HomeMy WebLinkAbout21-096 RESOLUTION NO. 2021-96
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 Atlantis III By
The Sea Condominium Association, Inc. is duly accepted on behalf of St. Lucie County Erosion
District this 20th day of April, 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
*Lei 1 J B :
Deputy Clerk ®J 11 CO�y��� hai
414 zi4 m
S APPROVED AS TO FORM AND
* - CORRECTNESS:
c'o,, FIAato'
BY:
County tto ney
St.Lucie County,Florida Coastal Storm Risk Management Project
PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT
THIS EASEMENT,made this I Sr-day of ,2021,between Atlantis III By The Sea
Condominium Association,Inc.,whose address is 1111 SE Federal wv.#100,Stuart,FL 34994,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
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
-;land reach;and
A "==pg WHEREAS,as Local Sponsor for the Project,GRANTEE is required to obtain"perpetual beach storm damage
A ! :duction"easements from owners of property in the South Hutchinson Island reach,such as GRANTOR;and
x
rp WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage to
$ F RANTOR's property and restore the adjacent beach and dune.
Z
8 m 74 o 0 NOW THEREFORE,in consideration of the mutual benefits to be derived from the permitted uses described
m :low and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
X irties to this easement agree to the following:
7▪ .
E GRANTOR does hereby bargain,convey,and grant a perpetual and assignable easement and right-of-way in,
- o t, over, and across the land described in Exhibit "A", which is attached hereto and incorporated herein, for use by
RANTEE,its representatives,agents,contractors,and assigns to construct;preserve;patrol;operate;maintain;repair;
ri habilitate;and replace;a public beach a dune system and other erosion control and storm damage reduction measures
o gether with appurtenances thereto,including the right to deposit sand;to accomplish any alterations of contours on said
id;to construct berms and dunes; to nourish and renourish periodically; to move, store and remove equipment and
pplies; to erect and remove temporary structures; and to perform any other work necessary and incident to the
nstruction,periodic renourishment and maintenance of the St.Lucie County,Florida Coastal Storm Risk Management
oject,together with the right of public use and access;to plant vegetation on said dunes and berms;to erect,maintain
d remove silt screens and sand fences;to facilitate preservation of dunes and vegetation through the limitation of access
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 N of-
(���i \ ci Atlantis III By The Sea Condominium Association,Inc.
Witness Signature 1'O Signature ` c, ---f 6d—ex-J---4
Print Witness Name '1 ��r€ '( Title t,(,« P --4 .
Witness Signature
Print Witness Name g�.Sfj / j d nifqk)
STATE OF gisni_A___.
COUNTY OF L LLill--
The foregoing instru nt was acknowledged before me by means of physical presence or online
notarization,this i day of ,202) ,by I I A L. 13 p,t r, ,of
Atlantis III By The Sea Condominium As ciation,Inc.,on behalf of the corporation.He/th is rsonally known to me
or has produced as identification.
[NOTARY SEAL] C1/4:ary �,^ D
Public
My Commission expires: 6.uQ 21 f ,d.T
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MOtery a°e of flpid�
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My Commission HH 018381 •'
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20 4tl/AU5 tv, N\ \ EXHIBIT "A"
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\ \
R-106 \ \
, `VI \\
//�'Ji/IIf , \\
'''��: uu`/1�' LANDWARD
LIMITS OF
,``` „"" linWi` �� \ \ CONSTRUCTION
Imo', �,////I R-107 \ \
,
\ 1 = 600 FEET
E
\ \
\
13 R-108 \\\ ATLANTIC
7 b
\ 0 z z
0
MEAN HIGH WATER LINE
Coy ELEVATION=0.51 NAVD 88
p \\ \ JANUARY 18,2012
O
m \ \
x x
-u -o
\ \
R_109 \\\ OCEAN Z z
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\ m m
\\\
\ \ PROP03ED EASEMENT
` \\ (SEE DETAIL-SHEET 3)
a R-110 \ \
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cv
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0
CTION 2,TOWNSHIP 37S,RANGE 41 E
ro 41E x. ,.2 4.4, -
LEGEND , 't�� ,im,, 11 12
r
3.3. P.O.B. = POINT OF BEGINNING '�.�,.o.oem.et�,C3•
NAD = NORTH AMERICAN DATUM r ,�`�,,',b�`��f'tFi C e /
o NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 ,, .4 � $re
R-102 = FDEP RANGE MONUMENT(TYP) ' /'Zli
x ,o °§ a '; b
6 —--—--— MEAN HIGH WATER LINE AND EROSION \ � o. CC "`
N CONTROL LINE AS LOCATED JANUARY 18,2012 ± '. , -); j�:\ e °t1
o — PROPOSED LANDWARD LIMITS OF CONSTRUCTION T "I a.L. °' � `
.. ®o �.
m AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION 1�111 ' ®o
CYI p�ly:. O.�mpP
o %�i////� PROPOSED EASEMENT AREA T Sr, p 44(��
X
r
Morgan & Eklund Inc. SKETCH IPTI OF LEGAL DESCRON 335111177--9
PROFESSIONAL SURVEY CONSULTANTS ATLANTIS II BY THE SEA CONDOMINIUM ASSOCIATIONS INC. 901E
SOUTH ST. WOE COMITY BEACH RESTORATION 1�,=600'
C 1612 NW 2ND AVENUE ^
o IVI&E 4909 US HIGHWAY 1 SUITE 3 FOR ST. LUCIE COUNTY EROSION DISTRICT 11/30/20
n VERO BEACH FL 32987 BOCA RATON FL 33432
Q PHONE: C772) 388-5364 PHONE: ((954) 421-6882
0 FAX: (772) 388-3165 FAX: (954) 421-0425 °°°5°Y arm N �D 5°r* atE°`SCOW
LB #4298 LFP DWC AWE la _ arm 1 or 3
NAD 83/90 N=1081985.60
E=909213.27
.. _ _ . POINT OF BEGINNING OF WEST EASEMENT LINE
NAD 83/90 N=1081789.13
i E=909316.22
Line Table
27 Line # Direction Length
L2 A j L1 N14' 22' 29"W 2970.72'
„ c L2 S27' 39' 18"E 221.81'
34 —xi
VAcjk L3 S23' 01' 00"E 757.60'
c 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 (Ls L6 S20' 27' 48"E 974.64'
E=909950.7 c ATLANTIC
TOWNSHIP 36S, RANGE 41 E OCEAN L7 S20' 39' 36"E 987.46'
TOWNSHIP 37S, RANGE 411E TAG L8 S22' 42' 50"E 972.76'
ti
'r L929' 4 ' 1008.81'
� S23 5 E
p O� L10 S22' 12' 18"E 940.81'
3 2 °ei.� L12
Z!\ L11 S22' 16' 46"E 654.48'
AV)4
L12 S19' 36' 39"E 386.32'
Ip Q L13 S23' 36' 20"E 977.16'
<� L14 S23' 57' 25"E 1104.24'
-- "A S� L15 S24' 26' 17"E 1082.21'
7 -.�j 12 L16 S23' 50' 11"E 803.61'
La�NDWARD LIMITS L17 S22' 36' 27"E 1129.03'
10 OF CONSTRucTto11 .0 S L18 S22' 14' 48"E 1010.56'
it
j I; L19 S22' 36' 24"E 787.45'
LY, IL
r L20 S22' 56' 21"E 1983.23'
ST. LUCIE COUNTY —�
O L21 N 38' 18' 07"E 26.84'
MARTIN COUNTY
POINT OF TERMINATION
DNR MON IMENT OF WEST EASEMENT LINE
LT,w PL-R-1 4-9=92'1992 / N=1065595,88 NAD 83/90
4 N=1065574,82 NI"; .D 83/90 E=916068.51
F,= 16051.88 L21
S
3 - arms....ii Tarr asr WO. as SKETCH OF L_EGyAL IESCRPTION rae b
Mor en Eklund inc.
a `N" �`s LANDWARD UNITS OF CONSTRUCTION 35„�-9
PROFESSIONAL BYRVET CONBULTANT8 o Qmriwaa - - r�so�oo
` 1812 Hw 2ND AVENUE � c i ca TH ST. LUCIE COUNTY BEACH RESTORATION a<
_ 4�� 4. .. '" FOR ST. LUCIE COUNTY EROSION DISTRICT
�p_� 4909 IS
HGFIMNY J7 SIIfIE 3
44XXGG ��B.(77F2�)FL 32D67 BOG R 33432 � `� 11/6/20
F (TM)388-3165 F (964)421-0461 - ,•�� --` r, MIN N an-N gas sa mr ar aad 2 3
= U3 61 4298 -AA 0« LFP I DVVC NW in -
Su/-. t.
