HomeMy WebLinkAbout21-089 RESOLUTION NO. 2021-89
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 Miramar Royale
Condominium Association, Inc. is duly accepted on behalf of St. Lucie County Erosion District this
20th day of April, 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
U\tt 1644) BY.
Deputy Cler N4j coat, air
* '
m APPROVED AS TO FORM AND
* CORRECTNESS:
C�GNry FtA/61)P
BY:
County ttorney
C
St. Lucie County,Florida Coastal Storm Risk Management Project
PERPETUAL BLACH STORM DAMAGE REDUCTION EASEMENT
THIS EASEMENT, made this,> day of , 20/between Miramar Royale
Condominium Association.Inc.,whose address is 9950 S Ocean Dr,Jensen Bach,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.)
VITNESSETH:
WHEREAS, GRANTOR owns beachfront property described in Exhibit "A", incorporated by reference and
made a part hereof;and
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
to be the Local Sponsor for the Project,which provides for beach and dune nourishment within the South Hutchinson
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;
0. 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
oland; 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
8 construction,periodic renourishment and maintenance of the St.Lucie County,Florida Coastal Storm Risk Management
N Project, together with the right of public use and access;to plant vegetation on said dunes and berms;to erect,maintain
o and remove silt screens and sand fences;to facilitate preservation of dunes and vegetation through the limitation of access
ZN 0 g to dune areas; to trim, cut, fell, and remove from said land all trees, underbrush, debris, obstructions, and any other
g vegetation, structures and obstacles within the limits of the easement; reserving,however, to the grantor(s), (his)(her)
w ' (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
co
o ce dune in shape,dimension or function,and that prior approval of the plans and specifications for such structures is obtained
z w o from the designated representative of the Project Sponsor and provided further that such structures are subordinate to the
oLrV 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:
Miramar Royale Con 'minium Asso iation, nc
Witness Signature ./^ Signature
Print Witness .F3 e� k C� fn•fs t '� Title ,y��
Witness Signattuurey ','C ? ee%.=1�
Print Witness game ///✓ lO
W1R1/4►'
STATE OF `Zoiz,r. 4
COUNTY OF S7 / .
The foregoing instrument was acknowledged befog me b means of t'' physical presence or online
notarization,this/.1 day of yrt:.. ��202/ ,by di'` ,,f p 7 /�L j ,of
Miramar Royale Condominium Associatiofi,Inc.,on behalf of the corporation.He/She is personally known to me or has
produced 2(. ieic as identification.
[NOTARY SEAL] /?0,....t-
v •
Notary Public
My Commission exp
__ _ _ 5 - A l- Zo
- - - — - ires:
,,`.0*(1•1 , VERNON L.ROOT
1tit,- Notary Public-State of FloridaI Commission N GG 70212 `
'.ec., 3' My Comm.Expires May 17,2021
Banded through National Notary Assn.
28EIMID WEI \ \ EXHIBIT "A"
® _I II ®
® R-104 \ \
34 35 I� ® ®® \
\
NSHIP
2 LJ SECTION 35,TOSHIP 36S,RANGE 41E
SECTION 2,T ;HIP 37S,RANGE 4iE-
30\
\ \
\ \
N
\
7
o
�� R22\
\\ ATLANTIC
S:
0 , \ in = 600 FEET
L
R-106 \ \
\ \
`f \\ MEAN HIGH WATER LINE JAN
UARY
ELEVATIONNAVD 88
/// \ JANUARYRY 118,,2 2011 2
POO ‘XWO a 10
4� � OCEAN
16.
