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Home My WebLink About23-105 OR BOOK 5027 PAGE 1412 RESOLUTION NO.2023-105 A RESOLUTION ACCEPTING A PERPETUAL UTILITY EASEMENT ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida,that: The foregoing Perpetual Utility Easement from Clifford and Ariel MacTavish is duly accepted on behalf of St. Lucie County this 11th day of July, 2023. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY:�-�k,41�t-✓ { ,u. 1•c'R-�' Chair ATTEST: /,lid v ' O ,� Deputy Clerk • • APPROVED AS TO FORM AND ootr,rr nor' CORRECTNESS: /J./ di BY: County At rney. MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 5227088 OR BOOK 5027 PAGE 1407 , Recorded 08/08/2023 08 :27 :57 AM Doc Tax: $70.00 This document prepared without the benefit of title by Vikki Mitchell, under the direction of Daniel S.McIntyre,County Attorney 2300 Virginia Avenue Fort Pierce,FL 34982 PROJECT:North Hutchinson Island Septic to Sewer Project PARCEL ID:1423-120-0026-000-9 PERPETUAL UTILITY EASEMENT THIS EASEMENT, made this 11th day of JJ1� , 2023, by, Clifford and Ariel MacTavish whose address is 8247 Greenwood Place, Niwot, C 80503, hereinafter referred to as(Grantor), and ST.LUCIE COUNTY,a political subdivision of the State of Florida,whose mailing address is 2300 Virginia Avenue, Fort Pierce,FL 34982,hereinafter referred to as("Grantee") WITNESSETH: That the Grantor for and in consideration of the sum of One ($10.00) Dollar and other valuable considerations paid,the receipt and sufficiency of which is hereby acknowledged,hereby grants unto the Grantee, its successors and assigns,a Perpetual Utility Easement to construct,reconstruct,lay,install,operate,maintain and repair,replace or renew a wastewater utility line and related facilities and equipment(the"Utility Improvements") in,under,upon,along,over, and across a portion of certain lands owned by Grantor(the"Easement Land"), being described as follows in St.Lucie County,Florida,to-wit: SEE ATTACHED EXHIBIT"A" TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever, and the Grantor will defend the title to said Perpetual Utility Easement and Easement Land against all persons claiming by,through or under said Grantor. Access to the above Easement Land over the adjoining lands of the Grantor is hereby granted.The Grantee may remove,cut or trim trees, 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 Utility Improvements. The Grantor hereby agrees that no further improvements shall be placed within the Easement defined herein, nor shall any Grantor 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 by Grantor near the Easement or Utility Improvements in such a manner so as to prevent the access to, and maintenance of, the Utility Improvements by the Grantee, its agents, employees, contractors or assigns. Subject to the provisions of Section 768.28, Florida Statutes, and without otherwise waiving Grantee's sovereign immunity, 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 Utility Improvements, 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. OR BOOK 5027 PAGE 1408 IN WITNESS WHEREOF,the said Grantor has signed and sealed these presents t day and year first ab written. ' S Witness Clifford MacTavish PRINT NAME erA. l / Witness Ariel MacTavish PRINT NAME STATE OF FIG(1 CA COUNTY OF • t.