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HomeMy WebLinkAbout12-129RESOLUTION NO. 12-129 A RESOLUTION ACCEPTING AN EASEMENT ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: The foregoing Easement Number 32470 from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida is duly accepted on behalf of St. Lucie County this 3rd day of July 2012. ATT T: j t / ~~ Deputy Cler ~T ~ ~ s` ,`~ ~~ ,~,~ ~,,, ~' s:\atty\resoltn\20 ~~„~29.wpd J `,~:' BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED TO FORM AND CORR CTN ~S: BY: County Attorne This Easement was prepared by: Joseph Duncan, 8uresu of Public Land Administration, Division of State Lands, Department of Environmental Protection, MS 130 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 OAE1 BOARD OF TRUSTEES OP THE INTERNAL IMPROVEbffiNT TRUST FUND OF THE STATE OF FLORIDA EASEMENT Easement Number 32470 h THIS BASEMENT, made and entered into this ~~ day of ~ 20•~, between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVE[IENT TRUST FUND OP THE STATE OF FLORIDA, acting pursuant to its authority net forth in Section 253.03, Florida Statutes, hereinafter referred to as "GRANTOR", and ST. LUCIE COUNTY, FLORIDA, hereinafter referred to as "GRANT88". WHEREAS, GRANTOR is the owner of the hereinafter described real property, which is managed by The University of Florida Board of Trustees under Lease Number 2592("managing agency"); and WHEREAS, GRANTEE desires an easement across the hereinafter described real property for the installation and maintenance of utilities, pedestrian access and access improvements; and WHEREAS, the managing agency has agreed to the proposed use of the land subject to this easement. NOW THEREFORE, GRANTOR, for and is consideration of mutual covenants and agreements hereinafter contalaed, has granted, and by these preaenta does grant unto GRANTEE, a non-exclusive easement across the following described zeal property in St. Lucie County, Florida, to-wit: (See Exhibit "A" Attached) subject to the following terms sad conditions: 1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and obligations herein shall be exercised by the Division of State Lands, Stat® of Florida Department of Environmental Protection. 2. TERM: The term of this easement shall be for as long as the easement is used for the purpose for which it was granted, commencing on the date the easement is executed by all parties. 3. USE OF PROPERTY AND UNDUE WASTE: This easement upon and across the property described in Exhibit "A" shall be limited to installation and maintenance of utilities, pedestrian access sad access improvements during the term of this easement. Thin easement shall be non-exclusive. GRANTOR retains the right to engage is any activities on, over, across or below the easement area which do not uareasoaably interfere with GRANT88'9 exercise of this easement and further retains the right to grant compatible uses to third parties during the term of this anaement. GRANT88 shall dispose of, to the satisfaction of GRANTOR, all brush and refuse resulting from the clearing of the lead for the uaea authorised hazeundar. If timber is removed 1a connection with clearing this easement, the net proceeds derived from the sale of such timber shall accrue to GRANTOR. GRANT88 shall take all reasonable precautions to control soil erosion and to prevent any other degradation of the real property described in Sxhibit "A" during the term of this easement. ORANT88 shall sot remove water from say source on this easement including, but not limited to, a matercourso, reservoir, epriag, or well, without the prior written approval of GRANTOR. GRANT88 shall clear, remove and. pick up all debris iacluding, but not limited to, coatainere, papers, discarded tools and trash foreign to the work locations and dispose of the same in a astisfactoxy manner ae to leave the work locations clean and free of any each debris. GRANT88, its agents, successors, or assigns, shall not dispose of any contaminaate iacluding but not limited to, haaardous ar toxic substances, petroleum, fuel