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Home My WebLink About05-030 ED OJ U 'I- 'I- o '" ->- OJ <:: '- o +- +- « >- +- <:: ::¡ o <..J o +- <:: '- ::¡ +- OJ Cl EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 25799470311612005 at 02:21 PM OR BOOK 2188 PAGE 262 - 266 Doc Tvpe: RESO RECORDING: $44.00 RESOLUTION NO, 05-030 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 Toxing District of the State of Florida, that: The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly behalf of St. Lucie County Erosion District this 8'" day of MARCH, 2005. ST. LUCIE COUNTY EROSION a Special Taxing District of the \ Choi~n ATTEST: APPROVED AS TO FORM AND CORRECTNESS: BY: G: \ACQ\ WP\J anet\Beach Restoration \Resolution30. wpd ., \0) Œ (f,t Œ D ~,~ ¡~ .In',: lJü ~-;~ 2005 ~~: ~__J ENGINEEHING 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.: 05 Part of Tax ID #:4512-331-0002-000/5 TEMPORARY CONSTRUcrrON EASEMENT THIS EASEMENT is made this ~ day of cfY , 2005, by and between I MADNESS, LIMITED PARTNERSHIP, a Florida limited partnership, whose mailing address is 10900 State AlA. Jensen Beach. FL 34958-0000, 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, Grontor 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". said project more particularly described hereafter as the South Hutchinson Isiand 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 sond according to the Project plans; and, WHEREAS, the Grantor acknowledges and agrees that the Grantee may grant and G:\ACQ\ WP\Janet\Beach Restorotion\Modness, L.P. RottiesJ,.,pd 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 remainjng 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 mutual 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 Exhibjt . A" for use by the Grantee, its representatives, agents, contractors. and assigns, to construct, repair. nourish, rehabilitate and replace a dune system and other erosian control 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 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 said dunes and berms; to erect, mointajn 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, feJl, and remove from said land all trees, underbrush, debris, obstructions, and any other vegetation, structures and obstacles 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 shall be from the londward toe of the dune to the mean high water line of the Atlantic Ocean. 3. This easement shali run with the iand and shall be binding upon the Grantor and (his) (her) (its) (their) heirs, successors and/or assigns. This easement shall automatically terminate upon completion of the Project or on March 1, 2006, whichever occurs first. G:\ACQ\WP\Janet\Beach Rutoration\Madness. L.P. Rott¡es~d fff WITNESS I--'ß ,2005. -- WHEREOF, this instrument is executed this / c!~ay of MADNESS, Limited Partnershi a Florida limited corporation ~ OS \r, u..o... ~ ('(ì ( A \ \.,.Q V' ~ Pd"' N~ ' :r~ ~ , Print Name By: ---..-J STATE OF "fl='ðo, ) COUNTY OF{Y)ø rz--'\-,,,,, ) I HEREBY CERTIFY, that on this daY,EQore me, an officer duly authorized to take acknowledgments, personally appeared . \ <'<0 V\Qo.. \J YYl L\ VI V""\, of MADNESS, LIMITED PARTNERSHIP, a Florida limited partnership corporation on behalf of the corporation, to be the person(s) described in and who executed the foregoing Temporary Construction Easement that acknowledged before me that executed the same. I relied upon the foilowing formes) of identification of the above named person(s) , an oath (was / was not) taken. WITNESS my hand and official seal in the County d State last aforesaid this ~ '--.. day of Sel.D'\.J-D<.(2.ð ,2005. (SEAL) ~~'" G. L~""~V"... Printed Name of Notary Public \ My Commission Expires: -.I\J.-i5 I D~ G:\ACQ\ WP\Janet\Beach Restaratian\Madness, L.P. Rattle,À-pd 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 1110, at page 401, of the Public Records of St. Lucie County, Florida G:\ACQ\WP\Janet\Beach Restoration\Madness, L.P. Rottie54-pd