HomeMy WebLinkAbout2005-104 RESOLUTION NO. 2005-104
A RESOLUTION OF THE BOARD OF'COMMISSIONERS OF
INDIAN RIVER COUNTY.AUTHORIZING THE DEPARTMENT
OF UTILITY SERVICES TO SUBORDINATE UTILITY
INTERESTS FOR A SEGMENT OF US HIGHWAY I.
WHEREAS, the Indian River County Board of County Commissioners (Board) enters-
into a Subordination of Utility Interests in Utility easements referred to as Parcel Nos. 105 and
805; and
WHEREAS, these parcels are better described as being Item/Segment No. 2285832,
Section No. 88010-2503, in the Managing District 04, SR 5 (U.S. Highway 1), in the County of
Indian River; and
WHEREAS, the subordination entitles the FDOT access to the above-captioned
easements for construction purposes; and
WHEREAS, it is in the public's and the Board's best interest to"be able to provide the
FDOT with access to these parcels.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
INDIAN RIVER COUNTY that by their signature executed below, the Board hereby directs and
authorizes.the Department of Utility Services to subordinate their interest in easements located
at Parcels 105 and 805, SR 5 (US Highway 1), in Indian River County.
The resolution was moved for adoption by Commissioner Davis, and the motion was
seconded by Commissioner Neuberger, and, upon being put to a vote, the vote was as follows:
Chairman Thomas S. Lowther "Aye
Vice Chairman Arthur R. Neuberger Aye
Commissioner Sandra L. Bowden Aye
Commissioner Gary C. Wheeler Aye
Commissioner Wesley S. Davis Aye
The Chairman thereupon declared the resolution duly passed and adopted this 21st day
of June, 2005.
Attest: J.K. Barton; Clerk INDIAN RIVER COUNTY
=� Board of County Commissioners
Depu erk;% Thomas S. Lowther, Chairman
App ved to ~yrm�& le 'uffici nc
Fell, ssist oun y orney
Item Segment No. 2285832 Fee Simple Right of Way
(Section No . 88010-2503 )
' I�P, rcel :No10'S State Road 5 Indian River County Description
�s
A portion of the Northeast 3 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 3 Corner of said
Section 31 ; thence North 89237 ' 25" West along the South line of
said Northeast 3, a distance of 1 , 466 . 04 feet to 'a point on the
Easterly Existing Right of Way line for State Road 5
(U. S . 1) as shown on the Florida Department of Transportation
Right of Way Map for Section 88010-2503 and the POINT OF
BEGINNING; thence North 19955 ' 25" West along said Easterly
Existing Right of Way line, a distance of 103 . 67 feet; thence
South 70204 ' 18" West along said Easterly Existing Right of Way
line, a distance of 1 . 99 feet; ,thence North 19245 ' 47" West
continuing along said Easterly Existing Right of Way line, being
111 . 25 feet Easterly of and parallel with the Baseline of Survey
for .said State Road 5 (U. S . 1) , a distance of 224 . 50 feet to the
point of curvature on a non-tangent curve concave to the
Northeast, . having a chord bearing of South 25214 ' 08" East; thence
Southerly along the arc of said curve, having a radius' of
10, 107 . 58 feet, through a central angle of 01,25515511 , and an arc
distance of 340.. 82 feet to. a point on said South line of the
Northeast 3and the end of said curve; thence -
North 89937 ' 25" West along the said South line, a distance of
32 . 19 feet to the POINT OF BEGINNING.
Containing 4 , 772 square feet, more or less .
Item Segment No. 2285832 Perpetual Easement
(Section No. 88010-2503)
N
CS,
ce`l b ;�8�`Q5� State Road 5 Indian River County Description
A portion of land lying in the Northeast 1/ of Section 31,
Township 33 South, Range 40 East, Indian River County, Florida,
more particularly described as follows :
Commence at a PK nail marking the East 1/ corner of said Section
31; thence North 89237 '25" West along the East 1/ Section line
of said Section 31, a distance of 1, 423 . 79 feet to the POINT OF
BEGINNING; thence continue North 89437 ' 25" West along said East
1/4 Section line, a distance of 10 . 06 feet to a point on a
non-tangent curve concave to the Northeast having a chord bearing
of North 25214 ' 08" West; thence Northwesterly along the arc of
said curve, having a radius of 10, 107 . 58 feet, through a central
angle of 01955 ' 55" , and an arc distance of 340 . 82 feet to a point
on the existing Easterly right of way line for State Road 5
(U. S. 1) as shown on the Florida Department of Transportation
Right of Way Map for Section 88010-2503 ; thence
North 19945 ' 47" West along said Easterly existing Right Of Way
line and along a line being 111 .25 feet Easterly of and parallel
with the Baseline of Survey for State Road 5 (U. S. 1) , a distance
of 97 . 77 feet; thence South 89237 '25" East, a distance of 1. 96
feet to a point on a nontangent curve concave to the Northeast
having a chord bearing of South 24258 ' 26" East; thence i
Southeasterly along the arc of said curve, having a radius of
10, 098 . 58 feet, through a central angle of 02930 '21" , and an arc
distance of 441 . 67 feet to the POINT OF BEGINNING.
