HomeMy WebLinkAbout2023-201A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. SUTLER, CLERK
Prepared by and return to:
City Attorney
P.O. Box 1389
Vero Beach; FL 32961-1389
TEMPORARY CONSTRUCTION EASEMENT
(WATER LINE)
#2023-EG-281(TCE)
THIS INDENTURE made and entered into this ) a 07day of 2023,
"Effective Date's by and between INDIAN RIVER COUNTY, a politial subdivision of the
State of Florida: (hereinafter "GRANTOR" or "COUNTY'), whose mailing address is 1801 271h
Street, Vero Reach, Florida 32960, and the CITY OF VERO BEACH, FLORIDA, a Municipal
corporation (hereinafter "GRANTEE" or "CITY"), whose mailing address is P.O. Box 1389;
Vero Beach, Florida 32961-1389.. GRANTOR and GRANTEE may also be referred to herein
individually as a. "party" or collectively as the "parties."
WHEREAS, GRANTOR is the fee simple owner of certain lands situated in Indian. River
County, Florida, and more specifically described in Exhibit "A" attached hereto and made a part
hereof, which is located at GIFFORD DOCK PARK; and,
WHEREAS, GRANTOR HAS AGREED TO GRANT AND CONVEY TO GRANTEE,
a temporary non-exclusive access easement over, on, under, upon, and across the entire property
for the specific limited purposes set forth herein,
NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and
conditions set forth herein, together with other good and. valuable consideration provided to
GRANTOR, the adequacy and, receipt of which are hereby acknowledged, GRANTOR hereby
voluntarily grants, creates, conveys, and establishes a temporary easement for and in favor of
GRANTEE upon the Property described in Exhibit "A," which shall run with the Iand and be
binding on the GRANTOR, and shall remain in full force and effect for the duration provided
below.
The scope, nature, and character of this Temporary Construction Easement shall -be:
1. For the construction of an underground pipeline containing. water for service to John's
Island; including site work, preparation, maintenance; repair; access, and testing.
2. GRANTEE shall restore the Property to the condition that existed prior to any work
being conducted and permitted hereunder, normal wear and tear excepted.
3. GRANTEE shall, at its own cost and expense, obtain all necessary permits and
authorizations required by local, state, or federal authorities prior to the start of construction work
at the Premises.
4. GRANTEE shall hold the GRANTOR harmless on and indemnify against any claims,
causes of action, demands, or suits arising. out of its use of this temporary construction easement
for the construction of the pipeline at or on the. Premises, for any and all negligent acts caused by
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N\Departments\Water & Scwer\BASEMENTS\202311RC- Gifford Dock\2023.8.14 - Teinporary Construction. Easement 112023-E0•281(TCE),docx
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
its employees, agents, and contractors,. for any and all damages, attorney's fees and court costs
incurred by any third party. By execution of this agreement, neither Party waives its sovereign
immunity protections as provided under section 768.28, Fla. Stat.
5. GRANTEE shall maintain its current level of liability insurance during the- term of this
easement for use and benefit of the Parties.
fi. GRANTOR warrants that it has full authority to grant this temporary construction
easement.
7. The Easement hereby created and granted includes the creation of all incidental rights
reasonably necessary for the use and enjoyment. of .the easement area and Premises for its intended
purposes, including, specifically, the right of entry for purposes of construction, installation,
operation, maintenance and repair of the pipeline being installed hereunder.
8. Use of the easement Premises and entry upon the Premises will at all times conform to
and comply with the terms of this easement and all applicable governmental regulations now in
existence or hereafter created,
9. The easement hereby granted and conveyed to,, over, under, upon, across; and through
the Premises shall be for the reasonable time necessary for the completion of the project, but not
to exceed ninety (90) days from the date of commencement of construction activities at the
Property. GRANTEE shall give GRANTOR written notice of completion of the construction of
the project.
10. The easement shall be governed by and, construed in accordance with the laws of the
State offlofida.
IN WITNESS WHEREOF, the GRANTOR has duly authorized and caused this
Indenture to be executed in its name as of the day and year first herein written.
ATTEST:
By: ,(yam
4LW�
Deputy Cleric
(Official Seal)
Approved as to form and
legal suqlciency:
014
Bill DeBraa , County Attorney
GRANTOR:
INDIAN RIVER, CO.VNTY,
By its Board of County�Comm
IM
Joe
.G�ti1MI.....
>it�rie
R C"N' . °+
BOCC approved: knfb�L�103
I
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NADepartmentsMater & Sewcr\EASEMENTS\2023VFtC- Gifrord Dock\ 023.S.I4 .Temporary Construction Easement #2023-E0-28t(TCE).dacx
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
ACCEPTANCE OF CONVEYANCE
The foregoing conveyance is hereby accepted by the City of Aero Beach, Florida, as
evidenced by the signature- of the undersigned, who is authorized to accept this conveyance.
ATTEST:
Tammy K. ick
City Clerk
{:SFAs.)
CITY OF VERO BEACH, FLORIDA
By: --,A j
l<-- At.
Monte K. Falls, P.E,
City Manager
Date: !!Ll? 3.
ADMINISTRATIVE REVIEW
(For Internal Use Only—Sec. 2-77 COVB. Code)
Approved as to form and. legal sufficiency
I
or CO onl/y:
John Sl. Turner
City Attorney
Approved.q to technical req a ents:
Robert J. 9afton, P.E.
Director, Water & Sewer
Approved as to technical requirements:
44--ZgE -- -
Matthew T. Mitts, P.ff
Director, Public Works
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N:\Departments\Water & SewdT\EAS EMENTM202311RC- Gifford Dock -\2023,8.14 - Temporary Consiniction Easement #1023-EG-2$1CME).docx
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APPROVED REVISION DWG ND.
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CITY OF VERO BEACH X UFFORD DOCK PARK GIFFORD DOCK PARK 1
WATER AND SEWER DRAWN BY
AW 45TH STREET PK:NK: SHELTER EXHIBIT
DEPARTMENT DAT[ _ -- --- —_- —
"AlvLit,
c�o Indian River County Florida
4 "
t
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F�0WO Master
File ID: 23-0802
Version: 1
Subject:
File Number: 23-0802
Type: Department Staff Report
Project
Number:
Title: Stormwater Pipeline Easement Request, Gifford Dock Park
Internal Notes: Gifford Dock Park
Stormwater Pipeline Easement Request
Sponsors:
Attachments: Staff Report, Temporary Construction Easement,
Draft Permanent Easement, COVB Stormwater
Pipeline Route, Shelter Exhibit
Bid Number:
Entered by: rscpyrka@ircgov.com
History of Legislative File
Indian River County
Administration Complex
1801 27th Street, Building
A
Vero Beach, Florida,
32960-3388
www.indianriver.gov
Status: Agenda Ready
in Control: Public Works
File Created: 08/30/2023
Final Action: 09/12/2023
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion: Date:
1 Board of County 09/12/2023 Approved Pass
Commissioners
Action Text: A motion was made by Commissioner Moss, seconded by Chairman Earman, to approve staffs
recommendation. The motion carried by the following vote:
Aye: 5 Chairman Earman, Vice Chairman Adams, Commissioner Flescher,
Commissioner Loar, and Commissioner Moss
Indian River County Florida Page 1 Printed on 9/29/2023