HomeMy WebLinkAbout23-165 OR BOOK 5058 PAGE 1593
RESOLUTION NO. 2023-165
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 17th day of October,2023.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST.LUCIE COUNTY,FLORIDA
act C04,4J'
dfrkt..WI of ass Bi
Deputy Clerk �°: ,15 ; Chair
- `•~ a
° .` APPROVED AS TO FORM AND
�krr.F►.oR�O. CORRECTNESS:
By:
(150/ County Attorney
MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY
FILE # 5255794 OR BOOK 5058 PAGE 1570, Recorded 10/17/2023 01:47:23 PM
This instrument prepared by
and return to:
W.Lee Dobbins,Esq.
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.: #3522-343-0001-000-3,#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
I 1 ' day of OCUDel, 2023, 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 Iands 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,a Conditional Use Permit and Alcohol Waiver pursuant to
Resolution No.2021-306,amended by and through Resolution 2022-23 and Resolution 2023-42,
and a Category I Wetland Waiver by and through Resolution 2023-043(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
OR BOOK 5058 PAGE 1571
perpetual obligation of the Club Owner,as that term is defined in the Declaration(the"Club Owner");
and
WHEREAS, the Resolutions further require that the Conservation Area be 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
WHEREAS,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 be 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:
1. Recitals. The recitals hereinabove set forth are true and correct and are hereby
incorporated into and made a part of this Conservation Easement.
2. Purpose. 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 be 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. To 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
b. 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 be 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.
3. 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 arc 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;
b. Dumping or placing of soil or other substance or material as landfill,or
dumping or placing of trash,waste,or unsightly or offensive materials;
OR BOOK 505S PAGE 1572
c. Removal or destruction of trees,shrubs,or other vegetation,except for the
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;
f. 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 raised dock,boardwalk or other 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 be injured or changed from natural causes,
including but not limited to fire,flood,storm and earth movement,the Grantor shall be 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. grgperty Taxes. Grantor shall keep the payment of taxes and assessments on the
Conservation 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 fees and costs,with interest at the maximum rate
allowed by law, no later than thirty days after 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 back 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.
OR BOOK 5058 PAGE 1573
9. Enforcement by Grantee. Enforcement of the terms,provisions and restrictions
of this Conservation Easement shall be at the reasonable discretion of Grantee,and any forbearance
on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by
Grantor or the Club Owner,shall not be 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.
11. Maintenance Obligations 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.
12. Msignmegl. 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. everahility. 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 be affected thereby, as long as the purpose of the
Conservation Easement is preserved.
24. Terms and Restriction'. 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 be in writing and shall be 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 be amended, altered,released
or revoked only by written agreement between the parties hereto or their heirs, assigns or
successors-in-interest,which shall be filed in the public records in St.Lucie County.
17. Extineuishment. If circumstances arise in the future such as render the purpose
of this Easement impossible to accomplish,this Easement can only be 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 be 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 18. 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 be deemed to be
circumstances 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
OR BOOK 5058 PAGE 1574
this Easement,or the unprofitability of doing so,shall not impair the validity of this Easement or
be considered grounds for its termination or extinguishment.
18. Proceeds, This Easement constitutes a real property interest immediately vested
in Grantee,which,for 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 Fasement to the value of the Property unencumbered by the Easement
shall remain constant.
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 free 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
Easement hereby conveyed against the lawful claims of all persons whomsoever.
(SIGNATURE PAGE FOLLOWS)
OR BOOK 5058 PAGE 1575
S WHEREOF2023. , Grantor has hereunto set its authorized hand this day of
I ' 0`� ,
SEASIDE 20,LLC,a Florida limited liability
companye= __„__
WITNESSES:
"`''ZLLeeeeee Heaton,Manager 4`
Signature
Nicole Heaton
Print Name
WI
Signature
. 4A-Trh
Print Name STATE OP 7 G WdipA-t� ���/
COUNTY OF itgiri r VIV
I HEREBY CERTIFY that on this!day of Dtyk 2023,before�mme,by means of IXphysical
presence or❑online notarization,appeared (,ot°1� h ,tidwho 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 p oses therein expressed.
m hand and official seal in the County and State last aforesaid this 7 day of
2023.