oil, or petroleum by-products, chemicals or other agents produced or used in GRANT88'S operations, on this easement or oa any adjacent state land or in any manner not permitted by law. GRANT88 shall be liable for all coats associated with say cleanup of the subject property which ie a result of GRANT88'8 operations and uea of the subject property. IIpon termination or expiration of this easement GRANT88 shall restore the leads over which this easement is greeted to substantially the same condition as existed on the effective date of this easement. GRANT88 agrees that upon termination of this easement all authorisation granted hereunder shall cease and terminate. If the leads described in Exhibit "A" are under lease to another agency, GRANT88 shall obtain the consent of such agency prior to engaging in say use of the real property authorised herein. 4. ASSIGNMENT: This ease~meat shall not be assigned is whole or in part without the prior written consent of GRANTOR. Any assignment made either is whole or in part without the prior written consent of GRANTOR shall be void and without legal affect. Page 2 of 12 Easement No. 32470 R 09/11 5. RIGHT OF INBPBCTIONs GRANTOR or its duly authorised ageats, representatives or employees shall have the right at any and all times to inspect this easement and the works of ORANTBE in any matter pertaining to this oasamant. 6. NON-DISCRIDSINATIONs GRANT88 shall not discriminate against aay individual because of that individual's race, color, religion, aex, national origin, age, handicaps, or marital statue with respect to any activity occurring within this easement or upon lands adjacent to and used as an adjunct of this eaaemeat. 7. LIABILITY: Sach party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and ageats thereof. Nothing herein shall be construed as an iadamnity or a waiver of aovsreign immunity enjoyed by any party hereto, as provided in Section 768.38, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 8. CODQPLIANCB iNITH LAWBs GRANTSB agrees that this easement is contingent upon and subject to GRANT88 obtaining all applicable permits and complying with all applicable permits, regulations, ordiaancea, rules, and laws of the State of Florida or the IInited states or o! any political subdivision or agency of either. 9. ARCHA8OLOGICAL AND HISTORIC BITHSs 8xecution of this eaesmont in no way affects any of the parties' obligations pursuant to Chapter 367, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites oa state-owned leads is prohibited unless prior authorization has bees obtained from the State of Florida Department of 6tate, Division of Historical Resources. 10. PROHIBITIONS AGAINST LI8N6 OR OT88R BNCDNBRRNC83s Fee title to the lands underlying this easement is held by GRANTOR. GRANT88 shall not do or permit anything to ba done which purports to create a lien or encumbrance of aay nature against the real property of GRANTOR including, but not limited to, mortgagee or construction liana against the real property described is 8xhibit "A" or against say interest of GRANTOR therein. 11. PARTIAL INVALIDITYs If any term, covenant, condition or provision of this easement shall bs ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in ao way be affected, impaired or invalidated. Page 3 of 12 Easement No. 32470 R 09/11 12. SOVEREIGNTY SIIHNER08D Id1NDSs Thie easement dose not authorise the use of any lands located waterwazd of the mesa or ordinary high water lice of any lake, river, stream, creek, bay, oatuary, or other water body or the waters or the air apace thereabove. 13. SNTIRS IINDERHTANDINO: Thin easement seta forth the entire understanding between the parties and shall only be amended with the prior written approval of GRANTOR. 14. TINE: Time is expressly declared to be of the eseonce of this easement. 15. RIGET OF AIIDIT: GRANTEE shall make available to GRANTOR all financial and other records relating to this easement and GRANTOR shall have the right to audit such records at any reasonable time during the term of this easement. This right shall be continuous until this easement expires or is terminated. This easement may be terminated by GRANTOR should GRANTEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this easement, pursuant to Chapter 119, 8lorida 9tatutea. 