HomeMy WebLinkAbout16-042DUTL.03-06/93
This instrument prepared
under the direction of:
Dawn Raduano, Esq.
Legal Description prepared by:
Louis Cefolia, P.S.M. (0.8-26-15).
Document prepared by:
Grace K. Abel (08-26-1.5)
Department of Transportation
Right of Way Production Services
3400 W. Commercial Boulevard
Ft. Lauderdale, Florida 33309
Parcel No.
I23.28
Item/Segment No.
4241431
Section:
94003-2502
Managing District:
04
S.R. No.
713
County:
St. Lucie
R E S 0 L U T 1 0 N 2 (D 16 - 4 t>
ON MOTION Of Commissioner I
seconded: by Commissioner
the following Resolution was adopted:
WHEREAS;, the State of Florida Department of Transportation
proposes to COnStzuct or improve State Road No. 713 {Kings
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 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 f
or transportation purposes which
are ;n 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
he forwarded forthwith to the State of Florida Department of
Transportation at 34000. Commercial Boulevard, Ft. Lauderdale,
Florida 33309.
Page 6 of 7
STATE OF FLORIDA
COUNTY OF ST. LUCIE
I HEREBY CERT--IFY that the foregoing is a true copy of a
Resolution adopted by the Board of County Commissioners of St. Lucie
County, Florida, at a meeting held on the day of
6 -
Print Name:,
k-0- D Clerk, Board of county
commissioners
St. Lucie County, Florida
Page 7 of 7
23-:UTL.02-06/93
This instrument prepared
under the directionf f
Dawn Raduano, Esq.
Legal Description prepared by:
,Louis Cefolia, P.S.m. (08-26-15)
Document prepared by:
Grace K. Abel (08-26-15)
Department of Transportation
Right of Way Production Services
3400 W. Commercial Boulevard
Ft. Lauderdale, Florida 3330:9
Parcel No'.
123.2R
Item/Segment No.
4241431
Section:
0,4003-2502
Managing District:
04
S.R. No.
713
County:
St. Lucie
SUBORDINATION OF COUNTY UTILITY INTERESTS
THIS AGREEMENT entered into this 1,, _ day of ,
201 ,_, 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 R:
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. 123
Item/Segment No. 42414°31
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 Sheet 6 of the Florida Department of Transportation Right of way
Map for IteTi/Segment No. 4241433., Section 94003-2502, being :more
Particularly described as follows:
(Continue or the next page)
Page 1 of
Commence all 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 North 00019'56" East
along the West line of said Northwest One -Quarter (NW 1/4) of Section
13, a distance of 1,328 - .82 feet to the northwest Corner of the
Southwest One -Quarter (SW 1/4) of the Northwest One -Quarter (NW 1/4)
of said Section 13; thence.Sbuth 89'49129" East along the North line
of said Southwest One -Quarter (SW 1/4) of the Northwest One -Quarter
(NW 1/4) of Section 13, a distance of 61.00 feet to the POINT OF
BEGINNING and a point on the Easterly Existing Right of Way line of
State Road 713 (Kings Highway Extension); thence South 00'19'5.6" West
along said Easterly Existing Right of Way line of State Road '713,
(Kings Highway Extension), a distance of 341.01 feet to the
intersection of said Easterly Existing Right of Way line of State Road
713 (Kings Highway Extension) and the Westerly Existing Right' of Way
line of State Road 713 (Turnpike Feeder Road) and the beginning of a
non -tangent curve concave Southeasterly, having a chord bearing of
North 22'09'30" East; thence Northeasterly along the -arc of said.curve
and said Westerly Existing Right of Way line of State Road 713
(Turnpike Feeder Road), having a radius of 1,959.86 feet, through a
central angle of 10'46'01", an arc distance of 368.29 feet to the end
of said curve; thence North 89'49'29" West along the North line of
said Southwest One -Quarter (SW 1/4) of the Northwest One -Quarter (NW
1/4) of Section 13, a distance of 136,73 feet to the POINT OF
BEGINNING.
Containing 21,193 Square feet, more or less,
RECORDED
INSTRUMENT
FINSTRUMENT
DATE
-
FROM
TO
OIR.B.&
PAGE
as ement
03/09/50
May E. Cross
Holiday Pines
08D7/2859
-Service
Corporation
Assignment
07/Q8/99
Holiday Pines
St. Lucie
123,5/1534
of Ri(ght3
Service Corp.,County,
Florida,
Under
a Florida
a political
Easements
corporation
subdivision of
the State of
....
. .....
Florida
Page 2 of 7
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 ' -facili4t'n
facilities o,
within, and upon the lands described herein in accordance with
the FDOT'S current minimum st ' andards 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,
p � 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 appropr4ate 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,
The COUNTY agrees to repair any damage to FDOT facilities and to
indernnify the FDOT against any loss or damage resulting from,the
COUNTY e ' xercising its rights outlined in Paragraphs'l and 3
above.
IN WITNESS WHEREOF, the FDOT hereto has executed this agreement
on the day and year first above written.
Page 3 of 7
Signed, sealed a ' nd delivered STATE OF FLORIDA DEPARTMENT
in the presence of witnesses: OF TRANSPORTATION
tkp
Print Nae: — GE R�YWRE�ILLY
Print Secretary Titl;e::z DA, 1+
for District IV
LuA
j
Print Name: LS141
Attorney approved as to form:
-
Name � 4 DA(1V
STATE OF FLORIDA
COUNTY OF BROWARD
The f regainf instrument was acknowledged before me this
day of 201 by GERRY-O'REILLY, District
SecretLry. for District TV, whc is personally knox to me or who has
produced as identification.
Print Name: PPILIPPASAIAIFJ VuT11P•WaPRISof,,
Notary Public 1r aft WycDOMMIZON #FF106194
County and Stt�Si3,.2018
My
Commission
Serial No.,.i-
Page 4 of 7
IN WITNESS 11HEREOF, the County has caused these presents to be
executed in its name by its Board of County Commissioners
t-� �-- the day and year aforesaid.
ATTEST: (yNa�� -. ST. LUCIE COUNTY
By its Board of Countv
Print Name Commissioners
Clerk 9'y Clerk} A
STATE OF FLORIDA
COUNTY OF ST.: LUC'
w�
Print Name: jK
The foregoing instrument was a knowdged before me this )S+k
� �� f
day ofM201 by
who is personally known to me or who has
'Produced as identification.
- Tk
in e -
-�Ac4
int Name: _j 0
Y, JOANN MANE RILEY
Notary Public in and for the
COMM;Ssion # EE 848774
County and state last aforesaid.
EXPIres December 4, 2016
80.1�ed Tftl Troy�f�o J�w^o SM my Commission Expires:
m2md Serial No., if, any;
AS TO FORM
AND CORRECTNESS
COUN ORNEY
k -S
Page 5 of 7