HomeMy WebLinkAbout2018-049 TRUE COPY
23-UTL.04-06/93-Modified by D4/DR
RR S�TH,ICLERKLAST PAGE
This instrument prepared under the direction of:
Legal Description prepared by:
Louis Cefolia,P.S.M. (09-25-17)
Document prepared by: Parcel No. 102.5
Grace K. Abel(09-25-17) Item/Segment No. 4317591
Department of Transportation Section: 88060-2526
Right of Way Production Services Managing District: 04
3400 W. Commercial Boulevard S.R. No. 60
Ft.Lauderdale, Florida 33309 County: Indian River
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT entered into this 13th day of March 201 8 , by and between
INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called the
COUNTY, and the CITY OF VERO BEACH, a Florida municipal corporation, hereinafter called the
CITY.
WITNESSETH:
WHEREAS, the CITY 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 CITY to the COUNTY; and
WHEREAS,the COUNTY is willing to pay to have the CITY'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,
CITY and COUNTY agree as follows:
CITY subordinates to the interest of COUNTY its successors and assigns, any and all of its interest
in the lands as follows,viz:
Parcel No. 102 Item/Segment No. 4317591
A portion of Tract 5,INDIAN RIVER FARMS CO.,according to the plat thereof,as recorded in Plat Book
2, Page 25 of the Public Records of St. Lucie County, Florida, lying in Section 3, Township 33 South,
Range 39 East,as shown on Sheets 2 and 6 of the Florida Department of Transportation Right of Way Map
for Item/Segment No.4317591, Section 88060-2526, being more particularly described as follows:
Page 1 of 5
\TRUE COPY
.1ERTIFICATION ON LAST PAGE
'.R.SMITH,CLERK
Commence at a PK nail,found marking the West One-Quarter(W 1/4)Corner of said 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 661.82 feet;thence South 89°59'35"East along a line at a right angle to the previously described course,
a distance of 50.00 feet to a point on the Easterly Existing Right of Way line of said County Road 611 (43rd
Avenue)and the POINT OF BEGINNING;thence North 00°00'25"East along said Easterly Existing Right
of Way line of County Road 611 (43rd Avenue),a distance of 750.14 feet;thence South 07°49'06"East,a
distance of 139.55 feet; thence South 00°00'25" West, a distance of 75.08 feet; thence South 10°27'52"
West, a distance of 33.06 feet; thence South 00°00'25" West, a distance of 345.67 feet; thence South
04°41'31"West,a distance of 159.16 feet to a point on said Easterly Existing Right of Way line of County
Road 611 (43rd Avenue)and the POINT OF BEGINNING. Containing 8,785 square feet,more or less.
RECORDED
INSTRUMENT DATE FROM TO O.R.B.&PAGE
Easement 11/30/70 Dodgertown,Inc.,a City of Vero Beach, a O.R.B. 371,
Florida corporation municipal corporation of
the State of Florida PG. 310
PROVIDED that the CITY has the following rights:
1. The CITY 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 COUNTY'S
current minimum standards for such facilities as required by the COUNTY'S applicable procedure or
guidelines, 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 COUNTY. Should the COUNTY fail to
approve any new construction or relocation of facilities by the CITY or require the CITY to alter, adjust,
or relocate its facilities located within said lands, the COUNTY hereby agrees to pay the cost of such
alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate
easements.
2. Notwithstanding 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 CITY 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
Page 2 of 5
4 TRUE COIF
)ERTIFICATION ON LAST PAG`
LR.SMITH.CLERK
endanger or interfere with such facilities, provided that such rights do not interfere with the operation and
safety of the COUNTY's facilities.
4. The CITY agrees to repair any damage to COUNTY facilities and to indemnify the COUNTY
against any loss or damage resulting from the CITY exercising its rights outlined in Paragraphs 1 and 3
above. Except to the extent provided by section 768.28, Florida Statutes, nothing in this Agreement shall
be construed or intended to be a waiver of the parties' sovereign immunity whether by contract or by law.
Signature pages follow
Page 3 of 5
A TRUE COPY
;ERTIF1CATION ON LAST PAGE
+.R.SMITH,CLERK
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 or Vice Chairman of said Board,the day and year
aforesaid.
ATTEST: JEFFREY R. SMITH Board of County Commissioners
Clerk of Circuit Court and Comptroller INDIAN RIVER COUNTY,FLORIDA c,oti,M�sSYo^"
i8 'J •X96'
1
:c:,.
• •
P
By: y;
Deputy Clerk PETER D. O'BRYAT ' ` ,. .�
Chairman '3."'• ft?
:o?:
BCC Approved: March 13, '2 .COIN."
APPROVED AS TO FORM AND
LEGAL SU FICIE Y
(Official Seal)
By:
0
WILLIAM K.DEBRAAL
Deputy County Attorney
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this 14th day of March 2018,
by Commissioner PETER D. O'BRYAN, Chairman,who is personally known to me or . '• as produced
as identification.
11111UrJ
Print Name: Misty L. Pursel
Notary Public in and for the
County and State last aforesaid.
My Commission Expires: January 11, 2022
Serial No., if any: GG 166068
e N Nosty L.tary PuPblicurse)State of Florida
Mi
My Commission GG 166068
j0►„► Expires O1/11/2022
Page 4 of 5
IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its City
Council acting by the Mayor or Vice -Mayor of said Board, the day and year aforesaid.
ATTEST:
Tammy Bursick
City Clerk
SEAL
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
CITY OF VERO BEACH, a Florida
municipal corporation
By: Harry Howle III
Mayor
The foregoing instrument was acknowledged before me this day of
2018, by Harry Howle III, as Mayor, and Tammy Bursick, as City Clerk, who are 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:
ADMINISTRATIVE REVIEW
(For Internal Use Only—Sec. 2-77 COVB Code)
Approved as conforming Approved as to technical
to City policy: requirements:
James R. O'Connor Robert J. Bolton
City Manager Director, Water & Sewer
Approved as to form
and legal sufficiency:
STATE OF FLORIDA
Wayne R. Coment INDIAN RIVER COUNTY
City Attorney THIS IS TO CERTIFY THAT THIS IS 1
A TRUE AND CORRECT COPY OF
Page 5 of 5 THE ORIGINAL ON FILE IN THIS
g OFFICE.
JMIT CLERI
.ATE jI