HomeMy WebLinkAbout21-063 RESOLUTION NO. 2021-63
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 Holiday Out at
St. Lucie, a Condominium 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
klAtt /1/t:1)1k 13,10`
.
Deputy Clerk 00 CoMist Chair
414-a‘
a Z
4
� ti APPROVED AS TO FORM AND
c0�pry F�clao'• CORRECTNESS:
C�
BY: L)/1
County A or ey
St.Lucie County,Florida Coastal Storm Risk Management Project
PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT
THIS EASEMENT,made this 423 day of j ee e/f e7L,20 between Holiday Out At St.Lucie,
A Condominium,whose address is 10725 S Ocean Dr.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
0
I-- 0 WHEREAS, GRANTEE and the Department of the Army have entered into a Project Partnership Agreement
U 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
ri
o Island reach;and
� o
0 o g WHEREAS,as Local Sponsor for the Project,GRANTEE is required to obtain
1, pq "perpetual beach storm damage
re7 reduction"easements from owners of property in the South Hutchinson Island reach,such as GRANTOR;and
J y N
O
> W o WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage to
J o-a 2 GRANTOR's property and restore the adjacent beach and dune.
WLLI
coin 0 NOW THEREFORE,in consideration of the mutual benefits to be derived from the permitted uses described
-I-0 co
I 'a O 5 below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
_ m°o Parties to this easement agree to the following:
—uJ
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 d ered
in the presence of: Cli60-(Y0 _
n,, ,nHoliday Out A '' 'Iuc�'e,A ndimini
Witness SignatureC im Signature ,C�`
Print Witness Nam aU' V 1`O°'C� Title pees/Day/
Witness Signature 1'\kk-Jr04
Print Witness Name M(CMU+C Vr... t'
STATE OF El 0 r i tla
COUNTY OF c , L.u.c..- A_
The foregoing instrument was acknowledged before me by means of physical presence or online
notarization,this 2$ day of b_fo e Mb e✓ ,202 0,by L i 5 Q —6 o n u. ( 0-- ,of
Holiday Out At St.Lucie,A Condominium,on behalf of the corporation.He/She is personally known to me or has
produced r . I. it,e, ,_ as identification.
[NOTARY SEAL] c.
Notary Public
My Commission expires:
�4..0•cy, Notary Public State of Florida
` Lisa Bonura
o My Commission GG 223725
.' Expires 05/31/2022
08 \ EXHIBIT "A" 1
\
\
R-109�\
\
\ \
\
\'�MEAN HIGH WATER LINE
ELEVATION=0.51 NAVD 88
R-110\`'\\` JANUARY 18,2012
CTION 2,TOWNSHIP 37S,RANGE 41E \ 2
SE TION 11,TOWNSHIP 37S,RANGE 41E } 11 12
LANDWARD
IMITS U
. C
CONSTRRUCTION
y
1" = 600 FEET
\-.. ........___(_i_i ,.),\ \
cn cn
R-111 \ m n
III 1 z z ATLANTIC
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♦ N 0 04117;110
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\1`\�r%.1�� \\ R-113
t I,„„If I.14 vii \
W ==;,�i����I�,= PROPOSED EASEMENT
3 \ (SEE DETAIL SHEET 3)
LEGEND /iQ�
P.O.B. = POINT OF BEGINNING O O� ��/���
NAD = NORTH AMERICAN DATUM �,,���,,I�I. �/
- NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 ilk 4,��� R-114co
