HomeMy WebLinkAbout12-039 EDRESOLUTION NO. 12-039
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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BN:
Fran ie Hut inson, Chair
ATTEST:
Project Name: South .County Beach and Dune Restoration Project Parcel No.: 29
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement is made this ~`I~ day of e ~evn ~J+~r
2012 by and between OCEANA ASSOCIATION, INC. whose mailing address' is 9920 S.
Ocean Drive, Jensen Beach, FL 34957 (hereinafter referred to as "Oceana"), OCEANA OF
HUTCHINSON ISLAND, INC., whose mailing address is 9940 S. Ocean Drive, Jensen Beach,
FL 34957 (hereinafter referred to as "Oceana of Hutchinson Island") and ST. LUCIE COUNTY
EROSION DISTRICT, a Special Taxing District of the State of Florida, whose address is 2300
Virginia Ave., Fort Pierce, FL 34982 (hereinafter referred to as the "Grantee").
RECITALS:
WHEREAS, Oceana owns certain property in St. Lucie County, Florida as described on
Exhibit "A" attached hereto and made part hereof (the "Oceana Property"); and
WHEREAS, the property line of the Oceana Property extends seaward to the Mean
High Water Line ("MHWL") of the Atlantic Ocean; and
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WHEREAS, Oceana 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 "B", said project more particularly described hereafter as the
South County Beach and Dune Restoration Project (hereinafter referred to as the "Project"); and,
WHEREAS, Oceana of Hutchinson Island is the condominium association responsible
for the operation and administration of the condominium property subject to the Declaration of
Condominium of Oceana Oceanfront Condominium One recorded in Official Record Book 245 at
Page 65 among the Public Records of St. Lucie County, Florida,
WHEREAS, the Grantee desires to assist in the implementation of a beach and dune
restoration project involving property both seaward and landward of the MHWL and thus
including the Oceana Property 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 with
respect to the Project will be on areas landward of the MHWL and on the Oceana Property;
and
WHEREAS, the Project may involve persons and equipment coming upon and crossing
over the property landward of the MHWL and over and across the Oceana Property and the
Condominium in order to place the sand and plant vegetation according to the Project plans;
and
WHEREAS, Oceana and Oceana of Hutchinson Island acknowledge and agree that the
Grantee may grant and convey any and all rights vested in the Grantee hereunder to such
contractors and agents of Grantee as Grantee deems reasonably necessary in order to fully
carry out the intent of the Project; and
22A9764
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3763178 10/29/2012 at 04:35 PM
OR BOOK 3447 PAGE 1601 - 1609 Doc Type: EASMT
RECORDING: $78.00
WHEREAS, Oceana and Oceana of Hutchinson Island recognize their property will
benefit from the Project; and, whereas, Oceana and Oceana of Hutchinson Island, Inc. hereby
waive any and all rights to compensation for the granting of the easement and rights to
Grantee hereunder in consideration of the benefits to be derived by the Project; provided,
however, such waiver shall not be construed in any manner to prevent any claim against
Grantee and/or Grantee's contractor(s) andlor agent(s) for damages to the Oceana Property
and/or the Condominium, or for damage to any property of any unit owner or resident of any
condominium unit located within the Condominium or any family member, guest or invitee
thereof, or for any injury to any person caused by the negligent, wrongful or improper act or
omission of Grantee or Grantee's employees, contractor(s) or agent(s).
NOW, THEREFORE, in consideration of the mutual benefits, covenants and conditions
herein contained:
1. The parties acknowledge that the above recitals are true and correct and hereby
incorporate same as part of this Temporary Construction Easement.
2. Oceana 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 Oceana Property 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 and completion of the
Project; to plant vegetation on said dunes and berms; to erect, maintain and remove silt
screens and sand fence(s); to facilitate preservation 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 and the foot print of the dune and beach berm provided
the Grantee shall consult with and obtain the approval of Oceana 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.
Grantee agrees that all construction activity as described above shall be in accordance
with such Project plans.
