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Home My WebLink About05-019 ED c o .~ '> o c o :¡: .~ '5 ~ v ... (: L ~ CL o L "- "- >- ~ C L o +- +- ... (: c ~ o " o +- c L ~ +- ~ ex. EDWtN M. FRY. Jr.. CLERK OF THE CtRCUIT COURT SAINT LUCIE COUNTY FILE'# 2581230 03/1812005 at 08:51 AM OR BOOK 2189 PAGE 1968 - 1972 Doc Type: RESQ RECORDING: $44.00 RESOLUTION NO. 05-019 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, thot: The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly on BY: , .",. behalf of St. Lucie County Erosion District this 8" day of MARCH. 2005. ATTEsT: G: \ACQ\ WP\J anet\Beoch Restoration\Re.solution. wpd ST. LUCIE COUNTY EROSION a Special Toxing District of the Chairman' BY: APPROVED AS TO FORM AND . CORRECTNESS: JJfJt!t · 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 Hutchinsol'\ Island Emergency Dune Restoration Project Parcel No.: 29 Part of Tax ID #: 4502-244-0001-010/3 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made this~day of Fehr"c..fý . 2005, by and between OCEANA ASSOCIA TION. INC., Q Florida Non-Profit Corporati&n, whose mailing a.daress is 9920 South Oceon Drive. Jensen 8each, Florida 34957. hereinafter' Grantor", and S 1'. 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 prcperty 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 wil! be at points landword 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, WHEREAS, the Grantor acknowledges and agrees that the Grantee may grant and G:\ACQ\WP\Janct\8e.ach ~ES'torC1+ion\Oc.e.(lt'I( Assoøotìol'Lwpd -1- 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 Granto,' by reason of the transactions contemplated herein in consideral'ion of the benefits to be derived by the Project; this woiver shall not be construed to prevent a claim against Grantee's controctcr if the contractor damages the Grontor's structures and property outside the easement area. NOW, THEREFORE. in cansideration of the mutual benef its, covenants and conditions contained he,'ein: 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 ond assigns, a temporary construction easement and temporary right-of-way in, on, over and ocroSS the land described in Exhibit . A" for use by the Grantee, its representatives, agents, contractors, and assigns, to construct. repair, nourish, rehabilitate and replace 0 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 Qrld remove temporary structures. and to perform any other work necessary and incident to tke construction of the South Hutchinson Is land Emergency Dune Restoration Project; to plant vegetation on said dunes and berms; to erect, maintain and remove silt screens and sand fences; to focilitote preservations of dunes and vegetation through the limitation of access to dune areas; to trim, cut, feU. and remove from said land all trees. underbrush. debris. obstructions. and any other vegetotion. structures and obstacles wil'hin thc limits of the easement within the footprint of the dune and beach berm provided the Grantee shall consult with the Grantor befcl'e any permanent structures are removed. The limits of construction shall be from the landwar'd toe of the dune to the mean high water line of the Atlantic Oœ.an. 3. This easement shail run with the lend 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 occur's first. G:\....CQ\WP\JQnt:'\B~(,ch Restol'otio,.\Oceal'lO A$$cciø1ion.wpd ·2- M IN WITNESS WHEREOF, this instrument is executed this ~ day of F;.¡"'LM( ,2005. Q~^ ~Yì {2u!l~. Print Nam (. -A~e I,). M. f(, ìlJtiiq STATE OF COUNTY OF Ffor-, dC<... 0+- lvcl~ OCEANA ASSOCIATION, INC., a Florida Non-Profit Corporation ,~ By: 4- /t~)r~4 I HEREBY CERTIFY. that on this day, before me, an offic'1,duly authorized to take acknowledgments, personally appeared nomq:o;; N ~C.ddIYl~-fo'1 of OCEAN A 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 h ~ acknowledged before me that hi' executed the same. I relied upon the following formes) of identification of the above named person(s) , an oath (was / was not) taken. WITNESS my hand and official seal in the County and State last aforesaid this day of ftbr"a, r '( .2005. 12+l (SEAL) ...~. ~~?·~;;~7\. ~;~.~\.~ .. ¿- ·eS -. ... .: :..~ tJSS7I'II:! \ti;..<~~J \...~A~:~··::Æ :l"'/ ~vt:S{A;.S\f"'\" ,,,,,......,,,' G:\ACQ\WP\Jar.et\Beach Restoration\Oceona Association.wpd -3- eæ_~o ;&0 Notary Public E.jLuO"cI ~-I-c.l Printed Name of Notary Public My Commission Expires: ID - ~-O~ EXHIBIT' A" LEGAL DESCRIPTION The approximate landward toe of dune to the l'T1ean high water line of the lands described in instrument recorded in Official Records Book 332, at Page 989, of the Public Records of St. Lucie County, Fiorida. G:\ACQ\WP\Jorw'!'\9e.ack l<e.stcro1i(:n\Ott:cna .A,ssoctaiiOI\.,.,þd -4-