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Home My WebLink About07-05 ERD ~ f o .J ;R J EDWIN M. FRY, Jr., CLERK OF TH~ ':! OURT SAINT LUCIE COUNTY FILE # 302453003/1312007 at 12:40 PM OR BOOK 2778 PAGE 1243 - 1247 Doc Type: RESO RECORDING: $44.00 RESOLUTION NO. 07-05 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 State of Florida. that: The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly accepted on behalf of St. Lucie County Erosion District this 6th day of February, 2007. ,( ATTEST: ST. LUCIE COUNTY EROSION DISTRJ:CT. :,"'';0' T~'" D'"'''' of:;iX~';of ~i¡1d~ ~ ';' 7I/~du~L~· puty Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: G: \ACQ\ WP\J anet\Beach Restaratian \Resolution 07 - 05. wpd This document prepared by Janet liCausi 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.: 53 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made this '3 day of 3.J-- ,2007, by and between DUNE WALK BY THE OCEAN CONDOMINIUM ASSOCIA TION, INC., a Florida non-profit corporation (f Ikla Sand Dollar North Condominium Association, Inc.), whose mailing address is 1111 SE Federal HWY Suite 100, Stuart, FL 34994, 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\Jonet\Beach Restorotion\Dune Wolk2.wpd -1- WHEREAS, the Grantor acknowledges and agrees that the Grantee may grant and 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 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 "Au 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 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 shall 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 automatically terminate upon completion of the Project or on March 1, 2007, whichever occurs first. G:\ACQ\ WP\Jonet\Beach Restorotion\Dune Wolk2.wpd -2- ~\~/\ IN, WITNESS WHEREOF, this instrument is executed this ß~ay of '- #1V , 2005. WITNESSES: DUNE WALK BY THE OCEAN CONDOMINIUM OCIATION, INC., non-profit Flor' a (;orporation, (f/k/a Sand Dollar Nor COl'1dominium Association, Inc.) By: / It's; / \1 ~l"':Cm R. / Print Nanl.e - ¡ .- STATE OF tlfl~/!; ) COUNTY OF flY I HEREBY CERTIFY, that on this dgy, before me, an offjcJr duly authorized to take acknowledgments, personally appeared GsF£ 1--1 ;4¡¿}¡ X uÆ ¡-II of DUNE WALK BY THE OCEAN CONDOMINIUM ASSOCIATION, INC., a Florida non-profit corporation, (f/k/a Sand Dollar North Condominium 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 acknowledged before me that executed the same. I relied upon the following formes) of identification of the above named person(s) _ _. , ,an patþ (was / was not) taken. j-L. D12/I/e-K.?, ::¡:r1ír;,g;~;lj'J--7'V-JJ.;J-ð WC3NESS my hand and official seal in the County and State last aforesaid this ,æ-') day of Uí1/JA. J ,2007. /J fII \~JlJ;1/l7¡}Y J.!J#k Notary Public J () (SEAL),,,, 10NNAP~:~s~:flo'lda I fJÍtJ ¡{)¡Î- l (1/2 t<.rKf L( "{if', Notarv PublIC - />fX'l1 2007 Printed Name of Notary Public . :\'~MvC()lT1tt1isSiOO~D199:i62 '.' commlSSlO, AsS" My Commission Expires: .' a - Nnl\OI"\OI NotŒV Bonded Q'I ................ ..... "'''''''' TONI "',J'!YPVfj'" ,/oœ<" Notc',lY PI" :~. , . -;, :.: Jj¡. ~ ·~rv"\,((.;';fm, ' :-;''''' ~..'~:: - ".'i-, '... .,,',- ',' .;;";",, l~(,' ,Ut,· :-, .. \, W, ') G:\ACQ\WP\Janet\Beac Restorat¡on\~n:W~ík2::;'d..,{) ~~~ EXHIBIT "A" LEGAL DESCRIPTION Approximate landward toe of dune to the mean high water of the Common Areas abutting the Atlantic Ocean for DUN WALK BY THE OCEAN CONDOMINIUM, A CONDOMINIUM, (flk/a Sand Dollar North) as described in the Declaration of Condominium thereof (as amended), all of the Public Records of St. Lucie County, Florida G:\ACQ\ WP\Janet\Beach Restoration\Dune Walk2.wpd -4-