HomeMy WebLinkAbout21-062 RESOLUTION NO. 2021-62
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 Ocean Towers
of Hutchinson Island 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 CO NTY, FLORID
1 -``�,tY CoM�j M
1. I ,i . , a "itp B : 1(7 � - )
Deputy Cler V �sw �� V Chair
1 _
4%;•
c°°Mrr,FLoa`O' APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County A orne),r
St.Lucie County,Florida Coastal Storm Risk Management Project
PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT
THIS EASEMENT, made this day of )u f L,t , 20Z( between Ocean Towers of
Hutchinson Island Condominium Association,Inc., whose address is 1111 SE Vederal Hwy, #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.)
WITNESSETH:
A0��3
WHEREAS, GRANTOR owns beachfront property described in Exhibit"A", incorporated by reference cmi m Z 2
s
made a part hereof;and 8"
gx cr
mz
WHEREAS,GRANTEE and the Department of the Army have entered into a Project Partnership Agree] 0
for the St.Lucie County,Florida Coastal Storm Risk Management Project(the"Project")whereby GRANTEE has ag a g z
to be the Local Sponsor for the Project,which provides for beach and dune nourishment within the South Hutchi 8 m V gi
Island reach;and N o
V m
WHEREAS,as Local Sponsor for the Project,GRANTEE is required to obtain"perpetual beach storm dar o;, o
reduction"easements from owners of property in the South Hutchinson Island reach,such as GRANTOR;and CJ
0 M
x
WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damag o
GRANTOR's property and restore the adjacent beach and dune. c
m
-71
NOW THEREFORE,in consideration of the mutual benefits to be derived from the permitted uses desci
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-wa
on, over, and across the land described in Exhibit "A", which is attached hereto and incorporated herein, for us
GRANTEE,its representatives,agents,contractors,and assigns to construct;preserve;patrol;operate;maintain;re].
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:
Ocean Towers of Hutchinson Island Condominium
Association
Witness Signature ..�17L( 12&t.d l ehYl Signature, . 4. A/�C(.et'.�.
Print Witness Name etZ E •D a/-I Title - Al' '
,-'Witness Signature ^...„
Print Witness Name 4 7 4 74r in G s
STATE OF !iC Lt iL r'--
COUNTY OF nil M.--,,,(
The foregoing instrurpcnt was acknowledged be ore me by mean o, ysical presence or online
notarization,this 7'r`day of, 1(i.fU/1,2) 2021,by :6`_,i r' c L...et 1.--d� ,of
Ocean Towers of Hutchinson Island Condominium Association.Inc.,on behalf of the corporation.He4 is perso na� y
known to me has produced as identification.
[NOTARY SEAL) ,7
`--}Notary Public
rt Notary Public State of Florida My Commission expires: -2'r`�. -2t'- 4-
�+r� Lorraine come Sortino
�po ExW 0Bfm 24/2 24 018381
36 \ EXHIBIT "A"
0
\ \
C
a \ \
\
\ \
R-100A o \ MEAN HIGH WATER LINE
\\ ELEVATION=0.51 NAVD 88
C ::
JANUARY 18,2012
, ),\\
/ \
\\ \ 1" = 600 FEET
mm \ \
-I \
o
z z \ \ R-101 A
Acp
Caa \
1 1
O O
co CI, 1 \ \
2 2 P
Y
> > \ ,
ATLANTIC
z Z N \
0
m m �1 \
FA m ° \ \ OCEAN
d• R-102 -.........\ \
L p\
co \
\ \
\ \
\ \ LANDWARD
\ \ LIMITS OF
CONSTRUCTION
\ \
E R-103 \
m
co
m \ \
o
\ \ PROPOSED EASEMENT
(SEE DETAIL SHEET 3)
z v
0 ® ® ®®
2 LEGEND �� , .
2 P.O.B. = POINT OF BEGINNING / , .` '
CO — NAD = NORTH AMERICAN DATUM 9'b
co
E NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988
W R-102 = FDEP RANGE MONUMENT(TYP) R-104
3 ------ `1V?r
— MEAN HIGH WATER LINE AND EROSION
cl CONTROL LINE AS LOCATED JANUARY 18,2012 �! SEC, ION3�•TOWNSHI{'- 65,RGE-41E
m , ... \s.O. e 3'TOVIQJSHIPSi,RGE41E
——————— PROPOSED LANDWARD LIMITS OF CONSTRUCTION
\\ 'ii° ' '- �� n�`'
0.) AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION l +
03 PROPOSED EASEMENT AREA ` ��%� �� F% �.I�
ui
a T+
1kagr*AO.
