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Home My WebLink About2017-125• 3120170052645 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3054 PG: 2308, 9/14/2017 4:22 PM SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT entered into this I 3tk day of 5topterobe+r 2017 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called she FDOT, and INDIAN RIVER COUNTY; FLORIDA, 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. 103 Item/Segment No. 4317591 A portion of Lot 20, Block 4, SUNNYSIDE PARK, according to the plat thereof, as recorded in Plat Book 1, Page 7 of the Public Records of Indian River County, Florida, lying in Section 3, Township 33 South, Range 39 East, as shown on Sheets 3 and 8 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4317591, Section 88060-2526, being more particularly described as follows: Commence at a PK nail, found marking the West One -Quarter (W 1/4) Corner of Section. 3, also being a point on the Baseline of Survey of County Road 611 (43rd Avenue); thence North 00°00'25" East along -the West line of said Section 3 and said Baseline of Survey of County Road 611 (43rd Avenue), a distance of 17.50 feet to a point on the Baseline of Survey of State Road 60 (20th Street); thence South 89°31'04" West along said Page 1 of 6 BK: 3054 PG: 2309 Baseline of Survey for State Road 60 (20th Street), a distance of 50.55 feet; thence South 00°28'56" East along a line at a right angle to the previously described course, a distance of 67.68 feet to the intersection of the Southerly Existing Right of Way line of said State Road 60 (20th Street) and the Easterly Existing Right of Way line of said County Road 611 (43rd Avenue) and the POINT OF BEGINNING; being the beginning of a curve concave Southerly, having a chord bearing of North 85°27'09" East; thence Easterly along said Southerly Existing Right of Way line of State Road 60 (20th Street) and said curve, having a radius of 12.00 feet, through a central angle of 10°03'33", an arc distance of 2.11 feet to the end of said curve; thence South 89°31'04" East continuing along said Southerly Existing Right of Way line of State Road 60 (20th Street), a distance of 17.90 feet; thence South 45°14'59" West, a distance of 28.17 feet to a point on said Easterly Existing Right of Way line of County Road 611 (43rd Avenue); thence North 00°01'01" East along said Easterly Existing Right of Way line of County Road 611 (43rd Avenue), a distance of 19.82 feet to the POINT OF BEGINNING. Containing 200 square feet, more or less. RECORDED INSTRUMENT DATE GRANTOR GRANTEE O.R.B.& PAGE Easement 02/10/97 Heon Yong Kim and Aeja Kim, husband and wife Indian River County, Florida, a political subdivision of the State of Florida O.R.B. 1139, PG. 0458 Grant of Easement 10/08/99 Heon Yong Kim and Aeja Kim, husband and wife Indian River County, Florida, a political subdivision of the State of Florida O.R.B. 1298, PG. 2460 PROVIDED that the COUNTY has the following rights: Page 2 of 6 BK: 3054 PG: 2310 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. 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 3 of 6 BK: 3054 PG: 2311 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 witnesses Print Name: A Iles Chan -el Pri Name : i Cf al k ►�i' STATE OF FLORIDA COUNTY OF BROWARD STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Title: District Secretary for District IV Attorney approved as to form: Name: DAWN RADUANO The regoing instrument was acknowledged before me this /grl—day of , 201'"7 , by GERRY O'REILLY, District Secretary for District IV, who is personally known to me or who has produced as identification. PHiLIPPA SAM0EL WEL: SS-I�GA MY COMMISSION #FF106194 EXPIRES. JUL 23, 2013 3crce0 imr es';: Sl to !osva,nce Page Print Name:60.,1411„ Notary Public in and for the County and State last afgresaid. My Commission Expires: 7 4 of 6 BK: 3054 PG: 2312 23-UTL.02-06/93 This instrument prepared under the directi o Dawn Raduano, Esq-jJ Legal Description prepared by: Louis Cefolia, P.S.M. (04/15/16) Document prepared by: Grace K. Abel (07/15/16) Department of Transportation Right of Way Production Services 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year aforesaid. Serial No., if any: FF I01QNy Parcel No. Item/Segment No. Section: Managing District: S.R. No. County: 103.3 4317591 88060-2526 04 60 Indian River Approve By Jason E County A BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA h E. Flesc er, Chairman BCC;Approved: R couN strator Attest: Jeffrey R. Smith Clerk of Court and Comptroller By: Deputy Clerk (Z) Page 5 of 6 August 15, 2.017 BK: 3054 PG: 2313 Approved as to form and legal sufficienc William K. DeBraal Deputy County Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 15th day of August , 2017, by Joseph E. Flescher, Chairman, who is personally known to me or who has produced as identification. Now MUM*, l ' 05S10NF•. ; : V� JAY 1 .<10 'i *: go•.0 yf'. 1FF 65450 Q sem` 0/8r 4/4766 'iyt9y ....... .� Print Name: Misty L. Pursel Notary Public in and for the County and State last aforesaid. My Commission Expires: 1/11/18 Serial No. , if any: FF 65450 Page 6 of 6 BK: 3054 PG: 2314 RESOLUTION NO. 2017-__ngL A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF A SUBORDINATION OF COUNTY UTILITY EASEMENTS FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE 43" AVENUE/STATE ROAD 60 PROJECT. WHEREAS, the construction improvements to the 43' Avenue/State Road 60 intersection, including the addition of turn lanes, drainage piping with drainage structures, signalization, signing and pavement markings from 18th to 26th Street ("Project") is an Indian River County priority project; and WHEREAS, the County has two utility easements that may be affected by the Project; and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, a Subordination of County Utility Easements for the aforementioned Project, in case the utility facilities need to be relocated should there be • a conflict that arises during construction of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Subordination of County Utility Easements for the aforementioned project. The foregoing resolution was offered by Commissioner O'B:ryan who moved its adoption. The motion was seconded by Commissioner Zorc and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher AYE Vice -Chairman Peter D. O'Bryan AYE Commissioner Susan Adams AYF: Commissioner Bob Solari AYE Commissioner Tim Zorc AYE The Chairman thereupon declared the resolution passed and adopted this 15th day of August, 2017. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Afzida Deputy Clerk BOARD OF COUNTY COMMISSSIONERS .9F`JPDtAN. RIVER COUNTY, FLORIDA E. F'scher, Chairman • • Approved as to Form and Legal Sufficiency '>i pr. �'' SFR COUHSY ;� ••• liam K. DeBraal, Deputy County Attorney F:\Attorney\Bill\Capital Projects\43rd Avenue Project\FDOT Documents \ Resolution FOOT Subordination of Utilities.doc STA YE OF FLORIDA INDIAN RIVER COUNTY THIS I5 TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. 4Y 10JEFFR 'r R.1 S y `i I H CLERK 1 I �•'� / / 1DAT 0 to .1