HomeMy WebLinkAbout21-144 r
RESOLUTION NO. 2021-144
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 Lake Garden
Development Incorporated is duly accepted on behalf of St. Lucie County Erosion District this 1st
day of June, 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
Deputy Clerk Chair
o���y C�M,y�S
* Z
a 4,7 APPROVED AS TO FORM AND
rGc' ';?; . CORRECTNESS:
4C�VNTti,c10�``e
4
BY: 4-
County Atto ey
St. Lucie County, Florida Coastal Storm Risk Management Project
PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT
THIS EASEMENT, made this 5 day of / ' 202,/ between Lake Garden
Development Incorporated, whose address is 2231 Rockwood Dr, M , GA 30067,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".
iv
Q.
(Wherever used herein the terms"Grantor"and"Grantee"shall include singular and plural,heirs,legal representatives,and assigns of
8 individuals,and the successors and assigns of corporations,wherever the context so admits or requires.)
Qo
WITNESSETH:
N p3
O N
}N W
a$ WHEREAS, GRANTOR owns beachfront property described in Exhibit"A", incorporated by reference and
0°a made a part hereof;and
CO
N
7 0 Y o WHEREAS, GRANTEE and the Department of the Army have entered into a Project Partnership Agreement
z w g o for the St.Lucie County,Florida Coastal Storm Risk Management Project(the``Project")whereby GRANTEE has agreed
t o t' 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 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
constnted 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:
Lake Garden Development Incorporated
Witness Signature Signature ki/1/1 -.
Print Witness Name Title
Witness Signature
Print Witness Name 1 t
STATE OF Ocore3
COUNTY OF Cbb
The foregoing instrument was acknowledged befo me by means of v physical presence or online
notarization,this 5 day of 11A '1 ,202",by y) r-N 41901 ,of
Lake Garden Development Incorporated,on behalfofthe corporation.He/She is personally known to me or has produced
01Ave r'SLCccnSe as identification.
[NOTARY SEAL] /0014.4.4."04...jvc,
otary
My Commission expires: 10121
Notary Public
Maly IC Sullivan
Cobb County, GA
o , EXHIBIT "A"
J SECTION 35;TOWNSHIP 36S,RANGE 41E
SECTION 2,TOWNSHIP 37S,RANGE 41E --
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R-105
0 LANDWARD
0) /LIMITS OF CONSTRUCTION
Ci :
'� 1" = 500 FEET
R-106 ,1 A\
p ,
MEAN HIGH WATER LINE
ELEVATION=0.51 NAVD 88
�///O*0 ;;;:': JANUARY 18,2012
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I� U Fog-\\��•��� ,�.�� ATLANTIC
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OCEAN
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a .3 R-108 PROPOSED EASEMENT
v (SEE DETAIL SHEET 3)
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LEGEND /
P.O.B = POINT OF BEGINNING
N NAD = NORTH AMERICAN DATUM
NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 ,—..--js' '
R-102 = FDEP RANGE MONUMENT(TYP) 7";1
15
- - - - -- MEAN HIGH WATER LINE AND EROSION O %%
N CONTROL LINE AS LOCATED JANUARY 18,2012 Rioa.
//}
- -- PROPOSED LANDWARD LIMITS OF CONSTRUCTION it
AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION `
PROPOSED EASEMENT AREA ,
E
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W
ll
Morgan 81 Eklund Inc. S( OF LEGAL DESORPTION 3a 5 1111 77--9
m PROFESSIONAL SURVEY CONSULTANTS PARCEL 450231400012006 war
m ,' SOUTH ST. LUCIE COUNTY BEAN RESTORATION `500
1812 NW 2ND AVENUE
o M&E 4909 US HIGNWAY/1 SUITE 3 FOR ST. WOE COUNTY EROSION DISTRICT 1v3on0
n VERO BEACH FL 32 87 BOCA RATON FL 33432
o PHONE: (n2y 388-5364 PHONE: (954f 421-8882 ,�, p�f. MID MOOR �OF Y
m FAX: (772) 388-3185 FAX: (9 ) 421-0425 qQ7 1 3
r LB /4298 LIP DWC RIMAo
EXHIBIT .,A„ l! l ,_.
