HomeMy WebLinkAbout2009-128 C �'09 %8
AMEG
NDED AREE_,MENT FOR tJ 'I'ILITY EASEMEN "I'
THIS AMENDED AGREEMENT FOR THE UTILITY EASEMI`N 'f (the
" Agreement") , entered into this 5th day of Maw2009 , by GRAND 11ARI3OR NORTII
I , AND LLC , a Delaware corporation , whose mailing address is 4755 South Harbor Dr . Vero Beach , FI .
32960 hereinafter called " Grand I-tarbor" and INDIAN RIVER COUNTY , a political subdivision of
the State of Florida , whose mailing address is 1801 27 ` x' Street, Vero Beach , Florida , hereinafter called
" County . , ,
WITNESSETH
WHEREAS , Grand Harbor and the County entered into an Agreement for Utility
Easement ori December 4 , 2007 ; and
WHEREAS , the Agreement for the Utility Easemcnt was necessary as a result of' a
Grant of Restoration , Access and Recreation Easement dated May 3 , 2005 and amended February 6 ,
2007 ; and
WHEREAS , the Agreements and Easements were entered into so that the County could
construct a pipeline and other utilities to carry the brine discharge from the North County
Reverse
Osmosis drinking water plant to a site owned by Grand Harbor adjacent to the Indian River Lagoon for
treatment ; and
WHEREAS , the County has begun construction of the pipeline in the utility casement ;
and
WHEREAS , the County ' s consulting engineer and the contractor have discovered an
area of low mucky soil that cannot be used for construction of the pipeline but is contained
in a
portion of the previously granted Utility Easement ; and
WHEREAS , the parties find it desirable to amend the Agreement for the Utility
Easement dated December 4 , 2007 to provide an alternate route to avoid the low mucky soil
conditions ; and
WHEREAS , it is recognized the proposed alternate route could interfere with the tirture
development plans of Grand Harbor .
NOW , THEREFORE , in consideration of the mutual terms , conditions , promises ,
covenants and premises liereinafter, the County and Grand Harbor agree to amend the Agreement for
Utility Easement dated December 4 , 2007 , and grant a Temporary Utility Agreement over an alternate
route as follows :
1 . In order to avoid installing the pipeline in the currently provided location , the boundaries of the
Utility Easement are amended as depicted by the sketch and legal description attached as Exhibit " A "
and incorporated herein by reference and Grand Harbor grants to the County a Temporary Utility
Easement over the property described in Exhibit " A : . The alternate route may be utilized by
the
County for the construction of the utilities .
2 . At this time , the property subject to the Amended Agreement for the Temporary Utility
Easement described in Exhibit "A " is not developed . When , in the future , Grand Harbor develops their
property and the planned improvements conflict , in any way , with the utilities lying in the Temporary
Utility Easement, the County agrees to immediately move the utilities at the County ' s expense to
a
new utility easement , The planned improvements discussed above shall include , but not be limited to ,
any and all category of improvement , set back, cicarance distance and requirement that becomes
necessary by virtue of the temporary utility location , The parties agree that the provisions of
this
paragraph apply only to the land described in Exhibit "A " and not to the property described in
the
Agreement for Utility Easement dated December 4 , 2007 .
3 . Upon notice by the Developer to the County to move the pipeline , Grand Harbor shall grant a
new easement that , in its sole discretion , satisfies the requirements for its intended use . At such time
the County will abandon the Temporary Utility Easement granted herein as Exhibit " A " .
4 , Upon ten ( 10 ) days notice the County will move the pipeline within ninety (90 ) clays . Should
the County fail to move the pipeline, Developer will have the right to move the pipeline
at the
County ' s expense and shall not be responsible for any disruption to the County ' s brine osmosis system .
In addition , any cost incurred by the Developer from the delay to its development shall be borne by the
County .
5 . Should the "Temporary Utility Easement described in Exhibit " A " not conflict with the
Developers plan in any way , then the Developer will grant the County a permanent casement
as
described in Exhibit "A " .
6 . Upon the submission of a development plan for the property owned by the Developer,
the
County will not impose any condition that could be construed to protect the location of the Temporary
Utility Easement described in Exhibit " A" or cause an additional condition to be imposed to avoid
moving tilt pipeline described herein .
7 . Aside from the change in the location and the legal description of the easement , all the
terms
and conditions of the Agreement for the Utility Easement dated December 4 , 2007 remain in full force
and effect .
8 . This easement shall run with the land and be binding upon Grand Harbor , the County find their
heirs , successors and assigns , and remain in full force and effect , enforceable by the County and Grand
Harbor either by injunction or proceeding in equity or at law, subject to the conditions
contained
herein . The easement may be released by the County or Grand Harbor to the owners of the Property .
The easement shall be recorded and indexed in the same manner as any other instrument affecting the
title to real property .
IN WITNESS WHEREOF , the County and Grand Harbor has caused these presents to be
executed this 5th day of %y , 2009 .
