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Home My WebLink About21-058 RESOLUTION NO. 2021-58 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 Hutchinson Bay Company LLC 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, FLORID r i QnvYt;, Deputy Cler �OJ ��5+ C air 441711 0 • *� APPROVED AS TO FORM AND %tin, no, CORRECTNESS: d/D0 BY: County ttor'ey St.Lucie County,Florida Coastal Storm Risk Management Project PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT THIS EASEMENT, made this al I day of be-- , 20 aQ between Hutchinson Bay Company LLC,whose address is 633 SE 5th Street. Stuart,FL 34994,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 o 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 Ir. w to be the Local Sponsor for the Project,which provides for beach and dune nourishment within the South Hutchinson E Island reach;and U W XX ►_- a WHEREAS,as Local Sponsor for the Project,GRANTEE is required to obtain"perpetual beach storm damage c reduction"easements from owners of property in the South Hutchinson Island reach,such as GRANTOR;and tr es,c WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage to GRANTOR's property and restore the adjacent beach and dune. N NOW THEREFORE,in consideration of the mutual benefits to be derived from the permitted uses described wcWi N below and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the zQ o Parties to this easement agree to the following: =z#6o o w 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: Hutchinson Ba om.;• L Witness Signature �1J,• -- ,11: Signature I e1C— tom. Print Witness Name.NeSSt C.X e.-A-00.011 Title M(iwo Witness Signatureadra4146AA. �( Print Witness Name Cu.Zc✓kArti Qg1,(6¢4/-r STATE OF FI0r; (la- COUNTY OF /14 o.4n1 The foregoing instrument was acknowledged before me by means��PPf �' physical presence or online notarization, this .( day of t)eceMi e r , 202 0 , by -et by Coo r of Hutchinson Bay ComIan LLC a Florida limited liabili comIan , on behalf of the company a/She is •erson. y own to m- or has produced as identification. [NOTARY SEAL] tIY D. PETRORAIO Notary Publi Florida Notary Public My Commission expires: ///2$ 90 a( '.�'-!< :�n; # 152 =A,r iry CommissionissionGG Expires 463 � p;;;°` November 28, 2021 ;;i 41:1,/,- KATHY D. PETRORAIO ;:�Ai\ f._State of Florida-Notary Public Commission # GG 152463 a -,o' ;), ` My Commission Expires +++ November 28, 2021 10 Y EXHIBIT "A" \ \ \ 0 \ o \ \ 7L \ \ \ \ \ \ \ \R-109 \ \ \ \ \ \ \. \ LANDWARD ` LIMITS OF CONSTRUCTION CONSTRUCTION \\\\ \ MEAN HIGH WATER LINE \ \\\'ELEVATION=0.51 NAVD 88 „ R-110 \. \ J \ ANUARY 18,2012 1 = GOO FEET CTION 2,TOWNSHIP 37S,RANGE 41E �`'\ \ 2 SE TION 11,TOWNSHIP 37S,RANGE 41E — \ \ 11 12 \ \ \ \\ \ \ \ \ 1 \ \\---..,\____SLI.. \ R-111 \ cn cn ATLANTIC I �_I , \ m m 4Ruilliro \ \ z z �mi ♦ I N OCEAN ��.♦ 0 0 (IIIIIIIIIIIU \ \ J R-112 \. \ >X7 > ift,0 -. iik do '�1/////////�- \ z z low "Ni "oft lift VII 11.11 Ma. LEGEND I \. \ PROPOSED EASEMENT o P.O.B. = POINT OF BEGINNING 1 `\ \ (SEE DETAIL SHEET 3) a NAD = NORTH AMERICAN DATUM \_ \ / NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 = R-113 ❑ \'\ \ Li., R-102 = FDEP RANGE MONUMENT(TYP) �� ❑ \ ` ,‘"," \ ✓/1" t�D ------- MEAN HIGH WATER LINE AND EROSION �I�'... 4_422 d CONTROL LINE AS LOCATED JANUARY 18,2012 I��a u l j�I ,I t a ---•-------- PROPOSED LANDWARD LIMITS OF CONSTRUCTION j��I (�� 1 /� AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION 01��4010 R-114 `�\ \ cc o PROPOSED EASEMENT AREA �'I�It :II �- \�\\ \ .E wx NA Morgan & Eklund Inc. SKETCH OF LEGAL DESCRFRON 3"N;"9 m PROFESSIONAL SURVEY CONSULTANTS PARCEL 451114000040000 MILE M �/� COUNTY RESTORATION 1'=600' r 1612 NW 2ND AVENUE SOUTH ST. 1W1'/Wy� BEACH P M&E 4909 US HIGHWAY 11 SUITE 3 FOR ST. W COUNTY EROSION DIS1RICT 11/30/20 a VERO BEACH FL 3 G 67 BO RATONt FL 33432 D DOWN PHONE (772� 388-5384 PHONE (954j 421-8882 DO IV aECIID Sr MELD :- DUE a luy[Y ti FAX: (772) 388-3165 FAX: (954) 421-0425 94rEr 1 a 3 LB #4298 LFP DWC Ayr MI EXHIBIT "A" - SIRC R98 -18 2012 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 27 Line # Direction Length „1„. L2 L1 N14' 22' 29"W 2970.72' 34 —.10 I L2 S27' 39' 18"E 221.81' , 1,c,,, L3 S23' 01' 00"E 757.60' \ • t- 35 i L4 S21' 45' 01"E 999.30' • 61 DNR MONUMENT 94-77—A0 L5 S22' 40' 46"E 988.27' NAD 83/90 N=1079107.8 �� L6 S20' 27' 48"E j 974.64' E=909950.7 ATLANTIC TOWNSHIP 36S, RANGE 4iEco L7_ S20' 39' 36"E 987.46' OCEAN TOWNSHIP 37S, RANGE 41E ,cam L8 S22' 42' 50"E 972.76' Ilki NL9 S23' 29' 45"E 1008.81' �� L10 S22' 12' 18"E 940.81' 3 2 °!.