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HomeMy WebLinkAbout02-019Florida, that: RESOLUTION NO. 02-19 A RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES is duly accepted on behalf of St. Lucie County this 9 t" JULY, 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Ch man ATTEST. Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: TREASURE COVE DUNES CONDOMINIUM ASSOCIATION G:\ACQ\WP\YVONNE\MSBU\TREASURE\Resolution 02-19.wpd This instrument prepared by: JoAnn Riley under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 PROJECT: TREASURE COVE/OCEAN HARBOUR SOUTH MSBU PARCEL ID NO: No Parcel ID No. assigned by Property Appraiser PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES THIS EASEMENT, made this day of , 2002, by TREASURE COVE DUNES CONDOMINIUM ASSOCIATION, INC., a Florida Corporation, whose address is 4100 North AIA, Suite 345, Fort Pierce, FL 34949, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter referred to as GRANTEE. THIS EASEMENT replaces a PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES previously recorded in Official Record Book 1445, Page 1. KNOW ALL MEN 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 ST. LUCIE COUNTY, the privilege and easement for the installation, maintenance, operation, repair, replacement or renewal of a wastewater line and related facilities in, under, upon, over, and across the following described land in St. Lucie County, Florida, being more particularly described in Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the Grantee, its successors and assigns forever The Grantee may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land so for 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 herein, 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, its 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, parking, common or open areas, for the purpose of access to, and/or maintenance of, any of the Grantee's utility lines and equipment. 0 Ln LTI r� cm m P•J 10 co 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 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 WH EOF, the undersigned Grantor has hereunto set their hand and seal this day of 2002. Signed, sealed and delivered in the presence of: �1�.faK Witness 1 '1 Priwl Name:L a'�J Witness Print Name: STATE OF FLORIDA COUNTY OF ST. LUCIE GRANTOR: TREASURE COVE DUNES CONDOMINIUM ASSOCIATION, INC. By: William Mueller, its President On this day of f' 2002, WILLIAM MUELLER, the President of TREASURE COVE DUNES CONDOMINIUM ASSOCIATION, INC., a Florida Corporation, for and on behalf of the Corporation, personally appeared before me, who is personally known to me, or who produced FL as identification and who did (not) take an oath. 1 7oAnn Marie Riley Notary Public MY COMMISSION #� CC985750 EXPIRES Commission expg December4, 2004 (seal) .jj;��t4••' BONDEDTHRUTROYFAININSURANCE,ING Print Name: G:\ACQ\WP\YVONNE\MSBU\TREASURE\Treasure Cove Dunes\Corrected Easement.wpd 11 © 2001 LBFH Inc. \ LEGEND O.R.B. = OFFICIAL RECORD BOOK 7 L-5' EASEMENT FOR BEACH ACCESS (O.R.B. 239, PAGE 2789) 'o7 �'; S- -A' o_ C� r V �� �z \ �Vy-A v� '100 0 THE NORTH LINE OF THE SOUTH 900 FEET OF GOVERNMENT LOT 1, SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST A LINE 15' EAST OF AND PARALLEL WITH THE EAST RIGHT-OF-WAY LINE 0 OF STATE ROAD A-1-A � TREASURE COVE DUNES CONDOMINIUM (DECLARATION RECORDED IN OFFICIAL RECORD BOOK 385, PAGE 980) NOTE: THIS PARCEL IS SUBJECT TO A BLANKET UTILITY EASEMENT AS RECORDED IN (OFFICIAL RECORD BOOK 810, PAGE 2913) GOVERNMENT LOT 1 SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST THE NORTH LINE OF THE SOUTH 600 FEET OF GOVERNMENT LOT 1, SECTION 23, TOWNSHIP 34 1 SOUTH LINE OF GOVERNMENT LOT 1 SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAID 5EA. /� FLORIDA LICENSED SURVEY /AND MAPPER. THIS MAP/REP(�RT `�` FDA `I$1F�21APTYCIRAL,., PURPOSES ONLYXW I NOT VALID. 2. NO SEARCH PU UC R !PS S BEEN MF,i)F"BY THIS OFi;IM JOHN A NALSON, PROFESSIONAL SURVEYOR k M/4PPERi,'� _ STATE FLORIDA N0. 5157 CONSULTING CIVIL ENGINEERStij-; SURVEYORS do MAPPERS "Ptrriners For Results, �14.e'et`•"i Of.<2:•. INC. value By Design" 3550 S.W. Corporate Parkway, Palm City, Florida 34990 Computed: [✓K (561) 286-3883 Fa)c (561) 286-3925 BPR do FBPE License No: 959 www.lbih.com Checked: JW 0 0 t THIS IS NOT A SURVEY PROJECT NAME: SKETCH AND DESCRIPTION FOR: OCEAN HARBOR SOUTH M.S.B.U. 15' UTILITY EASEMENT PROJECT N0. 8 REVISIONS: Field Book: N/A I Page: N/A Field: NSA Date FILE N0. Project No. 04-05-2001 LGLUT02.DwG 96-0751 LEGAL DESCRIPTION: 15' UTILITY EASEMENT BEING A 15 FOOT WIDE STRIP OF LAND FOR UTILITY EASEMENT PURPOSES LYING OVER, UNDER, AND ACROSS A PARCEL OF LAND IN GOVERNMENT LOT 1, AS SHOWN ON THE PLAT OF PROPERTIES IN SECTIONS 14, 23, AND 24, TOWNSHIP 34 SOUTH, RANGE 40 EAST, AS RECORDED IN PLAT BOOK 8, PAGE 21, PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA; SAID EASEMENT BEING BOUNDED AS FOLLOWS: BEING BOUNDED ON THE NORTH BY A LINE 900.00 FEET NORTH OF, AND PARALLEL WITH THE SOUTH LINE OF SAID GOVERNMENT LOT 1; BEING BOUNDED ON THE EAST BY A LINE 15.00 FEET EAST OF, AND PARALLEL WITH THE EAST RIGHT-OF-WAY LINE OF STATE ROAD A-1-A; BEING BOUNDED ON THE SOUTH BY A LINE 600 FEET NORTH OF, AND PARALLEL WITH THE SOUTH LINE OF SAID GOVERNMENT LOT 1; BEING BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY LINE OF STATE ROAD A-1-A. NOTES: SUBJECT SITE AND OR RECORDED DOCUMENTS REFERENCED HEREON ARE BASED ON TITLE COMMENT NO. 00-5272, EFFECTIVE DATE 01 /19/01, PREPARED BY TREASURE COAST ABSTRACT AND TITLE INSURANCE COMPANY, 401 SOUTH INDIAN RIVER DRIVE, FORT PIERCE FLORIDA. QC 2001 LBFH Inc. THIS IS NOT A SURVEY L! CONSULTING CIVIL ENGINEERS, SURVEYORS do MAPPERS "Axrtners For Results, bLfp Value By Design" 3550 S.W. Corporate Parkway, Palm City, Florida 34990 (561) 286-3883 Fax (561) 286-3925 BPR do FBPE License No: 959 www.lbfh.com Scale: N /A PROJECT NAME: SKETCH AND DESCRIPTION FOR: OCEAN HARBOR SOUTH M.S.B.U. 15' UTILITY EASEMENT PROJECT NO. 8_ REVISIONS: Sheet 2 Of 2 Field Book: N/A-1 Page: N/A Computed: CK Date FILE NO. Checked: JW 04-05-2001 LGLUT02.DWG Field: N/A Project No. 96-0751