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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 CKE /Ob 3 e— / f • • io^ O W FE Q Z OF L O T 2 I 3 � t.gc��_ue��glPt3oN 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. N • ItZ5 (? 1. 2. 3. 4. S. MORGAN A EV.LUNX INt. 16 000011 610HAl Solvay eeN /sitA .N..a 1. ,.... ..... ,.. ........ ,,� 1501W '°" SKE70H OF a.vu.11.f Virg VI? BET TINA BOUDROT ma l/101� s • �O 0 / 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 Dale Admen. Legal p 3-31- 12 Budget , INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Caroly>jr%K . Eggert hairman 07 n U O co • • C • Cx U'vt_ 41 I I Z ' v C- CL-L I� cX. S �.L �'�— v\, o 1 0 Ca Ch nt C L% C- 0 jn C� � LU N(- � liV l 6`,L1 vl�t�i�� -3 C'L� '1 CL ►`,Z -� c.L "ALL `"rCs n ro i)-E L,4k- CLO-io-LTJ-CV\- �-v gyp. cr (TLII- 1 'Ics 6 -- • • • • 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 • 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. TPO /sb Attachments 00L, Y tii ► :�.v -z- • 0 W3s Ad;r n 2 rL- Leaa! Q D�tt. Risk Mgr. -z- • 0 W3s