PLACEMENT: Consent
TITLE:
title
ADOPTION OF A RESOLUTION APPROVING AND ACCEPTING 33 PROPOSED PERPETUAL EASEMENTS, FOR SHORELINE RESTORATION, AS PART OF THE MACARTHUR BOULEVARD DUNE AND BEACH PROJECT
end
EXECUTIVE SUMMARY:
executive summary
This is a request for the adoption of a Resolution accepting and approving 33 proposed Perpetual Easements from property owners along MacArthur Boulevard providing access to complete the MacArthur Boulevard Dune and Beach Project, which will restore and maintain the dune along the Atlantic Ocean side of MacArthur Boulevard.
body
DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: Jessica Garland, Coastal Program Manager
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Easements prepared by:
Martin County
2. Parties to the Easement(s):
Property owners - Grantor(s)
Martin County - Grantee
3. Purpose of the Easements:
Provide legal access to the County for restoration and maintenance of the dune along the eastern side of MacArthur Boulevard
4. New/Renewal/Modification:
New
5. Duration:
Perpetual
6. Benefits to Martin County:
In addition to legal access, the County will qualify critical grant funding opportunities for the vital restoration and the sustained cyclical maintenance of the protective dune system along MacArthur Boulevard.
7. Cost to Martin County:
Recording costs and title work
The MacArthur Boulevard dune has experienced significant damage from multiple severe weather events. Initially impacted by Hurricanes Frances and Jeanne in 2004, it underwent restoration via a FEMA project. However, the subsequent passage of Hurricane Ian in September 2022 and the direct landfall of Hurricane Nicole in November 2022 (in Fort Pierce) caused substantial erosion to the entire Martin County shoreline, necessitating extensive restoration work for the MacArthur Boulevard dune.
To address this critical need, obtaining perpetual easements from beachfront property owners is required. These easements grant the County the legal access and grant funding opportunities along private beachfront property for contiguous beach nourishment and dune restoration. It is important to note that the United States Army Corps of Engineers mandates all easements for such projects be perpetual. Without the execution of the easements, the County cannot proceed with this vital project.
Funding for a portion of this project has been allocated by the Florida Department of Environmental Protection (FDEP) during the December 2022 special legislative session. Construction is proposed for Fiscal Year 2026, in conjunction with the Hutchinson Island Shore Protection Project. Additional funds will be necessary to cover the remaining project costs not covered by the FDEP grant.
Perpetual Easements were distributed to property owners situated along the eastern side of MacArthur Boulevard. On February 11, 2025, the Board of County Commissioners (BOCC) formally accepted and approved ten (10) executed easements from property owners under Resolution 25-2.4, which have since been recorded in the Public Records of Martin County. To prevent further costs and delays, the Environmental Resource Division is requesting the acceptance of a Resolution approving the remaining 33 Perpetual Easements, anticipating their forthcoming receipt from additional property owners.
The Real Property Division will verify the ownership of each easement area upon receipt and prior to recordation. Any easement that is not executed will result in the exclusion of its corresponding premises from the project.
It is mandated by Sections 139.31 and 139.32, General Ordinances, Martin County Code that any conveyance of an interest in land to Martin County for a public purpose must be accepted and approved by a Resolution from the Board of County Commissioners.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, and legal staff have identified legal risks and developed strategies for legal defensibility, as applicable.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt a Resolution approving and accepting the remaining 33 Perpetual Easements from property owners along the east side of MacArthur Boulevard and authorize the Chair to execute all documents associated with this transaction.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and provide staff with alternative direction.
FISCAL IMPACT:
RECOMMENDATION
Recording costs to be paid with Environmental/Coastal funds.
|
Funding Source |
County Funds |
Non-County Funds |
|
Recording costs (less than $3,000.00) |
$3,000.00 |
|
|
Account: 3201-1307-xxxxx-537-2028 |
|
|
|
|
|
|
|
Subtotal |
$3,000.00 |
|
|
Project Total |
$3,000.00 |
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>.