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Home My WebLink About12-022 EDRESOLUTION N0. 12-022 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 /~ ~` ~~ By: ~, Frahrrie Hu chinson, Chair ATTEST: APPROVED AS TO FORM AND CORRECTNESS: ~ fry( ~ By. County Atto ney This document prepared by SA NT H E. SMITH, CLERK OF THE CIRCUIT CO Janet LiCausi under the direction LUCIE COUNTY URT FILE # 3763042 1p~29~2012 at 03:05 pryl of Daniel S. McIntyre OR BOOK 3447 PAGE 1148 _ County Attorney, St. Lucie County RECORDING: $g1 ~ 1154 Doc Type; EgSMT 2300 Virginia Avenue Fort Pierce, Florida 3A982 Project Name: South County Beach and Dune Restoration Pro)ect Parcel No.: 12 TE~A?CIRARY CONSTRUCTION EASEMENT THlS EASEMENT is made this ~-~ day of r~J , 2012, by and between BEACH CLUB PROPERTY OWNERS' A550CIATION, INC, whose mailing address is 10740 S, Ocean Dr., Jensen Beach, FL 34957, hereinafter "Grantor", and ST. LUCIE COUNTY EROSION D[STRICT, 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 particulariy 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, 1MHER.EP.S, 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 #rom this Beach and Dune Restoration Project; and, WF{EREAS, Grantor hereby waives any and alt 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, NSW, THEREFORE, in consideration of the mutual benefits, covenants and conditions 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 fihe Grantee, its agents, successors and assigns, a temporary construction easement and temporary right-of--way in, on, over and across the land descri-bed-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 ~nncYrtw ~h~nn 3CCr~,•diri~ tQ tF~c? Pro;ec± 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 shalt automatically terminate (a) far 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- fN WITNESS WHEREOF, this instrument is executed this Z i day of ~~ t~ -, 2012. WITNESSES: ~c~ ~ ' ^"r""~'~ Prin Name Print Name BEACH CLUB PROPERTY OWNERS' ASSOCIATION, INC. By: rr/hi`~ ~- rrr~ S /Z . ~'/3v~s a.-~ t" It's; {~fd..~s : Des ?`_ STATE OF ~" ~~ } COUNTY OF 5 ~s~~. - ) I HEREBY CERTIFY, that on this day, before me, an officer duly authorized to take acknowledgments, personally appeared ~?~45 ~ = yAv~s~-"/ i f'~`-~ of P~~~HCL~,/j P!~?Y2~rc~~.~.N~.,cS ~ a~ r`~~.;D~ corporation, on behalf of the corporation, to me known to be the persons} described in and who executed the foregoin~ instrument (describe type and date of attached instrument}~~9/uf ~~£iat ~> ~ acknowledged before me that ~ executed the same, l relied upon the following forms} of identification of the above named person(s) !i"Nrr~s'~~ °~ b. ~ ~''~ J~~~ Sc~ ~ ~ ~'"~ "' ~'~~`~ , an oath (t~/was notJ taken. WITNESS my hand and official seal in the County and State last aforesaid this ~ day of ~U ~~_r____, 2012. -~~~~.:; HEATHERANN NORD ,, NOTARY PIJBtlC-MINNESOTA iNy Commi>~ion 61pNes Jan. 31, 2016 ~. ~.