•'�icr�p NANCY LYN GAUTHIER
1.F�e`t'1 Notary Public•State of Florida 1 Signed 611
� 'i Commission Expl a Feb076444 J�'*p,t,s,_ . /,S •H/ &A
�� rv!�� My Comm.ExpNes F 4 t,2025 I 't////V(_�(AC L '�/ //T�e+!t..
—"Bonded through National NotaryAssn. 1 Printed
omfmmermirglimmMilmegmerlmaPTINNwma
NOTARY PUBLIC Z'2/.2024--
My Commission Expires:
OR BOOK 5058 PAGE 1576
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,Reef Private Credit LLC,a Utah limited liability company("Mortgagee"),
the owner and holder of a Mortgage and Security Agreement recorded April 20,2023,in the original
principal amount of$12,300,000 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 4978,at Page 2649(together with that certain Assignment of Rents and Leases
recorded in Official Records Book 4978, at Page 2706,all of the Public Records of St.Lucie County,
Florida(said mortgage and assignment of leases and rents,as modified,are hereinafter referred to as the
"Mortgage"),hereby joins in,consents to and subordinates the Iien 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 a day
of cciortr 2023.
Reef Private Credit,LLC,a Utah limited liability
company
WITNESSES:
/f /! BY:
f 14- X-1 P : kl la 1'YI j Ew"LlY7i 1>n rn
Signature IT'S: pirrc'Fp' �—
rNri eAliv T►` y'
Print Name
WITNESSES:
"Signature
MA-(zz-b/2—y -Ayr ml2
Print Name
STATE OF JA+n h
COUNTY OF W Ht.h
The foregoing instrument was ac n wledg d before me by means of,,Q,physical presence or[]online
notarization,this,_day of 2023,by/kirk 004i VN Sr'.kiraJvtivt .(name of officer
or agent)of'e-f' ' ate Credit,LLC,a Utah limited liabilky company,on behalf of the company.He/she is
personall ..own tome .r has produced as
identification. .
�r
�r
Si:r ' i r r," -w,
Flo-9ce,>al]
- � /t1�1N vO V�
ANDON
<< Notary
REA P Lublic,RI CZY StateJOHNSON of Utah Name of Notary Public T ed,Printed
, ,M,'1 Commission a 710542 or Stamped
,Vy7: My Commission Expires On
"• April 06,2024
OR BOOK 5058 PAGE 1577
Exhibit"A"
Property
Eared l:
SubParcelA:Being a tract of land lying in Section 22,Township 36 South,Range 41 East;St.Lucie 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
6323.74 feet Northerly(measured at right angles)front the South line ofsaid Section 27;on the West by the
East right of way line of State Road A-1 A;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[710,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.
Lucie County,Florida.
Parcel7:
A tract of land extending from the Atlantic Ocean to the Indian River being described as theNorth 189.66 feet
of the South 509.94 feet of Section 22,Township 36 South,Range 41 East,St.Luck County,Florida,
measuring 200 feet along the Atlantic Ocean and being further described as being the North 189.66 feetofthe
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
ofthe Indian River and the Atlantic Ocean,Tess right ofway 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
parcel3:
The North 141.89 feet of the South 320.28 feet ofSection 22,Townsbip 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:
Atract of land located on Hutchinson Island,St.Lucre County.Florida extending from the Atlantic Ocean to
the Indian River being described as the South 17839 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.
