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Home My WebLink About21-141 RESOLUTION NO. 2021-141 A RESOLUTION ACCEPTING A SIDEWALK EASEMENT AGREEMENT FROM THE CITY OF PORT SAINT LUCIE ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing Sidewalk Easement Agreement from the City of Port Saint Lucie is duly accepted on behalf of St. Lucie County this 1st day of June, 2021. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: ( ..9,4r7./. hair ATTEST: Deputy Clerk q ): m APPROVED AS TO FORM AND CORRECTNESS: o,F r NNrr,FOIL BY: County Atto ney Prepared by and return to: MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT Stefanie Beskovoyne SAINT LUCIE COUNTY Deputy City Attorney FILE# 4878925 06/14/2021 01:14:44 PM P Y y OR BOOK 4629 PAGE 1655-1662 Doc Type: City Attorney's Office RECORDING: $69.50 AGR 121 SW Port St. Lucie Blvd Port St. Lucie,FL 34984 SIDEWALK EASEMENT AGREEMENT THIS INDENTURE made and entered into this 15t day of Jv►1e- , 2021 (hereinafter "Effective Date") by and between CITY OF PORT ST. LUCIE, a Florida municipal corporation, whose mailing address is 121 SW Port St. Lucie Blvd., Port St. Lucie, FL 34984 ("Grantor"), and ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida,whose mailing address is 2300 Virginia Ave.,Fort Pierce,FL 34982 ("Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors, and assigns.) WITNESSETH: That Grantor is the owner in fee simple of that certain real property lying, situate,and being in the City of Port St. Lucie, St. Lucie County,Florida,more particularly described as: See Exhibit"A,"attached hereto and incorporated herein by this reference(pursuant to Warranty Deed dated August 29, 1983, recorded September 16, 1983 in Official Record Book 411 at Page 1193 of the Public Records of St. Lucie County, Florida) (hereinafter the "Property"). Parcel No.: 3416-333-0001-000-6 That Grantor, in consideration of the sum of One and 00/100 ($1.00) Dollar, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants to the Grantee, its successors and assigns, an exclusive easement in perpetuity for construction and installation of a sidewalk, bicycle/pedestrian handrail,and associated articulating block revetment slope protection for public access purposes (collectively referred to herein as "Improvements"), through, in, under, upon, along, over, and across the following described land in St. Lucie County, Florida,to wit: See Exhibit"B."Legal Sketch and Description attached hereto and incorporated herein by reference; (hereinafter,the"Easement"), and which Easement shall run with and be a burden upon the Property. After completion of the construction and installation of the Improvements, maintenance of the Improvements shall be the responsibility of the Grantor in accordance with the"Inter-local Agreement Page 1 of 5 Sidewalk Easement Agreement (Parcel 1D:3416-333-0001-000-6)(Intake#6074) 630 for County roads located within the municipality of Port St.Lucie"effective July 1, 1982,and attached hereto as Exhibit"C"(hereinafter"Interlocal"). Grantor hereby reserves for itself, its successors and assigns, the right to use the Easement for purposes not inconsistent with the Easement granted herein, including without limitation, the right of ingress, egress and passage by Grantor, its employees, agents, customers, and invitees, over, across, and through the Easement. Grantor further grants to the Grantee, its agents, employees, contractors and assigns, a perpetual, non-exclusive easement for ingress, egress and access upon, over and across the Property to allows the Grantee to fully