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Home My WebLink About05-029 ED OJ U '+- '+- o VI '>- OJ ¡: L o +- +- « >- +- ¡: :::J o U o +- ¡: L :::J +- oJ Cl EDWIN M, FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 2579946 03/16/2005 al 02:21 PM OR BOOK 2188 PAGE 257 - 261 Doc Type: RESO RECORDING: $44.00 RESOLUTION NO. 05-029 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 Speciol Taxing District of the State of Florida, thot: The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly accepted on behalf of St. Lucie County Erosion District this 8th day of MARCH, 2005. þ;~\~ ' ~"....".:". ,~. ATTEST·."·:-",-<" ..", ¡;~r:....".:."..f C. . . 1,:" , '" "'~ (..., l'" .~';,. ~..,;}.... -" h-' rf:~'¡ i (~.r·,,~::·_'.\.-'·~\~) \, ~:£~ ; - ~'..'.'.'" ~ . "'. ',. .-' 4; d~":~ 1-'¡ _ /. )' ,7 _ . ';,'., ;" ":'>__'::/,.:;'~~_ ../:'Ij .. Deputy Clerk \;': (r':""':;" ,,"i"" iY ~~~'-~,~;~,~~..:;ji~ , BY:! ST. LUCIE COUNTY EROSION a Special Toxing District of the Stote APPROVED AS TO FORM AND CORRECTNESS: BY: G: \ACQ\ WP\J anet\Beach Restoration\Resolution29. wpd This document prepared by JoAnn Riley under the direction of Daniel S. McIntyre County Attorney, St. Lucie County 2300 Virginia Avenue Fort Pierce, Fiorida 34982 Project Name: South Hutçhinson Island Emergency Dune Restoration Project Parcel No.: 03 TEMPORARY CONSTRUcrrON EASEMENT THIS EASEMENT is made this ....;:'S-dayof ~~ ,2005, by and between OCEAN DUNES OF HUTCHINSON ISLAND CONDOMINIUM ASSOCIA TION, INc. a non- profit Florida corporation, whose mailing address is 10980 S. Ocean Drive, Jensen Beach, FL 34957. hereinafter "Grantor", and ST LUCIE COUNTY EROSION DISTRICT. a Special Taxing District of the 5tate 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 5t. 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 r'enourishment project iandward of the MHWL onto a portion of the Grantor's property as more particuiarly described on Exhibit "A". said project more particulariy described hereafter as the South Hutchinson Island Emergency Dune Restoration Project (hereinafter referred to as the "Project"); and, WHEREAS, the sand so deposited will 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 pians; and, G:\ACQ\WP\Jo(let\Be,}ch Restorotlon\Oc~n Dunes,wpd -1- WHEREAS, the Grantor acknawledges 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 fuliy 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 reasan 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 outs ide the easement area. NOW, THEREFORE, in consideration of the mutuai benefits, covenants and conditions contained herein: 1. The parties acknowiedge that the above recitais 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 iand described In Exhibit "A" for use by the Grantee, its representatives. agents, contractors. and assigns, to construct, repair. nourish, rehabiiitate and replace a dune system and other erosion control and storm damage reduction measures together with appurtenonces thereto. including the right to deposit sand; to accompiish 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 plant vegetation on soid dunes and berms: to erect, maintain and remove slit screens and sand fences; to facilitate preservations of dunes and vegetation through the iimitation of access to dune areas; to trim, cut, feli, and remove from said land all trees, underbrush, debris, obstructions, and any other vegetation, structures and obstacles within the iimits 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"shoil be from the landward toe of the dune to the mean high water line of the Atlantic Ocean. 3. This easement shali run with the iand and shali be binding upon the Grantor and (his) (her) (its) (their) heirs, successors and/or assigns. This easement shail automatically terminate upon completion of the Project or on Morch 1,2006, whichever occurs first. G:\ACQ\WP\Jonet\Beoch Restoration\Ocean Dunes,wpd -2- IN WITNESS WHEREOF, this instrument is executed this ;)5' day of (dvrv<-ozy ,2005. \ WITNESSES. OCEAN DUNEs OF HUTCHINSON ISLAND CONDOMINIUM ASSOCIATION, INC, non-profit Florida Corporation ~/--/- By, '~4 It's . ~~ rY,69 /l7t!a.L-"n:vJ Print Name ~~1~J~EL,UJ Print Name STATE OF y$)( ~j"" ) COUNTY OF ~\--L" (,:" ) I HEREBY CERTIFY, that on this day, before me, an officer duly authorized to take acknowledgments, personally appeared v--'''r;\\,;""", L . ì---\v '1-1-(')1.. of OCEAN DUNES OF HUTCHINSON ISLAND CONDOMINIUM ASSOCIATION, INC, a NON- PROFIT Florida corporation, on behalf of the corporation, to me known to be the person(s) described in and who executed the foregoing Temporory Construction Easement that, h.. acknowledged before me that h executed the same. I relied upon the following formes) of identification of the above named person(s) '}>\'~p. \..'w..... , an oath (was-I was not) taken. (SEAL) WITNESS my hand and officiai seal in the County and State last aforesaid this]..,,:,>:!b doyof ("1,, ~"_\ .2005 $"~ ~O ~) ~)~ Notary Publ' V ~ li;¡-"~.. LINDA A. GIANNOTII ¡" A MY COMMISSION I DD 305050 "':" ..~~¡ EXPIRES June 18, 2008 <'.,0':,";..,- ru 0 ~ Ie rw ers Printed Na My Commission Expires: G: \ACQ\ WP\J al1et\Beach Restoration\Oceon Dun.es.wpd -3- EXHIBIT" AU LEGAL DESCRIPTION Approximate landward toe of Dune to the Mean High Water line of the Common Areas abutting the Atlantic Ocean for OCEAN DUNES CONDOMINIUM, A CONDOMINIUM, as described in the Declaration of Condominium thereof (as amended), all of the Public Records of St. Lucie County, Florida. G:\ACQ\WP\Janet\Beach Restoration\Oc-£on Dunes.wpd -4-