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Home My WebLink About12-040 EDRESOLUTION NO. 12-040 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. ATTEST: r . ~r-• f' ;~ ST. LUCIE COUNTY EROSION DISTRICT i _ 'i B~/ ~ Frannie H tchinson, Chair ~.;, ;~~} ~; t; °~_ 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 Virginia Avenue Fort Pierce, Florida 34982 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3763179 10/29/2012 at 04:35 PM OR BOOK 3447 PgGE 1610 - 1616 Doc Type: EgSMT RECORDING: $61.00 Project Name: South County Beach and Dune Restoration Project Parcel No.: 32 TEMPORARY CONSTRUCTION EASEMENT r ~~ THIS EASEMENT is made this ~_Z day of ~ ~ _ :., 2012, by and between NETTLES ISLAND, INC. whose mailing address is 9801 South 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.~S:_ 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 th e 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 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. -2- IN WITNESS WHEREOF, this instrument is executed this ~ day of.~ 2012. WITNESSES: .~ ~~.~~~ ~~~_ Print Name ~ fE1-"T !~C! %/ l Print Name NETTLES ISLAND, INC. ---= ~ BY ----~ It's; `ti/,,2~,a.~-~~~' STATE OF`~ COUNTY OF ~~..~~ I HEREBY CERTIFY, that on this day, before e, an offi r duly authorized to take acknowledgments, personalty appeared Z~~~..~°~ ~ of `~~:~.~~~ ~!~,~, a corporation, on behalf of the corporation, to me known to be the persons de cribed in and who executed the foregoing instrument (describe type and date of attached instrumen+~~~~~C~~~..a.~-~t-~p~ ~L-~_, acknowledged before me that ecuted the same. I relied upon the following form(s) of identification of the above named person(s) f ->~~ec-.~ ~ ~~--~- I`zr' ~ , an oath (was /was not) taken. WITNESS my hand and official seal in the County and State last aforesaid this ~~ day o •,~ ,~_ , 2012. Notary Public (SEAL) \~~`1~\ON~~i~l~itr~/i~,~/`i _ W ~~ ~ ~G _ P~~.~3.ame of Notary Public ~C7~o. O , =~.A•a ~ ~ M~~r~r~ission Expires: . a. -~- POINT OF BEGINNING OF ~ LANDWARD LIMITS OF Rig ~ CONSTRUCTION NAD 83/90 N=1081991.76 ~ E=909230.14 ', ~ ~ ~\ R-103 LANDWARD ~~ / LIMITS OF ~ CONSTRUCTION ~ ~~ ,~ 34'35 3 2 ®. ~~ ~~ ,~ -~. R-104 x 1" = 600 FEET TION 35~T0 SHIP 36S, RANGE 41E SECTION 2, TbVVM6HIP 37S, RANGE 4tE `'~ \ ~~ ATLANTIC __ ~, ~ v ~~, ~ v OCEAN o ~ ~~~ G R-105 ~ O ~ d~ ~ ~ ~~ m ~ I~ MEAN HIGH WATER LINE ~ ~ ELEVATION = 0.51 NAVD 88 JANUARY 18, 2012 \ \\ R-106 PROPOSED EASEMENT ~\ '. OR BOOK 186 PAGE 2720 AND BOOK 349 PAGE 1927 \ (SEE DETAIL SHEET 2) ~ ~ ~ \~ 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 MORGAN & EKLUND, INC. PROFE8SIONAL 8URVEY CONBULTANT8 6745 US HIGHWAY ~1 1500 S.E. 3RD COURT P.O. BOX 1420 SURE 110 WABA550, FL 32970 DEERflELD BEACH, FL 33441 PHONE: (772) 388-5364 PHONE: (954) 421-6882 FAX: (772) 388-3165 FAX: (954) 421-0451 \ R-107 \ ~w ,, ~~~ ,1 SKETCH OF LEGAL DESCR~TION a~,av no 5117.12 NETTLES LSLAND, INC. SouTH ST uuaE COUNTY BEACH RESTOR~-noN ,~ ° 600 FOR ST LUCIE COUNTY ERO610N DISTRICT 4 2 . D2/2 / D,2 aewv ar aeoao er fnn soar aye a' s~.