HomeMy WebLinkAbout1992 License Granted to Bettina BoudrotBOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32960
Telephone: (407) 567 -8000
Ms. Bettina Boudrot
1302 Indian River Drive
Sebastian, FL 32958
Dear Ms. Boudrot:
May 27, 1992
:7
Suncom Telephone: 224 -1oi l
You have asked this Board for permission to refinance your property
without being considered in breach of the license issued to you by the
County, said license concerns a slight and long standing incursion into
the County's right -of -way on Indian River Boulevard, Sebastian,
Florida. Paragraph 7 of said license requires written permission of the
grantor for any transfer of interest whether direct or indirect.
This letter is to affirm that mortgaging your property will not be
considerd a breach of your license from the County. All other terms
and conditions of the license remain unchanged.
Very truly yours,
Carolyn K. Eggert
Chairman
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A pare-. -1 of 1"Ild seven feet in width lying within Indian River Drive
right- -of -way, In Section 6, Township 31 South, Rang* 39 Beat, Indian
River County, Florida, being more particularly described on follows-
Beginning at the Intersection of the north line of the South 23.3 feet
of Lot P' Block 3, of Hardee Subdivision, an recorded in Plot book 4,
Page 74. of the Public Records of St. Lucie (now Indian River) County.
Florida, and the east right -of -way line of Indian River Drive
f66 foot right- of -woy), proceed S 00026'42" E along said right -of -way
line n distance of 2.00 feat- thence Into said right -of -way N 67036'23 Y
along a line parallel to and 2.00 feet Southerly of sold north line of the
South 23.5 feet of Lot 2 a distance of 7.01 fsetf thence H 00026'42" Y along
a line parallel to and 7 feet vest (when seesurad perpendicular) of the
east right -of -wey line of Indian River Drive a distance of 47.08 feat to
a point on the westerly extension of the north line of Lot 2f thence
S 87036123" R along said westerly extension lies a distance of 7.01 feat
to the northweet earner of Lot 2f thence S 00026'42" 11 along the seat
right -of -wey line of Indian River Drive a distance of 65.08 feat to the
POINT nF BEGINNING.
Conlnining 463.65 Square Feet. STATE OF FLORIDA
INDIAN[.#IVEI COUNTY- -
pool FS THISAS T& RTIFY, THAT.-THIS
Thin In not a boundary Survey. A'ii0f'A"Nb CORRECZCOPY (
This sketch of description was compiled from a field survey THE ORIGINAL ON FILE IN THI;
of the North
Morgan t Eklund ,f Inc. oonL7 /12 /6Aland3refl6ett conditionsnexlatin�
on the date of survey. JEFFREY K. BARION, CI
Lends shown hereon were not abstracted for rights-of-we,, BJ` A&&' ., ` �". 1 d
"neements of record or ownership.
DATE" �i 46 <
This eurvoy is not valid unions sealed with an oaboseed surveyor's sees.
Raxia of bearings is assumed, holding the east right-of-way line r
of Indian River Drive es bearing 42" W.
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RECORD VERIFIED
LICENSE FOR USE OF COUNTY RIGHT OF WAY .JEFFREY K. BARTON
CLERK CIRCUIT COURT
TATE V.'ILORIDK INDIAN RIVER CO.. FLA
vD1Ar,{;`COtufY L• ti A License is hereby granted by the Board of County
HIS�.W,.CERTIFY. jF XT tAlS ommissioners of Indian River County, Florida, whose address is •
TR iF ND CORkl& .60 0840 25th Street, Vero Beach, FL 32960, (hereinafter Grantor) to
I#E °0R1GINkL ON FILE IN the Bettina Boudrot, whose address is 1302 Indian River Drive,
E;.: Sebastian, FL 32958, ( herinafter Grantee) to occupy, maintain, and
Utilize the property described as follows:
JEFFREY K. BARTON, CLERK
Y r EXHIBIT "A"
''s ": ATTACHED HERETO AND MADE A PART HEREOF
(IlRetch Retch of legal description prepared by Morgan & Eklund, Inc. #2516.02)
2. This License is granted on a continuing basis and may be
terminated or modified according to the terms and provisions
contained herein.