R-102 = FDEP RANGE MONUMENT(TYP) NA� 0• �'/" A0� I
—-- - - MEAN HIGH WATER LINE AND EROSION
���,� At it
w CONTROL LINE AS LOCATED JANUARY 18,2012 „"``���,%� �/�/
---•--•------ PROPOSED LANDWARD LIMITS OF CONSTRUCTION \\\�,� ,1' e
_I AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION \
a PROPOSED EASEMENT AREA Ilk \
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Morgan & Eklund Inc. S OF LEGAL DESCRI11ON 3°°519
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PROFESSIONAL SURVEY CONSULTANTS NH1O7LIlDA�Y OUT
V�ATVSIITWL7UVCE,, AyCONOO UINI�UtMdD011M W
m r 1612 NW 2ND AVENUE SO �f7 ST. WHG VWN T 1 BEAC 1 RESTORATION
1'�=600'
g M&E 4909 US HIGHWAY#1 SUITE 3 FOR ST. WOE COUNTY EROSION DISTRICT 11/0/20
VERO BEACH FL 32967 BOCA RATON FL 33432
S PHONE (772) 388-5364 PHONE: (954) 421-61382 paw sr h aIEaID sr FIELD FIELD BOOK ( DOE a surrey
FM: (772) 388-3165 /4298 FAX: (954) 421-0425 LFP DWC Fwraa I shun 1 or 3
U LB
EXHIBIT "A' I
SRC R98-18 2012
NAD 83/90 N=1081985.60
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
rL2 _� ,ii -- --- L1 N14' 22' 29"W 2970.72'
,--11),c,. I L2 S27' 39' 18"E 221.81°
34 J1 r - - -
C-5N L3 S23' 01' 00"E 757.60'
, 35 L4 S21' 45' 01"E 999.30'
DNR MONUMENT 94-77-A06 I L5 S22' 40' 46"E 988.27'
NAD 83/90 N=1079107,8 �_..1 L6 S20' 27' 48"E 974.64'
E=909950.7 ATLANTIC -- -
TOWNSHIP 36S, RANGE 4 E
�cP OCEAN L7 S20' 39° 36"E 987.46'
TOWNSHIP 37S, RANGE 41E > L8 S22' 42' 50"E 972.76'
itt
likr- L9 S23° 29' 45"E 1008.81'
O
r„ L10 S22' 12' 18"E 940.81'
3 2 ' -iik�—L12 L11 522' 16' 46"E 654.48'
C1 Imo' L12 S19' 36' 39"E 386.32'
‘3‘ L.13 S23' 36' 20"E 977.16'
�� L14 S23' 57' 25"E 1104.24'
- -- ---- — -- f) L15 S24' 26' 17"E 1082.21'
77 I 12 L16 S23' 50' 11"E 803.61'
I
LANDWARD LIMITS L17 S22" 36' 27"E 1129.03'
OF CONSTRUCTION � ,> --
10 1 W L18 S22' 14' 48"E 1010.56'
I �� L19 S22' 36' 24"E 787.45'
v L20 S22' 56' 21"E 1983.23'
w ST. LUCIE COUNTY O L21 N38' 18' 07"E 26.84'
w MARTIN COUNTY
POINT OF TERMINATION
a
DNR MONUMENT OF WEST EASEMENT LINE
w PL-R-1 4.-9 2 1992 , N=1065595.88 NAD 83/90
N=1065574.82 NAD 83/90 E=916068.51
E-:916051.88 L 21-
- -�,.a..oa.-.a,.�=r— SKETCH OF LEGAL DESCRIPTION ate,.
Morgan & Eklund Inc. D°"Aral. �"a"a.a amr"eD1au'
9 wor u+s�w�t.�?1(.YO MIT V l AL MO m1iT A 351179
ar.or9Fw rta.arantm.xa.nam LANDWARD LIMITS OF CONSTRUCTION
a'I..�v..ORlNlnt=4 . nom.
PHOFE8610NAL SURVEY CONSULTANTS �����• ,� � t••--�soEoo•
,' � 1612 NW 2ND AVENUE ""/0' SOUTH ST. LUCIE COUNTY BEACH RESTORATION
11, M&E +" '"3187 9DG RA ON .33432 .-��y i FOR ST. LUCIE COUNTY EROSION DISTRICT 716/o
PHONE(772)38B-53E4 PHONE(954)421-6BB2 aura omm w rno m ar w awrr
�% FAX:( 2)388-3186 FAX:(954)421-0451 6 fa i�y
r LB#4298 Mx o!tam' I LFP DVVC raw la - mu 2 or 3
43W' EXHIBIT "A"
11,„..„,..... (5)\
N
,: `� " � � ATLANTIC�V7 o
LANDWARD LIMITS
•
(INW
OF CONSTRUCTION
.�451150100010006N
AND ALL CONDOMINIUM UNIT ,�z T.)�1 40°;laOWNERS / w OCEAN
HOLIDAY OUT AT ST LUCIE,
A CONDOMINIUM N r/ ,
111111 10725 S OCEAN DRIVE N° .
