HomeMy WebLinkAbout2005-323 TEMPORARY CONSTRUCTION EASEMENT
THIS AGREEMENT , made and entered into this 4th day of October 2005 , by
and between THE CITY OF VERO BEACH , FLORIDA , a municipal corporation organized and
existing under the laws of the State of Florida , whose mailing address is P . O . Box 1389 , Vero
Beach , FL 32961 - 1389 , hereinafter referred to as "GRANTOR , " and INDIAN RIVER COUNTY ,
FLORIDA, a political subdivision of the State of Florida , whose mailing address is 1840 25th Street ,
Vero Beach , FL 32960 , hereinafter referred to as " GRANTEE , "
WITNESSETH :
WHEREAS , GRANTEE proposes to make improvements to the intersection of 41St Street
and 43rd Avenue , Vero Beach , Indian River County, Florida ( Indian River County Project No . 0236) ,
to include two lanes of traffic, turn lanes in each direction , with a center/turn lane transitioning up to
the intersection . In addition , GRANTEE proposes to install a culvert pipe and fill in the sublateral A-
6 canal along the south side of 41St Street ; and
WHEREAS , it will be necessary to utilize a portion of GRANTOR ' S property , more
particularly described in the attachments to this Agreement, for the purposes stated above ,
NOW , THEREFORE , in consideration of One Dollar and other valuable consideration , the
receipt and sufficiency of which are hereby acknowledged , the GRANTOR , for itself, its successors
and assigns , does hereby grant , bargain , and convey to the GRANTEE , GRANTEE 's successors
and assigns , for the time period described herein , a temporary construction easement over, under,
across , and upon the following -described property situated in the County of Indian River, State of
Florida , and being more particularly bounded and described as follows :
[SEE EXHIBIT A, ATTACHED]
THIS EASEMENT is granted under the following conditions :
1 . That this easement shall be in effect only until completion of the construction as
described herein .
2 . That GRANTEE shall occupy the premises for the purpose of making improvements
to the intersection of 41 st Street and 43rd Avenue , Vero Beach , Indian River County , Florida ( Indian
River County Project No . 0236) , to include two lanes of traffic , turn lanes in each direction , with a
center/turn lane transitioning up to the intersection and to install a culvert pipe and fill in the
sublateral canal along the south side of 41St Street ,
3 . That GRANTEE agrees to surrender possession of the premises upon the
completion of the construction as described above , and to leave the premises substantially the
same as it was on the date this Agreement was executed .
4 . That GRANTEE shall indemnify and hold harmless GRANTOR from any claim or
damage that may arise as a result of the construction of the aforesaid improvements only to the
extent allowed by F . S . 768 . 28 .
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5 . That this easement shall not be recorded .
IN WITNESS WHEREOF , the parties hereto have caused these presents to be executed by
their duly authorized officers , and their official seals hereto affixed , the day and year first written
above .
ATTEST : GRANTOR (CITY OF VERO BEACH ,
FLORIDA) :
Sign : Sign :
Print: Tammy K . Vock Print: Mary Beth McDonald
Title : City Clerk Title : Mayor
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of ,
2005 , by Mary Beth McDonald , as Mayor, and attested by Tammy K . Vock , as City Clerk , of the City
of Vero Beach , Florida . They are personally known to me and did not take an oath .
NOTARY PUBLIC
Sign :
Print:
State of Florida at Large
My Commission No :
My Commission Expires :
Approved as to technical requirements : Approved as conforming to municipal policy:
Public Works and Engineering Director City Manager
Approved as to form and legal sufficiency :
City Attorney
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Attest : J . K . Barton , Clerk GRANTEE ( INDIAN RIVER COUNTY ,
FLORIDA)
By : rel g BOARD OF COUNTY COMMISSIONERS
Deputy Clerk By: Q: t S 64jy
Thomas S? . Lowther, Chairman
BCC approval date October 4 , 2005
Approved as to form and legal sufficiency :
Marian E . Fell
P . Assistant County Attorney
This instrument prepared
in the office of the
City Attorney
P . O . Box 1389
Vero Beach , FL 32961 - 1389
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60 0 30 60 120
GRAPHIC SCALE ( IN FEET )
1 inch = 60 ft.
28-32 -39 -00001 -0080 -00002.0
INDIAN RIVER COUNTY
EXISTING R/W LINE
N PROPGSED EDGE OF PAVEMENT
Im --
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ao DJ O' 41ST STREET PROPOSED 408 LF. 48 "x75 "
a SLOTTED RCP
O PROPOSED EDGE OF PAVEMENT1 /4 SECTION LINE &
—S . LINE TRACT 9 _
SUB- LATERAL On A- 6 CANAL 2os.s ' f
350 ' f
EXISTING R/W LINE 98 . 4 ' ± 'S
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I 10 ' TEMPORARY I a °' 00
E I CONSTRUCT/ON EASEMENT
ILq p 28- 32-39 -00001 -0090-00001 . 4
SDC Properties L. L.C . o
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a o I CITY OF VERO BEACH
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THIS SKETCH do DESCRIPTION NOT VAUD OR
COMPLETE WITHOUT SHEETS 1 AND 2 AS PREPARED THIS IS NOT A BOUNnARY SURVEY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT a
DRAWN BY: SECTION 28 SHEET
NDIAN RIVER COUNTY ADMINISTRATION BUILDING /ND/AN RIVER COUNTY B. ROACH SKETCH AND DESCRIPTION OF 1
1840 25th STREET Department of Pub//c Works TOWNSHIP 32S TEMPORARY CONSTRUCT/ON EASEMENT
VERO BEACH, FL 32960 APPRO�D Bi' 41ST STREET 2
(772) 567-8000 En ineer/ng D/v/s/on M. O BR/£N RANGE 39E