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Home My WebLink About21-099 RESOLUTION NO. 2021-99 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 Beach Club Colony On The Ocean, 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 -1\\AACILVOI-1\ Deputy Clerk ,�� cob. air ® �i O • ec =' y APPROVED AS TO FORM AND �14 •,44 CORRECTNESS: BY: County At rnjy St.Lucie County,Florida Coastal Storm Risk Management Project PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT THIS EASEMENT,made thi dayof ,20, ;'between Beach Club ColonyOn The Ocean,Inc.,whose address is P.O.Box 6028,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 3 be the Local Sponsor for the Project,which provides for beach and dune nourishment within the South Hutchinson mg ;land reach;and 6-5 c WHEREAS,as Local Sponsor for the Project,GRANTEE is required to obtain"perpetual beach storm damage m u eduction"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 m RANTOR's property and restore the adjacent beach and dune. J Q NOW THEREFORE,in consideration of the mutual benefits to be derived from the permitted uses described Y3- T !low and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the g = arties to this easement agree to the following: m GRANTOR does hereby bargain,convey,and grant a perpetual and assignable easement and right-of-way in, • c 1, over, and across the land described in Exhibit"A", which is attached hereto and incorporated herein, for use by ci RANTEE,its representatives,agents,contractors,and assigns to construct;preserve;patrol;operate;maintain;repair; 2 habilitate;and replace;a public beach a dune system and other erosion control and storm damage reduction measures 4 gether with appurtenances thereto,including the right to deposit sand;to accomplish any alterations of contours on said nd; 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 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 f: Beach Club Col ny On The Ocean,Inc. Witness Signature Signature Print Witness Name i\ ►../`!. y Title Witness Signatur ---) Print Witness Name'1.ty J --- STATE OF /1-- G COUNTY OF t(-- The foregoing instrument� was acknowledged before me by means of physical presence or online Z notarization,this? l day of cr...4.-- ,202A,by c„„ (/ ,`1 ,of Beach Club Colony On The Ocean,Inc.,on behalf of the corporation.He/She is personally known to me or has produced b-rn Cr L...�- as identification. [NOTARY SEAL] Notary Public My Commission expires: G&/?/Ze a 0111111/// /4Q ..•NOTAFj. ;2 ▪ ;•My Comm.Expires • August 13,2021 No.GG 133842 1N • '//// // %/►►`�A.;` `\ \\ EXHIBIT "A" tLLIU #:uul• Imo' • ` �.//► R-107 \\\ \ v �, \ \ \ \ \ \ LANDWARD \ \ LIMITS OF CONSTRUCTION N \ P R-108 \ 7 \ \ \ \ 9 \ S: N \ \ �`�O \ MEAN HIGH WATER LINE 1" = 600 FEET % ELEVATION=0.51 NAVD 88 p \ \ JANUARY 18,2012 Z \ \ R-109 \\.