HomeMy WebLinkAbout21-060 RESOLUTION NO. 2021-60
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 The Miramar
Condominium Association, 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
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Deputy Clerk Chair
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APPROVED AS TO FORM AND
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CORRECTNESS:
COUNTY,noio°'
BY:
County Att rn
St. Lucie County, Florida Coastal Storm Risk Management Project
PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT
-ri
THIS EASEMENT, made this LP day of , 20A, between The Miramar
Condominium Association. Inc., whose address is 1111 SE Federal H , uite 100, 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.) rn
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WITNESSETH: $c rr-
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WHEREAS, GRANTOR owns beachfront property described in Exhibit"A", incorporated by reference a n g z F
made a part hereof;and g rn
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WHEREAS,GRANTEE and the Department of the Army have entered into a Project Partnership Agreemt
for the St.Lucie County,Florida Coastal Storm Risk Management Project(the"Project")whereby GRANTEE has agre o
to be the Local Sponsor for the Project,which provides for beach and dune nourishment within the South Hutchins o
Island reach;and m
WHEREAS,as Local Sponsor for the Project,GRANTEE is required to obtain"perpetual beach storm dam; m c
reduction"easements from owners of property in the South Hutchinson Island reach,such as GRANTOR;and c
WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage
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 descri
below and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,
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 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:
The Miramar Co minium Association,Inc.
diWitness Signature (4-t) Q' Signatur Y(1:
Print Witness Name f`nbed •RQ CS Title C—L d.t
Witness Signature
Print Witness Nam@Ss,ct _
STATE OF I 01,—j Cl�✓
COUNTY OF CAA
The foregoing instru nt was acknowledged before me by means of ysical presence or online
notarization,this day of ,202 1 ,by lb r1 y-h t3�ji- ,of
The Miramar Condominium Association, c., on behalf of the corporatio (+he is personally known to me or has
produced as identification.
[NOTARY SEAL] Nst
4.0 Notary Public Stated Florida ry Public
Lorraine Sortino My Commission expires:D.A..5 ,„)O-21-/
My Commission NH 018381 .
Nm op*, Expires 0824/2024
25 ® ® ®® • % EXHIBIT "A"
® 91 93
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5 ® IIIIIIII111 ®® R-104--..�
•N 35 T• SHIP 36S,RANGE 41E
U SECTION 2,TO .HIP 37S,RANGe4 E
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R-105 \ \ 1" = 600 FEET
0
d \
O \ \ MEAN HIGH WATER LINE
`co \ \ ELEVATION=0.51 NAVD 88
\ \ JANUARY 18,2012
\
R-106 \. \
\ \
\ ATLANTIC
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4. �..��� „`\` OCEAN
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\ LANDWARD
�\ LIMIT$'OF CO►yST �IQT ON
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o P.O.B. = POINT OF BEGINNING % `U .• z '
N NAD = NORTH AMERICAN DATUM o
t NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 c
w R-102 = FDEP RANGE MONUMENT(TYP)
a
$ ------- MEAN HIGH WATER LINE AND EROSION \. \
CONTROL LINE AS LOCATED JANUARY 18,2012 `"\ `
Er- - PROPOSED LANDWARD LIMITS OF CONSTRUCTION R-tos�\
mAS PROVIDED BY COASTAL TECHNOLOGY CORPORATION \\ \\
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j/�j PROPOSED EASEMENT AREA `'\ \
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Morgan & Eklund Inc. SKETCH OF LEGAL DESCRIPTION3° 5117-9
Et; THE lPROFE8810NAL BURYET CONBULTANTB AR �� ASSOCIATION, "�
_ SO M 1"=600'
RESTORATION
1612 NW 2ND AVENUE Ito J'' BEACH WCE COUNTY
xM&E vE 4909 US HIGHWAY FL 2967 Boca SURE F3L 33432 FOR ST. LUCE COUNTY EROSION DISTRICT 11/on0
PHONE: 2) 388-5384 PHONE (954j 421-8882
N FAX: ) 388-3165 FAX: (954) 421-0425 °"�a om�a �°•°°r °O�•` r amp 1 Of 3
LB #4298 LFP DWC wow NO.
