HomeMy WebLinkAbout21-094 RESOLUTION NO. 2021-94
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 Windmill Village
By The Sea Condominium No. 1 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, FLORID
*,)1Att B
Deputy Clerk hair
#1 i C040_
o
41,a,
m APPROVED AS TO FORM AND
CORRECTNESS:
%pity.,01000"
#Al
BY: ,
County r tto ey
St.Lucie County,Florida Coastal Storm Risk Management Project
PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT
THIS EASEMENT,made this Al day ofJ ,20 7(between Windmill Village By The
Sea Condominium No. 1 Association,Inc.,whose address is 1111 S Federal 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:
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 herebybargain,cone andgrant a perpetual and assignable easement and right-of-way in mar ' $ Y, P rP $n
o g i-m n, over, and across the land described in Exhibit "A", which is attached hereto and incorporated herein, for use by
zk m iRANTEE,its representatives,agents,contractors,and assigns to construct;preserve;patrol;operate;maintain;repair;
0 m !habilitate;and replace;a public beach a dune system and other erosion control and storm damage reduction measures
g'-0 3 )gether with appurtenances thereto,including the right to deposit sand;to accomplish any alterations of contours on said
$�N z P md; to construct berms and dunes; to nourish and renourish periodically; to move, store and remove equipment and
m g upplies; to erect and remove temporary structures; and to perform any other work necessary and incident to the
N N rn- onstruction,periodic renourishment and maintenance of the St.Lucie County,Florida Coastal Storm Risk Management
'roject,together with the right of public use and access;to plant vegetation on said dunes and berms;to erect,maintain
o nd remove silt screens and sand fences;to facilitate preservation of dunes and vegetation through the limitation of access
) dune areas; to trim, cut, fell, and remove from said land all trees, underbrush, debris, obstructions, and any other
8 m egetation, structures and obstacles within the limits of the easement;reserving,however,to the grantor(s),(his)(her)
zits) (their) (heirs), successors and assigns, the right to construct dune overwalk structures in accordance with any
pplicable Federal,State,or local laws or regulations,provided that such structures shall not violate the integrity of the
; ',une in shape,dimension or function,and that prior approval of the plans and specifications for such structures is obtained
c rom the designated representative of the Project Sponsor and provided further that such structures are subordinate to the
onstruction,operation,maintenance,repair,rehabilitation and replacement of the project;and further reserving to the
xantor(s),(his)(her)(its)(their)(heirs),successors and assigns all such rights and privileges as may be used and enjoyed
vithout interfering with or abridging the rights and easements hereby acquired;subject,however,to existing easements
or 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:
V' le By T : ea Condominium No. 1
Associat'—I'll!
Witness Signature / Signar ,
Print Witness Name . I$4 S Title �,. ,
Witness Signature f-7ti
Print Witness Name -161K /p 4)4(S 6)4
STATE OF fial.i.DI
COUNTY OF sr, /u('/,-
The foregoing instrument was acknowledged before me by means of of physical presence or online
notarization,this ;ITN day of J'ANOt fLy ,202L,by ikoBE,P-r f AbOVAMO,'WARj PROS in .ur ,of
Windmill Village By The Sea Condominium No. 1 Association.Inc.,on behalf of the corporation.He/She is personally
known to me or has produced as identification.
[NOTARY SEAL] �e
Notary Publ.
My Commission expires: JDA2/1/0-..,2--
Mod.ry Public SUM.of Florida
Sharlene F Ziaia-Mesile
My Comrnlesion GG 242384
Exp.s 10/12/2022
06 R-109 \ EXHIBIT "A"
\• \\
\ \\
\
\
R-110 \. \
\ \
CTION 2,TOWNSHIP 37S,RANGE 41E \ 2
SE TION 11,TOWNSHIP 37S,RANGE 41E \ —
\ \ 11 12
\\\
\
\ \ m m
' :
\ \ 0 n
\ \ z z
\ \ - N
\ -I 0 1" = 600 FEET
' R-111 \'\ \ N
I , , ,
.vnieO \
rx \, \
\II00 \ A A
�S m ATLANTIC
AIIIIIIIIL\M$ ‘ \
- • \\\ \ m m Fri
13 R-112 \
_ .\/////////ATA 1 \. yCONSTRUC
LANDWARD
_ __ - p -�„ ,,_ y °\ LIMITS OF
-, _ _, ,� , TION
In
la � i0�i�i: , OCEAN
��A IA� .1►����• VA. °iv �\ ,\
5--r"--\ \
Iti 414 1 .11:103.110
. .%0Ara a ■i \\\
\ \ MEAN HIGH WATER LINE
la \ ELEVATION=0.51 NAVD 88
E
v% ' �� ,� ° , JANUARY 18,2012
\ /
LI-\i‘
\V\/
o 71 /n-7 , . . i��i/
1.
