HomeMy WebLinkAbout21-104 RESOLUTION NO. 2021-104
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 Regency Island
Dunes 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
}0114nl B
DeputyClerk J��� CO4f,_ . C it
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m
�Gc' tir APPROVED AS TO FORM AND
•cboNrr FLA� f CORRECTNESS:
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 S day of r.•�ar , 20Z1, between Regency Island Dunes
Association,Inc.,whose address is 8640 S Ocean Dr,Jensen Beach,FL4957,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:
w
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
ui o 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
N W construction,periodic renourishment and maintenance of the St.Lucie County,Florida Coastal Storm Risk Management
,75 o Project,together with the right of public use and access;to plant vegetation on said dunes and berms;to erect,maintain
o
g and remove silt screens and sand fences;to facilitate preservation of dunes and vegetation through the limitation of access
L .z to dune areas; to trim, cut, fell, and remove from said land all trees, underbrush, debris, obstructions, and any other
4 Y o vegetation, structures and obstacles within the limits of the easement;reserving,however,to the grantor(s), (his)(her)
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w g o (its) (their) (heirs), successors and assigns, the right to construct dune overwalk structures in accordance with any
3 Lt o 2ej 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:
Regency Isl d une • '6n,Inc.
(4
Witness Signature ,{-c Signatur
A
Print Witness Name S4 - /d -C/G� Title
Witness Signature
Print Witness Name D4 Ht -ar
STATE OF FCor i wk.
COUNTY OF 3+. i e_
The foregoing instrument was acknowledged before me by means of physical presence or online
notarization,this 2-Z day of,1�0 -1 ,202 by us- 11 L ,of
Regen y Island Dunes Association,Inc.,on behalf of the corporation.He/She is personally known to me or has produced
yLJ._ 0 1— as identification.
[NOTARY SEAL]
ya• ry ub State of Florida Notary Public
Nota ///
Lisa A PGawlic+n GG 1g8680 My Commission expires:0 3 I iv(M Commission 22-
�S Expi es 03/21112022
41 0 \ EXHIBIT "A"
94-77-A07 1
R-98
SECTION 27,TOWNSHIP 36S,R' 1 E \----\ 27
SECTION 34,TOWNSHIP 36., 'ANGE 4 \ 34 35
\Z
\ MEAN HIGH WATER LINE
4 \ \ ELEVATION=0.51 NAVD 88
\✓ JANUARY 18,2012
cn
Z �� R-99A 1% 1" = 600 FEET
7 73 ' 'o //, PROPOSED EASEMENT
(SEE DETAIL SHEET 3)
'.23 - 0.
\
,s-1 ,3, ,
ATLANTIC
R-100A
\ OCEAN
, i),‘ ,‘
\ \ LANDWARD
CD 70 m m \\ \\ / LIMITS OF CONSTRUCTION
Oz z \ \ R-101A
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O
o \
N 2.2 11
N \\
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\
O A A_ 0 \
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R-102 v
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\ —
3 \ \
LEGEND `\ \ ,,
Y_ P.O.B. = POINT OF BEGINNING ..R \ `\\ ���
o NAD = NORTH AMERICAN DATUM ' \ l iJl
m NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 /7\ '"Y\
o R-102 = FDEP RANGE MONUMENT(TYP) \
— MEAN HIGH WATER LINE AND EROSION \\ \
r CONTROL LINE AS LOCATED JANUARY 18,2012 R-103 \\ \
o ----------- PROPOSED LANDWARD LIMITS OF CONSTRUCTION �;\, \
Li AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION \'\ \
a A PROPOSED EASEMENT AREA \ \
-
aI,�mA \ \
E
11.2
Morgan Sr Eklund Inc. g(E4 OF LEGAL DESCRIPTION CSOISSIM
35117-9
a PROFESSIONAL SURVEY CONSULTANTS REGENCY ISLAND DUNES Ali E°"`
8 , �4` 1612 NW 2ND AVENUE Scum ST. WOE COUNTY BEACH ATON 1"=600'
M&E 4909 US HIGHWAY 1 SUITE 3 FOR S�T COUNTY
CT °�
4 VERO BEACH FL 32967 BOCA RATON FL 33432 J 1. NHHn� v' 11/30/20
v PHONE (772) 388-5364 PHONE (954j 421-8882
7171 OF SLIMY
D FAX: (772) 388-3185 LB #4298 FAX: (954) 421-0425LFP°�FM III tre�aaC Noe MD ROOK ° sir 1 or 3
U -
EXHIBIT "A"
1
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
I L2- ;, — L1 N14' 22' 29"W 2970.72'
li
A<� L2 S27' 39' 18"E 221.81'
34
l'r(5\ L3 S23' 01' 00"E 757.60'
\,t. < 35 L4 S21' 45' 01"E 999.30'
DNR MONUMENT 94-77-A03 L5 S22' 40' 46"E 988.27'
NAD 83/90 N=1079107.89 <. L6 S20' 27' 48"E 974.64'
E=909950.7 < ATLANTIC
TOWNSHIP 36S, RANGE 4iE cP
OCEAN L7 S20' 39' 36"E 987.46'
TOWNSHIP 37S, RANGE 41E 111,<e L8 S22' 42' 50"E 972.76'
<s L9 S23' 29' 45"E 1008.81'
N ,<� L10 S22' 12' 18"E 940.81'
3 2 ° `-' L12
y < L11 S22' 16' 46"E 654.48'
o 11\1:} L12 S19' 36' 39"E 386.32'
-- �� L13 S23' 36' 20"E 977.16'
�< <� L14 S23' 57' 25"E 1104.24'
