Utility Subordinations “An Overview”
PRESENTED BY: • Jim Lormann – EMBARQ Real Estate Manager III Real Estate Transactions & Anaylsis • Trisha Miller – D5 FDOT D5 Utilities Project/Value Manager
WHAT IS IT? • Subordination of Utility Easement interest, from the Utility Owner to the FDOT. • This occurs when FDOT buys part, or all of a private parcel, which has a Utility Easement within it.
THE ATTACHMENTS • The Recorded Utility Easement • The Sketch of the Parcel
WHAT‘s IN IT FOR ME? • If a Utility Owner has property rights through an easement on a private parcel, FDOT WILL PAY for any relocation required. • This applies to the CURRENT project underway, and any FUTURE project which may create additional relocation.
THE PROCESS, FDOT • The Department will send to the UAO with all the attachments • Then UAO executes and sends back to the Department • The Department sends it to the Clerks Office for recording • Once recorded the Department will forward back to the UAO
THE PROCESS, UAO • The UAO receives document • The UAO reviews document • The UAO routes to internally impacted groups (i.e. engineering) for review and comments. • The UAO contacts FDOT to discuss any outstanding issues with FDOT. • The UAO negotiates with FDOT on reimbursement amount and any other terms or conditions.
THE PROCESS,UAO (cont.) • The UAO routes the Document to Legal for review and approval. • The UAO routes document for approval and execution. • The UAO returns approved documents including cost estimates to FDOT • The UAO sets up relocation project for tracking.
WHAT’s THE RUSH? • FDOT Right of Way needs to have parcels executed and closed before they can certify the right of way as “clear”. • To accomplish this, they must address all easement interests within the parcel.
Lessons Learned • FDOT must assure that all Utility Subordination packages are complete when they go out to the Utility Owners. • The UAO’s need to get them through their engineering and legal departments to expedite a timely response. • The Subordination must be executed by a Vice President or President of a private Utility Owner. If it is a City/County owned utility, it must go to Commission/Council for approval and execution.