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HomeMy WebLinkAbout21-122 RESOLUTION NO. 2021-122 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 Oceanrise 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 d Deputy e -2C u- J1- Co44° t. : . 2 APPROVED AS TO FORM AND '� T CORRECTNESS: c+� ,.+; P t b4-' Y,FLoco- BY: 1 t- ounty Atto St.Lucie County,Florida Coastal Storm Risk Management Project PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT THIS EASEMENT,made this i 4 day of ,ant-t,t.ty, __,20 ZV between Oceanrise Condominium Association.Inc„whose address is 10310 S Ocean Dr,Suite 105,Jensen.Reach,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 assists of individuals,and the successors and assigns of corporations,wherever the context so admits or requires) W1TNESSETH: WHEREAS,GRANTOR owns beach.front 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 together with appurtenances thereto,including the right to deposit sand;to accomplish any alterations of contours on said land;to construct hems 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 renourishunent 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 grarttor(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 tb be sued by third parties in any manner arising out of this Easement. This Easement shall become effective upon proper execution by GRANTOR. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4872985 06/03/2021 09:25:44 AM OR BOOK 4621 PAGE 2933-2939 Doc Type:EASMT RECORDING: $61.00 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 an the day and year above written. Signed,sealed and delivered in the presence of: A l Oceanrise Condominium As ion,In Witness Signature 14 y ri Signature _.... . _��< o .. Print Witness Name ` i J ` t /N Title Witness Signature Print Witness Name4e/✓ V"" /j/ ._:��'a moo STATE OF •(©t\ O. -- `3,e rc-ec CV, COUNTY OF ` Inuc i e. The forego ins ent was acknowledged before me by means of physical presence or online fi notarization,this 14 day of nc�c(� 202 f b � Oceanrise Condominium Association, I�c., on behalf of the co ration.H&SIN is personarY'nte or has produced as identification. r. NOTARYSEAL] C / / „ Notary Pub) CT (�-` My Commission expires ommiiiill •• 01;c,HIss z -t.°'• % v •i• w•;?„ „,. r *• ..•s` :*S tt #GG 293947 • i )-,0 tided e,e5 �e• t• -18„tic.sweet -lint 111N1% - ti . 19 s r F:.1� ` ', EXHIBIT"A"- \ , ®�� rr/0/0 A4 Oil ,11 le, R-toy , �` ® t LANDWARD LIMITS OF CONSTRUCTION l.\ $51: N 1 t1 = 600 FEET Sk+i18 %,\ y p 1 �i 1 1 1t`R ~ M t ELEVATION=0,61 NAyO88EAN HIGH WATER LAVE _.. � _ _ a \ + JANUARY 18,2012 1 , 1 �� , ATLANTIC _.^_ \ ' OCEAN \1 �` ° C Pfr EA�rr t,a , (SEE C TAL 81 E T 3) — CT1ON 2;TOWNSHIP 31S RANGE 419ca _", 2 tsi ___,_ SE TION 11,TOWNSHIP'37S,RANGE 41E , :/\ 11 12 znLEGENL) P.O.B. = POINT OF BEGINNING f M NAD = NORTH AMERICAN DATUM I13 1 TT g NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 M R-102 nil FDEP`RANGE MONUMENT(TYP) R-t+ ` "'� - — MEAN HIGH WATER LINE AND EROSION I ` k+ m CONTROL LINE AS LOCATED JANUARY 18 2012 ~-------- PROPOSED LANDWARD LIMITS OF CONSTRUCTION iEMI , :+- AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION ., + 10 PROPOSEDrd EASEMENT AREA 10 _ \-4 o n ryi Morgan & Eklund Inc. >'tM CF MIL a02111Witi la amt n PROFESSIONAL- SURVEY CONSULTANT* OCEMMISECOIi1O1 IN 1 ASSXIADQN. INC.SUS US MORNAY fl 101k SOUTH ST. WOE MET( BEACH RISIORA1K*I +'=eorr or FOR St LUCIE COUNTY EOBI011 OAT ,t7II FIiOIIE 3E4484 ram i64)421-480 i w ,, awe ra�erw ao.war nbrsrerr FAx: )3 8-3105 FAX(a�s4)421-0428 Is PISSLFP MAC ME W. a 1 .. 3 le 4. .1 '''Ii.i.','A „ of R s' R S. itilti 11.*-.--ar';k%.,,t.1.4.4" "."..24-4'''' , ".1. ik 4}»i I ,_ a `' . . r I . f ' .: :-,' ,4:.' ri,,r4Itit*. , . r mn+ypsxs a 1tf�s. T: ' , . 1 161 ei.:M" 0 whwiIM P$oras�IowAe rnorur CONSULTANT. ;_ sz x_ . LANDWARD UM115 OF CONSTRUCTION - .� tens ��ow • z {$' '"�°`SOt311i* St LUCiE COUNTY BEACH REST AA11O '' milt a ' '" - FOR ST. w COUNTY ERosc DISTRICT „; La a aae Ee per: a+-o+at "`L...i.. .... +.... A..eir ,..,. x u l i.P rrwc -- — to N: - 19 EXHIBIT"A" --___\ \ A b1t 1i MEAN HIGH WATER LINE % tT'� ELEVATION=0.51 NAVD 88 >a tp \ JANUARY 18,2012 A S/ PROPOSED //' ram' ATLANTIC \ /E'AI> '�' ` \0JI2f Ac.! Na,� 1 451151500000002 i .>' �" N \ AND ALL CONDOMINIUM UNIT 'S �f OC,' OWNERS OCEANRISE v' y;, 'S CONDOMINIUM ASSOCIATION, INC.fi' '':y� 0 10310 S OCEAN DR OCEAN O SUITE 105 `''LI_ ��/``'� T �% JENSEN BEACH, FL 34957 {s /2 � ` 1 4,,, C LANDWARD LIMITS OF ' CONSTRUCTION 1--'----- .-r------ iq t A It \AJ1 DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 313.PAGE 2307,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(NAD83190),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; E 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: o 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 r 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 i 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 o 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 RESOURCES MONUMENT PL-R-1 4-9-921992(HAVING COORDINATES OF NORTHING 1,065,574.82 FEET AND EASTING 916,051.88 FEET WAD z 83/90)ALONG A BEARING OF N 38'18'07"E. M "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION" c a r NOTES: v THIS IS NOT A SURVEY. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY. OWNERSHIP OR anirrTr,4Tr OF SURVEYOR-I HEREBY cER7IFY MAT ME INFDRAtAMJN EASEMENTS OF RECORD SHOWN HEREON IS AY ACCORDANCE MIN A RECEN FIELD D SURVEY NOT VAUD THE BEST o, Am n WITHOUT THE S1GNATIME AND THE ORIGINAL RAISED SEAL OF A FLORIDA MADE MYK tErTION AND ROTL' ' CORRECT io A KNOWLEDGE AND 8E21fF AND frFE7s THE STANDARDS '1 LICENSED SURVEYOR AND MAPPER OF PRACTICE AS SET FORM by,TNE fJTOR1 OOe4 OF PROFESSIONAL m LAND SURVEYORS IN C 4VTIER Y'FL G„F!.-NA24 AA41NISMATNE CD[ ,COASTAL CONSTRUCTION CONTROL UNE NOT SHOWN. PURSUANT TO SECTION 1T2pYT fLORIDDA rSTATUTES. a BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE j ^7 t`. " _ SYSTEM, EAST ZONE. NORTH AMERICAN DATUM OF 1983,. NGS ADJUSTMENT OF 1980_ ,c PROPERTY UNE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS 1, i . PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. a UNE DEPICTING LANDWARBO LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY "MCIN S( CORPORATION, A^ �otN AT sag �. STATE or fLDRID4.. I T Morgan & Eklund Inc. SKETCH OF UCOALOESCHPION tassum to 35117.9 67 MAL g o "' PROFESSIONAL GQNR4ILTANTY A a*� A Anci I'. CIO us Wows(#� SOWN St WOE R '8EAa4 REST " ION =zaa „Y MI P.O,802 1420 11I18 3W 1ST WAY FOR ST. I OS I CT pR w WAWASSO.FL 32470 D4'MELD8F�yw.FL 33441 11I30 2tT utDi mow 33 386-6364 PHONE NU) 421-4882 ...... _-__ ./ FAX:mow_ 31Ad-3185 FA1(:(OS4)421^tM45 a` IN ....^+IM+AaAr upe arawW ± LS f 4280 LFP' DVV. Falt Mt tar, 3 or 3 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. Oceanrise Condominium Association, Inc. Witness Signatur . Signature: 0110,11011 Print Witness Name: � d Title: Witness Signature: Date: _ 2 "02 1 Print Witness Name: fti_ 1C"�CaCQ 4