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Home My WebLink About05-028 ED ., U 'I- 'I- o VI '>- ., c: L.. o +- +- « >- +- s::: OJ o '-J o +- s::: L.. OJ +- ., CL EOWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 257994503/16/2005 at 02;21 PM OR BOOK 2188 PAGE 252 - 256 Doc TVpe: RESQ RECORDING: $44.00 RESOLUTION NO. 05-028 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 Stote of Florido, that: The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly behalf of St. Lucie County Erosion District this 8th day of MARCH, 2005. ST. LUCIE COUNTY EROSION DISTRI a Special Taxing District of the State. r'p f,,~'~ ,~ """'" {t1~..., \,......·I:.~c_l¡l( '.... Þ Ci t'? ':::.'" 'I t:"!,, t, 1''' ~ ,:" ~.';;.'/ t:':~·:::<'~~r\ \ ç,,"'7.,'ið, R . ¡ (~( ,.f: f?!'''~1, ....,:fJ Deputy Clè~k ""'~,....,.:}~:¡ '..., c::';;'~-~:~~~i;J" ,yo¿z,'tI!!:;[, tu:ltr ATTEsT: BY: APPROVED AS TO FORM AND CORRECTNESS: JA G: \ACQ\ WP\J anet\Beoch Restoration\Resolution28. wpd .,'''' >: "- ---',',/~ occepted :;~~ {:;1 )fJl,'iir¡ ". ¡ ~.:ë'. This document prepared by J oAnn Riley under the direction of DanielS McIntyre County Attorney. St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Project Name: South Hutchinson Island Emergency Dune Restoration Project Parcel No.: 02 Part of Tax ID #:4512-331-0004-010/2 TEMPORARY CûNSTRU.:.. i .J.û~,,: EASEMENT THIS EASEMENT is made this ;;U",t day of FGh r'-<.CU' "1 , 2005, by and between WILLIAM H. WATSON, JR. and SUSAN J. WATSON, as Co- Trustees of the WILLIAM H WA TSON, JR. and SUSAN J. WATSON REVOCABLE INTER VIVOS TRUST DA TED JUNE 25, 1998, whose mailing address is 1305 Bay Laurel Drive, Menlo Park,CA 94025, hereinafter "Grantor". and ST LUCIE COUNTY EROSION DISTRICT, a Special Taxing District of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982 hereinafter "Grantee". R E C I TAL S: WHEREAS, Grantor owns beach front property in St. Lucie County, Florida: and, WHEREAS, the property line for Grantor's property extends seaward to the Mean High Water Line (" MHWL"): and, WHEREAS, the Grantee desires to assist in the implementation of an emergency dune renourishment project landward of the MHWL onto a portion of the Grantor's property as more particularly described on Exhibit" A", sa id project more particularly described hereafter as the South Hutchinson Island Emergency Dune Restoration Project (hereinafter referred to as the 'Project"); and, WHEREAS, the sand so deposited wili be at pOints landward of the MHWL and thus on the Grantor's lands: and. WHEREAS, said Project may involve persons and equipment crossing over (landward of) the MHWL and on the Grantor's property in order to place the sand according to the Project plans: and. G:\ACQ\ WP\Jonet \Beach Restoratio!'1\ Watson.wpd -1- WHEREAS, the Grantor acknowledges and agrees that the Grantee may grant and convey any and all 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 transactions 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 mutuai benefits, covenants and conditions contained herein: 1. The parties acknowledge that the above recitals are true and correct and hereby incorporate same as part of this Agreement. 2. Grantor does hereby grant. establish 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 replace a dune system and other erosion controi and storm damage reduction measures together with appurtenances thereto, inciuding 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 and 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 piant vegetation on said dunes and berms; to erect, maintain and remove silt screens and sand fences; to focilitote preservations of dunes and vegetation through the limitation of access to dune areas; to trim, cut, fell, and remove from said iand ali 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 iimits of construction shail 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 iand and shall be binding upon the Grantor and (his) (her) (its) (their) heirs, successors and/or assigns. This eosement shall automatically terminate upon completion of the Project or on March 1.2006, whichever occurs first. G:\ACQ\ WP\Janet\Beach Restoration\ Watson.wpd -2- IN WITNESS fþ-br'-Wðj ,2005. WITNESSES: WHEREOF, this instrument is executed this ;:;13 ~o( day of WILLIAM H. WATSON, JR, CO-TRUSTEE OF THE WILLI A . WATSON, JR. REVOCABLE INTER VIVO UST DATED June 25, 1998 ~ ~ ~~~tN-- ?A~þ.. 'f. e.,\I~N Print Name SUSAN J. WATSON CO-TRUSTEE OF THE SUSANJ. WATSON REVOCABLE INTER VIVOS TRUST ""TED JUNE 25,1998 ~A ~ ~M\lVv- '7AAA -r. lßlA.-~ Print Name ST ATE OF \AI::r ) COUNTY OF R Dc.K ) I HEREBY CERTIFY, that on this day, before me, personally appeared WILLIAM H. WATSON JR. and SUSAN J. WATSON as Co-Trustees ,who I relied upon the following formes) of identification of the above named person(s) K" ow n -+t> tv\~ ,an oath (~was not) taken. (SEAL) G:\ACQ\WP\Janet\Beach Restoratio,,\Watson wpd -3- EXHIBIT" A" LEGAL DESCRIPTION Approximate landward toe of Dune to the Mean High Water line of the same lands as described in instrument recorded in Official Records Book 2017, at Page 314, of the Public Records of St. Lucie County. Florida G: \ACQ\ WP\Janet\Beach RestoratIon \ Wotson.wpd -4-