Resolution No. 24-04RESOLUTION NO. 24-04
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING AND
ACCEPTING THE TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
FROM ST. JOHN THE BAPTIST PARISH 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 a new potable water well at Water Treatment Plant No. 3; and
WHEREAS, as part of this project, additional offsite area for staging construction equipment and
materials is needed on adjacent property owned by St. John the Baptist Parish; and
WHEREAS, the City requested and St. John the Baptist Parish 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 St. John the Baptist Parish as set forth in Attachment 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 St. John the Baptist Parish easement,
Exhibit A, and such other documents as may be necessary to effectuate the purpose of this Resolution.
SECTION 3. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Commission of t 'ty of Atlantic Beach, this 22nd day of
January, 2024.
Cu or , yor
Attest:
40_ni11.tL
Donna L. Bartle, City Clerk
Approved as to form and correctness:
J_�
Jason n ity Attorney
Attachment A
Prepared by and Return to:
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 ST. JOHN THE BAPTIST PARISH
("Grantor"), whose mailing address is 2400 Mayport Rd, Jacksonville FL, 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 new potable water supply well at the
adjacent Water Treatment Plant No. 3 (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 construction of the potable water well.
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 one hundred and
eighty (180) days from the commencement of construction. Grantee shall provide written notice to
01639366-2
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 as of the
day and year first above written.
Signed, sealed and delivered GRANTOR:
in the,gresence of
ST. JOHN THE BAPTIST PARISH
By: C -
Print a e:�,i��/ kplic 'S Printed Name: i� a� U-3101
Its: pe sivr
Tint name: /&.6 /
STATE OF FLORIDA
COUNTY OF DUVAL
yThe foregoing instrument was ac nowledged befor me by means of E5hpresence or online
notarization, this � day of� , 202 , by R jS:LXC1 �V \ktA as sic I El)r
-sf-Eefey Rcepe4ies7 itf; lssppersonally now a or who has produced
as identification.
0 <:T�+-
Al
NO ARY PUBLIC, State of Florida
Commission expires.
EtN�l
JAMIE D. SMITH
MY COMMISSION # HH 290615
Page 2 of 4 EXPIRES: Septembw 5,2026
ai63ssss 2
Signed, sealed and delivered GRANTEE:
in the presence of
Print name:
Print name:
STATE OF FLORIDA
COUNTY OF DUVAL
CITY OF ATLANTIC BEACH, FLORIDA
By:
Printed Name:
Its:
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ 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.
Page 3 of 4
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NOTARY PUBLIC, State of Florida
My Commission expires:
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