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Home My WebLink About05-027 ED , ., .~ "- "- o In '>- ., t: t.. o +- +- ~ >- +- t: :;¡ o '--' o +- t: t.. :;¡ +- ., C:l EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 2579944 03f1612005 at 02:21 PM OR BOOK 2188 PAGE 247 - 251 Doc Type: RESO RECORDING: $44.00 RESOLUTION NO. 05-027 A RESOLUTION ACCEPTING A TEMPORARY. CONSTRUCTION EASEMENT FOR THE SOUTH HUTCHINSON ISLAND EMERGENCY DUNE RESTORATION PROJECT ON BEHALF OF ST. LUCIE COUNTY EROSION DISTRICT BE IT RESOLVED by the St. Lucie County Erosion District, a Special Taxing District of the State of Florida, that: The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly accepted on behalf of St, Lucie County Erosion District this Bth day of MARCH, 2005. ATTEsT: ..~ .' C,OUNì' , ", ,,,,,.... ¡, .. -<. \:~".'...\)'i;~ ""t' f.") . /:;;."'::,.../ {',t] \<-'(;),'~ 12: -..... ii~:"-,"'"- ;'\ ., ~.:,. \1 !.{ E t ~', }-,:::~:,.:",~':>i.) \ ::~'~j b ST. LUCIE COUNTY EROSION DISTRICT, a Special Taxing District of the State of S11 ¡., .'-. -~, BY: APPROVED AS TO FORM AND CORRECTNEss: Jaft¡ A G; \ACQ\ WP\Janet\Beach Restoration\Resolution27. wpd This document prepared by JoAnn Riley under the direction of Daniel S. McIntyre County Attorney, St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Project Name: South Hutchinson Island Emergency Dune Restoration Project Parcel No. #01 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made this /'tfday of Fe..£ ,2005, by and between VILLA DEL SOL, INC., a nan-profit Florida Corporation, whose maiiing address is 11000 S. Ocean Drive, Jensen Beach, FL, 34957, hereinafter "Grantor", and ST. LUCIE COUNTY EROSION DISTRICT, a Speciai Taxing District of the State of Florida, whose address is 2300 Virginia Avenue. Fort Pierce, Florida 34982 hereinafter "Grantee". R Eel TAL S: WHEREAS. Grantor owns beach front property in St. Lucie County, FloridQ; and, WHEREAS, the property line for Grantor's property extends seaward to the Mean High Water Line CMHWL"); and, WHEREAS, the Grantee desires to assist in the implementation of an emergency dune renourishment project landward of the MHWL onto 0 portion of the Grantor's property as more particularly described on Exhibit "A", said project more particuiarly described hereafter as the South Hutchinson Island Emergency Dune Restoration Project (hereinafter referred to as the "Project"); and, WHEREAS. the sand sa deposited will be at points landward of the MHWL and thus on the Grantor's lands; and, WHEREAS, said Project ma)' involve persons and equipment crossing over (landward of) the MHWL ond on the Grantor's property in order to place the sand according to the Project pions; Qnd. WHEREAS. the Grantor acknowiedges and agrees that the Grantee mey grant and G \ACQ\\\IP\Jonet\Beach ~c£icrctlon\\!¡¡o De! SOl ~ncwpdl- convey any and ail rights vested in the Grantee hereunder to such other entities as it deems necessary in order to fully carry out the intent of the Project: and, WHEREAS. Grantor recognizes that its remaining land shall benefit from this Emergency Dune Restoration Project: and, WHEREAS, Grantor hereby waives any and all rights to compensation which may be due Grantor by reason of the tronsactions contemplated herein in consideration of the benefits to be derived by the Project: this waiver shall not be construed to prevent a claim against Grantee's contractor if the contractor damages the Grantor's structures and property outside the easement area. NOW, THEREFORE, in consideration of the mutual benefits, covenants and conditions contained herein: 1. The parties acknowledge that the above recitals ore true and correct and hereby incorporate same as port of this Agreement. 