HomeMy WebLinkAbout21-097 RESOLUTION NO. 2021-97
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 The Atlantis
Building A 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
--oat Avvi B6:4;f7t
Deputy Cler COMA' : Chair
Cs 15
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s C APPROVED AS TO FORM AND
c4 * CORRECTNESS:
-loin,it L.009P
/irkBY:
County Atirey
St.Lucie County,Florida Coastal Storm Risk Management Project
PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT
ti
THIS EASEMENT,made this 3O' day of I Am i/ ,20 11 between The Atlantis Building A
Condominium Association, Inc., whose address is 10102 S Ocean Dr Atlantis Office Box, 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".
(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
Island reach;and
WHEREAS,as Local Sponsor for the Project,GRANTEE is required to obtain"perpetual beach storm damage
duction"easements from owners of property in the South Hutchinson Island reach,such as GRANTOR;and
�oT
m�Pg3�
} o g Fix WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage to
; E RANTOR's property and restore the adjacent beach and dune.
0$ mp
,�A o E NOW THEREFORE,in consideration of the mutual benefits to be derived from the permitted uses described
8 m z E :low and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the
Q _ irties to this easement agree to the following:
v N n
S; GRANTOR does hereby bargain,convey,and grant a perpetual and assignable easement and right-of-way in,
th n i, over, and across the land described in Exhibit "A", which is attached hereto and incorporated herein, for use by
T S RANTEE,its representatives,agents,contractors,and assigns to construct;preserve;patrol;operate;maintain;repair;
g
X E m habilitate;and replace;a public beach a dune system and other erosion control and storm damage reduction measures
A gether with appurtenances thereto,including the right to deposit sand;to accomplish any alterations of contours on said
•• 2 id; to construct berms and dunes; to nourish and renourish periodically; to move, store and remove equipment and
E :40 pplies; to erect and remove temporary structures; and to perform any other work necessary and incident to the
2 nstruction,periodic renourishment and maintenance of the St.Lucie County,Florida Coastal Storm Risk Management
Zi 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
getation, structures and obstacles within the limits of the easement;reserving,however,to the grantor(s), (his)(her)
;) (their) (heirs), successors and assigns, the right to construct dune overwalk structures in accordance with any
_.,,plicable 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:
The Atlantis Building A Condo 'niu sociation,Inc.
r
Witness Signature Signature •
Print Witness Nam Title FiZCSt r
Witness Signature
Print Witness Name J3raJ('.K VlSBh
STATE OF r/ d`i
COUNTY OF !' I
The foregoing instrum t was acknowled ed before ine means o hysical presence or online
notarization,this2OMday of !1 r ,2021 ,by Matf�eLil I'c. ,of
The Atlantis Building A Condominium sociation,Inc.,on behalf of the corporation.He/She is personal known to
me or has produced as identification.
[NOTARY SEAL] e'""`kb ALICIA STOVER
ay, MY COMMISSION#GG916946 - ,
4i o, EXPIRES:October 18,2023 '4otaryPublic
My Commission expires:
22 \ \ EXHIBIT "A"
\
R-105 \ \
\\
N \
/13
LANDWARD
\ 7
y \ / LIMITS OF
vvv\ CONSTRUCTION
N R-106 \ \
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till
a \\ HT
`,� C0 ELEVATIONMEANIGH WA=0.51 ER NALINE
VD 88
/nal 0/11144 \\�JANUARY 18,2012
/////```��� \\\�,`/`//'- 1" = 600 FEET
Ow
Imo , �`•// R-107 \ \\
•
.. \ \
\ ATLANTIC
\ \
N \
13 R-108 \ \
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Q eY 74e, cy
50 ✓�3 i ' 0 41,/v a
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- - , ...,„ ...,„ Tfve‹, .: .."
WI e \ \ PROPOSL15► ASEMENT
\\ (SEE DETAIL:SHEET 3)
N \\
N \ \
O / /
N
o LEGEND Ao P.O.B. = POINT OF BEGINNING
NAD = NORTH AMERICAN DATUM \\
NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988
L R-102 = FDEP RANGE MONUMENT(TYP) R-110 \ \\
W
3 ------- MEAN HIGH WATER LINE AND EROSION _ SEC to TnWNCHI S RANGE 41E
m CONTROL LINE AS LOCATED JANUARY 18,2012 SECT•N 1,TOWNSHIP 31S, ANGE 41E
No ------- PROPOSED LANDWARD LIMITS OF CONSTRUCTION \\\
co AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION \
PROPOSED EASEMENT AREA \\ \
L
4--I
c5 comma
Morgan & Eklund Inc. SKETCH OF LEGAL, DESCRIPTION35117t-9
N. ltik* P R O F E S S I O N A L S U R V E Y CONSULTANTS THE ATLANTIS BUILDING A CONDOMINIUM ASSOCIATION, INC. SOU
r 1612 NW 2ND AVENUE COUN
TY BEACH RESTORATION 1"=600,
�7p1
FTM&E 4909 US HIGHWAY 11 SURE 3 FOR St W( COUNTY EROSION DISTRICT 11/0/20
n VERO BEACH FL 32987 BOCA RATON FL 33432
w PHONE: 772) 388-5364 PHONE: (954j 421-6882
73
FAX (7�12) 388-3165 FAX: (9'54) 421-0425 ° DOE OF rgoomf 1 of 3
LB #4298 LFP DWC mresa
-
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 fr. L1 N14' 22' 29"W 2970.72'
Ac I L2 S27' 39' 18"E 221.81'
34 �, 1 L3 S23' 01' 00"E 757.60'
TA c5,
35 L4 S21' 45' 01"E 999.30'
DNR MONUMENT 94-77-A06 L5 S22' 40' 46"E 988.27'
NAD 83/90 N=1079107.8 r�
L6 S20' 27' 48"E 974.64'
E=909950.7? c- ATLANTIC
TOWNSHIP 36S, RANGE 41E OCEAN L7 S20' 39' 36"E 987.46'
TOWNSHIP 37S, RANGE 41E t L8 S22' 42' 50"E 972.76'
Ilk', L9 S23' 29' 45"E 1008.81'
I D
N`.c L10 S22' 12' 18"E 940.81'
3 2 C� I
k L12 L11 S22' 16' 46"E 654.48'
u" L12 S19' 36' 39"E 386.32'
7Z C L13 S23' 36' 20"E 977.16'
m (:� L14 S23' 57' 25"E 1104.24'
-- ----i c, L15 S24' 26' 17"E 1082.21'
w �j 12 L16 S23' 50' 11"E 803.61'
LANDWARD LIMITS � -_ L17 S22' 36' 27"E 1129.03'
1 OF'CONSTRUCTION
10 11 et°I L18 S22' 14' 48"E 1010.56'
Lt
1l,Y♦; L19 S22' 36' 24"E 787.45'
ik
i r L20 S22' 56' 21"E 1983.23'
z ST. LUCIE COUNTY L21 N38' 18' 07"E 26.84'
w MARTIN COUNTY
POINT OF TERMINATION
2 DNR MONUMENT OF WEST EASEMENT LINE
II,W PL-R-1 4-9•-92 1292 , N=1065595.88 NAD 83/90
N=1065574'82.NAD'8".�/9:)- • E=916068.51
E =916051.$8
i - ` eIt_ :.� >K SKETCH OF LEGAL DESCRIPTION ma
Morgan . Eklund Inc. gi iptt lrra°'V0"' 351179
.x, "° LANDWARD LIMITS OF CONSTRUCTION a,9�
PROFESSIONAL SURVEY CONSULTANTS •�
nA�PF a I"=3000'
f 1612 NW z11D AVENUE t., t a,�17 i p\, , SOUTH ST. LUCIE COUNTY BEACH RESTORATION
x f mums` 'S"t"A321 �70N'E n 3,+32 - FOR ST. LUCIE COUNTY EROSION DISTRICT 6,2o
PFIOf1E.(772 3EE3165 PW A (Y'S4)421—C11 n`'4 �4,
F .(772)389—S165 FAX:(954)421-0451 � t r a42 Ro Aara-
l3#4296 LFP DWC IMK Oa so 2 3
v
22 EXHIBIT "A"`\
, \
MEAN HIGH WATER LINE` N
ELEVATION=0.51 NAVD 88 °
JANUARY 18,2012 ‘ \'
