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Martin County

File #: 18-0558   
Type: Consent Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 7/24/2018 Final action:
Title: ACCEPTANCE OF AN EASEMENT BETWEEN THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (STATE) AND MARTIN COUNTY FOR CONSTRUCTION OF A WEIR PROJECT WITHIN THE SAVANNAS PRESERVE STATE PARK ADJACENT TO WARNER CREEK
Attachments: 1. Easement Location Map.pdf, 2. Resolution Accepting Easement (4-26-18 cs).pdf, 3. Sketch and Legal Exhibit A.PDF, 4. Exhibit B.PDF, 5. Warner Creek - Savannas Weir.pdf, 6. ECO FY18 CIP.pdf, 7. 2018-07-24 CNST – 13 Supp Memo.pdf, 8. A-33171-DRAFT-Weir Easement Final- NO RED .pdf

PLACEMENT: Consent

TITLE:

title  

ACCEPTANCE OF AN EASEMENT BETWEEN THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (STATE) AND MARTIN COUNTY FOR CONSTRUCTION OF A WEIR PROJECT WITHIN THE SAVANNAS PRESERVE STATE PARK ADJACENT TO WARNER CREEK

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EXECUTIVE SUMMARY:

executive summary

This is a request for the adoption of a resolution accepting and approving an Easement from the State for the access, construction and maintenance of a weir project at Warner Creek within the Savannas Preserve State Park located at the corner of Jensen Beach Boulevard and Savannah Road in Jensen Beach.

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DEPARTMENT: Public Works                     

PREPARED BY:                      Name: Carla Segura                     

                     Title:                     Real Property Manager                     

REQUESTED BY: John Maehl, Ecosystem Restoration and Management Manager                                          

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

Agreement/Contract drafted by:                       Martin County

 

Parties to the Agreement/Contract:                     Martin County, Grantee Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, Grantor

 

Purpose of the Agreement/Contract:                     Construction and maintenance of a Weir project

 

New/Renewal/Modification:                     New

 

Duration:                     Perpetual 

 

Benefits to Martin County:                     Regulate the downstream flow of water on Warner Creek

 

Cost to Martin County:                     Minimal recording costs

 

Savannas Preserve State Park stretches from Fort Pierce to Jensen Beach, Florida and is the largest and most intact remnant of Florida’s East Coast Savannas. The park preserves and protects environmentally unique and irreplaceable lands associated with the North Fork of the St. Lucie River, including Warner Creek.

 

In the early 1990’s Florida Power & Light provided mitigation for wetland impacts for the construction of the Levee-Midway Transmission Line. This mitigation included restoring wetlands within the Savannas Preserve State Park and filling in portions of Warner Creek north of Jensen Beach Boulevard raising the control elevation of the wetland to the north by placing a berm along its southern edge. 

 

Subsequent years of additional above average rainfall events caused the berm to completely wash out and it was eventually replaced with a concrete bag weir, which also failed and to date has not been replaced.

 

Martin County is at the southern terminus of all flows from Savannas Preserve State Park.  Peak flows into Warner Creek are not managed and the County has experienced community flooding south of the State Park within the Warner Creek watershed.

 

The proposed weir project will provide wetland habitat restoration within Savannas Preserve State Park and will reduce flooding for downstream Warner Creek watershed.

 

This project falls within the FDOT Right of Way and the southern park boundary.  Total cost estimates for the project are approximately $800,000 with partial funding from a State Appropriations grant of $300,000 with matching funds from the County.

 

Staff is working in conjunction with the State for the coordination of the construction of the weir project, which consists of access to the property along a pre-established access path and continued maintenance of the project by the County. 

 

Section 139.31 and 139.21, General Ordinances, Martin County Code require that any conveyance of an interest in land to Martin County for any public purpose shall be accepted and approved by resolution by the Board of County Commissioners of Martin County.

 

ISSUES:

 

The Easement will be provided via Supplemental Memorandum.

 

LEGAL SUFFICIENCY REVIEW:

 

This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable

law, has identified legal risks, and has developed strategies for legal defensibility.

 

RECOMMENDED ACTION:

 

RECOMMENDATION

Move that the Board adopt a Resolution accepting and approving an Easement from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and authorize the Chairman to execute any and all documents necessary to complete this transaction.

 

ALTERNATIVE RECOMMENDATIONS

Pull this item from the Consent Agenda.

Move that the Board provide staff with alternative direction.

 

FISCAL IMPACT:

 

RECOMMENDATION

None

                     

Funding Source

County Funds

Non-County Funds

 

 

 

 

 

 

 

 

 

Subtotal

 

 

Project Total

 


ALTERNATIVE RECOMMENDATIONS

None

 

DOCUMENT(S) REQUIRING ACTION:

Budget Transfer / Amendment                      Chair Letter                                                               Contract / Agreement

Grant / Application                                          Notice          Ordinance                     Resolution

Other: