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HomeMy WebLinkAbout14-013JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3924475 02/12/2014 at 02:46 PM OR BOOK 3603 PAGE 1589 - 1589 Doc Type: RESO RECORDING: $10.00 UTL.03-06/93 This instrument prepared under the direction of: Dawn Raduano, Esq. Legal Description prepared by: Pete Diaz, P.S.M. (03-26-13) Document prepared by: Grace K. Abel (09-30-13) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. Item/Segment No. Section: Managing District: C.R. No. County: R E S O L D T I O N 2014-13 144.2 2314402 94530-2510 04 712 St. Lucie ON MOTION of Commissioner Chris Dzadovsky seconded by Commissioner Kim o son the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve County Road No. 712 (Midway Road), Item/Segment No. 2314402, Section: 94530-2510, in St. Lucie County, Florida; and WHEREAS, it is necessary that certain easement rights now owned by the St. Lucie County, Florida, be used temporarily by the State of Florida Department of Transportation; and WHEREAS, said use is in the best interest of the County; and WHEREAS, the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest, or interests, in favor of the State of Florida, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that the application of the State of Florida Department of Transportation for subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation, in St. Lucie County, Florida, should be drawn and executed by this Board of County Commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309. STATE OF FLORIDA COUNTY OF ST. LUCIE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of County Commissioners of St. Lucie County, Florida, a meeting held on the day of ///''''~J~ 2014' ~~ ~~; :~~~ :e.. `,r ji.~ I' r'~ -> at Clerk, Board of County" Commissioners St. Lucie County, Florida JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3924476 02/12/2014 at 02:46 PM OR BOOK 3603 PAGE 1590 - 1593 Doc Type: SUB RECORDING: $35.50 23-UTL.02-06/93 This instrument prepared under the direction of: Dawn Raduano, Esq. Legal Description prepared by: Pete Diaz, P.S.M. (03-26-13) Document prepared by: Grace K. Abel (09-30-13) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. Item/Segment No. Section: Managing District: C.R. No. County: 144.2 2314402 94530-2510 04 712 St. Lucie SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT entered into this 4 day of February , 2014 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and ST. LUCIE COUNTY, a political subdivision of the State of Florida hereinafter called the COUNTY. W I T N E S S E T A: 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. 144 Item/Segment No. 2314402 Section: 94530-2510 A portion of Section 3, Township 36 South, Range 40 East, St. Lucie County, Florida, being more particularly described as follows: Commence at a found pk nail with disk stamped "R.W. HERR PLS 4907" marking the west one-quarter (W. 1/4) corner of said Section 3; thence North 00°11'02" West, 88.16 feet along the west line of the Northwest one-quarter (N.w. 1/4) of said Section 3 to the north existing right (Continue on the next page) of way line of County Road 712 (Midway Road) and the east existing right of way line of County Road 605 (Oleander Avenue) as shown on the Florida Department of Transportation Right of Way Map for Item/Segment No. 2314402, Section 94530-2510; thence South 89°42'45" East, 441.26 feet along said north existing right of way line of County Road 712 (Midway Road) to the POINT OF BEGINNING; thence North 00°13'20" West, 9.75 feet; thence South 89°42'45" East, 208.71 feet; thence South 00°13'20" East, 9.75 feet to said north existing right of way line of County Road 712 (Midway Road); thence North 89°42'45" West along said north existing right of way line, a distance of 208.71 feet to the POINT OF BEGINNING. Containing 2,035 square feet, more or less. RECORDED INSTRUMENT DATE FROM TO O.R.B.& PAGE Utility 10/30/91 Robert A. Kelly St. Lucie 0761/1908 Easement and Julie R. County, a Kelly, his wife political subdivision of 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. 