HomeMy WebLinkAbout2008-123=2008-1D�3 y--15-08
k%COUNTY ATTORNEY'S OFFICE ; 3 ;l_�\
INDIAN,ALIVER COUNTY
1801 27th Street
Vero Beach, Florida 32960
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
EASEMENT
Easement Number 31859
1931433
THIS DOCUMENT HAS B=EN
RECORDED IN THE PU8_IC RECORDS
OF INDIAN RIVER COLN TY ' B
BK: 2274 PG 1731, Page of
0612412008 at 03108 PM'
JEFFREY KBARTON, CLERK OF COURT
THIS EASEMENT, made and entered into this C" day of X""o
2008, between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF
THE STATE OF FLORIDA, acting pursuant to its authority set forth in Section
253.03, Florida Statutes, hereinafter referred to as "GRANTOR", and INDIAN
RIVER COUNTY, FLORIDA, hereinafter referred to as "GRANTEE".
WHEREAS, GRANTOR is the owner of the hereinafter described real
property, which is managed by the State of Florida Department of Environmental
Protection, Division of Recreation and Parks, under Lease Number 4118; and
WHEREAS, GRANTEE desires an easement across the hereinafter described
real property for construction and maintenance of a retention pond associated
with the widening of County Road 512; and
WHEREAS, the managing agency has agreed to the proposed use of this land
under this easement.
NOW THEREFORE, GRANTOR, for and in consideration of mutual covenants and
agreements hereinafter contained, has granted, and by these presents does
grant unto GRANTEE, a non-exclusive easement across the following described
real property in Indian River County, Florida, to -wit:
(See Exhibit "A" Attached)
subject to the following terms and conditions:
1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and obligations
herein shall be exercised by the Division of State Lands, State of Florida
Department of Environmental Protection.
2. TERM: The term of this easement shall be for a period of six months
commencing on �� lp-�y`� and ending on / V ern- `3 1 00-5
with no option for renewal, unless sooner terminated pursuant to the
provisions of this easement.
3. USE OF PROPERTY AND UNDUE WASTE: This easement shall be limited to the
construction and maintenance of a retention pond associated with the widening
of County Road 512, over the property described in Exhibit "A" during the term
of this easement. This easement shall be non-exclusive. GRANTOR retains the
right to engage in any activities on, over, across or below the easement area
which do not unreasonably interfere with GRANTEE'S exercise of this easement
and further retains the right to grant compatible uses to third parties during
the term of this easement.
I
GRANTEE shall dispose of, to the satisfaction of GRANTOR, all brush and
refuse resulting from the clearing of the land for the uses authorized
hereunder. If timber is removed in connection with clearing this easement,
the net proceeds derived from the sale of such timber shall accrue to GRANTOR.
GRANTEE shall take all reasonable precautions to control soil erosion and to
prevent any other degradation of the real property described in Exhibit "A"
during the term of this easement. GRANTEE shall not remove water from any
source on this easement including, but not limited to, a watercourse,
reservoir, spring, or well, without the prior written approval of GRANTOR.
GRANTEE shall clear, remove and pick up all debris including, but not limited
to, containers, papers, discarded tools and trash foreign to the work
locations and dispose of the same in a satisfactory manner as to leave the
work locations clean and free of any such debris. GRANTEE, its agents,
successors, or assigns, shall not dispose of any contaminants including but
not limited to, hazardous or toxic substances, petroleum, fuel oil, or
petroleum by-products, chemicals or other agents produced or used in GRANTEE'S
operations, on this easement or on any adjacent state land or in any manner
not permitted by law. GRANTEE shall be liable for all costs associated with
any cleanup of the subject property which is a result of GRANTEE'S operations
and use of the subject property.
Upon termination or expiration of this easement GRANTEE shall restore
the lands over which this easement is granted to substantially the same
condition as existed on the effective date of this easement. GRANTEE agrees
that upon termination of this easement all authorization granted hereunder
shall cease and terminate.
If the lands described in Exhibit "A" are under lease to another agency,
GRANTEE shall obtain the consent of such agency prior to engaging in any use
of the real property authorized herein.
4. ASSIGNMENT: This easement shall not be assigned in whole or in part
without the prior written consent of GRANTOR. Any assignment made either in
whole or in part without the prior written consent of GRANTOR shall be void
and without legal effect.
5. RIGHT OF INSPECTION: GRANTOR or its duly authorized agents,
representatives or employees shall have the right at any and all times to
inspect this easement and the works of GRANTEE in any matter pertaining to
this easement.
Page 2 of 9
Easement No. 31859
R03/19/08
6. NON-DISCRIMINATION: GRANTEE shall not discriminate against any
individual because of that individual's race, color, religion, sex, national
origin, age, handicaps, or marital status with respect to any activity
occurring within this easement or upon lands adjacent to and used as an
adjunct of this easement.
7. LIABILITY: Each party is responsible for all personal injury and
property damage attributable to the negligent acts or omissions of that party
and the officers, employees and agents thereof. Nothing herein shall be
construed as an indemnity or a waiver of sovereign immunity enjoyed by any
party hereto, as provided in Section 768.28, Florida Statutes, as amended from
time to time, or any other law providing limitations on claims.
