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Home My WebLink About09-234 RESOLUTION NO. 09-234 A RESOLUTION ACCEPTING A RIGHT-OF-WAY EASEMENT ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Bonrd of County Commissioners of St. Lucie County, Florida, that: The foregoing RIGHT-OF-WAY EASEMENT is duly accepted on behalf of St. Lucie County this 11th dny of AUGUST, 2009. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA r R Chair ATTEST: , ~~k z ~I . Deputy Cler s ' ~C'j~ Cpi~~' APPROVED AS TO FORM AND CORRECTNESS: BY: County Attor y 5:\ACQ\WP\Right of Way Donations\Fort Pierce Mosque\Resolution No. 09-234.wpd Prepared by and. Return to: JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Tyson J. Waters, Esq. SAINT LUCIE COUNTY Ruden, McClosky, Smith, Schuster & Russell, P.A. OR BOOK 3123 PAGE2002 at 0230 Doc Type: EASMT 145 NW Central Park Plaza, Suite 200 RECORDING: $61.00 Port St. Lucie, Florida 34986 RIGHT OF WAY EASEMENT THIS INDENTURE made and entered into this ~ ~ day of August 2009, by THE NORTH AMERICAN ISLAMIC TRUST INC., an Indiana corporation, whose mailing address is 745 McClintock Drive, Suite 3:14, Burr Ridge, Illinois 60527, ("Grantor"), to ST. LUCIE COUNTY, a political subdivision of the State of Florida, ~ whose mailing address is 2300 Virginia Avenue, 3`a Floor Admin Annex, Fort Pierce, Florida 34982 ("Grantee"). WITNESSETH: Q For and in consideration of TEN DOLLARS ($10.00) and other good and 4-' valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows: 1. Grant of Easement. Grantor hereby grants and conveys to Grantee, anon- ~p., exclusive ten foot (10') wide right-of--way easement for roadway, including sidewalk and ~ pedestrian, stonnwater management and drainage purposes, including but not necessarily limited to the installation anal maintenance of improvements for said purposes, w ("Easement") over, under, across and upon the following described property: ~ SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE ("Easement Area") 2. Right of Conveyance. Grantor is the owner in fee simple of the Easement Area. ~ Grantor warrants and represents that Grantor has the right to convey a permanent Easement over, under, across and upon the Easement Area. U 3. Maintenance. Grantee shall maintain. the Easement Area, including any and all improvements made or constructed over, under, across or upon the Easement Area, and shall bear the full cost, expense and responsibility for any and all maintenance, repair and replacement of the improvements in the Easement Area. a 4. Duration. The Easement shall be perpetual in duration, and shall not be changed, altered or amended except by an instrument in writing executed by Grantor and Grantee, or their respective successors anal assigns. RM:6562619:4 5. Covenant Running with. the Land. The Easement and all conditions and covenants set forth herein are intended to be and shall be construed as covenants running with the land described in Exhibit "A", benefiting the public at large and burdening the Easement Area, and shall. be binding upon the heirs, successors and assigns of the parties. 