HomeMy WebLinkAbout21-110 RESOLUTION NO. 2021-110
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 Turtle Reef
Condominiums I, 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
Deputy Cler .oJa'�� COMM' Ch
S
* gtirit‘ 0
'`o y, APPROVED AS TO FORM AND
" * CORRECTNESS:
c°6Nrr Ft.o '
BY:
County At rn
Ammimmommow
St.Lucie County,Florida Coastal Storm Risk Management Project
PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT
THIS EASEMENT, made this 9 day of February , 2021 between Turtle Reef
Condominiums I,Inc.,whose address is 9654 N.Kings Hwy Suite 101,Myrtle Beach,SC 29572,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.
xi0mcn 3
m v_ NOW THEREFORE,in consideration of the mutual benefits to be derived from the permitted uses described
0 0;F. m below and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the
zParties to this easement agree to the following:
,som
GRANTOR does hereby bargain,convey,and grant a perpetual and assignable easement and right-of-way in,
oy Z 3n, over, and across the land described in Exhibit"A", which is attached hereto and incorporated herein, for use by
°m 23 GRANTEE,its representatives,agents,contractors,and assigns to construct;preserve;patrol;operate;maintain;repair;
asN rpi -ehabilitate;and replace;a public beach a dune system and other erosion control and storm damage reduction measures
O1 g :ogether with appurtenances thereto,including the right to deposit sand;to accomplish any alterations of contours on said
o Er,' t) and; to construct berms and dunes;to nourish and renourish periodically;to move, store and remove equipment and
N p iupplies; to erect and remove temporary structures; and to perform any other work necessary and incident to the
g m 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
c and remove silt screens and sand fences;to facilitate preservation of dunes and vegetation through the limitation of access
o dune areas; to trim, cut, fell, and remove from said land all trees, underbrush, debris, obstructions, and any other
o •egetation,structures and obstacles within the limits of the easement;reserving,however,to the grantor(s),(his)(her)
73 its) (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
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
,rantor(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 deliv ed
in the presence of � ��
Turtle Reef 7
Co ominiums,I,'y IjJ . 'v"` 4
Witness Signature Signature
Print Witness Name < MS-C3-%`°14 Title
Witness Signature
19
Print Witness Name V. 1*y-1 �YY11
STATE OF V—A ol
COUNTY OF 4". LJL i Q,
The fore ojng instru Qn�t was acknowledged before me by means of X-physical presence or _ online
notarization,this day of lP.9r.4 ,202 ► ,by 5 K Sqn fn, W4r 4e'\ ,of
Turtle Reef Condominiums I, Inc., on behalf of the corporation. He/She is personally known to me or has produced
as identification.
[NOTARY SEAL] j22/.4 AI -
Notary Public
My Commission expires: gqv'41-) 3a/ • NO°l'L
"A )( JEJENNIFER MARIE LUCE
a MY COMMISSION#GG 164596 eM 'tr 1\\qr e; _u
'for oa EXPIRES January 30,2022
\ \\ EXHIBIT "A"
N \
° \ \
\ 4c3 \ \
0 \
°m \
O \ \
. \ \
o
\
\ \
\ \
2 \ \
\R-t09 \
\
\ \
\ \
2 \
\ \
\ \ LANDWARD
\ LIMITS OF
CONSTRUCTION
\ \
R-110 \ \
CTION 2,TOWNSHIP 37S,RANGE 41E 2
SE TION 11,TOWNSHIP 37S,RANGE 41E `
\ \ 11 12
\ \
\ \\
\ \ MEAN HIGH WATER LINE
\ \ ELEVATION=0.51 NAVD 88
JANUARY 18,2012
----iLn I I 1
v______;i__ \
R-111 �\ ED w
\ , " ATLANTIC
.mlummo ,
ZZ
\ N
�� � \\ ° ° OCEAN
♦ z5
1 t aimissimum lIi 0 W cn
W
R-112 \\\ y • y
.N///////// \ Z Z
0
N lea�,1. �j ♦I �lai' Vira ,�QI�III�.It \
�iil� �I ilia :iIIp0 004 , \\ \\
Z r
V. %%��, lava 4 `\ `\ PROPOSED EAAst
%0 fat I \. (SEE DETAIL 3) =',
LEGEND -`F Ltd
` ram, ".
