Loading...
Resolution No. 23-51RESOLUTION NO. 23-51 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING AND ACCEPTING THE TEMPORARY CONSTRUCTION EASEMENT AGREEMENT FROM REGENCY CENTERS CORPORATION FOR TEMPORARY NON-EXCLUSIVE EASEMENT FOR CONSTRUCTION AND RELATED PURPOSES, SUBJECT TO THE RESPECTIVE TERMS IN THE EASEMENT AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City will be constructing improvements in the Hopkins Creek Drainage ditch as part of the Aquatic Gardens drainage improvement project; and WHEREAS, as part of these improvements, expanded easement areas are needed on the Atlantic Village shopping center property owned by Regency Centers Corporation; and WHEREAS, the City requested and Regency Centers Corporation 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 as follows: SECTION 1. The City Commission hereby approves and accepts the Temporary Construction Easement Agreement with Regency Centers Corporation as set forth in Exhibit A, attached hereto and made a part hereof. SECTION 2. The City Commission hereby authorizes the City Manager to execute contracts and purchase orders in accordance with and as necessary to effectuate the provisions of this resolution. SECTION 3. The Mayor is hereby authorized to execute the attached Regency Centers Corporation Easement, Exhibit A, 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 Commission of the City of Atlantic Beach, this 13"' day of November, 2023. r, Ad � X Curtis Ford, ldayd Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Jason ity Attorney Prepared by and Return to: Steve Swann, City Engineer City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 IWO :ll_c31W_1 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT _I -jam This Temporary Construction Easement Agreement (the "Agreement") is made and entered into day of Ochs eJ 20W(the "Effective Date") by and between REGENCY CENTERS CORPORATION ("Grantor"), whose mailing address is 1 Independent Drive, Suite 114, Jacksonville, FL 32202-5019 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 drainage improvements in the easement area shown on attached Exhibit "B" (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 installation of a new box culvert at Aquatic Drive, hydraulic enhancements in the drainage ditch and installation of a sheet pile wall. 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 "C" attached hereto (the "Easement"), for the purpose of conducting staging of construction equipment and construction activities on the Property to allow for installation of a new box culvert at Aquatic Drive, hydraulic enhancements in the drainage ditch and installation of a sheet pile wall 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. Access to the Grantor's Property from Aquatic Drive will be blocked for no more than one four week period during construction of the new box culvert without Grantor's written consent. Access along 016393661 the northwest corner of Grantor's Property will be attempted to be maintained by Grantor at all times. Should access be temporarily restricted, Grantor shall attempt minimize any disruptions of delivery vehicles requiring access to Grantor's tenants. 