6. Indemnification by Grantee. To the extent pernlitted by the laws of Florida, Grantee shall indemnify and hold harn~less Grantor anal Grantor's successors and assigns from. any and all losses, damages, suits, actions, judgments, claims and demands whatsoever, including reasonable attorneys' fees, costs and expenses at all pretrial, trial, appeal, and alternative dispute resolution levels, arising from, out of, or occasioned by the negligent acts or omissions of Grantee or its agents, employees, licensees, or invitees of, while using the Easement, including, but not limited to, any and all suits, actions, or claims of any character, type or description brought or made for or on account of any injuries or damages received or sustained by any person or persons or property. The obligations of the Grantee to indemnify, defend and hold harmless the Grantor under this Agreement is limited to the same extent that the Grantee would otherwise be obligated directly to third persons under existing law or to the extent provided under Section 768.28, Florida Statutes, whichever is less. This section shall not be construed as waiving any defense or limitation which Grantee may have against any claim or cause of action by any person not a party to this Easement. 7. Grantor's Use. Grantor reserves the right to use the Easement Area for any other use or purpose not inconsistent herewith or otherwise interfere with Grantee's use of the Easement Area, however no buildings or structures sh.. all be erected or placed on said strip of land by Grantor. The rights herein granted may be assigned in whole or in part. 8. Governing Law. The Easement shall be governed by and construed in accordance with the laws of the State of Florida. (Remainder of page intentionally left blank; Signature pages to follow) RM:65G2619:4 IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement in a manner and form sufficient to bind them as of the dates set forth below. Signed, sealed and delivered in our presence: GRANTOR THE NORTH AMERICAN ISLAMIC TRUST INC. Indiana corporation Print Dame: ~ ~ E~ ~ r ~ n t~ ~f 1~e. c=am w`~ By . . Its: - `u~ ,p,~-z, ~~l,uoy Tint Name: ~`>~r'/ts' ~~.~~,~~v STATE OF / COUNTY OF ~ ~ o ~ The foregoing instrument was acknowledged before me on this ~ day of ~nr~~"l ~.eusTc-fir 2009, by ~ ~ - rbr~l ~ as o the The North American Islamic Trust Inc., who is personally known to me or ( )who has produced as identification. "OFFICIAL SEAL" Notary Public Mohammad B»isheeruddi~ Print Name: /1/~v~r,~Mrv~~1~ ~.~AS'~~~~e//J'~~~ ~ Notary per, , of iilinois My Commission expires: ~,~.`/~~~/c~ Commission 'i2f18l2010 RM:6562619:3 GRANTEE St. Lucie County, a political subdivision of the State of Florida Atte flu . L.~ r~ Ch k r of ourt ~IiE Cpl ~,~0~ , ,J ~~:°~~'r~ Appro~ s to form and co e ess: _ ~ ; ~ ~„cp `„1~ "t~ rte" try x• +t:°~ I.,i•`f ~ • r,,y; ,y Dan McI tyre, County o ey <!n~y' "y;;" : Mkt ~7~{,,il~ . l~~Y~~ G~~~~ RM:6562b19:3 LEGAL DESCRIPTION FOR RIGHT OF WAY DEDICATION LEGAL DESCR/PT/Ol1/.