HomeMy WebLinkAbout17-131Florida, that:
RESOLUTION 2017-131
A RESOLUTION ACCEPTING A
CONSERVATION EASEMENT AND PRESERVE AREA
MONITORING AND MANAGEMENT PLAN (PAMMP)
ON BEHALF OF ST. LUCIE COUNTY, FLORIDA
BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
The foregoing Conservation Easement and Preserve Area Monitoring and
Management Plan (PAMMP) from Noble Oaks Estates are duly accepted on behalf of St. Lucie
County this 20th day of June, 2017.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
APPROVED AS TO FORM AND
CORRECTNESS:
BY
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4328462 07/11/2017 03:16:28 PM
OR BOOK 4017 PAGE 2872 - 2891 Doc Type: DEED
RECORDING: $171.50
Return recorded document to:
SAINT LUCIE COUNTY DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given
this 30th day of March, 2017, by Aurelio and Maria Pereira ("Grantor") whose mailing address is
456 NW Ravenswood Lane, Port Saint Lucie, FL 34983 to St. Lucie County, a political subdivision
of the State of Florida ("Grantee") having an address of 2300 Virginia Avenue, Fort Pierce, FL
34982. As used herein, the term "Grantor" shall include any and all heirs, successors or assigns of
the Grantor, and all subsequent owners of the "Conservation Area" (as hereinafter defined) and the
term "Grantee" shall include any successor or assignee of Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of certain lands situated in St. Lucie County, Florida,
and more specifically described in Exhibit "A" attached hereto and incorporated herein by this
reference ("Property"); and
WHEREAS, the Grantor is proposing the development of a Noble Oaks Estates ("Project")
on the Property, which is subject to the regulatory jurisdiction of the St. Lucie County Board of
County Commissioners ("County"); and
WHEREAS, the Property will be further subject to the Declaration of Covenants,
Conditions and Restrictions of Noble Oaks Estates Home Owners Association, Inc. to be recorded
in the Official Public Records of St. Lucie County, Florida ("Declaration"); and
WHEREAS, the County approved the Major Site Plan for the Project pursuant to Resolution
No 2016-159 ("Resolution"); and
WHEREAS, the Resolution requires that Noble Oaks Estates Home Owners Association,
Inc. ("Association") maintain, in perpetuity, that portion of the Property designated as preserve area
("Conservation Area") as more particularly described in Exhibit `B" attached hereto and
incorporated herein by this reference; and
WHEREAS, the Declaration provides that the maintenance of the Conservation Area is the
perpetual obligation of the Association; and
WHEREAS, the Resolution further requires that the Conservation Area be maintained in
accordance with that certain Preserve Area Management and Monitoring Plan ("Management
Plan"), recorded separately at OR Book 9322, Page 2387; and
WHEREAS, the Grantor is agreeable to granting and securing to the Grantee a perpetual
Conservation Easement as defined in Section 704.06, Florida Statutes, over the Conservation
Area.
NOW, THEREFORE, Grantor hereby grants, creates, and establishes a perpetual
Conservation Easement for and in favor of the Grantee upon the Conservation Area which shall
run with the land and be binding upon the Grantor, and shall remain in full force and effect
forever.
WPB 381,741,367v71211212007
The scope, nature, and character of this Conservation Easement shall be as follows:
1. Recitals. The recitals hereinabove set forth are true and correct and are hereby
incorporated into and made a part of this Conservation Easement.
2. purpose. It is the purpose of this Conservation Easement to retain land or water
areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and
to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland
areas included in this Conservation Easement shall be maintained in the conditions required by
the Management Plan.
To carry out this purpose, the following rights are conveyed to Grantee by this easement:
a. To enter upon the Conservation Area at reasonable times with any
necessary equipment or vehicles to enforce the rights herein granted in a manner that will not
unreasonably interfere with the use and quiet enjoyment of the Property by Grantor and/or the
future residents of the Property at the time of such entry; and
b. To enjoin any activity on or use of the Conservation Area that is
inconsistent with this Conservation Easement and to enforce the restoration of such areas or
features of the Conservation Area that may be damaged by any inconsistent activity or use; and
C. To enter upon the property of the Grantor to connect the Conservation
Area to a bona fide system of trails, greenways or other non -vehicular system.
