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Home My WebLink About1992 County TransmittalPO : FROM: SUBJECT: DATE: INDIAN RIVER COUNTY, FLORIDA MEMORANDUM James E. Chandler, County Administrator James W. Davis, P.E., Public Works Director - License Agreement to Permit Existing House to Encroach Indian River Drive Right -of -way in City of Sebastian March 20, 1992 FILE;, boudrot.agn DESCRIPTION AND CONDITIONS For many years, the residence of Bettina Boudrot, 1302 Indian River Drive in Sebastian, has encroached the County owned Indian River Drive right -of -way by, approximately six feet (see attached sketch). Mrs. Boudrot would like to refinance her residence and the Title Insurance Company would like acknowledgement from the County that the en- croachment exists and is permitted. The County Attorney's office has drafted the attached License to satisfy the concerns of the Title Company. ALTERNATIVES AND ANALYSIS At the present time, the Public Works Department has no plan to widen Indian River Drive in this location. City of Sebastian has indicated that it would - prefer' to assume jurisdiction of Indian River Drive to facilitate'a' River - front Development Plan. The County and City staff are in the process of preparing documents to effect the - transfer. Whereas staff does not condone encroachments of buildings into County right -of -way, this building has'-evidently been in existence for many years and has posed, no' significant problems to our knowledge. The alternatives'are''as follows: Alternative # 1 Approve the license agreement as prepared and authorize execution by the Chairman. Alternative # 2 Request the encroachment to be removed. RECOMMENDATIONS AND FUNDING Staff recommends Alternative #1 whereby the License Agree- ment be approved. ATTACHMENT License for Use of County Right -of -Way DISTRIBUTION IN �1) Ms. Bettina Boudrot � 2) Rob McClary, City of Sebastian ' 3) Terry O'Brien, Asst. County Attorney 4) Albert VanAuken, Road & Bridge Superintendent APPROVED AGENDA ITEM FOR 04 -07 -92 BY rt 123242S 0 �`I LO Ind!m River Ca Approved Date Admin. Legal Budget Dept. = 3 3L F P.is Mgr, ��0168 3/12/92(La gal) .cloc(Ob) LICENSE FOR USE OF COUNTY RIGHT OF WAY 1. A License is hereby granted by the Board of County Commissioners of Indian River County, Florida, whose address is 1840 25th Street, Vero Beach, FL 32960, (hereinafter Grantor) to the Bettina Boudrot, whose address is 1302 Indian River Drive, Sebastian, FL 32958, (herinafter Grantee) to occupy, maintain, and utilize the property described as follows: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF (sketch 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 expe.j es, to persons or property that may arise out of, or be peca3ioned, by the use, occupancy, and maintenance of the above c��`►d ibed ublic property by Grantee. Jeffrey K. Barton, Clerk Indian River Ca Approved 11� Admin, ,ATTEST %..�r Legal Qudget Jeffrey K. Barton, Clerk Indian River Ca Approved Date Admin, Legal Qudget DCP R! &k Mar INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Carolyn K. Eggert, Chairman �D Cp LLJ C) QC Z Z OF L 0 T 2 3 cr LEGAL_DESCRIQTION A pnrcol of land seven feet in width lying within Indian River Drive right- of -wny, in Section 6, Township 31 South, Range 39 East, Indian River Colmly, Florida, being more particularly described as follows: Beginning at the intersection of the north line of the South 23.5 feet of Lot. 2, Blocic 3, of Hardee Subdivision, as recorded in Plat book 4, Page 7,1, of the Public Records of St Lucie (now Indian River) County, Florida, and the east right -of -way line of Indian River Drive (66 font rig11L -of -way), proceed S 00026142" E along said right -of -way lino a distance of 2.00 feet: thence into said right -of -way N 87036'23 W along n line parallel to and 2.00 feet Southerly of said north line of the South 23.5 feet of Lot 2 a distance of 7.01 feet= thence N 00026'42" W along a line parallel to and 7 feet west (when measured perpendicular) of the east right -of -way line of Indian River Drive a distance of 67.08 feet to a point on the westerly extension of the north line of Lot 2) thence S 87036'23" E along said westerly extension line a distance of 7.01 feet to the northwest corner of Lot. 2s thence S 00026'42" E along the seat right -of -way line of Indian River Drive a distance of 65.08 feet to the POINT '(IF BFGIHNING. Con Lcilning 465.65 Square Feet. N01 9: 1. 'I'tiia fa not a Boundary Survey. 2. This sketch of description was compiled from a field survey of the North 65 feet of Lot 2, Block 3, Hardee Subdivision by Morgan S Eklund, Inc. on 7/12/88, and reflects conditions exfatirl'g on the date of survey. 3. Landa shown hereon were not abstracted.for rights -of -way, 1-nnements of record or ownership. 4. Thle s1lrvAy is not valid unless sealed with an embossed surveyor's seal. 5. Basin of hearings is assumed, holding the east right -of -way line of Indian 1(iver Drive as bearing M_004%'42" W. W b 11 W J U h "�'°" ° "' SKETCH OF `5160 MORGAN $ EKLUN INC. r %,` d„ .Im;;%p P5/60P a rt err ►!O!lSS10NAl SURVEY CONSUL TA n °a EGAL DESCRIPTION. ao�z SM" 1100 11. a,. 100.1 1140 1.1101■ if M1. R BET TINA BOUDROT � . �o• 1110 111<I,, II aaNe 1u1i1 f01 Imrl air �1 JM�K MW Pr OlpaC O ur•nr•uu 11unu1 la.cw. n.n r•1. ur, n n ar. rt vn WAZ Gp. evrr l v I wr. ul. ule •r•1 aetr •/r••nl •1 .wr. rase _._