EXHIBIT "A"
1 1 SIRC R98 -18 2012
NAD 83190 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
I
1 27 I Line # Direction Length
-- L1 N14' 22 29
p ' "W 2970.72'
L2 _ �;
;r
S i 12 S27' 39' 18"E 221.81'
34 1
L3 S23' 01' 00"E 757.60'
I ta. 35 L4 S21' 45' 01"E 999.30'
DNR MONUMENT 94-77-A0p L5 S22' 40' 46"E 988.27'
NAD 83i90 N=1079107.89 <--
-I L6 S20' 27' 48"E 974.64'
E=909950.79 ATLANTIC
TOWNSHIP 36S, RANGE 4'�E r� OCEAN L7 S20' 39' 36"E 987.46'
TOWNSHIP 37S, RANGE 411E 1 s L8 S22' 42' 50"E 972.76'
`(- L9 S23' 29' 45"E 1008.81'
O
U)`1'� L10 S22' 12' 18"E 940.81'
3 f 2 �j L12 L11 S22' 16' 46"E 654.48'
p�`� L12 S i 9' 36' 39"E { 386.32'
I 7� L13 S23' 36' 20"E 977.16'
7�--, L14 S23' 57' 25"E 1104.24'
�. - --- L15 S24' 26' 17"E 1082.21'
7: _61
1 7 L16 S23' 50' 11"E 803.61'
ilk-"-t, 12
L 'NDWARD LIMITS L17 522' 36' 27'E 1129.03'
Z OF CONSTRUCTION .rl►��
10 11 etCP L18 S22' 14' 48"E 1010.56' .::: ,
L19 S22' 36' 24"E 787.45'
Its
= I j L20 S22' 56' 21"E 1983.23'
ST. LUCIE COUNTY I
�ax
�O L21 N38' 18' 07"E 26.84'
_ 1A
Ew
w MARTIN COUNTY
POINT OF TERMINATION
DNR MONUMEN1 OF WEST EASEMENT LINE
w PL-R-1 4-9-92 1992 N=1065595.88 NAD 83/90
N=1065574.82 NAD 83190 E=916068.51
F:-916051.88 o1
--�M► SKETCH OF LEGAL DESCRIPTION MINIM MI
m Morten & Eklund Inc. ,; ',. ., ▪„r w u 351 M
"` '" °▪ �"' LANDWARD LIMITS OF CONSTRUCTION
s wwvsr,r. a. i "
�NO�!lIIONAL SURVEY CONSULTANT* v+gg,��wp� io ��^� �`
IA ,aoa us�wnwr 1012 sAVDi ^T 'L7/i 0' H ST. LUCIE COUNTY BEACH RESTORATION 1'-3000'
MBE vmo FL sa , BOC RAlON5ITE 1 3wx 'Y FOR ST.`'LUCIE COUNTY EROSION DISTRICT 11•20
FAX:(772)3ES-71 I FAX(1164)421-0161 r1.'"4' ,a[Y' es a pro 7 aor v sw�v
LB/429E _ ' C"� ^= �� �' �`y,LFP ON.0 Mr/n - 2
-< ,3oLO!` umoo c'
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25 EXHIBIT "A" ;
N
1
MEAN HIGH WATER LINE `• �`"
N ELEVATION=0.51 NAVD 88 �x %
•13 JANUARY 18,2012 \
N
`I/: (
17 450270100000005 1.
ti
AND ALL CONDOMINIUM •/ a� ATLANTIC
( 51
UNIT OWNERS 1n
THE MIRAMAR CONDOMINIUM
p ASSOCIATION, INC.
G� 10000 S OCEAN DR N1'u;. N
PO BOX 1129 �l� ap OCEAN
Ll JUPITER, FL 33468 a� 01
CO 1n•� a(
/ PROPOSED
0 N EASEMENT
'21N
0LANDWARD LIMITS�..\ ` (0.7*AC.)
OF CONSTRUCTION 1
-` cP fi
1
1
N
XX ���o
DESCRIPTION OF PROPOSED CONSTRUCTION EASEVENT
THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 358,PAGE 1745,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
E 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
i 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 A
POINT;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
8 83/90)ALONG A BEARING OF N 38°18'07"E.
g "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION"
c
0
2
3 NOTES:
, r`
THIS IS NOT A SURVEY. :r
cv CERTIFICATE OF SURVEYOR -1 HEREg-'CER7/FY THAT THE INFORMATION
n LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS—OF—WAY, OWNERSHIP OR SHOWN HEREON IS IN ACCORDANCE.WITH A RECENT FIELD SURVEY
x EASEMENTS OF RECORD MADE UNDER MY DIRECTION, AND"I7AT IT IS TRUE AND CORRECT TO
w NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA THE BEST OF MY KNO�ECAWQ BELIEF, AND MEETS THE STANDARDS
of OF PRACTICE AS SET 'BY THE FLORIDA BOARD OF PROFESSIONAL
UCENSED SURVEYOR AND MAPPER
v LAND URVEYO 'R�t CHAPTER 5,1 17, FL•OMDA ADMIN/SWATIVE CODE,
v
n COASTAL CONSTRUCTION CONTROL UNE NOT SHOWN. PURS[ /T TO?TlON•'f72.Q27 FEORID4
s �• tr
m BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE le. .�,;� ,' I' �-',
M SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990. r< �! y ,
o PROPERTY UNE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS ' 2jr/�¢2
PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. ` t J 3
,0 --'DAVID fly COGGIN, PSM f
UNE DEPICTING LANDWARD UMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY , OFESSION4L SU AND,jIfER` 8359
CORPORATION. , °S ATr OT FF o C;
w ,
r.
3 Morgan & Eklund Inc. SKETCH OF '�.' yy� " e., ° ' 17.Na
o �}�,��� ac 35117.9•
PROFESSIONAL SURVEY CONSULTANTS NE MIRAMAR CONDO AJ JWAfl , `-J°�
.+"-1"=200'
r• 1612 NW 2ND AVENUE SOUTH ST LSE C N BEACHRESTORATION ' --, --
E M&E 4909 US HIGHWAY#1 SUITE 3 FOR ST. ` COUNTY EROSION DISTRICT - ,E .'° 11/30/200. VERO L 32967 BOCA RTONL 3342 ;>,a PHONE (77 388-5364 PHONE: (954) 421-6882
y FAX: (772) 388-3165 LB �4298 FAX: (954) 421-0425 aww a OWED a `n ..,,soot Or saner sorer 3 or 3
2 -
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.
The Miramar Condominium Asso ' , nc.
Witness Signature: r/ ( J awls Signatur ` l/ P
Print Witness Name: K; OQ Title: it e {' a J
Witness Signature: , Date: l/ 6 7 2—
Print Witness Name: