMENT OF TRANSPORTATION SUBORDINATION OF CITE' UTILITY INTEREST FOR STATE ROAD 434 PROJECTS; PROVIDING FOR CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation ("FDOT") has requested the City of Longwood approve the Resolutions and Agreements relating to the subordination of City utility interest in S.R. 434 which subordination will allow the FDOT's Road Project to proceed; and WHEREAS, the City of Longwood is willing to approve such documents. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Longwood, Florida, as follows: Section I. The FDOT Subordination of City Utility Interest for Parcels 100 and 101 as described in the attached agreements are hereby approved by the City of Longwood City Commission. Section II. Conflicts. Any resolutions or policies in conflict herewith are hereby repealed. Section III. This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS �� DAY OF �`� � _ A.D., 2012. o rso atyorr AT Sarah M. Miraus, MMC, MBA, City Clerk Approved as to from and legality for the use and reliance of the City of Longwood, Florida, only. 23-UTL04-10/11 February 22, 2012 This instrument prepared by LYNN W. BLAIS Under the direction of FREDRICK W. LOOSE, ATTORNEY Department of Transportation 719 South Woodland Boulevard Deland, Florida 32720-6834 PARCEL NO. 101.5R SECTION 77120 F.P. NO. 2402334 STATE ROAD 434 COUNTY SEMINOLE SUBORDINAT ION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this day of 1 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the F.D.O.T., and City of Longwood, Florida, 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. 101 SECTION 77120 F.P. NO. 240233 4 RIGHT OF WAY That part of: " TRACT 1 Parcel ID No. 31-20-30-300-0350-000 From the point of intersection of the East line of the West 1103,36 feet of the SE 1/4 of the SW 1/4 of Section 31, Township 20 South, Range 30 East, Seminole County, Florida, and the Northerly Right -of -Way line of State Road 434, run North parallel with the East line of said SE 1/4 of the SW 114 a distance of 766.37 feetto the Southerly Right -of -Way line of Warren Avenue, thence run N.89°37'41"E., along said Southerly Right -of -Way line 439.80 feet for a POINT OF BEGINNING; thence run S.00°03'49"E., 486.35 feet; thence run N.89°54'54"E., 38.63 feet, thence run Southeasterly along a curve concave Southwesterly, having a radius of 92.50 feet, a central angle of 60°20'00 a chord bearing of S.59°55'06"E., for an arc distance of 97.40 feet, thence run S.29°45'06"E., 29.33 feet, thence run Southeasterly along a curve concave Northeasterly having a radius of 102.00 feet, a central angle of 59°55'47", a chord bearing of S.89°42'59"E., for an arc distance of 106.69 feet, thence run S.89°40'53"E., 24.10 feet, thence run Southeasterly along a curve concave Southwesterly having a radius of 23.00 feet, a central angle of 88°49'38", a chord bearing of S.45°16'02"E., for an arc distance of 35.66 feet, thence run S.00°51'13"E., 110.26 feet, thence run Southwesterly along a curve PARCEL NO. 101.5R SECTION 77120 F.P. NO. 2402334 PAGE 2 concave Northwesterly having a radius of 35.00 feet, a central angle of 50°09'28", a chord bearing of S.24°13'31"W., for an arc distance of 30.64 feet, to the Northerly Right -of -Way line of State Road 434, thence run N.89°43'24"E., along said Northerly Right -of -Way line, 95.62 feet, thence run Northwesterly along a curve concave Northeasterly having a radius of 35.00 feet, a central angle of 50°49'46", a chord bearing of N.26'1T19"W., for an arc distance of 31.05 feet, thence run N.00°52'26"W., 114.60 feet, thence run Northeasterly along a curve concave Southeasterly having a radius of 16.00 feet, a central angle of 90°58'07", a chord bearing of N.44°36'37"E., for an arc distance of 25.40 feet, thence run S.89°54'19"E., 334.16 feet, thence run N.00°05'41"E., 290.11 feet, thence run N.89'59'45"W., 171.70 feet, thence run N.00°00'15"E., 325.40 feet to the Southerly Right -of -Way line of Warren Avenue, thence run S.89°37'41"W., along said Southerly Right -of -Way line 518.16 feet to the Point of Beginning." TRACT 3 Parcel ID No. 31-20-30-511-01-00-0000 From the intersection of the East line of the West 1103.36 feet of the SE 1/4 of the SW 1/4 of Section 31, Township 20 South, Range 30 East, Seminole County, Florida, and the Northerly Right -of -Way line of State Road 434, run S.89'06'41 "E., along said Northerly Right -of -Way line of State Road 434, a distance of 79.01 feet, thence run Easterly along said Northerly Right -of -Way line of State Road 434 and a curve concave Northerly, having a radius of 11,459.16 feet, a