4. Term. The Temporary Construction Easement shall be for a term of eighteen (18) months from the commencement of construction. Grantee shall provide written notice to Grantor of said 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 or effect between the parties. IN WITNESS WHEREOF, Grantor and Grantee have caused this Agreement to be executed asof the day and year first above written. Signed, sealed and delivered in the presence of.• STATE OF FLORIDA COUNTY OF DUVAL GRANTOR: Regency Centers Corporation, a Florida Profit Corporation Patrick McK—inley Se Mor Vice President a -Y O k WENDI BASS HILL /: �11� Notary Commission •State 2 Florida CommisslonMHH32S448 •,W r,,,• My Comm. Expires Nov 20, 2026 Bonded through National Notary assn. The foregoing instrument was acknowledged before me by mea s of Stphysi al presence or ❑ online notarization, this day of�2023, by l IlsC�k % < <� 1��i , as 11 orm46�aLdm of Corey Properties, LLC, who is personally known to me or who has prc ed N Page 2 of 6 01639366-2 as identification. xl" N RY PUBLIC, State of Florida My Commission expires: Signed, sealed and delivered GRANTEE: in the presence of.• CITY OF ATLANTIC BEACH, FLORIDA Print name: Print name: STATE OF FLORIDA COUNTY OF DUVAL By: Printed Name: Its: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of 2023, 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 6 07839388-2 A MAP SHOWING 'AS BUILT" SURVEY OF T � 'sw .r.�.ms r. ..a •_••.. .mr or exav+uc 53: '�rS.:?C.?C� :TTS•:— � :!L'SL ' HH li ;�[�/ � _ \ � .^' ;ij+ •� ..(� � .;,�,t: ..1j'Y — aur �''t \ Y_—a' y JS'' %" � ♦ - � .vim. '.� ..� �S7 eruNrrm sovuvae� / � 1 / �srre nsi m. -•- _4LT.4/.4CS.V 'AS BUILT" SURVE3" =t- AMMOAMMON C MAP SHOWING SKETCH & DESCRIPTION OF AQUATIC DRIVE DRAINAGE EASEMENT S7'07'3 7"07'3 "E Ares. 1.03ACRESgg.19' CB:S56` 36' 42"W POINT OF BEGINNING 1 NORTHWESTCORNER 29. 92 OR B 8130 PG. 2297 GRAPHIC SCALE N: 2178971.74 E: 526061,36 + 0 100 150 200 l BFAONES AOLNTX PDOL 59.0701'W PIDI17TdpNW 66. ' 72 PERPETUAL EASEMENT/PE161: s i J AB1526.72' 262 48' S7 J Tygp 52 2B E S85` 28'57'E S7" 10'04"E 37 52' 8.28' GIYOFATIAMX VIII I 'jr— POP 17/562-000O 40 ^ 4xd Pl36ee PE 91 S7'07'3 7"07'3 "E Ares. 1.03ACRESgg.19' CB:S56` 36' 42"W 45,011 UARE FEET S83' 08' 12-W CD: 83.84 1 41.69' 29. 92 L=85.07, 6=45.00 EOLONONEATtANTIC 40.W A=82°51'07" VILLAGE CB:S41" 42'38'W PAW I77QON20F0 59.0701'W CD: 59.55 OR, 6Ne1wPI 66. ' 72 PERPETUAL EASEMENT/PE161: L51, R-170.010 AB1526.72' m b 65' N 57' E, ALONG TME MORTAR I OF BAD PARCEL. 27,52FEET: THENCE $07' 10 04• E. 078 FtET; C4S8`:418'27W m THEME W'0/'Jl•f TS Tl FEET; THE TMENCEJ W'Sf 3F'l.A9T 7EET; TIIENCE,bOE'Ol'DI'W. SF 12 iEEl POINT TO A POINT ON A NWFTANOENT CURVE, CONCAVE EASTERLY AND NWMO A RADIUS OF 17ODO FEET; CD6: 4.67 40 E 40 ppA1NA6e 7 � U0561N7 t'L=86,83. R=95 00 PE 91 (PEA ON A=52`22'07" Ares. 1.03ACRESgg.19' CB:S56` 36' 42"W 45,011 UARE FEET S83' 08' 12-W CD: 83.84 1 41.69' S78' 26' OOVW L=85.07, 6=45.00 EOLONONEATtANTIC 40.W A=82°51'07" VILLAGE CB:S41" 42'38'W PAW I77QON20F0 1 CD: 59.55 OR, 6Ne1wPI PERPETUAL EASEMENT/PE161: 1 FROM THE POWT OF BEGINNING ALDO BENZO THE NORTHWEST CORNER OF A PARCEL BEING RECORDED IN OFlICULL RECOIIDS fIOOK bI TO PAGE Ri CE TAE FUSUC RECORDS OF (AUNTY. FLORIDA. THENCE N m b 65' N 57' E, ALONG TME MORTAR I OF BAD PARCEL. 