3. Prohibited Uses. Except for exotic vegetation removal, replanting with
appropriate native vegetation, vine control, removal of trash and debris or other maintenance and
monitoring activities described herein that are permitted or required by the Resolution or the
Management Plan, the following activities are prohibited in or on the Conservation Area:
a. Construction or placing of buildings, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or
dumping or placing of trash, waste, or unsightly or offensive materials;
C. Removal or destruction of trees, shrubs, or other vegetation, except for the
removal of exotic or nuisance vegetation in accordance with the Management Plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other
material substance in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to
remain in its natural or enhanced condition;
f. Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation including, but not
limited to, ditching, diking and fencing.
WPB 381,741,367x712/12/2007 7
4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Property,
including the right to engage in uses of the Conservation Area that are not prohibited herein and
which are not inconsistent with any County rule, criteria, permit and the intent and purposes of
this Conservation Easement.
5. No Dedication. No right of access by the general public to any portion of the
Property or the Conservation Area is conveyed by this Conservation Easement, except as
provided in Paragraph 2(c), above.
6. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities
related to the operation, upkeep or maintenance of the Conservation Area.
7. Acts Beyond Grantor's Control. Nothing contained in this instrument shall be
construed to entitle Grantee to bring any action against Grantor for any injury to or change in any
portion of the Property other than Conservation Areas that result from natural causes beyond
Grantor's control, and not initiated by the Grantor, including but not limited to fire, flood, storm
and earth movement. Should any Conservation Area be injured or changed from natural causes,
including but not limited to fire, flood, storm and earth movement, the Grantor shall be provided
notice and a reasonable opportunity to restore the affected Conservation Area to a condition that
satisfies the Management Plan requirements prior to the Grantee bringing any action for
noncompliance with the Resolution or the Management Plan.
8. Property Taxes. Grantor shall keep the payment of taxes and assessments on the
Conservation Area current and shall not allow any lien on the Conservation Area superior to this
Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in
addition to any other remedy, the Grantee may, but shall not be obligated to, elect to pay the lien
on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the
Grantee, together with Grantee's reasonable attorney's fees and costs, with interest at the
maximum rate allowed by law, no later than thirty days after such payment. In the event the
Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute a lien
against the Conservation Area which shall automatically relate back to the recording date of this
Easement. Grantee may foreclose this lien on the Conservation Area in the manner provided for
mortgages on real property.
9. Enforcement by Grantee. Enforcement of the terms, provisions and restrictions
of this Conservation Easement shall be at the reasonable discretion of Grantee, and any
forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach
hereof by Grantor or the Association, shall not be deemed or construed to be a waiver of
Grantee's rights hereunder.
10. Enforcement by Association. The Association shall take private enforcement
action against any member of the Association who violates the rules relating to the use and
maintenance of the Conservation Area as set forth in the Management Plan.
11. Maintenance Obligations of Association. The Association shall maintain in
perpetuity, the Conservation Area in accordance with the Management Plan. Such maintenance
shall include, but is not limited to, exotic vegetation removal, replanting with appropriate native
WPB 381,741,367x712/12/2007
vegetation, vine control, and removal of trash and debris. The maintenance schedule should be so
as to keep the Conservation Area ecologically functional and high quality, as well as a minimum
90% free of exotic vegetation.
12. Assignment. Grantee will hold this Conservation Easement exclusively for
conservation purposes. Grantee will not assign its rights and obligations under this Conservation
Easement except to another organization or entity qualified to hold such interests under the
applicable state laws.
13. Seve, rah. If any provision of this Conservation Easement or the application
thereof to any person or circumstances is found to be invalid, the remainder of the provisions of
this Conservation Easement shall not be affected thereby, as long as the purpose of the
Conservation Easement is preserved.
14. Terms and Restrictions. Grantor shall insert the terms and restrictions of this
Conservation Easement in any subsequent deed or other legal instrument by which Grantor
divests itself of any interest in the Property.
15. Written Notice. All notices, consents, approvals or other communications
hereunder shall be in writing and shall be deemed properly given if sent by United States
certified mail, return receipt requested, addressed to the appropriate party or successor -in -
interest.
