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HomeMy WebLinkAbout20-171 23-.03-07/18 (mod 08-11-20 for DE) Modified for Donation Parcels This instrument prepared under the direction of: Elizabeth S.Quintana,Esy. District Four Assistant General Counsel Legal Description prepared by: Thomas P.Kiernan.P.S.M. (02-17-2020) Culpepper&Terpening Inc Parcel No. 181.3 Document prepared by: Item/Segment No. 4413231 Diana Helmer(08-19-2020) Section: 94504-2605 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R.No. 615 (South 25th Street) 3400 W. Commercial Boulevard County: St.Lucie Fort Lauderdale,Florida 33309 RESOLUTION No. 2020-171 ON MOTION of Commissioner Dzadovsky , seconded by County Commissioner Hutchinson ,the following Resolution was adopted: WHEREAS, BDG EDWARDS, LLC, a Florida limited liability company is the owner of property which lies adjacent to State Road No.SR 615(South 25th Street),Section 94504-2605,in St.Lucie County, Florida and said property owner has applied to the State of Florida Department of Transportation for a permit associated with the property. WHEREAS, as a condition of the issuance of said permit the State of Florida Department of Transportation requires said owner to donate property for Right of Way purposes;and, WHEREAS, it is necessary that certain Permanent Drainage Easement rights now owned by ST. LUCIE County,Florida,be subordinated to the rights of 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 perpetual drainage easement 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 perpetual drainage easement interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare;that a subordination of perpetual drainage easement 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. Page 3 of 6 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, Fort 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 at a meeting held on the 15th day of September , 20 20 . �'1"Print Name: 50(" Clerk �/ Board of County Commissioners St.Lucie County,Florida 0#1 i CO1I 3- fA ,r q m b: ` 1 • 4704, FLORO' Page 4 of 6 LEGAL DESCRIPTION Being a portion of Section 21, Township 35 South, Range 40 East, St. Lucie County, Florida. more particularly described as follows: Commence at the Southwest corner of aforementioned Section 21; thence North 00'06'35" West, along the West line of Section 21, a distance of 217.86 feet; thence North 89'53.25" East. a distance of 50.0' feet to the POINT OF BEGINNING of the following described parcel; Thence North 00'06'35" West, o distance of 121.76 feet; thence North 89'53'25" Eost. a distance of 3.63 feet; thence South 00'06'35" East, a distance of 121.76 feet; thence South 89'53.25" West, a distance of 3.63 feet to the POINT OF BEGINNING. Containing 442 square feet, more or less. NOTE: THIS IS NOT A SKETCH OF SJRYEY, BUT ONLY A GRAPHIC DEPICTICN OF THE OESCRIPT1CN SHOWN HEREON. THERE HAS BEEN NO nELO WORK.VIEWI G OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECIIOW WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: THIS DOCUMENT WAS PREPARED WITH THE BENEFIT OF THE OPINION OF TITLE PREPARED BY Preston 0. Cockay, Jr.. P.A. DATED February 17, 2020. Dry*pee oyTno«oip O30C 20 20103.10 115046 oroo' "(NOVAS P.KI13014l) CATE PeNadonel Surveys &4grpr Neil*GrtMkem 144. 6199 RCMSTOR 11TIC l.4B1L f ACC AOOI TIMM_tA8LS 0.1 OS-07-292a ktN9d+: RCII'SD LEGAL ACO Dill NOTE!EA3pEvers.W 03-09-2020 e074 1 01 2 CULPEPPER & SIDEWALK • TERPENING INC DEDICATION ' 7063 SOUTH 2Am STREET•tofu PIERCE moo OA 34w1T DESCRIPTION .. P4 NE 772.4.7.4.3637•FAX 2na .u,64Ae91 •vw,. n„y.oarl dae uo: 17-I47 wa.e.....ni SuIE:T+/A ;TAM Of FiOR1OA•OARO Of IROFE O0M VAI. ■NOIsif RO AUTN000Al1ON MO.F:lf ORARN OT:GER OATZ 1-23-2020 Page 5 of 6 SKETCH TO ACCOMPANY LEGAL DESCRIPTION 1HIS IS NOT A SURVEY 1 • • • N89-53'25"E I ---'—'1r3.63' I I M 1 08 . 8LAI8N0 BASS I F =��-20`MANAGE EASEMENT PER (/� O.R.B. IOtt.PAGE 1683. POD •POPOT OF BECRINING • n i MD O.R.8. 3T20. PAGE 1486 PCC w POINT Cr OOMMENCEuENT I IS I P s PROITSSONAL LAND SCR f'4CR < : N.1V N & t N r BEARINGS SHOWN HEREON ARE I U M RELATIVE TO THE WEST UNE OF 11iX �.� m SECTION 21 HAVING A BEARING OF .1. a o 'tab N00TJ6'35'W . z C PI 0 80G EDWARDS LLC In PARCEL ID: iM 2421-333-0001-000-9 S) i• P08 Il N89'S3'25 E fl� 50.01 r i 13 �58953'25"W y 3.63' I j 03 IQ(� ( so' coNvETAl.CE PER 0.R.8. 735. PACE 2278 1N GRAPHIC SCALE I s x o Is w :r I$ r........•In i z POC SOUTHWEST YO , 21 CORNER _.. _ _ S�, CTI ON 21 29 : 78 I Pap 2 of 2 . 