HomeMy WebLinkAbout08-051RESOLUTION NO. 08-051
A RESOLUTION ACCEPTING A
QUITCLAIM DEED
ON BEHALF OF ST. LUCIE COUNTY, FLORIDA
BE IT RESOLVED by the Board of County Commissioners of St. Lucie County Florida
that:
The foregoing Quitclaim Deed is duly accepted on behalf of St. Lucie County this 8th'
day January, 2008.
ATTEST: BOARD OF COUNTY COMMTS<~^itiEr~S
ST. LUCIE COUNTY, ~ORI :~
,.
DEPUTY CLERK - AIR AN
~` APPROV D AS TO LEGAL FORM AND
,. ~ ~ ~~.
;, ': \, CORRECT ES ,
~-,~
COUNTY ,~IT~ORNEY
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3358843 O6/19/ZOpg at 11:17 qM
OR BOOK 3101 PgGE 703 - 713 Doc Type: DEED
RECORDING: $95.00
This instrument prepared '
under the direction of: '" '!
Laurice C. .Mayes, Esgf.
Legal description pr a` by:
Department of Transportation
3400 W. Commercial. Boulevard
Ft. Lauderdale, Florida 33309
Parcel No. 116,119,152
Item/Segment No. 2302882
Section No. 94010-2500
Managing District: 04
S.R. No. 5 (U.S. 1)
County: St. Lucie
QUITCLAIM DEED
THIS INDENTURE, made this day of
200 by and between the STATE OF FLORIDA, by and through the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, (Department) as Grantor and
ST. LUCIE COUNTY (County), whose address is: 2300 Virginia Avenue, Fort
.Pierce, Florida 34982, Grantee.
W I T N E S S E T H:
Whereas, the Department and County entered into a Memorandum of
Understanding (MOU) on October 30, 2001 .regarding drainage
accommodations for the State Road 5 (U.S. 1) corridor from Rio Mar
Drive to Midway Road; and
Whereas, the MOU provided that the Department would construct
several downstream stormwater retention ponds and the County would
accept perpetual maintenance responsibility of the ponds; and
..Whereas, pursuant to the MOU, upon completion and final acceptance
of the Department's project., the Department would convey title to the
ponds to the County and retain a drainage, flowage and access easement;
an d
Whereas, after said conveyance, the County shall be responsible
for the perpetual maintenance of the retention ponds at its sole cost
.t-I and expense; and
~~'' Whereas, the completion and final acceptance of the ponds has been
accomplished.
Now Therefore, in fulfillment of the intent of the MOU and in
compliance with requirements of the South Florida Water Management
District Permit No. 56-02099-P, the Department, for and in
consideration of the above, the sum of $1.00 and other valuable
considerations, receipt and sufficiency being hereby acknowledged, does
hereby remise, release and quitclaim unto the said County forever, all
right, title, interest, claim and demand, which the Department has in
and to the Parcels described in Exhibit "A", attached hereto and made a
part hereof, subject to the retention by the Department of a drainage
easement over said area.
The above rights granted by the Department to the County are governed
by and subject to the following:
County/Grantee shall have perpetual operation and maintenance
responsibility for the ponds as specified below:
a). Subject area shall include Ponds 23E (Parcel 152),
23W (Parcel 119), and 28 (Parcel 116), (as labeled in SFWMD Permit
No 56-02099-P exhibits), the immediate area surrounding the ponds,
as well as any fence structures around the ponds, outfall
structures, anti the interconnected ditches to allow flow as
designed and in accordance with the SFWMD permit and all
referenced attachments.
bj. Grantee shall comply with the SFWMD permit and those of
any other permitting agencies.
c). Grantee shall preserve the design capacity of the ponds
and ditches in order to accept all drainage from the 43.09 acres
of the S:R. 5 (U.S. 1) area as documented in the SFWMD permit.
dj. The available water quality volume, as permitted by
SFWMD, and the ponds shall specifically provide 7.8 acre feet of
water quality treatment volume for the referenced S.R. 5 (U.S. 1)
impervious area.
This deed shall be subject to the Department's Reserved Easement
rights described hereafter.
RESERVED EASEi~~NT
Department reserves herein an easement over the subject property
for the purpose of access, drainage, drainage capacity, water storage
and flowage over and within the subject Drainage Ponds.
