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HomeMy WebLinkAbout2025-103A23-UTL.02-11/24 This instrument prepared under the direction of: Elizabeth S. Ouintana, Esq. District 4 Assistant General Counsel Legal Description prepared by: Jeffrey D. Smith, P.S.M. (01-22-2024) Parcel No. Document prepared by: Item/Segment No. Susanna Rowland Section: Florida Department of Transportation Managing District: Right of Way Production Services C.R. No. 3400 W. Commercial Boulevard County: Fort Lauderdale, Florida 33309 118.3R(03-28-2025) 4056063 88050-2508 04 510 (Wabasso Road/85`h Street) Indian River SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT entered into this day of , 20 , 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 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. 3. 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 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Attorney approved as to form: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: ELIZABETH S. QUINTANA District 4 Assistant General Counsel STEVEN C. BRAUN, P.E. District 4 Secretary Signed, sealed and delivered in the presence of: (Two witnesses required by Florida Law) Witness (1) Information: Signature Print Name Address: 3400 West Commercial Blvd Fort Lauderdale, Florida 33309 STATE OF FLORIDA COUNTY OF BROWARD Witness (2) Information: Signature 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 day of , 20 , by STEVEN C. BRAUN, P.E., District 4 Secretary E who is personally known by me or ❑ who has produced as identification. (SEAL) Notary Public, State of Florida Print Name: My Commission Expires: Page 3 of 5 IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Mayor or Vice -Mayor of said Board, the day and year aforesaid. ATTEST: Print Name: Clerk (or Deputy Clerk) INDIAN RIVER COUNTY, FLORIDA By Its Board of County Commissioners Print Name: Its Mayor Approved as to form and legal sufficiency: By: County Attorney Page 4 of 5 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) corner of said Section 29; thence South 00°37'26" 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 Street), 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 00°23'38" 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 89041128" East, a distance of 15.00 feet; thence South 00°18'32" 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 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) SUBORDINATION OF COUNTY UTILITY INTERESTS Parcel No. 118.3R(03-28-2025) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 0 41 in h E' Flescher, Chairman proval Date: M John A. Titkanich, Jr., County Administrator Approved as to Form and Legal Sufficiency: By: er A. Hicks, Assistant County Attorney Ryan L. Butler, Clerk of the Circuit Court and Comptroller Attest: fjj 61 1 jqr'Qkau�3) Deputy Clerk tu1 =it •' 1f�1d ��t;f�� •'p�: 3.12020003884 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3337 PG: 1274,9/14/20209:34 AM Summer Lake North UCP #3479 COUNTY ATTORNEY'S OFFICE INDIAN RIVER COUNTY 1801 27th Street BILL OF SALE OF UTILITY FACILITIES to INDIAN RIVER COUNTY, FLORIDA (UCP # 3479) KNOW ALL MEN BY THESE PRESENTS, that GRBK GHO SUMMER LAKE, LLC, a Florida limited liability company, the mailing address of which is 590 NW Mercantile Place, Port St. Lucie, FL 34986, hereinafter called GRANTOR, in consideration of value received, the receipt and sufficiency of which is hereby acknowledged, has and does hereby grant, bargain, sell, transfer, and deliver unto INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called GRANTEE, this 4th day of A„q„st , 2020, the following goods and chattels: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF which utility facilities are located within existing easements, streets and right-of-ways of Summer Lake North, as recorded in Plat Book 