PLACEMENT: Consent
TITLE:
title
ADOPTION OF A RESOLUTION APPROVING AND ACCEPTING 27 PERPETUAL EASEMENTS ALONG NE OCEAN BOULEVARD AND NE MACARTHUR BOULEVARD IN JENSEN BEACH TO REPLACE THE CURRENT 50-YEAR EASEMENTS
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EXECUTIVE SUMMARY:
executive summary
This is a request for the adoption of a Resolution approving and accepting 27 Perpetual Easements from property owners along NE Ocean Boulevard and NE MacArthur Boulevard for the 4-mile beach renourishment project.
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DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: John Maehl, Environmental Resources Administrator
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Perpetual Easement drafted by:
Martin County
2. Parties to the Agreement/Contract:
Property Owner(s), Grantor(s)
Martin County, Grantee
3. Purpose of the Agreement/Contract:
To continue maintaining the dunes along the coastline and beaches on Hutchinson Island
4. New/Renewal/Modification:
New
5. Duration:
Perpetual
6. Benefits to Martin County:
Additional shoreline projection along Martin County’s shoreline from the St. Lucie County line to Indian River Plantation
7. Cost to Martin County:
Minimal recording costs
In August of 1995, the Federal Beach Project was approved authorized as a 3.75-mile project beginning at the northern Martin County line and continuing south to the Dunes Club Condos along NE Macarthur Blvd. The construction took place from December 1995 to April 1996 with a County funded ¼ mile “local option” added to the south end, resulting in the full 4-mile-long project.
Since that time a total of 6 projects have been constructed including 2 partial projects (2001, 2002) and post hurricane (recovery) projects in 2005, 2013 and 2018. Material for the first 4 projects came from Gilbert shoal, which lies approximately 1.2 miles off the southern project limit and was pumped directly to the shore. The most recent projects used a hopper to transport sand from a new borrow site on St. Lucie Shoal, lying approximately 7 miles offshore and just north of the project’s northern boundary. Two pipelines extended offshore at the north and south ends to move the sand from the hopper to the beach. The construction template includes a 90 foot (ft) wide beach berm 6.5 ft above the North American Vertical Datum of 1988 (NAVD88) and a 1V:10H foreshore slope. This construction berm comprises a 35-ft wide authorized design berm plus advance nourishment extending from FDEP reference monument R-2 south to R-24 with tapers back to the existing shoreline continuing approximately 900 ft north and south to reference monuments R-1 and R-25. In addition to the berm, construction included a 20‐ft‐wide dune feature at elevation 11.0 ft NAVD88.
In 1995, when the project was authorized, the United States Army Corps of Engineers required Martin County to acquire easements from all the property owners that face the beach to complete the project. We were given a letter of authorization to allow 50-year easements along the project limits. Since then, the view of the policy and that authorization letter has changed.
In 2023, the Army Corps came back to the County requiring that all our easements be perpetual instead of the 50-year. Staff is working with property owners to rectify this issue and obtain new perpetual easements, removing the 50-year termination dates.
The Real Property Division has mailed out letters to the property owners and will confirm ownership of each of the easement areas as they are received and before recordation.
Sec. 139.31 and 139.32, General Ordinances, Martin County Code requires that any conveyance of an interest in land to Martin County for any public purpose shall be accepted and approved by Resolution from the Board of County Commissioners of Martin County.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine if it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the Resolution approving and accepting the 27 Perpetual Easements from the owners of the parcels identified on Exhibit “A” of the Resolution, for the 4-mile Beach Re-nourishment Project and authorize the Chair to execute all documents necessary to complete this transaction.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and provide staff with and alternative direction.
FISCAL IMPACT:
RECOMMENDATION
Recording cost to be paid with Environmental/Coastal funds.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.