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HomeMy WebLinkAbout12-123RESOLUTION NO. 12-123 A RESOLUTION ACCEPTING A UTILITY EASEMENT ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing UTILITY EASEMENT is duly accepted on behalf ofSt. Lucie Countythis 19"' `...r,..., .,~" ~. :~ - ., BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By. r1 '~~~~ Chairman By: S:\ACQ\WP\JoAnn\Landfill\Wal-Mart Easements\Resolution No. 12-123.wpd day of JUNE, 2012. APPROVED AS TO FORM AND CORRECTNESS: UTILITY EASEMENT THIS UTILITY EASEMENT ("Easement") is entered into as of the 19th day of June 20 12 by and between Wal-Mart Stores East, LP, a Delaware Statutory trust, whose address is 702 S.W. 8th Street, with offices at 2001 S. E. 10th Street, Bentonville, Arkansas 72716-050, c/o #44-9384 Realty Management ("Grantor"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982 ("Grantee") WITNESSETH WHEREAS, Grantor is the owner of that certain tract or parcel of land situated in the County of St. Lucie, State of Florida, more particularly described in Exhibit A attached hereto and made a part hereof ("Grantor Tract"); and WHEREAS, Grantee has requested from Grantor and Grantor is desirous of granting to Grantee, a nonexclusive easement over a portion of the Grantor Traci ("Easement Tract"i for the extension of utilities more particularly described on Exhibit B attached hereto and made a part hereof ("Utility Easement") and as depicted on the site plan attached hereto and marked Exhibit C. NOW THEREFORE, in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant to Grantee a nonexclusive easement for utility extensions over, across and under the Easement Tract, subject to the following terms and conditions to which the parties hereto do hereby agree: 1. Easement for Extension of Utilities. Grantor hereby grants to Grantee the nonexclusive Utility Easement on the Easement Tract for the extension of utilities that may reasonably be needed for making underground utility connections for the specific purpose of constructing a wastewater force main. Grantee agrees to repair any damage caused to Grantor's Tract that is a direct or indirect result of the acts or negligence of Grantee, Grantee's customers, employees, invitees, or contractors in installing, extending, maintaining, removing, or repairing the utilities. In the exercise of such rights, Grantee shall not take or cause to be taken any action which would constitute a material change to the original civil engineering plan for the Grantor's Tract and Grantee shall use best efforts to minimize to the extent practicable any damage to or interference with the use and enjoyment of any other tract or of any business conducted thereon, including but not limited to the Grantor Tract. Grantee shall exercise Grantee's utility extension rights in such a manner that will cause minimal disruption to the on-going business operation of Grantor. Grantee also agrees not to disrupt the Easement Tract during the months of November and December. 2. Use. Grantee, through its officers, employees and agents; shall have the right to enter upon the Easement Tract in such a manner and at such times from the date hereof as may be reasonably necessary for the purpose of constructing, building, laying, patrolling, JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3721808 07105!2012 at 01:20 PM St. Lucie County Wastewater Force Main OR BOOK 3401 PAGE 1131 - 1146 Doc Type: EASMT RECORDING: $137.50 replacing and maintaining thereon certain municipal type piping and related appurtenances, including such repairs, replacements and removals as may be from time to time required. Said right shall be perpetual, but should Grantee cease to use, maintain and/or repair said easement line(s) for a period of two (2) years, then the applicable utility lines or appurtenances thereon installed in, upon or under the Easement Tract shall be removed by Grantee within thirty (30) days notice from Grantor. Said utility extension lines shall be laid so that the top thereof shall be buried not less than three (3) feet below the natural surface of the ground, or deeper as may be required by applicable law. In no event shall the Easement Tract be used by Grantee as a staging area for any equipment, trucks, dirt, supplies, soil or material. 