20 EXHIBIT "A"
,
MEAN HIGH WATER LINE \ N`
ELEVATION=0.51 NAVD 88 ' ATLANTIC
JANUARY 18,2012 N
�j OCEAN
PROPOSED EASEMENT(0.59t Ac.) \/ ' o
rn
451151800000001 ` %F
N AND ALL CONDOMINIUM UNIT /
*13 OWNERS ATLANTIS III BY THE N
SEA CONDOMINIUM ASSOCIATION, `ALP `'o
INC. �o r'�
10200 S OCEAN DR, OFFICE s a6.
JENSEN BEACH, FL 34957-2566 cck
/ A,0
.30
LANDWARD LIMITS\ `0a
0 OF CONSTRUCTION
N� \ ,
O: ` \
A
CD \ ,
, . . . . . . `]
DESCRIPTIO\ OF PROPOSED CONSTRUCTION EASEMENT
THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 376,PAGE 412,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;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
m 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
N 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.
o "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION"
M
C -
NOTES:
�' THIS IS NOT A SURVEY. ._. 'A.
o LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS—OF—WAY, OWNERSHIP OR CERT7F7CA7E OF SURVEYOR- 1 HEREBY CERTIFY THAT THE INFORMATION
L EASEMENTS OF RECORD SHOWN
SHO UNHEREOAWS DER DIN, 0$ NC WI�TN,A RECENT FIELD SURVEY
i�AWE1 18,TANE AND CORRECT TO
ti NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA THE B i OF MY KIIVAOWLEDOE:4NU BE AND"MEETS 7HE STANDARDS
OF P TICE AS,°..ET ilk �s 1 Ells i WARD OF PROFESSIONAL
3 LICENSED SURVEYOR AND MAPPER �SURI Y�RS IN s[s+ �FLe7� 'ADMINISTR471VE CODE,
a . i LAX T►J SEs. 472Y027 F°L01p1DA STATUTES'.
o COASTAL CONSTRUCTION CONTROL UNE NOT SHOWN.
a BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE ,k # , " rb c=,f fs ��.�"�
SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990. A, '9� ' ., ''
il
oPROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS , �i` ,
O PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. ��.��0`, , '', ' ✓�'^��„ �` _. ,:
LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOIWG :P`yDFDESSJlS u F4144R D�APkfR/ 6359
E CORPORATION. '° rM c LONFD.4,ray .
w 4', *"' ".,I
U OMISSION MaMor an Lr Eklund Inc. %EMs VF'LEGAL i0 ,,, -
35117-9
°' AILAN f S II BY THE SEA CO UM;ASSOCIATION, INC.
ikkilkPROFESSIONAL SURVEY CONBULTANTB
SOUTH ST WaE cower BEACH.RESTORATION '°=200
1812 NW 2ND AVENUE COUNTY DISTRICT
P M&E 4909 US HIGHWAY#1 SURE 3 FOR ST. LUCIE EROSION DISIRIC1 11/30/20
x VERO BEACH FL 32967 BOG RATON FL 33432
o PHONE (772� 388-5364 PHONE (954f 421-6882 aww ,a` amac Dr tno soar aOe a.sa y
co FAX: (772) 388-3185 FAX: (954) 421-0425 LFP DVVC ;win _ weer 3 or 3
= LB#4298
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.
Atlantis III By The Sea Condominium Association,
Inc. '{
Witness Signature: �I I j/ S'_s ature: �J
Print Witness Nance: (� sn 14,c)0 Title: //— _ .Witness Signature: /gi,dhCf Date: —
Print Witness Name: 617%7.b..t1 Pit}6./ 4/41