16. PAYNENT 08 TAXBS AND ASSE863~NTSs GRANTEE shall assume full responsibility for and shall pay all liabili.tiea that accrue to the easement area or to the improvements thereon including any and all drainage and spacial asaeaemeats or texas of every kind and all mechaaic'^ or materialmaa's liana which may be hereafter lawfully aeeesasd and levied against this easement. 17. AIITONATIC REVERSION: This easement 1a subject to an automatic termination and reversion to GRANTOR when, in the opinion of GRANTOR, this easement is not used for the purposes outlined herein, and any coats or expenses arising out of the implementation of thin clause shall be borne completely, wholly and entirely by GRANTEE, including attorneys' fees. 18. RECORDING OF EASEMENT: GRANTEE, at its own expanse, shall record this fully executed easement in its entirety 1n the public records of the county within which the easement site is located within fourteen days after receipt, and shall provide to the GRANTOR within ten days following the recordation a copy of the recorded easement in its entirety which contains the O.R. Hook and Pages at which the easement is recorded. Failure to comply with this paragraph shall constitute grounds for immediate termination of this easement agreement at the option of the GRANTOR. Page 4 of 12 i Easement No. 32470 R 09lI 1 i I 19. OOVBRNIN(3 LAW, This easement shall be governed by and interpreted according to the laws of the State of Florida. 20. 38CTION CAPTION9t Articlos, subsactione and other captions contained in this easement are for reference purposes only and are in no way iatanded to describe, interpret, define or limit the scope, extent or intent of this easement or any provisions thereof. 21. SPBCIAL CONDITIONS: The following special conditions shall apply to this eaeameata None. Page 5 of 12 Easement No. 32470 R 09/11 IN WITNESS WSSREOF, the parties have caused this easement to be executed the day and year first above written. ~a~Nl~ziC Print/Type Witness Name .LL.L - W ties i41[rr ~t°WELL. Print/Typo Witaeae Name HOARD OF TRIISTEES OF T88 INTSRNAL IMPROVEMENT TRIIBT TIIND OF THE ST E OF FLOR ey: ~ /> G-- i ~ ~+---(.SEAL) IIREAII OF ~iLFvF~~-F ~., +~ PIIHLIC LAND ADMINISTRATION, DIVISION OF 8TATE LANDS, STATE OF ~~5~ ~~"^~'~~ FLORIDA DEPARTMENT OP ENVIRONMENTAL PROTECTION ^GRANTOR^ 8TATE 08 FLORIDA COIINTY OF LEON ha o sgoiag instrument was~~aa~,c,,~~,n,,~~o~,p~~l~ed}}s,~„lbafore me this day of 20~, by ee2}Ef~f=pod~e~'euresu of Public Land Admia titration, Divieioa of State Laada, State of Florida Department of Eaviroamental Protsctioa, acting as agsat oa behalf of the Hoard of Trustees of the Intsraal Improvameat Trust Fund of the States of Florida. He is personally known to me. D. L McKenzie Canmissigl # DD 876m}; E~pres May is T013 Page 6 of 12 Easement Ho. 32470 _ !(_l !~ Notazy Public, State Florida Print/Type Notary Name Commission Number: Commieelon Expireso Appro d as to Form d Legality Hy: DE Atto ney R 09111 8T. LUCIS COUNTY, FLORIDA Hy its Board o! County Commissioners ~Q.r ~L.n o~ ~i.~w ~-rr ~~ W t eaa Print/Type Name ~~ ~ ~~ ~ iVitneee CC~~R(~L ~ . 31 Stt~?P Print/Type Name APPROVED AS TO FORNN AND CORRECTNESS ~~ STATB OF FLORIDA COUNTY OF ST. LIICIS Bys Print/Type "Nsme~ Title: ~f lC.~l rM(it'1 Attests Clsrk (af the Board o! Commissioners of St. Florida ~ (OFFICIAL The foregoing instrument was acknowledged before me this ~ day of ~_ 20 0~,, by 1 cac, mocil ef'y and as Coamisalonera of St. or have produced oa behalf o! the Boa unty County, 8lorida. They o peradlTirl'ty-]En to me a^ ideatilicatio . --- - Notary Public, States o! Florida ,~~ncfs~s CFiARLENE A. FURTADO .: Commission # DD 895091 '''lqr. , ~, ea~ai ~ September 24.2013 ~r w.