central angle of 01 °09'55", a chord bearing of S.89°41'39"E., for an arc distance of 233.06 feet, thence run N.89°43'24"E., along said Northerly Right -of -Way line, 481.96 feetfora POINT OF BEGINNING, thence run Northwesterly along a curve concave Northeasterly having a radius of 35.00 feet, a central angle of 50°49'46", a chord bearing of N.26°17'19"W., for an are distance of 31.05 feet, thence run N.00°52'26"W., 114.60 feet, thence run Northeasterly along a curve concave Southeasterly, having a radius of 16.00 feet, a central angle of 90°58'07", a chord bearing of N.44°36'37"E., for an arc distance of 25.40 feet, thence run S.89'54'19"E., 334.16 feet, thence run N.00°05'41"E., 290.11 feet, thence run S.89°59'45"E., 371.42 feet to the New West Right -of -Way line of West Lake Avenue, thence run S.00°11'07"W., 425.89 feet, thence run S.44°57'16"W., 25.56 feet to the Northerly Right -of -Way line of State Road 434, thence run S.89°43'24"W., along said Northerly Right -of -Way line 687.61 feet to the Point of Beginning." 66 Tract 2 Parcel /D No. 39-20-30-300-0350-0000 Beginning at the Intersection of the East line of the West M 03.36 feet of the SE 1/4 of the SW 1/4 of Section 31, Township 20 South, Range 30 East, Seminole County, Florida, and the Northerly Right -of -Way line of State Road 434, run North parallel with the East line of said SE 114 of the SW 1/4, a distance of 766.37 feetto the Southerly Right -of -Way line of Warren Avenue, thence run N.89°37'41"E., along said Southerly Right -of -Way line 439.80 feet; thence run S.00°03'49"E., 486.35 feet, thence run N.89°54'54"E., 38.63feet, thence run Southeasterly, along a curve concave Southwesterly having a radius of 92.50 feet, a central angle of 60°20'00", a chord bearing of S.59°55'06"E., for an arc distance of 97.40 feet, thence run S.29°45'06"E., 29.33 feet, thence run Southeasterly along a curve concave Northeasterly having a radius of 102.00 feet, a central angle of 59°55' 47", a chord bearing of S.59°42'59"E., for an arc distance of 106.69 feet, thence run S.89°40'53"E., 24.10 feet, thence run Southeasterly along a curve concave Southwesterly having a radius of 23.00 feet, a central angle of 88°49'38", a chord bearing of S.45°16'04"E., for an are distance of 35.66 feet, thence run S.00-5113"E., 110.26 feet, thence run Southwesterly along a curve concave Northwesterly having a radius of 35.00 feet, a central angle of 5WO9'28", a chord bearing of S.24°13'31"W., for an arc distance of 30.64 feet to the Northerly Right - of -Way line of State Road 434, thence run S.89°43'24"W., along said Northerly Right -of -Way line 386.34 feet, thence continue Westerly along said Right -of -Way PARCEL NO. 101.5R SECTION 77120 F.P. NO. 2402334 PAGE 3 and a curve concave Northerly having a radius of 11,459.16 feet, a central angle of 01 °09'55", a chord bearing of N.89°41'39" VV., for an arc distance of 233.06 feet, thence continue along said Right -of -Way N.89°06'41"W., 79.01 feetto the Point of Beginning." Being a portion of those certain lands as described in Official Records Book 3349, Page 374 of the Public Records of Seminole County, Florida. Being described as follows: Commence at a railroad spike with no identification, marking the Southwest corner of Section 31, Township 20 South, Range 30 East, Seminole County, Florida; thence N 00' 21' 18" W along the West line of said Section 31, a distance of 94.99 feet to a point on the existing Northerly Right of Way line of State Road 434, as shown on Florida Department of Transportation Right of Way Map, Section 77120, F.P. No. 240233 4; said point also being a point on a curve, concave Southerly, having a radius of 11599.13 feet, a chord distance of 212.43 feet and a chord bearing of S 89' 37' 52" E; thence departing said West line, run Easterly along said Northerly Right of Way line and the arc of said curve though a central angle of 01 ° 02' 58", a distance of 212.44 feet to the point of tangency thereof; thence continue along said Northerly Right of Way line the following courses and distances: S 89' 06' 23" E, a distance of 853.21 feet; thence S 88' 57' 00" E a distance of 637.32 feet; thence S 88' 53' 29" E, a distance of 535.87 feet to a point on the East line of the West 1103.36 feet of the Southeast 1/4 of the Southwest 1/4 of said Section 31 and the POINT OF BEGINNING; thence departing said Northerly Right of Way line, run N 00' 15' 00" E along said East line, a distance of 13.00 feet; thence departing said East line, run S 88° 53' 29" E, a distance of 84.10 feet to the point of curvature of a curve, concave