HomeMy WebLinkAboutR-2005-033 Beach Renourishment easement RESOLUTION NO. 2005-033
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A "PERPETUAL BEACH STORM DAMAGE REDUCTION
EASEMENT" IN WHICH BROWARD COUNTY WILL BE THE GRANTEE,
IN CONNECTION WITH THE BEACH RENOURISHMENT PROGRAM;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH,FLORIDA:
Section 1. That the proper city officials are authorized to execute a "Perpetual Beach
Storm Damage Reduction Easement" in which Broward County will be the grantee, in
connection with the beach renourishment program.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED this 22nd day of February, 2005.
C.K. MCELY
MAYOR—COMMISSIONER
AT_T ST: ROLL CALL:
% - COMMISSIONER ANTON - YES
COMMISSIONER CHUNN—YES
LOUISE STILSON COMMISSIONER FLURY - YES
CITY CLERK VICE-MAYOR MIKES - YES
MAYOR MCELYEA - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY: t
T OMAS J. A1,1SBRO
CITY ATTORNEY
This instrument prepared by:
® Broward County Attorney's Office
Governmental Center, Suite 423
115 South Andrews Avenue
Ft. Lauderdale, FL 33301
Phone: (954) 357-7600
PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT
GRANTOR: FOLIO NO. 504236000030
CITY OF DANIA BEACH AND
100 W DANIA BEACH BOULEVARD 504236000040
DANIA BEACH, FL 33004-3643 LEGAL DESCRIPTION:
SEE EXHIBIT B
GRANTEE: Broward County, a political subdivision of the State of Florida
Governmental Center, Room 423
115 South Andrews Avenue
Fort Lauderdale, FL 33301
DATE: -�C�--�.� �.. ? , 20 1,.
In consideration of the sum of One Dollar ($1.00) and other valuable considerations,
receipt and sufficiency of which is acknowledged, GRANTOR grants to GRANTEE, its agents,
successors and assigns, an assignable easement and right-of-way in, on, over and across the
land described in Schedule "A" (the "Easement Area") for use by GRANTEE, its representatives,
agents, contractors, and assigns to construct; preserve; survey; operate; maintain; repair;
rehabilitate; and replace; a public beach together with appurtenances thereto, including the right
to deposit sand; to accomplish any alterations of contours on said land; to construct berms; to
nourish and renourish periodically; to move, temporarily store, and remove equipment and
supplies; to erect and remove temporary structures; and to perform any other work necessary
and incident to the construction, periodic renourishment and maintenance of the Broward
County Shore Protection Project (the "Project"), together with the right of public use only on the
Easement Area; to facilitate preservation of the beach, dunes and vegetation; to remove from
the Easement Area debris and obstructions within the limits of the Easement Area.
Reserving, however, to the GRANTOR, and the heirs, successors and assigns of
GRANTOR, the right to construct beach access structures in accordance with any applicable
Federal, State or local laws or regulations, provided that such structures shall not violate the
integrity of the beach or dune in shape, dimension or functions,.and that prior approval of the
plans and specifications for such structures is obtained from the designated representative of
the GRANTEE, and provided further that such structures are subordinate to the construction,
operation, maintenance, repair, rehabilitation and replacement of the project; and further
reserving to the GRANTOR, and the heirs, successors and assigns of GRANTOR all such rights
and privileges as may be used and enjoyed without interfering with or abridging the rigtlts and
easements hereby acquired; subject, however, to existing easements for public roads and
highways, public utilities, railroads and pipelines.
This easement shall commence on the date the United States Army Corps of Engineers
("Corps") or the GRANTEE awards the contract for construction of the Project. This easement
0 may not be otherwise conveyed, transferred, altered, encumbered, or impaired without the
written consent of the Department of the Army acting by and through the Assistant Secretary of
the Army for Civil Works or a designated representative.
IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed
on the date first above written.
Signed, sealed and delivered GRANTOR: City of Dania Beach
in the presence of:
C` • Mo lyea, yor
Toui.se Stilson, City Clerk
Witness signature Witness print name
Mir;am S .r
Witness signature Witness print name
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this ` ( �'^ day of
_ ebr? IAljd.L , 20jaL, by C.IL- rf)c-C-�L- fCt._ , who is
personally knowtf� o me or who has produced
as identification.y_
(Seal)
My Commission Expires:
Signature of Notary Public
��qy P� OFF M- LNOTARYSEAL
(Typed or printed name)
Oe SUYANNE WUNDERS
COMMISSION NUMBER
DD085621
MY COMMISSION EXPIRES
FEB.12.2006
SCHEDULE A
That portion of the property described as the "Legal Description" that is landward of the Erosion
Control Line and seaward of any bulkhead, seawall, revetment, privacy wall, or fence that exists
on the property.