3. Maintenance. (a) Grantee shall restore the surface of the Easement Tract to its original condition immediately following any of Grantee's permitted activities within the Easement Tract, so that Grantor, its successors and assigns, shall have the free and unobstructed use thereof, subject to the rights of Grantee herein provided. Grantee will make no unreasonable interference with such use of the surface of said lands by Grantor, its successors and assigns. (b) Grantee, following the initial installation, and upon each and every occasion that the same is repaired, renewed, added or removed, shall restore the Easement Tract and Grantor Tract, and any such landscaping, sod, trees, shrubbery, buildings or improvements disturbed or damaged thereon, to a condition as they were prior to any such installation or work, including but not limited to the restoration of any topsoil. (c) If, in an emergency, it shall become necessary for Grantor to promptly make any repairs that otherwise would have been the responsibility of Grantee, or if Grantee shall fail to adequately maintain the Easement Tract as provided herein, then Grantor, at Grantor's sole option, but not obligation, may proceed forthwith to have the repairs made and pay the cost thereof, and to receive reimbursement therefor from Grantee within thirty (30) days after a written request for same. In such instances, Grantor shall provide Grantee with oral notification of its intention to make such repairs or the occurrence of such repairs, at the earliest practicable time given the nature and extent of the emergency. 4. Indemnification and Insurance. (a) Grantor, its successors and assigns, will not be responsible for damage by others to said utility lines. Grantee shall indemnify, defend and hold harmless Grantor from any damages or liability to persons or property that might arise from the use, construction, removal, operation or maintenance of the Utility Easement and associated lines by Grantee, its agents, employees, contractors, or anyone authorized by Grantee. (b) Grantee is self insured as to Iiabiiity with limits of $200,000 per person and $300,000 each occurrence. Upon request Grantee shall submit written evidence of such self insurance to the Grantor. St. Lucie Counn Wastewater Force Main ~. Hazardous Waste. Grantee (hereafter the indemnifying party), its successors and assigns, shall indemnify, defend and hold harmless Grantor from and against any and all losses, liabilities (including strict liability), damages, injuries, expenses, and costs including, without limitation, reasonable attorneys fees, of any settlement or judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Grantor, its successors and assigns by any person or entity or governmental agency, for, with respect to, or as a direct or indirect result of the escape, seepage, leakage, spillage, emission, discharge or release of any Hazardous Substance" and/or "Hazardous Material" (as those terms may be defined in the acts recited hereinbelow) resulting from the operations of Grantee upon or under any parcel of land owned by Grantor including without limitation, any losses, Iiabilities (including strict liability), damage, injuries, expenses, and costs, including, without limitation, reasonable attorney's fees, of any settlement or judgment or claims asserted or arising under, as amended, the Comprehensive Environmental Response, Compensation and Liability Act, the Superfund Amendment and Reauthorization Act, the Resource Conservation Recovery Act, the Federal Water Pollution Control Act, the Federal Environmental Pesticides Act, the Clean Water Act (and any and all amendments to the above-referenced acts), any so called federal, state or local "Superfund" or "Superlier." statute, or any other statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including strict liability), or standards of conduct concerning any such Hazardous Substance and/or Hazardous Material. 