HomeMy WebLinkAbout21-125 RESOLUTION NO. 2021-125
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 Island Dunes
Oceanside II 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 CO TY, FLORIDA
/d''/ 70 .4K7N- ---•
7 Deput7C - C air
'rqY CO,M ,
iP
* 0 CI APPROVED AS TO FORM AND
;4- 4,* - "' m CORRECTNESS:
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F r ,
lirY,nose
BY:
County t ey
St.Lucie County,Florida Coastal Storm Risk Management Project
PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT
THIS EASEMENT, made this 2.5— day of 1-4/14Viti/N , 20Zi between Island Dunes
Oceanside II Condominium Association, Inc., whose address is 8880 SI Ocean Dr, Jensen Beach, 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".
5
(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.)
1 F-
A WITNESSETH:
Nco
WHEREAS, GRANTOR owns beachfront property described in Exhibit"A", incorporated by reference and
c N made a part hereof;and
✓1 Z O t�O
o o a- WHEREAS, GRANTEE and the Department of the Army have entered into a Project Partnership Agreement
t.w&- for the St.Lucie County,Florida Coastal Storm Risk Management Project(the"Project")whereby GRANTEE has agreed
t 4 Z to be the Local Sponsor for the Project,which provides for beach and dune nourishment within the South Hutchinson
Fo ce Island reach;and
m0
E Er) o cc 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.
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:
Island Dunes Oceanside II Condominium
Association, Inc. �Witness Signature Signature'`( 6• , t 't'it-
Print Witness Name t,[`TiNF Mr& Title PireSt
Witness Signature
Print Witness Name SY` „
STATE OF Flolrtd4
COUNTY OF S -
menof ph si alpresence The foregoing instrument was acknowledged beforeme b a s � p y or_online
notarization, this Z day of.Sq,tl ri 2N►1 , 202 I , by imps 5l; Rot K-e✓
of Island Dunes Oceanside II Condominium Association, Inc., on behalf of the corporation. He/She is,,personally
known to me or has produced as identification.
[NOTARY SEAL] •
Notary Public �ZZ
My Commission expires:
� r o�•., RICHARD E.SHAWvER
Notary Public-State of Florida
Commission#GG 243201
oF•t..°p' My Comm.Expires Aug 7,2022
Bonded through National Notary Assn.
37 \EXHIBIT "A"
o
94-77-A0 \
R-98
SECTION 27,TOWNSHIP 36S, -• •1E \ 27
\SECTION 34,TOWNSHIP 361,RANGE 4
— 435
Z
�r� � \\\ 1" = 600 FEET
Z �'` R-99A \ \
it
°c. MEAN HIGH WATER LINE
ELEVATION=0.51 NAVD 88
C %O \ JANUARY 18,2012
m \
0 ` \\
/ c.\\ \
ATLANTIC
R-100A OCEAN
o \
\ \
\
\
\
\ PROPOSED EASEMENT
. (SEE DETAIL SHEET 3)
z z /
W
,7),,
A fn
--I
a
O g0
R-101A
N x x .
o =
N 'U
Q 0) CT, J
(n m 7
t D D N LANDWARD
LIMITS OF
o m'm °�./ CONSTRUCTION
p 0
M m m d
z R-102 \\
L O �p \
x
w m
of
w LEGEND
P.O.B. = POINT OF BEGINNING \
0o NAD = NORTH AMERICAN DATUM \ -
z NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988
o0 /
R-102 = FDEP RANGE MONUMENT(TYP)
cn w r
—--—--— MEAN HIGH WATER LINE AND EROSION I �� \ •
a CONTROL LINE AS LOCATED JANUARY 18,2012
vto R-103 \ \
m ----------- PROPOSED LANDWARD LIMITS OF CONSTRUCTION
o AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION \c`,�
\ \
wj/////jA PROPOSED EASEMENT AREA \
'v
N
E
„' Morgan & Eklund Inc. SKETCH OF LEGAL DESCRP11ON 3° `7-9
o PROFESSIONAL SURVEY CONSULTANTS
23
ISLAND DUNES OCEANSIDE I ASSOCIATION. INC.