8. COMPLIANCE WITH LAWS: GRANTEE agrees that this easement is contingent
upon and subject to GRANTEE obtaining all applicable permits and complying
with all applicable permits, regulations, ordinances, rules, and laws of the
State of Florida or the United States or of any political subdivision or
agency of either.
9. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this easement in no way
affects any of the parties' obligations pursuant to Chapter 267, Florida
Statutes. The collection of artifacts or the disturbance of archaeological
and historic sites on state-owned lands is prohibited unless prior
authorization has been obtained from the State of Florida Department of State,
Division of Historical Resources.
10. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the
lands underlying this easement is held by GRANTOR. GRANTEE shall not do or
permit anything to be done which purports to create a lien or encumbrance of
any nature against the real property of GRANTOR including, but not limited to,
mortgages or construction liens against the real property described in Exhibit
"A" or against any interest of GRANTOR therein.
11. PARTIAL INVALIDITY: If any term, covenant, condition or provision of
this easement shall be ruled by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remainder shall remain in full force and
effect and shall in no way be affected, impaired or invalidated.
12. SOVEREIGNTY SUBMERGED LANDS: This easement does not authorize the use
of any lands located waterward of the mean or ordinary high water line of any
lake, river, stream, creek, bay, estuary, or other water body or the waters or
the air space thereabove.
Page 3 of 9
Easement No. 31859
R03/19/08
13. ENTIRE UNDERSTANDING: This easement sets forth the entire understanding
between the parties and shall only be amended with the prior written approval
of GRANTOR.
14. TIME: Time is expressly declared to be of the essence of this easement.
15. RIGHT OF AUDIT: GRANTEE shall make available to GRANTOR all financial
and other records relating to this easement and GRANTOR shall have the right
to audit such records at any reasonable time during the term of this easement.
This right shall be continuous until this easement expires or is terminated.
This easement may be terminated by GRANTOR should GRANTEE fail to allow public
access to all documents, papers, letters or other materials made or received
in conjunction with this easement, pursuant to Chapter 119, Florida Statutes.
16. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume full
responsibility for and shall pay all liabilities that accrue to the easement
area or to the improvements thereon including any and all drainage and special
assessments or taxes of every kind and all mechanic's or materialman's liens
which may be hereafter lawfully assessed and levied against this easement.
17. AUTOMATIC REVERSION: This easement is subject to an automatic
termination and reversion to GRANTOR when, in the opinion of GRANTOR, this
easement is not used for the purposes outlined herein, and any costs or
expenses arising out of the implementation of this clause shall be borne
completely, wholly and entirely by GRANTEE, including attorneys' fees.
18. RECORDING OF EASEMENT: The GRANTEE, at its own expense, shall record
this fully executed easement in its entirety in the public records of the
county within which the easement site is located within fourteen days after
receipt, and shall provide to the GRANTOR within ten days following the
recordation a copy of the recorded easement in its entirety which contains the
O.R. Book and Pages at which the easement is recorded. Failure to comply with
this paragraph shall constitute grounds for immediate termination of this
easement agreement at the option of the GRANTOR.
19. GOVERNING LAW: This easement shall he governed by and interpreted
according to the laws of the State of Florida.
20. SECTION CAPTIONS: Articles, subsections and other captions contained in
this easement are for reference purposes only and are in no way intended to
describe, interpret, define or limit the scope, extent or intent of this
easement or any provisions thereof.
21. SPECIAL CONDITIONS: The following special conditions shall apply
to this easement:
Page 4 of 9
Easement No. 31859
R03/19/08
a. GRANTEE shall fence perimeter of retention pond with a 6' chain
link fence that will prohibit public access to the retention pond
area.
b. GRANTEE shall restore the retention pond to substantially the
same condition it was upon the effective date of this easement.
If GRANTEE fails to restore the retention pond at least 30 days
prior to the expiration or termination of this easement, GRANTEE
shall deposit $209,000 into an escrow account established by the
State of Florida Department of Environmental Protection on behalf
of GRANTOR with the Florida State Treasury Bureau of Collateral
Management. These escrow funds shall be used exclusively for the
restoration of the retention pond. In the event there is a
surplus in the escrow fund after completion of the restoration of
the retention pond, GRANTEE shall be entitled to a refund of the
unused portion of the escrow funds.
C. GRANTEE, its employees, agents and assigns shall comply with the
following:
1. Coordinate any staging area in the St. Sebastian
River Preserve State Park ("park") with the park
manager. Fuel shall be kept in a double walled
container with a catch basin, and refueling
operations shall be conducted within staging area
only.
2. Provide signage to prevent access into the easement
area and to the staging area within the easement
area.
3. Take all necessary safety measures as determined by
park manager to ensure the safety of park visitors
during all construction processes.
4. Meet with the park manager or his designee regarding
after hours permits for entering the park after park
operating hours.
