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Home My WebLink About2005-075RESOLUTION NO. 2005-075 UTL.03-06/93 This instrument prepared under the direction of: Laurice C. Mayes, Esq. Legal description prepared by: Denise M. Alexander (4-12-05) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. Item/Segment No. Section No. Managing District: S.R. No. County: RESOLUTION 107.3 2285832 88010-2503 04 5 (U.S. 1) Indian River ON MOTION of Commissioner NPuhPrgar 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 5 . OVED AS -1-0 FORM THOMAS S OWTHER, .:CHAIRMAN Print Name:' r "CH -AIRMAN Board of County Commissioners Indian River County, Florida PAGE ONE OF ONE E x H 2 S 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 SE 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.S. Highway No. 1, 31.38 feet; thence southeasterly to the East line of the NW 1/4 of the SE 1/4 265.88 feet; thence South 248.87 feet to a point; thence West 142.19 feet to the East right of way line of the Florida East Coast Railway; thence northwesterly along said right of way 515.77 feet to a point; thence east to the Point of Beginning; TOGETHER WITH the West 15 feet, measured normal from the Eaet 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 SE 1/4 with the West right of way line of new U.S. Highway No. 1; run southeasterly along said westerly right of way 200 feet to the Point of Beginning; thence southeasterly along said westerly right of way 171.0 feet; thence west 142.53 feet to the Eaet right of way line of the Florida East Coast Railway; thence northwesterly along said right of way 171.0 feet; thence east 141.63 feet to the Point of Beginning. b'U 31Gi pko'EP TY VERO•• SHORES 11-33-40 UPIIT 1 1sr.• • BOAT ; CNAN 4*Mli of • 22'4;1. 3! ; ?lJ k e • • iD `•TR(l B7-- �1 1 •��I F. l r\\ Utility 1 1 /'.t! r ., t.l.l•..•. 11111, •.1 MI,! V M . •1•.•11 DOCUMENTARY STAMPS <>, DEEP $.70 Tax ID 131-33-40-00000-7000-00003.0&3.1 DUO$ Jf(fREYK pARw& fIfRK EASEMENT INDIAN RIVEN COt;NIY This GRANT OF EASElV�ENT, made and executed this 4;i6 day of �1.( , A.D., 19M11 by ST. LUCIE DEVELOPMENT CORPORATION, a Florida corporation, f/k/a KEVIN S. HAWKINS, INC., the address of which is Post Office Box 650488, Vero Beac TRERECOR080F FFREY K. BARYON FL 32965, hereinafter called GRANTOR*, Clc_RKCIRCUIT COURT INDIAN RIVER CO., FLA. to INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 1840 25th Street, Vero Beach, FL 32960, hereinafter called GRANTEE*, *Whenever used herein the term GRANTOR and GRANTEE Include all parties to this instrument and their heirs, legal represontativea, successors, and assigns. WITNESSETH: That GRANTOR for and in consideration of the sum of ONE DOLLAR and other consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, 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 "A" ATTACHED HERETO AND MADE A PART HEREOF And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized 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 persona whomsoever. IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first above written. Signed, sealed, and delivered in the presence of: printed sign nt Wit na -. en ee..eY C. ,t;ANG, V/C. ST. LUCIE DEVELOPME CORPORATION /k/a S. HAW11jtr y NC. „4 Ke in S. Hawkins Q•lt�/ By cs c'. cNAsr/ iN ATE OF FLORIDA COUNTY OF INDIAN RIVER. IN President (Corp. Seal) •nom;'".`s.T 1 r., »•' t0 Cit The fore ofng instrument was "t3worn tb • e(nd subscribed before me this f. day of .. , 199t* by Kevin S. Hawkins as President of ST. LUCIE DcEVELOPMENT CORPORATION, a Florida corporation, f/k/a KEVIN_S--HAWKINS, INC., on behalf of the said corporation. Ile 18‹. personally known• t me or produced tiE4eati�n x My Commission Expires: r1� •lata, r.'br %n,ent wee -.r•enarrd St., /.o .lead Florida 34.i.",() sign print- . name Co , ission Official Seal PERRY C.LAM. JR NOary Public. SUts of HOn3a MyCon:mission Exp. March 1 a, t 99r. Comm.NO CC 44011' 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:Q� INDIAN RIVER COUNTY �. 1 By Its Board of County APr�Rov rint Name: e�-- P L -e( clerk) Commissioners `n..: `� O VtlfaAer TO FORM AN ' . EGAL SUFFICI CY BY IAN . ELL SSISTANT COUNTY ATTORNEY STATE OF FLORIDA COUNTY OF INDIAN RIVER BY: THOMAS S . LOWTHER, WIAN Print Name: Its Chairperson (or Vice -Chairperson) 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: JuTy 15, 2007 Serial No . , if any: flD21,6503 ;w.1.1 Kimberly E. Massung MYCOMMISSIONDD216503 EXPIRES July 15, 2007 BONDED THRU TROY FAIN INSURANCE, INC. PAGE FOUR OF FOUR 23-UTL.02-06/93 This instrument prepared under the direction of: Laurice C. Mayes, Esq. Legal description prepared by: Denise M. Alexander (4-12-05) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. Item/Segment No. Section No. Managing District: S.R. No. County: 107.3 2285832 88010-2503 04 5 (U.S. 1) Indian River 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 ITNESSET 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 '/ 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 89°37'25" West along the North line of said Southeast '/, 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 19°45'47" 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 38°26'58" East, a distance of 275.97 feet; thence South 00°31'32" West, a distance of 248.67 feet; thence North 89°37'25" 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 19°48'06" West along said Easterly Existing Railway Right of Way line, a distance of 696.51 feet; thence South 89°37'25" 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 Corporation, a Florida corporation f/k/a Kevin S. County, Florida, a political subdivision of the State of 1293 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 in the presence of: (Two witnesses required by Florida Law) Print Name: Print Name: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Title: District Secretary for District IV 3400 West Commercial Blvd. Ft. Lauderdale, Florida 33309 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