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HomeMy WebLinkAbout21-353 RESOLUTION 2021-353 A RESOLUTION ACCEPTING A CONSERVATION EASEMENT AND PRESERVE AREA MONITORING AND MANAGEMENT PLAN (PAMMP) ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing Conservation Easement and Preserve Area Monitoring and Management Plan (PAMMP) from Seaside 20, LLC are duly accepted on behalf of St. Lucie County this 215t day of September, 2021. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA wef,`* By: Deputy Cler Ci < to, Chair O P. ui �i m r �: ti APPROVED AS TO FORM AND crY Ft..00* CORRECTNESS: By: ounty Att rn y This instrument prepared by MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT and return to: SAINT LUCIE COUNTY FILE# 4928586 09/24/2021 10:48:34 AM W.Lee Dobbins,Esq. OR BOOK 4691 PAGE 454-474 Doc Type:EASMT RECORDING: $180.00 DEAN,MEAD,MINTON& MOORE 1903 South 25th Street,Suite 200 Fort Pierce,Florida 34947 (772)464-7700 For Official Use Only Tax Parcel Identification No.: #3522-342-0002-000-7,#3522-343-0001-000-3,#3522-344-0001-000-6,#3522-344- 0002-000-3 SAINT LUCIE COUNTY DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT("Conservation Easement")is given this c 1" day of S ,rtt ; 20 at , by SEASIDE 20, LLC, a Florida limited liability company ("Grantor")whose mailing address is 277 Royal Poinciana Way, #156,Palm Beach, Florida 33480 to ST. LUCIE COUNTY, a political subdivision of the State of Florida ("Grantee") having an address of 2300 Virginia Avenue, Fort Pierce, FL 34982. As used herein, the term "Grantor" shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Conservation Area" (as hereinafter defined) and the term "Grantee" shall include any successor or assignee of Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of certain lands situated in St. Lucie County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference("Property"); and WHEREAS,the Grantor is proposing the development of a resort project known as Seaside a/k/a Ouanalao resort ("Project") on the Property, which is subject to the regulatory jurisdiction of the St. Lucie County Board of County Commissioners ("County"); and WHEREAS,the Property will be further subject to two Declarations of Condominium to be recorded in the Official Public Records of St. Lucie County, Florida (collectively, the "Declarations"); and WHEREAS,the County approved a Major Site Plan(the"Site Plan") for the Project pursuant to Resolution No. 2021-312 and a Conditional Use Permit and Alcohol Waiver pursuant to Resolution No.2021-306(collectively the"Resolutions"); and WHEREAS,the Resolutions require that the portion of the Property designated as preserve area ("Conservation Area") as more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference,be preserved in perpetuity; and WHEREAS, the Declarations provide that the maintenance of the Conservation Area is the perpetual obligation of the Club Owner,as that term is defined in the Declaration(the"Club Owner"); 03391866.v1 and WI IEREAS. the Resolutions further require that the Conservation Area he maintained in accordance with that certain Preserve Area Management and Monitoring Plan ("Management Plan"). attached hereto as Exhibit"C"and incorporated herein by reference: and WI IEREAS. the Grantor is agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06. Florida Statutes. over the Conservation Area. NOW, THEREFORE. Grantor hereby grants, creates- and establishes a perpetual Conservation Easement for and in favor of the Grantee upon the Conservation Area which shall run with the land and he binding upon the Grantor. and shall remain in full force and effect forever. The scope. nature, and character of this Conservation Easement shall be as follows: Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made a part of this Conservation Easement. 2. puroose. It is the purpose of this Conservation Easement to retain land or water areas in their natural. vegetative. hydrologic, scenic. open. agricultural or wooded condition and to retain such areas as suitable habitat for fish. plants or wildlife. Those wetland and/or upland areas included in this Conservation Easement shall he maintained in the conditions required by the Management Plan. To carry out this purpose. the following rights are conveyed to Grantee by this easement: a. lb enter upon the Conservation Area at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor and/or the future residents of the Property at the time of such entry; and h. To enjoin any activity on or use of the Conservation Area that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Area that may he damaged by any inconsistent activity or use: and c. To enter upon the property of the Grantor to connect the Conservation Area to a bona fide system of trails. greenways or other non-vehicular system. .. Prohibited Uses. Except for exotic vegetation removal. replanting with appropriate native vegetation. vine control. removal of trash and debris or other maintenance and monitoring activities described herein that are permitted or required by the Resolutions or the Management Plan.the following activities are prohibited in or on the Conservation Area: a. Construction or placing of buildings. roads. signs. billboards or other advertising. utilities. or other structures on or above the ground; h. Dumping or placing of soil or other substance or material as landfill. or dumping or placing of trash. waste. or unsightly or offensive materials: c. Removal or destruction of trees. shrubs. or other vegetation. except for the u3391866.