HomeMy WebLinkAbout21-093 RESOLUTION NO. 2021-93
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 Islandia East
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
AIMK_ dvlu-
Deputy Clerk C air
OJ,At( CO4f'
sdi,
V
M Aty ;t1k Z APPROVED AS TO FORM AND
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� CORRECTNESS:
4 x
BY:
County A or ey
St.Lucie County,Florida Coastal Storm Risk Management Project
PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT
THIS EASEMENT,made this /Z day of,,f,4/Virg' --1 202/,between Islandia East Association,
Inc., whose address is 1820 NE Jensen Beach Blvd, #557, 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
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;
rehabilitate;and replace; a public beach a dune system and other erosion control and storm damage reduction measures
5 together with appurtenances thereto,including the right to deposit sand;to accomplish any alterations of contours on said
a 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
8 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
(n to dune areas; to trim, cut, fell, and remove from said land all trees, underbrush, debris, obstructions, and any other
S , vegetation, structures and obstacles within the limits of the easement; reserving,however, to the grantor(s), (his)(her)
o g (its) (their) (heirs), successors and assigns, the right to construct dune overwalk structures in accordance with any
w applicable Federal,State,or local laws or regulations,provided that such structures shall not violate the integrity of the
z N a . dune in shape,dimension or function,and that prior approval of the plans and specifications for such structures is obtained
3 w from the designated representative of the Project Sponsor and provided further that such structures are subordinate to the
Li Q z construction, operation,maintenance, repair, rehabilitation and replacement of the project; and further reserving to the
J 4 Y o grantor(s),(his)(her)(its)(their)(heirs),successors and assigns all such rights and privileges as may be used and enjoyed
i w o without interfering with or abridging the rights and easements hereby acquired;subject,however,to existing easements
5 ito 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:
Islandia East Association,Inc
Witness Signature - Signature f
Print Witness Name L. 64-1/ /I44.U/If Title 7// / —, /1L'S/
Witness Signature
Print Witness Name,,ea�'/1j Z e/lc .
STATE OF LC%//bA
COUNTY OF rnya--2-f
The foregoing instrument was acknowledged before me by means of X physical presence or , online
notarization,this/a 'lay of jyh,.K// ,2024 ✓F/ c/J
,by 2.,Ct. - GTE ,of
Islandia East Association, Inc., on behal of the corporation. He/She is personally known to me or has produced
as identification. '
[NOTARY SEAL]
� Gt —C1`✓ZE' --
Notary Public
My Commission expires:en .9/2c•„2-,3
EPublic Of Florida
I KelleyMy Commission GO sa»ete
a Expires o�12023
j35
EXHIBIT "A"
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100A \
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\ LANDWARD
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�� LIMITS OF
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\ 1" = 600 FEET
MO 1-
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R-102 \
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ek
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OCEAN
\ \\
\ \\
\
\ MEAN HIGH WATER LINE
R-103 \. ELEVATION=0.51 NAVD 88
�\ JANUARY 18,2012
\® \‘9."7 ,,7 °o�a
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Ham l ® R-104 \` \ PROPOSED EASEMENT
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> SECTION 35,TOWNSHIP 36S,RANGE 41E 34 35 ® ilium ®® \ (SEE DETAIL SHEET 3)
z° SECTION 2,TOWNSHIP 37S,RANGE 41E 3 2 \H \��
1 N
7 LEGEND
P.O.B. = POINT OF BEGINNING 4)110,
cn
NAD = NORTH AMERICAN DATUM
a , NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 N
-1, R-102 = FDEP RANGE MONUMENT(TYP) S �
a —--—--— MEAN HIGH WATER LINE AND EROSIOdi N
o CONTROL LINE AS LOCATED JANUARY 18, 2012 a
01 a 1: \
----------- PROPOSED LANDWARD LIMITS OF CONSTRUCTION `D
7.)
AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION \
co
in PROPOSED EASEMENT AREA R-105 \` \
n 94 87 A05 \. \
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1 Morgan & Eklund Inc. SKETCH OF LEGAL DESCRIPTION °��°""'
ISLANDIA I CONDOMINIUM ASSOCIATION INC. & 35117-9
PROFESSIONAL SURVEY CONSULTANTS ISLANDIA II CONDOMINIUM ASSOCIATION INC. 1.' ILE_ 0,
q� 1812 NW 2ND AVENUE SOUTH ST. LUCIE COUNTY BEACH RESTORATION 011E
o MICE 4909 US HIGHWAY 11 SUITE 3
a VERO BEACH FL 32967 BOCA RATON FL 33432 FOR ST. LUCIE COUNTY EROSION DISTRICT 11/30/20
