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HomeMy WebLinkAboutAgenda 05.04.202191�0 LUC�L� __ - - L11(1 a (D �acQoora� EROSION DISTRICT AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, May 4, 2021 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 4, Chair FRANNIE HUTCHINSON District No. 5, Vice -Chair CATHY TOWNSEND District No. 1 CHRIS DZADOVSKY District No. 2 SEAN MITCHELL District No. 3 LINDA BARTZ Mission Statement St. Lucie Works to deliver superior service that enhances our quality of life Page 1 of 331 Regular Meeting Tuesday, May 4, 2021 6:00 PM %A/Pi rnnaF All meetings are televised. All meetings provided with wireless internet access for public convenience. Please turn off all cell phones and pagers prior to entering the commission chambers. Please mute the volume on all laptops and PDAs while in use in the commission chambers. GENERAL RULES AND PROCEDURES — Attached is the agenda, which will determine the order of business conducted at today's Board meeting. INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first Tuesdays at 6 p.m. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on the third Tuesday, which begins at 9 a.m., then public hearings will be heard at 9 a.m. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed rp for to the listed time. The Chair will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes, and must be pertinent to the agenda item being considered by the Board. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chair will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to three minutes. Comments may pertain to any matter related to the Board's duties as the County's governing body. Comments in support or opposition to candidates for public office are not pertinent to the Board's duties. This includes any speaker identifying himself or herself as a candidate for public office. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first Tuesdays of each month at 6 p.m. and on the third Tuesdays at 9 a.m., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Fort Pierce, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TDD 772-462-1428 at least 48 hours prior to the meeting. 21Page Page 2 of 331 Regular Meeting Tuesday, May 4, 2021 6:00 PM 1. CALL TO ORDER 2. GENERAL PUBLIC COMMENT 3. CONSENT AGENDA A. PUBLIC WORKS 1. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Hutchinson Island Club Condominium Association, Inc. - Parcel No. 17 - Parcel ID 4511-514-0000-000-9 Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. 2. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Seawinds Condominium Association, Inc. - Parcel No. 24 - Parcel ID 4502-804-0000-000-1 Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. 3. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Beach Club Property Owners' Association, Inc. - Parcel No. 13 - Parcel ID 4511-521-0001-000-8 and Parcel ID 4511-521-0001-000-1 Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. 4. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Jencourt LLC - Parcel No. 4 - Parcel ID 4512-331-0002-020-1 Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. 31Page Page 3 of 331 Regular Meeting Tuesday, May 4, 2021 6:00 PM 5. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Emerald Funding, LLC - Parcel No. 7 - Parcel ID 4512-313- 0001-000-2 Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. 6. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Oceanrise Condominium Association, Inc. - Parcel No. 20 - Parcel ID 4511-515-0000-000-2 Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. 7. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Island Dunes Oceanside II Condominium Association, Inc. - Parcel No. 39B - Parcel ID 3535-322-0003-000-2 Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. 8. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Island Dunes Oceanside I Condominium Association, Inc. - Parcel No. 39A - Parcel ID 3535-322-0003-000-2 Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. 9. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Claridge By The Sea Condominium Association, Inc. - Parcel No. 23 - Parcel ID 4502-805-0000-000-4 Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. 41Page Page 4 of 331 Regular Meeting Tuesday, May 4, 2021 6:00 PM 10. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Sand & Sea Development Group, LLC - Parcel No. 46 - Parcel ID 3534-111-0008-000-6 and Parcel No. 47 - Parcel ID 3534-111-0002-000-4 Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. 11. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - The Princess Condominium Association of Hutchinson Island, Inc. - Parcel No. 33 - Parcel ID 4502-610-0000-000-6 Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. 12. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Dennis G. Von Aldenbruck - Parcel No. 40 - Parcel ID 3535- 322-0001-100-9 Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. 4. REGULAR AGENDA There are no items scheduled. 5. MOTION TO ADJOURN 5 1 PagE Page 5 of 331 3.A.1. 2021-51405 DATE: 5/4/2021 AGENDA REQUEST TO: Erosion District PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Hutchinson Island Club Condominium Association, Inc. - Parcel No. 17 - Parcel ID 4511-514-0000-000-9 BACKGROUND: In 2013, St. Lucie County partially restored South County beaches while a federal shore protection project was under development by the U.S. Army Corps of Engineers (USACE). About 3.4 miles of beach from Normandy Beach Park to the Martin County line were nourished via placement of about 635,000 cubic yards of sand on the beach and 280,000 plants on the restored dune crest. As part of preparations for the 2013 project, in 2012, the County obtained Temporary Easements from each property owner in the project area. These Temporary Easements authorized a limited use of the seaward portion of each property by the County to construct, repair, nourish, rehabilitate and replace a beach and dune over the limits of construction ... from the landward toe of the dune to the mean high water line; these project specific Temporary Easements expired on March 1, 2016. The USACE is the agency designated by Congress to protect the nation's shores from the chronic effects of erosion and coastal flooding. After completion of studies by the USACE-Jacksonville District, the U.S. Congress authorized a 50-year federal cost -shared beach project through America's Water Infrastructure Act of 2018. The USACE is expected to place sand on the project beaches to help reduce the threat of coastal storm damage and avoid the high costs of coastal storm damage as part of the Congressionally -authorized project in coordination with St. Lucie County. To effectuate the federal project, the County must obtain Easements for construction and maintenance of the federal project - comparable to the Easements obtain for the 2013 project, but with a longer duration to cover all future USACE and County efforts to construct and maintain the federal project. USACE regulations relative to Real Estate Acquisition (ER 405-1-11) include provisions for Perpetual Construction Easements so as to avoid property rights interference with operation of the project by the USACE and County. As required by Florida Statutes (161.191), an Erosion Control Line (ECL) was established by the County prior to construction of the 2013 project; the ECL effectively corresponded to the mean high water boundary between Page 6 of 331 state sovereign lands and the adjacent upland property. All lands seaward of the ECL remain vested to the state by right of its sovereignty; the lands landward of the ECL remain vested to the upland owner. Perpetual Construction Easements are required for sand placement for areas landward of the ECL. Attached for your review and acceptance is a Perpetual Beach Storm Damage Reduction Easement from Hutchinson Island Club Condominium Association, Inc. PREVIOUS ACTION: October 2, 2012 - Board approved the 2013 South County Beach and Dune Restoration Project. January 23, 2018 - Board action to ratify and approve the extension of federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project; permits extended through 2028. December 17, 2019 - Public Hearing advertised and subsequent Board approval of Resolution No. 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Services Taxing Unit (MSTU). September 2020 - Board approved the South Hutchinson Island MSTU during final FY-20/21 budget meeting. November 10, 2020 - Board approved the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement. December 9, 2020 - St. Lucie County receives a USACE official Project Land's Request, including a specific request for Perpetual Construction Easements along the proposed federal beach project area. December 15, 2020 - Board approved the U.S. Army Corps of Engineers (USACE) as co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to develop plans and attain state permits consistent with the project's congressional authorization. FINANCIAL IMPACT: N/A - Easement being donated. RECOMMENDATION: Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None Page 7 of 331 NAYS: None EXCUSED: None Coordination/Signatures Date: April 20, 2021 Katrina Slay, Agenda Coordinator Date: April 20, 2021 Daniel McIntyre, County Attorney Date: April 21, 2021 Joshua Revord, Senior Coastal Engineer Date: April 28, 2021 Don West, Public Works Director Date: April 27, 2021 Mark Satterlee, Deputy County Administrator Page 8 of 331 2020 South Hutchinson Island Coastal Storm Risk Management Project N W+E S 0.25 0.5 1 Miles Map created April 30, 2020 G1Spage 9 0 St. Lucie County, Florida Coastal Storm Risk Management Project PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT THIS EASEMENT, made this rp day of -ale%f , 20V, between Hutchinson Island Club Condominium Association Inc., whose address is I I II SE Federal Suite 100 Stuart FL 34994, hereinafter referred to as the "Grantor", and St. Lucie County Erosion District, whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter referred to as the "Grantee". (Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: WHEREAS, GRANTOR owns beachfront property described in Exhibit "A", incorporated by reference and made a part hereof, and WHEREAS, GRANTEE and the Department of the Army have entered into a Project Partnership Agreement for the St. Lucie County, Florida Coastal Storm Risk Management Project (the "Project") whereby GRANTEE has agreed to be the Local Sponsor for the Project, which provides for beach and dune nourishment within the South Hutchinson Island reach; and WHEREAS, as Local Sponsor for the Project, GRANTEE is required to obtain "perpetual beach storm damage reduction" easements from owners of property in the South Hutchinson Island reach, such as GRANTOR; and WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage to GRANTOR's property and restore the adjacent beach and dune. NOW THEREFORE, in consideration of the mutual benefits to be derived from the permitted uses described below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties to this easement agree to the following: GRANTOR does hereby bargain, convey, and grant 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 GRANTEE, its representatives, agents, contractors, and assigns to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace; a public beach a 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 bertns 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 and access; to plant vegetation on said dunes and berms; to erect, maintain and remove silt screens and sand fences; to facilitate preservation of dunes and vegetation through the limitation of access to dune areas; to trim, cut, fell, and remove from said land all trees, underbrush, debris, obstructions, and any other vegetation, structures and obstacles within the limits of the easement; reserving, however, to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns, the right to construct dune overwalk structures in accordance with any applicable Federal, State, or local laws or regulations, provided that such structures shall not violate the integrity of the dune in shape, dimension or function, and that prior approval of the plans and specifications for such structures is obtained from the designated representative of the Project Sponsor and provided further that such structures are subordinate to the construction, operation, maintenance, repair, rehabilitation and replacement of the project; and further reserving to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns all such rights and privileges as may be used and enjoyed without interfering with or abridging the rights and easements hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. GRANTOR and GRANTEE shall each be responsible for their own acts of negligence when acting within the scope of this Easement and shall only be liable for any damages resulting from their own negligence. Nothing herein is intended to be a waiver of sovereign immunity or of any applicable statutory limitations of liability, including, but not limited to, Section 768.28, Florida Statutes, by GRANTEE (or GRANTOR if applicable). Nothing herein shall be construed as consent by GRANTOR or GRANTEE to be sued by third parties in any manner arising out of this Easement. This Easement shall become effective upon proper execution by GRANTOR Page 10 of 331 The covenants, rights, privileges, restrictions, and reservations set forth herein shall run with the land. The terms and conditions of this Easement shall be deemed severable. Consequently, if any term or condition in this Easement shall be held illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and not withstanding any such determination, this Easement shall continue in full force and effect unless the particular term or condition held illegal or void renders the balance of the Easement impossible to perform. IN WITNESS WHEREOF, GRANTOR has set hereto its hand and sea] on the day and year above written. Signed, sealed and delivered in the presence of: } Hutchinson Island Club Condominium Association, Inc., Witness Signature Signature _ Print Witness Name {tk Title Witness Signature Print Witness Name STATE OF 1 ! iN 6 a '-� COUNTY OF Z_(,LCI-f The foregoing instru ent was acknowledged before me by mea s of v physical presence or online notarization, this � day of 202 I , by R t Ck i�X( t�C, , of Hutchinson Island Club Condominium Association. Inc., on behalf of the corpo ation. He/She is personally known to me or has produced as identification. [NOTARY SEAL] 05ASIDRRA r ; Notary Public - sA Commission N�sodMy Comm. ExpirBonded through Nalio /11,61- G�-- Notary Public ��� / My Commission expires: b I Page 11 of 331 \\ EXHIBIT "A" 1. R-107 \ 11 LANDWARD LIMITS OF CONSTRUCTION R-108 O �- MEAN HIGH WATER LINE ELEVATION = 0.51 NAVD 88 p JANUARY 18, 2012 aL \ N t \ R-109 -S TION 11 TOWNSHIP OWNSHIP 7SRRANGE 4 E LEGEND P.O.B. - POINT OF BEGINNING NAD = NORTH AMERICAN DATUM NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 R-102 = FDEP RANGE MONUMENT (TYP) -- - - — - - — MEAN HIGH WATER LINE AND EROSION CONTROL LINE AS LOCATED JANUARY 18, 2012 - - - - - PROPOSED LANDWARD LIMITS OF CONSTRUCTION AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION PROPOSED EASEMENT AREA Morgan & Eklund Inc. PROFESSIONAL SURVEY CONSULTANTS t'M& E 4909 US HIGHWAY 11 1612 NW 2ND AVENUE SUITE 3 VERO BEACH, FL 32967 PHONE: (772) 388-5384 BOCA RATON FL 33432 PHONE: (954$ 421-6W2 FAX: (7 2) 388-3185 FAX: (9 ) 421-0425 LB /4298 1 600 FEET 2 11 12 PROPOSE EASEMEW (SEE DET IL_ SHEET 2 U) Cn 0 1 R-111 1 1 Oz z "lr� :v -U R-112 1 m m 1 \ A A m m oftsis arr xn y+�,� StM OF LEGAL DESCRIPTION 35117-9 HUTCHNSON ISLAND CLUB CONDOMINIUM ASSOC„ INC, SOUTH ST. LUCIE COUNTY BEACH RESTORATION 1 FOR ST. LUCIE COUNTY EROSION DISTRICT 11/30/20 _ vw0m 8Y *am Ii Fmw DOEW I M1E WL vw seft 1 OF 3 LFI' DWC PAW NA _ EXHIBIT "A" SIRC R98 -18 2012 NAD 83/90 N�1081985.60 E=909213.27 POINT OF BEGINNING OF WEST EASEMENT LINE fNAD 83/90 N=1081789.13 E=90931 C.22 27 r� 34 J 35 DNR MONUMENT 94-77-AO NAD 83/90 N=1079107.8 E=909950.7 ATLANTIC TOWNSHIP 36S, RANGE 4E OCEAN TOWNSHIP 37S, RANGE 41IE LO — �j O 3 I 2 L12 71 12 LI NDWARD LIMITS OF (CONSTRUCTION 10 11 CID y ST. LUCIE COUNTY MARTIN COUNTY DNR MONUMENT PL-R-1 4-9-92 1992 N=1065574.82 NAD 83/90 E 95Q51.i38 L2 1i]M 1l6�f I N FJRAf+IYR IW A �; .SD l�ld Margan •t Eklund Inc. ,.,.�.,.� xnnF,.,...vnm�ecr, x wrar rr�n'�r�ro .Mo e+isxm�o PROFESSIONAL SURVEY CONSULTANTS �u.wr n,�•.eav, �, M'� 1012 NW 2ND AVFNUi E ` +'FA�4 e�US HMM #I eocA RAUITE 3 33132 LB / 4M �nwa!H Line Table Line # Direction Length L1 N14' 22' 29"W 2970.72' L2 S27' 39' 18"E 221.81' L3 S23' 01' 00"E 757.60' L4 S21' 45' 01"E 999.30' L5 S22' 40' 46"E 988.27' L6 S20' 27' 48"E 974,64' L7 S20' 39' 36"E 987.46' L8 S22' 42' 50"E 972.76' L9 S23' 29' 45"E 1008.81' L10 S22' 12' 18"E 940.81' L11 S22' 16' 46"E 654.48' L12 S19' 36' 39"E 386.32' L13 S23' 36' 20"E 977.16' L14 S23' 57' 25"E 1104.24' L15 S24' 26' 17"E 1082.21' L16 S23' 50' 11"E 803,61' L17 S22' 36' 27"E 1129.03' L18 S22' 14' 48"E 1010.56' 1-19 S22' 36' 24"E 787.45' L20 S22' 56' 21 "E 1983.23' L21 N38' 18' 07"E 26,84' POINT OF TERMINATION OF WEST EASEMENT LINE N=1065595.88 NAD 83/90 E=916068.51 SKETCH OF LEGAL DESCRIPTION ° 59 LANDWARD LIMITS OF CONSTRUCTION SOUTH ST. LUCIE COUNTY BEACH RESTORATION = s000 FOR ST. LUCIE COUNTY EROSION DISTRICT 11�1620 cMw a nmm sr cc mr ov[ w n.�a sm 2 " 3 LFP L7V�C err rt - Page 13 of 331 +Vo ,s EXHIBIt'A" MEAN HIGH WATER LINE `+ ELEVATION = 0.51 NAVD 88 JANUARY 18, 2012 y 0 (P` PROPOSED ATLANTIC y EASEMENT (1.12* Ac.) 451151400000009 AND ALL CONDOMINIUM UNIT OWNERS HUTCHINSON ISLAND CLUB ° m OCEAN CONDOMINIUM ASSOCIATION, INC, 10410 S OCEAN DR F JENSEN BEACH, FL 34957 / yW � LANDWARD LIMITS CPS OF CONSTRUCTION sri 'y 5 �q 'y l "+ 5 DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 254, PAGE 2128, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A DEPARTMENT OF NATURAL RESOURCES MONUMENT STAMPED 94 77 A06, HAVING COORDINATES OF NORTHING 1,079,107.89 FEET AND EASTING OF 909,950.79 FEET AS REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT (NAD83190), PROCEED ALONG A BEARING OF N 14' 22' 29" W FOR A DISTANCE OF 2,070.72 FEET TO A SET IRON ROD AND CAP STAMPED R98-18 2012, HAVING COORDINATES OF NORTHING 1,081,985.60 FEET AND EASTING 909,213.27 FEET; THENCE S 27' 39' 18" E FOR A DISTANCE OF 221.81 FEET TO A POINT; HAVING COORDINATES OF NORTHING 1,081,789.13 FEET AND EASTING OF 909,316.22 FEET, SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED LANDWARD LIMITS OF CONSTRUCTION LINE; THENCE S 23° 01' 00" E FOR A DISTANCE OF 757.60 FEET TO A POINT; THENCE S 21' 45' 01" F FOR A DISTANCE OF 999.30 FEET TO A POINT; THENCE S 22° 40' 46" E FOR A DISTANCE OF 988.27 FEET TO A POINT; THENCE S 20' 27' 48" E FOR A DISTANCE OF 974.64 FEET TO A POINT; THENCE S 20' 39' 36" E FOR A DISTANCE OF 987.46 FEET TO A POINT; THENCE S 22' 42' 50" E FOR A DISTANCE OF 972.76 FEET TO A POINT; THENCE S 23' 29' 45" E FOR A DISTANCE OF 1008.81 FEET TO A POINT; THENCE S 22' 12' 18" F FOR A DISTANCE OF 940.81 FEET TO A POINT; THENCE S 22° 16' 46" E FOR A DISTANCE OF 654.48 FEET TO A POINT; THENCE S 19' 36' 39" E FOR A DISTANCE OF 386.32 FEET TO A POINT; THENCE S 23" 36' 20" E FOR A DISTANCE OF 977.16 FEET TO A POINT; THENCE S 23' 57' 25" E FOR A DISTANCE OF 1104,24 FEET TO A POINT; THENCE S 24° 26' 17" E FOR A DISTANCE OF 1082.21 FEET TO A POINT; THENCE S 23' 50' 11" E FOR A DISTANCE OF 803,61 FEET TO A POINT; THENCE S 22° 36' 27" E FOR A DISTANCE OF 1129.03 FEET TO A POINT; THENCE S 22' 14' 48" E FOR A DISTANCE OF 1010.56 FEET TO A POINT; THENCE S 22' 36' 24" E FOR A DISTANCE OF 787.45 FEET TO A POINT; THENCE S 22' 56' 21" E FOR A DISTANCE OF 1983.23 FEET TO THE POINT OF TERMINATION, HAVING COORDINATES OF NORTHING 1,065,596.88 FEET AND EASTING OF 916,068.51 FEET, SAID POINT BEING 26,84 FEET DISTANT FROM A DEPARTMENT OF NATURAL RESOURCES MONUMENT PL-R-1 4-9-92 1992 (HAVING COORDINATES OF NORTHING 1,065,574.82 FEET AND EASTING 916,051.88 FEET NAD 83190) ALONG A BEARING OF N 38° 18' 07" E. "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION" NOTES: THIS IS NOT A SURVEY. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS —OF —WAY, OWNERSHIP OR EASEMENTS OF RECORD NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990. PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY CORPORATION. Morgan & Eklund Inc. PROFESSIONAL SURVEY CONSULTANTS 5.. ,r 1812 NW 2ND AVENUE M&E 4909 US HIGHWAY 11 SUITE 3 VERO BEACH FL 32067 BOCA RATON FL 33432 PHONE: (772) M8-5354 PHONE (9545 421-8882 FAX: (772) 3W-3185 LB #4298 FAX: (064) 421-0425 CERTIFICATE OF SURVEYOR - I HEREBY CERTIFY THAT 7HE INFORMA11ON SHOWN HEREON IS IN ACCORDANCE WITH A RECENT FIELD SURVEY MADE UNDER MY DIREC7701i, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 6J-F7, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO 5EC17ON 472.027. FLORIDA STATUTES. OAWV W. COGGIN. PSM PROFESSIONAL SURVEYOR AND DAPPER 6359 STATE OF FLORIDA SKETCH OF LEGAL DESCRIPTION HUTCH INSON &MD CLUB CONDOMINIUM ASSOC., INC. SOUTH ST. LUCIE COUNTY BEACH RESTORATION FOR ST. LUCIE COUNTY EROSION DISTRICT uw bn sr 0"" or f 10 910K 0" Ir " r LFP DVJC p1 Na - cewsm t 7R 35117-9 sou 1 " = 200' 11/30/20 aw 3 W 3 Waiver of Right to Receive Fair Market Value WHEREAS (Owner) desires to donate to St. Lucie County Erosion District, a dependent special district of St, Lucie County, a political subdivision of the State of Florida, a perpetual beach storm damage reduction easement, to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace a public beach dune system, and other erosion control and storm damage reduction measures associated with The St. Lucie County, Florida Coastal Stone Risk Management Project (PROJECT NAME). AND WHEREAS under the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended, any landowner donating lands, easements, rights -of -way, and dredged material disposal areas for construction and subsequent operation and maintenance for Federal or Federally assisted projects is entitled to receive fair market value as compensation for said property. NOW BE IT KNOWN that the landowner hereby acknowledges the fact that he/she/it is aware of the right to receive fair market value for the above -described easement and does hereby forever waive such right to receive fair market value for the easement. This waiver is binding upon said landowners, his/her/its heirs, successors, and assigns. d Witness Signature: Print Witness Name: rS�l Witness Signature: Hutchinson Island Club Condominium Association, Inc. Signature: Title: 16 e, .✓�� Date: J (1 b IQ 1 Print Witness Name: ]2gSYr c c>, Page 15 of 331 RESOLUTION NO. 2021-114 A RESOLUTION ACCEPTING A PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT ON BEHALF OF ST. LUCIE COUNTY EROSION DISTRICT BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, that: The foregoing Perpetual Beach Storm Damage Reduction Easement from Hutchinson Island Club Condominium Association, Inc. is duly accepted on behalf of St. Lucie County Erosion District this 41" day of May, 2021 subject to: • The Erosion District satisfying the U.S. Army Corps of Engineers (USACE) requirement for project land certification, including the acquisition of Perpetual Beach Storm Damage Reduction Easements along the project area, sufficient to initiate construction of the proposed federal beach project. • The Erosion District receiving the pre -determined funding from both the State and Federal Governments necessary to complete initial beach nourishment. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA w Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: w County Attorney Page 16 of 331 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: EROSION DISTRICT BOARD Mosquito Control & Coastal Management Services South County Beach & Dune Restoration Project See attached memorandum. CONSENT (X) PRESENTED BY: Richard A. Bouchard, P.E. Sr. Coastal Engineer 184-9910-599305-800 (Reserves - Erosion District) 184217-3710-531000-36203 (FDEP Grant - pending Board approval) 184217-3710-546340-36203 (FDEP Grant - pending Board approval) 39012-4115-546340-36203 (Maintenance Beach Renourishment - SHE SAD) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of recommendations (1), (2), (3), (4) and (5) as outlined in the attached agenda item. COMMISSION ACTION: { ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA, ICMA-CM County Administrator li� Coordination/Signatures County Attorney (x) OMB Director Daniel S. McIntyre Originating Dept. ( x ) aWes R. David Erosion District i (x) �v� (- Marie Gouin Patty Marston-Duva Melissa Simberfund Desiree Cimino (x) Richard ouchard AGEND378-WGOUNTY Page 17 of 331 Mosquito Control & Coastal Management Services Erosion District MEMORANDUM TO: Erosion District Board THROUGH: James R. David, Mosquito Control & Coastal Management Services Director FROM: Richard A. Bouchard, P.E., Sr. Coastal Engineer DATE: October 2, 2012 SUBJECT: South County Beach & Dune Restoration Project ITEM NO. II -A Background: St. Lucie County has initiated a non-federal project to address the severely deteriorated conditions of the South County shoreline while paralleling the development of a federal shore protection project to provide for future re -nourishment of the beaches in the project area. A benefit based funding plan was developed for this one-time local beach and dune project that includes three funding sources; State funding at 43%, Erosion District Zone E reserve funding at 23% and Special Assessment District (SAD) funding at 34%. After numerous meetings, workshops and public bearings the Board approved the assessment role and levied assessments against each parcel within the SAD on September 4, 2012. The following are all companion items that require formal Board action in order for this project to proceed: FDEP Grant Agreement 13SL1 and Budget Resolution 12-010: The Florida Beach Erosion Control Program (FBECP) is a Long -Range Budget Plan administered through the Florida Department of Environmental Protection (FDEP) to assist eligible local governments with their beach erosion control projects. A large portion of the efforts to date on the South County Beach Restoration project has been funded through this program, more specifically through FDEP Project Agreement 11 SL1. This new grant agreement will include additional state funding of $4,609,495 and a maximum local match of $5,989,482. A small portion of these grant funds are intended for reimbursement of recent pre -construction and permitting activities associated with this project which were performed utilizing Erosion District funds. The remaining state grant funds will be used in conjunction with SAD and Erosion District funds to promote construction and monitoring activities as outlined below. Budget Resolution 12-010 establishing the grant funding is also attached. Recommendation (9): Board approval of the draft FDEP Project Agreement 13SL1 and Budget Resolution No. 12-010 and authorization for the Chairman to sign documents as approved by the County Attorney. Page 18 of 331 ITEM NO. (ID # 4965) J DATE: 01/23/2018 COUNTY ` R I ID A AGENDA REQUEST *CONSENTAGENDA TO: Erosion District PRESENTED BY: Richard Bouchard, Senior Coastal Engineer SUBMITTED BY: Erosion District SUBJECT: South County Beach and Dune Restoration Project (Permit Extensions) BACKGROUND: At the request of beachfront property owners St. Lucie County completed a non-federal project to address the severely deteriorated conditions of the South County shoreline. Concurrently, the development of a federal shore protection project is underway to provide for future re -nourishment of the beaches in the project area. The one-time local project encompassed approximately 3.3 miles of Atlantic Ocean coastline, from Martin County north to Normandy Beach Park and was completed in May 2013. Substantial effort and resources went into securing state and federal permits this project. Prior to allowing these 5-year permits to lapse, staff contacted the regulatory agencies to initiate 10-year extensions. Maintaining these permits will most likely be very beneficial in the future with the proposed federalization or potential FEMA claims. It would also be very costly and time consuming to reactivate these permits once they expire. Staff recommends extending these permits an additional 10-years. PREVIOUS ACTION: October 2, 2012 - Board approval of the South County Beach and Dune Restoration Project. FINANCIAL IMPACT: There is no financial impact associated with this action. RECOMMENDATION: Staff recommends that the Erosion District Board ratify and approve the extension of federal and state permits for the South County Beach and Dune Restoration Project. COMMISSION ACTION: Page 19 of 331 RESULT: MOVER: SECONDER: ADOPTED BY CONSENT VOTE [UNANIMOUS] Cathy Townsend, District No. 5 Linda Bartz, District No. 3 Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend Coordination/Signatures anie s. McIntyre, C my ttorney 1/8/2018 Updated: 1/5/2018 2:50 PM by Richard Bouchard Page 2 Page 20 of 331 r Luc a- AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Barbara Guettler, MSBU Coordinator SUBMITTED BY: Public Works 9.B.1. RES-2019-286 PUBLIC HEARINGS -PUBLIC WORKS DATE: 12/17/2019 *RESOLUTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? NO SUBJECT: South Hutchinson Island MSTU Option "A", SHI Beach Erosion Control MSTU BACKGROUND: The County is currently investigating the feasibility of several options to partially fund the cost of providing ongoing beach and dune restoration improvements associated with a Federal beach project (from Normandy Beach south, approximately 3.4 miles, to the Martin County line). The following options are those relating to the creation of Municipal Services Taxing Units ("MSTUs"). On South Hutchinson Island, from Normandy Beach to the Martin County line, there are approximately 2848 taxable parcels east of A1A and 3430 taxable parcels west of A1A. Per Section 40-59 of the St. Lucie County Code of Ordinances, in order to preserve the County's option to levy ad valorem taxes in the MSTUs starting in 2020, the County must hold advertised public hearings and create the MSTUs prior to January 1, 2020. The creation of the MSTUs does not in any way obligate the County to levy ad valorem taxes; rather, it simply preserves the County's option to do so, if it is found to be the most feasible funding option. The determination as to how much ad valorem revenue to be raised in the MSTUs, if any, and the corresponding millage rate for each MSTU would be determined by the Board during its budget deliberations next year. Option "A" would be to create one MSTU to levy ad valorem taxes on all of the parcels on South Hutchinson Island from Normandy Beach to the Martin County line. If this option is chosen, all of the parcels within the MSTU (both east and west of A1A) would share the same millage rate to fund future beach and dune restoration projects within the MSTU boundary. This option was suggested by the Presidents Council. Option "B" would be to create an MSTU to levy ad valorem taxes on all of the parcels east of A1A from Normandy Beach to the Martin County line. This option would encompass all taxable parcels with beach frontage. Page 21 of 331 Option "C" would be to create an MSTU to levy ad valorem taxes on all of the parcels west of A1A from Normandy Beach to the Martin County line. In order to allow the Board the greatest flexibility to set and adjust separate millage rates for parcels east and west of A1A, Staff recommends a combination of Option "B" and Option "C". Creating two separate MSTUs (SHI East and SHI West) would allow Staff and the Board to research and determine a fair and equitable millage rate for each side of A1A based on the level of benefit the parcels would receive from the improvements. This would not restrict the Board from levying the same millage rate for both MSTUs if doing so is determined to be the most reasonable option. County agenda software does not allow multiple resolutions to be attached to one agenda item; therefore, each MSTU option will be considered during separate public hearings. This is the public hearing for Option "A", SHI Beach Erosion Control MSTU. PREVIOUS ACTION: November 19, 2019 - Board granted permission to advertise these public hearings. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board's disapproval of the attached resolution, SHI Beach Erosion Control MSTU. COMMISSION ACTION: RESULT: Adopt MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: December 03, 2019 Don West, Public Works Director Page 22 of 331 Date: December 03, 2019 Daniel McIntyre, County Attorney Date: December 03, 2019 Mark Satterlee, Deputy County Administrator Page 23 of 331 5.A.1. 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50618 DATE: 11/10/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - USACE Project Partnership Agreement (PPA) - ADD ON BACKGROUND: In November 2002 , the U.S. Army Corps of Engineers (USACE) completed a "Section 905(b) analysis for a "St. Lucie County ,Florida — Hurricane and Storm Damage Reduction Study" including the Study Area - from just south of Blind Creek (R-77) to the Martin County Line (R-115). This reconnaissance report recommended that the "study proceed into the feasibility phase", which was eventually initiated in 2004. Shortly afterwards, the USACE re-scoped the Federal project (reducing the proposed project area) and approved it as part of their 3x3x3 Plan; eventually receiving federal funding to move the study forward. While in the feasibility phase, storm events (including Hurricane Sandy) impacted South County Beaches. The storm damages experienced after these events warranted quick/specific action. St. Lucie County, with support from the State of Florida and local stakeholders, initiated construction of a one-time, non-federal beach restoration project in April 2013 while federal efforts continued. The project consisted of the nourishment of 3.4 miles of FDEP designated "critically eroded" Atlantic shoreline from FDEP monument R-98 (Normandy Beach) to the Martin County line (R-115). The project included placement of approximately 635,164 cubic yards of beach compatible sand from St. Lucie Shoal and was partially funded through a Special Assessment District (SAD) created for the project. A nearshore limestone boulder mitigation reef was also completed to offset project related hard -bottom impacts. Eventually, the South St. Lucie County, Florida Storm Risk Management Project Feasibility Study was completed and approved; receiving a signed Chief's Report (December 15, 2017) and federal Congressional authorization (2018 WRDA Bill). In addition, Erosion District Staff diligently pursued and secured approximately $6.4 million in state grant funds from the Florida Department of Environmental Protection (FDEP) for the initial federal beach project (FDEP Grant 19SL4 and 20SL3) and unilaterally increased the level of federal participation by 7% by creating additional public beach access at County owned beach parks. To help fund future construction efforts associated with this project, the St. Lucie County BOCC drafted and subsequently approved the South Hutchinson Island Municipal Service Taxing Unit (MSTU). Page 24 of 331 Since 2013, persistent beach erosion has continued to impact this stretch of coastline, and the previously executed project is now quickly approaching its design life expectancy (10 years). In addition, this beach area has received significant damages from Hurricane Matthew (2016), Hurricane Irma (2017), Hurricane Dorian (2019), and Hurricane Isaias (2020). The increased frequency of storm events along our coast naturally promotes the need for a long-term beach management plan/strategy. The attached Project Partnership Agreement (PPA) includes such a plan, and it is seen as the best option for the long-term stability of the southern Atlantic shoreline of St. Lucie County. Future federal participation not only assists in partially funding future beach nourishment efforts but also enhances the County's ranking in future state Beach Management Funding Assistance requests, which includes ranking metrics contingent on the level of federal participation. Execution of the attached Project Partnership Agreement (PPA) is required for the USACE to officially initiate efforts associated with the proposed federal beach project. The attached agreement includes provisions that allow permit required physical and biological monitoring to be eligible for future work in -kind credit. Non - Federal funding for the initial beach project is required prior to July 2021. Absent of federal participation, the County/local residents would be responsible for funding, initiating, and managing all future beach nourishment effort along this stretch of beach. PREVIOUS ACTION: 1999 - St. Lucie County's Erosion District initiates process to seek federal support and management of St. Lucie County's southern beaches at the direct request of South Hutchinson Island residents. 2004 - Erosion District and the U.S. Army Corps of Engineers (USACE) sign feasibility cost sharing agreement as first major step towards beach federalization. Major coastal storm impacts from Hurricanes Frances and Jeanne. 2005-2007 - Emergency dune restoration takes place with Florida Department of Environmental Protection (FDEP) and Federal Emergency Management Agency (FEMA) funding. 2013 - South County Beach impacts from Hurricane Sandy. Erosion District coordinates a one-time emergency beach nourishment project in response to beachfront residents' requests. Beach and dune restoration completed for approximately 3.4 miles of shoreline from the Martin County line north to Normandy Beach Park. 2017-2018 — Feasibility report completed and Congress authorizes the St. Lucie County, Florida Storm Risk Management Project in the 2018 Water Resources Development Act (WRDA); including a fifty (50) year project life. Federal Share of construction funded in Bipartisan Act of 2018 (PL 115-123). March 2019 — St. Lucie County successfully petitioned and receives a construction timeline extension; initial beach project construction re -scheduled for winter 2021/spring 2022. December 2019 — Public Hearing advertised and subsequent Board approval of Resolution 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Page 25 of 331 Services Taxing Unit (MSTU). September 2020 - County approves the South Hutchinson Island MSTU during final FY-20/21 budget meeting. FINANCIAL IMPACT: As of the effective date of this Agreement, total construction costs are projected (by the USACE) to be $114,794,000 over the proposed fifty (50) year project life. This includes one (1) initial beach nourishment event and two (2) follow-up re -nourishment events. The non-federal/local share of the fifty (50) year project duration is estimated at $81,968,000, with a $32,826,000 federal contribution. The total cost of the initial nourishment event (scheduled for Fy-2022/2023) is estimated at $22,894,000, consisting of an $8,013,000 federal (35%) and $14,881,000 (65%) non-federal/local cost share arrangement. RECOMMENDATION: Staff recommends Board approval of the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement (and associated documents) and authorization for the Chair to sign those documents as approved by the County Attorney. COMMISSION ACTION: RESULT: Approve MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: November 04, 2020 Glenn Henderson, Mosquito Control Director Date: November 04, 2020 Jennifer Garrity, Management Analyst Date: November 04, 2020 Jennifer Hill, Office of Management & Budget Director Page 26 of 331 Date: November 04, 2020 Daniel McIntyre, County Attorney Date: November 04, 2020 Alphonso Jefferson, Deputy County Administrator Page 27 of 331 T Op 0 Gy'Tf STATES O4 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 701 SAN MARCO BOULEVARD JACKSONVILLE, FLORIDA 32207-8175 Mr. Howard Tipton County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Sent via email to tiptonh@stlucieco.org Dear Mr. Tipton: December 9, 2020 As provided by the terms of the Project Partnership Agreement (PPA) between the Department of the Army and St. Lucie County, Florida dated December 2, 2020 (Enclosure 1), St. Lucie County, Florida agrees to provide the real property interests required for the St. Lucie County, Florida Coastal Storm Risk Management Project (Project). This letter serves as the Government's notice for the County to proceed with the acquisition of these property interests and to provide the Government with authorization for entry through a Certification of Lands. The real property interests required are located on Hutchinson Island in St. Lucie County, Florida, as shown in the enclosed maps (Enclosure 2) and identified in the enclosed Florida Department of Environmental Protection (FDEP) Permit No. 0154626- 001-JC (Enclosure 3), and are further described below: a. Perpetual beach storm damage reduction easements for the authorized project area identified in purple in Enclosure 2 that is landward of the erosion control line (ECL). b. Temporary work area easement for a minimum of 24 months for the staging areas identified in blue in Enclosure 2. c. Temporary work area easement for a minimum of 24 months for the access areas identified in pink in Enclosure 2. d. Sovereign submerged authorization from the State of Florida for the authorized project area identified in Enclosure 3, as amended, that is located seaward of the ECL. Enclosed are templates for the Certification of Lands (Enclosure 4), Attorney's Certificate of Authority (Enclosure 5), and the required language for the perpetual beach storm damage reduction easements (Enclosure 6) and the temporary work area easements (Enclosure 7). Please provide the land certification and all supporting Page 28 of 331 2 documentation by June 28, 2021 via mail to the Corps of Engineers, Jacksonville District, 701 San Marco Boulevard, Jacksonville, Florida 32207-8175. If you have any questions or require additional information, please contact Christopher Bukolt, email: Christopher.d.bukolt@usace.army. mi1, or by telephone: 904- 232-3401. Sincerely, MCQUILLEN.TI Digitally signed by MCQUILLEN.TIMOTHY.HAR MOTHY.HART.1 T.1050583305 Date: 2020.12.09 15:26:08 050583305 05,00, Timothy H. McQuillen Chief, Real Estate Division Enclosures Page 29 of 331 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50865 DATE: 12/15/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project — USACE Permitting Authorization BACKGROUND: At the request of beachfront property owners, St. Lucie County completed a non-federal beach project in 2013 to address beach erosion along the southern coastline of St. Lucie County (3.4 miles). Meanwhile, the County continued to pursue a federal shore protection project along the same shoreline. In 2018 a feasibility study for the federal project was approved by Congress. Concurrently, federal funding for initial construction was provided in the Bipartisan Act of 2018. After successfully petitioning for and receiving a construction timeline extension in early 2019, St. Lucie County's BOCC approved the South Hutchinson Island Municipal Services Taxing Unit (MSTU) in September 2020 to help fund the non-federal/non-state share of proposed construction. Subsequently, the BOCC approved the Project Partnership Agreement (PPA) with the U.S. Army Corps of Engineers (USACE) for the 50 year federal project on November 10, 2020. In preparation for initial construction (proposed winter 2021/spring 2022) staff is actively pursuing perpetual construction easements required for project bidding (July 2021). After preliminary discussions with both the USACE and the Florida Department of Environmental Protection (FDEP), and considering the similarities between the proposed federal and 2013 projects, it was determined that a minor permit modification to the County's existing state permit was the preferred permitting path for all parties. As a co -applicant, the USACE can avoid duplicative submissions and reviews already performed during the 2013 project, resulting in efficiency and cost savings. To do this, the County would need to request that the USACE be added as a co - applicant to existing permit No. 0154626-001-JC. As a co -applicant, the USACE will proposed modifications to the original design and help negotiate permit requirements consistent with the federal authorization, eventually attaining state permitting approval for initial construction. As co -applicants, County staff and our hired professional consultants will actively coordinate with USACE staff in all future modification requests to the state. PREVIOUS ACTION: Page 30 of 331 October 2, 2012 — Board approval of the 2013 South County Beach and Dune Restoration Project. January 23, 2018 — Board action to ratify and approve the extension of both federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project (Item No. 4965); permits extended through 2028. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the USACE as a co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to developed plans and attain state permits consistent with the project's congressional authorization; including approval for the Chair to sign documents associated with minor permit modification(s), as requested by the USACE and approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: December 01, 2020 Glenn Henderson, Mosquito Control Director Date: December 01, 2020 Don West, Public Works Director Date: December 02, 2020 Daniel McIntyre, County Attorney Page 31 of 331 Date: December 02, 2020 Mark Satterlee, Deputy County Administrator Page 32 of 331 3.A.2. 2021-51466 DATE: 5/4/2021 AGENDA REQUEST TO: Erosion District PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Seawinds Condominium Association, Inc. - Parcel No. 24 - Parcel ID 4502-804-0000-000-1 BACKGROUND: In 2013, St. Lucie County partially restored South County beaches while a federal shore protection project was under development by the U.S. Army Corps of Engineers (USACE). About 3.4 miles of beach from Normandy Beach Park to the Martin County line were nourished via placement of about 635,000 cubic yards of sand on the beach and 280,000 plants on the restored dune crest. As part of preparations for the 2013 project, in 2012, the County obtained Temporary Easements from each property owner in the project area. These Temporary Easements authorized a limited use of the seaward portion of each property by the County to construct, repair, nourish, rehabilitate and replace a beach and dune over the limits of construction ... from the landward toe of the dune to the mean high water line; these project specific Temporary Easements expired on March 1, 2016. The USACE is the agency designated by Congress to protect the nation's shores from the chronic effects of erosion and coastal flooding. After completion of studies by the USACE-Jacksonville District, the U.S. Congress authorized a 50-year federal cost -shared beach project through America's Water Infrastructure Act of 2018. The USACE is expected to place sand on the project beaches to help reduce the threat of coastal storm damage and avoid the high costs of coastal storm damage as part of the Congressionally -authorized project in coordination with St. Lucie County. To effectuate the federal project, the County must obtain Easements for construction and maintenance of the federal project - comparable to the Easements obtain for the 2013 project, but with a longer duration to cover all future USACE and County efforts to construct and maintain the federal project. USACE regulations relative to Real Estate Acquisition (ER 405-1-11) include provisions for Perpetual Construction Easements so as to avoid property rights interference with operation of the project by the USACE and County. As required by Florida Statutes (161.191), an Erosion Control Line (ECL) was established by the County prior to construction of the 2013 project; the ECL effectively corresponded to the mean high water boundary between Page 33 of 331 state sovereign lands and the adjacent upland property. All lands seaward of the ECL remain vested to the state by right of its sovereignty; the lands landward of the ECL remain vested to the upland owner. Perpetual Construction Easements are required for sand placement for areas landward of the ECL. Attached for your review and acceptance is a Perpetual Beach Storm Damage Reduction Easement from Seawinds Condominium Association, Inc. PREVIOUS ACTION: October 2, 2012 - Board approved the 2013 South County Beach and Dune Restoration Project. January 23, 2018 - Board action to ratify and approve the extension of federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project; permits extended through 2028. December 17, 2019 - Public Hearing advertised and subsequent Board approval of Resolution No. 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Services Taxing Unit (MSTU). September 2020 - Board approved the South Hutchinson Island MSTU during final FY-20/21 budget meeting. November 10, 2020 - Board approved the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement. December 9, 2020 - St. Lucie County receives a USACE official Project Land's Request, including a specific request for Perpetual Construction Easements along the proposed federal beach project area. December 15, 2020 - Board approved the U.S. Army Corps of Engineers (USACE) as co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to develop plans and attain state permits consistent with the project's congressional authorization. FINANCIAL IMPACT: N/A - Easement being donated. RECOMMENDATION: Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None Page 34 of 331 NAYS: None EXCUSED: None Coordination/Signatures Date: April 19, 2021 Katrina Slay, Agenda Coordinator Date: April 20, 2021 Daniel McIntyre, County Attorney Date: April 20, 2021 Joshua Revord, Senior Coastal Engineer Date: April 28, 2021 Don West, Public Works Director Date: April 27, 2021 Mark Satterlee, Deputy County Administrator Page 35 of 331 2020 South Hutchinson Island Coastal Storm Risk Management Project N W+E S 0.25 0.5 1 Miles Map created April 30, 2020 G1 �ge St. Lucie County, Florida Coastal Storm Risk Management Project PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT THIS EASEMENT, made this day of 20.)-1 between Seawinds Condominium Association, Inc., whose address is 1111 SE Federal Hwy, #1 0, Stuart, FL 34994, hereinafter referred to as the "Grantor", and St. Lucie County Erosion District, whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter referred to as the "Grantee". (Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: WHEREAS, GRANTOR owns beachfront property described in Exhibit "A", incorporated by reference and made a part hereof; and WHEREAS, GRANTEE and the Department of the Army have entered into a Project Partnership Agreement for the St. Lucie County, Florida Coastal Storm Risk Management Project (the "Project") whereby GRANTEE has agreed to be the Local Sponsor for the Project, which provides for beach and dune nourishment within the South Hutchinson Island reach; and WHEREAS, as Local Sponsor for the Project, GRANTEE is required to obtain "perpetual beach storm damage reduction" easements from owners of property in the South Hutchinson Island reach, such as GRANTOR; and WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage to GRANTOR's property and restore the adjacent beach and dune. NOW THEREFORE, in consideration of the mutual benefits to be derived from the permitted uses described below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties to this easement agree to the following: GRANTOR does hereby bargain, convey, and grant 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 GRANTEE, its representatives, agents, contractors, and assigns to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace; a public beach a 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 and access; to plant vegetation on said dunes and berms; to erect, maintain and remove silt screens and sand fences; to facilitate preservation of dunes and vegetation through the limitation of access to dune areas; to trim, cut, fell, and remove from said land all trees, underbrush, debris, obstructions, and any other vegetation, structures and obstacles within the limits of the easement; reserving, however, to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns, the right to construct dune overwalk structures in accordance with any applicable Federal, State, or local laws or regulations, provided that such structures shall not violate the integrity of the dune in shape, dimension or function, and that prior approval of the plans and specifications for such structures is obtained from the designated representative of the Project Sponsor and provided further that such structures are subordinate to the construction, operation, maintenance, repair, rehabilitation and replacement of the project; and further reserving to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns all such rights and privileges as may be used and enjoyed without interfering with or abridging the rights and easements hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. GRANTOR and GRANTEE shall each be responsible for their own acts of negligence when acting within the scope of this Easement and shall only be liable for any damages resulting from their own negligence. Nothing herein is intended to be a waiver of sovereign immunity or of any applicable statutory limitations of liability, including, but not limited to, Section 768,29, Florida Statutes, by GRANTEE (or GRANTOR if applicable). Nothing herein shall be construed as consent by GRANTOR or GRANTEE to be sued by third parties in any manner arising out of this Easement. This Easement shall become effective upon proper execution by GRANTOR. Page 37 of 331 The covenants, rights, privileges, restrictions, and reservations set forth herein shall run with the land. The terms and conditions of this Easement shall be deemed severable. Consequently, if any term or condition in this Easement shall be held illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and not withstanding any such determination, this Easement shall continue in full force and effect unless the particular term or condition held illegal or void renders the balance of the Easement impossible to perform. fN WITNESS WHEREOF, GRANTOR has set hereto its hand and seal on the day and year above written. Signed, sealed and delivered in the presence of: Witness Signature Print Witness Name Witness Signature Ma -"djij IV Print Witness Name th& STATE OF COUNTY OF Seawinds 5.01dlommium As ciation�nc�.,, Signature_ Title The foregoin instrument was acknowledged before me by means of physical presence or online notarization, this day of Februce , 202 J , by 10 S f— -? Jx a y�r , of Seawinds Condominium Association In on behalf of the corjioration. He/She is personally known to me or has produced D �j y(. "tdgntification. [NOTARY SEAL] o��av aUe� WRY LEE MATT18 * c* MY COMMISSION # GG 064648 N� oa F.XI''IRES: March 6, 2021 plF�F FIQo- Bonded Tiw Budge) Notary SeMcss Notary Publ My Commission expires:��,h (,r,, zozy Page 38 of 331 EXHIBIT "A" N 71 N , R-105 , 0 LANDWARD LIMITS OF CONSTRUCTION O c , ro R-106 R-107 �- MEAN HIGH WATER LINE ELEVATION = 0.51 NAVD 88 JANUARY 18, 2012 R-108 � I 1" = 000 FEET A MANTIC OCEAN N 0` PROPOSED EASEMENT - - (SEE DETAIL SHEET 3) o / f � X\R-109 LEGEND ,}/ I� P.O.B. = POINT OF BEGINNING 21 I NAD = NORTH AMERICAN DATUM L NAV0 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 o R-102 = FDEP RANGE MONUMENT (TYP) A — - - — - - — MEAN HIGH WATER LINE AND EROSION CONTROL LINE AS LOCATED JANUARY 18, 2012 — - - — - - — PROPOSED LANDWARD LIMITS OF CONSTRUCTION R �,o AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION SEC IO RANGE 41E XPROPOSED EASEMENT AREA SECT N 1, TOWNSHIP 3F.S, RANGE 41E L C(f!L!Llll..C.C!_L1 ` D n u Morgan & Eklund Inc. OF LEGAL DESCRIPTION Na COA5SI(ETCH 3511�7M--s i SEA WINDS CONDOIr NUM ASSOCIATION, INC. sou PROFESSIONAL SURVEY CONSULTANTS , 3 `► SOUTH ST. WOE COUNTY BEACH RESTORATION 1812 NW AVENUE E SUITE 2 4909 US HIGHWAY SUfN 3 Mt�E �p M FOR ST. WOE COUNTY EROSION DISTRICT 2111121 9 VEf20 8FJ1CH FL 32967 BOCA BATON FL 33432 PHONE: (7-72) 3W-5364 PHONE (954$ 421-6882 maw By am�m ei em eocw °� ar w�tv FAX: (2) 388-3165 FAX: (04) 421-0425 r 1 a< 3 LB #4298 LFP dWC matzo - age 39 of 331 EXHIBIT "A" _..._ ---- -- --� SIRC R98 -18 2012 NAD 83/90 N=1081985.60 E=909213.27 POINT OF BEGINNING OF WEST EASEMENT LINE NAD 83/90 N=1081789.13 E=909316.22 27 r� 34 -' rs 35 tl� DNR MONUMENT 94-77-AOP NAD 83/90 N=1079107.8 r" { E=909950.7 ATLANTIC f TOWNSHIP 3 5, RANGE 4 i � OCEAN TOWNSHIP 375, RANGE 41E `p L 3 2 12 5 r m v' � 1!j 12 LFl��DWARD LIMITS OF . ONSI RUC (ION � 10 11.;.':,:... j ST, LUCIE COUNTY MAR -FIN COUNTY Line Table Line # Direction Length L1 N14' 22' 29"W 2970.72' L2 S27' 39' 18"E 221.81' L3 S23' 01' 00"E 757.60' L4 S21 ' 45' 01 "E 999.30' L5 S22' 40' 46"E 988.27' L6 S20' 27' 48"E 974,64' L7 S20' 39' 36"E 987.46' L8 S22' 42' 50"E 972.76' L9 S23' 29' 45"E 1008.81' L10 S22' 12' 18"E 940,81' L11 S22' 16' 46"E 654.48' L12 S19' 36' 39"E 386, 32' L"13 S23' 36' 20"E 977.16' L14 S23' 57' 25"E 1104.24' L15 S24' 26' 17"E 1082.21' L16 S23' 50' 11"E 803.61' L17 S22' 36' 27"E 1129.03' L18 S22' 14' 48"E 1010.56' 1-19 S22' 36' 24•"E 787.45' L20 S22' 56' 21 "E 1983. 23' L21 N38' 18' 07"E 26.84' POINT OF TERMINATION DNR MONUMENT OF WEST EASEMENT LINE PL_R-1 4-9-92 V-92 N=1065595.88 NAD 83/90 N=1065574.82 Nf lj V/90� E=916068.51 E-.16UIS1.38 f_21 SKETCH OF LEGAL DESCRIPTION Morgan ;; Eklund Inc. A10""'�""'a"'�"'""'"'"'"'�"""a"'"'� w .vo My r a w� .Yo mwvs x 351 f 7 9 W � " w .ro m is w aaro�ce p-��■pP� LANDWARD LIMITS OF CONSTRUCTION PROPe8810NAL BUAYeT CONSULTANTSwuoosxawemrca. irrrwvr 10 •++ur aur.; � s� +"= 3000' fell rrw 2eAVF]VVE SOUTH ST. LUCIE COUNTY BEACH RESTORATION M1tirE us ""F"`"az�e� StMo �l�%� 388-•S3e4 ODCA F'� a-2 PFiOHE ( 421 -9882 FOR 5T. LUCIE COUNTY EROSION DISTRICT 11V20 FAX: 2) 386-J10.5 FNf: (Y54) 421-M6fs LB 4298 uw ar eennn �r �¢a �anr ov[ rt arw�n LFP Dvr- 2 3 Page 40 of 331 EXHIBIT "A" MEAN HIGH WATER LINE\ LEVATION = 0.51 NAVD 88 \ JANUARY 18, 2012 VN / Ica N 450280400000001 m AND ALL CONDOMINIUM UNIT j OWNERS SEAWINDS CONDOMINIUM N ATLANTIC ` ASSOCIATION, INC. 10044 S OCEAN DR JENSEN BEACH, FL 34957 s� v �fi5 m Gi5 O 7 10 1 N PROPOSED EASEMENT (0.96± A0 rn �m OCEAN LANDWARD LIMITS ` ti OF CONSTRUCTION `r' q 1 DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 395, PAGE 558, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A DEPARTMENT OF NATURAL RESOURCES MONUMENT STAMPED 94 77 A06, HAVING COORDINATES OF NORTHING 1,079,107.89 FEET AND EASTING OF 909,950.79 FEET AS REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST 70NE, NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT (NAD83190), PROCEED ALONG A BEARING OF N 14' 22' 29" W FOR A DISTANCE OF 2,970.72 FEET TO A SET IRON ROD AND CAP STAMPED R98-18 2012, HAVING COORDINATES OF NORTHING 1,081,985.60 FEET AND EASTING 909,213.27 FEET; THENCE S 276 39' 18" E FOR A DISTANCE OF 221.81 FEET TO A POINT; HAVING COORDINATES OF NORTHING 1,081,789.13 FEET AND EASTING OF 909,316.22 FEET, SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED LANDWARD LIMITS OF CONSTRUCTION LINE; THENCE S 23° 01' 00" E FOR A DISTANCE OF 757.60 FEET TO A POINT; THENCE S 21' 45' 01" E FOR A DISTANCE OF 999.30 FEET TO A POINT; THENCE S 22' 40' 46" E FOR A DISTANCE OF 988.27 FEET TO A POINT; THENCE S 20' 27' 48" E FOR A DISTANCE OF 974.64 FEET TO A POINT; THENCE S 20° 39' 36" E FOR A DISTANCE OF 987.46 FEET TO A POINT; THENCE S 22' 42' 50" E FOR A DISTANCE OF 972.76 FEET TO A POINT; THENCE S 23' 29' 45" E FOR A DISTANCE OF 1008.81 FEET TO A POINT; THENCE S 22' 12' 18" E FOR A DISTANCE OF 940.81 FEET TO A POINT; THENCE S 22' 16' 46" E FOR A DISTANCE OF 654.48 FEET TO A POINT; THENCE S 19° 3639" E FOR A DISTANCE OF 386.32 FEET TO A POINT; THENCE S 23' 36' 20" E FOR A DISTANCE OF 977.16 FEET TO A POINT; THENCE S 23' 57' 25" E FOR A DISTANCE OF 1104.24 FEET TO A POINT; THENCE S 24' 26' 17" E FOR A DISTANCE OF 1082.21 FEET TO A POINT; THENCE S 23' 50' 11" F FOR A DISTANCE OF 803.61 FEET TO A POINT; THENCE S 22° 36' 27" E FOR A DISTANCE OF 1129.03 FEET TO A POINT; THENCE S 22' 14' 48" E FOR A DISTANCE OF 1010.56 FEET TO A POINT; THENCE S 22° 36' 24" E FOR A DISTANCE OF 787.45 FEET TO A POINT; THENCE S 22' 56' 21" E FOR A DISTANCE OF 1983.23 FEET TO THE POINT OF TERMINATION, HAVING COORDINATES OF NORTHING 1,065,595.88 FEET AND EASTING OF 916,068.51 FEET, SAID POINT BEING 26.84 FEET DISTANT FROM A DEPARTMENT OF NATURAL RESOURCES MONUMENT PL-R-1 4-9-92 1992 (HAVING COORDINATES OF NORTHING 1,065,574.82 FEET AND EASTING 916,051.88 FEET NAD 83190) ALONG A BEARING OF N 38° 18' 07" E. "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION" NOTES: THIS IS NOT A SURVEY. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS--CF--WAY, OWNERSHIP OR EASEMENTS OF RECORD NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990. PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS PROVIDED 8Y THE ST LUCIE COUNTY GIS DEPARTMENT. LINE DEPICTING LANDWARD OMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY CORPORATION. Morgan & Eklund Inc. i PROPESSIONAL SURVEY CONSULTANTS 3` 1812 NW 2ND AVENUE 4908 US HIGHWAY 01 SUITE 3 VERO BEACH FL 3207 BOCA RATON FL 33432 °m PHONE: (772) 3W-5384 PHONE: ((954� 421-8882 FAX: (772) 3W-3165 FAX: (934) 421-0425 LB 44298 CERTIFICATE OF SURVEYOR — I HEREBY CERTIFY 774AT THE INFORMATION SHOWN HFRFON IS IN ACCORDANCE WITH A RECENT RE7D SURVFY MADE UNDER MY DIREC770N, AND IV) IT 15 TRUC AND CORRECT TO THE BEST OF MY KNOWL`DC,E AND BELIEF, AND METS 774E STANDARDS OF PRA077C£ AS SET FORTH Br THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CH4PTEP SF-17, FLORIDA ADMINSTR4TNE CODE, PURSUANT TO SECTION 472.027, FLOR04 STATUTES. ��W_Dw._�C�, =��.CGIN, P5M PROFESSIONAL SUR:7_YOR AND d:APPFR 6359 STATE OF FLORIDA SIM OF LEGAL. DESCRIPTION SEA VANDS CONIMINIUM ASSOCIATION, INC. SOUTH ST. LUCIE COUNTY BEACH RESTORATION _ FOR ST. LUCIE COUNTY EROSION DISTRICT _ avwv sr crtvan er tais war o� a- a.