—' L12 L11 S22' 16' 46"E 654.48' � L12 S19' 36' 39"E 386.32' L13 S23' 36' 20"E 977.16' �c �-" L14 S23' 57' 25"E 1104.24' -4-\11 C'- L15 S24' 26' 17"E 1082.21' j �� -`�� 12 L16 S23' 50' 11"E 803.61' L INDWARD LIMITS 11, L17 S22' 36' 27"E 1129.03' Z 10 OF CONSTRUCTION 1 �� L18 S22' 14' 48"E 1010.56' L19 S22' 36' 24"E 787.45' W cw w .�• L20 S22' 56' 21"E 1983.23° 3 c) L21 N38' 18' 07"E 26.84' ST. LUCIE COUNTY w MARTIN COUNTY POINT OF TERMINATION DNR MONUMENT — OF WEST EASEMENT LINE PL-R-1 4-9-92 1992_ N=1065595.88 NAD 83/90 L r E=916068.51 N=1065574.82 NAD 83/90 E=916051.88 L21— Of "-,,..►a.,.VHiMO �, SKETCH OF LEGAL DESCRIPTION �� Morgan :. Eklund inc. aorN�rd�oacao��"��' 9 � 35177-9 .a, �.KAs,be.r LANDWARD UNITS OF CONSTRUCTION �a PROFESSIONAL SURVEY CONSULTANT• �SMZV+- aaus �.. a" e, l +� N �Ar ' 1612�3AVENUE ` ��y� 7 SOUTH ST. LUCIE COUNTY BEACH RESTORATION �'=3000 666 M&E UIcI n 3zt exw RMNl FL 33432 _ � ` .' FOR ST. LUCIE COUNTY EROSION DISTRICT 0 - FAX: �-.3165 FAX:OM 421-0481 yV I... I LFP F d OOM Pt MT YR Of MIST LB/4296 MCt DW RN C 1n - —_ 2 v 3 10 EXHIBIT "A" : m ATLANTIC LANDWARD LIMITS OF CONSTRUCTION ',‘, `III 451114000040000 / /‘ HUTCHINSON BAY COMPANY LLC tJ 633 SE 5TH STREET PROPOSED ``30 o STUART, FL 34994 EASEMENT w6- `, / m (0.33± Ac.) a i� � OCEAN I 0 �� N O -D O MEAN HIGH WATER LINE : • W 7 ELEVATION=0.51 NAVD 88 ' \t‘.r. JANUARY 18,2012 . Z. `• `• S • a DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 3277,PAGE 550,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; E 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 FEET TO A POINT; m 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 787.45 FEET TO A POINT; I- THENCE S 22°56'21"E FOR A DISTANCE OF 1983.23 FEET TO THE POINT OF TERMINATION,HAVING COORDINATES OF NORTHING N 1,065,595.88 FEET AND EASTING OF 916,068.51 FEET,SAID POINT BEING 26.84 FEET DISTANT FROM A DEPARTMENT OF NATURAL N RESOURCES MONUMENT PL-R-1 4-9-92 1992(HAVING COORDINATES OF NORTHING 1,065,574.82 FEET AND EASTING 916,051.88 FEET NAD z 83/90)ALONG A BEARING OF N 38°18'07"E. M "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION" NOTES: N o THIS IS NOT A SURVEY. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF WAY, OWNERSHIP OR CERTIFICATE OF SURVEYOR - / HEREBY CERTIFY THAT THE INFORMATION a SHOWN HEREON IS IN ACCORDANCE WITH A RECENT FIELD SURVEY x EASEMENTS OF RECORD 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 BEUEF, 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, o COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. PURSUANT TO SECTION 472.0 7, FLORIDA STATUTES. a. n BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990. cc PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS ^Qi"I•! '. o PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. o DAVID W. COGGIN, PSM LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY PROFESSIONAL SURVEYOR AND MAPPER/ 6359 L CORPORATION. STATE OF FLORIDA x w — o Morgan & Eklund Inc. SKETCH OF LEGAL D P 3�511177--9 m PROFESSIONAL SURVEY CONSULTANTS �/y�7� �P RcO. COUNTY BEACH SOUTH J1. WVIG RESTORATION 1,=100 M 1612 NW 2ND AVENUE DUE P M&E 4909 US HIGHWAY/1 SURE 3 FOR ST. LVCE COUNTY EROSION DISTRICT 11/30/20 VERO BEACH FL 32967 BOG RATON FL 33432 PHONE: (772) 388-5364 PHONE: (954) 421-6882 CO FAX: (772) 388-3165 f4298 FAX: (954) 421-0425 °°IM If °�®LFPC r — 3 3 LBx 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. Hutchinson Ba _Company LLC Witness Signature: ,/4t�/�e� Signature: Print Witness Name: KAy b. Pe- 0 Title: A101141 ,4ift t C- Witness Signature: y„,-rua e11.Q-• Date: /Va./40a6 Print Witness Name SS%Co. ";e.oath