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RESOLUTION NO. 02-53
A RESOLUTION ACCEPTING
PERMANENT UTILITY EASEMENT
ON BEHALF OF ST. LUCIE COUNTY, FLORIDA
BE IT RESOLVED by the Board of County Cmissioners of St. Lucie County,
Florida, that:
The foregoing Permanent Utility Easement is duly accepted on behalf of St. Lucie
County this 15 day of January, 2002.
ATTEST:'
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G:WCQ%WPldanet\SHutchWastewater\Kersey Res. 02-53.wpd
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA ;
Ll-",
CHAIR
APPROVED AS TO FORAI AND
CORRECTNESS:
PLEASE RETURN TO CH BOX: 76
TREASURE COAST TITLE tl�"
FILE NO: 00-5158TI
1.
This instrument prepared by
Janet Li.Causi under the direction of. -
Daniel S. McIntyre, County Attorney
St. Lucie County
2300 Virginia Ave.
Ft. Pierce, FL 34982
PROJECT: South Hutchinson bland Wastewater
PARCEL: Lila Station #1 �--.
PARCEL,M NO: 4512-333-0001-000/4 (part)
PUBLIC UTMITY EASEMENT
r THIS EASEMENT, made this day of 11,4 Y 2002 b KERSEY
W HOLDINGS, L,C., a Florida limited liabilitycompany,--of ens So eac an Dr. 1pppp7
Jensen Beach, FL 3 57
cc hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY. a Political Subdivision of the State of
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Florida 2300 Virginia Ave. Fort fierce Florida 34982 hereinafter referred to as GRANTEE.
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SNOW ALL AWq BY THESE PRESENTS that the undersigned, for and in consideration of the sum
of Ten Dollars ($10.00), to them in hand paid, the receipt of which is hereby acknowledged, do hereby convey
and grant to ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, for the use and benefit of
o ST. LUCIE COUNTY, the privilege and easement for the installation, maintenance, operation, repair,
replacement or renewal of a lift station in, under, upon, over, and across the following described land in Si. Lucie
County, Florida, being more particularly described on "Ex 1bit A" attached hereto and made a part hereof.
TO HAVE AND TO HOLD the same unto the Grantee, its successors and assigns ibrever.
The Grantee may remove, out or trim }Tees, bushes, and saplings growing upon or extending over said
strip of land so far as may be reasonably necessary in the installation, maintenance, operation, repair,
replacement, or renewal of any of the above mentioned utilities or improvements.
Grantor hereby agrees that no further improvements shall be placed within the easement defined berein,
nor shall any improvements damaged or removed from, said easement be replaced within the easement area
without the express written consent of the Grantee herein. Grantor further agrees that no new improvements shall
be placed near the easement or utility improvements in such a manner so as to prevent the access to, and
maintenance of, the utility lines or equipment by the Grantee, it agents, employees, contractors or assigns.
Grantor further grants to the Grantee, its agents, employees, contractors or assigns, a general
ingress/egress easement over and across its driveways, parling, common or open areas, for the purpose of access
to, and/or maintenance of, any of Grantee's utility lines and equipment.
Subject to the provisions of Section 768.28, Florida Statutes, Grantee agrees to indemnify and. hold
harmless Grantor from and against any actions at law to recover damages in tort for money damages for injury
or loss of property, personal injury, or death arising out of the installation, maintenance, operation, repair,
replacement, or renewal of said utilities facilities, and the equipment connected therewith, over, under and across
said easement areas and caused by the negligent or, wrongful act or omission of any employee of Grantee while
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acting within the scope of his or her office or employment under circumstances in which Grantee, if a private
person, would be liable to the claimant, in accordance with the general laws of the State of Florida.
The undersigned hereby covenant and warrant that they own the said land and have the right to grant this
easement.
IN WITNESS WHEREOF, the undersigned Grantor has hereunto set their hand and seal this
day of - MA 4r2002
Si , ale and delivered
isi our. pr s ce as with
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Witness grin a Y
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tness rint name_JACQUELYN BREWER
State of Florida
County of n;� LVO-16
On this 1 y7,cday of ,
before me,
it.
KERSEY HOLDINGS,-L.C.
Grantor
Thomas A. Kersey
It's: Managing Member
Thomas A. Kersey, the Managing Member of
2002 Kersey Holdings, L.C. personally appeared
company, for -and on behalf of:the company
_ who is personally known to me
whose identity I proved on the basis of FI-°aI DR
whose identity I proved on the oath./affirmation of _
a credible witness to be the signer of the above instrument, and he/she acknowledged that he/she signed
JACQUELYN a. BREWER
S :,- MY COMMISSION # CC 815984
EXPIRES: March 9, 2003
BaWed Thor Notary Public Undsm ten.
G-1ACQ1wPUanetlSHufchwasn waterlMarriott easemcnLwpd
blic Si ature
JACQUELYN BREWER
Notary's Printed Name
Residing at:
My Commission expires.
EXHIBIT "A"
AN EASEMENT FOR UTILITY PURPOSES OVER AND ACROSS A PORTION
OF SECTION 12. TOWNSHIP 37 SOUTH. RANGE 41 EAST, ST. LUCIE
COUNTY, FLORIDA, THE CENTERLINE OF WHICH BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF WINbMILL VILLAGE 8Y THE
SEA. UNIT TWO. AS RECORDED IN PLAT BOOK 16, PAGE 31 OF THE
PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA; THENCE N 89'56'22' E.
A DISTANCE OF 28.47 FEET. THENCE S 23'49'31' E. PARALLEL VrTH
THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD A-1-A. A DISTANCE
OF 163.17 FEET; THENCE N 89'56'22' .E. A DISTANCE OF 80.09 FEET
TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CENTERLINE;
THENCE S 23'49'31' E. PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY
LINE OF STATE ROAD A-1-A, A DISTANCE. OF 284.37 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT 'A"; THE PREVIOUSLY DESCRIBED LINE
BEING THE CENTERLINE OF A 10.00 FOOT WIDE UTILITY EASEMENT LYING
5.00 FEET EACH SIDE OF SAID CENTERLINE; THENCE FROM SAID POINT 'A',
CONTINUE S 23449'31' E, PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY
LINE OF STATE ROAD A-1-A. A DISTANCE OF 5.46 FEET TO THE END OF
SAID CENTERLINE WITH THE EASEMENT LYING 5.00 FEET EACH SIDE OF THIS
DESCRIBED LINE; THENCE RETURNING TO SAID POINT 'A'; THENCE
N 89-56'22' E. A DISTANCE OF 10.00 FEET TO THE TERMINUS OF THIS
EASEMENT WITH THE EASEMENT LYING 5.00 FEET EACH SIDE OF THIS DESC-
RIBED LINE. THE INTENT OF THIS EASEMENT IS TO BE CENTERED OVER AN
EXISTING OR PROPOSED SANITARY SEWER FORCE MAIN.
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