You are on page 1of 39
iieinnemaeee RECEIVED & FILED | OCT 26 205 McKIRDY & RISKIN, P.A. Anthony F. DellaPelle, Esq. | Attorney Id. No. 028511987 SUPERIOR CT., OCEAN 136 South Street, PO Box 2379 Morristown, NJ 07962-2379 Tel No.: (973) 539-8900 Attomeys for Plaintiffs NINA RITTER, SHARON CRUZ, LAWRENCE E. BATHGATE, II, AUSTIN AGOMEN and GWENDOLYN FRAGOMEN, SMATCO, LP, ANN F. MESTRES, LOWELL MILLAR and JENNIFER MILLAR, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: OCEAN COUNTY DOCKET No. OCN-L- AG49-IS Plaintiffs, v STATE OF NEW JERSEY, DEPARTMENT Civil Action OF ENVIRONMENTAL PROTECTION, COMPLAINT Defendant. (Declaratory Judgment) Plaintiffs, Nina Ritter, Sharon Cruz, Lawrence E. Bathgate, I, Austin Fragomen and Gwendolyn Fragomen, Smatco, LP, Ann F. Mestres, Lowell Millar and Jennifer Millar, , with address of c/o MeKirdy & Riskin, PA, 136 South Street, Morristown, New Jersey 07960, by way of Complaint against defendant, State of New Jersey Department of Environmental Protection, say: 1. Plaintiffs are owners, including riparian owners, owners’ representatives and taxpayers of the following tracts of parcels of oceanfront properties located on and along the coastline of the Atlantic Ocean in the Borough of Bay Head, Ocean County, New Jersey, as designated on the official Tax Map of the Borough: ‘Owner/Taxpayer 50, 5.01, together with Nina Ritter | riparian grants 6 9, 9.01, together with Sharon Cruz riparian grants Lawrence E. Bathgate, I 7 4 401, 5, ‘S01 together with riparian grants ‘Austin Fragomen and Gwendolyn Fragomen a 5 ‘Smatco, LP sr 6 together riparian grants ‘Ann F. Mestres 30 2 Lowell Millar and Jennifer Millar 7 2 2. The properties owned by Plaintiffs include single family homes and beachfront lands adjacent to the Atlantic Ocean and, with respect to those tax lots underlined above, includes riparian grants (hereinafter “Plaintiffs’ Properties”), 3. Fee simple title to Plaintiffs’ Properties extends to the mean the Atlantic Ocean and, with respect to those tax lots underlined above, includes riparian grants seaward of the mean high water line. 4. Defendant, State of New Jersey, Department of Environmental Protection (“NJDEP”) is an agency of the State of New Jersey. 5. As described in detail below, the within complaint seeks declaratory relief pursuant to N.J.S.4, 2A:16-50, ef seq., that certain threatened imminent actions by the NIDEP -2- relating to the “Manasquan Inlet to Barnegat Inlet Storm Damage Reduction Project” (hereinafter, the “Project”), intended to be carried out by the NIDEP in cooperation with the United States Army Corps of Engineers (hereinafter “USACOE”), are outside the authority of the NJDEP and are otherwise unlawful, 6. Asdescribed in detail below, the unauthorized and unlawful actions threatened by the NIDEP include, without limitation: (a) acquisitions of “easement” interests in private property; (b) acquisitions of interests in private property having the effect of conveying to itions of NIDEP the right to operate a public beach upon private property; (¢) acqui “perpetual” interests in private property. The Manasquan Inlet to Barnegat Inlet Storm Damage Reduction Project 7. In 1986, Congress approved Section 934 of the Water Resources Development Act of 1986, Public Law 99-662, ‘which authorized the United States’ to extend Federal participation in periodic beach nourishment for shore protection projects for a period not exceeding fifty years after the commencement of the period of initial construction. 8. Congress authorized construction of the “Manasquan Inlet to Barnegat Inlet Storm Damage Reduction Project” (the “Project” in Section 1001 (32) of Public Law 110- 114, 121 Stat. 1041, more commonly known as the “2007 WRDA”, 9. Congress authorized the Secretary of the Army, in Section 1001(32) of the 2007 WRDA (P.L. 110-114, 121 Stat. 1041 at 1054-55), to carry out the Project substantially in accordance with the plans, and subject to the conditions, described in the Report of the Chief of Engineers dated December 30, 2003 (Chief's Report). 10. The Chief's Report describes the Project as consisting of construction of a “dune and berm using sand obtained from offshore borrow sources.” 3. LI, The Chief's Report recommended that the Federal Government construct the Project subject to the non-Federal sponsor's agreeing to fulfill certain obligations. One of these obligations is to provide the real estate interests determined by the Federal Government to be necessary for the Project. 12. ‘The non-Federal Sponsor for the Project is the State of New Jersey, acting through the NIDEP. 