JENSEN BEACH, FL 34957
6'- - / tJ
` o
PROPOSED ,, `-°-
EASEMENT / �'
/////// 000**\
(1.72± Ac.) •
MEAN HIGH WATER LINE-- T,,D.
ELEVATION=0.51 NAVD 88 \
JANUARY 18,2012
DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT
THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 168,PAGE 1348,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 FASTING 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;
E 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;
N 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;
m 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;
N 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;
N 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 FEET TO A POINT;
o 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;
Si THENCE S 22°56'21"E FOR A DISTANCE OF 1983.23 FEET TO THE POINT OF TERMINATION,HAVING COORDINATES OF NORTHING
0 1,065,595.88 FEET AND EASTING OF 916,068.51 FEET,SAID POINT BEING 26.84 FEET DISTANT FROM A DEPARTMENT OF NATURAL
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
N 83/90)ALONG A BEARING OF N 38°18'07"E.
- "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION"
E
X
m
cA NOTES:
El: THIS IS NOT A SURVEY.
W
° LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, OWNERSHIP OR CER77FICA1E OF SURVEYOR - 1 HEREBY CERTIFY THAT THE INFORMATION
EASEMENTS OF RECORD SHOWN HEREON IS IN ACCORDANCE WITH RECENT FIELD SURVEY
cC MADE UNDER MY DIRECTION, AND THAT IT IS TRUE AND CORRECT TO
m NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA THE BEST OF MY KNOWLEDGE AND BELIEF, AND MEETS THE STANDARDS
LICENSED SURVEYOR AND MAPPER OF PRACTICE AS SET FORTH BY PIE FLORIDA BOARD OF PROFESSIONAL
LAND SURVEYORS IN CHAPTER 5J--17, FLORIDA ADMINISTRATIVE CODE,
traw COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. PURSUANT TO SECTION 472.027 FLORIDA STATUTES.
M BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE l�j—,�G �
N SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990.
y PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS '
a PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT.
a' DAVID W. COGGIN, PSM
3 LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY PROFESSIONAL SURVEYOR AND &PPPER 6359
a CORPORATION. STATE OF FLORIDA
E
d
COMIISSIMorgan & Eklund Inc. SKETCH OF LEGAL DESCRIPTION 35117-9
ro
PROFESSIONAL SURVEY CONSULTANTS To
HOLIDAY OUT AT ST LUCIE, A CONDOMINIUM SOME
1"-200'r ^* 1812 NW 2ND AVENUE SOUTH ST. LUCIE COUNTY BEACH RESTORATION
M&E 4909 US HIGHWAY 1 SUITE 3 FOR ST. LUCIE COUNTY EROSION DISTRICT 11/0/20
VERO BEACH FL 32967 BOCA RAYON FL 33432
y PHONE: (772) 388-5364 PHONE (954) 421-6882
D FAX: (772) 388-3165 FAX: (954) 421-0425 DO °Y om�u°Y HBO
BOOK 041F OF SPIKY
:3LB #4298 LFP DWC MOENO - soy 3 OF 3
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.
Holiday Out A •cie,A Condo inium
Witness Signature: 1114)14,_ Signature: aGzei
Print Witness Nam b D `'`420'Se- Title: ,Pf/A £iV r
Witness Signat�rc:' Date: /ate — -�daU
Print Witness Name:L`4(Y1 t./iU(1So r‘ ��'�/�
Hi CAQI.
I2/ e 2oLD