The URL can be used to link to this page

Home My WebLink About12-016 EDRESOLUTION NO. 12-016 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 ATTEST: / ,. f c ~~Y ,~"'.~~~ ,'o .M(.1 ~ ~ ~ ~', Clerk ' ~ °~ ~~~ ~~, .h: `i K ~ ~~~, ~_ _~ ~:- ~ ~e. ~~~/ ;:' / _ By: - Fran~Hut 'nson, Chair APPROVED AS TO FORM AND CORRECTNESS: r,~, r ,,: County Attor JOSEPH E. SMITH, CLERK OF T SAINT LUCIE COUNTY HE CIRCUIT COURT Tha dacumen? preparec ia~ FILE # 3763036 10/29/2012 at 03:05 PM v anet Lirausi under the direcnor OR BOOK 344 $61g00E 1106 - 1112 Doc Type: EASNrr RECORDING: of Doniel 5. McIntyre county Attorney, St. i_uc~e ~ounty 230u Virginia Avenue Fort ?fierce. Floridc 34982 Project Name: South County Beach and Dune Restoration Project Parce# No.: 6 TEMPC7RARY CC3NSTRUCTION EASEMENT THIS EASEMENT is made this ~~ day of ~/v~/~ 2032: by and between WINDMILL VILLAGE BY THE SEA CONDOMINIUM NQ.1 ASSOCIATION, INC. whose mailing address is 969 SE Federa# HWY Su#te 401, Stuart, FL 34994, hereinafter "Grantor"; and ST. LUCIE CC-UNTY EROSION DISTRICT, a Special Taxing District of the State of F#orida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982 hereinafter "Grantee". RECITALS: 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 At#antic C}cean; 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 mare 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 panted will be a*, paints landward of the MHWL and thus on the Grantor's #ands; and, WHEREAS, the Project may involve persons and equipment crossing over (#andward oft the MHWL and on the Grantor's property in order to place the sand and plant vegetation accarding to the Project p#ans; and, WHEREAS, the Grantor acknowledges and agrees that the Gr anteA may grant and convey any and all rights vested in the Grantee hereunder to such other ent#ties as it deems necessary in order to fully carry out the intent of the Project; and.. -i- WHEREAS, Grantor recognizes that its remaining land will benefit from this Beach and Dune Restoration Project; and, WHEREAS, Grantor hereby waives any and aH 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 shat! 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: 3. 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, and 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 shalt 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 (aj for placement of sand and dune vegetation upon completion of the Project construction or on June 30, 20? 3, 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, 201x. h iN WiTNE55 WHEREOF, this instrument is executed this ~ day of ~UN~ , 2012. WITNESSES: WINDMILL VILLAGE BY THE SEA CONDOMINIUM ~~ ~~ /~, Print Name ~~ ~-E~2J~a2f K~wt~ Print Name N0.1 ASSOCIATION, lNC. By: it's, ,~~d®~/'~ STATE OF r~~d c. } COUNTY OF ~~} i HEREBY CERTIFY, that on this day, before me, an officer duly authorized to take acknowledgments, personally appeared I Uri.( -I-~.-'gy50n of ~/I~i n~mi I~ Vi II a,`~ P~~ Tht, S,c.a. Con~'~a^~ `'," ~..