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Home My WebLink About11-210that: RESOLUTION NO. 11-210 A RESOLUTION ACCEPTING A RECIPROCAL EASEMENTS FOR SHARED INGRESS AND EGRESS ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, The foregoing Reciprocal Easements for Shared Ingress and Egress from Samuel P. Comer and Alexandra Z. Comer is duly accepted on behalf of St. Lucie County this 201" day of December, 2011. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: � tia s }` Chairm n ATTEST: ti. Deputy Clerk BY APPROVED AS TO FORM AND CORRECTNESS: S:\ACQ\WP\JoAnn\Environmental\Hackberry Hammock\Comer\Resolution No. 11-210.wpd Return to and prepared by: JoAnn Riley under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Peirce, Florida 34982 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3667674 01/2412012 a103:46 PM OR BOOK 3357 PAGE 1464 - 1468 Doc Type: EASMT RECORDING: $44.00 RECIPROCAL EASEMENTS FOR SHARED INGRESS AND EGRESS THIS INDENTURE made and entered thisday of>{ -1z_ 2011, by and between Samuel P. Comer and Alexandra Z. Comer, his wife, hereinafter called the Grantor and St. Lucie County, a political subdivision of the State of Florida, hereinafter called the Grantee. FOR AND IN CONSIDERATION of the sum of $1.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell, convey and warrant to the Grantee, its respective successors, agents, assigns, lessees and tenants, a non exclusive easement in perpetuity, unless sooner terminated as herein provided, for ingress and egress over the following described parcel: See Exhibit "A" TO HAVE AND TO HOLD the Easement hereby granted unto the Grantee as appurtenant to the following described land of the Grantee which constitutes the Easement: See Exhibit "A" IT IS FURTHER AGREED that Grantor shall have non-exclusive rights to: (a) mow any grass or other vegetation which is growing in and (b) otherwise repair, grade and maintain the existing dirt travel way that is approximately 15 feet wide, which is located on or within the Easement in such condition and state of repair as either Grantor or Grantee may elect. The foregoing is not intended to nor shall it be construed to obligate the Grantor or the Grantee to maintain or improve the Easement and any such activities shall solely be at the election of either Grantor or Grantee. Further, Grantor shall have no obligation to contribute to any expenditures made by the Grantee in connection with any of the foregoing mowing, repair or maintenance activities and Grantee shall have no obligation to contribute to any expenditures made by the Grantor in connection with any of the foregoing mowing, repair or maintenance activities. IT IS FURTHER AGREED that as a condition of Grantor granting the Easement the Grantee shall impose certain conditions on the Grantees property located adjacent to the Grantors parcel for the benefit of the Grantors and relevant to the Work Kamper program as follows: 1. No streetlights or floodlights are permitted. 2. No loud music or noise to be audible at the Comer's primary residence at any time. 3. All repair and maintenance of structures and landscape shall take place Monday through Friday and between the hours of 8 a. m. and 5 p.m, 4. No more than 4 guests at any one time will be permitted. Guests may not stay overnight more than 7 days without obtaining prior permission from the Grantee. 5. No more than one recreational vehicle will be permitted. S. Entrance gate must remain closed at all times after ingress and egress. 7. No parking of vehicles within the Easement. 8. Pets are allowed, but restricted to no more than two (2) dogs and no larger than 40 pounds each, and two (2) cats. No other pets are permitted. The dogs must be restrained and controlled at at times. Excessive barking will not be tolerated. The cats must be kept indoors or if outdoors, caged at all times. 9. Work Kamper may not have any violation of Florida law or regulation pertaining to wildlife within the past 10 years. 10. Grantee must conduct a thorough background check of occupants, including, but not limited to, an investigation pertaining to criminal and traffic offenses. Persons who have been charged with, or convicted of, any felony shall not be acceptable. 11. No access to remainder of the Grantor property is conveyed. 