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Home My WebLink About2025-103A3120260010772 RECORDED IN THE RECORDS OF RYAN L. BUTLER, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3843 PG: 1114,3/9/2026 2:26 PM 23-UTL.02-11/24 This instrument prepared under the direction of: Elizabeth S. Quintana. Esa. District 4 Assistant General tbunsel Legal Description prepared by: ,leffrev D. Smith. P.S.M. (01-22-2024) Parcel No. 118.3R(03-28-2025) Document prepared by: Item/Segment No. 4056063 Susanna Rowland Section: 88050-2508 Florida Department of Transportation Managing District: 04 Right of Way Production Services C.R. No. 510 (Wabasso Road/85``' Street) 3400 W. Commercial Boulevard County: Indian River Fort Lauderdale, Florida 33309 SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT entered into this _ day of �, :`"`,r , 20 M-' '✓ 2 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called the COUNTY. WITNESSETH: WHEREAS, the COUNTY 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 COUNTY to the FDOT; and WHEREAS, the FDOT is willing to pay to have the COUNTY'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, COUNTY and FDOT agree as follows: COUNTY subordinates to the interest of FDOT its successors and assigns, any and all of its interest in the lands as follows, viz: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Page 1 of 5 BK: 3843 PG: 1115 RECORDED INSTRUMENT DATE FROM TO RECORDING Utility Easement 10/19/2004 Ervin A. Cartwright and Lenore Cartwright Indian River County ORB / PG 1791/862 PROVIDED that the COUNTY has the following rights: 1. The COUNTY 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 FDOT'S current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual 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 FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the COUNTY or require the COUNTY to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Not withstanding 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. The COUNTY 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 endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The COUNTY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the COUNTY exercising its rights outlined in Paragraphs 1 and 3 above. Page 2 of 5 BK: 3843 PG: 1116 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Attorney approved as to form: . r ELIZABETH S. QUINTANA District 4 Assistant General Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPO TATIO,�j BY: STEVEN C. BRAUN, P.E. District 4 Secretary Signed, sealed and delivered in the presence of: (Two witnesses required by Florida Law) Witness (1) Infor ration: R Signat re f .k Print Name Address: 3400 West Commercial Blvd Fort Lauderdale, Florida 33309 STATE OF FLORIDA COUNTY OF BROWARD Witness (2) Information: Signature CA C+ . Print Name Address: 3400 West Commercial Blvd Fort Lauderdale, Florida 33309 The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, this 2y day of . , 20 2G , by STEVEN C. BRAUN, P.E., District 4 Secretary 0"who is person known by me or ❑ who has produced as identification. (SEAL) Li m&! Notary Public State of Florida Notary Public State of Florid* dt efloett Wuirami Print Name: G ��gJYdS My Commission W eS3itp Expires uW2029 My Commission Expires: �.20Z9 Page 3 of 5 BK: 3843 PG: 1117 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) SUBORDINATION OF COUNTY UTILITY INTERESTS Parcel No. 118.313{03-2-1-2025) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: a J Xeph F Flescher, Chairman B66 pproval Date: MaV6,2025 John A. Titkanich, Jr., County Administrator Approved as to Form and Legat Sufficiency: - f By: r' to her A. Hicks, Assistant County Attorney Ryan L. Butler, Clerk of the Circuit Court and Comptrotter Attest: ', �:_ 1 f f 1 f if(t Deputy Clerk BK: 38.43 PG: 1118 EXHIBIT "A" Parcel No. 118 Item/Segment No. 4056063 A portion of land lying in the Southwest One -Quarter (SW 1/4) of Section 29, Township 31 South, Range 39 East, Indian River County, Florida, as shown on Sheet 16 of the Florida Department of Transportation Right of Way Map for County Road 510 (85th Street), Item/Segment No. 4056063, Section 88050-2508, being more particularly described as follows: Commence at the boat spike marking the South One -Quarter (S 1/4) comer of said Section 29; thence South 00037126" West along the East line of the Northwest One -Quarter (NW 1/4) of Section 32, a distance of 15.00 feet to the intersection with the Baseline of Survey of said County Road 510 (85th Street); thence North 89°31'43" West along said Baseline of Survey of said County Road 510 (85th Streets a distance of 997.48 feet; thence North 00 28'17" West along a line at a right angle to the previously described course, a distance of 55.00 feet to a point on the Northerly Existing Right of Way line of said County Road 510 (85th Street) and the POINT OF BEGINNING; thence North 00123'38" West along said Northerly Existing Right of Way line of County Road 510 (85th Street), a distance of 34.00 feet; thence South 89°31'43" East, a distance of 317.42 feet; thence North 00°18'32" West, a distance of 90.82 feet; thence North 89°4128" East, a distance of 15.00 feet; thence South 00018'32" East, a distance of 125.02 feet to a point on said Northerly Existing Right of Way line of County Road 510 (85th Street); thence North 89°31'43" West along said Northerly Existing Right of Way line of County Road 510 (85th Street), a distance of 332.37 feet to the POINT OF BEGINNING. Containing 12,665 square feet, more or less. Page 5 of 5