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Home My WebLink About2012-19810/23/2012 15.B.6. 2012-198 AGREEMENT FOR EASEMENTS AND WAIVER OF TIPPING FEES THIS AGREEMENT, entered into this 23_ day of October , 2012, by and between the INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependant special district of Indian River County, (County) 1801 27th Street, Vero Beach, Florida 32960, and INDIAN RIVER FARMS WATER CONTROL DISTRICT, an independent special district (the Farms), 7305 4th Street, Vero Beach, Florida 32968, WITNESSETH: WHEREAS, the COUNTY owns and maintains the Oslo Transfer Station at 950 1St Place just off Old Dixie Highway in Indian River County, directly south of the South Relief Canal; and WHEREAS, the Farms maintains the South Relief Canal and owns 125 feet of right-of-way on either side of the South Relief Canal (250 feet total); and WHEREAS, the County is planning to construct a new transfer station at the Old Dixie location that will replace the existing facility; and WHEREAS, the County needs to build part of its access road on the right-of-way property owned by the Farms in order to safely access the new transfer station; and WHEREAS, the Farms is willing to convey to the County an easement for access across its property so vehicles can safely enter and exit the transfer station; and WHEREAS, in order for the County to operate the new transfer station, an easement for utilities is needed across and over the right-of-way property owned by the Farms adjacent to the South Relief Canal; and WHEREAS, the Farms continuously maintains and cleans out 237 miles of canals and ditches it owns across Indian River County; and WHEREAS, most of the debris, trash and junk removed from the canals was dumped in the canals illegally and should have been brought to the County Landfill or one of the County Transfer Stations; and WHEREAS, the Farms brings the debris, trash and junk to the County Landfill after it has cleaned it out of their canals or rights-of-way; and the County charges a tipping fee to the Farms for dumping the debris, trash and junk at the landfill; and WHEREAS, tipping fees paid by the Farms over the last three years have been as follows: $928.86 in 2011, $232.13 in 2010 and $624.34 in 2009; and WHEREAS, the parties have agreed that the Farms would grant the access easement and the utility easement to the County at the new Oslo Transfer Station in exchange for waiving tipping fees for trash cleaned from the Farm's canals and rights- of-way. NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, the County and the Farms agree as follows: 1. The Farms shall convey to the COUNTY a perpetual non-exclusive easement for ingress and egress over and across the property on the south side of the South Relief Canal as depicted in Exhibit "A" attached and incorporated by reference herein. This easement shall be for the purpose of providing access to the new Oslo Transfer Station. 2. The Farms shall convey to the COUNTY a perpetual non-exclusive easement for utilities over and across the property on the south side of the South Relief Canal as depicted in Exhibit "B" attached and incorporated by reference herein. This easement shall be for the purpose of providing utilities services to the new Oslo Transfer Station. 3. In consideration of conveying the two easements to the County, the County shall not charge the Farms a tipping fee for the first $2,000 worth of materials otherwise subject to tipping fees dumped illegally into and cleaned from the Farms canals and brought to the County Landfill on an annual basis. The Farms will still be required to pay tipping fees for all other material brought to the County Landfill. 