1;. WI CULPEPPER & SIDEWALK :' TERPENING INC DEDICATION r 2SA4 sco,n*.111n%Mil.1 •r(711.1.0 in./ r,.crt'r1A VOA. SKETCH OF DESCRIPTION - l+.a.I in 44,4 7S)7 •r&1 711.464.44,0 .wens<1 W....- dd wa n+N>sal r+rflM1 SCAI!<•Y.30' ITAT1 OF I.ORIOA WARD OP rROrIOOIONAL •_ . 1001041018 AVT/IOMIATFON a9O.•?N MAIM 01.61.0 DAW 1-?3-2020 Page 6 of 6 36-SUB.03-07/18 County(mod 08-11-2020 for DE on Donation) This instrument prepared under the direction of: Elizabeth S. Quintana,Esq. /? District Four Assistant General Counsel Legal Description prepared by: Thomas P.Kiernan,P.S.M.(02-17-2020) Culpepper&Terpening Inc Parcel No. 181.3 Document prepared by: Item/Segment No. 4413231 Diana Helmer(08-19-2020) Section: 94504-2605 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R.No. 615 (South 25th Street) 3400 W. Commercial Boulevard County: St.Lucie Fort Lauderdale,Florida 33309 SUBORDINATION AGREEMENT THIS AGREEMENT Made this 15th day of September , 20 20 , by and between ST.LUCIE COUNTY, a political subdivision of the State of Florida called the "COUNTY", and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,hereinafter called"FDOT". WITNESSETH: WHEREAS, the COUNTY is the holder of that certain Drainage Easement as set forth as Exhibit A of that certain Warranty Deed dated April 25, 1991, and recorded in Official Records Book 735, Page 2276; that certain Permanent Drainage Easement dated April 25, 1996, and recorded in Official Records Book 1011,Page 1683;and that certain Amended Permanent Drainage Easement dated February 18,2015, and recorded in Official Records Book 3720, Page 1486 all of the Public Records of St. Lucie County, Florida and, WHEREAS, BDG EDWARDS, LLC, a Florida limited liability company is the owner of property which lies adjacent to State Road No.SR 615(South 25th Street),Section 94504-2605,in St.Lucie County,Florida and said property owner has applied to the State of Florida Department of Transportation for a permit associated with the property. WHEREAS, as a condition of the issuance of said permit the State of Florida Department of Transportation requires said owner to donate property for Right of Way purposes;and, WHEREAS, it is necessary that certain drainage easement rights now owned by St.Lucie County, Florida,be subordinated to the rights of the State of Florida Department of Transportation;and, WHEREAS,said use is in the best interest of the COUNTY; and, NOW THEREFORE,in consideration of the mutual covenants and promises,the COUNTY hereby agrees,covenants,and consents with the FDOT that the aforesaid drainage easements are and shall continue to be subject and subordinate to the property rights of the FDOT insofar as said drainage easements affect the following described property,viz: Page 1 of 6 (More particularly described in the sketch and description attached hereto) Any new construction or relocation of facilities required within the COUNTY's sole discretion, within the lands,will be subject to prior approval by the FDOT,which shall not be unreasonably withheld. The COUNTY shall have a reasonable right to enter upon the lands described herein for the purposes outlined herein,including the right to trim such trees,brush,and growth which might endanger or interfere with such drainage easements, 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 be responsible for any damage or loss,resulting from the COUNTY,its agents or employees exercising those rights stated herein. This subordination agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives,successors and assigns of the parties hereto. IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its board of County Commissioners acting by the Chairperson or Vice-Chairperson of said board,the day and year aforesaid. / Y CQ • ST. LUCIE COUNTY,a political Subdivision :AAA ATTEST: ,� ` / »,. id of the State of Florida Print Name: r,I� .,.. , Clerk(or Deputy C erk) x m APPROV" 0 AS TO FOR tat, ' 4. By: AND C• 'RE TN;Si 'F 'r 1/ . "Y FLa'0-`or Print Name: Cat ownsend /lib Title: Chair COUNTY ATTOR STATE OF FLORID• COUNTY OF ST.LUCIE The foregoing instrument was acknowledged before me by means of x physical presence or online notarization, this 15th day of September , 20 20 , by Cathy Townsend , as Chair on behalf of ST. LUCIE COUNTY, a political subdivision of the State of Florida, who is personally known to me or who has produced as identification. �1 • O/wr& (SEAL) ' 14t Public JoAnn M. Riley �;1,� JOANN M.RILEY Printed or stamped name of Notary Public ?q.,._t;Commission#GG 054939 ���a`=Expires December 13,2020 My Commission Expires: 12-13-2020 •.±'f o ��e'' g Tku Troy Fein Insurance 8003$5 7019 Page 2 of 6