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<br />RESOLUTION 08-1899 <br /> <br />"A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING THE <br />EXECUTION OF QillTCLAIM DEED(S) AND SUBORDINATION OF UTILITY <br />INTERESTS AGREEMENT(S) BETWEEN THE CITY OF CASSELBERRY AND THE <br />FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT); PROVIDING FOR <br />CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE." <br /> <br />WHEREAS, the SR 436 I Red Bug Lake Road Flyover Project is in the final engineering/design phase and <br />is scheduled to begin construction during the summer of 20 I 0; and <br /> <br />WHEREAS, FDOT has identified twenty-one (21) separate parcels requiring Quitclaim Deed(s) and three <br />(3) separate parcels requiring Subordination of Utility Interests Agreement(s), which are included with the proposed <br />SR 436 I Red Bug Lake Road Flyover Project, adjacent to Red Bug Lake Road, which are encumbered by City utility <br />easements, (Parcel No.'s 103.5, 104.3, 105.4, 106.4, 107.3, 108.5,109.3, 110.3, 111.4, 112.3, 113.3, 114.4, 115.3, <br />116.4,117.2,118.3,119.2,120.3,121.3, 122.2R, 122.3, 123.3R, 123.4, and 129.3); and <br /> <br />WHEREAS, in order to construct the road improvement project, the City's underground utilities adjacent <br />to Red Bug Lake Road will need to be relocated during construction activities by the road construction contractor; and <br /> <br />WHEREAS, as per the proposed Quitclaim Deed(s) and Subordination of Utility Interests Agreement(s), <br />FDOT will pay the costs to relocate the utilities, when necessary; and <br /> <br />WHEREAS, the City Attorney and City staff have reviewed the twenty-one (21) separate Quitclaim <br />Deed(s) and the three (3) separate Subordination of Utility Interests Agreement(s) presented herein and find each <br />Deed and Agreement favorable to the City. <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF <br />CASSELBERRY, FLORIDA, AS FOLLOWS: <br /> <br />SECTION I. The City Commission of the City of Casselberry hereby approves the Quitclaim Deed(s) and <br />Subordination of Utility Interests Agreement(s) between the City of Casselberry and FDOT for twenty-four separate <br />parcels, (attached as Exhibit "A" through Exhibit "X"), and authorizes the Mayor to execute said document(s) on <br />behalf ofthe City. <br /> <br />SECTION II. Conflicts. All Resolutions or parts of Resolutions in conflict with any ofthe provisions of this <br />Resolution are hereby repealed. <br /> <br />SECTION m. Severability. If any Section or portion of a Section of this Resolution proves to be invalid, <br />unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other <br />Section or part ofthis Resolution. <br /> <br />SECTION IV. Effective Date. This Resolution shall become effective immediately upon its passage and <br />adoption. <br /> <br />PASSED and ADOPTED this li!'H/dayof I~ 0 <br /> <br /> <br />1jST: <br />~J!~ <br /> <br />Donna G. Gardner <br />City Clerk <br />