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Home My WebLink About2000-071AGREEMENT IN THE RECORDS OF — %I BETWEEN JEFF-RCY K ElAnTON INDIAN RIVER COUNTY, FLORIDA (AFHK C F.('.viT COURT AND INDIAN RIVER GO., FLA. NATIONAL OIL AND GAS DISTRIBUTORS, INC. REFERENCE: EXPEDITED TEMPORARY 03 WATER SERVICE AND PARTICIPATION CO IN FUTURE SPECIAL ASSESSMENT PROGRAM C.11 THIS AGREEMENT, made this day of FF --5 , 2000 by and between' INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25'h Street, Vero Beach, Florida 32960 (COUNTY) and National Oil and Gas Distributors, Inc. 13540 U.S. Highway 1, Sebastian 32958 (OWNERS). WITNESSETH: WHEREAS, the OWNERS desire to have temporary water 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 water line (the "temporary expedited connection") before the COUNTY is ready to construct a new water line (the "special assessment line"), which new line will be 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: 1. The OWNERS :will pay, on signing this agreement, the i snowing amount per Equivalent Residential Unit (ERU): I?. I,.,y Capacity Charge $1,300.00 Construction Cost $2,136.24 (includes tapJn) Inspection Fee $ 25.00 5nrit =: pa it $ 50.00 Recording Fec $ 24.00 Meter Fce 130.00 $3,665.24 o: a N O w, C3, GO a 40 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 capacity charge, security deposit, or meter fee again. 3. Whether OWNERS are 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 extension 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seats on the date first set forth above. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Fran B. Adams, Chairman (.:+,.:: ,•.7 ;. a, `= ^+- r,...;,: ( BCC Approved 03-14-2000 t=----- Jeffrey K. Barton, • �". (! +�,.�t 2 OWNERS: A'g-�V--- NATIONAL OIL & GAS Ws 17'RI TORS [ C. WWtness (sign) �; G-�k`iFWA 1'R—SIDE�� 13Y W N (print) „1 / �i Patrick "I' Cop land, President W ~ f3Y!` fitness (sign) , (print 0 --.J 71 ab 40 STATE OF FLORIDA INDIAN RIVER COUNTY Before me personally appeared FRAN B. ADAMS, as Chairman of the Board of County Commissioners, and PATRICIA RIDGELY, as Deputy Clerk to the Board, to me well-known, and known to me to be the persons described herein, and who executed the foregoing instrument, and they acknowledged before me that they executed the same. WITNESS my hand and official seal this 14th Day of February 2000. SEAL: +�Ni;<. Kimberly E, Massung s ¢ t MY COMMISSION#CC655436 EXPIRES -?fs CE My 2003 ••Rf,„th•. BOMXDTMTROYMN114149 WA -4k My Commission Expires: ATTACHMENT: EXHIBIT "A” STATE OF FLORIDA COUNTY OF INDIAN RIVER NOTARY PUBLIC, STATE OF FLORIDA K'm rly E. Massung (Print) (Sign) AV The foregoing was acknowledged before me this _qt Day of 2000, by PATRICK T. COPELAND, as President of NATIONAL OIL AND GAS DISTRIBUTOV INC., A FLORIDA CORPORATION, and who is personally known to me, SEALESLIEomHENDRICICS 9_XftMn*' MY CmEiv.4 AN NoCC 752326 ymm II011M1.0. My Commission Expires: L\`oi `Q'Z„• NOTARY PUBLIC, STATE OF FLORIDA (Print) (Sign) JoyeeUoyce D'd'orrected Acknowledgement Cor National Gas and Oil Distributors. Inc. CJ 40 L: 40 EX111BIT "A" PARCEL 95 30 38 0003 0001 00003.0 and 25 30 38 00003 0001 00003.1 NUMBER: PROPERTY 13540 U. S. Highway 1 ADDRESS: Sebastian, Florida 32958 LEGAL DESCRIPTION: EXISTING GAS STATION PARCEL