\ \ ATLANTIC \ \ \ \ \ \ \ C------ ' \ OCEAN \\ R-110 A 2 CTION 2,TOWNSHIP 37S,RANGE 41E SE TION 11,TOWNSHIP 37S,RANGE 41E - \ \ 11 12 0 oE PROPOSED EASEMENT \ (SEE DETAIL SHEET 3) N - \ o \_ I m m R-111 0 0a 1— /A 4101 7 O O. LEGEND . \ z: z P.O.B. = POINT OF BEGINNING \ a NAD = NORTH AMERICAN DATUM 00 \ o 0 w NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 i• 0 �is� R-102 = FDEP RANGE MONUMENT(TM) �. G — MEAN HIGH WATER LINE AND EROSION ` �' Cl)� CONTROL LINE AS LOCATED JANUARY 18,2012 ,`� ° �� - / La 0, D ,. m ----------- PROPOSED LANDWARD LIMITS OF CONSTRUCTION R-q " `� v C- /// O AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION /r\li. // w � 7" \ . - 'dj `�`: ,� PROPOSED EASEMENT AREA W��I�� ,� v 'spa m O t,, , 0 `� t, a t')11eivCG~ commas Ma Morgan & Eklund Inc. SEMI OF LEGAL, D 35117-9 TD PARCEL 451111000057001 ,;;' PROFESSIONAL SURVEY CONSULTANTS Svc 1612 NW 2ND AVENUE SOUTH ST. WOE COUNTY BEACH RESTORATION =fi00' nor E M&E 4909 US HIGHWAY t1 SURE 3 FOR ST. WOE COUNTY EROSION DISTRICT 118/30/20 VERO BEACH FL 32 67 BOCA RATON FL 33432 m PHONE: (772') 388-5364 PHONE: (954) 421-8882 MAW N Cam N Rap BOOK OOE a.SWAY 5° FM: (772) 388-3165 FM: (9544) 421-0425 sitar 1 a 3 ti LB#4298 LFP DWC PACE AV. _ - 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 - - L1 N14' 22' 29"W 2970.72' L2 I it�� L2 S27' 39' 18"E 221.81' 34 -)1 L3 S23' 01' 00"E 757.60' 1111 35 L4 S21' 45' 01"E 999.30' DNR MONUMENT 94-77-A0 0c ! L5 S22' 40' 46"E 988.27' NAD 83/90 N=1079107.8 ic: L6 S20' 27' 48"E 974.64' E=909950.7p ATLANTIC TOWNSHIP 36S, RANGE E 'VP OCEAN L7 S20' 39' 36"E 987.46' 4 TOWNSHIP 37S, RANGE 41E T I L8 S22' 42' 50"E 972.76' 16 \r. L9 S23' 29' 45"E 1008.81' O .�� L12 L10 S22' 12' 18"E 940.81' 3 2 Z S L11 S22' 16' 46"E 654.48' lit,' L12 S19' 36' 39"E 386.32' v \� a Q L13 S23' 36' 20"E 977.16' I -cc)�<,s L14 S23' 57' 25"E 1104.24' `� - - :\=cam- L15 S24' 26' 17"E 1082.21' v W_ L16 S23' 50' 11"E 803.61' 12 LA1NDWARD LIMITS L17 S22' 36' 27"E 1129.03' OF CONSTRUCTION �� 10 11 ' t cP L18 322' 14' 48"E 1010.56' j ,L: L19 S22' 36' 24"E 787.45' L20 S22' 56' 21"E 1983.23' 3 .\117 O L21 N38' 18' 07"E 26.84' z ST. LUCIE COUNTY ( -I` 2 w MARTIN COUNTY POINT OF TERMINATION ° DNR MONUMENT OF WEST EASEMENT LINE illPL-R-1 4-9-92 1992 a N=1065595.88 NAD 83/90 N=1065574.82 NAD 83/90 E=916068.51 E=916051,38 L213 amour or saw-I WWI mew war .; MIR=Ala Morgan . Eklund Inc. ` ' ' SKETCH OF LEGAL DESCRIPTION 35117-9 T. PROFESSIONAL SURVEY CONSULTANTS r�rr . d_�/ayJy�/// r� ^ NDWARD LIMITS OF CONSTRUCTION 1612 NW 2ND AVENUE 7 1-`, ? 1 3000' � ST. LUCIE COUNTY BEACH RESTORATION #NII&E Vik3"s NXFE eorw w7�0"N`t/4L 33432 t�� '' Cw�;F ST. LUCIE COUNTY EROSION DISTRICT 11/6/20 PfiDNf 9Q0-SS64 PFIONE(934)421-QES2 � t �p/� __ "�. FAX:(772)388-3195 FAX (064)421-0451 ai 91I- 5, i_'• i"•t; -77 n�rw OW IN awv say 2 or 3 x i k� - • 17 EXHIBIT "A" v ; \ MEAN HIGH WATER LINE , I. ELEVATION=0.51 NAVD 88 ATLANTIC JANUARY 18,2012 ` ; ; ,N P I D#451111000057001 4\,(// co BEACH CLUB COLONY ON THE OCEAN, INC ,� S OCEAN DR ///)?.t..