HomeMy WebLinkAbout21-118 RESOLUTION NO. 2021-118
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 Seawinds
Condominium Association, Inc. is duly accepted on behalf of St. Lucie County Erosion District this
4th day of May, 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
Deput CIe C air
JWSY coat
VO Os- d'it
% APPROVED AS TO FORM AND
rir Z CORRECTNESS:
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011.004
BY:
County At r y
St.Lucie County,Florida Coastal Storm Risk Management Project
PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT
THIS EASEMENT, made this IF day of /h(2,ca7YL_, 20.-j between Seawinds
condominium Association, Inc., whose address is 1111 SE Federal Hwy, #1 0, Stuart, FL 34994, hereinafter
referred to as the "Grantor", and St. Lucie County Erosion District, whose address is 2300 Virginia Avenue, Fort
F Pierce, FL 34982,hereinafter referred to as the"Grantee".
0
; w
. 0- (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.)
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ln N N WITNESSETH:
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f'-N W WHEREAS, GRANTOR owns beachfront property described in Exhibit"A", incorporated by reference and
0 o a made a part hereof;and
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z WHEREAS,GRANTEE and the Department of the Army have entered into a Project Partnership Agreement
a o for the St.Lucie County,Florida Coastal Storm Risk Management Project(the"Project")whereby GRANTEE has agreed
z w CO°o to be the Local Sponsor for the Project,which provides for beach and dune nourishment within the South Hutchinson
vai o 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
together with appurtenances thereto,including the right to deposit sand;to accomplish any alterations of contours on said
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
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
to dune areas; to trim, cut, fell, and remove from said land all trees, underbrush, debris, obstructions, and any other
vegetation, structures and obstacles within the limits of the easement;reserving,however,to the grantor(s),(his)(her)
(its) (their) (heirs), successors and assigns, the right to construct dune overwalk structures in accordance with any
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.
. r
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:
n Seawinds Co dominium As ciation c.
Witness Signature l )t/�C� (� Signature
Print Witness Name ,%(IJ)')Jl,(i V (L/'\ Title
Witness Signature a_ kalc
��/
Print Witness Name MQ, b.cP ha,WLc
STATE OF 110 v r d 4_
COUNTY OF (h tur--f r-.
The foregoin instrument was acknowledged before me by means of �ysical presence or online
notarization, this / ' day of F2brUct-rti._, 202 J , by Jc e h Vu YS ,
of Seawinds Condominium Association, Id.,on behalf of`the coration. He/She is personally known to me or has
produced Fl D ri(it Dr',1(eiti( ntification.
[NOTARY SEAL] ITiaAt4 /lam et-1
,,,rgY Po, WRY LEE MATHS Notary Publ. ' ( (�—
ro:"'' ° My Commission expires: ,-�,k Le ZO2
,t ,_y *MY COMMISSION#GG 064648
S ari;' QT EXPIRES:March 6,2021
9TEOF F`Op Bonded Ttvu Budget Notary Services
24 \ \\ EXHIBIT "A"
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R-105 \ \
0 y \ LANDWARD
LIMITS OF CONSTRUCTION
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\ \
R-106 ` \
\La\ \
S:
``,, MEAN HIGH WATER LINE „
ELEVATION=0.51 NAVD 88 1 = 600 FEET
;go� , \ JANUARY 18,2012
aliglit����1/�A/�� \ \
R-107
.������� ATLANTIC
\
\ ',
\
OCEAN
.15 R-108
7
Y \01
\ PROPOSED EASEMENT
�% \ \ (SEE DETAIL SHEET 3)
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N
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d R-109
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iier:1I
LEGEND II'
N P.O.B. = POINT OF BEGINNING / I i
a NAD = NORTH AMERICAN DATUM NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988R-102 = FDEP RANGE MONUMENT(TYP) t/t'
\
V
U
a — --— MEAN HIGH WATER LINE AND EROSION \
0, CONTROL LINE AS LOCATED JANUARY 18,2012
co
it -- --— PROPOSED LANDWARD LIMITS OF CONSTRUCTION R-110
o
AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION SEC'10 ! - LI RANGE 41E
oi
i///jjj, PROPOSED EASEMENT AREA SECT•N 1,TOWNSHIP 3 S,RANGE 41E
W
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N
COMMON
y' Morgan & Eklund Inc. SKETCH OF LEGAL DESORPTION 39
a PROFESSIONAL SURVEY CONSULTANTS SEA INDS
CONDC COUNTY PIUU ASSOCIATION, INC.