16. Modifications. This Conservation Easement may be amended, altered, released or
revoked only by written agreement between the parties hereto or their heirs, assigns or
successors -in -interest, which shall be filed in the public records in St. Lucie County.
17. Extinguishment. If circumstances arise in the future such as render the purpose
of this Easement impossible to accomplish, this Easement can only be terminated or
extinguished, whether in whole or in part, by judicial proceedings in a court of competent
jurisdiction, and the amount of the proceeds to which Grantee shall be entitled, after the
satisfaction of prior claims, from any sale, exchange or voluntary conversion of all or any portion
of the Property subsequent to such termination or extinguishment, shall be determined, unless
otherwise provided by Florida law at the time, in accordance with paragraph 18. Grantor
believes that any changes in the use of neighboring properties will increase the benefit to the
public of the continuation of this Easement, and Grantor and Grantee intend that any such
changes shall not be deemed to be circumstances justifying the termination or extinguishment of
this Easement. In addition, the inability of Grantor to conduct or implement any or all of the
uses allowed under the terms of this Easement, or the unprofitability of doing so, shall not impair
the validity of this Easement or be considered grounds for its termination or extinguishment.
18. Proceeds. This Easement constitutes a real property interest immediately vested
in Grantee, which, for the purposes of paragraph 17, the parties stipulate to have a fair market
value determined by multiplying the fair market value of the Property unencumbered by the
Easement (minus any increase in value after the date of this grant attributable to improvements)
by the ratio of the value of the Easement at the time of this grant to the value of the Property,
without deduction for the value of the Easement, at the time of this grant. For the purposes of
WPB 381,741,367v712/12/2007 4
this paragraph, the ratio of the value of the Easement to the value of the Property unencumbered
by the Easement shall remain constant.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions,
restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor,
and shall continue as a servitude running in perpetuity with the Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property
in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the
terms of this Conservation Easement; and all mortgages and liens have been subordinated to this
Conservation Easement; and that Grantor has good right and lawful authority to convey this
Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation
Easement hereby conveyed against the lawful claims of all persons whomsoever.
WPB 381,741,367v71211212007
IN SS WB EEREOF, lio anti Marisa :Pereira; m: hereunto ;$et iiw authorimd hand
thts day, a . 2017.
Signed, sealed and. delivered.
in .our presence as witnesses,
STATE OF .FLORIDA
-COUNTY OF ST LU C E )
lie foregoing instrument was,seknowledged
by Aurelio and Maria.Pereira, as Owners .of'Noble'(
knovm to me, otwho has produced ft' , as
before me this ✓ day of ftl,Q , 2017,
Oaks Estates, on its behalf, who is personally
[NOTARIAL SEAL.] Print NaMI
Notary Public, of F
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EXHIBIT "A"
[DESCRIPTION OF PROPERTY]
LEGAL DESCRIPT%DIV.=
PART Of .THE NW 1/'# OF .THE SW 1/4. OF SEGTIDN 4; TOWNSHIP 36.-50U TH, RANGE 4(J EAST,' ST.
LUCIE COUNTY FLORIDA, . MORE PARTICULARL Y- DESCRIBED AS FOLLOWS
THE NORTH 340 FEET OF THE SOUTH 083 FEET OF THE NW ,1/4 OF THE SW 1/4 OF SAID
SECTION 4, AND. LAND ABUTTING SAME ON EAST. TO RIVER, CONTAINING' TEN ACRES ADORE OR--.
LESS, EXCEPT/NG HOWEVER THE SOUTH TEN FEET THEREOF.
LESS AND EXCEPT A TR/ANGULAR SHAPED PARCEL LYING IN.%NE. NORTHWEST 1/4- DF TIlE.
SOUTHWEST 1/4 OF SECTION -4;TOWNSHIP 36 SOUTH RANGE 40 EAST ST, LUCIE .COUNTY,
FLORIDA, AND. BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS :
COMMENCE A T. THE SOUTHWEST CORNER OF SAID . SECTION 4; THENCE NORTH 89 40'12" EAST
ALONG, THE SOUTH LIIV£ DI` SAID SEC.1/ON 4 .A DISTANCE... OF 45.00. FEET TO THE INTER.SECTIO/V
OF SAID SOUTH LINE OF. SECTION 4 AND. THE EAST. RIGH
T -QF= WA Y LINE OF SOUTH 25t1i STREET
THENCE .NORTH .001258" WEST ALONG SAID EAST PIGH.T-OF WA Y, LINE AND PARALLEL .WITH, THE
WEST LINE OF SAID SECTION 4 A DISTANCE OF 1975.54 FEET- TO .THE NORTH LINE OF THE SOUTiH
653 00 FEET OF THE. NORTHWEST 1/4 OF THE, SOUTHWEST 1/4, SAID POINT BEING THE POINT OF .
