HomeMy WebLinkAbout21-067 RESOLUTION NO. 2021-67
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 Villa Del Sol, 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, FLORID
&A k pa, 1, A , fit/ COMA' B
Deputy Clerk 0 air
* Pc` .°-%
ra 41,
CO
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°1/41'rr,note APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County tto ney
St. Lucie County, Florida Coastal Storm Risk Management Project
PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT
THIS EASEMENT,made this 11 day of --3A J dAfZ../ ,202K,between Villa Del Sol,Inc.,whose
address is 430 NW Lake Whitney Place,Port St.Lucie,FL 34986,hercTafter 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".
Q
w
a (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.)
w o
o
LL O O
o m o WITNESSETH:
Y _
W
J N
">o WHEREAS,GRANTOR owns beachfront property described in Exhibit"A", incorporated by reference and
- z Q o made a part hereof;and
- od
w co 2 WHEREAS,GRANTEE and the Department of the Army have entered into a Project Partnership Agreement
tu
°Y o for the St.Lucie County Florida Coastal Storm Risk Management Project(the"Project-)whereby GRANTEE has agreed
J Q O County. b J b."t'd
=z m o to be the Local Sponsor for the Project,which provides for beach and dune nourishment within the South Hutchinson
Q 4 W
E�,LI°L Island reach;and
WHEREAS.as Local Sponsor for the Project,GRANTEE is required to obtain`perpetual beach storm damage
reduction"easements from owners of property in the South Hutchinson Island reach,such as GRANTOR;and
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.
NOW THEREFORE, in consideration of the mutual benefits to be derived from the permitted uses described
below and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the
Parties to this easement agree to the following:
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 Iocal 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 oE. 1 tg.1.-40
Villa Del Sol. lu .
Witness Signature Signatu:F_ 1�{�� �iPrint Witness Name S Uas
ytn/ T4"f Title Cam` -L ,v
Witness Signature�_ " A5.
Print Witness Name 1\Md S J c. Wne `
STATE OF 1 on'tin,
COUNTY OF '5-E-• t--Lk-C.'I
The foregoing instrument was acknowledged before me by means of ,ysical presence or online
notarization,this ;, day of ,.�c,., ,,Lilo ,202L w
,by L.G - &1 • I:pi/V1 c. .pre s_ ,of
Villa Del Sol. inc., on behalf of theVcorporation. HefShe is personally .,.wn me or has produced
,1( as identification.
[NOTARY SEAL]
C.
Notary Public
My Commission expires: O 5`/3/2.Z-
,. �•p$ otp� Notary°ub lc State of Florida
Rhonda C Bielefetdt
My Commission GG 216859
dr�� a Expires 05/13/2022
ol
SECTION 2,TOWNSHIP 37S,RANGE 4 E \ EXHIBIT "A"
ECTION 11,TOWNSHIP 37S,RANGE 4
•\ 11 12
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111411111111&71 \ 9
uu■I■.uIuuuuI11 0 `\ \ z z ATLANTIC
R-„2 \., 0 0 1" = 600 FEET
v.v. El I
4 ..�� .� `\' \ OCEAN
5,---\ \
, Etym. sr. • \
k �0dIP'
aft ;►�x::
\ \ R-113
_ do \
I` 'I�,�,,= LANDWARD
ZaL_,_',, , _ �\� LIMITS OF
=�: =�,I,�',= '� ` CONSTRUCTION
im
,'A°A�,� ��: R-114 \ \
-- n n�\\\\\\\\�,,�,�
J v `�`MWI.. .i100 1/ MEAN HIGH WATER LINE
\\\\\\\\\\\\\\\\\\\\\\\\\\.\\\ ///////////////// pi'' • ELEVATION=0.51 NAVD 88
•I����i l l l f f(I i f???�ll�???11 f f(I(I I I I I I I I I I JANUARY 18,2012
N = iiild ?Wy ►IIIIII)• rti�ti�V^1111111 �l/o \
N _ ToR-115 \. \\ PROPOSED EASEMENT
I I I I I I I�l I l l l l f�l 11 l i l l l l l l l l l l l l l l l l l l l l II o (SEE DETAIL SHEET 3)
- LEGEND
3 P.O.B. = POINT OF BEGINNING \•\ \
aL NAD = NORTH AMERICAN DATUM \ I��
NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988
w R-102 = FDEP RANGE MONUMENT(TYP) /` it �//fi
—-- --— MEAN HIGH WATER LINE AND EROSION 1f '
M CONTROL LINE AS LOCATED JANUARY 18,2012
a.
