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Home My WebLink About18-022JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 4448064 OR BOOK 4146 PAGE 512, Recorded 06/18/2018 11:38:08 AM RESOLUTION NO. 2018-022 A RESOLUTION ACCEPTING A TRANSIT SHELTER EASEMENT ON PRIMA VISTA BOULEVARD ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: 1. The Transit Shelter Easement from BW Prima Vista Floresta, LLC, attached hereto and incorporated herein as Exhibit "A", is duly accepted on behalf of St. Lucie County. 2. The Chair is authorized to execute the Transit Shelter Easement on behalf of St. Lucie County. 3. This resolution shall take effect on the date of adoption. PASSED AND DULY ADOPTED this 20th day of FEBRUARY, 2018. ATTEST: r `gin - I ,.� BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA r B Cna�r APPROVED AS TO FORM AND CORRECTNE BY: County oiney 5:\ATTY\RESOLUTION5\2018\Transit Shelter Easement.BW Prima Vista Floresta LLC.docx OR BOOK 4146 PAGE 513 Prepared by and after recording return to. Brightwork Real Estate, Inc. 3708 Swann Avenue, Suite 200 Tampa, FL 33609 TRANSIT SHELTER EASEMENT THIS TRANSIT SHELTER EASEMENT made as of this,01- day of Fe- "&,,� , 2018, by and between BW PRIMA VISTA FLORESTA, LLC, a Florida limited liability compady, whose address is 3708 W Swann Ave, Suite 200, Tampa, Florida 33609 ("Grantor"), and ST. LUCIE COUNTY, Florida, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982 ("Grantee"). WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby convey forever to the Grantee, its successors and assigns, a non-exclusive unobstructed right of way and easement with the right, privilege, and authority to said Grantee, its successors and assigns, to construct, operate, use, maintain, improve, and/or repair Grantee, its successors and assigns, to construct, operate, use, maintain, improve, and/or repair either above or below the surface of the ground, facilities and associated improvements for a transit stop shelter (shown in Exhibit A), over, through, across, or under the following described land located in St. Lucie County, Florida, to wit (the "Easement Property"): See Exhibit A attached hereto and incorporated herein. TOGETHER with the non-exclusive right of said Grantee, its successors and assigns, of ingress and egress to and over said Easement Property, and for doing anything reasonably necessary or useful or convenient or removing at any time any and all of said improvements under or in said Easement Property, together also with the right and easements, privileges and appurtenances in and to said land which may be required for the enjoyment of the rights herein granted. THIS EASEMENT is granted subject to the following terms and conditions: 1. The Grantor and its successors and assigns may authorize and may use the Easement Property for any purpose that does not reasonably interfere with the use and enjoyment by the Grantee of the rights granted by this instrument. Page 1 of 6 Transit Shelter Easement PSLD BW PRIMA VISTA FLORESTA OR BOOK 4146 PAGE 514 2. The Grantee shall install, improve and develop the Easement Property as set forth in Exhibit B, which shall consist of a transit shelter and related improvements. No other improvements shall be installed without the Grantor's prior written consent. Grantee shall maintain the transit shelter and any other improvements installed with Grantor's consent, in good condition and repair, free of trash and rubbish. 3. In its use of the Easement Property, Grantee shall comply with all applicable State, municipal, and local laws, and rules, orders, regulations and requirements of governmental departments and commissions. 4. No property of Grantor shall be destroyed, displaced or damaged by Grantee in its use of the Easement Property without the prior written consent of Grantor and the express agreement of the Grantee to promptly replace, return, repair, and restore any such property in a condition satisfactory to Grantor upon demand. 