-BEGINNING; THENCE NORTH 03.'15'08" EAST A DISTANCE ' OF 330.60 FEET TO 7HE INTERSECTION,
OF A LINE .65.00 FEET EAST OF SAID WEST LINE. OF, SECTION 4 AND THE NORTH LINE OF THE
SOUTH 340.00 FEET OF THE. NORTH -.1/2 OF THE NORTHWEST 114 OF .THE SOUTHWEST i/4,•
THENCE SOUTH.. 00'12'58" EAST PARALLEL WITH SAID: WEST CINE OF SECTION. 4; A DISTANCE OF
330 00 FEET TO SAID NORTH LINE OF THE SOUTH 653.00 FEET OF THE NORTHWEST- 1/4 OF THE
SAID S6UTHINEST..1/4, THENCE SOUTH 89 47'36'"- WEST ALONG SAID - NORTH LINE A DISTANCE OF.
20 60 FEET TO THE' POINT OF BEGINNING
EXHIBIT "B"
[DESCRIPTION OF CONSERVATION AREA]
WPB 381,741,367v71211212007
LEGAL DESCRIPTION for CONSERVATION EASEMENTS
LEGAL DESCRIPTION.-
BEING A PORTION OF THE NORTH 340 FEET OF THE SOUTH 983 FEET OF THE NW 1/4 OF
THE SW 1/4 OF SECTION 4, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY,
FLORIDA. BEING MORE PARTICULARL Y DESCRIBED AS FOL LOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 4, SAID POINT BEING A FOUND
NAIL & DISC (PCP 4286); THENCE SOUTH 0072'52" EAST ALONG THE WEST LINE OF SAID
SECTION 4, A DISTANCE OF 339.52 FEET; THENCE NORTH 894742" EAST ALONG THE NORTH
LINE OF THE SOUTH 983 FEET OF SAID NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION
4, A DISTANCE OF 1180.57 FEET TO THE BEGINNING OF THE FOLLOWING DESCRIPTION
CONSERVA TION EASEMEN T,• THENCE CONTINUE NORTH 894742" EAST, A DISTANCE OF 75.64
FEET TO A POINT ON THE MEAN HIGH WA TER LINE DEPICTED HEREON WHICH COMPLIES WITH
CHAPTER 177, PAR T //, FL ORIDA STA TU TES AND IS RECORDED IN THE PUBLIC REPOSI TOR Y OF
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, BUREAU OF SURVEYING AND
MAPPING AS MEAN HIGH WATER SURVEY FILE NO. 3601; THENCE CONTINUE SOUTH 07°15'36"
WEST, A DISTANCE OF 24.48 FEET; THENCE SOUTH 0421'57" EAST A DISTANCE OF 75.82
FEE I, THENCE SOUTH 013656" WEST A DISTANCE OF 33.02 FEET; THENCE SOUTH 21 -07'J2 -
EA S I,
107'32"EAST, A DISTANCE OF 20.15 FEET; THENCE SOUTH 02100102" EAST, A DISTANCE OF 10.67
FEET, THENCE SOUTH 22-474J- WEST, A DISTANCE OF 10.09 FEET; THENCE SOUTH 19 -01'02 -
EA S T,
901'02"EAST, A DISTANCE OF 17.71 FEET; THENCE SOUTH 0722'38" EAST, A DISTANCE OF 30.45
FEE T,• THENCE SOUTH 21'18'46" EAST, A DISTANCE OF 65.57 FEET; THENCE SOUTH 2178'46'
EAST, A DISTANCE OF 65.57 FEET; THENCE SOUTH 17°14'42" EAST, A DISTANCE OF 34.54
FEET, THENCE SOUTH 3738'01 " EAST, A DISTANCE OF 21.61 FEET TOA POINT ON THE
NORTH LINE OF THE SOUTH 653 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
SAID SECTION 4; THENCE SOUTH 894742" WEST, ALONG SAID NORTH LINE, A DISTANCE OF
86.32 FEET; THENCE NORTH 177442" WEST, A DISTANCE OF 26.84 FEET; THENCE NORTH
21'18'46" WEST, A DISTANCE OF 72.07 FEET; THENCE NORTH 0722'38" WEST, A DISTANCE OF-
J1.97
F31.97 FEET; THENCE NORTH 19101102" WEST A DISTANCE OF. 38.72 FEET; THENCE 22-474J-
EAST,
24743"EAST, A DISTANCE OF 5.60 FEET; THENCE NORTH 21'07'J2" WEST, A DISTANCE OF 8.55 FEET;
THENCE NORTH 013656" EAST, A DISTANCE OF 44.18 FEET; THENCE NORTH 0421'57" WEST,
A DISTANCE OF 79.53 FEET THENCE NORTH 07°15'36" EAST, A DISTANCE OF 22.29 FEET TO
THE POINT OF BEGINNING.
