HomeMy WebLinkAbout24-020RESOLUTION NO.24 - 020
A RESOLUTION OF THE BOARD OF COMMISSIONERS
OF THE ST. LUCIE COUNTY EROSION CONTROL
DISTRICT DECLARING THE ACQUISITION OF A
PERMANENT BEACH STORM DAMAGE REDUCTION
EASEMENT ON AND OVER A PARCEL OF LAND
DESIGNATED AS PARCEL 100 AS NECESSARY FOR THE
PUBLIC PURPOSE OF RESTORING THE ADJACENT
BEACH AND DUNE AND PREVENTING DAMAGE TO
UPLAND PROPERTIES AS PART OF THE
IMPLEMENTATION OF ST. LUCIE COUNTY, FLORIDA
COASTAL STORM RISK MANAGEMENT PROJECTS;
AUTHORIZING THE EMPLOYMENT OF APPRAISERS
AND OTHER EXPERTS AND THE FILING OF EMINENT
DOMAIN PROCEEDINGS; AND FOR OTHER PURPOSES
WHEREAS, the St. Lucie County Director of Port, Inlet & Beaches has recommended the
acquisition of a permanent beach storm reduction easement on and over Parcel 100 to the Board
of Commissioners of the St. Lucie County Erosion District, as being necessary for the
implementation of future St. Lucie County, Florida Coastal Storm Risk Management Projects
(hereinafter "Project"), in St. Lucie County, Florida; and,
WHEREAS, funds are available for the acquisition of the Parcel designated as Parcel 100
and for the Project; and,
WHEREAS, the Board of Commissioners of St. Lucie County Erosion District
(hereinafter the "Board") is exercising its authority of eminent domain pursuant to Chapters 73
and 74, Florida Statutes, as amended, and Chapter 2004-409, Laws of Florida, as amended; and,
WHEREAS, the Board has considered the required factors pursuant to Florida law
including Safety, Costs, Alternate Routes or Methodologies, Long Range Plans and the
Environment, as applicable to this parcel, as described in Exhibit `B' ; and,
WHEREAS, after considering the factors as set forth above, this Board has determined
that the acquisition a permanent beach storm damage reduction easement on and over the real
property identified as Parcel 100 and as legally described in Exhibit "A", is necessary for the
following public use and purpose, to wit: the implementation of St. Lucie County, Florida Coastal
Storm Risk Management Projects, and as such, the acquisition of said property is for a public use
and purpose deemed to be in the best interest of St. Lucie County; and,
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WHEREAS, the acquisition of Parcel 100 is necessary for the implementation of the
aforementioned Projects. The terms and conditions of the permanent beach storm damage
reduction easement are set forth on attached Exhibit "C"; and
WHEREAS, it is necessary that the beach storm reduction easement be permanent since
it anticipated that future storm events will require the County to periodically perform the work as
set forth in the easement as described in Exhibit "C" in order to protect, preserve and renourish the
applicable beach and dune areas; and
WHEREAS, the Board acknowledges that to the extent permitted by law and the terms of
the U.S. Army Corps required easement herein, landowners may construct and maintain private
dune overwalk structures within the easement area; and
WHEREAS, the Project will renourish the beach and dune abutting approximately 3.4
miles of ocean -front properties on South Hutchinson Island and the St. Lucie County Erosion
District has acquired permanent beach storm damage reduction easements from forty-nine (49) of
the fifty (50) abutting property owners; and
WHEREAS, the real property as described in Exhibit "A" to be acquired through eminent
domain as authorized by this Resolution is not being acquired for the purpose of abating or
eliminating public nuisances, slum or blighted conditions, and is subject to any applicable
conveyance restrictions pursuant to Florida law, to the extent they may apply; and,
WHEREAS, in order to accomplish the acquisition of Parcel 100, the St. Lucie County
Director of Port, Inlet & Beaches, St. Lucie County Attorney and their designees are authorized to
take legal action, including the filing of eminent domain proceedings, and to employ outside legal
counsel, real estate appraisers and other experts deemed necessary to accomplish this purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF THE ST. LUCIE COUNTY EROSION DISTRICT THAT:
A. This Board adopts and ratifies those matters set forth in the foregoing recitals.
B. The St. Lucie County Director of Port, Inlet & Beaches, St. Lucie County Attorney
and their designees are authorized and directed to proceed to take all necessary steps, including
the hiring of outside legal counsel, accountants, appraisers, or other experts and witnesses, for St.