+~weaoxsms Priest/Type Notary Name Coaiealoa Number: Commission Sxpiree: Page 7 of 12 Easement No. 32470 R 09/11 Exhibit "A" Legal Description An easement for utility purpose, over, under and across a parcel of land lying in Section 14, Township 35 South, Range 39 East, 5t. Lucie County, Florida. Said easement being more particularly described es follows: The South 15.00 feet of the North 64.OD feet of the Northwest one-quarter (NW Y.) of the Southeast one-quarter (SE '/.) of said Section 14. LESS and except the Wesl 30.00 feet for right-of-way of Rock Road Containing 0.46 acres, more or less. Surve oar's Notes: 1) This sketch and legal description is based on office information only and does not represent a boundary survey. 2) Thig legal description shall not be valid unless: A)Provided in its entirety consisting of 2 sheets, with sheet 2 being the sketch of description. B) Reproductions of the description and sketch are signed and sealed with an embossed surveyor's seal. E?+3&A ~IPPRUV~Ci Certification (Not valid without the signature and original raised seal of a Florida licensed Surveyor end Mapper) I hereby certify that the Sketch and Legal Description of the property shown and described hereon was completed under my direction and said Sketch and Description is true and correct to the best of my knowledge and belief. I further certify that this sketch and description meets the Minimum Technical Standards for Surveys set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J-17, Florida Administrative Code, pursuant to Section 472.027 Florida State Statutes. The Sketch and Description is based on information furnished by client or client's representative. Il-lo-wll Data of Signature Peter Andersen Professional Surveyor and Mapper Florida Certificate No, 5199 15' UTILITY EASEMENT SKETCH AND LEDAL DESCRIPTION FOR: Ktrrrloy Horn g Aacocbtae ST. LUCIE COUNTY, iLORIOA I N C O R P O R• T Y D PROFS661ONAL 6VRPiYOBB AND lLPPSR9 CR'P~Cltt a< Airl'80L66TIG91 LB {iM torapAa anrt ttuwauQ arm M 00 b BW IW~• LWJ~1~ MCr. :V11 ~t T'~' ~ ~~ pale NON[ 10 0 O:wn !% 4Trtk~@ Flo ! O:valn0 Na: 10-106}OZ 9~M N0. REV190N5 DALE BY w n r ~~'im) +w-tee' P M J.A.S D.1Y.4. 1 cr 2 rywvair r~T a aotO RY GCY. INC.. PROFESSIONAL SU RVEYORS AN D MAP PERS Drowlnp Nome: 7CEROA 1D Utp Eamt Exhibit "A" Page 8 of 12 Easement No. 32470 1 °=3D0' NORTH 64' OF THE SOUTH 15' OF NW 1/4 OF SE 1/4 THE NORTH 64' OF SECTION 14 WEST 3D' NW 1/4 OF SE 1!4 ~ OF SECTION 14 ~ I~ I~~ NOTE: 15' UTILITY EASEMENT This drawing does not represent a boundary survey and is based on office information only. - SKETCH AND LEGAL DESCRIPTION FOR: KImIaY Horn B AsBOClateo ST WCIE COUNTY, FLORIDA IIiCORPOR.ATED PROYBBB[D2/AL BURP6YOB8 1ND LAPPERB CaSD•0.-'W Ot• tl7lltOfR6>mN L !f0! OOMORAR Kilts 7ALLAN.>Z,5 UTAf4 S.aM: Dell M r DrMnq Noa 1°300' 10 D 10-1053-OII ro wY NyuN •glroe m~N xar. 1 N.~tAw c~ ~ TM~ a..n yc aua.m en..t ' l~m +w NO. REVISIONS DATE BY 1 Ov 2 J.A.S D.WS COPYRIGHT 0 1010 BY GCY, INC., PROFESSIONAL SURVEYORS AND MAPPERS DrawFiq Name: TCERDA f0 Ut1 Event Exhibit "A" Page 9 of 12 Easement No. 32470 Legal Description An easement for access, pedestrian and utility purposes over, under and across a parcel of land lying in the Southwest one-quarter (SW'/.) of the Southeast one-quarter (SE'/.) of Section 14, Township 35 South, Range 39 East, 5t. Lucie County, Florida. Said easement being more particularly described as follows: Commence at the Southeast corner of said Section 14; thence along the South Ilne of said Section 14, South 89°46'45" West, a distance of 1357.71 feet to the Southeast corner of aforesaid Southwest one-quarter (SW'/+) of the Southeast one-quarter (SE Y.); thence along the East line of said Southwest one-quarter (SW'/,) of the Southeast one-quarter (SE'/.), North 00°34'50° West, a distance of 90.00 feet to the Point of Beginning said point being on a line 90.00 feet north of and parallel with, as measured at right angles to, the aforesaid South line of Section 14; thence along said line, South 89°46'45` West, a distance of 1277.80 feet; thence North 52°09'18" West, a distance of 23.52 feet to a point on a line 104.50 feat North of, as measured et right angles to, the aforesaid South line of Section 14; thence along said line, North 89°46'45" East, a distance of 12x8.81 feet; thence North 34°29'24° East, a distance of 65.13 feet to the aforesaid East line of said Southwest one-quarter (SW'/.) of the Southeast one-quarter (SE Y,), thence along said East line, South 00°34'50" East, a distance of 68.04 fast to the Point of Beginning. Containing 0.45 acres, more or lass. ~ APPI90VE~' By~-1 Data ~ ~.