HomeMy WebLinkAbout21-105 RESOLUTION NO. 2021-105
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 Hutchinson
Island Beach Club, 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
k/iAt CL . 7 BY: lril
Deputy Cler , ',Jl' -,�js, C air < �
a . - tp
kall
�i '� m
et3 APPROVED AS TO FORM AND
r FtAstor CORRECTNESS:
BY:
'County A orn-y
St.Lucie County,Florida Coastal Storm Risk Management Project
PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT
THIS EASEMENT,made this 3°- day of
r E IaZ fts ,20 ZI,between Hutchinson Island Beach
Club,Inc.,whose address is 9800 S Ocean Dr,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
a otogether with appurtenances thereto,including the right to deposit sand;to accomplish any alterations of contours on said
CD 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
0 o construction,periodic renourishment and maintenance of the St.Lucie County,Florida Coastal Storm Risk Management
a Project,together with the right of public use and access;to plant vegetation on said dunes and berms;to erect,maintain
z0 o and remove silt screens and sand fences;to facilitate preservation of dunes and vegetation through the limitation of access
0 o a to dune areas; to trim, cut, fell, and remove from said land all trees, underbrush, debris, obstructions, and any other
w N "' vegetation, structures and obstacles within the limits of the easement;reserving,however,to the grantor(s), (his)(her)
z (its) (their) (heirs), successors and assigns, the right to construct dune overwalk structures in accordance with any
D co
o applicable Federal, State,or local laws or regulations,provided that such structures shall not violate the integrity of the
z w°m o dune in shape,dimension or function,and that prior approval of the plans and specifications for such structures is obtained
vai T_o w 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 tic 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:
Hutchinson Beach Club, Q.
Witness Signature Signature 1'
Print Witness Name 1 Title ,-,PR f
Witness Signature
Print Witness d (1
STATE OF—Per)ris L vc cL
COUNTY OF No rrhyme
The foregoing instrument was acknowledged before me by means of X physical presence or online
notarization,this ?° day of le b ru c Y yy 202 i ,by y,yro,ry 1 J Or ; .of
Hutchinson Island Beach Club, Inc.. on liehalf of the corporation.He/She is personally known to me or has produced
i y Or V Pr 5 L,:c, e_ as identification.
[NOTARY SEAL]
Notary Public
Commonwealth of Pennsylvania-Notary Seal My Commission expires: f/-025-. 2G 02
William R Flyte,Notary Public
Northampton County
My commission expires November 25,2022
Commission number 1051624
31 EXHIBIT "A"
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Cn �O R-102 ` \ \
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m m \ \
\\ \
Fri in
\
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S:
R-103 \ \\�
�b\ \ 1" = 600 FEET
\
\ \ LANDWARD
\ \ LIMITS OF
CONSTRUCTION
® ® ®® \ \
111
® u EH ` \ ATLANTIC
MID L -
R-104 \
\
El "
34 35 ffffliTTlil Illlulll I El \
T•N 35 TO SHIP 36S,RANGE 41E
3 2 MI SECTION 2,T(i) •HIP 37S,RANGE 41E
'
\ OCEAN
'� \
30,\
\
N
.� \
7 \. \ MEAN HIGH WATER LINE
' \. \ ELEVATION=0.51 NAVD 88
JANUARY 18,2012
\
Gs \c/
R-105 \ \\
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E d-, \.
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\
\ PROPOSED EASEMENT
> \. (SEE DETAIL SHEET 3)
R-106 \\ \
g LEGEND \\\\
o P.O.B. = POINT OF BEGINNING
NAD = NORTH AMERICAN DATUM /
2 NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 ��
W R-102 = FDEP RANGE MONUMENT(TYP) 3- *
' G
— MEAN HIGH WATER LINE AND EROSION \/ / r i� '
•
aCONTROL LINE AS LOCATED JANUARY 18,2012 `,,`= '�,e:� \ ( �� ("'
s ---•--•-•----- PROPOSED LANDWARD LIMITS OF CONSTRUCTION /0��� \ \
AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION I�
lO.a. \\ \
M V l PROPOSED EASEMENT AREA R-107 \ \
L J\
W
Morgan & Eklund Inc. SKETCH OF LEGAL DESORPTION 35117-9
PROFESSIONAL SURVEY CONSULTANTS Ny�HHf1 St
WSING ISLANDCOUNTY
EACHBun
RESTORATION
INC. SOUL
SOUL
Mtn ilk E 1612 NW 2ND AVENUE
M /°a" � FOR WOE COUNTY
EROSION I�I/�
0 4909 US HIGHWAY#1 SUITE 3 ST. COUNTY VIJIIVVI 11/30/20
a VERO BEACH FL 32967 BOCA RATON FL 33432
x PHONE 2) 388-5364 PHONE (954) 421-6882
cn FAX: ) 388-3165 f 4298 FAX: (954) 421-0425 ° IDI BY a�BYLFP an[FELD ROOK DUE°�arwwa
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mar 1 a 3
EXHIBIT "A" 1
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
L1 N14' 22' 29"W 2970.72'
L2
.1 < L2 S27' 39' 18"E 221.81'
34 ttA< L3 S23' 01' 00"E 757.60'
\t, 35 L4 S21' 45' 01"E 999.30'
DNR MONUMENT 94-77-A0 L5 S22' 40' 46"E 988.27'
NAD 83/90 N=1079107.89 <-..i L6 S20' 27' 48"E 974.64'
E=909950.7 ATLANTIC
OCEAN L7 S20' 39' 36'E 987.46'
TOWNSHIP 36S, RANGE LI E r,
TOWNSHIP 37S, RANGE 41E 116,<<p L8 S22' 42' 50"E 972.76'
IL
ill( L9 S23' 29' 45"E 1008.81'
O
N <i L1O S22' 12' 18"E 940.81'
3 2 .A 13 L12 L11 S22' 16' 46"E 654.48'
o c\ -v' L12 S19' 36' 39"E 386.32'
t L13 S23' 36' 20"E 977.16'
< L14 S23' 57' 25"E 1104.24'
- ,111,(..P
<- L15 S24' 26' 17"E 1082.21'
�7�� L16 S23' 50' 11"E 803.61'
12
L17 S22' 36' 27"E 1129.03'
LF1NO LIMITS NSTRUCTION ii
OF. ONSTR
LL 10 11 ti:8.°( L18 S22' 14' 48"E 1010.56'
: L19 S22' 36' 24"E 787.45'
L20 S22' 56' 21"E 1983.23'
3 .\re O
ST_LUCIE COUNTY I —11L21 N38' 18' 07"E 26.84'
w MARTIN COUNTY
g POINT OF TERMINATION
° DNR MONUMENT OF WEST EASEMENT LINE
Is PL-R-1 4-9-92 1992_/ N=1065595.88 NAD 83/90
L.