04264t78.v1
OR BOOK 5058 PAGE 1578
Exhibit"B"
Conservation Area
PROPOSED EASEMEIIT
LOCATION: 7700 S. OCEAN DRIVE; JENSEN BEACH, FLORIDA 34957
PCN: 3522-342-0002-000-7; 3522343-0001-000-3; 3522-344-0001-000-6; & 3522-344-0002-000-3
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 REFERENCE MONUMENT STAMPED
PSM3858 MARKING THE NORTHEAST CORNER OF PELICAN POINTE WEST,
ACCORDING TO THE PLAT THEREOF, RECORDED 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, BEING A
100' WIDE RIGHT—OF—WAY PER FLORIDA DEPARTMENT OF
TRANSPORTATION MAP, SECTION 94050-2107, DATED NOVEMBER 9, 1961;
THENCE SOUTH •24'32'11" EAST ALONG SAID WESTERLY RIGHT—OF—WAY
LINE (BEING AN ASSUMED BEARING AND ALL OTHERS HEREIN ARE
RELATIVE THERETO), A DISTANCE OF 893.00 FEET AND THE POINT OF
BEGINNING; THENCE CONTINUE SOUTH 24'32'11" EAST ALONG SAID
WESTERLY RIGHT—OF—WAY LINE, A DISTANCE OF 343.39 FEET TO A
POINT ON THE SOUTH LINE OF THE AFORESAID LANDS DESCRIBED IN
OFFICIAL RECORDS BOOK 4629, PAGE 2300; THENCE SOUTH 89'56'21"
WEST ALONG SAID SOUTH LINE BEING PARALLEL WITH 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 21.35 FEET TO A
POINT ON THE MEAN HIGH WATER LINE OF THE INDIAN RIVER AS
LOCATED ON NOV. 27, 2020, AND RECORDED IN THE PUBLIC REPOSITORY
OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, BUREAU
OF SURVEYING AND MAPPING AS MEAN HIGH WATER SURVEY FILE NO.
7847; THENCE ALONG SAID MEAN HIGH WATER LINE THE FOLLOWING 27
COURSES AND DISTANCES:
1) THENCE NORTH 41'10'20" WEST, A DISTANCE OF 20.54 FEET
.PA$C'1'0F:',5
(NOT yAOD'01T4OV_T:ACC,PAGES)
SKETCH NO.: RSIDE CON ESMT,dwg NOT VAUD w1IHOUT THE ORIGINAL SIGNATURE AND SEAL OF A RORIDA IJCENSED SURVEYOR'ANOMAPPER..
CERTIFICATION:
I HEREBY CERTIFY THAT THE SKETCH SHOWN HEREON MEETS THE STANDARDS OF PRACTICE!SEt OR-ti'�JNOER'CHAP1ER
DD5J-17 F..�A D..,{B{Y THET� FLORIDA BOARD OF SURVEYORS AND MAPPERS. �
SW VIYNI 11 & A OCIATTSj, INC.. DATE OF SKETCH: 06/26/2023 - I,;.. ' .