If at some point the County wishes to alter or relocate any of the
Easement Areas or Drainage Ponds, it may do so upon the prior _written
approval of the Department. The Easement Areas or brainage Ponds may
be altered and/or relocated by the County at County's sole cost and
expense, provided the altered and/or relocated Easement Areas and
Drainage Ponds a). Provide equal or greater drainage capacity required
above, b). Continue to meet South Florida Water Management and the
North St. Lucie River Water Control District permit requirements and
c). Department's drainage is not interrupted at any time. In the event
that County desires to relocate the Easement Area and Drainage Ponds,
or any portion thereof, as provided above, County shall provide a
survey or sketch showing the location of the proposed relocated
Easement Area and Drainage Ponds to the Department. Upon the
Department's prior review and approval of the proposed relocation and
conveyance documents, the County shall grant the Department similar
easement rights to the new easement area, which documents shall be
recorded in the Public Records of St. Lucie County.
County shall be responsible for the maintenance of the completed
and installed Drainage Ponds. In the event the County fails to maintain
the Drainage Ponds or an emergency arises, the Department may, but is
not obligated to, enter the easement area to perform any necessary
maintenance work or repair the Drainage Ponds and charge the cost to
the County. County agrees to Department's right to perform such
activities and agrees to reimburse Department within thirty (30) days-
of receipt of an invoice for costs incurred. As circumstances permit,
Department will- provide County advance notice prior to performing any
such maintenance activities. It is understood that certain maintenance
or repair may necessitate the disruption nr ro_mn.», ..~
it~LrasLructures, or Ponds within the easement area; however,Vthe11LS,
Department shall not be responsible or liable for disruption or removal
of any such improvements, infrastructure, or ponds. The Department
must have access to the ,ponds at all times. Therefore, if there are
any enclosures that limit or prohibit access to the ponds, i.e., gates
and fences, then the County shall make sure the Department has current
keys to the locks at all times.
IN WITNESS WHEREOF, the State of Florida Department of
Transportation has caused these presents to be signed in the name of
the State of Florida and in the name of the State of Florida Department
of Transportation by its District Secretary, District IV and its seal
to be hereunto-affixed, attested by its Executive Secretary, on the
date first above written.
Signed,. sealed and delivered
in our presence as witnesses:
Print Name: ~y~'-~--t- ~a~t4e''1
yy
fp
Print Name: ~~v9c"~"~6-~;~.~ ~~~f'~~`r
STATE OF FLORIDA
COUNTY OF BROWARD
Print Name : ~~- ; ;,. ~ ~,"~;~y-~,y
Executive Secretary
BEFORE ME, the undersigned authority, this day personally
appeared, JAMES A. WOLFE, District Secretary and ~~~Q j~_~ y~p ~Z
Executive Secretary of the State of Florida Department of
Transportation, respectively, to me known to be the persons described
in and who executed the foregoing instrument, and they severally
acknowledged the execution thereof to be their free act and deed as
such officers for the uses and purposes therein mentioned, and that
they affixed thereto the official seal of said State of Florida
Department of Transportation, and the said instrument is the act and
deed of .said Department.
WITNESS my hand and official seal this ~_ day of J ~
200. '
....a.~.~....,.,......:.~.......w4. -
~::;~.;-, ~ '•'.~..uRES F. SCHWARTZ
~'.: ''+' COMMISSION # DD 604138 ....,,~
(NOTARIAL SEAL) Y"~~
'rr ~~,..
"' { ~''' 3rorMadRt,tdNotary Pur Ors ~s~ ~'~ MY~COMMISSION # DD 604138
~:~0. EXPIRES: November 22, 2010
~AF~°t~`'`` BondedThruNotsryPubiicUnd®rwritere
Print Name: f~j ® /B ~f~fj ~ // Q,/ 9~~~_
IN WITNESS WHEREOF, the said grantor has caused these preserts to
be executed in its name by its Board of_;C;ounty Commissioners`act~~g by
the Chairperson or Vice-Chairperso~iLbf aid Board, the day ahd?y~ar ~~
aforesaid . ~,~~¢~~~`'"
~, ~ ~ ~~ ``
r ,
-~~s--~-- ' ~
ATTEST: °~~'~.~`°~;UCIE COUNTY, 'FT,ORIDAu
~~ ~ /" ~ By ~ Board of County
Print Name. //fi/// mrs Toners
Clerk (or Deputy C~~lppe~r,.,,k ~ i~_a`~
_ R
By: ~
Pri Name:
w'~"~ tt ""~"° Its Chairperson
n ~~ (or Vice-Chairperson)
STATE OF FLOR A
COUNTY OF ST. LUCIE
The foregoing instrument was acknowledged before me this
day of _...}rt{~c~«i'.~ 200$ by ~~t35C=.rz1, ~ Sr'Y~r'-1°l~t ,
Chairperson - on), who is personally known to me or who
has produced _ as identification.