3. The above described property shall only be used by the Grantee
for the presently existing structure which was built many years
ago and encroaches into the County right -of -way by the above
described area.
4. This License is granted in perpetuity subject, however, to
termination by the Grantor In the event the road is closed,
abandoned, vacated, discontinued or reconstructed. Further, if •
the current structure is replaced it shall be reconstructed outside
of the right -of -way.
5. Grantee shall not occupy or use or permit or suffer the premises
or any part thereof, to be occupied or use for any unlawful or
Illegal business or purpose, nor in such manner as to constitute a
nuisance an any kind, nor for any purpose nor in any way in
violation of any present or future laws, rules, requirements,
orders, ordinances, regulations of the United States of America, or
of the State, County or City government, or their administrative
boards or agencies.
6. The Grantee covenants that, during the term of the License, the
Grantor will have no responsibility for the maintenance of the
premises, including any improvements thereon, and the Grantee
will, at its own expense, keep in good order and repair, all
Improvements on the licensed premises.
7. Grantee shall not, either directly or indirectly, assign, sublease,
hypothecate, or transfer this License or any interest therein
without written permission of the Grantor.
8. The governing body of Indian River County reserves the right of
good and sufficient reason, to terminate and cancel the License, in
accordance with the terms and conditions hereof, by Resolution
duly passed by said governing body, all rights granted
hereunder shall thereupon be considered fully terminated and
cancelled and Indian River County shall not be held liable by
reason thereof.
9. As a condition hereof, Grantee agrees and is bound to hold Indian
River County harmless against any all claims for damages, costs,
and expenses, to persons or property that may arise out of, or be
occasioned by the use, occupancy, and maintenance of the above
described public property by Grantee.
ATTEST:
Jin�.
Je re Barton, Clerk
room Rive Cn
Approved
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Admen.
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3-31- 12
Budget
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INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
Caroly>jr%K . Eggert hairman
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PARCEL NO. 01- 0080 -002.0
33RD STREET
LEGAL DESCRIPTION FOR ADDITIONAL RIGHT -OF -WAY FOR 33RD STREET:
THE NORTH 30 FEET OF THE SOUTH 60 FEET OF THE WEST 315 FEET OF THE
WEST 10 ACRES OF TRACT 8, SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39
EAST ACCORDING TO THE LAST GENERAL PLAT OF LANDS IN INDIAN RIVER
FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT
OF SAINT LUCIE COUNTY, FLORIDA, IN PLAT BOOR 2, PAGE 25; SAID LAND
NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND CONTAINING
0.22 ACRES, MORE OR LESS.
Prepared by: MARSHALL, McCULLY & ASSOCIATES `
2012 28TH AVENUE
VERO BEACH, FLORIDA 32960
W.R. cCULLY,
(407) 569 -9877
Date 9 -3 -`7�
( CHL8 -2 )
EXHIBIT. A
INDIAN RIVER COUNTY
INTER - OFFICE MEMORANDUM
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TO: Board of County Commissioners �}-
FROM: Terrence P. O'Brien - Assistant County Attorney c� t"/
DATE: May 27, 1992
RE: LICENSE GRANTED TO BETTINA BOUDROT
The attached license was granted by the Board on April 7, 1992. The
purpose of this license was to approve a slight and long standing
incursion into the County right -of -way of Indian River Drive,
Sebastian.
The grantee is in the process of refinancing the property and a
question has been raised by the lending institution as to paragraph #7 ,
of this license. Paragraph 7 states as follows
Grantee shall not, either directly or indirectly assign,
sublease, hypothicate or transfer this license of any interest
therein without written permission of the Grantor.
The grantee by the attached letter has requested the County's
permission to give a mortgage without violating the terms of the license.
Staff recommends that the licensee be informed that refinancing will not
result in a breach of paragraph 7 of the license. A letter to this effect
is attached.
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Attachments
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