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HomeMy WebLinkAbout11-101RESOLUTION NO. 11-101 A RESOLUTION ACCEPTING A LICENSE FOR SLOPING, CLEARING, GRADING, TYING IN, HARMONIZING AND RECONNECTING EXISTING FEATURES ON SCHOOL BOARD OF ST. LUCIE COUNTY PROPERTY ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing is duly accepted on behalf of St. Lucie County this 21S` day of ,. M June, 2011. ~~ '~`~- BOARD OF COUNTY CO~~ISSIONERS ST. LUS;kE~pUNTY„~'LIdRIDA APPROVED AS TO FORM AND CORRECTNESS: ~~ COU ATTORNEY This instrument prepared by: Janet LiCausi, under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 Project-Weatherbee Road Sidewalks Parcel ID (Folio) No.: 243533100010006 LICENSE JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3608591 07/12/2011 at 03:30 PM a LIC OR BOOK 3307 PAGE 1448 - 1454 Dx TYP RECORDING: $67.00 This Agreement made the ~ day of ~LI nF. , 2011, between THE SCHOOL BOARD OF ST. LUCIE COUNTY, governing body of the School District of St. Lucie County, Florida, whose post office address is: 4202 Okeechobee Road, Ft. Pierce, FL 34947 herein called the licensor, to ST LUCIE COUNTY, a Political Subdivision of the State of Florida, whose post office address is: 2300 Virginia Avenue, Fort Pierce, FL 34982, herein called licensee. In consideration of the benefits accruing unto the licensor, the parties agree as follows: Licensor hereby grants to licensee a license to occupy and use, subject to all of the terms and conditions hereof, the following described premises: -See attached EXHIBITS A-1 and A-2 The premises may be occupied and used by licensee solely for sloping, clearing, grading, tying in, harmonizing and reconnecting existing features of the licensor's property with the highway improvements which are to be constructed, together with incidental purposes related thereto, during the period beginning with the date first above written and continuing until completion of the transportation project, but not later than the last day of June 2015. The licensee shall be responsible for restoring the premises to original conditions, maintaining drainage, and controlling erosion and sedimentation. The making, execution and delivery of this agreement by licensor has been induced by no representations, statements, warranties, or agreements other than those contained herein. This agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof. The licensee shall at all times observe in its use of the premises all applicable municipal, county, state, and federal laws, ordinances, codes, statutes, rules, and regulations. Prior to entering upon the premises or commencing work on the premises, the licensee shall obtain all necessary governmental permits and other approvals as may be required from the applicable governmental authorities exercising jurisdiction over such works ("Permitting Agencies"), to perform the work. Upon completion of the work, the licensee shall leave the premises clear of all construction debris and othen/vise compliant with the terms and conditions of each and every permit or other approval received from the Permitting Agencies. Subject to the limitations set forth in Section 768.28, Fla. Stat., the licensee agrees to save and keep harmless and fully indemnify the licensor, its officers, employees, and agents of and from all