CONTAINING.• 25625.77 SQUARE FEET AND/OR 0.59 ACRES MORE OR LESS..
NOTES:
1. TH/S SKETCH OF LEGAL DESCR/PT/ON DOES NOT REPRESENT A BOUNDARY SURVEY.
2. THE BEAR/NG BASE OF THIS SKETCH OF LEGAL DESCRIPTION 50072'52'E ALONG
THE WEST LINE- OF SECT/ON 4.
3. THE /NFORMA TION WAS PROV/DED BY "V/LLA DEL TA HOMES"
4. THERE ARE (3) 10 FOOT DOCK ACCESS EASEMENTS THA T W/LL CROSS THROUGH THE
CONSERVAT/ON EASEMENT
SURVEYORS CERT/F/CAMON.-
/ HEREBY CERT/FY THA T THE 'SKETCH TO ACCOMPANY LEGAL DESCRIPTION WAS PREPARED
UNDER MY RESPONS/BLE CHARGE AND MEETS THE STANDARDS OF PRACTICE AS SET FORTH
BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYOR AND MAPPERS /N CHAPTER ✓5-17,
FL OR/DA ADM/N/STRA T/VE CODE, AND THA T /T /S TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BEL/EF. NOT VAL/D W/THOU T THE S/GNA TUBE AND THE ORIGINAL RA/SED SEAL
OF A FL OR/DA LICENSED SURVEYOR AND MAPPER.
R6BERT BL COUSTE� ,.
PROFESS/ONAL LAND PEYOR
NO. 4134 STA TE" OF FL -0,1F/DA
NOT VALID WITHOUT SHEET 2 OF 2
BL0OMS TER
PROFESSIONAL LAND
SURFLORIDA LBVEYORS, /8018INC.
.
641 NORTHEAST SPENCER STREET
JENSEN BEACH, FLORIDA 34957
PHONE 772-334-0868
SKETCH T0. ACCOMPANY LEGAL DESCRIPTION
PREPARED FOR.- KLA DEL TA HOME
SITE LOCATED.• NOBLE OAKS ESTATES
FORT PIERCE, ST LUCIE COUNTY, FLORIDA
PO/NT OF COMMENCEMENT
NW CORNER SECTION 4-36-40
FOUND NAIL & DISC (PCP 4286)
S00'12 52'E 339.52'
o ' N8947427E 1180.57'
45' N0715367' 22.29'
I
O k
W
(�
0
N04 2157"W 79.5J—
9.53Lcs
�
S02 00'02'E 10.67'
Ll
0
C
S191011027- 17.71 '
N
S072238'E 30.45'
11� PROPOSED 10' DOCK ACCESS ESMT
ri
S21 '18'46 E 65.57'
�
W
N0136 567E 44.18'
Wi
N2107'32 "W 11.44'
N22 47'43'E 13.54
N19 01 02"W 38.72'—
PROPOSED 10 DOCK ACCESS ESMT
N0722 38 "W 31.97'
SKETCH OF DESCRIPTION
FOR
CONSERVATION EASEMENTS
PO/NT OF BEGINNING
- NORTH LINE OF THE SOUTH 983 FEET OF THE
NW 1/4, SW 1/4, SECTION 4/36/40
N89'47'427- 75.64'
S07°1536 "W 24.48'
N217846"W 72.07'–
PROPOSED 10' DOCK ACCESS ESMT
N171442"W 26.84'
LEGEND:
PCP = PERMANENT CONTROL POINT
FDEP = FLORIDA DEPARTMENT OF TRANSPORTATION
ESMT = EASEMENT
SHEET 2 OF 2 (SCALE: 1" = 509
NOT SAL/D WJTHOUT SHEET 1 OF 2
SO4 21577E 75.82'
MEAN HIGH WA TER LINE
(AS (ELENA ACA 7FDNN1 1 j 05)
FDEP FILE #3601
5013656 "W 33.02' Z
20.15'
0
�
S02 00'02'E 10.67'
y
24743"W 1009'
C
S191011027- 17.71 '
T�
S072238'E 30.45'
ri
S21 '18'46 E 65.57'
S2107327-
S17'14 427E 34.54'
S3738 01 'E 21.61'
S89 47 42 "W 86.32'
NORTH LINE OF THE SOUTH 653 FEET,
NW 1/4, SW 1/4, SECTION 4/36/40
BL0OMS TER
PROFESSIONAL LAND
SURVEYORS, INC.
nMA LB. / 8078
641 NORTHEAST SPENCER STREET
JENSEN BEACH, FLORIDA 34957
PHONE 772-334-0868
EXHIBIT "C"
MANAGEMENT PLAN
WPB 381,741,367v7 1211212007
7
Environmental Services, Inc.