C'.Q,~-~, C1.~a~~
~~`" ~~s~, Carol A. ~iShOp
Cep mission # Dp323640
" Ex ir~5 May, 26, 2008
~ 6tond.d Tray Rtin Inwrarwa, irw, (4W~«'@~ 7Q18
Print Name:
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No:, if any:
PARCEL 116
SEC. 15, TWP.36 S., RGE. 40 E.
NEW CANAL N 00°14'49 " W
760.00' 473.95'
P.O.B.
85.00' 3 w
N 00°14'49" W oM I I CM 6
ON ,O
W N Nlol X16 Iwo
OD Q
Z O Q °sl ~v e
J a H DETENTION °D
o a POND Z
U
i- 0 12 5
U o0
W ~U _ _
N -'~ 474.00'
z~ S 00°14'49" E
aN
YZ
Ti
13 BLOCK 4 4
MODEL LAND COMPANY
P.B.I~ PG.41
M
N M
~ ti
Q N
0 6Y
Oi
N
22 15 P. o. c. -
S.E.CORNER,S.E.I/4,
SEC. 15-36-40
23 I q N= 1092553. 734
E= 877634.321
FOUND 4" CONCRETE MONUMENT
NOTEa FOUND LIGHTERWOOD POST
N - 0.18'
E - 0.17'
FLORIDA DEPARTI~NT OF TRANSPORTATION
PARCEL SKETCH - NOT A SURVEY
STATE ROAD N0. 5 ST. LUCIE COUNTY
BY DATE PREPARED BYE DATA SOURCE.
K IA4-EY-HORN 8 ASSOCIATES, INC. N/A
DRAWN J. EDGAR 06 /05 /0T
REVISION BY DATE CRECKED J. EDGAR 06 /05ro7 "F'P• 10. 2302882 SECTION 9401 0-2500 SHEET I OF 2
Parcel 116
Item Segment No. 2302882
(Section No. 94010-2500)
A portion of Lots II and 12, Block 4, MODEL LAND
COMPANY, according to the plot thereof, as recorded
in Plot Book I, Page 41, of the Public Records of
St. Lucie County, Florida, lying in Section 15,
Township 36 South, Range 40 Eost, St. Lucie County,
Florida, being more particularly described as follows:
Commence of o found 4 inch concrete monument marking the
Southeast Corner of the Southeast Ouorter tSE 1~4) of
said Section 15i thence South 89°46'23" West along the
South line of the Southeast Ouorter tSE li4), a distance
of 1927.39 feet= thence North 00°14'49" West, a distance
of 85.00 feet to the point of the intersection of the
Northerly Existing Canal Right of Woy Line for the North
St. Lucie Rtver Water Control District Conol No. 28 and
the Easterly Existing Conol Right of Woy Line for the
Florida Deportment of Transportation New Conol= thence
continue North 00°14'49" West along said Easterly Existing
Conol Right of Woy Line for the New Conol, a distance of
760.00 feet to the POINT OF BEGINNING: thence continue
North 00°14'49" West along said Easterly Existing Conol
Right of Woy Line, o distance of 473.95 feet to o point
on the Northerly line of sold Lot II= thence
North 89°46'03" Eost along the Northerly Tine of svid
Lots II and 12, a distance of 485.00 feet= thence
South 00°14'49" Eost, a distance of 474.00 feet= thence
South 89°46'23" West, o distance of 485.00 feet to
a point on said Easterly Existing Canal Right of Woy Line
for the New Conol and the P01NT OF BEGINNING.
Containing 5.277 acres, more or less.
