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Home My WebLink About12-205 OR BOOK 3446 PAGE 2011 RESOLUTION NO.12-205 A RESOLUTION ACCEPTING A PERPETUAL RIGHT-OF-WAY 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 RIGHT-OF-WAY EASEMENT is duly accepted on behalf of St.Lucie County this 23rd day of October,2012. BOARD OF COUNTY COMMISSIONERS ST.LUCIE COUNTY,FLORIDA BY: Chairma ATTEST: puty C,f`erk f. r'a APPROVED AS TO FORM AND CORRECTNESS: f pa t `:_ r BY: `•- =t • County Att rney S:\ACQ\WP\joAnn\Brocksmith Road\VlamonteAResoIut on No.12-205.wpd JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE # 3762146 OR BOOK 3446 PAGE 2007, Recorded 10/26/2012 at 10:45 AM Prepared by and Return to: Janet LiCausi,without the benefit Of title,under the direction of Daniel McIntyre,County Attorney 2300 Virginia Avenue Fort Pierce,FL 34982 RIGHT OF WAY EASEMENT THIS EASEMENT made and entered into this 3 day of 2012, by EMMA VIAMONTES,whose address is 1100 W.Weatherbee Road,Fort Pie ,FL 34982("Grantor"),to ST.LUCIE COUNTY,a political subdivision of the State of Florida,whose mailing address is 2300 Virginia Avenue,3rd Floor Admin Annex,Fort Pierce,Florida 34982("Grantee"). WITNESSETH: For and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows: 1. Grant of Easement. Grantor hereby grants and conveys to Grantee, an exclusive, perpetual 5-foot wide right-of-way easement for roadway, stormwater management and drainage purposes including but not necessarily limited to installation and maintenance of improvements for said purposes,("Easement")over,under,across and upon the following described property: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE("Easement Area") 2. Right of Conveyance. Grantor is the owner in fee simple of the Easement Area. Grantor warrants and represents that Grantor has the right to convey a permanent Easement over,under,across and upon Easement Area. 3. Maintenance. Grantee shall maintain the Easement Area, including any and all improvements made or constructed over,under,across or upon the Easement Area, and shall bear the full cost, expense and responsibility for any and all maintenance, repair and replacement of the improvements in the Easement Area. OR BOOK 3446 PAGE 2008 4. Duration. The Easement shall be perpetual in duration, and shall not be changed, altered or amended except by an instrument in writing executed by Grantor and Grantee,or their respective successors and assigns. 5. Covenant Running with the Land. The Easement and all conditions and covenants set forth herein are intended to be and shall be construed as covenants running with the land described in Exhibit "A", benefiting the public at large and burdening the Easement Area, and shall be binding upon the heirs, successors and assigns of the parties. 6. Indemnification by Grantee. To the extent permitted by the laws of Florida, Grantee shall indemnify and hold harmless grantor and Grantor's successors and assigns from any and all losses, damages, suits, actions, judgments, claims and demands whatsoever, including reasonable attorneys' fees, costs and expenses at all pretrial, trail, appeal, and alternative dispute resolution levels, arising from, out of, or occasioned by the negligent acts or omissions of Grantee or its agents, employees, licensees,or invitees of while using the Easement,including,but not limited to,any and all suits,actions,or claims of any character,type or description brought or made for or on account of any injuries or damages received or sustained by any person or persons or property. The obligations of the Grantee to indemnify, defend and hold harmless the Grantor under this Agreement is limited to the same extent that the Grantee would otherwise be obligated directly to third persons under existing law or to the extent provided under Section 768.28, Florida Statutes, whichever is less. This section shall not be construed as waiving any defense or limitation which Grantee may have against any claim or cause of action by any person not a party to this Easement. 7. Grantor's Use. Grantor may not interfere with Grantee's use of the Easement Area. No buildings or structures shall be erected or placed on said strip of land by Grantor. 8. Governing Law. The Easement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, Grantor sand Grantee have executed this Easement in a manner and form sufficient to bind them as the dates set forth below. OR BOOK 3446 PAGE 2009 Witness: J Csin Emvr10, ,rim0( -es EMMA VIAMONTES II� STATE OF (AA. COUNTY OF bf, Luf;e The foregoing instrument was acknowledged before me on this 3,10J day of /�ucXw, 2012,by EMMA VIAMONTES who( )is personally known to me or ( ) who has produced 0A,,v i',/3 4 as identification. .N a Marie qu,9, ti ti 14�C� i z 1 "CF- y tz ary Public �� ••• N •r_ Print Name: . ,• co832769 'r My Commission expires: i.)," "2-0'.2- OR BOOK 3446 PAGE 2010 LEGAL DESCRIPTION: RIGHT OF WAY EASEMENT AN EASEMENT FOR ROAD RIGHT OF WAY,DRAINAGE AND UTILITY PURPOSES OVER,UNDER AND ACROSS A PARCEL OF LAND LYING IN SECTION 29,TOWNSHIP 35 SOUTH,RANGE 39 EAST,ST.LUCIE COUNTY, FLORIDA;SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 5 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND AS RECORDED IN OFFICIAL RECORD BOOK 1404 AT PAGE 1557 OF THE PUBLIC RECORDS OF ST.LUCIE COUNTY,FLORIDA. "NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4;SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE NORTH 85 FEET OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 ALL IN SECTION 29,TOWNSHIP 35 SOUTH,RANGE 39 EAST,SAID PROPERTY BEING OTHERWISE DESCRIBED AS LOTS 18,23,26 AND THE NORTH 85 FEET OF LOT 31,AN UNNAMED SUBDIVISION OF SECTION 29,TOWNSHIP 35 SOUTH, RANGE 39 EAST,AS PER PLAT THEREOF RECORDED IN PLAT BOOK 3,PAGE 23 OF THE PUBLIC RECORDS OF ST.LUCIE COUNTY,FLORIDA. EXCEPTING THEREFROM ALL RIGHTS OF WAY FOR PUBLIC ROADS AND DRAINAGE CANALS. LESS AND EXCEPT ALSO THE FOLLOWING: ALL OF THE FOLLOWING DESCRIBED PROPERTY LYING SOUTH OF OKEECHOBEE ROAD(STSTE ROAD#70)IN ST.LUCIE COUNTY,FLORIDA,TO WIT: SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE NORTH 85 FEET OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 ALL IN SECTION 29,TOWNSHIP 35 SOUTH,RANGE 39 EAST, SAID PROPERTY BEING OTHERWISE DESCRIBED AS LOTS 23,26 AND THE NORTH 85 FEET OF LOT 31,AN UNNAMED SUBDIVISION OF SECTION 29, TOWNSHIP 35 SOUTH,RANGE 39 EAST,AS PER PLAT THEREOF RECORDED IN PLAT BOOK 3,PAGE 23 OF THE PUBLIC RECORDS OF ST.LUCIE COUNTY, FLORIDA." SAID EASEMENT CONTAINING 7,582 SQUARE FEET MORE OR LESS. Prepared By: Ron Harris,PLS County Surveyor June 20,2012 4 Brocksmith Road EXHIBIT Emma Viamontes Parcel ^