Lucie County Erosion District to acquire in its own name by donation, purchase or eminent domain
proceedings, a permanent beach storm damage reduction easement on and over the real property
described in Exhibit "A", and to prepare all papers, pleadings and other instruments required for
that purpose, and to see that all eminent domain proceedings are prosecuted to judgment.
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C. The St. Lucie County Director of Port, Inlet & Beaches, St. Lucie County Attorney
and their designees are hereby further authorized and directed to take such further actions as are
reasonably required to fully accomplish the purposes herein above directed, including the making
of minor changes in the description of any real property described in Exhibit "A" that may be
necessary to fully accomplish those purposes.
BE IT FURTHER RESOLVED that the property described in Exhibit "A" is to be used
for the following public use and purpose as set forth on attached Exhibit "C."
After motion and second, the vote on this Resolution was as follows:
Commissioner Chris Dzadovsky, Chair AYE
Commissioner Jamie Fowler, Vice Chair AYE
Commissioner Larry Leet AYE
Commissioner Linda Bartz AYE
Commissioner Cathy Townsend AYE
PASSED AND DULY ADOPTED this 9th day of January 2024.
ATTEST:
Deputy Clerk
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BOARD OF COMMISSIONERS OF
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D' trict A
EXHIBIT A
PROPOSED BEACH STORM DAMAGE REDUCTION EASEMENT
AN EASEMENT OVER AND ACROSS A PORTION OF LANDS DESCRIBED AND
RECORDED IN 3471, PAGE 323, LYING IN SECTION 12, TOWNSHIP 37 SOUTH, RANGE
41 EAST, ST. LUCIE COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE EASTERLY RIGHT-OF-
WAY LINE OF STATE ROAD A-1-A (100' R/W) AND THE NORTH LINE OF
GOVERNMENT LOT 2 (AS ESTABLISHED BY PLAT RECORDED IN PLAT BOOK 15,
PAGE 13); THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 23'56'40"
EAST, A DISTANCE OF 250.00 FEET TO A POINT ON THE NORTH LINE OF LAND
DESCRIBED IN OFFICIAL RECORDS BOOK 3471, PAGE 323 OF THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE ALONG SAID NORTH LINE
NORTH 89'49'13" EAST, A DISTANCE OF 368.78 FEET TO THE PLACE AND POINT OF
BEGINNING (SAID POINT ALSO BEING ON THE WEST LINE OF THE CONSTRUCTION
EASEMENT PER SKETCH & DESCRIPTION PREPARED BY MORGAN & EKLUND, INC.
DATED 11/30/2020); THENCE CONTINUE ALONG SAID NORTH LINE NORTH 89'49'13"
EAST, A DISTANCE OF 131.24 FEET; THENCE SOUTH 28'07'54" EAST, A DISTANCE OF
176.82 FEET; THENCE SOUTH 23'34'03" EAST, A DISTANCE OF 9.31 FEET TO A POINT
ON THE SOUTH LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORDS BOOK
3471, PAGE 323; THENCE ALONG SAID SOUTH LINE SOUTH 89'49'13" WEST, A
DISTANCE OF 148.50 FEET; THENCE NORTH 22'56'21" WEST, A DISTANCE OF 178.65
FEET TO THE POINT OF BEGINNING.
CONTAINING 0.53 ACRES, MORE OR LESS
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EXHIBIT "B"
ST. LUCIE COUNTY, FLORIDA COASTAL STORM RISK MANAGEMENT
PROJECT
PARCEL 100
SAFETY
The federal St. Lucie County, Florida Coastal Storm Risk Management (CSRM) Project consists
of the restoration and future renourishment of approximately 3.4 miles of beach and dune along
St. Lucie County's southern Atlantic shoreline. Beach compatible sand for the project may be
dredged from permitted offshore borrow areas and/or truck hauled from upland sand mines
(depending on need, quantity and/or cost). Generally, projects are expected to take 30-90 days to
complete and could vary in size/extent depending on specific need (up to and including the entire
3.4 mile project area). Active construction adjacent to any given parcel/property is expected to
last 7-14 days, and during active construction the USACE/County (and their contractors) are
obligated to constantly monitor work to ensure each project is safely executed. All abutting
property owners and visitors to the beach are prohibited from accessing active construction areas.
