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Home My WebLink About12-172RESOLUTION NO. 12-172 A RESOLUTION ACCEPTING A EASEMENT AGREEMENT ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing EASEMENT AGREEMENT is duly accepted on behalf of St. Lucie County this 18th day of September, 2012. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: D ty Clerk /~ E~'. 93~ ~..i f aJ F~ *, ~ f l~w~~T"~` t. I", ~. ~. ~,~r~ t ';: jt ~'.' s ;~ r, -R~ ~. ~ ~ ~s~r~ ~~u~~ ~4a x. ~~~,.~ APPROVED A5 TO FORM AND CORRECTNESS: Return to Following Recording: Florida Power & Light Company 700 UnIVerSe BIVd. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Juno Beach, FL 33408 SAINT LUCIE COUNTY ATTENTION: Corporate Real Estate FILER 3759957 10/19/2012 at 11:41 AM OR BOOK 3444 PAGE 1977 - 1985 Doc Type: EASMT RECORDING: $78.00 Parcel ID No. 3417-113-0000-000-6 EASEMENT AGREEMENT Florida Power & Light Company, 700 Universe Boulevard, Juno Beach, FL 33408 ("Grantor"), in consideration of the sum of Ten Dollars and No Cents ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant to the St. Lucie County Board of County Commissioners, 2300 Virginia Avenue, 2"d Floor Annex, Room 229, Fort Pierce, Florida 34982-5652 ("Grantee"), its successors and assigns, a non- exclusive easement to be used for a pedestrian walkway, with the right to construct, operate and maintain a sidewalk on, over, under, and through the lands of the Grantor, situated in St. Lucie County, Florida within an easement area described as follows: (See Exhibit "A" attached hereto and a made a part hereof.) Reserving to the Grantor, its successors and assigns, the right and privilege to use the above described easement for all purposes other than those which might interfere with Grantee's use, occupation or enjoyment thereof, or as might cause a hazardous condition. Grantee, for itself, its successors and assigns, hereby releases, indemnifies and will hold harmless Grantor from any and all liability, damages, claims, costs and expenses, now or in future, relating to Grantor's and Grantor's employees', contractors' and subcontractors' use, access and/or crossing of the pedestrian walkway by motor vehicle, including trucks and heavy equipment. In the event that Grantee, its employees, agents or contractors, and subcontractors, cause damage to the property of the Grantor in the exercise of the privilege granted in this easement, Grantee agrees to restore any property so damaged, to its original condition. Should Grantee remove or abandon the use of its facilities, or fail for any reasonable period of time to exercise the rights herein granted, then in that event all the rights and privileges hereunder shall cease and the easement privileges and rights herein granted shall revert to the Grantor. This is anon-exclusive easement, the Grantor reserving to itself and it successors or assigns the right to grant easements over the subject property to third parties for compatible purposes. Grantee agrees to restore the unimproved areas of the easement to the condition existing upon the date of this Easement Agreement upon completion of Grantee's construction and/or maintenance of the sidewalk, and upon completion of any work related to relocation of its improvements. Before entering Grantor's property or the easement, Grantee, its employees, contractors, subcontractors and agents shall procure and maintain the following minimum insurance, with insurers with a rated "A-, VII" or higher by A.M. Best's Key Rating Guide that are licensed to do business in the State where the Property is located, or as may be approved in writing by GRANTOR's Risk Management Department from time to time, and shall provide Grantor with and ACORD certificate of insurance or its equivalent evidencing insurance coverage in such amounts: (i) Workers' Compensation Insurance for statutory obligations imposed by applicable Florida law, including, where applicable, the United States Longshoremen's and Harbor Workers' Act, the Maritime Coverage and the Jones Act; (ii) Employers' Liability Insurance, including Occupational Disease, shall be provided with a limit of One Million