6. Duration. The agreement contained herein and the rights granted hereby shall run with the title to the Easement Tract and shall bind and inure to the benefit of the parties hereto and their respective heirs, successors, sublessees and assigns; subject, however, to the termination provisions of Paragraph 2 herein above. 7. Relocation. (a) Grantor reserves the right to modify or relocate the utility lines, Utility Easement and associated easements, if any, at the expense of Grantor, provided any such modification or relocation does not prevent adequate delivery of such utility services. (b) In case of the opening of a public road or street to or upon the Grantor Tract, then any portion of such line interfering with the proper construction and maintenance of such road or street shall be adjusted accordingly by Grantee, at Grantee's expense, so as not to interfere with such road or street or Grantor's business operations. 8. Hazardous Materials. Grantee, and Grantee's successors and assigns, shall indemnify, defend and hold harmless Grantor from and against any and all losses, Iiabilities (including strict liability), claims, causes of action, damages, injuries. expenses and costs, including without limitation reasonable attorney's fees of any settlement, judgment or claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Grantor. and its successors and assigns, by any person or entity or governmental agency, for, with respect to, or as a direct or indirect result of, the construction of Grantee's improvements, use of Grantee's improvements by Grantee, its customers, suppliers, employees, and tenants or anyone else using the such improvements, the use of the Utility Easement, or any claims the escape, seepage, leakage, spillage, emission, discharge or release of any hazardous substance St. Lucie County Wastewater Force Main 4 resulting from the operations of Grantee upon or under any tract of land owned by Grantor including without limitation, any losses, liabilities (including strict liability), damage, injuries, expenses and costs, including, without limitation, reasonable attorney's fees, of any .settlement or judgment or claims asserted or arising under, as amended, the Comprehensive Environmental Response, Compensation and Liability Act, the Superfund Amendment and Reauthorization Act, the Resource Conservation Recovery Act, the Federal Water Pollution Control Act, the Federal Environmental Pesticides Act, the Clean Water Act, any so called federal, state or local "Superfund" or "Superlien" statute, or any other statute, law, ordinance. code, rule, regulation, order or decree regulating, relating to or imposing liability (including strict liability), or standards of conduct concerning any hazardous substance. 9. Storm Water Requirements. In exercising any rights and privileges under this Easement, Grantee shall comply fully with any federal, state or local laws, regulations, ordinances, permits or other authorizations or approvals or other requirements relating to storm water discharges or the control of erosion or sediment discharges from construction projects, including but not limited to the Clean Water Act, 33 U.S.C. § 12~ 1 et seq., and the Storm Water General Permit for discharges Associated with Construction Activities (collectively the "Storm Water Requirements"). In addition to any other provisions of any Storm Water Requirements: A. Grantee shall, as required by any Storm Water Requirements, prepare a Storm Water Pollution Prevention Plan (the "Grantee SWPPP") for that part of the properly owned by Grantor on which Grantee plans to