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Home My WebLink About05-007 ED EDWIN M. FRY. Jr.. CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 25812180311812005 at 08:51 fW¡ OR BOOK 2189 PAGE 1908 - 1912 Doc Type: RESO RECORDING: $44.00 RESOLUTION NO. 05-007 A RESOLVTION ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTH HUTCHINSON ISLAND EMERGENCY DUNE RESTORATION PROJECT. ON BEHALF OF ST. LUCIE COUNTY EROSION DISTRICT BE IT RESOLVED by the St. Lucie County Erosion District. 0 Special Taxing District of the State of Florida. that: The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly occepted on ~ o .¡;; '> behc:1If of St. Lucie County Erosion District this 8th doy of MARCH, 2005. <5 ~ o :¡: .¡;; '5 0- u '" ~ " w n. o " "- .... )0- w ~ " o +- +- '" ~ ~ , o " ATTEST: },: .,: ST. LUCIE COUNTY EROSION DISTRICT, f~'.; \.ii'·, '_':1_; a Speciol Taxing District of the State of Flpridoèl, ) , " ':'.\~:'\" 'fj¡'~~':~ " ,I. I J~ ' ~.. '.' \ :'.I~;,:,'?';f~:~¡":"',~;;::.j - ., ,. .'~,<~.'i;J~;:: ~.: " "" ','H~ ;>' i " .,'--". 1 ,:.:';,':...._ ,_' ,," .",:~.":),~,(,t "> \r':.:, .' '~"f"""'''' . i":;<;:~ . ;1.I¡fÇ;~~}:,r i¡.' ,,"';"','1""'" -,':: ~. ' . ';~.Îà~,t;:f:_~',:¥¡,!:~~~':}'({~ ^ ,. ,.""..);"....;I.~.",,,~..'.).,,..!.. "':':, .;. '-, :';'-1J...... ~r"'I<$:,¡~,/v,"·" APPROVED AS :rOFORM Ar:.Jì)'~~\.;~¡;;··);: t, ',:-",.:', :, .... -.,',;,·,j;¡,:,t:·"" .·fA:ff',' CORRECTNESS:' ".;. ," ·it·; I""'; ,"', '" ~ ", '/-of.'~~~ '," ,.' ',:;,; I BY\ , Cha~ o +- ~ " , +- w ex BY: G: \ACQ\ WP\J anet\Beach Restorotion\Resolution. wpd 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.: 16 Part of Tax ID #: 4511-514 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made this -4- day of , y and between HUTCHINSON ISLAND CLUB CONDOMINIUM ASS CIA TION, IN ,a Florida Non-Profit Corporation, whose mailing address is 10410 South Ocean Drive. Jensen Beach, Florida 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 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\Jor;et\Beach Restoration\Hutchinson Island Club.wpd -1- 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 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 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 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 limitatiun 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 land and shall be binding upon the Grantor and (his) (her) (its) (their) heirs, successors and/or assigns. This easement shall automaticaily terminate upon completion of the Project or on March 1, 2006, whichever occurs first. G:\ACQ\WP\Janet\Beach Restoration\Hutchinson Island Club.wpd -2- :l IN WITNESS WHEREOF, this Þ~05. WITNESSES: instrument is executed this ¿ day of ~$f:}!,~ Æ ~R r: ð (f)#I/I~ Print Name: /(/Þlhv f', eJ'¿:bA/JV"JL- HUTCHINSON ISLAND CLUB CONDOMINIUM ASSOCIA TION, INC. a Florida Non-Profit Corporation pri~~:~~!{~~"U£ BY:~S~ PETER 5TAKILE 'PR.ES. STATEOF~ COUNTY OF :./ I HEREBY CERTIFY, that on this day, b acknowledgments, personally appeared of HUTCHINSON ISLAND CLUB CONDOMINIUM ASSOCIÄ TION, INC., a Florida Non-Profit Corporation, on behalf of the corporation, to me known to be the personCs) described in and who executed the foregoing Temporary Construct' on Easement that LL-acknowledged before me that Á-L- executed the sam . relied upon t e following formes) of identification of the above named personCs) an oath C was / was not) taken. (SEAL) TNESS my hand and official seal in the County and State last aforesaid this /';1' 05. I () _ ( /J ~j~~~A ~Public ,/ ~"'/~é1~nJ Printed Name of Notary ~~~ / A My Commission Explres~~ \.....,HHIU1iI/11 ", . FREN II. ,..." t...W\. CL,IJ'//. ~.~,\. ........ f7';¢~ ;;.?~...~~\SSIOIV~·.'"i ~ ?i!/.:...'ZJ~\;)'Q(Y I~~ ~;·.S~ ~ :.~4..Qj ~~.~:;j= ::*: -.- :*= ~5~ IDD375928 :;>$ ~;::..o...-k :~~ .~ "'9 '.'" ~""...ë..~" ...., ')- '~""'Þubìi;''''''''''~'~. ~-:-: ,~f ..0,.... 1.11,..,.....(.« ..~. /1 VB ...... 0' :\.' '1'1 lie STAI£. """, II'''''¡''III\\\\\\ G:\ACQ\WP\Janet\Beach Restoration\Hutchinson Island Club.wpd -3- 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 Hutchinson Island Club, a Condominium, as described in the Declaration of thereof (as amended), all of the Public Records of St. Lucie County, Florida. G:\ACQ\WP\Jonet\Beoch Restoration\Hutchinson Island Club,wpd -4-