HomeMy WebLinkAbout12-032 EDRESOLUTION NO. 12-032
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•
Frannie H tchinson, Chair
ATTEST:
f•
APPROVED AS TO FORM AND CORRECTNESS:
~~
~~~~
By:
County Atto
This document prepnred by
Janet LiCnusi under the direction
of Dnniel 5. McIntyre
County Attorney, St. Lucie County
2300 Virginin Avenue
Fort Pierce, Florida 34982
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3763171 10/292012 at 04:35 PM
OR BOOK 3447 PgGE 1552 - 1558 Doc T
RECORDING: $61.00
Ype: EASMT
Project Name: South County Beach and Dune Restoration Project
Parcel No.: 22
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT is made this ~ day of .~~~~ _if ~ 2012, by and between THE
ATLANTIS BUILDING A CONDOMINIUM ASSOCIATION, C. whose mailing address is 10102 S.
Ocean Drive, 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".
RECITA LS:
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 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,
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, 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 d unes; 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 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 of ~j ~~sr 2012.
WITNESSES: THE ATLANTIS BUILDING A CONDOMINIUM
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Print Name
STATE OF ~.ccs~` )
COUNTY OF Sf - C.c,u..c.. )
ASSOCIATION, INC.
It's; ~ }'~~.3 ici!_-~-~~
I HEREBY CERTIFY, that on this day, before me, an officer duly authorized to take
acknowledgments, personally appeared I~h~M~-- L {-Cfz,.~~~~J€ of
~~~-~~~(E °~~ , a (~~1c~1f~~ A ~~..:~~t (ir- corporation, on behalf of the
corporation, to me known to be the person(s~scribed in and who executed the foregoing
instrument (describe type and date of attached instrumentrcu,;, ~o~ f,~~~sD that :F~'L-F
acknowledged before me that ~,q,~ executed the same. I relied upon the following form(s) of
identification of the above named person(s) ~ jat j~~`~ ~~ S
L--~~ C' ~ ~;~~ s E' , an oath (was /was not) taken.
WITNESS my hand and official seal in the County and State last aforesaid this g
of , 2012.
(SEAL)
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Printed Name of Notary Public
My Commission Expires: G ~ ~ ~
day
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POINT OF BEGINNING OF
~ LANDWARD LIMITS OF
R..98 ~ CONSTRUCTION
NAD 83/90
N=1081991.76
~ E=909230.14
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~~ ~ LANDWARD
~ ~ LIMITS OF
CONSTRUCTION
N ~
oG~ R-106 \ ,
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~ ~~~~ MEAN HIGH WATER LINE
® ELEVATION = 0.51 NAVD 88
\ JANUARY 18, 2012
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R-107
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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
MORCAN & EKLUND, INC.
PROFE8810NAL 8URVEY CON8ULTANT8
8745 US HIGHWAY /1 1500 S.E. 3RD COURT
P.O. 80% 1420 SUffE 110
WA&1SS0, FL 32970 DEERFIEU) BEACH. FL 33441
PHONE: (772) 388-5364 PHONE: (954) 421-6882
FAX: (772 388-3165 FA%: (954) 421-0451
1 " = 600 FEET
ATLANTIC
OCEAN
'~, ~.
~~
R-109~~~ ~ PROPOSED EASEMENT
OR BOOK 280 PAGE 90
,~ (SEE DETAIL SHEET 2)
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`l` R-110 \~ ~
SEC?IO S~RANGE 41 E
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SECT N 1, TOWNSHIP 3~~5, RANGE 41E
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EGAL DESCRIPTION aarmaw ~a
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THE A1LAN11S BUA.DING A CONDOYINIt~II ASSOgATION, INC.
SOUTH Sr u~ OOUNTY eEAC~I RESTORATION ,~~ = fi00
FOR ST
LUgE COUNTY EROSION DISTRICT a z
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LANDWARD LIMITS ` m
OF CONSTRUCTION \ ~
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DESCRIPTION OF PROPOSED .CONSTRUCTION EASEMENT
THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 280, PAGE 90, 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 fora 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 CERTIFICATE OF SURVEYOR - I HEREBY CERTIFY THAT THE INFORMATION
SHOWN HEREON IS IN ACCORDANCE WRH A RECENT FIELD SURVEY
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA ~EE
ES
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e
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LICENSED SURVEYOR AND MAPPER B
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F An
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O
ELIEF
AND
MEETS THE
M
N MUM
TECH NDARDS AS SET FORTH BY THE FLORIDA BOARD OF
COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. PRO SSIONAL RVEYORS IN ER 5J-17, FLORIDA
ADMI ISTRATNE CODE, UANT T EC 472.027, FLORIDA
STAT S.
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.
v R. MOR 11, LS
LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY PRO LAND SURVEY~~~
CORPORATION. ~
STATE OF FCORlta4 // , _
\ `
~\ \U~>
MEAN HIGH WATER LINE \ ~ °
ELEVATION = 0.51 NAVD 88 ~
JANUARY 18, 2012 ~~ \O
~ ~~
450280200010002 `~~ j'
AND ALL CONDOMINIUM UNIT OWNERS ~ \ N ATLANTIC
THE ATLANTIS BUILDING A \ ~~
CONDOMINIUM ASSOCIATION, INC. ~ ~'~
10102 S OCEAN DRIVE NtJ ` / ~
ATLANTIS OFFICE BOX
JENSEN BEACH, FL 34957 ~6,~`, /~ ~?
~~~` OCEAN
--~ ~;
~~~ ~`
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/~i~ N
PROPOSED ~ j Aso
EASE ~'
MORGAN & EKLUND, INC.
PROFE8810NAL BURVEY CON8ULTANT8
8745 US HIGHWAY /1 1500 S.E. 3RD COURT
P.O. BOX 1420 SUITE 170
WABA550, FL 32970 DEERFIELD BEACH, FL 33441
PHONE: (772) 388-5364 PHONE: (954) 427-6882
FAX: (772) 388-3165 FAX: (954) 421-0451
.71~GIrr17 Vf ~,EW1L VL.~Vf 11V1~ ~ Smusmcw ro.
THE AlU1NTIS BUd.DWG A CONDOIdNUIII ASSOgATION. ING,
SOUTH ST. LUCIE COUNTY BEACH RESTORATION ,,~ =150
FOR ST. LUgE COUNTY EROSION DISTRICT 02/24/2012
arw er aer-m er reto ecor arc ~ steer
o,. ~o.. ------ .,. .._.,._._ sere ~ 3
MORGAN & EKLUND, INC.
PROFE8810NAL 8URVEY CON8ULTANTB
8745 US HIGHWAY d1
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
FAX: (954 421-0451
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52
1" = 3000'
apt
)2/24/2012