ill : iiiii �AM'S �\UN00;00;0 \ \
2`r\ �j/I/////
,/`, � I// R-107 \\ \
OW \\ \ PROPOSED EASEMENT
�j
O ` `\ (SEE DETAIL SHEET 3)
N \ \
O
Z
O
M N
2 Y R-108 (tA
o
LANDWARD
co-
N \ / OF
w °c� \�'�\ CONSTRUCTION
TRUCTION
cm I
\ k \\ \
LEGEND o
a P.O.B. = POINT OF BEGINNING NAD = NORTH AMERICAN DATUM 4;kiti,fr
o NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 ‘ \
N R-102 = FDEP RANGE MONUMENT(TYP) \
I' —--— — MEAN HIGH WATER LINE AND EROSION R-109 \ \
W CONTROL LINE AS LOCATED JANUARY 18,2012 \\\
— PROPOSED LANDWARD LIMITS OF CONSTRUCTION � `
_l AS PROVIDED BY COASTAL TECHNOLOGY CORPORATIONvez \\\
a � PROPOSED EASEMENT AREA \\-�
a
U
O
E
Morgan 8z Eklund Inc. SKETCH OF LEGAL DESCFdPION COBISM3511n7--9
a 1,� PROFE8810NAL SURVEY CONSULTANTS WIR�� ROYALE U ASSOCIATION, DOVE
w w� 1612 NW 2ND AVENUE
SOUTH ST. WOE COUNTY BEACH RESTORATION
V, E 4909 US HIGHWAY /1 SURE 3 FOR ST. LU COUNTY EROSION DISTRICT 11/3o 20
VERO BEACH FL 32967 BOCA RATON FL 33432
y PHONE: (772) 388-5364 PHONE: (954) 421-6882 DOr If CNIZIED BY FIELD sax DIN OF aw\eY
n FAX: (772) 388-3165 FAX: (954) 421-0425 sm 1 or 3
0LB 0296 LFP DWC meta -
EXHIBIT "A"
SIRC R98 -18 2012
, NAD 83/90 N=1081985.60
E=909213.27
I
POINT OF BEGINNING OF WEST EASEMENT LINE
1 NAD 83/90 N=1081789.13
j E=909316.22
Line Table
27 Line # Direction Length
L2 it�u - L1 N14' 22' 29"W 2970.72'
1
L2 S27' 39' 18"E 221.81'
34 —Is
w\' / L3 S23' 01' 00"E 757.60'
r 35 L4 S21° 45' 01"E 999.30'
DNR MONUMENT 94-77-A0p L5 S22' 40' 46"E 988.27'
NAD 83/90 N=1079107.8 r-1 L6 S20' 27' 48"E 974.64'
E=909950.7 ATLANTIC
!TOWNSHIP 365, RANGE 4�E cP
OCEAN L7 S20' 39' 36"E 987.46'
TOWNSHIP 37S, RANGE 41E VAS-- L8 S22' 42' 50"E 972.76'
r- L9 S23' 29' 45'E 1008.81'
liiiCc?:›
1 L10 S22' 12' 18"E 940.81'
3 2 . •\ L12 L11 S22' 16' 46"E 654.48'
°o V L12 S19' 36' 39"E 386.32'
72 �� L13 S23' 36' 20"E 977.16'
m �� L14 S23' 57' 25"E 1104.24'
s
— — N \11
-- L15 S24' 26' 17"E 1082.21'
j �� - < ! L16 S23' 50' 11"E 803.61'
�� 12
Z LANDWARD LIMITS �.o
L17 S22' 36' 27"E 1129.03'
OF CONSTRUCTION
10 11 �W L18 S22' 14' 48"E 1010.56'
l,�p L19 S22° 36' 24"E 787.45'
L20 S22' 56' 21"E 1983.23'
tJ0
`' ST. LUCIE COUNTY L21 N38' 18' 07"E 26.84'
---- ----- --- --- --
,.