o
\� 1n
450280200000005 �� ATLANTIC
AND ALL CONDOMINIUM UNIT 0
(J) OWNERS
'fJ THE ATLANTIS BUILDING A Nr'n° //
CONDOMINIUM ASSOCIATION, INC. N- /' 0
10102 S OCEAN DRIVE m OCEAN
t ATLANTIS OFFICE BOX A
7 JENSEN BEACH, FL 34957 PROPOSED EAR(0A3±AC.)
N W N'`
O '` S.
VP
O \CC\
0 /)\% \
CO
LANDWARD LIMITS OF
O CONSTRUCTION
'G \ \
O \
DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT
THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 280,PAGE 90,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 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
c 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
o 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
N 83/90)ALONG A BEARING OF N 38°18'07"E.
z "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION"
0
co
C
O
NOTES:
This IS NOT A SURVEY. +`
csi CERTIFICATE OF SURVEYOR —,I HEREBY CER7'#FY THAT THE INFORMATION
N LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS—OF—WAY, OWNERSHIP OR SHOWN HEREON IS IN ACCORDANCE WITH A RECENT FIELD SURVEY
n EASEMENTS OF RECORD MADE UNDER MY DIR ,�r IT IS TRUE AND CORRECT TO
L THE BEST OF MY KNOE4N0 AND MEETS THE STANDARDS
w NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA OF PRACTICE AS BY•THE(L A l4.BOARD OF PROFESSIONAL
3 LICENSED SURVEYOR AND MAPPER LAND SURVEYOR.9I;J 117 FLORIDA ADMINISTRATIVE CODE,
COASTAL CONSTRUCTION CONTROL UNE NOT SHOWN. PURSWNr TIQN 47, , Fed'Ifx4°STATUTES.
o
0 BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE .1 '`# ��y '� /2 1 � `',fi f`. "5
N SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990 � ) r` 0; r ,"'
a< `Y[� ,
cc PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS
o PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. '" °
N `glAVID W. COGGIN P.SM S•-„
LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY 'WEE'SSIOMAL � {t YOJ).ND d14PbR f 6353
2 CORPORATION. J °' 'STATE OF PtplID °'
a w ri ,
ocussmcm
Morgan & Eklund Inc. SKETCH OF LEC L&SCRP IQN, -,,0' '� 4- 3 9
PROFESSIONAL SURVEY CONSULTANTS THE MANTIS
TIS BULD��IN G A��CO�` � • AIM INC. SAKE
SOUTH ST. waE VWIt Aq$.$ESTORA ION 1"=200'
P 1612 NW 2ND AVENUE WOE COUNTY
�/.y� �y DNA
,9 M&E 4909 US HIGHWAY#1 SUITE 3 FOR ST. WCIE COUNT EROSION'DISTRICT CT 11/30/20
n. VERO BEACH FL 32 67 BOCA RATON FL 33432
PHONE: (772) 388-5364 PHONE: (954j 421-6882 Iff
FAX: (772) 388-3165 FAX: (954) 421-0425 °M_ CHECKED
cov LB #4298 LFP DWC AWE NM - sear 3 a. 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,anylandowner donating
P rtY q
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.
The Atlantis Building A Condominium Association,
Inc.
Witness Signature: 4? Signature:%—ti%e,
Print Witness Name: t g A y J D A,Ai. Title: vec-5 i tj€+-A T
Witness Signature: . Date: 'I / 3 t' / 2-c2.j
Print Witness Name: er r1.e,„ OJSet
3t