HomeMy WebLinkAbout16-042CUTL.03-06/93
This instrument prepared.
under the direction of:
Laurice C. Mayes, Esq.
Legal Description prepared by:.
Louis Cefolia, P.S.M. (05-11-15)
Document prepared by:
Grace K. Abel (05-13-15)
Department of Transportation
Right of inlay Production Services
3400 W. Commercial Boulevard
Ft. Lauderdale, Florida 33309
Parcel No,
12.2.3R
Item/Segment No.
42.41431
Section:
94003-2502
Managing District:
04
S.R. No.
713
County:
St. Lucie
RE SOLUTION A+��`^
ON MOTION of Commissioner a l5� ►Jz0-,.AQ Ys k' -4 - VICe e —01A I P
seconded by Commissioner ""' IV`cc>004-
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. 42414.31, Section: 94003-25.02, 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
uti ity interest, or interests, is for transportation purpose's 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 340.0 W. Commercial Boulevard, Ft. Lauderdale,
Fldrida 33309.
Page 5 -of 6
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 Commissidners of St. Lucie
COUDtVr Florida, at almeeting held on the iS day of
— 1 2 01 (,e .
Print Name
:
�Clezk, Board of County
Commissioners
St. Lucie County? Florida
Page 6 of 6
2 3-UTL . 02- 0:6`/ 93
This instrument prepa.
under the direction o
Laur.ice C. Mayes, Esq. _
Legal Description prepared by:
Louis Cefolia, P.S.M. (05-li-15)
Document prepared by:
Grace K. Abel (05-13-15)
Department of Transportation
Right of Way Production Services
3400 W. Commercial Boulevard
Ft. Lauderdale, Florida 33309
Parcel No.
122.3R
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'�2c 1� ,
201 by and between the STATE OF FLORIDA DEPARTMENT Or
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 '_ands 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.:
COIUNTY subordinates to the interest of FDOt its successors and
assigns, any and all of its interest in the Lands as follows, viz:
Parcel No. 122
Item/Segment No. 4241431
Section: 94003-2502
A portion 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 and 10 of the Florida ,Department of Transportation Right
of Way Map for Stem/Segment No, 4241431, Section 94003-2502, being
more particularly described as follows:
(Continue on the next page)
Page 1 of 6
Commence at a r ' ailroad spike, found marring 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 89,'46'52" 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 111.13 feet,
thence North 00'13'08" East along a line
e at a right angle to the
previously described course, a distance of 65.00 feet to the
intersection of the Easterly Existing Right Of may line of State Road
713 (Kings Highway) and the Northerly Existing Right of Way line of
County Road 614 (Indrio Road) and the POINT OF BEGINNING; thence
North 00'19'56" East along said Easterly Existing Right of Way line of
State Road. 713 (Kings Highway), a distance of 67.05 feet; thence
South 44'43128" East-, a distance of 43.86 feet; thence
South 89'46'52" East-, a distance of 278,.11 feet;, thence
South 44'45123" East, a distance of 15.24 feet;. thence
South 00013'08" West, a distance of 2.5.22 feet to said Northerly
Existing Right of Way line of County Road 614 (Indrio Road); thence
North 89*46'52" West along said Northerly Existing Right of Way line
of County Road 614 (Indrio Road), a distance of 320.00 feet to the
POINT OF BEGINNING,
Containing 1.1,943 square feet, more or less.
RECORDED
FIN�ST�RUMENYr
DATE
FROM
TO
0. R. ' B. &
PAGE
I
Easement
11/21/81
Kings/Indrio.
Holiday Pines
0738/2993
Properties
Service
Corporation
Assignment
07/08/99
Holiday Pines
St. Lucie
1235/1534
of Rights
Service Corp., a
Coi.;nty, Florida,
Under
Florida
a political
Easements
corporation
subdivision o4
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
-Lion 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 I .
Page 2 of 6
2. Not withstanding any provisions set forth herein, the terms of
the utility permitsshallsupersede any contrary provisions, with
the excention 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 tight 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 a:nd'tQ
indemnify the. FDOT against any loss or damage resultingkrom 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:
140%
Print Name: 1,
STATE OF FLORIDA
COUNTY OF BROWARD
STATE OF FLORIDA DEPARTNIENT
OF TRANS 0
RTATION
Print"14ame:/GER�(YREILY
Title: District Secretary
for District IV
.Attorney approv s to form:
Name: DAWN RADUANO
The f7jegoing instrument w acknowledged before me this
day of il W ON 201p , by GERRY O'REILLY, District
Secretary for District IV, who' is personally kQ,own to -me or who has-,
produced as identification.
N Z'- PHILIPPA SAMUEL WELLS-HARAISOP4
Print Name: MISSION #FF106194
Notary Public in and f EXPIRE&JUL 23,2018
County and State last aa4th,aV9hl;;Stateinsvance
My Commission Expires:
Serial No., if any:
Page 3 of 5
IN WITNESS WHEREOF, the County has -caused these preqe;its to be
executed in its name by its Board of County Commissioners ac&
the day and, year aforesaid..
ATTEST:
Print Name:
Clerk (or Deputy Clerk)
STATE OF FLORIDA
COUNTY OF ST. LUC1
ST. LUCIE COUNTY
By Its Board of County
Commissioners
BY:
P'rint Name:,
The foregoing instrument Was acknowledged b fore me this
day of -, y 'r
201 me - 6 h it5'tt-
who is personally known to mE�or who has
produced as identification.
JOANN MARIELEY
Commission,# EE 848774 P t Name:
Expires December 4, 2016 Notary Public in and fore the
Banded Ifn Tray Fain kwoxka MMS -701D. County and State last aforesaid.
My Commission Expires.:
Serial No., if any,:.
APPROVED AS TO FORK
AND CORRECTNESS
COUNTYATTORNEY
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