Nobel Oaks Estates
MONITORING AND MAINTENANCE PLAN
Prepared by:
DLS Environmental Services, Inc.
1901 SW Yellowtail Avenue
Port St. Lucie, FL 34953
May 2014
phone: 772-215-3997 • fax: 772-879-4520 • email: danna@dlsenvironmentalservices.com
address: 1901 SW Yellowtail, Port St. Lucie, FL 34953
web: www.dlsenvironmentalservices.com
Introduction
The Nobel Oaks Estates parcel is 9.6± acres and is located on the east side of 25th Street, south of
Midway Road between an office complex and vacant property on the north side and a single
family residential development on the south side. The parcel is located in Section 4, Township 36
South, Range 40 East, adjacent to the North Fork St. Lucie Aquatic Preserve, a Class III
waterbody (Figure 1— Location Map). The project consists of 17 single family residential units,
an associated roadway, stormwater management, and an upland preserve area adjacent to the
North Fork St. Lucie Aquatic Preserve.
Upland Buffer Preservation
There are no wetlands on the property; therefore there is no proposed mitigation. Preserve area
signs will be installed by the developer and maintained by the homeowners association to provide
assurance that the preserve areas will not be impacted in the future (Figure 2 - Preserve Area
Sign). In addition, a conservation easement will be placed over the upland buffer preserve as
further assurance. The proposed locations of the dock accesses and outfall structure are not
included in the preserve area in order to allow construction and maintenance of these structures.
There will be activities within the buffer preserve that will involve exotic plant removal.
The criteria for such activities are:
1) Eradication of Nuisance and Exotic Vegetation
All nuisance and exotic vegetation as listed by the Florida Exotic Pest Plant Council will be
eradicated from the preserve area. The vegetation that occurs within the preserve area consists
mainly of cabbage palm (Sabal palmetto), saw palmetto (Serenoa repens), live oaks (Quercus
virginiana), some Brazilian pepper (Schinus terebinthifolius), marlberry (Ardisia escallonoides),
lygodium, ceasar weed (Urena lobata), Boston fern (Nephrolepis exaltata), wild coffee
(Psychotria spp.), and snake plant (Sansevieria trifasciata).
• All eradication will be through hand clearing and removal of material off-site.
• The criterion for acceptance of eradication for all exotic vegetation will be 100 percent
eradication. If initial eradication efforts do not achieve this criterion, follow-up treatment
will be conducted.
• Cutting of the trunk and treatment of the stump with an appropriate labeled herbicide will
eradicate all Brazilian pepper and other woody exotics.