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 in the presence of witnesses: Print Name: Print Name: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Print Name: JAMES A. WOLFS Title: District Secretar for District IV Attorney approved as to form: Name: DAWN RADUANO STATE OF FLORIDA COUNTY OF BROWARD The day of _ Secretar produced foregoing instrument was acknowledged before me this 201 by JAMES A. WOLFS, District for District IV, who is personally known to me or who has as identification. Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the ~ Ch~>~ of said Board, the day and year aforesaid. A7 Pi C] ST. LUCIE COUNTY By Its Board of County Commissioners Y Print Name: Frannie Hutchinson COUNTY OF ST. LUCIE The foregoing instrument day of F~~rI' 2014 who is produced „~,,, •~'tls:K~,, JOANN MARIE RIL ~'~..= Commission # EE 848774 ~: Expires December 4, 2016 4~ ~~~ ~ Baded TMu TmyFan Insrcance800-385701! ~, 4 fa~_ r1,,,~ z~ P~nJt Name Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: APPRiOVED AS TO was acknowledged before me this 4 _, by Frainnie Hutchinson , personally known to me or who has as identification. couNTYn STATE OF FLORIDA JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3924477 02/12/2014 al 02:46 PM OR BOOK 3603 PAGE 1594 - 1597 Doc Type: SUB RECORDING: $35.50 23-UTL.02-06/93 This instrument prepared under the direction of: Dawn Raduano, Esq. Legal Description prepared by: Pete Diaz, P.S.M. (03-26-13) Document prepared by: Grace K. Abel (09-30-13) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. Item/Segment No. Section: Managing District C.R. No. County: 154.3 2314402 94530-2510 04 712 St. Lucie SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT entered into this 4 day of Fehnlarv , 201q by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and ST. LUCIE COUNTY, 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. 154 Item/Segment No. 2314402 Section: 94530-2510 A portion of Section 3, Township 36 South, Range 40 East, St. Lucie County, Florida, being more particularly described as follows: Commence at a found pk nail with disk stamped "R.W. HERR PLS 4907" marking the west one-quarter (W. 1/4) corner of said Section 3; thence North 00°11'02" West, 48.16 feet along the west line of the northwest (Continue on the next page) one-quarter (N.W. 1/4) of said Section 3 to a point on the Baseline of Survey of County Road 712 (Midway Road) as shown on the Florida Department of Transportation Right of Way Map for Item/Segment No. 2314402, Section 94530-2510; thence South 89°42'45" East, 1,553.39 feet along said Baseline of Survey; thence North 00°17'15" East, 40.00 feet along a line at a right angle to the last described course to the north existing right of way line of said County Road 712 (Midway Road) and the POINT OF BEGINNING; thence North 00°17'15" East, 15.50 feet; thence South 89°40'58" East, 85.00 feet; thence South 00°17'15" West, 15.45 feet to said north existing right of way line of County Road 712 (Midway Road); thence North 89°42'45" West, 85.00 feet along said north existing right of way line to the POINT OF BEGINNING. Containing 1,315 square feet, more or less. RECORDED INSTRUMENT DATE FROM TO O.R.B.& PAGE Utility 08/29/91 Ellis Reed St. Lucie 0753/2063 Easement Turley County, a political subdivision of 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. 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 in the presence of witnesses: Print Name: Print Name: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Print Name: JAMES A. WOLFE Title: District Secretar for District IV Attorney approved as to form: STATE OF FLORIDA COUNTY OF BROWARD The day of _ Secretar produced foregoing instrument was acknowledged before me this 201 by JAMES A. WOLFE, District for District IV, who is personally known to me or who has ___ as identification. Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Name: DAWN RADUANO IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the - Choi' of said Board, the day and year aforesaid. n ATTESZ Print Clerk STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument day o f FebruazY 2 014 ' who is produced ~~:~Y:%~9~-.: JOANN t•~~.RIE RILEY :,:`. Comm''+.ssicr~ # EE 848774 ~~ ~a' Expires Geeember 4, 2016 ~'~~„PF~a:~~ BondsdThruTroyFainlnsurance800-J85-1019 Prrht Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: APPROVED AS TO FORM ,L ST. LUCIE COUNTY By Its Board of County Commissioners BY ~ Chair Print Name• Frannie Hutchinson was acknowledged before me this 4 _, by Frainnie Hutchinson , personally known to me or who has as identification. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3924478 02/12/2014 at 02:46 PM OR BOOK 3603 PAGE 1598 - 1601 Doc TYPe: SUB RECORDING: $35.50 23-UTL.02-06/93 This instrument prepared under the direction of: Dawn Raduano, Esq. Legal Description prepared by: Pete Diaz, P.S.M. (03-26-13) Document prepared by: Grace K. Abel (09-30-13) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. Item/Segment No. Section: Managing District: C.R. No. County: 153.3 2314402 94530-2510 04 712 St. Lucie SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT entered into this 4 day of FPhrh~arv , 2014 by and between the STATE OF FLORIDA DEPARTMENT OF____ TRANSPORTATION, hereinafter called the FDOT, and ST. LUCIE COUNTY, 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. 153 Item/Segment No. 2314402 Section: 94530-2510 A portion of Section 3, Township 36 South, Range 40 East, St. Lucie County, Florida, being more particularly described as follows: Commence at a found pk nail with disk stamped ~~R.W. HERR PLS 4907" marking the west one-quarter (W. 1/4) corner of said Section 3; thence North 00°11'02" West, 48.16 feet along the west line of the northwest (Continue on the next page) one-quarter (N.W. 1/4) of said Section 3 to the Baseline of Survey of County Road 712 (Midway Road) as shown on the Florida Department of Transportation Right of Way Map for Item/Segment No. 2314402, Section 94530-2510; thence South 89°42'45" East, 1,308.27 feet along said Baseline of Survey; thence North 00°17'15" East, 40.00 feet along a line at a right angle to the last described course to the north existing right of way line of said County Road 712 (Midway Road) and the POINT OF BEGINNING; thence North 00°17'15" East, 15.05 feet; thence North 89°00'38" East, 25.24 feet; thence South 89°40'58" East, 219.89 feet; thence South 00°17'15" West, 15.50 feet to said north existing right of way line of County Road 712 (Midway Road); thence North 89°42'45" West, 245.13 feet along said north existing right of way line to the POINT OF BEGINNING. Containing 3,807 square feet, more or less. RECORDED INSTRUMENT DATE FROM TO O.R.B.& PAGE Utility 10/30/91 Harmon Morgan, St. Lucie 0761/1911 Easement Theresa Bass County, a and Kenneth political Bass subdivision of 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. 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 in the presence of witnesses: Print Name: Print Name: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Print Name: JAMES A. WOLFE Title: District Secretar for District IV Attorney approved as to form: STATE OF FLORIDA COUNTY OF BROWARD The foregoing day of Secretary for Dist produced Name: DAWN RADUANO instrument was acknowledged before me this 201 by JAMES A. WOLFE, District ict IV, who is personally known to me or who has as identification. Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the - Ch~~ of said Board, the day and year aforesaid. ATTEST: Print N Clerk STATE O COUNTY OF ST. LUCTF The foregoing instrument day of F~~Y 2014_ who is produced ;,~;~'::~;.• JOAN~~: " iE RILEY .,`• «~ Camms !~;~ ~ EE 848774 ~a Expires Cecerr~ber 4, 2016 '•'1~„F,F ~°~`•` Borded ThN TroyFan Insurance 600-3857079 ~~ ~La,,;~. ~ Pr~-ht Name Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: APPROVED AS TO FORM AN/ CORRECTNE 6~ COUNTYATTO E ST. LUCIE COUNTY By Its Board of County Commissioners BSI Chair Print Name: Frannie Hutchinson was acknowledged before me this 4 _, by Frainnie Hutchinson , personally known_to me or who has as identification.