losses, liabilities, damages, claims, actions, legal proceedings, settlements, judgments, recoveries, costs, and expense because of loss of, or damage to, property, or injury to or deaths of persons in any way arising out of or in connection with the occupation of the premises or adjacent property and attributable to the negligence or other wrongful conduct of the licensee or its employees, agents, or contractors, including but not limited to any loss or action resulting from the failure of the licensee to comply with the terms and conditions of this instrument. By entering upon the premises, the licensee shall be deemed to have accepted the terms and conditions set forth in the instrument. IN WITNESS WHEREOF, the said licensor has signed and sealed these presents the day and year first above written. Witness ~~.~a.~i I Hess STATE OF FLORIDA COUNTY OF ST. LUCIE SCHOOL BOARD OF ST. LUCfE COUNTY, FLORIDA, Governing Body of the School District of St. Lucie County, Florida THR HENSLEY, CH R I hereby certify that on this day before me, personally appeared, KATHRYN HENSLEY, known to me to be the Chair of the School Board of St. Lucie County, Florida, in whose name the forgoing instrument was executed and that they severally acknowledged executing the same for such Board freely and voluntarily under the authority duly vested in them by the Board, that the seal affixed >;hereto is the true official seal of said Board; identification of the above-named person are botht~ersonally known to me; and that an oath was not taken. Witness my hand and official seal in the County and State last aforesaid this /~~ day of ~~un~, , 2011. My Commission expires: ~ 3Cj-~I-~. _~,~~:t (%1RI311WE L HAPfUSON ?~N' MY COAWAISSION 11 ED 987841 »; _ EXPIRES:Aupust30,2014 •• Baled ThNfJdrYUnddvn8ers I~GL~LO ~Q.b.Si.,rt~iV Notary Public-State of Florida( Print Name:~lr'iStin~.~-~ T1Li f I'"IS©Yl LEGAL DESCRIPTION Being a parcel of land lying in Section 35, Township 35 South, Range 40 East, St. Lucie County, Florida, being more particularly described as follows; Commence at the Southwest corner of said Section 35; thence S89°57'44"E, along the South line of said Section 35, a distance of 100.00 feet; thence N00°12'27"E a distance of 30.00 feet to the North right-of-way line of Weatherbee Road (a variable width right-of-way), and the POINT OF BEGINNING of the following described parcel; Thence continue N00°12'27"E a distance of 10.00 feet; thence S89°57'44"E a distance of 875.62 feet; thence S00°12'27"W a distance of 10.00 feet to said North right-of-way line of Weatherbee Road; thence N89°57'44"W, along said North right-of-way line, a distance of 875.62 feet to the POINT OF BEGINNING. Containing 0.201 acres, more or less. EXHIBIT ~ • s NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK,VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAY AND/OR EASEMENTS OF RECORD. Michael T. Kolodziejczyk Professional Surveyor and Mapper Florida Certificate No. 3864 -/Z•zot/ Signature Date Sheet 1 of 2 DESCRIPTION LICENSE AGREEMENT 1 3 !34 -SW CORNER GATOR TRACE 2 S89'57'44"E 35 SECTION 35 BOULEVARD 100.00' - N0 SKETCH TO ACCOMPANY '7„E N00'12'27"E 2 30 00 POB 10.00' LEGAL DESCRIPTION BLOCK 38 ~ Tii1S IS NOT A SURVEY cn 0 c BUCHANAN DRIVE _ m n t GRAPHIC SCALE ~ o loo o so Ioo Iz ~ v r --~~ ~ Z (MFEET) ~ m 1 inch = 100 ft 1 m 10 00' . I ~ D - - ~ ~ of I