( -- 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 \ I Line # Direction Length {
rL2 —I L1 N14' 22' 29"W. 2970.72'
V L2 S27' 39' 18"E 221.81'
34
` ' '"
01'
'S23 00E 757.60
�C-ram L3
I % cp 35 L4 S21' 45' 01"E 999.30'
DNR MONUMENT 94-77-A03 L5 S22' 40' 46"E 988.27'
NAD 83/90 N=1079107.89 (..% L6 S20' 27' 48"E 974.64'
E=909950.7 ATLANTIC
TOWNSHIP 36S, RANGE 4' E Y.. OCEAN L7 S20' 39' 36"E 987.46°
TOWNSHIP 37S, RANGE 4�E te- L8 S22' 42' 50"E 972.76'
\c L9 S23' 29' 45"E 1008.81'
NO��' L10 S22' 12' 18"E 940.81'
3 2 •may L12
y ��< Lt 1 S22' 16' 46"E 654.48'
On=r
U' L12 S19' 36' 39"E 386.32'
Q .._ L13 S23' 36' 20"E 977.16'
_ m(' L14 S23' 57' 25"E 1104.24'
_ vw-
•u; =�j_ L15 S24' 26' 17"E 1082.21'
;7 ilia 12 L16 S23' 50' 11"E 803.61' +
" LANDWARD LIMITS L17 S22' 36' 27"E 1129.03'
OF CONSTRUCTION �"�
10 11 it'6' Lib S22' 14' 46"E 1010.56'
Lf
ii`: L19 S22' 36' 24"E 787.45'
L20 S22' 56' 21"E 1983.23'
ST. LUCIE COUNTY _ �� L21 N38' 18' 07"E 26.84'
— — _._
I;
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.NAD 83/90 E=916068.51
E-91.6051.88 L21
rpAs01.' a...o SKETCH OF LEGAL DESCRIPTION .e
Morgan Eklund Inc. �; � LANDWARD OMITS OF CONSTRUCTION 3s,n-e
PROFESSIONAL WIIY!Y OONIULTANTO 0 MINX " r=woo'
r ,,,_,�,,,,,,,,,� �� ,SOUTH ST. LUCIE COUNTY BEACH RESTORATION
M&E` 4009"�HOfa""sx�'n eoo+ 8"`n ausz // FOR ST. LUCIE COUNTY EROSION DISTRICT +v6no
S Rn,c�xe-364 pl,o,c:( 421-aeea
'3 r43, JE6-�106 FAC(�1/)421-0461 �Nwow/ar �r r
s t�/a7D0 r LFP DWG ,„o,e 2 it, 3
26 EXHIBIT "A" `, ,`A
MEAN HIGH WATER LINE %, `
ELEVATION=0.51 NAVD 88 `.JANUARY 18,2012 \(1) ATLANTIC
LANDWARD LIMITS ,;
OCEAN
OF CONSTRUCTION `. ,�„�;
PROPOSED `,
EASEMENT `\_ N
G (0.02± Ac.) ,
O 450231400012006 N0'`� \`N�U,o
Ci S OCEAN DR u-o ,
C LAKE GARDEN DEVELOPMENT INCORPORATED cs `.
2231 SE ROCKWOOD DR "4 %y ,c")
QMARIETTA, GA 30067 0s %.
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'2. A
CO ,
DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT
THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 3628,PAGE 2775,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
E 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
N FEET TO 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
N COORDINATES OF NORTHING 1,065,595.88 FEET AND EASTING OF 916,068.51 FEET,SAID POINT BEING 26.84 FEET DISTANT FROM A
R DEPARTMENT OF NATURAL RESOURCES MONUMENT PL-R-1 4-9-92 1992(HAVING COORDINATES OF NORTHING 1,065,574.82 FEET AND
a EASTING 916,051.88 FEET NAD 83/90)ALONG A BEARING OF N 38°18'07"E.
0 "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION"
4
0
N NOTES:
THIS IS NOT A SURVEY.
n LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, OWNERSHIP OR CERTIFICATE OF SURVEYOR - 1 HEREBY CERTIFY THAT THE INFORMATION
r SHOWN HEREON IS IN ACCORDANCE WITH A RECENT FIELD SURVEY
w EASEMENTS OF RECORD 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 BETJ£F, AND MEETS THE STANDARDS
o OF PRACTICE AS SET FORTH BY ME FLORIDA BOARD OF PROFESSIONAL
LICENSED SURVEYOR AND MAPPER LAND SURVEYORS IN CHAPTER 5J--17, FLORIDA ADMINISTRATIVE CODE,
N COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN.
PURSUANT TO S£CRON 472.027, FLORIDA STATULFS.
N BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE
4 /S/7- i
m SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990. �/�
o PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS #"°V ot
PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. �i
ap D VID W. COGGIN, PSM
- LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY PROFESSIONAL SURVEYOR AND MAPPER/6359
ii
c CORPORATION. STATE OF FLORIDA
x
w
o Morgan & Eklund Inc. SKETCH OF LEGAL DESCRIPi10N 3°°5m;`9
_, PROFESSIONAL SURVEY CONSULTANTS P�� � �,006 Corr
SOUTH ST. WOE COUNTY BEACH RESTORATION `'°°
9 f (_ 1812 NW 2ND AVENUE Mr
M&E 4909 US HIGHWAY `1 SUITE 3 FOR ST. WOE COUNTY EROSION DISTRICT 11/30/20
`< VERO BEACH FL 326987 BOCA BATON FL 33432
PHONE:Ln (772) 388-5364 PHONE: (954) 421-6882 '
0 a FAX: (772) 388-3165 /4298 FAX (954) 421-0425 ~ MOW SO MO ROM ooc acm[r
AEU 3 or
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. Luck County,a.political subdivision of the State;Of Florida,..aperpetual beach storm
damage reduction easement, to contempt;preserve; patrol; operate; maintain; repair; rehabilitate;
and replace a public' beach dime systemiand other erosion control•and storm damage reduction
'measures associated.with The.St. LucieCoeinty.Florida Coastal Storm Risk Management Project
40fECTNAME).
AND WHEREAS Under"the 004*proVistOns Odic Unito.tra.Relocetion Assittance'and Real.
Property Aéqtiisitton Policies Act of 1970,,Pybile Law 91-640;as amended,any landowner donating
lands,.easements,rights-o f,way,and.dteclged material dispbsa l 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 tT K.,1•'OW' 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 eaterrienrand &bet'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.
Lake Garden Development Incorporated
Witness Signature. Signature: 14/14/14/ k'
Print Witness Nanteet1441. I I We.(Kss—riue, pge4
id €i14-
Witness Signatute:...04~: 0- -. Date.: 5//9 / .02
Print Witness Name:,:an.?i /4,