�l removal of exotic or nuisance vegetation in accordance with the Management Plan: d. Excavation_ dredging. or removal of loam. peat. gravel, soil. rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural or enhanced condition: I1 Activities detrimental to drainage, flood control. water conservation. erosion control,soil conservation,or fish and wildlife habitat preservation including.but not limited to, ditching.diking and fencing. 4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Conservation Area that are not prohibited herein and which are not inconsistent with any County rule. criteria, permit and the intent and purposes of this Conservation Easement. Grantor may conduct limited land clearing for the purpose of constructing. repairing, replacing or maintaining dune crossovers or walkways at the locations shown in the.Site Plan. This reservation does not release Grantor from the duty of obtaining any necessary federal,state, or local government permits or authorizations required for construction of any improvements. 5. No Dedication. No right of access by the general public to any portion of the Property or the Conservation Area is conveyed by this Conservation Easement, except as provided in Paragraph 2(c). above. 6. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities related to the operation. upkeep or maintenance of the Conservation Area. 7. Acts Beyond Grantor's Control. Nothing contained in this instrument shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in any portion of the Property other than Conservation Areas that result from natural causes beyond Grantor's control, and not initiated by the Grantor. including but not limited to fire, flood, storm and earth movement. Should any Conservation Area he injured or changed from natural causes, including but not limited to fire. flood storm and earth movement, the Grantor shall he provided notice and a reasonable opportunity to restore the affected Conservation Area to a condition that satisfies the Management Plan requirements prior to the Grantee bringing any action for noncompliance with the Resolutions or the Management Plan. 8. Property Taxes. Grantor shall keep the payment of taxes and assessments on the Commotion Area current and shall not allow any lien on the Conservation Area superior to this Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in addition to any other remedy, the Grantee may. but shall not be obligated to. elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the Grantee_ together with Grantee's reasonable attorney's lies and costs. with interest at the maximum rate allowed by law, no later than thirty days alter such payment. In the event the Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute a lien against the Conservation Area which shall automatically relate hack to the recording date of this Easement. Grantee may foreclose this lien on the Conservation Area in the manner provided for mortgages on real property. 9. Enforcement by Grantee. Enforcement of the terms, provisions and restrictions of this Conservat ion Easement shall be at the reasonable discretion of Grantee, and any forbearance 03391806.)I on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor or the Club Owner, shall not he deemed or construed to be a waiver of Grantee's rights hereunder. 10. Enforcement by Club Owner. The Club Owner shall take private enforcement action against any member of the Association who violates the rules relating to the use and maintenance of the Conservation Area as set forth in the Management Plan. I I. Maintenance Oblivations of Club Owner. The Club Owner shall maintain in perpetuity, the Conservation Area in accordance with the Management Plan. Such maintenance shall include. but is not limited to. exotic vegetation removal, replanting with appropriate native vegetation. vine control. and removal of trash and debris. The maintenance schedule should be so as to keep the Conservation Area ecologically functional and high quality, as well as a minimum 90% free of exotic vegetation. I2. Assivnment. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization or entity qualified to hold such interests under the applicable state laws. 13. Severability. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid. the remainder of the provisions of this Conservation Easement shall not he affected thereby. as long as the purpose of the Conservation Easement is preserved. 14. Terms and Restrictions, Any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property shall be subject to the terms and restrictions of this Conservation Easement. 15. Written Notice. All notices_ consents, approvals or other communications hereunder shall he in writing and shall he deemed properly given if sent by United States certified mail. return receipt requested. addressed to the appropriate party or successor-in-interest. 16. Modifications. This Conservation Easement may he amended. altered. released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest. which shall he filed in the public records in St. Lucie County. 17. Extinvuishment. If circumstances arise in the future such as render the purpose of this Easement impossible to accomplish. this Easement can only he terminated or extinguished. whether in whole or in part. by judicial proceedings in a court of competent jurisdiction,and the amount of the proceeds to which Grantee shall he entitled,after the satisfaction of prior claims, from any sale, exchange or voluntary conversion of all or any portion of the Property subsequent to such termination or extinguishment. shall be determined. unless otherwise provided by Florida law at the time. in accordance with paragraph I8. Grantor believes that any changes in the use of neighboring properties will increase the benefit to the public of the continuation of this Easement, and Grantor and Grantee intend that any such changes shall not he deemed to he ci re UM stances justifying the termination or extinguishment of this Easement. In addition. the inability of Grantor to conduct or implement any or all of the uses allowed under the terms of this Easement. or the unprofttability of doing so. shall not impair the validity of W39mxm.% I this Easement or he considered grounds for its termination or extinguishment. I8. rroceeds. This Easement constitutes a real property interest immediately vested in Grantee. which. fir the purposes of paragraph 17. the parties stipulate to have a fair market value determined by multiplying the fair market value of the Property unencumbered by the Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of the Easement at the time of this grant to the value of the Property. without deduction for the value of the Easement, at the time of this grant. For the purposes of this paragraph. the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant. 19. Subject to FDEP Easement.The parties hereto acknowledge that this Conservation Easement is non-exclusive and is subject to that certain Conservation Easement dated November 15. 2005. recorded in Official Records Book 2424. Page 292. of the Public Records of St. Lucie County.Florida. TO HAVE AND TO HOLD unto Grantee forever. The covenants. terms. conditions. restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor. and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple: that the Property is flee and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement: and all mortgages and liens have been subordinated to this Conservation Easement: and that Grantor has good right and lawful authority to convey this Conservation Easement: and that it hereby fully warrants and defends the title to the Conservation 1-asemenl hereby conveyed against the lawful claims of all persons whomsoever. .1339186b. I IN WITNESS WHEREOF, Grantor has hereunto set its authorized hand this 1st day of September , 2021. SEASIDE 20, LLC, a Florida limited liability company BY: MIC:172. Heaton, ager Signature Nicole Heaton Print Name WI SSES: Signature Oval 1- &Au7N�I� Print Name STATE OF hp RIM COUNTY OF jLTh Wt`I I HEREBY CERTIFY that on this 1 day of , • ,2021,before me,by means of["physical presence or 0 online notarization,appeared (, t C.A eJ ,6'who is personally known to me or 0 who has produced a state driver license as identification,and who executed the foregoing instrument and acknowledged before me that he/she executed the same for the purposes therein expressed. WITNE S my hand and official seal in the County and State last aforesaid this 16day of 2021. vi.okmakaassitrhaftaihdasok+46-0*••• /lila iu" NANCY LYN GAUTHIER I y i►1n f� � Notary Public-State of Florida P Commission#HH 076444 Signed 'Nor n.F,• My Comm.Expires Feb 21,2025 P AI ''�!e., • ..., Bonded through National Notary Assn. /VT+'V1 614t1A� Printed 1 NOTARY PUBLIC My Commission Expires: Z'Z!"202 • 03391866.v1 MORTGAGEE JOINDER,CONSENT AND SUBORDINATION For Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, ITG SEASIDE LENDER, LLC, a Florida limited liability company ("Mortgagee"), the owner and holder of a Mortgage and Security