a ` r SOUTH ST. LUCE COUNTY BEACH RESTORATION 1„SOUL
=600'
1612 NW 2ND AVENUE '�r COUNTY
�y
m ' M&E 4909 US HIGHWAY i1 SURE 3 FOR ST. WCIE COUN 1 1 EROSION DISTRICT 1/25/215/
VERO BEACH FL 32987 BOCA RATON FL 33432
m PHONE (772) 388-5384 PHONE:298 (954) 421-6882
m FAX (772) 388-3165 #4 FAX (954) 421-0425 ° a� a mg' 1 or
v.
EXHIBIT "A"
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 - 1 — L1 N14' 22' 29"W 2970.72'
ttAr L2 S27' 39' 18"E 221.81'
34 J%�
!4r( L3 S23' 01' 00"E 757.60'
1 \ r 35 L4 S21' 45' 01"E 999.30'
61
DNR MONUMENT 94-77-A0 L5 S22' 40' 46"E 988.27'
NAD 83/90 N=1079107.8 t-
-A L6 S20' 27' 48'E 974.64'
E=909950.7 ATLANTIC
TOWNSHIP 36S, RANGE iriE 61 OCEAN I L7 S20' 39' 36"E 987.46'
TOWNSHIP 375, RANGE 411E L8 S22' 42' 50"E 972.76'
�� L9 S23' 29' 45"E 1008.81'
O
f I N la C- j L10 S22' 12' 18"E 940.81'
3 2 °�\—' L12
ip(. L11 S22' 16' 46"E 654.48'
L12 S19' 36' 39"E 386.32'
a�
L13 S23' 36' 20"E 977.16'
I I m L14 S23' 57' 25"E 1104.24'
PP >'� L15 S24' 26' 17"E 1082.21'
7� 6)
7 ,� 12 L16 S23' 50' 11"E 803.61'
LANDWARD LIMITS il, L17 S22' 36' 27'E 1129.03'
OF'CONSTRUCTION
10 11 ,�CP L18 S22' 14' 48"E 1010.56'
���p L19 S22' 36' 24"E 787.45'
E
L20 S22' 56' 21"E 1983.23'
Z 1 ST. LUCIE COUNTY ICf) L21 N38' 18' 07"E 26.84'
w L_
2 4y 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 }t. � E=916068.51
E-sJ.1 S051.88, ''.
X.
a.,nra w-,—a,MRN� SKETCH OF LEGAL DESCRIPTION p
��-, Morgan to Eklund Inc. WO,WWII 1I®i�rW/I0~��' 3511 10
9 �wrrirr�rii '�ioo
r, ,..W'l1"' dr LANDWARD LIMITS OF CONSTRUCTION
rnoressIoNAL 8URVET CONeULTANTO 4/
2 1l12 nr aro A D& Cr;,,—:: :;'";
- ' Fi�7l'�7 SOUTH ST. LUCIE COUNTY BEACH RESTORATION 1"=3000
MBcE v��'HOB""Y eon ("'� swz /���/� '� FOR ST. LUCIE COUNTY EROSION DISTRICT 111sno
%, FAY�SIE�-3 F ACC'p4)41 1-W61 t
.wnL w►� a.r ass m a CI NW r mo : �
1 lD If p 142913 LFP DWC a - ae 2 r 3
37 \ \ `E ,..,
\ \- _-/// - ' ,
\ �/ ./ C\ MEAN HIGH WATER LINE
ELEVATION=0.51 NAVD 88
\\ PROPOSED JANUARY 18,2012
EASEMENT ': Ntoo
- -\
\ ``sue
\ NV/' \ c
A.C.