13. The requirement for the non-Federal sponsor to provide all real estate interests required for the Project derives from section 103(i) of the WRDA of 1986, Public Law 99- 662. 33 U.S.C. § 2213. 14. Pursuant to 33 U.S.C. 2213(i), the non-Federal sponsor of shore protection projects is required to obtain only those lands, easements, rights-of-way, and dredged material disposal areas required for the Project. 15. The legislative purpose and authorization for the federally funded Project is limited to the construction and maintenance of protective sand dunes, berms, and engineered beaches to protect the New Jersey beaches and coastal areas from flooding and erosion due to storms, 16. The Project is Congressionally-authorized for a period of fifty years and is not authorized “in perpetuity.” 17. The Project does not require acquisition, whether in fee simple or by “casement,” of all of the privately-owned beaches within the Project Area for purposes of creating “public beaches” in the ownership of the NIDEP, in perpetuity or otherwise. 18. Following Hurricane Sandy in October, 2012, on January 29, 2013, Congress enacted the Disaster Relief Appropriations Act of 2013, Pub. L. No. 113-2 ("Sandy Relief Act"), 19. The effect of the Sandy Relief Act was to provide funding to permit the Project to move forward. Project Partnership Agreement Between NJDEP and USACOE, 20. Pursuant to 33 U.S.C. 426(e), after authorization by Congress and before commencement of construction of a shore protection project, the Secretary of the Army is required to enter into a written agreement with a non-Federal sponsor with respect to the project. 21, On or about July 18, 2014, the USACOE and NJDEP, as the non-Federal sponsor, entered ito a Project Partnership Agreement (the “PPA”) for the purpose of implementing the Project. 22. The PPA defines the Project as a “sand fill dune and berm.” [PPA, Art. 1, Para. Al 23. Pursuant to the PPA, USACOE is required to determine the real property interests needed for construction, operation, maintenance, and periodic renourishment of the Project. [PPA, Art. III, Para A.] 24, The USACOE does not require acquisitions of private property by the non- Federal sponsor for “public beaches”, cither in fee simple or by “easement,” in perpetuity or otherwise, in order to effectuate the Project. 25. In related pending litigation (/enkinson’s Pavillion, et al. v. United States Army Corps of Engineers, et al, Civil Action No. 3:14-CV-07809-PGS-LHG (U.S. Dist. Ct D.N.J.), the USACOE has represented to the Federal Courts that: Plaintiffs [Jenkinson’s Pavillion and Jenkinson’s South] argue that the Corps “has no authority to mandate, and did not mandate, acquisitions of private property for ‘public beaches” by the non- federal sponsor as a prerequisite for construction of the project...in perpetuity or otherwise.” The Corps is not requiring NIDEP to acquire plaintiffs’ privately owned beaches to turn them into publicly owned beaches as a prerequisite to the project as plaintiffs seem to suggest. (Doc, 56 p. 16-17) he If NJDEP elects to acquire additional property or a greater estate than is required for the project, NIDEP may be well within its rights to do so using the State’s authorities to acquire property [Memorandum of Unites States Army Corps of Engineers in Opposition to Plaintiffs’ Motion for Partial Summary Judgment, filed April 2, 2015, PACER Filing: Case 3:14-cv-07809-PGS- LHG. Document 56, p.19, (p. 14 text) n.3)] (emphasis added) Facts Relating to and Non-Involvement of the Borough of Bay Head 26. The Project includes lands adjacent to and within the Atlantic Ocean located in the Borough of Bay Head, Ocean County, New Jersey. 27. Plaintiffs’ properties, as well as the entire shorefront in the Borough of Bay Head, currently enjoy adequate storm protection provided by a rock revetment, with origins dating back to the late 1800s, and which has been substantially maintained and improved, most recently in 2015. 28. The rock revetment, together with associated sand cover, vegetation and other storm protection devices, provide adequate protection from coastal storms to Plaintiffs’ properties, other oceanfront properties in the Borough, and properties located landward of oceanfront properties in the Borough. 29. ‘The aforesaid rock revetment and associated sand cover, vegetation and other storm protection devices, have been constructed, reconstructed, repaired and maintained by oceanfront property owners in the Borough of Bay Head, including Plaintiffs and their predecessors in title, at their own personal expense. 