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Home My WebLink About12-038 EDRESOLUTION NO. 12-038 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 • 1 B': Fran Hu chinson, Chair ATTEST: PPROVED AS TO FORM AND CORRECTNESS: By This document prepared by Jnnet 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 SAINT LUCIE COUNTY THE CIRCUIT COURT FILE # 376317710129/2012 at 04:35 Pryl RECD OR BOOKNGq $61g00E 1594. 1600 Doc Type: EASMT Project Name: South County Beach and Dune Restoration Project Parcel No.: 28 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made this /.~ day of ~rc 2012, by and between MIRAMAR ROYALE CONDOMINIUM ASSOCIATION, INC. whose mailing address is 9950 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 beach front 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 wilt 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 pans; 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 shall 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 fine 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 oTv.v~ , 2012. WITNESSES: G'~ Print Name Print Name STATE OF -+-~fo~; j,~ j COUNTY OF ~ ~~.'„ ) THE MIRAMAR ROYALE CONDOMINIUM ASSO~QTION, INC. ~-~ ~/.~ By: It's: l~i~t~~ u~`~ I HEREBY CERTIFY, that on this day, before me, an officer du~l~jj authorized to take acknowledgments, /personally appeared Chi iJi~,sa C~~ew.r.~ of ~i~an.~J' ~~r G.w~•w~. ~w, a N~•~. ;~ro~.-t' corporation, on behalf of the corporation, to me known to be the person(s) described in and who executed the foregoing "'Twr. iA„?r instrument (describe type and date of attached instrument) ~,,,T.,,~,h,,, E.urn..~that acknowledged before me that ~4 executed the same. I retied upon the following 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 fast aforesaid this /.7~day of ~N~ , 2012. (SEAL) Expires 6/9/2016 KENNETH J. CUMMINOS ~, NOTARY PUEiLIC STATE OF FLORIDA . Canm# EE180376 .= ..~ otary Public ~v/ -'Q /~ Printed Name of Notary Public " My Commission Expires: 0 6 -3- POINT OF BEGINNIN G OF ~ LANDWARD LIMITS OF R-98 ~ CONSTRUCTION ~ NAD 83/90 _ .-~ N=1081991.76 ~ E=909230.14 ,,.W JCI.I IVIV L, I VVVIV I'IIY JIJ, KHIVVC 41C \~ ~ \\\ \ ~ N ` \ ~ ~\ Y ~ ~ :y ~ N ~ °~ R 105 `` ATLANTIC o _ , , o° ~ € ~ ~ Q ~ 1" = 600 FEET ~~ , R-106 A ` \, ~ MEAN HIGH WATER LINE _ __ ® ` ` \ ~~ ~ ELEVATION = 0.51 NAVD 88 JANUARY 18, 2012 ~ OCEAN ~ ~' R-107 , ' \ \ ~ ~ PROPOSED EASEMENT OR BOOK 680 PAGE 2817 (SEE DETAIL SHEET 2) ~~ ` ~ ~, ~~ ,~ ~ R-108 ~i ~ ~ ~ ~ LANDWARD N \ /LIMITS OF °c ~/~ CONSTRUCTION O ° ° ~ ~ 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 R-1os \ ~ 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 CONBULTANT8 8745 US HIGHWAY /1 1500 S.E. 3RD COURT P.O. 80X 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 ca.assn+.n ~y ~yy.~ /,~ , c/~•1 n~p7V~~ ,71E IVfI Vf LLV/1L y6~7V1{~ 1gJn 5117.12 MgRAl1AR ROYALE CO~DOIIIIpINII ASSOgAliON~ SIC. souhl sr. UkIE COUNTY eE~-cfI RESroR~nON , ~~ ° 600 FOR ST. LUgE COUNTY EROSION DISTRICT arc 02/24/2012 ueuN er organ ev Ecw soar as a sl.