N=1065574 8?_ NAD 83190 E=916068.51
E-=916051.88 L21
0
.� f.a.,-9�-HO—�N-x SKETCH OF LEGAL DESCRIPTION 00111111101 All
m Fl Ill f N.flO01Q//A @ rc fer
Morgan � Eklund Inc. I,,,r,us,Yras��v�0°�ivfif 35117-9
E v piamwrrZeOrb Sari, saw. LANDWARD LIMITS OF CONSTRUCTION
PROFESSIONAL SURVEY CONSULTANTS , . 'paooNO„!=,..g awc tom r�a000
1812 Nw 2ND AVENUE !Z yin SOUTH ST. LUCIE COUNTY BEACH RESTORATION
IVI&E 1 e 326fl eocn s34s2 `'� FOR ST. LUCIE COUNTY EROSION DISTRICT 1161 o
53 r*x, 06-31664 P FM s4) 421-6882 urr r a�r goo rnt oor v awls
FAX:(772)J88-S186 FAX:(Y84)421�81 Nw1oocIa- aay, 2 wr 3
IB#421121 LFP DWC Fmk AP -
•
31 EXHIBIT "A"
N `
.13 1 \(J)
- `.� %o
`MEAN HIGH WATER LINE ! w`9
o ELEVATION=0.51 NAVD 88 m
c3 JANUARY 18,2012 �i ATLANTIC
0 �/ N
co
los �' PROPOSED / N
0
ci :
EASEMENT �� N3 OCEAN
(0.65±Ac.) N m
N�i�,/
N,Y N
` 450250400000000 0../ o
,` nY o
l
AND ALL CONDOMINIUM UNIT OWNERS me sr
HUTCHINSON ISLAND BEACH CLUB, INC. R`. o
9800 S OCEAN DR ��%
JENSEN BEACH, FL 34957
/ LANDWARD LIMITS �.
rr �
OF CONSTRUCTION
r ill. 111411MMMUMLZA\IMNIIIb. 11111 _..iiiiiiilli -‘.. \
. i
DESCRIPTION OF PROPOSED CONSTRUCTION EASEVENT
THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 343,PAGE 732,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
g 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
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
0 83/90)ALONG A BEARING OF N 38°18'07"E.
o "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION"
m
c
0
2
NOTES:
THIS IS NOT A SURVEY.
LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, OWNERSHIP OR CER77f7CA7E OF SURVEYOR - I HEREBY CERTIFY THAT 7HE INFORMATION
a EASEMENTS OF RECORD SHOWN HEREON IS IN ACCORDANCE WITH A RECENT f7ELD SURVEY
= 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 7HE STANDARDS
OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL
m UCENSED SURVEYOR AND MAPPER LAND SURVEYORS /N CHAPTER 5./-17, FLORIDA ADMINISTRATIVE CODE,
cO COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. PURSUANT TO SECTION 472.0.27, FLORIDA STATUTES.
N
M a BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE ,', f ///
"Zd'Z C
M SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990. �
o PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS !.�` i ��-
oPROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. DAVID W. COCG/N, PSM
" LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY PROFESSIONAL SURVEYOR AND MAPPER# 6359
t CORPORATION. STA7E OF FLORIDA
x
w
Morgan & Eklund Inc. SKETCH OF LEGAL O °°"7-9
PROFESSIONAL SURVEY CONSULTANTS HUTCHNSON ISLAND BEACH CLUB, INC. '°"E
SOUTH ST. LUCIE COUNTY BEACH RESTORATION 1"-200'
1612 NW 2ND AVENUE COUNTY DISTRICT aur
, M&E 4909 US HIGHWAY #1 SURE 3 FOR ST. LUCIE EROSION 11/30/20
Y VERO BEACH FL 32967 BOG RATON FL 33432
PHONE (7725 388-5364 PHONE: (954i 421-8882 NVAINBra D BY REM BOOK �OF�Y
N FAX: (772)` 388-3185 FM: (954) 421-0425 Rau 3 a' 3
LB #4298 LFP DWC ME NIL -
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.
Hutchinson Island Beach Club
,
Club 6Inc.
Witness Signature:A Signature: (
7
Print Witness Name:L/ y'�o Title: Rr I aI
Witness Signa C ate: - 3- o?/
Print Witness N e: R(anota rl l ecl