HomeMy WebLinkAbout2005-218a Zl . 0 �5
23 - UTL . 02 - 06 / 93
This instrument prepared Parcel No . 105 . 3R
under the direction of : Item/ Segment No . 2285832
Dawn Raduano , Esq . Section No . 88010 - 2503
Legal description prepared by : Managing District : 04
Denise M . Alexander ( 5 - 26 - 05 ) S . R . No . 5 ( U . S . 1 )
Department of Transportation County : Indian River
3400 W . Commercial Boulevard
Ft . Lauderdale , Florida 33309
SUBORDINATION OF UTILITY INTERESTS
THIS AGREEMENT , entered into by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION , hereinafter called the FDOT , and
INDIAN RIVER COUNTY , FLORIDA , a Political Subdivision of the State of
Florida , hereinafter called the COUNTY .
W I T N E S S E T H :
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 :
Parcel No , 105 Item/ Segment No . 2285832
( Section No . 88010 - 2503 )
A portion of the Northeast '/, of Section 31 , Township 33 South , Range
40 East , Indian River County , Florida , being more particularly
described as follows :
Commence at a found PK nail marking the East '/, Corner of said Section
31 ; thence North 89 ° 37125 " West along the South line of said Northeast
'/4 , a distance of 1 , 466 . 04 feet to a point on the Easterly Existing
Right of Way line for State Road 5 ( U . S . 1 ) as shown on the Florida
Department of Transportation Right of Way Map for Section 88010 - 2503
and the POINT OF BEGINNING ; thence North 19055125 " West along said
Easterly Existing Right of Way line , a distance of 103 . 67 feet ; thence
Continued
ti
a
South 70004 ' 18 " West along said Easterly Existing Right of Way line , a
distance of 1 . 99 feet ; thence North 19 ° 45147 " West continuing along
said Easterly Existing Right of Way line , being 111 . 25 feet Easterly of
and parallel with the Baseline of Survey for said State Road 5
( U . S . 1 ) , a distance of 224 . 50 feet to the point of curvature on a
non - tangent curve concave to the Northeast , having a chord bearing of
South 25014108 " East ; thence Southerly along the arc of said curve ,
having a radius of 10 , 107 . 58 feet , through a central angle of
01055 ' 55 " , and an arc distance of 340 . 82 feet to a point on said
South line of the Northeast %. and the end of said curve ; thence
North 89037 ' 25 " West along said South line , a distance of
32 . 19 feet to the POINT OF BEGINNING .
Containing 41772 square feet , more or less .
RECORDED
INSTRUMENT DATE FROM TO O . R . B . &
PAGE
Grant of 10 / 11 / 93 Shopping General 0995 /
Utility Centers , Ltd , Development 0505
Easement Utilities , Inc .
Assignment 10 / 13 / 93 General Indian River 0995 /
of Easements Development County , 0516
Utilities , Florida , a
Inc . , political
a Florida subdivision of
corporation the State of
Florida
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 .
- 2 -
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 .
IN WITNESS WHEREOF , the FDOT hereto has executed this agreement on
the day and year first above written .
Signed , sealed and delivered STATE OF FLORIDA DEPARTMENT
in the presence of witnesses : OF TRANSPORTATION
By :
Print Name : JAMES WOLFE
Print Name : Title : District Secretary
for District IV
Print Name :
Attorney approved as to form :
Name : DAWN RADUANO
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
day of 200 , by JAMES WOLFE , District Secretary
for District IV , who is personally known to me or who has produced
as identification .
Print Name :
Notary Public in and for the
County and State last aforesaid .
My Commission Expires :
Serial No . , if any :
. - 3 -
IN WITNESS WHEREOF , the County has caused these presents to be
executed in its name by its Board of County Commissioners acting by the
Chairperson or Vice - Chairperson of said Board , the day and year
aforesaid .
ATTEST INDIAN RIVER COUNTY , FLORIDA
Ilenm.
t el By Its Board of County
Print Name : Commissioners
Clerk ( or Deputy Clerk )
BY : � S
Print Name : Thomas S . Lowther
Its Chairperson
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowleded before me this 21St
day of ,June 200 5 by lnomas S . Lowther ,
who is personally known to me or who has produced _
as identification .
