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Home My WebLink About16-042AUTL_03-06/93 This instrument prepared under the direction of: Dawn Raduano, Esq. Legal Description prepared by: Louis Cefolia, P.,S.M. (02-14-14) Document prepared by: Grace X. Abel (06-02-14) Department of Transportation 3,400 W. Commercial -Boulevard Ft. Lauderdale, Florida 33309 Parcel No. 104.8' Item/Segment No. 4241431 Section: 94903-2502 Managing District: 04 S.R. No. 713 County: St. Lucie R E S 0 L U T 1, 0 N �- 1X C I (Z- 44 a A rA ON MOTION of Commissioner seconded by Commissioner d KA C' W the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct, or improve State Road No. 713. (Kings Hi2hwav) . Item/Segment No. 4241431, Section: 94003-2502, 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 34,00 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309,. STATE OF FLORIDA COUNTY OF ST. LUCRE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of County Commissioners of St. LuC4e County, Florida, at a meeting held on the 1�5 day of 201 Print Name: 1'4tClerk, Board of County Commissioners St. Lucie County, Florida. 23-UTL.02-06/93 This instrument prepared under the directiorof: -4 Dawn Raduano, Esq. Legal Description prepared by: Louis Cefo.lia, P.S.M. (02-14-14) Document prepared by: Grace K. Abel (06-02-14) Department of Transportation 3400 W. Commercial Boulevard. Ft. Lauderdale, Florida 333.09 Parcel No. 104.8 Item/Segment No. 4241431 Section: 94003-2502 Managing District: 04 S.R. No. 713 County: St. Lucie SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT entered into this day of 2=01 1p , by and between the; STATE. OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and ST. LU'CIE COUNTY, a political subdiaision,of the State of Florida hereinafter called the COUNTY. W I T' WE S S E T H.- WFEREAS, 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 subordina.tes.to the interest of FDOT its successors and assigns, any and all. of its interest in the lands as follows, viz: Parcel No. 104 Item/.Searrent No. 4241431 Section: 94003-2502 Portions of the Northwest One -Quarter (NW 1/4) of Section 13, Township 34 South, Range 39 East; St. Lucie County, Florida, as shown on Sheets 5, 6, and 10 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4241431, Section 94003-2502, being more, particularly described as follows: (Continue on the next page) Commence at a railroad spike, found marking the West one; -Quarter (W 1/4) Corner of said Section 13, also being a point on the Baseline of Survey of State Road 614 (Indrio Road); thence South 89046'52" East along the South line of the Northwest One -Quarter (NW 1/4) of said Section 13 and said Baseline of Survey, a distance of 606.51 feet; thence North 00'13108" East along a line at a right angle to, the previously described course, a distance of 65.00 feet to the Northerly Existing Right of Way line of' County Road 614 (Indrio Road) and the POINT OF BEGINNING; thence North 89046152" West along said Northerly Existing Right of Way line of County Road 614 (Indrio Road), a distance of 175.38 feet; thence North 00'°13"0'8" East, a di'stance of 25.22 feet.; thence North 44*45'23" West, a distance of 15.24 feet; ,thence South 72'46137" East, a distance of 1,08.17 feet; thence South 86*45'35" East to said Northerly Existing Right of Way line of County Road 614 (Indrio Road), a distance of 82.82 feet to the POINT OF BEGINNING. Containing 1,939 square feet, more or less. AND Commence at a railroad spike, found marking the West Ofte-Quarter (W 1/4) corner of said Section 13, said corner, a point on the Baseline of Survey of State -Road 614 (Indrio Road); thence South 89046'52" East along the South line of the Northwest One -Quarter (NW 1/4) of said Section 1--3 and said Baseline of Survey; a distance of 717.73 feet; thence North 00'13.O£3" East along a line at a right angle to the previously reviously described course, a distance of 65.00 feet to the Northerly Existing Right of Way line of County Road 614 (Indrio Road) and the POINT OF BEGINNING; thence North 00*13108" East, a distance of 3.50, feet; thence South 89'46152" East, a distance of 50.00 feet; thence South 8,6'36'05" East, a distance of 63.10 feet to said Northerly Existing Right of Way line of County Road 614 (Indrio Road); thence North,89'4G'52" West along'said Northerly Existing Right of Way line of County Road 614 (Indrio Road), a distance of 113.00 fee -t to the POINT OF BEGINNING. Containing 285 square feet, more or less. All together containing 2,224 square feet, more or less. l "a gale) INSTRUMENT DATE FROM, TO O.R.B.& PAGE Easement 11/21/81 Kings/Indrio Holiday Pines 0738/2593 Properties $e 'rvice Corporation Assignment 07/08/99 Holidav Pines at. Lucie 1235/i534 of Rights Service Corp., a County, Florida, Under Florida a political Easements corporation subdivision of the State of Florida PROVIDED that the COUNTY has the following rights: i. 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, ad -just, 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 post 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 I 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 ted this,agreement on the day and -year first above written. -Signed, sealed and delivered in the presence of witnesses; Print Name: Print Name,: I ks STATE OF FLORIDA STATE OFFLORIDA-DEPARTMENT OF TRANSPORTATION, B . y:_ Print Na e; Title: Distr"i.ct Secret. ry for District -IV Attorney approved as to formi DAWN.RADUANO COUNTY OF BROWARD n The foregoLn instrument. was acknowledged before me this day of 2010, by Secretary for District IV, who is per,sona produced me ' or who*has as identification. Print Name.: Notary Public County and Sta My Commission Serial NO., if IN WITNESS.WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners the day and year aforesaid. ATTEST: Print Name: IClerk (or Deputy STATE OF FLORIDA COUNTY OF ST. LUCIA; ST. LUCIE COUNTY By Its,Board of County Commissioner BY: Z() -i Q-KqJ'&MAU -- Print Name: o'l 0'1l n i-, ;4e-+1dT'v The fore ininstrument was acknowled5 - %0g,ge�before me this day of NkaA�C/k 201(, , by C� , . ga�LQr (, who is personally known to me or who has produced as identification. 774 JOANNIMARIE RILEY �T�- Comm;ssicn # EE 848774 W Expires December 4,2016 Snr,�� 7riu 'my NO lo5var,0.0 0�385-701 R J t Name: Aj,� Mrx-r i e, P�Il Notary Public in and forthe County and State last aforesaid. My Coiwiiss.ion Expires: Serial No., if any: APPROVED AS TO FORM AND CORRECTNESS COUNTYATTORNSY