HomeMy WebLinkAbout12-035 EDRESOLUTION NO. 12-035
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
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Fra nie utchinson, Chair
ATTEST:
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PROVED AS TO FORM AND CORRECTNESS:
This document prepared by
Janet LiCnusi 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 # 3763174 10/29/2012 at 04:35 PM
OR BOOK 3447 PAGE 1573 - 1579 Doc Type: EASMT
RECORDING: $61.00
Project Name: South County Beach and Dune Restoration Project
Parcel No.: 25
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT is made this~~~ day of ~•Ul~_, 2012, by and between THE
MIR.AMAR CONDOMINIM ASSOCIATION, lNC. whose mailing address is 10000 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".
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 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 wil[ 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 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 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 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.
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IN WITNESS WHEREOF, this instrument is executed this~~~ day of ~~ , 2012.
WITNESSES:
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Print Name
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Print Name
STATE OF~~dC ~ ~~. )
COUNTY OF~4, ~V-~+`~)
THE MIRAMAR CONDONINIUM ASSOCIATION, INC.
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It's; ~i z'~- '~/~E' -s~..~..~~_
I HEREBY CERTIFY, that on this day, befo`r~ me, an officer duly authorized to take
acknowledgments, personally appeared f~~F.:n'1~`~n ~ , ~1r1.~~t ~ W~~-~. of
\~ AV'A(~~t- ~t7Y\(~~ ~S ~ , a ~~j~- _ ~or •p„-- p-(`~~~ corporation, 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 kw-Q~ ~° ~Q`'"~'~ that
acknowled ed before me that -~~~~~~
g ~ executed the same. I relied upon the following form(s) of
identification of the above named person(s) ,I~I~~; h ~ ~- 5-~'~ k ~ ~~i ~ ~.~
an oath (~s~ was not) taken.
U~ITNESS my hand and official sea! in the County and State last aforesaid this day
of \,' `` , , 2012.
L
(SEAL) 2°`.~ °~.~`'~ KATHLEEN A GASSMANN
~ * MY COMMISSION # DD 976507
EXPIRES: July 27, 2014
s,,rF~ ~°e`O~ Borokd Thni Budget Notary Services
Notary Public
~~~Q~`Cl `N . ~ f~.SS`1t'1 G1~1 ~1
Printed Name of Notary Public
My Commission Expires: ''1~~.--~~r
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R-105 ~ ~
MEAN HIGH WATER LINE
` ~ ELEVATION = 0.51 NAVD 88
~ ~ JANUARY 18, 2012
~~
R-106 ~
8
1" = 600 FEET
ATLANTIC
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~ OCEAN
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R-107
LANDWARD
LIMITS OF CONSTRUCTION
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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 SURVEY CON8ULTANTB
8745 US HIGHWAY ~1 1500 S.E 3RD COURT
P.O. BOX 1420 SURE 110
WABASSO, FL 32970 DEERFlELD BEACH, FL 33441
PHONE: (772) 388-5364 PHONE: (954) 421-6682
FAX: (772) 388-3165 FAX: (954) 421-0451
POINT OF BEGINNING OF
~ LANDWARD LIMITS OF
R-88 ~ CONSTRUCTION
NAD 83/90
N=1081991.76
~ E=909230.14
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1"1 ® R-104 ,
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I] N 35 TO SHIP 36S, RANGE 41E
___ SECTION 2, T WN$ HIP 37S, RANGE 41 E
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? R-108 PROPOSED EASEMENT
', OR BOOK 358 PAGE 1745
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1HE YNUYAR COIIDOWNUY ASSOgAT~N, NC.
SOUTH ST ulgE COUNTY BEACH RESTORATION ,~~ = 600
FOR ST
LUgE COUNTY EROSION DISTRICT ~
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MEAN HIGH WATER LINE ~ ~~
N ELEVATION = 0.51 NAVD 88 `
JANUARY 18, 2012 \
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'~ AND ALL CONDOMINIUM UNIT OWNERS~~ ~ ATJ~NI IC'
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THE MIRAMAR CONDOMINIUM ~ ~ W
ASSOCIATION, INC. ~~ ~ ~ ~' ,~t~
10000 S OCEAN DR ~''~~%~
PO BOX 1129 ~`,~
JUPITER, FL 33468 ~ `
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DESCRJP_TION OF PRQPQSED
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PROPOSED ~ ` ~~~ ~ ~,~~~w
EASEMENT ~~, ~!! ~~~~r
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LANDWARD LIMITS ~\ \ O~
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CONSTRUCTION EASEM EN T
THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 358, PAGE 1745, 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 W17HOUT 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 BURVEY CON8ULTANT8
8745 US HIGHWAY /1 1500 S.E. 3RD COURT
P.O. BOX 1420 SUfTE 110
WABASSO, FL 32970 OEERFlELD BEACH, FL 33441
PHONE: (772) 388-5364 PHONE: (954) 421-6882
FAX: (772) 388-3165 FAX: (954) 421-0451
CERTIFICATE OF SURVEYOR - 1 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
TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA B D OF
PROFESSIONAL LAND SURVEYORS IN R SJ-17, FL A
ADl~YGiRhi#IE~Cq~~ PURSUANT T SECTIO 472.027, RIDA
FLORIDA
SI~TCH OF LEGAL DESgt~110N
TF~ NIRAYAR CONDOIINNHIY ASSOgATION, wc.
SOUTH ST. LUgE COUNTY BEACH RESTORATION
FOR ST. LUgE COUNTY EROSION DISTRICT
asw er acnrm er Em wwr atr ~ suety
P^ IRM a... ..., n.,~°,on~o
oarascw ea
5117.12
1"=150
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02!24/2012
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MORGAN & EKLUND, INC.
PROFE8810NAL SURVEY CON8ULTANTB
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) 421-6882
FAX: (772) 388-3165 FAX: (954) 421-0451
s~ of ~EC~ oESCRIPnaN
LANDWARD LWITS OF CONSIRUC110N
SOUTH Si LUCIE CouNnr eEwgi RESTORA71oN
FOR ST. LUgE COUNIY EROSION DISTRICT
Pw er I cnecircc er Ism soar I aye cr suer
5~11S97p12
1" = 3000'
as
02/24/2012