30. The Borough of Bay Head, a municipal corporation of the State of New Jersey, has not entered into any agreement with the NJDEP to carry out acquisitions of private property by eminent domain for purposes of the Project, and has not independently determined to carry out any acquisitions of private property by eminent domain for purposes of the Project. 31, Any acquisition of any interests in private property for purposes of the Project, must be carried out by the defendant, NIDEP under applicable legislative authority, if any, and within the limits of such authority, if any, that has been lawfully delegated to the NIDEP. Executive Order 140 32. On or about September 25, 2013, the Govemor of the State of New Jersey issued Executive Order 140, 33. Executive Order 140, infer alia, directed the Commissioner of the NIDEP to create an “Office of Flood Hazard Risk Reduction Measures” which office was directed to “lead and coordinate the efforts of the DEP to acquire the necessary interests in real property to undertake Flood Hazard Risk Reduction Measures.” 34, The “Flood Hazard Risk Reduction Measures” described in Executive Order 140 were defined as "protective sand dunes, berms, and engineered beaches.” 35. Executive Order 140, inter alia, asserted the authority of the NJDEP as follows: WHEREAS, pursuant to N.1S.A. 12:3-64, the New Jersey Department of Environmental Protection (“DEP”) is authorized to acquire any lands in the State that it deems advisable, and may ‘enter upon and take property in advance of making compensation therefore where for any reason it cannot acquire the property by agreement with the owner; 36. Executive Order 140 does not authorize takings of all of the privately-owned beaches within the Project Area by the NJDEP, whether in fee simple or by “easement,” for purposes of creating “public beaches” in the ownership of the NJDEP, in perpetuity or otherwise. 37. Executive Order 140, as an act of the executive branch of government, cannot properly authorize the use of eminent domain as a matter of law. 38, The use of eminent domain by any government agency in New Jersey can only be authorized by proper legislative action. ‘The “Deed of Dedication and Perpetual Storm Damage Reduction Easement” Sought by NJDEP 39. Inadvance of commencement of the Project, NIDEP solicited from thousands of owners of oceanfront private property affected by the Project, including Plaintiffs, the voluntary execution, without consideration, of a certain “Deed of Dedication and Perpetual Storm Damage Reduction Easement” (the Deed”). 40. Upon information and belief, the form of the Deed was prepared by NJDEP, based, at least in part, upon information supplied to NIDEP by the USACOE, 41. A true copy of the Deed is annexed hereto as Exhibit A. real estate. 42. The Deed does not purport to convey a fee simple interest i 43. The Deed purports, inter alia, to convey to NIDEP a “perpetual and assignable easement and right-of-way” to: a, Construct, preserve, patrol, operate, maintain, repair, rehabilitate, and replace a public beach... (Emphasis added) 44, As an inducement to secure voluntary conveyances without consideration of the property rights and interests set forth in the Deed, NIDEP has asserted and represented to the public that USACOE participation in Project was contingent upon NJDEP’s acquisition of the property and rights described in the Deed. 45. The Deed itself states, inter alia, that USACOE “will not participate in the Project unless the Grantee acquires the real property interest herein described in all real property needed for the Project..." (Deed, p. 1) 46. The NIDEP intends to employ the Deed as the description of the legal rights to be acquired in connection with any acquisitions or takings of private property by the NJDEP in connection with the Project. Communications Between the NJDEP and Plaintiffs 47, In connection with the Project, representatives of the Office of the New Jersey ‘Attorney General and NJDEP met with property owners in coastal municipalities affected by the Project, including Plaintiffs’ representatives, in an effort to secure the owner’s voluntary execution and conveyance of the Deed. 48. On several occasions in 2014 and 2015, Plaintiffs’ representatives met with representatives of NIDEP and the Office of the Attorney General of New Jersey in connection with the Project within Bay Head specifically. 49. During the discussions between Plaintiffs’ representatives and NJDEP, Plaintiffs” representatives were presented with, and requested to sign, various versions of the Deed, which versions contain certain differing immaterial terms and conditions, but all of which contain material terms and conditions, which material terms are objectionable to Plaintiffs, and which reflect NIDEP's intention to acquire private property interests in exceedance of NJDEP’s authority, and also in exceedance of the requirements of the USACOE for the Project. 