.2P.O.B. = POINT OF BEGINNING \\ \` 4`. -",b�or,ea, : ", a
- NAD = NORTH AMERICAN DATUM pf/I� ,,.'% "' ,47.
2 NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 .. a P ` et .
w OF
R-102 = FDEP RANGE MONUMENT(TYP) �q�I�. R1 �' ,� c ��169 : `
---------'-- MEAN HIGH WATER LINE AND EROSION o 00 ICI /, +� a i�
CONTROL LINE AS LOCATED JANUARY 18,2012 0' I�4= fs ., r e 2
C. _ ,_ �s: a 0. 0,,` ;
o ----------- PROPOSED LANDWARD LIMITS OF CONSTRUCTION cs, I.
A �� �,
m EE AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION _OIL = , !)i'16%v,a r
O e I / , �1116, fi-114 4J44/\ "'G�..'`"}4
PROPOSED EASEMENT AREA M �,,�0� .il \\ t @JE s
L I
W 'r+
01
Morgan & Eklund Inc. SKEI1H OF LEGAL DESCRP11ON 3" 5 9
m PROFESSIONAL SURVEY CONSULTANTS 1NR1�E REEF INC` seer
SOUTH ST. Ll1CIE COUNTY BEACH RESTORATION '.,-600
P 1612 NW 2ND AVENUE M ''�/y� COUNTY
EROSION DISTRICT
o IVI&E 4009 US HIGHWAY#1 SURE 3 FOR ST. LIJC$ COUNTY EROSION DISTRICT 11/30/20
Y VERO BEACH, FL 32987 BOCA RATON FL 33432
N PHONE (772) 388-5384 PHONE (954) 421-6882 �I, any n. REID DOCK DUE a SURVEY
� FAX: (772) 388-3165 �4298 FAX: (954) 421-0425 LFP DWC moe�o veer 1 or 3
EXHIBIT "A"
P 1 SIRCR98 -182012
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
es. L1 N14' 22' 29'W 2970.72'
L2
�Vi L2 S27' 39' 18"E 221.81'
34 —11
c L3 S23' 01' 00"E 757.60'
tc3`
35 L4 S21" 45' 01"E 999.30'
DNR MONUMENT 94-77-A0 L5 S22' 40' 46"E 988.27'
NAD 83/90 N=1079107.8� �� L6 S20' 27' 48"E 974.64'
E=909950.719 ATLANTIC
TOWNSHIP 36S, RANGE 4 E r
OCEAN L7 S20` 39' 36"E 987.46'
(TOWNSHIP 37S, RANGE 41E Vico L8 S22' 42' 50"E 972.76'
11V. L9 S23' 29' 45"E 1008.81'
(r)`c-:.> L10 S22' 12' 18"E 940.81'
L12
3 2 •S' L11 S22' 16' 46"E 654.48'
nm -('' L12 S19' 36' 39"E 386.32'
7 r�
2 ink x,. L13 S23' 36' 20"E 977.16'
�� L14 S23' 57' 25'E 1104.24'
---•'=(�— L15 S24' 26' 17"E 1082.21'
77�� L16 S23' 50' 11"E 803.61'
111.::1 12
LANDWARD LIMITS L17 S22` 36' 27"E 1129.03'
OF CONSTRUCTION � ��
10 11 � �
L18 S22' 14' 48"E 1010.56'
I�: L19 S22' 36' 24"E 787.45' F
L20 S22' 56' 21"E 1983.23'
3 �`
w L ST. LUCIE COUNTY _ �` L21 N38' 18' 07"E 26.84'
"
w MARTIN COUNTY
POINT OF TERMINATION
° DNR MONUMENT OF WEST EASEMENT LINE
Ww PL-R-1 4-9-92 .1992 N=1065595.88 NAD 83/90
N=1065574.82 NAD83/90 F_=916068.51
N E�9'1 6050, ,-
a
, ,,,�„ _,�, SKETCH OF LEGAL DESCRIPTION NA
Morgan Eklund Inc. M ,o- 35117-9
��: LANDWARD LIMITS OF CONSTRUCTION .
