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HomeMy WebLinkAbout2005-165 cs 23 - UTL . 02 - 06 / 93 This instrument prepared Parcel No . 107 . 3 under the direction of : Item/ Segment No . 2285832 Laurice C . Mayes , Esq . Section No , 88010 - 2503 Legal description prepared by : Managing District : 04 Denise M . Alexander ( 4 - 12 - 05 ) S . R . No . 5 ( U . S . 1 ) Department of Transportation County : Indian River 3400 W . Commercial Boulevard Ft . Lauderdale , Florida 33309 SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT , entered into by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION , hereinafter called the FDOT , and INDIAN RIVER COUNTY , a Political Subdivision of the State of Florida , hereinafter called the COUNTY . W I T N E S S E T H : WHEREAS , the COUNTY presently has an interest in certain lands that have been determined necessary for highway purposes ; and WHEREAS , the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the COUNTY to the FDOT ; and WHEREAS , the FDOT is willing to pay to have the COUNTY ' S facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained . NOW , THEREFORE , in consideration of the mutual covenants and promises of the parties hereto , COUNTY and FDOT agree as follows : COUNTY subordinates to the interest of FDOT its successors and assigns , any and all of its interest in the lands as follows , viz : Parcel No . 107 Item Segment No . 2285833 ( Section No . 88010 - 2503 ) A portion of the Northwest ''h of the Southeast %. of Section 31 , Township 33 South , Range 40 East , Indian River County , Florida , being more particularly described as follows : Commence at a found PK nail marking the East '/. Corner of said Section 31 ; thence North 89637125 " West along the North line of said Southeast '/4 , a distance of 1 , 573 . 56 feet to a point on the Baseline of Survey for State Road 5 ( U . S . 1 ) as shown on the Florida Department of Transportation Right of Way Map for Section 88010 - 2503 ; thence continue North 89 ° 37 ' 25 ' West along said South line , a distance of 65 . 33 feet Continued PAGE ONE OF FOUR to a point on the Westerly Existing Right of Way line for said state Road 5 ( U . S . 1 ) ; thence South 19045 ' 47 " East along said Westerly Existing Right of Way line , a distance of 200 . 10 feet to the POINT OF BEGINNING ; thence continue South 19 ° 45 ' 47 " East along said Westerly Existing Right of Way line , a distance of 202 . 48 feet ; thence South 38026158 " East , a distance of 275 . 97 feet ; thence South 00031 ' 32 " West , a distance of 248 . 67 feet ; thence North 89037 . 25 " West , a distance of 141 . 32 feet to a point on the Easterly Right of Way line for the Florida East Coast Railway ; thence North 19048 ' 06 " West along said Easterly Existing Railway Right of Way line , a distance of 696 . 51 feet ; thence South 89037125 " East , a distance of 139 . 49 feet to the POINT OF BEGINNING . Containing 2 . 598 acres , more or less . RECORDED INSTRUMENT DATE FROM TO O . R . B . & PAGE Easement 7 / 26 / 96 St . Lucie Indian River 1115 / Development County , 1293 Corporation , a Florida , a Florida political corporation subdivision of f / k/ a Kevin S . the State of Hawkins , Inc . Florida PROVIDED that the COUNTY has the following rights : 1 . The COUNTY shall have the right to construct , operate , maintain , improve , add to , upgrade , remove , and relocate facilities on , within , and upon the lands described herein in accordance with the FDOT ' S current minimum standards for such facilities as required by the FDOT , Utility Accommodation Manual in the effect at the time the agreement is executed . Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT . Should the FDOT fail to approve any new construction or relocation of facilities by the COUNTY or require the COUNTY to alter , adjust , or relocate its facilities located within said lands , the FDOT hereby agrees to pay the cost of such alteration , adjustment , of relocation , including , but not limited to the cost of acquiring appropriate easements . 2 . Not withstanding any provisions set forth herein , the terms of the utility permits shall supersede any contrary provisions , with the exception of the provision herein with reimbursement rights . 3 . The COUNTY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above , including the right to trim such trees , brush , and growth which might endanger or interfere with such facilities , provided that such rights do not interfere with the operation and safety of the FDOT ' S facilities . 