conduct earth-disturbing activities, including but not limited to the Easement Tract. The Grantee SWPPP shall identify and describe the role of any other contractor, entit~~ or individual contemporaneously undertaking earth-disturbing activities in complying with the Storm Water Requirements, and shall identify the manner in which Grantee and anv such contractor, entity or individual shall coordinate to comply with the Storm Water Requirements and to avoid negatively impacting any erosion or sediment controls during earth-disturbing activities. Grantee shall provide Grantor with a copy of the Grantee SWPPP prior to initiating any earth-disturbing activities. B. Grantee shall, as required by any Storm Water Requirements, submit a "Notice of Intent" (as such term is commonly defined in the environmental compliance industry) or other permit application prior to initiating any ground- disturbing activities at the properly owned by Grantor, including but not limited to the Easement Tract, covering the number of acres which will be disturbed by Grantee. Grantee shall submit such Notice of Intent or other permit application regardless of whether Grantor or any agent or contractor of Grantor has also submitted any Notice of Intent or other permit application, unless any Storm Water Requirements expressly prohibit such submittal. Grantee shall provide Grantor with a copy of the Notice of Intent or other permit application prior to initiating any earth-disturbing activities. C. If Grantee and Grantor. or any agent or contractor of Grantor. contemporaneously undertake any earth-disturbing activities, Grantee shall attend any St. Lucie County Wastewazer Force Main 5 weekly meetings held by Grantor, or any agent or contractor of Grantor, to review the requirements of any applicable permits, the Grantee SWPPP and other SWPPPs prepared for the property owned by Grantor, including but not limited to the Easement Tract, to address any problems that have arisen in implementing the SWPPPs or maintaining Best Management Practices ("BMPs"). D. In the event Grantee, in exercising the rights and privileges of this Easement requires the development and/or use of borrow, material, equipment or waste storage sites, Grantee agrees it shall, prior to the development and/or use of such sites, obtain any permits or approvals necessary for the legal use of such sites, and shall also comply with all laws, regulations and permit conditions applicable to such sites. 10. Immigration Requirements. Grantee shall (i) comply in all respects with all immigration laws, statutes, rules, codes and regulations, (ii) properly maintain all records required by the United States Citizenship and Immigration Services (the "USCIS"), including, without limitation. the completion and maintenance of the Form I-9 for each of Grantee's employees, and (iii) respond in a timely fashion to any inspection requests related to such I-9 Forms. Grantee shall fully cooperate in all respects with any audit, inquiry, inspection or investigation that may be conducted by the USCIS of Grantee or any of its employees. Grantee shall, on a bi-annual basis during the term of this Easement, conduct an audit of the I-9 Forms for its employees and shall promptly correct any defects or deficiencies which are identified as a result of such audit. Grantor may, in its sole discretion, terminate this Easement immediately if, at any time during the term, (x) Grantee violates or is in breach of any provision of this paragraph or (y) the USCIS determines that Grantee has not complied with any of the immigration laws, statutes. rules, codes and regulations of the United States. Grantee shall require all subcontractors performing any work on the Utility System to comply with the covenants set forth in this paragraph. 