HomeMy WebLinkAbout12-027 EDRESOLUTION NO. 12-027
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
;'
~Y~
Fra ie H hinson, Chair
ATTEST:
PROVED AS TO FORM AND CORRECTNESS:
This document prepared by
Janet LiCausi under the direction
of Daniel 5. McIntyre
County Attorney, St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
SAINT UCIE COUNTYERK OF THE CIRCUIT COURT
FILE # 37g3D47 10/29/2012 at 03:05 PM
OR BOOK 3447 pgC,E 1183 - 1189 Doc Type: EASMT
RECORDING: 861,00
Project Name: South County Beach and Dune Restoration Project
Parcel No.: 17
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT is made this day o~f~ 2012, by and between BEACH
CLUB COLONY ON THE OCEAN, INC. whose mailing dress is P.O. BOX 6028 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".
_R E C 1 T ~;-L S: _
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 (ands; 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,
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, and assigns, to construct, repair; nourish, r'ehabiCtate 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 sift
screens and sand fences; to facilitate preservations of dunes and vegetation through the
(imitation 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.
-~-
IN WITNESS WHEREOF, this instrument is executed this ! ~ day o ~ -,~.~C~ 2012.
WITNESSES:
n r ~ 1 (/~- ~ ~' .~
Prin ame
Print Name
STATE OF °)
COUNTY OF , ~~
BEACH CLUB COLONY ON THE OCEAN, INC.
~!~_ ~..
I HEREBY CERTIFY, that on this day, befor me, an officer ;uly authorized to take
a nowfedgments, personally appeared ~ of
~ ~
a -lam ~A>~~-~- corpora ion, on behalf of the
R corporation, to me known t be the person(s) described in a d who executed the foregoing
instrument (describe type and date of attached instrume n ~ ,~11 ,~
acknowledged before me that executed the same. I relied upon the ollowing form(s) of
identification of the above named person(s)
an oath (was /was not) taken.
WITNESS my hand and official seal in the County and State last aforesaid this -~ day
o , 2012.
(SEAL)
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Notary Public
Printed Name of Notary Public
My Commission Expires:
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POINT OF BEGINNING OF
~ LANDWARD LIMITS OF
R_gg ~ CONSTRUCTION
NAD 83/90
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MEAN HIGH WATER LINE
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ELEVATION = 0.51 NAVD 88
O ~ JANUARY 18, 2012
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1" = 600 FEET
ATLANTIC
S`~CTION 2, TOWNSHIP 375, RANGE 41E `
SE TION 11, TOWNSHIP 37S, RANGE 41 E ~-
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R-1
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
1._
I PROPOSED EASEMENT AREA
OCEAN
2
11 12
PROPOSE EASEMENT
OR BOOK PAGE 193
(SEE DETAIL SHEET 2)
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MORCAN & EKLUND, INC. s~ OF I~cAI DESCR~T~N `""~°;
PARCEL ~511110000570DI
PROFESSIONAL SURVEY CON8ULTANT8
SouT>• sr. waE OOUNTY eEAC~ RESroRAnaN 1"=soo
8745 US HIGHWAY /1 1500 S.E. 3RD COURT
P.o. Box ,420 surrE tto
FOR ST. LUCIE COUNTY EROSION DISTRICT at[
WABASSO, FL 32970 DEERFlELD BEACH. FL 33441 ozr24/2012
PHONE: (772) 386-5364 PHONE: (954) 421-6882 ~M+ m' atrxm er quo eaar arc ar sua<r
FAX: (772) 388-3165 FAX: (954) 421-0451 pg JRM vrr rn 01/18/2012 ~T 1 a• 3
MEAN HIGH WATER LINE ~ ~
ELEVATION = 0.51 NAVD 88 ATLANTIC
JANUARY 18 2012
451111000057001
BEACH CLUB COLONY ON
S OCEAN DR
PO BOX 6028
JENSEN BEACH, FL 34957-0001
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PROPOSED
EASEMENT ~~
(0.16± Ac.)
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LANDWARD LIMITS '
OF CONSTRUCTION \
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DESCRIPT_I0_N OE PROPOSED CONSTRUCTION EASEMENT
THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 196, PAGE 193, 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.
PROFESSIONAL 8URVEY CON8ULTANTB
6745 US HIGHWAY /1
P.O. BOX 1420
WABASSO. FL 32970
PHONE (772) 368-5364
FAX: (772 388-3165
1500 S.E. 3RD COURT
SUITE 110
DPHONE~(98~42~6 g41
FAX: (954) 421-0451
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THE OCEAN, INC ~~° ~~ / j ~' o
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3520
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71~G 1 Vrl VF mraww ~n
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LLV/V. YG.7~ IIYI~ S
PARCEL ~5111100005700I
souTH sT
LuaE OOUNTY aEAa• RESTOR~-naN '" °'°°
.
FOR ST
LUgE COUNTY EROSION DISTRICT ~
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aa+wo er tncr~n er ,ten mr arr ar armir
P9 JRM iwce •o. 01/18/2012 ~~ 2 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 MEETS THE MINIMUM
TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF
PROFESSIONAL LAND SURVEYORS IN CI~IPT~R 5J-17, FLORIDA
ADUINIS~ylAilrE Ci1Q~,~ PURSUANT TO ECTION\472.027, FLORIDA
MORGAN & EKLUND, INC.
PROFE8810NAL 8URVEY CON8ULTANTB
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
F 954 421-0451
s~ of LEGAL DESCRIPTION
LANDWARD LIIIIIS OF CONSTRUCTION
SOUTH ST. LUCIE COUNTY BEACH RESTORATION
FOR ST. LUCIE COUNTY EROSION DISTRICT
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air
02/24/2012