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Home My WebLink About05-045 ED EDWIN M, FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 257998703/16/2005 at 02:43 PM OR BOOK 2188 PAGE 413 - 417 Doc Type: RESO RECORDING: $44.00 RESOLUTION NO. 05-045 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 Florida, that: The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly accepted on beholf of St. Lucie County Erosion District this 8th day of MARCH, 2005. ATTEST: ~'ii. ;'". ':" ST. LUCIE COUNTY EROSION DISTRJiT /fi ~': ,,' ' l a Special Taxing District of the State' of.f.lo~idéì'."·". ;e /~i [,e,.'i.i' J .~ , ,/:':: ff~:'r,:: . { :'(j' ¡:¡- ,"W~ :i'-"~ i, ,.~,1. ..c' A.:',:r·, i·-t~r.;./ _~";:~. )i·t· ~.>,~; .~, ,'" ~ ,"",¡>j.- ."". ......;~', ,do .~"~. ~~i'~ ,i;,;,;l J,H t,· ,,0 ,/"., ~'(;' . "'f~' ;/:: ;,:; i,',> .. ',:t:Jt"f'·,.';~'i·'f ;;" '~ì:' ,¡¡,,-, '-;'I~:'<h6tt~!:J~" ",o'·i· i P:~ -;"~_Y:'·;-~;.;-.i:~'t·-I};,,>f:" ~ 'J;i;' ~. .", -.' . . ~~,~" ~:~ ¡:B~ '!'" ! J:,:; ~~"'J .~ "-,if APPROVED AS TO FORM AND CORRECTNESS: BY: G: \ACQ \ WP\J anet\Beach Restoration \Resolution45. wpd This document prepared by JoAnn Riley under the directian 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.: 41 Part of Tax ID #: 3535-322-0001-100/9 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made this /5 day of ¡;z;¡/ ,2005, by and between DENNIS G. VON ALDENBRUCK, whose maiiing address is 8900 S Ocean Drive, Jensen Beach, FL 34957-2103, 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 CMHWL"); and, WHEREAS, the Grantee desires to assist in the impiementation of an emergency dune renourishment project landward of the MHWL onto a portion of the Grantor's property as more particulariy 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 iands; and, WHEREAS, said Project may invoive 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, WHEREAS, the Grantor acknowledges and agrees that the Grantee may grant and G: \ACQ\ WP\J anet\Beach Restoration \Dennis A Idenbruck.wp1r 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 contempiated herein in consideration of the benefits to be derived by the Project: this waiver shall not be construed to prevent 0 ciaim 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 "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 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 Restorotion Project; to plant vegetation on said dunes and berms: to erect, maintain and remove siit screens and sand fences: to facilitate preservations of dunes ond 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 obstacles 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 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 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\Beoch Restorotlon\Dennis Adenbruck,~- ~;ss WHEREOF. 'hi, i~""m'"' i, moo'" 'h" ~-d!.L7Á.A' Print Name-;P~?kI:'.../ ifl (.( ~ day of -:p4:-~ DENNIS G YON ALDENBRUCK Print Name: 5TATEOF~ COUNTY OF ~ I HEREBY CERTIFY, that on this day, before me, an officer duly authorized to take acknowledgments, personally appeared DENNIS G. YON ALDENBRUCK, to me known to be the person(s) described in and wha executed the foregaing Temporary Construction Easement that they acknowledged before me that they executed the same. I relied upan the following form(s) of identification of the above named person(s) an oath (was I was not) taken. {SEAL) WITNESS my hand and official seal in the County and State last aforesaid this day of ~buQ,n.¡-, 2005.. cÞ2CÀ.- \'J Notary Public ~ -k'o rÀ( I'{"".'\'> ffiDITJln Printed Name of Notary Public My Commission Expires: \5 ",,",,,Y PUi/(0 KANDlCE D. MORGAN .Q .,..... MY COMMISSION I DD2Q5653 *~~. EXPIRES:Jun.16,2007 "'~'fI'" BondedTn!uButlge\N~taI)'SeNIœS ""FOf''''ct G: \ACQ\ WP\J onet\Beach ResToration \Dennis Aldenbruck.wpà'- EXHIBIT "A" LEGAL DESCRIPTION Approximate landward toe of dune to the mean high water of the same lands as described in instrument recorded in Official Records Book 645, at Page 541, of the Public Records of St. Lucie County, Florida. G:\ACQ\ WP\Janet\Beach Restoration\Dennis AJdenbruck.wpiJ¡-