4. All notices and documents relating to this Agreement shall be provided as follows: To The County: To the Farms: Solid Waste Disposal District Indian River Farms Water Control 132574 th Street District Vero Beach, FL 32968 73054 th Street Vero Beach, Florida 32968 5. This Agreement shall be in effect for five years following the date of approval of this agreement by the Indian River County Solid Waste Disposal District. 3 IN WITNESS WHEREOF, the Indian River County Solid Waste Disposal District and the Indian River Farms Water Control District have caused this Agreement to be executed by their respective duly authorized officers. WITNESSES: INDIAN RIVER FARMS WATER CONTROL DISTRICT By f% L�dt��ct -cam Its: Secretary/Treasurer As to the Farms Approved as to form and legal sufficiency: A� (St�� Z-- Atte�ney for Ihdian River Farms Water Control District ATTEST: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Jeffrey R. Smith, Clerk of Court and ComptrolJgr•P•P•••,P„• ••�pMMlSS� °• By .. �_ ( .• ��,.• . FAY G Deputy Clerk :U: Chair n, 1 . P • T •O . yo/IiR �? �-�fite approved: October 231 2012 ••'�� R�•V Approved as to form and ........... Approved: legal sufficiency: CCounty Attopn y G rn -r' n J-1)” .(Lfj ounty Administrator 4 IN WITNESS WHEREOF, the Indian River County Solid Waste Disposal District and the Indian River Farms Water Control District have caused this Agreement to be executed by their respective duly authorized officers. WITNESSES: INDIAN RIVER FARMS WATER CONTROL DISTRICT Its: As to the Farms Approved as to form and legal sufficiency: Attorney for Indian River Farms Water Control District ATTEST: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Jeffrey R. Smith, Clerk of Court and Comptroljpr-� M18...By .• `/, ,, Deputy Clerk ;� ate approved: .� October 23, 2012 pp !N Approved as to form and FJR o�N Approved: N•YNyd w„„gg4p legal sufficiency: County Attopny ounty Ad ministrator 4 E/ i R1* L•1 / NPS , G� ?0,0 , /5 O 23 I RF `N o \0A' N744° . P.O.B. / J- - 62�g3 N729.47 £ N75366—N74V0:T6 Ems. E 573.36 28'W N7/ 42'01 E .95,04-3 9112'f N71'38'30E/ ' 66.77 I INGRESS/ EGRESS E \ ( EASEMENT N17372J 44.96'— 7 z e n r B A SW 114 OF SE 1/4 SEC. 13-33-39 UNPLATTED LANDS .is— OF SW 1/4 SEC 13-33-39 ,�ErRw�cLE BAPTIST awrtctR we - "c.•., M PARCEL t0 r / I 73391300000700000029.0 North . r S22;i732E I L 75' A\\ GRAPHIC SCALE 150 0 75 150 l IN FEET J I inch = I50 Ft. D DNEI PROFESSIONAL LAND SURVEYORS & MAPPERS Cvffi&&afAutlwwtim: LB S90S 1717/ndia0 Riva Blvd - Sade 101 Kw BW$ Am& 320 pox: (771) 194 -1113 faaimll : (m) 794 . IN e-mail: Ib690S@a Wkvu&,w Legend & Abbreviations: 5j470 .10 W 58 I � I PSM - PROFESSHONAL SURVEYOR B MAPPER LB - LAND SURVEYING BUSINESS POC - PCAVT OF COMMENCEMENT POB - POINT OF BEGINNING POT - POINT OF T9WNUS LR.F.W.GD.- !NOUN RIVER FARMS WATER CONTROL DISTRICT R/W - L — SEG - S£Cnav SW 114 OF SE 1/4 SEC. 13-33-39 UNPLATTED LANDS .is— OF SW 1/4 SEC 13-33-39 ,�ErRw�cLE BAPTIST awrtctR we - "c.•., M PARCEL t0 r / I 73391300000700000029.0 North . r S22;i732E I L 75' A\\ GRAPHIC SCALE 150 0 75 150 l IN FEET J I inch = I50 Ft. D DNEI PROFESSIONAL LAND SURVEYORS & MAPPERS Cvffi&&afAutlwwtim: LB S90S 1717/ndia0 Riva Blvd - Sade 101 Kw BW$ Am& 320 pox: (771) 194 -1113 faaimll : (m) 794 . IN e-mail: Ib690S@a Wkvu&,w Legend & Abbreviations: PLS - PROFESSIONAL LAND SURVEYOR PSM - PROFESSHONAL SURVEYOR B MAPPER LB - LAND SURVEYING BUSINESS POC - PCAVT OF COMMENCEMENT POB - POINT OF BEGINNING POT - POINT OF T9WNUS LR.F.W.GD.