50, The various forms of Deeds are annexed hereto as Exhibits B, C and D. SI. During the discussions between Plaintiffs’ representatives and NJDEP, representatives of NJDEP and the Office of the Attorney General of New Jersey informed Plaintiffs” representatives that the exact terms and conditions of the material portions of the Deed were mandated by the requirements of the Project. 52. During the discussions between Plaintiffs’ representatives and NJDEP, the representatives of NIDEP and the Office of the Attorney General of New Jersey informed Plaintiffs’ representatives that the exact terms and conditions of the material portions of the Deed were non-negotiable. 53, Plaintiff’ representatives have refused to execute the Deed in the form requested by NIDEP. 54, Plaintiffs’ representatives have advised representatives of the NJDEP and the Office of the Attomey General of New Jersey that, in lieu of executing the Deed, Plaintifis -10- ‘would agree to and permit the construction the Project upon the private oceanfront properties in Bay Head owned by Plaintiffs under certain conditions by granting NIDEP and USACOE the right to enter said private properties, provided that such actions would not create “public beaches” on said private properties. 55. Upon information and belief, representatives of the NIDEP and the Office of the Attorney General have rejected the proposal by Plaintiffs’ representatives to permit construction of the Project upon the private oceanfront properties in Bay Head owned by Plaintiffs under certain conditions by granting NJDEP and USACOE the right to enter said private properties, provided that such actions would not create “public beaches” on said private properties. NJDEP Assertion of Authority Under N.J.S.A. 12:3-64 to Acquire “Easements” 56. From the inception of the Project, NIDEP has asserted that it possesses legislative authority to acquire interests in private property pursuant to NJS.A. 12:3-64 in furtherance of the Project. 57. NIDEP has represented to the public, including Plaintiffs, that NIDEP intends to rely upon N.J.S.A. 12:3-64 as its authority to acquire “easement” interests in real property for the Project within the municipality of Bay Head. 58, NWJLS.A, 12:3-64 does not authorize the NIDEP to acquire “easement” interests in real property for purposes of the Project or otherwise. 59, NWJLS.A, 12:3-64 is a part of a statute which authorizes joinder and economic development of riparian and adjacent uplands. “Me 60. Acquisitions, when authorized under N.JS.A. 12:3-64, are limited to acquisitions of fee simple interests in real estate, consistent with the expressed purposes of the aforesaid statute. NJDEP Assertion of Authority to Acquire “Perpetual” Interests 61, The Deed purports to convey, and NJDEP intends to acquire, “perpetual” interests in real property for the Project within the municipality of Bay Head. 62. Authorization for the Project by the United S is not perpetual, ales Congres but is instead limited to a term of years, 63. Neither Executive Order 140, nor 33 U.S.C. 2213(i), nor the Project in real estate for Partnership Agreement require the acquisition of “perpetual” interests purposes of the Project. 64. The Project does not require the NJDEP to acquire “perpetual” interests in real estate. Public Ownership and Public Use of the Shoreline and Existing Public Use of Beaches 65. New Jersey common law establishes a pre-existing right of public use of the shore seaward of the mean high water line and, dependent upon the circumstances, a right of public use of an area of dry sand landward of the mean high water line reasonably necessary for recreation. 66. The foregoing rule of law is termed the Public Trust Doctrine, See, eg, Matthews v. Bay Head Improvement Assn., 95 N.J. 306 (1984). 67, The Deed recites that the Deed will “also serve to implement the Public Trust Doctrine and ensure permanent public access, use and enjoyment of the beach and ocean.” -12- 68. The Public Trust Doctrine already ensures “permanent public access, use and enjoyment of the beach and ocean,” and requires no “implementation,” and therefore the Deed ‘can be construed, or misconstrued, as creating rights in the public greater than those in existence under the Public Trust Doctrine, 69, In addition to the areas of Plaintifis’ properties where public access, use and enjoyment is permitted by the Public Trust Doctrine, the dry sand beach and riparian portions of Plaintiffs” properties are open to the public, for a fee during summer months and without a fee the remainder of the year. 70. Public access to the Atlantic Ocean is provided at all street ends perpendicular to the Atlantic Ocean in the Borough of Bay Head, and includes public parking along the streets in Bay Head. 71. No additional acquisitions of private property in the Borough of Bay Head are necessary in connection with the Project for purposes of creating a right for public access, use and enjoyment of the shore or for satisfying the public use requirements of the Project. 