Northerly, having a radius of 11377.75 feet, a chord distance of 231.87 feet and a chord bearing of S 89' 28' 31" E; thence run Easterly along the arc of said curve through a central angle of 01 ° 10' 04", a distance of 231.88 feet to the point of tangency thereof, thence N 89' 56' 27" E, a distance of 361.43 feet; thence N 47' 57' 13" E, a distance. of 13.45 feet; thence N 89° 56' 27" E, a distance of 117.76 feet; thence S 630 29' 39" E, a distance of 11.18 feet; thence N 8.9' 56' 27" E, a distance of 683.57 feet to a point on the existing Westerly Right of Way line of Westlake Avenue (N. Milwee Street):and the East line of Tract 3 as described in Official Records Book 3349, Page 374 of the Public Records of Seminole County, Florida; thence S 45' 09' 52" W along said Westerly Right of Way line, a distance of 24.14 feet to a point on aforesaid Northerly Right of Way line of State Road 434; thence departing said Westerly Right of Way line, run S 89' 56' 27" W along said Northerly Right of Way line, a distance of 1165.63 feet to the point of curvature of a curve, concave Northerly, having a radius of 11390.75 feet, a chord distance of 232.14 feet and a chord bearing of N 89° 28' 31" W; thence run Westerly along said Northerly Right of Way line and the arc of said curve through a central angle of 01 ° 10' 04", a distance of 232.14 feet to the,point of tangency thereof; thence N 88' 53' 29" W, a distance of 83.90 feet to a point on the aforesaid East line of the West 1103.36 feet of the Southeast 1/4 of the Southwest 1/4 of Section 31 and the POINT OF BEGINNING. Containing 0.534 Acres, more or less. This legal description prepared under the direction of: Sheila A. Ware, P.S.M. Florida Registration No. 5529 Bowyer -Singleton & Associates, Inc. 110 West Indiana Ave., Suite 102 Deland, Florida 32720 Date: November 14, 2011 PARCEL NO. 101.5R SECTION 77120 F.P. NO. 2402334 PAGE4 RECORDED O.R. INSTRUMENT DATE FROM TO BOOK/PAGE Easement 02/27/89 Health Services City of Longwood, 1822/1652 Acquisition Corp. Florida PROVIDED that the City has the following rights: 1. The City shall have the right to construct, operate, maintain, improve, increase, upsize, add to, upgrade, remove, and relocate existing and new utilities and facilities ("Changed 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 this subordination is executed; provided that to the extent F.D.O.T.'s current minimum standards increase the cost of the Changed Facilities beyond what the cost would be without such minimum standards, the F.D.O.T. shall pay such cost. Any Changed 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 Changed Facilities or if the F.D.O.T. requires the City to alter, adjust, or relocate facilities located within said lands, the F.D.O.T. hereby agrees to pay the fees, costs and expenses of such alteration, adjustment, or relocation, including, but not limited to the fees, costs and expenses Of acquiring any easements necessary to accommodate the Changed Facilities. Acquisition of any new easements shall be timely undertaken and completed by F.D.O.T. 2. Utility permits may be required for Changed Facilities or alterations, adjustments or relocations required by F.D.O.T provided that such permits shall be issued to the City at no charge or in the event of any charges, F.D.O.T. shall pay such. In the event of any conflict between the terms and conditions of those Utility permits and this Agreement, the terms of this Agreement shall control. 3. The City and its franchisees and grantees shall have the 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 or Changed Facilities, provided that such rights do not unreasonably interfere with the operation and safety of the F.D.OT.'s facilities, and if such would unreasonably interfere, the provisions of paragraphs 1 and 2 above apply. 4. The City agrees to repair any damage caused by the City to F.D.O.T. facilities that is not a necessary part of activities of the City that are authorized under this Agreement; provided that nothing in this Paragraph 4 shall relieve the City from the obligations and limits placed on the City by the other terms and conditions of this Agreement. PARCEL NO. 101.513 SECTION 77120 F.P. NO. 2402334 PAGE 5 IN WITNESS WHEREOF, the F.D.O.T. hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence of witnesses: SIGNATURE LINE PRINT/TYPE NAM SIGNATURE LINE PRINT/TYPE NAME: STATE OF FLORIDA COUNTY OF VOLUSIA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Frank J. O'Dea, P.E. District Director Of Transportation Development for District Five 719 S. Woodland