BEACH STORM DAMAGE REDUCTION EASEMENT

Transcription

1 STATE OF FLORIDA COUNTY OF WALTON WALTON COUNTY, FL HURRICANE & STORM DAMAGE REDUCTION PROJECT FILE/REACH#: PARCEL ID#: BEACH STORM DAMAGE REDUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the mutual benefits to be derived from the Walton County, FL Hurricane & Storm Damage Reduction Project (the Project ) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereinafter referred to as the GRANTOR, does hereby GRANT, BARGAIN, AND CONVEY unto THE WALTON COUNTY BOARD OF COMMISSIONERS, hereinafter referred to as the GRANTEE, and its assigns as set out below, an assignable easement and right-of-way in, on, over and across all that portion of land lying in the following described real property, lying and being in Walton County, Florida: See Exhibit "A" attached hereto" of which the easement and right-of-way lies seaward of the +15 foot elevation contour line referenced at North American Vertical Datum of 1988 (NAVD88) or seaward of existing habitable structures, whichever is more seaward at the initiation of project construction. The easement hereby granted by the GRANTOR, for use by the GRANTEE, will continue until such time as the United States Congress de-authorizes said Project. GRANTEE shall provide GRANTOR of written notice of such de-authorization within

2 60 days thereof and GRANTEE shall record in the official records of Walton County, at its expense, a notice of termination of this easement within 120 days thereof. The easement hereby granted by the GRANTOR, for use by Walton County, Florida, its representatives, agents, and contractors, together with its sole assign, the U.S. Army Corps of Engineers, Mobile District, and its representatives, agents and contractors, to construct; preserve; patrol; maintain; repair; rehabilitate; and replace erosion control and storm damage reduction measures together with any operations in support thereof, including the right to deposit sand; to accomplish any alterations of contours on said land; to construct berms and dunes; to nourish and re-nourish periodically; to move, store and remove equipment and supplies; to erect and remove temporary structures; and to perform any other work necessary and incident to the construction, periodic re-nourishment and maintenance of the Walton County, Florida Hurricane and Storm Damage Reduction Project, together with the continued right of public use and lateral access to the beach seaward of the erosion control line established for this project by the State of Florida prior to construction of this Project; to plant vegetation on said dunes and berms; to erect, maintain and remove silt screens and sand fences; to facilitate preservation of dunes and vegetation through the limitation of access to dune areas; to trim, cut, fell, and remove from said land all trees, underbrush, debris, obstructions, and any other vegetation, structures and obstacles within the limits of the easement; reserving, however, to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns, the right to construct dune walkover structures in accordance with any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the integrity of the dune in shape, dimension or function, and that prior 2

3 approval of the plans and specifications for such structures is obtained from Walton County, Florida and provided further that such structures are subordinate to the construction, maintenance, repair, rehabilitation and replacement of the project and operations in support thereof; and further reserving to the grantor(s), (his) (her) (its) (their) (theirs), successors and assigns all such rights and privileges as may be used and enjoyed without interfering with or abridging the rights and easements hereby acquired for the use of the project for the purpose authorized by Congress; subject however to existing easements for public roads and highways, public utilities, railroads and pipelines. Grantee's Agreement: Grantee agrees to construct and maintain the Project as authorized in the Water Resources Reform and Development Act (2014) for the duration of the project s Congressional authorization. Grantee agrees that it shall at Grantee's cost, repair any damage caused to the Easement Property or Grantor's other adjacent property as a result of Grantee's negligence. In the event any damage is caused or believed to be caused by Grantee to Grantor's property, Grantor agrees, within sixty (60) days of becoming aware of any such damage, to notify Grantee in writing at 76 North 6 th Street, DeFuniak Springs, FL, 32433, Attn: Board of County Commissioners, by certified mail, return receipt requested. Grantee agrees to conduct assessment of all properties before any construction on the project commences and shall make that information available upon request. Furthermore, Grantee agrees to not disturb any existing major erosion control devices on subject property, such as seawalls, bulkhead, or geo-tube systems. 3

4 Grantor's Agreement: Grantor agrees not to do or commit any acts which would interfere with the rights granted to Grantee under this Easement. This shall include, but without limitation, any of the following: removing any of the sand or native vegetation currently present or planted by Grantee pursuant to the terms hereof; placing any other fill material or substance in or adjacent to the Easement Property which may have the effect of damaging the structure or appearance of the beach, dune, vegetation or coastline, unless properly permitted by the appropriate governmental agencies with permitting jurisdiction over such activities. Covenants Run With the Land: The covenants, rights, restrictions, reservations and easement herein set forth are and shall run with the land. In witness whereof, the said Grantor, has hereunto set its hand and seal this the day of, GRANTOR: Signed, Sealed, and Delivered in the presence of the following witnesses: By: Its: Signature: Print name: Signature: Print name: 4

5 STATE OF FLORIDA COUNTY OF WALTON ACKNOWLEDGMENT The foregoing instrument was acknowledged before me this day of, 2014, by. S* E* A* L Signature: Notary Public Print Name: Grantor Address: Grantee Address: This instrument was prepared by, but not executed before: 5