• The criterion for completion of the woody exotic eradication will be 100 percent kill. If
initial eradication efforts do not achieve this criterion, follow-up treatment will be
conducted.
• All eradication of non -woody exotic vegetation will be through application of
appropriately labeled herbicide. All debris removed will be handled in accordance with
the disposal specifications.
• The criterion for completion of the non -woody exotic eradication will be 100 percent kill.
If initial eradication efforts do not achieve this criterion, follow-up treatment will be
conducted.
The exotic vegetation eradication in the buffer preserve will generate vegetative debris that
requires disposal. There will be a staging and storage area provided outside the limits of the
buffer preserve areas.
• Transport of vegetative debris from the buffer area to the staging area will be conducted
in a fashion that minimizes the distribution and dispersal of seeds from such debris.
• No exotic or nuisance vegetative material will be left in the buffer area.
• All vegetative debris, either whole or chipped/mulched will be hauled off site and
disposed of at a landfill or other appropriate licensed facility.
Herbicides are required for the treatment of all stumps of woody vegetation to prevent re -growth,
and for eradication of non -woody exotic and nuisance vegetation.
• All herbicide application activity will be conducted under the supervision of a Florida
Department of Agriculture licensed applicator, licensed for application of aquatic
herbicides.
• All herbicide applied must include a visible tracer dye in the mix to facilitate observation
of treated vegetation
Upland Buffer Preserve Monitoring
Due to the minimal amount of exotics within the buffer preserve, no replanting is proposed for
the area. The monitoring plan includes transects established through the buffer preserve. One
data collection station has been established along each transect in order to document vegetative
coverage. Vegetative coverage will be documented along the transect lines and data
collection/photo stations shown on the Monitoring Plan Map (Figure 3). Observations will
extend approximately 50 feet from the observer in each direction thus covering 100' of shoreline
at each station. Station locations will be permanently marked with PVC pipe to ensure
consistency in data collection. Panoramic photos will be collected from each of the established
monitoring stations to provide documentation of vegetative coverage. The monitoring is to
ensure the nuisance and exotic vegetation removal is successful. No hydrologic monitoring is
proposed since the buffer preserve is uplands.
Maintenance
Each monitoring report will include recommendations for maintenance if necessary. The
threshold for maintenance requirements will be any area that has five percent or more total
vegetative coverage by nuisance or exotic vegetation at any time during the monitoring period.
Maintenance of the upland buffer preserve will be provided in perpetuity by the homeowners
association in accordance with permit requirements.
Pa
Monitoring and Maintenance Schedule
The schedule for conducting the proposed monitoring and maintenance is based on the date of
permit issuance from the appropriate agencies. The project is not anticipated to begin
immediately and the following is the proposed work schedule.
Activity
Months after Permit Issuance
Record Conservation Easement
2 months
Submit Baseline Monitoring Report
18 months
Initiate Exotic Eradication
18 months
Complete Exotic Eradication
22 months
Submit Time Zero Monitoring Report
22 months
Submit First Annual Monitoring_ Report
30 months
Submit Second Annual Monitoring Report
42 months
Submit Third Annual Monitoring Report
54 months
Submit Fourth Annual Monitoring Report
66 months
Submit Fifth Annual Monitoring Report
78 months
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SECTION 4, TOWNSHIP 36 SOUTH, RANGE 40 EAST
]Envir®nrnental
S ervices, Inc_
1901 SW Yellowtail Avenue
Port Saint Lucie, FL 34953
Phone: 772-215-3997 Fax: 772-879-4520
www.dlsenvironmentalservices.com
Location Map
Nobel Oaks Estates
Fort Pierce,
St. Lucie County, Florida
SCALE:
N.T.S. MAY 2014
FIGURE 1
AND CAP (LB
s»
�D� S07'15 36 W Survey data obtained from Stephen Cooper, PE
24.48' and Associates, Inc. Site Plan, Dated 9-18-08
w
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■ Location of Photo
Station
Location of Monitoring
.one W
= O Transect
°0— Location of Preserve
*-
w Q i:z Z Area Signage
o
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25' 33.02'
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EASEMENT ZO S21007,3277 T
20.15' -�
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10.09'
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FOUND 4 X
MONUMENT
]Environmental
Services, Inc.
