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Home My WebLink About1999-163(BA(3ARSENAULT.JDC) :} AGREEMENT � L� BETWEEN 99-/6-3 INDIAN RIVER COUNTY, FLORIDA AND GERALD AND ARLEEN ARSENAULT REFERENCE: EXPEDITED TEMPORARY SEWER SERVICE AND PARTICIPATION IN FUTURE SPECIAL ASSESSMENT PROGRAM THIS AGREEMENT, made tlris day of r• : 923 __ , 1999 by and between 1NDL4N RIVER COUNTY, a political subdivision of the. State of Florida, 1840 25" Street, Vero Beach, Florida 32960 (COUNTY) and Gerald and Arleen Arsenault, 740 Live Oak Drive, Vero Beach, Florida 32963. WITNESSETH: WHEREAS, the OWNERS desire to have temporary sewer service made available to the property located in Indian River County, Florida, described in Exhibit "A", from a new connection to an extension of an existing sewer force train (the "temporary expedited connection") before the COUNTY is ready to construct a new sewer collection system (the "special assessment line"), which new line will he paid for by specially assessing OWNERS' property and other property in the special assessment project; and. WHEREAS, the COUNTY requires the OWNERS at the time of the installation of this temporary expedited connection to pay certain fees immediately and to participate in certain costs of the special assessment line when the COUNTY undertakes the special assessment project, NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the receipt of which is hereby acknowledged, COUNTY and OWNERS agree as follows: 1A. The OWNERS will pay, on signing this agreement, the following amount per ERU: 113. It shall be the OWNERS responsibility to pay all construction and related costs of the private 3" force main extension from CR 510 to the owners site on Live Oak Drive, Sewer Impact Fee $2,796.00 Well Meter $ 50.00 Inspection Fee $ 25,00 Security Deposit $ 50.00 Recording Fee $^24.00 TOTAL AMOUNT $2,945.00 2. The COUNTY shall connect OWNERS' property to a temporary expedited connection point of COUNTY'S choosing. When service is available from the special assessment line, OWNERS may be required to disconnect from the temporary expedited connection and reconnect to the special assessment line. Any such reconnection would be at the expense of OWNERS, except that OWNERS shall not have to ,pay the impact fee, security deposit, or meter fee again. 3. Whether OWNER is required to reconnect to the special assessment line or remain connected to the temporary expedited connection, OWNERS shall participate in the cost of the special assessment project for line ertension charges and other costs related to the assessment. By accepting the temporary expedited connection. OWNERS waive any right to contest the receipt of special benefit from the special assessment project. In addition, OWNERS' signatures on this agreement may be considered to be an affirmative vote for construction of the special assessment line. 4. This agreement shall be recorded and shall be a covenant running with The land and shall bind the heirs and assigns of OWNERS. Iii' WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first set forth above. Attest: � FSC(_. Jeffrey K. Barton Clerk to the Board �2c'ssm, k; l� j� (print -y�r Witness (sign) (print) STATE OF FLORIDA COUNTY OF INDIAN RIVER b e (SEAL) 130ARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: '-t — enneth R. Macht, Chairman OWNERS: By: 1 Gerald Arscnault j7 By; C l L4�. ! a i7G CcC�Y Arleen Arsenault Before me personal!y ap earA th R, Macht, as Chairman of the Board of County Commissioners, and PATRIGIA • Rl as Deputy Clerk to the Board, to rite well known and known to me to be the persons described in and who executed the foregoing instrument, and they acknowledged before me and they executed same. of WITNESS my hand and official seal this �7a day 19 0 NOTARY PUBLIC. Sign: print: State of Florida at Large rrrr Met r rA, ka C. 1Vb3tC Noury Public, Sate of Florida , My Commission Expires: ; comnliwooNo. CCS76M My Comm aiaa F.xy.88/13/nONO k tf�la4S-NtitNllY-f1aNc+wyluri�ti.l�GM.