• BEING A PORTION OF LAND LYING IN NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 35, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARYL Y DESCR/BED AS FOLLOWS.• COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 33; THENCE S 89'34'47'E, ALONG THE NORTH L/NE OF SAID SECTION 33 AND CENTERLINE OF BELL AVENUE (A 70 FOOT RIGHT OF WAY), A D/STANCE OF 794.48 FEET TO A POINT ON THE NORTHWESTERLY PROJECTION OF THE WESTERLY R/GHT OF WAY LINE OF SUNRISE BOULEI/ARD (A 50 FOOT RIGHT OF WAY); THENCE SOUTH 33°24'49'" EAST, ALONG SA/D WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 234.74 FEET TO THE POINT OF BEG/NNING; THENCE CONT/NUE SDUTH 33'24 '49 " EAST, A DISTANCE OF 210.68 FEET TO A POINT ON THE NORTH LINE OF ESTATES OF LAWNWOOD AS RECORDED IN PLAT BOOK 26, PAGE 27 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 89'35'36" WEST, ALONG SAID NORTH LINE OF ESTATES OF LONGWOOD, A D/STANCE OF 12.04 FEEr• THENCE NORTH 33'24'49" WEST, A D/STANCE OF 210.68 FEET,• THENCE SOUTH 89'34'45" EAST, A DISTANCE OF 12.04 FEET TO THE PO/NT OF BEG/NN/NG. CONTAINING.• 2106.80 SQUARE FEET. NOTES.' • 1. TH/S SKETCH OF LEGAL DESCR/PT/ON DOES NOT REPRESENT A BOUNDARY SURI/EY. 2. THE BEAR/NG BASE OF TH/S SKETCH OF LEGAL DESCR/PT/ON /S N3324'49 "1N ALONG THE WESTERLY R/GHT OF WAY L/NE OF SUNR/SE BOULEI/ARD. 3. THE /NFORMAT/ON WAS PROs//DED BY 'ibfUSL1M FR/ENDS OF FLOR/DA" SURI/E)'ORS CERT/F/CAT/ON.• / HEREBY CERT/FY THAT THE 'SKETCH TO ACCOMPANY LEGAL DESCR/PT/ON" WAS PREPARED UNDER MY RESPONS/BLE CHARGE AND. MEETS THE M/N/MUM TECHN/CAL STANDARDS AS SET FORTH BY THE FL OR/DA BOARD OF PROFESS/OVAL LAND SURVEYORS AND MAPPERS /N CHAPTER 61 G17-6, FLOR/DA STATUTES, AND THAT /T /S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEL/EF. NOT l/AL/D W/TROUT THE S/GNATURE AND THE OR/G/NAL RA/SED SEAL OF A FLOR/DA LICENSED SURI/EYOR AND MAPPER. .BLODMSTER ~ ' ~ 2 PROFESSIONAL LAND F. Ste; ~~~~i~ ~ SURV~EYAORSi~e NC. .ae eo.REwSIONS 791 NORTHEAST DIXIE HIGHWAY ROBERT BLOOMSTER JR. JENSEN BEACH, FLORIDA 34957 PROFESS/OVAL LAND SURVEYOR PHONE 772-334-0868 NO. 4134 STATE OF FL OR/DA SKETCH TO ACCO~[PANY LEGAL D.1~SCRIPTION PREPARED FOR.• MUSL/M FR/ENDS OF FLORIDA SITE LOCA TED: SUNR/SE BOULEVARD and BELL ,AVENUE ST. LUCIE COUNTY, FLOR/DA NOT VALID WITHOUT SHEET 2 OF 2 0 E ~ soF~'P 210• ` , ~ ~ ~F S~R,~ 9,~ ~Q. v ~P~/ R1G~ 6a o POO R,G~ ~J'2~ k' Ep,~P~o1~ <h oo~ e~ 5~ ' ~ ~g~Pr ~ N 5 0~ o F G °F R~~Rj t~ R ~ ` ~ GE ~ ~ G 5 V 23a~ k rl- ?h w, o • k kg'E ~~G11v ~ ~ o ~ s~~Z OF ` ~u ~ ~ ~ h o, ~ o ~ ~ ~ h ti e ~O ~ o ~ ~N ~ ~ ~ I ~ ~ ~ o~ op v ~ v cp W ~ a ~ N 2 h O G) 000 ~ Q m ~ Q' o ~ o ~ ~ z Q W a N00 25'15 "E 150.00' ~,0 ~ 3 Q U ~ ~ ~ ~ QOr O~ y ~ ~ ~ "Q `-J y Q ~I~ ow J~~P e W o Z ~ ~ ~ ~ y Uo~ ~ ~ Z \ ~ a ~z° ~ ~ ~ U ^ 45 00' WEST L/NE OF NOT INCLUDED PORTION OF ESTATE'S OF LONGWOOD ~ z o N00 24'38 "E 325.15' O ~ 3 3 LOT 1 LOT 2 LOT 3 Oat ~ SHEET 2 OF 2 (SCALE.• 1 "=80) NOT VAL/D Wl'THOUT SHEET 1 OF 2 BLOOMSTER PROFESSIONAL LAND SKETCH OFL~ DESCRIPTION suRVEYORS~/NC. r ~VR 791 NORTHEAST DIXIE HIGHWAY RIGHT OF WA l DEDI CA TION JENSEN BEACH, FLORIDA 34957 PHONE 772-334-0868