1901 SW Yellowtail Avenue
Port Saint Lucie, FL 34953
Phone: 772-215-3997 Fax: 772-879-4520
www.disenvironmentalservices.com SCALE: 1"=40'
521 '18'46 "E
— 65.57'
17'14'42'Z-
J4.54'
7'14'42'E34.54'
24.59'
— S37'38'01 "'E -
21.61
E21.61 '
Monitoring Plan Map
Nobel Oaks Estates
Fort Pierce,
St. Lucie County, Florida
MAY 2014 1
FIGURE 3
POINT OF COMMENCEMENT
NW CORNER SECTION 4-36-40
FOUND NAIL & DISC (PCP 4286)
S00'12 52 "E 339.52'
o '
N89147427- 1180.57'
45N077536'E 22.29'
I
W
(l) Q N042157"W 79.53'
,SKETCH OF .DESCRIPTION
FOR
CONSERVATION EASEMENTS
POINT OF BEGINNING
NORTH LINE OF THE SOUTH 983 FEET OF THE
NW 1/4, SW 1/4, SEC77ON 4136/40
N894742E 75.64'
--- S07'15 36 "W 24.48'
N21 '18'46 "W 72.07'--
PROPOSED 10' DOCK ACCESS ESMT
N17'14'42 "W 26.84'
LEGEND:
PCP = PERMANENT CONTROL POINT
FDEP = FLORIDA DEPARTMENT OF TRANSPORTA TION
ESMT = EASEMENT
SHEET 2 OF 2 (SCALE- 1 " = 50)
NOT VALID WITHOUT SHEET 1 OF 2
SO4 2157E 75.82'
MEAN HIGH WATER LINE
(AS �ELEVA770N 11OCAMD ON 805)
)
FDEP nL£ ,¢3601
SO136 56 "W 33.02'
'z 1
(/)O
S02'00'02 "E 10.67'
y
1�1
?2 47 43 "W 10.09'
C 1�
5191071027- 17.71'
�o
50722',38 "E 30.45'
N
S21 '18'46 E 65.57'
I'll
PROPOSED 10' DOCK ACCESS £SMT
N013656 E 44.18'��
O
Z
N210732 "W 11.44'
(n
N22 47 43 E 13.54'
r�r
vJ
�
N19 01 02"W 38.72'
PROPOSED 10' DOCK ACCESS ESMT
—'
N0722 38"W 31.97'
N21 '18'46 "W 72.07'--
PROPOSED 10' DOCK ACCESS ESMT
N17'14'42 "W 26.84'
LEGEND:
PCP = PERMANENT CONTROL POINT
FDEP = FLORIDA DEPARTMENT OF TRANSPORTA TION
ESMT = EASEMENT
SHEET 2 OF 2 (SCALE- 1 " = 50)
NOT VALID WITHOUT SHEET 1 OF 2
SO4 2157E 75.82'
MEAN HIGH WATER LINE
(AS �ELEVA770N 11OCAMD ON 805)
)
FDEP nL£ ,¢3601
SO136 56 "W 33.02'
'z 1
S21 0732'£ 20.15'
S17'14'427- 34.54'
S3738101'E 21.61'
S89 47'42 "W 86.32'
NORTH LINE OF THE SOUTH 653 FEET,
NW 1/4, SW 1/4, SECTION 4/36/40
BLOOMSTER
PROFESSIONAL LAND
SURVEYORS, INC.
641 NORTHEAST SPENCER STREET
JENSEN BEACH, FLORIDA 34957
PHONE 772-334-0868
(/)O
S02'00'02 "E 10.67'
y
1�1
?2 47 43 "W 10.09'
C 1�
5191071027- 17.71'
�o
50722',38 "E 30.45'
S21 '18'46 E 65.57'
S21 0732'£ 20.15'
S17'14'427- 34.54'
S3738101'E 21.61'
S89 47'42 "W 86.32'
NORTH LINE OF THE SOUTH 653 FEET,
NW 1/4, SW 1/4, SECTION 4/36/40
BLOOMSTER
PROFESSIONAL LAND
SURVEYORS, INC.
641 NORTHEAST SPENCER STREET
JENSEN BEACH, FLORIDA 34957
PHONE 772-334-0868