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Home My WebLink AboutLETTER-WATER CONTROLl CANNED A i BV St Lud c II&Ahty �,�►ticr 5bv�, AVIZ_ 1019085 Dot?rl_19 1;Txf)N FORT PIERCE FARMS WATER CONTROL DISTRICT $SL'- 3 �.Clork A RESOLUTION RELATING TO LEGAL ACCESS i.^. a i By Q-4J_ PRIVATE LANDS OVER FACILITIES � . Deputy Ckrk WITHIN DISTRICT RIGHTS -OF -WAY total_ ) WHEREAS; the Board of Supervisors of the FORT PIERCE FARMS WATER CONTROL DISTRICT (the "District"), ricites the following facts and determinations based thereon: 1. The District was organized in the year 1919 and continues in existence pursuant to the General Drainage Laws of Florida, Chapter 298, Florida Statutes: its primary boundaries include a significant land mass within the northwestern part of St. Lucie County, F]orida (the "County"), and its works comprehend many miles of rights -of -way composed of excavated canals and adjoining maintenance berms, numerous of which 1fe adjacent to dedicated public roads, physically separating such roads from the private lands they serve. 2. The District was,, taxing district for the si including drainage, to Ian by law to construct or mai related facilities, includ providing access to the lai permit landowners and Coum will result to the -Dish utilization and maintenanc 3. In keeping with creation which favors non rights -of -way by affected acting by and through the oral and written permits and bridge and culvert cr order to provide public a District. Thesepermit irrevocable in form. In: District to the County ovi ind is, organized as a quasi -public, special benefit ;ular purpose of providing surface water management, i within. the District boundaries;'it is not required :ain within its rights of way a -system of 'roads and ig bridges or culvert crossings, for the purpose of s within, or adjacent to, its boundaries, but it may r to do so under circumstances assuring no prejudice ct in meeting its singular purpose- through full of its right-of-way assets and related facilities. Licy consistently applied "by the District since its ouflicting utilization of necessary portions of its andovners and, where of general benefit; the public )unty, the District has extended over the years both landowners and County for the maintenance of roads sings over and upon portions of its rights -of -way in private access to lands within and adjacent to the where express, have been both revocable and :quently, legal easements have been granted by the portion¢ of rights -of -way. 4. Pursuant to permits, both formal and informal, roads have been improved and maintained over the Jyears within or upon District rights of way at both public and private expense. .Likewise, bridges and culverts have been installed and maintained providing crossing access to lands separated by canal excavations from publicly dedicated roads or from so-called "berm" roads. 5. Over the past two decades, significant development lands within and adjacent to the boundaries of the District will continue. Over the same period, land values within District's boundaries have increased several fold. Both of and urbanization of has occurred, which and adjacent to the these phenomena have UK 673 PACE 224 1 resulted in the application to District lands of more stringent standards of review by land title examiners and title insurance underwriters, many unfamiliar with local physical and historic conditions, which standards relate to the concept of availability of legal access to lands as a necessary incident to the marketability of their titles. With an alarming degree of frequency, the titles to lands within and adjacent to the District's boundaries are being found unmarketable and rejected for sale or as mortgage security because they are served by roads and/or culvert or bridge crossings over or upon District rights -of -way for which there is no evidence appearing among the public records of the County granting irrevocably permission for the continued maintenance and use of such facilities 'proYiding access. This condition has been further aggravated by the State of Florida, Department of Insurance that has amended Florida Administrative Regulation 4-21.003, effective June 25,-1986, requiring all Florida land titles to bel insured as,"marketable", as opposed to the lesser standard of insurance formerly prevailing of "insurable". 6.. The District, acting by and through its duly, elected and authorized Supervisors, has determined that public good would be served by spreading upon the public records of County Chis Resolution granting, affirming and'confirming, retroactively and irrevocably; permits for the continued use and maintenance of roads and other access facilities, including bridge and culvert crossings, located within District rights of -way, subject, however, to the paramount rights of District as hereinafter delineated and described. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the FORT PIERCE FARMS WATER CONTROL DISTRICT, at its regular meeting held December 11, 1989, as follows: A. IRREVOCABLE GRANT. Dis as may be most appropriate, to lands within or adjacent to Dist lands, an irrevocable permit (su for the continued use and mainte canal crossings (bridge or culti both pedestrian and vehicular, been, heretofore, located with knowledge of District as evidenc the continuous existence and u period of seven (7) years•preced B. ABANDONMENT, ETC., OF F affirmation of permit evidenced abandoned, destroyed, or substan District agrees irrevocably to i r those served by any destroyed replacement or restoration, at t t at a new location designated by like utility to the benefitt restoration -shall be accomplishe by District as evidenced by its trict hereby gives, grants, affirms or confirms, County or to affected and benefitted owners of rict,boundaries, and as an appurtenance to such bject to the limitations hereinafter set forth), mance of insialled..facilities, whether roads or ,ert), providing convenient ingress and egress, to such lands, which facilities are, or .have in or upon District rights -of -way with the ed by express permits or as may be inferred from se of such facilities, or any of them, for a ing the date of this Resolution. CILITY. The irrevocable nature of any grant or by this Resolution shall terminate as to any ially damaged facility, provided, however, that isue a replacement permit in recordable form to r substantially damaged facility allowing its expense to District, at the same location or District, provided such new location furnishes td lands, and provided, further, that the I pursuant to plans and specifications approved ecordable permit. 673 PAGE 225 C. LIMITATIONS UPON IRE Item A. above -shall be limite (1), The primary and pal and maintenance related to rights -of -way to include the debris excavated from can rights=of-way. The .paramou rights -of -way likewise extea there is maintained by Count canal.cleaning is calculated of road utility, District maintenance schedule to those at their •expense, to have e restore the road to its formE (2). The District rese facilities and to establish maintenance of roads or crol interfering with the surface from impairing the hydrolc required replacement or mail cancellation of the permit e right,of suspension or cane: .The grant by District embodied in : to,' the. following.. amount right of District to conduct its operations surface water management .within and upon its depositing thereon -of spoil material and other Is as a part -of routine maintenance, within It right to deposit material and, debris .upon Is to those rights -of -way upon, or within, which.. q or by affected owners a roadway. In_ the. event to result in,temporary interruption or destruction will endeavor to give advance notice , of 'its maintaining and/or using such"road to permit them, ;uipment and contractors Immediately -available to r utility following canal cleaning. ves,the right to direct replacement of, crossing And specify criteria for such- replacement or for :ing facilities 1n order to prevent the same from water management responsibilities of District` -or ,ic capacity of canal excavations.' Failure of :enance of a facility may result in suspension or idenced by this Resolution for such facility, such Lation being expressly reserved to District hereby. '(3). The rights reserved to District by this Item C, sub -parts (1) and (2) above, are solely for the protection of District in fulfilling its singular purpose as herein described,) and, in any exercise thereof, no responsibility is assumed by District for the functional utility, safety or -soundness of any permitted facility. D. APPLICATION.' The grants or confirmations of permits evidenced by this Resolution'. shall have no Iprospective application. All access facilities, whether roads, canal crossings, or other, hereafter to be constructed or located upon District rights-of-wayImust be approved by District and constructed to its approved plans and specifications, all as will be more fully evidenced by, an irrevocable permit in recordable•form, executed in the name of District by the President of its Board of Superviscre'or by -its designated General Manager. The form of permit shall delineate and describe the parcel or parcels of land within, or adjacent to, District boundaries intended to be benefitted or.served by the facility and to which such facility shall be deemed appurtenant. The Irrevocable Permit shall be in form and content established by District ',from, time to time. This Resolution and, the permits granted, and confirmed' hereby pertain exclusively to facilities providing -access to lands and are intended to support findings.' in appropriate cases that legal access is afforded lands within, or adjacent to.' District boundaries. The benefits hereof shall not be deemed to extend to any facilities iniended solely for water control, transport or use. c� 3 BOOK 673 PAGE 226 ti E. '-RELEASE, INDEMNITY HOLD HARMLESS. Acceptance of benefits accorded by the permits granted or confirmed hereby. which acceptance shall be evidenced by the continued use of thel subject facilities providing access to, lands by County or by private owners, their guests 'or invitees, shall evidence the agrim,ment by 63tonty'laubjest; h6wever, to the 111"Itatlo"a "pnn the valver of sovereign immunity in tort actions provided by Section 768.28, Florida Statutes (1988)) or,by such- owners, as their :Interests may appear, that District Is released by them, or that theY will Indemnify and hold harmless District "from, any and all claims related to such facilities or their use for personal'injury Or ' property damages including cost of litigation. 'counsel fees, attendant thereon, and damage to facilities caused by District as a result of its paramount maintenance activities. F. EFFECTIVE DATE. Thij -Resolution, and the benefits granted or confirmed by same, shall have retroactive application from December 11, 1989. PASSED AND DULY ADOPTED this 11th day of December, 1989. FORT PIERCE FARMS X&TZ9 CONTROL DIPICTr. ' B y President, and of Sup is J. Attest: 0 PREPARED AND APPROVED AS TO FORM- f Jr Distr SWORN. -a Y L No P BED before me this 1989. of Fla. at.Larqe FLORIDA 123.11M S.UND. secretary 1019085 JAN K P252 6 F ILH r4D R' � Of S1LU`_'..*. 4 BOOK673 rAcE 227