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Home My WebLink About2002-097 r. 2002-097 UTL. 03-06/93 This instrument prepared under the direction of: parcel No. Lauzice C. Mayes, Es Item/Se 108 .4 Legal description p='q�epared Section No. No. 2285833 Grace K. Abel b 88010- Department of (L-15-02 ' y� Managing Districts O4 2505 TransportatiS'R. No. 3400 W. Commercial Bon oulevard County: S (U-S. 1) Ft, Lauderdale, Florida 33309 Indian River R a 8 0 L V T I O N secondee OMOTION of Commissioner d by Commissioner A ams the following Resolution was adopted: n , WHEREAS, the State of Florida De , proposes to construct or Improve mprove StDe artment of Transportation Count Item/Segment No. 2.285833 Road No. 5 (U.S. Y, Florida: ander—' Section No. 88010-2505 1) ' in Indian River Indiana Riiver,Cots nec"Ga be used temporarily certain lands now owned by Department of Transportation:bUsedmporaril and Y by the State Of Florida WHEREAS, said use is in the best interest of the WHEREAS, the State of the De County: and made application to said Count Department of Transportation has Florida Department of Transportation a Y to execute and deliver to the Interest, or interests, in favor subordination of utility tate of request having been dui of the State of Florida }' considered, and said NOW THEREFORE, BE IT RESOLVED b of Indian River Count Y the Board of Count Department of Trane ortation for a s Y Commissioners p the pplication of the State of Florida or interests, is for transportation ordination he State community interest and for purposes whicof h are in heility nterest, Utility interest, or interes s, i welfare; that a subordination odic or Department of Transportation, in favor of the State of Florida and executed b in Indian River Count be $_2e�o Y this Board of -County Commiesioners,Y' should be drawn Consideration shall BE IT FURTHER RESOLVED forwarded forthwith to the Stag a certified co Transportation at 3400 W. PY of this Resolution be Of Florida Department of 33309. Commercial Boulevard Ft . • Lauderdale, Florida STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that the adopted by the Board of t he foregoing is a true co y of Florida at a meeting held on heommissioners of Indian River Count 200 12th day of ovem er ' Print Name: Kenneth R. Macht Clerk C airman Board of County Commissioners Indian River Count Florida <t 23-UTL.02-06/93 This instrument prepared Parcel No. under the direction of: Item/Se 108.4 Laurice C. Mayes, Esq. Item/Segment No. 2285833 Legal description Section No. 88010-2505 p prepared by: Managing District : 04 Grace K. Abel (7-15-02) S.R. No. Department of Transportation County: 5 (U.S. 1) 3400 W. Commercial Boulevard Indian River Ft. Lauderdale, Florida 33309 SUBORDINATION OF COUNTY UTILITY INTSRZSTS 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. N I T N g S S S T A: WHEREAS, the COUNTY presently has an interest in certain real property that is needed for a transportation facility; and WHEREAS, the proposed use of the real property requires subordination of the COUNTY'S interest to the FDOT; and WHEREAS, the FDOT is willin locating, g to participate in the cost of protecting, adjusting .or removing the COUNTY'S facilities if necessary to prevent conflict between the COUNTY'S facilities and the transportation facility; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the COUNTY hereby agree as follows: 1. The COUN'T'Y hereby subordinates to the interest of FDOT, its Property described as follows: Processors, r assigns, any and all interest the COUNTY has in the real Parcel No. 108 Item Segment No. 2285833 (Section No. 88010-2505) A portion of the Northeast One-Quarter of Section 13, Township 33 South, Range 39 East, Indian River County, Florida, being more Particular described as follows : at a found PK il the East Sectione13 ; thence North a89�48r52 marking orlon OtheEaeteWeetrner of Bald Section line of said section 13 , a distance of 781 . 90 feet to a ter on the Baseline of Survey for State Road 5 (U.S. 1) as shown on Point (Continue on the Next Page) 1 . Florida Department of Transportation Right of Way Map for Section 88010-2503 ; thence'*North 28017.37" West along said Baseline of Survey, a distance of 1, 164, 12 feet; thence North 61042.23-' East along a line at a right angle to the last described course, a distance of 49.25 feet to a point on the Easterly Existing Right Road 5 (V.S . 