11. Permits and Licenses. Grantee shall secure, maintain and comply with all required licenses, permits and certificates relating to, or otherwise necessary or appropriate for, the construction, installation.. repair, replacement and maintenance of Grantee's improvements. Grantee shall compl}~ with any and all applicable federal, state and local laws, rules, regulations, statutes, codes, orders and ordinances, including, but not limited to, those governing the prevention, abatement and elimination of pollution and/or protection of the environment and the employment of its workers. Grantee acknowledges that it is Grantee's sole responsibility to obtain any governmental permits to perform any required maintenance checks, and to abide by any governmental regulations associated with the use, construction, patrolling, replacement and maintenance of Grantee's ~ improvements, as applicable. 12. Default by Grantee. If Grantee defaults in the performance of any provision contained in this Easement, Grantor may terminate this Easement following written notice and afifteen-(15) day period during which Grantee shall have the opportunity to cure such St. Lucie Couni<~ Wastewater Force Main 6 default to Grantor's satisfaction. If Grantor terminates this Easement under this provision, Grantee may exercise any and all remedies available at law or in equity. I3. Payment. Any reimbursable due under this agreement (payment reimbursing Wal-Mart for an expenditure made on behalf of Grantee) should be sent to either of the following addresses: (Regular Mail) Wal-Mart Stores, Inc. P.O. Box 502215 St. Louis, MO 63150-2215 OR (Overnight Mail) Wal-Mart Stores, Inc. 800 Market St., 4th Floor Lockbox # ~0221~ St. Louis. Iv1O 63101 Any receivable (excepting reimbursable) due Wal-Mart under the terms of this agreement should be sent to either of the following addresses: (Regular Mail) Wal-Mart Stores, Inc. P.O. Box 500620 St. Louis, MO 63150-0620 OR (Overnight Mail) Wal-Mart Stores, Inc. 800 Market St., 4th Floor Lockbox # 500620 St. Louis, MO 63101 13. Compliance with Law. Grantee, in exercising the privileges granted by this Easement, shall comply with all applicable federal, state, county and municipal laws, ordinances and regulations. 14. Headings. The headings of the paragraph contained herein are intended for reference purposes only and shall not be used to interpret the agreement contained herein or the rights granted hereby. 1 ~. Counterparts. This agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. St. Lucie County Wastewater Force Main IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first written above. WALMART STORES EAST, L.P. A Delaware Limited Partnership By: WSE Management LLC, A Delaware Limited Liability Company Its general partner UU B~': /jil~~ti~~v ~. V.w.,e.-s ~ S~^. ~,(~,-(.,,,fie ~t~to=.na~P~/' ~: ~ ~~:~~ ATTEST: _ ~ `~~` ~'~-~~,:y BOARD OF COUNTY COMMISSIONERS ~' "~ ~-, r ,.~,us OF ST. LUCIE COUNTY, FLORIDA aC~Aq ~1 i ii r~ ~': / '.' rY 1tY i ~~ ~'~ 9 ~ De ut~ ~, r ~C~~~~ ~ ~ .~s, «. , Chairman ~' ~~-~~ 4 APPROVED AS TO FORM AND CORRECTNESS: By: St. Lucie Count<~ Wastewater Force Main 8 STATE OF ARKANSAS COUNTY OF BENTON ACKNOWLEDGEMENT §§ On this ~~tday of June, 2012, before me, the undersigned notary public in and for said County and State, personally appeared before me Jeff Snyder, to me personally known, who, being by me duly sworn, did say that he is ~~, ~~ of WALMART STORES EAST, L.P., a Delaware Limited Partnership, and that the seal affixed to the foregoing instrument is the seal of said entity, and said he acknowledged said instrument to be the free act and deed of said entity. WITNESS MY HAND and notarial seal subscribed and affixed in said County and State the ~~ day of June, 2012. My Commission Expires: NOTARY (PUBLIC ~UZabeth i=. Ro4~5tt N~7TlaFiY P~B~,I; Benton Caunty, I~rkansas My Commissiar~ ~xpsr~s g.,? 