- !NOUN RIVER FARMS WATER CONTROL DISTRICT R/W - RK,WHT OF WAY SEG - S£Cnav Plat of Survey for. CAMP, DRESSER, & MCKEE Type: SKETCH OF LEGAL DESCRIPTION NOT A BOUNDARY SURVEY PROD. N0, 10-024 DWN. BY E✓.H. CKD. BY S. A. H. DA TE: 5/25/10 SCALE.- 1'--150' THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REG157ERED SURVEYOR AND MAPPER NAMED HEREON WHICH SIGNATURE AND SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT THE PLAT AND REPORT ARE NOT FULL AND COMPLETE 1WHOUT ONE ANOTHER PAGE 1 of Report of Survey. (Project #10-024) TYPE OF SURVEY: SKETCH OF LEGAL DESCRIPTION NOT A BOUNDARY SURVEY THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE & STODDARD, INC. LB 6905 1717 INDIAN RIVER BLVD. SUITE 201 VERO BEACH, FLORIDA 32960-0864 PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: STUART A. HOUSTON, P.L.S. #4490 ' THIS SURVEY MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS AS ESTABLISHED IN CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. • THE BEARING BASE FOR THIS SURVEY IS: N00°17'55"E, ASSUMED ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 13-33-39 • NO TITLE OPINION OR GUARANTEE IS EXPRESSED OR IMPLIED. • LEGAL DESCRIPTION IS BASED ON PLANS PROVIDED TO THIS FIRM BY THE OFFICE OF CAMP, DRESSER, & MCKEE. LEGAL DESCRIPTION.• A PORTION OF LAND LYING IN THE SOUTHWEST 1/4, AND THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. TO BE USED AS AN INGRESS/ EGRESS EASEMENT, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT SOUTH RELIEF CANAL, AND THE WEST RIGHT OF WAY OF OLD DIXIE HIGHWAY; THENCE RUN ALONG SAID SOUTH RIGHT OF WAY LINE S73°36'28"W, 623.93 FEET; THENCE CONTINUING ALONG SAID SOUTH RIGHT OF WAY LINE RUN S74°28'10"W, 587.35 FEET; THENCE LEAVING SAID SOUTH RIGHT OF WAY LINE RUN N17°57'23"E, 44.96 FEET; THENCE N71°38'30"E, 66.77 FEET; THENCE N71 "42'02"E, 45.01 FEET; THENCE N71 °32'19"E, 29.47 FEET; THENCE N73°3442"E, 53.66 FEET; THENCE N74°00'36"E, 84.95 FEET; THENCE N74°39'12"E, 258.20 FEET; THENCE N74°40'23"E, 644.35 FEET TO A POINT ON THE SAID WEST RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY; THENCE CONTINUING ALONG SAID WEST RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY RUN S22°37'32"E, 33.75 FEET TO THE POINT OF BEGINNING. SAID PORTION OF LAND CONTAINS 49,844 SQ. FT (1.14 ACRES) MORE OF LESS AND IS SUBJECT TO RESERVATIONS, RESTRICTIONS AND EASEMENTS OF RECORD. PROFESSIONAL LAND SURVEYORS & MAPPERS Certificate ofAuthorization ; LB 6905 17171ndki River Blvd, - Suite 201 Yero Beach, Florida 32960 phone: (772) 794 - 1213 facsimile: (772) 794 - 1096 e-mail: N905@bellsouth.net n{ _ 7H/S SURVEY /S iC6r VALID WtIHOUT 17fE " SIGNATURE ANO `THE ORIGINAL -RAISED SEAL Or THE FLORIDA LICENSED SUR4YOR AND;MAPPER NAMED BELOW. STUART A. HOUSTON, P.L.S. 14490 PAGE 2 o/ 2 v.,\ I \� I / I RI"' uNE 15' WIDE UTLITY i EASEMENT / SOU.O/, 14.4p'23 64148j5 `R R\GNB 3•V/ 644 i P.O.C: ' N71'71i9 £_• ' R� UNE 29.72' .,...,.. N7BS09 E 39'11�E ZZ4.r N71 41'01 C- m 96' / . 11"M. `..-` - _ 45.00' / n .574-39" - N714J 56 £ 74 J2• �.:••...•• S74V0:J6W 64,95' N17'571J'E57JU441''N^ 6157 5.):66' 1 •.•.. • S715179W I 1 ,'•.,:57141 b1�W 19 47' 4501, 57iW'JO'W S7478'10'W 56.77' 17.99' S17*5XWW a o + 9 44.9x'' I aha :.