GRAND HARBOR NORTH LAND LLC BOARD OF COUNTY COMMISSIONERS _
INDIAN IVER COUNTY , FLORIDA
BY : a
B
Bruce Osterhoudt , President Wesley S . Davis , Chairman
WITNES � � " ;� - � BCC Approved : 5 , 2009
WITNESS : :5�x �—
Approved :
h
BY :
oseph A . aird , County Admin stmtor
Approved as to form and legal sufficiency : Jeffi•e K . Barton , Clerk of Court
Attest :
Deputy County Attorney Deputy Clerk
STATE OF _ _A/& 0 �l�
COUNTY OF _ t).G4 -6:4U c
The foregoing instrument was acknowledged before me this c9y day of r, , 2009 by
3rvu VslerhOvdt of Grand Harbor Nortln Land L, L. 0 , a ��� cuQ✓,�
( name of officer or agent , tide of officer or agent) ( state or place of
corporation , on behalf of the corporation . I Ie is
incorporation )
personally known to me 14 has produced as identification .
( type of identification )
' ignature of person taking acknowledgment )
SUZY CHIN
( Name t)iped , printed or stamped ) Notary Public - State Of New York
NO . O1 CH6156389
Title or rank Qualified In Westchester County
Serial number, if any 11111011y Commission Expkess Nov 27 , 2010
Sketch of Legal Description
for Indian River County
of an Access & Utility Easement
at the Spoonbill Marsh Wetland Facility Site
Not Valid Without All Sheets
SURVEYORS NOTES
1 ) THE BEARING BASIS FOR THIS SKETCH IS THE SOUTH LINE OF THE NORTH RELIEF CANAL AS
DEPICTED, THE BEARING IS N89 25 "10 " W.
2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO
WHICH IT IS ATTACHED.
3) ALL DIMENSIONS ARE CALCULATED UNLESSS OTHERWISE NOTED.
4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD
OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17- 6, FLORIDA ADMINISTATIVE CODE, PURSUANT
TO SECTION 472. 027, FLORIDA STATUTES.
5) THIS SKETCH AND LEGAL CONTAINS 3 SHEETS (3) AND IS NOT COMPLETE OR VALID WITHOUT ALL
THREE SHEETS.
LOCA TION MAP
NOT TO SCALE
LEEN
RIW
D RIGHT— OF— WAY —
N0. NUMBER —
R RADIUS GOV- `°T 2
L LENGTH ,: t
CH CHORD DISTANCE = -- — — —,
CB CHORD BEARING
PSM PROFESSIONAL SURVEYOR AND —� ---t --»— --- - - - - - - - - - -
MAPPERall
i —
d DELTAAt
N NORTH Eat
S SOUTH — —L_ — : --
E EAST , r
W WEST
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n # .,
mtts tn - , asta
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I� — � �-J• i 1i - V
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Mesa
1119
31
SKETCH Or LEGAL DESCRIPTION Drawn by : Checked by File name Date Sheet Scale Drawing Name
" This is NOT a Boundary Surve CJG DMT I S710 . DEP 112 / 11 / 08 1 of 3 N / A 1571013RINELGL4
NOT VAUD YATHOUT THE S! GNAT11RE AND
Masteller, Moler Reed & Taylor, Inc. THE ORIGINALFD sEn�_ OF A FLORIDA
PROFESSIONW SURYEYO"4"DM,4PPERS UCEN��Ef� ' iRJc —YOR AND 1.1APP
LL". YE
PSURPINGBUSINESS "&'Il / %' ^
A
1655 27th Street, Suite 2 Vero Beach , Florida 32960
Phone : ( 772 ) 564- 8050 Fax: ( 772 ) 794- 0647 DAVID 14AYLOi2 P.E , 43
i
Sketch of Legal Description
for Indian River County
of an Access & Utility Easement
at the Spoonbill Marsh Wetland Facility Site
Not Valid Without All Sheets
LEGAL DESCRIPTION
BEING A PART OF SECTION 14, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN
RIVER COUNTY, FLORIDA , BEING MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST 1 /4 OF SAID
SECTION 14, THENCE N85 35 '26 "E, A DISTANCE OF 459. 27 FEET TO THE POINT
OF BEGINNING; THENCE N65 51 '48 "E, A DISTANCE OF 84. 06 FEET; THENCE
N81015 '23 "E, A DISTANCE OF 40. 87 FEET; THENCE N845101600E, A DISTANCE OF
76. 89 FEET; THENCE S81 '15 ' 15 "E, A DISTANCE OF 74. 77 FEET; THENCE
S65 30 '26 "E, A DISTANCE OF 36. 32 FEET; THENCE N86 28 ' 14 "E, A DISTANCE OF
44. 80 FEET; THENCE N8636109 "E, A DISTANCE OF 75. 08 FEET; THENCE
N88 57 ' 11 "E, A DISTANCE OF 199. 18 FEET; THENCE N89 '13210 "E, A DISTANCE OF
196. 97 FEET; THENCE N86 30 ' 13 "E, A DISTANCE OF 65. 44 FEET; THENCE
N58003122 "E, A DISTANCE OF 34. 99 FEET; THENCE S00 34 '50 " W, A DISTANCE OF
23. 72 FEET; THENCE S58003 '22 " W, A DISTANCE OF 27. 31 FEET; THENCE
S86 30 ' 13 " W, A DISTANCE OF 70. 98 FEET; THENCE S89013 ' 10 " W, A DISTANCE OF
197. 40 FEET; THENCE S88 57 ' 11 " W, A DISTANCE OF 198. 72 FEET; THENCE
S86 '36 '09 " W, A DISTANCE OF 74. 65 FEET; THENCE S86 28 ' 14 " W, A DISTANCE OF
49. 77 FEET; THENCE N65 30 '26 " W, A DISTANCE OF 38. 55 FEET; THENCE
N81015 ' 15 " W, A DISTANCE OF 69. 57 FEET; THENCE S8451 ' 16 " W, A DISTANCE OF
73. 83 FEET; THENCE S81 '15 '23 " W, A DISTANCE OF 37. 54 FEET; THENCE
S65 51 '48 " W, A DISTANCE OF 64. 90 FEET; THENCE N44 25 ' 10 " W, A DISTANCE OF
15. 96 FEET; THENCE N89 25 ' 10 " W, A DISTANCE OF 12. 03 FEET BACK TO THE
POINT OF BEGINNING.