exercise its rights within the Easement. The undersigned hereby covenant and warrant that Grantor owns the said land described herein and the undersigned, as or on behalf of Grantor,has the right to grant this Easement. SIGNATURE PAGE FOLLOWS Page 2 of 5 Sidewalk Easement Agreement (Parcel ID:3416-333-0001-000-6)(Intake#6074) 631 The signatories are duly authorized to bind their respective entities, and this Easement Agreement is effective when fully executed as indicated on the date above: Signed, sealed and delivered in the presence of: GRANTOR: CITY OF PORT ST. LUCIE, WI SSES: a Florida municipal corporation Sign: _ __ #�1 By: I Ar Print Name: Gr- •ik . Oravec,Mayor Sign: Print Name: APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE STATE OF t""I • ) COUNTY OF S-�. The foregoing instrument was cknowledged before me by means of ®''physical presence or ❑ online notarization, this o2 aay of _- 2021, by Gregory J. Oravec as Mayor of City of Port St.Lucie who is ( rsonally kndwn to me. (1/----- _ _ ; '""'% = DAISY RUIZ• No:14 ry Public Z NOTARY SEA i*c " i*`•Commission#HH 132219 - i Expires May22,2025 ",: F`•• Balled Thru Troy Fain Insurance 800385- 1 Tiy.ed, printed or stamped name of Notary Public Agreed to and Accepted by: GRANTEE: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIO► RS,a Political subdivisi•• 'n .= - of o 'd B .c. Chri• >tza:•vsky, C it Page 3 of 5 Sidewalk Easement Agreement (Parcel ID:3416-333-0001-000-6)(Intake#6074) 632 yT, i' � EXHIBIT 1 W TV DEEO e.YCo romY•. 623937 • /eOr COe POR•!ION s 1er.oyOeTArI 'm .'vyn't flsswfles t i- O his warranty Dud 'rode and executed the 29th day of August A. A. 1983 by } 1f t GENERAL DEVELOPMENT CORPORATION I J'-n I t s I l'� �� J a corporation existing under the laws of Delaware . and having its principal place of ,v(s? )1 business at 1111 So. Bayshore Drive, Miami, Florida 33131 1 ;��, y� hereinafter called the grantor. to I �t�✓ CITY OF PORT ST. LUCIE, a Florida municipal! l e. C Pa corporation i�J? Z whose postoffice address is City Hall Plaza %c Port St. Lucie, Florida 33452 ,'-1,MI ,. hereinafter called the grantee: 4-1, Il.- `.'%L+�a• ;{n!! .....the r;..rs, mad ►soviet IAe tens ••, ,[n•• sd '•,r.nai,' m tale ,L Ir parties 1. this -,sin ..l zed ea pemenuni.n d arises, .1 diridu,l.,.std dr aa,e.an sad .rises of rerpor.ts f 6 ( ditnesseth: Thal the grantor, for and in consideration of the sum of S 10.00 and oilier valuable considerations. receipt whereof is hereby acknowledged. by these presents does grant, bargain, sell. alien. remise• release. convey and confirm unto the grantee, all that certain land situate in St. Lucie County. Florida. via; A portion of Ocean Breeze Waterway consisting of The South 110.00 feet of Section 16, Township 36 South, Range 40 East, lying_West of the Northwesterly prolongation of the Easterly right-of-way line of Cove Waterway as shown on the plat of Port St. Lucie Section Twenty-Six as recorded in Plat Book 14 at Page 4 of the Public Records of St. Lucie County, Florida, lying and being in the City of Port St. Lucie, St. Lucie County, Florida. This Deed is executed subject to taxes assessed for the year 1983 and all subsequent years and to conditions, limitations and restrictions of record. THIS BEING A DONATION, THE CONSIDERATION IS SUCH THAT NO D)(iJMENTARY STAMPS ARE RE- QUIRED. HOWEVVI'R, IT IS UNDERSTOOD AND AGREED BY AND BETWEEN GRANTOR AND GRANTEE THAT USE OF THE SUBJECT PROPERTY SHALL BE RESTRICTED TO DRAINAGE OR WATERWAY USE. IN THE EVENT GRANTEE CEASES OR ABANDONS THE USE OF THE. SUBJECT PROPERTY FOR SUCH PURPOSES, THEN