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Home My WebLink About16-042BUTL.03-06/93 This instrument prepared under the direction of: Damn Raduano, Esq. Legal Description prepared by: Louis Cefolia, P.S.M. (02-14-14), Document prepared by: Grace K. Abel 106-02-14) Department of Transportation 31400 W. Commorcial.Boulevard Ft. Lauderdale, Florida 33309 Parcel No. 110.3 Item/Segment No. 4241431 Section:, 94003-2502 Managing District: 04 S.R. No. 713 County: St. Lucie RE SOLUTION ON MOTION of Commissioner seconded by Commissioner 1 O!ft tVj W (,-- 9 - the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 713 (Kings Highway), 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 I 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 tility 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 Re'solution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 3,3309. 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 Count Florida, at a meeting held on the If day cf 'X -Tl r t 201 e_, Print, Name: n Clerk Board of County Commissioners St. Lucie County, Florida 23-.UTL.02-06/93 This instrument prepared under the direct io<. —of -11-1 Dawn Raduano, Esq. '*& !. Legal Description prepared by: Louis Cefolia, P.S.M. (02-14-14) Document prepared by: Grace K. Abell (06-02-14) ..... . ............. Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel,No. 104.8 Item/Segment No. 4241431 Section., 94003-2502 Managing District: 04 S.R. No. 713 Countv: St. Lucie SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT entered into this t I day of Q�N� 2011 to , by and between the, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and ST. LUCIE COUNTY, 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 tnese lands for highwav 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. 104 Item/Segment No. 4241431 Section: 94003-2.502, 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/Segme'nt No, 4241431, Section 94003-2502, being more particularly described as follows: (Continue: ora the next page) 23-UTL-02-06/93- This instrument prepa under the direction Dawn Raduano, Esq, /I Legal Description prepar-ed,by: Louis Cefolia, P.S.M. (02-14-14) Document prepared by.: Grace X. Abel (:06-0,2-14) Department Of Transportation -3400 W. Commercial Boulevard Ft. Lauderdale, Florida 3330.9 Parcel No. 110.3 Item/Segment No. 42 4 14,3 1 Section: 94003-2502, Managing District: 04 S.R. No. 713 Countyi St. Lucie SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT entered into thisday -.�- "(� (), X 6, ) , Z of N 201 (7 , 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 highwqy purposes ; and. WHEREAS,, the proposed use of these lands for highway,purposes w-i'll-require subordination of the interest claimed -in such lands by the COUNTY to the FDOT; and WHEIREASi the FDOT is .willing to pay to have the COUNTY'S facilities relocated if',necessary to Prevent conflic ' t between the facilities so that the benefits of each mav, be retained. NOV, THEREFORE, in. consideration of the. mutual covenants and promises of the parties' hereto, COUNTY and'FD6 T 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. 1.10 Item/Segment No. 4241431 Section- 94003-2502 A portion of the, Northeast One -Quarter (NE 1/4) of Section 14:, Township 34 South, Range 39 East, St. LucieCounty, Florida, as shown on Sheets Z., 5, and 9 of the Florida Department of -Transportation Right of Way Map for Item/Segment No. 4241431, Section 94003-2502, being more particularly described as,follow8: Continue on the next page) Commence at a railroad spike, found marking the East One -Quarter (E 1/4) Corner of said Section 14, also being a point on the Baseline of Survey of State Road 6,14 (Indrio Road); thence North 89'52134" 1 , lest along the South line of the Northeast One -Quarter (NE 1/4) of said Section 14 and said Baseline of Survey of State Road 614 (Indrio Road), a distance of 79.82 feet; thence North 00'07126" East along a line at a right angle to the previously described course, a distance of 50.00 feet to the intersection of the Northerly Existing Right of Way'!--'ne of said State Road 614 (Indrio Road) and the Westerly Existing Right of Way line of the Fort Pierce Farms Water Control District (FPFWCD) Canal No. 4 and the POINT OF BEGINNING; thence North &9*52'34" West along said Northerly Existing Right of Way line of State Road 614 (Indrio Road), a distance of 237.65 feet to the Southeast corner of Lot 1, Block 4 of LAKEWOOD PARK UNIT NO. 1, according to the plat thereof, as recorded in Plat Book 10, Page 51 of the Public Records of St. Lucie County, Florida; thence North 0'0'18127" East along the East line of said Tot 1, a distance of 60.00 feet; thence South 89o52'34" East, a distance of 232.50 feet; thence North 45'25'52" East, a distance of 35.55 feet to the Westerly Existing Right of Way line of FPFWCD Canal No. 4; thence South 00*19'56" ',%Test along said Westerly Existing Right of Way line of the FPFWCD Canal No. 4, a distance of 85.00 feet to the POINT OF BEGINNING. Containing 1.5,775 square feet, more or less. RECORDED INSTRUMENT DATE 7 FROM TO 0. R. P. & PAGE Grant of 03/22/95 The Estate of Holiday Pines 09*73/1927 Easement Joseph G. Berlin, Service deceased Corporation Assignment 07/08/99 Holiday Pines St. Lucie 1235/1534 of Rights Service Corp., a County, Florida,, Under Florida a political Easerrients corporation 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 locate 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 reloca ' te 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. Not Withstanding any provision -s: 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 uponthe lands, described herein for the purposes outl'inedlin,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't6 indemnify' the FQOT against any loss or damage resulting from the COUNTY exercising its rights, -outlined in Paragraphs 1 and 3 above. IN WITNESS WHEREOF, the FDOT herreto.has-ex,ecuted this agreement on the day and, year first above written. Zignedj sealed and delivered 'in the presence of witnesses. 4��A Print Name-Al—a Print Name: W, ksul STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIQN Bly: Print N171P Title: District Sec-etariv for District IV Attorn'ey,appr6ved as to form,: ame DAWN RADUAt�� STATE OF FLORIDR COUNTY OF.BROWARD The,ff, regoing instrument 'was acknowledged before: me this day of 201j(_, by 4AMRS—AT--wGLF� District Secretary"e . ffor District IV, who is personall k ho has produced as identification. -f Print- Name. PN I IP.PASAMUEL WELLS44RRISON rtn Nptarv- Publi—cin ��'TolmytbMIISSIDN #FF106194 County and State 1` 23,2018 My Commission-Explm'. Banded through 1st State Insurance Serial 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.:15c-- Clerk (or Deputy Clerk) STATE,OF FLORIDA COUNTY OF ST. LUCI ST. LUCIE COUNTY By Its Board of County Commissioners BY: Print Name: 001.1 lb Q- kt--M-d70-r* The foregoing instrumentwasacknow edged b fare me this 154-k day of tjj 201(p , by �u N%� who.is personally known to.me or who,has produced as identificatiob. ME RILEY 'A','i�- JOAM MARIE RILEY EE84&774 co, emission # EE m 'q L&�I(es D:ecember 4, 2016 T, E;.Y,4 1�,u T, -y -'Zilt Name: - �Aj.,4 Mt-vfeell% . Lj Notary Public in and for the County and State last aforesaid, My Commission Expires: Serial No,, if any: APPROVED AS TO FOPM AND COMECTNESS pv� COUN ATTORNEY