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HomeMy WebLinkAbout21-121) ) RESOLUTION NO. 2021-121 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 Emerald Funding, 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 COU TY, FLORIDA ,f/r/ B : Deputy C Xr it G® `ram tc" _ • z APPROVED AS TO FORM AND se, � CORRECTNESS: oo 10 /IL/ BY: County A orn: St.Lucie County,Florida Coastal Storm Risk Management Project PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT THIS EASEMENT,made this f(, day of /'/!Qre A ,20a between Emerald Funding,LLC, whose address is P.O. Box 1383, Long Island City.NY 11101-0383, 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 lade a part hereof;and WHEREAS,GRANTEE and the Department of the Army have entered into a Project Partnership Agreement or the St.Lucie County,Florida Coastal Storm Risk Management Project(the"Project")whereby GRANTEE has agreed oa be the Local Sponsor for the Project,which provides for beach and dune nourishment within the South Hutchinson stand reach;and a 9 w a WHEREAS,as Local Sponsor for the Project,GRANTEE is required to obtain"perpetual beach storm damage C reduction"easements from owners of property in the South Hutchinson Island reach,such as GRANTOR;and W U I-- Q O o cr co WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage to LO o GRANTOR's property and restore the adjacent beach and dune. w o U o g; NOW THEREFORE,in consideration of the mutual benefits to be derived from the permitted uses described L Z oLLI S below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the o o a CO Parties to this easement agree to the following: Vco va u cWi z GRANTOR does hereby bargain,convey,and grant a perpetual and assignable easement and right-of-way in, o on, over, and across the land described in Exhibit"A", which is attached hereto and incorporated herein, for use by awoo° GRANTEE,its representatives,agents,contractors,and assigns to construct;preserve;patrol;operate;maintain;repair; v,L o ct 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: Emerald Fundii ' Witness Signature Signature Print Witness Name 4 Title Witness Signature Print Witness Name STATE OF COUNTY OF •• Ii The foregoing instrument w.s ;c e•ges before me by means • physical presence or nline notarization, this day of , 202 , by of Emerald Fundin, LLC I; ifomia limited Habilis. om an , on behalf of e can 1 :s PT?/She is personally known to iAr 7 has produced r as ident' 'esti 6kr IA\ .[NOTAY SEAL] CO_ L - \'1°H.0111111.1111 Nc P M Co ' fission e .... California All-Purpose Acknowledgement A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Humboldt On Agayc,tt IDI›e 21 before me, Loene Gossett, Notary Public personally appearedi p Y /A'1 ���� �� ��t✓ who proved to me on the basis of satisfactory evidence to be the erson( whose name IgL4e subscribed to be within instrument and acknowledged to me thatteA'ie/fey executed the same in his/Ier/peir authorized capacity(ie,), and that by hia[t�r/tpir slgnatur on the nCs instrument the perso ), or the entity upon behalf of which the pew(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my nd and official seal. LOEHE GOSSETT „,:qmorfr , Notary Public•California Humboldt County r Commission Li; C272J Signature o N r I OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgement on unathorized document and may prove useful to persons relying on the document. Description of Attached Document The preceding Certificate of Acknowledgement is attached to a 9 -di v Pika \/( (� Tit e or dis ription or Docu ent containing, pages, and dated 1 d r,,(n I( ZQ?