The URL can be used to link to this page

Home My WebLink About21-056 RESOLUTION NO. 2021-56 A RESOLUTION ACCEPTING A PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT ON BEHALF OF ST. LUCIE COUNTY EROSION DISTRICT BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, that: The foregoing Perpetual Beach Storm Damage Reduction Easement from Venture Three, Inc. is duly accepted on behalf of St. Lucie County Erosion District this 23rd day of March, 2021 subject to: • The Erosion District satisfying the U.S. Army Corps of Engineers (USACE) requirement for project land certification, including the acquisition of Perpetual Beach Storm Damage Reduction Easements along the project area, sufficient to initiate construction of the proposed federal beach project. • The Erosion District receiving the pre-determined funding from both the State and Federal Governments necessary to complete initial beach nourishment. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA Deputy CI: r1$ air m °mil;FolA° APPROVED AS TO FORM AND CORRECTNESS: ` ' / ,BY: AIL County Attor. ey St. Lucie County,Florida Coastal Storm Risk Management Project PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT THIS EASEMENT, made this rfp day of e-Ce-w.Lc.4- , 20ibetween Venture Three. Inc., whose address is 10701 S Ocean Dr V3 Business Office. Jensen Beach, FL 34957, hereinafter referred to as the "Grantor", and St. Lucie County Erosion District, whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter referred to as the"Grantee". (Wherever used herein the terms"Grantor"and"Grantee"shall include singular and plural,heirs,legal representatives,and assigns of individuals,and the successors and assigns of corporations,wherever the context so admits or requires.) WITNESSETH: WHEREAS, GRANTOR owns beachfront property described in Exhibit "A", incorporated by reference and made a part hereof;and 5 WHEREAS,GRANTEE and the Department of the Army have entered into a Project Partnership Agreement for the St.Lucie County,Florida Coastal Storm Risk Management Project(the"Project")whereby GRANTEE has agreed to be the Local Sponsor for the Project,which provides for beach and dune nourishment within the South Hutchinson ; Island reach;and oWHERW � X EAS, CD as Local Sponsor for the Project,GRANTEE is required to obtain"perpetual beach storm damage 2 8 reduction"easements from owners of property in the South Hutchinson Island reach,such as GRANTOR;and d g WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage to w z w 8 GRANTOR's property and restore the,adjacent beach and dune. zs 8 NOW THEREFORE,in consideration of the mutual benefits to be derived from the permitted uses described w N below and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the J J Q Parties to this easement agree to the following: _I-* G 2 zw i pre GRANTOR does hereby bargain,convey,and grant a perpetual and assignable easement and right-of-way in, on, over, and across the land described in Exhibit "A", which is attached hereto and incorporated herein, for use by GRANTEE,its representatives,agents,contractors,and assigns to construct;preserve;patrol;operate;maintain;repair; rehabilitate;and replace;a public beach a dune system and other erosion control and storm damage reduction measures together with appurtenances thereto,including the right to deposit sand;to accomplish any alterations of contours on said land; to construct berms and dunes; to nourish and renourish 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 renourishment and maintenance of the St.Lucie County,Florida Coastal Storm Risk Management Project,together with the right of public use and access;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 overwalk 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 approval of the plans and specifications for such structures is