12. Occupants of the site must abide by all rules applicable to users of the Preserve. This includes, but is not limited to rules prohibiting the discharge of firearms and trapping of animals and birds. It is the responsibility of the occupants to ensure that guests follow the rules. The County shall furnish all occupants with the rules of the Preserve. 13. It is the responsibility of the occupants to ensure that their guests abide by all provisions of this agreement applicable to the occupants. 14. This agreement may be amended or revoked at any time by the Grantor. 15. To the extent allowed by law Grantor to be held harmless for any accident or injury occurring on the Easement. IT IS FURTHER AGREED that the Grantor and the Grantee shall have the right at anytime hereafter to terminate Easement by executing, recording in the public records and thereafter delivering a copy to the other party, a notice of the election to terminate the Easement and upon such execution and recordation, Easement shall automatically terminate and be of no further force or effect. The failure of either Grantor or Grantee to deliver a copy of any notice of termination which is executed and recorded in accordance with the foregoing provisions shall not impair or affect the validity, effectiveness or enforceability of such notice of termination. IN WITNESS WHEREOF, the Grantor and Grantee have set their hands and seals on the day and year first above written. WITNESS: y`mb: Zrrat'�,, � r> inter Print Name: t H 4 } Print Name: 'd_/ Print Name.' 4 <" 4��P, 2 GRANTOR: sAMUEL P. COMER ALEXANDRA Z. COMER r STATE OF FLORIDA ST. LUCIE COUNTY The foregoing instrument was acknowledged before me this ZZ day of N W , 2011 by Samuel P. and Alexandra Z. Comer. They are rsonally ltnown to f� or have produced as identification. ,•y �{,,•,, ,iQYE L. RENAI.DO MY COMMISSION # DO 736681 EXPIRES: March 25, 2012 ; ut BondW Thru No%rf PBW umW* ATTEST: DE UTY CLERK No ry )SQnature GRANTEE: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY,_ FLORIDA BY: . CRA IRMA APPROVED AS TO FORM AND County Attorney S:\ACQ\wP\JoAnn\Environmental\Hackberry Hammock\Comer\Ingress and Egress Easement.docx LEGAL DESCRIPTION: 60' INGRESS AND EGRESS EASEMENT AN EASEMENT FOR INGRESS AND EGRESS PURPOSE OVER AND ACROSS A PARCEL OF LAND LYING IN SECTION 32 TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST.-LUCIE COUNTY, FLORIDA; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 60 FEET OF THE WEST 260.00 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND; "BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SECTION 32, TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA WITH THE EAST RIGHT OF WAY LINE OF GERMANY CANAL ROAD; THENCE RUN SOUTH 89 56'39" EAST ALONG THE NORTH LINE OF SECTION 32 A DISTANCE OF 1320.00 FEET; THENCE RUN SOUTH 01 *48'49" EAST PARALLEL TO THE EAST RIGHT OF WAY OF GERMANY CANAL ROAD A DISTANCE OF 165.02 FEET; THENCE RUN NORTH 89'56'39" WEST, PARALLEL WITH THE NORTH LINE OF SECTION 32 A DISTANCE OF 1320.00 FEET TO THE INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF GERMANY CANAL ROAD; THENCE RUN NORTH 01'48'49" WEST ALONG SAID EAST` RIGHT OF WAY OF GERMANY CANAL ROAD A DISTANCE OF 165.02 FEET TO THE TO THE POINT OF BEGINNING." SAID EASEMENT CONTAINING 0.35 ACRES, MORE OR LESS, BEARING BASE: THE NORTH LINE OF THE SECTION 32 T -36-S, R -38-E IS TAKEN TO BEAR S S9 56'39" E AND ALL OTHER BEARINGS ARE RELATIVE' THERETO. SURVEYOR NOTES: I . THIS IS NOT A SURVEY. 2. THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY THE UNDERSIGNED SURVEYOR AND MAPPER. 3. REFERENCES AREA AS FOLLOWS; WARRANTY DEED RECORDED IN ORB 2231 AT PAGE 1741. THE DOCUMENT RECORDED AT ORB 2231, PAGE 1741 CONTAINS TWO SCRIVNER ERRORS. A CORRECTIVE DEED SHOULD BE FILED. CERTIFICATE: I hereby certify that the sketch of legal description represented hereon, dated this /.3 day of / t , 2007, is true and correct to the best of my knowledge and belief, and meets the Mini um Technical Standards set forth by the Florida Board of Surveyors and Mappers in Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472.072 Florida Statutes. NOTE: NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER PROFESSIONAL SURVEYOR AND MAPPER EXHIBIT RONALD H. HARRIS e ��A,� STATE OF FLORIDA NO. 4198