A PORTION OF TRACT "A" OF "UNIT NO. I VAN BERGEN & HENDRY'S ADDITION TO ROSELAND" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3 AT PAGE 39 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID TRACT "A" THENCE RUN SOUTH 47 DEGREES 51 MINUTES 44 SECONDS EAST ALONG THE EAST LINE OF SAID TRACT "A" FOR A DISTANCE OF 200.00 FEET TO A POINT; THENCE RUN SOUTH 45 DEGREES 09 MINUTES 42 SECONDS WEST FOR A DISTANCE OF 231.15 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1, SAID POINT LYING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST THE CENTER OF WHICH BEARS NORTH 67 DEGREES 53 MINUTES 51 SECONDS EAST FROM SAID POINT; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 11,459.20 FEET, THRU A CENTRAL ANGLE OF 01 DEGREES 02 MINUTES 30 SECONDS, FOR AN ARC DISTANCE OF 208.31 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "A'; THENCE RUN NORTH 41 DEGREES 42 MINUTES 46 SECONDS EAST ALONG THE NORTH LINE OF SAID TRACT "A" FOR A DISTANCE OF 138.60 FEET TO THE POINT OF BEGINNING. (CONTAINING: 36,045 SQUARE FEET = 0.8275 ACRES) LEGAL DESCRIPTION: ADDITIONAL LANDS PARCEL A PORTION OF TRACT "A" OF "UNIT NO. I VAN BERGEN & HENDRY'S ADDITION TO ROSELAND" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3 AT PAGE 39 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT "A'; THENCE RUN SOUTH 47 DEGREES 51 MINUTES 44 SECONDS EAST ALONG THE EAST LINE OF SAID TRACT "A" FOR A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 47 DEGREES 51 MINUTES 44 SECONDS EAST ALONG THE EAST LINE OF SAID TRACT "A" FOR A DISTANCE OF 164.00 FEET TO A POINT; THENCE RUN SOUTH 41 DEGREES 43 MINUTES 08 SECONDS WEST FOR A DISTANCE OF 315.08 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 SAID POINT LYING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEST THE CENTER OF WHICH BEARS NORTH 68 DEGREES 53 MINUTES 04 SECONDS EAST FROM SAID POINT; THENCE RUN NORHTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 11,459.20 FEET, THRU A CENTRAL ANGLE OF 00 DEGREES 59 MINUTES 13 SECONDS, FOR A ARC DISTANCE OF 157.38 FEET TO A POINT; THENCE RUN NORTH 45 DEGREES 09 MINUTES 42 SECONDS EAST FOR A DISTANCE OF 231.15 FEET TO THE POINT OF BEGINNING. (CONTAINING: 47,006 SQUARE FEET) 40 40 40 J LEGAL DESCRIPTION: OVERALL PROPERTY A PORTION OF TRACT "A" OF "UNIT NO. 1 VAN BERGEN & HENDRY'S ADDITION TO ROSELAND" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3 AT PAGE 39 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, BEING MOR PARTICULARLY DESCRIBED AS FOLLOWS: BEGN AT THE NORTHEAST CORNER OF SAID TRACT "X'; THENCE RUN SOUTH 47 DEGREES 51 MINUTES 44 SECONDS EAST ALONG THE EAST LIEN OF SAID TRACT "A" FOR A DISTANCE OF 315.08 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF U.S. HIHGWAY NO. 1, SAID POINT LYING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEASE THE CENTER OF WHICH BEARS NORTH 68 DEGREES 53 MINUTES 04 SECONDS EAST FROM SAID POINT; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 11,459.20 FEET, THRU A CENTRAL ANGLE OF 02 DEGREES 01 MINUTES 42 SECONDS, FOR AN ARC DISTANCE OF 405.69 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "A"; THENCE RUN NORTH 41 DEGREES 42 MINUTES 46 SECONDS EST ALONG THE NORTH LINE OF SAID TRACT "A" FOR A DISTANCE OF 138.60 FEET TO THE POINT OF BEGINNING. CONTAINING: 83,051 SQUARE FEET). L,