HomeMy WebLinkAbout2019-052AFIRST AMENDMENT TO WATER, WASTEWATER AND RECLAIMED WATER
FRANCHISE AGREEMENT
BETWEEN_
THE CITY OF FELLSMERE, FLORIDA
AND
INDIAN RIVER COUNTY, FLORIDA
THIS FIRST AMENDMENT TO WATER, WASTEWATER AND RECLAIMED
WATER FRANCHISE AGREEMENT (hereinafter "Amendment") is entered into as of the
26thday of March , 2019, (hereinafter "Effective Date") by and between the City of
Fellsmere, Florida (hereinafter "FELLSMERE") and Indian River County, Florida
(hereinafter "COUNTY").
WHEREAS, on December 4, 2018, FELLSMERE and COUNTY entered into a
Water, Wastewater, and Reclaimed Water Franchise Agreement (the "Agreement'),
which allowed COUNTY to provide water, wastewater and reclaimed water utility services
within those portions of the corporate limits of FELLSMERE in which it is more beneficial
for the COUNTY to serve;
WHEREAS, FELLSMERE and COUNTY wish to expand the Service Area set forth
in the Agreement to include the property described in the attached Exhibit "A";
NOW, THEREFORE, in consideration of the foregoing and the mutual benefits to
be derived from compliance by the parties with the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by the parties, the parties agree as follows:
Section 1. Adoption of "Whereas" Clauses. The foregoing "Whereas" clauses are
adopted and incorporated herein.
Section 2. Franchise Service Area Boundary Change. Pursuant to section 9 of the
Agreement, the Service Area is expanded to include the property described in the
attached Exhibit "A".
Section 3. Other Agreement Provisions. All other provisions of the Agreement shall
remain in full force and effect.
Section 4. Effective Date. This Amendment shall not be effective until the property
described in Exhibit "A' is annexed into FELLSMERE.
SIGNATURE PAGE FOLLOWS
Page 1 of 2
IN WITNESS THEREOF, the parties have set their hands and seals the date
entered below.
ATTEST:
-ake,h-o-r-4tidL7A1-#75--
Deborah C. Krages
City Clerk
(SEAL)
Reviewed as to form and legal
sufficiency:
D --Grp
Warren W. Dill
City Attorney
B
CITY OF FELLSMERE
Date: 17/57.-P3/`I
BOARD OF COUNTY COMMISSL_ NRS O -�s
INDIAN RIVER COUNTY, FLORA A� :*
By:�r�3-I'Ot....'
Bob Solari, Chairman i . o�
Date: tOY/o�ln/a0/9 .! C00
Approved by BCC: March 26, 2019
ATTEST:
Jeffrey R. Smith, Clerk of Circuit Court and
CompIler
By:
Deputy Clerk
APPRI D BY:
Jason E Bro n, CountCoministrator
APPRO 1 AS TO FORM AND LEGAL
SUFFICIENCY
Dylan Reingold, County Attorney
Page2of2
LEGAL DESCRIPTION
METES AND BOUNDS PER SURVEYOR
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION
20, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00°15'40"
WEST ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 108.65
FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF STATE ROAD #512 AS SHOWN ON FLORIDA
DEPARTMENT OF TRANSPORTATION MAP SECTION 88081-2403; THENCE NORTH 88°16'13" EAST ALONG
THE SAID SOUTH RIGHT OF WAY LINE OF STATE ROAD #512, A DISTANCE OF 390.23 FEET TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; FROM SAID POINT OF BEGINNING, CONTINUE
NORTH 88°16'13" EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 300.20 FEET TO AN
INTERSECTION WITH THE WEST LINE OF BLOCK B, VERO LAKE ESTATES UNIT H-4, ACCORDING TO PLAT
THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 31, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA. THENCE NORTH 00021'47" EAST ALONG THE SAID WEST LINE OF BLOCK B A DISTANCE OF 3.94
FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE NORTHEASTERLY ALONG SAID
CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90°15'55", FOR AN ARC
LENGTH OF 39.39 FEET TO A POINT ON THE NORTH LINE OF SAID BLOCK B AND A POINT OF TANGENCY;
THENCE SOUTH 89°22'18" EAST ALONG THE SAID NORTH LINE OF BLOCK B AND BLOCK A OF SAID VERO
LAKE ESTATES UNIT H-4 A DISTANCE OF 548.80 FEET TO AN INTERSECTION WITH THE WEST RIGHT OF
WAY LINE OF 106TH AVENUE AS SHOWN ON THE SAID PLAT OF VERO LAKE ESTATES UNIT H-4 AND A
POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE ALONG SAID WEST RIGHT OF WAY LINE
SOUTHEASTERLY AND ALONG SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL
ANGLE OF 89°45'07", FOR AN ARC LENGTH OF 39.16 FEET TO A POINT OF TANGENCY; THENCE
CONTINUE ALONG SAID WEST RIGHT OF WAY SOUTH 00°22'49" WEST A DISTANCE OF 501.90 FEET TO A
POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE CONTINUE ALONG SAID WEST RIGHT OF WAY
AND SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL
ANGLE OF 89°50'14", FOR AN ARC LENGTH OF 39.20 FEET TO A POINT ON THE NORTH RIGHT OF WAY
UNE OF 94TH STREET AS SHOWN ON THE SAID PLAT OF VERO LAKE ESTATES UNIT H-4 AND A POINT OF
TANGENCY; THENCE NORTH 89°46'57" WEST ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE OF
1187.76 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE NORTHWESTERLY ALONG
SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90°02'37", FOR AN ARC
LENGTH OF 39.29 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF 108TH AVENUE AS SHOWN ON
THE SAID PLAT OF VERO LAKE ESTATES UNIT H-4 AND A POINT OF TANGENCY; THENCE NORTH 00°15'40"
EAST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 162.63 FEET; THENCE SOUTH 89°51'26"
EAST A DISTANCE OF 339.99 FEET; THENCE NORTH 00°15'40" EAST A DISTANCE OF 328.66 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 551,268.1 SQUARE FEET OR 12.655 ACRES MORE OR LESS.
Exhibit A
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