~ . '~~ ~' Notary Public Printed Name of Notary Public My Commission Expires: -3- POINT OF BEGINNING OF ~ LANDWARD LIMITS OF Rig ~ CONSTRUCTION NAD 83/90 N=1081991.76 ~ E=909230.14 ~ ~~ ~ ~ \ \ ~ ~ ~ ~ I' MEAN HIGH WATER LINE ~\ ELEVATION = 0.51 NAVD 88 ~ JANUARY 18, 2012 ~ \ R-109 ~ ~. ON 2, TOWNSHIP 37S, RANGE 41E DN 11, TOWNSHIP 37S, RANGE 41E \ N ~ ~~ l ~ ~"-' LANDWARD ~ ~ LIMITS OF ~~ CONSTRUCTION ~ ~ / \\ R-110\ \ \~ __ v 0 G ~ J 0 d 0 7L N 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. PROFE8810NAL SURVEY CONSULTANTS 8745 US HIGHWAY /1 1500 S.E. 3RD COURT P.O. BOX 1420 SUITE 110 WABASSO, FL 32970 DEERFlELD BEACH. FL 33441 PHONE: (772) 388-5364 PHONE: (954) 421-6882 FAX: (772 388-3165 FAX (9541 491 -rfL51 ~~ ~ ~~ \\ \ \ R-111 2 11 12 ~~ ~~ zo CN G < z z ~ ~ _ _ ~ ~ D D Z Z ~ ~ m m A A mlm OCEAN \ ~ PROPOSED EASEMEIJf OR BOOK 649 PAGE 2213 ~~ ~~; (SEE DETAIL SHEET 2) \~~~ ~.-._` ~\`, ^- R-113 ~ ~ ~ ~'\ ~ SKETCH OF LEGAL DESCR~TION ay. S BEACH CLUB PROPERTY 01NNERS' ASSOC., NIC. =ate SOUTH sT: LUCIE COUNTY BEACH RESTORATION 1 ~~ = fi00 FOR ST LUCIE COUNTY EROSION DISTRICT . 02/24/2012 oiai~ er arum er rrin soar as ar simEr .. _ ._.. ~.... 1 .,r ~ \ ~~ ~, ~ ~ R-112 ~ \ ~ ~ m 1" = 600 FEET ATLANTIC 1z - 7, \ EAN HIGH WATER LINE \ `` ~ LEVATION = 0.51 NAVD 88 ~ JANUARY 18, 2012 ~ ~` 451152100010008 ~ /~ AND ALL CONDOMINIUM UNIT OWNERS 10740 S OCEAN DR ~ / i ~ . ~ ~~~~~~ ~ BEACH CLUB PROPERTY OWNER'S Nom` ASSOC., INC. ~° ~~~ 0 BOX 22197 ~ ~% ~j N~ ~ L KE BUENA VISTA, FL 32830-219 ~ / k ~ PROPOSED ~ `~ ~" ~ ~ so. g EASE RENT ~~ ~ (0.55 c.) ~ ~, ~ OCEAN OGrr ~~~ ; ~ /~. ~ ,. ,- O ~ '~~ o ~ Q LANDWARD LIMITS w` \~ OF CONSTRUCTION ~ 7` DESCRIPTION OE PROPOSED-- CONSTRUCTION EASEMENT THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 649, PAGE 2213 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 CON8ULTANTB 8745 US HIGHWAY /7 1500 S.E. 3RD COURT P.O. BOX 1420 SUfTE 170 WABASSO, FL 3297D DEERFlELD BEACH, FL 33447 PHONE: (772) 388-5364 PHONE: (954) 421-6882 FAX: (772) 368-3165 FAX: (954) 421-0451 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 MY KNOWLEDGE AND BELIEF, AND MEETS THE MINIMUM TECHNI~D~€S AS SETFOR~TH BY THE F~IDA BOARD OF PRO LAND SURVEYO HAPTER S,J~ FLORIDA ISTRATIV PURS SECTION 027, FLORIDA _,. PLS SURVEYOR SuETgi of ~ECAI. ZION BEAa~ CLUB PROPERTY owNERS' Assoc., arc. SOUTH st: wqE COUNTY BEACH RESTORA?ION FOR ST. LUgE COUNTY EROSION DISTRICT ua~ry aEC~o er mo aoarr arc ~ suxty rn.ecvcw en 5117.12 r=loo arc 02/24/2012 y~cr 2 ~ 3 0 MORGAN & EKLUND, INC. PROFE8810NAL BURVEY CONBULTANT8 8745 US HIGHWAY /1 P.O. BOX 1420 WABASSO, FL 32970 PHONE: (772) 386-5364 FAX: (772) 388-3165 1500 S.E. 3RD COURT SURE 110 DEERFIELD BEACH, FL 33441 PHONE: (954) 421-6882 FAX: (954) 421-0451 s~ra~ aF ~c~ oESC~PnoN LANDWARD Ll1~IIT5 OF cONS1RUC110N soun~ sr. LLIgE COUNIY aEAC~ RESroRA~noN ~ sr. wc~ COUNIY ~oN asrn~cr aamnr er arGam x n[io soar are a- suaisr O JRA~ a.,Y.., n~ Hn/~n~ 5117.12 scvc 1 " = 3000' arr 02/24/2012