Agreement recorded June 24, 2021, in the original principal amount of$5 million dollars given by Seaside 20, LLC, a Florida limited liability company encumbering the real property described on Exhibit"A" attached hereto ("Property"), which is recorded in Official Records Book 4636, at Page 1491 (together with that certain Assignment of Rents and Leases recorded in Official Records Book 4636, at Page 1508 and that certain UCC-1 Financing Statement recorded in Official Records Book 4636, at Page 1514), all of the Public Records of St. Lucie County, Florida (said mortgage, assignment of leases and rents, and UCC-1 Financing Statement, as modified,are hereinafter referred to as the"Mortgage"), hereby joins in, consents to and subordinates the lien of its Mortgage,as it has been,and as it may be,modified,amended and assigned from time to time,to the foregoing Conservation Easement,executed by Seaside 20,LLC,in favor of St.Lucie County applicable to the Property("Easement"),as said Easement may be modified,amended and assigned from time to time, with the intent that the Mortgage shall be subject and subordinate to the Easement. IN WITNESS WHEREOF,this Mortgagee Joinder,Consent and Subordination is made this Z day of ..here ..be r.2021. ITG SEASIDE LENDER, LLC,a Florida limited liability company WITNESSES: BY: 74 PRINT NAME: 1..�c._ l,.k-rrt._ Sign re IT'S: M e.-.. .r L tk�,...sit-r- jigncsaljedatil __ Print Name WITNESSES: ature lnolso 11.)) Prim Name / STATE OF C (3�c)1/4.0--. COUNTY OF b r•-.rG...g The foregoing instrument was acknowledged before me by means of[] physical presence or[]online notarization,this 2 day of t ,2021,by Lc..,,.w l.p. (name of officer or agent)of ITG SEASIDE LENC,a Florida limited liability company,on behalf of the company. He/she is personally known to me or has produced as identification. — .--- Lic___\;; ,-._.,. Signatur [Notary Se 1, *., TIFFANYANNJACKSON , n cr' '• ;•= MY COMMISSION iY HH 08 /)4724 jFk 11, ';:�' EXPIRES:May 12,2025 Name of Nota ublic Typed.Printed ,...... Banded Thru Notary Pubic Underwriters . ' or Stamped 03391866.N'I Exhibit"A" Legal Description (Per Title Commitment) Parcel 1: SubParcel A: Being a tract of land lying in Section 22,Township 36 South, Range 41 East,St. Luck County, Florida; bounded on the South by a line parallel with and 5,767.86 feet Northerly (measured at right angles)from the South line of Section 27 of said Township and Range; on the North by a line parallel with and 6,323.74 feet Northerly (measured at right angles)from the South line of said Section 27; on the West by the East right of way line of State Road A-IA; and on the East by the waters of the Atlantic Ocean. SubParcel B: Nonexclusive Easement for the benefit of Parcel A above,over and across the land described in Exhibit C to the Grant of Easement recorded in Official Records Book 979, page 831,as amended in Official Records Book 1525, page 1559, as further amended and restated in the Amended and Restated Grant of Easement as recorded in Official Records Book 1710,page 172,all being recorded in the Public Records of St. Lucie County, Florida,as amended by that certain First Amendment to Amended and Restated Grant of Easement recorded September 8, 2006,in Official Records Book 2652, page 1920, Public Records of St. Luck County, Florida. Parcel 2: A tract of land extending from the Atlantic Ocean to the Indian River being described as the North 189.66 feet of the South 509.94 feet of Section 22,Township 36 South, Range 41 East, St. Lucie County, Florida, measuring 200 feet along the Atlantic Ocean and being further described as being the North 189.66 feet of the following described property: A tract of land in Sections 22 and 27,Township 36 South, Range 41 East, lying and being in St. Lucie County, Florida bounded on the South by a line parallel to and 4470 feet Northerly of the South line of said Section 27, measured on the perpendicular, and bounded on the North by a line parallel to and 5767.86 feet Northerly of the South line of said Section 27, measured on the perpendicular, and lying between the waters of the Indian River and the Atlantic Ocean,less right of way of State Road A-1-A; also described as the North 787.09 feet of said Section 27, and the South 509.04 feet of said Section 22, less right of way of State Road A-I-A. Parcel 3: The North 141.89 feet of the South 320.28 feet of Section 22,Township 36 South, Range 41 East, St. Lucie County, Florida, bounded on the West by the water of the Indian River and on the East by the waters of the Atlantic Ocean. Parcel 4: A tract of land located on Hutchinson Island, St. Lucie County, Florida extending from the Atlantic Ocean to the Indian River being described as the South 178.39 feet of Section 22, Township 36 South, Range 41 East,and the North 59.06 feet of Section 27,Township 36 A tract of land located on Hutchinson