Resolution No. 22-64RESOLUTION NO. 22-64
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING AND ACCEPTING
THE TEMPORARY CONSTRUCTION EASEMENT AGREEMENT FROM COREY PROPERTIES,
LLC, AND THE TEMPORARY CONSTRUCTION EASEMENT FROM PLUTUS PROPERTIES, LLC,
FOR TEMPORARY NON-EXCLUSIVE EASEMENTS FOR CONSTRUCTION AND RELATED
PURPOSES, SUBJECT TO THE RESPECTIVE TERMS IN EACH EASEMENT AGREEMENT;
AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT AGREEMENTS.
WHEREAS, the City is currently extending a water main system across Mayport Road to improve
water system reliability and pressure; and
WHEREAS, as part of these improvements, expanded easement areas in the Mayport Road area
are necessary; and
WHEREAS, the City requested and Corey Properties, LLC has agreed to grant to the City a
temporary non-exclusive easement for staging of construction equipment and construction activities
and related purposes, subject to the terms therein.
WHEREAS, the City requested and Plutus Properties, LLC has agreed to grant to the City a
temporary non-exclusive easement for staging of construction equipment and construction activities
and related purposes, subject to the terms therein.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach, Florida, as
follows:
SECTION 1. The City Commission hereby approves and accepts the Temporary Construction
Easement Agreement with Corey Properties, LLC (the "Corey Easement") as set forth in Exhibit A,
attached hereto and made a part hereof.
SECTION 2. The City Commission hereby approves and accepts the Temporary Construction
Easement Agreement with Plutus Properties, LLC (the "Plutus Easement") as set forth in Exhibit B,
attached hereto and made a part hereof.
SECTION 3. The Mayor is hereby authorized to execute the attached Corey Easement and Plutus
Easement, Exhibits A and B, and such other documents as may be necessary to effectuate the purpose
of this Resolution.
SECTION 4.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach, this L day of ST/
1
022.
act/13-c--- --
Ellen Glasser, Mayor
Attest:/
14 Q6
Donna L. Bartle, City Clerk
Approved as to form and correctness:
APL,A Al .6 /„
Bre• -. M. Durde , ' y Attorney
01818448-1
Exhibit A
Prepared by and Return to:
Steve Swann,City Engineer
City of Atlantic Beach
800 Seminole Road
Atlantic Beach,FL 32233
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This Temporary Construction Easement Agreement (the "Agreement") is made and entered into
2.day of f t S "2022, (the latter of the dates signed by the parties to be the "Effective Date") by and
between CORY PROPERTIES, LLC ("Grantor"), whose mailing address is 2126 Mayport Road, Atlantic
Beach, Florida 32233 and the CITY OF ATLANTIC BEACH ("Grantee"), whose mailing address is 800
Seminole Road, Atlantic Beach, Florida 32233, with reference to the following recitals of fact:
A. Grantor is the owner of that certain property described in the attached Exhibit "A"
hereafter"Property").
B. Grantee is undertaking the construction of a watermain extension across Mayport Road
to improve water system reliability and pressure (the "Improvements").
C. Grantee has requested that Grantor provide a Temporary Construction Easement to
Grantee over the Property for the purpose of conducting staging of construction equipment and
construction activities necessary for the horizontal directional boring of the watermain extension.
D. Grantor and Grantee are entering into this Agreement to temporarily permit construction
activities by Grantee within the Property and to establish the terms and conditions thereof.
NOW, THEREFORE, for and in consideration of the terms and conditions set forth in this
Agreement,Grantor and Grantee agree as follows:
1.Recitals. The Recitals set forth above are true and correct and shall form a part of this
Agreement.
2. Grant of Easement. Grantor hereby grants and conveys unto Grantee a temporary
construction easement to enter upon that portion of Grantor's Property as shown on Exhibit"A" attached
hereto (the "Easement"), for the purpose of conducting staging of construction equipment and
construction activities on the Property to allow for the horizontal directional boring associated with the
Improvements.
3. Costs and Condition of Easement. All costs associated with the use within the Easement
area shall be borne by Grantee. Grantee shall not damage Grantor's Property or improvements except as
may be reasonably necessary to use the Easement for its intended purpose. The Property shall be
re-sodded, and any unreasonable damage to the Property shall be repaired by Grantee at Grantee's sole
expense.
4. Term. The Temporary Construction Easement shall be for a term of fourteen (14) days
from the commencement of construction within the Easement area. Grantee shall provide written notice
to Grantor of said desired commencement date and Grantee shall use its best efforts to work with Grantor
0180766 7
to identify a commencement date acceptable to Grantor and Grantee. In no event shall the term exceed
one year from the Effective Date unless the parties agree in writing to extend the term. Furthermore,
unless the parties agree in writing to extend the term, this Agreement shall be null and void and of no
further force or effect if the Grantor has not started construction within the Easement area within one
year from the Effective Date.