31 , Page _firj_ of the Public Records of Indian River County, Florida. TO HAVE AND TO HOLD the same unto GRANTEE forever, and GRANTOR hereby warrants to the GRANTEE that it has free and unencumbered title to the above-described facilities, that all persons or entities which have supplied labor or materials with respect to these facilities have been paid in full, that none of them has any claim whatsoever with respect thereto, and that the GRANTOR has full authority to make this conveyance and will warrant and defend the sale of said chattels and utility facilities hereby made unto GRANTEE against the lawful claims and demands of all persons whomsoever. GRANTOR hereby further warrants that should the above described utility facilities fail or otherwise become defective during a period of one year from the date of acceptance of same by GRANTEE (August 18, 2020 to August 18, 2021), due to defective materials or workmanship, GRANTOR shall upon each occasion be responsible in all respects for such failure or defect and shall correct same at GRANTOR's sole cost and without expense to GRANTEE upon immediate notice by GRANTEE in view of the need for immediate response to correct broken or defective utility lines and facilities. GRANTOR shall be solely liable and shall save GRANTEE harmless from any direct or consequential damage attributable to such failure or defect. GRANTOR hereby also assigns all its right, title, and interest in and to manufacturer's or supplier's warranties with respect to the described facilities. ,�.,P RQ ED AS —1 Q FOH11E1 A,,\AD LHEGAL SL; FICIE.NCY BY 'L,AN ;?Elul: CLG (page one of two) 00 U NTY AT TO R N EY BN: 3337 PG: 1275 IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: signature: printed name: signature: 'IeV printed na STATE OF FLORIDA COUNTY OF -i+ Ll1Ue GRBK GHO SUMMIT LAKE, LLC William nager The foregoing instrument was acknowledged before me, by means of Vphysical presence or ❑ online notarization, this � day of ALU C, 2020 by William N. Handler, the Manager of GRBK GHO SUIVIMEiFLEAKE, LLC, a Florida limited liability company, who executed on behalf of and with the authority of said limited liability company. He is W personally known or ❑ produced identification in the form of NOTARY PUBLIC: sign:j.,,/ print name:Kr-rstnD�x� Commission No.: 6,611555(4 Commission Expiration:Jwn 1&Xg10 SEAL: 4013onded KRISTEN #GGVON MY COMMISSION #GG115559 EXPIRES: JUN 18, 2021 through 1st State Insurance (page two of two) BK: 3337 PG: 1276 Summer Lake North Utility Cost Estimate For Bill of Sale and 1 -Year Maintenance Amount UCP #3479 WATER SYSTEM UNIT QUANTITY UNIT PRICE TOTAL 6" C-900 LF 1208 $ 24.00 $ 28,992.00 6" MJGV EA 3 $ 1,370.00 $ 4,110.00 6" MJ TEE EA 2 $ 575.00 $ 1,150.00 6" 90 MJ Bends EA 2 $ 475.00 $ 950.00 6"45 MJ Bends EA 3 $ 475.00 $ 1,425.00 6" 22.5 MJ Bends EA 2 $ 475.00 $ 950.00 Fire Hydrants Assembly & GV EA 1 $ 5,100.00 $ 5,100.00 2" Blow Off EA 1 $ 1,500.00 $ 1,500.00 Single Water Service EA 11 $ 1,375.00 $ 15,125.00 Double Water Service EA 5 $ 1,755.00 $ 8,775.00 Laterals - double services EA 9 $ Subtotal $ 68,077.00 SANITARY SEWER Manholes 0'- 6' EA 1 $ 3,380.00 $ 3,380.00 Manholes 6'- 10' EA 2 $ 5,425.00 $ 10,850.00 Manholes 10' - 12' EA 1 $ 6,200.00 $ 6,200.00 Manholes 14'- 16' EA 2 $ 7,844.00 $ 15,688.00 8" PVC Sewer Main 0'- 6' Cut LF 137 $ 26.00 $ 3,562.00 8" PVC Sewer Main 6'- 8' Cut LF 110 $ 27.75 $ 3,052.50 8" PVC Sewer Main 8' - 10' Cut LF 315 $ 29.45 $ 9,276.75 8" PVC Sewer Main 10' -12' Cu LF 397 $ 33.00 $ 13,101.00 8" PVC Sewer Main 12'- 14'Cu LF 164 $ 35.00 $ 5,740.00 Laterals - single services EA 3 $ 1,275.00 $ 3,825.00 Laterals - double services EA 9 $ 1,432.00 $ 12,888.00 Subtotal $ 87,563.25 Maintenance Amount @ 250. 1 $ 38,910.06 � Date: 2 2020 sep�1/�;E.O� No. 47048 APPROVED .D.U.S. l i c9/lb-ozo EXHIBIT "A"