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HomeMy WebLinkAbout2003-268 VFW >re4� ,r d should 1ne the C42,,xxty �I;�+CDiF�S ar G+ tsx �kL`�y gy�� 1 .y V " >� o Raac� 1487005 Q THIS DOCUMENT HAS BEEN RECORDED ¢ " " IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL ORIGURL BK : 1652 PG : 464 , Pagel of 4 10/29/2003 at 03 :05 PM , JEFFREY K BARTON , CLERK OF AGREEMENT COURT Re : TEMPORARY WATER SERVICE CONNECTION AND PARTICIPATION IN FUTURE SPECIAL ASSESSMENT PROGRAM THIS AGREEMENT, effective this 14thday of _October, 2003 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, Florida 32960 (COUNTY) and Harold F. and Sheri L . Reichert, whose address is 13415 Indian River Drive, Sebastian, Fl 32958 (OWNER) . (COLLECTIVELY OWNER) . BACKGROUND RECITALS A. OWNER desires to have temporary water service ("temporary connection") made available to property located at 13415 Indian River Drive, Sebastian, Florida, and more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter "Property") before the COUNTY installs water lines on Indian River Drive . (This property has frontages on both Indian River Drive and Old Dixie Highway) . B . COUNTY requires the OWNER to pay certain fees immediately at the time of the installation of temporary connection and to participate in certain costs of the special assessment line when the COUNTY undertakes the special assessment project, NOW, THEREFORE , for and in consideration of the mutual covenants contained herein, the receipt of which is hereby acknowledged, COUNTY and OWNER agree as follows : 1 . The background recitals are true and correct and form a material part of this Agreement . 2 . OWNER shall pay, on signing this Agreement, the following amount per Equivalent Residential Unit (ERU) : Capacity Charge $ 11300 . 00 Tap Fee ( 1 V2-inch) $ 810 . 00 Security Deposit $ 50 . 00 Recording Fee (This Agreement) $ 19 . 50 Meter Fee 1 % - inch $ 500 . 00 Inspection Fee $25 . 00 Total $29704. 50 3 . COUNTY shall make service available for OWNER from a water main on Old Dixie Highway, and OWNER shall make a connection from the Property to a temporary water connection point of COUNTY ' S choosing . When service is available from the special F: \Utilities\UTILITY - EMPLOYEE FOLDERS\Dan Chastain\REICHERT Temp Water Agreement OLD DIXIE HWY. doc Pagel of 4 [Form approved by County Attorney and Utilities Department 2/20021 ` assessment line , OWNER may be required to disconnect from the temporary connection and to reconnect to the special assessment line . Any such reconnection shall be at the sole expense of the OWNER, except that the OWNER shall not have to pay the capacity charge , security deposit, or meter fee again . 4 . Whether OWNER is required to reconnect to the special assessment line or remain connected to the temporary connection, OWNER shall participate in the cost of the special assessment project for line extension charges and other costs related to the special assessment . By accepting the temporary connection, OWNER waives any right to contest the receipt of special benefit from the special assessment project . In addition, OWNER ' s signature on this Agreement may be considered to be an affirmative vote for construction of the special assessment line . 5 . This Agreement shall be recorded in the official records of Indian River County, Florida, and shall be a covenant running with the land . This Agreement shall bind the OWNER, jointly and severally, and the OWNER ' s heirs , successors, and assigns . IN ITNESS EREOF , the parties hereto have :ex;ecuted this Agreement, e ctive as of th a rst ritt above . By G fitness Hariolil F . Reichert Sign 0 Witness C�I�srcir� Ge28e,Q Print name : 1 L 1 Sign . _ ` I By (�� yrrTed Sheri L. Reichert Sign Printed narCrs- nhe, �'ca2/✓ �/� F: \Utilities\UTILITY - EMPLOYEE FOLDERS\Dan ChastaimRPICHERT Temp Water Agreement OLD DIXIE HWY.doc Page 2 of 4 [Form approved by County Attorney and Utilities Department 2/2002] STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me thiso day of 2003 , by Harold F . Reichert and Sheri L . Reichert , who are personally known o me or who produced Florida Driver ' s License as identification NOTARY PUBLIC Peggy J. Meadows Commission # DD20176 gn Expires : Apr 09, 200 1 Bonded nru Pante a S Stamped Seal & Commission ' Atlantic Bonding Co. , Inc. Expiration Date ' Rat a� p 'rb! INDIAN ER COUNTY, FLORIDA ryI' Tq 1:3 tV T Attestsor�,45 By its and of Coun missioner yrvk n'r,"r ' A r ,3. m B r By v xeputy 4 Ierkr,- p enneth Macht , hairman Approved by BCC 10 - 14 - 2003 aFrak'rpP, �lP��°�pP Approved for form and legal ffi iency: Z, Asst . ou rn F: \Utilities\UTILITY - EMPLOYEE FOLDERS\Dan Chastain\REICHERT Temp Water Agreement OLD DIXIE HWY doe Page 3 of4 [Form approved by County Attorney and Utilities Department 2/2002] 1 ,: EXHIBIT "A" Legal Description : A POR OF Gov Lot 7 , SEC 25 30 38 , BEING MORE PART DESCRIBED AS FOLLOWS : COMM AT THE NW COR OF A PCL DESC IN OR BK 570 PG 620 , SAID NW COR BEING A PT LYING ON ELY R/W LINE OF OLD DIXIE HWY, A 50 . 0 FT WIDE R/W, SAID PT ALSO BEING APPROXIMATELY 815 . 26 FT NWLY OF INTERSECTION OF E R/W LINE OF OLD DIXIE HWY & N LINE OF RIVERVIEW SUB PBI 2 — 95 ; TH S 21 DEG 45 MIN 15 SEC E. ALONG SAID ELY R/W LINE OF SAID OLD DIXIE HWY, 389 . 74 FT ; TH S 24 DEG 50 MIN 15 SEC E. ALONG SAID ELY R/W LINE , 225 . 64 FT TO NW COR OF SAID PCL G ; TH N 65 DEG 41 MIN 12 SEC E. 303 . 97 FT TO POB & NW COR OF SAID PCL ` I ' : TH N 65 DEG 40 MIN 00 SEC E ALONG THE N LINE OF PCL ` I ' , 298 . 12 FT TO NE COR OF SAID PCL ` I ' , TH S 24 DEG 19 MIN 00 SEC E ALONG E LINE OF PCL ` I ' , SAID E LINE ALSO BEING W R/W LINE OF OLD US HWY # 1 , 100 . 08 FT TO SE COR OF PCL ` I ' ; TH S 65 DEG 41 MIN 08 SEC W, 298 . 12 FT TO SW COR OF PCL ` I ' ; TH N 24 DEG 19 MIN 08 SEC W, 99 . 98 FT TO POB , AKA PCL ` I ' . Parcel Number: 30 38 25 00000 0070 00007 . 7 Property Address : 13415 Indian River Drive SEBASTIAN, FL 32958 Exhibit - A F:\Utilities\UTILITY - EMPLOYEE FOLDERS\Dan Chastain\REICHERT Temp Water Agreement OLD DIXIE HWY. doc