—( . aS 01 Qc Copyright©Develop Point Education 2015 07 h' EXHIBIT "A" ,\\ R-110 ` ` CTION 2,TOWNSHIP 37S,RANGE 41E 2 SE(TION 11,TOWNSHIP 37S,RANGE 41E \ \ 11 12 cn co \ H m 0 0 z z N ZIIIIIII � \`, S: 1" = 600 FEET R-111 v V IIII Lf A 13 D .‘11111FA I \ z z c) 111101,',V ' m m m �..' o m m aV 0 V' \ ATLANTIC 4111111111111115u 0 ///////// . R-112 \\ \ II=•/=ma p,p AV KW?.4 LANDWARD .i. ma Ina ma LIMITS OF m =��"���WO, liCO STRUCTION /ma /ir _ � �)��QO�Ad IP ih, i OCEAN w:I I 4 �,� ��������, : isl 1111 0 1 \\I\\: /\\\\\\�I/1 \\ ak it `Ix%0 al MEAN HIGH WATER LINE ELEVATION=0.51 NAVD 88 ./.�� ' ��,� JANUARY 18,2012 •` t• ,, R-113 El `\ \ a N .. ... ,__\ I��.ct Ilk;:: �0ii�ii�Via Ili AiWo �U'4 .$VP k �, i, T 1,�I 014 R-114_` PROPOSED EASEMENT I. 2 ne Sn_ .n_ a . _ _. uo .•._ , ` LEGEND \ (SEE DETAIL SHEET 3) i.a 4 P.O.B. = POINT OF BEGINNING \�,,� 1� \ X NAD = NORTH AMERICAN DATUM L�/�Q4 , w NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 �s' G ��g R-102 = FDEP RANGE MONUMENT(TYP) V h N —--—--— MEAN HIGH WATER LINE AND EROSION I I I I I I I I I ' a (II IIIIII/ /1/e7r CONTROL LINE AS LOCATED JANUARY 18,2012 II I I I I)I 0 A/ m —---------— PROPOSED LANDWARD LIMITS OF CONSTRUCTION R-115 `. `, o AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION i II \ t / / / PROPOSED EASEMENT AREA w \ Ei rn L, Morgan & Eklund Inc. S� OF LEGAL DESCRIPTION 3°°5;'„9 Vl 3 a. PROFE88IONAL SURVEY CONSULTANTS MUM ��P'�1��y451231y` 10002 ''� Eo MU Ifl S . LE COUNTY 1 BEACH RESTORATION 1".600' � ~ 1812 NW 2ND AVENUE m IVI&E 4909 US HIGHWAY 1 SUITE 3 M DOE VERO BEACH FL 32987 BOLA RATON FL 33432 FOR •�'• L 11/30/20 m PHONE (772) 388-5384 PHONE (954) 421-8882 DOWN n OWNED n. REID BOX Bo DUE OF y y FAX: (7'72) 388-3185 FAX: (954) 421-0425 soy 1 Or 3 „ LB #4298 LFP DWC xa 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 L2 M -- -7 L1 N14' 22' 29"W 2970.72' ,I�f. L2 S27' 39' 18"E 221.81' 34 �, L3 S23' 01' 00"E 757.60' TPA ON 35 L4 S21' 45' 01"E 999.30' DNR MONUMENT 94-77-A05 L5 S22' 40' 46"E 988.27' NAD 83/90 N=1079107.89 (-__I E=909950.7 L6 S20' 27' 48"E 974.64' ATLANTIC TOWNSHIP 36S, RANGE 4 E �6) OCEAN L7 S20' 39' 36"E 987.46' TOWNSHIP 37S, RANGE 41E 107?,c L8 S22' 42' 50"E 972.76' t `; L9 S23' 29' 45"E 1008.81' �O r L12 L10 S22' 12' 18"E 940.81' 3 2 �\ L11 S22' 16' 46"E 654.48' nl=1U' L12 S19' 36' 39"E 386.32' Try o L13 S23' 36' 20"E 977.16' m` C� L14 S23' 57' 25"E 1104.24' 70" — • Ilic L15 S24' 26' 17"E 1082.21' -177= 12 L16 S23' 50' 11"E 803.61' c LAINDWARD LIMITS L17 S22' 36' 27'E 1129.03' OF(CONSTRUCTION 10 11 % CA L18 S22' 14' 48'E 1010.56' i I �� �� L19 S22' 36' 24"E 787.45' L20 S22' 56' 21"E 1983.23' ,'2"' \V . L21 N38' 18' 07"E 26.84' ST. LUCIE COUNTY I _ -; 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 N=1065574.82 83/90 E=916068.51 E=916051.88 L21 SKETCH OF LEGAL DESCRIPTION . , Morgan agar NAM I M MOW=I•l A Miff Fir wAC' Eklund Inc. raaseer srr•vrowww 35117-e "1''� `"A .: o LANDWARD LIMITS OF CONSTRUCTION E!/wrQ.r rtna w 5r aMl I'110rlSSIONAL SURVEY CONSULTANTS 'w•u m 1aw,aaari wyrot �,4.1.11 1612 q6,2011/1WWE L it fC✓,/ SOUTH ST. LUCIE COUNTY BEACH RESTORATION 1 3000 M&E V us MOFL eoa n 3343x eM�4 s�'�'' FOR ST. LUCIE COUNTY EROSION DISTRICT . h PHONE(772�Jl6-5.704 PFg1E:(M4 421-EEE2 rs a M a�r am w �o aor as w.