COSTS
The initial project cost estimate for federal beach nourishment by the U.S. Army Corps of
Engineers (USACE) was to be $20,276,000. Two (2) additional federal renourishments are
anticipated, at 18-year intervals, over the next 50 years. This estimate is subject to change due to
the frequency and impact of future storm events. The anticipated cost of the two (2) additional
renourishment projects is $33,020,000, per the congressionally approved feasibility study (2018).
St. Lucie County has entered into a Project Partnership Agreement (PPA) with the Department of
the Army (USACE), whereby the County (acting as the local project sponsor) was responsible
for approximately 65% of the initial construction cost (approximately 35% federal). The future
periodic renourishment events will include up to 27% federal contribution, or a 73% County
contribution. The total cost of these projects is warranted to provide coastal storm risk
management for the adjacent properties and associated infrastructure.
LONG RANGE PLANNING
Future erosion of coastal beach areas is contemplated due to sea level rise and future storm
impacts. Permanent or perpetual easements on and over lands abutting this segment of Atlantic
Ocean shoreline are necessary for the proper planning and implementation of beach nourishment
projects. Depending on specific needs, the County (acting as the local sponsor) may need to
periodically address erosion to maintain a healthy beach and dune system; ultimately, to mitigate
future storm damage risk. The County has obtained Perpetual Beach Storm Damage Reduction
Easements from 49 of the 50 property owners along the 3.4 miles federal project area. These
easements are necessary for the proper planning of any future beach restoration efforts (per
USACE requirements).
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ALTERNATE ROUTES
Beach restoration must obviously be accomplished along the oceanfront and dune areas of
abutting properties. The County and the USACE have explored and analyzed optional methods
and procedures to accomplish beach and dune renourishment and have concluded that the
methodology to be utilized, as permitted by the Florida Department of Environmental Protection,
constitutes the most cost-effective and environmentally -friendly manner to accomplish the goals
of the federal project.
ENVIRONMENTAL IMPACTS
The County obtained a permit from the Florida Department of Environmental Protection for the
2022 project. The permit analyzed the environmental impact of the project including, but not
limited to, matters such as marine turtle protection, fish and wildlife protection, project lighting,
fill restrictions and compaction sampling, water quality monitoring, and other environmental
issues. It is anticipated that future renourishment projects can be permitted and will have
minimal negative environmental impacts.
ACQUISITION OF PARCEL 100
The parent tract of Parcel 100 is approximately 1.92 acres and is improved with a waterfront
restaurant with associated amenities such as an outdoor dining deck and bar, beach/dune
walkway and parking areas. Parcel 100 comprises approximately the eastern.53 acres extending
from the mean high-water line of the Atlantic Ocean extending westward 131.24 feet on the
north end of the parent tract and 148.5 feet on the south end of the parent tract. Parcel 100
includes the dune area as well as the sandy beach located between the dune and the mean high-
water line and contains a stairway leading from a walkway at the restaurant leading to the beach
area, as well as vegetation covering the dune. It is anticipated that the walkway, stairway or
existing dune vegetation will not be disturbed or removed as part of any future project. Parcel
100 is necessary for future renourishment projects in order to restore and renourish the beach and
dune areas at this location as well as to avoid having a negative impact on the subject and
neighboring properties.
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EXHIBIT C
(Permanent Beach Storm Damage Reduction Easement)
A perpetual and assignable easement and right-of-way in, on, over, and across the land
described in Exhibit "A", which is attached hereto and incorporated herein, for use by the ST.
LUCIE COUNTY EROSION DISTRICT, assignable to other public governmental entities,
permitting access and use by their representatives, agents, and contractors to construct; preserve;
patrol; operate; maintain; repair; rehabilitate; and replace; a public beach and dune system and
other erosion control and storm damage reduction measures together with appurtenances thereto,
including the right to deposit sand; to accomplish any alterations of contours on said land; to
construct berms and dunes; to nourish and renourish periodically; to move, store and remove
equipment and supplies; to erect and remove temporary structures; and to perform any other work
necessary and incident to the construction, periodic renourishment and maintenance of the St.
Lucie County, Florida Coastal Storm Risk Management Project; together with the right of public
use of, and access to, the shores by all on equal terms in a manner compatible with the authorized
purpose of the Project; 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 fee owner(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(s) of the applicable
governmental authorities 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 fee owner(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, if any.
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