PLACEMENT: Consent
TITLE:
title
SOUTH FLORIDA WATER MANAGEMENT DISTRICT HAS REQUESTED APPROVAL OF A CONSERVATION EASEMENT ON COUNTY PROPERTY AS A CONDITION OF AN ENVIRONMENTAL RESOURCE PERMIT FOR THE JENSEN BEACH WEST KAYAK LAUNCH PROJECT IN JENSEN BEACH
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EXECUTIVE SUMMARY:
executive summary
The South Florida Water Management District (SFWMD) has requested a Conservation Easement (CE) on County owned property along NE Ocean Boulevard, in Jensen Beach, as a condition of the Environmental Resource Permit (ERP) No. 43-111081-P, for the construction of a boardwalk and kayak launch as part of the Jensen Beach West Kayak Launch project. This project will provide additional recreational facilities to Martin County residents.
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DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: John Maehl, Environmental Resource Administrator
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Conservation Easement Prepared by:
SFWMD
2. Parties to the Easement:
Martin County, Grantor
SFWMD, Grantee
3. Purpose of the Easement:
CE for the Jensen Beach West Kayak Launch as required in the ERP from SFWMD
4. New/Renewal/Modification:
New
5. Duration:
Perpetual
6. Benefits to Martin County:
Additional recreational facilities to benefit Martin County and residents
7. Cost to Martin County:
Approved CIP project estimate (2155K) in the amount of $600,000 and continued maintenance, along with applying for grants to help fund the project.
The Jensen Beach West Kayak Launch improvements are anticipated to provide additional recreational facilities to Martin County residents. Improvements include construction of boardwalk and kayak launch with pavilion, seating, and educational kiosks along a 4.99-acre portion of land within the boundary of the 43.89-acre Jensen Beach conservation & recreation area.
As a condition of approval of ERP No. 43-111081-P, in lieu of mitigation costs, SFWMD is requiring this Conservation Easement to provide on-site wetland impact mitigation over County owned property, located west of NE Ocean Boulevard, and south of NE Causeway Boulevard in Jensen Beach.
The County will be responsible for the perpetual operation and maintenance of the boardwalk and kayak launch facilities, as well as the monitoring and maintenance of the CE area.
The County, in consideration of the consent granted by the Permit, is agreeable to granting and securing a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes. All Exhibits and Appendices are attached to the CE detailing the areas being utilized within the CE and ERP.
In compliance with Section 139.50, General Ordinances, Martin County Code, prior to granting this easement, the Board must consider the following:
1. The easement provides the County and SFWMD a perpetual easement and is requested as a condition of approval of the ERP No. 43-111081-P in lieu of mitigation costs.
2. The easement permits and construction of the boardwalk and kayak launch facilities promotes the general welfare of the citizen of Martin County.
3. The existence and location of the easement will not interfere with the use by County of the County property.
4. There is no consideration to be paid by SFWMD for the easement, as the ERP permit and CE easement are needed for County purposes.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, staff has identified and addressed legal risks and developed strategies for legal defensibility, as applicable.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board grant South Florida Water Management District, a perpetual Conservation Easement on County owned property located along NE Ocean Boulevard for the Jensen Beach West Kayak Launch project and authorize the Chair to execute all documents necessary to complete this transaction.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and direct staff with alternative action.
FISCAL IMPACT:
RECOMMENDATION
None
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>.