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Home My WebLink About05-049 ED ., ,~ '+- '+- o '" '>- ., s:: '- o +- +- « >- +- s:: ::¡ o \J o +- s:: '- ::¡ +- ., C<: EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 2579991 0311612005 at 02:43 PM OR BOOK 2188 PAGE 433 - 437 Doc Type: RESQ RECORDING: $44.00 RESOLUTION NO. 05-049 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, that: The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly accepted on behalf of St. Lucie County Erosion District this 8th day of MARCH, 2005, ... c.o.,~,~.r¡.-~ v......·'c,\.t.[\X ..'\ " ".".. G.,. , ,')' G·" < ~ì' L~j~JS; \ ~:: '~, '! ex: I "ðJ' ~,...' ¡ ~\;./~\ ! (/;.. ~ ATTEST: .. <, "..~."'~' ,. \U" ,,"")'..'} ¡,".-.,.[ ":0. c-......_>.,,"',...-~.. ...~.¡ tl "~."'.";:..-'.:""".''''Æ''{i' ~ !, ':~¿ {¿~",;"-;:;';;;:'~',':, .',"';-' " - ~/L/",,,.·.· Deputy Clerk .. G: \ACQ \ WP\J and \Beach Restoration \Resolution49. wpd ST. LUCIE COUNTY EROSION a Special Taxing District of the BY: 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 ~ )b@)blrW)bliJ) ml FEa 1 1 2005 1111 BY: ......_._..._....._. Project Name: South Hutchinson Island Emergency Dune Restoration Project Parcel No.: 45' TEMPORARY CONSTRUCTION EASEMENT ~ THIS EASEMENT is made this \.\. day ofÇ..c..0"';,>o.¿..~ ,2005, by and between THE ADMIRAL OWNER'S ASSOCIATION, INC., a Florida non-prdtit corporation (f/k/a Isand Duners Owners' Association, Inc.), whose mailing address is 8750 S Ocean Drive, Jensen Beach, FL 34957, 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 ("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 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. G:\ACQ\WP\Jonet\Beach Restoration\Island Dunes Oceansi~e Condo A.wpd WHEREAS, the Grantor acknowledges and agrees that the Grantee may grant and convey any and ail rights vested in the Grantee 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 shail benefit from this Emergency Dune Restoration 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 ogainst 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, 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 aiterations 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, fell, and remove from said land all trees, underbrush, debris, obstructions. and any other vegetation, structures and obstacies 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 shail 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 shall 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 anet \Beach RestoratIOn \Island Dunes Oceans~e Condo A .wpd IN WITNESS WHEREOF, ~ I.--c<:> ~__0, , 2005. \ WITNESSES: ~--- this instrument is executed this \. '\ day of THE ADMIRAL OWNER'S ASSOCIA TION, INC., non'profit Florida Corporation (f Ik/a -"-.. Island Dlìnes Owners' Association, Inc.) .--, By,J¡'¡\,~~~ /L/!/G Its:' Q..o.z>,Q.c,~ r , --./' <'è-f))./. KJ _2:amed tt~~ .s;ù~:;'~?A/J Print Name STATE OF ~\"<V_;,, '" ) COUNTY OF 5""'. '\...~ ~) I HEREBY CERTIFY, that on this da~ore me~n officer duly authorized to take acknowledgments, personally appeared -':;Ð'~"'" '-"', ~"p.~,,>,~,. of THE , ADMIRAL OWNER'S ASSOCIA TION, INC., a Florida Non-Profit Corporation, (F IKI A Island Dunes Owners' Association, Inc.), on behalf of the corporation, to me known to be the person(s) described in and who executed the foregoing Temporary Construction Easement that U <£ acknowledged before me that ~£ executed the same, I relied upon the following formes) of identification of the above named person(s)(?, .cl'~s- ~"\""\".. 'L.",,,, "J0 an oath (__I was not) taken. \ -;~ WITNESS my hand and official seal in the County and State last aforesaid this \ \ day of ç C"O Q/ -P' ~ ,2005. \ (SEAL) ~ ~ ~. ~5 Printe Na e of Notary Public My Commission Exptres: ?- \;;lv \c"". œ KAY A. HIGGINS . MY COMMISSION,. DO 090575 EXPIRES: February 26, 2006 1-«JO.3.NOTAfW FlNoUwyService&Bondio¡;¡,1nc. G: \ACQ\ WP\Janet\B~ach Restoratiol1\Islof1d Dunes Oceans~e Condo A.wpd EXHIBIT "A" LEGAL DESCRIPTION The approximate landward toe of dune to the mean high water line of the Common Areas abutting the Atlantic Ocean for Admiral Condomjnium, a Condominium, (f/k/a Island Dunes Condominium A) as described in the Declaration thereof (as amended), all of the Public Records of St. Lucie County, Florida. G:\ACQ\ WP\Janet\Beach Restoration\IsJand Dunes Oceansrtk Condo A.wpd