Morgan & Eklund Inc. SKETCH OF LEGAL ,o' S` 7 9
DESCRIPTION, \r n�
PROFESSIONAL SURVEY CONSULTANTS OCEAN TUNERS OF HUTCHINSON ISLAND CONDO.'•1c�`,INC. 7OM`
�/y M RESTORATION 1"=600'
r 1812 NW 2ND AVENUE SOUTH ST. L� COUNTY BEACH �
P M&E 4909 US HIGHWAY//1 SUITE 3 FOR ST. LUSE COUNTY EROSIONDISTRICT 11/30/20
n VERO BEACH FL 32987 BOCA RATON FL 33432
PHONE (772) 388-5364 PHONE (954) 421-6882
w FAX: (7'72) 388-3165 FAX: (9554) 421-0425
° a ��~ MD BOOK °�OF [r 1 or 3
LB#4298 LFP DWC qNIE N¢ ow
EXHIBIT "A"
-' SIRC R98 -18 2012
NAD 83190 N=1081985.60
j E=909213.27
I
I POINT OF BEGINNING OF WEST EASEMENT LINE
NAD 83/90 N=1081789.13
I E=909316.22
Line Table
27 Line r Direction Length --
L2 _,L — L1 N14' 22' 29"W 2970.72'
pu
;A L2 S27' 39' 18"E 221.81'
34 ,1 L3 523' 01' 00"E 757.60'
I c 5.‘•
35 L4 S21' 45' 01"E 999.30'
DNR MONUMENT 94-77-A06 L5 S22' 40' 46"E 988.27'
NAD 83/90 N=1079107.881..i L6 S20' 27' 48"E 974.64'
E=909950.79 ATLANTIC
'TOWNSHIP 36S, RANGE 41E � OCEAN L7 S20' 39' 36"E 987.46'
1TOWNSHIP 37S, RANGE 41 E t>j �p L8 S22' 42' 50"E 972.76'
`( L9 S23' 29' 45"E 1008.81'
U,1�� L10 522' 12' 18"E 940.81'
° - L12
3 2 -\t L11 S22' 16' 46"E 654.48'
m=� ' L12 S19' 36' 39"E 386.32'
72 r C'�
o �R. L13 523' 36' 20"E 977.16'
13
M , L14 S23' 57' 25"E 1104.24'
,N 7.s
11111'- L15 S24' 26' 17"E 1082.21'
v�� L16 523' 50' 11"E 803.61'
,--
Ili-:4 12
LAjNDWARD LIMITS I _ L17 S22' 36' 27"E 1129.03'
I OF CONSTRUCTION
R. 10 11 'it CA L18 S22' 14' 48"E 1010.56'
,�: L19 S22' 36' 24'E 787.45'
iEll 17111 L20 S22' 56' 21"E 1983.23'
N , ,�O
Z
ST. LUCIE COUNTY L21 N38' 18' 07"E 26.84'
w MARTIN COUNTY
POINT OF TERMINATION
o
DNR MONUMENT OF WEST EASEMENT LINE
w PL-R-1 4-9-92 1992 N=1065595.88 NAD 83/90
N=1065574.82 NAD 83/90 E=916068.51
E=91 t 061fia -L21
3 .t :....-,Lm mww. ,.gym.
° Morgan . Eklund Inc. �„�.�.��...a m��m.►m •- SKETCH OF LEGAL DESCRIPTION 35117-9
PROFESSIONAL quaver coNsuLF.ANrs-J Pr ' '°~,.�.,,=�� LANDWARD UNITS OF CONSTRUCTION
;. 1512 NV/2Nu..AVEWUE
""'m" aigia.06 1 "'`SOUTH ST. LUCIE COUNTY BEACH RESTORATION 1.=3000'
M\E v "s" "�'1 ear NA7�0"/�4 F'L 3461 +;e ! y C- FOR ST. LUCIE COUNTY EROSION DISTRICT n0
, R101E(772 4 PTE:((Y54)4Y1-Q/62 C a. .