Island,St. Lucie County, Florida extending from the Atlantic Ocean to the Indian River being described as the South 178.39 feet of Section 22, Township 36 South, Range 41 East,and the North 59.06 feet of Section 27,Township 36 South, Range 41 East,measuring 250 feet along the Atlantic Ocean. EXHIBIT "B" pROPO$FD EASFMFNT \ LOCATION: 7700 S. OCEAN DRIVE; JENSEN BEACH, FLORIDA 34957 PCN: 3522-342-0002-000-7; 3522343-00D1-000-3; 3522-344-0001-000-6; & 35:22-344-0002-000-3 OWNER: SEASIDE 20, LLC LEGAL DESCRIPTION CONSERVATION EASEMENT AN EASEMENT OVER, UNDER AND ACROSS A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4629, PAGE 2300, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING IN SECTIONS 22 & 27, TOWNSHIP 36 SOUTH, RANGE 41 EAST. ST. LUCIE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE PERMANENT REFEREVCE MONUMENT STAMPED PSM3858 MARKING THE NORTHEAST CORNER OF PELICAN POINTE WEST, ACCORDING 10 THE PLAT Tnrntdr, NLVVNVCV in; PLAT BOOK 40, PAGE 35. PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING A POINT ON THE WESTERLY RIGHT—OF—WAY LINE OF STATE ROAD A-1—A (HAVING AN ASSUMED BEARING OF NORTH 24'32'11" WEST, AND ALL OTHERS HEREIN ARE RELATIVE THERETO), BEING A 100' WIDE RIGHT—OF—WAY PER FLORIDA DEPARTMENT OF TRANSPORTATION MAP. SECTION 9 405 0-21 0 7, DATED NOVEMBER 9, 1961; THENCE NORTH 89'58'14" EAST ALONG THE NORTH LINE OF THE AFOREMENTIONED LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4629, PAGE 2300, AND THE WESTERLY EXTENSION THEREOF, A DISTANCE OF 519.80 FEET TO A POINT OF INTERSECTION WITH THE WEST LINE OF THAT CONSERVATION EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 2424, PAGE 292 AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89'58'14" EAST ALONG SAID NORTH LINE, A DISTANCE OF 106.88 FEET; THENCE ALONG THE FOLLOWING 31 COURSES AND DISTANCES: 1) SOUTH 19'45'11" EAST, A DISTANCE OF 15.81' 2) SOUTH 1616'11" EAST. A DISTANCE OF 39.10' 3) SOUTH 21'25'44" EAST, A DISTANCE OF 34.32' 4) SOUTH 22'59'20" EAST. A DISTANCE OF 42.39' 5) SOUTH 18'31'02" EAST, A DISTANCE OF 43.97' 6) SOUTH 2029'21" EAST, A DISTANCE OF 38.89' 7) SOUTH 2210'46" EAST. A DISTANCE OF 47.55' 8) SOUTH 1410'08" EAST, A DISTANCE OF 43.35' 9) SOUTH 19'44'18" EAST, A DISTANCE OF 38.90' 10) SOUTH 14'50'24" EAST, A DISTANCE OF 31.24' 11) SOUTH 21'20'52" EAST, A DISTANCE OF 41.35' 12) SOUTH 15'59'56" EAST, A DISTANCE OF 40.80' 13) SOUTH 22'51'31" EAST, A DISTANCE OF 31.89' 14) SOUTH 12'26'02" EAST, A DISTANCE OF 41.68' 15) SOUTH 26'46'28" EAST, A DISTANCE OF 42.12' 16) SOUTH 1515'57" EAST, A DISTANCE OF 35.92' 17) SOUTH 24'32'02" EAST. A DISTANCE OF 38.01' 18) SOUTH 20'4912" EAST, A DISTANCE OF 42.64' 19) SOUTH 26'32'59" EAST, A DISTANCE OF 35.24' 20) SOUTH 16'35'33" EAST. A DISTANCE OF 36.67' 21) SOUTH 24'00'32" EAST, A DISTANCE OF 40.72' 22) SOUTH 22'40'34" EAST, A DISTANCE OF 39.17' 23) SOUTH 24'18'13" EAST, A DISTANCE OF 46.03' 24) SOUTH 17'42'51" EAST, A DISTANCE OF 41.06' 25) SOUTH 24'04'31" EAST, A DISTANCE OF 38.36' PAGE i'OF 4 (NOT VALID WITHOUT ALL PAGES) 9(ETCH NO.: CONSERVATION ESMT.dwg NOT VALID MTHOUT THE ORIGINAL SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND'4APPER. CERTIFICATION: I HEREBY CERTIFY THAT THE SKETCH SHOWN HEREON MEETS THE STANDARDS OF PRACTICE SET FORTH UNDER CHAPTER pp5J�-17 F..,A..CC....rBY THE FLORIDAOR BOARD OF SURVEYORS AND MAPPERS. Icy. VAUO Ir & A .IATES. INC,Nl DATE OF SKETCH: 06/30/2021 SURVEYORS, MAPPERS & PLANNERS Y SCALE: N/A W.D. p 817116T LICENSED SURVEY BUSINESS NUMBER 5879 REVISIONS: 9075 SE BRIDGE ROAD: HOBE SOUND 33455 MAIL P0. BOX 160 HOBE SOUND. 33475 RqX CISIRA➢CN �6735 PHONE: 772-546—B086 FAX; 772-546-8087 P. Mic Oel TRADOZorrel E PSM EMAIL: wugMOelleouRRnet LEGAL DESCRIPTION (CONTINUED) 26) SOUTH 24'18'2T EAST. A DISTANCE OF 39.25' 27) SOUTH 22'32'04" EAST, A DISTANCE OF 39.00' 28) SOUTH 22'20'41" EAST, A DISTANCE OF 40.62' 29) SOUTH 22'53'41" EAST, A DISTANCE OF 40.15' 30) SOUTH 20'07'00" EAST. A DISTANCE OF 42.75' 31) SOUTH 22'24'53" EAST. A DISTANCE OF 35.50' TO A POINT ON THE SOUTH LINE OF THE AFOREMENTIONED LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4629, PAGE 2300; THENCE SOUTH 89'56'21" WEST, ALONG SAID SOUTH LINE BEING PARALLEL MTH AND DISTANT 59.06 FEET FROM THE SOUTH LINE OF AFORESAID SECTION 27, AS MEASURED AT A RIGHT ANGLE TO SAID LINE, A DISTANCE OF 100.67 FEET TO A POINT OF INTERSECTION WITH THE AFOREMENTIONED WEST LINE OF THAT CONSERVATION EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 2424, PAGE 292; THENCE NORTH 20'59'06" WEST, ALONG SAID WEST LINE. A DISTANCE OF 1204.43' TO THE POINT OF BEGINNING. CONTAINING 107.532 SQUARE FEET (2.46859 ACRES) MORE OR LESS. PAGE 2 4 (NOT VALID WITHOUT'ALL PAGES) SKETCH NO.: CONSERVATION ESMT.dwg NOT VAUD MTHOUT THE ORIGINAL SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR M'0'MAPPER. CFRTIFICATION: . I HEREBY CERTIFY THAT THE SKETCH SHOWN HEREON