!(� T ` 77, ,,0 4100 4 R-114��
ci LEGEND \
o P.O.B. = POINT OF BEGINNING N
\\ \ Pf� D MFMNAD = NORTH AMERICAN DATUM \ ( DETAIL SHEET 3)
a NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 0► \\ \ / /
W R-102 = FDEP RANGE MONUMENT(TYP) \� ��I
.g —--—--— MEAN HIGH WATER LINE AND EROSION MIA
'% ` d
a, CONTROL LINE AS LOCATED JANUARY 18,2012 Hill l / ` ��.)//11/ y�
iv
a ----------- PROPOSED LANDWARD LIMITS OF CONSTRUCTION IIIII O /- /k 1
N \
M AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION R-115 \. \ •
co o ��� PROPOSED EASEMENT AREA �I 1 \1-1 \
L
1
0
Morgan & Eklund Inc. SKETCH OF LEGAL DESCRIPTION35�1177�_9
PROFESSIONAL SURVEY CONSULTANTS
GE BY THE SEA CONDO. NO. 1 ASSOC., INC. SUS
r SOUTH ST. LUCIE COUNTY BEACH RESTORATION 1' =soo'
rn 1812 NW 2ND AVENUE '�/y� /yy EROSION DISTRICT
o M&E 4909 US HIGHWAY /1 SUITE 3 FOR ST. LUCE COUNTY DISTRICT 11/30/20
Y0. VERO BEACH FL 32987 BOCA RATON FL 33432
PHONE: (772) 388-5384 PHONE (954) 421-8882
ti FAX: (772) 388-3185 #4298 FAX: (954) 421-0425 OWN if CHEWED
neLFP ar ONE SLOWmg". 1 op 3
x LB
EXHIBIT "A"
f I SIRCR98 -18 2012
I i NAD 83/90 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
27 j Line # Direction Length
:I C< a Li N14' 22' 29"W 2970.72'
L2 N' i
i< L2 S27' 39' 18"E 221.81'
34 J1IA L3 S23' 01' 00"E 757.60'
Ski 35 L4 S21' 45' 01"E 999.30'
DNR MONUMENT 94-77-A06 L5 S22' 40' 46"E 988.27'
NAD 83/90 N=1079107.8 )11:
i L6 S20' 27' 48"E 974.64'
E=909950.7 ATLANTIC
TOWNSHIP 36S, RANGE 4 E 111°3 OCEAN L7 S20' 39' 36'E 987.46'
TOWNSHIP 37S, RANGE 41E i<� L8 S22' 42' 50"E 972.76'
<� L.9 S23' 29' 45"E 1008.81'
la 0
N L10 S22' 12' 18"E 940.81'
° Iljt.-' L12
3 2 yc„, L11 L S22' 16' 46"E 654.48'
a U' L12 S19' 36' 39"E 386.32'
m
<
v0 A Q L13 S23' 36' 20"E 977.16'
I `<� L14 I S23' 57' 25"E 1104.24'
_ -- ------ I N 7t�
- -- `<� L15 S24' 26' 17"E 1082.21'
IL:_ 1 L16 S23' 50' 11"E 803.61'
12
LANDWARD LIMITS lb 1 L17 S22' 36' 27"E 1129.03'
OF CONSTRUCTION "o �,
L510 11 t)W L18 S22' 14' 48"E 1010.56'
L19 S22' 36' 24"E 787.45'
L20 S22' 56' 21"E 1983.23'
g ; ST. LUCIE COUNTY �� L21 N38' 18' 07"E 26.84'
W 71
W .< MARTIN COUNTY
POINT OF TERMINATION
DNR MONUMENT OF WEST EASEMENT LINE
w PL-R-1 A-9-92 1992_ / N=1065595.88 NAD 83/90
N=1065574.s2 NAD 83/90 E=916068.51
r 916051.83 L21
3MIONVOlirt■NNW-:MEOW ISM/NO�I MOUE SKETCH OF LEGAL DESCRIP110N COMM ALL
m s�.w�l�nxm�m�r4UIp'
Morgan Eklund Mc. liTarg`r`w'�w�rs�o awno 35117-9
d ma,o.,«.rwdwn os.no�ia LANDWARD UNITS OF CONSTRUCTION
PROFESSIONAL SURVEY CONSULTANTS wr lower'�N �
/t 1612 NW 2ND A'thUE - /1%hez� SOUTH ST. LUCIE COUNTY BEACH RESTORATION 1 -3000
Yam
NINE vFa4°°o 15 Y329E7 9oCA MT0ld n 33432 �A '''�/' FOR ST. LUCIE COUNTY EROSION DISTRICT 11/6 0
FAX (772 JEE-S364 PHONE: (954)2421-1-048II2 �C�FAX
--
�% FA%:(772)388-3165 FAX:(954)421-0451 nMa IRvn LP' cs n�wa s ow p IWo ea ' aae d awe
LB#429E ra ee wnv, LFP !JWC Are Mn - SW 2 if 3
06 EXHIBIT "A" �.cn
i `��
i
• •r?
