HomeMy WebLinkAbout21-120 RESOLUTION NO. 2021-120
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 Jencourt LLC 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
4ii)
BY.
Depu CI r Ch
C.) vi
Z APPROVED AS TO FORM AND
�' �� 417, CORRECTNESS:
r C� ti
POUNrr FLOR�O'
BY:
ounty Att me
St.Lucie County,Florida Coastal Storm Risk Management Project
PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT
THIS EASEMENT, made this 155' day of M dY.cAN , 2011 between Jencourt LLC, whose
address is 1001 East Atlantic Ave,Suite 202,Delray Beach,FL 33483,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
5 made a part hereof;and
111
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
o to be the Local Sponsor for the Project,which provides for beach and dune nourishment within the South Hutchinson
s Island reach;and
0g
N N
WHEREAS,as Local Sponsor for the Project,GRANTEE is required to obtain"perpetual beach storm damage
> o° eduction"easements from owners of property in the South Hutchinson Island reach,such as GRANTOR;and
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▪o o a- WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage to
i"N .. iRANTOR's property and restore the adjacent beach and dune.
CWN0t7
co
▪ o cc NOW THEREFORE,in consideration of the mutual benefits to be derived from the permitted uses described
css z w m° elow and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the
a�tYw
S N LL Ce 'arties 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.
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:
Jenco C
Witness Signature Signature
Print Witness Name Hanna, 1..a0.k5o Title 444,
Witness Signature
Print Witness Name If.a't1iNv . S .bo j \as
STATE OF FLbiktD14
COUNTY OF PALM 6E PghC
The foregoing instrument was acknowledged before me by means of X physical presence or online
notarization,this 151'day of Igo r cti ,2021 ,by Me,*K Wa.%s 1. o.5 rft aun 9 e.k+
of Jencourt LLC,a Florida limited liability company,on behalf of the company.Ile/She is personally known to me or
has produced as identification.
[NOTARY SEAL]
• . w I. — V - - Notary Public
41PY.y; KA HRYN a DOUGLAS My Commission expires:
_.; ;.? MY COMMISSION#HH 053266
�1�o` EXPIRES:January 14,2025
'',-43 e.61:1' Bonded Thru Notary Public Underwrkere
/111
04 EXHIBIT "A"
R-110 \
CTION 2,TOWNSHIP 37S,RANGE 41E
\ 2
SE TION 11,TOWNSHIP 37S,RANGE 41E 11 12
m m
Z II \ 0 0
z Z
R-111 "
IIII / A
411.1
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•$*0 x x ATLANTIC 1" = 600 FEET
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R-112
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OCEAN
Ore re.klt%:i 44 i f%%
%!��Aen,�� _
�� I.1k LANDWARD
INIi\���:0 r LIMITS OF
dlii
CONSTRUCTION
% V.= 00♦�,�0 4==,
MEAN HIGH WATER LINE
�- '`�ff, ',= ELEVATION=0.51 NAVD 88
_ - = ,�,= JANUARY 18,2012
la 0
�,� �,,0 � �, R-114
'\\\\\\\\1\\\l\\\\\-\1\\\\\\\\\ Il/I/I/If Ill/I/Il $ i
3 AW1ll111111111 WJ LLI I I I 11(I I I I l a I I I I I I I I I lial % \ PROPOSED EASEMENT
LEGEND (SEE DETAIL SHEET 3)
P.O.B. = POINT OF BEGINNING R-115
x NAD = NORTH AMERICAN DATUM �o
w NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 �J N`���
m
-g R-102 = FDEP RANGE MONUMENT(TYP) (
c ------- MEAN HIGH WATER LINE AND EROSION �' / pp�
v CONTROL LINE AS LOCATED JANUARY 18,2012 I i
,`\.
`m - - - - - PROPOSED LANDWARD LIMITS OF CONSTRUCTION / /. /�
o AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION
\ \ V ,\
El A PROPOSED EASEMENT AREA
✓ -
0
M
co F' Morgan & Eklund Inc. SKEIN OF LEGAL DE�p110N 3�51'1a7�-9
a PROFESSIONAL SURVEY CONSULTANTS SOUTH
�P�� � y� 1) 1„00020201 �600
E I'll",� 1612 NW 2ND AVENUE `OU H i7 . �CIE COUNTY
BEACH DISTRICTORA11ON
g ma= 4909 US HIGHWAY/1 SURE 3 � LWIE COUNT I EROSION 11/30/20
VERO BEACH FL 32967 BOCA BATON FL 33432 Y/
m PHONE (77772) 388-5364 PHONE: (954) 421-8882
9 FAX: (72) 388-3165 LB #4298 FAX: (954) 421-0425 ° ��®C ONE r ym 1 pr 3
,0
1
EXHIBIT "At1
SRC R98-18 2012
r NAD 83/90 N=1081985.60
E=909213.27
POINT OF BEGINNING OF WEST EASEMENT LINE
NAD 83/90 N=1081789.13
1 E=909316.22
Line Table
27 Line # Direction Length
-- =. ' — — L1 N14' 22' 29"W 2970.72'
L2 TM
ic L2 327' 39' 18"E 221.81'
34 ,11r`
�' L3 S23' 01' 00"E 757.60'
35 L4 S21' 45' 01"E 999.30'
\iic:a
DNR MONUMENT 94-77-A03 L5 S22' 40' 46"E 988.27'
NAD 83/90 N=1079107.89E=909950.7 L6 S20' 27' 48"E 974.64'
ATLANTICTOWNSHIP 36S, RANGE 4 Ekr OCEAN L7 S20' 39' 36"E 987.46'
TOWNSHIP 37S, RANGE 411E 114\G L8 322' 42' 50"E 972.76'
�>.\
`cam L9 S23' 29' 45'E 1008.81'
N . L10 322' 12' 18"E 940.81'
O
3 2 �\' L12 L11 S22' 16' 46"E 654.48'
L12 S19' 36' 39"E 386.32'
a A�3p. L13 323' 36' 20"E 977.16'
C L14 S23' 57' 25"E 1104.24'
CP. c3`
\`<�— L15 S24' 26' 17"E 1082.21'
"P:, _Cis
t12 L16 S23' 50' 11"E 803.61'
LANDWARD LIMITS L17 S22' 36' 27"E 1129.03'
1 o OF CONSTRUCTION
10 1 ,CA L18 322' 14' 48"E 1010.56'
,��: L19 S22' 36' 24'E 787.45'
' L20 S22' 56' 21"E 1983.23'
il
z '` i SST. LUCIE COUNTY — --Ali
L21 N38' 18' 07"E 26.84'
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
N=1065574.82 NAD 83/90 E=916068.51
N E=916051.88 L21
3vYpQ�,_/1�91mIMM/O�® SKETCH OF LEGAL DESCRIPTION �.