5. To the extent allowed by law, the Grantee shall indemnify and save harmless Grantor, its officers, directors, trustees, agents and employees against any and all loss, damage, claim of liability whatsoever due to personal injury or death, or damage to property of others directly or indirectly, due to the exercise by the Grantee of the rights granted hereby, or any other act or omission of Grantee. 6. The Grantee shall confine activities on the Easement Property strictly to those necessary for the enjoyment of the use hereby granted, and shall refrain from marring or impairing the appearance of said Easement Property, obstructing access thereto, interfering with the transaction of Grantor's business and the convenience of the public, jeopardizing the safety of persons or property, or marring, damaging or defacing Grantor's adjoining property and buildings, or causing justifiable public criticism. 7. Should any one or more of the provisions of this agreement be determined to be illegal or unenforceable as to one or more of the parties, all other provisions, nevertheless, shall remain effective and binding on the parties hereto, provided the essential terms for each party remain binding and enforceable. 8. This agreement represents the final agreement of the parties and no agreements or representations, unless incorporated in this agreement, shall be binding on any of the parties, and no portion hereof shall be amended or modified unless such change shall be in writing and signed by both parties hereto. [The next page is the signature page.] Page 2 of 6 OR BOOK 4146 PAGE 515 IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its duly authorized officer and its corporate seals to be hereunto affixed as of the day and year first above written. Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF HILLSBOROUGH GRANTOR: BW PRIMA VISTA FLORESTA, LLC, a Florida limited liability company By: Brightwork Real Esyate, Inc., i Manager By: T. ustin Simmons Ice President The foregoing instrument was acknowledged before me this day of January, 2018, by T. Austin Simmons, as Vice President of Brightwork Real Estate, Inc., the Manager of BW PRIMA VISTA FLORESTA, LLC, a Florida limited liability company, on ehalf of said company. He is personally known to me. ✓"g�,ASHLEY P RUTHERFORD Notary P MY COMMISSION # GOOM791 EXPIRES Mann 08, 2021 Print or Type Name Page 3 of 6 OR BOOK 4146 PAGE 516 ATTEST: ram"O'llro.'. 6z; .. 0 r M��+s+ 40 M�kr STATE OF FLORIDA COUNTY OF ST. LUCIE GRANTEE: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chair APPROVED AS TO FORM AND COF BY: The foregoing instrument was acknowledged before me this 20th day of FEBRUARY, 2018, by Frannie Hutchinson who is personally known to me. Ul"" NoWry Public MNN M. RILEY Comn ims m 0 GG W939 ;r �tes Expires Daeembet 13, 2020 • :�{ °.�° Banded Thu Tmy Fab Y&M" !0WWIM Page 4 of 6 OR BOOK 4146 PAGE 517 JOINDER AND CONSENT OF LENDER THIS JOINDER AND CONSENT OF LENDER ("Consent") is made this 10 4-hday of January, 2018, by VALLEY NATIONAL BANK AS SUCCESSOR IN INTEREST TO USAMERIBANK ("Lender"). Lender is the owner and holder of a mortgage from BW PRIMA VISTA FLORESTA, LLC, a Florida limited liability company ("Owner") encumbering the property legally described as follows (the "Property"): Lots 1, 2, 3, 4, 5, 46, 47, 48, 49 and 50, River Park Unit 5, according to the map or plat thereof, as recorded in Plat Book 11, Page(s) 31, of the Public Records of St. Lucie County, Florida. In this regard, Lender hereby joins and consents to the terms and conditions of that certain easement ("Easement"), to which this Consent is attached, and subordinates its mortgage to the terms and conditions of the Easement. No liability is undertaken by the undersigned by the execution and delivery of this Consent. WITNESSES: [Printed name of witness] M, [Printed name of witness] STATE OF FLORIDA