Jp-
N MEAN HIGH WATER LINE • `C‘ ATLANTIC
ELEVATION=0.51 NAVD 88.�
JANUARY 18,2012 i, •
451180900020008 (I
•
• AND ALL CONDOMINIUM UNIT OWNERS N°
7 WINDMILL VILLAGE BY THE SEA OCEAN
CONDO. NO. 1 ASSOC., INC. rn i
10850 S.R. A1A
N JENSEN BEACH, FL 34957 •u"
i °
I
Q.
PROPOSED
EASEMENT / /;\
0 (0.72± Ac.)c).)' LANDWARD LIMITSN��OF CONSTRUCTION °•
YYY• S �.
% • Cn
DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT
THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 3351,PAGE 1195,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
E 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
m 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
0 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
0 83/90)ALONG A BEARING OF N 38°18'07"E.
z "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION"
0
0
C
O
NOTES:
tsi THIS IS NOT A SURVEY.
- LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, OWNERSHIP OR CERI7FlCA7E OF SURVEYOR - / HEREBY C THAT THE INFORMATION
SHOWN HEREON IS IN ACCORDANCE WITH ENT FlEID SURVEY
fc c EASEMENTS OF RECORD MADE UNDER MY DIRECTION..AND THAT;/]IS TRUE AND CORRECT TO
w NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA THE
OF P SCE AS SET FD DCE_ AND 61WE'AND MEE F PROTANDARDL
a LICENSED SURVEYOR AND MAPPERCHAPTER LfL/YL1q
LAND SURVEYORS IN "S.I-T7 fY9. BOARD,
S7RATNE CODE
COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. PURSUANT 70 SECP(N W72,p29,`;ITN.
E.- BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE 4%) .
M SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990. _,A'�st� ; �,
co PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS
; /y'-E'' rr°C �
o PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT.
o DtliT Ws,;tbGG/N, . t4
LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY PROFESSIONAL SURVEYOR AND,M4PPEllltY 6359
a CORPORA11ON. ;ST$TF OF FLOE JL _y F
w `i, l b1 .
�.4 .•�'CS.: ares�vta
Morgan & Eklund Inc. SKEW OF LEGAL , 35117-9
PROFESSIONAL SURVEY CONSULTANTS VILLAGE BY THE SEA cONDo^1110�1�. INC. '°"E
410* SOUTH ST WOE COUNTY BEACH �gop�naN , -100
�` 1612 NW 2ND AVENUE FOR p� ner
E M&E 4909 US HIGHWAY#1 SURE 3 ST. LUCE COUNTY EROSION DISTRICT 11/30/20
a VERO BEACH FL 32967 BOCA RATON FL 33432
PHONE (772) 388-5384 PHONE: (954) 421-6882 BM N COMM orFELD-- OOr Or ARMY
Co FAX: (772) 388-3165 #4296 FAX: (9�544) 421-0425 LFP DWC mae�n sett 3 of 3
1 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.
W.••l ill Village By The Sea Conde - mium No. 1
Witness Signature: gnature:
Print Witness Name SR. i e:
•
Witness Signature: Date: / a lit
Print Witness Name: , 1dt�c &/(
5