FLORIDA DEPARTbENT OF TRANSPORTATION
PARCEL SKETCH - NOT A SURVEY
STATE ROAD N0. 5 ST. LUCIE COUNTY
BY DATE PREPARED BY. DATA SDURCEI
K IIAL EY-HORN B ASSOCIATES, INC. - N/A
DRAWN J. EDGAR 06/05/07
REVI5I DN BY DATE CRECKED J. EDGAR 08/22/07 F•P• ID. 2302882 SECTION 94010-2500 SHEET 2 OF 2
PARCEL .119
SEC. 15q TWP.36 S., RGE, 40 E.
16 I 9
Noo°32' I I "w OLEANDER AVENUE
SECTION LINE - -
57o.4s• 15
N 00°32'11" W
I I
I I o
v
MODE LAND COMPANY ~,
P.B. 1~ PG. 41 ~,
BLOCK 2
U
W
8 7 N
of DETENTION ~
o POND
O
O
O
O
3 M
= 119 -
0
u~
QI I
~ I I ``'
-,.
N
tf1
5 °'
°
o+
ao
z
P.O.B.
I
570.47' I
5 00°32'11" E
4 89.00' m
S 00°14'08" E c0 /
N ~/
O
M
22.00' \
5 89°45'52" W
10
0
Q
M
0
W
N
w
z
J
Z
O
H
U
w
to
v
w
z
w
a
w
C7
a
w
N
~n
v
o~
N
P.O.C. -
N.E.CORNER,N.E.I/4,
SEC.15-36-40
N=1097827.272
E= 877624.887 15 10
FOUND 4"CONCRETE MONUMENT
14
w
z ~
~ ~o
w rn
z.
~ Erg
o_
U
~ U
^w
z cn
3
~ O
~~
M ~
'~' m
~~
N
FLORIDA DEPARTII~NT OF TRANSPORTATION
PARCEL SKETCH - NOT A SURVEY
STATE ROAD N0. 5 ST. lUC1E COUNTY
RY DATE PREPARED BYE DATA SOURLE~
KI ML EY-HORN B ASSOCIATES, INC. N/A
DRAWN J. EDGAR 06/05/07
PEVISION er DATE CHECKED J. EDGAR 06/05/07 F•P• ID. 2302882 SECTION 940 1 0-2500 SHEET I OF 2
Parcel 119 Item Segment No. 2302882
tSection No. 94010-2500)
A portion of Lots 5 and 7. Block 2. MODEL LAND
COMPANY according to the plot thereof Os recorded in
Plot Book i~ Page 41~ of the Public Records of St. Lucie
County. Florida, Iytnq in Section 15. Township 36 South.
Runge 40 Eost. being more porttculoriy described os follows:
Commence of o found 4 inch concrete monument marking
the Northeast Corner of sold Section 15= thence
South 89°49'01" West along the North line of the
Northeast Ouorter tNE I/4) of said Section 15. o
dtstonce of 2.653.86 feet to the Northwest Corner
of said Northeast Ouorter tNE 1/4)i thence
South 89°45'52" West along the North Tine of the
Northwest Ouorter tNW l/4) of sold Section 15. o
dtstonce of 22.00 fee+ to o point on the Baseline
of Survey for State Road 5 tU.S. 1)~ as Shown on the
Florida Deportment of Transportation Right of Woy Mop.
Item Segment No. 2302882: thence continue
South 89°45'52" West along said North line of said
Northwest Quarter (NW I/4) and along the Baseline of
Survey for Seoger Avenue. a dtstonce of 1.302.89 feet=
thence South 00°14'08" Eost. o dtstonce of 89.00 feet
to o point on the Southerly Existing Canal Right of
Woy Line for the North St. Lucie River Water Control
District Conol No. 23 and the POINT OF BEGINNING:
thence South 00°32'11" Eost~ o dtstonce of 570.47 feet=
thence South 89°45'50" West along the Southerly line
of sold Lots 5 and 7, o dtstonce of 1.300.00 feet
thence North 00°32'11" West. a dtstonce of 570.48 feet
to O point on soil Southerly Existing Canal Right of
Woy Ltne of Conol No. 23: thence North 89°45'52" Eost
along said Southerly Existing Conol Right of Woy Line.
o distance of 1 300.00 feet to the POINT OF BEGINNING.
Contoininq 17.025 acres. more or Tess.