SURVEYORS, MAPPERS & PLANNERS SCALE:N/A w.o.P 618871 '' �.,,3;• ,
LICENSED SURREY BUSNESS NUMBER 5879 REVISIONS
9075 SE BRIDGE ROAD; HOBE SOUND 33455 08/29/23 • PER COUNTY COMMENT ', ,��•,,•'
UM; P.O.BOX 160 HOSE SOUND,FL 33475 FLORI EIS1RA11DN 48736•
PHONE: 772-546-8056 FAN: 772-546-6087 ic'}}}111
NAIL wu9htObeua.th.nee P. Mic ef�Zarrelle PSM
OR BOOK 5058 PAGE 1579
LEGAL DESCRIPTION (CONTINUED)
2) THENCE NORTH 43'26'06" WEST, A DISTANCE OF 37.83 FEET
3) THENCE NORTH 43'27'20" WEST, A DISTANCE OF 38.20 FEET
4) THENCE NORTH 24'32'42" WEST, A DISTANCE OF 30.63 FEET
5) THENCE SOUTH 26'19'26" EAST, A DISTANCE OF 33.82 FEET
6) THENCE NORTH 39'35'31" WEST, A DISTANCE OF 37.96 FEET
7) THENCE NORTH 54'17'49" WEST, A DISTANCE OF 36.34 FEET
8) THENCE NORTH 38'36'03" WEST, A DISTANCE OF 24.07 FEET
9) THENCE NORTH 20'09'24" WEST, A DISTANCE OF 33.49 FEET
10) THENCE NORTH 30'34'04" WEST, A DISTANCE OF 32.64 FEET
11) THENCE NORTH 14'13'33" WEST, A DISTANCE OF 15.32 FEET
12) THENCE NORTH 25'49'15" WEST, A DISTANCE OF 14.32 FEET
13) THENCE NORTH 38'02'32" WEST, A DISTANCE OF 31.60 FEET
14) THENCE NORTH 30'10'55" WEST, A DISTANCE OF 22.66 FEET
15) THENCE NORTH 12'18'22" WEST, A DISTANCE OF 16.46 FEET
16) THENCE NORTH 35'50'34" WEST, A DISTANCE OF 18.18 FEET
17) THENCE NORTH 40'26'17" WEST, A DISTANCE OF 20.30 FEET
18) THENCE NORTH 33'14'52" WEST, A DISTANCE OF 16.42 FEET
19) THENCE NORTH 50'41'56" WEST, A DISTANCE OF 19.77 FEET
20) THENCE NORTH 32'49'18" WEST, A DISTANCE OF 30.40 FEET
21) THENCE NORTH 37'45'09" WEST, A DISTANCE OF 27.55 FEET
22) THENCE NORTH 26'19'26" WEST, A DISTANCE OF 30.07 FEET
23) THENCE NORTH 46'11'05" WEST, A DISTANCE OF 38.78 FEET
24) THENCE NORTH 36'44'57" WEST, A DISTANCE OF 26.66 FEET
25) THENCE NORTH 35'54'42" WEST, A DISTANCE OF 25.53 FEET
26) THENCE NORTH 17'20'59" WEST, A DISTANCE OF 18.74 FEET
27) THENCE NORTH 65'35'33" WEST, A DISTANCE OF 13.31 FEET
TO A POINT ON THE SOUTH LINE OF THE AFOREMENTIONED PLAT OF
PELICAN POINTE WEST; THENCE NORTH 89'58'14" EAST ALONG SAID
SOUTH LINE OF PELICAN POINTE WEST, A DISTANCE OF 94.98 FEET;
THENCE DEPARTING SAID SOUTH LINE OF PELICAN POINTE WEST
CONTINUE THE FOLLOWING 16 COURSES AND DISTANCES:
1) THENCE SOUTH 24'32'08" EAST, A DISTANCE OF 17.32 FEET
,,PAv`E4±2'O8,
(NOT VAUP',W7THOUTTALE..PAGES)
SKETCH NO.: RSIDE CON ESMT.dwg NOT VAUD WITHOUT THE 0910MAL SOIATURE AND SEAL OF A FLORIDA LIQNSCD,SURVEYOR'-AND'JpAPPER.
CERTIFICATION: r
I HEREBY CERTIFY THAT THE SKETCH SHOWN HEREON MEETS THE STANDARDS OF PRACTICE'SEt^7OR1N'UNDEIt CHAPTER
5J-17 F.A.C. BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS.