PROFESSIONAL SURVEY CONSULTANT! +��N
1l12 Nw 2ND�voae � i'�9 fi "'' SOUTH ST. LUCIE COUNTY BEACH RESTORATION 1"= 00
Aar
Y M&E v sN. eorw TON r�i szw32 °" FOR ST. LUCIE COUNTY EROSION DISTRICT ei20
PIIgE(7C72 S863155 PH0% 54)421-Q882 .
FAX:(772)386-570.7 FAX:0154)421-0451 , J —21~4,( 141,� ' Its!" oor a vo/aa' r Am el,SAW 2 03
= LB#4298 i. _ t: eS', *s. M. LW DWC 111R NG -
li. s• \I:"1
/d)s
I'' EXHIBIT "A"IB
\o.
.
\
sue
7 ,0
NT — `� `ill
OF LA CONSTRUCTIONDWARDLIMIS Q` \;'r,o ATLANTIC
451180100000000 ��� Q
, .'' _AND ALL CONDOMINIUM UNIT OWNERS •:� `i,
TURTLE REEF CONDOS I INC, f�
,� .'�, 10800 S OCEAN DR •
` ,. , JENSEN BEACH, FL 34957 • , NN-3 OCEAN f
.• , cpo
U' PROPOSED •
a, 's
•10 EASEMENT �_
1.15±Aa)
%Ilk I N
` ,_, MEAN HIGH WATER LINE
s
0
ELEVATION=0.51 NAVD 88 .` X 0
0mm` ,_,vania ink dill, IMM1 1111111 MA CI;la 0JANUARY 18,2012 '
0,2).
1.1., L..
o
, Aye. mA A Arai co p O
DESCRIPTION OF PROPOSED CONSTRUCTION EASEME\ T
THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 250,PAGE 2852,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
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 A
01 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
a 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
z 83/90)ALONG A BEARING OF N 38°18'07"E.
,, "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION"
S
0
NOTES: ,,lt £ ,
1,tt.)a6t8f °"t •' ''
THIS IS NOT A SURVEY. c-°"
LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, OWNERSHIP OR CERTIFICATE OF URVEYOR`�j, • r: FY. F INFORMATION
a SHOWN HER N IS--IN Lt717. IT}�" ENT
x EASEMENTS OF RECORD MADE
� �y SURVEY
MADf UIGtER M-,bl •No" sIAI°yT(,S AND CORRECT TO
w NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA THE BEST OF �r •WLEY/C !LT"8 k,, • MF,E75 THE STANDARDS
36OF PRAC a - -Y= F,ORTW'BY THE •-• 'BOARD OF PROFESSIONAL
LICENSED SURVEYOR AND MAPPER LAND S,, :S''1R 1N CHAPTER 5,t-17, FL•'r' 'ADMINISTRATIVE CODE,
ni PURS '. 7O SECTION 472.027, FLORIDAA 1-;
.n COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN.
o_ BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE
N
SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990. . "� o
it PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS Yy,. �r
O PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. ' " 7` y' —='—
DAV/U���4' COGfr�41f PSM ,..,��. a
a UNE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY PROFESSIONAL $URIPX,pi{7‘JVmJ1oMtP,PER 1'5359
E CORPORATION. SWF i;'LON�:>b o�.1••
*a"9k�VrG ON'
airavavtia
Morgan & Eklund Inc. SKETCH pF LEGAL filESCRPTICti 35117-9
tr? TURTLE SOME .
PROFESSIONAL SURVEY CONSULTANTS cy�tt7f� �T ���Rn� � y BEACH I, INC"�'p� IW
7) SOU ill S . WCE COUN 1 1 RES 1 ORA fla 1"=200'
o_ 1812 NW 2ND AVENUE COUNTY EROSION
DOE
M . = 4909 US HIGHWAY#1 SURE 3 ST. �E EROSION T 11/30/20
VERO BEACH FL 32967 BOCA RATON FL 33432
a PHONE: (772) 388-5364 PHONE: (054) 421-6882 MEN BY am®er MID way avE a aMr
CO FAX: (772) 388-3165 FAX: (954) 421-0425 ow 3 or 3
LB #4298 LFP DWC AWE ND -
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.
Turtle Reef Cond iniums I, Inc.
Witness Signature: Signature: . .,C!1.44/
Print Witness Name:+-' Title: a U
Witness Signature: vt Date: o?Uak!
Print Witness Name:YY1 lel'1 Sj'Yll