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HomeMy WebLinkAbout2013-001 D I /p 8113 This instrument prepared by: ' Dennis G. Pagano aLO 13 • ©O 1 Florida Power & Light Company SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT, entered into this B± h day of ,7anu= , 20U by and between the COUNTY OF INDIAN RIVER, STATE OF FLORIDA, hereinafter called the "County", and FLORIDA POWER & LIGHT COMPANY, a Florida Corporation, whose mailing address is P. O. Box' 14000, Juno Beach, Florida 33408, hereinafter called "Utility" . WITNESETH, WHEREAS, the Utility 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 Utility to the County; and WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of- way to prevent conflict between the County's use and the Utility's use, and for the benefit of each, and WHEREAS the County, in addition, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit "A ", attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and County agree as follows . UTILITY subordinates any and all of its interest in its easement lands described on " EXHIBIT All attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving, maintaining and operating a road over, through, upon, and/or across such Lands, based on the following. Nature of Date From In Favor of Recorded Encumbrance I Book-Page EASEMENT December 14, 1972 Edith Bennett Florida Power & Light Company BK424 PG693 EASEMENT January 16, 1973 Betty Kaczorowski Florida Power & Light Company BK428 PG424 The County and the Utility further agree that. 1 . "Public right-of-way" , as used herein, shall mean that area which is described in Exhibit "A" and which includes the Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit "A" , attached hereto and made a part hereof. 2 . The Utility shall have the right to construct, operate, ;maintain, improve, add to, upgrade, remove, and. relocate facilities on, within, and upon the public right-of--way described in Exhibit "A" , in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right-of-way will be subject to prior approval by the County. 3 . The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be reimbursed, either now or in the foture, for additional relocation or adjustment of its facilities located presently or to� be located on the public right-of-way described in Exhibit "A" , if such relocation or adjustment is caused by present or future uses of the right-of--way by Indian River County or its assigns, including, . but not limited to, the cost of acquiring replacement easements. 4 . The Utility shall have the right to enter upon the lands described in Exhibit "A " for the purposes outlined in Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities . County shall provide and insure access to said lands by the Utility. 1 i 5 . The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage resulting from the Utility exercising its rights to construct, operate, maintain, improve, add to, upgrade or remove its facilities on the said public right-of-way. 6. This Agreement shall not be assigned by County except to the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Signed, sealed and delivered INDIAN RIVER COUNTY, A POLITICAL in the presence of: SUBDIVISION OF THE STATE OF FLO °°° °" ° "° �yri too AMISSa 0 ./0N : By. By: Print Name : tTit e hair•man • ;o; By: d1/L &WO Attested : 6 � • R.CO� . .. .. ... • Print Name: - Print Name : A — D r U Cto J - K - tSMITH LERK CIRCUIT COURT STATE OF FLORIDA, COUNTY OF I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared Joseph E . Flescher and Maria Suesz to me known and personally known to me to be the persons described in, or has/have produced N/A , as identification and did (did not) take an oath and who executed the foregoing instrument as its BCC Chairman and Deputy Clerk respectively, of the County of Indian Riverand severally acknowledged before me that they executed the same as such officials in the name and on behalf of said County of Tnr] i an Riypr WITNESS my hand and official seal in the County and State aforesaid this 8tWay ofJ nuaru 20Uvj 3 My Commission Expires : Notary Signa Notary Publi t of Florida ,p�'":••" * MY AWJU Printed Name : CIS " EXPIRES: August 18, 2015 °���p�� Badedlbu8udpe111cfery Services APPROVED AS TO FOPNI AND E AL UF F C BY � WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY (Execution and Acknowledgement