• y
Print Name : Kimberly E . Ma sung
Notary Public in and for the County
and State last aforesaid .
My Commission Expires : July 15 , 2007
Serial No . , if any : DD216503
- 4 -
RESOLUTION NO , 2005- 104 `Z
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF
INDIAN RIVER COUNTY AUTHORIZING THE DEPARTMENT
OF UTILITY SERVICES TO SUBORDINATE UTILITY
INTERESTS FOR A SEGMENT OF US HIGHWAY I .
WHEREAS , the Indian River County Board of County Commissioners ( Board ) enters
into a Subordination of Utility Interests in Utility easements referred to as Parcel Nos . 105 , and
805 ; and
WHEREAS , these parcels are better described as being Item/Segment No . 2285832 ,
Section No . 88010 -2503 , in the Managing District 04 , SR 5 ( U . S . Highway I , in the County of
Indian River; and
WHEREAS , the subordination entitles the FDOT access to the above-captioned
easements for construction purposes ; and
WHEREAS , it is in the public 's and the Board 's best interest to be able to provide the
FDOT with access to these parcels .
NOW , THEREFORE , BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
INDIAN RIVER COUNTY that by their signature executed below , the Board hereby directs and
authorizes the Department of Utility Services to subordinate their interest in easements located
at Parcels 105 and 305 , SR 59 ( US Highway 1 ) , in Indian River County .
The resolution was moved for adoption by Commissioner Davi s , and the
motion was seconded by Commissioner Neuberger , and , upon being put to a vote ,
the vote was as follows :
Chairman Thomas S . Lowther Aye
Vice Chairman Arthur R . Neuberger Ayp
Commissioner Sandra L . Bowden
Commissioner Gary C . Wheeler Aye
Commissioner Wesley S . Davis —Aye
The Chairman thereupon declared the resolution duly passed and adopted this 21 st
day of June , 2005 .
Attest : J . K . Barton , Clerk of Court INDIAN RIVER COUNTY
Board of County Commissioners
Dep e V Thomas S . Lowther, Chairman
Ap " rove/dr m & Legal S iciency :
B� /
ri nE. Fe , ` s, t .
,1
i
L
r
F :\Utilities\UTILITY - ADMINISTRATION\Generic Resolution Fonn.doc
• 1
Item Segment No . 2285832 Perpetual Easement
( Section No . 88010 - 2503 )
:`Pace"1 ;;No $ 05 '' State Road 5 Indian River County Description
A portion of land lying in the Northeast 1/ of Section 31 ,
Township 33 South , Range 40 East , Indian River County , Florida ,
more particularly described as follows :
Commence at a PK nail marking the East 1/ corner of said Section
31 ; thence North 89237 ' 25 " West along the East 1/ Section line
of said Section 31 , a distance of 1 , 423 . 79 feet to the POINT OF
BEGINNING ; thence continue North 89237 ' 25 " West along said East
1/ Section line , a distance of 10 . 06 feet to a point on a
non - tangent curve concave to the Northeast having a chord bearing
of North 25214 ' 08 " West ; thence Northwesterly along the arc of
said curve , having a radius of 10 , 107 . 58 feet , through a central
angle of 01255 ' 55 " , and an arc distance of 340 . 82 feet to a point
on the existing Easterly right of way line for State Road 5
( U . S . 1 ) as shown on the Florida Department of Transportation
Right of Way Map for Section 88010 - 2503 ; thence
North 19 ° 45 ' 47 " West along said Easterly existing Right Of Way
line and along a line being 111 . 25 feet Easterly of and parallel
with the Baseline of Survey for State Road 5 ( U . S . 1 ) , a distance
of 97 . 77 feet ; thence South 89237125 " East , a distance of 1 . 96
feet to a point on a nontangent curve concave to the Northeast
having a chord bearing of South 24258 ' 26 " East ; thence
Southeasterly along the arc of said curve , having a radius of
10 , 098 . 58 feet , through a central angle of 02230 ' 21 " , and an arc
distance of 441 . 67 feet to the POINT OF BEGINNING .
i
Containing 3 , 604 square feet ( 0 . 083 acres ) , more or less .
A perpetual easement for the purpose of constructing and
maintaining a slope for the support of the roadway and to provide
a replacement right of way for the relocation of utilities
currently existing within the project limits , including
associated upgrades , with the right of assignment of that
replacement right of way to the utility owner / operator .
i
}
i
i
j
` '
a
— G. .— '— __ — __ __ "�.' �_�._tel wvu.✓_.2•�[ti�. � _ � — — _ .— � � � _ �T — _l � "'/ �
W V - - - -
LL_I .70! 04x7 = XI.
_ — _ - - 1 5R5 us ! @SURVEY S . R . 5 ( U •S . F
_ - - -- - - - - - - - - - - 715' - --
- - - -} — - - - t - - - - i - - - -' _ - - -(- - -_—_-_
_=, — •-- _ — - �_._ — -CND R !W
- - - _ - - - - �-= - _ - - - - - - -- - = - - IQU E ITEM /SEG
LLJ
� p eN _ � SURVEY
- - - - - - - - - - - -- , N 1175378 . 6
„ 8i. 21 v - E 860061 : 79
9fi 72 ' f1T ' AN _ . . 1 ' 27 , 25 _ - � • ' _ -fC � .yfi3 ^ . Y e1G ?II
'= - -- -= - _- `
uu _ . - . a
/N LI"4 " M Ti I _ . - - - - - - - - - -
a
. _ _ s ( / . . . � � I -`
/ ! ; .1: 38. 22 ' . . . . .. . . . i •_ . ,. . ,E R $ L A 9Z. .TI '. . _ _ . . . -E
IST-. R ( NE • - - - -
v N 19 ° 45 ' 47 ' 1 . 011 . 76 '
3.: L — �_ — 1 44 . 48 . 58 . 113 . 81 ' RT
104 P 0 . $ . 4 • CB ,�� F0 . 5 /8 ' I . R . IN CONC .
Na Q T . E . ( PLAIN )
N • 1 175 . 027 . 602
E +.B �O . 18T . 935 SEE DETAIL "A "
' ^ v / OF P �L n • 02030 * 21 '( LT ) W = r
-� 701 .
N �� • a. . i . , �r/ '- -- - - - --- R--�
/ /t1 n o v
w( LT ) c B • • 5 24 . 58 ' 26 ' E 1 • 1 = `"
L • 340 .
R 10 1 41 . 78 . 37 IIt . TI 'AT nn � ry t� - - - - -
m y � T
¢ / C . B . • 25 ' 08 " E FD . 6 'x6 - RD R /YI . p .
Z o P: T • STA1141 + 26 . 93
S 19 45 47 ' E N 89 . 37 25 " A N • 1 . 175 031 . 435 S 50.47 ' 25 " E
100 , 534 - _ - - 25_ 00_ E 860 , 148 . 507 12 . 42 '
1 9466 , 04/5 .
(0, OR4 1 • 4 ' 47 " 346 . 27 '
f ( O R, B, sj9Gfpf4Sf NON - EXCLUSIVE DRAINAGE EASEMENT
N 6, - EXCLUSIVE
NI ( O. R . H . fi87 , PG . 28657 BLANKET UTILITY EASEMENT
00 ` 09 • 308 ) PER O . R . 8 , 106 , PG , 547
4
ro sEC 0' 651 g2 IB SURVEY CURVE ATA to 37 . 15
` � C, o 17 " W " 00 " ( T ) _ R , 10.._QS ;
--
0 • 02 ° 59 . 59 " C . B . • N 2:
E . COR . SEC. 31 -33 - 40 T • 2-93 . 99 '
1 l Im 583 . 40 `
FD . PK NA L
N • 1 , 174 . 959 : 104 C . B'. � IN128 *40 ' 23 "> W
E • 861 . 795 . 738 P . C. STA . 35 . 43 . 53
P . T . STA . 41 + 26493 QE -
COORDINATES :
P . I • STA . 38 . 37 . 52 5
E 8174 75550039
8 ,, 687 SEC . 31 - TWP . 33 S .
SEE SHEET I
fOR GENERAL NOTES AND LEGEND INDIAN RIVER C (
DA
FLORIDA DEPARTLENT OF TRANSPORTATION
10, 5
1 11 ATTACHMENTC SITE MAP
� a