Blvd. De Land, Florida 3M0 Legal Review By: Office of the General Counsel Theforegoinginstrumentwasacknowledged before methis dayof by Frank J. O'Dea, P:E., District Director of Transportation Development for District Five, who is personally known to eme or who has produced as identification. PRINT/TYPE.NAME: 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 by Florida Law l - SIGNATURE LINE P NTFfYPENAME:NR TIC W1Ni� j-�'eir� S lSNATURE LINE 1 PRINT/TYPE NAME: l CITY OF'LONGWOOD, FLORIDA, By Its Board of City � - V�w 0 SOO 0 1 - I.A. Clark (or Deputy Clerk) PARCEL NO. 101.5R SECTION 77120 F.P. NO. 2402334 PAGE 6 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this 7� day of If ` by Chairperson (or Vice -Chairperson), who is personally known to me or who has produced as identification. CORRfN:FAIL =t; r MY COMMISSIO70919EXPIRES: J13�`Bonded Thru Notaryderwriters PRINT/ YPE NAME: Chi ,! V c v%y< P e/-- + Notary Public in and for the County and State last aforesaid. My Commission, Expires: :) vv, -t- '`( 1 Serial No., if any: =vp V- -1 C) ri r 23-UTL04-10/11 February 22, 2012 This instrument prepared by LYNN W. BLAIS Under the direction of FREDRICK W. LOOSE, ATTORNEY Department of Transportation 719 South Woodland Boulevard DeLand, Florida 32720-6834 PARCEL NO. 100.3R SECTION 77120 F.P. NO. 2402334 STATE ROAD 434 COUNTY SEMINOLE SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the F.D.O.T., and City of Longwood, Florida, hereinafter called City. VVITNESSE 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 facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, inconsideration 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. 100 RIGHT OF WAY That part of: "PARCEL 1: SECTION 77120 F.P. NO. 240233 4 The East 103.9 feet of the West 429.9 feet of the North 265 feet of the Northeast 1/4 (LESS South 140 feet of the East 59.9 feet) of Section 6, Township 21 South, Range 30 East, Seminole County, Florida." Being a portion of those certain lands as described in Official Records Book 3691, Page 496 of the Public Records of Seminole County, Florida. Being described as follows: Commence at a railroad spike with no identification, marking the Northwest corner of Section 6, Township 21 South, Range 30 East, Seminole County, Florida; thence N 89' 54' 59" E along the North line of said Section 6, a distance of 2521.70 feet to the North 1/4 corner of said Section 6; thence departing said North line, run S 00' 18' 51" E along the East line of the Northwest 114, a distance of 39.91 feet, to a PARCEL NO. 100.3R SECTION 77120 F.P. NO. 2402334 PAGE 2 point on the existing Southerly Right of Way line of State Road 434, as shown on Florida Department of Transportation Right of Way Map, Section 77120, F.P. No. 240233 4; said point also being a point on a curve, concave Northerly, having a radius of 11753.74 feet, a chord distance of 44.08 feet and chord bearing of S 89' 58' 42" E; thence departing said East line, run Easterly along said Southerly Right of Way line the following courses and distances: run along the arc of said curve through a central angle of 00' 12' 54", a distance of 44.08 feet to the point of tangency thereof; thence N 89' 54' 51" E, a distance of 331.65 feet to the POINT OF BEGINNING; thence N 89° 54' 51" E, a distance of 37.34 feet to a point on the existing Westerly Right of Way line of Florida Central Parkway per plat of Florida Central Commerce Park as recorded in Plat Book 27, Page 53 of the Public Records of Seminole County, Florida; thence departing said Southerly Right of Way line, run S 00° 20' 05" E along said Westerly Right of Way line, a distance of 30.24 feet; thence departing said Westerly Right of Way line, run N 51° 1V 06" W, a distance of 48.15 feet to a point on aforesaid Southerly Right of Way line of State Road 434 and the POINT OF BEGINNING. Containing 565 Square feet, more or less. This legal description prepared under the direction of., Sheila A. Ware, P.S.M. Florida Registration No. 5529 Bowyer -Singleton & Associates, Inc. 110 West Indiana Ave., Suite 102 Deland, Florida 32720 Date: November 14, 2011 RECORDED INSTRUMENT DATE FROM TO O.R. BOOK/PAGE Sewer Use 04/27/89 The Firestone Tire City of Longwood, 2065/1832 Agreement & Rubber Company Florida Water Line 04/27/89 Andrew J. Barfield, 2065/1843 Easement et al PROVIDED that the City has the following rights: 1. The City shall have the right to construct, operate, maintain, improve, increase, upsize, add to, upgrade, remove, and relocate existing and new utilities and facilities ("Changed 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 