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
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ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☒Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: