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HomeMy WebLinkAbout12-015 EDRESOLUTION NO. 12-015 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 ~ ~ - J Fra e H chinson, Chair ATTEST: APPROVED AS TO FORM AND CORRECTNESS: ~, By: County Attor e ,r , 'his documen# prepared by Janet LiC;ausi under tMe direc#on of Daniel 5. McTn#yre Colin#y At#orney, 5#. Lucie Colin#y 23Q0 Virginia Avenue Fort Pierce, Flnridn 3492 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3763035 10/29/2012 at 03:05 PM OR BOOK 3447 PAGE 1097 - 1105 Doc Type: EASMT RECORDING: $78.00 Project Name: South County Beach and Dune Restoration Project Parcel No.: 5 TEi~IIP~RAftY C~~JSTRUCTI~N EA~EAAEhlT TMI~ EASEMENT is made this ~3ti~ day of ~c ~~r 2912, by and bettween I~/ladness, Limited Partnership, whose mailing address is 19999 ~. C~sean prive, ~ens~en Beach, !=L 3957, hereinafter "Grantor", and ST. LUCIE CQUNTy ERfJSlt3(a! p1STRl~'T, a Special T~a~cing District pf the State of Florida, whose address is 23~t) ~/irgina avenue, Fort Pierce, Florida 3~9~~ hereinafter "Grantee". Rl~lz~a~.s: WHIQEAS, Grantor owns property in St. Lucie County, Florida; and, 1NMEREAS, 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 flee Grantor's property as more particularly described on Exhibit "a", said project nacre partic~llarly described hereafter as the South County Beach and Dune Rest©rati+~n Project (hereinafter referred to as the "Project"); and, 1Ni~ERI~AS, the sand so deposited and the native ;dune vegetation so planted will be at points landward of the Mtl~/VL and thus on the Grantor's lands; clad, ~dVMEIREAS, the Project may involve persons and equipment crossing over (landward of) the MH~Ar'L and on the Grantor's property in order to place the sand and plar+t vegetation according to the Project plans; anti, UUME~EAa, the Grantor acknowledges and agrees that the Grantee may gratat and convey any and all rights vested in the Grantee hereunder to such other entities as it deerris necessary in order to fully carry out the intent of the Project; and, tAlbjRfE~-S, Grantor recognizes that its remaining land will benefit from this Beach and Dune Restoration Project; and, 1NME~EA~, Grantor hereby waives any and all rights to compensation which may be due Grantor by reason of the transations contemplated herein in consideration of the benefits to be derived by the Project; this waiver shall not be construed to prevent a clam against Grantee's contractor if the contractor damages the Grantor's structures and/or property. iN~1lV, TMii:iREfl~~l=, 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. Z. Grantor .does hereby grant, establish and convey unto the Grantee, its :agents, successors and .assigns, a temporary construction easement and temporary right-oi`~v~.ay ire, o, over and across the land described in Exhibit "~" for use by the Grantee, its representatives, agents, contractors, and assigns, to construct, repair, nourish, rehabilitate and replace a beach and dune system and other erosidn control and storm damage redyction r~reasa~res together with appurtenances thereto, including the right to deposit sand; to accomplish any alterations of contours on said land; to construct berms and dunes; #o move, store .and rer~a~ve equipment and supplies; to Bret and remove temporary structures, and to perform any ot+aer vuork necessary .and incident to the construction of the youth Gounty Beach and l~sane ltestorataon Project; to plant vegetation on said dunes and berms; tv erect, rrrraantain and remove salt 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 frs~n<t saad land all trees, underbrush, debris, obstructions, and any other vegetation, struct~rres and obstacles ~+athara the limits of the easement varithin the footprint of the dune and beach berm provisfed tlae Grantee shall consult wrath the Grantor before any permanent structures are removed. The limits of construction shall be from the landward acre of the dune to the mean high anrater line of the constrution according to the Prfljet plans. 3. This easement shall run with the farad and shall be binding upon the Grantor and {his) {her) (atsj jtheir) heirs, success®rs and/or assigns. This easement shall ar9tonaaticall~y terminate {a) for placement of sand and dune vegetation upon cornpletifln of the Project construction or on lone 3D, 2A13, whichever occurs first and b) fflr tilling of the beach, leveling of escarpments and replanting 4f the dune - as required by the Project permits - ,by March 1, 2016. -2- Ir~f 1A/rTr1~E~~ ~AIHE~Et~f, this instrument is executed this _~_ day of _ 212, V1/ITNE55ES: r _ __ _._ Print Mame ~ ~~ ~ ~.P -i c~~c,~.~..~-t Print Mame STATE DF~ __ ___ Cfi~I,MTY DF MADNES ,LIMITED PAitTNi:RS~IIP sy: ~ It's:~~q~..- I HEREBY ~EFtTIFY, that pn this day, befr~r~e me, an ~offi r duff a~th~rized t~ taise acknowledgments, P small appeare e ~.~~ ~. t~f ~~~ ~-..~...~~~ ~ n, ~n behalf ~f tt~e corporation, to me known to be the persr~n(s) described in ~d ~ ~ex~~ut d . e fore ing instrument (describe tyNe and date of attached instrurnent) ~`~t `fat acknovuledged before me that ~ executed the same. I relied upon the f~olls~wing fortes) identification ~~ the above named ersonls) an stath #anras / as ~ talon. W1TIdESS mY hand and official seal in the County and State last aforesaid this ~~:~~a ay of ~"' ' nY 212. e0.~~gptide d4i% - - x ~ ~~, a ' l I ~ ~ 1Uotary P~tbliC Printed Name of >Vt~tary Ptablc .-~ My Commission Expires: ~~ ~ ~'~ C:\tDutlock Terr~p\TCE.doc -~- I,IMITEI)1''0~1-'E~ ~F ,~iT'T(~Bl~dl~~' )Kl1T~~U ALA, l~~T ~~!-' 'Tl[~~E PBI~~EI++)T5: ~VI~EI~EAS, l~dnesc ~.,imited Pa~taersln~p is the Qwner oaf property under sp~ec~fically idertt~fied in the attached l~a.ser~ent Asreement. ~>~>~A~~ in order ~ facilitate the e3cecution of various documents the Partnership wishes to appoint Steven L. Perm as i€~ /~ttora3e~ in Fact with hall Author€~ to e~,cute documents relating to ~e Easement f~ree€nent. ~iQ~?V, ~'~~~'~ MADi~TESS LIiv~ITED PARTRSH~P hereby appoints T~VE~1 P11'~ (tI°u~ "Attort~;~"~ as his ~torne~~-In-Fact, to ~t ~a,~c, Q~c~G, Rio and perform any and s.ll acts and des of whatsoever nature which shall car ~ be, in the reas.onabie judgment ~f tkte t'~tto=ney, proper e~plient i~ connes~ti9n with the Easement Agre~rr~ei~t (n.ti~ed b~ lu~hbit "~."3, ar ar~~ ether its whiek~ x~iay he necessary ~ cnmpiete that transacta~n. The Attorney shall have full power to accomplish the purposes of t3~s Power of ~torney as fully and effectually in alb respects as I~IT~ES~ I,I~TT~A P,t~RT~tt~l~ ~eould do if the General Partner was Preser€t present. The Aat~rney shall t~:ot be regauired to Post bond of any nature in connection with this Pc~vaer of Attorney. The address of the "Attc~rney'° is: TEVEI~~ PE~R~', 2,820 1'~ariposa Circle, Palm City, Florida 34990 This Limited Power of ~.ttorney shall terminate upon the conclusion of ~e easement contemplated by the attached agreement.. Il~T WITLESS ~VHEIF, ll~~E LI~T~D P~T'~'Eltl~IIiP, has hereunto set the signature of the General Parer this ""<~~° da.y cif v : ~~. e" ~~ , 20 i 2. (.,,`, 1 ~`~'~` .~ s ~` ~. a ~ w~ ~ ~ r~ ~~~ x r G -- li~.~~'u~ lL T PAR ~, STATE OF # t~ ~~ ~ ~ COUNTY L~F f~~ ~~'~%~v~'l"~~` ~nota~~ Mock vn f©Zlowin~g page} RECEiVEG E~GINEEi~fl~~~~ The foregoing instrument vvas ac~nayvled~ed b~f~re me this day of 3.~anuary, 20Q6, b~ ~unnie Merrill President of Msdness, Inc. ,~enerat partner Qt' ~IAD?NESS LIMITER PART~TERSI~IP. She is personally known to rye or has prc~uce,~ ~_ as •identificaton. ~, ~ i ~.~ Fria d I~Tame: ~~ U ~' ~ ~ X'=~; w~ ~:~-~-~ Tot Public, Mate of Florida My Commission Expires: rvirvi ~r 6Cl~IIVIV IIVU VI ~ LANDWARD LIMITS OF R-98 \ CONSTRUCTION NAD 83/90 N=1081991.76 ` E=909230.14 ~-~- _ 1" = 600 FEET ATLANTIC OCEAN a ,, ~~ ~~ ~ LANDWARD LIMITS OF ~ CONSTRUCTION ~ ~ ~\ R-113 - ^ ` ~ ~, 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 PROPOSED EASEMENT AREA MORGAN & EKLUND, INC. PROFESSIONAL 8URVEY CONBULTANT8 8745 US HIGHWAY ({t 1500 S.E. 3RD COURT P.O. BOX 1420 SUITE 110 WABASSO, FL 32970 DEERFlELD BEACH, FL 33441 PHONE: (772) 388-5384 PHONE: (954) 421-6882 FAX: (772) 388-3165 FAX: (954) 421-0451 // R-111 ~ \ IL N ~ m m n ~ 1 ~ O O z z N 1 ~ Z Z ~ ~ 2 2 ~ ~ w w 'J J Cn ~ ~ \ D D ~~ Z Z \ m m A A ~ m m ~ ~ R-112 ~~, ,~ MEAN HIGH WATER LINE ELEVATION = 0.51 NAVD 88 JANUARY 18, 2012 ~~ R-114 ~~~ .~ ~ PROPOSED EASEMENT OR BOOK tt10 PAGE 401 ` \ (SEE DETAIL SHEET 2) ~ _ R-115 ~ \ \ ~ oor..ssav xa SKEIq'I OF LEGAL OE$CRIPTION 5117.12 PARCEL 451233100020005 soun~ sT. LuaE COUNTY BEA(~i RESTORnnoN ,° = fi00 FOR ST. LUgE COUNTY EROSION DISTRICT arc ov2a/zo12 awr+ ev trccran ev rttn soar arc ar suer s~ccr 1 or 3 Pg JRM ~c~ri. 01/18/2012 -~ ~`~ MEAN HIGH WATER LINE \~ ~ ~ ATLANTIC ELEVATION = 0.51 NAVD 88 ~ ~ ~ (n JANUARY 18, 2012 .~ ~ b ~ ~ ~ ~ ~ OCEAN ~ 451233100020005 ~ ~ ~',~ 10900 Al A ~° ` /~ /~~~ ~ ~ ~cD~po MADNESS LIMITED PARTNERSHIP ~~ % ~ 10873 S Al A ~ ~ %~ ~~-~ JENSEN BEACH, FL 34957-2608 ~ ~ ~~~ ~~ ~ ~, O '~ ;~ ~~ ~ , ~~ PROPOSED ; ~ ;%; p EASEMENT ;>>' co (0.58± Ac.) ~ ' b `N Q . LANDWARD LIMITS ~\ ~\c~o ~G OF CONSTRUCTION ~ ~ ~ ~ ~`\` DESCRIPTION OE PROPOSED CONSTRUCTION EASEMENT THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 1110 PAGE 401, 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. 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. PROFE8810NAL SURVEY CONSULTANTS 8745 US HIGHWAY ~1 1500 S.E. 3RD COURT P.O. BOX 1420 SURE 110 WABASSO, FL 32970 DEERFlELD BEACH, FL 33441 PHONE: (772) 388-5364 PHONE: (954) 421-6882 FAX: (772) 388-3165 FAX: (954) 421-0451 CERTIFICATE OF SURVEYOR - I HEREBY CERTIFY THAT THE INFORMATION SHOWN HEREON IS IN ACCORDANCE WITH A RECENT FIELD SURVEY MADE UNDER MY DIRECTION, AND THAT R IS TRUE A CORRECT TO THE BEST OF M1' KNOWLEDGE AND BELIEF, AN~~k~S E MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE F RIDA ARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 17, FL RIDA AOUiuiCTRATNE CODE, PURSI/~AT~TO SECTION 72.027 LORIDA FLORIDA vu SURVEYOR SKETCH OF LEGAL DESCRIPTION PARCEL X51233100020005 SOU1H ST. LUgE COUNTY BEAq~ RESTORATION FOR ST. LUgE COUNTY EROSION DISTRICT rouasyav xa 5117.12 1" = 100 aTc 02/24/2012 sxlrr 2 ar 3 ~o MORGAN & EKLUND, INC. PROFE8810NAL 8URVEY CON8ULTANTB 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 slcETa~1 of ~EC~ oESCRIPnoN uwuw~RO Fars of ooNSrRUCnoN SOU1H ST. UJgE COUNTY BEAgi RESTORAl10N FOR ST. LUgE COUNTY EROSION DISTRICT uww+ er aerws a nttn eaar are cr sw~r Pg JRM nvr rz O1 /18/201 5117.12 ,' ooo' are 02/24/2012