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
F-916051.88 L21
__ ._ SKETCH OF LEGAL DESCRIPTION
Morgan ;% Eklund inc. rawi'm"�1O"' r '�'rsatua
780rOfira `� o LANDWARD LIMITS OF CONSTRUCTION 35117-9
' Cf i/G�M �`
IAD so •air,"Xr ae v nomu
Fl10r!!lIONAL SURVEY CONSULTANTS pRMIMN ...mg
* 1912 �oAvow SOUTH ST. LUCIE COUNTY BEACH RESTORATION "=3000'
M rE v "�""Fnat 000A s'"'EFL33432 � 1� �-% y FOR ST. LUCIE COUNTY EROSION DISTRICT 11/6/20
A FAX:.("72) 9-310 E4 P FM,("( 4f !2
FAX:(772)31E-3115 FM:(954)421-0451 aaw A MS ~I Ifaw I IOW r CI m Mad 2 v 3
= LB 1429E la LFP DWC me ma - war
28 EXHIBIT "A" \�
N \
y MEAN HIGH WATER LINE N
ELEVATION=0.51 NAVD 88 \ °'�
N JANUARY 18,2012 ‘0� ATLANTIC
o
S,. , �w
0o
PROPOSED EASEMENT_____S�j/
� (0.66±Ac.) Y� OCEAN
O 450270300000001 N; /Nro R
C
10 AND ALL CONDOMINIUM `Z'U '
UNIT OWNERS (/
MIRAMAR ROYALE o �c9 a „
CONDOMINIUM <1\ /t3s.,
ASSOCIATION, INC. f
9950 S OCEAN DR
JENSEN BEACH, FL 34957 N
r'�s
LANDWARD LIMITS,,,-)\ \
OF CONSTRUCTION ‘
Q
\
\ `% \
DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT
THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 680,PAGE 2817,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
E FOLLOWING DESCRIBED LANDWARD LIMITS OF CONSTRUCTION LINE;THENCE S 23°01'00"E FOR A DISTANCE OF 757.60 FEET TO A POINT;
00 a 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;
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;
N 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;
8 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
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
2 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
9 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
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
83/90)ALONG A BEARING OF N 38°18'07"E.
x "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION"
w
oi
3
v
N NOTES:
co THIS IS NOT A SURVEY.
m LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS—OF—WAY, OWNERSHIP OR CERTIFICATE OF SURVEYOR — I HEREBY CERTIFY THAT THE INFORMATION
O SHOWN HEREON IS IN ACCORDANCE WITH A RECENT FIELD SURVEY
EASEMENTS OF RECORD MADE UNDER MY DIRECTION, AND THAT IT IS TRUE AND CORRECT TO
co NNOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA THE BEST OF MY KNOWLEDGE AND BELIEF, AND MEETS THE STANDARDS
OF PRACTICE AS SET FORTH BY 7HE FLORIDA BOARD OF PROFESSIONAL
a LICENSED SURVEYOR AND MAPPER
t LAND SURVEYORS IN CHAPTER 5J-17, Z.ORIDA ADMINISTRATIVE CODE,
x COASTAL CONSTRUCTION CONTROL UNE NOT SHOWN. PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
w_
BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE
N SYSTEM. EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990.
= f✓
5 PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS �Q�/f! C_�
PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. DAVID W. COGGIN, PSM
g LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY PROFESSIONAL SURVEYOR AND MAPPER/ 5359
a CORPORATION. STATE OF FLORIDA
E
d
Morgan & Eklund Inc. SKETCH OF LEGAL DESCRIPTION 3" 17 9
�RA�AR ROYALE CONDOYNIUI ASSOCIATION, INC. '°"', PROFESSIONAL SURVEY CONSULTANTS
SOUTH ST. WCIE COUNTY BEACH RESTORATION , -200'
1812 NW 2ND AVENUE ry� �7�1 OW
M&E 4909 US HIGHWAY//1 SUITE 3 FOR ST LUCE COUNTY EROSION DISTRICT 11/30/20
VERO BEACH FL 32987 BOCA RATON FL 33432
D PHONE: (772) 388-5384 PHONE: (954) 421-8882 OWN r o�Sr �o[oar DUE Cr •
FM: (772) 388-3185 FM: (954) 421-0425 Paw 3 or 3
0 LB 0298 LFP DWC a10E NI -
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.
Miramar Royale Condominium Association, c.
r` 1
Witness Signature: r/d4' Signature: / —te,
Print Witness N e:Jci 664 '4 "-t Title: /..,, .,,-G-te-e... 74---
('
Witness Signature` Date: / .���rZ/
Print Witness Name:., -,✓ ///j-navY/e.