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Home My WebLink About12-017 EDRESOLUTION NO. 12-017 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 ~- / `.../ /i BlY• Frannie tehinson, Chair ATTEST: Clerk This document prepared by Jnnet LiCausi under the direction of Daniel 5. McIntyre County Attorney, St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3763037 10/2912012 at 03:05 PM OR BOOK 3447 PAGE 1113 - 1119 Doc Type: EASMT RECORDING: $61.00 Project Name: South County Beach and Dune Restoration Project Parcel No.: 7 TEMPORARY C®NSTRUCl'ION EASEMENT THIS EASEiViEfvT is made this ~ day of , 2012, by and between ECOIL PROPERTIES, LLC., whose mailing address is 1645 Palm B ach Lai<es Blvd. STE. 1200, West Palm Beach, FL 33401., 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". 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 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 E>chibit "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 wilt 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 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: 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" far 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 Eand; to construct berms and dunes; to move, store and remove equipment and supplies; to erect and remove temporary structures, and to perform any other wori< 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 fine 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 p{acement 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 IVlarch 1, 2016. -2- IN WETNESS WHEREOF, this instrument is executed this day of , 2012. W{TNESSES: /~ S ~ ~i~~w S Qlrn~'~r~,rl Prin Na Print Na e STATE OF ~ ) COUNTY OF -~ ECOIL E~ROPERTIES, LLC By: I HEREBY CERTIFY, that on this day, before, an officer duty authorized to take ac~knowie ments, personally a peared !/l`~Wt.4:~1 ~~ 1,~ . ~c~. i ~ of ~~ , a ,. ~ ( ~ cam, on behalf of the corporation, t 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. I relied upon the following form(s) of iden~ication^ of the above named person(s) _~~`~~ _~C~C:~--o , an oath (was /was not) taken. ` ITN SS my hand and official seal in the County and State last aforesaid this ~ day of , 2012. (SEAL) ~,`,~,,,~, ,,~ N;~ •.,,,,, e~lo6Er IiAAR1E MAIM ~y Notery t+ubtic - sah a Florfde e My Comm. Expires Dec 9, 2013 =;?.~ ~e~= Commission #~ DD 916389 ''~~~° ~~ ~~`'~~ Bonded Through National Notary Assn. -3- N ary Public ~F ~~~~ ^~ ~"Vit~` \ Printed Na ' of Notary Public My Commission Expires: POINT OF BEGINNING OF ~ LANDWARD LIMITS OF R-98 ~ CONSTRUCTION NAD 83/90 N=1081991.76 ~ E=909230.14 ~,~ ~~ ~~ ~~ R-110 ON 2, TOWNSHIP 37S, RANGE 41E _`.~ ON 11, TOWNSHIP 37S, RANGE 41E `'_., ~, tt ~~ ! 2 ~ 11 12 ~'~ ~ ~ m m ~ ~ - + + o O ~ Z Z _ N ~ ~ ~, ~ \ Z Z m ~ _ _ , R-111 \ ~\ J J ~~ ~ ~ A A ~ ~ ~ A ~ j m m G ~ ~ ' \ , ~ d, , ~ ~ R-112 m . ` ~ LANDWARD LIMITS OF \ ~ CONSTRUCTION ~ ~ ~~,f \\~'. 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 PROPOSED EASEMENT AREA MORGAN & EKLUND INC. s~ of LECA~ DESCRIPTION , PARCEL, X51231300010002 PROFE8810NAL SURVEY CON8ULTANTB ~~ COUNTY ~~ RESTO~~ON S~TH ~ 1"=soo COURT u ~X ~r20 ~, 1500 SU~ RD 87 P ~ LUCIE COUNTY EROSION DISTRICT FOR ST oz/za 20,2 o O . WABASSO, FL 32970 DEERFlELD BEACH, FL 33441 PHONE: (772) 388-5364 PHONE: (954) 421-6882 °~"N er cram er rm eoac ate or suMr sr¢i 1 ~ 3 FAX: (772) 388-3165 FAX: (954) 421-0451 Pg JRM rwceia. 01/18/2012 ~- PROPOSED EASEMENT R-11a ~b '' OR BOOK 2375 PAGE 2738 ~ (SEE DETAIL SHEET 2) ~__ g 1" = 600 FEET ATLANTIC R-115, ~' , U/ \ `' MEAN HIGH WATER LINE \ ° ATLANTIC ELEVATION = 0.51 NAVD 88 (P JANUARY 18, 2012 .~ \ ` ~~ ~ ~ ~ / ' ~o j 451231300010002 ' ~ ~ ~ ECOIL PROPERTIES LLC tJ~~ ,'~ ~ ~ 1675 PALM BEACH LAKES BLVD STE 1200 6? ~ WEST PALM BEACH, FL 33401-2204 ~ ~ ~ ~ N ~ ~ OCEAN g O~~ \ b ~ PROPOSED '~ n EASEMENT ~~ (0.30± Ac.) ~\~~ O LANDWARD LIMITS ;~ iG OF CONSTRUCTION \~ ~ ~ ' \~ DESCRIPTION OE PROPOSED CONSTRUCTION EASEMENT THAT PORTION OF LANDS DESCRIBED AND RECORDED tN OFFICIAL RECORDS BOOK 2375, PAGE 2738, 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' S0" 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, SA-D 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. CERTIFlCATE OF SURVEYOR - I HEREBY CERTITY 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 BEjNO~NOWLEDGE AN16 AND MEEfS T}jP.fAIINIMUM TEC TANDARDS AS SET F H BY THE FLORID/A~60ApR/p OF ESS10 SURVEYO IN ER SJ-17, LORI ADMINISTRATIVE CODEI.PURSUNIT TO 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. MORCAN & EKLUND, INC. Sf(ETCH OF LEGAL DESCRIPTION PARCEL 4.51231300010002 SOUTH 51 LugE COUNTY 8EI1CH RESTIORATION FOR ST. LUgE COUNTY EROSION DISTRICT aaaw ev acarm er Otto soar air or stre~r Pa .IR avr .n 01 /1 R/9019 PROFE8810NAL SURVEY CON8ULTANTS 8745 US HIGHWAY {~1 1500 S.E. 3RD COURT P.O. BOX 1420 SUITE 110 WABASSO, FL 32970 DEERFlEID BEACH, FL 33441 PHONE: (772) 388-5364 PHONE: (954) 421-6882 FAX: (772) 388-3165 FAX: (954) 421-0451 tr'l. cnuassnv wa 5117.12 r=loo a>E 02/24/2012 sNerr 2 ~ 3 +o MORGAN & EKLUND, INC. PROFE8810NAL SURVEY CONSULTANT8 8745 US HIGHWAY ~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) 427-6882 FAX: (772) 388-3165 FAX: (954) 421-0451 S~Ta~ aF ~ECwI oESa~IPnoN I.ANDwARD uulTS of coNSrRUCTION SOUTH ST LUCIE COUNTY BEACH RESTORATION FOR ST. LUCIE COUNTY EROSION DISTRICT at~wu er dlEClso er lltto eoarc atr tr suan Pn .IAA/ _.~ ._ n~ /~ o /nn~ n 5117.12 000• arr 02/24/2012 sncer 3 ar