2. Grantor does hereby grant, estabiish and convey unto the Grantee, its agents, successors and assigns, a temporary construction easement and temporary right-of-way in, on, over and across the land described in Exhibit "A" for use by the Grantee, its representatives, agents. contractors, and assigns, to construct, repair, nourish, rehabilitate and reploce a dune system and other erosion controi and storm damage reduction measures together with appurtenances thereto, including the right to deposit sand: to accomplish any alterations of contours on said land: to construct berms and dunes: to move, store and remove equipment ond supplies: to erect and remove temporary structures, and to perform any other work necessary and incident to the construction of the South Hutchinson Island Emergency Dune Restoration Project; to plant vegetation on said dunes and berms; to erect, maintain and remove silt screens and sand fences; to facilitate preservations of dunes and vegetation through the limitation of access to dune areas; to trim, cut. fell, and remove from said land all trees. underbrush, debris, obstructions, and any other vegetation, structures and obstacies within the limits of the easement within the footprint of the dune and beach berm provided the Grantee shall consult with the Grantor before any permanent structures are removed. The limits of construction shali be from the landward toe of the dune to the mean high water line of the Atlantic Ocean. 3. This easement shall run with the land and sholl be binding upon the Grantor and (his) (her) (its) (their) heirs, successors and/or assigns. This easement shall automatically terminate upon compietion of the Project or on March 1, 2006. whichever occurs first G:\ACc:r\WP',jQnet\¡;ec~h Rc.S1cn:;tipf1 ,\iille DcISo!,lncwpú2- /7 IN WITNESS -It~5 WHEREOF, this instrument is executed this 4 day of WITNESSES: VILLA DEL SOL, INC., non-profit Fiorida Corporation By: It's: ¿yff1 P JPa::? . Á /?- I'( 11 'I ~ ;;;: /l/ StL / ¿ Print Name STATEOF~ COUNTY OF _~~ _. I HEREBY CERTIFY, that on this da flcer duly authorized to take acknowledgments, personally appeared of VILLA DEL SOL. INC., a non-profit Florida co 0 tion.o ehal 0 the corporation, to me known to be the pers0z;. d:cribed in and who executed the foregoing Temporary Construction Easeme that cknowledged before me that ¿ ",executed the same. I relied upon t ollowing formes) of identification of the above named person(s) , an oath (was / was not) taken. icial seal in the County and State last aforesaid this ¿ ca.!&~ç¡;¿48 Notary Public SS my hand and 0 005. - (SEAL) \\\\\11111111/1111, .§',,~~ ~;f.~~~c;::'''~1/,: s~~~··;"~\SSION~.~ ~ g;;:::"(J~~\)~fY Ié;.?, ~..~~ ~ :~I..J..q; 'b~..~~ ~*: .._ <0 :*ê ~ '3:. #00375928 : ""~ >_.~.'.4:. ....B~ ·~';{~'__·'~1'~d~..<'fI~'· c~ ',;. .':;,'.lI!IIICunlJ'C'~·.' ~v~ '>', u'.¡.··....· o~ ~ ·~:.,,'".:'-t, STÞ.'ít. ,\\.,.... "'!¡(un!\I\\'" Printed Name af Notory pu~ My Commission Expires: ~ /';~¿)ð/ G \ACQ\\'¡/,D\Jon€t\Beaé R~5t(lrOTior,\\/iJlc De! Sol, In:,wpd3- EXHIBIT "A" LEGAL DESCRIPTION Approximate landward toe of Dune to the Mean High Water line of the Common AreaS abutting the Atlantic Ocean for VILLA DEL SO, INc'. A CONDOMINIUM, as described in the Declaration of Condominium thereof (as amended), all of the Public Records of St. Lucie County, Florida: 0 copy of same having been incorporated herein by reference. G:\Acq\v.!P\Jol1c~\_Beoch RC$torojior:\VìI!c ~e: Sol. Inc wp¿4-