„ The foregoing instrument was acknowledged before me by means of[j physical presence or[]online notarization,this I ihof .SuYN_Q_ ,2023,by Clifford and Ariel MacTavish,who are personally known to me or who have produced L. (type of identification)as identification. \ZIr [Notary Seal] Notary Signature Notary Public State of Florida ` * Victoria Mitchell V I CJ \ 1`�`%TC/ I 1 llll My Commission HH 285189 Name Printed Expires 7/7/2026 OR BOOK 5027 PAGE 1409 Exhibit "A" Legal Description and Sketch for a Utility Easement for the MacTavish Property LEGAL DESCRIPTION St. Lucie County, Florida A 20 FOOT UTILITY EASEMENT OVER, UNDER AND ACROSS THE PROPERTY DESCRIBED IN OFFICIAL RECORD BOOK 1829, PAGE 546 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND BEING A FRACTIONAL PART OF GOVERNMENT LOT 1 IN THE NORTH ONE—HALF OF SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST AS SHOWN ON THE "PLAT OF SURVEY OF PROPERTIES BEING IN SECTIONS 14, 23 AND 24, TOWNSHIP 34 SOUTH, RANGE 40 EAST" AS RECORDED IN PLAT BOOK 8, PAGE 21 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 1700 FEET OF SAID GOVERNMENT LOT 1 AND THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD A-1—A, SECTION 94060-2250 AS DESCRIBED IN THE PROPERTY DESCRIBED IN OFFICIAL RECORD BOOK 3461, PAGE 2512 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 18'30'08" EAST ALONG THE SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 105.24 FEET TO A POINT, SAID POINT BEING 100 FEET SOUTH OF, AS MEASURED PERPENDICULAR TO, THE SAID NORTH LINE OF THE SOUTH 1700 FEET; THENCE SOUTH 89'3934" WEST ALONG A LINE PARALLEL WITH AND 100 FEET SOUTH OF, AS MEASURED PERPENDICULAR TO, THE SAID NORTH LINE OF THE SOUTH 1700 FEET A DISTANCE OF 15.79 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF AN EXISTING UTILITY EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1426, PAGE 907 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID INTERSECTION BEING THE POINT OF BEGINNING OF THE HEREON DESCRIBED EASEMENT; THENCE CONTINUE SOUTH 89'39'34" WEST ALONG A LINE PARALLEL WITH AND 100 FEET SOUTH, AS MEASURED PERPENDICULAR TO, THE SAID NORTH LINE OF THE SOUTH 1700 FEET A DISTANCE OF 1224.21 FEET; THENCE SOUTH 00'20'26" EAST ALONG A LINE PERPENDICULAR TO THE SAID NORTH LINE A DISTANCE OF 20.00 FEET; THENCE NORTH 8939'34" EAST ALONG A LINE PARALLEL WITH AND 120 FEET SOUTH OF, AS MEASURED PERPENDICULAR TO, THE SAID NORTH LINE OF THE SOUTH 1700 FEET A DISTANCE OF 1230.77 FEET TO AN INTERSECTION WITH THE SAID WESTERLY LINE OF AN EXISTING UTILITY EASEMENT; THENCE NORTH 18'30'08" WEST ALONG THE SAID WESTERLY EASEMENT LINE A DISTANCE OF 21.05 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINING 24,549.9 SQUARE FEET MORE OR LESS. SURVEYORS NOTES 1) BY SIGNING AND SEALING THIS DESCRIPTION I HEREBY CERTIFY THAT THE DESCRIPTION OF THE PROPERTY DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND THAT SAID DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THE THE DESCRIPTION AND SKETCH WAS MADE UNDER MY RESPONSIBLE CHARGE AND MEETS THE APPLICABLE STANDARDS OF PRACTICE REQUIREMENTS FOR A DESCRIPTION AND SKETCH AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027 OF THE FLORIDA STATUTES. NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS FIRM. 2) THE BEARING BASIS FOR ALL DESCRIPTIONS CONTAINED HEREIN IS THE NORTH LINE OF THE SOUTH 1700' OF GOVERNMENT LOT 1, SECTION 23—TOWNSHIP 34 SOUTH, RANGE 40 EAST WHICH BEARS SOUTH 8939'34" WEST. 3) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO WHICH IT IS ATTACHED. 4) THE HORIZONTAL VALUES AND BEARINGS SHOWN HEREON ARE BASED UPON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983/2011 ADJUSTMENT OBTAINED VIA THE FLORIDA PERMANENT REFERENCE NETWORK. Sheet I of 3 REVISED 4/15/23 Not Valid Without All Sheets SKETCH OF LEGAL DESCRIPTION Drawn by:]Checked by File name Date Scale Drawing Name "This is NOT o Boundary Survey" DMT DMT 1 8449 , 04/11/23 l N/A 8449-Ease2.dwg Digitally signed by , u.'ic David M Taylor DN:c�US,sssFlorid; :0��l itl�*� Masteller, Moler & Taylor, Inc. ^ I=Vero Beach, °a/ �.�va.a a:G= TELLER,MDLER = • arArun,iNc. ;=1 • PROFESSIONAL SURVEYORS AND MAPPERS cn.Da TE M.R,/ADL aart o C M MT .mail-d15T13OheLsout LAND SURVEYING BUSINESS wu:z2-04'0ls 'o�FDudvs ert uaaa:-a4�oa 1. 