[:w a4}444}4}}4}444414}147►44}444}14414441441}44N444} Mdm Mer Ln Apprand oele Admin. Legal-�. . S.dget tltilitlec FII& Mgr I STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this f l -rt_ Day of•t-�.r , lgr ]° by Gerald Arsenault and Arleen Arsenault, who are personalty known to me and wlm did take an oath, WTARY PUBLIC (mss { sign:,( print: L .• h_ i r 4 r1�lV k Iy Sate of Florida at barge {sea]) My Commission Expires: t'arlica 'siarvry tit�ary Pu4uc. st�5n d Fkxeta PAy Comm EKperoa Apr 1 r, 20G7 anMad Thru NeMia: ewr� bwrrr 1 BG(:} T23-Ui21 EXHIBIT "A" PARCEL N -U BER: 27313900000100000006,0 PROPERTY 2* Live Oak Drive ADDRESS: Veno Beach, Florida 32963 LEGAL See Below DESCIUPTION: Indian River County 1999 Legal Description 27313900000100000006.0 Inq ARSENA'UL'T, GERALD & ARLEEN Cit Street Number Dr Name Unit City 236, LIVE OAK DR VERO Subdivision/Condominium Name: Blk/Bldg : Lot/Unit : PBI/OR Bk: s 5 * * * * * Leval Description TRACT 106-A ACCORDING TO SURVEY OF' CARTER & DAMEROW IN 1931, PART OF ISLAND OR HK 474 PP 294, LESS FOLL: COM AT A PT 1910.0 FT S & 1428.0 FT W OF THE NE COR OF SEC 27-31-39; TH S 21 DEG 47 MIN 00 SEC E, 429.96 FT TO POB OF THE HEREIN DESC PCL OF LAND; TH CONT S 21 DEG 47 MIN 00 SEC E, 60.04 FT; TH S 48 DEG 01 MIN 00 SEC E, 643.0 FT; TH N 24 DEG 46 MIN 00 SEC E, 166.35 FT; TH N 59 DEG 34 MIN 04 SEC W, 661.0 FT TO POB & ALSO LES S FOLL PARC: COM AT A PT 1910 FT S & 142 8 FT W OF NE COR OF SEC 27-31-39, TH S 2 1 DEG 47 MIN 00 SEC E 332.04 FT TO PT ON NLY R/W LIVE OAK DR AS IN OR BIC 1186 PG 2251; TH CONT ALONG R/W LINE S 59 DEG 3 4 MIN 04 SEC E 421.67 FT; TH N 30 DEG 25 MIN 47 SEC E 99.95 FT; TH N 10 DEG 53 M IN 19 SEC W 322.42 FT; TH N 75 DEG 57 MI N 57 SEC W 491.18 FT TO POB & ALSO INC F OLL DESC; COM AT A PT 1910.00 FT S AND 1428.00 FT W OF THE NE COR OF SEC 27 TWP 31 S RGE 39 E; TH S 21 DEG 47 MIN 00 SE C E 490.00 FT; TH S 48 DEG 01 MIN 00 SEC E 643.00 FT; TH N 24 DEG 46 MIN 00 SEC E 270.00 FT; TH N 22 DEG 35 MIN 00 SEC W 53.18 FT TO POB; TH BY THE FOLL ELEVEN COURSES ALONG THE MEAN HIGH WATER LINE O F THE INDIAN RIVER N 05 DEG 11 MIN 38 SE C W 43.34 FT; TH N 21 DEG 42 MIN 14 SEC E 24.92 FT; TH N 02 DEG 25 MIN 41 SEC W 37.58 FT; TH N 15 DEG 39 MIN 57 SEC W 58 .59 FT; TH N 15 DEG 43 MIN 28 SEC W 60.9 3 FT; TH N 31 DEG 30 MIN 47 SEC W 54.65 FT; TH N 28 DEG 48 MIN 37 SEC W 25.1.3 FT ; TH N 30 DEG 19 MIN 25 SEC W 46.84 FT; TH N 42 DEG 09 MIN 56 SEC W 34.05 FT; TH N 58 DEG 50 MIN 08 SEC W 33.72 FT; TH N 72 DEG 30 MIN 56 SEC W 11.46 FT; TH S 2 2 DEG 35 MIN 00 SEC E LEAVING SAID MEAN HIGH WATER LINE 405.14 FT TO POB; SUBJEC T TO THE POLL 114GRESS & EGRESS EASEMENT: COM AT A PT 191.0.40 FT S 1428.00 FT W OF THE NE COR OF SEC 27 TWP 31S RGE 39E; T H S 21 DEG 47 MIN 00 SEC E 332.04 FT TO A PT ON THE NLY R/W LINE OF LIVE OAK DRI VE AS DESC IN OR BK 1166 PP 2251; Til ALO NG SAND R/W LINE S 59 DEG 34 MIN 04 SEC E 421,67 FT TO POD OF HEREIN DESC EASEME NT; TH CONT ALONG SAID R/W LINE S 59 DEG 34 MIN 04 SEC E 87.81 FT; TH N 10 DEG 5 3 MIN 19 SEC W 133.05 FT; TH S 30 DEG 25 MIN 47 SEC W 99.95 FT TO POB