this subordination is executed; provided that to the extent F.D.O.T.'s current minimum standards increase the cost of the Changed Facilities beyond what the cost would be without such minimum standards, the F.D.O.T. shall pay such cost. Any Changed 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 Changed Facilities or if the F.D.O.T. requires the City to alter, adjust, or relocate facilities located within said lands, the F.D.O.T. hereby agrees to pay the fees, costs and expenses of such alteration, adjustment, or relocation, including, but not limited to the fees, costs and expenses of acquiring any easements necessary to accommodate the Changed Facilities. Acquisition of any new easements shall be timely undertaken and completed by F.D.O.T. 2. Utility permits may be required for Changed Facilities or alterations, adjustments or relocations required by F.D.O.T provided that such permits shall be PARCEL NO. 100.3R SECTION 77120 F.P. NO. 2402334 PAGE 3 issued to the City at no charge or in the event of any charges, F.D.O.T. shall pay such. In the event of any conflict between the terms and conditions of those utility permits and this Agreement, the terms of this Agreement shall control. 3. The City and its franchisees and grantees shall have the 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 or Changed Facilities, provided that such rights do not unreasonably interfere with the operation and safety of the F.D.OT.'s facilities, and if such would unreasonably interfere, the provisions of paragraphs 1 and 2 above apply. 4. The City agrees to repair any damage caused by the City to F.D.O.T. facilities that is not a necessary part of activities of the City that are authorized under this Agreement; provided that nothing in this Paragraph 4 shall relieve the City from the obligations and limits placed on the City by the other terms and conditions of this Agreement. IN WITNESS WHEREOF, the F.D.O.T. hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence of witnesses: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: SIGNATURE LINE Frank J. O'Dea, P.E. PRINTRYPE NAME: District Director Of Transportation Development for District Five SIGNATURE LINE 719 S. Woodland Blvd. PRINT/TYPE NAME: Deland, Florida 32720 Legal Review Office of the General Counsel STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of by Frank J. O'Dea, P.E., District Director of Transportation Development for District Five, who is personally known to me orwho has produced as identification. PRINT/TYPE NAME: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: PARCEL NO. 100.3R SECTION 77120 F.P. NO. 2402334 PAGE 4 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 by Florida Law SIGNATURE LINE P (T/TYPE NAME: P'N r\1' rGNATURE LINE PRINT/TYPE NAME:, 1 STATE OF FLORIDA CITY OF LONGWOOD, FLORIDA, Clerk (Dr Deputy Clerk) COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this =; day of t��i ' ' 2�, by , Chairperson (or Vice -Chairperson), who is personally known to me or who has produced t�t 1-y, �n >>� as identification. ' r;OFlRINNE FAIL ;�+'pG PRINT/TYPENAME: LJYY�LA r^ �� C`� ' � = MY cOkuSSION # L)D 870919 Notary Public in and for the *i *` EXPIRES: June 4, 2013 County and State last aforesaid. %� Bonded Thru Notary Public Underwriters u .,� L`. l ,�oFr,,. My Commission Expires: Serial No., if any: 7� �s ,� U �l �� UTL05-09/01 February 22, 2012 This instrument prepared by LYNN W. BLAIS Under the direction of FREDRICK W. LOOSE, ATTORNEY Department of Transportation 719 South Woodland Boulevard DeLand; Florida 32720-6834 PARCEL NO. 101.5R SECTION 77120 F.P. NO. 2402334 STATE ROAD 434 COUNTY SEMINOLE RESOLUTION A RESOLUTION OF THE CITY OF LONGWOOD, FLORIDA, APPROVING SUBORDINATION OF CITY UTILITY INTEREST TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE STATE ROAD 434 PROJECT CONCERNING PARCEL NUMBERS 100.3,AND 101.5. ON MOTION of Commissioner by Commissioner Resolution was adopted: _,seconded the following WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 434, Section No. 77120, F.P. No: 240233 4, in Seminole County, Florida: and WHEREAS, it is necessary that certain easement rights now owned by the City of Longwood, 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 Longwood, 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 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. 101.5R SECTION 77120 F.P. NO. 2402334 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 Longwood, Florida, at a meeting held on the day of Clerk, Board of City Commissioners City of Longwood, Florida