HomeMy Public PortalAboutUtility Easements - Benchmark Crestview Commons and FDOTThis instrument prepared by,
or under the direction of,
Cary Hawkins
Department of Transportation
P. O. Box 607
Chipley, FL 32428
Legal description approved by:
SUBORDINATION OF UTILITY INTERESTS
THIS AGREEMENT is entered into on , 2022, by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) whose address is Post Office Box
607, Chipley, Florida 32428, and Citv of Crestview whose address is
(Utility) and Benchmark Crestview Commons LLC, a
Florida limited liabilitv comoanv whose address is 4053 Maole Road #200. Amherst, NY 14226
(Current Property Owner).
WITNESSETH:
WHEREAS, the Utility presently has an interest in land that is necessary for highway purposes
and the Utility may have facilities located on the land described in "Exhibit A" attached hereto and
incorporated herein by this reference (the "Land").
WHEREAS, the proposed use of the land for highway purposes will require subordination by
the Utility to the FDOT of the interest claimed in the land.
WHEREAS, Benchmark Crestview Commons LLC is willing to pay to have the Utility's
facilities, if any, relocated, if necessary to prevent conflict with the facilities property being donated by
Benchmark Crestview Commons LLC to FDOT for turning lanes.
THEREFORE, in consideration of the mutual covenants and promises of the parties,
Benchmark Crestview Commons LLC, the Utility and the FDOT agree as follows:
1. The Utility subordinates to FDOT, its successors or assigns, its interest in land as described in
"Exhibit A"
The interest of the Utility being subordinated includes, but is not necessarily limited to, the
interest created by the following described document:
RECORDED:
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INSTRUMENT
Easement
Easement
DATE FROM
12/28/1973 Rosa Anna S
Parsons
12/20/1979
TO BOOK/PAGE
City of Crestview Book 747,
Page 270
Alvin McCain & Wife, City of Crestview Book 1088,
Faye S. McCain Page 1422
2. The Utility shall have the right to relocate its facilities within the FDOT right of way and the right
to receive reimbursement from Benchmark Crestview Commons LLC for the relocation.
Subsequent to the relocation, the Utility shall have the right to operate and maintain its facilities
within the FDOT right of way, subject to the provisions of the permit and the Utility
Accommodation Manual. All work performed and facilities located within the right of way by the
Utility shall be in accordance with the FDOT's construction plans for the project and the rules,
procedures, and Utility Accommodation Manual, which are in effect at the time this agreement
is executed by the Utility.
3. Notwithstanding the terms of this subordination agreement, the terms of the utility permits shall
supersede any conflicting provisions, with the exception of the terms providing for
reimbursement rights.
4. The Utility shall have the right to enter upon the right of way for the purposes stated in
Paragraph 2. Maintenance of the facilities shall include the right to trim trees, brush, and
growth, which might adversely affect the facilities, provided there are no adverse effects on the
operation and safety of the FDOT's facilities.
5. The Utility agrees to repair any damage to Florida Department of Transportation facilities and
to indemnify the Florida Department of Transportation against any loss or damage resulting
from the Utility exercising its rights outlined in Paragraphs 2 and 4 above.
IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year
first above written.
Signed, sealed and delivered
in the presence of witnesses:
Krissy Cook
Barbie Pettis
STATE OF FLORIDA
COUNTY OF WASHINGTON
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
By:
Phillip Gainer, P. E.
Title: District Secretary
for District 3
K,
The foregoing instrument was acknowledged before me, by means of ❑ physical presence
or ❑ online notarization, this day of , 2022 , by Phillip Gainer, as Secretary for
District 3, who is personally known to me or who has produced as
identification.
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
3
IN WITNESS WHEREOF, the Utility has caused these presents to be executed in its name,
and its Corporate Seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day
and year first above written.
ATTEST: ° i�
Its C ;�'t-�Q, ecretary
Signed, sealed and delivered in
the presence of: (Two witnesses
or Corporate Seal required by
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Florida Law) .•`%F GREST�;'•,,
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