1) , of Way line for said State the Easterly Existing Right of Way line for 6�' A 28 .90 venue and the POINT OF BEGINNING; thence North 00 1O 55"' East along Easterly Existing Right of Way line for said 6� Avenue, a distance of feet to a point on a line 13 .78 feet East of and the Easterly Existing Right of Way line for said State Road 15e1 with thence South 28017137" East along said parallel line, a dietance�of 1) � 90 .49 feet; thence North 89048'21"' West, a distance of 15.68 feet f a point on the Easterly Existing Right of Way line for said State Road 5 d Esterlting Right of�way eline, ance tdistance 3of 57. 6070 West afeet tolong ithea POINTyO�isG F BEC3INNINNINC3. Containing 1, 020 square feet, more or less. The interest of the COUNTY being subordinated hereby includes, but is not necessarily limited to, the interest created by the following document: INSTRUMENT DATE FROM TO O.R.B. & PAGE Easement 4/21/89 Kenneth R. Indian River 829/1982 Schindler county, a political subdivision of the State of Florida 2 . The COUNTY shall continue to have all rights under the COUNTY S real property interest document identified above, of the real property shall be subject except that the use to the control o£ the FDOT Pursuant to paragraph 3 hereof. 3 . The FDOT shall have the right to control the COU ' Use real property interest created by the document identifiedSaboveointthe following manner: a. The FDOT may require, for any present Or future transportation facility project, that any facilities of the COUNTY be located, protected, adjusted, or removed as the FDOT determines is necessary (including the timing of any of such activities) to accommodate the transportation facility project . The COUNTY shall have the right to engage in additional protective measures during the transportation determines facility project beyond what the FDOT is necessary, provided that the cost of any such additional protective measures shall be borne by the COUNTY. samm- M9 co am 2 In the event the FDOT exercises it's ' hereof and the exercise of those rights createseCost, Over what the COUNTY graph 3 would normally have incurred had this subordination not been executed, the FDOT will bear the include, but not necessarily be limited toss costa. Exces° CO°te shall facilities resulting frdkm failure of , ' damage to the COUNTy•S the COSY has not elected al FDOT S protective mea Pursuant to ■ undertake additional °tee° where MOT bearing the excesehcoeta shallbe The epecificProtective measures SEE ADDUaM A ATTACHM by separate agreement. gement for HERETO AND A'DiDE -A PART HEREOF N WITNESS WHEREOF• the FDOT has executed this agreement this day of and effective Year. Signed, sealed and delivered in the presence of: STATE OF FLORIDA DEPAR (Two witnesses required by OF TRANSPORTATION TMENT Florida Law) By: Name: RICK CHESSER Title: Die.trict Secreta for Diry strict IV Print Name: 3400 West Commercial Blvd. Ft. Lauderdale, Florida 33309 Print Name: Legal Review By: District Counsel STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this day of 200 for District IV, who iso bS' RICK CHESSER District Secreta 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: 3 ' ADDENDUM A 4 . 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 facilitates as required by the FDOT Utility Accommodations Manual in 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 such lands, the FDOT hereby agrees to pay the cost of each alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements . 3A IN NITNBSg MOMMOF, the County has caused these presents to be exxcuted in its name by its Hoard of County Commissioners actin Chairperson or Vice-Chairperson of said Board, the day and year g �' the Aforesaid. ATTES , INDIAN RIVER COUNTY Print Name. �-; ,11,•, .`. By Its Board of County Clerk (or Depu y Clerk) , Commissioners PATRICIA M. RIDGELY BY: Print Name: Kenneth R. Macht Its Chairperson (or Vice-Chairperson) STATE OF FLORIDA BCC Approved: November 12, 2002 COUNTY OF INDIAN RIVER The foregoing instrument was acknowleded before me this 12th day of , 2002 who is persona ly known to me Xby KX ?nneh R.di�XCht, Chairman • as identification. Y Kimberly E McissungZ MY COMMISSION#CC8554365�36 EXPIRES July 15,1003 �// BONDED THRUTROY FAIN INSURANCE,INC Print Name: /�..1 M b E Q Sin Notary Public in an ay for the my and State last aforesaid. My Commission Expires : Serial No. , if any: 4