RL VIk, 1r & A SOGIATES, INC. DATE OF SKETCH: 06/26/2023
SURVEYORS, MAPPERS & PLANNERS SCALE N/A w.o.6 818871
LICENSED SURVEY BUSINESS NUMBER 5879 RENSONS
9075 SE BRIDGE ROAD; HOSE SOUND 33455 08/29/23 • PER COUNTY COMMENT ,� :'
MAIL P.O.BOX TOO OGRE SOUND,FL 33475
PHONE 772-546-8066 FAX; 772-506-8087 RORI DISTRAIT :@6756
E11N1: .wg6l 6eT•i th.net P. !Ale COI•Zarrella PSM -
OR BOOK 5058 PAGE 1580
LEGAL DESCRIPTION (CONTINUED)
2) THENCE SOUTH 65'27'49" WEST, A DISTANCE OF 18.36 FEET
3) THENCE SOUTH 24'32'11" EAST, A DISTANCE OF 15.92 FEET
4) THENCE SOUTH 46'11'05" EAST, A DISTANCE OF 35.30 FEET
5) THENCE SOUTH 26'19'26" EAST, A DISTANCE OF 33.82 FEET
6) THENCE SOUTH 37'45'09" EAST, A DISTANCE OF 24.70 FEET
7) THENCE SOUTH 32'49'18" EAST, A DISTANCE OF 24.68 FEET
8) THENCE SOUTH 50'41'56" EAST, A DISTANCE OF 19.58 FEET
9) THENCE SOUTH 33'14'52" EAST, A DISTANCE OF 20.96 FEET
10) THENCE SOUTH 40'26'17" EAST, A DISTANCE OF 19.16 FEET
11) THENCE SOUTH 35'50'34" EAST, A DISTANCE OF 30.60 FEET
12) THENCE SOUTH 12'18'22" EAST, A DISTANCE OF 19.01 FEET
13) THENCE SOUTH 30'10'55" EAST, A DISTANCE OF 11.36 FEET
14) THENCE SOUTH 38'02'32" EAST, A DISTANCE OF 33.51 FEET
15) THENCE SOUTH 25'49'15" EAST, A DISTANCE OF 23.95 FEET
16) THENCE NORTH 47'26'00" EAST, A DISTANCE OF 32.50 FEET TO
THE POINT OF BEGINNING.
CONTAINING 37,376 SQUARE FEET (0.85803 ACRES) MORE OR LESS.
YPAOE'S4,05;5
(NOT,•,YACIO;V,+1! 01jT.AL'L PAGES)
S%ETOI No.: RSIDE CON ESMT.dwg NOT VAUD WITHOUT THE ORIGINAL DENATURE AND SEAL OF A FLORA UCEIVSED'$UAVEYOR'AND'IAAPPER.
CERTIFICATION:
I HEREBY CERTIFY THAT THE SKETCH SHOWN HEREON MEETS THE STANDARDS OF PRACTICE,SES'FORTH•UNDER.:CHAPTER
5J-17 F.A.C. BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS. G
RL VAU6HT & A55OGIATE5, INC. DATE OF SKETCH: 06/26/2023
,;, SURVEYORS, MAPPERS & PLANNERS was:N/A w.o.& 81B871 1 '
LICENSED SURvEr BUSINESS NUMBER 5979 REWSIONS
907S SE BRUDOE ROAD;HOBE SOUND 33455 08/29/23 • PER COUNTY COMMENT �,G
MAIL: P.O.BOX 160 HOSE SOUND,FL 33475 FLORI ,S1RATION.(5716•
PHONE 772-546-6086 FAX:772-546-8087 P. M el•TarreII P$M
EMAIL:wugAt(tdt•outA.net
OR BOOK 5058 PAGE 1581
���\\\ SKETCH OF DESCRIPTION 1 INCH
POINT OF COMMENCEMENT (mils Is NOT A SURVEY) ��r~�!