~cr ~' 1 °~ 3 Pg JRM pnein 01/18!2012 ., ~ MEAN HIGH WATER LINE ` ~ ~~c5` ELEVATION = 0.51 NAVD 88 ° JANUARY 18, 2012 `~ ~ ~ ,~ ~ A'I'~NTIC' ~ ~~ ~~ N ~ PROPOSED % ~~ ~~~ ~' EASEMENT ~ '~ ~ ' ~ ~~ ~ OCEAN ~ 450250115980008 (0.37± AC.) ~ ~ ~ AND ALL CONDOMINIUM UNIT OWNERS NETTLES ISLAND INC, ~ ~ ~ c~ g N 9801 S OCEAN BLVD ~ ~ 'J ~ ~; O JENSEN BEACH, FL 34957 ~ ~\~ ~~ ~ (P ~ o ~'~ \ '~ ~, ~ , ~'~ ~° ' ~~ o ~'~ \~'° LANDWARD LIMITS ` ~ L `,'~; OF CONSTRUCTION t x`79. ~ ' . \~ \~ ~ ~ ~ ~ DESCRIPTION OE PROPOSED CONSTRUCTION EASEMENT THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 186, PAGE 2720, AND BOOK 349, PAGE 1927, 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 CERTIFICATE OF SURVEYOR - i HEREBY CERTIFY THAT THE INFORMATION EASEMENTS OF RECORD SHOWN HEREON IS IN ACCORDANCE WRH A RECENT FlELD 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 BELIEF, AND MEETS THE MINIMUM LICENSED SURVEYOR AND MAPPER TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. ADMINISTRATIVE CODE, P TD sECTIDN 472.027, 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. NN RG4N, n, vLs LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY r' SIDAWL LAND SURVfYO STATE OF FLORIDA CORPORATION. MORGAN & EKLUND, INC. PROFE8810NAL 8URVEY CON8ULTANTB 8745 US HIGHWAY #1 1500 S.E. 3RD COURr P.O. BOX 1420 SURE 110 WABASSO, FL 32970 DEERFIELD BEACH, FL 33447 PHONE: (772) 388-5364 PHONE: (954) 421-6882 FAX: (772) 388-3165 FAX: (954) 421-0457 ~y/ ~yy /~ ' CI~~~ 7~/~~ .11E 1 VI'I Vf LLV~'IL DE~I~ I IUI~ ea 5117.12 NETTLES ISLAND, MtIC. san>i sT LuaE COUNTY BEACH RESroRaTION 1„ = 1DD FOR ST LUgE COUNTY EROSION DISTRICT z z . Dzi a olz aaw+ er omrm er mn soar arc a aatr Pg JRM a~ecwa 0 1 /1 812 01 2 ~' 2 °~ le ~`~ \\ ~' , ,.. ~f ~ r €s- ~ ~ j _ ~ ~ '~_ .f3; ~~' ~z 94 7~ P;1r?~ `„ ' j ~~0 7`~ '' .~• _ ~1E ~`~-1 E .,.; ~; , `~ h.: ~- . '- ' ~~ ; N ~ O ~~ ~ ~ MORGAN & EKLUND, INC. PROFE8610NAL SURVEY CON8ULTANTB 8745 US HIGHWAY ~1 1500 S.E. 3RD COURT P.O. BOX 1420 SUf1E 110 WABASSO, FL 32970 DEERFIELD BEACH, FL 33441 PHONE: (772) 388-5364 PHONE: (954) 421-6882 FAX: (772) 388-3165 FAX: (954) 421-0451 ~n Length 29"W 2970.72' 47"E 17.96' 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 ~,Uv SKETCH CF LEGAL DESCRIPTION 5117.12 LANDWARD uYiTS OF CoNSiRUCTION SOUTH sT LUgE COUNTY BEACH RESTORATION , ° - 300°~ FOR ST. LUgE COUNTY EROSION DISTRICT 02/24%2012 awMr er acaan er stn soar as a' srw~rr P JRM vncr tiu 01 18 2012 ~' 3 cr 3