5. Warranty of Title.Grantor hereby covenants and warrants that it is lawfully seized of the
Property where the Easement is located, that it has right and lawful authority to grant and convey the
Easement to Grantee, and that it will defend the Easement against the lawful claims of all persons
whomsoever.
6. Florida Law; Severability; Attorneys' Fees. This Agreement shall be construed and
enforced pursuant to Florida Law. If any provision of this Agreement is determined to be invalid or
unenforceable,such provision shall be severed from the remaining provisions of this Agreement and the
remaining provisions shall continue to be valid and enforceable.In the event of any litigation between the
parties arising out of this Agreement, the prevailing party in such litigation shall be entitled to its
attorneys'fees and costs,whether at trial or appellate levels.
7. Entire Agreement. This Agreement sets forth the entire understanding of the parties
regarding the subject matter hereof. Any prior agreements, representations, understandings, and oral
statements regarding the subject matter of this Agreement are merged herein and shall be of no further
force or effect between the parties.
IN WITNESS WHEREOF,Grantor and Grantee have cause this Agreement to be executed as of the
day and year first above written.
Signed, scaled and delivered GRANTOR:
n the presence of
COREY PROPERTIES, LLC,a Florida Ilnnted
liability company
By _
Pon;i rr L1 R C. Ryan Corey
Its Managing Member
A
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrum t was acknowled jed before me by means of D physical presence or 0 online
notarization,thise.`1 day of WI ,2022,by KyR}i as 4! R01t
of Corey Properties,LIC,who is rsonally known to me or whe has produced C '
as identification.
w
010RMtTZ NOT '{ PUBLIC,S to 0 oni!,1
Commission/F31MO43 •
My ommission expires.
Pd- EON Jure 23,2020
Page 2 of 4
0•!.c i64.4 7
Signed, sealed and delivered GRANTEE:
in the presence of:
CITY OF ATLANTIC BEACH, FLORIDA
fiy
Print name:
Printed Name:
Print name: Its:
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me by means of O physical presence or El online
notarization, this day of 2022, by as of City
of Atlantic Beach, Florida, ,who is personally known to me or who has produced
as identification.
NOTARY PUBLIC, State of Florida
My Commission expires:
Page 3 of 4
01801664.2
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20'x40' TEMPORARY CONSTRUCTION
EASEMENT FOR DIRECTIONAL
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DIRECTIONAL DRILL OPTION 1
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Exhibit B
DRAFT 4/25/2022
preparedpv and Return tq:
Steve Swann,PE,City Engineer
City of Atlantic Beach
800 Seminole Road
Atlantic Beach,FL 32233
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This Temporary Construction Easement Agreement(the"Agreement")is made and entered into
day of 2022, (the"Effective Date") by and between PLUTUS PROPERTIES, LLC("Grantor"),
whose mailing ddress is 12764 Tree Ranch Road,Ojai,California 93023 and the CITY OF ATLANTIC BEACH
Grantee"),whose mailing address is 800 Seminole Road,Atlantic Beach, Florida 32233,with reference
to the following recitals of fact:
A. Grantor is the owner of that certain property described in the attached Exhibit "A"
hereafter"Property").
B, Grantee 1s undertaking the construction of a watermain extension across Mayport Road
to improve water system reliability and pressure(the"Improvements").
C. Grantee has requested that Grantor provide a Temporary Construction Easement to
Grantee over the Property for the purpose of conducting staging of construction equipment and
construction activities necessary for the horizontal directional boring of the watermain extension.
D. Grantor and Grantee are entering into this Agreement to temporarily permit construction
activities by Grantee within the Property and to establish the terms and conditions thereof.
0.
NOW, THEREFORE, for and in consideration of the terms and conditions set forth in this
Agreement,Grantor and Grantee agree as follows;
1. Recitals.The Recitals set forth above are true and correct and shall form a part of this
Agreement.
2. Grant of Easement. Grantor hereby grants and conveys unto Grantee a temporary
construction easement to enter upon that portion of Grantor's Property as shown on Exhibit"A"attached
hereto (the "Easement"), for the purpose of conducting staging of construction equipment and
construction activities on the Property to allow for the horizontal directional boring associated with the
Improvements.
3. Costs and Condition of Easement,All costs associated with the use within the Easement
area shall be borne by Grantee.Grantee shall not damage Grantor's Property or Improvements except as
may be reasonably necessary to use the Easement for Its Intended purpose. The Property shall be.
re-sodded,and any unreasonable damage to the Property shall be repaired by Grantee at Grantee's sole
expense.