S
-- - N� <� L15 S24' 26' 17"E 1082.21'
7 <. 12 L16 S23' 50' 11"E 803.61'
L17 S22' 36' 27'E 1129.03'
LAINDWARD LIMITS
OF CONSTRUCTION
10 11 �` L18 S22' 14' 48"E 1010.56'
22
L19 S22' 36' 24"E 787.45'
It
_ L20 S22' 56' 21"E 1983.23'
L U L21 N 38' 18' 07"E 26.84'
Z
I ST. LUCIE COUNTY
w
w MARTIN COUNTY
POINT OF TERMINATION
DNR MONUMENT OF WEST EASEMENT LINE
w PL-R-1 4-9-92 1992 N=1065595.88 NAD 83/90
w
N=1065574.82 NAD 83/90 E=916068.51
E=916051.88 L21
ceamowar sA..�-�^.M,�..OPilfNa.�, SKETCH OF LEGAL DESCRIPTION
NRw s a,N�arora a A�r rAwo 35117-9
Morgan ,a Eklund Inc. :"' �, LANDWARD LIMITS OF CONSTRUCTION v iI VOW w Tr PLAN AM a�womia
PROFESSIONAL SURVEY CONSULTANTS w°ruwro Nar�n na maua roar
. `'� 18312 KW DID AVENUE �7 474E'S'OUTH ST. LUCIE COUNTY BEACH RESTORATION 1'=3000'
am
MIME v�us HIGHWAYz�s7 7p4)42 Buz � � FOR ST. LUCIE COUNTY EROSION DISTRICT 11 0
PHONE.(7272 6-31664 PHONE:(ff4)421-EE1 � ,•
N FAX(772)383E-3185 FAX..054)421-0451 uu�j,p~.tea,®
Y./C OW®N Ii0/OOt I OR fF a/11�'
�' . 2 a. 3
U3#4295 ale MOM LFP DWC Riff AU -
\ \ .,
L b EXHIBIT "A"
353450200000000 N
AND ALL CONDOMINIUM UNIT OWNERS C
REGENCY ISLAND DUNES ASSOC., INC. '
9650 S OCEAN DR N-�/�
JENSEN BEACH, FL 34957 NQ a,
-/� ,,
$ / A
u7 0,16
,PP
/
�S 7 PROPOSED
� �
OEASEMENT '' :
�0 ( /� N' (left AC.)
a 6" r.,,,,,
353411100090003 0 MEAN HIGH WATER LINE
AND ALL CONDOMINIUM UNIT OWNERS m ELEVATION=0.51 NAVD 88
REGENCY ISLAND DUNES ASSOC., INC. �� f 4 JANUARY 18,2012
8640 S OCEAN DR QPC30 ATLANTIC
JENSEN BEACH, FL 34957 \ 444
i N� f
N OCEAN
3534501000000074
0.���� N
AND ALL CONDOMINIUM UNIT OWNERS �/// m
REGENCY ISLAND DUNES ASSOC., INC. �/
8640 S OCEAN DR
JENSEN BEACH, FL 34957
\ / \ LANDWARD LIMITS - /
OF CONSTRUCTION
`
DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT
THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 994,PAGE 870,BOOK 1078,PAGE 1919,AND BOOK
1026,PAGE 2850,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
N 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
a FOLLOWING DESCRIBED LANDWARD LIMITS OF CONSTRUCTION LINE;THENCE S 23°01'00"E FOR A DISTANCE OF 757.60 FEET TO A POINT;
N 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;
8 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;
o 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;
C
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;
o 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
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
x 1,065,595.88 FEET AND EASTING OF 916,068.51 FEET,SAID POINT BEING 26.84 FEET DISTANT FROM A DEPARTMENT OF NATURAL
w 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
3 83/90)ALONG A BEARING OF N 38°18'07"E.
m "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION"
NOTES:
a THIS IS NOT A SURVEY.
m LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, OWNERSHIP OR CERTIFICATE OF SURVEYOR - l HEREBY CERTIFY THAT THE INFORMATION
oNT FIELD SURVEY
p EASEMENTS OF RECORD MADE UNDER SHOWN OMYN I DIR£CTI0N, AND S IN CTHAE TI�SRTRUE AND CORRECT TO
v NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA THE BEST OF MY KNOWLEDGE AND BELIEF, AND MEL'S THE STANDARDS
a LICENSED SURVEYOR AND MAPPER OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL
LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE,
w COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. PURSUANT TO SECTION 472.027, FLORIDA STATUTES
o BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE /�j����2�
N SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990.
H�
PROPERTY UNE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS � ' L--^
a 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 1 6359
E CORPORATION. STATE OF FLORIDA
G
Morgan & Eklund Inc. SKETCH OF LEGAL DESCRIP11ON 3°° `77 9
$ jimk P R O F E 8 810 N A L B U R Y E T CON 8 U L T A N T B REGENCY ISLAND DUNES ASSOCIATION, INC. '°"'
' f° 1812 NW 2ND AVENUE
SOU1H ST. LUCIE COUNTY BEACH RESTORATION , -200
M&E 4909 US HIGHWAY 1 SUITE 3 FOR ST. LUCIE COUNTY EROSION DISTRICT 11/0/20
h VERO BEACH FL 32967 BOCA RAION FL 33432
T, PHONE: (772) 388-5384 PHONE: (954) 421-6882 MOWN HY FAX: (772) 388-3185 FAX: (954) 421-0425 OWNED a FRO__ OW Q` Er
LB#4298 LFP DWC met N4 - serf 3 or 3
d
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.
Regency Island D ne i 'elation, Inc.
Witness Signature: Signature )
Print Witness Name: e. �cse Title: f������ �
Witness Signature: Date:_ per/ J 7/p j a,
Print Witness Name: ail lit-6 it