4 . The COUNTY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the COUNTY exercising its rights outlined in Paragraphs 1 and 3 above . PAGE TWO OF FOUR IN WITNESS WHEREOF , the FDOT hereto has executed this agreement on the day and year first above written Signed , sealed and delivered STATE OF FLORIDA DEPARTMENT in the presence of : OF TRANSPORTATION ( Two witnesses required by Florida Law) By : Name : Title : District Secretary for District IV 3400 West Commercial Blvd , Print Name : Ft . Lauderdale , Florida 33309 Print Name : Attorney approved as to form : Name : DAWN RADUANO STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this day of 200 by District Secretary for District IV , who is personally known to me or who has produced as identification . Print Name : Notary Public in and for the County and State last aforesaid . My Commission Expires : Serial No . , if any : PAGE THREE OF FOUR RESOLUTION NO . 2005 - 075 UTL . 03 - 06 / 93 This instrument prepared Parcel No . 107 . 3 under the direction of : Item/ Segment No . 2285832 Laurice C . Mayes , Esq . Section No . 88010 - 2503 Legal description prepared by : Managing District : 04 Denise M . Alexander ( 4 - 12 - 05 ) S . R . No . 5 ( U . S . 1 ) Department of Transportation County : Indian River 3400 W . Commercial Boulevard Ft . Lauderdale , Florida 33309 R E S O L U T I O N ON MOTION of Commissioner NPiihPrgPr seconded by Commissioner Davis the following Resolution was adopted : WHEREAS , the State of Florida Department of Transportation proposes to construct or improve State Road No . 5 (U . s . 1 ) , Item/ Segment No . 2285832 , Section No . 88010 - 2503 , in Indian River County , Florida : and WHEREAS , it is necessary that certain lands now owned by Indian River County be used temporarily by the State of Florida Department of Transportation : and WHEREAS , said use is in the best interest of the County : and WHEREAS , the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest , or interests , in favor of the State of Florida , and said request having been duly considered . NOW THEREFORE , BE IT RESOLVED by the Board of County Commissioners of Indian River County , that the application of the State of Florida Department of Transportation for a - subordination of utility interest , or interests , is for transportation purposes which are in the public or community interest and for public welfare ; that a subordination of utility interest , or interests , in favor of the State of Florida Department of Transportation , in Indian River County , should be drawn and executed by this Board of County Commissioners . Consideration shall be $ 0 BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W . Commercial Boulevard , Ft , Lauderdale , Florida 33309 , STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of County Commissioners of Indian River County , Florida at a meeting held on the 17th day of May 200_ . THOMAS S . LOWTHER , CHAIRMAN Print Name : 'CTTAIRMAN Board of County Commissioners A OilED AS ' C1 fJFiP�i Indian River County , Florida GAS. sUFFWIN PAGE ONE OF ONE RI CO AC X H Z H I T • • �► • • The following described property lying and being in Section 31 , Township 33 South , Range 40 East , more particularly described as : The West 15 feet , measured normal from the East right-of-way of the Florida — East Coast Railway , of the following parcel : Start at the intersection of the North line of the NW 1 /4 of the BE 1 /4 with the West right of way line of New U . S . Highway No . 1 , run southeasterly along said Westerly right of way line 371 feet to the Point of Beginning ; thence run southeasterly along the West right of way line of new U a S a Highway No . 1 , 31 . 36 feet ; thence southeasterly to the East line of the NW 1 /4 of the BE 1 /4 985 . 58 feet ; thence South 246 . 67 feet to a point ; thence West 149 . 19 foot to the East right of way line of the Florida East Coast Railway ; thence northwesterly along sold right of way 515 . 77 feet to a point ; thence east to the Point of Beginning; TOGETHER WITH the West 15 fest , measured normal from the East right-of-way of the Florida East Coast Railway , of the following parcel : Start at the intersection of the North line of the NW 1 /4 of the BE 1 /4 with the West right of way line of new U . S . Highway No . 1 ; run southeasterly along said westerly right of way 900 feet to the Point of Beginning ; thence southeasterly along said westerly right of way 171 . 0 feet ; thence west 142 . 53 feet to the East right of way line of the Florida East Coast Railway ; thence northwesterly along said right of way 171 . 0 feet ; thence east 141 . 53 feet to the Point of Beginning . .116 . To Iwo Sui3GT' . of go �•: s . "'j : ' pRoJPERTY It AM ago 31. 73ft.•R� 'E • Or '2 •• 1• a�n 8 VERO mos UNIT 1 . I ;T4 1►' • i. • '} . •g� tat " a» a. `r k ,\ © • 4 • .�7• a BOAT CW1N1 • s • '1 0 � . � • • s. 1a ' •� ''i1 O ' ► .r ITMir" �, �. • • i 41\ ' • •�� ! 1' i MD ! 1 : p 1 00 1 y C li 7, a ' 1 1 { '•' • , I It \ / R • sZ/1D PLACE 1 1 . 73-�5� •k \ 1. � � !i t 1•a (,�Y' a ; t11 Utility 11 / :U r UtAla, . - . .. 1 \ III 16441 "4 . , • k . Ila . •11 DOCUMENTARY STAMPS Tax ID 831 - 33 -40- 00000- 7000- 00003 . 0& 3 . 1 DEED $ 0' 0 NOIEJF f f R( Y K . pAI7tt1N . ('1 f RK EASEME N T INMAN RIVE It CUI : NIY This GRANT OF EASE14ENT , made and executed this day of r ( , A . D , , 19991 by01 O ST . LUCIE DEVELOPMENT CORPORATION , a Florida W corporation , f/k /a KEVIN S . HAWKINS * INC , , the address of which is Post Office Box 650488 , Vero BeadATNE RECORDS OF j FI, 329650 hereinafter called GRANTOR' , Cle'RKCIRCUIITCOURT INDIAN RIVER CO., FU►. to INDIAN RIVER COUNTY , FLORIDA , a political subdivision of the State of Florida , whose address is 1840 25th Street , Vero Reach , FI, 32960 , hereinafter called GRANTEE* , *Whenever used herein the term GRANTOR and GRANTEE ' Include all parties to this instrument and their heirs , cea legal representatives , successors , and assigns . IT WITNF. SSET }i � That GRANTOR for and in consideration of the sum of ONE N DOLLAR and other consideration , receipt of which Is hereby r acknowledged , does hereby grant , bargain , sell , alien , remise , ro release , convey , and confirm unto the GRANTEE an easement for UTILITIES PURPOSES on , over , across , and beneath the following described land , situate In Indian River County , Florida , to- wit : EXHIBIT "Alt ATTACHED HERETO AND MADE A PART HEREOF And GRANTOR hereby covenants with said GRANTEE that it is lawfully Reized of said servient land in fee simple , and that it has good right and lawful authority to convey the easement established hereby and will defend the same against the lawful claims of all persons whomsoever . 1N WITNESS WIIERF.OF , the GRANTOR has herein set its hand and seal the day and year first above written . Signed , sealed , and delivered ST . LUCIE DEVELOPME In the presence of : CORPORATION / k /a IN �G�Gf� S . HAW , NC . gn j By t ess Keirin S . Hawkins printed : .7f{ CS I7 . CHASTAi /•/ President sign ( Corp . Seal ) Wit PR n nat j�G.PR y C' . ,C.AIve� V / Ate,. • , . . , . ;} T1 f. . , . ,, ATE OF FLORIDA COUNTY OF INDIAN RIVER /. 1 The foregoing instrument was dWorn ' " t6 ' Vnd subscribed before me this ,i�, ' day of ., a / , 199dp by Kevin S . Hawkins as r_n President of ST . LUCIE EVLOPMENT CORPORATION , a Florida corporation , f/ k /a KEVIN-- INS , INC . , on behalf of the said ` ee Wedowee corporation . lie is 1, ersonally known t me or produced N n . / td My Commission Expires : sign Iliar� � / Note P 11c trn "rt wr. � ^ rrnR /print name • !, _ "M b� Co i5sion otfklot alai fl . •• i fry fERRYCAMEAR . . . ROlory Feliks State of Et0110. . : )' _ • r r : ) 7 .1 , . ., MIpCalwmlasfo11E10 wr1:h14, t99` � 1 :..1. : . . ; CI� :%f . , J . 4 :Srel•ij� � Comm . No CC 440711 .. - —�j FJurids 8L>� EXHIBIT A IN WITNESS WHEREOF , the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice - Chairperson of said Board , the day and year aforesaid . ATTEST 4 INDIAN RIVER COUNTY APPROVE� D • P By Its Board of County Tint Name : ecL - �� t) . C _ Commissioners r Clerk ) OWN Co vWOAV TO FORM AN EGAL SUFF CIE CY BY : THOMAS S . LOWTHER , CHAIRMAN �Y Print Name : IAN ELL Its Chairperson SSISTANTCOUNTYATTORNE:Y ( or Vice - Chairpersonj STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 17th day of May 200 5 by Thomas S . Lowther who is personally known to me or who has produced as identification . Print Name : Kimberly E . Massung Notary Public in and for the County and State last aforesaid . My Commission Expires : _ OUly 15 , 2007 Serial No . , if any : DD21650 - , 4%<0114101'' • Kimberly E. Massung MYCOMMISSION # DD216503 EXPIRES ; •p, July 15, 2001 %'l pF �y •` BONDED THRU TROY FAIN INSURANCk INC PAGE FOUR OF FOUR