4. Term.The Temporary Construction Easement shall be for a term of sixty(60) days from
the commencement of construction. Grantee shall provide written notice to Grantor of said
01639366-2
DRAFT 4/25/2022
commencement date. In no event shall the term exceed one year from the Effective Date unless the
parties agree in writing to extend the term.
5. Warranty of Title.Grantor hereby covenants and warrants that it Is lawfully seized of the
land where the Easement is located, that it has right and lawful authority to grant and convey the
Easement to Grantee, and that it will defend the Easement against the lawful claims of all persons
whomsoever.
6. Florida Law; Severability: Attorneys' Fees. This Agreement shall be construed and .
enforced pursuant to Florida Law. if any provision of this Agreement is determined to be invalid or
unenforceable,such provision shall be severed from the remaining provisions of this Agreement and the .
remaining provisions shall continue to be valid and enforceable.In the event of any litigation between the
parties arising out of this Agreement, the .prevailing party in such litigation shall be entitled to its
attorneys'fees and costs,whether at trial or appellate levels.
7. ' Entire Agreement. This Agreement sets forth the entire understanding of the parties
regarding the subject matter hereof. Any prior agreements, representations, understandings, and oral
statements regarding the subject matter of this Agreement are merged herein and shall be of no further
force oreffect between the parties.
IN WITNESS WHEREOF,Grantor and Grantee halie caused this Agreement to be executed as of the
day and year first above written.
Signed,sealed and delivered GRANTOR:
in the presence of:
PLUTUS PRO RTIES,LLC,a Florida limited
liability.co• • y
C By;
Print name: at.--,,....:44-. • Coif-4,7r) Art Jarvis
its Authorized Member
it
rint name: 3-Y A '7 T', . 0:
STATE OF
COUNTY OF. .
The foregoing instrument was acknowledged before me by means Of 0 physical presence or 0 online
notarization,this day of ' ,2022,by as
of Plutus Properties,LLC,who Is personally known to me or who has produced . •
as Identification.
3e -• cerrAn-nc-r - a42tAcccs-h 7 if,.,_
NOTARY PUBLIC,State of Cot li. r-•-
My Commission expires: j4 o..4j to -, VAZ5
Page 2 of 4
0183838x•2
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§1189
1,-;•:.•i,.T...i•.D.S...-NZ ,OZ..:.`Sc •,.. 1 G•I.: ..t'rSi<.;.ry.;,;:.<S: :5•:._ ......•a . . .•-.1,:S,!•:rq:,,Sr.it:'G3•'•'+:r:.`SN:,• .,!....
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate Is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Veit-tww--- 1
On OAoN 9 , 7022 before me,- QArell-e-C,._ armor ociictt7 pNh fit.--Date Here Insert Name and Title of the Officer
personally appeared - ii-ek etwr T, ,.)01tf 1/4-lt S
Name(s)of Slgner(s)
who proved to me on the basis of satisfactory evidence to be the person(a)whose name(s)is/$re subscribed
to the within instrument and acknowledged to me that he/sjre/th?y executed the same In his/1)00061r
authorized capaclty(IO),and that by his/War/Weir signature(s)on the Instrument the person(a),or the entity
upon behalf of which the person(%)acted,executed the Instrument.
I certify under PENALTY OF PERJURY under the1?-1-44, CARMEN CORNEJO laws of the State of California that the foregoingi' Notary PubHt•
County
rola
g s;Y'.i. vantun County I paragraph is true and correct.
F ' Cimmisslon b 2345477 —
My Comm.Expires Feb 6,2025 WITNESS my hand and official seal,
Signature ee-d--1-1.-.-
Place Notary Seal and/or Stamp Above Signature of Notary P rc
OPTIONAL
Completing this Information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: 7171,40 ,i/cm W OrAtM-YOats-YL4(,*4., vka1.7f-
Document Date: . M a'-t g, 24 xe Number of Pages:
Signer(s) Other Than Named Above: /10 C-11-14_ S rg+-r,G--
Cepacity(Ies)Claimed by Signer(s)
Signer's Name:acv T, jouyL5-ftV Signer's Name:
Corporate Officer-Tltle(s): Corporate Officer-Title(s):
Partner- Limited General El Partner- 0 Limited General
qr Individual 0 Attorney In Fact Individual Attorney in FactTrusteenGuardianorConservator0TrusteeGuardianorConservator
Other: 0 Other:
Signer Is Representing: Signer Is Representing:
2019 National Notary Association
DRAFT 4/25/2022
Signed,sealed and delivered GRANTEE:
in the presence of:
CITY OF ATLANTIC BEACH,FLORIDA
By:
Print name:
Printed Name:
Print name: Its:
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online
notarization,this day of ,2022,by as of City
of Atlantic Beach, Florida,,who Is personally known to me or who has produced
as Identification.
NOTARY PUBLIC,State of Florida
My Commission expires:
Page 3 of 4
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