FLORIDA DEPARTMENT OF TRANSPORTATION
PARCEL SKETCH - NOT A SURVEY
STATE ROAD N0. 5 ST. LUCIE COUNTY
BY DATE PREPARED BY. DATA SDURCE~
K IAM.EY-HORN B ASSOCIATES, INC. N/A
DRANK J. EDGAR 06/05/07
REVISION BY GATE CHECKED J. EDGAR OBi22iO7 F•P• ID. 2302882 SECTION 9401 0-2500 SHEET 2 OF 2
PARCEL 152
SEC. 15, TWP.36 S., RGE. 40 E.
613.21'
___~. _ _ __~ =J
~FPL ESMT N 00°12'56" W
O.R.B. 466,
PG. 2676
5 l 0 0
I
I I ~ ~
M f~
MODEL
LAND COMPANY Lll
- O
-
P.B.I~ PG.41 ~ ~ ~
4 N BLOCK I o `" `"
N ~
O
~ _
I
(
.
I M ..
Q N ~
I • O
~ O ~
Z ~
3 1aJ ~ z
=
N 2
G N Q
Z Z Y
- ~
3 °0 152 ~
~
Q
~
DETENTION POND °
o
z
~ _
NI zl I J
2
I
I I
46.00'
5 00°10'59" E
P.O.B.
612.83'
S 00°05'24" E
-- - 15
N o0°05'24" w SECTION LINE Iq
z
0
U ~
W ~
N
W
N I~
~ ,
Z O ~` ~
. Q- N o0
I U ~ ~ .
O O W l01` V
. Z th N N
~
v ~ ~ i ~ ~
~ N
O Ln
~ O~ I~
o
o . o 00
N ~ W U -
'
Zw
~ zN
f-
z
w
0
z
0
W
W
CC
U
Z
O
v
0
z
0
FLORIDA DEPARTI~NT OF TRANSPORTATION
PARCEL SKETCH - NOT A SURVEY
STATE ROAD N0. 5 ST. LUCIE COUNTY
BY DATE PREPARED BY. DATA SOURCE,
KIMLEY-HORN 8 ASSOCfATES, INC. N/A
DRAWN J. EDGAR 06/05/07
REVISION BY DATE CHECKED J. EDGAR 06/05/07 F•P• ID. 2302882 SECTION 94010-2500 SHEET I OF 2
Parcel 152 Item Segment No. 2302882
iSectton No. 94010-25001
A portion of Lots I. 3. 4~ and 5. Block 1~ 4~DEL LAND
COWPANY. oCCOrdinq to the plot thereof os recorded In
Plot Book I. Page 41~ of the Public Records of St. Lucie
County Florida, lying in Section 15. Township 36 South
Range 40 Eost. St. Lucie County, Flortdo. being more
portlcuiorly described os follows:
Commence of o 4 inch concrete monument found marking the
Northeast Corner of said Section 15~ thence
South 89°49'01" West olOng the North line of the
Northeast Ouorter fNE 1/43 of said Section 15. o distance
of 55.00 feet= thence South 00°10'59" East. a distance of
46.00 feet to a point on the Southerly Existing Canal Right
of Woy Line for the North St. Lucie River Water Control
District Conol No. 23 and the POINT OF BEGINNING>l thence
South 00°05'24" Eost. o distance of 612.83 feet= thence
South 89°48'12" West a distance of 1.602.22 feet to 0
point on the Westerly line of Said Lot 5t thence
North 00°12'56" West along said Westerly Ilne. a distance
of 613.21 feet to o point on soil Southerly Existing Canal
Right of Woy Line: thence North 89°49'01" East along said
Southerly Existing Conol Right of Woy Line. a distance Of
1603.56 feet to the POINT OF BEGINNING.
Contotnlnq 22.557 acres. more or less.
FLORIDA DEPARTIIIENT OF TRANSPORTATION I
PARCEL SKETCH - NOT A SURVEY
STATE ROAD N0. 5 ST. LUCIE COUNTY
BY DATE PREPARED BY. DATA SDURCE~
K IML EY-HORN 8 ASSOCIATES, INC. N/A
DRAMM J. EDCAR 06/05/07
REVISION BY DATE cRECKED J. EDGAR 08/22/07 F•P• ID. 2302882 SECTION 94 0 1 0-2500 SHEET 2 OF 2