3. Grantee, and its successors and assigns, shall indemnify, hold harmless and defend
Oceana and Oceana of Hutchinson Island, and their officers, directors, members and
employees, from and against any and all claims, demands, damage, injury, suits, liability
or any cause or causes of action related, directly or indirectly, with respect to the Project or
the exercise of any right granted by this Temporary Construction Easement. Such
indemnity shall include, without limitation, any attorneys' fees incurred by any indemnified
party. Such obligation to indemnify, hold harmless and defend shall not apply to any
claim(s), cause(s) of action, injury, damage or liability resulting solely from the negligent,
wrongful or improper action of Oceana or Oceana of Hutchinson Island or any member,
agent or employee thereof. The Grantee's, and its successors and assigns, obligation to
indemnify, hold harmless and defend shall include, without limitation, any negligent,
wrongful or improper act or omission of Grantee, and its successors and assigns, and/or
any employee, agent or contractor thereof and/or any subcontractor of any such agent or
22A9764
contractor.
4. This easement shall run with the land and shall be binding upon Oceana and Oceana of
Hutchinson Island and their successors and/or assigns. This Temporary Construction
Easement shall automatically terminate and be of no further force or effect (a) with
respect to the placement of sand and dune vegetation, upon completion of the Project, or
on June 30, 2013, whichever occurs first and (b) with respect to tilling of the beach,
leveling of escarpments and replanting of the dune pursuant to, and as required by, the
Project permits, no later than March 1, 2016. Upon termination of all or any portion of
this Temporary Construction Easement such termination shall be evidenced by the
immediate recordation of an instrument in the Public Records of St. Lucie County
executed by the parties hereto or their successors and assigns, as applicable. Time is of
the essence with respect to all time periods set forth in this Temporary Construction
Easement.
5. In the event of any dispute related to this Temporary Construction Easement, venue to
resolve such dispute shall be a court of competent jurisdiction in St. Lucie County,
Florida, to the exclusion of any other venue, and the prevailing party shall be entitled to
recover its attorneys' fees and costs including all such fees and costs incurred in any
appellate proceeding.
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In witness,w`h~reof this instrument is executed this j`/~ .day of ~~, 2012.
Oceana A~sso ~ n, Inc.
~/~
By ,!
;~ y
~(gnnt Name and Title)
Date: ~ f ~/-I ~
STATE OF FLORIDA
COUNTY OF ST. LUCIE
The foregoing instrument was acknowledged before me this~~day of
J~embrr 2012 By Jose Perez the President of Oceana Association, Inc., a
Florida not-for-profit corporation, on behalf of the corporation, who is personally known to
me or has produced
not take an oath.
as identification and who did/did
SEAL NOTARY PUBLIGSTATE OF gLORIDA
,~ ~..., Edward Kutch
:Commission # DD918289
.•' Expires: OCT. 08, 2013
BOIQDED TI3RU ATL'+~ i IC BOVDING CO., INC.
Notary Public Signature
State of Florida at Large
E ~ ~ ~
Please Print or Type Notary Signature
22A9764
OCEANA OF HUTCHINSON ISLAND, INC. WITNESS:
.-~a~~-f
.v;
i~~~r~~, G~/`r~~~~i~ ~r~
(Print Name and Title)
Date: ~-/ ~~( a
STATE OF FLORIDA
COUNTY OF ST. LUCIE
Th('e` foregoing instr~
Association, Inc., a Florida
personally known to me of
oath.
My commission expires:
}OTARY PL'BLICSTATE OF ~RIDA
Edward Kutch
?Commission#DD918289
-,,,~~~ , ~,: expires; OCT. 08, 2013
Borr~€g ~~~ ~~ nru+:^nc ~a:~nata co„atc.