1655 27th Street, Suite 2 Vero Beach, Florida 32960 DAVID TAYLOR P.S.M. 5243 Phone: (772) 564-8050 Fax: (772) 794-0647 OR BOOK 5027 PAGE 1410 Exhibit "A" Legal Description and Sketch for a Utility Easement for the MacTavish Property St. Lucie County, Florida ig POINT OF COMMENCEMENT \ NORTH LINE OF THE SOUTH 1700' OF INTERSECTION OF THE NORTH LINE OF THE SOUTH 1700'OF GOVERNMENT (nl GOVERNMENT LOT 1, NORTH 1/2 OF LOT 1, NORTH 1/2 OF SECTION 23, SECTION 23 TOWNSHIP 34 SOUTH, 70WNSMP 34 SOUTH, RANGE 40 \N� RANGE 40 EAST EAST AND THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD A-1 A o N89 39'34"E _ (O.R.B. 3461. PG. 2512)__ Z� _,._. — BASIS'OF BEARINGS rn", NORTHING: nsss44.t9 ;Ttr rDJ tSL woe TAX b Im a Sf.LUCIE iAX f0< 4 /f423-120- t°SI /14893934W o a o C OOI4-000-2 -y rr++11.. LPG 25 21' 4 O �_o 8 1n�7 t POINT OF BEGINNING ro . to o 589 39'34-W 1224.21' ` % ( / / ,'f /" , N 1830'08?44 /.11.0 N8939'34"E 1230.77' PORTION OF LANDS DESCRIBED \ g IN O.R.B. 1829, PG. 546 O ST.LUCE TAX 10 SE4AENI DD a 00 a. p423-20-0028-0o0-9 �U�EPpG 00 1 R.B. 1829, PG 548 15. O i4Z6' kh F' WESTERLY LINE OF EASEMENT call n. M W �° \ 1..,, L OI G y p E EAST ID. IDENTIFICATION y N NORTH O.R.B. OFFICIAL RECORDS BOOK ;� PG. PAGE V RAW RIGHT OF WAY S SOUTH W WEST �C SOUTH LINE OF GOVERNMENT LOT 1, NORTH 1/2 OF SECTION 23—TOWNSHIP 34 SOUTH, RANGE 40 EAST Sheet 2 of3 REVISED 4/15/23 Not Valid Without AllSheets SKETCH OF LEGAL DESCRIPTION- (Drawn by:IChecked byI File name ( Date 1 Scale I Drawing Name "This is NOT a Boundary Survey" DMT DMT 8449 - 04/11/23 1":100' 8449-Ease2.dwg Digitally signed by ,"'0 µ.�.T.l y°'. David M.Taylor ;A (' DM c=U5,,1oFlorida, ,'�`O'•�tt it r��'�,y',y Masteller, Moler & Taylor, Inc. (.Vero Beach, .I.„a tsSi1 t\ I. PROFESSIONAL SURVEYORS AND MAPPERS >�� M.Weer ,..ROF ;'P {M MT emalres2aatendhcvt �' ,�` -' LAND SURVEYINGBUSlNESS#4'6Q4 Dale:2o33A0.19 'f;i:i LANi;.S ` 1655 27th Street, Suite 2 Vero Beach, Florida 32960 DAVID TAYLOR P.S.M. 5243 Phone: (772) 564-8050 Fax: (772) 794-0647 OR BOOK 5027 PAGE 1411 Exhibit "A" Legal Description and Sketch for a Utility Easement for the MacTavish Property St. Lucie County, Florida `�® NORTH UNE OF THE SOUTH 1700'OF GOVERNMENT LOT 1, NORTH 1/2 OF SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST NORTINNG 1155537.95 NB9 39'34"E EASIING 879734,46 _ _.._._... _ — —.-.—. — . _ _ _ — — — BASIS OF BEARINGS \ I ST.WOE TAX ID 51 WOE TAX ID ST..LUCJE TAX ID ST.WOE TAX ID Sr.LUCJE TAX ID •.� r ST. 0-0022-000-1 o2-00D-4 0020-000-7 0019-T000-7 001A�000 0 50173000-3 O.R.B.2928, \ QR.&185$Pf;. 2807 QPG.9840' $O.R.B.4888, P0. 2682 0.R.& 1359,PG 0.53 QPG. 1465 O , PG.0005 _...11 - 8 —" — ! 589'39'34"W 1224.21' i _�00 '2,6'E,/ o,,ao'..' A-- `` /489' "3a L/1230.7r, '- N PORTION OF LANDS DESCRIBED m n g "'"--...11l ST.WOE TAX ID IN O.R.B. 1829, PG. 546 o y o $ /1423-120-0026-o0D-9 tjt� m Z C 0.R.8. 1829,PG.549 Eny 10 ` I- p0 o-I N HCol LEGO12. L.o v] E EAST ID. IDENTIFICATION •4) N NORTH 't O.R.B. OFFICIAL RECORDS BOOK PG. PAGE 1....,R/iy RIGHT OF WAY S SOUTH W WEST SOUTH LINE OF GOVERNMENT LOT 1, NORTH 1/2 OF SECTION 23-TOWNSHIP .34 SOUTH, RANGE 40 EAST Sheet 3 of3 Not Valid Without All Sheets REVISED 4/15/23 SKETCH OF LEGAL DESCRTPTION trawncked byl Fi18e 449 name 04D/11/23 ate I SCa1100e '`84D49WEasName "This is NOT a Boundary Survey" wg DigitallyM. signed by David s o0 1.n. r4 r(,, ON:c=US,,bTbrlda, .`',O�y�0.t‘f iCjr'O'P��': Masteller, Moler & Taylor, Inc. omc-Ueach. .,�•.,. A' e.MASTELLER,MOLER&e I F. TAYLOR INC.en-0arid _0 i :z PROFESSIONAL SURVEYORSAND MAPPERS TAYLORr, sate of `05 [MMT ',net t5143@belhn"t sf,�o,,o,'�e,� LAND SURVEYING BUSIAESS#4644 N."" I Date:3023A4.19 '"RfO LA NO,s."'� 14:1953-04'00' 1655 27th Street, Suite 2 Vero Beach, Florida 32960 DAVID TAYLOR P.S.M. 5243 Phone: (772) 564-8050 Fox: (772) 794-0647