Morgan .� Eklund Inc. Si r� sw�:.�woo 35117-9
:NW or�e,.�xm>a LANDWARD LIMITS OF CONSTRUCTION
PR"
SURVEY CONSULTANTS f 3 .�. =30
....4 m.o.�"--:g, le/ SOUTH ST. LUCIE COUNTY BEACH RESTORATION
;jw Jay 3 1012 NMITE A3343 i"=3ooa
MRcE �' Ys3e4 4 21 •�L � FOR ST. LUCIE COUNTY EROSION DISTRICT 11 o
`% FAX:�316-3106 FAX:(1(64)421-W6t }. r imcv l or MINI If os wr MU ION MM.a MEW
i LEI/4TD6 m"� LFP DWC map ✓ . 2 s 3
04 EXHIBI A"
MEAN HIGH WATER LINE
ELEVATION=0.51 NAVD 88 \
\ JANUARY 18,2012 ATLA/.H r
149'± C
- - - ----
(.!) s( N
'13 PID#45123310002020 i t o‘ W�
10978 S OCEAN DRIVE s\ Q OCEAN
7 JENCOURT LLC
J 1001 E ATLANTIC AVE STE 202 N-D U?
1 DELRAY BEACH, FL 33483-6974 ct\V
\ 7
PROPOSED
N EASEMENT
0� (0.88± Ac.)
, /\ N
0 LANDWARD LIMITS 6);
' N-
150,±OF CONSTRUCTION \ s
\ 0
G ` t . ,
\
DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT
THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 4074,PAGE 1267,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
co
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
op
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
0 1,065,595.88 FEET AND EASTING OF 916,068.51 FEET,SAID POINT BEING 26.84 FEET DISTANT FROM A DEPARTMENT OF NATURAL
cl
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.
✓ "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION"
3
0
NOTES:
2 THIS IS NOT A SURVEY.
x CER77F7C4TE OF SURVEYOR - I HEREBY CER7IFY THAT THE INFORMATION
w LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, OWNERSHIP OR SHOWN HEREON IS IN ACCORDANCE WITH A RECENT FIELD SURVEY
of EASEMENTS OF RECORD MACE UNDER MY DIRECTION AND THAT IT IS TRUE AND CORRECT 70
v NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA THE BEST OF MY KNOWLEDGE AND BELIEF, AND MEETS THE STANDARDS
n. OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL
co LICENSED SURVEYOR AND MAPPER LAND SURVEYORS IN CHAPItK 5✓-17, FLORIDA ADMINISTRATIVE CODE,
a COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. PURSUANT 70 SECTION 472.027, FLORIDA STATUTESxr
yj��
o �7/fC(LL�
m BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE
SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990.ix
,o PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS
`iG/�J
a PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. D4VTD W. COCO/N, PSM
w LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY PROFESSIONAL SURVEYOR AND MAPPER f 6359
Kw CORPORATION. STATE OF FLORIDA
0
ro
L Morgan & Eklund Inc. SKETCH OF LEGAL DESCRIPTION 33511SI1p7--9
= PROFESSIONAL SURVEY CONSULTANTS PARCEL 451233100020201 '°�`
a r 1612 NW 2ND AVENUE
SOUTH ST. WCE COUNTY BEACH RESTORATION 7 ,"
Aar
,, M&E 4909 US HIGHWAY 41 SUITE 3 FOR ST. WaE COUNTY EROSION DISTRICT 11/30/20
VERO BEACH, FL 32967 BOCA RANN FL 33432
m PHONE: (772) 388-5384 PHONE: (954$ 421-8882
m FAX: (772) 388-3165 FAX (954) 421-0425 MN r M0KEE,N MD Saar OW OF SLIMY
VW 3 OF 3
LB #4298 LFP DWC ME _
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.
Jencourt LLC
Witness Signature: k Signature: idWil
Print Witness Name: H&nnal Lua.I 5o Title: pmjez-
Witness Signature: {( M1' c te: CI\o,.r c.\ti t 5 , a a a l
Print Witness Name: 1t cL�nYsY. S:1S)mu.%\c,S