NE CORNER, PELICAN POINTE ♦ 1=
WEST (Pe 40, PG 35) ® �. 'Z
PELICAN POINTE WEST \c3 \ I�NORTH '4 1-(PB 40, PG 35) \W t� \
N89'58'14"E �7�
94.98'� 70.70' lye
•
272 22 o SCALE : 1" = 100'
25\ 30 31 cPt9��P �c)1j\ THIS Is THE INTENDED DISPLAY SCALE
J Q
24 \32 \oo. tro '97A\
2322 \33 \ ao
\34 i1'.A o o�T
21\ X'36\� 9�o� \
i (2,09 gg \38 \ v�\
,$)N'A-7'\
O ' 115 k40.39 2`� e'co
�� 41 J�
1 �F,s,-, 14\ \ \
1- ^2�- 13 `;2v43\ POINT OF @EGINNING
y*- 12 \ \\
Z�cy. ` 11 y�
�G o vG 10\ \a���iPfr \
F � pF 9 \� sy 6S
LEGEND: 13 g \-N. -7 9�f \
FDOT FLORIDA DEPARTMENT 7\ \\�; U`I\v \
OF TRANSPORTATION 6� \� o
R/W RIGHT-OF-WAY
ORB OFFICIAL RECORDS BOOK 5 \ ��
PB PLAT BOOK \le' 14‘11v"_'t
PG PAGE 5. LINE, SECTION 22-36-41 4\ \LA d0 s \
SECTION 27-36-41 cn 3'\ E. \
rn 29 \ mac"
— 1
S89'56'21"W TT",A
21.35'
S. LINE OF THOSE
LANDS DESCRIBED IN ' ,PACE"4LoF•5
ORB 4629; PAGE 2300 (NOT_XA p•.1(VISHOUT.ALt 3AGES)
SKETCH NO.: RSIDE CON ESMT.dwg NOT VAUD WITHOUT THE OR:tlNAL SIGNATURE AND SEAL OF A FLORIDA UCENSEOr SURvEYOR"ANOh1APPEA
CERTIFICATION:
I HEREBY CERTIFY THAT THE SKETCH SHOWN HEREON MEETS THE STANDARDS OF PRACTICE:SET FORTH'ONDER C APTER
5J-17 F.A.C. BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS. •• "1
RL VAIX IT & ASSOCIATES, ING. DATE OF SKETCH: 06/26/2023
scAIE; AS NOTED w.5. 818871
SURVEYORS, MAPPERS & PLANNERSt
t; :+1:
UCENSED SURVEY BUSINESS NUMBER 5879 REN30N3:
9075 SE ERODE ROAD;HOSE SOUND 13455 08/2S/23 • PER COUNTY COMMENT I: �
MAIL: P.O.SOX ISO ROBE SOUND,EL 03475 FLORID GISiRA710N,/6736
PHONE: 772-546-5088 FAX: 772-546-8057
BUAtL•vuugAlLDel+mutn.net P:M'• .ael.2arreliS PSM
OR BOOK 5058 PAGE 1582
* LINE DATA * * LINE DATA *
# BEARING DISTANCE # BEARING DISTANCE
1) N 41'10'20" W 20.54' 23 N 46'11'05" W 38.78'
2) N 43'26'06" W 37.83' 24 N 36'44'57" W 26.66'
43)) N 43'27'20" W 38.20' 25 N 35'54'42" W 25.53' '
N 24'32'42" W 30.63' 26 N 17'20'59" W 18.74'
1N 23'04'33" W 32.94' 27 N 65'35'33" W 13.31'
N 39'35'31" W 37.96' 28 S 24'32'08" E 17.32'
N 54'17'49" W 36.34' 29 S 65'27'49" W 18.36'
8 N 38'36'03" W 24.07' 30 S 24'32'11" E 15.92'
9 N 20'09'24" W 33.49' 31) S 46'11'05" E 35.30'
10) N 30'34'04" W 32.64' 32 S 26'19'26" E 33.82'
11) N 14'13'33" W 15.32' 33 S 37'45'09" E 24.70'
12) N 25'49'15" W 14.32' 34 S 32'49'18" E 24.68'
13) N 38'02'32" W 31.60' 35 S 50'41'56" E 19.58'
14) N 30'10'55" W 22.66' 36 S 33'14'52" E 20.96'
15) N 12'18'22" W 16.46' 37 S 40'26'17" E 19.16'
16 N 35'50'34" W 18.18' 38 S 35'50'34" E 30.60'
17 N 40'26'17" W 20.30' 39 S 12'18'22" E 19.01'
18 N 33'14'52" W 16.42' 40 S 30'10'55" E 11.36'
19) N 50'41'56" W 19.77' 41) S 38'02'32" E 33.51'
20) N 32'49'18" W 30.40' 42) S 25'49'15" E 23.95'
21) N 37'45'09" W 27.55' 43) N 47'26'00" E 32.50'
22) N 26'19'26" W 30.07'
PAGEI 5:OF,EA
(NOT;;VY.1:1 p,WISFIOUT,AEI PAGES)
SKETCH NO.: RSIDE CON ESMT.dwg NOT VALID WTHOUT THE ORIGINAL SIGNATURE AND SEAL OF A FLORA 110.61SED S1IRVEYDA''ANO,JAAPPER.