w PHONE: (772) 388-5384 PHONE: (954) 421-6882
FAX: (772) 388-3165 /4298 FM: (954) 421-0425 ° IN If �cn
� C MD NOM °"°F Y 1 ac 3
I
EXHIBIT "A"
r I SIRC 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
L2 1 L1 N14' 22' 29"W 2970.72'
AA L2 S27' 39' 18"E 221.81'
34 .-3,
14 L3 S23' 01' 00"E 757,60'
! 35 L4 S21' 45' 01"E 999.30'
,DNR MONUMENT 94-77-A0 rn L5 S22' 40' 46"E 988.27'
NAD 83/90 N=1079107.8 r� L6 S20' 27' 48"E 974.64'
E=909950.7 TOWNSHIP 36S, RANGE 4E , ATLANTIC
�c9 OCEAN 1 L7 S20' 39' 36"E 987.46'
,TOWNSHIP 37S, RANGE 41iE Tic) 1 L8 S22' 42' 50"E 972.76'
ti
` ' L9 S23° 29' 45"E 1008.81'
N,O
C. L10 S22' 12' 18"E 940.81'
3 2 0!\ �12 L11 S22' 16' 46"E 654.48'
=I
�' L12 S19' 36' 39"E 386.32'
7 \(
c, A Q L13 S23' 36' 20"E 977.16'
tC: L14 S23' 57' 25"E 1104.24'
1 �
•`` L15 S24' 26' 17"E 1082.21'
T 151
7_IL L16 S23' 50' 11"E 803.61'
'II--4 12
L NDWARD LIMITS L17 S22' 36' 27"E 1129.03'
10 OF�ONSTRUCTIOII ' ��
y L18 S22' 14' 48"E 1010.56'
L19 S22' 36' 24"E 787.45'
lik
T 4, iii L20 S22' 56' 21"E 1983.23'
Co
z I ST. LUCIE COUNTY 1
'AO L21 N38' 18' 07"E 26.84'
w MARTIN COUNTY
POINT OF TERMINATION
° DNR MONUMENT OF WEST EASEMENT LINE
Wr, A PL-R-1 4-9-92 1992 N=1065595.88 NAD 83/90
N=1065574.82 NAD 83/90 E=916068.51
E=916051.38 I ;
3 CI -/I��p►MrIlla� SKETCH OF LEGAL DESCRIPTION °°"o"'"
Morgan Eklund Inc. """'®""" �'"`o"')°"'w 351tt-s
6.3 8 p r lydc1 M Immo%.w X1PT D i ai•QApa1'p
"`�""'°"""°ow,mA Arm or LANDWARD LIMITS OF CONSTRUCTION
�..a�r,p a,a.,...p�pllpl�,�.� .W
PROFESSIONAL SURVEY CONSULTANTS p „p M � ��
AuunwSOUTH ST. LUCIE COUNTY BEACH RESTORATION 1 -3000
o r .'� 1e12 IN 2ao AVEMIE pt
Y MrE' ho°°e.so�� BOLA �33432 +/'��' Z I FOR ST. LUCIE COUNTY EROSION DISTRICT 11/arzo
PFIOIE 3EE-S364 PHOIE:(N4 421-EEE2 ar p rs ar er MOM III �o Boa .oar ar awio
FAX )3E6-3165 FM:(954)421-0461 i!eswa° p ppy�v/m 2 or 3
LB/4298 forar!usM LFP I)WC Aro MX
35 •
N kY�„/ o EXHIBIT "A"
•� �� .1 No'A MEAN HIGH WATER LINE
`9
Ok j ELEVATION=0.51 NAVD 88
$,:' m JANUARY 18,2012
.j a
N AaATMNTIC
O .//Cc\
no A PROPOSED
EASEMEKT OCEAN
000 O 0.97t Ac.) N� N
co 441100N.30_ ,0,0 :
450221100010008
AND ALL CONDOMINIUM UNIT OWNERS >0°
ISLANDIA I CONDOMINIUM ASSOC., INC. ,jo,
ISLANDIA II CONDOMINIUM ASSOC., INC. //� 0
9550 S OCEAN DR l'/ R,
JENSEN BEACH, FL 34957
•
LANDWARD LIMITS OF N
�0
CONSTRUCTION • // a
\ V.
DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT
THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 391,PAGE 662,BOOK 397,PAGE 2862,AND BOOK 451,
PAGE 2037,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
8 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
co
o 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
N 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
o 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.
"SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION"
NOTES:
N
. This IS NOT A SURVEY.
- LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, OWNERSHIP OR CERIIFlGTE OF SURVEYOR - I HEREBY CERTIFY THAT THE INFORMATION
.3 SHOWN HEREON IS IN ACCORDANCE WITH A RECENT FIELD SURVEY
x EASEMENTS OF RECORD MADE UNDER MY DIRECTION, AND THAT IT IS TRUE AND CORRECT TO
w NOT 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 THE FLORIDA BOARD OF PROFESSIONAL
LICENSED SURVEYOR AND MAPPER
v LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE,
N: COASTAL CONSTRUCTION CONTROL UNE NOT SHOWN. PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
o
- BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE l.� q/�� 49
v SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990.
o PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS :fr,--A--
PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT.
10 DAVID W. COGGIN, PSM
M UNE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY PROFESSIONAL SURVEYOR AND MAPPER/ 6359
2 CORPORATION. STATE OF FLORIDA
x
w
Morgan & Eklund Inc. SKETCH OF LEGAL DESCRIPTION 3511
°°' �Na
9
ISLANDIA I CONDOMINIUM ASSOCIATION INC. &
P R O F E 8 8 I O N A L S U R V E Y CON 8 U L T A N T S ISLANDIA II CONDOMINIUM ASSOCIATION INC. 1",'°00'
P" 1812 NW 2ND AVENUE SOUTH ST. WOE COUNTY BEACH RESTORATION „,f
yM&E VET US HIGHWAY 22987 BOCA SURE FL 33432 FOR ST. WOE COUNTY EROSION DISTRICT 11/30/20
PHONE 2) 388-5384 PHONE: (954) 421-6882
D FAX: ) 388-3185 FM: (954) 421-0425 WIN BY ��~ RAD�0°r °�Or�rwar sm 3 pr 3
LB #4298 LFP DWC nitifNst -
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.
Islandia East Associ tie c.
Signature: G� _'_}_/`
Witness Si gn Signature: L_�LJ'";�'��/4
Print Witness Name: C_t?_72- c)/1/ Title: /4 C /9/' -.5-.A 1-7--
Witness Signature: Date: (r / L--, i
Print Witness Name: 0/36& `,,,4441)5