°; -.-'-'-'-'--'-'-'_.- PROPOSED LANDWARD LIMITS OF CONSTRUCTION
co
AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION ST.LUCIE C N Y /� W SEC 12,TP 37S,RGE 41E
O PROPOSED EASEMENT AREA MARTIN COU T SEC 13,TWP 37S,RGE 41 E
Fa
L
W
Morgan & Eklund Inc. SKETCH OF LEGAL DESCRIP11ON 3°°5117 9
14C. Ma
m PROFESSIONAL SURVEY CONSULTANTS ��I.LA �' SOL+
SOUTH ST LUaE COUNTY BEACH RESTORABON , -600
M C 1812 NW 2ND AVENUE /MR
LEI M&E 4809 US HIGHWAY /1 SUITE 3 FOR ST. LUaE COUNTY EROSION DISTRICT 1/15/21
a VERO BEACH, FL 32987 BOCA RATON FL 33432
PHONE (772) 388-5384 PHONE (954j 421-8882 MIN Or a®vn n, my ROOK 041E OF SW
co FAX ) 388-3185 FAX: (954) 421-0425 you 1 or 3
LB #4298 LFP DWC macro
EXHIBIT "A"
I
1
1
1
r I SRC R98-18 2012
WAD 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
L2 L1 N14° 22' 29"W 2970.72'
L2 S27' 39' 18"E 221.81'
34 JS, _ .
AL L3 S23' 01' 00"E 757.60'
i c- 35 L4 S21' 45' 01"E 999.30'
6r
DNR MONUMENT 94-77-A0p L5 S22' 40' 46"E 988.27'
NAD 83/90 N=1079107.8 �—� L6 S20' 27' 48"E 974.64'
E=909950.7 - ATLANTIC
TOWNSHIP 36S, RANGE 4 E ViitcP OCEAN L7 S20' 39' 36"E 987.46'
TOWNSHIP 37S, RANGE 41E T> L8 S22' 42' 50"E 972.76'
`c . L9 S23' 29' 45'E 1008.81'
O
C� L10 S22' 12' 18"E 940.81'
3 2 4,. L12 L11 S22' 16' 46"E 654.48'
OO=o' L12 S19` 36' 39"E 386.32'
��� L13 S23' 36° 20"E 977.16'
131.1 �
,.. L14 S23' 57' 25"E 1104.24'
7S
U: = ., L15 524' 26' 17"E 1082.21'
77�� L16 S23' 50' 11"E 803.61'
I_' 12
Pi' LANDWARD LIMITS L17 S22' 36' 27"E 1129.03'
OF:ANSTRUCTION �
LL 10 9' ' L18 S22` 14' 48"E 1010.56'
11111 111 L19 S22° 36' 24"E 787.45'
•
W L20 S22' 56° 21"E 1983.23'
\NT L21 N38° 18' 07"E 26.84'
Z I ST. LUCIE COUNT' I —��
W
MARTIN COUNTY
POINT OF TERMINATION
( • DNR.MONUMENT OF WEST EASEMENT LINE
PL-R-1 4•-9-92 1992 N=1065595.88 WAD 83/90
' E=916068.51
N=1065574.82 N9AD 63/90
E=916051.88 L21
.
3 SKETCH OF LEGAL DESCRIPTION
O WIN 10.0 c A'AC.MICE'!IM A.�?RIBnnta
Morgan & Eklund Inc. w uoe ur rrsma Am mu tr a n,.c.rc coma To 35117-9
"`�`7""' "°�'°�ncr.r """'"°` LANDWARD LIMITS OF CONSTRUCTION a .�,aASQ o.,t,..,,., .ono I,tit..