�r LFP DWC nae Xo andds9av An 36117-9 ME 1" = 200' our 2111121 Ow 3 ar 3 Waiver of Right to Receive Fair Market Value WHEREAS (Owner) desires to donate to St. Lucie County Erosion District, a dependent special district of St. Lucie County, a political subdivision of the State of Florida, a perpetual beach storm damage reduction easement, to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace a public beach dune system, and other erosion control and storm damage reduction measures associated with The St. Lucie County, Florida Coastal Storm Risk Management Project (PROJECT NAME). AND WHEREAS under the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended, any landowner donating lands, easements, rights -of -way, and dredged material disposal areas for construction and subsequent operation and maintenance for Federal or Federally assisted projects is entitled to receive fair market value as compensation for said property. NOW BE IT KNOWN that the landowner hereby acknowledges the fact that he/she/it is aware of the right to receive fair market value for the above -described easement and does hereby forever waive such right to receive fair market value for the easement. This waiver is binding upon said landowners, his/her/its heirs, successors, and assigns. Seawinds Condominium Association, 1c. Witness Signature: Signature: Print Witness Name: Title: _ Witness Signature: Dater t Q' 9,I Print Witness Name: cgs Page 42 of 331 RESOLUTION NO. 2021-118 A RESOLUTION ACCEPTING A PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT ON BEHALF OF ST. LUCIE COUNTY EROSION DISTRICT BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, that: The foregoing Perpetual Beach Storm Damage Reduction Easement from Seawinds Condominium Association, Inc. is duly accepted on behalf of St. Lucie County Erosion District this 4t" day of May, 2021 subject to: • The Erosion District satisfying the U.S. Army Corps of Engineers (USACE) requirement for project land certification, including the acquisition of Perpetual Beach Storm Damage Reduction Easements along the project area, sufficient to initiate construction of the proposed federal beach project. • The Erosion District receiving the pre -determined funding from both the State and Federal Governments necessary to complete initial beach nourishment. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA w Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: w County Attorney Page 43 of 331 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: EROSION DISTRICT BOARD Mosquito Control & Coastal Management Services South County Beach & Dune Restoration Project See attached memorandum. CONSENT (X) PRESENTED BY: Richard A. Bouchard, P.E. Sr. Coastal Engineer 184-9910-599305-800 (Reserves - Erosion District) 184217-3710-531000-36203 (FDEP Grant - pending Board approval) 184217-3710-546340-36203 (FDEP Grant - pending Board approval) 39012-4115-546340-36203 (Maintenance Beach Renourishment - SHE SAD) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of recommendations (1), (2), (3), (4) and (5) as outlined in the attached agenda item. COMMISSION ACTION: { ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA, ICMA-CM County Administrator li� Coordination/Signatures County Attorney (x) OMB Director Daniel S. McIntyre Originating Dept. ( x ) aWes R. David Erosion District i (x) �v� (- Marie Gouin Patty Marston-Duva Melissa Simberfund Desiree Cimino (x) Richard ouchard AGEND378-WGOUNTY Page 44 of 331 Mosquito Control & Coastal Management Services Erosion District MEMORANDUM TO: Erosion District Board THROUGH: James R. David, Mosquito Control & Coastal Management Services Director FROM: Richard A. Bouchard, P.E., Sr. Coastal Engineer DATE: October 2, 2012 SUBJECT: South County Beach & Dune Restoration Project ITEM NO. II -A Background: St. Lucie County has initiated a non-federal project to address the severely deteriorated conditions of the South County shoreline while paralleling the development of a federal shore protection project to provide for future re -nourishment of the beaches in the project area. A benefit based funding plan was developed for this one-time local beach and dune project that includes three funding sources; State funding at 43%, Erosion District Zone E reserve funding at 23% and Special Assessment District (SAD) funding at 34%. After numerous meetings, workshops and public bearings the Board approved the assessment role and levied assessments against each parcel within the SAD on September 4, 2012. The following are all companion items that require formal Board action in order for this project to proceed: FDEP Grant Agreement 13SL1 and Budget Resolution 12-010: The Florida Beach Erosion Control Program (FBECP) is a Long -Range Budget Plan administered through the Florida Department of Environmental Protection (FDEP) to assist eligible local governments with their beach erosion control projects. A large portion of the efforts to date on the South County Beach Restoration project has been funded through this program, more specifically through FDEP Project Agreement 11 SL1. This new grant agreement will include additional state funding of $4,609,495 and a maximum local match of $5,989,482. A small portion of these grant funds are intended for reimbursement of recent pre -construction and permitting activities associated with this project which were performed utilizing Erosion District funds. The remaining state grant funds will be used in conjunction with SAD and Erosion District funds to promote construction and monitoring activities as outlined below. Budget Resolution 12-010 establishing the grant funding is also attached. Recommendation (9): Board approval of the draft FDEP Project Agreement 13SL1 and Budget Resolution No. 12-010 and authorization for the Chairman to sign documents as approved by the County Attorney. Page 45 of 331 ITEM NO. (ID # 4965) Mr DATE: 01/23/2018 COUNTY ' R 1. D AGENDA REQUEST *CONSENT AGENDA TO: Erosion District PRESENTED BY: Richard Bouchard, Senior Coastal Engineer SUBMITTED BY: Erosion District SUBJECT: South County Beach and Dune Restoration Project (Permit Extensions) BACKGROUND: At the request of beachfront property owners St. Lucie County completed a non-federal project to address the severely deteriorated conditions of the South County shoreline. Concurrently, the development of a federal shore protection project is underway to provide for future re -nourishment of the beaches in the project area. The one-time local project encompassed approximately 3.3 miles of Atlantic Ocean coastline, from Martin County north to Normandy Beach Park and was completed in May 2013. Substantial effort and resources went into securing state and federal permits this project. Prior to allowing these 5-year permits to lapse, staff contacted the regulatory agencies to initiate 10-year extensions. Maintaining these permits will most likely be very beneficial in the future with the proposed federalization or potential FEMA claims. It would also be very costly and time consuming to reactivate these permits once they expire. Staff recommends extending these permits an additional 10-years. 23:W191111re[41L91i•F October 2, 2012 - Board approval of the South County Beach and Dune Restoration Project. FINANCIAL IMPACT: There is no financial impact associated with this action. RECOMMENDATION: Staff recommends that the Erosion District Board ratify and approve the extension of federal and state permits for the South County Beach and Dune Restoration Project. COMMISSION ACTION: Page 46 of 331 RESULT: MOVER: SECONDER: ADOPTED BY CONSENT VOTE [UNANIMOUS] Cathy Townsend, District No. 5 Linda Bartz, District No. 3 Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend Coordination/Signatures anie s. McIntyre, C my ttorney 1/8/2018 Updated: 1/5/2018 2:50 PM by Richard Bouchard Page 2 Page 47 of 331 r Luc a- AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Barbara Guettler, MSBU Coordinator SUBMITTED BY: Public Works 9.B.1. RES-2019-286 PUBLIC HEARINGS -PUBLIC WORKS DATE: 12/17/2019 *RESOLUTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? NO SUBJECT: South Hutchinson Island MSTU Option "A", SHI Beach Erosion Control MSTU BACKGROUND: The County is currently investigating the feasibility of several options to partially fund the cost of providing ongoing beach and dune restoration improvements associated with a Federal beach project (from Normandy Beach south, approximately 3.4 miles, to the Martin County line). The following options are those relating to the creation of Municipal Services Taxing Units ("MSTUs"). On South Hutchinson Island, from Normandy Beach to the Martin County line, there are approximately 2848 taxable parcels east of A1A and 3430 taxable parcels west of A1A. Per Section 40-59 of the St. Lucie County Code of Ordinances, in order to preserve the County's option to levy ad valorem taxes in the MSTUs starting in 2020, the County must hold advertised public hearings and create the MSTUs prior to January 1, 2020. The creation of the MSTUs does not in any way obligate the County to levy ad valorem taxes; rather, it simply preserves the County's option to do so, if it is found to be the most feasible funding option. The determination as to how much ad valorem revenue to be raised in the MSTUs, if any, and the corresponding millage rate for each MSTU would be determined by the Board during its budget deliberations next year. Option "A" would be to create one MSTU to levy ad valorem taxes on all of the parcels on South Hutchinson Island from Normandy Beach to the Martin County line. If this option is chosen, all of the parcels within the MSTU (both east and west of A1A) would share the same millage rate to fund future beach and dune restoration projects within the MSTU boundary. This option was suggested by the Presidents Council. Option "B" would be to create an MSTU to levy ad valorem taxes on all of the parcels east of A1A from Normandy Beach to the Martin County line. This option would encompass all taxable parcels with beach frontage. Page 48 of 331 Option "C" would be to create an MSTU to levy ad valorem taxes on all of the parcels west of A1A from Normandy Beach to the Martin County line. In order to allow the Board the greatest flexibility to set and adjust separate millage rates for parcels east and west of A1A, Staff recommends a combination of Option "B" and Option "C". Creating two separate MSTUs (SHI East and SHI West) would allow Staff and the Board to research and determine a fair and equitable millage rate for each side of A1A based on the level of benefit the parcels would receive from the improvements. This would not restrict the Board from levying the same millage rate for both MSTUs if doing so is determined to be the most reasonable option. County agenda software does not allow multiple resolutions to be attached to one agenda item; therefore, each MSTU option will be considered during separate public hearings. This is the public hearing for Option "A", SHI Beach Erosion Control MSTU. PREVIOUS ACTION: November 19, 2019 - Board granted permission to advertise these public hearings. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board's disapproval of the attached resolution, SHI Beach Erosion Control MSTU. COMMISSION ACTION: RESULT: Adopt MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: December 03, 2019 Don West, Public Works Director Page 49 of 331 Date: December 03, 2019 Daniel McIntyre, County Attorney Date: December 03, 2019 Mark Satterlee, Deputy County Administrator Page 50 of 331 5.A.1. 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50618 DATE: 11/10/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - USACE Project Partnership Agreement (PPA) - ADD ON BACKGROUND: In November 2002 , the U.S. Army Corps of Engineers (USACE) completed a "Section 905(b) analysis for a "St. Lucie County ,Florida — Hurricane and Storm Damage Reduction Study" including the Study Area - from just south of Blind Creek (R-77) to the Martin County Line (R-115). This reconnaissance report recommended that the "study proceed into the feasibility phase", which was eventually initiated in 2004. Shortly afterwards, the USACE re-scoped the Federal project (reducing the proposed project area) and approved it as part of their 3x3x3 Plan; eventually receiving federal funding to move the study forward. While in the feasibility phase, storm events (including Hurricane Sandy) impacted South County Beaches. The storm damages experienced after these events warranted quick/specific action. St. Lucie County, with support from the State of Florida and local stakeholders, initiated construction of a one-time, non-federal beach restoration project in April 2013 while federal efforts continued. The project consisted of the nourishment of 3.4 miles of FDEP designated "critically eroded" Atlantic shoreline from FDEP monument R-98 (Normandy Beach) to the Martin County line (R-115). The project included placement of approximately 635,164 cubic yards of beach compatible sand from St. Lucie Shoal and was partially funded through a Special Assessment District (SAD) created for the project. A nearshore limestone boulder mitigation reef was also completed to offset project related hard -bottom impacts. Eventually, the South St. Lucie County, Florida Storm Risk Management Project Feasibility Study was completed and approved; receiving a signed Chief's Report (December 15, 2017) and federal Congressional authorization (2018 WRDA Bill). In addition, Erosion District Staff diligently pursued and secured approximately $6.4 million in state grant funds from the Florida Department of Environmental Protection (FDEP) for the initial federal beach project (FDEP Grant 19SL4 and 20SL3) and unilaterally increased the level of federal participation by 7% by creating additional public beach access at County owned beach parks. To help fund future construction efforts associated with this project, the St. Lucie County BOCC drafted and subsequently approved the South Hutchinson Island Municipal Service Taxing Unit (MSTU). Page 51 of 331 Since 2013, persistent beach erosion has continued to impact this stretch of coastline, and the previously executed project is now quickly approaching its design life expectancy (10 years). In addition, this beach area has received significant damages from Hurricane Matthew (2016), Hurricane Irma (2017), Hurricane Dorian (2019), and Hurricane Isaias (2020). The increased frequency of storm events along our coast naturally promotes the need for a long-term beach management plan/strategy. The attached Project Partnership Agreement (PPA) includes such a plan, and it is seen as the best option for the long-term stability of the southern Atlantic shoreline of St. Lucie County. Future federal participation not only assists in partially funding future beach nourishment efforts but also enhances the County's ranking in future state Beach Management Funding Assistance requests, which includes ranking metrics contingent on the level of federal participation. Execution of the attached Project Partnership Agreement (PPA) is required for the USACE to officially initiate efforts associated with the proposed federal beach project. The attached agreement includes provisions that allow permit required physical and biological monitoring to be eligible for future work in -kind credit. Non - Federal funding for the initial beach project is required prior to July 2021. Absent of federal participation, the County/local residents would be responsible for funding, initiating, and managing all future beach nourishment effort along this stretch of beach. PREVIOUS ACTION: 1999 - St. Lucie County's Erosion District initiates process to seek federal support and management of St. Lucie County's southern beaches at the direct request of South Hutchinson Island residents. 2004 - Erosion District and the U.S. Army Corps of Engineers (USACE) sign feasibility cost sharing agreement as first major step towards beach federalization. Major coastal storm impacts from Hurricanes Frances and Jeanne. 2005-2007 - Emergency dune restoration takes place with Florida Department of Environmental Protection (FDEP) and Federal Emergency Management Agency (FEMA) funding. 2013 - South County Beach impacts from Hurricane Sandy. Erosion District coordinates a one-time emergency beach nourishment project in response to beachfront residents' requests. Beach and dune restoration completed for approximately 3.4 miles of shoreline from the Martin County line north to Normandy Beach Park. 2017-2018 — Feasibility report completed and Congress authorizes the St. Lucie County, Florida Storm Risk Management Project in the 2018 Water Resources Development Act (WRDA); including a fifty (50) year project life. Federal Share of construction funded in Bipartisan Act of 2018 (PL 115-123). March 2019 — St. Lucie County successfully petitioned and receives a construction timeline extension; initial beach project construction re -scheduled for winter 2021/spring 2022. December 2019 — Public Hearing advertised and subsequent Board approval of Resolution 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Page 52 of 331 Services Taxing Unit (MSTU). September 2020 - County approves the South Hutchinson Island MSTU during final FY-20/21 budget meeting. FINANCIAL IMPACT: As of the effective date of this Agreement, total construction costs are projected (by the USACE) to be $114,794,000 over the proposed fifty (50) year project life. This includes one (1) initial beach nourishment event and two (2) follow-up re -nourishment events. The non-federal/local share of the fifty (50) year project duration is estimated at $81,968,000, with a $32,826,000 federal contribution. The total cost of the initial nourishment event (scheduled for Fy-2022/2023) is estimated at $22,894,000, consisting of an $8,013,000 federal (35%) and $14,881,000 (65%) non-federal/local cost share arrangement. RECOMMENDATION: Staff recommends Board approval of the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement (and associated documents) and authorization for the Chair to sign those documents as approved by the County Attorney. COMMISSION ACTION: RESULT: Approve MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: November 04, 2020 Glenn Henderson, Mosquito Control Director Date: November 04, 2020 Jennifer Garrity, Management Analyst Date: November 04, 2020 Jennifer Hill, Office of Management & Budget Director Page 53 of 331 Date: November 04, 2020 Daniel McIntyre, County Attorney Date: November 04, 2020 Alphonso Jefferson, Deputy County Administrator Page 54 of 331 T Op 0 Gy'Tf STATES O4 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 701 SAN MARCO BOULEVARD JACKSONVILLE, FLORIDA 32207-8175 Mr. Howard Tipton County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Sent via email to tiptonh@stlucieco.org Dear Mr. Tipton: December 9, 2020 As provided by the terms of the Project Partnership Agreement (PPA) between the Department of the Army and St. Lucie County, Florida dated December 2, 2020 (Enclosure 1), St. Lucie County, Florida agrees to provide the real property interests required for the St. Lucie County, Florida Coastal Storm Risk Management Project (Project). This letter serves as the Government's notice for the County to proceed with the acquisition of these property interests and to provide the Government with authorization for entry through a Certification of Lands. The real property interests required are located on Hutchinson Island in St. Lucie County, Florida, as shown in the enclosed maps (Enclosure 2) and identified in the enclosed Florida Department of Environmental Protection (FDEP) Permit No. 0154626- 001-JC (Enclosure 3), and are further described below: a. Perpetual beach storm damage reduction easements for the authorized project area identified in purple in Enclosure 2 that is landward of the erosion control line (ECL). b. Temporary work area easement for a minimum of 24 months for the staging areas identified in blue in Enclosure 2. c. Temporary work area easement for a minimum of 24 months for the access areas identified in pink in Enclosure 2. d. Sovereign submerged authorization from the State of Florida for the authorized project area identified in Enclosure 3, as amended, that is located seaward of the ECL. Enclosed are templates for the Certification of Lands (Enclosure 4), Attorney's Certificate of Authority (Enclosure 5), and the required language for the perpetual beach storm damage reduction easements (Enclosure 6) and the temporary work area easements (Enclosure 7). Please provide the land certification and all supporting Page 55 of 331 2 documentation by June 28, 2021 via mail to the Corps of Engineers, Jacksonville District, 701 San Marco Boulevard, Jacksonville, Florida 32207-8175. If you have any questions or require additional information, please contact Christopher Bukolt, email: Christopher.d.bukolt@usace.army. mi1, or by telephone: 904- 232-3401. Sincerely, MCQUILLEN.TI Digitally signed by MCQUILLEN.TIMOTHY.HAR MOTHY.HART.1 T.1050583305 Date: 2020.12.09 15:26:08 050583305 05,00, Timothy H. McQuillen Chief, Real Estate Division Enclosures Page 56 of 331 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50865 DATE: 12/15/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project — USACE Permitting Authorization BACKGROUND: At the request of beachfront property owners, St. Lucie County completed a non-federal beach project in 2013 to address beach erosion along the southern coastline of St. Lucie County (3.4 miles). Meanwhile, the County continued to pursue a federal shore protection project along the same shoreline. In 2018 a feasibility study for the federal project was approved by Congress. Concurrently, federal funding for initial construction was provided in the Bipartisan Act of 2018. After successfully petitioning for and receiving a construction timeline extension in early 2019, St. Lucie County's BOCC approved the South Hutchinson Island Municipal Services Taxing Unit (MSTU) in September 2020 to help fund the non-federal/non-state share of proposed construction. Subsequently, the BOCC approved the Project Partnership Agreement (PPA) with the U.S. Army Corps of Engineers (USACE) for the 50 year federal project on November 10, 2020. In preparation for initial construction (proposed winter 2021/spring 2022) staff is actively pursuing perpetual construction easements required for project bidding (July 2021). After preliminary discussions with both the USACE and the Florida Department of Environmental Protection (FDEP), and considering the similarities between the proposed federal and 2013 projects, it was determined that a minor permit modification to the County's existing state permit was the preferred permitting path for all parties. As a co -applicant, the USACE can avoid duplicative submissions and reviews already performed during the 2013 project, resulting in efficiency and cost savings. To do this, the County would need to request that the USACE be added as a co - applicant to existing permit No. 0154626-001-JC. As a co -applicant, the USACE will proposed modifications to the original design and help negotiate permit requirements consistent with the federal authorization, eventually attaining state permitting approval for initial construction. As co -applicants, County staff and our hired professional consultants will actively coordinate with USACE staff in all future modification requests to the state. PREVIOUS ACTION: Page 57 of 331 October 2, 2012 — Board approval of the 2013 South County Beach and Dune Restoration Project. January 23, 2018 — Board action to ratify and approve the extension of both federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project (Item No. 4965); permits extended through 2028. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the USACE as a co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to developed plans and attain state permits consistent with the project's congressional authorization; including approval for the Chair to sign documents associated with minor permit modification(s), as requested by the USACE and approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: December 01, 2020 Glenn Henderson, Mosquito Control Director Date: December 01, 2020 Don West, Public Works Director Date: December 02, 2020 Daniel McIntyre, County Attorney Page 58 of 331 Date: December 02, 2020 Mark Satterlee, Deputy County Administrator Page 59 of 331 3.A.3. 2021-51467 DATE: 5/4/2021 AGENDA REQUEST TO: Erosion District PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Beach Club Property Owners' Association, Inc. - Parcel No. 13 - Parcel ID 4511-521-0001-000-8 and Parcel ID 4511-521-0001-000-1 BACKGROUND: In 2013, St. Lucie County partially restored South County beaches while a federal shore protection project was under development by the U.S. Army Corps of Engineers (USACE). About 3.4 miles of beach from Normandy Beach Park to the Martin County line were nourished via placement of about 635,000 cubic yards of sand on the beach and 280,000 plants on the restored dune crest. As part of preparations for the 2013 project, in 2012, the County obtained Temporary Easements from each property owner in the project area. These Temporary Easements authorized a limited use of the seaward portion of each property by the County to construct, repair, nourish, rehabilitate and replace a beach and dune over the limits of construction ... from the landward toe of the dune to the mean high water line; these project specific Temporary Easements expired on March 1, 2016. The USACE is the agency designated by Congress to protect the nation's shores from the chronic effects of erosion and coastal flooding. After completion of studies by the USACE-Jacksonville District, the U.S. Congress authorized a 50-year federal cost -shared beach project through America's Water Infrastructure Act of 2018. The USACE is expected to place sand on the project beaches to help reduce the threat of coastal storm damage and avoid the high costs of coastal storm damage as part of the Congressionally -authorized project in coordination with St. Lucie County. To effectuate the federal project, the County must obtain Easements for construction and maintenance of the federal project - comparable to the Easements obtain for the 2013 project, but with a longer duration to cover all future USACE and County efforts to construct and maintain the federal project. USACE regulations relative to Real Estate Acquisition (ER 405-1-11) include provisions for Perpetual Construction Easements so as to avoid property rights interference with operation of the project by the USACE and County. As required by Florida Statutes (161.191), an Erosion Control Line (ECL) was established by the County prior to construction of the 2013 project; the ECL effectively corresponded to the mean high water boundary between Page 60 of 331 state sovereign lands and the adjacent upland property. All lands seaward of the ECL remain vested to the state by right of its sovereignty; the lands landward of the ECL remain vested to the upland owner. Perpetual Construction Easements are required for sand placement for areas landward of the ECL. Attached for your review and acceptance is a Perpetual Beach Storm Damage Reduction Easement from Beach Club Property Owners' Association, Inc. PREVIOUS ACTION: October 2, 2012 - Board approved the 2013 South County Beach and Dune Restoration Project. January 23, 2018 - Board action to ratify and approve the extension of federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project; permits extended through 2028. December 17, 2019 - Public Hearing advertised and subsequent Board approval of Resolution No. 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Services Taxing Unit (MSTU). September 2020 - Board approved the South Hutchinson Island MSTU during final FY-20/21 budget meeting. November 10, 2020 - Board approved the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement. December 9, 2020 - St. Lucie County receives a USACE official Project Land's Request, including a specific request for Perpetual Construction Easements along the proposed federal beach project area. December 15, 2020 - Board approved the U.S. Army Corps of Engineers (USACE) as co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to develop plans and attain state permits consistent with the project's congressional authorization. FINANCIAL IMPACT: N/A - Easement being donated. RECOMMENDATION: Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None Page 61 of 331 NAYS: None EXCUSED: None Coordination/Signatures Date: April 20, 2021 Katrina Slay, Agenda Coordinator Date: April 20, 2021 Daniel McIntyre, County Attorney Date: April 21, 2021 Joshua Revord, Senior Coastal Engineer Date: April 28, 2021 Don West, Public Works Director Date: April 27, 2021 Mark Satterlee, Deputy County Administrator Page 62 of 331 2020 South Hutchinson Island Coastal Storm Risk Management Project N W+E S 0.25 0.5 1 Miles Map created April 30, 2020 Gllo�ge0 St. Lucie County, Florida Coastal Storm Risk Management Project PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT THIS EASEMENT, made this 2 W S day of E 6 , 217 r , between Beach Club Property Owners' Association, Inc., whose address is 9002 San Marco Ct, Orlando, FL 32819, hereinafter referred to as the "Grantor", and St. Lucie County Erosion District, whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter referred to as the "Grantee". (Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: WHEREAS, GRANTOR owns beachfront property described in Exhibit "A", incorporated by reference and made a part hereof; and WHEREAS, GRANTEE and the Department of the Army have entered into a Project Partnership Agreement for the St. Lucie County, Florida Coastal Storm Risk Management Project (the "Project") whereby GRANTEE has agreed to be the Local Sponsor for the Project, which provides for beach and dune nourishment within the South Hutchinson Island reach; and WHEREAS, as Local Sponsor for the Project, GRANTEE is required to obtain "perpetual beach storm damage reduction" easements from owners of property in the South Hutchinson Island reach, such as GRANTOR; and WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage to GRANTOR's property and restore the adjacent beach and dune. NOW THEREFORE, in consideration of the mutual benefits to be derived from the permitted uses described below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties to this easement agree to the following: GRANTOR does hereby bargain, convey, and grant 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 GRANTEE, its representatives, agents, contractors, and assigns to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace; a public beach a 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 and access; to plant vegetation on said dunes and berms; to erect, maintain and remove silt screens and sand fences; to facilitate preservation of dunes and vegetation through the limitation of access to dune areas; to trim, cut, fell, and remove from said land all trees, underbrush, debris, obstructions, and any other vegetation, structures and obstacles within the limits of the easement; reserving, however, to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns, the right to construct dune overwalk structures in accordance with any applicable Federal, State, or local laws or regulations, provided that such structures shall not violate the integrity of the dune in shape, dimension or function, and that prior approval of the plans and specifications for such structures is obtained from the designated representative of the Project Sponsor and provided further that such structures are subordinate to the construction, operation, maintenance, repair, rehabilitation and replacement of the project; and further reserving to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns all such rights and privileges as may be used and enjoyed without interfering with or abridging the rights and easements hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. GRANTOR and GRANTEE shall each be responsible for their own acts of negligence when acting within the scope of this Easement and shall only be liable for any damages resulting from their own negligence, Nothing herein is intended to be a waiver of sovereign immunity or of any applicable statutory limitations of liability, including, but not limited to, Section 768.28, Florida Statutes, by GRANTEE (or GRANTOR if applicable). Nothing herein shall be construed as consent by GRANTOR or GRANTEE to be stied by third parties in any manner arising out of this Easement. This Easement shall become effective upon proper execution by GRANTOR Page 64 of 331 The covenants, rights, privileges, restrictions, and reservations set forth herein shall run with the land. The terms and conditions of this Easement shall be deemed severable. Consequently, if any term or condition in this Easement shall be held illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and not withstanding any such determination, this Easement shall continue in full force and effect unless the particular term or condition held illegal or void renders the balance of the Easement impossible to perform. IN WITNESS WHEREOF, GRANTOR has set hereto its hand and seal on the day and year above written. Signed, sealed and delivered in the presence of: W itness Signature.I� �+1.C_ `((�.k Print Witness Name ie Witness Signature Print Witness Name U'�% �� 1_17 STATE OF COUNTY OF �ay Beach Club&rper;t�yrne As iation, Inc. Signat Title V�R S, The foregoing instrumpilt, was acknowledged before me by means of )( physical presence or online notarization, thisCa(p"'tay of rt,'c , 202 t , by 1, BP ( 3 0 .--\ , of Beach Club Property Owners' Association, Inc., on behalf of the corporation. He/She is personally known to me or has produced,WJ as identification. [NOTARY SEAL] ,n SUSAN CHRISTINE HEWITT £ Notary Public -Minnesota I' �.J My Commission Expires Jan. 31, 2024 N� C-0eA"u, . Notary Public My Commission expires: Page 65 of 331 EXHIBIT "A" + + `� MEAN HIGH WATERLINE ELEVATION = 0,51 NAVD 8B JANUARY 18, 2012 R-109 1 LANDWARD OF CONS + CONSTRUCTION + 4 R-110 ,- CTION 2, TOWNSHIP 37S, RANGE 41 E �SE TION 11, TOWNSHIP 37S, RANGE 41F y , o� d, �1 R-111 .1 + 1 + R-112 LEGEND P.O.B. = POINT OF BEGINNING NAD = NORTH AMERICAN DATUM NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 R-102 = FDEP RANGE MONUMENT (TYP) — - - - - — MEAN HIGH WATER LINE AND EROSION CONTROL LINE AS LOCATED JANUARY 18, 2012 -- - - - - - - - - - PROPOSED LANDWARD LIMITS OF CONSTRUCTION AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION PROPOSED EASEMENT AREA Morgan & Eklund Inc. PROFESSIONAL SURVEY CONSULTANTS Ml?LE 4809 US HIGHWAY 1 1612 NSUITE W 2ND3AVENUE VERO BEACH, FL 32967 DOCA RATONtt FL 33432 PHONE: ((772) 388-5364 PHONE ((954J 421—W82 FAX: (772) 388--3165 LS #4298 FAX: (954) 421--0425 1 2 11 12 (DIU) O.0 m I m I 1" 600 FEET IYN"mysifiI, OCEAN PROPOSED EASEMENT (SEE DETAIL SHEET 3) I i R-1;3 + SKETCH OF LEGAL DES VTION BEACH CLUB PROPERTY OWNERS' ASSOCIATION, INC. SOUTH ST. LUCIE COUNTY BEACH RESTORATION FOR ST. LUCIE COUNTY EROSION DISTRICT R%W or amsn sr sEtn soar rw cr nae�r LFP DWCEx COAAWS v as 35117-9 1"=600' WE 11130120 SNE17 1 or 3 1e O EXHIBIT "A" SIRC R98 -18 2012 NAD 83/90 N-1081985.60 E=909213.27 I POINT OF BEGINNING OF WEST EASEMENT LINE NAD 83/90 N=1081789.13 E=909316 22 27 L2 34 J `cp 35 DNR MONUMENT 94-77-A0 NAD 83/90 N=1079107.8 r� E=909950.7 ATLANTIC CID TOWNSHIP.36S, RANGE 4 E OCEAN TOWNSHIP 37S, RANGE 41 E _ �j 3 2 ., L12 n om <' 12 L+DWARD LIMITS OF ONSTRUC PION 10 11 D ST, LUCIE COUNTY J'd I, MARTIN COUNTY DNR MONUMENT PL-R-1 4-9-92 1992 1\1�1065574.82 NALI 83/90 L=916051.88 L21J Morgan & Eklund Inc. PROPE8810NAL SURVEY CONSULTANTS M� 49M US FRG1MY 1 ��zE` ,AFL � R101Z d8&-5344 FA, : ) 38ByS166 1012 WN 2ND AYDAIE SUITE 3 BOG1 RA FL SM2 R10NE: {?5/ 421-sm FAX: {Y54) 421.001 LB 1 42M Line Table Line # Direction Length L1 N14' 22' 29"W 2970.72' L2 S27' 39' 18"E 221,81' L3 S23' 01' 00"E 757.60' L4 S21' 45' 01 "E 999.30' L5 S22' 40' 46"E 988.27' L6 S20' 27' 48"E 974.64' L7 S20' 39' 36"E 987.46' L8 S22' 42' 50"E 972, 76' L9 S23' 29' 45"E 1008, 81' L10 S22' 12' 18"E 940.81' L11 S22' 16' 46"E 654.48' L12 S19' 36' 39"E 386.32' L13 S23' 36' 20"E 977.16' L14 S23' 57' 25"E 1104.24' L15 S24' 26' 17"E 1082.21' L15 S23' 50' 11 "E 803.61' L17 S22' 36' 27"E 1129,03' L18 S22' 14' 48"E 1010.56' L19 S22' 36' 24"E 787.45' L20 S22' 56' 21 "E 1983.23' L21 N38' 18' 07"E 26.84' POINT OF TERMINATION OF WEST EASEMENT LINE N=1065595.88 NAD 83190 E=916068.51 ZAtIU l Ur LLUAL 1JLbk; IF'IIUv m 35 ° LANDWARD LIMITS OF CONSTRUCTON Zt� SOUTH ST. LUCIE COUNTY BEACH RESTORATION FOR ST. LUCIE COUNTY EROSION DISTRICT „'6120 pav x aom sr rte � oor or owrr LFP ❑N,C F1i Aq wm Z w � Page 67 of 331 12 EXHIBIT "A" �"'0 EAN HIGH WATER LINE LEVATION = 0.51 NAVD 88 �. JANUARY 18, 2012 , 451152100000001 & 451152100010008 AND ALL CONDOMINIUM UNIT OWNERS ATLANTIC 10740 S OCEAN DR BEACH CLUB PROPERTY OWNER'S PO BOX 22197 AKE BUENA VISTA, FL ASSOC., INC. 32830-2197 ; N y PROPOSED, �� i�� ;o, , EASEMENT (0.55± Ac.) , OCEAN N o O` 0 Q LANDWARD LIMITS �. OF CONSTRUCTION , p DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 649. PAGE 2213 AND BOOK 883, PAGE 2636 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A DEPARTMENT OF NATURAL RESOURCES MONUMENT STAMPED 94 77 A06, HAVING COORDINATES OF NORTHING 1,079,107.89 FEET AND FASTING OF 909,950.79 FEET AS REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT (NAD83190), PROCEED ALONG A BEARING OF N 14° 22' 29" W FOR A DISTANCE OF 2,970.72 FEET TO A SET IRON ROD AND CAP STAMPED R98-18 2012. HAVING COORDINATES OF NORTHING 1,081,985.60 FEET AND FASTING 909,213.27 FEET; THENCE S 27° 39' 18" E FOR A DISTANCE OF 221.81 FEET TO A POINT; HAVING COORDINATES OF NORTHING 1,081,789.13 FEET AND EASTING OF 909,316.22 FEET, SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED LANDWARD LIMITS OF CONSTRUCTION LINE; THENCE S 23° 01' 00" E FOR A DISTANCE OF 757.60 FEET TO A POINT; THENCE S 21 ° 45' 01" E FOR A DISTANCE OF 999.30 FEET TO A POINT; THENCE S 22° 40' 46" E FOR A DISTANCE OF 988.27 FEET TO A POINT; THENCE S 20' 27' 48" E FOR A DISTANCE OF 974.64 FEET TO A POINT; THENCE S 20' 39' 36" F FOR A DISTANCE OF 987.46 FEET TO A POINT; THENCE S 22' 42' 50" E FOR A DISTANCE OF 972.76 FEET TO A POINT; THENCE S 23' 29' 45" E FOR A DISTANCE OF 1008.81 FEET TO A POINT; THENCE S 22' 12' 18" E FOR A DISTANCE OF 940.81 FEET TO A POINT; THENCE S 22' 16' 46" E FOR A DISTANCE OF 654.48 FEET TO A POINT; THENCE S 19° 36' 39" E FOR A DISTANCE OF 386.32 FEET TO A POINT; THENCE S 23' 36' 20" F FOR A DISTANCE OF 977,16 FEET TO A POINT; THENCE S 23' 57' 25" E FOR A DISTANCE OF 1104.24 FEET TO A POINT; THENCE S 24' 26' 17" E FOR A DISTANCE OF 1082.21 FEET TO A POINT; THENCE S 23' 50' 11" E FOR A DISTANCE OF 803.61 FEET TO A POINT; THENCE S 22' 36' 27" E FOR A DISTANCE OF 1129.03 FEET TO A POINT; THENCE S 22' 14' 48" E FOR A DISTANCE OF 1010.56 FEET TO A POINT; THENCE S 22' 36' 24" E FOR A DISTANCE OF 787.45 FEET TO A POINT; THENCE S 22' 56' 21" E FOR A DISTANCE OF 1983.23 FEET TO THE POINT OF TERMINATION, HAVING COORDINATES OF NORTHING 1,065,595.88 FEET AND EASTING OF 916,068.51 FEET, SAID POINT BEING 26,84 FEET DISTANT FROM A DEPARTMENT OF NATURAL RESOURCES MONUMENT PL-R-1 4-9-92 1992 (HAVING COORDINATES OF NORTHING 1,065,574.82 FEET AND EASTING 916,051.88 FEET NAD 83190) ALONG A BEARING OF N 38° 18' 07" E, "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION" NOTES: THIS IS NOT A SURVEY LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, OWNERSHIP OR CERTIFICA7E OF SURVEYOR - I HEREBY CERTIFY THAT THE INFORM477ON EASEMENTS OF RECORD SHOWN N£RC014 1S IN ACCORDANCE W11H A RECENT FIELD SURVEY MADE UNDER MY DIRECAON, AND 7HAF IT IS TRUE AND CORRECT TO NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA THE BEST OF MY KNOWLEDGE AND BEUEf, AND MfM THE STANDARDS LICENSED SURVEYOR AND MAPPER OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. PURSUANT TO SE077ON 422.027, FLORIDA STATUTES. BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990. PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS PROVIDED BY THE ST LUCiE COUNTY CIS DEPARTMENT. D44D W. COGGIN, PSM LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY PROFESSIONAL SURVEYOR AND MAPPER # 6359 CORPORATION. STATE OF FLORIDA Morgan & Eklund Inc. PROFESSIONAL SURVEY CONSULTANTS !f 1612 NW 2ND AVENUE MBzE 4909 US HIGHWAY /1 SUf1E 3 VERO BEACH FL 32987 BOLA RATON FL 33432 PHONE: (772) 388-5364 PHONE: (9545 421-8882 FAX: (772) 388-3185 LB %4298 FAX: (954) 421-0425 �y SITCH OFLEGAL DESIIMION mw s 35117-9 BEACH CLUB PROPERTY OYV 05 ASSOCIATION, INC. SOUTH ST. LUCIE COUNTY BEACH RESTORATION 1" =100' 11r o20 FOR ST. LUCIE COUNTY EROSION DISTRICT DWM 9I LFP F DIE%= 9+ I OWC I — — PAN Na I ORE - AI w _ seer 3 n 3 Waiver of Right to Receive Fair Market Value WHEREAS (Owner) desires to donate to St. Lucie County Erosion District, a dependent special district of St. Lucie County, a political subdivision of the State of Florida, a perpetual beach storm damage reduction easement, to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace a public beach dune system, and other erosion control and storm damage reduction measures associated with The St. Lucie County, Florida Coastal Storm Risk Management Project (PROJECT NAME). AND WHEREAS under the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended, any landowner donating lands, easements, rights -of -way, and dredged material disposal areas for construction and subsequent operation and maintenance for Federal or Federally assisted projects is entitled to receive fair market value as compensation for said property. NOW BE IT KNOWN that the landowner hereby acknowledges the fact that he/she/it is aware of the right to receive fair market value for the above -described easement and does hereby forever waive such right to receive fair market value for the easement. This waiver is binding upon said landowners, his/her/its heirs, successors, and assigns. Beach CldPrortyOwne • 'Association, Inc. Witness Si naturefyr6 k� Signature Print Witness Name:&uxAn G�/ 4o-Q Title: Witness Signature:T Date: ~ 2 G Print Witness Name:zlj1/� Page 69 of 331 RESOLUTION NO. 2021-119 A RESOLUTION ACCEPTING A PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT ON BEHALF OF ST. LUCIE COUNTY EROSION DISTRICT BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, that: The foregoing Perpetual Beach Storm Damage Reduction Easement from Beach Club Property Owners' Association, Inc. is duly accepted on behalf of St. Lucie County Erosion District this 4t" day of May, 2021 subject to: • The Erosion District satisfying the U.S. Army Corps of Engineers (USACE) requirement for project land certification, including the acquisition of Perpetual Beach Storm Damage Reduction Easements along the project area, sufficient to initiate construction of the proposed federal beach project. • The Erosion District receiving the pre -determined funding from both the State and Federal Governments necessary to complete initial beach nourishment. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA W Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: W County Attorney Page 70 of 331 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: EROSION DISTRICT BOARD Mosquito Control & Coastal Management Services South County Beach & Dune Restoration Project See attached memorandum. CONSENT (X) PRESENTED BY: Richard A. Bouchard, P.E. Sr. Coastal Engineer 184-9910-599305-800 (Reserves - Erosion District) 184217-3710-531000-36203 (FDEP Grant - pending Board approval) 184217-3710-546340-36203 (FDEP Grant - pending Board approval) 39012-4115-546340-36203 (Maintenance Beach Renourishment - SHE SAD) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of recommendations (1), (2), (3), (4) and (5) as outlined in the attached agenda item. COMMISSION ACTION: { ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA, ICMA-CM County Administrator li� Coordination/Signatures County Attorney (x) OMB Director Daniel S. McIntyre Originating Dept. ( x ) aWes R. David Erosion District i (x) �v� (- Marie Gouin Patty Marston-Duva Melissa Simberfund Desiree Cimino (x) Richard ouchard AGEND378-WGOUNTY Page 71 of 331 Mosquito Control & Coastal Management Services Erosion District MEMORANDUM TO: Erosion District Board THROUGH: James R. David, Mosquito Control & Coastal Management Services Director FROM: Richard A. Bouchard, P.E., Sr. Coastal Engineer DATE: October 2, 2012 SUBJECT: South County Beach & Dune Restoration Project ITEM NO. II -A Background: St. Lucie County has initiated a non-federal project to address the severely deteriorated conditions of the South County shoreline while paralleling the development of a federal shore protection project to provide for future re -nourishment of the beaches in the project area. A benefit based funding plan was developed for this one-time local beach and dune project that includes three funding sources; State funding at 43%, Erosion District Zone E reserve funding at 23% and Special Assessment District (SAD) funding at 34%. After numerous meetings, workshops and public bearings the Board approved the assessment role and levied assessments against each parcel within the SAD on September 4, 2012. The following are all companion items that require formal Board action in order for this project to proceed: FDEP Grant Agreement 13SL1 and Budget Resolution 12-010: The Florida Beach Erosion Control Program (FBECP) is a Long -Range Budget Plan administered through the Florida Department of Environmental Protection (FDEP) to assist eligible local governments with their beach erosion control projects. A large portion of the efforts to date on the South County Beach Restoration project has been funded through this program, more specifically through FDEP Project Agreement 11 SL1. This new grant agreement will include additional state funding of $4,609,495 and a maximum local match of $5,989,482. A small portion of these grant funds are intended for reimbursement of recent pre -construction and permitting activities associated with this project which were performed utilizing Erosion District funds. The remaining state grant funds will be used in conjunction with SAD and Erosion District funds to promote construction and monitoring activities as outlined below. Budget Resolution 12-010 establishing the grant funding is also attached. Recommendation (9): Board approval of the draft FDEP Project Agreement 13SL1 and Budget Resolution No. 12-010 and authorization for the Chairman to sign documents as approved by the County Attorney. Page 72 of 331 ITEM NO. (ID # 4965) J DATE: 01/23/2018 COUNTY ` R I ID A AGENDA REQUEST *CONSENTAGENDA TO: Erosion District PRESENTED BY: Richard Bouchard, Senior Coastal Engineer SUBMITTED BY: Erosion District SUBJECT: South County Beach and Dune Restoration Project (Permit Extensions) BACKGROUND: At the request of beachfront property owners St. Lucie County completed a non-federal project to address the severely deteriorated conditions of the South County shoreline. Concurrently, the development of a federal shore protection project is underway to provide for future re -nourishment of the beaches in the project area. The one-time local project encompassed approximately 3.3 miles of Atlantic Ocean coastline, from Martin County north to Normandy Beach Park and was completed in May 2013. Substantial effort and resources went into securing state and federal permits this project. Prior to allowing these 5-year permits to lapse, staff contacted the regulatory agencies to initiate 10-year extensions. Maintaining these permits will most likely be very beneficial in the future with the proposed federalization or potential FEMA claims. It would also be very costly and time consuming to reactivate these permits once they expire. Staff recommends extending these permits an additional 10-years. PREVIOUS ACTION: October 2, 2012 - Board approval of the South County Beach and Dune Restoration Project. FINANCIAL IMPACT: There is no financial impact associated with this action. RECOMMENDATION: Staff recommends that the Erosion District Board ratify and approve the extension of federal and state permits for the South County Beach and Dune Restoration Project. COMMISSION ACTION: Page 73 of 331 RESULT: MOVER: SECONDER: ADOPTED BY CONSENT VOTE [UNANIMOUS] Cathy Townsend, District No. 5 Linda Bartz, District No. 3 Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend Coordination/Signatures anie s. McIntyre, C my ttorney 1/8/2018 Updated: 1/5/2018 2:50 PM by Richard Bouchard Page 2 Page 74 of 331 r Luc a- AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Barbara Guettler, MSBU Coordinator SUBMITTED BY: Public Works 9.B.1. RES-2019-286 PUBLIC HEARINGS -PUBLIC WORKS DATE: 12/17/2019 *RESOLUTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? NO SUBJECT: South Hutchinson Island MSTU Option "A", SHI Beach Erosion Control MSTU BACKGROUND: The County is currently investigating the feasibility of several options to partially fund the cost of providing ongoing beach and dune restoration improvements associated with a Federal beach project (from Normandy Beach south, approximately 3.4 miles, to the Martin County line). The following options are those relating to the creation of Municipal Services Taxing Units ("MSTUs"). On South Hutchinson Island, from Normandy Beach to the Martin County line, there are approximately 2848 taxable parcels east of A1A and 3430 taxable parcels west of A1A. Per Section 40-59 of the St. Lucie County Code of Ordinances, in order to preserve the County's option to levy ad valorem taxes in the MSTUs starting in 2020, the County must hold advertised public hearings and create the MSTUs prior to January 1, 2020. The creation of the MSTUs does not in any way obligate the County to levy ad valorem taxes; rather, it simply preserves the County's option to do so, if it is found to be the most feasible funding option. The determination as to how much ad valorem revenue to be raised in the MSTUs, if any, and the corresponding millage rate for each MSTU would be determined by the Board during its budget deliberations next year. Option "A" would be to create one MSTU to levy ad valorem taxes on all of the parcels on South Hutchinson Island from Normandy Beach to the Martin County line. If this option is chosen, all of the parcels within the MSTU (both east and west of A1A) would share the same millage rate to fund future beach and dune restoration projects within the MSTU boundary. This option was suggested by the Presidents Council. Option "B" would be to create an MSTU to levy ad valorem taxes on all of the parcels east of A1A from Normandy Beach to the Martin County line. This option would encompass all taxable parcels with beach frontage. Page 75 of 331 Option "C" would be to create an MSTU to levy ad valorem taxes on all of the parcels west of A1A from Normandy Beach to the Martin County line. In order to allow the Board the greatest flexibility to set and adjust separate millage rates for parcels east and west of A1A, Staff recommends a combination of Option "B" and Option "C". Creating two separate MSTUs (SHI East and SHI West) would allow Staff and the Board to research and determine a fair and equitable millage rate for each side of A1A based on the level of benefit the parcels would receive from the improvements. This would not restrict the Board from levying the same millage rate for both MSTUs if doing so is determined to be the most reasonable option. County agenda software does not allow multiple resolutions to be attached to one agenda item; therefore, each MSTU option will be considered during separate public hearings. This is the public hearing for Option "A", SHI Beach Erosion Control MSTU. PREVIOUS ACTION: November 19, 2019 - Board granted permission to advertise these public hearings. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board's disapproval of the attached resolution, SHI Beach Erosion Control MSTU. COMMISSION ACTION: RESULT: Adopt MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: December 03, 2019 Don West, Public Works Director Page 76 of 331 Date: December 03, 2019 Daniel McIntyre, County Attorney Date: December 03, 2019 Mark Satterlee, Deputy County Administrator Page 77 of 331 5.A.1. 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50618 DATE: 11/10/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - USACE Project Partnership Agreement (PPA) - ADD ON BACKGROUND: In November 2002 , the U.S. Army Corps of Engineers (USACE) completed a "Section 905(b) analysis for a "St. Lucie County ,Florida — Hurricane and Storm Damage Reduction Study" including the Study Area - from just south of Blind Creek (R-77) to the Martin County Line (R-115). This reconnaissance report recommended that the "study proceed into the feasibility phase", which was eventually initiated in 2004. Shortly afterwards, the USACE re-scoped the Federal project (reducing the proposed project area) and approved it as part of their 3x3x3 Plan; eventually receiving federal funding to move the study forward. While in the feasibility phase, storm events (including Hurricane Sandy) impacted South County Beaches. The storm damages experienced after these events warranted quick/specific action. St. Lucie County, with support from the State of Florida and local stakeholders, initiated construction of a one-time, non-federal beach restoration project in April 2013 while federal efforts continued. The project consisted of the nourishment of 3.4 miles of FDEP designated "critically eroded" Atlantic shoreline from FDEP monument R-98 (Normandy Beach) to the Martin County line (R-115). The project included placement of approximately 635,164 cubic yards of beach compatible sand from St. Lucie Shoal and was partially funded through a Special Assessment District (SAD) created for the project. A nearshore limestone boulder mitigation reef was also completed to offset project related hard -bottom impacts. Eventually, the South St. Lucie County, Florida Storm Risk Management Project Feasibility Study was completed and approved; receiving a signed Chief's Report (December 15, 2017) and federal Congressional authorization (2018 WRDA Bill). In addition, Erosion District Staff diligently pursued and secured approximately $6.4 million in state grant funds from the Florida Department of Environmental Protection (FDEP) for the initial federal beach project (FDEP Grant 19SL4 and 20SL3) and unilaterally increased the level of federal participation by 7% by creating additional public beach access at County owned beach parks. To help fund future construction efforts associated with this project, the St. Lucie County BOCC drafted and subsequently approved the South Hutchinson Island Municipal Service Taxing Unit (MSTU). Page 78 of 331 Since 2013, persistent beach erosion has continued to impact this stretch of coastline, and the previously executed project is now quickly approaching its design life expectancy (10 years). In addition, this beach area has received significant damages from Hurricane Matthew (2016), Hurricane Irma (2017), Hurricane Dorian (2019), and Hurricane Isaias (2020). The increased frequency of storm events along our coast naturally promotes the need for a long-term beach management plan/strategy. The attached Project Partnership Agreement (PPA) includes such a plan, and it is seen as the best option for the long-term stability of the southern Atlantic shoreline of St. Lucie County. Future federal participation not only assists in partially funding future beach nourishment efforts but also enhances the County's ranking in future state Beach Management Funding Assistance requests, which includes ranking metrics contingent on the level of federal participation. Execution of the attached Project Partnership Agreement (PPA) is required for the USACE to officially initiate efforts associated with the proposed federal beach project. The attached agreement includes provisions that allow permit required physical and biological monitoring to be eligible for future work in -kind credit. Non - Federal funding for the initial beach project is required prior to July 2021. Absent of federal participation, the County/local residents would be responsible for funding, initiating, and managing all future beach nourishment effort along this stretch of beach. PREVIOUS ACTION: 1999 - St. Lucie County's Erosion District initiates process to seek federal support and management of St. Lucie County's southern beaches at the direct request of South Hutchinson Island residents. 2004 - Erosion District and the U.S. Army Corps of Engineers (USACE) sign feasibility cost sharing agreement as first major step towards beach federalization. Major coastal storm impacts from Hurricanes Frances and Jeanne. 2005-2007 - Emergency dune restoration takes place with Florida Department of Environmental Protection (FDEP) and Federal Emergency Management Agency (FEMA) funding. 2013 - South County Beach impacts from Hurricane Sandy. Erosion District coordinates a one-time emergency beach nourishment project in response to beachfront residents' requests. Beach and dune restoration completed for approximately 3.4 miles of shoreline from the Martin County line north to Normandy Beach Park. 2017-2018 — Feasibility report completed and Congress authorizes the St. Lucie County, Florida Storm Risk Management Project in the 2018 Water Resources Development Act (WRDA); including a fifty (50) year project life. Federal Share of construction funded in Bipartisan Act of 2018 (PL 115-123). March 2019 — St. Lucie County successfully petitioned and receives a construction timeline extension; initial beach project construction re -scheduled for winter 2021/spring 2022. December 2019 — Public Hearing advertised and subsequent Board approval of Resolution 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Page 79 of 331 Services Taxing Unit (MSTU). September 2020 - County approves the South Hutchinson Island MSTU during final FY-20/21 budget meeting. FINANCIAL IMPACT: As of the effective date of this Agreement, total construction costs are projected (by the USACE) to be $114,794,000 over the proposed fifty (50) year project life. This includes one (1) initial beach nourishment event and two (2) follow-up re -nourishment events. The non-federal/local share of the fifty (50) year project duration is estimated at $81,968,000, with a $32,826,000 federal contribution. The total cost of the initial nourishment event (scheduled for Fy-2022/2023) is estimated at $22,894,000, consisting of an $8,013,000 federal (35%) and $14,881,000 (65%) non-federal/local cost share arrangement. RECOMMENDATION: Staff recommends Board approval of the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement (and associated documents) and authorization for the Chair to sign those documents as approved by the County Attorney. COMMISSION ACTION: RESULT: Approve MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: November 04, 2020 Glenn Henderson, Mosquito Control Director Date: November 04, 2020 Jennifer Garrity, Management Analyst Date: November 04, 2020 Jennifer Hill, Office of Management & Budget Director Page 80 of 331 Date: November 04, 2020 Daniel McIntyre, County Attorney Date: November 04, 2020 Alphonso Jefferson, Deputy County Administrator Page 81 of 331 T Op 0 Gy'Tf STATES O4 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 701 SAN MARCO BOULEVARD JACKSONVILLE, FLORIDA 32207-8175 Mr. Howard Tipton County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Sent via email to tiptonh@stlucieco.org Dear Mr. Tipton: December 9, 2020 As provided by the terms of the Project Partnership Agreement (PPA) between the Department of the Army and St. Lucie County, Florida dated December 2, 2020 (Enclosure 1), St. Lucie County, Florida agrees to provide the real property interests required for the St. Lucie County, Florida Coastal Storm Risk Management Project (Project). This letter serves as the Government's notice for the County to proceed with the acquisition of these property interests and to provide the Government with authorization for entry through a Certification of Lands. The real property interests required are located on Hutchinson Island in St. Lucie County, Florida, as shown in the enclosed maps (Enclosure 2) and identified in the enclosed Florida Department of Environmental Protection (FDEP) Permit No. 0154626- 001-JC (Enclosure 3), and are further described below: a. Perpetual beach storm damage reduction easements for the authorized project area identified in purple in Enclosure 2 that is landward of the erosion control line (ECL). b. Temporary work area easement for a minimum of 24 months for the staging areas identified in blue in Enclosure 2. c. Temporary work area easement for a minimum of 24 months for the access areas identified in pink in Enclosure 2. d. Sovereign submerged authorization from the State of Florida for the authorized project area identified in Enclosure 3, as amended, that is located seaward of the ECL. Enclosed are templates for the Certification of Lands (Enclosure 4), Attorney's Certificate of Authority (Enclosure 5), and the required language for the perpetual beach storm damage reduction easements (Enclosure 6) and the temporary work area easements (Enclosure 7). Please provide the land certification and all supporting Page 82 of 331 2 documentation by June 28, 2021 via mail to the Corps of Engineers, Jacksonville District, 701 San Marco Boulevard, Jacksonville, Florida 32207-8175. If you have any questions or require additional information, please contact Christopher Bukolt, email: Christopher.d.bukolt@usace.army. mi1, or by telephone: 904- 232-3401. Sincerely, MCQUILLEN.TI Digitally signed by MCQUILLEN.TIMOTHY.HAR MOTHY.HART.1 T.1050583305 Date: 2020.12.09 15:26:08 050583305 05,00, Timothy H. McQuillen Chief, Real Estate Division Enclosures Page 83 of 331 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50865 DATE: 12/15/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project — USACE Permitting Authorization BACKGROUND: At the request of beachfront property owners, St. Lucie County completed a non-federal beach project in 2013 to address beach erosion along the southern coastline of St. Lucie County (3.4 miles). Meanwhile, the County continued to pursue a federal shore protection project along the same shoreline. In 2018 a feasibility study for the federal project was approved by Congress. Concurrently, federal funding for initial construction was provided in the Bipartisan Act of 2018. After successfully petitioning for and receiving a construction timeline extension in early 2019, St. Lucie County's BOCC approved the South Hutchinson Island Municipal Services Taxing Unit (MSTU) in September 2020 to help fund the non-federal/non-state share of proposed construction. Subsequently, the BOCC approved the Project Partnership Agreement (PPA) with the U.S. Army Corps of Engineers (USACE) for the 50 year federal project on November 10, 2020. In preparation for initial construction (proposed winter 2021/spring 2022) staff is actively pursuing perpetual construction easements required for project bidding (July 2021). After preliminary discussions with both the USACE and the Florida Department of Environmental Protection (FDEP), and considering the similarities between the proposed federal and 2013 projects, it was determined that a minor permit modification to the County's existing state permit was the preferred permitting path for all parties. As a co -applicant, the USACE can avoid duplicative submissions and reviews already performed during the 2013 project, resulting in efficiency and cost savings. To do this, the County would need to request that the USACE be added as a co - applicant to existing permit No. 0154626-001-JC. As a co -applicant, the USACE will proposed modifications to the original design and help negotiate permit requirements consistent with the federal authorization, eventually attaining state permitting approval for initial construction. As co -applicants, County staff and our hired professional consultants will actively coordinate with USACE staff in all future modification requests to the state. PREVIOUS ACTION: Page 84 of 331 October 2, 2012 — Board approval of the 2013 South County Beach and Dune Restoration Project. January 23, 2018 — Board action to ratify and approve the extension of both federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project (Item No. 4965); permits extended through 2028. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the USACE as a co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to developed plans and attain state permits consistent with the project's congressional authorization; including approval for the Chair to sign documents associated with minor permit modification(s), as requested by the USACE and approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: December 01, 2020 Glenn Henderson, Mosquito Control Director Date: December 01, 2020 Don West, Public Works Director Date: December 02, 2020 Daniel McIntyre, County Attorney Page 85 of 331 Date: December 02, 2020 Mark Satterlee, Deputy County Administrator Page 86 of 331 3.A.4. 2021-51468 DATE: 5/4/2021 AGENDA REQUEST TO: Erosion District PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Jencourt LLC - Parcel No. 4 - Parcel ID 4512- 331-0002-020-1 BACKGROUND: In 2013, St. Lucie County partially restored South County beaches while a federal shore protection project was under development by the U.S. Army Corps of Engineers (USACE). About 3.4 miles of beach from Normandy Beach Park to the Martin County line were nourished via placement of about 635,000 cubic yards of sand on the beach and 280,000 plants on the restored dune crest. As part of preparations for the 2013 project, in 2012, the County obtained Temporary Easements from each property owner in the project area. These Temporary Easements authorized a limited use of the seaward portion of each property by the County to construct, repair, nourish, rehabilitate and replace a beach and dune over the limits of construction ... from the landward toe of the dune to the mean high water line; these project specific Temporary Easements expired on March 1, 2016. The USACE is the agency designated by Congress to protect the nation's shores from the chronic effects of erosion and coastal flooding. After completion of studies by the USACE-Jacksonville District, the U.S. Congress authorized a 50-year federal cost -shared beach project through America's Water Infrastructure Act of 2018. The USACE is expected to place sand on the project beaches to help reduce the threat of coastal storm damage and avoid the high costs of coastal storm damage as part of the Congressionally -authorized project in coordination with St. Lucie County. To effectuate the federal project, the County must obtain Easements for construction and maintenance of the federal project - comparable to the Easements obtain for the 2013 project, but with a longer duration to cover all future USACE and County efforts to construct and maintain the federal project. USACE regulations relative to Real Estate Acquisition (ER 405-1-11) include provisions for Perpetual Construction Easements so as to avoid property rights interference with operation of the project by the USACE and County. As required by Florida Statutes (161.191), an Erosion Control Line (ECL) was established by the County prior to construction of the 2013 project; the ECL effectively corresponded to the mean high water boundary between Page 87 of 331 state sovereign lands and the adjacent upland property. All lands seaward of the ECL remain vested to the state by right of its sovereignty; the lands landward of the ECL remain vested to the upland owner. Perpetual Construction Easements are required for sand placement for areas landward of the ECL. Attached for your review and acceptance is a Perpetual Beach Storm Damage Reduction Easement from Jencourt LLC. PREVIOUS ACTION: October 2, 2012 - Board approved the 2013 South County Beach and Dune Restoration Project. January 23, 2018 - Board action to ratify and approve the extension of federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project; permits extended through 2028. December 17, 2019 - Public Hearing advertised and subsequent Board approval of Resolution No. 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Services Taxing Unit (MSTU). September 2020 - Board approved the South Hutchinson Island MSTU during final FY-20/21 budget meeting. November 10, 2020 - Board approved the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement. December 9, 2020 - St. Lucie County receives a USACE official Project Land's Request, including a specific request for Perpetual Construction Easements along the proposed federal beach project area. December 15, 2020 - Board approved the U.S. Army Corps of Engineers (USACE) as co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to develop plans and attain state permits consistent with the project's congressional authorization. FINANCIAL IMPACT: N/A - Easement being donated. RECOMMENDATION: Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None Page 88 of 331 NAYS: None EXCUSED: None Coordination/Signatures Date: April 20, 2021 Katrina Slay, Agenda Coordinator Date: April 20, 2021 Daniel McIntyre, County Attorney Date: April 21, 2021 Joshua Revord, Senior Coastal Engineer Date: April 28, 2021 Don West, Public Works Director Date: April 27, 2021 Mark Satterlee, Deputy County Administrator Page 89 of 331 2020 South Hutchinson Island Coastal Storm Risk Management Project N W+E S 0.25 0.5 1 Miles Map created April 30, 2020 G1 �ge St. Lucie County, Florida Coastal Storm Risk Management Project PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT THIS EASEMENT, made this jrJ'('' day of Ma.,r•On, , 201t between Jencourt LLC, whose address is 1001 East Atlantic Ave Suite 202 Delra Beach FL 33483 hereinafter referred to as the "Grantor", and St. Lucie Coun Erosion District, whose address is 2300 Virginia Avenue, Fort Pierce, FL 34482, hereinafter referred to as the "Grantee". (Wherever used herein the terms "Grantor" and "Grantee' shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: WHEREAS, GRANTOR owns beachfront property described in Exhibit "A", incorporated by reference and made a part hereof, and WHEREAS, GRANTEE and the Department of the Army have entered into a Project Partnership Agreement for the St. Lucie County, Florida Coastal Storm Risk Management Project (the "Project") whereby GRANTEE has agreed to be the Local Sponsor for the Project, which provides for beach and dune nourishment within the South Hutchinson Island reach; and WHEREAS, as Local Sponsor for the Project, GRANTEE is required to obtain "perpetual beach storm damage reduction" easements from owners of property in the South Hutchinson Island reach, such as GRANTOR; and WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage to GRANTOR's property and restore the adjacent beach and dune. NOW THEREFORE, in consideration of the mutual benefits to be derived from the permitted uses described below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties to this easement agree to the following: GRANTOR does hereby bargain, convey, and grant 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 GRANTEE, its representatives, agents, contractors, and assigns to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace; a public beach a 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 and access; to plant vegetation on said dunes and berms; to erect, maintain and remove silt screens and sand fences; to facilitate preservation of dunes and vegetation through the limitation of access to dune areas; to trim, cut, fell, and remove from said land all trees, underbrush, debris, obstructions, and any other vegetation, structures and obstacles within the limits of the easement; reserving, however, to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns, the right to construct dune overwalk structures in accordance with any applicable Federal, State, or local laws or regulations, provided that such structures shall not violate the integrity of the dune in shape, dimension or function, and that prior approval of the plans and specifications for such structures is obtained from the designated representative of the Project Sponsor and provided further that such structures are subordinate to the construction, operation, maintenance, repair, rehabilitation and replacement of the project; and further reserving to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns all such rights and privileges as may be used and enjoyed without interfering with or abridging the rights and easements hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. GRANTOR and GRANTEE shall each be responsible for their own acts of negligence when acting within the scope of this Easement and shall only be liable for any damages resulting from their own negligence. Nothing herein is intended to be a waiver of sovereign immunity or of any applicable statutory limitations of liability, including, but not limited to, Section 768.28, Florida Statutes, by GRANTEE (or GRANTOR if applicable). Nothing herein shall be construed as consent by GRANTOR or GRANTEE to be sued by third parties in any manner arising out of this Easement. This Easement shall become effective upon proper execution by GRANTOR. -111t Page 91 of 331 The covenants, rights, privileges, restrictions, and reservations set forth herein shall run with the land. The terms and conditions of this Easement shall be deemed severable. Consequently, if any term or condition in this Easement shall be held illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and not withstanding any such determination, this Easement shall continue in full force and effect unless the particular term or condition held illegal or void renders the balance of the Easement impossible to perform. IN WITNESS WHEREOF, GRANTOR has set hereto its hand and seal on the day and year above written. Signed, sealed and delivered in the presence of: Jenco C Witness Signature Signature Print Witness Name HM Title �uJ Witness Signature__e��,. Print Witness Name tC a�. STATEOF FLOP kDA COUNTY OF Pf�LM BE Act The foregoing instrument was acknowledged before me by means of X physical presence or — online notarization, this 15� day of Mao Azk% 2021 by M ch,%- K of Jencourt LLC a Florida limited liability company, on behalf of the company. e/She is perms. y known to ine or has produced as identification. [NOTARY SEAL] 2 e�?FYP ;'•,, M7TiR7 n V. WUVLAS W COMMISSION # HH 053266 =•t• -ar EXPIRES: January 14, 2Q25 Bonded I= Nabwy Kkk Undavnkers Notary Public My Commission expires: Page 92 of 331 F EXHIBIT "A" RA 10 CTION 2, TOWNSHIP 37S, RANGE 41E SE TION 11, TOWNSHIP 37S, RANGE 41E R-11 2 11 12 Cn 0 m m c� n O O z z N O O co co 2 S W w `n p ATLANTIC 1" = 600 FEET G)z z GG) m m A1 A "Emu OCEAN LANDWARD LIMITS OF �q CONSTRUCTION cP 0 cr � ❑ O R-11 ❑ N7 MEAN HIGH WATER LINE `o �- ELEVAT€ON = 0.51 NAVD 88 JANUARY 18, 2012 R-114 PROPOSED EASEMENT LEGEND O (SF=E DETAIL SET 3) P.O.B. = POINT OF BEGINNING R-115 NAD = NORTH AMERICAN DATUM NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 / 1 R-102 = FDEP RANGE MONUMENT (TYP) A -�, f — - - - - — MEAN HIGH WATER LINE AND EROSION CONTROL LINE AS LOCATED JANUARY 18, 2012 If — — — — —PROPOSED LANDWARD LIMITS OF CONSTRUCTION n7 r AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION U1 ® PROPOSED EASEMENT AREA Morgan Sr Eklund Inc. PROFESSIONAL SURVEY CONSULTANTS �a t" C�� 1812 NW 2ND AVENUE E M&E 4909 US HIGHWAY f1 SUITE 3 VERO BEACH FL 32967 BOCA RATON FL 33432 m PHONE (772) 3W-5364 PHONE (9545 421—GM FAX' (772) 3W-3185 /4298 FAX: (954) 421—C1425 alraaKw NO TY�� !� 1 rl��� A[�y�p1p anfrly�7 Or LEGGY uE, WIM 35117-9 PARCEL 451233100020M SOUTH ST. UJIIIIX CyOyU�NTY BpEA1gyiy�Si�ORAlION"��f ., FyR COUNTY T + 8572' 2 1" 0' 11/30120 uwm it LFP vh c Or DWC MD maw rw $a mw a► sutfff 9W f a< 3 Page 93 of 331 l 27 L2 EXHIBIT "A" SIRC R98 -18 2012 NAD 83190 N=1081985.60 E=909213.27 POINT OF BEGINNING OF WEST EASEMENT LINE �NAD 83190 N=1081789.13 E=909316.22 — 34 ON 01 35 DNR MONUMENT 94-77-AO� NAD 83190 N= 1079107,8 <� E=909950.7 CID ATLANTIC TOWNSHIP 36S, RANGE 4TE OCEAN TOWNSHIP 37S, RANGE 41 E 0 O 3 2 �� <' L12 O P I v 12 LANDWARD d I ITS OF CONS TRUCITION� " 10 11 D W ST. LUCIE COUNTY Line Table Line # Direction Length Li N14' 22' 29'W 2970.72' L2 S27' 39' 18"E 221.81' L3 S23' 01' 00"E 757.60' L4 S21' 45' 01 "E 999.30' L5 S22' 40' 46"E 988.27' L6 S20' 27' 48"E 974.64' L7 S20' 39' 36"E 987.46' L8 S22' 42' 50"E 972.76' L9 S23' 29' 45"E 1008.81' L10 S22' 12' 18"E 940.81' Li 1 S22' 16' 46"E 654.48' L12 S19' 36' 39"E 386.32' L13 S23' 36' 20"E 977,16' L14 S23' 57' 25"E 1104.24' L15 S24' 26' 17"E 1082.21' L16 S23' 50' 11 "E 803.61' L7 7 S22' 36' 27"E 1129.03' L18 S22' 14' 48"E 1010.56' 1-19 S22' 36' 24"E 787.45' L20 S22' 56' 21 "E 1983.23' L21 N38' 18' 07"E 26.84' MARTIN COUNTY � POINT OF TERMINATION DNR MONUMENT OF WFST EASEMENT LINE PL-R-1 4-9-92 1992 N=1065595.88 NAD 83190 N=1065574 :r2 NP Ci 63190 E=916068.51 C= 516051-88 L21 ��-�rrK.� SKETCH OF LEGAL DESCRIPTION Morgan & Eklund Inc. „"� ,.'w�i.R SaL-RW 35117-9 LANDWARD LIMITS OF CONSTRUCTION PNOPE9010NAL SURVEY CONSULTANTS liw�p r N�Rrr4 `' -I SOUTH ST. LUCIE COUNTY BEACH RESTORATION 1^=3400' 1e12 HP a10 M&F `490 � " MY-0 SLUE 3 �31E-31Ee! _ ,,77 � � _ FOR ST. LUCIE COUNTY EROSION DISTRICT � rrr 111am FAIL• FAK: (Y64) 427-0407 ��iii.��nr � r rRaa Orr r aw wti wr � 2 a 3 la / 4796 LFP GWC rtip - A 1? Page 94 of 331 \ EXHIBIT "A" MEAN HIGH WATER LINE ELEVATION = 0.51 NAVD 88 y r�rT JANUARY 18. 2012 1 AT!J �HNl 1C � 149't V PID#451233100020201 ��'��� 0° OCEAN CE,A Ar 10978 S OCFAN DRIVE ci�� Q lY JENCOURT LLC �' p ` 1001 E ATLANTIC AVE STE 202 DELRAY BEACH, FL 33483-6974 m 7 PROPOSED N EASEMENT (0.88* Ac.) N s / 0 LANDWARD LIMITS o OF CONSTRUCTION f 150't DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 4074, PAGE 1267, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A DEPARTMENT OF NATURAL RESOURCES MONUMENT STAMPED 94 77 A06, HAVING COORDINATES OF NORTHING 1,079,107.89 FEET AND EASTING OF 909,950,79 FEET AS REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT (NAD83190), PROCEED ALONG A BEARING OF N 14° 22' 29" W FOR A DISTANCE OF 2,970.72 FEET TO A SET IRON ROD AND CAP STAMPED R98-18 2012, HAVING COORDINATES OF NORTHING 1,081,985.60 FEET AND EASTING 909,213.27 FEET; THENCE S 27' 39' 18" E FOR A DISTANCE OF 221.81 FEET TO A POINT; HAVING COORDINATES OF NORTHING 1,081,789.13 FEET AND EASTING OF 909,316.22 FEET, SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED LANDWARD LIMITS OF CONSTRUCTION LINE; THENCE S 23" 01' 00" E FOR A DISTANCE OF 757.60 FEET TO A POINT; THENCE S 21' 45' 01" E FOR A DISTANCE OF 999.30 FEET TO A POINT; THENCE S 22' 40' 46" E FOR A DISTANCE OF 988.27 FEET TO A POINT; THENCE S 20' 27' 48" E FOR A DISTANCE OF 974.64 FEET TO A POINT; THENCE S 20' 39' 36" E FOR A DISTANCE OF 987,46 FEET TO A POINT; THENCE S 22' 42' 50" E FOR A DISTANCE OF 972.76 FEET TO A POINT; THENCE, S 23' 29' 45" E FOR A DISTANCE OF 1008.81 FEET TO A POINT; THENCE S 22' 12' 18" E FOR A DISTANCE OF 940,81 FEET TO A POINT; THENCE S 22' 16' 46" E FOR A DISTANCE OF 654.48 FEET TO A POINT; THENCE S 19' 36' 39" E FOR A DISTANCE OF 386.32 FEET TO A POINT; THENCE S 23' 36' 20" E FOR A DISTANCE OF 977.16 FEET TO A POINT; THENCE S 23' 57' 25" E FOR A DISTANCE OF 1104.24 FEET TO A POINT, THENCE S 24' 26' 17" E FOR A DISTANCE OF 1082.21 FEET TO A POINT; THENCE S 23' 50' 11" E FOR A DISTANCE OF 803,61 FEET TO A POINT; THENCE S 22' 36' 27" E FOR A DISTANCE OF 1129.03 FEET TO A POINT; THENCE S 22' 14' 46" E FOR A DISTANCE OF 1010.56 FEET TO A POINT; THENCE S 22' 36' 24" E FOR A DISTANCE OF 787.45 FEET TO A POINT; THENCE S 22' 56' 21" E FOR A DISTANCE OF 1983.23 FEET TO THE POINT OF TERMINATION, HAVING COORDINATES OF NORTHING 1,065,595.88 FEET AND EASTING OF 916,068.51 FEET, SAID POINT BEING 26,84 FEET DISTANT FROM A DEPARTMENT OF NATURAL RESOURCES MONUMENT PL-R-1 4-9-92 1992 (HAVING COORDINATES OF NORTHING 1,065,574.82 FEET AND EASTING 916,051.88 FEET NAD 83190) ALONG A BEARING OF N 38' 18' 07" E. "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION" NOTES: THIS IS NOT A SURVEY. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, OWNERSHIP OR EASEMENTS OF RECORD NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990. PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. LINE DEPICTING LANDWARD OMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY CORPORATION. Morgan & Eklund Inc. PROFESSIONAL SURVEY CONSULTANTS 1612 NW 2ND AVENUE 49M US HIGHWAY !1 SUITE 3 VERO BEACH, FL 3 67 BOCA RATON FL 3302 PHONE: ((77772) 386-5384 PHONE: OR 421-6882 FA%: (7'r2) 388-3155 LS 44293 FAX (954) 421-0425 CER77F7C4T£ OF SURVEYOR — I HEREBY CERT7FY THAT THE INFORMA77ON SHOWN HEREON IS IN ACCORDANCE W H A RECENT FIELD SURVEY MADE UNDER MY DIRECTICk', AND THAT IT IS TRUE_ AND CORRECT TO THE BEST OF MY KNOW-tDGE AND 6ELIEF, AND MEE7S THE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA OWO OF PROFESSIONAL LAND SURVEYORS IN CIMPTER 5J-17, FLORIDA ADU NI57RA77VE COOS; PURSUANT TO SECTION 472.027, FLORIDA STATUTES. DAVID W. COCCIN, PSM PROFESSIONAL SURVEYOR AND MAPPER 6359 STATE OF FLORIDA acme #a SKM (F LEGAL DESCRFM* 35117-9 P�►�RryC�EL�45112M1p0�0�012102p01�7II�p jou MUM�+T •1�I�1 M M ST WIM CIU 11 BUCH RES ILIH'nON I" = 100' 11130I20 FM � LUM COWN E MIM DISTRICT oM� �r amm ar rm mr I am W Sot," 9Air 3 ff 3 LFP DWC Awm - Page 95 of 331 Waiver of Right to Receive Fair Market Value WHEREAS (Owner) desires to donate to St. Lucie County Erosion District, a dependent special district of St. Lucie County, a political subdivision of the State of Florida, a perpetual beach storm damage reduction easement, to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace a public beach dune system, and other erosion control and storm damage reduction measures associated with The St. Lucie County, Florida Coastal Storm Risk Management Project (PROJECT NAME). AND WHEREAS under the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended, any landowner donating lands, casements, rights -of -way, and dredged material disposal areas for construction and subsequent operation and maintenance for Federal or Federally assisted projects is entitled to receive fair market value as compensation for said property. NOW BE IT KNOWN that the landowner hereby acknowledges the fact that he/she/it is aware of the right to receive fair market value for the above -described easement and does hereby forever waive such right to receive fair market value for the easement. This waiver is binding upon said landowners, his/her/its heirs, successors, and assigns. Jencourt LLC Witness Signature: Signature: Print Witness Name: Title:th Witness Signature: Print Witness Name: V gflC nyw' S -D mt..,Qlcti s e 96 of 331 RESOLUTION NO. 2021-120 A RESOLUTION ACCEPTING A PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT ON BEHALF OF ST. LUCIE COUNTY EROSION DISTRICT BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, that: The foregoing Perpetual Beach Storm Damage Reduction Easement from Jencourt LLC is duly accepted on behalf of St. Lucie County Erosion District this 41" day of May, 2021 subject to: • The Erosion District satisfying the U.S. Army Corps of Engineers (USACE) requirement for project land certification, including the acquisition of Perpetual Beach Storm Damage Reduction Easements along the project area, sufficient to initiate construction of the proposed federal beach project. • The Erosion District receiving the pre -determined funding from both the State and Federal Governments necessary to complete initial beach nourishment. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA w Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: M3 County Attorney Page 97 of 331 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: EROSION DISTRICT BOARD Mosquito Control & Coastal Management Services South County Beach & Dune Restoration Project See attached memorandum. CONSENT (X) PRESENTED BY: Richard A. Bouchard, P.E. Sr. Coastal Engineer 184-9910-599305-800 (Reserves - Erosion District) 184217-3710-531000-36203 (FDEP Grant - pending Board approval) 184217-3710-546340-36203 (FDEP Grant - pending Board approval) 39012-4115-546340-36203 (Maintenance Beach Renourishment - SHE SAD) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of recommendations (1), (2), (3), (4) and (5) as outlined in the attached agenda item. COMMISSION ACTION: { ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA, ICMA-CM County Administrator li� Coordination/Signatures County Attorney (x) OMB Director Daniel S. McIntyre Originating Dept. ( x ) aWes R. David Erosion District i (x) �v� (- Marie Gouin Patty Marston-Duva Melissa Simberfund Desiree Cimino (x) Richard ouchard AGEND378-WGOUNTY Page 98 of 331 Mosquito Control & Coastal Management Services Erosion District MEMORANDUM TO: Erosion District Board THROUGH: James R. David, Mosquito Control & Coastal Management Services Director FROM: Richard A. Bouchard, P.E., Sr. Coastal Engineer DATE: October 2, 2012 SUBJECT: South County Beach & Dune Restoration Project ITEM NO. II -A Background: St. Lucie County has initiated a non-federal project to address the severely deteriorated conditions of the South County shoreline while paralleling the development of a federal shore protection project to provide for future re -nourishment of the beaches in the project area. A benefit based funding plan was developed for this one-time local beach and dune project that includes three funding sources; State funding at 43%, Erosion District Zone E reserve funding at 23% and Special Assessment District (SAD) funding at 34%. After numerous meetings, workshops and public bearings the Board approved the assessment role and levied assessments against each parcel within the SAD on September 4, 2012. The following are all companion items that require formal Board action in order for this project to proceed: FDEP Grant Agreement 13SL1 and Budget Resolution 12-010: The Florida Beach Erosion Control Program (FBECP) is a Long -Range Budget Plan administered through the Florida Department of Environmental Protection (FDEP) to assist eligible local governments with their beach erosion control projects. A large portion of the efforts to date on the South County Beach Restoration project has been funded through this program, more specifically through FDEP Project Agreement 11 SL1. This new grant agreement will include additional state funding of $4,609,495 and a maximum local match of $5,989,482. A small portion of these grant funds are intended for reimbursement of recent pre -construction and permitting activities associated with this project which were performed utilizing Erosion District funds. The remaining state grant funds will be used in conjunction with SAD and Erosion District funds to promote construction and monitoring activities as outlined below. Budget Resolution 12-010 establishing the grant funding is also attached. Recommendation (9): Board approval of the draft FDEP Project Agreement 13SL1 and Budget Resolution No. 12-010 and authorization for the Chairman to sign documents as approved by the County Attorney. Page 99 of 331 ITEM NO. (ID # 4965) J DATE: 01/23/2018 COUNTY ` R I ID A AGENDA REQUEST *CONSENTAGENDA TO: Erosion District PRESENTED BY: Richard Bouchard, Senior Coastal Engineer SUBMITTED BY: Erosion District SUBJECT: South County Beach and Dune Restoration Project (Permit Extensions) BACKGROUND: At the request of beachfront property owners St. Lucie County completed a non-federal project to address the severely deteriorated conditions of the South County shoreline. Concurrently, the development of a federal shore protection project is underway to provide for future re -nourishment of the beaches in the project area. The one-time local project encompassed approximately 3.3 miles of Atlantic Ocean coastline, from Martin County north to Normandy Beach Park and was completed in May 2013. Substantial effort and resources went into securing state and federal permits this project. Prior to allowing these 5-year permits to lapse, staff contacted the regulatory agencies to initiate 10-year extensions. Maintaining these permits will most likely be very beneficial in the future with the proposed federalization or potential FEMA claims. It would also be very costly and time consuming to reactivate these permits once they expire. Staff recommends extending these permits an additional 10-years. PREVIOUS ACTION: October 2, 2012 - Board approval of the South County Beach and Dune Restoration Project. FINANCIAL IMPACT: There is no financial impact associated with this action. RECOMMENDATION: Staff recommends that the Erosion District Board ratify and approve the extension of federal and state permits for the South County Beach and Dune Restoration Project. COMMISSION ACTION: Page 100 of 331 RESULT: MOVER: SECONDER: ADOPTED BY CONSENT VOTE [UNANIMOUS] Cathy Townsend, District No. 5 Linda Bartz, District No. 3 Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend Coordination/Signatures anie s. McIntyre, C my ttorney 1/8/2018 Updated: 1/5/2018 2:50 PM by Richard Bouchard Page 2 Page 101 of 331 r Luc a- AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Barbara Guettler, MSBU Coordinator SUBMITTED BY: Public Works 9.B.1. RES-2019-286 PUBLIC HEARINGS -PUBLIC WORKS DATE: 12/17/2019 *RESOLUTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? NO SUBJECT: South Hutchinson Island MSTU Option "A", SHI Beach Erosion Control MSTU BACKGROUND: The County is currently investigating the feasibility of several options to partially fund the cost of providing ongoing beach and dune restoration improvements associated with a Federal beach project (from Normandy Beach south, approximately 3.4 miles, to the Martin County line). The following options are those relating to the creation of Municipal Services Taxing Units ("MSTUs"). On South Hutchinson Island, from Normandy Beach to the Martin County line, there are approximately 2848 taxable parcels east of A1A and 3430 taxable parcels west of A1A. Per Section 40-59 of the St. Lucie County Code of Ordinances, in order to preserve the County's option to levy ad valorem taxes in the MSTUs starting in 2020, the County must hold advertised public hearings and create the MSTUs prior to January 1, 2020. The creation of the MSTUs does not in any way obligate the County to levy ad valorem taxes; rather, it simply preserves the County's option to do so, if it is found to be the most feasible funding option. The determination as to how much ad valorem revenue to be raised in the MSTUs, if any, and the corresponding millage rate for each MSTU would be determined by the Board during its budget deliberations next year. Option "A" would be to create one MSTU to levy ad valorem taxes on all of the parcels on South Hutchinson Island from Normandy Beach to the Martin County line. If this option is chosen, all of the parcels within the MSTU (both east and west of A1A) would share the same millage rate to fund future beach and dune restoration projects within the MSTU boundary. This option was suggested by the Presidents Council. Option "B" would be to create an MSTU to levy ad valorem taxes on all of the parcels east of A1A from Normandy Beach to the Martin County line. This option would encompass all taxable parcels with beach frontage. Page 102 of 331 Option "C" would be to create an MSTU to levy ad valorem taxes on all of the parcels west of A1A from Normandy Beach to the Martin County line. In order to allow the Board the greatest flexibility to set and adjust separate millage rates for parcels east and west of A1A, Staff recommends a combination of Option "B" and Option "C". Creating two separate MSTUs (SHI East and SHI West) would allow Staff and the Board to research and determine a fair and equitable millage rate for each side of A1A based on the level of benefit the parcels would receive from the improvements. This would not restrict the Board from levying the same millage rate for both MSTUs if doing so is determined to be the most reasonable option. County agenda software does not allow multiple resolutions to be attached to one agenda item; therefore, each MSTU option will be considered during separate public hearings. This is the public hearing for Option "A", SHI Beach Erosion Control MSTU. PREVIOUS ACTION: November 19, 2019 - Board granted permission to advertise these public hearings. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board's disapproval of the attached resolution, SHI Beach Erosion Control MSTU. COMMISSION ACTION: RESULT: Adopt MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: December 03, 2019 Don West, Public Works Director Page 103 of 331 Date: December 03, 2019 Daniel McIntyre, County Attorney Date: December 03, 2019 Mark Satterlee, Deputy County Administrator Page 104 of 331 5.A.1. 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50618 DATE: 11/10/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - USACE Project Partnership Agreement (PPA) - ADD ON BACKGROUND: In November 2002 , the U.S. Army Corps of Engineers (USACE) completed a "Section 905(b) analysis for a "St. Lucie County ,Florida — Hurricane and Storm Damage Reduction Study" including the Study Area - from just south of Blind Creek (R-77) to the Martin County Line (R-115). This reconnaissance report recommended that the "study proceed into the feasibility phase", which was eventually initiated in 2004. Shortly afterwards, the USACE re-scoped the Federal project (reducing the proposed project area) and approved it as part of their 3x3x3 Plan; eventually receiving federal funding to move the study forward. While in the feasibility phase, storm events (including Hurricane Sandy) impacted South County Beaches. The storm damages experienced after these events warranted quick/specific action. St. Lucie County, with support from the State of Florida and local stakeholders, initiated construction of a one-time, non-federal beach restoration project in April 2013 while federal efforts continued. The project consisted of the nourishment of 3.4 miles of FDEP designated "critically eroded" Atlantic shoreline from FDEP monument R-98 (Normandy Beach) to the Martin County line (R-115). The project included placement of approximately 635,164 cubic yards of beach compatible sand from St. Lucie Shoal and was partially funded through a Special Assessment District (SAD) created for the project. A nearshore limestone boulder mitigation reef was also completed to offset project related hard -bottom impacts. Eventually, the South St. Lucie County, Florida Storm Risk Management Project Feasibility Study was completed and approved; receiving a signed Chief's Report (December 15, 2017) and federal Congressional authorization (2018 WRDA Bill). In addition, Erosion District Staff diligently pursued and secured approximately $6.4 million in state grant funds from the Florida Department of Environmental Protection (FDEP) for the initial federal beach project (FDEP Grant 19SL4 and 20SL3) and unilaterally increased the level of federal participation by 7% by creating additional public beach access at County owned beach parks. To help fund future construction efforts associated with this project, the St. Lucie County BOCC drafted and subsequently approved the South Hutchinson Island Municipal Service Taxing Unit (MSTU). Page 105 of 331 Since 2013, persistent beach erosion has continued to impact this stretch of coastline, and the previously executed project is now quickly approaching its design life expectancy (10 years). In addition, this beach area has received significant damages from Hurricane Matthew (2016), Hurricane Irma (2017), Hurricane Dorian (2019), and Hurricane Isaias (2020). The increased frequency of storm events along our coast naturally promotes the need for a long-term beach management plan/strategy. The attached Project Partnership Agreement (PPA) includes such a plan, and it is seen as the best option for the long-term stability of the southern Atlantic shoreline of St. Lucie County. Future federal participation not only assists in partially funding future beach nourishment efforts but also enhances the County's ranking in future state Beach Management Funding Assistance requests, which includes ranking metrics contingent on the level of federal participation. Execution of the attached Project Partnership Agreement (PPA) is required for the USACE to officially initiate efforts associated with the proposed federal beach project. The attached agreement includes provisions that allow permit required physical and biological monitoring to be eligible for future work in -kind credit. Non - Federal funding for the initial beach project is required prior to July 2021. Absent of federal participation, the County/local residents would be responsible for funding, initiating, and managing all future beach nourishment effort along this stretch of beach. PREVIOUS ACTION: 1999 - St. Lucie County's Erosion District initiates process to seek federal support and management of St. Lucie County's southern beaches at the direct request of South Hutchinson Island residents. 2004 - Erosion District and the U.S. Army Corps of Engineers (USACE) sign feasibility cost sharing agreement as first major step towards beach federalization. Major coastal storm impacts from Hurricanes Frances and Jeanne. 2005-2007 - Emergency dune restoration takes place with Florida Department of Environmental Protection (FDEP) and Federal Emergency Management Agency (FEMA) funding. 2013 - South County Beach impacts from Hurricane Sandy. Erosion District coordinates a one-time emergency beach nourishment project in response to beachfront residents' requests. Beach and dune restoration completed for approximately 3.4 miles of shoreline from the Martin County line north to Normandy Beach Park. 2017-2018 — Feasibility report completed and Congress authorizes the St. Lucie County, Florida Storm Risk Management Project in the 2018 Water Resources Development Act (WRDA); including a fifty (50) year project life. Federal Share of construction funded in Bipartisan Act of 2018 (PL 115-123). March 2019 — St. Lucie County successfully petitioned and receives a construction timeline extension; initial beach project construction re -scheduled for winter 2021/spring 2022. December 2019 — Public Hearing advertised and subsequent Board approval of Resolution 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Page 106 of 331 Services Taxing Unit (MSTU). September 2020 - County approves the South Hutchinson Island MSTU during final FY-20/21 budget meeting. FINANCIAL IMPACT: As of the effective date of this Agreement, total construction costs are projected (by the USACE) to be $114,794,000 over the proposed fifty (50) year project life. This includes one (1) initial beach nourishment event and two (2) follow-up re -nourishment events. The non-federal/local share of the fifty (50) year project duration is estimated at $81,968,000, with a $32,826,000 federal contribution. The total cost of the initial nourishment event (scheduled for Fy-2022/2023) is estimated at $22,894,000, consisting of an $8,013,000 federal (35%) and $14,881,000 (65%) non-federal/local cost share arrangement. RECOMMENDATION: Staff recommends Board approval of the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement (and associated documents) and authorization for the Chair to sign those documents as approved by the County Attorney. COMMISSION ACTION: RESULT: Approve MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: November 04, 2020 Glenn Henderson, Mosquito Control Director Date: November 04, 2020 Jennifer Garrity, Management Analyst Date: November 04, 2020 Jennifer Hill, Office of Management & Budget Director Page 107 of 331 Date: November 04, 2020 Daniel McIntyre, County Attorney Date: November 04, 2020 Alphonso Jefferson, Deputy County Administrator Page 108 of 331 T Op 0 Gy'Tf STATES O4 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 701 SAN MARCO BOULEVARD JACKSONVILLE, FLORIDA 32207-8175 Mr. Howard Tipton County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Sent via email to tiptonh@stlucieco.org Dear Mr. Tipton: December 9, 2020 As provided by the terms of the Project Partnership Agreement (PPA) between the Department of the Army and St. Lucie County, Florida dated December 2, 2020 (Enclosure 1), St. Lucie County, Florida agrees to provide the real property interests required for the St. Lucie County, Florida Coastal Storm Risk Management Project (Project). This letter serves as the Government's notice for the County to proceed with the acquisition of these property interests and to provide the Government with authorization for entry through a Certification of Lands. The real property interests required are located on Hutchinson Island in St. Lucie County, Florida, as shown in the enclosed maps (Enclosure 2) and identified in the enclosed Florida Department of Environmental Protection (FDEP) Permit No. 0154626- 001-JC (Enclosure 3), and are further described below: a. Perpetual beach storm damage reduction easements for the authorized project area identified in purple in Enclosure 2 that is landward of the erosion control line (ECL). b. Temporary work area easement for a minimum of 24 months for the staging areas identified in blue in Enclosure 2. c. Temporary work area easement for a minimum of 24 months for the access areas identified in pink in Enclosure 2. d. Sovereign submerged authorization from the State of Florida for the authorized project area identified in Enclosure 3, as amended, that is located seaward of the ECL. Enclosed are templates for the Certification of Lands (Enclosure 4), Attorney's Certificate of Authority (Enclosure 5), and the required language for the perpetual beach storm damage reduction easements (Enclosure 6) and the temporary work area easements (Enclosure 7). Please provide the land certification and all supporting Page 109 of 331 2 documentation by June 28, 2021 via mail to the Corps of Engineers, Jacksonville District, 701 San Marco Boulevard, Jacksonville, Florida 32207-8175. If you have any questions or require additional information, please contact Christopher Bukolt, email: Christopher.d.bukolt@usace.army. mi1, or by telephone: 904- 232-3401. Sincerely, MCQUILLEN.TI Digitally signed by MCQUILLEN.TIMOTHY.HAR MOTHY.HART.1 T.1050583305 Date: 2020.12.09 15:26:08 050583305 05,00, Timothy H. McQuillen Chief, Real Estate Division Enclosures Page 110 of 331 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50865 DATE: 12/15/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project — USACE Permitting Authorization BACKGROUND: At the request of beachfront property owners, St. Lucie County completed a non-federal beach project in 2013 to address beach erosion along the southern coastline of St. Lucie County (3.4 miles). Meanwhile, the County continued to pursue a federal shore protection project along the same shoreline. In 2018 a feasibility study for the federal project was approved by Congress. Concurrently, federal funding for initial construction was provided in the Bipartisan Act of 2018. After successfully petitioning for and receiving a construction timeline extension in early 2019, St. Lucie County's BOCC approved the South Hutchinson Island Municipal Services Taxing Unit (MSTU) in September 2020 to help fund the non-federal/non-state share of proposed construction. Subsequently, the BOCC approved the Project Partnership Agreement (PPA) with the U.S. Army Corps of Engineers (USACE) for the 50 year federal project on November 10, 2020. In preparation for initial construction (proposed winter 2021/spring 2022) staff is actively pursuing perpetual construction easements required for project bidding (July 2021). After preliminary discussions with both the USACE and the Florida Department of Environmental Protection (FDEP), and considering the similarities between the proposed federal and 2013 projects, it was determined that a minor permit modification to the County's existing state permit was the preferred permitting path for all parties. As a co -applicant, the USACE can avoid duplicative submissions and reviews already performed during the 2013 project, resulting in efficiency and cost savings. To do this, the County would need to request that the USACE be added as a co - applicant to existing permit No. 0154626-001-JC. As a co -applicant, the USACE will proposed modifications to the original design and help negotiate permit requirements consistent with the federal authorization, eventually attaining state permitting approval for initial construction. As co -applicants, County staff and our hired professional consultants will actively coordinate with USACE staff in all future modification requests to the state. PREVIOUS ACTION: Page 111 of 331 October 2, 2012 — Board approval of the 2013 South County Beach and Dune Restoration Project. January 23, 2018 — Board action to ratify and approve the extension of both federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project (Item No. 4965); permits extended through 2028. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the USACE as a co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to developed plans and attain state permits consistent with the project's congressional authorization; including approval for the Chair to sign documents associated with minor permit modification(s), as requested by the USACE and approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: December 01, 2020 Glenn Henderson, Mosquito Control Director Date: December 01, 2020 Don West, Public Works Director Date: December 02, 2020 Daniel McIntyre, County Attorney Page 112 of 331 Date: December 02, 2020 Mark Satterlee, Deputy County Administrator Page 113 of 331 3.A.5. 2021-51469 DATE: 5/4/2021 AGENDA REQUEST TO: Erosion District PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Emerald Funding, LLC - Parcel No. 7 - Parcel ID 4512-313-0001-000-2 BACKGROUND: In 2013, St. Lucie County partially restored South County beaches while a federal shore protection project was under development by the U.S. Army Corps of Engineers (USACE). About 3.4 miles of beach from Normandy Beach Park to the Martin County line were nourished via placement of about 635,000 cubic yards of sand on the beach and 280,000 plants on the restored dune crest. As part of preparations for the 2013 project, in 2012, the County obtained Temporary Easements from each property owner in the project area. These Temporary Easements authorized a limited use of the seaward portion of each property by the County to construct, repair, nourish, rehabilitate and replace a beach and dune over the limits of construction ... from the landward toe of the dune to the mean high water line; these project specific Temporary Easements expired on March 1, 2016. The USACE is the agency designated by Congress to protect the nation's shores from the chronic effects of erosion and coastal flooding. After completion of studies by the USACE-Jacksonville District, the U.S. Congress authorized a 50-year federal cost -shared beach project through America's Water Infrastructure Act of 2018. The USACE is expected to place sand on the project beaches to help reduce the threat of coastal storm damage and avoid the high costs of coastal storm damage as part of the Congressionally -authorized project in coordination with St. Lucie County. To effectuate the federal project, the County must obtain Easements for construction and maintenance of the federal project - comparable to the Easements obtain for the 2013 project, but with a longer duration to cover all future USACE and County efforts to construct and maintain the federal project. USACE regulations relative to Real Estate Acquisition (ER 405-1-11) include provisions for Perpetual Construction Easements so as to avoid property rights interference with operation of the project by the USACE and County. As required by Florida Statutes (161.191), an Erosion Control Line (ECL) was established by the County prior to construction of the 2013 project; the ECL effectively corresponded to the mean high water boundary between Page 114 of 331 state sovereign lands and the adjacent upland property. All lands seaward of the ECL remain vested to the state by right of its sovereignty; the lands landward of the ECL remain vested to the upland owner. Perpetual Construction Easements are required for sand placement for areas landward of the ECL. Attached for your review and acceptance is a Perpetual Beach Storm Damage Reduction Easement from Emerald Funding, LLC. PREVIOUS ACTION: October 2, 2012 - Board approved the 2013 South County Beach and Dune Restoration Project. January 23, 2018 - Board action to ratify and approve the extension of federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project; permits extended through 2028. December 17, 2019 - Public Hearing advertised and subsequent Board approval of Resolution No. 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Services Taxing Unit (MSTU). September 2020 - Board approved the South Hutchinson Island MSTU during final FY-20/21 budget meeting. November 10, 2020 - Board approved the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement. December 9, 2020 - St. Lucie County receives a USACE official Project Land's Request, including a specific request for Perpetual Construction Easements along the proposed federal beach project area. December 15, 2020 - Board approved the U.S. Army Corps of Engineers (USACE) as co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to develop plans and attain state permits consistent with the project's congressional authorization. FINANCIAL IMPACT: N/A - Easement being donated. RECOMMENDATION: Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None Page 115 of 331 NAYS: None EXCUSED: None Coordination/Signatures Date: April 20, 2021 Katrina Slay, Agenda Coordinator Date: April 20, 2021 Daniel McIntyre, County Attorney Date: April 21, 2021 Joshua Revord, Senior Coastal Engineer Date: April 28, 2021 Don West, Public Works Director Date: April 27, 2021 Mark Satterlee, Deputy County Administrator Page 116 of 331 2020 South Hutchinson Island Coastal Storm Risk Management Project N W+E S 0.25 0.5 1 Miles Map created April 30, 2020 St. Lucie County, Florida Coastal Storm Risk Management Project PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT THIS EASEMENT, made this -c� day of �% �'( , 20L between Emerald Funding LLC, whose address is P.O. Box 1383. Long Island City, NY 11101-0383, hereinafter referred to as the "Grantor", and St. Lucie County Erosion District, whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter referred to as the "Grantee". (wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: WHEREAS, GRANTOR owns beachfront property described in Exhibit "A", incorporated by reference and made a part hereof; and WI-IEREAS, GRANTEE and the Department of the Army have entered into a Project Partnership Agreement for the St. Lucie County, Florida Coastal Storm Risk Management Project (the "Project") whereby GRANTEE has agreed to be the Local Sponsor for the Project, which provides for beach and dune nourishment within the South Hutchinson Island reach; and WI-IEREAS, as Local Sponsor for the Project, GRANTEE is required to obtain "perpetual beach storm damage reduction" easements from owners of property in the South 1-lutchinson Island reach, such as GRANTOR; and WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage to GRANTOR's property and restore the adjacent beach and ([title. NOW THEREFORE, in consideration of the mutual benefits to be derived from the permitted uses described below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties to this easement agree to the following: GRANTOR does hereby bargain, convey, and grant 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 GRANTEE, its representatives, agents, contractors, and assigns to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace; a public beach a 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 and access; to plant vegetation on said dunes and berms; to erect, maintain and remove silt screens and sand fences; to facilitate preservation of dunes and vegetation through the limitation of access to dune areas; to trini, cut, fell, and remove from said land all trees, underbrush, debris, obstructions, and any other vegetation, structures and obstacles within the limits of the easement; reserving, however, to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns, the right to construct dune overwalk structures in accordance with any applicable Federal, State, or local laws or regulations, provided that such structures sliall not violate the integrity of the dune in shape, dimension or function, and that prior approval of the plans and specifications for such structures is obtained from the designated representative of the Project Sponsor and provided further that such structures are subordinate to the construction, operation, maintenance, repair, rehabilitation and replacement of the project; and further reserving to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns all such rights and privileges as may be used and enjoyed without interfering with or abridging the rights and casements hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. GRANTOR and GRANTEE shall each be responsible for their own acts of negligence when acting within the scope of this Easement and shall only be liable for any damages resulting from their own negligence. Nothing herein is intended to be a waiver of sovereign immunity or of any applicable statutory limitations of liability, including, but not limited to, Section 768.28, Florida Statutes, by GRANTEE (or GRANTOR if applicable). Nothing herein shall be construed as consent by GRANTOR or GRANTEE to be sued by third parties in any manner arising out of this Easement. This Easement shall become effective upon proper execution by GRANTOR. Page 118 of 331 The covenants, rights, privileges, restrictions, and reservations set forth herein shall run with the land. The terms and conditions of this Easement shall be deemed severable. Consequently, if any term or condition in this Easement shall be held illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and not withstanding any such determination, this Easement shall continue in fiill force and effect unless the particular tern or condition held illegal or void renders the balance of the Easement impossible to perform. IN WITNESS WHEREOF, GRANTOR has set hereto its hand and seal on the day and year above written. Signed, sealed and delivered in the presence of: Ilrint Witness Name �.' ► �� 1 STATE OF COUNTY OF Emerald , SignatureFundh 11012-1 Title The foregoing instrument w s cl& el-<lsed before me by means _ physical presence or _ mine notarization, this _ day of , 202_, by , of Emerald Funding, LLC 'a ifornia limited liabili om pan , on behalf' of e c n /She is personally known to has produced as ident icati I. [NOT-9 SEAL] \ n� Nc P M Co nission e z Page 119 of 331 California All -Purpose Acknowledgement A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Humboldt On idvc' l IDS )t7 2! before me, Loene Gossett, Notary Public personally appeared 1.iL I L6) 14 1/j V who proved to me on the basis of satisfactory evidence to be the erson( whose namog) is re subscribed to be within instrument and acknowledged to me that t e oe/fey executed the same in his/�er/their authorized capacit le, and that by is/Ir/t�ir signature ) on the instrument the person ), or the entity upon b6half of which the person ) acted, executed the instrument. `�-� �— I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my nd and official seal. r s�.`...`>�� LOENEGOSSETr Notary Public • California Humboldt County 9 L^` Commission # 2346671 / nA �'"°0 * My Comm. Expires Feb 12, 2025 OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgement on unathorized document and may prove useful to persons relying on the document. Description of Attached Document The preceding Certificate of Acknowledgement is attached to a Q Title or disd'ription of docurKer t O _ — containing,;_pages, and dated M d V-.-14 164 2-d u1 . t CL � 0q QC,L Copyright © Develop Point Education 2015 Page 120 of 331 T\ EXHIBIT "A" R-110 ` CTION 2, TOWNSHIP 37S, RANGE 41E �_ 2 SE TION 11, TOWNSHIP 37S, RANGE 41E 11 12 cmi 1 cmi � zl z � S N O KO¢ R-1,1 w w N V n V to 9 \\ m ( A M A N o� m. m O ^ T _ R-112 LEGEND P.O.B. = POINT OF BEGINNING NAD = NORTH AMERICAN DATUM NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 R-102 = FDEP RANGE MONUMENT (TYP) — - — - - — MEAN HIGH WATER LINE AND EROSION CONTROL LINE AS LOCATED JANUARY 18, 2012 - - - - - - - - - - - PROPOSED LANDWARD LIMITS OF CONSTRUCTION AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION PROPOSED EASEMENT AREA �I Morgan & Eklund Inc. 0 PROFESSIONAL SURVEY CONSULTANTS a '..., - E M c4E 49M US HIGHWAY /1 1812 NW � 3AVENUE m VERO BEACH FL 32 87 BOCA MMN FL 33432 PHONE (772� 388-5384 PHONE: (954$ 421-8882 9 FAX: (772) 388-3185 �4298 FAX: (95544) 421-0425 LANDWARD LIMITS OF CONSTRUCTION 1" = 600 FEET ATLANTIC OCEAN I MEAN HIGH WATER LINE ELEVATION = 0.51 NAVD 88 JANUARY 18, 2012 R-1t3 \ f R-114 PROPOSED EASEMENT (SEE DETAIL SHEET 3) R-115 SKETCH OF LEGAL. DESCRIPTION 35�11i 9 PARCEL. 45123130001OD02 SOUTH ST. LUCIE COUNTY BEACH RESTORATION 1" = 600' FOR ST. L-UCIE COUNTY DMON DISTRICT 020 11/ awwr me Boor arr cr wncr t f� P UPI(: near na - sr[r 1 o 3 Page 121 of 331 EXHIBIT "A" - —� SIRC R98 -18 2012 �NAD 83/90 N=1081985.60 E=909213.27 27 34 -� DNR MONUMENT 94-77-AO NAD 83/90 N=1079107,8 E=909950.7 TOWNSHIP 36s, RANGE 4t _ (TOWNSHIP 37S, RANGE 41 E 3 POINT OF BEGINNING OF WEST EASEMENT LINE NAD 83/90 N=1081789.13 E=909316.22 35 <A ATLANTIC CP OCEAN O 2 D L12 v� v� Y — -NNN — 7 � v LANDWARD LIMITS 10 OF ICONSTRUCTION 1 1 ST. LUCIE COUNTY - MARTIN COUNTY 17NR MrNUMtiNT PL-R-`1 4-9-92 1-992 N=1005574.8,? NAD 83/90 E=916051.88 Morgan Eklund Inc:. M. E ` waB BFIp1 flFl GHWAY � 7 BOLA I AOf�IL15432 Plf01E (�72� 386-53" PFiOIIE (NI) 421-ON2 388-310 FA%: (651) 471_W1 . / 42G0 Line Table Line # Direction Length L1 N14' 22' 29"W 2970.72' L2 S27' 39' 18"E 221,81' L3 S23' 01' 00"E 757.60' L4 S21' 45' 01 "E 999.30' L5 S22' 40' 46"E 988.27' L6 S20' 27' 48"E 974.64' L7 S20' 39' 36"E 987.46' L8 S22' 42' 50"E 972,76' L9 S23' 29' 45"E 1008.81' L10 S22' 12' 18"E 940.81' L11 S22' 16' 46"E 654.48' L12 S19' 36' 39"E 386.32' L13 S23' 36' 20"E 977.16' L14 S23' 57' 25"E 1104.24' 1-15 S24' 26' 17"E 1082.21' L16 S23' 50' 11"E 803,61' L17 S22' 36' 27"E 1129.03' L18 S22' 14' 48"E 1010.56' 1-19 S22' 36' 24"E 787.45' L20 S22' 56' 21 "E 1983.23' L21 N38' 18' 07"E 26.84' POINT OF TERMINATION OF WEST EASEMENT LINE N=1065595,88 NAD 83/90 E=916068.51 LANDWARD LIMITS OF CONSTRUCTION SOUTH ST. LUCIE COUNTY BEACH RESTORATION FOR ST. LUCIE COUNTY EROSION DISTRICT .we "iwos w 77, M �s mr aK w .wr LF ;iVJC Page 122 of 331 07 - EXHIBIT "A" \ MEAN HIGH WATER LINE ELEVATION = 0.51 NAVD 88 `\ A MANTIC CD \ JANUARY 18, 2012 \ 451231300010002 NtJ� `•� s� ` EMERALD FUNDING, LLC 7 \LON( BOX 1383 v, ISLAND CITY, NY 11101-0383 OCEAN � PROPOSED \� EASEMENT� (0.30± Ac.) ° O LANDWARD LIMITS ' L OF CONSTRUCTION `ICIN DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 4163, PAGE 2839, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A DEPARTMENT OF NATURAL RESOURCES MONUMENT STAMPED 94 77 A06, HAVING COORDINATES OF NORTHING 1,079,107.89 FEET AND EASTING OF 909,950.79 FEET AS REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT (NAD83/90), PROCEED ALONG A BEARING OF N 14' 22' 29" W FOR A DISTANCE OF 2,970.72 FEET TO A SET IRON ROD AND CAP STAMPED R98-18 2012, HAVING COORDINATES OF NORTHING 1,081,985.60 FEET AND EASTING•909,213.27 FEET; THENCE S 27' 39' 18" E FOR A DISTANCE OF 221.81 FEET TO A POINT; HAVING COORDINATES OF NORTHING 1,081,789.13 FEET AND EASTING OF 909,316.22 FEET, SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED LANDWARD LIMITS OF CONSTRUCTION LINE; THENCE S 23' OV 00" E FOR A DISTANCE OF 757.60 FEET TO A POINT; THENCE S 21' 45' 01" E FOR A DISTANCE OF 999.30 FEET TO A POINT; THENCE S 22' 40' 46" E FOR A DISTANCE OF 988.27 FEET TO A POINT; THENCE S 20' 27' 48" E FOR A DISTANCE OF 974.64 FEET TO A POINT; THENCE S 20° 39' 36" E FOR A DISTANCE OF 987.46 FEET TO A POINT; THENCE S 22° 42' 50" E FOR A DISTANCE OF 972.76 FEET TO A POINT; THENCE S 23' 29' 45" E FOR A DISTANCE OF 1008.81 FEET TO A POINT; THENCE S 22° 12' 18" E FOR A DISTANCE OF 940.81 FEET TO A POINT; THENCE S 22° 16' 46" E FOR A DISTANCE OF 654.48 FEET TO A POINT; THENCE S 19° 36' 39" E FOR A DISTANCE OF 386.32 FEET TO A POINT; THENCE S 23° 36' 20" E FOR A DISTANCE OF 977.16 FEET TO A POINT; THENCE S 23' 57' 25" E FOR A DISTANCE OF 1104.24 FEET TO A POINT; THENCE S 24° 26' 17" E FOR A DISTANCE OF 1082.21 FEET TO A POINT; THENCE S 23° 50' 11" E FOR A DISTANCE OF 803.61 FEET TO A POINT; THENCE S 22° 36' 27" E FOR A DISTANCE OF 1129.03 FEET TO A POINT; THENCE S 22° 14' 48" E FOR A DISTANCE OF 1010.56 FEET TO A POINT; THENCE S 22° 36' 24" E FOR A DISTANCE OF 787.45 FEET TO A POINT; THENCE S 22' 56' 21" E FOR A DISTANCE OF 1983.23 FEET TO THE POINT OF TERMINATION, HAVING COORDINATES OF NORTHING 1,065,595.88 FEET AND EASTING OF 916,068.51 FEET, SAID POINT BEING 26.84 FEET DISTANT FROM A DEPARTMENT OF NATURAL RESOURCES MONUMENT PL-R-1 4-9-92 1992 (HAVING COORDINATES OF NORTHING 1,065,574,82 FEET AND EASTING 916,051.88 FEET NAD 83/90) ALONG A BEARING OF N 38° 18' 07" E. "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION" NOTES: THIS IS NOT A SURVEY. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, OWNERSHIP OR EASEMENTS OF RECORD NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990, PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY CORPORATION. a o P' M&E m) m Morgan & Eklund Inc. PROPESSIONAL SURVEY CONSULTANTS 1612 NW 2NO AVENUE 4909 US HIGHWAY 11 SUITE 3 VERO BEACH FL 32967 BOCA R(A(7790N FL 33432 PH-6882 ONE-- (772) �3888318855 4 PHONE: (934) 421 , 0425 LB /4298 CER71RC47E OF SURVEYOR - I HEREBY CERTIFY THAT THE INFORMATION SHOWN HEREON IS IN ACCORDANCE W17H A RECENT FIELD SURVEY MADE UNDER MY DIRECTION, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, AND MEETS THE STANDARDS OF PRACTICE AS SET FORTH by 771E FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTP471W CODE, PURSUANT TO SECTION 472,027, FL?RqA ST TUTES. DAVID W. COGGIIN, PSM PROFESSIONAL SURV OR AND MAPPER / 6359 STATE OF FLOR144 Si(M OF LEGAL DEM11ON PARCEL 451231300010002 SOUTH ST. LUCIE COUNTY BEACH RESTORATION FOR ST. LUCIE COUNTY ER0" DISTRICT AV" or Hasa a ieo �aor arr a' atwa LFP DWC Morns 35117-9 1 •' = 109 o� 11/3W20 gar 3 or 3 Page 123 of 331 Waiver of Right to Receive Fair Market Value WHEREAS (Owner) desires to donate to St. Lucie County Erosion District, a dependent special district of St. Lucie County, a political subdivision of the State of Florida, a perpetual beach storm damage reduction easement, to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace a public beach dune system, and other erosion control and storm damage reduction measures associated with The St. Lucie County, Florida Coastal Storm Risk Management Project (PROJECT NAME). AND WHEREAS under the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended, any landowner donating lands, easements, rights -of -way, and dredged material disposal areas for construction and subsequent operation and maintenance for Federal or Federally assisted projects is entitled to receive fair market value as compensation for said property. NOW BE IT KNOWN that the landowner hereby acknowledges the fact that he/she/it is aware of the right to receive fair market value :for the above -described easement and does hereby forever waive such right to receive fair market value for the easement. This waiver is binding upon said landowners, his/her/its heirs, successors, and assigns. Emerald Fundina, LLC Witness Signature:Signature: Print Witness Namc-&'rV'rVbMAJ Witness Signati •e: Print Witness Name: 4&ehs�-eh. 1L�il'ir/!