Dollars ($1,000,000) for bodily injury by accident, with a limit of One Million Dollars ($1,000,000) for bodily injury by disease/policy and with a limit of One Million Dollars ($1,000,000) for bodily injury by disease/employee; (iii) Automobile Liability Insurance which shall apply to all owned, non-owned, leased and hired automobiles in an amount with minimum limits of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage per accident; and (iv) General Liability Insurance, written on Insurances Services Office form GC 00 01 1204 (or equivalent) covering liability arising out of premises, operations, bodily injury, property damage, products completed and liability insured under and insured contract (sometimes referred to broad form contractual liability), with minimum limits of One Million Dollars ($1,000,000) combined single limit per occurrence, which shall insure the indemnity obligations assumed by Grantee under this Agreement. Except for the Workers' Compensation Insurance, the Grantor Entities shall be designated as an additional insured on Grantee's insurance policy required to be maintained under this Agreement. All policies of insurance required to be maintained by Grantee hereunder shall provide and Grantee shall cause the insurers of Grantee's insurance to include, either in its printed text or by endorsement: (i) a severability of interests clause; (ii) an endorsement that Grantee's insurance policies are to be primary and non-contributory to any insurance that may be maintained by or on behalf of Grantor Entities; and (iii) a waiver of subrogation against Grantor Entities. In the event that any policy furnished by Grantee provides for coverage on a "claims made" basis, the retroactive date of the policy shall be the same as the effective date of this Agreement, or such other date, as to protect the interest of Grantor Entities. Furthermore, for all policies furnished on a "claims made" basis, Grantee's providing of such coverage shall survive the termination of this Agreement, until the expiration of the maximum statutory period of limitations in the State of Florida for actions based in contract or in tort. If coverage is on "occurrence" basis, Grantee shall maintain such insurance during the entire term of this Agreement. Grantee shall promptly provide evidence of the minimum insurance coverage required under this Agreement in the form of an ACORD certificate or other certificate of insurance acceptable to Grantor. Upon Grantor's request, Grantee shall provide Grantor with complete copies of all required insurance policies under this Agreement. If any of the required insurance is cancelled or non- renewed, Grantee shall file a new Certificate of Insurance or binder with Grantor demonstrating to Grantor's satisfaction that the required insurance coverages to be maintained hereunder have been extended or replaced. Neither Grantee's failure to provide evidence of minimum coverage of insurance following Grantor's request, nor Grantor's decision to not make such request, shall release Grantee from its obligation to maintain the minimum coverage provided for in this Section. Grantee shall be responsible for managing and administering all insurance policies required hereunder, including the payment of all deductibles and self-insured retention amounts, the filing of all claims and the taking of all necessary and proper steps to collect any proceeds on behalf of the relevant insured person or entity. Grantee shall at all times keep FPL informed of the filing and progress of any claim. If Grantee shall fail to perform these responsibilities, Grantor may take such action as it determines appropriate under the circumstances. In the event Grantee collects proceeds on behalf of other persons or entities, it shall ensure that these are paid directly from the insurers to the relevant person or entity and, in the event that it receives any such proceeds, it shall, unless otherwise directed by Grantor pay such proceed to such party forthwith and prior thereto, hold the same in trust for the recipient. Nothing in this Section shall be deemed to limit Grantee's liability under the