-~ ~ 2 14.5' ACCESS/PEDESTRIAN/UTILITY EASEMENT SKETCH AND LEGAL DESCRIPTION FOR: Kknley Hom & tAswoloteN sT. l.UgE COUNTY, FLORIDA I N C O B P O R A T B D PBOFis>rlAON1L BURVBYO1r8 AND NAPPBBS so•I. D•tr. n• a'< Ororrhth Na: CafD'lCITB 0- A1r1HDHRJ710,N 1.H •15! NONE 10 0 10-1093-02 t>vIPQA76 tMit°[ T.LLNMSSI aRIQ 1 REVISE LEGAL DESCRIPTION 11It//it RLI ro wv tN1wK •q1lm~ ~L•S YM1M NMl. t 0 1~[ p••t, By Cln°M•C: Shut NO. REVISIONS DATE eY. ~ ~i•)~OU-ttp~ ~m J.A.S. D.W.B. 1 OF 3 OOPYRI(.7iT m 2010 aY OCY. INC.. PROFESSIONAL St1RVEYORS AND NAPPERS Drawing Nama: TCERDA-99 Aco--PW ESmt Exhibit "A" Page 10 of 12 Easement No. 32470 Surveyor's Notes: 1) This sketch and legal description is based on office information only and does not represent a boundary survey. 2) This legal description shall not be valid unless: A)Provided in its entirety consisting of 3 sheets, with sheet 3 being the sketch of description. B)Reproductions of the description and sketch are signed and sealed with an embossed surveyor's seal. 3) Bearings shown hereon are referenced to the South line of Section 14, Township 35 South, Range 39 East. Said line bears South 89°46'45" West. Certification (Not valid without the signature and original raised seal of a Florida licensed Surveyor and Mapper) I hereby certify that the Sketch and Legal Description of the property shown and described hereon was completed under my direction and said Sketch and Description is true and correct to the best of my knowledge and belief. I further certify that this sketch and description meets the Minimum Technical Standards for Surveys set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J-17, Florida Administrative Code, pursuant to Section 472.027 Florida Stale Statutes. The Sketch and Description Is based on information furnished by client or client's representative. II-Ian-'loll f Date of Signature Peter Andersen Professional Surveyor and Mapper Florida Certificate No. 5199 14:5' ACCESS/PEDESTRIAN/UTILITY EASEMENT i SKETCH AND 4EGAl DESCRIPTION FOR: Ktmisy HDm ~ Aseociatea 5T. ILgE CWNTY, ~ FLORIDA I N C O R P O R A T E D PROTR56IONAL RURY6YOR8 AND 1rAPPRRB S°dn D°lr. F7s A Orw~hy Ne.: Cd'MOl7R 4 AITIaO~IitlTON Ll d10B NONE 10 0 10-1055-02 ~ REVISE LEGAL DESCRIPTION 71727117 RLI mewnAx RrRee TAUiRAem orrrA ~p ~ppl M~•NU6R ~ xRf. iYT yMKpp ~ DnRT BK CAa°Ind: Slat N0. RENSIONS DATE 8Y ~'ia~w-+Rr ~-~+ee .LA.4 O.W.S. 2 DE 3 •nvwln _ur L~ emn Rv f:l•V INI~ PPnCCCCInNAI RII RVEYnRC AN R NAP PFli3 DrmYlne Neme! TCEADA~35 Aee-Petl Eom1 Exhibit "A" Page 11 of 12 Easement No. 32470 ... 0 30D 1"=300' $~ 3a' SW 114 OF THE SE 1/4 ~I OF SECTION 14 in~ ~ I I ~ ~ dry ~ `i gi ~ fii I to ~' ~ }#, ~ QAQ NAP 17f w b 0.45 ACRESt F $ N ~ 6s,3~U1 $ o N69'46'45"E - 1258.81' ° 14 ~ 13 S89 6 - _ _ _ I souTN uNE ~cnoN I• ,r ©C- -~~ ~ NSLRWMD CANAL fd0. 4~ $89'46'45"W - 1357.71' !~ a sE coRNER aF THE sw 1/a 23 ` 24 g of THE sE 1/4 POIN F BEGIN ING POI T OF C MMENCEMEN SOUTHEAST CORNER SECTION 14 NOTE: 14.5' ACCESS/PEDESTRIAN/UTILITY EASEMENT This drawing does not represent a boundary survey and is based SKETCH AND LEGAL DESCmPnoN FoR: on office information only. Kknley Horn 6c ANNOCbtea ST. LUCIE COUNTY, Fl.ORIDA I N C O R P b R A T 8 D PROPHNBTONAL NORYYYOHN AND YAPPHHN Seelx Delc /9e a Drvalnp Nea C~Mf:1ii W 1VI/aN6ATIDN LN UOB 1'~J00' 10 0 10^1003-OZ 1 REVISE LEGAL DESCRIPTION t1R1/11 RLI Mwaeea orflcc TNtNMfefE ~ i0 etlc.~,,J,,W, lR ~IM~M NMY. TeA DLTGI ~m BK QieokN4 Sheet NO, REVISIONS DATE BY $e-1aN "'f° dA.S. D,vts. 3 tP 3 COPYRIGHT ® 2010 BY CCY, INC., PROFESSIONAL SURVEYORS AND MAPPERS Dralring Name; 7CERDA-05 Aca-Psd Eemt Exhibit "A" Page 12 of 12 Easement No. 32470