MEETS THE STANDARDS OF PRACTICE SET FORTH UNDER-CHAPTER 5J-17 F.A.C. BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS. RL VNeiT & ASSOG(ATES, INC% DATE OF SKETCH: 06/30/2021 SURVEYORS, MAPPERS & PLANNERS 4. SCALE: N/A WO. 0: 817116 UCENSED SURVEY BUSINESS NUMBER 5879 REVISONS: 9075 SE BRIDGE ROAD; HOBE SOUND 33455 • MAIL P.O. BOX 160 HOBE SOUND, FL 33475 N PHONE: 772-546-80B6 FAX: 772-546-8087 Rdil CISTRAtID11 /6),M EMAIL: voughtObdleouth.nei P. Mic Del Zarrella PSM SKFTCH OF DFSCRIPTION 1 INCH II (THIS IS NOT A SURVEY) I I L POINT OF COMMENCEMENT NI. NE CORNER, PELICAN POINTE WEST N89'58'14"E . . -o PLAT BOOK 40, PAGE 35) . -z 106.881 r NORTH 1 POINT OF BEGINNING N89'58'14"E 519.80' _ WESTERLY 411 EXTENSION \ N. LINE OF THOSE \ 2 ' 11 LANDS DESCRIBED IN \ r 3 �0 4�N\ ORB 4629, PAGE 2300 \ 4 SCALE 1" = 200' �\ \ 1 5 THIS Is THE INTENDED DISPLAY SCALE Z ,E o \ r, 6 f q o p \ Tr1 7 lb Z 4 \ �\ ;n , 6 vr c 2\ q'15, \ Z� 1 9 G� \ ON \\ yp9 kin n 7 LP o-A pc-yrZ ` 11 c^ \0opA m r \ T1011 Tic, � O Zvi '0�0 qy �p\\ i {14 a \ lln 15 "^0 \ \;;° p9 LO�� OG �16p 0 l �O iL\ Y CT r� 0 ; Nt \ p� 1704\ i77 Z - \ � 1180 0 N T+m ' \ i ,p 0^ n\ 12o 0 �Nrn \rn o� ; n\ Sr) 20' c^ •W o 'Z s 0., 21 u,\ \Z . \\ MD \ 22 y \ \ 123 \ \ p� 124 \ 125 \ 126 \ \ 127 S. LINE OF THOSE \ 1 28 \ LANDS DESCRIBED IN 1 29 S. LINE, SECTION 22-36-41 OR: 4629, PAGE 2300 SECTION 27-36-41 \ 31 u, o S89'56'21"W al J FGFND: - \ 100.67' FOOT FLORIDA DEPARTMENT \ OF TRANSPORTAPON \ R/W RIGHT-OF-WAY \ \ ORB OFFICIAL RECORDS BOOK \ \ PAGE"3OF, 4 (NOT VALID WITHOUT ALL PAGES) SKETCH NO.: CONSERVATION ESMT.clwg NOT VALID MNHWT THE ORIGINAL SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AN0'NAPPER. CERTIFICATION: • I HEREBY CERTIFY THAT THE SKETCH SHOWN HEREON MEETS THE STANDARDS OF PRACTICE SET FORTH UNDER CHAPTER 5J-17 F.A.C. BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS. RL. VAU61if & ASSOCIATES, INC. DATE OF SKETCH: 08/30/2021 SURVEYORS, MAPPERS PLANNERS scnLE: AS NOTED w.o. W: 817116 LICENSED SURVEY A : NUMBER UYBERER 5879 REmISCNs: 9075 SE BRIDGE ROM: HOBE SOUND 33455 MAIL: P.O. BOX 160 HOBE SOUND. FL 33475 FLORID OSIRADCN 736 PHO4E: 772-546-8085 FAX: 772-546-8087 EuuL: .gg6tmu...ou.n.1 P. Michael Zarrellb PSM * LINE DATA * R BEARING DISTANCE 1) S 19'45'11" E 15.81' 2 S 16'16'11" E 39.10' 3 S 21'25'44" E 34.32' 4 S 22'59'20" E 42.39' 5 S 18'31'02" E 43.97' 6 S 20'29'21" E 38.89' 7 S 22'10'46" E 47.55' B S 14'10'08" E 43.35' 9 S 19'44'18" E 38.90' 10) S 14'50'24" E 31.24' 11) S 21'20'52" E 41.35' 12 S 15'59'56" E 40.80' 13 S 22'51'31" E 31.89' 14 S 12'26'02' E 41.88' 15 5 26'46'28" E 42.12' 16 S 1515'57" E 35.92' 17 5 24'32'02" E 38.01' 18 $ 20'49'12" E 42.64' 191 S 26'32'59" E 35.24' 20) S 16'35'33" E 36.67' 21) S 24'00'32" E 40.72' 22 S 22'40'34" E 39.17' 23 S 24'18'13" E 46.03' 24 S 17'42'51" E 41.06' 25 S 24'04'31" E 38.36' 26 S 24'18'27" E 39.25' 27 S 22'32'04" E 39.00' 28 S 2720'41" E 40.62' 29 5 22'53'41" E 40.15' 30 S 20'07'00" E 42.75' 31) S 22'24'53" E 35.50' PAGE"4'0E, 4 (NOT VALID WITHOUT ALL PAGES) SKETCH NO: CONSERVATION ESMT.dwg NOT VAUO MTHOUT THE ORIGINAL SIGNATURE AND SEAL OF A FLORIDA 110ENSED SURVEYOR AND'MAPPER. CFRI1FICA71ON: • I HEREBY CERTIFY THAT THE SKETCH SHOWN HEREON MEETS THE STANDARDS OF PRACTICE SET FORTH UNDER CHAPTER 5J-17 F.A.C. BY THE FLORIDA BOARD OF,SURVEYORS AND MAPPERS. L R VAUEHT & ASSOCIATES, INC. DATE OF SKETCH: 08/30/202i SURVEYORS, MAPPERS PE 5 79 SCALE: NOT TO SCALE w.o. k 817116 UCENSED SURVEY BUSINESS NUMBER 58]9 REVISION'. 9075 SE BRIDGE ROAD; HOBS SOUND 33455 MAIL P.O. BOX 160 HCBE SOUND, 5 5N75 FLORID OSTRATCN ]PHONE: 772-546-8086 fAX: 772-546-8087 k6 J6 Euub .nu9mmw...a...< P. Michael Zarrella PSM EXHIBIT "C" PRESERVE AREA MONITORING AND MAINTENANCE PLAN SEASIDE RESORT ST. LUCIE COUNTY, FLORIDA Revised May 7, 2021 Prepared by: ECOLOGICAL CONSULTING OF FLORIDA 850 NW FEDERAL HIGHWAY, SUITE 109 STUART, FL 34994 772-220-7817 sopotnicic@ecf-11c.com David C. Sopotnick, President 2083.0o 1.0 INTRODUCTION This assessment is in support of the St. Lucie County development approval process. The development will include a beach front resort and residences, including support facilities, dub house, roads and parking lot, and stormwater system. 2.0 SITE LOCATION The project is located within Sections 22 & 27, Township 36 South, Range 41 East, on Highway AlA, St. Lucie County, Florida (Figure 1). Specifically, the project is located on Highway A1A approximately 1.5 miles south of the Florida Power & Light St. Lucie Nuclear Power Plant. The site is vacant open land bordered on the north by wooded land, undeveloped land and a single-family residence to the south, beach and the Atlantic Ocean to the east, and US Highway A1A to the west. A small parcel is separated by US Highway A1A to the west with Indian River Lagoon abutting the west. The property consists of 15.40+/- acres. 