HomeMy WebLinkAbout12-036 EDRESOLUTION NO. 12-036
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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Fr Mu hinson, Chair
ATTEST:
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APPROVED AS TO FORM AND CORRECTNESS:
By:
This document prepared by
Janet LiCnusi under the direction
of Daniel 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 # 3763175 10/29/2012 at Oq:35 pM
OR BOOK 34g7 pAGE 1580 - 1586 Doc Type: EASMT
RECORDING: $61.00
Project Name: South County Beach and Dune Restoration Project
Parcel No.: 26
TEMPORARY CONSTRUCTION EASEMENT ~~ ~,;. (~ i?l~
THIS EASEMENT is made this ~~ day of ~~~~'~ , 2012, by and between ADNAN
INVESTMENT & DEVELOPMENT, INC. whose mailing address is 4~^' ~~^~ o^rL^~+~ QhL', palm
City, FL 3499, hereinafter "Grantor", and ST. LUCIE COUNTY EROSION DISTRICT, a Special
Taxing District of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce,
Florida 34982 hereinafter "Grantee".
RECITALS:
WHEREAS, Grantor owns property in St. Lucie County, Florida; and,
WHEREAS, the property line for Grantor's property extends seaward to the Mean High
Water Line ("MHWL") ofthe Atlantic Ocean; and,
WHEREAS, the Grantee desires to assist in the implementation of a beach and dune
restoration project both seaward and landward of the MHWL onto a portion of the Grantor's
property as more particularly described on Exhibit "A", said project more particularly described
hereafter as the South County Beach and Dune Restoration Project (hereinafter referred to as
the "Project");and,
~rl"'lica~~c$, t ie Sailu SO depusi~eu aiiu ilie iia~iVe dune JegetatlOri s0 planned VViii 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,
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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 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 tc 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 l~~:i' , 2012.
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WITNESSES:
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Print Name
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Print Name
STATE OF_ A}'"~~ -.`d) __
COUNTY OF ~' . )
ADNAN INVESTMENT & DEVELOPMENT, INC.
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I HEREBY CERTIFY, that on this day, before e, an officer duly authorized to take
acknowledgments, ~ personally appeared ~ 1 ~ Q ~c ~ of
~~j~i ~Y ~~~~ ~ a ~ corporation, on behalf of the
cor oration to me known~~the erson _
p p (s) described in and who executed the foregoing
instrument (describe type and date of attached instrument) ~ E-- ~ r--- that
acknowledged before me that executed the same. I relied upon the follawin~ ~ormt~s~ of
identification of the above person(s)
WITNES my hand and official seal in the County and State last aforesaid t
of ~ ~'
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an oat was was not) taken.
ALExIS WILLIAMS
NOTARY PUBLIC
Cobb Gourty, Gsoryia
(My Commiaelon Explree Marl, 29, 204a
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Printed Name of Notary Public ~f
My Commission Expires: ft~t,~r'~i ~~ Z~~'i~
POINT OF BEGINNING OF
~ LANDWARD LIMITS OF
R-98 \ CONSTRUCTION
NAD 83/90
N=1081991.76
E=909230.14
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R-105 ~ ~
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ion \ \ /LIMITS OF CONSTRUCTION
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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 `o
- - - - - - - PROPOSED LANDWARD LIMITS OF CONSTRUCTION
AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION
PROPOSED EASEMENT AREA
1" = 500 FEET
ATLANTIC
OCEAN
PROPOSED EASEMENT
OR BOOK 2765 PAGE 42
(SEE DETAIL SHEET 2)
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MORGAN & EKLUND, INC. SKETCH OF LEGAL ~ 5117.12
PARCEL 45023100012006
PROFE8810NAL 8URVEY CONSULTANT8 S~TH ~ L~E ~~ ~~ RE~TQRATi~ 1"=500
87
/1 1500
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P.O
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VR J~~ WHIG ~/V GRVJI~JI~ YIJ~IV 02/24/2012
WABASSO. FL 32970 DEERFlELD BEACH, FL 33441
PHONE: (772) 388-5364 PHONE: (954) 421-6882 ~M+ ev tnc'am er frtn soar arc a' awrcr
s[rr 1 a 3
FAX: (772) 388-3165 FAX: (954) 421-0451 Pq JRM nwrra 01/18/2012
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MEAN HIGH WATER LINE ~~
ELEVATION = 0.51 NAVD 88 \
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JANUARY 18, 2012 ~, ~0'r,~o ATLANTIC
LANDWARD LIMITS \` ~~ OCEAN
OF CONSTRUCTION ' ~~cr~,
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PROPOSED ~\ ',
EASEMENT
(0.02± Ac.) ~~
450231400012006 ~
S OCEAN DR
ADNAN INVESTMENT & DEV INC
4541 SW PARKGATE BLVD
PALM CITY, FL 34990
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DESCRIPTION _OE PROPOSED CONSTRUCTION EASEMENT
THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 2765, PAGE 42, 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, 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 CERTIFICATE OF SURVEYOR - I HEREBY CERTIFY THAT THE INFORMATION
EASEMENTS OF RECORD SHOWN HEREON IS IN ACCORDANCE WRH A RECEM FIELD SURVEY
MADE UNDER A!Y DIRECTION, AND THAT R IS TRUE AND CORRECT TO
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA THE BEST OF MY KNOWLEDGE AND BELIEF, AND MEEfS THE MINIMUM
LICENSED SURVEYOR AND MAPPER TECHNICAL STANDARDS AS SET FORTH BY THE FLORI ARD OF
PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-1 FL RIDA
COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. ADMINISTRATNE CODE, PURSUANT ECTION 47 27, LORIDA
STATUTES.
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. R. lI0 N, 1, PtS
LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY ROFE55lo LAND SU 520
CORPORATION. oRicu
ea
MORGAN & EKLUND, INC. s~ rqi of I.EC~ DETao~ 5117.12
PARCEL 450231400012006
PROFE8SIONAL 8URVEY CONSULTANTB SOUTI'I ~ ~~ .~~ ~~ REST~A~ON 1"=100
8745 US HIGHWAY /1 1500 S.E. 3RD COURT
P.o. Box 1420 suRE 11o FOR ST. U1gE COUNTY EROSION DISTRICT oz/za/zolz
WABASSO, FL 32970 DEERflELD BEACH, FL 33441
PHONE: (772) 368-5364 PHONE: (954) 421-6882 ~+ B+' a~eu'm w f>Etc ~r air ~ nw~[r
FAX: (772) 388-3165 FAX: (954) 421-0451 pg JRM nvr Ma 01/18/2D12 sErr 2 ~
~o
MORGAN & EKLUND, INC.
PROFE8810NAL 8URVEY CONSULTANT8
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) 421-6882
FAX: (772) 388-3165 FAX: (954 421-0451
SKETCH CF u:GAL DESCR~TION 5117.12
u~mw~RO uuns of c~NSTRUCnoN
SauTM sT. LUgE (AUNTY eE/-ai RESTORATION ,- - 300°~
air
FOR ST. UIgE COUNTY EROSION DISTRICT 02/24/2012
aaw+ er citcyan m rm soar arc or watr
Pa JRM arr ~n 01 /18/2012 ~' 3 ~ 3