\ PO BOX 6028 JENSEN BEACH, FL 34957-0001 `- N �t tP PROPOSED ` w�, b Q�� N EASEMENT �,, OCEAN ',3 (0.16± Ac.) m O U' c.)0 LANDWARD LIMITS ; \� C>) OF CONSTRUCTION \, N �• ; �L. ` `m ; \ ; DESCRIPTION OF PROPOSED CONSTRUCTION EASEME\ T THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 196,PAGE 393,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; E THENCE S 23°57'25"E FOR A DISTANCE OF 1104.24 FEET TO A POINT;THENCE S 24°26'17"E FORA DISTANCE OF 1082.21 FEET TO A 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 A N POINT;THENCE S 22°56'21"E FOR A DISTANCE OF 1983.23 FEET TO THE POINT OF TERMINATION,HAVING COORDINATES OF NORTHING o cv 1,065,595.88 FEET AND EASTING OF 916,068.51 FEET,SAID POINT BEING 26.84 FEET DISTANT FROM A DEPARTMENT OF NATURAL 1 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 O 83/90)ALONG A BEARING OF N 38°18'07"E. ai "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION" I- ,, 'o ,. NOTES: a THIS IS NOT A SURVEY. ,dr Li`'+ 1 x CERTIFICATE OF SURVEYOR lJ((�j�/( EB,r 9ERTIFX THAT'7H£INFORMATION, w LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, OWNERSHIP OR SHOWN HEREON IS IN AGCORCk173C 3V1TH A RECOT FIELD.,SURVEY- p, EASEMENTS OF RECORD MADE UNDER MY.DIRECT70Now6 T IT IS TRUE AND CORRECT TO"' .k NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA THE BEST OF MY p(�oksLEQgE mf\BEUEg AND MEE S'THEfTANDARDS c•i OF PRACTICE"AS"SET FORTH BY'TOE FLORIDA BOARD OE' ROFESSIONAL m LICENSED SURVEYOR AND MAPPER coLAND SURVEY RS IN CHIMES I 17, ELDRIDA AUINI 776E CODE, co COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. PURSUANT S£cnoN�f 2.92 FLORIA4 STATUTES. - - 1 BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE �. . -•' L�co Z L? .. o SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990. j r•• Ci *• 'r- ,): 0 .k• ip �'. PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WASGa c' �r ' - PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. ��r L b�ApWV/ID W. COGGIf.P. "' Q' w LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY PROFESSIONAL.S& rYOR MB444P�E '6359. N CORPORATION. STATE OF-:FSORIDA" A i'...Y t O ," N' Morgan & Eklund Inc. g(� OF LEGAL DESCIFT101 ;a:- - ' 335111�7-9 To a PROFESSIONAL SURVEY CONSULTANTS 1612 NW 2ND AVENUE PARCEL �� SOUTH ST. WOE COUNTY BEACHSTORATION 1""=100'd M&E 4909 US HIGHWAY1 SURE 3 FOR ST. WOE COUNTY EROSI uoe ON DISTRICT 118/30/20 a VERO BEACH FL 32967 BOLA BATON FL 33432 PHONE: (772) 388-5384 PHONE (954) 421-6882 DWI N CHECKED If t20 Boar DUE OF yy Y U FAX: (772) 388-3165 #4298 FAX: (954) 421-0425 LFP DWC Al��p _ sow 3 p. 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. Beach Club Colony On The Ocean, Inc. _ Witness Signature. ,' Signature: 4-7"---4(-4,-- - Print Witness Narrte SQL eJ ? - Witness Signature 4. Le Date:, Print Witness Name: m`VGUVI,C, 1, Erkimck,h