~r nrcr 1 a 3 P9 JRM nwaeeo. 01/18/2012 ~ , .,, , a alt MEAN HIGH WATER LINE \ ~N~~ ~ ELEVATION = 0.51 NAVD 88 ° N '~' JANUARY 18, 2012 ~\ 7~0 ATLANTIC ~ ;, ~` ~ ~~ PROPOSED ~`~~~ OCEAN EASEMENT ~ ;~~ !~t (0.66± Ac.) ~% ~ ~' N ,~ ~> g o ,° G~ 450270300920002 ~~ ' ~~ O AND ALL CONDOMINIUM UNIT OWN ~ U'~ ~ MIRAMAR ROYALE CONDOMINIUM 7 N ASSOCIATION, INC. ~ ~~ di} 9950 S OCEAN DR ~ JENSEN BEACH, FL 34957 7 / N G ° ~ ~7 \~ ~~ ~~ LANDWARD LIMITS ~ \~ OF CONSTRUCTION ~ ~ 4 DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 680, PAGE 2817, 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 83190) 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 MY 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 B AND MEETS THE MINIMUM LICENSED SURVEYOR AND MAPPER TECHNICAL STANDARDS AS SET LORIDA BOARD OF PROFESSIONAL LAND SURVEYOR' N CHAPTER -17, FLORIDA ~~ COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. AM ADMiNISTRATNE CODE, PURSU TO SECTION 72.027, FLORIDA 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. JOHN R. AfOR ll, PLS LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY ND SURVEY ~$ 3 CORPORATION. srarE of fl.oRlan MORGAN & EKLUND, INC. SKEiCFI OF LEGAL DESCRIPTION oc~avav ea 5117.12 IIpRIWAR ROYALE a0ND011NNU 11~ ASSOgAT~ON~ NC. PROFE8SIONAL 8URVEY CON8ULTANTS STN ~ CIE COUNTY ~~ REST~A~ON 1"=150 ~io ,t1 1500 5U 3RDO ouRr 87 P o ` 's FOR ST LUCIE COUNTY EROSION DISTRICT ai e x o . WABASSO FL 32970 DEERflE D BEACH F 33441 . o2/2 2o12 , , L L PHONE: (772) 388-5364 PHONE: (954) 421-6882 ~ ~' otirc~m ~' rrto wart as a~ sung FAX: (772) 388-3765 FAX: (954) 421-0451 P9 JRM rwcesn 0111 8/2 01 2 sircr 2 a 3 ~.s..., r § -.._ _ -~~ _. SI~2 C R 9 . ~- ` ' ~ ,;- M ~ ~ y ~~ ~ 9a~2 ~ ~. K f r~ i , 4~. r t~ ~1 z ~ .~'~ rid ~~t,~ 2 i ~.., 'ra t ~,t i^k \ ` ^i i .27: ~w ~ ~ 4~r ~~b" ~ k _ ~ ~ r`~ t i= C{ i \ ~i ~, H ' ~. ~`. ~ ;;~ 4 ~. ~ `~ k't ~' i. ~ ~" f6,. T ° 94 77=A0 ' ~ `~=~ 1079107.,8 ~~ ' -18 2®12 . ~~ ~ i~. 0 ~fi ~~\ ~ °~'\ N~ \ Yy bn Length X29"W 2970.72' 47"E 17.96' I~34"E 978.16' !01"E 999.30' 26"E 987.97' 48"E 974.64' 36"E 987.46' 50"E 972.76' 45"E 1008.81' 18"E 940.81' 20"E 1040.53' 20"E 977.16' 25"E 1104.24' 17"E 1082.21' 11 "E 803.61' 27"E 1129.03' 48"E 1010.56' 24"E 787.45' 21 "E 2005.99' 49"E 25.50' 93 NAD 83/90 8 x~~ -.. MORGAN & EKLUND, INC. PROFE8810NAL SURVEY CONBULTANT8 8745 US HIGHWAY ~j1 P.O. BOX 1420 WABASSO, Fl 32970 PHONE: (772) 388-5364 FAX: (772) 388-3165 1500 S.E. 3RD COURT SUITE 110 DEERFIEU) BEACH, FL 33441 PHONE: (954) 421-6882 FAX: (954) 421-0451 X51 88 ~*~ ~ -` SKETgi OF LEGAL DESCRIPTION 5~, ~.i 2 LANDWARD LIIIIITS of CONSTRUCTION SOUTH ST. LUgE COUNTY BEACH RESTORATION 1 ° = 3000' FOR ST: LUgE COUNTY EROSION DISTRICT o2/2a4%2o12 aruxw ev aecxm ei ~ztn soar arc m sun[r P JRM v.~cc ,wz O1 /1 B/2012 ~"" 3 ~ 3