FAX:(771)3E8-31/5 FAY:(184)421-0481 me awl" ammw �c.oa sc arwa
L5/4295 �,%.,J-;,, -C t. - • LFP. DNJC w�.an - 2 • 3
36 `
EXHIBIT "A"
�/// \N
V�/� MEAN HIGH WATER LINE
353570200000007 o ELEVATION=0.51 NAVD 88
III AND ALL CONDOMINIUM UNIT OWNERS m JANUARY 18,2012
9490 S OCEAN DR N ATLANTIC
I
OCEAN TOWERS OF HUTCHINSON ISLAND No
CONDOMINIUM ASSOCIATION, INC. a
9400 S OCEAN DR �, w OCEAN
III JENSEN BEACH, FL 34957 1n
I co
1n
\_ \ \ \ \/ �� PROPOSED
��� (II
EASEMENT
// (207t Ac.)
I 353570100000004 /
L AND ALL CONDOMINIUM UNIT OWNERS ✓✓✓ R\
— \ 9490 S OCEAN DR
OCEAN TOWERS OF HUTCHINSON ISLAND
CONDOMINIUM ASSOCIATION, INC.
9400 S OCEAN DR '
( JENSEN BEACH, FL 34957
Will I I LANDWARD LIMITS `� 0.
o OF CONSTRUCTION 0crk
� 7 aw
0 Nip\
00 5\ \\
O m \1 \`
DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT
THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 352,PAGE 1846,AND BOOK 348,PAGE 2288 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;
m 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;
m 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
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
N 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
o POINT;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
O
f 83/90)ALONG A BEARING OF N 38°18'07"E.
3 "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION"
N NOTES: -,>s- .,. �.
'A 1NIS IS NOT A SURVEY. rLERjF1 TWAT THE INFORMATION
CER71F7CATE OF U, - I HEREBY."
n LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, OWNERSHIP OR SHOWN HER ¢•111i ACCORDANCE WITH A RECENT HELD SURVEY
x EASEMENTS OF RECORD RUDE D/REC77OV, AND THAT a/S TRUE AYD CORRECT TO
w "MY KNOWLEDGE.AND=.B L/EF, AND MEETS WE STANDARDS
au NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA C1TCE ASSET BY 7HE-'FL R{D4 BOARD OG=PROFESS/ONAL
LICENSED SURVEYOR AND MAPPER , SURVE(ORS IN 5J 17,F109 4 ADMINISTRATIVE CODE;
JO1' "PURS TO SECTI(YH 472.0,27,fFIR 4 STA/{Nts.
COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. = ,
N BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE ,� C"
SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990. ` �`��' a^^, ,� ti3
p PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS ,,- •^ v
PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. . , li W.'cixaw. PsiU
D LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY �'"i 70FN44LLpS�U,�RVEYOR AND MA j G359_.T'
w CORPORATION. r • 'OF nee,(y: r m
3 Morgan & Eklund Inc. SKETCH OF 13.• 'I , `'1' •`"°s ° "�
p �f�"o>v � � 35117-9
m PROFESSIONAL SURVEY CONSULTANTS
OCEAN TONERS OF HOI I.c • x. , NC. ,
rSOUTH ST. WCE COUNIt BEACH RESTORATION 1"=100'
0 4909 US HIGHWAY 11 1612 NWU2N 3AVENUE
MBE PHONE_i)a66-3 87 BOCA 64 PHONE ON4j 421-6882l.33432
3 DIVAN� FOR ST. LUCE COUNTY ROS10N DISTRICT 11 Mr
maws re kill Racy OW OF SLIMY
GO FAX (772) 388-3155 FAX: (9 ) 421-0425 LFP DVVC i��,ci
WIRY 3 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.
Ocean Towers of Hutchinson Island Condominium
[[// Association, I
Witness Si atu . ie J Signature: & ) 2d
Print Witness Name: Do till /f'A1 Pt ko�Title: jc�;!C�K�-1`( ,7Witness Signature: �,l� Date: /7 J& (0 r (9 7
Print Witness Name: ,-, 'T4. 101P-1 c s