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This instrument prepared Parcel No . 805 . 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 ( US 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 . 805 Item/ Segment No . 2285832
( Section No . 88010 - 2503 )
A portion of land lying in the Northeast '/4 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 '/4 corner of said Section 31 ;
thence North 89037125 " West along the East '/4 Section line
of said Section 31 , a distance of 1 , 423 . 79 feet to the POINT OF
BEGINNING ; thence continue North 89037125 " West along said East
'/4 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 25014108 " West ; thence Northwesterly along the arc of said curve ,
having a radius of 10 , 107 . 58 feet , through a central angle of
Continued
O1055 ' 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 19045147 " 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 89037 ' 25 " East , a distance of
1 . 96 feet to a point on a nontangent curve concave to the Northeast
having a chord bearing of South 24058126 " East ; thence Southeasterly
along the arc of said curve , having a radius of 10 , 098 . 58 feet , through
a central angle of 02030121 " , and an arc distance of 441 . 67 feet to the
POINT OF BEGINNING .
Containing 3 , 604 square feet ( 0 . 083 acres ) , more or less .
RECO
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 .
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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 :
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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 .
ATTES INDIAN RIVER COUNTY , FLORIDA
Ilea M. a 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 acknowled ed before me this 21st
day of June 200 5 by Tomas S . Lowther ,
who is personally known to me or who has produced _
as identification .
Print Name : Kimberly E . Ma sung
Notary Public in and for the County
and State last aforesaid .
My Commission Expires : Duly 15 , 2007
Serial No . , if any : DD216503
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