CERTIFICATION; .�,-y ..,,. :. i
I HEREBY CERTIFY THAT THE SKETCH SHOWN HEREON MEETS THE STANDARDS OF PRACTICE SET FORTN'UNDER:CHXWTER
5J-17 F.A.C. BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS.
RL VAi .iir & ASSOCIATES, INC. DATE OF SKETCH; 06/26/2023 ,
SURVEYORS, MAPPERS & PLANNERS SCALE;N/A w.o,y:818871
S
LICENSED SURVEY DUENESS RUNNER 5878 REVISION • '
8075 SE BRIDGE"'AO;HESS SOUNO 33455 08/29/23 • PER COUNTY COMMENT
MAR: P.O.BD%160 HOBE SOUND.FL 38476 w FL0�. 0ISTRATIDN.�6736•
PHONE 772-546-6088 FAX 772-546-8087
EMAIL: ught6eel19outh.net P. Michae • ortello PSM
OR BOOK 5058 PAGE 1583
Exhibit"C"
Management Plan
PRESERVE AREA MONITORING AND
MAINTENANCE PLAN
SEASIDE RESORT
ST. LUCIE COUNTY, FLORIDA
Revised June 13,2023
Prepared by:
ii_ l' , , % in.-4-4, iit—‘t 1, ...,.‘1
c7 , ,:�
:4;*—liff rill._111 ii..4 *,...4
ECOLOGICAL CONSULTING OF FLORIDA
850 NW FEDERAL HIGHWAY,SUITE 109
STUART,FL 34994
772-220-7817
sopotntck@ecf-Ilacom
David C.Sopotnick,President
2083.00
OR BOOK 5058 PAGE 1584
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, induding support
facilities,club 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 A1A,St.Lucie County,Florida.Specifically,the project is located on Highway
AlA 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(Uniola 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(Sabal palmetto),seagrapes
and Brazilian pepper(Shines terebinthifolius).
The provided site plan depicts the proposed preserved habitat on the property.
1
OR BOOK 5058 PAGE 1585
4.0 PROTECTION OF PRESERVE AREAS
The preserve areas will be barricaded with high visibility construction fence during al!
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. My 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;
> 'Trimming" is defined as cutting branches and leaves to prune a healthy plant;
not the complete destruction of the plant.
> Trimming is only permitted botween March 1°'and October 1".
> 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(6')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
OR BOOK 5058 PAGE 1586
➢ 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
OR BOOK 5058 PAGE 1587
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 wit 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
OR BOOK 5058 PAGE 1588
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 baseline 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 transacts, 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.
The Property Owner, Seaside 20, LLC will be responsible for the monitoring of the
preserve areas. •
5
OR BOOK 5058 PAGE 1589
FIGURE 1 - SITE PLAN
6
OR BOOK 5058 PAGE 1590
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OR BOOK 5058 PAGE 1591
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