Containing 3 , 604 square feet (0. 083 acres) , more or less.
k
A perpetual easement for the purpose of constructing and
maintaining a slope for the support of the roadway and to provide
a replacement right of way for the relocation of utilities
currently existing within the project limits, including
associated upgrades, with the right of assignment of that
replacement right of way to the utility owner/operator.
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p R'e 6,.q PC NON-EXCLUSIVE DRAINAGE EASEMENT
pp•/1Nr (O.R.8.687, PG-2865)
N 00. ?3 p8ji BLANKET UTILITY EASEMENT
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COORDINATES:
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E 4017447555.039
8.-687 SEC 31 - TWP . 33 S .
FOR, GENERAL NOTES AND LEGEND INDIAN RIVER C(
D�tE
FLORIDA DEPARTMENT OF TRANSPORTATION 12-
805 17-02
ATTACHMENTC—SITE MAP
23-UTL.02-06/93
This instrument prepared Parcel No. 105.3R
under the direction of: Item/Segment No. 2285832
Dawn Raduano, Esq. Section No. 88010-2503
Legal description prepared by: Managing District: 04
Denise M. Alexander (5-26-05) S.R. No. 5 (U.S. 1)
Department of Transportation County: Indian River
3400 W. Commercial Boulevard
Ft. Lauderdale, Florida 33309
SUBORDINATION OF UTILITY INTERESTS
THIS AGREEMENT, entered into by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and
INDIAN RIVER COUNTY, FLORIDA, a Political Subdivision of the State of
Florida, hereinafter called the COUNTY.
W I T N E S S E T H.-
WHEREAS,
: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. 105 Item/Segment No. 2285832
(Section No. 88010-2503)
A portion of the Northeast '/4 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 '/4 Corner of said Section
31; thence North 89'37125" West along the South line of said Northeast
'h, a distance of 1,466.04 feet to a point on the Easterly Existing
Right .of Way line for State.Road 5 (U.S. 1) as shown on the Florida
Department of Transportation Right of Way Map for Section 88010-2503
and the POINT OF BEGINNING; thence North 19°55125" West along said
Easterly Existing .Right of Way line, a distance of 103.67 feet; thence
Continued
1
South 70°04118" West along said Easterly Existing Right of Way line, a
distance of 1.99 feet; thence North 19°45'47" West continuing along
said Easterly Existing Right of Way line, being 111.25 feet Easterly of
and parallel with the Baseline of Survey for said State Road 5
(U.S. 1) , a distance of 224.50 feet to the point of curvature on a
non-tangent curve concave to the Northeast, having a chord bearing of
South 25°14108" East; thence Southerly along the arc of said curve,
having a radius of 10,107.58 feet, through a central angle of
01°5515511, and an arc distance of 340.82 feet to a point on said
South line of the Northeast %4 and the end of said curve; thence
North 89°37125" West along said South line, a distance of
32 .19 feet to the POINT OF BEGINNING.
Containing 4,772 square feet, more or less.
RECORDED
INSTRUMENT DATE FROM TO O.R.B.&
PAGE
Grant of 10/11/93 Shopping General 0995/
Utility Centers, Ltd. Development 0505
Easement Utilities, Inc.
Assignment 10/13/93 General Indian River 0995/
of Easements Development County, 0516
Utilities, Florida, a
Inc. , political
a Florida subdivision of
corporation the State of
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, or 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.
-2-
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.
IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on
the day and year first above written.
Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT
in the presence of witnesses: OF TRANSPORTATION
By:
Print Name: JAMES WOLFE
Print Name.: Title: District Secretary
for District IV
Print Name:
Attorney approved as to form:
Name: DAWN RADUANO
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
day of , 200 , by JAMES WOLFE, 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:
-3-
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 �. --�� INDIAN RIVER COUNTY, FLORIDA
Jlea M. et el By Its Board of County
Print Name: Commissioners
Clerk (or Deputy Clerk)
BY:�~ 5
Print Name: Thomas S. Lowther
Its Chairperson
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowleded before me this 21St
day of _ltjnp 200 5 by lnomas S. Lowther ,
who is personally known to me or who has produced _
as identification.
• ,
Print Name: Kimberly E. Ma sung
Notary Public in and for the County
and State last aforesaic�,
My Commission Expires: JUly 15, 2007
Serial No. , if any: DD216503
L-016
23-UTL.02-06/93
This instrument prepared Parcel No. 805.3R
under the direction of: Item/Segment No. 2285832
Dawn Raduano, Esq. Section No. 88010-2503
Legal description prepared by: Managing District: 04
Denise M. Alexander (5-26-05) S.R. No. 5 (US 1)
Department of Transportation County: Indian River
3400 W. Commercial Boulevard
Ft. Lauderdale, Florida 33309
SUBORDINATION OF UTILITY INTERESTS
THIS AGREEMENT, entered into by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and
INDIAN RIVER COUNTY, FLORIDA, a Political Subdivision of the State of
Florida, hereinafter called the COUNTY.
W I T N E S S E T 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. 805 Item/Segment No. 2285832
(Section No. 88010-2503)
A portion of land lying in the Northeast '/a of Section 31, Township 33
South, Range 40 East, Indian River County, Florida,
more particularly described as follows:
Commence at a PK nail marking the East `/4 corner of said Section 31;
thence North 89°37'25" West along the East '/4 Section line
of said Section 31, a distance of 1,423.79 feet to the POINT OF
BEGINNING; thence continue North 89°37'25" West along said East
`/4 Section line, a distance of 10.06 feet to a point on a.
non-tangent curve concave to the Northeast having a chord bearing of
North 25114'08" west; thence Northwesterly along the arc of said curve,
having a radius of 10,107.58 feet, through a central angle of
Continued
01°55' 55", and an arc distance of 340.82 feet to a point on the
existing Easterly right of way line for State Road 5 (U.S. 1) as shown
on the Florida Department of Transportation Right of Way Map for
Section 88010-2503; thence North 19°45'47" West along said Easterly
existing Right Of way line and along a line being 111.25 feet Easterly
of and parallel with the Baseline of Survey for State Road 5 (U.S. 1) ,
a distance of 97.77 feet; thence South 89°37125" East, a distance of
1.96 feet to a point on a nontangent curve concave to the Northeast
having a chord bearing of South 24°58126" East; thence Southeasterly
along the arc of said curve, having a radius of 10,098.58 feet, through
a central angle of 02130121" , and an arc distance of 441.67 feet to the
POINT OF BEGINNING.
Containing 3,604 square feet (0.083 acres) , more or less.
RECORDED
INSTRUMENT DATE FROM TO O.R.B.&
PAGE
Grant of 10/11/93 Shopping General 0995/
Utility Centers, Ltd. Development 0505
Easement Utilities, Inc.
Assignment 10/13/93 General Indian River 0995/
of Easements Development County, 0516
Utilities, Florida, a
Inc. , political
a Florida subdivision of
corporation the State of
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, or 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.
-2-
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.
IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on
theday and year first above written.
Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT
in the presence of witnesses: OF TRANSPORTATION
By:
Print Name: JAMES WOLFE
Print Name: Title: District Secretary .
for District IV
Print Name:
Attorney approved as to form:
Name: DAWN RADUANO
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
day of , 200 , by JAMES WOLFE, 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:
-3-
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( ,2LZz"Iryl INDIAN RIVER COUNTY, FLORIDA
Ilea M. petgel By Its Board of County
Print Name: Commissioners
Clerk (or Deputy Clerk)
BY:� S
Print Name: Thomas S. Lowther
Its Chairperson
k�s(�� �x���scaaxlx
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowleded before me this 21st
day of ;lune 200 5 by Womas S. Lowther
who is personally known to me or who has produced
as identification.
Print Name: Kimberly E. Ma sung
Notary Public in and for the County
and State last aforesaid.
I My Commission Expires: JUly 15, 2007
Serial No. , if any: ' OD216503
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