COUNTY OF HILLSBOROUGH LENDER: VALLEY NATIONAL BANK, as successor in interest to USAMERI NK BY: Joseph A. gga , Senior Vice President The foregoing instrument was acknowledged before me this 10L41day of January, 2018, by Joseph A. Taggart, Senior Vice President of VALLEY NATIONAL BANK AS SUCCESSOR IN INTEREST TO USAMERIBANK. Who is personally known tome. HELEN M. DION MY coMMISSION # GG 047853 EXPIRES: bk U fi, 20ri0 =t4•, galled lief Notary Puu Notary Public kkfr2✓I /4. E1i0ri Print or Type Name Page 5 of 6 OR BOOK 4146 PAGE 518 EXHIBIT A Legal Description of Easement Area Page 6 of 6 OR BOOK 4146 PAGE 519 SKETCH OF DESCRIPTION (NOTA BOUNDARYSURVEYJ LEGAL DESCRIPTION: PART OF LOT 2, INCLUSIVE, BLOCK 45, RIVER PARK — UNIT FIVE, ACCORDING TO THE PLAT OR MAP THEREOF, AS RECORDED IN PLAT BOOK 11. PAGE 31, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. DESCRIBED AS FOLLOWS LEGAL DESCRIPTION: COMMENCE AT THE SOUTHWEST CORNER OF LOT 5, BLOCK 45 OF SAID RIVER PARK — UNIT FIVE; THENCE, ALONG THE WEST LINE OF SAID LOT 5, N21*V13"W, A DISTANCE OF 120.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 5, SAME BEING THE POINT OF CURVATURE OF A NON —TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1947.09 FEET AND A CENTRAL ANGLE OF 08 41'07- (CHORD BEARING N64ti2'14'E, A DISTANCE OF 294.87 IFEM THENCE, ALONG THE SOUTHEASTERLY RIGHT—OF—WAY LINE OF NORTHEAST PRIMA VISTA BOULEVARD, 295.18 FEET ALONG THE ARC OF SAID CURVE TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE 14.00 THROUGH A CENTRAL ANGLE OF 00'24'43' (CHORD BEARING N59'29'19'E, A DISTANCE OF 14.00 FEET} THENCE S3O`IIW20'E, A DISTANCE OF 7.00 FEET; THENCE 14.08 FEET ALONG THE ARC OF A NON —TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1.954.09 FEET AND CENTRAL ANGLE OF 007211V " (CHORD BEARING S59'29'25'W, A DISTANCE OF 14.08 FEET); THENCE N29'41'05'W, A DISTANCE OF 7.00 FEET TO THE POINT OF BEGINNING. CONTAINING 98 SQUARE FEET OR D.002 ACRES, MORE OR LESS. GRAPHICSCALE 80 0 80 1 irnri = W Feet f YRi g0 IJtiE RJO N0 B A PONT 1>F -nS Y • BANG SOUIHF_ASTERLY RKINT—OF—WAY LINE OF ""EAST PRpMA VISTA 90ULEVAim DELTA: 841'07- 1 CHORD: N64'02'14'E, 294,87' RADIUS: 1,947.09' ARC: 295.16 NORTHWEST CORNER LOT s, BLOCK 45 LOT3 BLOCK 45 LOT4 BLOCK 45 WEST LNE OF LOT 5. BLOCK 45 ZTj LOT 5 BLOCK 45 PONT OF LOY 5 LOT 47 T CORHE7t BLOCKWU;I BLOCK 45 LOT 46 BLOCK 45 LOT 45 BLOCK 45 AfflMdow FIELD MEASURIEMW LB LIOEN5FD BUST ESS NUMBER LICENSED SURVEYOR PRDF�'S101ML Li1ND 50KVEYOR P.0A POW OF BE9MNG P.O.C. POW LF COIl1E11Ct7ENT' EOI surveying >� 8415 Sunstate Street Tampa, Florida 33834 Phone: (813) $86-60801 Fax: (813) 88MOSI Certilieate o1 Au4tlonzabon Humber: LB-7652 DATE: 11/30/2017 DRAWN: E'WB CBECSIM1 HAK REVIROP: FUZ: BW098SHELTSODX.dwg PROJECT NUMBER: BUTE'0009 EASEa1ETtr `�o � 1 q LOT] u1� BLOCK 45 o� LOT2 BLOCK 45 LOT 50 \ BLOCK 45 LOT 49 BLOCK 45 LOT 48 BLOCK 45 LINE TABLE LINE BEARING LEAIGTH Lt S801820-E 7.00' L2 N2941'05"W 7.00' CURVE TABLE CURVE ARC LENGTH I RADIUS I CHORD BEARING CHORDM4. C1 14,00' 1947.09' N59'49'18-E 14.D0'C2 14.Oe' 1954,09' S59R9'25"W 14.08' SURVEY REPORT, 1. UNLESS DIGITALLY SIGNED AND SEALED. THIS SKERM OF DESCRIPTION AND/OR REPORT OR THE COPES HEREOF ARE HOT VALC IIETHOUT TIE SKiIATURE AND THE OWONA. RASED SEAL OF A FLORIDA LKSISED SURVEYOR AND YAPPER. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS 13Y OTHER THAN THE SIGNING PATTY OR PARTIES ARE PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIG TKO PARTY OR PARTIM SKETCH OF DESCRIPTM BUS SHELTER EASEMENT PART OFLOTS 1-5, BLOCK 45 RIVER PARK- UNIT FIVE ST. LUCIE COUNTY, FLORIDA SHEET NO. l OF T I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION WAS MADE UNDER MY DIRECTION AND MEETS THE STANDARDS OF PRACTICE REQUIREMENTS OF CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. Digitally signed g y 'by Henry Kilburn Of Date: A 22017.11.30 16:15A 7-05'00' HENRY A. KU BURN, PSu Ueense Number. LS-6661 Date Signed.'