The URL can be used to link to this page

Home My WebLink About12-013 EDRESOLUTION NO. 12-013 A RESOLUTION ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT ON BEHALF OF ST. LUCIE COUNTY EROSION DISTRICT BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing TEMPORARY CONSTRUCTION EASEMENT for the South County Beach and Dune Restoration Project is duly accepted on behalf of St. Lucie County this 23`d day of October, 2012. ST. LUCIE COUNTY EROSION DISTRICT ,._ ,G, ,' B: Frannie Hu inson, Chair ATTEST: APPROVED AS TO FORM AND CORRECTNESS: By: This document prepared by Janet LiCnusi under the direction of Dnniel 5. McIntyre County Attorney, St. Lucie County 2300 Virginin Avenue Fort Pierce, Florida 34982 CLERK OF THE CIRCUIT COURT JOSEPH E. SMITH, SAINT LUCIE Co~912 YZ at 03oa D TYPe: EASMT FILE # 3763033 1083 OR BOOK 3447 PAGE RECORDING: $61.00 Project Name: South County Beach and Dune Restoration Project Parcel No.: 3 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made this ~~ day o ~ P L , 2012, by and between OCEAN DUNES OF HUTCHINSON ISLAND CONDOMINIUM A OCIATION, INC., whose mailing address is 10980 South A1A, Jensen Beach, FL 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". RECITA LS: WHEREAS, Grantor owns property in St. Lucie County, Florida; and, WHEREAS, the property line for Grantor's property extends seaward to the Mean High Water Line ("MHWL") of the Atlantic Ocean; and, WHEREAS, the Grantee desires to assist in the implementation of a beach and dune restoration project both seaward and 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 County Beach and Dune Restoration Project (hereinafter referred to as the "Project"); and, WHEREAS, the sand so deposited and the native dune vegetation so planted will be at points landward of the MHWL and thus on the Grantor's lands; and, WHEREAS, the Project may involve persons and equipment crossing over (landward of) the MHWL and on the Grantor's property in order to place the sand and plant vegetation according to the Project plans; and, 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, -1- WHEREAS, Grantor recognizes that its remaining land will benefit from this Beach and 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/or property. 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, acid assigns; to construct, repair, nourish, rehabilitate and replace a beach and 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 County Beach and 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 construction according to the Project plans. 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 (a) for placement of sand and dune vegetation upon completion of the Project construction or on June 30, 2013, whichever occurs first and (b} for tilling of the beach, leveling of escarpments and replanting of the dune - as required by the Project permits - by March 1, 2016. -2- IN WITNESS WHEREOF, this instrument is executed this day o~ ~ , 2012. WITNESSES: `~~~, P ri Nam __~~~ ;, CaL ! ~ ~:. Print Name . . STATE OF, COUNTY OF OCEAN D ES HUTCHINSON CON NIU~M OCIATION, INC. It's: ,~'~~~fG'+~~Cz'2. ISLAND I HEREBY CERTIFY, that on this day, before me, an offic rr duly authorized to take a ~Cnowled ments, personally a peared, ~~ ~~~_~~~ of (~ ~~ , a ' '~.~%<~~c!~e.~-zJ corporation, on behalf of the corporation, to me known to be the person(s) described in and who a ecuted the foregoing instrument (describe type and date of attached instrument) ~' ~(,,~_ acknowledged before me that ~xecuted the same. I relied' u on the following form(s) of identification of the above named erson(s) ~~~ ~ ~ G/C~ ~~`3 ~~ /~-~ an oath (was was noi=) taken. WITNESS my hand and official seal in the County and State last aforesaid this ~ day o~ %.~ , 2012. i (SEAL) ~~~~~`~atiioN~i~~,,A ~~. \\~~ ~a ~.........; qj~°~ii n:ao°I F'&°o~~% y: G ~1~~g ~ • N T+i ~+~ ..m i~~ V / ~ yi ~` .~•. ~:~. ''//'090 ~~~iii iii ~a?~\`~. -3- `~~ if + C[~~~ ~', Notary Public Printed Name of Notary Public My Commission Expires: POINT OF BEGINNING OF ~ LANDWARD LIMITS OF Rig ~ CONSTRUCTION NAD 83/90 N=1081991.76 \ E=909230.14 ,~ , `w~. N ~~ R-111 T\\ ~ ~ \ R-112 . N ~~~ d, a ~ I ~ m m n n -i -I O O Z Z N C G ~ ~ _ _ ~ ~ ~ ~ ~\ D D ~ ~ 1 m m ~ ~ A A ~ ~m ~ m ~\ ~~ \`, R-113 ~~ ~ g 1" = 600 FEET OCEAN ~ ~ LANDWARD ~ /LIMITS OF CONSTRUCTION R-114 R-115 LEGEND ~ P.O.B. = POINT OF BEGINNING NAD = NORTH AMERICAN DATUM NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 R-102 = FDEP RANGE MONUMENT (TYP) - - - - - - - MEAN HIGH WATER LINE AND PROPOSED EROSION CONTROL LINE AS LOCATED JANUARY 18, 2012 - - - - - - - PROPOSED LANDWARD LIMITS OF CONSTRUCTION AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION MEAN HIGH WATER LINE ELEVATION = 0.51 NAVD 88 JANUARY 18. 2012 PROPOSED EASEMENT OR BOOK 390 PACE 2567 (SEE DETAIL SHEET 2) a ',, ~\ PROPOSED EASEMENT AREA p SEC 12, TWP 37S, RGE 41E MARTIN COUNTY SEC 13 TWP 37S G MORGAN & EKLUND, INC. PROFE8810NAL 8URVEY CONSULTANT8 8745 US HIGHWAY /1 1500 S.E. 3RD COURT P.O. BOX 1420 SUfTE 110 WABASSO, FL 32970 DEERFIELD BEACH, FL 33441 PHONE: (772) 388-5364 PHONE: (954) 421-6882 FAX: (772) 388-3165 FAX: (954) 421-0451 ,R E41E ~V~T/y.~MIC~1011 C/~~~ ~[~/~p1~11A~~ .71~G 1\A7 Vf L.LV/LL. YC.JWUr IIVI~ 5oa~assbv an. OCEAN DIMES OF HUTCHINSON ISLAND CONDO. ASSOC., INC SOUTH ST. WqE COUNTY BEACH RESTORATION 1,~ = soo FOR ST. WqE COUNTY EROSION DLS'iRICT oz/2a zo12 awiw,r er arara er stto aoox aTC or sue~[r P9 JRM v~ceeo. 01/18/2012 ~ 1 °f ATLANTIC ` MEAN HIGH WATER LINE ~ ELEVATION = 0.51 NAVD 88 JANUARY 18, 2012 ~ .~ ' 451270200010006 AND ALL CONDOMINIUM UNIT OWNERS ~ OCEAN DUNES OF HUTCHINSON ISLAND CONDOMINIUM ASSOC., INC. 10980 S OCEAN DR JENSEN BEACH, FL 34957 N PROPOSED o EASEMENT G (0.64± Ac.) ATLANTIC OCEAN ~~ N ,/ ~~ ~~o i ~~ ~~, ,~ DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 390, PAGE 2567, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A DEPARTMENT OF NATURAL RESOURCES MONUMENT STAMPED 94 77 A06, HAVING COORDINATES OF NORTHING 1,079,107.89 FEET AND FASTING OF 909,950.79 FEET AS REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT (NAD83/90), PROCEED ALONG A BEARING OF N 14° 22' 29" W FOR A DISTANCE OF 2,970.72 FEET TO A SET IRON ROD AND CAP STAMPED R98-18 2012, HAVING COORDINATES OF NORTHING 1,081,985.60 FEET AND FASTING 909,213.27 FEET; THENCE N 69° 55' 47" E for a distance of 17.96 feet to a POINT, HAVING COORDINATES OF NORTHING 1,081,991.76 FEET AND FASTING OF 909,230.14 FEET, SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED LANDWARD LIMITS OF CONSTRUCTION LINE; THENCE S 23° 25' 34" E for a distance of 978.16 feet to a POINT; THENCE S 21 ° 45' 01" E for a distance of 999.30 feet to a POINT; THENCE S 22° 16' 26" E for a distance of 987.97 feet to a POINT; THENCE S 20° 27' 48" E for a distance of 974.64 feet to a POINT; THENCE S 20° 39' 36" E for a distance of 987.46 feet to a POINT; THENCE S 22° 42' 50" E for a distance of 972.76 feet to a POINT; THENCE S 23° 29' 45" E for a distance of 1,008.81 feet to a POINT; THENCE S 22° 12' 18" E for a distance of 940.81 feet to a POINT; THENCE S 21° 17' 20" E for a distance of 1,040.53 feet to a POINT; THENCE S 23° 36' 20" E for a distance of 977.16 feet to a POINT; THENCE S 23° 57' 25" E for a distance of 1,104.24 feet to a POINT; THENCE S 24° 26' 17" E for a distance of 1082.21 feet to a POINT; THENCE S 23° 50' 11" E for a distance of 803.61 feet to a POINT; THENCE S 22° 36' 27" E for a distance of 1,129.03 feet to a POINT; THENCE S 22° 14' 48" E for a distance of 1010.56 feet to a POINT; THENCE S 22° 36' 24" E for a distance of 787.45 feet to a POINT; THENCE S 22° 56' 21" E for a distance of 2,005.99 feet to THE POINT OF TERMINATION, HAVING COORDINATES OF NORTHING 1,065,574.93 FEET AND FASTING OF 916,077.38 FEET, SAID POINT BEING 25.50 FEET DISTANT FROM A DEPARTMENT OF NATURAL RESOURCES MONUMENT PL-R-1 4-9-92 1992 (HAVING COORDINATES OF NORTHING 1,065,574.82 FEET AND FASTING 916,051.88 FEET NAD 83/90) ALONG A BEARING OF N 89° 45' 49" E. "SEE SHEET 3 FOR SKETCH OF LEGAL DESCRIPTION" NOTES: THIS IS NOT A SURVEY. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, OWNERSHIP OR EASEMENTS OF RECORD NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. O co ~~ Q \ ~. G C0 % %' ~, ~i LANDWARD LIMITS~\ OF CONSTRUCTION `~ BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990. PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY CORPORATION. MORGAN & EKLUND, INC. CERTIFICATE OF SURVEYOR - I HEREBY CERTIFY THAT THE INFORMATION SHOWN HEREON IS IN ACCORDANCE WRH A RECENT FIELD SURVEY MADE UNDER MY DIRECTION, AND THAT R IS TRUE AND CORRECT TO THE BEST OF Ml' KNOWLEDGE AND BELIEF, AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURJEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO ~EYIQ~ 472.027, FLORIDA ,~ SKETCH OF LEGAL DESCRIP110N OCEAN DUNES OF HUIICHINSON ISLAND CONDO. ASSOC.. INC souTH s7 LUCIE COUNTY BEACH RESTORAl10N FOR ST. LUgE COUNTY EROSION DISTRICT PROFES810NAL 8URVEY CONSULTANTS 8745 US HIGHWAY ~1 P.O. BOX 1420 WABASSO, FL 32970 PHONE: (772) 388-5364 FAX: (772) 388-3165 1500 S.E. 3RD COURT SUITE 110 DEERFIELD BEACH, FL 33441 PHONE: (954) 421-6882 FAX: (954) 421-0451 aawu ei aram er rEto eaac aie a• sc~tr 9 JRM n~e~n n1ilRi~n1~ N ~~o ~~ r'o. C~ I ooresscw ,va 5117.12 1"=100 a>F 02!24/2012 0 MORGAN & EKLUND, INC. PROFE8810NAL SURVEY CON8ULTANTB 8745 US HIGHWAY 1{'1 1500 S.E. 3RD COURT P.O. BOX 1420 SURE 110 WABASSO, FL 32970 DEERFIELD BEACH, FL 33441 PHONE: (772) 388-5364 PHONE: (954) 421-8882 FAX: (772) 388-3165 FAX: (954) 421-0451 s~ of ucwl noN uw~wARO uwTS of cONSrRUCnoN SOUni ST. UICIE COUNTY BEACH RESTORAnON FOR ST. LUCK COUNTY EROSION DISTRICT awry er aeoan er nno agar arc a- air -_ ~R~t ~e ~ 01 ~1 a ~~m 5~11b97a1,2 1" = 3000' are 02/24/2012