�n FAX(77 2)366-3166 !4�F46,(Q64)421-0461 •r. v LFP DWG Mr�n _ yam, 2 e 3 imiummenemow a611lrrrk Iiiirp 07 EXHIBIT "A" MEAN HIGH WATER LINE ``. b ATLANTIC ELEVATION=0.51 NAVD 88 �- 0 JANUARY 18,2012 , ,,, 451231300010002 ��`•/ ,�t EMERALD FUNDING, LLC �;' PO BOX 1383 6? `- LONG ISLAND CITY, NY 11101-0383 v <<\ N % // \ OCEAN 1 0 ; b rffe PROPOSED \ oo EASEMENT 0� (0.30± Ac.) \ ° Q LANDWARD LIMITS`-� 0 _ OF CONSTRUCTION �` 0 (0 % \!1\ ) i , DESCRIPTION OF PROPOSED CONSTRUCTION EASEVENT THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 4163,PAGE 2839,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; E 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; E. N 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 N 1,065,595.88 FEET AND EASTING OF 916,068.51 FEET,SAID POINT BEING 26.84 FEET DISTANT FROM A DEPARTMENT OF NATURAL It 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 m 83/90)ALONG A BEARING OF N 38°18'07"E. o "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION" 0 m D 0 NOTES: t THIS IS NOT A SURVEY. ui LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, OWNERSHIP OR CERTIF/CAIE OF SURVEYOR - I HEREBY CERTIFY THAT 7HE INFORMATION ° EASEMENTS OF RECORD SHOWN HEREON IS IN ACCORDANCE WITH A RECENT FIELD SURVEY MADE UNDER MY DIRECTION, AND THAT IT IS TRUE AND CORRECT TO m NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA THE BEST OF MY KNOWLEDGE AND BELIEF, AND MEETS THE STANDARDS co LICENSED SURVEYOR AND MAPPER OF PRAC77C£AS SET FORTH E'iY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, D_ COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. PURSUANT TO SEC7TON 472.027, FLORID, ST 7UTES. co c BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE Do SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990.ix ���y , o PROPERTY UNE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS ��L✓��// la PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. DAVID W. COCCIN, PSM w UNE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY PROFESSIONAL SURVEYOR AND MAPPER if 6359 'o CORPORATION. STATE OF FLORIDA v 0) = Morgan & Eklund Inc. SKEW OF (F� DESCRIPTION 3`"51�'„9 0_ PROFESSIONAL SURVEY CONSULTANTS5 ,r4• PARCEL451231300010002 JOKE 1812 NW 2ND AVENUE SOUTH ST. LUC E COUNTY BEACH RESTORATION 1"=100' E IVI&E 4909 US HIGHWAY 11 SUITE 3 COUNTY DISTRICT 11/30/20 VERO BEACH FL 32987 BOCA RATON FL 33432 m PHONE (772) 388-5384 PHONE (954) 421-8882FEW m FAX: (772) 388-3185 FAX: (9�5544) 421-0425 a ~ ueDtID IfSaar nor OF nw+cY LB #4298 LFP DWC e in sox 3 3 Ma 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. Emerald Fundin ,LLC Witness Signature:d Signature: Print Witness Name' i rri '�'b, Title: Witness Signavl l,�'J Date: A1(2f / / 2C)2i Tr VI Print Witness Name:4001469 C.0 _. California All-Purpose Acknowledgement A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Humboldt// On AAAvrJ1 fiat -0.4ilefore me, Loene Gossett, Notary Public personally appeared v3-6( K. who proved to me on the basis of satisfactory evidence to be the person ) whose Haar e is/arp subscribed to be within instrument and acknowledged to me that he/Shethey executed `the lame in hisTer/their authorized ca acity(ie , and that by hisPier/heir signatures) on the instrument the persofi( ), or the entity upon b half of which the person ) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LOENE G05SETr Witness my and and official seal. NotaryPublic-California r. Humboldt County 4,f r Commission f 2346672 My Comm.Expires Feb 12,2025 ature of t y lic OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgement on unathorized document and may prove useful to persons relying on the document. Description of Attached Document The preceding Certificate of Acknowledgement is attached to a 1^ it t V PP(t.�=c 1Zf `r /UI �� ld/U A itle or discription or Document containing, ( pages, and dated /Ad i6/71 . Copyright©Develop Point Education 2015