3,0 PRESERVED HABITAT This site has evidence of past disturbance from a previously approved development (Tesoro Beach Club, Applicant GIN Company). An existing fence, and access drive are present. This past approval required restoration and a conservation easement over the dune community. The dune has minimal exotic and nuisance vegetation currently present (to be addressed in this report), with the dune being intact. The conservation easement was recorded. No other activities from the past development have occurred. The dune, mangrove wetlands, and the remaining buffer will be preserved on this site with this Preserve Area Management and Maintenance Plan (PAMMP) being provided to address these resources. The beach dune community is an intact dune system contiguous with dune running north south along the beach side. This area includes seagrape (coccoloba uvifera), sea oats (Untola paniculata), coin vine (Dalbergia ecastaphyllum), and scaevola (Scaevola taccada). The adjacent sand beach is not vegetated. The mangroves are a mature estuarine community with red mangroves (Rhizophora mangle) being dominant. The adjacent buffer to the mangroves includes cabbage palms (Sabel palmetto), seagrapes and Brazilian pepper (Shin us terebinthifolius). The provided site plan depicts the proposed preserved habitat on the property. 1 4.0 PROTECTION OF PRESERVE AREAS The preserve areas will be barricaded with high visibility construction fence during all phases of construction. Barricades will be staked and not attached to vegetation. The barricades will be inspected as part of the standard construction inspections and will be maintained until all construction on site is complete. Barricades will be removed upon completion of the project. Native vegetation within the preserves will be retained. Any removal of exotic vegetation will be by hand labor to prevent accidental disturbance of native vegetation within the preserves. Erosion control for the site will be consistent with the Florida Department of Environmental Protection (FDEP) National Pollutant Discharge Elimination System (NPDES). As this relates to the protection of the preserve areas best management practices (BMP's) such as silt fence will be installed excluding the developed area and protecting the preserve areas. The silt fence will be installed prior to construction, maintained through construction, inspected as part of the site NPDES inspections, and properly removed upon stabilization of soils and completion of the project. Other BMP's may be implemented as part of the Stormwater Pollution Prevention Plan (SWPPP) for the site, however as it relates to this PAMMP, the BMP's utilized will protect the preserve areas from erosion and sedimentation. Dune crossovers as identified on the approved site plan will be maintained through the beach dune preserve areas. Any future trimming of vegetation within the dunes will require a dune trimming permit from St. Lucie County Environmental Resources and shall follow the below guidelines; Si. "Trimming" is defined as cutting branches and leaves to prune a healthy plant; not the complete destruction of the plant. ➢ Trimming is only permitted between March 1°'and October 1s'. ➢ Only plants grater than 6 feet (6') in height are permitted to be trimmed and no plant shall be cut to a height of less than six feet (8') in height. > A maximum of one-third of the plant height or foliage surface area is permitted to be trimmed in a year. Trimming is allowed two times per year provided that no more than one-third of the plant height or foliage surface area is removed in that year. ➢ Dead leaves and limbs protect sensitive understory plants and new growth from slat spray and shall not be removed unless a safety hazard. > Trimming that will result in a lighting violation of Sea Turtle Protection Regulations is strictly prohibited. Marine turtle mortality resulting from increased illumination may be considered a violation o Chapter 370.12 FS, and the Federal Endangered Species Act of 1973. Such violation could subject the responsible party to prosecution by both the Florida Department of Environmental Protection and the US Fish and Wildlife Services with fines up to $10,000. 