_ rr 4L4 llhlo-1 d U Al tU Page 124 of 331 California All -Purpose Acknowledgement A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Humboldt On )G�)efore me, Loene Gossett, Notary Public personally appeared , / ��,-q ✓ who proved to me on the basis of satisfactory evidence to be the person ) whose name) is/ar subscribed to be within instrument and acknowledged tome that he/zpie/ ey executed the came in his/er/th it authorized ca acity(ie ), and that by his/oer/4heir si natureo) on the instrument the ep rso6( ), or the entity upon b4half of which the person($) acted, executed the instrument. 7 / I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. *my LOENE GOSSETTNotary Public - CaliforniaHumboldt County Commission p 2346672 Comm, Expires Feb 12, 2025 OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgement on unathorized document and may prove useful to persons relying on the document. Description of Attached Document The preceding Certificate of Acknowledgement is attached to a U Title or discription of Document ' containing,_pages, and dated a Vr Copyright © Develop Point Education 2015 Page 125 of 331 RESOLUTION NO. 2021-121 A RESOLUTION ACCEPTING A PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT ON BEHALF OF ST. LUCIE COUNTY EROSION DISTRICT BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, that: The foregoing Perpetual Beach Storm Damage Reduction Easement from Emerald Funding, LLC is duly accepted on behalf of St. Lucie County Erosion District this 41" day of May, 2021 subject to: • The Erosion District satisfying the U.S. Army Corps of Engineers (USACE) requirement for project land certification, including the acquisition of Perpetual Beach Storm Damage Reduction Easements along the project area, sufficient to initiate construction of the proposed federal beach project. • The Erosion District receiving the pre -determined funding from both the State and Federal Governments necessary to complete initial beach nourishment. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA w Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: w County Attorney Page 126 of 331 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: EROSION DISTRICT BOARD Mosquito Control & Coastal Management Services South County Beach & Dune Restoration Project See attached memorandum. CONSENT (X) PRESENTED BY: Richard A. Bouchard, P.E. Sr. Coastal Engineer 184-9910-599305-800 (Reserves - Erosion District) 184217-3710-531000-36203 (FDEP Grant - pending Board approval) 184217-3710-546340-36203 (FDEP Grant - pending Board approval) 39012-4115-546340-36203 (Maintenance Beach Renourishment - SHE SAD) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of recommendations (1), (2), (3), (4) and (5) as outlined in the attached agenda item. COMMISSION ACTION: { ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA, ICMA-CM County Administrator li� Coordination/Signatures County Attorney (x) OMB Director Daniel S. McIntyre Originating Dept. ( x ) aWes R. David Erosion District i (x) �v� (- Marie Gouin Patty Marston-Duva Melissa Simberfund Desiree Cimino (x) Richard ouchard AGEND378-WGOUNTY Page 127 of 331 Mosquito Control & Coastal Management Services Erosion District MEMORANDUM TO: Erosion District Board THROUGH: James R. David, Mosquito Control & Coastal Management Services Director FROM: Richard A. Bouchard, P.E., Sr. Coastal Engineer DATE: October 2, 2012 SUBJECT: South County Beach & Dune Restoration Project ITEM NO. II -A Background: St. Lucie County has initiated a non-federal project to address the severely deteriorated conditions of the South County shoreline while paralleling the development of a federal shore protection project to provide for future re -nourishment of the beaches in the project area. A benefit based funding plan was developed for this one-time local beach and dune project that includes three funding sources; State funding at 43%, Erosion District Zone E reserve funding at 23% and Special Assessment District (SAD) funding at 34%. After numerous meetings, workshops and public bearings the Board approved the assessment role and levied assessments against each parcel within the SAD on September 4, 2012. The following are all companion items that require formal Board action in order for this project to proceed: FDEP Grant Agreement 13SL1 and Budget Resolution 12-010: The Florida Beach Erosion Control Program (FBECP) is a Long -Range Budget Plan administered through the Florida Department of Environmental Protection (FDEP) to assist eligible local governments with their beach erosion control projects. A large portion of the efforts to date on the South County Beach Restoration project has been funded through this program, more specifically through FDEP Project Agreement 11 SL1. This new grant agreement will include additional state funding of $4,609,495 and a maximum local match of $5,989,482. A small portion of these grant funds are intended for reimbursement of recent pre -construction and permitting activities associated with this project which were performed utilizing Erosion District funds. The remaining state grant funds will be used in conjunction with SAD and Erosion District funds to promote construction and monitoring activities as outlined below. Budget Resolution 12-010 establishing the grant funding is also attached. Recommendation (9): Board approval of the draft FDEP Project Agreement 13SL1 and Budget Resolution No. 12-010 and authorization for the Chairman to sign documents as approved by the County Attorney. Page 128 of 331 ITEM NO. (ID # 4965) J DATE: 01/23/2018 COUNTY ` R I ID A AGENDA REQUEST *CONSENTAGENDA TO: Erosion District PRESENTED BY: Richard Bouchard, Senior Coastal Engineer SUBMITTED BY: Erosion District SUBJECT: South County Beach and Dune Restoration Project (Permit Extensions) BACKGROUND: At the request of beachfront property owners St. Lucie County completed a non-federal project to address the severely deteriorated conditions of the South County shoreline. Concurrently, the development of a federal shore protection project is underway to provide for future re -nourishment of the beaches in the project area. The one-time local project encompassed approximately 3.3 miles of Atlantic Ocean coastline, from Martin County north to Normandy Beach Park and was completed in May 2013. Substantial effort and resources went into securing state and federal permits this project. Prior to allowing these 5-year permits to lapse, staff contacted the regulatory agencies to initiate 10-year extensions. Maintaining these permits will most likely be very beneficial in the future with the proposed federalization or potential FEMA claims. It would also be very costly and time consuming to reactivate these permits once they expire. Staff recommends extending these permits an additional 10-years. PREVIOUS ACTION: October 2, 2012 - Board approval of the South County Beach and Dune Restoration Project. FINANCIAL IMPACT: There is no financial impact associated with this action. RECOMMENDATION: Staff recommends that the Erosion District Board ratify and approve the extension of federal and state permits for the South County Beach and Dune Restoration Project. COMMISSION ACTION: Page 129 of 331 RESULT: MOVER: SECONDER: ADOPTED BY CONSENT VOTE [UNANIMOUS] Cathy Townsend, District No. 5 Linda Bartz, District No. 3 Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend Coordination/Signatures anie s. McIntyre, C my ttorney 1/8/2018 Updated: 1/5/2018 2:50 PM by Richard Bouchard Page 2 Page 130 of 331 r Luc a- AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Barbara Guettler, MSBU Coordinator SUBMITTED BY: Public Works 9.B.1. RES-2019-286 PUBLIC HEARINGS -PUBLIC WORKS DATE: 12/17/2019 *RESOLUTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? NO SUBJECT: South Hutchinson Island MSTU Option "A", SHI Beach Erosion Control MSTU BACKGROUND: The County is currently investigating the feasibility of several options to partially fund the cost of providing ongoing beach and dune restoration improvements associated with a Federal beach project (from Normandy Beach south, approximately 3.4 miles, to the Martin County line). The following options are those relating to the creation of Municipal Services Taxing Units ("MSTUs"). On South Hutchinson Island, from Normandy Beach to the Martin County line, there are approximately 2848 taxable parcels east of A1A and 3430 taxable parcels west of A1A. Per Section 40-59 of the St. Lucie County Code of Ordinances, in order to preserve the County's option to levy ad valorem taxes in the MSTUs starting in 2020, the County must hold advertised public hearings and create the MSTUs prior to January 1, 2020. The creation of the MSTUs does not in any way obligate the County to levy ad valorem taxes; rather, it simply preserves the County's option to do so, if it is found to be the most feasible funding option. The determination as to how much ad valorem revenue to be raised in the MSTUs, if any, and the corresponding millage rate for each MSTU would be determined by the Board during its budget deliberations next year. Option "A" would be to create one MSTU to levy ad valorem taxes on all of the parcels on South Hutchinson Island from Normandy Beach to the Martin County line. If this option is chosen, all of the parcels within the MSTU (both east and west of A1A) would share the same millage rate to fund future beach and dune restoration projects within the MSTU boundary. This option was suggested by the Presidents Council. Option "B" would be to create an MSTU to levy ad valorem taxes on all of the parcels east of A1A from Normandy Beach to the Martin County line. This option would encompass all taxable parcels with beach frontage. Page 131 of 331 Option "C" would be to create an MSTU to levy ad valorem taxes on all of the parcels west of A1A from Normandy Beach to the Martin County line. In order to allow the Board the greatest flexibility to set and adjust separate millage rates for parcels east and west of A1A, Staff recommends a combination of Option "B" and Option "C". Creating two separate MSTUs (SHI East and SHI West) would allow Staff and the Board to research and determine a fair and equitable millage rate for each side of A1A based on the level of benefit the parcels would receive from the improvements. This would not restrict the Board from levying the same millage rate for both MSTUs if doing so is determined to be the most reasonable option. County agenda software does not allow multiple resolutions to be attached to one agenda item; therefore, each MSTU option will be considered during separate public hearings. This is the public hearing for Option "A", SHI Beach Erosion Control MSTU. PREVIOUS ACTION: November 19, 2019 - Board granted permission to advertise these public hearings. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board's disapproval of the attached resolution, SHI Beach Erosion Control MSTU. COMMISSION ACTION: RESULT: Adopt MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: December 03, 2019 Don West, Public Works Director Page 132 of 331 Date: December 03, 2019 Daniel McIntyre, County Attorney Date: December 03, 2019 Mark Satterlee, Deputy County Administrator Page 133 of 331 5.A.1. 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50618 DATE: 11/10/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - USACE Project Partnership Agreement (PPA) - ADD ON BACKGROUND: In November 2002 , the U.S. Army Corps of Engineers (USACE) completed a "Section 905(b) analysis for a "St. Lucie County ,Florida — Hurricane and Storm Damage Reduction Study" including the Study Area - from just south of Blind Creek (R-77) to the Martin County Line (R-115). This reconnaissance report recommended that the "study proceed into the feasibility phase", which was eventually initiated in 2004. Shortly afterwards, the USACE re-scoped the Federal project (reducing the proposed project area) and approved it as part of their 3x3x3 Plan; eventually receiving federal funding to move the study forward. While in the feasibility phase, storm events (including Hurricane Sandy) impacted South County Beaches. The storm damages experienced after these events warranted quick/specific action. St. Lucie County, with support from the State of Florida and local stakeholders, initiated construction of a one-time, non-federal beach restoration project in April 2013 while federal efforts continued. The project consisted of the nourishment of 3.4 miles of FDEP designated "critically eroded" Atlantic shoreline from FDEP monument R-98 (Normandy Beach) to the Martin County line (R-115). The project included placement of approximately 635,164 cubic yards of beach compatible sand from St. Lucie Shoal and was partially funded through a Special Assessment District (SAD) created for the project. A nearshore limestone boulder mitigation reef was also completed to offset project related hard -bottom impacts. Eventually, the South St. Lucie County, Florida Storm Risk Management Project Feasibility Study was completed and approved; receiving a signed Chief's Report (December 15, 2017) and federal Congressional authorization (2018 WRDA Bill). In addition, Erosion District Staff diligently pursued and secured approximately $6.4 million in state grant funds from the Florida Department of Environmental Protection (FDEP) for the initial federal beach project (FDEP Grant 19SL4 and 20SL3) and unilaterally increased the level of federal participation by 7% by creating additional public beach access at County owned beach parks. To help fund future construction efforts associated with this project, the St. Lucie County BOCC drafted and subsequently approved the South Hutchinson Island Municipal Service Taxing Unit (MSTU). Page 134 of 331 Since 2013, persistent beach erosion has continued to impact this stretch of coastline, and the previously executed project is now quickly approaching its design life expectancy (10 years). In addition, this beach area has received significant damages from Hurricane Matthew (2016), Hurricane Irma (2017), Hurricane Dorian (2019), and Hurricane Isaias (2020). The increased frequency of storm events along our coast naturally promotes the need for a long-term beach management plan/strategy. The attached Project Partnership Agreement (PPA) includes such a plan, and it is seen as the best option for the long-term stability of the southern Atlantic shoreline of St. Lucie County. Future federal participation not only assists in partially funding future beach nourishment efforts but also enhances the County's ranking in future state Beach Management Funding Assistance requests, which includes ranking metrics contingent on the level of federal participation. Execution of the attached Project Partnership Agreement (PPA) is required for the USACE to officially initiate efforts associated with the proposed federal beach project. The attached agreement includes provisions that allow permit required physical and biological monitoring to be eligible for future work in -kind credit. Non - Federal funding for the initial beach project is required prior to July 2021. Absent of federal participation, the County/local residents would be responsible for funding, initiating, and managing all future beach nourishment effort along this stretch of beach. PREVIOUS ACTION: 1999 - St. Lucie County's Erosion District initiates process to seek federal support and management of St. Lucie County's southern beaches at the direct request of South Hutchinson Island residents. 2004 - Erosion District and the U.S. Army Corps of Engineers (USACE) sign feasibility cost sharing agreement as first major step towards beach federalization. Major coastal storm impacts from Hurricanes Frances and Jeanne. 2005-2007 - Emergency dune restoration takes place with Florida Department of Environmental Protection (FDEP) and Federal Emergency Management Agency (FEMA) funding. 2013 - South County Beach impacts from Hurricane Sandy. Erosion District coordinates a one-time emergency beach nourishment project in response to beachfront residents' requests. Beach and dune restoration completed for approximately 3.4 miles of shoreline from the Martin County line north to Normandy Beach Park. 2017-2018 — Feasibility report completed and Congress authorizes the St. Lucie County, Florida Storm Risk Management Project in the 2018 Water Resources Development Act (WRDA); including a fifty (50) year project life. Federal Share of construction funded in Bipartisan Act of 2018 (PL 115-123). March 2019 — St. Lucie County successfully petitioned and receives a construction timeline extension; initial beach project construction re -scheduled for winter 2021/spring 2022. December 2019 — Public Hearing advertised and subsequent Board approval of Resolution 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Page 135 of 331 Services Taxing Unit (MSTU). September 2020 - County approves the South Hutchinson Island MSTU during final FY-20/21 budget meeting. FINANCIAL IMPACT: As of the effective date of this Agreement, total construction costs are projected (by the USACE) to be $114,794,000 over the proposed fifty (50) year project life. This includes one (1) initial beach nourishment event and two (2) follow-up re -nourishment events. The non-federal/local share of the fifty (50) year project duration is estimated at $81,968,000, with a $32,826,000 federal contribution. The total cost of the initial nourishment event (scheduled for Fy-2022/2023) is estimated at $22,894,000, consisting of an $8,013,000 federal (35%) and $14,881,000 (65%) non-federal/local cost share arrangement. RECOMMENDATION: Staff recommends Board approval of the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement (and associated documents) and authorization for the Chair to sign those documents as approved by the County Attorney. COMMISSION ACTION: RESULT: Approve MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: November 04, 2020 Glenn Henderson, Mosquito Control Director Date: November 04, 2020 Jennifer Garrity, Management Analyst Date: November 04, 2020 Jennifer Hill, Office of Management & Budget Director Page 136 of 331 Date: November 04, 2020 Daniel McIntyre, County Attorney Date: November 04, 2020 Alphonso Jefferson, Deputy County Administrator Page 137 of 331 T Op 0 Gy'Tf STATES O4 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 701 SAN MARCO BOULEVARD JACKSONVILLE, FLORIDA 32207-8175 Mr. Howard Tipton County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Sent via email to tiptonh@stlucieco.org Dear Mr. Tipton: December 9, 2020 As provided by the terms of the Project Partnership Agreement (PPA) between the Department of the Army and St. Lucie County, Florida dated December 2, 2020 (Enclosure 1), St. Lucie County, Florida agrees to provide the real property interests required for the St. Lucie County, Florida Coastal Storm Risk Management Project (Project). This letter serves as the Government's notice for the County to proceed with the acquisition of these property interests and to provide the Government with authorization for entry through a Certification of Lands. The real property interests required are located on Hutchinson Island in St. Lucie County, Florida, as shown in the enclosed maps (Enclosure 2) and identified in the enclosed Florida Department of Environmental Protection (FDEP) Permit No. 0154626- 001-JC (Enclosure 3), and are further described below: a. Perpetual beach storm damage reduction easements for the authorized project area identified in purple in Enclosure 2 that is landward of the erosion control line (ECL). b. Temporary work area easement for a minimum of 24 months for the staging areas identified in blue in Enclosure 2. c. Temporary work area easement for a minimum of 24 months for the access areas identified in pink in Enclosure 2. d. Sovereign submerged authorization from the State of Florida for the authorized project area identified in Enclosure 3, as amended, that is located seaward of the ECL. Enclosed are templates for the Certification of Lands (Enclosure 4), Attorney's Certificate of Authority (Enclosure 5), and the required language for the perpetual beach storm damage reduction easements (Enclosure 6) and the temporary work area easements (Enclosure 7). Please provide the land certification and all supporting Page 138 of 331 2 documentation by June 28, 2021 via mail to the Corps of Engineers, Jacksonville District, 701 San Marco Boulevard, Jacksonville, Florida 32207-8175. If you have any questions or require additional information, please contact Christopher Bukolt, email: Christopher.d.bukolt@usace.army. mi1, or by telephone: 904- 232-3401. Sincerely, MCQUILLEN.TI Digitally signed by MCQUILLEN.TIMOTHY.HAR MOTHY.HART.1 T.1050583305 Date: 2020.12.09 15:26:08 050583305 05,00, Timothy H. McQuillen Chief, Real Estate Division Enclosures Page 139 of 331 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50865 DATE: 12/15/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project — USACE Permitting Authorization BACKGROUND: At the request of beachfront property owners, St. Lucie County completed a non-federal beach project in 2013 to address beach erosion along the southern coastline of St. Lucie County (3.4 miles). Meanwhile, the County continued to pursue a federal shore protection project along the same shoreline. In 2018 a feasibility study for the federal project was approved by Congress. Concurrently, federal funding for initial construction was provided in the Bipartisan Act of 2018. After successfully petitioning for and receiving a construction timeline extension in early 2019, St. Lucie County's BOCC approved the South Hutchinson Island Municipal Services Taxing Unit (MSTU) in September 2020 to help fund the non-federal/non-state share of proposed construction. Subsequently, the BOCC approved the Project Partnership Agreement (PPA) with the U.S. Army Corps of Engineers (USACE) for the 50 year federal project on November 10, 2020. In preparation for initial construction (proposed winter 2021/spring 2022) staff is actively pursuing perpetual construction easements required for project bidding (July 2021). After preliminary discussions with both the USACE and the Florida Department of Environmental Protection (FDEP), and considering the similarities between the proposed federal and 2013 projects, it was determined that a minor permit modification to the County's existing state permit was the preferred permitting path for all parties. As a co -applicant, the USACE can avoid duplicative submissions and reviews already performed during the 2013 project, resulting in efficiency and cost savings. To do this, the County would need to request that the USACE be added as a co - applicant to existing permit No. 0154626-001-JC. As a co -applicant, the USACE will proposed modifications to the original design and help negotiate permit requirements consistent with the federal authorization, eventually attaining state permitting approval for initial construction. As co -applicants, County staff and our hired professional consultants will actively coordinate with USACE staff in all future modification requests to the state. PREVIOUS ACTION: Page 140 of 331 October 2, 2012 — Board approval of the 2013 South County Beach and Dune Restoration Project. January 23, 2018 — Board action to ratify and approve the extension of both federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project (Item No. 4965); permits extended through 2028. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the USACE as a co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to developed plans and attain state permits consistent with the project's congressional authorization; including approval for the Chair to sign documents associated with minor permit modification(s), as requested by the USACE and approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: December 01, 2020 Glenn Henderson, Mosquito Control Director Date: December 01, 2020 Don West, Public Works Director Date: December 02, 2020 Daniel McIntyre, County Attorney Page 141 of 331 Date: December 02, 2020 Mark Satterlee, Deputy County Administrator Page 142 of 331 3.A.6. 2021-51470 DATE: 5/4/2021 AGENDA REQUEST TO: Erosion District PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Oceanrise Condominium Association, Inc. - Parcel No. 20 - Parcel ID 4511-515-0000-000-2 BACKGROUND: In 2013, St. Lucie County partially restored South County beaches while a federal shore protection project was under development by the U.S. Army Corps of Engineers (USACE). About 3.4 miles of beach from Normandy Beach Park to the Martin County line were nourished via placement of about 635,000 cubic yards of sand on the beach and 280,000 plants on the restored dune crest. As part of preparations for the 2013 project, in 2012, the County obtained Temporary Easements from each property owner in the project area. These Temporary Easements authorized a limited use of the seaward portion of each property by the County to construct, repair, nourish, rehabilitate and replace a beach and dune over the limits of construction ... from the landward toe of the dune to the mean high water line; these project specific Temporary Easements expired on March 1, 2016. The USACE is the agency designated by Congress to protect the nation's shores from the chronic effects of erosion and coastal flooding. After completion of studies by the USACE-Jacksonville District, the U.S. Congress authorized a 50-year federal cost -shared beach project through America's Water Infrastructure Act of 2018. The USACE is expected to place sand on the project beaches to help reduce the threat of coastal storm damage and avoid the high costs of coastal storm damage as part of the Congressionally -authorized project in coordination with St. Lucie County. To effectuate the federal project, the County must obtain Easements for construction and maintenance of the federal project - comparable to the Easements obtain for the 2013 project, but with a longer duration to cover all future USACE and County efforts to construct and maintain the federal project. USACE regulations relative to Real Estate Acquisition (ER 405-1-11) include provisions for Perpetual Construction Easements so as to avoid property rights interference with operation of the project by the USACE and County. As required by Florida Statutes (161.191), an Erosion Control Line (ECL) was established by the County prior to construction of the 2013 project; the ECL effectively corresponded to the mean high water boundary between Page 143 of 331 state sovereign lands and the adjacent upland property. All lands seaward of the ECL remain vested to the state by right of its sovereignty; the lands landward of the ECL remain vested to the upland owner. Perpetual Construction Easements are required for sand placement for areas landward of the ECL. Attached for your review and acceptance is a Perpetual Beach Storm Damage Reduction Easement from Oceanrise Condominium Association, Inc. PREVIOUS ACTION: October 2, 2012 - Board approved the 2013 South County Beach and Dune Restoration Project. January 23, 2018 - Board action to ratify and approve the extension of federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project; permits extended through 2028. December 17, 2019 - Public Hearing advertised and subsequent Board approval of Resolution No. 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Services Taxing Unit (MSTU). September 2020 - Board approved the South Hutchinson Island MSTU during final FY-20/21 budget meeting. November 10, 2020 - Board approved the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement. December 9, 2020 - St. Lucie County receives a USACE official Project Land's Request, including a specific request for Perpetual Construction Easements along the proposed federal beach project area. December 15, 2020 - Board approved the U.S. Army Corps of Engineers (USACE) as co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to develop plans and attain state permits consistent with the project's congressional authorization. FINANCIAL IMPACT: N/A - Easement being donated. RECOMMENDATION: Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None Page 144 of 331 NAYS: None EXCUSED: None Coordination/Signatures Date: April 20, 2021 Katrina Slay, Agenda Coordinator Date: April 20, 2021 Daniel McIntyre, County Attorney Date: April 21, 2021 Joshua Revord, Senior Coastal Engineer Date: April 28, 2021 Don West, Public Works Director Date: April 27, 2021 Mark Satterlee, Deputy County Administrator Page 145 of 331 2020 South Hutchinson Island Coastal Storm Risk Management Project N W+E S 0.25 0.5 1 Miles Map created April 30, 2020 St. Lucie County, Florida Coastal Storm Risk Management Project PERPETUAL REACH STORM DAMAGE REDUCTION EASEMENT I'II:IS EASEMENT, made this 1 day of a__L f 4f,6A&4, _,_,....,?py�between Oceanrise Condominium AssociatiaInc., whose address is 10310 S Ocean DI -Suite 105 Jensen Beach FL 34957. hereinafter referred to as the "Grantor", and 5t, Lucie out Erosion Distr herei na.tter referred to as the "Grantee whose address is 2300 Vir ins e t Ave. Fort pierce F14982, (Wherever caned herein the terms "(grantor" and' Gf nice" airali include singul;tr and plural, heirs, legal reprcsentntivos, arrd assigns of individuals, and the succ essors anti assilrus oi'corporatiorsti, wErerevOr the content so admits or requires ) WiTNESSETH: WHEREAS, GRANTOR owns beachfiont property described in Exhibit "A", incorporated by reference and trade a part hereof; and WIlLREAS, GRANTEE and the Department of the Army have entered into a Project partnership Agreement for the St, Lucie County, Florida Coastal Storm Risk Management Project (tile "Project") whereby GRANTEE has agreed to be the Local Sponsor for the project, which provides for beach and dune nourishment within the South Hutchinson Island reach; and WHEREAS, as Local Sponsor for the Project, GRANTEE is required to obtain "perpetual beach storm damage reduction" easements from owners of property in the South Hutchinson Island reach, such as GRANTOR; and WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage to GRANTOR's property and restore the adjacent beach and dune, NOW THEREFORE, in consideration of the mutual benefits to be derived from the permitted uses described below and other good and valuable consideration, the receipt arrd sufficiency of which are hereby acknowledged, the Parties to this easement agree to the following: GRANTOR does hereby bargain, convey, and grant it perpetual and assignable casement 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 GRANTEE, its representatives, agents, contractors, and assigns to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace; a public beach a 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 berets 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 worst 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 and access; to plant vegetation on said dunes and berms; to erect, maintain and remove silt screens and sand fences; to facilitate preservation of dunes and vegetation through the limitation of access to dune areas; to trier, cut, fell, and remove from said land all trees, underbr-ush, debris, obstructions, and any other vegetation, structures and obstacles within the limits of the easement; reserving, however, to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns, the right to construct dune overwaik 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 forsuch structures is obtained from the designated representative of the Project Sponsor and provided further that sueb structures are subordinate to the construction, operation, maintenance, repair, rehabilitation and replacement of the project; and further reserving to the grantor(s), (his) (her). (its) (their) (heirs), successors and assigns all such rights and privileges as may be used and enjoyed without interfering with or abridging the rights and easements hereby acquired; subject, however, to existing easenrettts for public roads and highways, public utilities, railroads and pipelines. GRANTOR arid GRANTEE shall each be responsible for their own acts of negligence when acting within the scope of this Easement and shall only be liable for any damages resulting from their own negligence. %Nothing herein is intended to be a waiver of sovereign immunity or of any applicable statutory limitations of liability, including, but not limited to, Section 768.28, Florida Statutes, by GRANTEE (or GRANTOR if applicable). Nothing herein shall be construed as consent by GRANTOR or GRANTEE w be sued by third parties in any manner arising out of this Easement. This Easement shall become effective upon proper execution by GRANTOR. Page 147 of 331 The covenants, rights, privileges, restrictions, and reservations set forth herein shall run with the land. The terms and conditions of this Easement shall be deemed severable. Consequently, if any terrn or condition in this Easement shall be held illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and not withstanding any such determination, this Lasement shall continue in full force and effect unless the particular term or condition held illegal or void renders the balance of the kasement impossible to perform. IN WITNESS WHEREOF, GRANTOR has set hereto its hand and seal on the day and year above written, Signed, sealed and delivered in the presence of: t Witness Signatttrei Print Witness Name i Jr` t �au iv Witness Signature �-- Print Witness Name�lef�f� STATE OF`w'i Oda COUNTY OF (4C-i e Cicctuirise Condominium Assn flan, to Signature W Title �— The fategoiiw instrut ent was acknowledged before me by means of V physical presence or online notarization, this .day of' ti nc�li� 202 t , by . `^ ...... Ir1tr.... ...... ..... ....... .._---- .--- ..... .......... ......—_----------- • of Oceanrise Condominium Association Itfc,, on behalf of the corporation, [Id/She is personally known tome or has produced as identification. (NOTALRY SEAL] l`Iotary Publ My Commission Page 148 of 331 rn �. EXHIBIT "A" 1 1 , 1 t r R-t07 ` ,.LANDWARD LIMITS Or CONSTRUCTION s s 1" — 600 FEET R-"3 , 0 MEAN 111Gti WATER LINE .. ........____.._... O, 't i ELEVATION = 0.51 NAVD 88 JANUARY 48. 2012 t , R, P t� ATLANTIC 5 , 2, TOWNSHP13'1& RANGE.41E - ,,,•„.,_-Oe_.__ 11, TOWNSP 37S, RANGE 41E HIl 1' - 1 O (Mk l' r:,r- ,,O#''0SW EASEF M' f E IETAL 8WET 3) t f 11 12 LEGEND '2 P.O.B. - POINT OF BEGINNING NAD = NORTH AMERICAN DATUM _ � NAV❑ 88 = NORTH AMER [CAN VERTICAL DATUM OF 1988Tiu� l R--IO2 = FDEP RANGE MONUMENT TYP I \ q - - - MEAN HIGH WATER LINE AND EROSION "- n CONTROL LINE AS LOCATED JANUARY 18, 2012 +........ _L. -- `-- ----- PROPOSED LANDWARD LIMITS OF CONSTRUCTION AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION , sl PROPOSED EASEMENT AREA { ` _-.-..,.., .....,.,...... . Morgain & Eklund Inc. aaa PROFESSIONAL SURVEY GONBULTANT8 a to-A 8746 US H{AY j1M& P.O. � 140 t1SG SN 15�T - -WAY 52070 OVA MAGL FL � 41 P-5wNONE- (04)424i21O-Lk2 FX)) ws-&5 FAX- (6 )Y L8 "4US SWU OF LEGAL DESC TON OMAW OOFI IRM AS5 MTON, SIC. WIN ST. = CONY WCH RESTORAM FOR ST. LLB COMITY ER DISW awm n r as rr mp lone 6;w a ftW J F, a ,� r., . I .35117-s 609 on sa. = w Page 149 of 331 Page 150 of 331 i 0 ry z° 0 c a s 1s EXHIBIT "A" t MEAN HIGH WATER LINE ELEVATION = 0,51 NAVE) 88 JANUARY 18, 2012 � Ar/r PROPOSED A ATLANTIC TIC W� /.awe 7 (0.821 Ac.) 4511 51500000002ul AND ALL CONDOMINIUM UNIT OGr OWNERS OCEANRIS / 'r CONDOMINIUM ASSOCIATION, INC. OG'EAN 0 10310 S OCEAN DR SUITE 105 .__......_..__._.—,w.-._..,... �� JENS1� N BEACH, FL 34957j� m - �. LANDWARD LIMITS OF � CONSTRUCTION t..--.----'� DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT THAT PORTION OF LANDS iDESCRIBEE) AND RECORDED IN OFFICIAL RECORDS BOOK 313, PAGE 2307, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE' COMM ENCING AT A DEPARTMENT OF NATURAL RESOURCES MONUMENT STAMPED 94 77 A06, HAVING COORDINATES .OF NORTHING 1.079,167,89 FEET AND EASTING OF 909,950,79 FEET AS REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, 1990 A0,IUSTMENT (NAD83)90), PROCEED ALONG A BEARING OF N 14' 22' 29" W FOR A DISTANCE OF 2.970.72 FEET TO A SET IRON ROD AND CAP STAMPED R98-18 2012, HAVING COORDINATES OF NORTHING 1,081,985,60 FEET AND EASTING 909,213.27 FEET; THENCE S 27" 39' 18" E FOR A DISTANCE OF 221.81 FEET TO A POINT; HAVING COORDINATES OF NORTHING 1,081,789.13 FEET AND EASTING OF 909,316.22 FEET, SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED LANDWARD LIMITS OF CONSTRUCTION LINE; THENCE S 23° 01' 00" E FOR A DISTANCE OF 757.60 FEET TO A POINT; THENCE S 21` 45' 01" E FOR A DISTANCE OF 990,30 FEET TO A POINT; THENCE S 22' 40' 46" E FOR A DISTANCE OF 988.27 FEET TO A POINT; THENCE S 20' 27` 48" E FOR A DISTANCE OF 974.64 FEET TO A POINT; THENCE S 20' 39' 36" E FOR A DISTANCE OF 987.46 FEET TO A POINT; THENCE S 22' 42' S0" E FOR A DISTANCE OF 972.76 FEET TO A POINT; THENCE S 23° 29' 45" E FOR A DISTANCE OF 1008.81 FEET TO A POINT; THENCE S 22' 12' 18" E FOR A DISTANCE OF 940.81 FEET TO A POINT; THENCE S 22' 16' 46" E FOR A DISTANCE OF 854.48 FEET TO A POINT; 1 HENCE 5 19' 36` 39" E FOR A DISTANCE OF 386.32 FEET TO A POINT; THENCE S 23' 36' 20" E FOR A DISTANCE OF 977.16 FEET TO A POINT; THENCE S 23` 57' 25" E FOR A DISTANCE OF 1104.24 FEET TO A POINT; THENCE S 24' 26' 17" E FOR A DISTANCE OF 1082.21 FEET TO A POINT; THENCE S 23' 50' 11" E FOR A DISTANCE OF 603,61 FEET TO A POINT; THENCE S 22` 36' 27" E FOR A DISTANCE OF 11".03 FEET TO A POINT; THENCE S 22' 14' 48" E FOR A DISTANCE OF 1010.56 FEET TO A POINT; THENCE S 22" 36' 24" E FOR A DISTANCE OF 787,45 FEET TO A POINT; THFNCE S 22' 56' 21" E FOR A DISTANCE OF 1983.23 FEET TO THE POINT OF TEIZIVIINATION, HAVING COORDINATES OF NORTHING 1,065,595.88 FEET AND EASTING OF 916,066.51 FEET, SAID POINT BEING 26.84 FEET DISTANT FROM A DEPARTMENT OF NATURAL RESOURCES MONUMENT PL-R-1 4.9-92 1992 (HAVING COORDINATES OF NORTHING 1,065:574.82 FEET AND EASTING 916,061,88 FE:.E.T NAD 83190) ALONG A BEARING OF N 38' 16' 07" F. "SEE BHFET 2 FOR SKETCH OF LEGAL DESCRIPTION" NOTES: THIS IS NOT A SURVEY, LANDS.SHOWN HEREON wERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, OWNERSHIP OR EASEMENTS OF RECORD ctnTrt7C� aF SUR.EYDR - HIRVW C,RVFY rater 7HE INFORMATM SHOWN HMM IS IN 4CL1%9MWE NTTH A RE7;'ENT FAaD SURVEY NOT VALID WITHOUT THE SIGNATURE AND THE ORECINAL RAISED SEAL OF A FLORIDA Li[ ENSED SURVEYOR WOE UNDER W DIR£CT70,V, AND TENT IT 15 T77W AND CORRECT TO 7W OF MY KWK DGE 00 SCLAEF AND .NETTS TN6 SANDARDS AND MAPPER 2 tPRAcrtr� as SU R zRni BY -IME a3 iM4 &WRO OF PRor�ssOW COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. LARD SURVEYORS !N aWPMR 5J-T7-FTTIRTDA &WINSM47AT WoG,E PiJRsuor TO smfox 47a:027., fLCR1Lw 5"r4TVTE"S. BEARINGS AND COORDINATES ARE REFERENCED TO THE FLONDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990. PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WASH PROVIDED By THE ST LUCIE COUNTY CIS DEPARTMENT, " LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL 7SCHNOLOGY CORPORATION. R s spy STATE W FiDRIJM .. Margun & Eklund Inc. FROPEOSIONAL BURYEY CONA IL.TANTS b 8748 US Fi*WAY #i R,O. Box 142E 1169 SW 1 ST WY P11 {( �i 368-Z384 P (9a4 4,^1-6EB21 iA1G: (772) 3E8-J1&S iA1(: {er ) ti21-o425 LE 44"s SM OF UMk.. OMANW COMM" ASM", W.1. FIN ST LU C+Un41 i EROM I f a�ww a dq x . I —b r a- rx cr swur LF(� L1L^}i; art /n - OYAWnW xn a51r7-� _anxr 1` = 21111' aa[ 1 i T3Ct2U sW 3 ur : Page 151 of 331 Waiver of Right to Receive Fair Market Value WHEREAS (Owner) desires to donate to St. Lucie County Erosion District, a dependent special district of St. Lucie County, a political subdivision of the State of Florida, a perpetual beach storm damage reduction easement, to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace a public beach dune system, and other erosion control and storm damage reduction measures associated with The St. Lucie County, Florida Coastal Storm Risk Management Project (PROJECT NAME). AND WHEREAS under the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended, any landowner donating lands, easements, rights -of -way, and dredged material disposal areas for construction and subsequent operation and maintenance for Federal or Federally assisted projects is entitled to receive fair market value as compensation for said property. NOW BE IT KNOWN that the landowner hereby acknowledges the fact that he/she/it is aware of the right to receive fair market value for the above -described easement and does hereby forever waive such right to receive fair market value for the easement. This waiver is binding upon said landowners, his/her/its heirs, successors, and assigns. Witness Signatur . Print Witness Name: ee Witness Signature:"__WXZ1 �L Print Witness Name Occanrise Condominium Association, Inc. Signature; 4 l f'll. 1 j Title:�L�r Date: 3 `21 Page 152 of 331 RESOLUTION NO. 2021-122 A RESOLUTION ACCEPTING A PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT ON BEHALF OF ST. LUCIE COUNTY EROSION DISTRICT BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, that: The foregoing Perpetual Beach Storm Damage Reduction Easement from Oceanrise Condominium Association, Inc. is duly accepted on behalf of St. Lucie County Erosion District this 4t" day of May, 2021 subject to: • The Erosion District satisfying the U.S. Army Corps of Engineers (USACE) requirement for project land certification, including the acquisition of Perpetual Beach Storm Damage Reduction Easements along the project area, sufficient to initiate construction of the proposed federal beach project. • The Erosion District receiving the pre -determined funding from both the State and Federal Governments necessary to complete initial beach nourishment. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA w Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: w County Attorney Page 153 of 331 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: EROSION DISTRICT BOARD Mosquito Control & Coastal Management Services South County Beach & Dune Restoration Project See attached memorandum. CONSENT (X) PRESENTED BY: Richard A. Bouchard, P.E. Sr. Coastal Engineer 184-9910-599305-800 (Reserves - Erosion District) 184217-3710-531000-36203 (FDEP Grant - pending Board approval) 184217-3710-546340-36203 (FDEP Grant - pending Board approval) 39012-4115-546340-36203 (Maintenance Beach Renourishment - SHE SAD) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of recommendations (1), (2), (3), (4) and (5) as outlined in the attached agenda item. COMMISSION ACTION: { ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA, ICMA-CM County Administrator li� Coordination/Signatures County Attorney (x) OMB Director Daniel S. McIntyre Originating Dept. ( x ) aWes R. David Erosion District i (x) �v� (- Marie Gouin Patty Marston-Duva Melissa Simberfund Desiree Cimino (x) Richard ouchard AGEND378-WGOUNTY Page 154 of 331 Mosquito Control & Coastal Management Services Erosion District MEMORANDUM TO: Erosion District Board THROUGH: James R. David, Mosquito Control & Coastal Management Services Director FROM: Richard A. Bouchard, P.E., Sr. Coastal Engineer DATE: October 2, 2012 SUBJECT: South County Beach & Dune Restoration Project ITEM NO. II -A Background: St. Lucie County has initiated a non-federal project to address the severely deteriorated conditions of the South County shoreline while paralleling the development of a federal shore protection project to provide for future re -nourishment of the beaches in the project area. A benefit based funding plan was developed for this one-time local beach and dune project that includes three funding sources; State funding at 43%, Erosion District Zone E reserve funding at 23% and Special Assessment District (SAD) funding at 34%. After numerous meetings, workshops and public bearings the Board approved the assessment role and levied assessments against each parcel within the SAD on September 4, 2012. The following are all companion items that require formal Board action in order for this project to proceed: FDEP Grant Agreement 13SL1 and Budget Resolution 12-010: The Florida Beach Erosion Control Program (FBECP) is a Long -Range Budget Plan administered through the Florida Department of Environmental Protection (FDEP) to assist eligible local governments with their beach erosion control projects. A large portion of the efforts to date on the South County Beach Restoration project has been funded through this program, more specifically through FDEP Project Agreement 11 SL1. This new grant agreement will include additional state funding of $4,609,495 and a maximum local match of $5,989,482. A small portion of these grant funds are intended for reimbursement of recent pre -construction and permitting activities associated with this project which were performed utilizing Erosion District funds. The remaining state grant funds will be used in conjunction with SAD and Erosion District funds to promote construction and monitoring activities as outlined below. Budget Resolution 12-010 establishing the grant funding is also attached. Recommendation (9): Board approval of the draft FDEP Project Agreement 13SL1 and Budget Resolution No. 12-010 and authorization for the Chairman to sign documents as approved by the County Attorney. Page 155 of 331 ITEM NO. (ID # 4965) J DATE: 01/23/2018 COUNTY ` R I ID A AGENDA REQUEST *CONSENTAGENDA TO: Erosion District PRESENTED BY: Richard Bouchard, Senior Coastal Engineer SUBMITTED BY: Erosion District SUBJECT: South County Beach and Dune Restoration Project (Permit Extensions) BACKGROUND: At the request of beachfront property owners St. Lucie County completed a non-federal project to address the severely deteriorated conditions of the South County shoreline. Concurrently, the development of a federal shore protection project is underway to provide for future re -nourishment of the beaches in the project area. The one-time local project encompassed approximately 3.3 miles of Atlantic Ocean coastline, from Martin County north to Normandy Beach Park and was completed in May 2013. Substantial effort and resources went into securing state and federal permits this project. Prior to allowing these 5-year permits to lapse, staff contacted the regulatory agencies to initiate 10-year extensions. Maintaining these permits will most likely be very beneficial in the future with the proposed federalization or potential FEMA claims. It would also be very costly and time consuming to reactivate these permits once they expire. Staff recommends extending these permits an additional 10-years. PREVIOUS ACTION: October 2, 2012 - Board approval of the South County Beach and Dune Restoration Project. FINANCIAL IMPACT: There is no financial impact associated with this action. RECOMMENDATION: Staff recommends that the Erosion District Board ratify and approve the extension of federal and state permits for the South County Beach and Dune Restoration Project. COMMISSION ACTION: Page 156 of 331 RESULT: MOVER: SECONDER: ADOPTED BY CONSENT VOTE [UNANIMOUS] Cathy Townsend, District No. 5 Linda Bartz, District No. 3 Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend Coordination/Signatures anie s. McIntyre, C my ttorney 1/8/2018 Updated: 1/5/2018 2:50 PM by Richard Bouchard Page 2 Page 157 of 331 r Luc a- AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Barbara Guettler, MSBU Coordinator SUBMITTED BY: Public Works 9.B.1. RES-2019-286 PUBLIC HEARINGS -PUBLIC WORKS DATE: 12/17/2019 *RESOLUTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? NO SUBJECT: South Hutchinson Island MSTU Option "A", SHI Beach Erosion Control MSTU BACKGROUND: The County is currently investigating the feasibility of several options to partially fund the cost of providing ongoing beach and dune restoration improvements associated with a Federal beach project (from Normandy Beach south, approximately 3.4 miles, to the Martin County line). The following options are those relating to the creation of Municipal Services Taxing Units ("MSTUs"). On South Hutchinson Island, from Normandy Beach to the Martin County line, there are approximately 2848 taxable parcels east of A1A and 3430 taxable parcels west of A1A. Per Section 40-59 of the St. Lucie County Code of Ordinances, in order to preserve the County's option to levy ad valorem taxes in the MSTUs starting in 2020, the County must hold advertised public hearings and create the MSTUs prior to January 1, 2020. The creation of the MSTUs does not in any way obligate the County to levy ad valorem taxes; rather, it simply preserves the County's option to do so, if it is found to be the most feasible funding option. The determination as to how much ad valorem revenue to be raised in the MSTUs, if any, and the corresponding millage rate for each MSTU would be determined by the Board during its budget deliberations next year. Option "A" would be to create one MSTU to levy ad valorem taxes on all of the parcels on South Hutchinson Island from Normandy Beach to the Martin County line. If this option is chosen, all of the parcels within the MSTU (both east and west of A1A) would share the same millage rate to fund future beach and dune restoration projects within the MSTU boundary. This option was suggested by the Presidents Council. Option "B" would be to create an MSTU to levy ad valorem taxes on all of the parcels east of A1A from Normandy Beach to the Martin County line. This option would encompass all taxable parcels with beach frontage. Page 158 of 331 Option "C" would be to create an MSTU to levy ad valorem taxes on all of the parcels west of A1A from Normandy Beach to the Martin County line. In order to allow the Board the greatest flexibility to set and adjust separate millage rates for parcels east and west of A1A, Staff recommends a combination of Option "B" and Option "C". Creating two separate MSTUs (SHI East and SHI West) would allow Staff and the Board to research and determine a fair and equitable millage rate for each side of A1A based on the level of benefit the parcels would receive from the improvements. This would not restrict the Board from levying the same millage rate for both MSTUs if doing so is determined to be the most reasonable option. County agenda software does not allow multiple resolutions to be attached to one agenda item; therefore, each MSTU option will be considered during separate public hearings. This is the public hearing for Option "A", SHI Beach Erosion Control MSTU. PREVIOUS ACTION: November 19, 2019 - Board granted permission to advertise these public hearings. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board's disapproval of the attached resolution, SHI Beach Erosion Control MSTU. COMMISSION ACTION: RESULT: Adopt MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: December 03, 2019 Don West, Public Works Director Page 159 of 331 Date: December 03, 2019 Daniel McIntyre, County Attorney Date: December 03, 2019 Mark Satterlee, Deputy County Administrator Page 160 of 331 5.A.1. 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50618 DATE: 11/10/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - USACE Project Partnership Agreement (PPA) - ADD ON BACKGROUND: In November 2002 , the U.S. Army Corps of Engineers (USACE) completed a "Section 905(b) analysis for a "St. Lucie County ,Florida — Hurricane and Storm Damage Reduction Study" including the Study Area - from just south of Blind Creek (R-77) to the Martin County Line (R-115). This reconnaissance report recommended that the "study proceed into the feasibility phase", which was eventually initiated in 2004. Shortly afterwards, the USACE re-scoped the Federal project (reducing the proposed project area) and approved it as part of their 3x3x3 Plan; eventually receiving federal funding to move the study forward. While in the feasibility phase, storm events (including Hurricane Sandy) impacted South County Beaches. The storm damages experienced after these events warranted quick/specific action. St. Lucie County, with support from the State of Florida and local stakeholders, initiated construction of a one-time, non-federal beach restoration project in April 2013 while federal efforts continued. The project consisted of the nourishment of 3.4 miles of FDEP designated "critically eroded" Atlantic shoreline from FDEP monument R-98 (Normandy Beach) to the Martin County line (R-115). The project included placement of approximately 635,164 cubic yards of beach compatible sand from St. Lucie Shoal and was partially funded through a Special Assessment District (SAD) created for the project. A nearshore limestone boulder mitigation reef was also completed to offset project related hard -bottom impacts. Eventually, the South St. Lucie County, Florida Storm Risk Management Project Feasibility Study was completed and approved; receiving a signed Chief's Report (December 15, 2017) and federal Congressional authorization (2018 WRDA Bill). In addition, Erosion District Staff diligently pursued and secured approximately $6.4 million in state grant funds from the Florida Department of Environmental Protection (FDEP) for the initial federal beach project (FDEP Grant 19SL4 and 20SL3) and unilaterally increased the level of federal participation by 7% by creating additional public beach access at County owned beach parks. To help fund future construction efforts associated with this project, the St. Lucie County BOCC drafted and subsequently approved the South Hutchinson Island Municipal Service Taxing Unit (MSTU). Page 161 of 331 Since 2013, persistent beach erosion has continued to impact this stretch of coastline, and the previously executed project is now quickly approaching its design life expectancy (10 years). In addition, this beach area has received significant damages from Hurricane Matthew (2016), Hurricane Irma (2017), Hurricane Dorian (2019), and Hurricane Isaias (2020). The increased frequency of storm events along our coast naturally promotes the need for a long-term beach management plan/strategy. The attached Project Partnership Agreement (PPA) includes such a plan, and it is seen as the best option for the long-term stability of the southern Atlantic shoreline of St. Lucie County. Future federal participation not only assists in partially funding future beach nourishment efforts but also enhances the County's ranking in future state Beach Management Funding Assistance requests, which includes ranking metrics contingent on the level of federal participation. Execution of the attached Project Partnership Agreement (PPA) is required for the USACE to officially initiate efforts associated with the proposed federal beach project. The attached agreement includes provisions that allow permit required physical and biological monitoring to be eligible for future work in -kind credit. Non - Federal funding for the initial beach project is required prior to July 2021. Absent of federal participation, the County/local residents would be responsible for funding, initiating, and managing all future beach nourishment effort along this stretch of beach. PREVIOUS ACTION: 1999 - St. Lucie County's Erosion District initiates process to seek federal support and management of St. Lucie County's southern beaches at the direct request of South Hutchinson Island residents. 2004 - Erosion District and the U.S. Army Corps of Engineers (USACE) sign feasibility cost sharing agreement as first major step towards beach federalization. Major coastal storm impacts from Hurricanes Frances and Jeanne. 2005-2007 - Emergency dune restoration takes place with Florida Department of Environmental Protection (FDEP) and Federal Emergency Management Agency (FEMA) funding. 2013 - South County Beach impacts from Hurricane Sandy. Erosion District coordinates a one-time emergency beach nourishment project in response to beachfront residents' requests. Beach and dune restoration completed for approximately 3.4 miles of shoreline from the Martin County line north to Normandy Beach Park. 2017-2018 — Feasibility report completed and Congress authorizes the St. Lucie County, Florida Storm Risk Management Project in the 2018 Water Resources Development Act (WRDA); including a fifty (50) year project life. Federal Share of construction funded in Bipartisan Act of 2018 (PL 115-123). March 2019 — St. Lucie County successfully petitioned and receives a construction timeline extension; initial beach project construction re -scheduled for winter 2021/spring 2022. December 2019 — Public Hearing advertised and subsequent Board approval of Resolution 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Page 162 of 331 Services Taxing Unit (MSTU). September 2020 - County approves the South Hutchinson Island MSTU during final FY-20/21 budget meeting. FINANCIAL IMPACT: As of the effective date of this Agreement, total construction costs are projected (by the USACE) to be $114,794,000 over the proposed fifty (50) year project life. This includes one (1) initial beach nourishment event and two (2) follow-up re -nourishment events. The non-federal/local share of the fifty (50) year project duration is estimated at $81,968,000, with a $32,826,000 federal contribution. The total cost of the initial nourishment event (scheduled for Fy-2022/2023) is estimated at $22,894,000, consisting of an $8,013,000 federal (35%) and $14,881,000 (65%) non-federal/local cost share arrangement. RECOMMENDATION: Staff recommends Board approval of the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement (and associated documents) and authorization for the Chair to sign those documents as approved by the County Attorney. COMMISSION ACTION: RESULT: Approve MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: November 04, 2020 Glenn Henderson, Mosquito Control Director Date: November 04, 2020 Jennifer Garrity, Management Analyst Date: November 04, 2020 Jennifer Hill, Office of Management & Budget Director Page 163 of 331 Date: November 04, 2020 Daniel McIntyre, County Attorney Date: November 04, 2020 Alphonso Jefferson, Deputy County Administrator Page 164 of 331 T Op 0 Gy'Tf STATES O4 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 701 SAN MARCO BOULEVARD JACKSONVILLE, FLORIDA 32207-8175 Mr. Howard Tipton County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Sent via email to tiptonh@stlucieco.org Dear Mr. Tipton: December 9, 2020 As provided by the terms of the Project Partnership Agreement (PPA) between the Department of the Army and St. Lucie County, Florida dated December 2, 2020 (Enclosure 1), St. Lucie County, Florida agrees to provide the real property interests required for the St. Lucie County, Florida Coastal Storm Risk Management Project (Project). This letter serves as the Government's notice for the County to proceed with the acquisition of these property interests and to provide the Government with authorization for entry through a Certification of Lands. The real property interests required are located on Hutchinson Island in St. Lucie County, Florida, as shown in the enclosed maps (Enclosure 2) and identified in the enclosed Florida Department of Environmental Protection (FDEP) Permit No. 0154626- 001-JC (Enclosure 3), and are further described below: a. Perpetual beach storm damage reduction easements for the authorized project area identified in purple in Enclosure 2 that is landward of the erosion control line (ECL). b. Temporary work area easement for a minimum of 24 months for the staging areas identified in blue in Enclosure 2. c. Temporary work area easement for a minimum of 24 months for the access areas identified in pink in Enclosure 2. d. Sovereign submerged authorization from the State of Florida for the authorized project area identified in Enclosure 3, as amended, that is located seaward of the ECL. Enclosed are templates for the Certification of Lands (Enclosure 4), Attorney's Certificate of Authority (Enclosure 5), and the required language for the perpetual beach storm damage reduction easements (Enclosure 6) and the temporary work area easements (Enclosure 7). Please provide the land certification and all supporting Page 165 of 331 2 documentation by June 28, 2021 via mail to the Corps of Engineers, Jacksonville District, 701 San Marco Boulevard, Jacksonville, Florida 32207-8175. If you have any questions or require additional information, please contact Christopher Bukolt, email: Christopher.d.bukolt@usace.army. mi1, or by telephone: 904- 232-3401. Sincerely, MCQUILLEN.TI Digitally signed by MCQUILLEN.TIMOTHY.HAR MOTHY.HART.1 T.1050583305 Date: 2020.12.09 15:26:08 050583305 05,00, Timothy H. McQuillen Chief, Real Estate Division Enclosures Page 166 of 331 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50865 DATE: 12/15/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project — USACE Permitting Authorization BACKGROUND: At the request of beachfront property owners, St. Lucie County completed a non-federal beach project in 2013 to address beach erosion along the southern coastline of St. Lucie County (3.4 miles). Meanwhile, the County continued to pursue a federal shore protection project along the same shoreline. In 2018 a feasibility study for the federal project was approved by Congress. Concurrently, federal funding for initial construction was provided in the Bipartisan Act of 2018. After successfully petitioning for and receiving a construction timeline extension in early 2019, St. Lucie County's BOCC approved the South Hutchinson Island Municipal Services Taxing Unit (MSTU) in September 2020 to help fund the non-federal/non-state share of proposed construction. Subsequently, the BOCC approved the Project Partnership Agreement (PPA) with the U.S. Army Corps of Engineers (USACE) for the 50 year federal project on November 10, 2020. In preparation for initial construction (proposed winter 2021/spring 2022) staff is actively pursuing perpetual construction easements required for project bidding (July 2021). After preliminary discussions with both the USACE and the Florida Department of Environmental Protection (FDEP), and considering the similarities between the proposed federal and 2013 projects, it was determined that a minor permit modification to the County's existing state permit was the preferred permitting path for all parties. As a co -applicant, the USACE can avoid duplicative submissions and reviews already performed during the 2013 project, resulting in efficiency and cost savings. To do this, the County would need to request that the USACE be added as a co - applicant to existing permit No. 0154626-001-JC. As a co -applicant, the USACE will proposed modifications to the original design and help negotiate permit requirements consistent with the federal authorization, eventually attaining state permitting approval for initial construction. As co -applicants, County staff and our hired professional consultants will actively coordinate with USACE staff in all future modification requests to the state. PREVIOUS ACTION: Page 167 of 331 October 2, 2012 — Board approval of the 2013 South County Beach and Dune Restoration Project. January 23, 2018 — Board action to ratify and approve the extension of both federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project (Item No. 4965); permits extended through 2028. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the USACE as a co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to developed plans and attain state permits consistent with the project's congressional authorization; including approval for the Chair to sign documents associated with minor permit modification(s), as requested by the USACE and approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: December 01, 2020 Glenn Henderson, Mosquito Control Director Date: December 01, 2020 Don West, Public Works Director Date: December 02, 2020 Daniel McIntyre, County Attorney Page 168 of 331 Date: December 02, 2020 Mark Satterlee, Deputy County Administrator Page 169 of 331 3.A.7. 2021-51471 DATE: 5/4/2021 AGENDA REQUEST TO: Erosion District PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Island Dunes Oceanside II Condominium Association, Inc. - Parcel No. 39B - Parcel ID 3535-322-0003-000-2 BACKGROUND: In 2013, St. Lucie County partially restored South County beaches while a federal shore protection project was under development by the U.S. Army Corps of Engineers (USACE). About 3.4 miles of beach from Normandy Beach Park to the Martin County line were nourished via placement of about 635,000 cubic yards of sand on the beach and 280,000 plants on the restored dune crest. As part of preparations for the 2013 project, in 2012, the County obtained Temporary Easements from each property owner in the project area. These Temporary Easements authorized a limited use of the seaward portion of each property by the County to construct, repair, nourish, rehabilitate and replace a beach and dune over the limits of construction ... from the landward toe of the dune to the mean high water line; these project specific Temporary Easements expired on March 1, 2016. The USACE is the agency designated by Congress to protect the nation's shores from the chronic effects of erosion and coastal flooding. After completion of studies by the USACE-Jacksonville District, the U.S. Congress authorized a 50-year federal cost -shared beach project through America's Water Infrastructure Act of 2018. The USACE is expected to place sand on the project beaches to help reduce the threat of coastal storm damage and avoid the high costs of coastal storm damage as part of the Congressionally -authorized project in coordination with St. Lucie County. To effectuate the federal project, the County must obtain Easements for construction and maintenance of the federal project - comparable to the Easements obtain for the 2013 project, but with a longer duration to cover all future USACE and County efforts to construct and maintain the federal project. USACE regulations relative to Real Estate Acquisition (ER 405-1-11) include provisions for Perpetual Construction Easements so as to avoid property rights interference with operation of the project by the USACE and County. As required by Florida Statutes (161.191), an Erosion Control Line (ECL) was established by the County prior to construction of the 2013 project; the ECL effectively corresponded to the mean high water boundary between Page 170 of 331 state sovereign lands and the adjacent upland property. All lands seaward of the ECL remain vested to the state by right of its sovereignty; the lands landward of the ECL remain vested to the upland owner. Perpetual Construction Easements are required for sand placement for areas landward of the ECL. Attached for your review and acceptance is a Perpetual Beach Storm Damage Reduction Easement from Island Dunes Oceanside II Condominium Association, Inc. PREVIOUS ACTION: October 2, 2012 - Board approved the 2013 South County Beach and Dune Restoration Project. January 23, 2018 - Board action to ratify and approve the extension of federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project; permits extended through 2028. December 17, 2019 - Public Hearing advertised and subsequent Board approval of Resolution No. 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Services Taxing Unit (MSTU). September 2020 - Board approved the South Hutchinson Island MSTU during final FY-20/21 budget meeting. November 10, 2020 - Board approved the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement. December 9, 2020 - St. Lucie County receives a USACE official Project Land's Request, including a specific request for Perpetual Construction Easements along the proposed federal beach project area. December 15, 2020 - Board approved the U.S. Army Corps of Engineers (USACE) as co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to develop plans and attain state permits consistent with the project's congressional authorization. FINANCIAL IMPACT: N/A - Easement being donated. RECOMMENDATION: Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None Page 171 of 331 NAYS: None EXCUSED: None Coordination/Signatures Date: April 21, 2021 Katrina Slay, Agenda Coordinator Date: April 22, 2021 Daniel McIntyre, County Attorney Date: April 22, 2021 Joshua Revord, Senior Coastal Engineer Date: April 28, 2021 Don West, Public Works Director Date: April 27, 2021 Mark Satterlee, Deputy County Administrator Page 172 of 331 2020 South Hutchinson Island Coastal Storm Risk Management Project N W+E S 0.25 0.5 1 Miles Map created April 30, 2020 St. Lucie County, Florida Coastal Storm Risk. Management Project PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT THIS EASEMENT, made this If day of 20p, between Island Dunes Oceanside II Condominium Association, Inc., whose address is 8880 S Ocean Dr Jensen Beach FL 34957, hereinafter referred to as the "Grantor", and St. Lucie County Erosion District, whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter referred to as the "Grantee". (Wherever used herein the terms "Grantor" and "Grantec" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: WHEREAS, GRANTOR owns beachfront property described in Exhibit "A", incorporated by reference and made a part hereof; and WHEREAS, GRANTEE and the Department of the Army have entered into a Project Partnership Agreement for the St. Lucie County, Florida Coastal Storm Risk Management Project (the "Project") whereby GRANTEE has agreed to be the Local Sponsor for the Project, which provides for beach and dune nourishment within the South Hutchinson Island reach; and WHEREAS, as Local Sponsor for the Project, GRANTEE is required to obtain "perpetual beach storm damage reduction" easements from owners of property in the South Hutchinson Island reach, such as GRANTOR; and WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage to GRANTOR's property and restore the adjacent beach and dune. NOW THEREFORE, in consideration of the inutual benefits to be derived from the permitted uses described below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties to this easement agree to the following: GRANTOR does hereby bargain, convey, and grant 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 GRANTEE, its representatives, agents, contractors, and assigns to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace; a public beach a 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 and access; to plant vegetation on said dunes and berms; to erect, maintain and remove silt screens and sand fences; to facilitate preservation of dunes and vegetation through the limitation of access to dune areas; to trim, cut, fell, and remove from said land all trees, underbrush, debris, obstructions, and any other vegetation, structures and obstacles within the limits of the easement; reserving, however, to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns, the right to construct dune overwalk structures in accordance with any applicable Federal, State, or local laws or regulations, provided that such structures shall not violate the integrity of the dune in shape, dimension or function, and that prior approval of the plans and specifications for such structures is obtained from the designated representative of the Project Sponsor and provided further that such structures are subordinate to the construction, operation, maintenance, repair, rehabilitation and replacement of the project; and further reserving to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns all such rights and privileges as may be used and enjoyed without interfering with or abridging the rights and easements hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. GRANTOR and GRANTEE shall each be responsible for their own acts of negligence when acting within the scope of this Easement and shall only be liable for any damages resulting from their own negligence. Nothing herein is intended to be a waiver of sovereign immunity or of any applicable statutory limitations of liability, including, but not limited to, Section 768.28, Florida Statutes, by GRANTEE (or GRANTOR if applicable). Nothing herein shall be construed as consent by GRANTOR or GRANTEE to be sued by third parties in any manncr arising out of this Easement. This Easement shall become effective upon proper execution by GRANTOR. Page 174 of 331 The covenants, rights, privileges, restrictions, and reservations set forth herein shall run with the land. The terms and conditions of this Easement shall be deemed severable. Consequently, if any term or condition in this Easement shall be held illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and not withstanding any such determination, this Easement shall continue in full force and effect unless the particular term or condition held illegal or void renders the balance of the Easement impossible to perform. IN WITNESS WHEREOF, GRANTOR has set hereto its hand and seal on the day and year above written. Signed, sealed and delivered in the presence of Island Dunes Oceanside II Condominium Association, Inc. Witness Signature Age Print WitnessName ir !S7N' Iftr, Title Witness Signature Print Witness Name (� CQ�._ C _ SvL�c� STATE OF ~ ! OVA, COUNTY OF S Lw f V h si a! presence or online The foregoing instrument was acknowledged before me by -means o �- p y g p notarization, this Z day of T 4u,t4,. , 202 i , by _ t 1) + S11V "' e,,- , of Island Dunes Oceanside II Cond�Association_Inc., on behalf of the corporation. He/Site is,gersonally known to me or has produced as identification. [NOTARY SEAL] Notary Public My Commission expires: 7.2 1►p RICHARD E. SHAWVER Notary Publtc • State o! Florida `.51��P; COMM Is3Ion # GG 243201 : My Comm. Ex Ires Aug7, 022 Banded through National Notary Assn, Page 175 of 331 94-77 EXHIBIT "A" I SECTION 27. TOWNSHIP 36S, RANGE 1E SECTION 34'. TOWNSHIP 38 , RANGE 4 2 R-96 �\ �. 271 _ 34' 35 1" = 600 FEET o MEAN HIGH WATER LINE ELEVATION � 0.51 NAVD 88 O 1 � JANUARY 18, 2012 , (n c� n 00 z'z w w a c.� 00 C Cn s x O ._0 ab z z G) .G) m m ? .A m im 5 GOA , 1 LEGEND P.O.B. = POINT OF BEGINNING NAD = NORTH AMERICAN DATUM NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 R-102 = FDEP RANGE MONUMENT (TYP) — - - — - - — MEAN HIGH WATER LINE AND EROSION CONTROL LINE AS LOCATED JANUARY 18, 2012 - - - - -- _.- - - - PROPOSED LANDWARD LIMITS OF CONSTRUCTION AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION ® PROPOSED EASEMENT AREA Morgan & Eklund Inc. PROFESSIONAL BURYE7 conauL-iAn1s F 1612 NW 2N0 AVENUE M &E 4909 US HIGHWAY #1 SUITE 3 VEFO BEACH FL 3 87 BOCA BATON FL 33432 PHONE: �(7/772y 38$-5364 PHONE: l954j 421-6W2 FAX: (7'72) 388-3165 LB 04298 FAX: (9 ) 421-0425 ATLANTIC OCEAN PROPOSED EASEMENT (SEE DETAIL. SHEET 3) 5 1 LANDWARD 1 / CONS OF 5 � CONSTRUCTION , lti R-102 � t } 5 � - 5 l R-103 � 5 .1 � 15 1 1 SKETCHOF LEG& DESWTION 35117-9 MANI) DUNES OCEANSIDE II CONDOMIMUM ASSOCIATION, INC swm SOUTH ST. WOE COUNTY BEACH RESTORATION , = 600' -- FOR ST. WOE COUNTY EMON DISiRiCT OOVE 1125121 al" !Y awo II F>E1D 2= I I off w &Mir sretr 1 a 3 LFP Dvc MW »z - Page 176 of 331 EXHIBIT "A M N r r SIRC R98 -18 2012 NAD 88/90 N=1.081985,60 E=909213.27 POINT OF BEGINNING OF WEST EASEMENT LINE I NAD 83/90 N=1081789.13 1��0�316,22 27 - 34 I35 DNR MONUMENT 94-77-A0� NAD 83/90. N=1079107.8 E=909950.7 ATLANTIC TOWNSHIP 36S, RANGE 41E OCEAN (TOWNSHIP 37S, RANGE 41E L,1 2 3 2 4n I� 12 .' 1-4NDWARD LIMITS OF iCONSTRUCTION 10 11 ST. LUCIE COUNTY Llne Table Line # Direction Length Ll N14' 22' 29"W 2970.72' L2 S27' 39' 18"E 221.81' L3 S23' 01' 00"E 757.60' 1-4 S2145' 01 "E 999.30' L5 S22' 40' 46"E 988.27' L6 S20' 27' 48"E 974.64' L7 S20' 39' 36"E .987.46' L8 S22' 42' 50"E 972.76- L9 S231 29' 45"E. 1008.81' L10 S22' 12' 18"E 940.81' L11 S22' 16' 46"E 654.48' L12 S19' 36' 39"E 386.32' L13 S23' 36' 20"E 977.16' L14 S23' 57' 25"E 1104.24' L15 S24' 26' 17"E 1082.21' L16 S23' 50' 11 "E 803.61' L17 S22' 36' 27"E 1129.03' L18 S22' 14' 48"E 1010.56' L19 S22' 36' 24'°E 787,45' L20 S22' 56' 21"E 1983.23' L21 N38' 18' 07"E 26.84' MARTIN COUNTY POINT OF TERMINATION DNR MONUMENT OF WEST EASEMENT LINE PL-Fi 1 4 9 92 1992 N=1065595.88 NAD 83/90 N=10655A,8-2 ICI 0 83790 E=916068.51 -st1 c .as L21 margan c Eklund Inc. „—m—iEw ,;� SKETCH OF LEGAL DESCRIPTIOI 35117-9 MUMVEY OONOULTANTO a' °°� u" LANDWARD LIMITS OF CONSTRUCTION PAW-O'O8IONAL tees NO aro AypuE '� mioms11 sureti,sue ��q'R°'01101�'�'if """`" "'�` '""" � 7%�`� " SOUTH ST. LUCIE COUNTY BEACH RESTORATION EROSION DISTRICT a QQ00 1116f14 lV1�rE , eora R�f10l� FL 33 E2 ;0? JEO-0�04 Pi10Nk. P1`•.. �iwiene/w. FOR ST. LUCIE COUNTY awwvw arm oorww.s ,��3FJ FaX: ]>0E-5766 I'h1C Cwv 01-0107 a 2 w - Page 177 of 331 37 -- --, EXHIBIT "A„ " MEAN HIGH WATER LINE m ELEVATION = 0.51 NAVD 88 "PROPOSED JANLARY 18, 2012 EASEMENT. w. Ac r✓� u�, ATLAIMC U) j 353532200030002 ✓� '�+ OCEAN �J AND ALL CONDOMINIUM UNIT OWNERS -Y ISLAND DUNES OCEANSIDE II is CONDOMINIUM ASSOCIATION INC., J 6). 8880 S OCEAN DR��,r JENSEN BEACH, FL 34957 o '�L� '� '"� PROPOSED EASEMEW # sr. (0.56± Ac.) LANDWARD LIMITS t<` s -y �• OF CONSTRUCTION DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 634, PAGE 2331 AND OFFICIAL RECORD BOOK 656, PAGE1534, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A DEPARTMENT OF NATURAL RESOURCES MONUMENT STAMPED 94 77 A06, HAVING COORDINATES OF NORTHING 1,079,107.89 FEET AND EASTING OF 909,950.79 FEET AS REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT (NAD83I90), PROCEED ALONG A BEARING OF N 14' 22' 29" W FOR A DISTANCE OF 2,970.72 FEET TO A SET IRON ROD AND CAP STAMPED R98-18 2012, HAVING COORDINATES OF NORTHING 1,081,985.60 FEET AND EASTING 909,213.27 FEET; THENCE S 27' 39' 18" E FOR A DISTANCE OF 221.81 FEET TO A POINT; HAVING E COORDINATES OF NORTHING 1,081,789.13 FEET AND EASTING OF 909,316.22 FEET, SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED LANDWARD LIMITS OF CONSTRUCTION LINE; THENCE S 23' 01' 00" E FOR A DISTANCE OF 757.60 FEET TO A POINT; v THENCE S 21' 45' 01" E FOR A DISTANCE OF 999.30 FEET TO A POINT; THENCE S 22' 40' 46" E FORA DISTANCE OF 988.27 FEET TO A POINT; THENCE 5 20' 27' 48" E FOR A DISTANCE OF 974.64 FEET TO A POINT; THENCE S 20' 39' 36" E FOR A DISTANCE OF 987.46 FEET TO A POINT; THENCE S 22° 42' 50" E FOR A DISTANCE OF 972.76 FEET TO A POINT; THENCE S 23' 29' 45" E FOR A DISTANCE OF 1008.81 FEET TO A POINT; s THENCE S 22' 12' 18" E FOR A DISTANCE OF 940.81 FEET TO A POINT; THENCE S 22' 10 46" E FOR A DISTANCE OF 654.48 FEET TO A POINT; THENCE S 19" 36' 39" E FOR A DISTANCE OF 386.32 FEET TO A POINT; THENCE S 23' 3620" E FOR A DISTANCE OF 977.16 FEET TO A POINT; s THENCE S 23° 57' 25" E FOR A DISTANCE OF 1104.24 FEET TO A POINT; THENCE S 24' 2617" E FOR A DISTANCE OF 1082.21 FEET TO A 'o POINT; THENCE S 23° 50' 11" E FOR A DISTANCE OF 803.61 FEET TO A POINT; THENCE S 22' 3627" E FOR A DISTANCE OF 1129.03 FEET TO A y POINT; THENCE S 22° 14' 48" E FOR A DISTANCE OF 1010,56 FEET TO A POINT; THENCE S 22° 36' 24" E FOR A DISTANCE OF 787.45 FEET TO A POINT; THENCE S 22' 56' 21" E FOR A DISTANCE OF 1983.23 FEET TO THE POINT OF TERMINATION, HAVING COORDINATES OF NORTHING 1,065,595.88 FEET AND EASTING OF 916,068.51 FEET, SAID POINT BEING 26.84 FEET DISTANT FROM A DEPARTMENT OF NATURAL x RESOURCES MONUMENT PL-R-1 4-9-92 1992 (HAVING COORDINATES OF NORTHING 1,065,574.82 FEET AND EASTING 916,051.88 FEET NAD Lj83190) ALONG A BEARING OF N 38° 18' 07" E. "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION" NOTES: THIS IS NOT A SURVEY. CERTIFI5 LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS —OF —WAY, OWNERSHIP OR SHOWN OF BURN AC — 1 HEREBY W CA RECENT ]TAT LO SURVEY EASEMENTS OF RECORD MADE HEREON 75 IN DIRECTION, A D T WT I A RECENT FIELD SURVEY MADE UNDER MY DIRECTION, AND THAT IT 15 TRUE AND CORRECT TO n THE BEST OF MY KNOWLEDGE AND 6EUEF, AND MEETS THE STANDARDS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA OF PRACTICE AS SET FORTH BY THE FLORIDA 90ARD OF PROFESSIONAL LICENSED SURVEYOR AND MAPPER LAND SURVEYORS A -CHAPTER 5J-17, FLORIDA ADMINISTRA77VE CODE, i PURSUANT TO SEC770N 47.t.027, FLORIDA STATUTES COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. h r BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990. PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS�'�� PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT- DAVlD W. CDGGIN, PSM u LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY PROFES'SION4L SURVEYOR AND MAPPER { 6..559 CORPORATION. STATE OF FTDRIL11 N' Morgan & Eklund Inc. 9001 OF LEG. ATM 35117-9 3 , � PROPESDIONAL SURVEY CONSULTANTS � � � NE � �� COMMINIUM � �' '' pus am SOUTH ST. LUCIE COUNTY BEACH RESTORATION ," - 200 1612 NW 2ND AVENUE �p ''try COUNTY 1y �pI1�yIW �y�7�1/� M� 4909 US HIGHWAY i1 SURE 3 FOR ST. WE LWNi F GI�VJIV1� YIJI�IVT 112 1 y VERO BEACH FL 32987 BOLA RATON FL 33432 PHONE: (772) 38B-5384 PHONE (954j 421-8882 3 FAX- (772) 388-31 B5 FAX: (9 ) 421-0423 MIT3 a. 3 LB 04298 LFP OVVC mae Ma - Page 178 of 331 Waiver of Rigltt to Receive Fair Market Value WHEREAS (Owner) desires to donate to St. Lucie County Erosion District, a dependent special district of St. Lucie County, a political subdivision of the State of Florida, a perpetual beach storm damage reduction easement, to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace a public beach dune system, and other erosion control and storm damage reduction measures associated with The St, Lucie County, Florida Coastal Storm Risk Management Project (PROJECT NAME). AND WHEREAS under the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended, any landowner donating lands, easements, rights -of -way, and dredged material disposal areas for construction and subsequent operation and maintenance for Federal or Federally assisted projects is entitled to receive fair market value as compensation for said property. NOW BE IT KNOWN that the landowner hereby acknowledges the fact that he/she/it is aware of the right to receive fair market value for the above -described easement and does hereby forever waive such right to receive fair market value for the easement. This waiver is binding upon said landowners, his/her/its heirs, successors, and assigns. Island Dunes Oceanside 11 Condominium Association, Inc. Witness Signature:_A'&E Signature: Print Witness Name: ,c4IWE hlfflA� Title: ���}tc�.f✓t1�t Witness Signature: e: 1 Z za Zj Print Witness Name: CC& C_irTCxA� Page 179 of 331 RESOLUTION NO. 2021-125 A RESOLUTION ACCEPTING A PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT ON BEHALF OF ST. LUCIE COUNTY EROSION DISTRICT BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, that: The foregoing Perpetual Beach Storm Damage Reduction Easement from Island Dunes Oceanside II Condominium Association, Inc. is duly accepted on behalf of St. Lucie County Erosion District this 41" day of May, 2021 subject to: • The Erosion District satisfying the U.S. Army Corps of Engineers (USACE) requirement for project land certification, including the acquisition of Perpetual Beach Storm Damage Reduction Easements along the project area, sufficient to initiate construction of the proposed federal beach project. • The Erosion District receiving the pre -determined funding from both the State and Federal Governments necessary to complete initial beach nourishment. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA w Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: w County Attorney Page 180 of 331 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: EROSION DISTRICT BOARD Mosquito Control & Coastal Management Services South County Beach & Dune Restoration Project See attached memorandum. CONSENT (X) PRESENTED BY: Richard A. Bouchard, P.E. Sr. Coastal Engineer 184-9910-599305-800 (Reserves - Erosion District) 184217-3710-531000-36203 (FDEP Grant - pending Board approval) 184217-3710-546340-36203 (FDEP Grant - pending Board approval) 39012-4115-546340-36203 (Maintenance Beach Renourishment - SHE SAD) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of recommendations (1), (2), (3), (4) and (5) as outlined in the attached agenda item. COMMISSION ACTION: { ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA, ICMA-CM County Administrator li� Coordination/Signatures County Attorney (x) OMB Director Daniel S. McIntyre Originating Dept. ( x ) aWes R. David Erosion District i (x) �v� (- Marie Gouin Patty Marston-Duva Melissa Simberfund Desiree Cimino (x) Richard ouchard AGEND378-WGOUNTY Page 181 of 331 Mosquito Control & Coastal Management Services Erosion District MEMORANDUM TO: Erosion District Board THROUGH: James R. David, Mosquito Control & Coastal Management Services Director FROM: Richard A. Bouchard, P.E., Sr. Coastal Engineer DATE: October 2, 2012 SUBJECT: South County Beach & Dune Restoration Project ITEM NO. II -A Background: St. Lucie County has initiated a non-federal project to address the severely deteriorated conditions of the South County shoreline while paralleling the development of a federal shore protection project to provide for future re -nourishment of the beaches in the project area. A benefit based funding plan was developed for this one-time local beach and dune project that includes three funding sources; State funding at 43%, Erosion District Zone E reserve funding at 23% and Special Assessment District (SAD) funding at 34%. After numerous meetings, workshops and public bearings the Board approved the assessment role and levied assessments against each parcel within the SAD on September 4, 2012. The following are all companion items that require formal Board action in order for this project to proceed: FDEP Grant Agreement 13SL1 and Budget Resolution 12-010: The Florida Beach Erosion Control Program (FBECP) is a Long -Range Budget Plan administered through the Florida Department of Environmental Protection (FDEP) to assist eligible local governments with their beach erosion control projects. A large portion of the efforts to date on the South County Beach Restoration project has been funded through this program, more specifically through FDEP Project Agreement 11 SL1. This new grant agreement will include additional state funding of $4,609,495 and a maximum local match of $5,989,482. A small portion of these grant funds are intended for reimbursement of recent pre -construction and permitting activities associated with this project which were performed utilizing Erosion District funds. The remaining state grant funds will be used in conjunction with SAD and Erosion District funds to promote construction and monitoring activities as outlined below. Budget Resolution 12-010 establishing the grant funding is also attached. Recommendation (9): Board approval of the draft FDEP Project Agreement 13SL1 and Budget Resolution No. 12-010 and authorization for the Chairman to sign documents as approved by the County Attorney. Page 182 of 331 ITEM NO. (ID # 4965) J DATE: 01/23/2018 COUNTY ` R I ID A AGENDA REQUEST *CONSENTAGENDA TO: Erosion District PRESENTED BY: Richard Bouchard, Senior Coastal Engineer SUBMITTED BY: Erosion District SUBJECT: South County Beach and Dune Restoration Project (Permit Extensions) BACKGROUND: At the request of beachfront property owners St. Lucie County completed a non-federal project to address the severely deteriorated conditions of the South County shoreline. Concurrently, the development of a federal shore protection project is underway to provide for future re -nourishment of the beaches in the project area. The one-time local project encompassed approximately 3.3 miles of Atlantic Ocean coastline, from Martin County north to Normandy Beach Park and was completed in May 2013. Substantial effort and resources went into securing state and federal permits this project. Prior to allowing these 5-year permits to lapse, staff contacted the regulatory agencies to initiate 10-year extensions. Maintaining these permits will most likely be very beneficial in the future with the proposed federalization or potential FEMA claims. It would also be very costly and time consuming to reactivate these permits once they expire. Staff recommends extending these permits an additional 10-years. PREVIOUS ACTION: October 2, 2012 - Board approval of the South County Beach and Dune Restoration Project. FINANCIAL IMPACT: There is no financial impact associated with this action. RECOMMENDATION: Staff recommends that the Erosion District Board ratify and approve the extension of federal and state permits for the South County Beach and Dune Restoration Project. COMMISSION ACTION: Page 183 of 331 RESULT: MOVER: SECONDER: ADOPTED BY CONSENT VOTE [UNANIMOUS] Cathy Townsend, District No. 5 Linda Bartz, District No. 3 Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend Coordination/Signatures anie s. McIntyre, C my ttorney 1/8/2018 Updated: 1/5/2018 2:50 PM by Richard Bouchard Page 2 Page 184 of 331 r Luc a- AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Barbara Guettler, MSBU Coordinator SUBMITTED BY: Public Works 9.B.1. RES-2019-286 PUBLIC HEARINGS -PUBLIC WORKS DATE: 12/17/2019 *RESOLUTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? NO SUBJECT: South Hutchinson Island MSTU Option "A", SHI Beach Erosion Control MSTU BACKGROUND: The County is currently investigating the feasibility of several options to partially fund the cost of providing ongoing beach and dune restoration improvements associated with a Federal beach project (from Normandy Beach south, approximately 3.4 miles, to the Martin County line). The following options are those relating to the creation of Municipal Services Taxing Units ("MSTUs"). On South Hutchinson Island, from Normandy Beach to the Martin County line, there are approximately 2848 taxable parcels east of A1A and 3430 taxable parcels west of A1A. Per Section 40-59 of the St. Lucie County Code of Ordinances, in order to preserve the County's option to levy ad valorem taxes in the MSTUs starting in 2020, the County must hold advertised public hearings and create the MSTUs prior to January 1, 2020. The creation of the MSTUs does not in any way obligate the County to levy ad valorem taxes; rather, it simply preserves the County's option to do so, if it is found to be the most feasible funding option. The determination as to how much ad valorem revenue to be raised in the MSTUs, if any, and the corresponding millage rate for each MSTU would be determined by the Board during its budget deliberations next year. Option "A" would be to create one MSTU to levy ad valorem taxes on all of the parcels on South Hutchinson Island from Normandy Beach to the Martin County line. If this option is chosen, all of the parcels within the MSTU (both east and west of A1A) would share the same millage rate to fund future beach and dune restoration projects within the MSTU boundary. This option was suggested by the Presidents Council. Option "B" would be to create an MSTU to levy ad valorem taxes on all of the parcels east of A1A from Normandy Beach to the Martin County line. This option would encompass all taxable parcels with beach frontage. Page 185 of 331 Option "C" would be to create an MSTU to levy ad valorem taxes on all of the parcels west of A1A from Normandy Beach to the Martin County line. In order to allow the Board the greatest flexibility to set and adjust separate millage rates for parcels east and west of A1A, Staff recommends a combination of Option "B" and Option "C". Creating two separate MSTUs (SHI East and SHI West) would allow Staff and the Board to research and determine a fair and equitable millage rate for each side of A1A based on the level of benefit the parcels would receive from the improvements. This would not restrict the Board from levying the same millage rate for both MSTUs if doing so is determined to be the most reasonable option. County agenda software does not allow multiple resolutions to be attached to one agenda item; therefore, each MSTU option will be considered during separate public hearings. This is the public hearing for Option "A", SHI Beach Erosion Control MSTU. PREVIOUS ACTION: November 19, 2019 - Board granted permission to advertise these public hearings. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board's disapproval of the attached resolution, SHI Beach Erosion Control MSTU. COMMISSION ACTION: RESULT: Adopt MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: December 03, 2019 Don West, Public Works Director Page 186 of 331 Date: December 03, 2019 Daniel McIntyre, County Attorney Date: December 03, 2019 Mark Satterlee, Deputy County Administrator Page 187 of 331 5.A.1. 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50618 DATE: 11/10/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - USACE Project Partnership Agreement (PPA) - ADD ON BACKGROUND: In November 2002 , the U.S. Army Corps of Engineers (USACE) completed a "Section 905(b) analysis for a "St. Lucie County ,Florida — Hurricane and Storm Damage Reduction Study" including the Study Area - from just south of Blind Creek (R-77) to the Martin County Line (R-115). This reconnaissance report recommended that the "study proceed into the feasibility phase", which was eventually initiated in 2004. Shortly afterwards, the USACE re-scoped the Federal project (reducing the proposed project area) and approved it as part of their 3x3x3 Plan; eventually receiving federal funding to move the study forward. While in the feasibility phase, storm events (including Hurricane Sandy) impacted South County Beaches. The storm damages experienced after these events warranted quick/specific action. St. Lucie County, with support from the State of Florida and local stakeholders, initiated construction of a one-time, non-federal beach restoration project in April 2013 while federal efforts continued. The project consisted of the nourishment of 3.4 miles of FDEP designated "critically eroded" Atlantic shoreline from FDEP monument R-98 (Normandy Beach) to the Martin County line (R-115). The project included placement of approximately 635,164 cubic yards of beach compatible sand from St. Lucie Shoal and was partially funded through a Special Assessment District (SAD) created for the project. A nearshore limestone boulder mitigation reef was also completed to offset project related hard -bottom impacts. Eventually, the South St. Lucie County, Florida Storm Risk Management Project Feasibility Study was completed and approved; receiving a signed Chief's Report (December 15, 2017) and federal Congressional authorization (2018 WRDA Bill). In addition, Erosion District Staff diligently pursued and secured approximately $6.4 million in state grant funds from the Florida Department of Environmental Protection (FDEP) for the initial federal beach project (FDEP Grant 19SL4 and 20SL3) and unilaterally increased the level of federal participation by 7% by creating additional public beach access at County owned beach parks. To help fund future construction efforts associated with this project, the St. Lucie County BOCC drafted and subsequently approved the South Hutchinson Island Municipal Service Taxing Unit (MSTU). Page 188 of 331 Since 2013, persistent beach erosion has continued to impact this stretch of coastline, and the previously executed project is now quickly approaching its design life expectancy (10 years). In addition, this beach area has received significant damages from Hurricane Matthew (2016), Hurricane Irma (2017), Hurricane Dorian (2019), and Hurricane Isaias (2020). The increased frequency of storm events along our coast naturally promotes the need for a long-term beach management plan/strategy. The attached Project Partnership Agreement (PPA) includes such a plan, and it is seen as the best option for the long-term stability of the southern Atlantic shoreline of St. Lucie County. Future federal participation not only assists in partially funding future beach nourishment efforts but also enhances the County's ranking in future state Beach Management Funding Assistance requests, which includes ranking metrics contingent on the level of federal participation. Execution of the attached Project Partnership Agreement (PPA) is required for the USACE to officially initiate efforts associated with the proposed federal beach project. The attached agreement includes provisions that allow permit required physical and biological monitoring to be eligible for future work in -kind credit. Non - Federal funding for the initial beach project is required prior to July 2021. Absent of federal participation, the County/local residents would be responsible for funding, initiating, and managing all future beach nourishment effort along this stretch of beach. PREVIOUS ACTION: 1999 - St. Lucie County's Erosion District initiates process to seek federal support and management of St. Lucie County's southern beaches at the direct request of South Hutchinson Island residents. 2004 - Erosion District and the U.S. Army Corps of Engineers (USACE) sign feasibility cost sharing agreement as first major step towards beach federalization. Major coastal storm impacts from Hurricanes Frances and Jeanne. 2005-2007 - Emergency dune restoration takes place with Florida Department of Environmental Protection (FDEP) and Federal Emergency Management Agency (FEMA) funding. 2013 - South County Beach impacts from Hurricane Sandy. Erosion District coordinates a one-time emergency beach nourishment project in response to beachfront residents' requests. Beach and dune restoration completed for approximately 3.4 miles of shoreline from the Martin County line north to Normandy Beach Park. 2017-2018 — Feasibility report completed and Congress authorizes the St. Lucie County, Florida Storm Risk Management Project in the 2018 Water Resources Development Act (WRDA); including a fifty (50) year project life. Federal Share of construction funded in Bipartisan Act of 2018 (PL 115-123). March 2019 — St. Lucie County successfully petitioned and receives a construction timeline extension; initial beach project construction re -scheduled for winter 2021/spring 2022. December 2019 — Public Hearing advertised and subsequent Board approval of Resolution 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Page 189 of 331 Services Taxing Unit (MSTU). September 2020 - County approves the South Hutchinson Island MSTU during final FY-20/21 budget meeting. FINANCIAL IMPACT: As of the effective date of this Agreement, total construction costs are projected (by the USACE) to be $114,794,000 over the proposed fifty (50) year project life. This includes one (1) initial beach nourishment event and two (2) follow-up re -nourishment events. The non-federal/local share of the fifty (50) year project duration is estimated at $81,968,000, with a $32,826,000 federal contribution. The total cost of the initial nourishment event (scheduled for Fy-2022/2023) is estimated at $22,894,000, consisting of an $8,013,000 federal (35%) and $14,881,000 (65%) non-federal/local cost share arrangement. RECOMMENDATION: Staff recommends Board approval of the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement (and associated documents) and authorization for the Chair to sign those documents as approved by the County Attorney. COMMISSION ACTION: RESULT: Approve MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: November 04, 2020 Glenn Henderson, Mosquito Control Director Date: November 04, 2020 Jennifer Garrity, Management Analyst Date: November 04, 2020 Jennifer Hill, Office of Management & Budget Director Page 190 of 331 Date: November 04, 2020 Daniel McIntyre, County Attorney Date: November 04, 2020 Alphonso Jefferson, Deputy County Administrator Page 191 of 331 T Op 0 Gy'Tf STATES O4 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 701 SAN MARCO BOULEVARD JACKSONVILLE, FLORIDA 32207-8175 Mr. Howard Tipton County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Sent via email to tiptonh@stlucieco.org Dear Mr. Tipton: December 9, 2020 As provided by the terms of the Project Partnership Agreement (PPA) between the Department of the Army and St. Lucie County, Florida dated December 2, 2020 (Enclosure 1), St. Lucie County, Florida agrees to provide the real property interests required for the St. Lucie County, Florida Coastal Storm Risk Management Project (Project). This letter serves as the Government's notice for the County to proceed with the acquisition of these property interests and to provide the Government with authorization for entry through a Certification of Lands. The real property interests required are located on Hutchinson Island in St. Lucie County, Florida, as shown in the enclosed maps (Enclosure 2) and identified in the enclosed Florida Department of Environmental Protection (FDEP) Permit No. 0154626- 001-JC (Enclosure 3), and are further described below: a. Perpetual beach storm damage reduction easements for the authorized project area identified in purple in Enclosure 2 that is landward of the erosion control line (ECL). b. Temporary work area easement for a minimum of 24 months for the staging areas identified in blue in Enclosure 2. c. Temporary work area easement for a minimum of 24 months for the access areas identified in pink in Enclosure 2. d. Sovereign submerged authorization from the State of Florida for the authorized project area identified in Enclosure 3, as amended, that is located seaward of the ECL. Enclosed are templates for the Certification of Lands (Enclosure 4), Attorney's Certificate of Authority (Enclosure 5), and the required language for the perpetual beach storm damage reduction easements (Enclosure 6) and the temporary work area easements (Enclosure 7). Please provide the land certification and all supporting Page 192 of 331 2 documentation by June 28, 2021 via mail to the Corps of Engineers, Jacksonville District, 701 San Marco Boulevard, Jacksonville, Florida 32207-8175. If you have any questions or require additional information, please contact Christopher Bukolt, email: Christopher.d.bukolt@usace.army. mi1, or by telephone: 904- 232-3401. Sincerely, MCQUILLEN.TI Digitally signed by MCQUILLEN.TIMOTHY.HAR MOTHY.HART.1 T.1050583305 Date: 2020.12.09 15:26:08 050583305 05,00, Timothy H. McQuillen Chief, Real Estate Division Enclosures Page 193 of 331 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50865 DATE: 12/15/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project — USACE Permitting Authorization BACKGROUND: At the request of beachfront property owners, St. Lucie County completed a non-federal beach project in 2013 to address beach erosion along the southern coastline of St. Lucie County (3.4 miles). Meanwhile, the County continued to pursue a federal shore protection project along the same shoreline. In 2018 a feasibility study for the federal project was approved by Congress. Concurrently, federal funding for initial construction was provided in the Bipartisan Act of 2018. After successfully petitioning for and receiving a construction timeline extension in early 2019, St. Lucie County's BOCC approved the South Hutchinson Island Municipal Services Taxing Unit (MSTU) in September 2020 to help fund the non-federal/non-state share of proposed construction. Subsequently, the BOCC approved the Project Partnership Agreement (PPA) with the U.S. Army Corps of Engineers (USACE) for the 50 year federal project on November 10, 2020. In preparation for initial construction (proposed winter 2021/spring 2022) staff is actively pursuing perpetual construction easements required for project bidding (July 2021). After preliminary discussions with both the USACE and the Florida Department of Environmental Protection (FDEP), and considering the similarities between the proposed federal and 2013 projects, it was determined that a minor permit modification to the County's existing state permit was the preferred permitting path for all parties. As a co -applicant, the USACE can avoid duplicative submissions and reviews already performed during the 2013 project, resulting in efficiency and cost savings. To do this, the County would need to request that the USACE be added as a co - applicant to existing permit No. 0154626-001-JC. As a co -applicant, the USACE will proposed modifications to the original design and help negotiate permit requirements consistent with the federal authorization, eventually attaining state permitting approval for initial construction. As co -applicants, County staff and our hired professional consultants will actively coordinate with USACE staff in all future modification requests to the state. PREVIOUS ACTION: Page 194 of 331 October 2, 2012 — Board approval of the 2013 South County Beach and Dune Restoration Project. January 23, 2018 — Board action to ratify and approve the extension of both federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project (Item No. 4965); permits extended through 2028. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the USACE as a co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to developed plans and attain state permits consistent with the project's congressional authorization; including approval for the Chair to sign documents associated with minor permit modification(s), as requested by the USACE and approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: December 01, 2020 Glenn Henderson, Mosquito Control Director Date: December 01, 2020 Don West, Public Works Director Date: December 02, 2020 Daniel McIntyre, County Attorney Page 195 of 331 Date: December 02, 2020 Mark Satterlee, Deputy County Administrator Page 196 of 331 2021-51472 DATE: 5/4/2021 AGENDA REQUEST TO: Erosion District PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Island Dunes Oceanside I Condominium Association, Inc. - Parcel No. 39A - Parcel ID 3535-322-0003-000-2 BACKGROUND: In 2013, St. Lucie County partially restored South County beaches while a federal shore protection project was under development by the U.S. Army Corps of Engineers (USACE). About 3.4 miles of beach from Normandy Beach Park to the Martin County line were nourished via placement of about 635,000 cubic yards of sand on the beach and 280,000 plants on the restored dune crest. As part of preparations for the 2013 project, in 2012, the County obtained Temporary Easements from each property owner in the project area. These Temporary Easements authorized a limited use of the seaward portion of each property by the County to construct, repair, nourish, rehabilitate and replace a beach and dune over the limits of construction ... from the landward toe of the dune to the mean high water line; these project specific Temporary Easements expired on March 1, 2016. The USACE is the agency designated by Congress to protect the nation's shores from the chronic effects of erosion and coastal flooding. After completion of studies by the USACE-Jacksonville District, the U.S. Congress authorized a 50-year federal cost -shared beach project through America's Water Infrastructure Act of 2018. The USACE is expected to place sand on the project beaches to help reduce the threat of coastal storm damage and avoid the high costs of coastal storm damage as part of the Congressionally -authorized project in coordination with St. Lucie County. To effectuate the federal project, the County must obtain Easements for construction and maintenance of the federal project - comparable to the Easements obtain for the 2013 project, but with a longer duration to cover all future USACE and County efforts to construct and maintain the federal project. USACE regulations relative to Real Estate Acquisition (ER 405-1-11) include provisions for Perpetual Construction Easements so as to avoid property rights interference with operation of the project by the USACE and County. As required by Florida Statutes (161.191), an Erosion Control Line (ECL) was established by the County prior to construction of the 2013 project; the ECL effectively corresponded to the mean high water boundary between Page 197 of 331 state sovereign lands and the adjacent upland property. All lands seaward of the ECL remain vested to the state by right of its sovereignty; the lands landward of the ECL remain vested to the upland owner. Perpetual Construction Easements are required for sand placement for areas landward of the ECL. Attached for your review and acceptance is a Perpetual Beach Storm Damage Reduction Easement from Island Dunes Oceanside I Condominium Association, Inc. PREVIOUS ACTION: October 2, 2012 - Board approved the 2013 South County Beach and Dune Restoration Project. January 23, 2018 - Board action to ratify and approve the extension of federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project; permits extended through 2028. December 17, 2019 - Public Hearing advertised and subsequent Board approval of Resolution No. 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Services Taxing Unit (MSTU). September 2020 - Board approved the South Hutchinson Island MSTU during final FY-20/21 budget meeting. November 10, 2020 - Board approved the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement. December 9, 2020 - St. Lucie County receives a USACE official Project Land's Request, including a specific request for Perpetual Construction Easements along the proposed federal beach project area. December 15, 2020 - Board approved the U.S. Army Corps of Engineers (USACE) as co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to develop plans and attain state permits consistent with the project's congressional authorization. FINANCIAL IMPACT: N/A - Easement being donated. RECOMMENDATION: Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None Page 198 of 331 NAYS: None EXCUSED: None Coordination/Signatures Date: April 21, 2021 Katrina Slay, Agenda Coordinator Date: April 22, 2021 Daniel McIntyre, County Attorney Date: April 22, 2021 Joshua Revord, Senior Coastal Engineer Date: April 28, 2021 Don West, Public Works Director Date: April 27, 2021 Mark Satterlee, Deputy County Administrator Page 199 of 331 2020 South Hutchinson Island Coastal Storm Risk Management Project N W+E S 0.25 0.5 1 Miles Map created April 30, 2020 St. Lucie County, Florida Coastal Storm Risk Management Project PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT THIS EASEMENT, made this 0- day of b e-cP,, Ae P_ , 20ao between Island Dunes Oceanside I Condominium Association, Inc., whose address is 8880 S Ocean Dr, Jensen Beach, FL 34957, hereinafter referred to as the "Grantor", and St. Lucie County Erosion District, whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter referred to as the "Grantee". (Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires,) WITNESSETH: WHEREAS, GRANTOR owns beachfront property described in Exhibit "A", incorporated by reference and made a part hereof; and WHEREAS, GRANTEE and the Department of the Army have entered into a Project Partnership Agreement for the St. Lucie County, Florida Coastal Storm Risk Management Project (the "Project") whereby GRANTEE has agreed to be the Local Sponsor for the Project, which provides for beach and dune nourishment within the South Hutchinson Island reach; and WHEREAS, as Local Sponsor for the Project, GRANTEE is required to obtain "perpetual beach storm damage reduction" easements from owners of property in the South Hutchinson Island reach, such as GRANTOR; and WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage to GRANTOR's property and restore the adjacent beach and dune. NOW THEREFORE, in consideration of the mutual benefits to be derived from the permitted uses described below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties to this easement agree to the following: GRANTOR does hereby bargain, convey, and grant 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 GRANTEE, its representatives, agents, contractors, and assigns to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace; a public beach a 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 and access; to plant vegetation on said dunes and berms; to erect, maintain and remove silt screens and sand fences; to facilitate preservation of dunes and vegetation through the limitation of access to dune areas; to trim, cut, fell, and remove from said land all trees, underbrush, debris, obstructions, and any other vegetation, structures and obstacles within the limits of the easement; reserving, however, to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns, the right to construct dune overwalk structures in accordance with any applicable Federal, State, or local laws or regulations, provided that such structures shall not violate the integrity of the dune in shape, dimension or function, and that prior approval of the plans and specifications for such structures is obtained from the designated representative of the Project Sponsor and provided further that such structures are subordinate to the construction, operation, maintenance, repair, rehabilitation and replacement of the project; and further reserving to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns all such rights and privileges as may be used and enjoyed without interfering with or abridging the rights and easements hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. GRANTOR and GRANTEE shall each be responsible for their own acts of negligence when acting within the scope of this Easement and shall only be liable for any damages resulting from their own negligence. Nothing herein is intended to be a waiver of sovereign immunity or of any applicable statutory limitations of liability, including, but not limited to, Section 768.28, Florida Statutes, by GRANTEE (or GRANTOR if applicable). Nothing herein shall be construed as consent by GRANTOR or GRANTEE to be sued by third parties in any manner arising out of this Easement. This Easement shall become effective upon proper execution by GRANTOR. Page 201 of 331 The covenants, rights, privileges, restrictions, and reservations set forth herein shall run with the land. The terms and conditions of this Easement shall be deemed severable. Consequently, if any term or condition in this Easement shall be held illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and not withstanding any such determination, this Easement shall continue in full force and effect unless the particular term or condition held illegal or void renders the balance of the Easement impossible to perform. 1N WITNESS WHEREOF, GRANTOR has set hereto its hand and seal on the day and year above written. Signed, sealed and delivered in the presence of: I ►/�/1,lIsland Dunes O ide y� a ondominium Association, Witness SignaturV1 f !{,(AYAkl Vjv l i � Signature Print Witness Name 1 "f C ""( Witness Signature Print Witness Name STATE OF f 10rlda COUNTY OF S GI Title .,V The foregoing instrument was acknowledged before me by means of X physical presence or ^ online notarization, this a& day of DeC er4har , 2Q2D, by 1—nmarr- Amx o , of Island Dunes Oceanside I Condominium Association, Inc., on behalf of the corporation. Ile/She is personally known to me or has produced as identification. [NOTARY SEAL] y Notary Public State of Florida Patricia C HobbsMy Commission GG 296469 Expires 02/1 t12023 O� Notary Public T My Commission expires: t7 a11�/aV3 Page 202 of 331 IOU E 94-77 EXHIBIT "A" I R-s8 SECTION 27, TOWNSHIP 36S, NGE 1E 27 SECTION 34. TOWNSHIP W , RANGE 4 34 35 N 5 ` .p 1 R-99A � 5 1" = 600 FEET MEAN HIGH WATER LINE S ELEVATON = 0.51 NAVD 88 p ,1r JANUARY 18, 2012 a 5, A MANTIC 1 R-100A 5 5 5 (f)I(n m m �� 00 z z `alp z z 0 -0 m m a -A mlm LEGEND P.0.8- = POINT OF BEGINNING NAD = NORTH AMERICAN DATUM NAVD 88 NORTH AMERICAN VERTICAL DATUM OF 1988 R-102 = FDEP RANGE MONUMENT (TYP) - - -- - - — MEAN HIGH WATER LINE AND EROSION CONTROL LINE AS LOCATED JANUARY 18, 2012 - - - - -- - - - - - - PROPOSED LANDWARD LIMITS OF CONSTRUCTION AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION PROPOSED EASEMENT AREA Morgan & Eklund Inc. PROFESSIONAL SURVEY CONSULTANTS -ZE 4909 US HIGHWAY 1 VERO BEACH FL 32S07 PHONE (772� 386-5364 FAST: (772) 368--3155 LB 1812 NW 2N0 AVENUE SUITE 3 DOCA BATON FL 3302 pFAXE(8(9') 4221� 2 [I1011��`l PROPOSED EASEMENT (SEE DETAIL SHEET 3) � 5 LANDWARD LIMITS OF 1 CONSTRUCTION 5 l5 R-102 �4 1 1 l 1 R-103 V,l 5 1 ca692WN rn ^y' � ETCH Orr LEGAL DENIM1 35117-9 ISLAND DUDS OCEANSIDE I COI+"NIUY ASIWATKK INC. sous SOUTH ST. LUCIE COUNTY BEACH RESTORATION , - 600' FOR ST. LUCIE COUNTY EROSION DISTRICT 12122020 aWAN w O®® it mw 9ma 'AT CF awky y¢� 1 OF3 LFP ❑WC PAN w - Page 203 of 331 - EXHIBIT "A" SIRC R98 -18 2012 NAD 83/90 N=1081985.60 E=909213.27 POINT OF BEGINNING OF WEST EASEMENT LINE NAD 83190 N=1081789.13 E=909316.22 27 34 J 35 DNR MONUMENT 94-77-AO NAD 83190 N=1079107.8 E=909950.7 ATLANTIC ITOWNSHIP 365, RANGE A�E OCEAN_ TOWNSHIP 37S, RANGE 41jE do 0 L12 3 2 � G ~r � v 12 LI NDWARD LIMITS 10 OF ONSTRUCTIO N 1 ST. LUCIE COUNTY MARTIN COUNTY DI�JWM10NUiAFNT PI'.1y 92 1992- ;: N=1065574.82 NAD 83190 E' 16051.88. 421- ricv,..Br.w.mrerx �. or,rwa. Mnryan :i Eklund Inc. rrovirWE rv�rrr ►ROFF8810NAL 8URYLlY CONSULTAXTa �+ ' RED �+J f, 1612 RN 2N D AYFNLE 1h1 M U9 NGAM f BOG SUMEFL 13412 i��� Gig` PA%: �366-31A6 FIU(: I65 421-0461 Ui j 4a6 Line Table Line # Direction Length L1 N14' 22' 29" 1N 2970.72' L2 . S27' 39' 18"E 221.81, L3 S23' 01' 00"E 767.60' L4 S2145' 01"IE 999.30' L5 S22' 40' 46"E 988.27' L6 S20' 27' 48"E 974.64' L7 S20' 39' 36"E 987:46' 1-8 S22' 42' 50"E 972.76' L9 S23' 29' 45"E 1008.81' L10 ,111 S22' 12' 18"E 940.81' . 1-11 1 S22' 16' 46"E 654,48' L12 S19' 36' 39"E 386,32' . 1-13 S23' 36' 20"E 977.16' L14 . S23' 57' 25"E. 1104,24' L15 S24' 26' 17"E 1082.21' L16 S23' 50' 11"E 803.61' L17 S22' 36' 27"E 1129.03' L18 522' 14' 48"E 1010.56' L19 S22' 36' 24"E 787.45' L20 S22' 56' 21"E 1§83.23' L21 ' N38' 18' 07"E 26.84' POINT OF TERMINATION OF WEST EASEMENT LINE N= 1065595.88 NAD 83190 E=916068.51 SKETCH OF LEGAL DESCRIPTION a"s�is LANDWARD LIMITS OF CONSTRUCTION SOUTH ST. LUCIE COUNTY BEACH RESTORATION FOR ST. LUCIE COUNTY EROSION DISTRICT asp error Qar Qor+v LFP oN,C = z w 3 Page 204 of 331 37 t/ PROPOSED;., EASEMENT 0.i.9-F. Ac.) a� EXHIBIT "A" MEAN HIGH WATER LINE /� /ELEVATION = 0.51 NAVD 88 / b"— JANUARY 18, 2012 ter,. ATLANTIC (J3 , 353532200030002 �/ -` s OCEAN . ` �_# AND ALL CONDOMINIUM a; UNIT OWNERS. R` `ISLAND DUNES OCEANSIDE I CONDOMINIUM ASSOCIATION, ` INC., i8880 S OCEAN DR1 JENSEN BEACH, FL 34957 o ✓�� `'' `� PROPOSED G� x cp�` fi EA3EMENT p (0.56t Ac.) I LANDWARD LIMITS F CD / OF COi�iSTRUCT#ON �03 i DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 634, PAGE 2331 AND OFFICIAL RECORD BOOK 666, PAGE1534, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A DEPARTMENT OF NATURAL RESOURCES MONUMENT STAMPED 94 77 AO6, HAVING COORDINATES OF NORTHING 1,079,107.89 FEET AND EASTING OF 909,950.79 FEET AS REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT (NAD83190), PROCEED ALONG A BEARING OF N 14" 22' 29" W FOR A DISTANCE OF 2,970.72 FEET TO A SET IRON ROD AND CAP STAMPED R98-18 2012, HAVING COORDINATES OF NORTHING 1,081,985.60 FEET AND FASTING 909,213.27 FEET; THENCE S 27' 39' 18" E FOR A DISTANCE OF 221.81 FEET TO A POINT; HAVING COORDINATES OF NORTHING 1,081,789.13 FEET AND EASTING OF 909,316.22 FEET, SAID POMT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED LANDWARD LIMITS OF CONSTRUCTION LINE; THENCE S 23° 01' 00" E FOR A DISTANCE OF 757,60 FEET TO A POINT; THENCE S 21° 45' 01" E FOR A DISTANCE OF 999.30 FEET TO A POINT; THENCE S 22° 40' 46" F FOR A DISTANCE OF 988.27 FEET TO A POINT; THENCE S 20' 27' 48" E FOR A DISTANCE OF 974.64 FEET TO A POINT; THENCE S 20' 39' 36" E FOR A DISTANCE OF 987,46 FEET TO A POINT; THENCE S 22° 42' 50" E FOR A DISTANCE OF 972.76 FEET TO A POINT; THENCE S 23° 29' 45" E FOR A DISTANCE OF 1008.81 FEET TO A POINT; THENCE S 22° 12' 18" E FOR A DISTANCE OF 940.81 FEET TO A POINT; THENCE S 22' 16' 46' E FOR A DISTANCE OF 654.48 FEET TO A POINT; THENCE S 19" 36' 39" E FOR A DISTANCE OF 386.32 FEET TO A POINT; THENCE S 23' 36' 20" E FOR A DISTANCE OF 977.16 FEETTO A POINT; THENCE S 23' 57' 25" E FOR A DISTANCE OF 1104.24 FEET TO A POINT; THENCE S 24° 2617" E FOR A D#STANCF OF 1082.21 FEET TO A POINT; THENCE S 23' 50' 11" F FOR A DISTANCE OF 803.61 FEET TO A POINT; THENCE S 22' 3627" E FOR A DISTANCE OF 1129.03 FEET TO A POINT; THENCE S 22' 14' 48" E FOR A DISTANCE OF 1010.56 FEET TO A POINT; THENCE S 22" 36' 24" E FOR A DISTANCE OF 787.45 FEET TO A POINT; THENCE S 22° 5621" E FOR A DISTANCE OF 1983.23 FEET TO THE POINT OF TERMINATION, HAVING COORDINATES OF NORTHING 1,065,595.88 FEET AND EASTING OF 916.068.51 FEET, SAID POINT BEING 26.84 FEET DISTANT FROM A DEPARTMENT OF NATURAL RESOURCES MONUMENT PL-R-1 4-9-92 1992 (HAVING COORDINATES OF NORTHING 1,065,574.82 FEET AND EASTING 916,051.88 FEET NAD 83190) ALONG A BEARING OF N 38° 18' 07" E. "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION" NOTES: THIS IS NOT A SURVEY. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, OWNERSHIP OR CERTIFICATE OF SURV£Y01? - 7 HERESY CER7IFY THAT THE INFORMATION EASEMENTS OF RECORD SHOWN HEREON IS IN ACCORR4NCE WUH A RECENT FIELD SURVEY MADE UNDER MY DIRZCTIOti AND THAT IT 15 TRUE AND CORRECT TO NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA THE BEST OF MY KNOWLEDGE AND BFUEF, AND MEETS THE 57ANDARDS LICENSED SURVEYOR AND MAPPER LAND PRACTICE AS SET FORTH BY 774E FLOR04 BOARD OF PROFESS(ONAL LAND SURVEYORS )NORAPTER 5J- 17, FLORIDA ADMINISTRATIVE CODE, COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. PURSUANT TO SECTION 472.027, FLORIDA 5TATUTES. OFARWGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990. PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS! PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. oAVlD W. COGGYIV,P5M LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY PROFESSIONAL SURVEYOR AND MAPPER j &569 CORPORATION. SATE OF'FLOP104 Morgan & Eklund Inc. PROPE881ONAL SURVEY CONSULTANTS M Ay 1612 NW 2ND AVENUE o F_ 4969 US HIGHWAY 11 SURE 3 VERO BEACH FL 32S$7 9" RATON FL 33432 N PHONE (772) 3W-5364 PHONE (9543 421-8882 TFAX: (772) 388-31$5 +4298 FAX: (9$4) 421-0426 11�cr� S T110I OF LEGAL DISC WTION CiL�Y 16 35117-9 ISIAD IIYC�Oy7NyOOIIII#N�NI1tN , NC. pASS�OCIIA7TIIO �OCE�A�N�ryS SOUTH S1. W{AE COUNTY �GAVIl FSIIJlV7IION SOUTH 1"=200' FOR ST. LIME COUNTY EROSION D{STRICT 77 1212812G20 Alm BY cm= & AUA wcr oft[' v mw LFP I D"c I mac In I rar 3 0, 3 Page 205 of 331 Waiver of Right to Receive Fair Market Value WHEREAS (Owner) desires to donate to St. Lucie County Erosion District, a dependent special district of St. Lucie County, a political subdivision of the State of Florida, a perpetual beach storm damage reduction easement, to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace a public beach dune system, and other erosion control and storm damage reduction measures associated with The St. Lucie County, Florida Coastal Storm Risk Management Project (PROJECT NAME). AND WHEREAS under the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended, any landowner donating lands, easements, rights -of -way, and dredged material disposal areas for construction and subsequent operation and maintenance for Federal or Federally assisted projects is entitled to receive fair market value as compensation for said property. NOW BE IT KNOWN that the landowner hereby acknowledges the fact that he/she/it is aware of the right to receive fair market value for the above -described easement and does hereby forever waive such right to receive fair market value for the easement. This waiver is binding upon said landowners, his/her/its heirs, successors, and assigns. Witness Signatu Print Witness N Witness Signatu land Dunes .ssociation, ignature: I Co ominium itle: N/1� �CJt Pn/� late:_ 7Det emt Z,_, 6-? F �. d a-L O i Print Witness Name: Z d�x/'�.c9� Page 206 of 331 RESOLUTION NO. 2021-126 A RESOLUTION ACCEPTING A PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT ON BEHALF OF ST. LUCIE COUNTY EROSION DISTRICT BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, that: The foregoing Perpetual Beach Storm Damage Reduction Easement from Island Dunes Oceanside I Condominium Association, Inc. is duly accepted on behalf of St. Lucie County Erosion District this 41" day of May, 2021 subject to: • The Erosion District satisfying the U.S. Army Corps of Engineers (USACE) requirement for project land certification, including the acquisition of Perpetual Beach Storm Damage Reduction Easements along the project area, sufficient to initiate construction of the proposed federal beach project. • The Erosion District receiving the pre -determined funding from both the State and Federal Governments necessary to complete initial beach nourishment. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA w Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: w County Attorney Page 207 of 331 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: EROSION DISTRICT BOARD Mosquito Control & Coastal Management Services South County Beach & Dune Restoration Project See attached memorandum. CONSENT (X) PRESENTED BY: Richard A. Bouchard, P.E. Sr. Coastal Engineer 184-9910-599305-800 (Reserves - Erosion District) 184217-3710-531000-36203 (FDEP Grant - pending Board approval) 184217-3710-546340-36203 (FDEP Grant - pending Board approval) 39012-4115-546340-36203 (Maintenance Beach Renourishment - SHE SAD) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of recommendations (1), (2), (3), (4) and (5) as outlined in the attached agenda item. COMMISSION ACTION: { ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA, ICMA-CM County Administrator li� Coordination/Signatures County Attorney (x) OMB Director Daniel S. McIntyre Originating Dept. ( x ) aWes R. David Erosion District i (x) �v� (- Marie Gouin Patty Marston-Duva Melissa Simberfund Desiree Cimino (x) Richard ouchard AGEND378-WGOUNTY Page 208 of 331 Mosquito Control & Coastal Management Services Erosion District MEMORANDUM TO: Erosion District Board THROUGH: James R. David, Mosquito Control & Coastal Management Services Director FROM: Richard A. Bouchard, P.E., Sr. Coastal Engineer DATE: October 2, 2012 SUBJECT: South County Beach & Dune Restoration Project ITEM NO. II -A Background: St. Lucie County has initiated a non-federal project to address the severely deteriorated conditions of the South County shoreline while paralleling the development of a federal shore protection project to provide for future re -nourishment of the beaches in the project area. A benefit based funding plan was developed for this one-time local beach and dune project that includes three funding sources; State funding at 43%, Erosion District Zone E reserve funding at 23% and Special Assessment District (SAD) funding at 34%. After numerous meetings, workshops and public bearings the Board approved the assessment role and levied assessments against each parcel within the SAD on September 4, 2012. The following are all companion items that require formal Board action in order for this project to proceed: FDEP Grant Agreement 13SL1 and Budget Resolution 12-010: The Florida Beach Erosion Control Program (FBECP) is a Long -Range Budget Plan administered through the Florida Department of Environmental Protection (FDEP) to assist eligible local governments with their beach erosion control projects. A large portion of the efforts to date on the South County Beach Restoration project has been funded through this program, more specifically through FDEP Project Agreement 11 SL1. This new grant agreement will include additional state funding of $4,609,495 and a maximum local match of $5,989,482. A small portion of these grant funds are intended for reimbursement of recent pre -construction and permitting activities associated with this project which were performed utilizing Erosion District funds. The remaining state grant funds will be used in conjunction with SAD and Erosion District funds to promote construction and monitoring activities as outlined below. Budget Resolution 12-010 establishing the grant funding is also attached. Recommendation (9): Board approval of the draft FDEP Project Agreement 13SL1 and Budget Resolution No. 12-010 and authorization for the Chairman to sign documents as approved by the County Attorney. Page 209 of 331 ITEM NO. (ID # 4965) J DATE: 01/23/2018 COUNTY ` R I ID A AGENDA REQUEST *CONSENTAGENDA TO: Erosion District PRESENTED BY: Richard Bouchard, Senior Coastal Engineer SUBMITTED BY: Erosion District SUBJECT: South County Beach and Dune Restoration Project (Permit Extensions) BACKGROUND: At the request of beachfront property owners St. Lucie County completed a non-federal project to address the severely deteriorated conditions of the South County shoreline. Concurrently, the development of a federal shore protection project is underway to provide for future re -nourishment of the beaches in the project area. The one-time local project encompassed approximately 3.3 miles of Atlantic Ocean coastline, from Martin County north to Normandy Beach Park and was completed in May 2013. Substantial effort and resources went into securing state and federal permits this project. Prior to allowing these 5-year permits to lapse, staff contacted the regulatory agencies to initiate 10-year extensions. Maintaining these permits will most likely be very beneficial in the future with the proposed federalization or potential FEMA claims. It would also be very costly and time consuming to reactivate these permits once they expire. Staff recommends extending these permits an additional 10-years. PREVIOUS ACTION: October 2, 2012 - Board approval of the South County Beach and Dune Restoration Project. FINANCIAL IMPACT: There is no financial impact associated with this action. RECOMMENDATION: Staff recommends that the Erosion District Board ratify and approve the extension of federal and state permits for the South County Beach and Dune Restoration Project. COMMISSION ACTION: Page 210 of 331 RESULT: MOVER: SECONDER: ADOPTED BY CONSENT VOTE [UNANIMOUS] Cathy Townsend, District No. 5 Linda Bartz, District No. 3 Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend Coordination/Signatures anie s. McIntyre, C my ttorney 1/8/2018 Updated: 1/5/2018 2:50 PM by Richard Bouchard Page 2 Page 211 of 331 r Luc a- AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Barbara Guettler, MSBU Coordinator SUBMITTED BY: Public Works 9.B.1. RES-2019-286 PUBLIC HEARINGS -PUBLIC WORKS DATE: 12/17/2019 *RESOLUTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? NO SUBJECT: South Hutchinson Island MSTU Option "A", SHI Beach Erosion Control MSTU BACKGROUND: The County is currently investigating the feasibility of several options to partially fund the cost of providing ongoing beach and dune restoration improvements associated with a Federal beach project (from Normandy Beach south, approximately 3.4 miles, to the Martin County line). The following options are those relating to the creation of Municipal Services Taxing Units ("MSTUs"). On South Hutchinson Island, from Normandy Beach to the Martin County line, there are approximately 2848 taxable parcels east of A1A and 3430 taxable parcels west of A1A. Per Section 40-59 of the St. Lucie County Code of Ordinances, in order to preserve the County's option to levy ad valorem taxes in the MSTUs starting in 2020, the County must hold advertised public hearings and create the MSTUs prior to January 1, 2020. The creation of the MSTUs does not in any way obligate the County to levy ad valorem taxes; rather, it simply preserves the County's option to do so, if it is found to be the most feasible funding option. The determination as to how much ad valorem revenue to be raised in the MSTUs, if any, and the corresponding millage rate for each MSTU would be determined by the Board during its budget deliberations next year. Option "A" would be to create one MSTU to levy ad valorem taxes on all of the parcels on South Hutchinson Island from Normandy Beach to the Martin County line. If this option is chosen, all of the parcels within the MSTU (both east and west of A1A) would share the same millage rate to fund future beach and dune restoration projects within the MSTU boundary. This option was suggested by the Presidents Council. Option "B" would be to create an MSTU to levy ad valorem taxes on all of the parcels east of A1A from Normandy Beach to the Martin County line. This option would encompass all taxable parcels with beach frontage. Page 212 of 331 Option "C" would be to create an MSTU to levy ad valorem taxes on all of the parcels west of A1A from Normandy Beach to the Martin County line. In order to allow the Board the greatest flexibility to set and adjust separate millage rates for parcels east and west of A1A, Staff recommends a combination of Option "B" and Option "C". Creating two separate MSTUs (SHI East and SHI West) would allow Staff and the Board to research and determine a fair and equitable millage rate for each side of A1A based on the level of benefit the parcels would receive from the improvements. This would not restrict the Board from levying the same millage rate for both MSTUs if doing so is determined to be the most reasonable option. County agenda software does not allow multiple resolutions to be attached to one agenda item; therefore, each MSTU option will be considered during separate public hearings. This is the public hearing for Option "A", SHI Beach Erosion Control MSTU. PREVIOUS ACTION: November 19, 2019 - Board granted permission to advertise these public hearings. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board's disapproval of the attached resolution, SHI Beach Erosion Control MSTU. COMMISSION ACTION: RESULT: Adopt MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: December 03, 2019 Don West, Public Works Director Page 213 of 331 Date: December 03, 2019 Daniel McIntyre, County Attorney Date: December 03, 2019 Mark Satterlee, Deputy County Administrator Page 214 of 331 5.A.1. 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50618 DATE: 11/10/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - USACE Project Partnership Agreement (PPA) - ADD ON BACKGROUND: In November 2002 , the U.S. Army Corps of Engineers (USACE) completed a "Section 905(b) analysis for a "St. Lucie County ,Florida — Hurricane and Storm Damage Reduction Study" including the Study Area - from just south of Blind Creek (R-77) to the Martin County Line (R-115). This reconnaissance report recommended that the "study proceed into the feasibility phase", which was eventually initiated in 2004. Shortly afterwards, the USACE re-scoped the Federal project (reducing the proposed project area) and approved it as part of their 3x3x3 Plan; eventually receiving federal funding to move the study forward. While in the feasibility phase, storm events (including Hurricane Sandy) impacted South County Beaches. The storm damages experienced after these events warranted quick/specific action. St. Lucie County, with support from the State of Florida and local stakeholders, initiated construction of a one-time, non-federal beach restoration project in April 2013 while federal efforts continued. The project consisted of the nourishment of 3.4 miles of FDEP designated "critically eroded" Atlantic shoreline from FDEP monument R-98 (Normandy Beach) to the Martin County line (R-115). The project included placement of approximately 635,164 cubic yards of beach compatible sand from St. Lucie Shoal and was partially funded through a Special Assessment District (SAD) created for the project. A nearshore limestone boulder mitigation reef was also completed to offset project related hard -bottom impacts. Eventually, the South St. Lucie County, Florida Storm Risk Management Project Feasibility Study was completed and approved; receiving a signed Chief's Report (December 15, 2017) and federal Congressional authorization (2018 WRDA Bill). In addition, Erosion District Staff diligently pursued and secured approximately $6.4 million in state grant funds from the Florida Department of Environmental Protection (FDEP) for the initial federal beach project (FDEP Grant 19SL4 and 20SL3) and unilaterally increased the level of federal participation by 7% by creating additional public beach access at County owned beach parks. To help fund future construction efforts associated with this project, the St. Lucie County BOCC drafted and subsequently approved the South Hutchinson Island Municipal Service Taxing Unit (MSTU). Page 215 of 331 Since 2013, persistent beach erosion has continued to impact this stretch of coastline, and the previously executed project is now quickly approaching its design life expectancy (10 years). In addition, this beach area has received significant damages from Hurricane Matthew (2016), Hurricane Irma (2017), Hurricane Dorian (2019), and Hurricane Isaias (2020). The increased frequency of storm events along our coast naturally promotes the need for a long-term beach management plan/strategy. The attached Project Partnership Agreement (PPA) includes such a plan, and it is seen as the best option for the long-term stability of the southern Atlantic shoreline of St. Lucie County. Future federal participation not only assists in partially funding future beach nourishment efforts but also enhances the County's ranking in future state Beach Management Funding Assistance requests, which includes ranking metrics contingent on the level of federal participation. Execution of the attached Project Partnership Agreement (PPA) is required for the USACE to officially initiate efforts associated with the proposed federal beach project. The attached agreement includes provisions that allow permit required physical and biological monitoring to be eligible for future work in -kind credit. Non - Federal funding for the initial beach project is required prior to July 2021. Absent of federal participation, the County/local residents would be responsible for funding, initiating, and managing all future beach nourishment effort along this stretch of beach. PREVIOUS ACTION: 1999 - St. Lucie County's Erosion District initiates process to seek federal support and management of St. Lucie County's southern beaches at the direct request of South Hutchinson Island residents. 2004 - Erosion District and the U.S. Army Corps of Engineers (USACE) sign feasibility cost sharing agreement as first major step towards beach federalization. Major coastal storm impacts from Hurricanes Frances and Jeanne. 2005-2007 - Emergency dune restoration takes place with Florida Department of Environmental Protection (FDEP) and Federal Emergency Management Agency (FEMA) funding. 2013 - South County Beach impacts from Hurricane Sandy. Erosion District coordinates a one-time emergency beach nourishment project in response to beachfront residents' requests. Beach and dune restoration completed for approximately 3.4 miles of shoreline from the Martin County line north to Normandy Beach Park. 2017-2018 — Feasibility report completed and Congress authorizes the St. Lucie County, Florida Storm Risk Management Project in the 2018 Water Resources Development Act (WRDA); including a fifty (50) year project life. Federal Share of construction funded in Bipartisan Act of 2018 (PL 115-123). March 2019 — St. Lucie County successfully petitioned and receives a construction timeline extension; initial beach project construction re -scheduled for winter 2021/spring 2022. December 2019 — Public Hearing advertised and subsequent Board approval of Resolution 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Page 216 of 331 Services Taxing Unit (MSTU). September 2020 - County approves the South Hutchinson Island MSTU during final FY-20/21 budget meeting. FINANCIAL IMPACT: As of the effective date of this Agreement, total construction costs are projected (by the USACE) to be $114,794,000 over the proposed fifty (50) year project life. This includes one (1) initial beach nourishment event and two (2) follow-up re -nourishment events. The non-federal/local share of the fifty (50) year project duration is estimated at $81,968,000, with a $32,826,000 federal contribution. The total cost of the initial nourishment event (scheduled for Fy-2022/2023) is estimated at $22,894,000, consisting of an $8,013,000 federal (35%) and $14,881,000 (65%) non-federal/local cost share arrangement. RECOMMENDATION: Staff recommends Board approval of the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement (and associated documents) and authorization for the Chair to sign those documents as approved by the County Attorney. COMMISSION ACTION: RESULT: Approve MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: November 04, 2020 Glenn Henderson, Mosquito Control Director Date: November 04, 2020 Jennifer Garrity, Management Analyst Date: November 04, 2020 Jennifer Hill, Office of Management & Budget Director Page 217 of 331 Date: November 04, 2020 Daniel McIntyre, County Attorney Date: November 04, 2020 Alphonso Jefferson, Deputy County Administrator Page 218 of 331 T Op 0 Gy'Tf STATES O4 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 701 SAN MARCO BOULEVARD JACKSONVILLE, FLORIDA 32207-8175 Mr. Howard Tipton County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Sent via email to tiptonh@stlucieco.org Dear Mr. Tipton: December 9, 2020 As provided by the terms of the Project Partnership Agreement (PPA) between the Department of the Army and St. Lucie County, Florida dated December 2, 2020 (Enclosure 1), St. Lucie County, Florida agrees to provide the real property interests required for the St. Lucie County, Florida Coastal Storm Risk Management Project (Project). This letter serves as the Government's notice for the County to proceed with the acquisition of these property interests and to provide the Government with authorization for entry through a Certification of Lands. The real property interests required are located on Hutchinson Island in St. Lucie County, Florida, as shown in the enclosed maps (Enclosure 2) and identified in the enclosed Florida Department of Environmental Protection (FDEP) Permit No. 0154626- 001-JC (Enclosure 3), and are further described below: a. Perpetual beach storm damage reduction easements for the authorized project area identified in purple in Enclosure 2 that is landward of the erosion control line (ECL). b. Temporary work area easement for a minimum of 24 months for the staging areas identified in blue in Enclosure 2. c. Temporary work area easement for a minimum of 24 months for the access areas identified in pink in Enclosure 2. d. Sovereign submerged authorization from the State of Florida for the authorized project area identified in Enclosure 3, as amended, that is located seaward of the ECL. Enclosed are templates for the Certification of Lands (Enclosure 4), Attorney's Certificate of Authority (Enclosure 5), and the required language for the perpetual beach storm damage reduction easements (Enclosure 6) and the temporary work area easements (Enclosure 7). Please provide the land certification and all supporting Page 219 of 331 2 documentation by June 28, 2021 via mail to the Corps of Engineers, Jacksonville District, 701 San Marco Boulevard, Jacksonville, Florida 32207-8175. If you have any questions or require additional information, please contact Christopher Bukolt, email: Christopher.d.bukolt@usace.army. mi1, or by telephone: 904- 232-3401. Sincerely, MCQUILLEN.TI Digitally signed by MCQUILLEN.TIMOTHY.HAR MOTHY.HART.1 T.1050583305 Date: 2020.12.09 15:26:08 050583305 05,00, Timothy H. McQuillen Chief, Real Estate Division Enclosures Page 220 of 331 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50865 DATE: 12/15/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project — USACE Permitting Authorization BACKGROUND: At the request of beachfront property owners, St. Lucie County completed a non-federal beach project in 2013 to address beach erosion along the southern coastline of St. Lucie County (3.4 miles). Meanwhile, the County continued to pursue a federal shore protection project along the same shoreline. In 2018 a feasibility study for the federal project was approved by Congress. Concurrently, federal funding for initial construction was provided in the Bipartisan Act of 2018. After successfully petitioning for and receiving a construction timeline extension in early 2019, St. Lucie County's BOCC approved the South Hutchinson Island Municipal Services Taxing Unit (MSTU) in September 2020 to help fund the non-federal/non-state share of proposed construction. Subsequently, the BOCC approved the Project Partnership Agreement (PPA) with the U.S. Army Corps of Engineers (USACE) for the 50 year federal project on November 10, 2020. In preparation for initial construction (proposed winter 2021/spring 2022) staff is actively pursuing perpetual construction easements required for project bidding (July 2021). After preliminary discussions with both the USACE and the Florida Department of Environmental Protection (FDEP), and considering the similarities between the proposed federal and 2013 projects, it was determined that a minor permit modification to the County's existing state permit was the preferred permitting path for all parties. As a co -applicant, the USACE can avoid duplicative submissions and reviews already performed during the 2013 project, resulting in efficiency and cost savings. To do this, the County would need to request that the USACE be added as a co - applicant to existing permit No. 0154626-001-JC. As a co -applicant, the USACE will proposed modifications to the original design and help negotiate permit requirements consistent with the federal authorization, eventually attaining state permitting approval for initial construction. As co -applicants, County staff and our hired professional consultants will actively coordinate with USACE staff in all future modification requests to the state. PREVIOUS ACTION: Page 221 of 331 October 2, 2012 — Board approval of the 2013 South County Beach and Dune Restoration Project. January 23, 2018 — Board action to ratify and approve the extension of both federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project (Item No. 4965); permits extended through 2028. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the USACE as a co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to developed plans and attain state permits consistent with the project's congressional authorization; including approval for the Chair to sign documents associated with minor permit modification(s), as requested by the USACE and approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: December 01, 2020 Glenn Henderson, Mosquito Control Director Date: December 01, 2020 Don West, Public Works Director Date: December 02, 2020 Daniel McIntyre, County Attorney Page 222 of 331 Date: December 02, 2020 Mark Satterlee, Deputy County Administrator Page 223 of 331 3.A.9. 2021-51473 DATE: 5/4/2021 AGENDA REQUEST TO: Erosion District PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Claridge By The Sea Condominium Association, Inc. - Parcel No. 23 - Parcel ID 4502-805-0000-000-4 BACKGROUND: In 2013, St. Lucie County partially restored South County beaches while a federal shore protection project was under development by the U.S. Army Corps of Engineers (USACE). About 3.4 miles of beach from Normandy Beach Park to the Martin County line were nourished via placement of about 635,000 cubic yards of sand on the beach and 280,000 plants on the restored dune crest. As part of preparations for the 2013 project, in 2012, the County obtained Temporary Easements from each property owner in the project area. These Temporary Easements authorized a limited use of the seaward portion of each property by the County to construct, repair, nourish, rehabilitate and replace a beach and dune over the limits of construction ... from the landward toe of the dune to the mean high water line; these project specific Temporary Easements expired on March 1, 2016. The USACE is the agency designated by Congress to protect the nation's shores from the chronic effects of erosion and coastal flooding. After completion of studies by the USACE-Jacksonville District, the U.S. Congress authorized a 50-year federal cost -shared beach project through America's Water Infrastructure Act of 2018. The USACE is expected to place sand on the project beaches to help reduce the threat of coastal storm damage and avoid the high costs of coastal storm damage as part of the Congressionally -authorized project in coordination with St. Lucie County. To effectuate the federal project, the County must obtain Easements for construction and maintenance of the federal project - comparable to the Easements obtain for the 2013 project, but with a longer duration to cover all future USACE and County efforts to construct and maintain the federal project. USACE regulations relative to Real Estate Acquisition (ER 405-1-11) include provisions for Perpetual Construction Easements so as to avoid property rights interference with operation of the project by the USACE and County. As required by Florida Statutes (161.191), an Erosion Control Line (ECL) was established by the County prior to construction of the 2013 project; the ECL effectively corresponded to the mean high water boundary between Page 224 of 331 state sovereign lands and the adjacent upland property. All lands seaward of the ECL remain vested to the state by right of its sovereignty; the lands landward of the ECL remain vested to the upland owner. Perpetual Construction Easements are required for sand placement for areas landward of the ECL. Attached for your review and acceptance is a Perpetual Beach Storm Damage Reduction Easement from Claridge By The Sea Condominium Association, Inc. PREVIOUS ACTION: October 2, 2012 - Board approved the 2013 South County Beach and Dune Restoration Project. January 23, 2018 - Board action to ratify and approve the extension of federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project; permits extended through 2028. December 17, 2019 - Public Hearing advertised and subsequent Board approval of Resolution No. 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Services Taxing Unit (MSTU). September 2020 - Board approved the South Hutchinson Island MSTU during final FY-20/21 budget meeting. November 10, 2020 - Board approved the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement. December 9, 2020 - St. Lucie County receives a USACE official Project Land's Request, including a specific request for Perpetual Construction Easements along the proposed federal beach project area. December 15, 2020 - Board approved the U.S. Army Corps of Engineers (USACE) as co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to develop plans and attain state permits consistent with the project's congressional authorization. FINANCIAL IMPACT: N/A - Easement being donated. RECOMMENDATION: Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None Page 225 of 331 NAYS: None EXCUSED: None Coordination/Signatures Date: April 22, 2021 Katrina Slay, Agenda Coordinator Date: April 22, 2021 Daniel McIntyre, County Attorney Date: April 28, 2021 Joshua Revord, Senior Coastal Engineer Date: April 28, 2021 Don West, Public Works Director Date: April 28, 2021 Mark Satterlee, Deputy County Administrator Page 226 of 331 2020 South Hutchinson Island Coastal Storm Risk Management Project N W+E S 0.25 0.5 1 Miles Map created April 30, 2020 age 227 0 St. Lucie County, Florida Coastal Storm Risk Management Project PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT THIS EASEMENT, made this { y of Ada �` `a 2q�_( between Claridge By The Sea Condominium Association Inc., whose address is 10072 S Ocean Dr Jensen Beach FL 34957, hereinafter referred to as the "Grantor", and St. Lucie County Erosion District, whose address is 2300 Virginia Avenue Fort Pierce FL 34982, hereinafter referred to as the "Grantee". (Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the contest so admits or requires.) WITNESSETH: WHEREAS, GRANTOR owns beachfront property described in Exhibit "A", incorporated by reference and made a part hereof; and WHEREAS, GRANTEE and the Department of the Army have entered into a Project Partnership Agreement for the St. Lucie County, Florida Coastal Storm Risk Management Project (the "Project") whereby GRANTEE has agreed to be the Local Sponsor for the Project, which provides for beach and dune nourishment within the South Hutchinson Island reach; and WHEREAS, as Local Sponsor for the Project, GRANTEE is required to obtain "perpetual beach storm damage reduction" easements from owners of property in the South Hutchinson Island reach, such as GRANTOR; and WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage to GRANTOR's property and restore the adjacent beach and dune. NOW THEREFORE, in consideration of the mutual benefits to be derived from the permitted uses described below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties to this easement agree to the following: GRANTOR does hereby bargain, convey, and grant 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 GRANTEE, its representatives, agents, contractors, and assigns to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace; a public beach a 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 and access; to plant vegetation on said dunes and berms; to erect, maintain and remove silt screens and sand fences; to facilitate preservation of dunes and vegetation through the limitation of access to dune areas; to trim, cut, fell, and remove from said land all trees, underbrush, debris, obstructions, and any other vegetation, structures and obstacles within the limits of the easement; reserving, however, to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns, the right to construct dune overwalk structures in accordance with any applicable Federal, State, or local laws or regulations, provided that such structures shall not violate the integrity of the dune in shape, dimension or function, and that prior approval of the plans and specifications for such structures is obtained from the designated representative of the Project Sponsor and provided further that such structures are subordinate to the construction, operation, maintenance, repair, rehabilitation and replacement of the project; and further reserving to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns all such rights and privileges as may be used and enjoyed without interfering with or abridging the rights and easements hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. GRANTOR and GRANTEE shall each be responsible for their own acts of negligence when acting within the scope of this Easement and shall only be liable for any damages resulting from their own negligence. Nothing herein is intended to be a waiver of sovereign immunity or of any applicable statutory limitations of liability, including, but not limited to, Section 768.28, Florida Statutes, by GRANTEE (or GRANTOR if applicable). Nothing herein shall be construed as consent by GRANTOR or GRANTEE to be sued by third parties in any manner arising out ofthis Easement. This Easement shall become effective upon proper execution by GRANTOR. Page 228 of 331 The covenants, rights, privileges, restrictions, and reservations set forth herein shall run with the land. The terms and conditions of this Easement shall be deemed severable. Consequently, if any term or condition in this Easement shall be held illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and not withstanding any such determination, this Easement shall continue in full force and effect unless the particular term or condition held illegal or void renders the balance of the Easement impossible to perform. IN WITNESS WHEREOF, GRANTOR has set hereto its hand and seal on the day and year above written. Signed, sealed and delivered in the presence of. t" ° Claridge By The Sea Condominium Association, Inc. Witness SignatureLii�ii).' u �1 Signature : ' �+ � Print Witness Name ��s h� �m Title_ Witness Sienatu Print Witness Name p,,41- vd /� STATE OF �`�� o r1 d64 COUNTY OF �� L,,(� 1, j t The fore o. g instrument was acknowledged before me by means of physical presence or online notarization, this day of 2021 , by �(� (i t Uy e Claridge By The Sea Conjv� of dominium Association, Inc., on behalf of the corporation. He/She is personally known to me or has produced as identification. [NOTARY SEAL] Notary PubNc State of Florida Marcy CressweH My Commission GG 166145 Expires 12/06/2021 JaP C-tj Nublic MisSion expires: t 2- L6' z 0� i Page 229 of 331 Waiver of Right to Receive Fair Market Value WHEREAS (Owner) desires to donate to St. Lucie County Erosion District, a dependent special district of St. Lucie County, a political subdivision of the State of Florida, a perpetual beach storm damage reduction easement, to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace a public beach dune system, and other erosion control and storm damage reduction measures associated with The St. Lucie County, Florida Coastal Storm Risk Management Project (PROJECT NAME). AND WHEREAS under the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended, any landowner donating lands, easements, rights -of -way, and dredged material disposal areas for construction and subsequent operation and maintenance for Federal or Federally assisted projects is entitled to receive fair market value as compensation for said property. NOW BE IT KNOWN that the landowner hereby acknowledges the fact that he/she/it is aware of the right to receive fair market value for the above -described easement and does hereby forever waive such right to receive fair market value for the easement. This waiver is binding upon said landowners, his/her/its heirs, successors, and assigns. Claridge By The Sea Condominium Association, Inc. l Witness Signature. CZ�k"nLd1 Signature: Print Witness Name:'\" `'S � ►'� Vj►yy �p__t9 Ti le: Witness Signatur . �^ /-� Zg ate: Print Witness Name: Page 230 of 331 \ `\ EXHIBIT "A" \ NO: E R-105 \ \ \ \ MEAN HIGH WATER LINE \ ELEVATION = 0.51 NAVD 88 \ JANUARY 18, 2012 \ \ R-106 \. � o LEGEND M P.O.B. = POINT OF BEGINNING w a NAD = NORTH AMERICAN DATUM x NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 R-102 = FDEP RANGE MONUMENT (TYP) a — - - — - - — MEAN HIGH WATER LINE AND EROSION IL CONTROL LINE AS LOCATED JANUARY 18, 2012 -----'-'--- --- - - - PROPOSED LANDWARD LIMITS OF CONSTRUCTION o AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION PROPOSED EASEMENT AREA 2 Morgan & Eklund Inc. rnoFe8810NAL SURVEY CON8ULTANT8 4909 US HIGHWAY 1 1612 NW 2ND AVENUE SUITE 3 VERO BEACH. FL 32t67 BOCA RATON FL 33432 PHONE: 7721 388-5364 PHONE ((9543 421-6882 FAX: 2) 368-3185 FAX: (9ra4) 421-0425 LB 44298 I 1" = 600 FEET A MANTIC OCEAN-_ LANDWARD LIMITS OF CONSTRUCTION \ PROPOSED EASEMENT \. \ (SEE DETAIL SHEET 3) \ \ R-109� SECTION 2, TOWNSHIF SECTION 11, TOWNSHI \ \ R-110 \. \ 1E RANGE41E \. SKETCH OF LEGAL DESCRIPTION CLAMM BY THE SEA CONDOWNIUM ASSOCIATION, INC. SOUTH ST. LUCIE COUNTY BEACH RESTORATION FOR ST. LUCIE COUNTY EROSION DISTRICT cam er CAEr m By FM eons aw cr suety LFP DWC FMEea P An 35117-9 So" 1" = 600' VAIr 11 /30/20 `231-of EXHIBIT "A" SIRC R98 -18 2012 NAD 83/90 N=1081985.60 E=909213.27 1 i POINT OF BEGINNING OF WEST EASEMENT LINE NAD 83/90 N=1081789.13 E=909316,22 27 _ L2 34 -, 35 1 DNR MONUMENT 94-77-AO 0 NAD 83/90 N=1079107.8� l E=909950.7 ATLANTIC j [TOWNSHIP 36S, RANGE E dp OCEAN 4 TOWNSHIP 375, RANGE 41 E <�b` i o 3 2 L1 I 2 u 1 7, f� j " 12 z LAINDWARD LIMITS 10 OF bONSTRUCTION j o j 11 CP W W F LUCIE COUNTY W w W MARTIN COUNTY a DNR MONUMENT w PL-R-1 4-9.92 1992 ° N=1065574.32 I AD 8-190 6051.88 L21- m'ana:vawaas-i a/v �r �rwv rn, Morgan tt P-Mtit°td tftev �e�re��r�ow�c'�s�r'arbr �o alelr r� w nw rxo s r we.w m�evn sc �avw ,xo mpa wn lmax PROFESSIONAL 8YRY8Y CONSULTANTSaria°OMw'r/p's'�now 4a�D US �1 1012 NY/ 2N3 AVENUE ` vmo FL e5sr BocA TON E'L ssu2 N rE RiO�JE 3E8-5784 PFIONE: (.n 421-am ._. . FAX' (772) 3W-3185 FAX- (934) 421-MI n:�o a, w.s LB / 42M mar -S"W4r- Line Table Line direction Length 41 L1 N14 22 29"W 2970.72' L2 S27' 39' 18"E 221.81 L3 S23' 01' 00"E 757.60' L4 S21' 45' 01"E 999.30' L5 S22' 40' 4-A"E 988.2T L6 S20' 27' 48"E 974.64' L7 S20' 39' 36"E 987.46' L8 S22' 42' 50"E 972.76' L9 S23' 29' 45"E 1008.81' L10 S22' 12' 18"E 940.81' L11 S22' 16' 46"E 654,48' L12 S19° 36' 39"E 386.32' L13 S23' 36' 20"E 977.16' L14 S23' 57' 25"E 1104.24' L15 S24' 26' 17"E 1082.21' L16 S23' 50' 11 "E 803.61' L17 S22' 36' 27"E 1129.03' L18 S22' 14' 48"E 1010.56' L19 S22' 36' 24"E 787.45' L20 S22' 56' 2.1 "E 1983.23' I L21 N38' 18' 07"E 26.84' POINT OF TERMINATION OF WEST EASEMENT LINE N=1065595.88 NAD 83/ 00 E=916068.51 v1 tivnL UL0%,Rjr IIVI)I LANDWARD LIMITS OF CONSTRUCTION "SOUTH ST. LUCIE COUNTY BEACH RESTORATION FOR ST. LUCIE COUNTY EROSION DISTRICT POINT OF TERMINATION OF WEST EASEMENT LINE N=1065595.88 NAD 83/ 00 E=916068.51 v1 tivnL UL0%,Rjr IIVI)I LANDWARD LIMITS OF CONSTRUCTION "SOUTH ST. LUCIE COUNTY BEACH RESTORATION FOR ST. LUCIE COUNTY EROSION DISTRICT cmm 35117_9 V = 000' 1116/20 7- MMM- /i . YY[a'�111p• LFP DWC IflL 1p i!f 2 qr 3 Page 232 of 331 (P \ p 7 7 450280500000004 AND ALL CONDOMINIUM CLARIDGE BY THE SEA 10072 S OCEAN DR EXHIBIT "A" MEAN HIGH WATERLINE ELEVATION = 0.51 NAVD 88 JANUARY 18, 2012 UNIT OWNERS CONDOMINIUM ASSOC., INC. JENSEN BEACH, FL 34957 DESCRIPTION OF PROPOSED PROPOSED EASEMENT (0.40± Ac.) Nam' LANDWARD LIMITS OF CONSTRUCTION A MANTIC N o O OCEAN EE:, e IC THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 1787, PAGE 2456, OF THE PUBLICRECORDS E RD E N T LUCIE COUNTY, FLORIDA LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A DEPARTMENT OF NATURAL RESOURCES MONUMENT STAMPED 94 77 A06, HAVING COORDINATES OF NORTHING 1,079,107.89 FEET AND EASTING OF 909,950.79 FEET AS REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT (NAD83/90), PROCEED ALONG A BEARING OF N 14° 22' 29" W FOR A DISTANCE OF 2,970.72 FEET TO A SET IRON ROD AND CAP STAMPED R98-18 2012, HAVING COORDINATES OF NORTHING 1,081,985.60 FEET AND EASTING 909,213.27 FEET; THENCE S 27' 39' 18" E FOR A DISTANCE OF 221.81 FEET TO A POINT; HAVING COORDINATES OF NORTHING 1,081,789.13 FEET AND EASTING OF 909,316.22 FEET, SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED LANDWARD LIMITS OF CONSTRUCTION LINE; THENCE S 23' 01' 00" E FOR A DISTANCE OF 757.60 FEET TO A POINT; THENCE S 21 ° 45' 01" E FOR A DISTANCE OF 999.30 FEET TO A POINT; THENCE S 22° 40' 46" E FOR A DISTANCE OF 988.27 FEET TO A POINT; THENCE S 20° 27' 48" E FOR A DISTANCE OF 974.64 FEET TO A POINT; THENCE S 20' 39' 36" E FOR A DISTANCE OF 987.46 FEET TO A POINT; THENCE S 22° 42' 50" E FOR A DISTANCE OF 972.76 FEET TO A POINT; THENCE S 23° 29' 45" E FOR A DISTANCE OF 1008.81 FEET TO A POINT; THENCE S 22' 12' 18" E FOR A DISTANCE OF 940.81 FEET TO A POINT; THENCE S 22' 16' 46" E FOR A DISTANCE OF 654.48 FEET TO A POINT; THENCE S 19' 36' 39" E FOR A DISTANCE OF 386.32 FEET TO A POINT; THENCE S 23' 36' 20" E FOR A DISTANCE OF 977.16 FEET TO A POINT; THENCE S 23° 57' 25" E FOR A DISTANCE OF 1104.24 FEET TO A POINT; THENCE S 24' 2617" E FOR A DISTANCE OF 1082.21 FEET TO A POINT; THENCE S 23' 50' 11" E FOR A DISTANCE OF 803.61 FEET TO A POINT; THENCE S 22' 36' 27" E FOR A DISTANCE OF 1129.03 FEET TO A POINT; THENCE S 22' 14' 48" E FOR A DISTANCE OF 1010.56 FEET TO A POINT; THENCE S 22' 36' 24" E FOR A DISTANCE OF 787.45 FEET TO A POINT; THENCE S 22° 56' 21" E FOR A DISTANCE OF 1983.23 FEET TO THE POINT OF TERMINATION, HAVING COORDINATES OF NORTHING 1,065,595.88 FEET AND EASTING OF 916,068.51 FEET, SAID POINT BEING 26.84 FEET DISTANT FROM A DEPARTMENT OF NATURAL RESOURCES MONUMENT PL-R-1 4-9-92 1992 (HAVING COORDINATES OF NORTHING 1,065,574.82 FEET AND EASTING 916,051.88 FEET NAD 83/90) ALONG A BEARING OF N 38° 18' 07" E. "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION" NOTES: CONSTRUCTION THIS IS NOT A SURVEY. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, OWNERSHIP OR EASEMENTS OF RECORD NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990. PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY CORPORATION. Morgan & Eklund Inc. PROFESSIONAL SURVEY CONSULTANTS � 1612 NW 2ND AVENUE , 4909 US HIGHWAY #1 SUITE 3 VERO BEACH, FL 32987 BOCA RATON FL 33432 PHONE 772) 388-5364 PHONE ( 954j 421-8882 FAX: ( L3 /4298 2) 388-3165 FAX: (9) 421-0425 CERTIF7CATE OF SURVEYOR - I HEREBY CER77FY THAT THE INFORMATION SHOWN HEREON IS IN ACCORDANCE WITH A RECENT FIELD SURVEY MADE UNDER MY DIRECTION, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDCE AND $ELIEF, AND MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE FLOR/DA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER a/-17 FLORDA ADMINISTP477VE CODE, PURSUANT TO SEC770N 472.027,-IZORIDA STi47U7ES. DAM W. COGGIN, PSM v PROFESSIONAL SURVEYOR AND MAPPER 6359 STATE OF FWRID4 % IM OF LEG& uMION- 'cawAs" ma 35117-9 a.AWGE BY THE SEA CONI)OIW UUM ASSOCIATION, INC. SOUTH ST. WaE COUNTY BEACH RES70RAMON 111 = 100' FOR ST. WCIE COUNTY EROSION DISTRICT 11/020 Ai1�I °' C1EO1ID 9v lE30 mm WE Or SE&W LFP DWC Ana - m o�oOE.i RESOLUTION NO. 2021-128 A RESOLUTION ACCEPTING A PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT ON BEHALF OF ST. LUCIE COUNTY EROSION DISTRICT BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, that: The foregoing Perpetual Beach Storm Damage Reduction Easement from Claridge By The Sea Condominium Association, Inc. is duly accepted on behalf of St. Lucie County Erosion District this 4t" day of May, 2021 subject to: • The Erosion District satisfying the U.S. Army Corps of Engineers (USACE) requirement for project land certification, including the acquisition of Perpetual Beach Storm Damage Reduction Easements along the project area, sufficient to initiate construction of the proposed federal beach project. • The Erosion District receiving the pre -determined funding from both the State and Federal Governments necessary to complete initial beach nourishment. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA w Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: w County Attorney Page 234 of 331 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: EROSION DISTRICT BOARD Mosquito Control & Coastal Management Services South County Beach & Dune Restoration Project See attached memorandum. CONSENT (X) PRESENTED BY: Richard A. Bouchard, P.E. Sr. Coastal Engineer 184-9910-599305-800 (Reserves - Erosion District) 184217-3710-531000-36203 (FDEP Grant - pending Board approval) 184217-3710-546340-36203 (FDEP Grant - pending Board approval) 39012-4115-546340-36203 (Maintenance Beach Renourishment - SHE SAD) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of recommendations (1), (2), (3), (4) and (5) as outlined in the attached agenda item. COMMISSION ACTION: { ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA, ICMA-CM County Administrator li� Coordination/Signatures County Attorney (x) OMB Director Daniel S. McIntyre Originating Dept. ( x ) aWes R. David Erosion District i (x) �v� (- Marie Gouin Patty Marston-Duva Melissa Simberfund Desiree Cimino (x) Richard ouchard AGEND378-WGOUNTY Page 235 of 331 Mosquito Control & Coastal Management Services Erosion District MEMORANDUM TO: Erosion District Board THROUGH: James R. David, Mosquito Control & Coastal Management Services Director FROM: Richard A. Bouchard, P.E., Sr. Coastal Engineer DATE: October 2, 2012 SUBJECT: South County Beach & Dune Restoration Project ITEM NO. II -A Background: St. Lucie County has initiated a non-federal project to address the severely deteriorated conditions of the South County shoreline while paralleling the development of a federal shore protection project to provide for future re -nourishment of the beaches in the project area. A benefit based funding plan was developed for this one-time local beach and dune project that includes three funding sources; State funding at 43%, Erosion District Zone E reserve funding at 23% and Special Assessment District (SAD) funding at 34%. After numerous meetings, workshops and public bearings the Board approved the assessment role and levied assessments against each parcel within the SAD on September 4, 2012. The following are all companion items that require formal Board action in order for this project to proceed: FDEP Grant Agreement 13SL1 and Budget Resolution 12-010: The Florida Beach Erosion Control Program (FBECP) is a Long -Range Budget Plan administered through the Florida Department of Environmental Protection (FDEP) to assist eligible local governments with their beach erosion control projects. A large portion of the efforts to date on the South County Beach Restoration project has been funded through this program, more specifically through FDEP Project Agreement 11 SL1. This new grant agreement will include additional state funding of $4,609,495 and a maximum local match of $5,989,482. A small portion of these grant funds are intended for reimbursement of recent pre -construction and permitting activities associated with this project which were performed utilizing Erosion District funds. The remaining state grant funds will be used in conjunction with SAD and Erosion District funds to promote construction and monitoring activities as outlined below. Budget Resolution 12-010 establishing the grant funding is also attached. Recommendation (9): Board approval of the draft FDEP Project Agreement 13SL1 and Budget Resolution No. 12-010 and authorization for the Chairman to sign documents as approved by the County Attorney. Page 236 of 331 ITEM NO. (ID # 4965) J DATE: 01/23/2018 COUNTY ` R I ID A AGENDA REQUEST *CONSENTAGENDA TO: Erosion District PRESENTED BY: Richard Bouchard, Senior Coastal Engineer SUBMITTED BY: Erosion District SUBJECT: South County Beach and Dune Restoration Project (Permit Extensions) BACKGROUND: At the request of beachfront property owners St. Lucie County completed a non-federal project to address the severely deteriorated conditions of the South County shoreline. Concurrently, the development of a federal shore protection project is underway to provide for future re -nourishment of the beaches in the project area. The one-time local project encompassed approximately 3.3 miles of Atlantic Ocean coastline, from Martin County north to Normandy Beach Park and was completed in May 2013. Substantial effort and resources went into securing state and federal permits this project. Prior to allowing these 5-year permits to lapse, staff contacted the regulatory agencies to initiate 10-year extensions. Maintaining these permits will most likely be very beneficial in the future with the proposed federalization or potential FEMA claims. It would also be very costly and time consuming to reactivate these permits once they expire. Staff recommends extending these permits an additional 10-years. PREVIOUS ACTION: October 2, 2012 - Board approval of the South County Beach and Dune Restoration Project. FINANCIAL IMPACT: There is no financial impact associated with this action. RECOMMENDATION: Staff recommends that the Erosion District Board ratify and approve the extension of federal and state permits for the South County Beach and Dune Restoration Project. COMMISSION ACTION: Page 237 of 331 RESULT: MOVER: SECONDER: ADOPTED BY CONSENT VOTE [UNANIMOUS] Cathy Townsend, District No. 5 Linda Bartz, District No. 3 Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend Coordination/Signatures anie s. McIntyre, C my ttorney 1/8/2018 Updated: 1/5/2018 2:50 PM by Richard Bouchard Page 2 Page 238 of 331 r Luc a- AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Barbara Guettler, MSBU Coordinator SUBMITTED BY: Public Works 9.B.1. RES-2019-286 PUBLIC HEARINGS -PUBLIC WORKS DATE: 12/17/2019 *RESOLUTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? NO SUBJECT: South Hutchinson Island MSTU Option "A", SHI Beach Erosion Control MSTU BACKGROUND: The County is currently investigating the feasibility of several options to partially fund the cost of providing ongoing beach and dune restoration improvements associated with a Federal beach project (from Normandy Beach south, approximately 3.4 miles, to the Martin County line). The following options are those relating to the creation of Municipal Services Taxing Units ("MSTUs"). On South Hutchinson Island, from Normandy Beach to the Martin County line, there are approximately 2848 taxable parcels east of A1A and 3430 taxable parcels west of A1A. Per Section 40-59 of the St. Lucie County Code of Ordinances, in order to preserve the County's option to levy ad valorem taxes in the MSTUs starting in 2020, the County must hold advertised public hearings and create the MSTUs prior to January 1, 2020. The creation of the MSTUs does not in any way obligate the County to levy ad valorem taxes; rather, it simply preserves the County's option to do so, if it is found to be the most feasible funding option. The determination as to how much ad valorem revenue to be raised in the MSTUs, if any, and the corresponding millage rate for each MSTU would be determined by the Board during its budget deliberations next year. Option "A" would be to create one MSTU to levy ad valorem taxes on all of the parcels on South Hutchinson Island from Normandy Beach to the Martin County line. If this option is chosen, all of the parcels within the MSTU (both east and west of A1A) would share the same millage rate to fund future beach and dune restoration projects within the MSTU boundary. This option was suggested by the Presidents Council. Option "B" would be to create an MSTU to levy ad valorem taxes on all of the parcels east of A1A from Normandy Beach to the Martin County line. This option would encompass all taxable parcels with beach frontage. Page 239 of 331 Option "C" would be to create an MSTU to levy ad valorem taxes on all of the parcels west of A1A from Normandy Beach to the Martin County line. In order to allow the Board the greatest flexibility to set and adjust separate millage rates for parcels east and west of A1A, Staff recommends a combination of Option "B" and Option "C". Creating two separate MSTUs (SHI East and SHI West) would allow Staff and the Board to research and determine a fair and equitable millage rate for each side of A1A based on the level of benefit the parcels would receive from the improvements. This would not restrict the Board from levying the same millage rate for both MSTUs if doing so is determined to be the most reasonable option. County agenda software does not allow multiple resolutions to be attached to one agenda item; therefore, each MSTU option will be considered during separate public hearings. This is the public hearing for Option "A", SHI Beach Erosion Control MSTU. PREVIOUS ACTION: November 19, 2019 - Board granted permission to advertise these public hearings. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board's disapproval of the attached resolution, SHI Beach Erosion Control MSTU. COMMISSION ACTION: RESULT: Adopt MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: December 03, 2019 Don West, Public Works Director Page 240 of 331 Date: December 03, 2019 Daniel McIntyre, County Attorney Date: December 03, 2019 Mark Satterlee, Deputy County Administrator Page 241 of 331 5.A.1. 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50618 DATE: 11/10/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - USACE Project Partnership Agreement (PPA) - ADD ON BACKGROUND: In November 2002 , the U.S. Army Corps of Engineers (USACE) completed a "Section 905(b) analysis for a "St. Lucie County ,Florida — Hurricane and Storm Damage Reduction Study" including the Study Area - from just south of Blind Creek (R-77) to the Martin County Line (R-115). This reconnaissance report recommended that the "study proceed into the feasibility phase", which was eventually initiated in 2004. Shortly afterwards, the USACE re-scoped the Federal project (reducing the proposed project area) and approved it as part of their 3x3x3 Plan; eventually receiving federal funding to move the study forward. While in the feasibility phase, storm events (including Hurricane Sandy) impacted South County Beaches. The storm damages experienced after these events warranted quick/specific action. St. Lucie County, with support from the State of Florida and local stakeholders, initiated construction of a one-time, non-federal beach restoration project in April 2013 while federal efforts continued. The project consisted of the nourishment of 3.4 miles of FDEP designated "critically eroded" Atlantic shoreline from FDEP monument R-98 (Normandy Beach) to the Martin County line (R-115). The project included placement of approximately 635,164 cubic yards of beach compatible sand from St. Lucie Shoal and was partially funded through a Special Assessment District (SAD) created for the project. A nearshore limestone boulder mitigation reef was also completed to offset project related hard -bottom impacts. Eventually, the South St. Lucie County, Florida Storm Risk Management Project Feasibility Study was completed and approved; receiving a signed Chief's Report (December 15, 2017) and federal Congressional authorization (2018 WRDA Bill). In addition, Erosion District Staff diligently pursued and secured approximately $6.4 million in state grant funds from the Florida Department of Environmental Protection (FDEP) for the initial federal beach project (FDEP Grant 19SL4 and 20SL3) and unilaterally increased the level of federal participation by 7% by creating additional public beach access at County owned beach parks. To help fund future construction efforts associated with this project, the St. Lucie County BOCC drafted and subsequently approved the South Hutchinson Island Municipal Service Taxing Unit (MSTU). Page 242 of 331 Since 2013, persistent beach erosion has continued to impact this stretch of coastline, and the previously executed project is now quickly approaching its design life expectancy (10 years). In addition, this beach area has received significant damages from Hurricane Matthew (2016), Hurricane Irma (2017), Hurricane Dorian (2019), and Hurricane Isaias (2020). The increased frequency of storm events along our coast naturally promotes the need for a long-term beach management plan/strategy. The attached Project Partnership Agreement (PPA) includes such a plan, and it is seen as the best option for the long-term stability of the southern Atlantic shoreline of St. Lucie County. Future federal participation not only assists in partially funding future beach nourishment efforts but also enhances the County's ranking in future state Beach Management Funding Assistance requests, which includes ranking metrics contingent on the level of federal participation. Execution of the attached Project Partnership Agreement (PPA) is required for the USACE to officially initiate efforts associated with the proposed federal beach project. The attached agreement includes provisions that allow permit required physical and biological monitoring to be eligible for future work in -kind credit. Non - Federal funding for the initial beach project is required prior to July 2021. Absent of federal participation, the County/local residents would be responsible for funding, initiating, and managing all future beach nourishment effort along this stretch of beach. PREVIOUS ACTION: 1999 - St. Lucie County's Erosion District initiates process to seek federal support and management of St. Lucie County's southern beaches at the direct request of South Hutchinson Island residents. 2004 - Erosion District and the U.S. Army Corps of Engineers (USACE) sign feasibility cost sharing agreement as first major step towards beach federalization. Major coastal storm impacts from Hurricanes Frances and Jeanne. 2005-2007 - Emergency dune restoration takes place with Florida Department of Environmental Protection (FDEP) and Federal Emergency Management Agency (FEMA) funding. 2013 - South County Beach impacts from Hurricane Sandy. Erosion District coordinates a one-time emergency beach nourishment project in response to beachfront residents' requests. Beach and dune restoration completed for approximately 3.4 miles of shoreline from the Martin County line north to Normandy Beach Park. 2017-2018 — Feasibility report completed and Congress authorizes the St. Lucie County, Florida Storm Risk Management Project in the 2018 Water Resources Development Act (WRDA); including a fifty (50) year project life. Federal Share of construction funded in Bipartisan Act of 2018 (PL 115-123). March 2019 — St. Lucie County successfully petitioned and receives a construction timeline extension; initial beach project construction re -scheduled for winter 2021/spring 2022. December 2019 — Public Hearing advertised and subsequent Board approval of Resolution 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Page 243 of 331 Services Taxing Unit (MSTU). September 2020 - County approves the South Hutchinson Island MSTU during final FY-20/21 budget meeting. FINANCIAL IMPACT: As of the effective date of this Agreement, total construction costs are projected (by the USACE) to be $114,794,000 over the proposed fifty (50) year project life. This includes one (1) initial beach nourishment event and two (2) follow-up re -nourishment events. The non-federal/local share of the fifty (50) year project duration is estimated at $81,968,000, with a $32,826,000 federal contribution. The total cost of the initial nourishment event (scheduled for Fy-2022/2023) is estimated at $22,894,000, consisting of an $8,013,000 federal (35%) and $14,881,000 (65%) non-federal/local cost share arrangement. RECOMMENDATION: Staff recommends Board approval of the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement (and associated documents) and authorization for the Chair to sign those documents as approved by the County Attorney. COMMISSION ACTION: RESULT: Approve MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: November 04, 2020 Glenn Henderson, Mosquito Control Director Date: November 04, 2020 Jennifer Garrity, Management Analyst Date: November 04, 2020 Jennifer Hill, Office of Management & Budget Director Page 244 of 331 Date: November 04, 2020 Daniel McIntyre, County Attorney Date: November 04, 2020 Alphonso Jefferson, Deputy County Administrator Page 245 of 331 T Op 0 Gy'Tf STATES O4 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 701 SAN MARCO BOULEVARD JACKSONVILLE, FLORIDA 32207-8175 Mr. Howard Tipton County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Sent via email to tiptonh@stlucieco.org Dear Mr. Tipton: December 9, 2020 As provided by the terms of the Project Partnership Agreement (PPA) between the Department of the Army and St. Lucie County, Florida dated December 2, 2020 (Enclosure 1), St. Lucie County, Florida agrees to provide the real property interests required for the St. Lucie County, Florida Coastal Storm Risk Management Project (Project). This letter serves as the Government's notice for the County to proceed with the acquisition of these property interests and to provide the Government with authorization for entry through a Certification of Lands. The real property interests required are located on Hutchinson Island in St. Lucie County, Florida, as shown in the enclosed maps (Enclosure 2) and identified in the enclosed Florida Department of Environmental Protection (FDEP) Permit No. 0154626- 001-JC (Enclosure 3), and are further described below: a. Perpetual beach storm damage reduction easements for the authorized project area identified in purple in Enclosure 2 that is landward of the erosion control line (ECL). b. Temporary work area easement for a minimum of 24 months for the staging areas identified in blue in Enclosure 2. c. Temporary work area easement for a minimum of 24 months for the access areas identified in pink in Enclosure 2. d. Sovereign submerged authorization from the State of Florida for the authorized project area identified in Enclosure 3, as amended, that is located seaward of the ECL. Enclosed are templates for the Certification of Lands (Enclosure 4), Attorney's Certificate of Authority (Enclosure 5), and the required language for the perpetual beach storm damage reduction easements (Enclosure 6) and the temporary work area easements (Enclosure 7). Please provide the land certification and all supporting Page 246 of 331 2 documentation by June 28, 2021 via mail to the Corps of Engineers, Jacksonville District, 701 San Marco Boulevard, Jacksonville, Florida 32207-8175. If you have any questions or require additional information, please contact Christopher Bukolt, email: Christopher.d.bukolt@usace.army. mi1, or by telephone: 904- 232-3401. Sincerely, MCQUILLEN.TI Digitally signed by MCQUILLEN.TIMOTHY.HAR MOTHY.HART.1 T.1050583305 Date: 2020.12.09 15:26:08 050583305 05,00, Timothy H. McQuillen Chief, Real Estate Division Enclosures Page 247 of 331 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50865 DATE: 12/15/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project — USACE Permitting Authorization BACKGROUND: At the request of beachfront property owners, St. Lucie County completed a non-federal beach project in 2013 to address beach erosion along the southern coastline of St. Lucie County (3.4 miles). Meanwhile, the County continued to pursue a federal shore protection project along the same shoreline. In 2018 a feasibility study for the federal project was approved by Congress. Concurrently, federal funding for initial construction was provided in the Bipartisan Act of 2018. After successfully petitioning for and receiving a construction timeline extension in early 2019, St. Lucie County's BOCC approved the South Hutchinson Island Municipal Services Taxing Unit (MSTU) in September 2020 to help fund the non-federal/non-state share of proposed construction. Subsequently, the BOCC approved the Project Partnership Agreement (PPA) with the U.S. Army Corps of Engineers (USACE) for the 50 year federal project on November 10, 2020. In preparation for initial construction (proposed winter 2021/spring 2022) staff is actively pursuing perpetual construction easements required for project bidding (July 2021). After preliminary discussions with both the USACE and the Florida Department of Environmental Protection (FDEP), and considering the similarities between the proposed federal and 2013 projects, it was determined that a minor permit modification to the County's existing state permit was the preferred permitting path for all parties. As a co -applicant, the USACE can avoid duplicative submissions and reviews already performed during the 2013 project, resulting in efficiency and cost savings. To do this, the County would need to request that the USACE be added as a co - applicant to existing permit No. 0154626-001-JC. As a co -applicant, the USACE will proposed modifications to the original design and help negotiate permit requirements consistent with the federal authorization, eventually attaining state permitting approval for initial construction. As co -applicants, County staff and our hired professional consultants will actively coordinate with USACE staff in all future modification requests to the state. PREVIOUS ACTION: Page 248 of 331 October 2, 2012 — Board approval of the 2013 South County Beach and Dune Restoration Project. January 23, 2018 — Board action to ratify and approve the extension of both federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project (Item No. 4965); permits extended through 2028. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the USACE as a co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to developed plans and attain state permits consistent with the project's congressional authorization; including approval for the Chair to sign documents associated with minor permit modification(s), as requested by the USACE and approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: December 01, 2020 Glenn Henderson, Mosquito Control Director Date: December 01, 2020 Don West, Public Works Director Date: December 02, 2020 Daniel McIntyre, County Attorney Page 249 of 331 Date: December 02, 2020 Mark Satterlee, Deputy County Administrator Page 250 of 331 3.A.10. 2021-51474 DATE: 5/4/2021 AGENDA REQUEST TO: Erosion District PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Sand & Sea Development Group, LLC - Parcel No. 46 - Parcel ID 3534-111-0008-000-6 and Parcel No. 47 - Parcel ID 3534-111- 0002-000-4 BACKGROUND: In 2013, St. Lucie County partially restored South County beaches while a federal shore protection project was under development by the U.S. Army Corps of Engineers (USACE). About 3.4 miles of beach from Normandy Beach Park to the Martin County line were nourished via placement of about 635,000 cubic yards of sand on the beach and 280,000 plants on the restored dune crest. As part of preparations for the 2013 project, in 2012, the County obtained Temporary Easements from each property owner in the project area. These Temporary Easements authorized a limited use of the seaward portion of each property by the County to construct, repair, nourish, rehabilitate and replace a beach and dune over the limits of construction ... from the landward toe of the dune to the mean high water line; these project specific Temporary Easements expired on March 1, 2016. The USACE is the agency designated by Congress to protect the nation's shores from the chronic effects of erosion and coastal flooding. After completion of studies by the USACE-Jacksonville District, the U.S. Congress authorized a 50-year federal cost -shared beach project through America's Water Infrastructure Act of 2018. The USACE is expected to place sand on the project beaches to help reduce the threat of coastal storm damage and avoid the high costs of coastal storm damage as part of the Congressionally -authorized project in coordination with St. Lucie County. To effectuate the federal project, the County must obtain Easements for construction and maintenance of the federal project - comparable to the Easements obtain for the 2013 project, but with a longer duration to cover all future USACE and County efforts to construct and maintain the federal project. USACE regulations relative to Real Estate Acquisition (ER 405-1-11) include provisions for Perpetual Construction Easements so as to avoid property rights interference with operation of the project by the USACE and County. As required by Florida Statutes (161.191), an Erosion Control Line (ECL) was established by the County prior to Page 251 of 331 construction of the 2013 project; the ECL effectively corresponded to the mean high water boundary between state sovereign lands and the adjacent upland property. All lands seaward of the ECL remain vested to the state by right of its sovereignty; the lands landward of the ECL remain vested to the upland owner. Perpetual Construction Easements are required for sand placement for areas landward of the ECL. Attached for your review and acceptance is a Perpetual Beach Storm Damage Reduction Easement from Sand & Sea Development Group, LLC. PREVIOUS ACTION: October 2, 2012 - Board approved the 2013 South County Beach and Dune Restoration Project. January 23, 2018 - Board action to ratify and approve the extension of federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project; permits extended through 2028. December 17, 2019 - Public Hearing advertised and subsequent Board approval of Resolution No. 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Services Taxing Unit (MSTU). September 2020 - Board approved the South Hutchinson Island MSTU during final FY-20/21 budget meeting. November 10, 2020 - Board approved the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement. December 9, 2020 - St. Lucie County receives a USACE official Project Land's Request, including a specific request for Perpetual Construction Easements along the proposed federal beach project area. December 15, 2020 - Board approved the U.S. Army Corps of Engineers (USACE) as co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to develop plans and attain state permits consistent with the project's congressional authorization. FINANCIAL IMPACT: N/A - Easement being donated. RECOMMENDATION: Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: �jX�L�LU1�l:�►[.7T� Page 252 of 331 AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: April 22, 2021 Katrina Slay, Agenda Coordinator Date: April 22, 2021 Daniel McIntyre, County Attorney Date: April 28, 2021 Joshua Revord, Senior Coastal Engineer Date: April 28, 2021 Don West, Public Works Director Date: April 28, 2021 Mark Satterlee, Deputy County Administrator Page 253 of 331 2020 South Hutchinson Island Coastal Storm Risk Management Project N W+E S 0.25 0.5 1 Miles Map created April 30, 2020 St. Lucie County, Florida Coastal Storm Risk Management Project PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT THIS EASEMENT, made this day of J"bliJt l 2co, between Sand & Sea Development Group, LLC, whose address is 201 S. Biscayne Boulevard, 22nd Floor, Miami, FL 3313 I, hereinafter referred to as the "Grantor", and St. Lucie County Erosion District, whose address is 2300 Virginia Avenue, Fort Pierce FL 34982, hereinafter referred to as the "Grantee" (Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: WHEREAS, GRANTOR owns beachfront property described in Exhibit "A", incorporated by reference and made a part hereof; and WHEREAS, GRANTEE and the Department of the Army have entered into a Project Partnership Agreement for the St. Lucie County, Florida Coastal Storm Risk Management Project (the "Project") whereby GRANTEE has agreed to be the Local Sponsor for the Project, which provides for beach and dune nourishment within the South Hutchinson Island reach; and WHEREAS, as Local Sponsor for the Project, GRANTEE is required to obtain "perpetual beach storm damage reduction" easements from owners of property in the South Hutchinson Island reach, such as GRANTOR; and WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage to GRANTOR's property and restore the adjacent beach and dune. NOW THEREFORE, in consideration of the mutual benefits to be derived from the permitted uses described below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties to this easement agree to the following: GRANTOR does hereby bargain, convey, and grant 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 GRANTEE, its representatives, agents, contractors, and assigns to construct, preserve; patrol; operate; maintain; repair; rehabilitate; and replace; a public beach a 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 and access; to plant vegetation on said dunes and berms; to erect, maintain and remove silt screens and sand fences; to facilitate preservation of dunes and vegetation through the limitation of access to dune areas; to trim, cut, fell, and remove from said land all trees, underbrush, debris, obstructions, and any other vegetation, structures and obstacles within the limits of the easement; reserving, however, to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns, the right to construct dune over -walk structures in accordance with any applicable Federal, State, or local laws or regulations, provided that such structures shall not violate the integrity of the dune in shape, dimension or function, and that prior approval of the plans and specifications for such structures is obtained from the designated representative of the Project Sponsor and provided further that such structures are subordinate to the construction, operation, maintenance, repair, rehabilitation and replacement of the project; and further reserving to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns all such rights and privileges as may be used and enjoyed without interfering with or abridging the rights and easements hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. GRANTOR and GRANTEE shall each be responsible for their own acts of negligence when acting within the scope of this Easement and shall only be liable for any damages resulting from their own negligence. Nothing herein is intended to be a waiver of sovereign immunity or of any applicable statutory limitations of liability, including, but not limited to, Section 768.28, Florida Statutes, by GRANTEE (or GRANTOR if applicable). Nothing herein shall be construed as consent by GRANTOR or GRANTEE to be sued by third parties in any manner arising out of this Easement. This Easement shall become effective upon proper execution by GRANTOR. Page 255 of 331 The covenants, rights, privileges, restrictions, and reservations set forth herein shall run with the land. The terms and conditions of this Easement shall be deemed severable. Consequently, if any term or condition in this Easement shall be held illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and not withstanding any such determination, this Easement shall continue in full force and effect unless the particular term or condition held illegal or void renders the balance of the Easement impossible to perform. IN WITNESS WHEREOF, GRANTOR has set hereto its hand and seal on the day and year above written. Signed, sealed and delivered in the presence of: Witness Signature Print Witness Name Witness Signature'.' Print Witness Name ' `�j � -Iy 6iE44L-- STATE OF / 4 . LLd COUNTY OF � /f-1 /J e�� Sand & Sea Dev lopment Group, LLE Signature Title Manager The foregoing instrument was acknowledged before me by means of )�_ physical presence or _ online notarization, this/� day of/*,¢r —A 202L, by S4YG,( / of San Sea D velo m LLC a Florida limited liability com an , on behalf of the company. S is ersonally known to me has produced as identification. [NOTARY SEAL] «p " DEENACUNNING€1AM i MY COMMISSION # GG 211352 EXPIRES: August 26, 2022 Bonded Thru Notary Public Underwriters No ublic My Commission expires: Z�j/2-� Page 256 of 331 42 94-77-A07 EXHIBIT "A" SECTION 27, TOWNSHIP 36S, SECTION 34, TOWNSHIP 36�8', R 98 1 1 1E - 27 35 U n m m 00 z z A fwn OO 0 Cn _ _ U U X n z z 0 G) m m � ,A m `m PROPOSED EASEMENT (SEE DETAIL SHEET 3) 1" = 600 FEET MEAN HIGH WATER LINE ELEVATION = 0.51 NAVD 88 JANUARY 18, 2012 1 t 1 ATLANTIC oaA ' OCEAN 1 LANDWARD LIMITS OF CONSTRUCTION LEGEND P.O.B. = POINT OF BEGINNING NAD = NORTH AMERICAN DATUM NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 R-102 = FDEP RANGE MONUMENT (TYP) - MEAN HIGH WATER LINE AND EROSION CONTROL LINE AS LOCATED JANUARY 18, 2012 - - - - - - - - - - - PROPOSED LANDWARD LIMITS OF CONSTRUCTION AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION mmN, PROPOSED EASEMENT AREA Morgan Sr Eklund Inc. PROFESSIONAL SURVEY CONSULTANTS r p_ 1612 NW 2ND AVENUE MIME 4909 US HIGHWAY f1 SUITE 3 VERO BEACH FL 32987 BOCA RATON FL 33432 PHONE: (772� 3W-5364 PHONE (954J 421-6W2 FAX: (772) 388-3185 LB 14298 FAX: (954) 421-0425 • � R-101 A 1 l 1 9 i N 0 �O RAC2 L N , 5 I t 1 l R-103 COWS" NA SKETCH OF LEGAL DESCRIPTION 35117-9 PARCELS WM11100080006 AND 353411100020004 SOUTH ST. LUCIE COUNTY BEACH RESTORATION FOR ST. LUCIE COUNTY EROSION OISTRICT 11f aza tnuw lr aerRm sr Ana iao r av[ a A�cr a� 1 v 3 LP1' DVI& PAGE AU - Page 257 of 331 SIRC R98 -18 2012 NAD 83190 N=1081985.60 F=9C9213.27 POINT OF BEGINNING OF WEST EASEMENT LINE NAD 83190 N=1081789.13 //,�-E=909316.22 L2 � I 34 1 35 DNR MONUMENT 94-77-AO6 NAD 83190 1\1=1079107.8� E=909950.7? cp ATLANTIC TOWNSHIP 36S, RANGE 41E OCEAN 1TOWNSHIP 37S, RANGE 411E �j 3 2 02 �> L12 P m � �9 , v 12 LANDWARD LIMITS OF CONSTRUCTION 10 1 p II � ST. LUCIE COUNTY MARTIN COUNTY Line Table Line # Direction Length L1 N14' 22' 29"W 2970.72' L2 S27' 39' 18"E 221.81' L3 S23' 01' 00"E 757.60' L4 S21' 45' 01"E 999.30' 1-5 S22' 40' 46"E 988.27' L6 S20' 27' 48"E 974,64' L7 S20' 39' 36"E 987.46' 1-8 S22' 42' 50"E 972.76' L9 S23' 29' 45"E 1008.81' L10 S22' 12' 18"E 940.81' L11 S22' 16' 46"E 654.48' L12 S19' 36' 39"E 386.32' L13 S23' 36' 20"E 977.16' L14 S23' 57' 25"E 1104.24' L15 S24' 26' 17"E 1082,21' L16 S23' 50' 11 "E 803.61' L17 S22' 36' 27"E 1129.03' L18 S22' 14' 48"E 1010,56' 1-19 S22' 36' 24"E 787.45' L20 S22' 56' 21 "E 1983.23' L21 I N38' 18' 07"E 26.84' POINT OF TERMINATION OF WEST EASEMENT LINE DNR MONUMENT N=1065595.88 NAD 83190 PL-R-1 4-9.22 1992 E=916068.51 N=1065574.82 NAD 83190 E=916051.88 L21 SI(ETCH OF LEGAL DESCRIPTION Morgan Eklund Inc. „ W.;,.,,a;o LANDWARD LIMITS OF CONSTRUCTION � PROFESSIONAL OUNYET CONSULTANTS _ 3Un1� o� 3 7�__ f SOUTH ST. LUCIE COUNTY BEACH RESTORATION i"=3aoa' 1 � M��E' „OW �F ram, ,, „� �/ j%? FOR ST. LUCIE COUNTY EROSION DISTRICT PHONE- 3E6-53" PlIOIE !6t 421-OtE2 FAT(: (I `.i0E-31 w FAIL ( ) 421--mi �� ov r ,emu m a� s L9 + 42M LFP �WC AIE A0. Page 258 of 331 42 EXHIBIT "A" , .-P 7 MEAN HIGH WATER LINE — ELEVATION = 0.51 NAVD 88 JANUARY 18, 2012 353411100020004 SAND & SEA DEVELOPMENT GROUP, LLC 201 S. BISCAYNE BLVD., 22nd FLOOR MIAMI, FL 33131 (� •. (.fro+i i 353411100080006 , SAND & SEA DEVELOPMENT GROUP, LLC O.': 201 S. BISCAYNE BLVD., 22nd FLOOR MIAMI, FL 33131 m, PROPOSED EASEMENT (0.41+ Ac.) ' VA LANDWARD LIMITS OF CONSTRUCTION ATLANTIC OCEAN DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 3226, PAGE 2842, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A DEPARTMENT OF NATURAL RESOURCES MONUMENT STAMPED 94 77 A06, HAVING COORDINATES OF NORTHING 1,079,107.89 FEET AND EASTING OF 909,950.79 FEET AS REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT (NAD83190), PROCEED ALONG A BEARING OF N 14' 22' 29" W FOR A DISTANCE OF 2,970.72 FEET TO A SET IRON ROD AND CAP STAMPED R98-15 2012, HAVING COORDINATES OF NORTHING 1,081,985.60 FEET AND EASTING 909,213.27 FEET; THENCE S 27' 39' 18" E FOR A DISTANCE OF 221.81 FEET TO A POINT; HAVING COORDINATES OF NORTHING 1.081.789.13 FEET AND EASTING OF 909.316.22 FEET, SAID POINT BEING THE POINT OF BEGINMNG OF THE FOLLOWING DESCRIBED LANDWARD LIMITS OF CONSTRUCTION LINE; THENCE S 23° 01' 00" E FOR A DISTANCE OF 757.60 FEET TO A POINT; THENCE S 21 ° 45' 01" E FOR A DISTANCE OF 999.30 FEET TO A POINT; THENCE S 22' 40' 46" E FOR A DISTANCE OF 988.27 FEET TO A POINT; THENCE S 20' 27' 48" E FOR A DISTANCE OF 974.64 FEET TO A POINT; THENCE S 20' 39' 36" E FOR A DISTANCE OF 987.46 FEET TO A POINT; THENCE S 22' 42' 50" E FOR A DISTANCE OF 972.76 FEET TO A POINT; THENCE S 23° 29' 45" E FOR A DISTANCE OF 1008.81 FEET TO A POINT; THENCE S 22° 12' 18" E FOR A DISTANCE OF 940,81 FEET TO A POINT; THENCE S 22' 16' 46" E FOR A DISTANCE OF 654.48 FEET TO A POINT; THENCE S 19' 3639" E FOR A DISTANCE OF 386.32 FEET TO A POINT; THENCE S 23' 36' 20" E FOR A DISTANCE OF 977.16 FEET TO A POINT; THENCE S 23' 57' 25" E FOR A DISTANCE OF 1104.24 FEET TO A POINT; THENCE S 24' 26' 17" E FOR A DISTANCE OF 1082.21 FEET TO A POINT; THENCE S 23° 50' 11" E FOR A DISTANCE OF 803.61 FEET TO A POINT; THENCE S 22' 36' 27" E FOR A DISTANCE OF 1129.03 FEET TO A POINT, THENCE S 22� 14' 48" E FOR A DISTANCE OF 1010.66 FEET TO A POINT; THENCE S 22' 36' 24" E FOR A DISTANCE OF 787.45 FEET TO A POINT; THENCE S 22° 56' 21" E FOR A DISTANCE OF 1983.23 FEET TO THE POINT OF TERMINATION, HAVING COORDINATES OF NORTHING 1,065,595.88 FEET AND EASTING OF 916,068.51 FEET, SAID POINT BEING 26.84 FEET DISTANT FROM A DEPARTMENT OF NATURAL RESOURCES MONUMENT PL-R-1 4-9-92 1992 (HAVING COORDINATES OF NORTHING 1,065,574.82 FEET AND EASTING 916.051.88 FEET NAD 83/90) ALONG A BEARING OF N 38- 18' 07" E. "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION" NOTES: THIS IS NOT A SURVEY. CERRflCAT£ OF SURVEYOR - !HEREBY CERTIFY 7TUT THE INFORMATION LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, OWNERSHR OR SHOWN HEREON 15 IN ACCORDANCE WTN A RECENT FIELD SURVEY EASEMENTS OF RECORD RUDE UNDER MY DIRECTION, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND MEY78 THE STANDRDS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA DF PRACRCE AS SET FORTH BY THE FIORlDA 80ARD OF PRDFESSFESSI lDNAtNA! LICENSED SURVEYOR AND MAPPER LAND SURVEYORS IN chApTo? 51-17, FLORIDA ADMIN15TRATTVE CODE. PURSUANT TD SECTION 472.021, FLORIDA VanflES-O�/ COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990. PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS �U4VIO�CIN PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY PSM OR BIND MAPPER * 6359 WAIF o CORPORATION. � M&E ` Morgan SE Eklund Inc. PROFESSIONAL SURVEY CONSULTANTS 1812 NW 2ND AVENUE 4909 US HIGHWAY +1 SUFrE 3 VERO BE(AC7H, FL 32967 9" PATON FL 33432 FFAX:7(772) )3M8 3165 PHAX: (96+) 4212-04252 LB /429M Qommm is SETCH OF LEGAL DESIOPTON 35117-9 PARCELS 35MI110008M AND 353411100020004 s"z SOUTH ST. LUCIE COUNTY BEACH RESTORATION 1 WE FOR ST. LUCIE COUNTY EROSION DISTRICT 11, 0/20 MW dY d�'ID dY lilD NCW ➢UL GF .RM1' _ LFP ., 1110C MS Page 259 of 331 Waiver of Right to Receive Fair Market Value WHEREAS (Owner) desires to donate to St. Lucie County Erosion District, a dependent special district of St. Lucie County, a political subdivision of the State of Florida, a perpetual beach storm damage reduction easement, to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace a public beach dune system, and other erosion control and storm damage reduction measures associated with The St. Lucie County, Florida Coastal Storm Risk Management Project (PROJECT NAME). AND WHEREAS under the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended, any landowner donating lands, easements, rights -of -way, and dredged material disposal areas for construction and subsequent operation and maintenance for Federal or Federally assisted projects is entitled to receive fair market value as compensation for said property. NOW BE IT KNOWN that the landowner hereby acknowledges the fact that he/she/it is aware of the right to receive fair market value for the above -described easement and does hereby forever waive such right to receive fair market value for the easement. This waiver is binding upon said landowners, his/her/its heirs, successors, and assigns. Sand & Sea Development Group, LLC Witness Signature: Signature: Print Witness Name: P "dreg Namc: Witness Signature: Title: Manager Print Witness Name: 6 U � Date: �_ K9 i2 ` Page 260 of 331 RESOLUTION NO. 2021-130 A RESOLUTION ACCEPTING A PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT ON BEHALF OF ST. LUCIE COUNTY EROSION DISTRICT BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, that: The foregoing Perpetual Beach Storm Damage Reduction Easement from Sand & Sea Development Group, LLC is duly accepted on behalf of St. Lucie County Erosion District this 4tn day of May, 2021 subject to: • The Erosion District satisfying the U.S. Army Corps of Engineers (USACE) requirement for project land certification, including the acquisition of Perpetual Beach Storm Damage Reduction Easements along the project area, sufficient to initiate construction of the proposed federal beach project. • The Erosion District receiving the pre -determined funding from both the State and Federal Governments necessary to complete initial beach nourishment. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA w Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: w County Attorney Page 261 of 331 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: EROSION DISTRICT BOARD Mosquito Control & Coastal Management Services South County Beach & Dune Restoration Project See attached memorandum. CONSENT (X) PRESENTED BY: Richard A. Bouchard, P.E. Sr. Coastal Engineer 184-9910-599305-800 (Reserves - Erosion District) 184217-3710-531000-36203 (FDEP Grant - pending Board approval) 184217-3710-546340-36203 (FDEP Grant - pending Board approval) 39012-4115-546340-36203 (Maintenance Beach Renourishment - SHE SAD) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of recommendations (1), (2), (3), (4) and (5) as outlined in the attached agenda item. COMMISSION ACTION: { ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA, ICMA-CM County Administrator li� Coordination/Signatures County Attorney (x) OMB Director Daniel S. McIntyre Originating Dept. ( x ) aWes R. David Erosion District i (x) �v� (- Marie Gouin Patty Marston-Duva Melissa Simberfund Desiree Cimino (x) Richard ouchard AGEND378-WGOUNTY Page 262 of 331 Mosquito Control & Coastal Management Services Erosion District MEMORANDUM TO: Erosion District Board THROUGH: James R. David, Mosquito Control & Coastal Management Services Director FROM: Richard A. Bouchard, P.E., Sr. Coastal Engineer DATE: October 2, 2012 SUBJECT: South County Beach & Dune Restoration Project ITEM NO. II -A Background: St. Lucie County has initiated a non-federal project to address the severely deteriorated conditions of the South County shoreline while paralleling the development of a federal shore protection project to provide for future re -nourishment of the beaches in the project area. A benefit based funding plan was developed for this one-time local beach and dune project that includes three funding sources; State funding at 43%, Erosion District Zone E reserve funding at 23% and Special Assessment District (SAD) funding at 34%. After numerous meetings, workshops and public bearings the Board approved the assessment role and levied assessments against each parcel within the SAD on September 4, 2012. The following are all companion items that require formal Board action in order for this project to proceed: FDEP Grant Agreement 13SL1 and Budget Resolution 12-010: The Florida Beach Erosion Control Program (FBECP) is a Long -Range Budget Plan administered through the Florida Department of Environmental Protection (FDEP) to assist eligible local governments with their beach erosion control projects. A large portion of the efforts to date on the South County Beach Restoration project has been funded through this program, more specifically through FDEP Project Agreement 11 SL1. This new grant agreement will include additional state funding of $4,609,495 and a maximum local match of $5,989,482. A small portion of these grant funds are intended for reimbursement of recent pre -construction and permitting activities associated with this project which were performed utilizing Erosion District funds. The remaining state grant funds will be used in conjunction with SAD and Erosion District funds to promote construction and monitoring activities as outlined below. Budget Resolution 12-010 establishing the grant funding is also attached. Recommendation (9): Board approval of the draft FDEP Project Agreement 13SL1 and Budget Resolution No. 12-010 and authorization for the Chairman to sign documents as approved by the County Attorney. Page 263 of 331 ITEM NO. (ID # 4965) J DATE: 01/23/2018 COUNTY ` R I ID A AGENDA REQUEST *CONSENTAGENDA TO: Erosion District PRESENTED BY: Richard Bouchard, Senior Coastal Engineer SUBMITTED BY: Erosion District SUBJECT: South County Beach and Dune Restoration Project (Permit Extensions) BACKGROUND: At the request of beachfront property owners St. Lucie County completed a non-federal project to address the severely deteriorated conditions of the South County shoreline. Concurrently, the development of a federal shore protection project is underway to provide for future re -nourishment of the beaches in the project area. The one-time local project encompassed approximately 3.3 miles of Atlantic Ocean coastline, from Martin County north to Normandy Beach Park and was completed in May 2013. Substantial effort and resources went into securing state and federal permits this project. Prior to allowing these 5-year permits to lapse, staff contacted the regulatory agencies to initiate 10-year extensions. Maintaining these permits will most likely be very beneficial in the future with the proposed federalization or potential FEMA claims. It would also be very costly and time consuming to reactivate these permits once they expire. Staff recommends extending these permits an additional 10-years. PREVIOUS ACTION: October 2, 2012 - Board approval of the South County Beach and Dune Restoration Project. FINANCIAL IMPACT: There is no financial impact associated with this action. RECOMMENDATION: Staff recommends that the Erosion District Board ratify and approve the extension of federal and state permits for the South County Beach and Dune Restoration Project. COMMISSION ACTION: Page 264 of 331 RESULT: MOVER: SECONDER: ADOPTED BY CONSENT VOTE [UNANIMOUS] Cathy Townsend, District No. 5 Linda Bartz, District No. 3 Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend Coordination/Signatures anie s. McIntyre, C my ttorney 1/8/2018 Updated: 1/5/2018 2:50 PM by Richard Bouchard Page 2 Page 265 of 331 r Luc a- AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Barbara Guettler, MSBU Coordinator SUBMITTED BY: Public Works 9.B.1. RES-2019-286 PUBLIC HEARINGS -PUBLIC WORKS DATE: 12/17/2019 *RESOLUTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? NO SUBJECT: South Hutchinson Island MSTU Option "A", SHI Beach Erosion Control MSTU BACKGROUND: The County is currently investigating the feasibility of several options to partially fund the cost of providing ongoing beach and dune restoration improvements associated with a Federal beach project (from Normandy Beach south, approximately 3.4 miles, to the Martin County line). The following options are those relating to the creation of Municipal Services Taxing Units ("MSTUs"). On South Hutchinson Island, from Normandy Beach to the Martin County line, there are approximately 2848 taxable parcels east of A1A and 3430 taxable parcels west of A1A. Per Section 40-59 of the St. Lucie County Code of Ordinances, in order to preserve the County's option to levy ad valorem taxes in the MSTUs starting in 2020, the County must hold advertised public hearings and create the MSTUs prior to January 1, 2020. The creation of the MSTUs does not in any way obligate the County to levy ad valorem taxes; rather, it simply preserves the County's option to do so, if it is found to be the most feasible funding option. The determination as to how much ad valorem revenue to be raised in the MSTUs, if any, and the corresponding millage rate for each MSTU would be determined by the Board during its budget deliberations next year. Option "A" would be to create one MSTU to levy ad valorem taxes on all of the parcels on South Hutchinson Island from Normandy Beach to the Martin County line. If this option is chosen, all of the parcels within the MSTU (both east and west of A1A) would share the same millage rate to fund future beach and dune restoration projects within the MSTU boundary. This option was suggested by the Presidents Council. Option "B" would be to create an MSTU to levy ad valorem taxes on all of the parcels east of A1A from Normandy Beach to the Martin County line. This option would encompass all taxable parcels with beach frontage. Page 266 of 331 Option "C" would be to create an MSTU to levy ad valorem taxes on all of the parcels west of A1A from Normandy Beach to the Martin County line. In order to allow the Board the greatest flexibility to set and adjust separate millage rates for parcels east and west of A1A, Staff recommends a combination of Option "B" and Option "C". Creating two separate MSTUs (SHI East and SHI West) would allow Staff and the Board to research and determine a fair and equitable millage rate for each side of A1A based on the level of benefit the parcels would receive from the improvements. This would not restrict the Board from levying the same millage rate for both MSTUs if doing so is determined to be the most reasonable option. County agenda software does not allow multiple resolutions to be attached to one agenda item; therefore, each MSTU option will be considered during separate public hearings. This is the public hearing for Option "A", SHI Beach Erosion Control MSTU. PREVIOUS ACTION: November 19, 2019 - Board granted permission to advertise these public hearings. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board's disapproval of the attached resolution, SHI Beach Erosion Control MSTU. COMMISSION ACTION: RESULT: Adopt MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: December 03, 2019 Don West, Public Works Director Page 267 of 331 Date: December 03, 2019 Daniel McIntyre, County Attorney Date: December 03, 2019 Mark Satterlee, Deputy County Administrator Page 268 of 331 5.A.1. 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50618 DATE: 11/10/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - USACE Project Partnership Agreement (PPA) - ADD ON BACKGROUND: In November 2002 , the U.S. Army Corps of Engineers (USACE) completed a "Section 905(b) analysis for a "St. Lucie County ,Florida — Hurricane and Storm Damage Reduction Study" including the Study Area - from just south of Blind Creek (R-77) to the Martin County Line (R-115). This reconnaissance report recommended that the "study proceed into the feasibility phase", which was eventually initiated in 2004. Shortly afterwards, the USACE re-scoped the Federal project (reducing the proposed project area) and approved it as part of their 3x3x3 Plan; eventually receiving federal funding to move the study forward. While in the feasibility phase, storm events (including Hurricane Sandy) impacted South County Beaches. The storm damages experienced after these events warranted quick/specific action. St. Lucie County, with support from the State of Florida and local stakeholders, initiated construction of a one-time, non-federal beach restoration project in April 2013 while federal efforts continued. The project consisted of the nourishment of 3.4 miles of FDEP designated "critically eroded" Atlantic shoreline from FDEP monument R-98 (Normandy Beach) to the Martin County line (R-115). The project included placement of approximately 635,164 cubic yards of beach compatible sand from St. Lucie Shoal and was partially funded through a Special Assessment District (SAD) created for the project. A nearshore limestone boulder mitigation reef was also completed to offset project related hard -bottom impacts. Eventually, the South St. Lucie County, Florida Storm Risk Management Project Feasibility Study was completed and approved; receiving a signed Chief's Report (December 15, 2017) and federal Congressional authorization (2018 WRDA Bill). In addition, Erosion District Staff diligently pursued and secured approximately $6.4 million in state grant funds from the Florida Department of Environmental Protection (FDEP) for the initial federal beach project (FDEP Grant 19SL4 and 20SL3) and unilaterally increased the level of federal participation by 7% by creating additional public beach access at County owned beach parks. To help fund future construction efforts associated with this project, the St. Lucie County BOCC drafted and subsequently approved the South Hutchinson Island Municipal Service Taxing Unit (MSTU). Page 269 of 331 Since 2013, persistent beach erosion has continued to impact this stretch of coastline, and the previously executed project is now quickly approaching its design life expectancy (10 years). In addition, this beach area has received significant damages from Hurricane Matthew (2016), Hurricane Irma (2017), Hurricane Dorian (2019), and Hurricane Isaias (2020). The increased frequency of storm events along our coast naturally promotes the need for a long-term beach management plan/strategy. The attached Project Partnership Agreement (PPA) includes such a plan, and it is seen as the best option for the long-term stability of the southern Atlantic shoreline of St. Lucie County. Future federal participation not only assists in partially funding future beach nourishment efforts but also enhances the County's ranking in future state Beach Management Funding Assistance requests, which includes ranking metrics contingent on the level of federal participation. Execution of the attached Project Partnership Agreement (PPA) is required for the USACE to officially initiate efforts associated with the proposed federal beach project. The attached agreement includes provisions that allow permit required physical and biological monitoring to be eligible for future work in -kind credit. Non - Federal funding for the initial beach project is required prior to July 2021. Absent of federal participation, the County/local residents would be responsible for funding, initiating, and managing all future beach nourishment effort along this stretch of beach. PREVIOUS ACTION: 1999 - St. Lucie County's Erosion District initiates process to seek federal support and management of St. Lucie County's southern beaches at the direct request of South Hutchinson Island residents. 2004 - Erosion District and the U.S. Army Corps of Engineers (USACE) sign feasibility cost sharing agreement as first major step towards beach federalization. Major coastal storm impacts from Hurricanes Frances and Jeanne. 2005-2007 - Emergency dune restoration takes place with Florida Department of Environmental Protection (FDEP) and Federal Emergency Management Agency (FEMA) funding. 2013 - South County Beach impacts from Hurricane Sandy. Erosion District coordinates a one-time emergency beach nourishment project in response to beachfront residents' requests. Beach and dune restoration completed for approximately 3.4 miles of shoreline from the Martin County line north to Normandy Beach Park. 2017-2018 — Feasibility report completed and Congress authorizes the St. Lucie County, Florida Storm Risk Management Project in the 2018 Water Resources Development Act (WRDA); including a fifty (50) year project life. Federal Share of construction funded in Bipartisan Act of 2018 (PL 115-123). March 2019 — St. Lucie County successfully petitioned and receives a construction timeline extension; initial beach project construction re -scheduled for winter 2021/spring 2022. December 2019 — Public Hearing advertised and subsequent Board approval of Resolution 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Page 270 of 331 Services Taxing Unit (MSTU). September 2020 - County approves the South Hutchinson Island MSTU during final FY-20/21 budget meeting. FINANCIAL IMPACT: As of the effective date of this Agreement, total construction costs are projected (by the USACE) to be $114,794,000 over the proposed fifty (50) year project life. This includes one (1) initial beach nourishment event and two (2) follow-up re -nourishment events. The non-federal/local share of the fifty (50) year project duration is estimated at $81,968,000, with a $32,826,000 federal contribution. The total cost of the initial nourishment event (scheduled for Fy-2022/2023) is estimated at $22,894,000, consisting of an $8,013,000 federal (35%) and $14,881,000 (65%) non-federal/local cost share arrangement. RECOMMENDATION: Staff recommends Board approval of the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement (and associated documents) and authorization for the Chair to sign those documents as approved by the County Attorney. COMMISSION ACTION: RESULT: Approve MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: November 04, 2020 Glenn Henderson, Mosquito Control Director Date: November 04, 2020 Jennifer Garrity, Management Analyst Date: November 04, 2020 Jennifer Hill, Office of Management & Budget Director Page 271 of 331 Date: November 04, 2020 Daniel McIntyre, County Attorney Date: November 04, 2020 Alphonso Jefferson, Deputy County Administrator Page 272 of 331 T Op 0 Gy'Tf STATES O4 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 701 SAN MARCO BOULEVARD JACKSONVILLE, FLORIDA 32207-8175 Mr. Howard Tipton County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Sent via email to tiptonh@stlucieco.org Dear Mr. Tipton: December 9, 2020 As provided by the terms of the Project Partnership Agreement (PPA) between the Department of the Army and St. Lucie County, Florida dated December 2, 2020 (Enclosure 1), St. Lucie County, Florida agrees to provide the real property interests required for the St. Lucie County, Florida Coastal Storm Risk Management Project (Project). This letter serves as the Government's notice for the County to proceed with the acquisition of these property interests and to provide the Government with authorization for entry through a Certification of Lands. The real property interests required are located on Hutchinson Island in St. Lucie County, Florida, as shown in the enclosed maps (Enclosure 2) and identified in the enclosed Florida Department of Environmental Protection (FDEP) Permit No. 0154626- 001-JC (Enclosure 3), and are further described below: a. Perpetual beach storm damage reduction easements for the authorized project area identified in purple in Enclosure 2 that is landward of the erosion control line (ECL). b. Temporary work area easement for a minimum of 24 months for the staging areas identified in blue in Enclosure 2. c. Temporary work area easement for a minimum of 24 months for the access areas identified in pink in Enclosure 2. d. Sovereign submerged authorization from the State of Florida for the authorized project area identified in Enclosure 3, as amended, that is located seaward of the ECL. Enclosed are templates for the Certification of Lands (Enclosure 4), Attorney's Certificate of Authority (Enclosure 5), and the required language for the perpetual beach storm damage reduction easements (Enclosure 6) and the temporary work area easements (Enclosure 7). Please provide the land certification and all supporting Page 273 of 331 2 documentation by June 28, 2021 via mail to the Corps of Engineers, Jacksonville District, 701 San Marco Boulevard, Jacksonville, Florida 32207-8175. If you have any questions or require additional information, please contact Christopher Bukolt, email: Christopher.d.bukolt@usace.army. mi1, or by telephone: 904- 232-3401. Sincerely, MCQUILLEN.TI Digitally signed by MCQUILLEN.TIMOTHY.HAR MOTHY.HART.1 T.1050583305 Date: 2020.12.09 15:26:08 050583305 05,00, Timothy H. McQuillen Chief, Real Estate Division Enclosures Page 274 of 331 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50865 DATE: 12/15/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project — USACE Permitting Authorization BACKGROUND: At the request of beachfront property owners, St. Lucie County completed a non-federal beach project in 2013 to address beach erosion along the southern coastline of St. Lucie County (3.4 miles). Meanwhile, the County continued to pursue a federal shore protection project along the same shoreline. In 2018 a feasibility study for the federal project was approved by Congress. Concurrently, federal funding for initial construction was provided in the Bipartisan Act of 2018. After successfully petitioning for and receiving a construction timeline extension in early 2019, St. Lucie County's BOCC approved the South Hutchinson Island Municipal Services Taxing Unit (MSTU) in September 2020 to help fund the non-federal/non-state share of proposed construction. Subsequently, the BOCC approved the Project Partnership Agreement (PPA) with the U.S. Army Corps of Engineers (USACE) for the 50 year federal project on November 10, 2020. In preparation for initial construction (proposed winter 2021/spring 2022) staff is actively pursuing perpetual construction easements required for project bidding (July 2021). After preliminary discussions with both the USACE and the Florida Department of Environmental Protection (FDEP), and considering the similarities between the proposed federal and 2013 projects, it was determined that a minor permit modification to the County's existing state permit was the preferred permitting path for all parties. As a co -applicant, the USACE can avoid duplicative submissions and reviews already performed during the 2013 project, resulting in efficiency and cost savings. To do this, the County would need to request that the USACE be added as a co - applicant to existing permit No. 0154626-001-JC. As a co -applicant, the USACE will proposed modifications to the original design and help negotiate permit requirements consistent with the federal authorization, eventually attaining state permitting approval for initial construction. As co -applicants, County staff and our hired professional consultants will actively coordinate with USACE staff in all future modification requests to the state. PREVIOUS ACTION: Page 275 of 331 October 2, 2012 — Board approval of the 2013 South County Beach and Dune Restoration Project. January 23, 2018 — Board action to ratify and approve the extension of both federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project (Item No. 4965); permits extended through 2028. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the USACE as a co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to developed plans and attain state permits consistent with the project's congressional authorization; including approval for the Chair to sign documents associated with minor permit modification(s), as requested by the USACE and approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: December 01, 2020 Glenn Henderson, Mosquito Control Director Date: December 01, 2020 Don West, Public Works Director Date: December 02, 2020 Daniel McIntyre, County Attorney Page 276 of 331 Date: December 02, 2020 Mark Satterlee, Deputy County Administrator Page 277 of 331 3.A.11. 2021-51406 DATE: 5/4/2021 AGENDA REQUEST TO: Erosion District PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - The Princess Condominium Association of Hutchinson Island, Inc. - Parcel No. 33 - Parcel ID 4502-610-0000-000-6 BACKGROUND: In 2013, St. Lucie County partially restored South County beaches while a federal shore protection project was under development by the U.S. Army Corps of Engineers (USACE). About 3.4 miles of beach from Normandy Beach Park to the Martin County line were nourished via placement of about 635,000 cubic yards of sand on the beach and 280,000 plants on the restored dune crest. As part of preparations for the 2013 project, in 2012, the County obtained Temporary Easements from each property owner in the project area. These Temporary Easements authorized a limited use of the seaward portion of each property by the County to construct, repair, nourish, rehabilitate and replace a beach and dune over the limits of construction ... from the landward toe of the dune to the mean high water line; these project specific Temporary Easements expired on March 1, 2016. The USACE is the agency designated by Congress to protect the nation's shores from the chronic effects of erosion and coastal flooding. After completion of studies by the USACE-Jacksonville District, the U.S. Congress authorized a 50-year federal cost -shared beach project through America's Water Infrastructure Act of 2018. The USACE is expected to place sand on the project beaches to help reduce the threat of coastal storm damage and avoid the high costs of coastal storm damage as part of the Congressionally -authorized project in coordination with St. Lucie County. To effectuate the federal project, the County must obtain Easements for construction and maintenance of the federal project - comparable to the Easements obtain for the 2013 project, but with a longer duration to cover all future USACE and County efforts to construct and maintain the federal project. USACE regulations relative to Real Estate Acquisition (ER 405-1-11) include provisions for Perpetual Construction Easements so as to avoid property rights interference with operation of the project by the USACE and County. As required by Florida Statutes (161.191), an Erosion Control Line (ECL) was established by the County prior to construction of the 2013 project; the ECL effectively corresponded to the mean high water boundary between Page 278 of 331 state sovereign lands and the adjacent upland property. All lands seaward of the ECL remain vested to the state by right of its sovereignty; the lands landward of the ECL remain vested to the upland owner. Perpetual Construction Easements are required for sand placement for areas landward of the ECL. Attached for your review and acceptance is a Perpetual Beach Storm Damage Reduction Easement from The Princess Condominium Association of Hutchinson Island, Inc. PREVIOUS ACTION: October 2, 2012 - Board approved the 2013 South County Beach and Dune Restoration Project. January 23, 2018 - Board action to ratify and approve the extension of federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project; permits extended through 2028. December 17, 2019 - Public Hearing advertised and subsequent Board approval of Resolution No. 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Services Taxing Unit (MSTU). September 2020 - Board approved the South Hutchinson Island MSTU during final FY-20/21 budget meeting. November 10, 2020 - Board approved the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement. December 9, 2020 - St. Lucie County receives a USACE official Project Land's Request, including a specific request for Perpetual Construction Easements along the proposed federal beach project area. December 15, 2020 - Board approved the U.S. Army Corps of Engineers (USACE) as co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to develop plans and attain state permits consistent with the project's congressional authorization. FINANCIAL IMPACT: N/A - Easement being donated. RECOMMENDATION: Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None Page 279 of 331 NAYS: None EXCUSED: None Coordination/Signatures Date: April 19, 2021 Katrina Slay, Agenda Coordinator Date: April 20, 2021 Daniel McIntyre, County Attorney Date: April 20, 2021 Joshua Revord, Senior Coastal Engineer Date: April 28, 2021 Don West, Public Works Director Date: April 27, 2021 Mark Satterlee, Deputy County Administrator Page 280 of 331 2020 South Hutchinson Island Coastal Storm Risk Management Project N W+E S 0.25 0.5 1 Miles Map created April 30, 2020 age 281 0 St. Lucie County, Florida Coastal Storm Risk Management Project PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT THIS EASEMENT, made this S7141� day of 2M between The Princess Condominium Association of Hutchinson Island, Inc., whose address is 9610 S Ocean Dr, Jensen Beach, FL 34957, hereinafter referred to as the "Grantor", and St. Lucie County Erosion District, whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter referred to as the "Grantee". (Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: WHEREAS, GRANTOR owns beachfront property described in Exhibit "A", incorporated by reference and made a part hereof, and WHEREAS, GRANTEE and the Department of the Army have entered into a Project Partnership Agreement for the St. Lucie County, Florida Coastal Storm Risk Management Project (the "Project") whereby GRANTEE has agreed to be the Local Sponsor for the Project, which provides for beach and dune nourishment within the South Hutchinson Island reach; and WHEREAS, as Local Sponsor for the Project, GRANTEE is required to obtain "perpetual beach storm damage reduction" easements from owners of property in the South Hutchinson Island reach, such as GRANTOR, and WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage to GRANTOR's property and restore the adjacent beach and dune. NOW THEREFORE, in consideration of the mutual benefits to be derived from the permitted uses described below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties to this easement agree to the following: GRANTOR does hereby bargain, convey, and grant 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 GRANTEE, its representatives, agents, contractors, and assigns to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace; a public beach a 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 and access; to plant vegetation on said dunes and berms; to erect, maintain and remove silt screens and sand fences; to facilitate preservation of dunes and vegetation through the limitation of access to dune areas; to trim, cut, fell, and remove from said land all trees, underbrush, debris, obstructions, and any other vegetation, structures and obstacles within the limits of the easement; reserving, however, to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns, the right to construct dune overwalk structures in accordance with any applicable Federal, State, or local laws or regulations, provided that such structures shall not violate the integrity of the dune in shape, dimension or function, and that prior approval of the plans and specifications for such structures is obtained from the designated representative of the Project Sponsor and provided further that such structures are subordinate to the construction, operation, maintenance, repair, rehabilitation and replacement of the project; and further reserving to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns all such rights and privileges as may be used and enjoyed without interfering with or abridging the rights and easements hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. GRANTOR and GRANTEE shall each be responsible for their own acts of negligence when acting within the scope of this Easement and shall only be liable for any damages resulting from their own negligence. Nothing herein is intended to be a waiver of sovereign immunity or of any applicable statutory limitations of liability, including, but not limited to, Section 768.28, Florida Statutes, by GRANTEE (or GRANTOR if applicable). Nothing herein shall be construed as consent by GRANTOR or GRANTEE to be sued by third parties in any manner arising out of this Easement. Page 282 of 331 This Easement shall become effective upon proper execution by GRANTOR. The covenants, rights, privileges, restrictions, and reservations set forth herein shall run with the land. The terms and conditions of this Easement shall be deemed severable. Consequently, if any term or condition in this Easement shall be held illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and not withstanding any such determination, this Easement shall continue in full force and effect unless the particular term or condition held illegal or void renders the balance of the Easement impossible to perform. IN WITNESS WHEREOF, GRANTOR has set hereto its hand and seal on the day and year above written. Signed, sealed and delivered in the presence of Witness Signatu Print Witness N Witness Signatu Print Witness Name of ;Is �I e f STATE OF -F) a r I A e, COUNTY OF 5. W -ka,. The Princess Condominium Association of Hutchinson Island, Inc. Signature Title The fore oing instrument was acknowledged before me by means of -V hhysicaI presence or online notarization, this ��' day or"CiN—Ity', 202t, by S'I" CQ_r�� 1-'r➢ 5 �d p�-r��- , of The Princess Condominium Associatio of Hutchinson Island, Inc., on behalf of the corporation. He/She is personally known to me or has produced _ as identification. I� 1' 59FIY D. ERICI(SON s , . MY COMMISSION # GG 234557 Qo EXPIRES: October 31, 2022 Bwdld Th. Notary Public UM-r- filers Notary Pi lic My Commission expires: Page 283 of 331 WW , R- EXHIBIT "A" oo 1 Z V co (n 2.2 � 1 (n (an q V V N y 1 Z Z p 11 m m 1 A_ A O 1 � m m d R-102 LANDWARD � LIMITS OF m 1 CONSTRUCTION V 1 V V 1 , 1 V 1 MEAN HIGH WATER LINE 1 ELEVATION = 0.51 NAVD 1, 88 1 J ANUARY 18, 2412 1 R-1a3 1� „ 600 FEET 1 1 1 , A TLANTIC ® R-104 ` 1 34 35 IUMD ® ® E T N 35 TO SHIP 36S, RANGE 41E 3 2 SECTION 2, T HIP 37S, RANGE AiE -- , OCEAN 1 , V N 7� , PROPOSED EASEMENT ' (SEE DETAIL SHEET 3) G� R-105 (0 d� � 1 O L N R-f 06 LEGEND P.O.B. - POINT OF BEGINNING NAD = NORTH AMERICAN DATUM ` NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 , Q R-102 = FDEP RANGE MONUMENT (TYP) --------�— MEAN HIGH WATER LINE AND EROSION, LINE CONTROL AS LOCATFD JANUARY 18, 2012 — - - — - - — PROPOSED LANDWARD LIMITS OF CONSTRUCTION AS PROVIDED BY COASTAL. TECHNOLOGY CORPORATION PROPOSED EASEMENT AREA , 1 R-107�, 1 Morgan & Eklund Inc. PROFESSIONAL SURVEY CONSULTANTS ' P 1512 NW 2NO AVENUE p_ MCKE 4909 US HIGHWAY 1 SUfFE 3 VERO BFACH FL 32987 PHONE ((772y 3W-5364 BOCA RATON Ft 33432 PHONE (954f 421-$W2 FAX: (772) 388-3165 FAX: (9 4) 421-0425 LA #4208 OPMA6sm ma SKETCH OF LEGAL DESCRIPTION 35117-9 THE PRINCESS CONDO. ASSOC. OF HUTCHINSON ISLAND, INC. SOUTH ST. LUCIE COUNTY BEACH RESTORATION V = 604 FOR ST. LUCIE COUNTY EROSION DISTRICT am 11120 DPKW er a omen sr Fw sawn DAMaF aumr rrtr f or 3 LFP DWC naEHa - f-3 EXHIBIT "A" SIRC R98 -18 2012 I NAD 83190 N=1081985.60 E=909213.27 POINT OF BEGINNING OF WEST EASEMENT LINE NAD 83190 N=1081789.13 E=909316 22 27 L2 r� 34 J 35 6� DNR MONUMENT 94-77 AO NAD 83190 N=1079107.8 E=909950.7 ATLANTIC TOWNSHIP 36S RANGE 41�E CP OCEAN _, TOWNSHIP 37S, RRAANGE �j 3 2 a `' Ll 2 7 12 L.4INDWARD LIMITS OF ONSTRUCTION 10 11 j ST. LUCIE COUNTY MARTIN COUNTY Line Table Line # Direction Length Ll N14' 22' 29" w 2970.72' L2 S27' 39' 18"E 221.81' L3 S23' 01' 00"E 757.60' L4 S21' 45' 01"E 999.30' L5 S22' 40' 46"E 988.27' L6 S20' 27' 48"E 974.64' L7 S20' 39' 36"E 987.46' L8 S22' 42' 50"E 972.76' L9 S23' 29' 45"E 1008.81' L10 S22' 12' 18"E 940.81' L11 S22' 16' 46"E 654.48' L12 S19' 36' 39"E 386.32' L13 S23' 36' 20"E 977.16' L14 S23' 57' 25"E 1104.24' L15 S24' 26' 17"E 1082.21' L16 S23' 50' 11 "E 803.61' L17 S22' 36' 27"E 1129,03' L18 S22' 14' 48"E 1010.56' 1-19 S22' 36' 24"E 787.45' L20 S22' 56' 21"E 1983.23' L.21 N38' 18' 07"E 26.84' POINT OF TERMINATION DNR MONUMENT OF WEST EASEMENT LINE PL-R-1 4-9.92 1992 N=1065595.88 NAD 83190 N=1065574.I;2 NAD 83190 tea E=916068.51 C-`-)16051.88 L21 -w SKETCH OF LEGAL DESCRIPTION Morgan 4 Eklund Inc. „"n�r'dowa,"wR••"�veT„'p°r:®' "A",,, asii7-s °'iMc�rwwvo «o.�. wewarwiw� LANDWARD LIMITS OF CONSTRUCTION PROFE881ONAL BURYlY QONBULTANTB aeain�ua aruauMnwrru+osah SOUTH ST. LUCIE COUNTY BEACH RESTORATION - 00 ;• 1512 W u+o AVENUE M&E' S BE'(A�7C7H"}� F(772) T(TU"N)E �-� ` —_ 7 FOR ST. LUCIE COUNTY EROSION DISTRICT 0+24 10.5 (984) 4421-5 7 oow� owr a a�u a ire peer mr r r�r 2 Yffi Or 5 lB Ma���'a` LFP OVJ: lMt M1 - Page 285 of 331 33 EXHIBIT "A" ; �W MEAN HIGH WATER LINE ELEVATION = 0.51 NAVD 88 JANUARY 18, 2012 PROPOSED EASEMENT / ATLANTIC 450261000000006 AND ALL CONDOMINIUM UNIT OWNERS THE PRINCESS CONDOMINIUM ASSOC, / a OCEAN OF HUTCHINSON ISLAND, INC. 9650 S OCEAN DR cF JENSEN BEACH, FL 34957 a Xa a NT 6 LANDWARD LIMITS Nr, y OF CONSTRUCTION O �` w n� 7 Q N Aa C. DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 444, PAGE 998, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A DEPARTMENT OF NATURAL RESOURCES MONUMENT STAMPED 94 77 AGG, HAVING COORDINATES OF NORTHING 1,079,107.89 FEET AND EASTING OF 909,950.79 FEET AS REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT (NA083190), PROCEED ALONG A BEARING OF N 14` 22' 29" W FOR A DISTANCE OF 2,970.72 FEET TO A SET IRON ROD AND CAP STAMPED R98-18 2012, HAVING COORDINATES OF NORTHING 1,081,985.60 FEET AND EASTING 909,213.27 FEET; THENCE S 27` 39' 18" E FOR A DISTANCE OF 221.81 FEET TO A POINT; HAVING COORDINATES OF NORTHING 1,081,789.13 FEET AND EASTING OF 909,316.22 FEET, SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED LANDWARD LIMITS OF CONSTRUCTION LINE; THENCE S 23° 01' 00" E FOR A DISTANCE OF 757.60 FEET TO A POINT; THENCE S 21' 45' 01" E FOR A DISTANCE OF 999.30 FEET TO A POINT; THENCE S 22' 40' 46" E FOR A DISTANCE OF 988.27 FEET TO A POINT; THENCE S 20' 27' 48" E FOR A DISTANCE OF 974.64 FEET TO A POINT; THENCE S 20' 39' 36" E FOR A DISTANCE OF 987.46 FEET TO A POINT; THENCE S 22' 42' 50" E FOR A DISTANCE OF 972.76 FEET TO A POINT; THENCE S 23' 29' 45" E FOR A DISTANCE OF 1008.81 FEET TO A POINT; THENCE S 22° 12' 18" E FOR A DISTANCE OF 940.81 FEET TO A POINT; THENCE S 22' 16' 46" E FOR A DISTANCE OF 654.48 FEET TO A POINT; THENCE S 19' 36' 39" E FOR A DISTANCE OF 386.32 FEET TO A POINT; THENCE S 23' 36' 20" E FOR A DISTANCE OF 977.16 FEET TO A POINT; THENCE S 23° 5725" E FOR A DISTANCE OF 1104.24 FEET TO A POINT; THENCE S 24' 26' 17" E FOR A DISTANCE OF 1082.21 FEET TO A POINT; THENCE S 23' 50' 11" E FOR A DISTANCE OF 803.61 FEET TO A POINT; THENCE S 22° 36' 27" E FOR A DISTANCE OF 1129.03 FEET TO A POINT; THENCE S 22' 14' 48" E FOR A DISTANCE OF 1010.56 FEET TO A POINT; THENCE S 22' 36' 24" E FOR A DISTANCE OF 787.45 FEET TO A POINT; THENCE S 22' 56' 21" E FOR A DISTANCE OF 1983.23 FEET TO THE POINT OF TERMINATION, HAVING COORDINATES OF NORTHING 1,065,595.88 FEET AND EASTING OF 916.068.61 FEET, SAID POINT BEING 26,84 FEET DISTANT FROM A DEPARTMENT OF NATURAL RESOURCES MONUMENT PL-R-1 4-9-92 1992 (HAVING COORDINATES OF NORTHING 1,065,574.82 FEET AND EASTING 916,051.88 FEET NAD 83190) ALONG A BEARING OF N 38° 18' 07" E. "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION" NOTES: THIS IS NOT A SURVEY. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS —OF --WAY, OWNERSHIP OR CERRF7(-'4TE OF SURVEYOR — I HEREBY CERTIFY THAT THE INFORMATION EASEMENTS OF RECORD SHOWN HEREON IS IN ACCORDANCE W17H A RECENT FIELD SURVEY MADE UNDER MY OIRE077ON, AND THAT IT IS TRUE AND CORRECT TO NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA THE BEST OF MY KNOWLEDGE AND BELIEF, AND MEETS THE STANDARDS LICENSED SURVEYOR AND MAPPER OF PR4C77CE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5)--17, FLORIDA ADMINISTRATIVE CODE, COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. PURSUANT TO SEC77ON 472.027, FLORIDA STATUTES. BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990, PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS PROVIDED BY THE ST LUCIE COUNTY CIS DEPARTMENT. DAVID W. COGGIN, PSI! LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY PROPE56,0NAL SURVEYOR AND MAPPER / 6359 CORPORATION. STATE OF FLORIDA Morgan �'�, Eklund Inc. PROFESSIONAL SURVEY CONSULTANTS C - 1612 NW 2N❑ AVENUE M �zE 49D4 A H FL 1 SUfTE 3 VERO BEACH, FL 32�87 BOCA RATON FL 33432 PHONE (772) 388-5364 PHONE: (954� 421-6882 FAX: (772) 388-3165 FAX: (954) 421-0425 LB 14298 p' OF LEM- DYAP11014CoAdamm INC. THE PMCESS CONDO. ASSOIVC�°OF 1yy BEAM .MJ/I�H ST. LUCIE COUNTY17�F/nyC��/y�6ry7►V7V1 TON FOR $T LUgE CVIJI� F 1 EI�VJIVI� UIC I Not 9 1"=209 11130120 `� �. Lf P n�, ❑4VC FE0DXN axe Ixx �� r - 3 or 3 Waiver of Right to Receive Fair Market Value WHEREAS (Owner) desires to donate to St. Lucie County Erosion District, a dependent special district of St. Lucie County, a political subdivision of the State of Florida, a perpetual beach storm damage reduction easement, to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace a public beach dune system, and other erosion control and storm damage reduction measures associated with The St. Lucie County, Florida Coastal Storm Risk Management Project (PROJECT NAME). AND WHEREAS under the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended, any landowner donating lands, easements, rights -of -way, and dredged material disposal areas for construction and subsequent operation and maintenance for Federal or Federally assisted projects is entitled to receive fair market value as compensation for said property. NOW BE IT KNOWN that the landowner hereby acknowledges the fact that he/she/it is aware of the right to receive fair market value for the above -described easement and does hereby forever waive such right to receive fair market value for the easement. This waiver is binding upon said landowners, his/her/its heirs, successors, and assigns. The Princess Condominium Association of Hutchinson Island, nc Witness Signature: ( Signature: Print Witness Name: �i ' d Title: P5 �, �1/ r Witness Signature: 4,. Date: r Print Witness Name: Page 287 of 331 RESOLUTION NO. 2021-115 A RESOLUTION ACCEPTING A PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT ON BEHALF OF ST. LUCIE COUNTY EROSION DISTRICT BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, that: The foregoing Perpetual Beach Storm Damage Reduction Easement from The Princess Condominium Association of Hutchinson Island, Inc. is duly accepted on behalf of St. Lucie County Erosion District this 41" day of May, 2021 subject to: • The Erosion District satisfying the U.S. Army Corps of Engineers (USACE) requirement for project land certification, including the acquisition of Perpetual Beach Storm Damage Reduction Easements along the project area, sufficient to initiate construction of the proposed federal beach project. • The Erosion District receiving the pre -determined funding from both the State and Federal Governments necessary to complete initial beach nourishment. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA w Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: w County Attorney Page 288 of 331 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: EROSION DISTRICT BOARD Mosquito Control & Coastal Management Services South County Beach & Dune Restoration Project See attached memorandum. CONSENT (X) PRESENTED BY: Richard A. Bouchard, P.E. Sr. Coastal Engineer 184-9910-599305-800 (Reserves - Erosion District) 184217-3710-531000-36203 (FDEP Grant - pending Board approval) 184217-3710-546340-36203 (FDEP Grant - pending Board approval) 39012-4115-546340-36203 (Maintenance Beach Renourishment - SHE SAD) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of recommendations (1), (2), (3), (4) and (5) as outlined in the attached agenda item. COMMISSION ACTION: { ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA, ICMA-CM County Administrator li� Coordination/Signatures County Attorney (x) OMB Director Daniel S. McIntyre Originating Dept. ( x ) aWes R. David Erosion District i (x) �v� (- Marie Gouin Patty Marston-Duva Melissa Simberfund Desiree Cimino (x) Richard ouchard AGEND378-WGOUNTY Page 289 of 331 Mosquito Control & Coastal Management Services Erosion District MEMORANDUM TO: Erosion District Board THROUGH: James R. David, Mosquito Control & Coastal Management Services Director FROM: Richard A. Bouchard, P.E., Sr. Coastal Engineer DATE: October 2, 2012 SUBJECT: South County Beach & Dune Restoration Project ITEM NO. II -A Background: St. Lucie County has initiated a non-federal project to address the severely deteriorated conditions of the South County shoreline while paralleling the development of a federal shore protection project to provide for future re -nourishment of the beaches in the project area. A benefit based funding plan was developed for this one-time local beach and dune project that includes three funding sources; State funding at 43%, Erosion District Zone E reserve funding at 23% and Special Assessment District (SAD) funding at 34%. After numerous meetings, workshops and public bearings the Board approved the assessment role and levied assessments against each parcel within the SAD on September 4, 2012. The following are all companion items that require formal Board action in order for this project to proceed: FDEP Grant Agreement 13SL1 and Budget Resolution 12-010: The Florida Beach Erosion Control Program (FBECP) is a Long -Range Budget Plan administered through the Florida Department of Environmental Protection (FDEP) to assist eligible local governments with their beach erosion control projects. A large portion of the efforts to date on the South County Beach Restoration project has been funded through this program, more specifically through FDEP Project Agreement 11 SL1. This new grant agreement will include additional state funding of $4,609,495 and a maximum local match of $5,989,482. A small portion of these grant funds are intended for reimbursement of recent pre -construction and permitting activities associated with this project which were performed utilizing Erosion District funds. The remaining state grant funds will be used in conjunction with SAD and Erosion District funds to promote construction and monitoring activities as outlined below. Budget Resolution 12-010 establishing the grant funding is also attached. Recommendation (9): Board approval of the draft FDEP Project Agreement 13SL1 and Budget Resolution No. 12-010 and authorization for the Chairman to sign documents as approved by the County Attorney. Page 290 of 331 ITEM NO. (ID # 4965) J DATE: 01/23/2018 COUNTY ` R I ID A AGENDA REQUEST *CONSENTAGENDA TO: Erosion District PRESENTED BY: Richard Bouchard, Senior Coastal Engineer SUBMITTED BY: Erosion District SUBJECT: South County Beach and Dune Restoration Project (Permit Extensions) BACKGROUND: At the request of beachfront property owners St. Lucie County completed a non-federal project to address the severely deteriorated conditions of the South County shoreline. Concurrently, the development of a federal shore protection project is underway to provide for future re -nourishment of the beaches in the project area. The one-time local project encompassed approximately 3.3 miles of Atlantic Ocean coastline, from Martin County north to Normandy Beach Park and was completed in May 2013. Substantial effort and resources went into securing state and federal permits this project. Prior to allowing these 5-year permits to lapse, staff contacted the regulatory agencies to initiate 10-year extensions. Maintaining these permits will most likely be very beneficial in the future with the proposed federalization or potential FEMA claims. It would also be very costly and time consuming to reactivate these permits once they expire. Staff recommends extending these permits an additional 10-years. PREVIOUS ACTION: October 2, 2012 - Board approval of the South County Beach and Dune Restoration Project. FINANCIAL IMPACT: There is no financial impact associated with this action. RECOMMENDATION: Staff recommends that the Erosion District Board ratify and approve the extension of federal and state permits for the South County Beach and Dune Restoration Project. COMMISSION ACTION: Page 291 of 331 RESULT: MOVER: SECONDER: ADOPTED BY CONSENT VOTE [UNANIMOUS] Cathy Townsend, District No. 5 Linda Bartz, District No. 3 Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend Coordination/Signatures anie s. McIntyre, C my ttorney 1/8/2018 Updated: 1/5/2018 2:50 PM by Richard Bouchard Page 2 Page 292 of 331 r Luc a- AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Barbara Guettler, MSBU Coordinator SUBMITTED BY: Public Works 9.B.1. RES-2019-286 PUBLIC HEARINGS -PUBLIC WORKS DATE: 12/17/2019 *RESOLUTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? NO SUBJECT: South Hutchinson Island MSTU Option "A", SHI Beach Erosion Control MSTU BACKGROUND: The County is currently investigating the feasibility of several options to partially fund the cost of providing ongoing beach and dune restoration improvements associated with a Federal beach project (from Normandy Beach south, approximately 3.4 miles, to the Martin County line). The following options are those relating to the creation of Municipal Services Taxing Units ("MSTUs"). On South Hutchinson Island, from Normandy Beach to the Martin County line, there are approximately 2848 taxable parcels east of A1A and 3430 taxable parcels west of A1A. Per Section 40-59 of the St. Lucie County Code of Ordinances, in order to preserve the County's option to levy ad valorem taxes in the MSTUs starting in 2020, the County must hold advertised public hearings and create the MSTUs prior to January 1, 2020. The creation of the MSTUs does not in any way obligate the County to levy ad valorem taxes; rather, it simply preserves the County's option to do so, if it is found to be the most feasible funding option. The determination as to how much ad valorem revenue to be raised in the MSTUs, if any, and the corresponding millage rate for each MSTU would be determined by the Board during its budget deliberations next year. Option "A" would be to create one MSTU to levy ad valorem taxes on all of the parcels on South Hutchinson Island from Normandy Beach to the Martin County line. If this option is chosen, all of the parcels within the MSTU (both east and west of A1A) would share the same millage rate to fund future beach and dune restoration projects within the MSTU boundary. This option was suggested by the Presidents Council. Option "B" would be to create an MSTU to levy ad valorem taxes on all of the parcels east of A1A from Normandy Beach to the Martin County line. This option would encompass all taxable parcels with beach frontage. Page 293 of 331 Option "C" would be to create an MSTU to levy ad valorem taxes on all of the parcels west of A1A from Normandy Beach to the Martin County line. In order to allow the Board the greatest flexibility to set and adjust separate millage rates for parcels east and west of A1A, Staff recommends a combination of Option "B" and Option "C". Creating two separate MSTUs (SHI East and SHI West) would allow Staff and the Board to research and determine a fair and equitable millage rate for each side of A1A based on the level of benefit the parcels would receive from the improvements. This would not restrict the Board from levying the same millage rate for both MSTUs if doing so is determined to be the most reasonable option. County agenda software does not allow multiple resolutions to be attached to one agenda item; therefore, each MSTU option will be considered during separate public hearings. This is the public hearing for Option "A", SHI Beach Erosion Control MSTU. PREVIOUS ACTION: November 19, 2019 - Board granted permission to advertise these public hearings. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board's disapproval of the attached resolution, SHI Beach Erosion Control MSTU. COMMISSION ACTION: RESULT: Adopt MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: December 03, 2019 Don West, Public Works Director Page 294 of 331 Date: December 03, 2019 Daniel McIntyre, County Attorney Date: December 03, 2019 Mark Satterlee, Deputy County Administrator Page 295 of 331 5.A.1. 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50618 DATE: 11/10/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - USACE Project Partnership Agreement (PPA) - ADD ON BACKGROUND: In November 2002 , the U.S. Army Corps of Engineers (USACE) completed a "Section 905(b) analysis for a "St. Lucie County ,Florida — Hurricane and Storm Damage Reduction Study" including the Study Area - from just south of Blind Creek (R-77) to the Martin County Line (R-115). This reconnaissance report recommended that the "study proceed into the feasibility phase", which was eventually initiated in 2004. Shortly afterwards, the USACE re-scoped the Federal project (reducing the proposed project area) and approved it as part of their 3x3x3 Plan; eventually receiving federal funding to move the study forward. While in the feasibility phase, storm events (including Hurricane Sandy) impacted South County Beaches. The storm damages experienced after these events warranted quick/specific action. St. Lucie County, with support from the State of Florida and local stakeholders, initiated construction of a one-time, non-federal beach restoration project in April 2013 while federal efforts continued. The project consisted of the nourishment of 3.4 miles of FDEP designated "critically eroded" Atlantic shoreline from FDEP monument R-98 (Normandy Beach) to the Martin County line (R-115). The project included placement of approximately 635,164 cubic yards of beach compatible sand from St. Lucie Shoal and was partially funded through a Special Assessment District (SAD) created for the project. A nearshore limestone boulder mitigation reef was also completed to offset project related hard -bottom impacts. Eventually, the South St. Lucie County, Florida Storm Risk Management Project Feasibility Study was completed and approved; receiving a signed Chief's Report (December 15, 2017) and federal Congressional authorization (2018 WRDA Bill). In addition, Erosion District Staff diligently pursued and secured approximately $6.4 million in state grant funds from the Florida Department of Environmental Protection (FDEP) for the initial federal beach project (FDEP Grant 19SL4 and 20SL3) and unilaterally increased the level of federal participation by 7% by creating additional public beach access at County owned beach parks. To help fund future construction efforts associated with this project, the St. Lucie County BOCC drafted and subsequently approved the South Hutchinson Island Municipal Service Taxing Unit (MSTU). Page 296 of 331 Since 2013, persistent beach erosion has continued to impact this stretch of coastline, and the previously executed project is now quickly approaching its design life expectancy (10 years). In addition, this beach area has received significant damages from Hurricane Matthew (2016), Hurricane Irma (2017), Hurricane Dorian (2019), and Hurricane Isaias (2020). The increased frequency of storm events along our coast naturally promotes the need for a long-term beach management plan/strategy. The attached Project Partnership Agreement (PPA) includes such a plan, and it is seen as the best option for the long-term stability of the southern Atlantic shoreline of St. Lucie County. Future federal participation not only assists in partially funding future beach nourishment efforts but also enhances the County's ranking in future state Beach Management Funding Assistance requests, which includes ranking metrics contingent on the level of federal participation. Execution of the attached Project Partnership Agreement (PPA) is required for the USACE to officially initiate efforts associated with the proposed federal beach project. The attached agreement includes provisions that allow permit required physical and biological monitoring to be eligible for future work in -kind credit. Non - Federal funding for the initial beach project is required prior to July 2021. Absent of federal participation, the County/local residents would be responsible for funding, initiating, and managing all future beach nourishment effort along this stretch of beach. PREVIOUS ACTION: 1999 - St. Lucie County's Erosion District initiates process to seek federal support and management of St. Lucie County's southern beaches at the direct request of South Hutchinson Island residents. 2004 - Erosion District and the U.S. Army Corps of Engineers (USACE) sign feasibility cost sharing agreement as first major step towards beach federalization. Major coastal storm impacts from Hurricanes Frances and Jeanne. 2005-2007 - Emergency dune restoration takes place with Florida Department of Environmental Protection (FDEP) and Federal Emergency Management Agency (FEMA) funding. 2013 - South County Beach impacts from Hurricane Sandy. Erosion District coordinates a one-time emergency beach nourishment project in response to beachfront residents' requests. Beach and dune restoration completed for approximately 3.4 miles of shoreline from the Martin County line north to Normandy Beach Park. 2017-2018 — Feasibility report completed and Congress authorizes the St. Lucie County, Florida Storm Risk Management Project in the 2018 Water Resources Development Act (WRDA); including a fifty (50) year project life. Federal Share of construction funded in Bipartisan Act of 2018 (PL 115-123). March 2019 — St. Lucie County successfully petitioned and receives a construction timeline extension; initial beach project construction re -scheduled for winter 2021/spring 2022. December 2019 — Public Hearing advertised and subsequent Board approval of Resolution 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Page 297 of 331 Services Taxing Unit (MSTU). September 2020 - County approves the South Hutchinson Island MSTU during final FY-20/21 budget meeting. FINANCIAL IMPACT: As of the effective date of this Agreement, total construction costs are projected (by the USACE) to be $114,794,000 over the proposed fifty (50) year project life. This includes one (1) initial beach nourishment event and two (2) follow-up re -nourishment events. The non-federal/local share of the fifty (50) year project duration is estimated at $81,968,000, with a $32,826,000 federal contribution. The total cost of the initial nourishment event (scheduled for Fy-2022/2023) is estimated at $22,894,000, consisting of an $8,013,000 federal (35%) and $14,881,000 (65%) non-federal/local cost share arrangement. RECOMMENDATION: Staff recommends Board approval of the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement (and associated documents) and authorization for the Chair to sign those documents as approved by the County Attorney. COMMISSION ACTION: RESULT: Approve MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: November 04, 2020 Glenn Henderson, Mosquito Control Director Date: November 04, 2020 Jennifer Garrity, Management Analyst Date: November 04, 2020 Jennifer Hill, Office of Management & Budget Director Page 298 of 331 Date: November 04, 2020 Daniel McIntyre, County Attorney Date: November 04, 2020 Alphonso Jefferson, Deputy County Administrator Page 299 of 331 T Op 0 Gy'Tf STATES O4 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 701 SAN MARCO BOULEVARD JACKSONVILLE, FLORIDA 32207-8175 Mr. Howard Tipton County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Sent via email to tiptonh@stlucieco.org Dear Mr. Tipton: December 9, 2020 As provided by the terms of the Project Partnership Agreement (PPA) between the Department of the Army and St. Lucie County, Florida dated December 2, 2020 (Enclosure 1), St. Lucie County, Florida agrees to provide the real property interests required for the St. Lucie County, Florida Coastal Storm Risk Management Project (Project). This letter serves as the Government's notice for the County to proceed with the acquisition of these property interests and to provide the Government with authorization for entry through a Certification of Lands. The real property interests required are located on Hutchinson Island in St. Lucie County, Florida, as shown in the enclosed maps (Enclosure 2) and identified in the enclosed Florida Department of Environmental Protection (FDEP) Permit No. 0154626- 001-JC (Enclosure 3), and are further described below: a. Perpetual beach storm damage reduction easements for the authorized project area identified in purple in Enclosure 2 that is landward of the erosion control line (ECL). b. Temporary work area easement for a minimum of 24 months for the staging areas identified in blue in Enclosure 2. c. Temporary work area easement for a minimum of 24 months for the access areas identified in pink in Enclosure 2. d. Sovereign submerged authorization from the State of Florida for the authorized project area identified in Enclosure 3, as amended, that is located seaward of the ECL. Enclosed are templates for the Certification of Lands (Enclosure 4), Attorney's Certificate of Authority (Enclosure 5), and the required language for the perpetual beach storm damage reduction easements (Enclosure 6) and the temporary work area easements (Enclosure 7). Please provide the land certification and all supporting Page 300 of 331 2 documentation by June 28, 2021 via mail to the Corps of Engineers, Jacksonville District, 701 San Marco Boulevard, Jacksonville, Florida 32207-8175. If you have any questions or require additional information, please contact Christopher Bukolt, email: Christopher.d.bukolt@usace.army. mi1, or by telephone: 904- 232-3401. Sincerely, MCQUILLEN.TI Digitally signed by MCQUILLEN.TIMOTHY.HAR MOTHY.HART.1 T.1050583305 Date: 2020.12.09 15:26:08 050583305 05,00, Timothy H. McQuillen Chief, Real Estate Division Enclosures Page 301 of 331 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50865 DATE: 12/15/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project — USACE Permitting Authorization BACKGROUND: At the request of beachfront property owners, St. Lucie County completed a non-federal beach project in 2013 to address beach erosion along the southern coastline of St. Lucie County (3.4 miles). Meanwhile, the County continued to pursue a federal shore protection project along the same shoreline. In 2018 a feasibility study for the federal project was approved by Congress. Concurrently, federal funding for initial construction was provided in the Bipartisan Act of 2018. After successfully petitioning for and receiving a construction timeline extension in early 2019, St. Lucie County's BOCC approved the South Hutchinson Island Municipal Services Taxing Unit (MSTU) in September 2020 to help fund the non-federal/non-state share of proposed construction. Subsequently, the BOCC approved the Project Partnership Agreement (PPA) with the U.S. Army Corps of Engineers (USACE) for the 50 year federal project on November 10, 2020. In preparation for initial construction (proposed winter 2021/spring 2022) staff is actively pursuing perpetual construction easements required for project bidding (July 2021). After preliminary discussions with both the USACE and the Florida Department of Environmental Protection (FDEP), and considering the similarities between the proposed federal and 2013 projects, it was determined that a minor permit modification to the County's existing state permit was the preferred permitting path for all parties. As a co -applicant, the USACE can avoid duplicative submissions and reviews already performed during the 2013 project, resulting in efficiency and cost savings. To do this, the County would need to request that the USACE be added as a co - applicant to existing permit No. 0154626-001-JC. As a co -applicant, the USACE will proposed modifications to the original design and help negotiate permit requirements consistent with the federal authorization, eventually attaining state permitting approval for initial construction. As co -applicants, County staff and our hired professional consultants will actively coordinate with USACE staff in all future modification requests to the state. PREVIOUS ACTION: Page 302 of 331 October 2, 2012 — Board approval of the 2013 South County Beach and Dune Restoration Project. January 23, 2018 — Board action to ratify and approve the extension of both federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project (Item No. 4965); permits extended through 2028. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the USACE as a co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to developed plans and attain state permits consistent with the project's congressional authorization; including approval for the Chair to sign documents associated with minor permit modification(s), as requested by the USACE and approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: December 01, 2020 Glenn Henderson, Mosquito Control Director Date: December 01, 2020 Don West, Public Works Director Date: December 02, 2020 Daniel McIntyre, County Attorney Page 303 of 331 Date: December 02, 2020 Mark Satterlee, Deputy County Administrator Page 304 of 331 3.A.12. 2021-51407 DATE: 5/4/2021 AGENDA REQUEST TO: Erosion District PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Dennis G. Von Aldenbruck - Parcel No. 40 - Parcel ID 3535-322-0001-100-9 BACKGROUND: In 2013, St. Lucie County partially restored South County beaches while a federal shore protection project was under development by the U.S. Army Corps of Engineers (USACE). About 3.4 miles of beach from Normandy Beach Park to the Martin County line were nourished via placement of about 635,000 cubic yards of sand on the beach and 280,000 plants on the restored dune crest. As part of preparations for the 2013 project, in 2012, the County obtained Temporary Easements from each property owner in the project area. These Temporary Easements authorized a limited use of the seaward portion of each property by the County to construct, repair, nourish, rehabilitate and replace a beach and dune over the limits of construction ... from the landward toe of the dune to the mean high water line; these project specific Temporary Easements expired on March 1, 2016. The USACE is the agency designated by Congress to protect the nation's shores from the chronic effects of erosion and coastal flooding. After completion of studies by the USACE-Jacksonville District, the U.S. Congress authorized a 50-year federal cost -shared beach project through America's Water Infrastructure Act of 2018. The USACE is expected to place sand on the project beaches to help reduce the threat of coastal storm damage and avoid the high costs of coastal storm damage as part of the Congressionally -authorized project in coordination with St. Lucie County. To effectuate the federal project, the County must obtain Easements for construction and maintenance of the federal project - comparable to the Easements obtain for the 2013 project, but with a longer duration to cover all future USACE and County efforts to construct and maintain the federal project. USACE regulations relative to Real Estate Acquisition (ER 405-1-11) include provisions for Perpetual Construction Easements so as to avoid property rights interference with operation of the project by the USACE and County. As required by Florida Statutes (161.191), an Erosion Control Line (ECL) was established by the County prior to construction of the 2013 project; the ECL effectively corresponded to the mean high water boundary between Page 305 of 331 state sovereign lands and the adjacent upland property. All lands seaward of the ECL remain vested to the state by right of its sovereignty; the lands landward of the ECL remain vested to the upland owner. Perpetual Construction Easements are required for sand placement for areas landward of the ECL. Attached for your review and acceptance is a Perpetual Beach Storm Damage Reduction Easement from Dennis G. Von Aldenbruck. PREVIOUS ACTION: October 2, 2012 - Board approved the 2013 South County Beach and Dune Restoration Project. January 23, 2018 - Board action to ratify and approve the extension of federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project; permits extended through 2028. December 17, 2019 - Public Hearing advertised and subsequent Board approval of Resolution No. 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Services Taxing Unit (MSTU). September 2020 - Board approved the South Hutchinson Island MSTU during final FY-20/21 budget meeting. November 10, 2020 - Board approved the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement. December 9, 2020 - St. Lucie County receives a USACE official Project Land's Request, including a specific request for Perpetual Construction Easements along the proposed federal beach project area. December 15, 2020 - Board approved the U.S. Army Corps of Engineers (USACE) as co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to develop plans and attain state permits consistent with the project's congressional authorization. FINANCIAL IMPACT: N/A - Easement being donated. RECOMMENDATION: Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None Page 306 of 331 NAYS: None EXCUSED: None Coordination/Signatures Date: April 19, 2021 Katrina Slay, Agenda Coordinator Date: April 20, 2021 Daniel McIntyre, County Attorney Date: April 20, 2021 Joshua Revord, Senior Coastal Engineer Date: April 28, 2021 Don West, Public Works Director Date: April 27, 2021 Mark Satterlee, Deputy County Administrator Page 307 of 331 2020 South Hutchinson Island Coastal Storm Risk Management Project N W+E S 0.25 0.5 1 Miles Map created April 30, 2020 St. Lucie County, Florida Coastal Storm Risk Management Project PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT THIS EASEMENT, made this Z,a(/ day of 20�_/, between Dennis G. Von Aldenbruck, whose address is 8900 S Ocean Dr, Jensen Beach, FL 34957, ereinafter referred to as the "Grantor", and St. Lucie County__Erosion District, whose address is 2300 Virr~inia Avenue, Fort Pierce, FL 34982, hereinafter referred to as the "Grantee". (Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH; WHEREAS, GRANTOR owns beachfront property described in Exhibit "A", incorporated by reference and made a part hereof; and WHEREAS, GRANTEE and the Department of the Army have entered into a Project Partnership Agreement for the St. Lucie County, Florida Coastal Storm Risk Management Project (the "Project") whereby GRANTEE has agreed to be the Local Sponsor for the Project, which provides for beach and dune nourishment within the South Hutchinson Island reach; and WHEREAS, as Local Sponsor for the Project, GRANTEE is required to obtain "perpetual beach storm damage reduction" easements from owners of property in the South Hutchinson Island reach, such as GRANTOR; and WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage to GRANTOR's property and restore the adjacent beach and dune. NOW THEREFORE, in consideration of the mutual benefits to be derived from the permitted uses described below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties to this easement agree to the following; GRANTOR does hereby bargain, convey, and grant 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 GRANTEE, its representatives, agents, contractors, and assigns to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace; a public beach a 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 and access; to plant vegetation on said dunes and berms; to erect, maintain and remove silt screens and sand fences; to facilitate preservation of dunes and vegetation through the limitation of access to dune areas; to trim, cut, fell, and remove from said land all trees, underbrush, debris, obstructions, and any other vegetation, structures and obstacles within the limits of the easement; reserving, however, to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns, the right to construct dune overwalk structures in accordance with any applicable Federal, State, or local laws or regulations, provided that such structures shall not violate the integrity of the done in shape, dimension or function, and that prior approval of the plans and specifications for such structures is obtained from the designated representative of the Project Sponsor and provided further that such structures are subordinate to the construction, operation, maintenance, repair, rehabilitation and replacement of the project; and further reserving to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns all such rights and privileges as may be used and enjoyed without interfering with or abridging the rights and easements hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. GRANTOR and GRANTEE shall each be responsible for their own acts of negligence when acting within the scope of this Easement and shall only be liable for any damages resulting from their own negligence. Nothing herein is intended to be a waiver of sovereign immunity or of any applicable statutory limitations of liability, including, but not limited to, Section 768.28, Florida Statutes, by GRANTEE (or GRANTOR if applicable). Nothing herein shall be construed as consent by GRANTOR or GRANTEE to be sued by third parties in any manner arising out of this Easement. This Easement shall become effective upon proper execution by GRANTOR. Page 309 of 331 The covenants, rights, privileges, restrictions, and reservations set forth herein shall run with the land. The terms and conditions of this Easement shall be deemed severable. Consequently, if any term or condition in this Easement shall be held illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and not withstanding any such determination, this Easement shall continue in full force and effect unless the particular term or condition held illegal or void renders the balance of the Easement impossible to perform. IN WITNESS WHEREOF, GRANTOR has set hereto its hand and seal on the day and year above written. Signed, sealed and delivered in the presence of; Dennis G. Von Aldenbruck Witness Signature 6Z: S� Signatures Print Witness Name ,1 a Witness Signature �ri,C�iQ Gc� Print Witness Name e Q STATE OF _ )�j K 6& _ COUNTY OF kjj,,V�`(�y�_,_� The foregoing instrument was acknowledged before me by means of V physical presence or _ online not ization, this 3 day of ���OVt,rp rri , 202 , by Dennis G. Von Aldenbruck a he is personally known o me or has produced — as identification. [NOTARY SEAL] AI KATHY D. PETRO P State of Florida Notary Publio y� 7: Commission # GG 152es3 °- My Commission Exp November 2t3, 2021 GLC{r Notary Pr lic My Commission expires:4g� Page 310 of 331 13$ EXHIBIT "A" 94-77-A07 � rn R-98 SECTION 27, TOWNSHIP 36S, R NGE 1E \ � � 27 SECTION 34, TOWNSHIP 36 , ANGE 4 \ 34 35 \ N \ R-99A 1 \ 9 N 0 4� S O O @ �[ 1 MEAN HIGH WATER LINE �. ELEVATION - 0.51 NAVD 88 \ 1 JANUARY 18, 2012 \ 1 4 1 m m � -j 0 0 z z -A -A z z x a ;U A 1, D z z G� G) m m m Im 1" = 600 FEET \ 1 A MANTIC \ } ODA 4 OCEAN 1 \ 1 LANDWARD LIMITS OF CONSTRUCTION LEGEND P.O,B. = POINT OF BEGINNING NAD = NORTH AMERICAN DATUM NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 R-102 = FDEP RANGE MONUMENT (TYP) — - - — - - — MEAN HIGH WATER LINE AND EROSION CONTROL LINE AS LOCATED JANUARY 18, 2012 _,_ ..,- - - _ -.-.- - PROPOSED LANDWARD LIMITS OF CONSTRUCTION AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION PROPOSED EASEMENT AREA Morgan fir Eklund Inc. PROFESSIONAL. SURVEY CONeUL.TANTS e' CC11-- MIYIE 4909 US 1-12CHWAY #/1 VERO BEACH FL 32�967 PHONE: (772� 388-5364 FAX: (772) 3W-3165 LB 1612 NW 2ND AVENUE SURE 3 BOCA RATON FL 33432 PHONE: (9545 421-6W2 FAX: (9 4) 421-0425 4 1 \ \ \ PROPOSED EASEMENT (SEE DETAIL SHEET 3) � 4 .7 � V N \ 1 O \ 1G� 1 O � � \ V m� 5 � R-102 V L 1 � 1 t \ R-103 ` 1 \ SUM OF LEGAL DESCRIPTION 35117-9 PARCEL 3M2200011009 SOUTH ST. LUCIE COUNTY BEACH RESTORATIONAVE 11130120 FOR ST. LUCIE COUNTY EROSION DISTRICT amm sr aim er stm 1 or 3 LFP DWC 01 EXHIBIT "A" SIRC R98 -18 2012 j NAD 83/90 N=1081985.60 1 E=909213.27 POINT OF BEGINNING OF WEST EASEMENT LINE NAD 83/90 N=1081789.13 E=909316.22 27 ......... _- L2 r 34 35 DNR MONUMENT 94-77-AO NAD 83/90 N=1079107.8D E=909950.7 ATLANTIC TOWNSHIP 36S, RANGE 41E _ CID OCEAN TOWNSHIP 37S, RANGE 41 E r� O 3 2 r' L12 c� vQ '3?, 0) ->, 12 LF NDWARD LIMITS OF ONaTRUCTION 10 11` ST. LUCIE COUNTYM. TJNQQUN- h v F ©N^R MONUMENT PL-R-1 4-9-92. 1992_ N=1065574.82 ,IAD 83/90 =9 i605'I.88: I_.21, MOF en ,l' Eklund Inc. 9 .�a uKw �np�{ Ivp my r a �x a� awRr � M fi'laYY 11W'�IOtT M�'IR ILD .:�tll �ip� PROPEBSIONAL SURVEY CONSULTANTS wru�wr��nrnm�r taotmnnouow uw rweirr r aura nKerr .�.a�rr o¢a 4WD FOCFfMAY /1 1612 NW43AVEN4fE_ MIME PF♦aE (TM'y 3�3ffi-17642367 (SI6. ',�1_�_-'� FAX: (YT2) D6&-316,7 ! 4�FA%: (R74) 421- 01 n�OnK'i-Ls Line Table Line # Direction Length L1 N14' 22' 29"W 2970.72' L2 S27' 39' 18"E 221.81' L3 S23' 01' 00"E 757.60' L4 S21' 45' 01 "E 999.30' L5 S22' 40' 46"E 988.27' L6 S20' 27' 48"E 974.64' L7 S20' 39' 36"E 987.46' L8 S22' 42' 50"E 972.76' L9 S23' 29' 45"E 1008.81' 1-10 S22' 12' 18"E 940.81' L11 S22' 16' 46"E 654.48' L12 S19' 36' 39"E 386.32' L13 S23' 36' 20"E 977.16' L14 S23' 57' 25"E 1104.24' L15 S24' 26' 17"E 1082.21' L16 S23' 50' 11 "E 803.61' L17 S22' 36' 27"E 1129,03' L18 S22' 14' 48"E 1010.56' L19 S22' 36' 24"E 787.45' L20 S22' 56' 21 "E 1983.23' L21 N38' 18' 07"E 26.84' POINT OF TERMINATION OF WEST EASEMENT LINE N= 1065595.88 NAD 83/90 E=916068.51 SKt IUM OF LLUAL IJU>UKIFIIUN 'a 35117-9 LANDWARD LIMITS OF CONSTRUCTION .� SOUTH ST. LUCIE COUNTY BEACH RESTORATION FOR ST. LUCIE COUNTY EROSION DISTRICT° LFP ❑WC lwrin - rm 2 s 3 Page 312 of 331 38 EXHIBIT "A" t i LANDWARD OF CONSTR 353532200011009 DENNIS G VON ALDENBRUCK — 8900 S OCEAN DR JENSEN BEACH, FL 34957-2103 ON PROPOSED EASEMENT (0.27± Ac.) ATLANTIC OCEAN � ss i /tCn i i ` cT1 1 � tC� t MEAN HIGH WATER LINE � ELEVATION = 0.51 NAVD 88 �t ' JANUARY 18, 2012 1 DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 645, PAGE 541, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A DEPARTMENT OF NATURAL RESOURCES MONUMENT STAMPED 94 77 A06, HAVING COORDINATES OF NORTHING 1,079,107,89 FEET AND EASTING OF 909,950.79 FEET AS REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT (NAD83190), PROCEED ALONG A BEARING OF N 14' 22' 29" W FOR A DISTANCE OF 2,970.72 FEET TO A SET IRON ROD AND CAP STAMPED R98-18 2012, HAVING COORDINATES OF NORTHING 1,081,985.60 FEET AND FASTING 909,213,27 FEET; THENCE S 27' 39' 18" E FOR A DISTANCE OF 221.81 FEET TO A POINT; HAVING COORDINATES OF NORTHING 1,081,789.13 FEET AND FASTING OF 909,316.22 FEET, SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED LANDWARD LIMITS OF CONSTRUCTION LINE; THENCE S 23' 01' 00" E FOR A DISTANCE OF 757.60 FEET TO A POINT; THENCE S 21' 45' 01" E FOR A DISTANCE OF 999.30 FEET TO A POINT; THENCE S 22' 40' 46" E FOR A DISTANCE OF 988,27 FEET TO A POINT; THENCE S 20' 27' 48" E FOR A DISTANCE OF 974.64 FEET TO A POINT; THENCE S 20' 39' 36" E FOR A DISTANCE OF 987.46 FEET TO A POINT; THENCE S 22° 42' 50" E FOR A DISTANCE OF 972.76 FEET TO A POINT; THENCE S 23° 29' 45" E FOR A DISTANCE OF 1008.81 FEET TO A POINT; THENCE S 22' 12` 18" E FOR A DISTANCE OF 940.81 FEET TO A POINT; THENCE S 22' 16' 46" E FOR A DISTANCE OF 654.48 FEET TO A POINT; THENCE S 19' 36' 39" E FOR A DISTANCE OF 386.32 FEET TO A POINT; THENCE S 23' 36' 20" E FOR A DISTANCE OF 977.16 FEET TO A POINT; THENCE S 23° 57' 25" E FOR A DISTANCE OF 1104.24 FEET TO A POINT; THENCE S 24° 26' 17" E FOR A DISTANCE OF 4082.21 FEET TO A POINT; THENCE S 23' 50' 11" E FOR A DISTANCE OF 803,61 FEET TO A POINT; THENCE S 22' 36' 27" E FOR A DISTANCE OF 1129.03 FEET TO A POINT; THENCE S 22' 14' 48" E FOR A DISTANCE OF 1010.56 FEET TO A POINT; THENCE S 22' 36' 24" E FOR A DISTANCE OF 787.45 FEET TO A POINT; THENCE S 22` 56' 21" E FOR A DISTANCE OF 1983.23 FEET TO THE POINT OF TERMINATION, HAVING COORDINATES OF NORTHING 1,065,595.88 FEET AND FASTING OF 916,068.51 FEET, SAID POINT BEING 26.84 FEET DISTANT FROM A DEPARTMENT OF NATURAL RESOURCES MONUMENT PL-R-1 4-9-92 1992 (HAVING COORDINATES OF NORTHING 1,065,574.82 FEET AND FASTING 916,051.88 FEET NAD 83190) ALONG A BEARING OF N 38° 18' 07" E. "SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION" NOTES: THIS IS NOT A SURVEY. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS —OF —WAY, OWNERSHIP OR EASEMENTS OF RECORD NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NOS ADJUSTMENT OF 1990. PROPERTY UNE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT. LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY CORPORATION. Morgan & Eklund Inc. PROFE88IONAL SURVEY CONSULTANTS 0� C1� 1812 NW 2ND AVENUE M r= 4909 US HIGHWAY ¢1 SUITE 3 VERO BEACH, FL 32967 BOCA RATON FL 33432 PHONE (772) 388-5364 PHONE (9543 421-6882 FAX: (772) 388--31M 19 }4298 FAX: (954) 421-0425 CERRF7CATE OF SURVEYOR — I HEREBY CERTIFY THAT THE INFORMATION SHOWN HEREON 15 IN ACCORDANCE WRN A RECENT FIELD SURVEY MADE UNDER MY DIRECTION. AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, AND MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE F7.ORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER W-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SEC77ON 472.027, FLORIDA STATUTES. DAVID W. COGGIN, PSM PROFESSIONAL SURVEYOR AND MAPPER # 6359 S7A7£ OF FLORIDA SKETCH OF LEGAL DESMPTION PARCEL 353532200D11009 SOUTH ST. LUCIE COUNTY REACH RESTORATION FOR ST, LUCIE COUNTY EROSION LIISIRICT crKwr ev crFram e+' Saw o� suw LFP DVJC Arteo—WE - 35117-9 1° -�soo' ouc 11/30/20 shwr 3 a. 3 age Waiver of Right to Receive Fair Market Value WHEREAS (Owner) desires to donate to St. Lucie County Erosion District, a dependent special district of St. Lucie County, a political subdivision of the State of Florida, a perpetual beach storm damage reduction easement, to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace a public beach dune system, and other erosion control and storm damage reduction measures associated with The St. Lucie County, Florida Coastal Storm Risk Management Project (PROJECT NAME). AND WHEREAS under the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended, any landowner donating lands, easements, rights -of -way, and dredged material disposal areas for construction and subsequent operation and maintenance for Federal or Federally assisted projects is entitled to receive fair market value as compensation for said property. NOW BE IT KNOWN that the landowner hereby acknowledges the fact that he/she/it is aware of the right to receive fair market value for the above -described easement and does hereby forever waive such right to receive fair market value for the easement. This waiver is binding upon said landowners, his/her/its heirs, successors, and assigns. Dennis G. Von Aldenbruck Witness Signature:_ Signature:_: / Print Witness Name: tle: P'l Witness Signature: &—tobate:�S I Print Witness Name: Page 314 of 331 RESOLUTION NO. 2021-116 A RESOLUTION ACCEPTING A PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT ON BEHALF OF ST. LUCIE COUNTY EROSION DISTRICT BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, that: The foregoing Perpetual Beach Storm Damage Reduction Easement from Dennis G. Von Aldenbruck is duly accepted on behalf of St. Lucie County Erosion District this 4t" day of May, 2021 subject to: • The Erosion District satisfying the U.S. Army Corps of Engineers (USACE) requirement for project land certification, including the acquisition of Perpetual Beach Storm Damage Reduction Easements along the project area, sufficient to initiate construction of the proposed federal beach project. • The Erosion District receiving the pre -determined funding from both the State and Federal Governments necessary to complete initial beach nourishment. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA w Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: w County Attorney Page 315 of 331 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: EROSION DISTRICT BOARD Mosquito Control & Coastal Management Services South County Beach & Dune Restoration Project See attached memorandum. CONSENT (X) PRESENTED BY: Richard A. Bouchard, P.E. Sr. Coastal Engineer 184-9910-599305-800 (Reserves - Erosion District) 184217-3710-531000-36203 (FDEP Grant - pending Board approval) 184217-3710-546340-36203 (FDEP Grant - pending Board approval) 39012-4115-546340-36203 (Maintenance Beach Renourishment - SHE SAD) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of recommendations (1), (2), (3), (4) and (5) as outlined in the attached agenda item. COMMISSION ACTION: { ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA, ICMA-CM County Administrator li� Coordination/Signatures County Attorney (x) OMB Director Daniel S. McIntyre Originating Dept. ( x ) aWes R. David Erosion District i (x) �v� (- Marie Gouin Patty Marston-Duva Melissa Simberfund Desiree Cimino (x) Richard ouchard AGEND378-WGOUNTY Page 316 of 331 Mosquito Control & Coastal Management Services Erosion District MEMORANDUM TO: Erosion District Board THROUGH: James R. David, Mosquito Control & Coastal Management Services Director FROM: Richard A. Bouchard, P.E., Sr. Coastal Engineer DATE: October 2, 2012 SUBJECT: South County Beach & Dune Restoration Project ITEM NO. II -A Background: St. Lucie County has initiated a non-federal project to address the severely deteriorated conditions of the South County shoreline while paralleling the development of a federal shore protection project to provide for future re -nourishment of the beaches in the project area. A benefit based funding plan was developed for this one-time local beach and dune project that includes three funding sources; State funding at 43%, Erosion District Zone E reserve funding at 23% and Special Assessment District (SAD) funding at 34%. After numerous meetings, workshops and public bearings the Board approved the assessment role and levied assessments against each parcel within the SAD on September 4, 2012. The following are all companion items that require formal Board action in order for this project to proceed: FDEP Grant Agreement 13SL1 and Budget Resolution 12-010: The Florida Beach Erosion Control Program (FBECP) is a Long -Range Budget Plan administered through the Florida Department of Environmental Protection (FDEP) to assist eligible local governments with their beach erosion control projects. A large portion of the efforts to date on the South County Beach Restoration project has been funded through this program, more specifically through FDEP Project Agreement 11 SL1. This new grant agreement will include additional state funding of $4,609,495 and a maximum local match of $5,989,482. A small portion of these grant funds are intended for reimbursement of recent pre -construction and permitting activities associated with this project which were performed utilizing Erosion District funds. The remaining state grant funds will be used in conjunction with SAD and Erosion District funds to promote construction and monitoring activities as outlined below. Budget Resolution 12-010 establishing the grant funding is also attached. Recommendation (9): Board approval of the draft FDEP Project Agreement 13SL1 and Budget Resolution No. 12-010 and authorization for the Chairman to sign documents as approved by the County Attorney. Page 317 of 331 ITEM NO. (ID # 4965) J DATE: 01/23/2018 COUNTY ` R I ID A AGENDA REQUEST *CONSENTAGENDA TO: Erosion District PRESENTED BY: Richard Bouchard, Senior Coastal Engineer SUBMITTED BY: Erosion District SUBJECT: South County Beach and Dune Restoration Project (Permit Extensions) BACKGROUND: At the request of beachfront property owners St. Lucie County completed a non-federal project to address the severely deteriorated conditions of the South County shoreline. Concurrently, the development of a federal shore protection project is underway to provide for future re -nourishment of the beaches in the project area. The one-time local project encompassed approximately 3.3 miles of Atlantic Ocean coastline, from Martin County north to Normandy Beach Park and was completed in May 2013. Substantial effort and resources went into securing state and federal permits this project. Prior to allowing these 5-year permits to lapse, staff contacted the regulatory agencies to initiate 10-year extensions. Maintaining these permits will most likely be very beneficial in the future with the proposed federalization or potential FEMA claims. It would also be very costly and time consuming to reactivate these permits once they expire. Staff recommends extending these permits an additional 10-years. PREVIOUS ACTION: October 2, 2012 - Board approval of the South County Beach and Dune Restoration Project. FINANCIAL IMPACT: There is no financial impact associated with this action. RECOMMENDATION: Staff recommends that the Erosion District Board ratify and approve the extension of federal and state permits for the South County Beach and Dune Restoration Project. COMMISSION ACTION: Page 318 of 331 RESULT: MOVER: SECONDER: ADOPTED BY CONSENT VOTE [UNANIMOUS] Cathy Townsend, District No. 5 Linda Bartz, District No. 3 Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend Coordination/Signatures anie s. McIntyre, C my ttorney 1/8/2018 Updated: 1/5/2018 2:50 PM by Richard Bouchard Page 2 Page 319 of 331 r Luc a- AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Barbara Guettler, MSBU Coordinator SUBMITTED BY: Public Works 9.B.1. RES-2019-286 PUBLIC HEARINGS -PUBLIC WORKS DATE: 12/17/2019 *RESOLUTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? NO SUBJECT: South Hutchinson Island MSTU Option "A", SHI Beach Erosion Control MSTU BACKGROUND: The County is currently investigating the feasibility of several options to partially fund the cost of providing ongoing beach and dune restoration improvements associated with a Federal beach project (from Normandy Beach south, approximately 3.4 miles, to the Martin County line). The following options are those relating to the creation of Municipal Services Taxing Units ("MSTUs"). On South Hutchinson Island, from Normandy Beach to the Martin County line, there are approximately 2848 taxable parcels east of A1A and 3430 taxable parcels west of A1A. Per Section 40-59 of the St. Lucie County Code of Ordinances, in order to preserve the County's option to levy ad valorem taxes in the MSTUs starting in 2020, the County must hold advertised public hearings and create the MSTUs prior to January 1, 2020. The creation of the MSTUs does not in any way obligate the County to levy ad valorem taxes; rather, it simply preserves the County's option to do so, if it is found to be the most feasible funding option. The determination as to how much ad valorem revenue to be raised in the MSTUs, if any, and the corresponding millage rate for each MSTU would be determined by the Board during its budget deliberations next year. Option "A" would be to create one MSTU to levy ad valorem taxes on all of the parcels on South Hutchinson Island from Normandy Beach to the Martin County line. If this option is chosen, all of the parcels within the MSTU (both east and west of A1A) would share the same millage rate to fund future beach and dune restoration projects within the MSTU boundary. This option was suggested by the Presidents Council. Option "B" would be to create an MSTU to levy ad valorem taxes on all of the parcels east of A1A from Normandy Beach to the Martin County line. This option would encompass all taxable parcels with beach frontage. Page 320 of 331 Option "C" would be to create an MSTU to levy ad valorem taxes on all of the parcels west of A1A from Normandy Beach to the Martin County line. In order to allow the Board the greatest flexibility to set and adjust separate millage rates for parcels east and west of A1A, Staff recommends a combination of Option "B" and Option "C". Creating two separate MSTUs (SHI East and SHI West) would allow Staff and the Board to research and determine a fair and equitable millage rate for each side of A1A based on the level of benefit the parcels would receive from the improvements. This would not restrict the Board from levying the same millage rate for both MSTUs if doing so is determined to be the most reasonable option. County agenda software does not allow multiple resolutions to be attached to one agenda item; therefore, each MSTU option will be considered during separate public hearings. This is the public hearing for Option "A", SHI Beach Erosion Control MSTU. PREVIOUS ACTION: November 19, 2019 - Board granted permission to advertise these public hearings. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board's disapproval of the attached resolution, SHI Beach Erosion Control MSTU. COMMISSION ACTION: RESULT: Adopt MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: December 03, 2019 Don West, Public Works Director Page 321 of 331 Date: December 03, 2019 Daniel McIntyre, County Attorney Date: December 03, 2019 Mark Satterlee, Deputy County Administrator Page 322 of 331 5.A.1. 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50618 DATE: 11/10/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - USACE Project Partnership Agreement (PPA) - ADD ON BACKGROUND: In November 2002 , the U.S. Army Corps of Engineers (USACE) completed a "Section 905(b) analysis for a "St. Lucie County ,Florida — Hurricane and Storm Damage Reduction Study" including the Study Area - from just south of Blind Creek (R-77) to the Martin County Line (R-115). This reconnaissance report recommended that the "study proceed into the feasibility phase", which was eventually initiated in 2004. Shortly afterwards, the USACE re-scoped the Federal project (reducing the proposed project area) and approved it as part of their 3x3x3 Plan; eventually receiving federal funding to move the study forward. While in the feasibility phase, storm events (including Hurricane Sandy) impacted South County Beaches. The storm damages experienced after these events warranted quick/specific action. St. Lucie County, with support from the State of Florida and local stakeholders, initiated construction of a one-time, non-federal beach restoration project in April 2013 while federal efforts continued. The project consisted of the nourishment of 3.4 miles of FDEP designated "critically eroded" Atlantic shoreline from FDEP monument R-98 (Normandy Beach) to the Martin County line (R-115). The project included placement of approximately 635,164 cubic yards of beach compatible sand from St. Lucie Shoal and was partially funded through a Special Assessment District (SAD) created for the project. A nearshore limestone boulder mitigation reef was also completed to offset project related hard -bottom impacts. Eventually, the South St. Lucie County, Florida Storm Risk Management Project Feasibility Study was completed and approved; receiving a signed Chief's Report (December 15, 2017) and federal Congressional authorization (2018 WRDA Bill). In addition, Erosion District Staff diligently pursued and secured approximately $6.4 million in state grant funds from the Florida Department of Environmental Protection (FDEP) for the initial federal beach project (FDEP Grant 19SL4 and 20SL3) and unilaterally increased the level of federal participation by 7% by creating additional public beach access at County owned beach parks. To help fund future construction efforts associated with this project, the St. Lucie County BOCC drafted and subsequently approved the South Hutchinson Island Municipal Service Taxing Unit (MSTU). Page 323 of 331 Since 2013, persistent beach erosion has continued to impact this stretch of coastline, and the previously executed project is now quickly approaching its design life expectancy (10 years). In addition, this beach area has received significant damages from Hurricane Matthew (2016), Hurricane Irma (2017), Hurricane Dorian (2019), and Hurricane Isaias (2020). The increased frequency of storm events along our coast naturally promotes the need for a long-term beach management plan/strategy. The attached Project Partnership Agreement (PPA) includes such a plan, and it is seen as the best option for the long-term stability of the southern Atlantic shoreline of St. Lucie County. Future federal participation not only assists in partially funding future beach nourishment efforts but also enhances the County's ranking in future state Beach Management Funding Assistance requests, which includes ranking metrics contingent on the level of federal participation. Execution of the attached Project Partnership Agreement (PPA) is required for the USACE to officially initiate efforts associated with the proposed federal beach project. The attached agreement includes provisions that allow permit required physical and biological monitoring to be eligible for future work in -kind credit. Non - Federal funding for the initial beach project is required prior to July 2021. Absent of federal participation, the County/local residents would be responsible for funding, initiating, and managing all future beach nourishment effort along this stretch of beach. PREVIOUS ACTION: 1999 - St. Lucie County's Erosion District initiates process to seek federal support and management of St. Lucie County's southern beaches at the direct request of South Hutchinson Island residents. 2004 - Erosion District and the U.S. Army Corps of Engineers (USACE) sign feasibility cost sharing agreement as first major step towards beach federalization. Major coastal storm impacts from Hurricanes Frances and Jeanne. 2005-2007 - Emergency dune restoration takes place with Florida Department of Environmental Protection (FDEP) and Federal Emergency Management Agency (FEMA) funding. 2013 - South County Beach impacts from Hurricane Sandy. Erosion District coordinates a one-time emergency beach nourishment project in response to beachfront residents' requests. Beach and dune restoration completed for approximately 3.4 miles of shoreline from the Martin County line north to Normandy Beach Park. 2017-2018 — Feasibility report completed and Congress authorizes the St. Lucie County, Florida Storm Risk Management Project in the 2018 Water Resources Development Act (WRDA); including a fifty (50) year project life. Federal Share of construction funded in Bipartisan Act of 2018 (PL 115-123). March 2019 — St. Lucie County successfully petitioned and receives a construction timeline extension; initial beach project construction re -scheduled for winter 2021/spring 2022. December 2019 — Public Hearing advertised and subsequent Board approval of Resolution 2019-286 establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal Page 324 of 331 Services Taxing Unit (MSTU). September 2020 - County approves the South Hutchinson Island MSTU during final FY-20/21 budget meeting. FINANCIAL IMPACT: As of the effective date of this Agreement, total construction costs are projected (by the USACE) to be $114,794,000 over the proposed fifty (50) year project life. This includes one (1) initial beach nourishment event and two (2) follow-up re -nourishment events. The non-federal/local share of the fifty (50) year project duration is estimated at $81,968,000, with a $32,826,000 federal contribution. The total cost of the initial nourishment event (scheduled for Fy-2022/2023) is estimated at $22,894,000, consisting of an $8,013,000 federal (35%) and $14,881,000 (65%) non-federal/local cost share arrangement. RECOMMENDATION: Staff recommends Board approval of the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement (and associated documents) and authorization for the Chair to sign those documents as approved by the County Attorney. COMMISSION ACTION: RESULT: Approve MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: November 04, 2020 Glenn Henderson, Mosquito Control Director Date: November 04, 2020 Jennifer Garrity, Management Analyst Date: November 04, 2020 Jennifer Hill, Office of Management & Budget Director Page 325 of 331 Date: November 04, 2020 Daniel McIntyre, County Attorney Date: November 04, 2020 Alphonso Jefferson, Deputy County Administrator Page 326 of 331 T Op 0 Gy'Tf STATES O4 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 701 SAN MARCO BOULEVARD JACKSONVILLE, FLORIDA 32207-8175 Mr. Howard Tipton County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Sent via email to tiptonh@stlucieco.org Dear Mr. Tipton: December 9, 2020 As provided by the terms of the Project Partnership Agreement (PPA) between the Department of the Army and St. Lucie County, Florida dated December 2, 2020 (Enclosure 1), St. Lucie County, Florida agrees to provide the real property interests required for the St. Lucie County, Florida Coastal Storm Risk Management Project (Project). This letter serves as the Government's notice for the County to proceed with the acquisition of these property interests and to provide the Government with authorization for entry through a Certification of Lands. The real property interests required are located on Hutchinson Island in St. Lucie County, Florida, as shown in the enclosed maps (Enclosure 2) and identified in the enclosed Florida Department of Environmental Protection (FDEP) Permit No. 0154626- 001-JC (Enclosure 3), and are further described below: a. Perpetual beach storm damage reduction easements for the authorized project area identified in purple in Enclosure 2 that is landward of the erosion control line (ECL). b. Temporary work area easement for a minimum of 24 months for the staging areas identified in blue in Enclosure 2. c. Temporary work area easement for a minimum of 24 months for the access areas identified in pink in Enclosure 2. d. Sovereign submerged authorization from the State of Florida for the authorized project area identified in Enclosure 3, as amended, that is located seaward of the ECL. Enclosed are templates for the Certification of Lands (Enclosure 4), Attorney's Certificate of Authority (Enclosure 5), and the required language for the perpetual beach storm damage reduction easements (Enclosure 6) and the temporary work area easements (Enclosure 7). Please provide the land certification and all supporting Page 327 of 331 2 documentation by June 28, 2021 via mail to the Corps of Engineers, Jacksonville District, 701 San Marco Boulevard, Jacksonville, Florida 32207-8175. If you have any questions or require additional information, please contact Christopher Bukolt, email: Christopher.d.bukolt@usace.army. mi1, or by telephone: 904- 232-3401. Sincerely, MCQUILLEN.TI Digitally signed by MCQUILLEN.TIMOTHY.HAR MOTHY.HART.1 T.1050583305 Date: 2020.12.09 15:26:08 050583305 05,00, Timothy H. McQuillen Chief, Real Estate Division Enclosures Page 328 of 331 1�r o TO: Erosion District AGENDA REQUEST PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 2020-50865 DATE: 12/15/2020 SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project — USACE Permitting Authorization BACKGROUND: At the request of beachfront property owners, St. Lucie County completed a non-federal beach project in 2013 to address beach erosion along the southern coastline of St. Lucie County (3.4 miles). Meanwhile, the County continued to pursue a federal shore protection project along the same shoreline. In 2018 a feasibility study for the federal project was approved by Congress. Concurrently, federal funding for initial construction was provided in the Bipartisan Act of 2018. After successfully petitioning for and receiving a construction timeline extension in early 2019, St. Lucie County's BOCC approved the South Hutchinson Island Municipal Services Taxing Unit (MSTU) in September 2020 to help fund the non-federal/non-state share of proposed construction. Subsequently, the BOCC approved the Project Partnership Agreement (PPA) with the U.S. Army Corps of Engineers (USACE) for the 50 year federal project on November 10, 2020. In preparation for initial construction (proposed winter 2021/spring 2022) staff is actively pursuing perpetual construction easements required for project bidding (July 2021). After preliminary discussions with both the USACE and the Florida Department of Environmental Protection (FDEP), and considering the similarities between the proposed federal and 2013 projects, it was determined that a minor permit modification to the County's existing state permit was the preferred permitting path for all parties. As a co -applicant, the USACE can avoid duplicative submissions and reviews already performed during the 2013 project, resulting in efficiency and cost savings. To do this, the County would need to request that the USACE be added as a co - applicant to existing permit No. 0154626-001-JC. As a co -applicant, the USACE will proposed modifications to the original design and help negotiate permit requirements consistent with the federal authorization, eventually attaining state permitting approval for initial construction. As co -applicants, County staff and our hired professional consultants will actively coordinate with USACE staff in all future modification requests to the state. PREVIOUS ACTION: Page 329 of 331 October 2, 2012 — Board approval of the 2013 South County Beach and Dune Restoration Project. January 23, 2018 — Board action to ratify and approve the extension of both federal and state permits associated with the previously completed 2013 South County Beach and Dune Restoration Project (Item No. 4965); permits extended through 2028. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the USACE as a co -applicant on St. Lucie County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to developed plans and attain state permits consistent with the project's congressional authorization; including approval for the Chair to sign documents associated with minor permit modification(s), as requested by the USACE and approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: December 01, 2020 Glenn Henderson, Mosquito Control Director Date: December 01, 2020 Don West, Public Works Director Date: December 02, 2020 Daniel McIntyre, County Attorney Page 330 of 331 Date: December 02, 2020 Mark Satterlee, Deputy County Administrator Page 331 of 331