r. 1812 NW 2ND AVENUE SOUTH ST. WaE BEACH RESTORATION we
E 1 600
M&E 4909 US HIGHWAY #1 SURE 3 FOR ST. W E COUNTY EROSION DISTRICT 2/11/21
VERO BEACH, FL 32987 BOCA RATON FL 33432
m PHONE (772) 388-5364 PHONE: (954) 421-8882COON
FAX: ((2) 388-3165 FAX: (9'44) 421-0425 NY BY OF SUMO'
U
LB #4298 LFP DWC MOE Na ow 1 or 3
SI' 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
L2N" L1 N14' 22' 29"W 2970.72'
�A< L2 S27' 39' 18"E 221.81'
34 J�
�IAc L3 S23' 01' 00"E_ 757.60'
jkyk
35 L4 S21' 45' 01"E 999.30'
DNR MONUMENT 94-77-A0 61 L5 S22' 40' 46"E 988.27'
NAD 83/90 N=1079107.89 <.1 L6 S20' 27° 48"E 974.64'
E=909950.7
ATLANTIC
TOWNSHIP 36S, RANGE 4 EIlk
OCEAN L7 S20` 39' 36"E 987.46'
TOWNSHIP 37S, RANGE 411E �> L8 S22' 42' 50"E 972.76'
1" C L9 S23' 29' 45"E 1008.81'
;O
N <�, L10 S22' 12' 18"E 940.81'
3 2 -, L12 L11 S22' 16' 46"E 654.48'
W=� L12 S19' 36' 39"E 386.32'
vW Ilk
L13 S23' 36' 20"E 977.16'
m �
— L14 S23' 57' 25'E 1104.24'
-- I-- : =<�-- L15 S24' 26' 17"E 1082.21'
7 Ikik
Ili�� 12 L16 S23' 50' 11"E 803.61'
LANDWARD LIMITS �, • L17 S22' 36' 27"E 1129.03'
OF(CONSTRUCTION
10 11 ti}CA L18 S22' 14' 48"E 1010.56'
,I<; L19 S22' 36' 24"E 787.45'
lk L20 S22' 56' 21"E 1983.23'
,
,�O L21 N38° 18' 07"E 26.84'
i ST. LUCIE COUNTY W;
W MARTIN COUNTY
' POINT OF TERMINATION
° DNR MONUMENT OF WEST EASEMENT LINE
PL-R-1 4-9-92 1992_, N=1065595.88 NAD 83/90
N=1065574.82 NAG 83/90 E=916068.51
' E n916051.83 L21--
MVANONYM'S•A =, ;a I SKETCH OF LEGAL DESCRIPTIONCOMIONSP Ma
a Morgan Eklund Inc. vwerw �r � 35117-s
or�:.r nrra saw or INOIWOMIL LANDWARD LIMITS OF CONSTRUC11ON
PROPE88IONAL 8 U R V E Y OONSULTANTB 16ewwrr ,s.0m a i°'�'reccA �1tlf
1612 NW 2ND AVENUE '///I"«/ SOUTH ST. LUCIE COUNTY BEACH RESTORATION 1"=3000
Y M1&E " "s2E� TORN i s�4s2 �Ql�y FOR ST. LUCIE COUNTY EROSION DISTRICT 116/0
yPNDNE.(72) ]E63165 FAX, (P34)21-04 1 Pa"'Worse —r ems a �eao sac or ARMY
FAX:(772)586-3166 FNL•(664)421-0481mrto acs�(w/ y� 2 3
U3 4266 aw.e►ec�a _._...._ _f LFP DVJC eras No.
24 EXHIBIT "A" \,
MEAN HIGH WATER LIN\
ELEVATION=0.51 NAVD 88 \ \
JANUARY 18,2012 \,
C N
,aN
Os
.13 450280400000001 /
7 AND ALL CONDOMINIUM UNIT
j OWNERS SEAWINDS CONDOMINIUM D ATLANTIC
ASSOCIATION, INC. r'
7 10044 S OCEAN DR Nx-3
JENSEN BEACH, FL 34957 s_, / C,
0
G m m OCEAN
I, 1
0 PROPOSED /„0
a
�'cu0 EASEMENT P
O (0.961 Ac.) 1/
7L �'
N LANDWARD LIMITS
OF CONSTRUCTION (II\ �Q
�a \
\ \
DESCRIPTIO\ OF PROPOSED CO\ STUCTION EASEV1E\ T
THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 395,PAGE 558,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;
E 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
eN
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
N TO A POINT;THENCE S 22°56'21"E FOR A DISTANCE OF 1983.23 FEET TO THE POINT OF TERMINATION,HAVING COORDINATES OF
N NORTHING 1,065,595.88 FEET AND EASTING OF 916,068.51 FEET,SAID POINT BEING 26.84 FEET DISTANT FROM A DEPARTMENT OF
LL NATURAL RESOURCES MONUMENT PL-R-1 4-9-92 1992(HAVING COORDINATES OF NORTHING 1,065,574.82 FEET AND FASTING 916,051.88
FEET NAD 83/90)ALONG A BEARING OF N 38°18'07"E.
t "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION"
I-
3
a
NOTES:
N
T; THIS IS NOT A SURVEY.
L LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS—OF—WAY, OWNERSHIP OR CER7)FlC4TE OF SURVEYOR — I HEREBY CERTIFY THAT THE INFORMATION
w SHOWN HEREON IS IN ACCORDANCE WITH A RECENT FIELD SURVEY
EASEMENTS OF RECORD
3 MADE UNDER MY D/REC770N, AND THAT IT IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE AND BELIEF, AND MEETS THE STANDARDS
-o NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL
u°°i LICENSED SURVEYOR AND MAPPER LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE,
a COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. PURSUANT TO SEC77QN 472.027, FLORIDA STATUTES.
N
M
m BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE 2 if/y''Z
o SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990.
eN v PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS �i'0 '�i'""`,
n PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. �'r"—
✓ DAND W. COGG/N, PSM
LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY PROFESSIONAL SURVEYOR AND A'APPER,/' 6359
CORPORATION. STATE OF FLORIDA
(N
Morgan & Eklund Inc. SKETCH OF LEGAL DESCRIPTION 3oo -9
a PROFESSIONAL SURVEY CONSULTANTS SEA #NDS CONDOWNIUM ASSOCIATION, INC. 'DIE
SOUTH ST. LUQE COMITY BEACH RESTORATION 1"=200'
E M&E 4909 US HIGHWAY #1 1612 NW 2ND AVENUE
Stint 3 FOR ST. LUCIE DUE
COUNTY EROSION DISTRICT 2/11/21
VERO BEACH FL 32967 BOCA RAIN FL 33432
m PHONE: (772) 388-5384 PHONE (954) 421-8882 DRAM BF ply r /BID WOK BATE OF 9/UEY
FAX (2) 388-3165 /4298 FAX: (954) 421-0425 LFP DWC p�qq SLEET 3 of 3
U
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.
Seawinds Condominium Association, c.
Witness Signature: C ,it"`1 LteQ !1 Signature: (yakka_
PV:Print Witness Name: icumrn St fe/1Title
Witness Signature: �� Date: P.)r Q"l a'1
Print Witness Name:aa,, is tti-C