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HomeMy WebLinkAbout1982-079IU RESOLUTION NO. 82-79 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE EXCHANGE OF A 0.12 ACRE PARCEL OF COUNTY OWNED PROPERTY FOR A CERTAIN UTILITY EASEMENT. WHEREAS, as a part of, the development of. the South County Water System, the County must acquire certain utility easements to tie-in with other existing water lines; and WHEREAS, the consideration requested for granting one of the required easements, which is more particularly described in Exhibit B attached hereto, is the exchange of a 0.12 acre parcel of County owned property, descrihed gAnr-rally as the southwest corner of the old Mini -Florida Utilities site, more particularly describ(!d in t:he deed attar.h{,c1 her•>to -vs Exhibit A; and WHE'PE:AS, after con-:irieration of tho request, the Board of. County Commissioners finris that the County owned property to be t2xchanged in not. presently needed for County purposes, and the f�xchange would rr!Sitit inacquisition of an easement serving County l;ur.posr*:3, and wol,ld ther-afore be in the best interest of the County; and WHFR M';, an future use for ut.ilitf purposes across the oxchangezi parcril nhal l h.! reserved to t.h.• 'Pryjnty thro,vjh reservat.ionn; and WIiF;RFAS, r,titting forth the terms and condir ior>c or this exchange has ir..:en properly lAubl.ished prior to the adoption of this Resolution. NOW, TfiF.REF'ORE, w--. ur RESOLVED 131 'THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that.: 1. The foregoing rec i t.a i s are h r c*'try adopted and ratified in their entirety. 2. The Chairman and Clerk ars_- authorized to execute the County deed attached hereto as Exhibit A and made a part hereof., subject to the reservations contained in the deed; and, the County Attorney's Office is authorized and directed to take all steps reasonable and necessary to complete the transaction. The foregoing resolution was offered by Commissioner. Lyons who moved its adoption. The motion was -1- seconded by Commissioner Wodtke vote, the vote was as follows: and, upon being put to a Chairman Don C. Scurlock, Jr. Aye Vice -Chairman A. Grover Fletcher Nay Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Dick Bird Aye The Chairman thereupon declared the resolution duly na. ad„ toed and tthis _ _ .,� _cd is 4tu day of Ftvgust, 1982. Attest: FRET" RIG T ' Cl APPRO F: % �TO Fr) RM AND 11, ,Ty*�SUFF f , By _ CMRISTO PR AULI. Assist nt County Att.nrnegy BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Y56 �11s(_';tli-- —� — I.00K JR. Chairman �I EXHIBIT A COUNTY DEED MITHIS DEED, made this day of , 1982, by 111® INDIAN RIVER COUNTY, a political subdivision of. the State of IFlorida, Grantor, and FLOYD E. GRIMM and HELEN GRIMM, his spouse, Grantee. (Whenever used herein, the terms "Grantor" and "Grantee" shall refer to both the singular and the plural and shall include all successors in interests, heirs, legal representatives, or assigns, as the context may require.) WITNESSETH that Grantor, for and in consideration of the sum of ONE ($1.00) DOLLAR and other valuable consideration to it in hand paid by Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee his heirs and assigns forever, the following described land lying and being in Indian River County, Florida: Commencing at the Northeast corner of the Southeast Quarter of the Northwest Quarter of Section 12, Township 33 South, Range 39 East as recorded in Deed Book 109, Page 369; thence run West on 40 A Line a distance of 860.17 feet, thence run South 0 degrees, 22 minutes West a distance of 85 feet more or less to the Point of Beginning: from the Point of Beginning continue East parallel to the 40 A Line a distance of 35 feet more or less, thence run South 19 degrees, 39 minutes, 24 seconds East, more or less, a distance of 105.95 feet more or less, to the South property line as recorded in Deed Book 109, Page 369, then run West parallel to the 40 A Line, a distance of 70 feet more or less to the west property line as recorded in Deed Book 109, Page 369, then run North 0 degrees, 22 minutes East, a distance of 100 feet more or less to the Point of Beginning. Said described area containing 0.12 acres more or less. Subject to all taxes accruing after the year 1982. Subject to the reservation in Grantor of a blanket utility easement in, across, and under subject property for use by Grantor for the installation, maintenance, or removal, of water, sewer, drainage, or similar services; provided, that Grantor shall be responsible for restoration of all areas disturbed by use of said easement to the same condition existing immediately prior to the disturbance; provided further, that use of subject property by the Grantee shall be limited to improvement for parking or drain- age retention purposes and Grantee shall construct no building or permanent structure of any kind on subject property. -1- w - IN WITNESS WHEREOF Grantor has caused these presents to be executed in its name by its Board of County Commissioners �I acting by the Chairman and Clerk of said board, the day and year II0 aforesaid. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIFER COUNTY, FLORIDA IL' i`. e. -r��p.••; i:; iii i,?f 111 :uiiiciency By DON C. SCURLOCK, JR. Chairman I 1iiiY c';' Attest: Now I FREDA WRIGHT, CLERK -2-- EXHIBIT B Begin 214.23 feet South of the Northeast corner of the Southeast Quarter of the Northwest Quarter of Section 12, Township 33 South, Range 39 East, as recorded in official Record Book 447 page 168; thence run West to the East right of way line of the Florida East Coast Railroad approximately 1050 to the Point of Beginning; from the Point of Beginning run Southeasterly along the East right of way line of the Florida East Coast Railroad a distance of 125 feet, more or less, thence run East and parallel to the North line of said Setion 12, a distance of 10 feet, more or less. Thence run Northwesterly and parallel to the East right of way lige of the eiorida East Coast Railroad, a distance of 145 feet, more or less, thence run East and parallel to the North line of said Section 12, a distance of. 1.60 feet, more or less, thence run North perpendicular to North line of. said Section 12 a distance of 10 feet, more or less, thence run West parallel to North line of said Section 12 to the East right of way line of the Florida East Coast Railroad, a distance of 175 feet, more or less, thence run Southeasterly along the East right of way line of the Florida East Coast Railroad, a distance of 30 feet, more or less to the Point of Beginning, said land lying and being in Indian River County, Florida.