5. Follow the park manager's instructions concerning
special park rules regarding protection of the
park's plants and animals, vehicular traffic and
park visitors.
6. Stop at the ranger station upon entering the park.
Page 5 of 9
Easement No. 31859
R03/19/08
7.
Work cooperatively with the park manager and park
biologists to resolve issues regarding safety,
access, or environmental concerns resulting from
this easement.
8.
Meet with the park manager or his designee during
the construction phase of this easement. The time
and frequency of such meetings shall be agreed to by
the park manager and GRANTEE'S representative prior
to commencement of construction.
9.
Establish a safe zone, as determined by the park
manager, around the area to be worked by heavy
equipment.
10.
The park manager shall have the ability to stop the
construction of this easement if the park manager in
his sole discretion, determines it is necessary to
ensure public safety, protection of natural and
cultural resources of the park or if park manager
determines that GRANTEE is not in compliance with
the terms and conditions of this easement.
Page 6 of 9
Easement No. 31859
R03/19/08
IN WITNESS WHEREOF, the parties have caused this easement to
be executed the day and year first above written.
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
By: AjL)jjLL_0. ro>�t_)l9-'�'L (SEAL)
GLORIA C. BARBER, OPERATIONS
AND MANAGEMENT CONSULTANT
MANAGER, BUREAU OF PUBLIC LAND
ADMINISTRATION, DIVISION OF
STATE LANDS, STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION
"GRANTOR"
The foregoing instrument was acknowledged before me this � day of
/1114.� , 20054 by Gloria C. Barber, Operations and Management
Consultant Manager, Bureau of Public Land Administration, Division of State
Lands, State of Florida Department of Environmental Protection, acting as
agent on behalf of the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida. She is personally known to me.
d
LL ,�•• int/Type Notary Name
0 08
t., commission Number:
Commission Expires:
Mfj
Page 7 of 9
Easement No. 31859
R03/19/08
L
Print/Type Name
Witness
Print/Type Name
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
INDIAN RIVER COUNTY, FLORIDA
By its BOARD OF COUNTY COMMISSIONERS
By:
ndra L. Bowden
Print/Type Name -'
u.
Title: Chairman
(OFFICIAL EIZA'j, BAI3�.+ra :.
..,.AqvCLERK CIRCWIfQUP
ATTEST:��„�v,,:'..� 1F]S9 LLFiCK
County Administrator and r4c.,Of i'
y:,
Clerk of the Board of C yn'P.�..K ', 41
Commissioners of Indian T{iV' ,
Florida
"GRANTEE”
The foregoing instrument was acknowledged before me this 16th day of
May 2008 , by Sandra L. Bowden as Chat.rman
and Athena Adams as �j,rty C er
respectively on behalf of the Board of County Commissioners of Indian River
County. They are personally known to me or have produced
as identification.
Notary Public, State of Flori
O1pY P&&c E.M. CASANO E. M. Casano
MY COMMISSION I DO 702283 Print/Type Notary Name
EXPIRES: August 6, 2011
�"�Eae no°° Balled iMu&�e�Ndvy Sorvkae
APPROVED AS TO FORM
AND L AL SUF tcff
BY `[/d//i//�D/�fJJ/
WILLIAM K. DEBRAAL
DEPUTY COUNTY ATTORNEY
Page 8 of 9
Easement No. 31859
R03/19/08
Commission Number: DD702283
Commission Expires: Must 61 2011
EXHIBIT "A"
LEGAL DESCRIPTION OF THE EASEMENT
Retention Area/Pond
Being a part of Section 21, Township 31 South, Range 38 East, Indian River
County, Florida, being more fully described as follows:
Beginning at the intersection of the north maintenance right-of-way line of
County Road 512 as shown on Plat Book 10 Page 37, Public Records of Indian
River County, Florida and the west line of the east half of the southwest
quarter of said Section 21; thence N00°25'44"E along said west line of the
east half of the southwest quarter of said Section 21, a distance of 499.36
feet; thence S89042'34"E, a distance of 279.46 feet; thence S44039'48"E, a
distance of 361.44 feet; thence S00°22'58"W, a distance of 101.53 feet; thence
S80°32'53:E, a distance of 754.85 feet to the intersection with the west
right-of-way line of 102i° Terrace according to the plat thereof as recorded
in Plat Book 12 Page 59, Public Records of Indian River County, Florida and
the point of curve of a non tangent curve to the right, of which the radius
point lies N89047'16"W, a radial distance of 25.00 feet; thence southwesterly
along the are of said curve and said west right-of-way line, through a central
angle of 90°10139", a distance of 39.35 feet to said north maintenance right-
of-way line of County Road 512; thence N89°36137"W along said north
maintenance right-of-way line of County Road 512, a distance of 706.86 feet;
thence N89019'26"W said north maintenance right-of-way line of County Road
512, a distance of 200.06 feet; thence continuing along said north maintenance
right-of-way line of County Road 512 N89°36'37"W, a distance of 349.14 feet to
the point of beginning.
BsFlot��� 7
y Date 8 20 0
Page 9 of 9
Easement No. 31859
R03/19/08