5!2Q? St. Lucie Count~~ Wastewater Force Main 9 ACKNOWLEDGEMENT STATE OF FLORIDA ) §§ COUNTY OF ST. LUCIE ) On this day of June, 2012, before me, the undersigned notary public in and for said County and State, personally appeared before me Tod Mowery; personally known, who, being by me duly sworn, did say that he is Chairman of Board of CountS~ Commissioners of St. Lucie CountS~, Florida. WITNESS MY HAND and notarial seal subscribed and affixed in said County and State the /Q`~ day of June, 2012. ~~ C~ .~ ~~ G~-c`~ NOTARY PUBLIC My Commission Expires: ,~>ti~~f;~;., ca~~~ a. aisi~oP ,~, , ~~. ~;;mmission # EE 191842 >~'~ Expires Maa 26, 2016 ~ faxdediMuimyFmnkis~vxioe9(g386d019 St. Lucie County Wastewater Force Main ]0 EXHIBIT A [Grantor Tract] Flagler Plat No. 1, Tract 6, as recorded in Plat Book 42, Pages 8, 8A and 8B of the Public Records of St. Lucie County, Florida. St. Lucie County Wastewater Force Main EXHIBIT B [Easement Legal Description] St. Luce Countv Wastewater Force Main LEGAL DESCRIPTION An easment for utility purpose over, under and across a parcel of land lying in Section 36, Township 35 South, Range 39 East and a portion of Tract 6, FLAGLER PLAT N0. 1, as recorded in Plat Book 42, at Page 8, of the Public Records of St. Lucie County, Florida, said easement being more particularly described as follows; Begin at the Southwest corner of said Tract 6; thence North 24'00'13" West, along the Easterly right-of-way line of Sunshine State Parkway (a 300.00 foot wide right-of-way), a distance of 646.16 feet; thence North 45°34'07" East, a distance of 74.41 feet: thence South 44'25'53" East, a distance of 15.00 feet; thence South 45°34'07" West, a distance of 69.33 feet; thence South 24'00'13" East, a distance of 638.35 feet; thence North 89'54'15" West, a distance of 10.95 feet to the Easterly right-of-way line of Sunshine State Parkway and the POINT OF BEGINNING. Containing 7,501 square feet, more or less. a n 0 vi 0 0 NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAY AND/OR EASEMENTS OF RECORD. N ~i Mich ei 7. Kolodzi?jez Date Profession~~l Surveyor & Mapper F!orido Certificate No. 3864 REVISION: REVISED LEGAL DESCRIPTION GLM 6-6-2012 Sheet 1 of 2 DESCRIPTION OF G f.1TIL~ ~ ~` E~SEMER~T File: 11-287s&d CULPEPPER & TERPENING, INC ue.dwg - Dote: 3-7-201 rL "~CONSU LTiNG ENGINEERS ~ LAND SURVEYORS 2980 SOUTH 25th STREE'C . FORT PIERCE, FLORIDA 34981 PHONE 772-464-3537 • FAX 772"464-9497 . cvmw.a~ng.mm " IS15W FLAGLER AVENGE . STCIAAT, FLARID_i 34994 _ _... - PHONE 77~T20-3376 • FAX 772-4649497 • mmw,a-cr_cm tech: GLM STATE OFFLORID.~CERTIFIGTION No. Ltl 0.86 2 a 0 iv q S44'25'53"E 15.00' GRAPHIC SCALE goo o so goo ( irr l~sr ) 1 inch 100 fL UE =UTILITY EASEMENT POB =POINT OF BEGINNING PLS =PROFESSIONAL LAND SURVEYOR N.S.L. R. W.M.D. =NORTH ST. LUCIE RIVER WATER MANAGEMENT DISTRICT ~~ ~ Q. ~ O_ Q_ ~ ~ ~: ~3 ~ LA~ cP ~ O~ ~~ s o~ ~ ~~ ~ ~ ~~ ~~ TRACT 6 FLAGLER PLAT N0. 1 PLAT BOOK 42, PAGE 8 ~~ 6,_ ~~- BEARINGS SHOWN HEREON ARE RELATIVE TO THE EASTERLY RIGHT-OF-WAY OF SUNSHINE STATE PARKWAY HAVING. A BEARING OF N24'00'13"W 1~ 00 POB \~ N89'S4'15"W 10.95' SOUTHWEST N.S. L. W.M.D. CANAL N0. 101 CORNER \ 108' WIDE RIGHT-OF-WAY Sheet 2 of 2 SKETCH 0~ DESCRI~T~~~9 OF l~~I~P~' ERSEME~T SKETCH TO ACCOMPANY LEGAL DESCRIPTION _,~ „~ THIS IS NOT A SURVEY ~h' ~ ~ ~~ ~~~ h~ 5~ ~S ~O ~n GF, v~ ~~ ~y O~ ~i ~~ File: 11-287s&d CULPEPPER ~ TERPENING, INC ue.dwg ~n==' Date: 3-7-2012 R CONSULTING ENGINEERS ~ LAND SURVEYORS 2960 SOUTH 25sh STREET .PORT PIERCE, FLORIDA 34981 _ PHONE 77264-3537 • FA%772~64-9497 • wmm,¢<cg,mm 151 SW FLAGLEIL AVEt~TUE . STUART, FLORIDA 34994 ... PHONE 772-220.3376. PAX 772-464-9497 . wmw.cz-~^z.mm Tech: GLM ST.,~~F~o>~.,~~~,~,noNho~,«~ LOCATION MAP EXHIBIT "C" ~, ~~: F#~. - ~ :. i F i 1 ~ 4~ ~~~ , A ~~~,~ ~`~rk ;. ~} ly k ~~" ~ ~, . S r F r vY _. ~_ N _ ~4 .. IS~.J',' - C4 yam' _ ~ _ a _ ~ ,~~, ~ ~~~w i ~ ~ ~ ~ ~ .' i^~ ,~ ~~yy _ .+~' ~" ~ 4; 'Z n; y ~ ~ j~~~_ ~~ ,x: "~ p ~p ~. { ~y ~~' .. y\ ~ 9~u ~' _24i t ~' .O .• f. j, _ I i .~~ ~ ~ Y~ rs r - ~ ~ ~'~ ~ , ~' .v- .. .'. r ~i •- ,. r~, ~,~. ~ ~ ^~t~ ~ s. _ i y ~ ~^` ~; z~ , _. ` ht .N~f o-.--~ .R SAINT LUCIE COI.TNTY OFFSITE 6" FORCE MAIN