PROFESSIONAL SURVEY CONSULTANTS �n*1f1O'T^"'w' "o"`"L ROAM 11p1"°"N'"F...4
r w/eurn to SWIM,•rcon,nata i 577c 1"=3000'
/ SOUTH ST. LUCIE COUNTY BEACH RESTORATION
1612 NW 2ND AVENUE nor
4909 US HIGHWAY{1 SURE 3 11/6/20
M&E VEao 9E1CN FL a2De7 eoa r+ATON �3w2 �� FOR ST. LUCIE COUNTY EROSION DISTRICT
m PHONE:((7727) 388-5364 PHONE(954)421-6882 ono n w
= FAX:(772)388-3185 LB 14298FAX:(954)421-0451 n1w-s for LFP DWC Aare ra - aQr 2 or 3
' MEAN HIGH WATER EXHIBIT "A"
LINE ,
ELEVATION=0.51 NAVD 88 `
JANUARY 18,2012 —:\7------------_N
LA
N ✓f
.1 PROPOSED . //'''' ‘
y EASEMENT
17
(1.75 tAc.) N ,�, ATLANTIC
a
(PY 1. OCEAN
bGg PID#451270100000006 .
C4;) AND ALL CONDOMINIUM
UNIT OWNERS N
VILLA DEL SOL, INC. `'w
O 11000 S OCEAN DR o0
1 JENSEN BEACH, FL 34957 D.
09 LANDWARD LIMITS OF 1n
CONSTRUCTION /ST LUCIE COUNTY f�/
MARTIN COUNTY • _
POINT OF
TERMINATION
DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT
THAT PORTION OF LANDS DESCRIBED IN OR BOOK 182,PAGE 1323,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 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 787.45 FEET TO
E 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 DEPARTMENT OF NATURAL
65
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
O 83/90)ALONG A BEARING OF N 38°18'07"E.
W, "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION"
Lt
NOTES:
N THIS IS NOT A SURVEY.
CER71FICATE OF SURVEYOR — I HEREBY CERTIFY THAT THE INFORMATION
LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS—OF—WAY, OWNERSHIP OR SHOWN HEREON IS IN ACCORD4NCE WITH A RECENT FIELD SURVEY
n EASEMENTS OF RECORD MADE UNDER MY DIRECTION, AND THAT R IS TRUE AND CORRECT TO
x THE BEST OF MY KNOWLEDGE AND BELIEF, AND MEETS THE STANDARDS
W NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL
LICENSED SURVEYOR AND MAPPER LAND SURVEYORS IN cNAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE,
v PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
N COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN.
t11"-- zi
a BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE a SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990. 1 �..— --'4
m PROPERTY UNE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS
p PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. DAVID W. COGGIN, PSM
UNE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY PROFESSIONAL SURVEYOR AND MAPPER/ 6359
STATE OF FLORIDA
t CORPORATION.
x
w
Morgan & Eklund Inc. SKETCH OF LEGAL DAP 3o 5111;9
m ^ NW
PROFESSIONAL SURVEY CONSULTANTS VILLA DEL sou
ST. LUCIE COUNTY BEACH RESTORATION i„=Zoo'
274909 US HIGHWAY#1 1612 URE 3AVENUE pq
M&E
„� �IFL32967 BOCA RATON FL 33432 FOR ST. LUCIE COUNTY EROSION DISTRICT ,1,s/2,
0
PHONE (772) 388-5364 PHONE (954) 421-6882 MOWN r EY FEW Boar OPE OF SLIMY
h FAX: (772) 388-3165 #4298 FAX: (954) 421-0425 LFP DWC PACENoir 3 or 3
x LB
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.
Witness Signature: xJ'—" Villa Del Sol,Inc.
Print Witness Nam : ,S 1/444 14410/1144 S.
Witness Signature: ' 4}9�� ' J P' Title: /l,�. A �/ 1/ 2)'S
Print Witness Name: (
•
Date: �/