-f ov,i ~• corpora`l'on, on behalf of the corporation, to me known to be the person(s) described in and who executed the foregoing instrument (describe type and date of attached instrument} that acknowledged before me that ~_ executed the same. !relied upon the following form(sj of identification of the above named person{sj an oath (was /was not} taken. WITNi=SS my hand and official sea! in the County and State last aforesaid this IG~h da 1 of ~ U n ~- , 2012. NOTARY PtiBLIC•STATE OF FLORIDA """' . Cynthia D. Turner Commission # EE101960 sSEAL ~•' Expires: JUN. 16, 2015 8~1~ THRII ATLANTIC BOYDING CO, INC. '1'l,{~k,~,J Notar ~ Public C~ ~,~I-h-a Jam. I ~~ner- Print.. Name of Notarv Public My Commission Expire,: ~ - I ~ •0201 POINT OF BEGINNING OF ~ LANDWARD LIMITS OF R_~ ~ CONSTRUCTION NAD 83/90 N=1081991.76 ~ E=909230.14 ~t R-110 ~ N 2, TOWNSHIP 37S, RANGE 41E'~ N 11, TOWNSHIP 37S, RANGE 41E l't ` _ R-111 ~~ 2 11 12 ~~ ~~ ~ ~ 0 0 Z z N ~ ~ z Z ~ ~ = 2 ~ ~ 'J J N ~ D D G7 C1 m m A A m m ~-' ~ ~ ~~ ~ R-112 \ \ ~ ~\ LANDWARD y ~ LIMITS OF ~ CONSTRUCTION a ~f > o ,, d ~, o ~, ~ ~' ~, 1" = 600 FEET ATLANTIC OCEAN ~~ ~ MEAN HIGH WATER LINE ELEVATION = 0.51 NAVD 88 JANUARY 18, 2012 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 T -r PROPOSED EASEMENT AREA !` ~- R-115~~ ca.asvn+aa MORGAN & EKLUND, INC. slc~rcH of LEGAL DESC~IPnoN 5117.12 WNdDYILI VILLAGE BY THE SEA CONDO. NO. 1 ASSOC., INC. PROFESSIONAL 8URVEY CON8ULTANT8 ~nTMp ~ ~~ ~.~ ~~ REST~AnON 1"=600 87 P.O. BOX 1420 ~1 1500 s rt~ RDO OURT FVR ST. LUCIE COUNTY EROSION DISTRICT 02/24/2012 WABASSO, FL 32970 DEERFlELD BEACH, FL 33441 _ PHONE: (772) 368-5364 PHONE: (954) 421-6882 FAX: (772) 388-3165 FAX: (954) 421-0451 ~ ~ ~M ame e~aoe 0'1/ 8/20 2 ~ 1 cr 3 R-,1a ~ ~ PROPOSED EASEMENT OR BOOK 3351 PAGE 1195 (SEE DETAIL SHEET 2) .n .~ O \ G~ O Q i. G CD N ~~ ~; ~tJ~~ ~ ~ " 6? ~~ ~ ~, ~, ~ ATLANTIC ~~ ~' ~ ~ OCEAN ~` ~ / ~ PROPOSED~~ ,\ ,~ ; EASEMENT ` ~ ~~ ^ °o ~~ ~~~ (0J2± Ac.) ~ ~ ~ ~ `; i , ~ ~, ' ~ LANDWARD LIMITS ~ , ~~ OF CONSTRUCTION . DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT THAT PORTION OF LANDS DESCRIBED AND RECORDED IPJ OFFICIAL RECORDS BOOK 3351, PAGE 1195, 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 CONBULTANT8 8745 US HIGHWAY ~1 1500 S.E. 3RD COURT P.O. 80X 1420 SUITE 110 WABASSO, FL 32970 DEERFlELD BEACH, FL 33441 PHONE: (772) 388-5364 PHONE: (954) 421-6882 FAX: (772) 388-3165 FAX: (954) 421-0451 \ ` ,,. ~~o ~~ . ,~ MEAN HIGH WATER LINE `` \~ ELEVATION = 0.51 NAVD 88 ~ JANUARY 18, 2012 ~~ 451180900020008 AND ALL CONDOMINIUM UNIT OWNERS WINDMILL VILLAGE BY THE SEA CONDO. N0. 1 ASSOC., INC. 10851 S.R. A1A JENSEN BEACH, FL 34957 4.~IDRG4N, l1, PLS ZONAL UND SURVEYOR OF FLORIDA _/ N ~~o ` O ~' ~ ~ ~J~- SKETCH OF LEGAL DESCRIPTION MIINDYILL VILUGE BY THE SEA CONDO. N0. 1 ASSOC. SIC. SOUTH ST. LUgE COUNTY BEAgi IB=STORATION FOR ST. LUgE COUNTY EROSION DISTRICT °~' " I "`~ " I ~ ~ ` I DTI, a, 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 AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. AND MEEfS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE RIDA BOARD OF PROFESSIONAL LAND SURVEY HAPTER 7, FLORIDA ADMINISTRATNE CODE, PUR NTT ECTION .027, FLORIDA STATUTES. aa~cw na 5117.12 1"=100 aTe 02/24/2012 0 MORGAN & EKLUND, INC. PROFESSIONAL SURVEY CONSULTANT8 8745 US HIGHWAY ~1 P.O. BOX 1420 WAB/lSSO, 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 slcETC~I of ECU. oESC~noN uwow~RO ins of a~NSTRUCnaN SOUTH ST. LUgE gx1NTY BEAgi RESTORAnON FOR ST. LUgE COUNTY EROSION DISTRICT awwa er aecram ev inn ajar arr a sc~acr sin.i2 t" = 3000' arc