CONTAINING 18, 258 . 53 SQUARE FEET OR 0. 42 ACRES, MORE OR LESS.
LEGALSKETCH OF 1 1 N Drawn by : Checked by File name Date Sheet Scale Drawing Name
" This is NOT a Boundary Sur UG DMT 5710 . DEP 12 / 11 / 08 2 of 3 1 " = 150 ' 15710BRINELGL - 2
11111111
NOT VALID YV HOUT THE SIGNATURE AND
IYlasteller, IYloler, Reed ot Taylor, 1W c. THE ORIGINAL . 'FD SEAL OF A FLORIDA
PROFESSIONALSURf,EFO"4"Wr1JAPPE" LICENSE EOR FYOF? AND MAPPER.
LAND SURf1EFINGBUS"ESS ""aV � t
1655 27th Street, Suite 2 Vero Beach , Florida 32960
Phone : ( 772) 564 - 8050 Fax: ( 772) 794 - 0647 DAV1O TAYLOR P.L.S. 243
i
Sketch of Legal Description
for Indian River County
of an Access & Utility Easement
at the Spoonbill Marsh Wetland Facility Site SPOONBILL
MARSH
Not Valid Without All Sheets
LINE TABLE
LINE LENGTH BEARING
L1 40. 87 N81 '15' 23"E
L2 36 . 32 S65'30' 26 " E
L3 44. 80 N860280
14" E
L4 34. 99 N58"03' 22 "E
L5 23 . 72 S00'34' 50" W /
L6 27 . 31 S58'03 ' 22"W
L7 49 . 77 S86 "28014"W /
1.8 38. 55 N65030 '26 " W
L9 69 . 57 N810151 5" W /
L10 73. 83 S84051 ' 16 " W
1.11 37. 54 S81 *15' 23" W
L12 64. 90 S65'51 ' 48" W /
L13 15. 96 N44'25' 10"W
L14 12 . 03 N89 '25' 10" W
WEST 1 /2 OF THE N.E.
1 /4 14-32-39
POINT OF
BEGINNING 20 ' PROPOSED ACCESS
N8 76.
44�551 16"E N8175.15 • & UTILITY EASEMENT N8630' 30E q
.E L1 89
N86 36 '09"E N ,57.1 65.
N85 35'26"E N 9 L W � 6�
459. 7 L4 6
8 58805711 W 198. 72 5891310 W 197.40 SB 7'77 74965 t
�
N89�5'10"W 907. 06
POINT OF INDIAN RIVER FARMS WATER CONTROL DISTRICT
COMMENCMENT
NE CORNER NORTH RELIEF CANAL (250 ' RIGHT OF WAY)
SW 1 /4
SECTION 14 - 32 - 39
K OF LEGALDESCRIPTION Drawn by : Checked by File name Date Sheet Scale Drawing Name
" This is NOT a Boundary Survey" UG DMT 57104DEP 12 / 11 / 08 3 OF 3 1 " = 150 ' 5710BRINELGL - 2
NOT VALID WITHOUT THE SIGNATURE AND
MaSteller, Moler, Reed Taylor, Inc. THE ORIGINA ��[D SE. �1. of A FLo A
;2
PROFESSIOWW Sl1RFEFORSANDM4PPERS ucENs St►.aVk 7'oR ANCo iJAP
L4" SFRFEPINGBIlS"ESS "644 / A
A 4
1655 27th Street , Suite 2 Vero Beach , Florida 32960 /
Phone: ( 772) 564- 8050 Fax: ( 772 ) 794- 0647 AVID TAYLOR PIL 243