Contract regardless of the insurance coverages required hereunder. No limitation of liability provided to Grantee under the Contract is intended nor shall run to the benefit of any insurance company or in any way prejudice, alter, diminish, abridge or reduce, in any respect, the amount of proceeds of insurance otherwise payable to Grantor Entities under coverage required to be carried by Grantee under this Agreement, it being the intent of the parties that the full amount of insurance coverage bargained for be actually available notwithstanding any limitation of liability contained in the Contract, if any. Grantor assu rues no responsibility for the solvency of any insurer or the failure of any insurer to settle any claim. Prior to entry onto Grantor's property or the easement, Grantee shall secure and provide to Grantor, or cause to be secured and provided to Grantor, from each of Grantee's contractors and material suppliers, a waiver of mechanics' and materialmens' liens in form and substance satisfactory to Grantor. IN WITNESS WHEREOF, the Grantor has executed this Grant of Easement this ~O'~!day of p~ ~,~2012. GRANTOR: FLORIDA POWER & LIGHT COMP NY By• Zla Print Name: ;;amAnttla J. Saucier Its: Area Real Estate Manager S Signed, sealed and delivered In the presence of: ,. .; , i. i, t. « ~; ~.~ .J ~ ~~ Print Name Print Name GRANTEE: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ` - `~ '~hris Dza ovsky, hai an y. c~;~,~ ~ "' APP VED AS TO FORM °` AND CORRECT ~, " C U A EY ~;, , ~ _ ~ ~s%~I o: v M1 `~:.~~ /~ Signed, sealed and delivered In the presence of: ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF Palm Beach On this ~ day of f~ , 2012, befor me, he u er igned notary public, appeare ~ -~ ~~RIDA~~ ~~~~` ~~'~ POWER 8~ LIGHT COM ANY, a Florida corporation, and personally known to me to be the person who subscribed to the foregoing instrument or who has proauc~Ce as identification, and acknowledged that he/she executed the same on behalf of said entity and that heJshe was duly authorized so to do. IN WITNESS WHEREOF, I hereunto set my hand and offrciat seal. 1 ~~ 't`}Q AR PUB STA EO FLORIDA Print Name Commission No: My Commission Expires: ~, ~ryP~~,dfloe~ ~~~; Tracy Davis 1~ Aly ConnlWlw~ EE100050 ~p hay Ezplns ON1912015 ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF St. Lucie On this I K ~ >, day of ~~ k~ ~z,,,,.h.z.~ , 2012, before me, the undersigned notary public, appeared Chris Dzadovsky, Chairman of the ST_LUCIE COUNTY BOARD OF COUTNY COMMISSIONERS, and personal) known to me to be the person who subscribed to the foregoing instrument or w o has produced^ as identification, and acknowledged that he/she executed the same on behalf of said entity and that he/she was duly authorized so to do. IN WITNESS WHEREOF, I hereunto set my hand and official seal. FLORIDA ~" NOTARY PUBLIC, STATED Print Name Commission No: My Commission Expires: Easement Agreement between Florida Power & Light Company and the St. Lucie Board of County Commissioners Exhibit "A" (See attached sketch and legal description of "Florida Power & Light Sidewalk Easement" prepared by Kimley-Hom and Associated, Inc., Job Date 3/28/2012 2 Sheets) w°.~ npn° C:\U°w°~pwl°ulnatl\AppO°t°\Lx°I\Innp\•cPU01~n_633E\ST JALES ~L GSE.avS ~°>w,n (t) eo• w, zou a:~s°m oy ow..°~nae ~.........~.. ~...~,...........~......,.,..,..,......... , ,..... ~...-.. ~....,~, ~.,.~...,.~...... • ~-,r...........,....,.....,. ~ ~... LEGAL DESCRIPTION: SIDEWALK EASEMENT AN EASEMENT FOR PEDESTRIAN, CONSTRUCTION, MAINTENANCE, LANDSCAPING AND IRRIGATION PURPOSES OVER, UNDER AND ACROSS A PARCEL OF LAND LYING WITHIN SECTION 17, T~6-S, R-40-E. ST. LUCIE COUNTY, FLORIDA. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF SECTION 17, TOWNSHIP 36 SOUTH, RANGE 40 EAST OF THE TALLAHASSEE BASE MERIDIAN, ST. LUCIE COUNTY, FLORIOA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT THE NORTHWEST CORNER OF RIVER PLACE ON THE ST. LUCIE NO. 5, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 41, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID POINT ALSO LYING ON THE EASTERLY RIGHT OF WAY LINE OF ST. JAMES DRIVE; THENCE, BEARING NORTH 45°07'36" WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 214.17 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1,425.00 FEET, A CENTRAL ANGLE OF 24°34'D9", A CHORD LENGTH OF 606.39 FEET BEARING NORTH 32°50'31" WEST; THENCE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT OF WAY LINE, A DISTANCE OF 611.08 FEET TO A POINT; THENCE, LEAVING SAID EASTERLY RIGHT OF WAY LINE, BEARING NORTH 89°43'25" EAST, A DISTANCE OF 16.00 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1,410.00 FEET, A CENTRAL ANGLE OF 16°2T27", A CHORD LENGTH OF 403.61 FEET BEARING SOUTH 29°00'42" EAST; THENCE, SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 405.00 FEET TO A POINT; THENCE, ALONG A RADIAL LINE WHICH BEARS NORTH 52°45'35" EAST, A DISTANCE OF 10.00 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1,400.00 FEET, A CENTRAL ANGLE OF 00°48'46", A CHORD LENGTH OF 19.86 FEET BEARING SOUTH 37°38'48" EAST: THENCE, SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 19.86 FEET TO A POINT; THENCE, ALONG A RADIAL LINE WHICH BEARS SOUTH 51'56'49" WEST, A DISTANCE OF 10.00 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1.410.00 FEET, A CENTRAL ANGLE OF 07°04'25", A CHORD LENGTH OF 173.97 FEET BEARING SOUTH 41°35'23" EAST; THENCE, SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 174.08 FEET TO A POINT; THENCE, BEARING SOUTH 45°07'36" EAST, A DISTANCE OF 229.08 FEET TO A POINT ON THE NORTH LINE OF THE AFOREMENTIONED PLAT OF RIVER PLACE ON THE ST. LUCIE NO. 5; THENCE, BEARING SOUTH 89°42'05" WEST, A DISTANCE OF 21.15 FEET TO THE PDINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 12,650 SDUARE FEET OR 0.29 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. N ~ o ~ \ sau H~" O ~ ~ m; FLORIDA POWER 8~ LIGHT "__ CI~^ endAuodetea,lnc. ~ `= 4~ o~ SIDEWALK EASEMENT '"'"'" P~5 „,Q„~ ; ~,,,, ~'s~;,,,, ^~ 5 a ~~ ~. .~ m_,....,~ .,~ ,,,_,...,,b eco .w.w~+r~aroo~, u w 1 KIMLEY-HORN AND ASSOCIATES, WC. GPS CONTROL POINT ~ 140 ~\~ :~~~~~ y ~i~~ ~' N \ ~ ~ `~~ Cl ~ ~~~` w e \ R=1425.00`~~~ S L=611.06' ~\ i-ts' FLOROAPOV1~3tMID e=2434"09° ~ ~'C2 CHB=N32 50'31 'W ~~~'y ~ ~ ~ ~~ CHD=606.39' ~~ ~ ~;~~ SIDEWALK EASEMENT m ~ ~~ 12,650 SQ. FT. \,P '~ ~~\ 0.29 ACRES A~ ~ `~~ Y c ~aD ~ 21.15 `'°'• ~ 589 42'05~W KIMLEY--HORN AND ASSOCIATES, INC. GPS CONTROL POINT ~. 170 o ,so s`~ P.O.B. NW CORNER RIVER PLACE ON THE 5T. LUCIE NO. SURVEYORS_NOTES I. THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY SURVEI'. 2. THE SCALE OF THIS pRA1NNG MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 3- THE BEARING BASE FOR THIS LEGAL AND SKETCH IS STATE PLANE GRID NORTH. MORE PAf7TICL1(.ARLY THE UNE BETYMFEJ~ 19lILEY--MORN AND ASSOCIATES, ING GPS CONTROL POWTS NLINBER 170 AND 140. THE COORDINATES FOR SAID CONTROL POINTS ARE; NORTHWG 1093613.156, FASTING 866936.862 AND NORTHING 1097154.382. EASTiNG 865305.976, RESPEC71VElY. SAID UNE BEARS NORTH 24'45'17" NEST. LEGEND PROPERTY UNE - ------ -- GRADING EASEMENT -- --- -- - RIGHT OF WAY UNE ORB OFFlCIAL RECORDS HOOK PB PUT BOOK PG PAGE R RADIUS P-O-B. POINT OF BEgNNING ROW RIGHT OF WAY CHB CHARD BEARING CHD CHORD DISTANCE L ARC LENCTH 0 CENTRAL ANGLE '.EVISED EASEMENT CONFIGURA710N-4/2/12-PCS nb ararxaa rhae o t ~d"~bebn ow abetaA d m. tlw~ hpd duvVUen ~ mew ~ ~ benn:oat stande.iah set foat- M fM f7arFla easu a Aofen.Lrsd 9rwJafs d YaP'Oala h LTgatar SJ-17, rlarldo AdnhbMafM Leda, puw,mt le Saetlan IT2(#T, Ronda Sfahrtua. and That Mb dv.tp b O fnw ana aecr rats ryrerantatbn q~sof m tl+s Wrt of my Mo.aaoya am e"aeG 4~D,~6et to notar and natafbns atwan Aareon. RTH UNE RIVER PLACE THE ST. LUCIE N0. 5 RIVQZ PLACE ON 7tEppSppT. L.UppC~~I~~EyyN~~Q 5 ` t"p ~larV iH EG OFLf7FR P.SIL M1 St 79 ~ ~ ~~ec ~~~~~ ~~~~ ^~R ~€~ ~~ h- C7 Z J W ~ ~ W ~ aQ ~w O~ Nae~wr .ra,ore tn. etyaatun a,e the orfphd .abed :.d ar ~ 1 OF 2 o RorNa liesued 9wMpr aM mappr. SOUTH FtORJW-VW-THi YANAGBIAE~NtDISfRICT oRS ~a~ - ~ 7s LINE TABLE UNE BEARING DISTANCE Lt N75'19'21"W 4' L2 RADIAL) N52'45'35"E TO.DO' RADIAL 1'58'49"W 10. CURVE TABLE CURVE RADIUS DELTA CHORD CHORD BEARING LENGTH Ct 1410.00' 16 7' 7" 61' '' 405.00' C2 1400.00' i .88' S 19. 6' C3 1410. S" 35'23"E 1 4.08' fq