Z („ 2 D 00 ~ ~ °° ~ INDIAN RIVER ESTATES UNIT 4 PLAT BOOK 10, PAGE 49 ~ SCHOOL BOARD OF _ - _ ~ m ST. LUCIE COUNTY, I ^ FLORIDA D ~ WEATHERBEE 3 ~ I ~ ELEMENTARY SCHOOL ~ BLOCK 36 r; D = ~ ~ ~_ rn ~ - - --1 ~ ~ ~ ~ ~ ~ ° ° ~I ~ I ~ ~ ~ D D ~ ~ v ~ PINETREE DRIVE ~ ~ ~ ~ N U ~ N 1 BLOCK 35 I POB =POINT OF BEGINNING POC =POINT OF COMMENCEMENT - -~ BEARINGS SHOWN HEREON ARE ASSUMED AND ~ S00'12'27"W RELATIVE TO THE SOUTH SECTION LINE OF SECTION Z 10.00' 35 HAVING A BEARING OF S89'S7'44"E Sheet 2 of 2 File: 10-001s&d.dwg CULPEPPER ~ TERPENING, INC SKETCH OF DESCRIP110N Date: 4-8-2011 CONSULTING ENGINEERS I LAND SURVEYORS OF 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 LICENSE AGREEMENT Tech: GLM _ PHOrTE772-4~4-3537 FAx772-4~4-9497 www.ct-eng.com STATE OF FLORIDA CERTIFICATION No. LII 42SG LEGAL DESCRIPTION Being a parcel of land lying in Section 35, Township 35 South, Range 40 East, St. Lucie County, Florida, being 10.00 feet each side of the following described parcel; Commence at the Northwest corner of the plat of SAVANNA SADDLE CLUB-PHASE I, as recorded in Plat Book 23, Page 13; thence S89'47'33"E, along the South right-of-way line of Gator Trace Drive, (a 60.00 foot wide right-of-way), a distance of 26.68 feet to the POINT OF BEGINNING of the following described centerline; Thence S00'02'16"W a distance of 34.63 feet to the POINT OF TERMINATION. Containing 693 square feet, more or less. EXHIBIT ~ w .. • NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK,VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAY AND/OR EASEMENTS OF RECORD. - -------- ---------------- --- f '~~_zol~ ---- Mi hael T. Kolodziejczyk Signature Date Professional Surveyor and Mapper Florida Certificate No. 3864 REVISION: CHANGED TITLE OF SKETCH GLM 4-18-2011 REVISION: CHANGED NORTH ARROW GLM 4-13-2011 Sheet 1 of 2 DESCRIPTION OF LICENSE AGREEMENT File: 10-001s&d CULPEPPER ~ TERPENING, INC LA.dwg CONSULTING ENGINEERS I LAND SURVEYORS Date: 4-8-2011 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 PHONE 772-464-3537 FAX 772-4649497 Tech: GLM www.ct-eng.com STATE OF FLORIDA CERTIFICATION No. LB 4286 SKETCH TO ACCOMPANY LEGAL DESCRIPTION TiiIS IS NOT A SURVEY GRAPHIC SCALE so o zs so (IN FEEL' ) L inch = 50 ft POC NW CORNER >- Q I O ~~ ~~ ~ _ SOUTHSIDE BAPTIST ~ CHURCH SLC, INC. ~ A Q 3 of I a O~ H~ o ~~ o Q 0 0 N s89.47'33"E GATOR TRACE DRIVE 26.68'P~B (60.00' RIGHT-OF-WAY) 10.00' Q 0 I c~ (Y SOUTH RIGHT-OF-WAY - S00'02'16"W 34.63' 20.00' ~-10.00' SAVANNA SADDLE CLUB PHASE I PLAT BOOK 23, PAGE 13 SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA WEATHERBEE ELEMENTARY SCHOOL NORTH RIGHT-OF-WAY 34 35 _ _ _ _ S89°57'44"E _ 3 2 (BASIS OF BEARING) POB =POINT OF BEGINNING POC =POINT OF COMMENCEMENT POT =POINT OF TERMINATION BEARINGS SHOWN HEREON ARE ASSUMED AND RELATIVE TO THE SOUTH SECTION LINE OF SECTION 35 HAVING A BEARING OF 589'57'44°E _ -SOUTH SECTION LINE WEATHERBEE ROAD (VARIABLE WIDTH RIGHT-OF-WAY) 1 ~-BLOCK 38 2 INDIAN IRIVER ESTATES UNIT 4 PLAT BOOK 10, PAGE 49 w 0 z Q Z Q U m Sheet 2 of 2 SKETCH OF DESCRIPTION OF LICENSE AGREEMENT File: 10-001s&d CULPEPPER ~ TERPENING, INC LA.dwg CONSULTING ENGINEERS I LAND SURVEYORS Date: 4-8-2011 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 PHONE 772-4G4-3537 FAX 772-4G4-9497 Tech: GLM www.ct-eng.com STATE OF FLORIDA CERTIFICATION No. Lli 42SG