2 > The project must comply with all Federal and/or State permitting requirements. It is the responsibility of the applicant to inquire and apply if additional permits are required. No trimming shall occur until all permits have been issued. ➢ The Applicant shall contact the assigned Environmental Resources Department Planner two-weeks prior to trimming and one-week post-trimming to schedule a pre-and post-inspection. ➢ The removal or destruction of beach dune vegetation, due to improper trimming is a violation of Section 6.00.00 of the Land Development Code and Sections 161.053 and 161.054 of the Florida Statue. Violations of the St. Lucie County regulations may require mitigation and the applicant may not be permitted to trim the subsequent year. Violations of Florida Statue area second degree misdemeanor and punishable by fines up to $500 and $10,000 a day, respectively. A boardwalk and mangrove trimming consistent with the FDEP guidelines for trimming will be conducted in the mangrove wetlands. This area will be maintained as part of this PAMMP. No other construction will be allowed in the preserve areas. No construction debris will be allowed within the preserve areas. It will be the Contractor's responsibility to keep a clean work site and to remove any project related debris that is within the preserve areas. The land owner will be informed of the limits of the preserve areas. The beach dune area was previously recorded under a conservation easement, with this area and the beach being protected by the FDEP Coastal Construction Control Line (CCCL). The wetland buffer and mangroves will be protected by a conservation recorded at the County. Signage will be installed along the preserves at 100-foot intervals to notify individuals of their protection. Rope and bollards or other similar pedestrian guidance fencing shall be provided along the landward toe of the dune preservation zone to prevent any encroachment of unapproved beach access paths. This PAMMP also recognizes a dedicated 15' wide dune access easement (See Attached Site Plan) to be maintained by the land owner for future necessary dune maintenance and/or restoration. This 15' access easement shall be planted in herbaceous native plant material only and maintained with herbaceous non-woody native plants in perpetuity. The developer, Seaside 20, LLC will be responsible for implementation of this PAMMP and for perpetual maintenance of the preserve areas as directed in this document. 3 5.0 RESTORATION OF PRESERVE AREA The preserve areas are intact and will require no earthwork activities. Minor amounts of exotic vegetation are present within these designated areas and will be removed. Scaevola and coin vine are present within the beach dune community. The scaevola is considered exotic with coin vine being a nuisance species. Hand labor only will be used to remove vegetation within this area. The wetland buffer on the west parcel includes Brazilian pepper which is classified as exotic vegetation. This will be removed by a combination of equipment and hand labor. Any area of soils that are disturbed during this activity will be regraded with tire ruts and holes restored. The mangrove wetland and sand beach do not have any exotic vegetation and do not require restoration. Upon removal of exotic vegetation from the preserve areas, the following plants will be installed at the specified spacing to address any disturbed areas. Beach Dune: > Sea Oats - bare root or 2-inch liner, 2 foot on center ➢ Seagrape— 1 gallon, 6 foot on center Wetland Buffer: ➢ Seagrape - 1 gallon, 6 foot on center > Cabbage Palm —6 foot clear trunk, 20 foot on center > Salt Meadow Cordgrass - bare root, 3 foot on center > Dune Sunflower— bare root, 3 foot on center Plants will be installed during the wet season (July — October) to account for rainfall to water in the plants. In addition to rain fall, the Contractor will be responsible for augmenting the watering as needed to make sure the plants root and make it through the initial installation. 4 6.0 MAINTENANCE OF PRESERVE AREA A maintenance program will be initiated to keep nuisance and exotic vegetation at less than 5% coverage within the preserve areas. Exotics will be maintained by a licensed herbicide applicator with herbaceous vegetation sprayed with the appropriate herbicide and the woody vegetation cut, sprayed and materials removed from the preserve areas and discarded within an approved land fill. Maintenance will be quarterly for the first year, and bi-annually for years 2-4 and annually thereafter. The property owner will be responsible for the maintenance of the preserve areas. 7.0 MONITORING OF PRESERVE AREA Monitoring will include a base line monitoring report to document the restoration of the preserve areas. The baseline will be submitted 30-days after the restoration activities are complete. Annual monitoring and reporting by a qualified ecologist for a duration of five years will be conducted. Reports will be submitted to the County on the one-year anniversary of the baseline report. Monitoring will include three monitoring transects, one for each preserved habitat. A qualitative review of the preserves will be conducted with an estimation of percent coverage by native and exotic vegetation. Exotic vegetation observed will be noted and recommendations for removal will be addressed in the report. Three photo stations will be taken on each event to provide visual documentation of the condition of the preserve areas. 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