27,52FEET: THENCE $07' 10 04• E. 078 FtET; rp Wn 1 m THEME W'0/'Jl•f TS Tl FEET; THE TMENCEJ W'Sf 3F'l.A9T 7EET; TIIENCE,bOE'Ol'DI'W. SF 12 iEEl POINT TO A POINT ON A NWFTANOENT CURVE, CONCAVE EASTERLY AND NWMO A RADIUS OF 17ODO FEET; `J THERE SOUTHERLY, ALONG THE ARC OF SND CURVE TINOUGN A CE147RAL ANGLE OF IS 24`10', AN ARC G Y p DISTANCE Dib.NFEET, 11ADCURVE SING SUBTENOFD MA CEIORO BEARING ANO GSTANCE OFJW TN M18'2T'WEST, 4567 FEET TO A PON A REVERSE CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 9600 FEET; THENCE CONTINUING SWTHEALY, ALONG THE ARC OF SNO CVRVE THROUGH A CEIITRAL ANGLE OF 52'22'07', M NIC DISTANCE OF M.0.7 FEET TO THE END OF CURVE, SND CURVE BEING SU87FMEO RYA CHORD SEARING AND DISTANCE OF SOUTH 5'34/2' WEST. 8384 FEET; THENCE, J Sl' 04` 12' W 45.19 FEET TO A POINT ON A CURVE. CONCAVE WESTERLY AND HAVING A RADIUS OF 46.00 FEET, w Z J y THENCE CON7IN UING ALONG THE MC OF SADCURVE THROUGH A CENTRAL ANGLE OF 62610T', AN ARC DISTANCE OF 6507 FEET TO THE ENO OF CURVE, SAID CURVE SENO SVBTENOED BY A CHORD AIMING �4 MD DISTANCE OF SOUTH 4t 4218' WEST, 55S FEET, THENCE J 0' 16 ]S' W, 25.70 FEET, THENCE 311- 34`' OB' E 41 N FEET: THENCE S 70. 2E DV W, 4DDO FELT TC A POUIT ON THE EASTERLY LINE OF RDNT OF AAY GEOyr TICS COR}T� OF AQUATIC ORAE NSG RGHT OF ANY); THENCE N It' > ' CV W AOHO SND RIGHT OF WAY LME, 342 m PROJECT NO: 19.2945 PEI FEET TO INE NORTH UHE OF THOSE LANDS DESCRISED IN OFFICIALRECORDS BOOK 6130. PAGE 2297: . THENCE DEPARTING SAID RIGHT OF WNY Mar S2 :M' E 282 b FEE 7, THENCE N 14' GT 2V EAST. 102 51 FEET SURVEY DATE: 1 010 512 02 1 TO THE POINT OF SROINNMG. CONTAINS 46.0116OUARE FEET. MORE OR LEBS 40 $0MAESTCORNER O.R, euterxNPcvBT 511°31'05"E OENERALIIOTES 41.69' S78' 26' OOVW t 1 TNl1BROtASOUNOWAY NIRVE'I 40.W VI 2 THE BEMINOS AND COORDINATE SYSTEM UYLII HEREON IS RELATIVE TO WAGNOVIA BAMYN THE FLORIDA STATE PLANE COORDINATE SYSIEM NORTH ZONE. NORTH 1 Pfd /T76d2yT100 AMERIGNI DATUM OF TRST, 2011 ADJUSTMENT, AS DORNED SY REALTWE ' "'e2 00 PG 1Ae6 NNEMATIC GE BAL PONTIONINO SYSTEM fit K OPS1 SUMEY METHODS USING 1 THE FANO FLORIDA DEPARIMENT OF TRANSPORTATION'S FLORIDA 11 FERMAN NT RIFRAGICE NETWORK fFP11Nl. THE CORRECTED POSRq/15 COMPUTED EY THESE NETWDIEN9 WERE VERIFIED TIMOUGA A REOUNMI:CY OF MEASURE MEN140I4N11MMYCOIITROLALONGWMCON3ISTENTHORIEO TAL 1 CH ECH$ TO SECONDARYCONTROL. All DISTANCE$ SHOAH HI MEIN U.S. SURVEY FEET. WAY �HIGHI DF WAY ATLANTIC B LVD Terry DurdeD, Florida PSM /5261 NGtV6Nd WAhm The 0I0W SiBn$MNE Of A Florida Ucem6d Surv6YW 6 Mapper REVISION 1-0211B7W2 - REVISEO EASIAENT b DESCRIPTION PER CLEATS REQUEST - TD'CM GEOyr TICS COR}T� PROJECT NO: 19.2945 PEI . SURVEY DATE: 1 010 512 02 1 SURVEYING—MAPPING—GPS CHECKED BY: R.FLINT 2804 N. nM BTRBBT UNIT 101 DRAWN BY: C MUNDIS S4` AUGUSPQIE, FL 3554 pan )BO4) 894-0050 FU (904) 111 FIELDWORK: WA A , FB: NIA PG.: N/A 4mA INS __ PAGE 1 OF 1 04629,"&,, 2 Page 5 of 6 SHEET PILE INSTALLATION AREA EXHIBIT "C" MATERIAL & EQUIPMENT SSI TORAGE AREA ' ' BOX CULVERT, 4 REPLACEMENT AREA Atlantic, InforBt,armation ationFlorida Atlantic Village Ceograpl»ca] Information System v�n� wM.oro•n_� i Temporary Construction Easement Area 01639366-2 Page 6 of 6