�•;SE1/4OFSW114 aI Y SEC. 13-33-39 ; TABERNACLE 9ANIST CHURCH INC. .. I 33391300000700000029.0 SW 1/4 OF SE 1/4 SEC. 13-33-39 S2277W E 1512' OP.O.B. J.x75' UNPLATTED LANDS GFAP-IIC SCALE 150 O 75 150 ®®l M FEET J North I inch = 150 ft. I�I��'ULdil�i PROFESSIONAL LAND SURVEYORS & MAPPERS C6*finreofAudroJil6w: LB 6905 171710 w Riva Blvd - Suile 10l Vero Be4 Florida 11960 phone: (771)194 - 1113 f5aunile: (771) 794 - 1096 c, aI:Ib690*dl wtbnel Legend & Abbreviations: PLS - PROFMONAL LAND SURVEYOR PSM - PROFESSIONAL SURVEYOR Cr MAPPER LB - LAND SURVEYING BUSINESS PDC - POINT OF COMMENCEMENT Pod - POINT OF BEGINNING POT - POINT OF TERMINUS R.F.W.CD.- INDIAN RIVER FARMS WATER CONTROL DISTRICT R/W - R/OHT OF WAY SEG - SECTION Plot of Survey for: CAMP, DRESSER, & MCKEE Type: SKETCH OF LEGAL DESCRIPTION NOT A BOUNDARY SURREY PROD- NO. 10-024 DWN. BY.- E.✓.H. CKD. BY.• S.A.H. DA TE-• 5/25/10 SCALE.- 1"-- 150' THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH SIGNATURE AND SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT THE PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE ANOTHER. PAGE 1 of 2 Report of Survey. (Project #10-024) TYPE OF SURVEY: SKETCH OF LEGAL DESCRIPTION NOT A BOUNDARY SURVEY THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE & STODDARD, INC. LB 6905 1717 INDIAN RIVER BLVD. SUITE 201 VERO BEACH, FLORIDA 32960-0864 ' PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: STUART A. HOUSTON, P.L.S. #4490 • THIS SURVEY MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS AS ESTABLISHED IN CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. • THE BEARING BASE FOR THIS SURVEY IS: N00°17'55"E, ASSUMED ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 13-33-39 • NO TITLE OPINION OR GUARANTEE IS EXPRESSED OR IMPLIED. • LEGAL DESCRIPTION IS BASED ON PLANS PROVIDED TO THIS FIRM BY THE OFFICE OF CAMP, DRESSER, & MCKEE. LEGAL DESCRIPTION: A PORTION OF LAND LYING IN THE SOUTHWEST 1/4, AND THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. TO BE USED AS A UTILITY EASEMENT, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT SOUTH RELIEF CANAL, AND THE WEST RIGHT OF WAY OF OLD DIXIE HIGHWAY; THENCE RUN N22°3T3Z W, 33.75 FEET TO THE POINT OF BEGINNING; THENCE S74°40'23"W, 644.35 FEET; THENCE S74°39'12"W, 258.20 FEET; THENCE S74'00'36"W, 84.95 FEET; THENCE S73°34'42"W, 53.66 FEET; THENCE S71°32'19"W, 29.47 FEET; THENCE S71 °42'02"W, 45.01 FEET; THENCE S71°38'30"W, 66.77 FEET THENCE S17°57'23"W, 44.96 FEET TO A POINT ON THE SAID SOUTH RIGHT OF WAY OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT SOUTH RELIEF CANAL; THENCE S74°28'10"W, 17.99 ALONG SAID SOUTH RIGHT OF WAY LINE; THENCE LEAVING SAID SOUTH RIGHT OF WAY LINE RUN N17°5723"E, 62.57 FEET; THENCE N71 °41'56"E, 74.32 FEET; THENCE N71 °42'02"E, 45.00 FEET; THENCE N71°32'19"E, 29.72 FEET; THENCE N73°34'42"E, 53.98 FEET; THENCE N74°00'36"E, 85.09 FEET; THENCE N74°39'12"E, 258.24 FEET; THENCE N74°40'23"E, 642.48 FEET TO A POINT ON THE SAID WEST RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY; THENCE CONTINUING ALONG SAID WEST RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY RUN S22°37'32"E, 15.12 FEET TO THE POINT OF BEGINNING. SAID PORTION OF LAND CONTAINS 18,949 SQ. FT (.44 ACRES) MORE OF LESS AND IS SUBJECT TO RESERVATIONS, RESTRICTIONS AND EASEMENTS OF REMRD;> � j 614 ffomw./LVfl,� THIS SUR WY lS NdF`�AL� �1 7rjJ� SIGNATURE AND THE -1- PROFESSIONAL LAND SURVEYORS & MAPPERS THE Certificate ofAuthonzabon: LB 6905 um°BELow�' `" �'`, ti 17171ndian River Blvd - Suite 201 Pero Beach Ron& 32960 ✓ �,��' , Am: (772) 794 - 1213 facsimile: (772) 794 - 1096 e-mail: A6905@bellSout% xet STUART A. HOUSTON; P. L S. /4490 9 of 2