IN SUCH EVENT THE PROPERTY SHALL BE FORTHWITH RECONVEyFJ) 'ID GRANTOR. Together with all the tenements, hereditaments and a PPurlenances thereto belonging or in any- wise appertaining. To Haut and to hold, the same in fee simple p forever. find the granter hereby covenants with said grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully war- rants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that se,iit land is free of all encumbrances • 623937 • �-- '` : fir `' r! In fitness thereof �� _'I •OQ1eOtATE• ,� [; 'he grantor has caused these presents to i:. .,� s. be executed in its name,and its corporate sea!to be hereunto affixed, by its :.a " .a' pro er of• ers'hereunto duly authorized,the clay an,-�- .. Y d year first above written. SAUL J. SeemtaryGENERAL DEVELOPMENT CORPORATION Signed, Seale and deliver* i e presence of: --Mc icy..._ � � � JAC . O'NEAL, Sr. Vice R -t STATE i FLORIDA l COUSTY OF DADE r I HEREBY CERTIFY that on this clay h.fo., rr an all,rr duty authorized in the Sale and Co..lr aimmaid in rye ryemrledrmeaa, p.r...ru..ppeared JACK C. O'NEAL and SAUL J. SACK Sr. Vice roll Inn.n tu me to he the/ President and Asst. Secretary in the Ime,ei., deed. snd the' Joe raeralle..lao.kdeed eanuti.R the use y the lr e �col'the zurparadon maned u arvts under earths e. Wea!et[,el we edtoibq wa.,>,ea Irtelr and rda.tariFr o,,, duly . ted a them a rod rarpv.tio, and that the seal.Ifi.rd'►nets h the I[.r rarparae rut of said...p.e.sw. WITNESS Art bend ...d ufiki.l rat is the 29tha ,,i them sand Srn `r al,en.;d LLw - ALgllSt .A . 'r41i 93 r: 7 tl :I 17rD letinrwurti prrparrJ byre 71 s y. . i'e $y: • Addrris hL' i i L , 1 :coney at law • x yr 4J Ic i SJUiii Dl+1Sil�{E DRIVE ROTARY PUBLIC STATE Oi FLt3U1.,••), • MlJlfdl,FLORIDA 30131 BONDED THRU GENERAL INSURANU'lk•s'e' •_ '=.. . ,• MY lraMMIssloil Lxp4eS JULY 24 1936 --- - ' ..r — _.— _� .�. -.F 633 EXHIBIT "B", LEGAL SKETCH AND DESCRIPTION DESCRIPTION• "This is not a boundary survey" •, Being a parcel of land for a sidewalk easement, located in Section 16, Township 36 South, Range 40 East, St. Lucie 1 County, Florida, and also lying in the City of Port St. Lucie and being a portion of the Plat of Port St. Lucie Section 43, filed in Plat Book 16, Page 15 of the public records of St. Lucie County, Florida, being more particularly described as follows: The East 13 ft. of the West 53 ft. of the South 110 ft. of Section 16, Township 36 South, Range 40 East, less and except the Right of Way for St. James Drive, St. Lucie County, Florida, and lying in the City of Port St. Lucie. Also i being a portion of lands described in O.R.B. 411 at page 1193, of the Public Records of St. Lucie County, FL. '1 D 9 II 3 N89°48'30"E WEST 53'OF SEC. 1 i 1 r` 16 TWP 36S.RGE 4 1E. aal i 113 (-Atill) B co O 2 >- w 0' 30' 7 I I W LL o Q 0 W F- oQ 1=w SCALE: 1" = 30' 1 W I Cr 1 3 I W U)a N W n1 I � I w0 °¢ w 3w Q ? W w F o f CITY OF PORT ST.LUGE 3 o j LL = ¢ o O p O.R.B.411 PAGE 1193 0 �r� w Z O u0 =� 5 ~ V Z cwn O ° ?cfq J I I O m d �a Oa m O Z Z W I 1 1% Q N F- 1 CO Z l it Z w -J w 1 ZI z (°' QI W W 0 w + 13' _� I O O W CE rn I 0 17 16 _ _ Q 1 _ _ _ N 891 48'30"E 5 U) 20 21 Q SECTION LINE AND CANAL RIGHT OF WAY _I C70 3 ro Z s CANAL 108 I - r-I BSI b i I H z I I OCEAN BREEZE WATERWAY (PLAT) .1 .1 SURVEYORS NOTES This is not a boundary survey. The above legal description was prepared by the undersigned surveyor and mapper. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL.RAISED SEAL OF A LEGEND ABBREVIATIONS Bearing base is per the Plat of Port St Lucie Section 43,and is referenced to the East FLORIDA LICENSED SURVEYOR AND Line of Section 17,Township 36 South,Range 40 East,which bears N 0°18'36"E. MAPPER POB=Point of Beginning 3 POC=Point of Commencement ID=Identification CERTIFICATE:I hereby certify that the sketch of legal description represented hereon, -• ORB=Official Record Book dated this 26th day of February,2021,is true and correct to the best of my knowledge j PG=Page and belief,and meets the Standards of Practice set forth by the Florida Board of E SEC=Section Surveyors and Mappers in Chapter 5J-17.052,Florida Administrative Code,pursuant PROFE JOHNB.WI!f3+ N Jr3 AI D MAP / SSIONAL SURVEY R A D MAPPER 5 TWP=Township to Section 472.072 Florida Statutes. STATE OF FLORIDA NO:3916 J RGE= Range �� n��2 BOAR• D OF COUNTY COMMISSIONERS ` SKETCH REVISIONS y l�l LS CHIC USA 2126121 N•„DATE SUBJECT ev m ya o ST.LUCIE COUNTY.FLORIDA DRAWN JBW 226�21 1 2n t¢t CHANGE TITLE Jew S ^� a L' O.U V .•V _ PUBLIC WORKS DEPT.,ENGINEERING DIVISION 2 3/1621 REV.EASEMENT JB o F; ^.,Z SURVEY SECTION 9 j O R. I a A ,- 2300 VIRGINIA AVE..FORT PIERCE,FLORIDA,34982 j `� + TELEPHONE 462-1707 634 EXHIBIT R '.., . I C: . INTER-LOCAL AGREEMENT County Roads located within the municipality of Port St. Lucia• : ' WHEREAS, St. Lucie County presently maintains certain roads heretofore designated as Stets Highways, and WHEREAS, portions of said roads are located within the • • . 1 corporate limits of the minicipality located within St. Lucie • County, and . WHEREAS, certain streets presently maintained by the munici- • • pality have been designated by the State to be reclassified as County roads by July 1, 1982, to-wit: , r Local Road Name Description Length From To (miles) Airoso Boulcva d (St. Port St. Lucie • . James soul-eaerdY Hawley Road Boulevard 6. 5 Port St. Lucie Houle- Sunshine St. U. S. 1 yard Parkway 4. 3 Floresta Airoso Blvd, Port St. Lucie Blvd. 4.6 . . WHEREAS, it is necessary that a uniform system for the operation and maintenance of all County roads within the municipality be established. NOW, WHEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. County will maintain the roadbed, bridges , curbs, culvert drains and other drainage appurtenances and shall not • include , "walks and any other ways in existence at the time of transfer that are open to the public within the right of way of the road. The City will issue permits for driveways in , . .. • accordance with standard County specifications and/or City of Port St. Lucie specifications for width, spacing, etc. , whichever is the most restrictive. 2. The City will maintain and provide necessary operation of traffic signals , street lights, street signs and sidewalks .. ; .-; 3. Utilities and cablevision will be maintained by the owners , agents or designated agencies thereof. The City will f , .,;F 635 r 7 fr :r' issue permits but where pavement cuts are required County shall be notified and County concurrence shall be required before permit is issued. 4, The City shall have authority and rsspontibility to regulate traffic including speed limits, parking prohibition • and weight limitation, but where weight limitation is desired, • County shall be notified and County concurrence shall be required before weight limitation is imposed, S. This agreement shall be effective from July 1, 1982 i and shall continue from year to year, subject however to mutual t consent to amend. • .ST. LUCIE COUNTY may„ r.0 r . • . can, o i rm&n : , APPROVED AS TO FORM: CITY OF PORT ST. LUCIE j, :} pe er B. Cil art William 'McChesney, MayorCity Attorney ATTES n ra . rause, y Clerk • 636