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Home My WebLink About05-036 ED '" U 4- 4- o V1 ->- '" c L o +- +- «: >- +- c ::;¡ o <.J o +- c L ::;¡ +- '" CI. EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 257995303/1612005 at 02:21 PM OR BOOK 2188 PAGE 293·297 Doc Type: RESO RECORDING: $44.00 RESOLUTION NO. 05-036 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 Stote of Florida, that: The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly occepted on behalf of St. Lucie County Erosion District this 8th day of MARCH, 2005. ST. LUCIE COUNTY EROSION DISTRICT, .' a Special Taxing District af the State of,.F.:(C¡fi¡;f.<;1. BYX ét1ai ATTEST: ':'~'j' APPROVED AsT6 FORM CORRECrNESS: BY: JA G: \ACQ\ WP\J anet\Beach Restoration\Resolution36.wpd This document prepared by J oAnn 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.: 12 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made this 2.2~ay of Fè.btL~, 2005, by and between BEACH CLUB PROPERTY OWNERS' ASSOCIATION, INC., a FloRda non-profIt corporatIOn whose mailing address is13500 State Rd 535, Orlando, FL 32821-0000, 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, Flarida 34982 hereinafter "Grantee". R E C I TAL S: WHEREAS, Grantor owns beach front property in St. Lucie County. Florida: and, WHEREAS, the property iine 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 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 plans: and. G: \ACQ\ WP\Janet \Beoch Restoration \ Vistana' s Beach Club":.1pd WHEREAS, the Grantor acknowledges and agrees that the Grantee may grant and convey any and ail rights vested in the Grant ee hereunder to such other entities as it deems necessary in order to fuily carry out the intent of the Project; and, WHEREAS. Grantor recognizes that its remaining land shall benefit from this Emergency Dune Restorotion Project: and, WHEREAS, Grantor hereby waives any and ail 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 shail 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 Exhibit . AU for use by the Grantee, its representatives, agents, contractors, and assigns, to construct, repair, nourish, rehabilitate and replace a dune system and other erosion 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, 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, feli, and remove from said iand 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 consuit with the Grantor before any permanent structures are removed. The limits of construction shall 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 shail 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 March 1, 2006, whichever occurs first. G: \ACQ\ WP\J onet\Beach Restoration \ Vistano' 5 Beach Clutr"p-d IN WITNESS WHEREOF, this instrument is executed this hh~ ,2005. ,JJ 22 day af WITNESSES: BEACH CLUB PROPERTY OWNERS' ASSOCIA TION, INC., Florida non-profit corporation ~~ ..4 y 4//~J;} , , Print ~~ J..J.J.~'-~ I\{,,~\£... l)..s>J~ Print Name STATEOF~cL... ) COUNTY OF Do.P.Ñ';f- ) I HEREBY CERTIFY, that on this day, before me, an officer duly authorized to take acknowledgments, personally appeared ~tJwn o'fk(é!f1 -t:1'ð~'1'f of BEACH CLUB PROPERTY OWNERS' ASSOCIA TION, INC., a Florida non-profit corporation, on behalf of the corporation. to me known to be the person(s) described in and who executed the foregoing Temporary Construction Easement that acknowledged before me that executed the same. I reiied upon the following formes) of identification of the above named person(s) ,an oath (was / was not) taken. WITNESS my hand arid official seal in the County and State last aforesaid this day of , 2005. (SEAL) . P)f1j{1~/~j0~ Notar P blic i-b It J~f/1'5P )/eæ.. Printed NCme of tory Public My Commission Expires: ~ HOLLYWAGENSELLER Notary Publ1(, State of Florida My comm expires April 22, 2007 No DO 2053B4 Bonded t~ru Ashton Agency ine I8DO)451'4B54 G: \ACQ\ WP\J aneT\Beach Restoration \ Vistana' s Beach Club".Jpd EXHIBIT" A" LEGAL DESCRIPTION Approximate landward toe of dune to the mean high water of the Common Areas abutting the Atlantic Ocean for VIST ANA'S BEACH CLUB CONDOMINIUM., A CONDOMINIUM (phases I & II). as described in the Declaration of Condominium thereof (as amended), all of the Public Records of St. Lucie County. Florida. G: \ACQ \ WP\J anet\Beach Restoration \ Vistano' 5 Beach Clul:dtpd