obtained from the designated representative of the Project Sponsor and provided further that such structures are subordinate to the construction,operation,maintenance,repair,rehabilitation and replacement of the project; and further reserving to the grantor(s),(his)(her)(its)(their)(heirs),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;subject,however,to existing easements for public roads and highways,public utilities,railroads and pipelines. GRANTOR and GRANTEE shall each be responsible for their own acts of negligence when acting within the scope of this Easement and shall only be liable for any damages resulting from their own negligence. Nothing herein is intended to be a waiver of sovereign immunity or of any applicable statutory limitations of liability,including,but not limited to, Section 768.28, Florida Statutes, by GRANTEE (or GRANTOR if applicable). Nothing herein shall be construed as consent by GRANTOR or GRANTEE to be sued by third parties in any manner arising out of this Easement. This Easement shall become effective upon proper execution by GRANTOR. The covenants,rights,privileges,restrictions, and reservations set forth herein shall run with the land. The terms and conditions of this Easement shall be deemed severable. Consequently,if any term or condition in this Easement shall be held illegal or void,such determination shall not affect the validity or legality of the remaining terms and conditions,and not withstanding any such determination,this Easement shall continue in full force and effect unless the particular term or condition held illegal or void renders the balance of the Easement impossible to perform. IN WITNESS WHEREOF,GRANTOR has set hereto its hand and seal on the day and year above written. Signed,sealed and delivered in the presence of: Venture Three, ,Inc. c Witness Signature 0 Signature �1C!(�---- Print Witness Name ,vtiAJ_ L Title ` S � Witness Signature Print Witness Name La 1�/ 1 vQ STATE OF"7"'""'7 COUNTY OF u ,,Lerc-162--- The foregoi g instrument was acknowledged before me by means of oc. physical presence or online notarization,this /6 day of f9G-�Gr0/. ,2020,by ,of Venture Three, Inc., on behalf of the corporation. He/She is personally known to me or has produced as identification. [NOTARY SEAL] //e/ Notary Public i��r•4 ELVIS R.ROCK My / z +° �4. Notary Public-State of Florida f Commission expires:Y/ �/`A, Commission N NH 008134 �'??F n; My Comm.Expires Sep 21,I024 1 Bonded through National Notary Assn. 09 \ \`\ `\ EXHIBIT "A" \ \R-109\\ \ \ \ \ \ \ \ \ \\ R-110 \. \ CTION 2,TOWNSHIP 37S,RANGE 41E \ 2 SEA TION 11,TOWNSHIP 37S,RANGE 41E — \ \ 11 12 \ \ LANDWARD \ \ / LIMITS OF ( 51 \ CONSTRUCTION fX ONSTRUCTION \ \ \. \ 1" = 600 FEET \ \---\--------c)N-_, *12. N \ 7 R-111 `\ (n to I I 1 1 \ \ 1 m m N \ MIUIW1j - °`s \. \ _z z ATLANTIC Sw \ Z 1,Aiiiiile*T•.0 \`\\\\ 2 2 411111111111111 R-112 \ y OCEAN \///////// D /'A,, =, �1/,,,,�,�•.i��01. 1 \\ \ ELEVATION WATERMEAN HIGH 0.5 NAVD 88 Vta ��is ► JANUARY 18,2012 la.��14 re ia %I�,A ira `\ \ 5 VIM 1. $10 lik 0 j�IG4��1,� \\ (SEE DETAL SHEET 3) 00 (s, I 1,0411:, I ill‘ \ LEGEND 1 Ir. `� ' P.O.B. POINT OF BEGINNING ,,��,��. R-114 \ �% NAD = NORTH AMERICAN DATUM � T. NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 i�,�,1 i \� \. \ `J /�d wR-102 = FDEP RANGE MONUMENT(TYP) ��,4%�•,� \ \ � � � 3 —--—--— MEAN HIGH WATER LINE AND EROSION al.% 1� \\ KK\\ 1/ CONTROL LINE AS LOCATED JANUARY 18,2012 0�� \ a -'---------- PROPOSED LANDWARD LIMITS OF CONSTRUCTION \ \ N AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION 11 11.I I 1 I I I I% �~+ 10 ��/ PROPOSED EASEMENT AREA ��I 11 111 I.1Ill v`-A .6 X W Morgan & Eklund Inc. SKETCH OF LEGAL DESORPTION 3°°51117 9 _� itatk PROFESSIONAL SURVEY CONSULTANTS PARCEL 451141100150001 SOW SOUTH ST. LUCIE COUNTY BEACH RESTORATION 1".soo 1812 NW 2ND AVENUE Mr M&E 4909 US HIGHWAY ill SURE 3 FOR ST. WOE COUNTY EROSION DISTRICT 11/30/20 a VERO BEACH, FL 32967 BOCA RAWON FL 33432 PHONE: (772) 388-5364 PHONE (954) 421-6882 Co FAX: ( 2) 388-3165 FAX: (9 ) 421-0425 MIN°Y q�®/Y MD 1 qX Mr°F WWI LB 414298 LFP DWC was Na parr 1 p. 3 EXHIBIT "A" r 1 SIRC R98 -18 2012 1 NAD 83/90 N=1081985.60 I E=909213.27 POINT OF BEGINNING OF WEST EASEMENT LINE NAD 83/90 N=1081789.13 E=909316.22 Line Table 1 27 Line # Direction Length I L2 _; L1 N14' 22' 29"W 2970.72' `dr L2 S27' 39' 18"E 221.81' 1 34 -30 Itcp L3 S23' 01' 00"E 757.60' tts, 35 L4 S21' 45° 01"E 999.30' DNR MONUMENT 94-77-A0 L5 S22' 40' 46"E 988.27' NAD 83/90 N=1079107.8� �� L6 S20' 27' 48"E 974.64' E=909950.7p ATLANTIC , TOWNSHIP 36S, RANGE 4 r E OCEAN L7 S20' 39' 36"E 987.46' TOWNSHIP 37S, RANGE 411E TiG L8 S22' 42' 50"E 972.76' `� L9 S23' 29' 45"E 1008.81' �`�,y L10 S22' 12' 18"E 940.81' 3 2 ° �� L12 L11 S22 16' 46"E 654.48' =°' L12 S19' 36' 39"E 386.32' ZO Mcj? j L13 S23' 36' 20"E 977.16' �c, L14 S23' 57' 25"E 1104.24' - — --- N-p,MiC�-- L15 S24' 26' 17"E 1082.21' ( 37� 12 L16 S23' 50' 11"E 803.61' LNDWARD LIMITS L17 S22' 36' 27"E 1129.03' I OF'CONSTRUCTION �� 10 11 %MCA L18 S22' 14' 48"E 1010.56' t' 1 I 111:; L19 S22' 36' 24"E 787.45' L20 S22' 56' 21"E 1983.23' ST. LUCIE COUNTY F �W0 L21 N38' 18' 07"E 26.84' z —_ MARTIN COUNTY ' POINT OF TERMINATION DNR MONUMENT OF WEST EASEMENT LINE w PL-R-1 4-�1-92 1992 N=1065595.88 NAD 83/90 I N=1065574.82 NAD 83i90� E=916068.51 E916051.88 L21 SKETCH OF LEGAL DESCRIPTION 3 I aarwps ar Nroa-i ansr�nrr rar rr swan. mrra Mt ors eao/r r araaa aw a lrrr sm tw[r Morgan & E�(IUF1d incftC. arr aasean .i+a�.v Zr mrap toe►p 35117-9 I invi `4 •ral""—a" LANDWARD UMITS OF CONSTRUCTION ar nroe.arr�wrrrr spar PROFESSIONAL SURVEY CONSULTANTS 1,,y map Maw= 1M,Itsa amc �. �` II 1:,... SOUTH ST. LUCIE COUNTY BEACH RESTORATION r=3000' �. 1612 NW 2ND AVEMIE a y MS&E °° "'�"" BMA W n 33432 -�/ , FOR ST. LUCIE COUNTY EROSION DISTRICT 11reno 'a—"l64 PHCNW f64 421-6662 �? � E' �+ aae r ales r sa,roar Mr r asr FAX )J66-D166 �' FAX:( )421—M61 r eam LFP owo mgan - __ 2 r 3 09 EXHIBIT "A" \N�o ATLANTIC ` s MEAN HIGH WATER LINE � O ELEVATION=0.51 NAVD 88 - JANUARY 18,2012 ♦C\ ♦ 00 1 451141100150001 ♦i♦// / N VENTURE THREE INC. ✓� 10701 S OCEAN DRIVE ` �5 OCEAN eA. N JENSEN BEACH, FL 34957-2683 ♦N 0000.. \`(-)) `o PROPOSED -1w .w. 17 EASEMENT ♦irn m \ 0 _ `� LANDWARD LIMITS �, \ OF CONSTRUCTION DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 270,PAGE 1412,OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY,FLORIDA LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A DEPARTMENT OF NATURAL RESOURCES MONUMENT STAMPED 94 77 A06,HAVING COORDINATES OF NORTHING 1,079,107.89 FEET AND EASTING OF 909,950.79 FEET AS REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM,EAST ZONE, NORTH AMERICAN DATUM OF 1983,1990 ADJUSTMENT(NAD83/90),PROCEED ALONG A BEARING OF N 14°22'29"W FOR A DISTANCE OF 2,970.72 FEET TO A SET IRON ROD AND CAP STAMPED R98-18 2012,HAVING COORDINATES OF NORTHING 1,081,985.60 FEET AND EASTING 909,213.27 FEET;THENCE S 27°39'18"E FOR A DISTANCE OF 221.81 FEET TO A POINT;HAVING COORDINATES OF NORTHING 1,081,789.13 FEET AND EASTING OF 909,316.22 FEET,SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED LANDWARD LIMITS OF CONSTRUCTION LINE;THENCE S 23°01'00"E FOR A DISTANCE OF 757.60 FEET TO A POINT;THENCE S 21°45'01"E FOR A DISTANCE OF 999.30 FEET TO A POINT;THENCE S 22°40'46"E FOR A DISTANCE OF 988.27 FEET TO A POINT;THENCE S 20°27'48"E FOR A DISTANCE OF 974.64 FEET TO A POINT;THENCE S 20°39'36"E FOR A DISTANCE OF 987.46 FEET TO A POINT;THENCE S 22°42'50"E FOR A DISTANCE OF 972.76 FEET TO A POINT;THENCE S 23°29'45"E FOR A DISTANCE OF 1008.81 FEET TO A POINT;THENCE S 22°12'18"E FOR A DISTANCE OF 940.81 FEET TO A POINT;THENCE S 22°16'46"E FOR A DISTANCE