continued on next page) 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Signed, sealed and delivered FLORIDA POWER & LIGHT COMPANY in the presence of: By: By a. 441^t Michelle M . Kahm901 Title: Area Real Estate Manager Print Name : Print Name : Samantha J. Saucier By: _ U aft 1 11 Print Name : (Corp . Seal) - STATE OF FLORIDA, COUNTY OF PALM BEACH I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally appearedsamantha J. Saucierto me known and personally known to me to be the person described in, and did not take an oath and who executed the foregoing instrument as its Area Real Estate Manager of the Florida Power & Light Company and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation . 1'�1 WITNESS my hand and official seal in the County and State aforesaid this day of 2013 My Commission Expires : Notary Signature : Notary Public State of Florida Notary Public State of Florida yMichelle M Kahmann My Commission EE1051ee ollv/ Expires 09/fe/201s Printed Name: Michelle M. Kah=nn 3 EXHIBIT A 1 of Z ` 1 r • I ococl Y EASEMENT , i tdwehev Y Sect n _. ` . Loc n.• v d. .. own rip Ser ` _ . R nge " i er & light Co pen ida iders ' of the pay t to me/us you of S and other and valuable cc deration which rved, 11we and those ho rough me/us, grant and give to you and your successors an easement i for the construction, operation and maintenance of electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be instalted from time to time; with the right io reconstruct. Improve, add to, change the sire of or remove such facilities or any of them; to permit the attachment of conduits, wires or cables of any other Company or person; also, to cut, trim and keep clear all trees, brush and undergrowth or other •• ! obstructions that might endanger or interfere with said facilit!". on, over, upon, under, and across my/our pro, perty described as follows: Indian River Parris Co . S/D as In PEKs 2 -25i Section 8 , Township 33 South , Hanire 39 nnst , Indian River County , Florida , Tract,�. to South 951 . 18 rent of the rest 315. 8 rest as in REI 55 , ?-133 and Ria 5l . -"(122 . .or na ells deaarlD e s O for :: abeee , con re feet t. nrttl of and p elle ( tut arae ur Section ] ! na , be i tnlnq t t e art o Y li e a ru a th {rest neo DO:J)dE TAR = m M NE Aee RYL 0 aM is 1 i ;P F RI a SU 1A = 22 biPt00 ttuLi , '}` ;- _ 1 ' 0. 00 W Utz P Pa * 6 boom ^A OY = $1Memo ': t' wife stUr boom, i mb O r IN •. t! u - -4zs c a r o REQUIRED ay rLORiDA LAZY n-= :: r: :.; + a t.:•+s Tvr06n ea 40 ft Foca, R In the sena _ 7,...L �/11�L��_ JlI�GiL .1L1•L•�.t.� _ � :, �Seal►. dith T . Belinett prrdr • (Scal) -- . (Seal) - OeMCIrK RGWW EXHIBIT A 2of2 AAD + ti 121, .r?� n jA . w ,. l : . . • IF ,Doff 18 r ` EASEMENT E . j RWO/SIO/iW0 section - , A it #3 at ER No. ! oeti Township 11 south 1 Pole Nov Range _ 30 viag SJ to. 04 , 19 7J Florida Power m Light Company ' Miami, Florida •GanUemen: In cc derat n of he p ment to m a by ou of $l. a other ve able ider ionw I/we have r iv , I/w and se holding th ugh a/us, gsa t an 9Tva to you y r succe an nt for the cons on, para on and maintena of ecuk u ility acuities Itnc ding fres; pot guy bl 'conduits and appurte nt utpment) to be Inst led 1 lima o U right reconstruct, prove, to, thongs the file o or r move such facilitie 'or y of the ; to permit the all ant of UF wir or cables of any other a or person; also, t cut, m and cep cheer all tr rush and undergro or er obstructions that mi¢s and or interfere ith ' d facilil o over, upon, under, and across m lour ro Party deswi es Uo Inds Iver Farm Co . S/D a in PB 2- Sect n 7 , Townsh South Range East , Indian River ounty , Florida , Tract _ , South of Main Canal . The easement more particularly described as a strip 10 feet ' wide , centered 55 feet North of and parallel to the Quarter Section line , beginning at the East property line and running to the West line . . • . . A Fie . I 0 WI LESS u N n 0IItr t REQUIRE BY LO A [ * N f rob e a iIM4yr •leaf s acs 1 R H:arti t1 In the presence ol: _ All ' 1 at)ett E aBeatt11rucrooroeski 1 all _ A :P AMC (seal) _ . . — (Sean Abell A _ _- bebb m f`• �,''� QOC9ME111ARY = "' STATE or: ORIDA u £ti ' a N'yJ fiORl A ` ^� , PtnXOF bE CCL'b �_y..�:ti 7 f.i iPXi 0 . E.a •n _ _ CI o► see NYtr v ' o • f[/`i71 lit. V. o ._ f:e.t• (},' ' �+ o . MITI etUr bell �f� ea. 7:• i. ! me FORA .. . . . . . . a 1 . . 1