EXHIBIT B
PROPERTY ID NUMBER 504236000030 LEGAL DESCRIPTION:
36-50-42 TRACT OF LAND IDENTIFIED AS PARCEL 1 IN DB 779/373 LESS PART INC'D IN FOL
DESC'D PROP;COMM AT NE COR BLK 203 OF HOLLYWOOD CENTRAL BEACH,S 53.45,E 182,66, TO
POB,E 84.89,NLY 861.86,WLY 84.86,CONT WLY 165,SLY 758.69, ELY 165.05,SLY 105.50 TO P08
PROPERTY ID NUMBER 504236000040 LEGAL DESCRIPTION:
36-50-42 TRACT OF LAND DESC IN DB 398 PG 56,LESS PT DESC'D AS,COMM AT NE COR OF BLK
203 HOLLYWOOD CENTRAL BEACH,SLY 53.45 TO POB, ELY 182.66,NLY 864,ELY 84.86,SLY
1011.03,WLY 248.19,NLY 150 TO POB
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FREQUENTLY ASKED QUESTIONS
❑ What is the Broward County Shore Protection Project? The shore protection project, also known as a beach
nourishment project, will place about 2.8 million cubic yards of sand along approximately 12 miles of beach. The
entire project area extends from Hillsboro Inlet to Port Everglades (Segment II of the project) and from Port
Everglades to the Broward/Miami-Dade County border(Segment III of the project). Segment I(North Broward
line to Hillsboro Inlet) is not currently scheduled for implementation. The project is estimated to cost about$44
million,with a Federal contribution of about $23 million, a State of Florida contribution of about$1 I million, and
the remaining$9 million to be apportioned among the County and the participating municipalities. The project is
designed to restore the eroded beaches of Broward County in order to a) provide protection to upland property
from storm waves; b) ensure adequate recreational beach space for residents and visitors; and c) enhance the
environmental and aesthetic functions of the beach resource, including increasing sea turtle nesting habitat.
❑ Why are easements necessary? The Broward County Shore Protection Project is a Federal public works project
that is administered by Broward County and funded by the Federal, State, County, and municipal governments.
The easements will allow the temporary construction activities necessary to build the beach and will guarantee that
the public will be able to use the publicly funded beach after construction. The public use provision is necessary
because the participating governments require that public funds be spent on beaches that are useable by the public.
❑ Why is it called a Perpetual Storm Damage Reduction Easement? It is called Perpetual because it guarantees
that the public will have long-term use of the beach after public funds are spent on restoring it. It will also allow
the County and other governmental sponsors to conduct future beach nourishment, if necessary, without the need to
pursue easements again. The easement is called a Storm Damage Reduction Easement because one of the main
functions of a restored beach is to protect upland property, structures, and infrastructure from damage by storm
waves and storm surge. It is well documented that a wide beach significantly reduces wave and surge damage from
most storms.
How will granting this easement affect your property? You have received this easement request because you
are assumed to own a portion of the sandy beach which will either be affected by the upcoming shore protection
project or is located in an area which has been subject to past Federal beach restoration (and therefore may be
subject to future beach nourishment). Granting this easement will allow temporary construction activities on this
portion of beach and will allow the public to use the beach. You are not giving up any ownership rights over this
portion of beach. You still have the right to plant vegetation, construct dune overwalks,operate concessions,or
conduct other beneficial activities subject to existing rules,regulations, and laws. The beach nourishment project
actually benefits you, the shorefront owner, by providing increased storm protection, increased recreational
opportunities, and enhanced environmental quality.
C] When you grant the easement,can the government do something else with your beach? No. The easement is
specific to the "stone damage reduction"project only, which is limited to beach restoration and beach nourishment.
If the government wishes to pursue any project other than the Broward County Shore Protection Project, another
easement or permission would have to be obtained from you.
❑ Do you have to supply a survey or an appraisal of my property as part of the easement acquisition process?
No. Federal rules governing property acquisition for Federal projects(49 CFR Sec. 24.102)provide that an
appraisal is not required if the valuation is uncomplicated and the fair market value is estimated at 32,500 or less,
based on a review of available data. A State-certified MAI Appraiser has provided an easement evaluation report
that documents that the valuation problem is uncomplicated and that the fair market value of this easement is less
than$2,500. The report is available for review by the public at the Department of Planning and Environmental
Protection, Office of the Beach Erosion Administrator, 218 SW 1 Avenue,Fort Lauderdale, FL 33301, telephone
519-1230.
FAQ Page 1
_ AGENDA REQUEST FORM
CITY OF DANIA BEACH
NO. *
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: FEBRUARY 22, 2005
2. DESCRIPTION OF AGENDA ITEM: RESOLUTION AUTHORIZING CITY OFFICIALS'
TO GRANT TO BROWARD COUNTY AN EASEMENT IN CONNECTION WITH THE
IMPENDING BEACH RENOURISHMENT PROGRAM
3. COMMISSION ACTION BEING REQUESTED:
Adopt Resolution
4. SUMMARY EXPLANATION & BACKGROUND: AUTHORIZATION IS NEEDED TO
GRANT BROWARD COUNTY EASEMENT RIGHTS IN CONNECTION WITH THE BEACH
RENOURISHMENT PROGRAM.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
CITY ATTORNEY MEMORANDUM DATED FEBRUARY 11, 2005; JANUARY 31, 2005;
LETTER FROM BROWARD BEACH EROSION ADMINISTRATOR OF PROPOSED
EASEMENT AND ITS ATTACHMENTS
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount:
Fund: GENERAL: ❑ WATER: ❑ SEWER: ❑ STORMWATER: ❑
Account name: Account#:NIA
Finance Director Approval: Date:
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by: Tom Ansbro, City Attorney Date: 2/22/05
City Manager Date
CITE' OF DANIA BEACH
MEMORANDUM
TO: Mayor and City Commission
Ivan Pato, City Manager
CC: Fernando Vazquez, Public Services Director
Kristin Jones, Parks and Recreation Director
FROM: Tom Ansbro, City Attorney
DATE: February 11, 2005
RE: Beach Renourishment Program; Grant of Easement to Broward County;
"Perpetual Beach Storm Damage Reduction Easement"
Attached are copies of the referenced easement and a recent letter sent by Mr. Steve
Higgins, Beach Erosion Administrator, who is associated with the Environmental Protection
Department of Broward County. I have tried to negotiate changes to the wording in the
easement, since I objected to use of the word "perpetual" and to other provisions granting the
County broad authority as to placement of"temporary" structures and equipment on the beach. I
have been advised, however, that the U.S. Army Corps of Engineers is insistent that the wording
of the easement remain unchanged, or the federal government will not contribute to the
construction cost of the shore protection project. Consequently, since the project is slated to soon
begin, it is necessary to now obtain City Commission approval to execute the easement
document.
566.028
TJA:slw
Attachment
•
ASIR,
February 25, 2005
Stephen Higgins
Beach Erosion Administrator
Broward County Environmental Protection Department
Biological Resources Division
218 SW Vt Avenue
Fort Lauderdale, FL 33301
RE: BROWARD COUNTY SHORE PROTECTION PROJECT, SEGMENT III-
PERPETUAL STORM DAMAGE REDUCTION EASEMENT
Dear Mr. Higgins:
Please refer to your letter dated January 31, 2005, addressed to City Manager
Pato (copy attached for ease of reference).
On February 22, 2005, the Dania Beach City Commission adopted Resolution
No. 2005-033, authorizing the proper City officials to execute the above document. We
have enclosed for your records, one (1) fully executed original of the easement as well
as a copy of the Resolution.
If you have any questions regarding this agreement, please contact City Attorney
Thomas J. Ansbro, at 954-924-3635.
Sincerely,
,10
Miriam Nasser
Deputy City Clerk
Enclosures
•
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us
..:�Q'++w., J,.�F,y re �.-+R�'i w�r R,.✓"Ctii�flt..-.. r
ENVIRONMENTAL PROTECTION DEPARTMENT—Biological Resources Division
218 S.W. 1S1 Avenue•Fort Lauderdale, Florida 33301 •954-519-1230•FAX 954-519-1412
January 31, 2005
Mr. Ivan Pato, City Manager
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach,FL 33004
Subject: Broward County Shore Protection Project, Segment III
Perpetual Storm Damage Reduction Easements
Dear Mr. Pato:
As you are no doubt aware, Broward County is poised to begin construction of the shore protection project,which
includes the shoreline of the City of Dania Beach. The project bids have been received and opened,and upon award by
the County Commission,the contractor will begin mobilization. This letter is a third request that the City of Dania Beach
execute the Perpetual Storm Damage Reduction Easement(easement ,sent to you via ertifiedMail on October 15,
2001,and again on J 03
The easement allows Broward County and the US Army Corps of Engineers to construct the beach project and to
•maintain it into the future. It also provides assurances that the areas restored with publicly funded sand remain open to
the public. The Federal Government requires owners of property within the beach fill area to execute the easement,the
language of which was composed by the Army Corps of Engineers. Broward County has little latitude in altering the
document.
To the extent that a property is not covered by an executed easement,the Federal Government will not contribute to the
costs of constructing that parcel of beach,whether above or below the Erosion Control Line. The Federal Government
share of the project is approximately 58%. To the extent that easements are not obtained consistent with Corps of
Engineers guidance,Federal participation will be reduced and local costs will rise.
We are now at the point in the process where the County must demonstrate to the Corps that the beaches to be restored
are covered by an easement. Please have the easement executed at your earliest convenience so that federal dollars are
maximized. Thank you for your prompt attention to this important matter.
Sincerely;":
ei� 'g s�`rY
Beach Erosion Administrator
c: Richard Wilkins,Director, EPD
Eric Myers,Director, Biological Resources Division
Daphne Jones,Assistant County Attorney
Pamela Landi,Office of Public and Governmental Relations
Broward County Board of County Commissioners
Josephus Eggelletion,Jr.•Ben Graber•Sue Gunzburger•Kristin D Jacobs•Ilene Lieberman•John E.Rodstrom,Jr.•Jim Scott•Diana Wasserman-Rubin•Lois Wexler
www.broward.org