o_ /� b
m ��'% ATLANTIC
N A 353532200030002j/;jam OCEAN
AND ALL CONDOMINIUM ;tso,
UNIT OWNERS
ISLAND DUNES OCEANSIDE II
CONDOMINIUM ASSOCIATION,
• INC.,
N
8880 S OCEAN DR !r4I
JENSEN BEACH, FL 34957 `a
1 j- �‘ v,S, PROPOSED
�
o EASEMENT
O Ii
(0.56t Ac)
LANDWARD LIMITc<\
OF CONSTRUCTION -- . '4
DESCRIPTION OF PROPOSED CONSTRUCTION EASEv E\ T
THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 634,PAGE 2331 AND OFFICIAL RECORD BOOK 656,
PAGE1534,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
Ea COORDINATES OF NORTHING 1,081,789.13 FEET AND EASTING OF 909,316.22 FEET,SAID POINT BEING THE POINT OF BEGINNING OF THE
g- FOLLOWING DESCRIBED LANDWARD LIMITS OF CONSTRUCTION LINE;THENCE S 23°01'00"E FOR A DISTANCE OF 757.60 FEET TO A POINT;
N 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;
o 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;
g 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;
4 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
S. 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
N 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
- 1,065,595.88 FEET AND EASTING OF 916,068.51 FEET,SAID POINT BEING 26.84 FEET DISTANT FROM A DEPARTMENT OF NATURAL
x 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
w 83/90)ALONG A BEARING OF N 38°18'07"E.
I "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION"
W NOTES:
0
• THIS IS NOT A SURVEY.
o LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, OWNERSHIP OR CEREFTCATE OF SURVEYOR - I HEREBY CER7IFY THAT 7HE INFORMATION
EASEMENTS OF RECORD SHOWN HEREON IS IN ACCORDANCE WITH A RECENT F7ELD SURVEY
w MADE UNDER MY DIRECTION, AND THAT IT IS TRUE AND CORRECT TO
2 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA THE BEST OF MY KNOWLEDGE AND BELIEF, AND MEETS THE STANDARDS
OF PRACTICE AS SET FOR174 BY 7HE FLORIDA BOARD OF PROFESSIONAL
nMi LICENSED SURVEYOR AND MAPPER
N LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE,
a COASTAL CONSTRUCTION CONTROL UNE NOT SHOWN. PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
v
M
m BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE C-1T' 1/2j-/Ze /
o SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990.
co PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS �t-�
▪ PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT.
r DAVID W. COGGIN, FS'M
w LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY PROFESSIONAL SURVEYOR AND MAPPER/ 6359
N▪ CORPORATION. STATE OF FLORIDA
E
r' Morgan & Eklund Inc. SITU OF LEGAL DESCRIPTION 3°°5117-9
D.
15
0 PROFESSIONAL SURVEY CONSULTANTSISLAM) DUNES SOWN
M OCEANSIDE COUNTY
C IO BEACHRESTORATION
ASSSOa.A ION INC". 5.
a L-r SO N S 1. LME NMI 1 1 BEACH RES I VM I ION 1,"=200'
1612 NW 2ND AVENUE OW
m s M&E 4909 US HIGHWAY#1 SURE 3 FOR ST. WCE COMITY EROSION DISTRICT 1/25/21
VERO BEACH FL 32967 BOCA RATON FL 33432
To PHONE: (77772) 388-5384 PHONE: (954) 421-8882 MIN m FAX (772) 388-3185 FAX: (954) 421-0425 ~ a� WOK ORE OF rswEr 3 or 3
LB/4298 LFP DWC AY6w -
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.
Island Dunes Oceanside II Condominium
Association, Inc. /�///) //�/y//,��
Witness Signature: � ;; Signature: 0/4 f
Print Witness Name: �6Ti Wm Title: ?PeStGtektA
Witness Signature: te:
Print Witness Name: CX-L C_ � �