OF 654.48 FEET TO A POINT;THENCE S 19°36'39"E FOR A DISTANCE OF 386.32 FEET TO A POINT;THENCE S 23°36'20"E FOR A DISTANCE OF 977.16 FEET TO A POINT;THENCE S 23°57'25"E FOR A DISTANCE OF 1104.24 FEET TO A POINT;THENCE S 24°26'17"E FOR A DISTANCE OF 1082.21 FEET TO A POINT;THENCE S 23°50'11"E FOR A DISTANCE OF 803.61 FEET TO A POINT;THENCE S 22°36'27"E FOR A DISTANCE OF 1129.03 E FEET TO A POINT;THENCE S 22°14'48"E FOR A DISTANCE OF 1010.56 FEET TO A POINT;THENCE S 22°36'24"E FOR A DISTANCE OF N 787.45 FEET TO A POINT;THENCE S 22°56'21"E FOR A DISTANCE OF 1983.23 FEET TO THE POINT OF TERMINATION, HAVING COORDINATES OF NORTHING 1,065,595.88 FEET AND EASTING OF 916,068.51 FEET,SAID POINT BEING 26.84 FEET DISTANT FROM A 0 DEPARTMENT OF NATURAL RESOURCES MONUMENT PL-R-1 4-9-92 1992(HAVING COORDINATES OF NORTHING 1,065,574.82 FEET AND N EASTING 916,051.88 FEET NAD 83/90)ALONG A BEARING OF N 38°18'07"E. O "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION" 0 M c O NOTES: ,s THIS IS NOT A SURVEY. °i LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS—OF—WAY, OWNERSHIP OR CERTIFICATE OF SURVEYOR — I HEREBY CERTIFY THAT THE INFORMATION n EASEMENTS OF RECORD SHOWN HEREON IS IN ACCORDANCE WITH A RECENT FIELD SURVEY L MADE UNDER MY DIRECTION, AND THAT IT IS TRUE AND CORRECT TO w NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA THE BEST OF MY KNOWLEDGE AND BELIEF, AND MEETS THE STANDARDS 3 LICENSED SURVEYOR AND MAPPER OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, 7 COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. PURSUANT TO SECTION 472.027, FLORIDA STATUTES. ✓ /'j/ /�Gz U a BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE 0 SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990. _ m PROPERTY UNE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS o PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. o DAVID W. COGGIN, PSM UNE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY PROFESSIONAL SURVEYOR AND MAPPER f 6359 L CORPORATION. STATE OF FLORIDA x w Morgan 8 Eklund Inc. SKETCH OF LEGAL DESCRPBON 3511 ci " 7 9 _m PROFESSIONAL SURVEY CONSULTANTS PARCEL 45114110G150001 '°"`, -,ou SOUTH ST. RICE COUNTY BEACH RESTORATION 1612 NW 2ND AVENUE - a M&E 4909 BEACH,US �AY211 BOCA RATION R 33432 FOR ST. WOE COUNTY EROSION DISTRICT 11/30/20 PHONE: (772 388-5384 PHONE (1i54f 421-8882 SPAIN n. O n. #D IOW Q,SLAW w FAX: (772) 388-3165 FM: (954) 421-0425 sw 3 or 3 LB #4298 LFP DWC me ma - Waiver of Right to Receive Fair Market Value WHEREAS (Owner) desires to donate to St. Lucie County Erosion District, a dependent special district of St. Lucie County, a political subdivision of the State of Florida, a perpetual beach storm damage reduction easement, to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace a public beach dune system, and other erosion control and storm damage reduction measures associated with The St. Lucie County, Florida Coastal Storm Risk Management Project (PROJECT NAME). AND WHEREAS under the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,Public Law 91-646,as amended,any landowner donating lands,easements,rights-of-way,and dredged material disposal areas for construction and subsequent operation and maintenance for Federal or Federally assisted projects is entitled to receive fair market value as compensation for said property. NOW BE IT KNOWN that the landowner hereby acknowledges the fact that he/she/it is aware of the right to receive fair market value for the above-described easement and does hereby forever waive such right to receive fair market value for the easement. This waiver is binding upon said landowners,his/her/its heirs, successors,and assigns. Venture Three, Inc. Witness Signatu e: Signature: W.Xj.e.d Print Witness Namev Title: Witness Signature: La _E 1/'{ Date: I D-VLe ?.070 Print Witness Name: l Iy t `L; vo .