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Home My WebLink About05-043 ED EDWIN M. FRY, Jr., CLERK OF THE CtRCUIT COURT SAINT LUCIE COUNTY FilE # 25799850311612005 at 02:43 PM OR BOOK 2188 PAGE 403 - 407 Doc Type: RESO RECORDING: $44.00 RESOLUTION NO. 05-043 A RESOLUTION ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTH HUTCHINSON ISLAND EMERGENCY DUNE RESTORATION PROJECT ON BEHALF OF ST. LUCIE COUNTY EROSION DISTRICT OJ U '+- '+- o In '>- OJ " t.- O +- +- q; >- +- " ::;¡ o U o +- " t.- ::;¡ +- OJ Cf. BE IT RESOLVED by the St. Lucie County Erosion District, a Special Taxing District of the Stote of Florida, that: The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly accepted on behalf of St. Lucie County Erosion District this ath day of MARCH, 2005. ST. LUCIE COUNTY EROSION DISTRICT, a Special Taxing District of the Stote of Florida ATTEST: / ( BY.: CFìatrman APPROVED AS TO FORM AND CORRECTNEsS: JA BY: G: \ACQ\ WP\J anet\Beach Restoration\Resolution43. wpd This document prepared by JoAnn Riley under the direction of Daniei S, McIntyre County Attorney, St. Lucie County 2300 Virginia Avenue Fort Pierce, Flarida 34982 Project Name: South Hutchinson Isiand Emergency Dune Restoratian Project Parcel No.: 39 Part of Tax ID #: 4502-211-0001-000/8 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made this l/tA day of f'd, ,2005, by and between THEISLANDIA EAST ASSOCIA nON, INC.,a Florida non-profit corporation, whose mailing address is 10660 South Ocean Drive, Jensen Beach, FL 33457, hereinafter "Grantor", and ST LUCIE COUNTY EROSION DISTRICT, a Special Taxing District of the State of Fiorida, 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 C 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 iandward 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 ond on the Grantor's property in order to place the sand according to the Project plans; and, WHEREAS, the Grantor acknowledges and agrees that the Grantee may grant and G:\ACQ\ WP\JoF\et\Beach Restoratior.\Oce!1n Front & Road tin on list),wpd convey any and ali 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 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 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. Z. 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 control and storm damage reduction measures together with appurtenances thereto, including the right to deposit sand: to accomplish ony 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 focilitate 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 obstocles within the limits of the easement within the footprint of the dune and beach berm provided the Grantee shail consult with the Grantor before any permanent structures are removed. The limits of construction sholl be from the landward toe of the dune to the mean high water line of the Atiantic Ocean. 3. This easement shall run with the land and shali be binding upon the Grantor and (his) (her) (its) (their) heirs, successors and/or assigns. This easement shall automaticaliy terminate upon completion of the Project or on March 1,2006, whichever occurs first G:\ACQ\WP\Janet\Beach Restoration\Ocean Front & Road-(2at on list).wpd /] / }N> WITNESS ~,2005. WITNESSES: WHEREOF, this instrument is executed this -LL day of '(;C' '. )LJ1~ ~¡;):Nd THE ISLANDIA EAST ASSOCIATION, ;;:~~~ Print Name ~~~~~ I HEREBY CERTIFY, that on this da authorized to take acknowledgments, personally appeared of THE ISLANDIA EAST ASSOCIATION, IN " a Florida non-profit cøf'poration, behalf of the corpora ion, to me known to be the person(s) described in and who executed the foregoing Tempo ary Construction Easement that ~cknowledged before me that J-.e. "",I!cuted tame. I reli~on the following formes) of identification of the above named person(s) U ~ ,an oath (was / was not) taken. day of I NESS my hand and official seai in the County and State last aforesaid this JJ- , 005. ( ¡J (" /7 Y;d1ú~~/--'¿~L/JI ~ Public --- ~vH-j'Jl£..dtf ¿/Tfj Printed Name of Notary PU~7 /. My Commission Expires: ?7~ J ,. (SEAL) \\\"""111/111/,, ,~'~\>- w,. FAENct.ll~ ~~~~..~~\ŠŠ/Ò¡;~·..~% ~....... .,-G 1 .~~ ~~..~V ~~'ð.IY.?,.a ;¿..~~ ~Q..:::r"i;P lb~·.~: _*"..... ~cP._ ::: ..... :*= =z· . ::: ~S:·. #00375928 .:;;S:: /_.-<- "'-'~'ff'" ~~·.:'IJ-;:;'-OJIJed~· ..·G~~~ ~ A ..~c 0° ~~ ~/I, lIS/········ a'l( ~..... II, -IC ST~ít ", IIIllIil/IIIIIII\\' G:\ACQ\WP\Jor'le't\Beach ReSToration\Ocean Front & Road"(årt on !lst).wpd EXHIBIT "A" LEGAL DESCRIPTION Approximate landward toe of dune to the mean high water of the same lands described in instrument recorded in Official Records Book 451, at Page 2037, of the Public Records of St, Lucie County, Florida. G:\ACQ\WP\Janet\Beach ReSTorotion\Oceon Front & Raodi'fbt on hst).wpd