~I
11
nent was acknowledged before me this ~~ day of
)12 by William Wolohan the President of Oceana of Hutchinson Island
not-for-profit corporation, on behalf of the corporation, who is
has produced ( ) as identification and who did/did not take an
i
Notary Public Signature
State of Florida at Large
~~~ ry ~-~ 1 ~~~'c. ~,
PLEASE PRINT OR TYPE NOTARY
22A9764
POINT OF BEGINNING OF
~ LANDWARD LIMITS OF
R_~ ~ CONSTRUCTION
NAD 83190
N=1081991.76
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1 ` MEAN HIGH WATER LINE
\~ ELEVATION = 0.51 NAVD 88
\ JANUARY 18, 2012
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1" = 600 FEET
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R-106 \ \ ~ ~
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OCL'AN
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~~` PROPOSED EASEMENT
OR BOOK 332 PAGE 989
(SEE DETAIL SHEET 2)
R-107
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LANDWARD
~ \~ LIMITS OF
CONSTRUCTION
LEGEND ~ R-'°a ~ `
P.O.B. = POINT OF BEGINNINGv ~ ~
NAD = NORTH AMERICAN DATUM N ~ ~~
NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 ~
R-102 = FDEP RANGE MONUMENT (TYP) ~o ~ `
- - - - - - - MEAN HIGH WATER LINE AND PROPOSED EROSION ado
CONTROL LINE AS LOCATED JANUARY 18, 2012 ~ `• ~
L ~
(D
- - - - - - - PROPOSED LANDWARD LIMITS OF CONSTRUCTION ` ~,
AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION ~
rr,... _ ,
PROPOSED EASEMENT AREA `
R-109 ~ '~
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MORGA-N & EKLUND, INC. SKETCH OF LEGAL DESORPTION 5117.12
OCEANA AS90CIATION~ WC.
PROFE8810NAL 8URVEY CONSULTANTS S~TH ~ ~pE .~~ ~~ REST~A~ON 1"=600
874P.O. eoX~7420 #1 1500 SE.~RDO000Rr FOR $T LuCIE COUNTY EROSION DISTRICT o2r2a~o12
WABASSO, FL 32970 OEERFlELD BEACH, FL 33441
PHONE: (772) 388-5364 PHONE: (954) 421-6882 arMr ~' aaRm B+' ~ ~' apt ar siwtzr
FAX: (772) 388-3165 FAX: (954) 421-0451 p9 JRM swxhv. 01/18/2012 snrcr 1 p' 4
DESCRIPTION OE PROPOSED CONSTRUCTION EASEMENT
THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 332, PAGE 989, 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 BE-NG 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 4 FOR SKETCH OF LEGAL DESCRIPTION"
EXHIBIT
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NOTES: ~ y
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THIS IS NOT A SURVEY.
LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR R IGHTS-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.
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
CERTIFICATE OF SURVEYOR - I HEREBY CERTIFY THAT THE INFORMATION
SHOWN HEREON IS IN ACCORDANCE WITH A RECENT FlELD 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 FO THE FLORIDA BOARD OF
PROFESSIONAL LAND SURVEYORS C TER SJ-17, FLORIDA
ADMINISTRATNE CODE, PURSU T CTION 472.027, FLORIDA
STAT£ OF FLORIDA
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SKETCH ~ LEGAL DESq~iION 5117.12
OCEANA ASSOgATiON. WC.
SOUTH ST
LUgE COUNTY BEACH RESTORATION
.
FOR ST. LUgE COUNTY EROSION DISTRICT are
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MEAN HIGH WATER LINE ~ °
ELEVATION = 0.51 NAVD 88 ,
JANUARY 18, 2012 ,; ~ w~ ~ ~~~~~~
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OCEANA ASSOCIATION, INC. ~~~ ~°
9920 S OCEAN DR , ~' ) ~W
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EXHIBIT
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MORGAN & EKLUND, INC.
PROFESSIONAL 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) 388-316,5 FAX: (954) 421-0451
,
LANDWARD LIMITS ~~ \`
OF CONSTRUCTION ~
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IA~MA ® TION, NIT" ~"'
SOUTH Sr wqE COUNTY BEACH RESTORA?ION ,"=1so
FOR ST. LUgE COUNTY EROSION DISTRICT arz
ov2a/2012
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MORGAN & EKLUND, INC.
PROFE8810NAL 8URVEY CON8ULTANTB
8745 US HIGHWAY /1
P.o. Box lazo
WABASSO, FL 32970
PHONE: (772) 388-5364
FAX: (772) 388-3165
1500 S.E. 3RD COURT
surrE 110
DEERFlELD BEACH, FL 33441
PHONE: (954) 421-6882
FAX: (954) 421-0451
SKETCH OF LEGAL DESCRIPTION
LAIr~wARO uYITS OF CoNSTRUCTIOw
SOUTH ST. LUgE COUNTY BEACH RESTORATION
FOR ST. LUCK COUNTY EROSION DISTRICT
tw+wr er rxr~n er stn Roam an' a' sung
Pg JRM a~cc wn Ot /18/201
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