72, The Project does not require the acquisition of private property in the Borough of Bay Head to create public beaches. 73. The NIDEP is without authority to take private property in the Borough of Bay Head to create public beaches for purposes of the Project under Executive Order 140, NJS.A.12:3-64, or otherwise. Basis for Declaratory Relief 74. NJDEP intends to take Plaintiffs” private properties and that of other similarly- affected shorefront owners for purposes of the Project under the asserted legislative authority of N.J.S.A.12:3-64, has provided written notification to Plaintiffs of its intent to use eminent 213- domain to take said private properties, and has undertaken various actions in furtherance of its intended takings. 75, The takings intended by NJDEP are imminent. 76, Plaintiffs require relief to settle and afford relief from uncertainty and insecurity with respect to their rights, status and legal relations with respect to the matters set forth in the within complaint and as set forth below in Plaintiffs’ requests for relief WHEREFORE, Plaintiffs respectfully request judgment and relief as follows: A. For a declaration as a matter of law that defendant NIDEP is not authorized to acquire “easement” interests in real property in the Borough of Bay Head for purposes of the Project under authority of NWJ.S.A. 12:3-64. B. Fora declaration as a matter of law that defendant NJDEP is not authorized, either by Executive Order 140,33 U.S.C. 2213(i), N.J.S.A. 12:3-64, the PPA, or any of them or otherwise, to acquire privately owned beachfront property in the Borough of Bay Head for purposes of establishing “public beaches” for purposes of the Congressionally-authorized Project. C. Fora declaration as a matter of law that defendant NIDEP is not authorized to acquire “perpetual” rights in private property in the Borough of Bay Head for purposes of the Congressionally-authorized Project. D. For such other relief as this Court deems just, proper, and equitable. McKIRDY & Attomeys fo ISKIN, P.A. laintifs HONY F. DELLA PELLE Dated: October 26, 2015 DESIGNATION OF TRIAL ATTORNEY Please be advised that Anthony F. DellaPelle, Fsq. is designated to try this matter R.4:5-1(b) (2) CERTIFICATION. We certify that the matter in controversy is not the subject of any other action pending in any Court, nor is it the subject of any arbitration proceeding, and that no action or arbitration proceeding is contemplated except the following related matters, pursuant to which aspects of the Project are being challenged and in issue: Jenkinson's Pavillion, et al. v. United States Army Corps of Engineers, et al, Civil Action No, 3:14-CV-07809-PGS-LHG (U.S. Dist. Ct. D.N.J.); Tomasi, et al v. Township of Long Beach, Civil Action No. 3:14-CV-07319-PGS-LHG US. Dist. Ct. NJ); Margate City, New Jersey v. United States Army Corps of Engineers, et al, Civil Action No, 14-CV-7303-RMB (U.S. Dist. Ct. D.NJ.); Minke Family Trust v. Township of Long Beach, Docket No. OCN-L-003033-14 (N.I Super. Law Div.); Carolan, et al v. Township of Long Beach, Docket No. OCN-L-003379-14 (N.J Super. Law Div.); State of New Jersey v. City of Margate, Docket No. ATL-L-2295-15 (N.J. Super. Law Div.) In addition, the within matter arises in connection with threatened eminent domain proceedings, which, to Plaintiffs’ knowledge, have not been presently instituted. Each of the Plaintiffs reserves the right to contest any eminent domain proceedings instituted against any property identified as owned by any such Plaintiff in this complaint. Finally, Plaintiff's reserve the right to amend the complaint in accordance with the Rules of Court or as may otherwise be -15- permitted as a matter of law. To the best of our knowledge, no other parties need be joined at this time. Dated: October 26, 2015 McKIRDY &RISKIN, P.A. JONY/F, DELLA PELLE, -16- EXHIBIT A Prepared by DEED OF DEDICATION ANO PERPETUAL STORM DORMAGE REDUCTION EASEMENT {WTS ED OF WEOICAEION AND PERPETUAL STORM BAAACE REDUCTION EASEMENT 6 ede tis aay of myo Br AND hose adareas is) refected to hasain ae Grantor, Stheg on ew secany hone owt oft and, 2 Municipal Corporation of che jered to herein collectively aa. the wiunens, Grantor ia the ower of that certain tract of land, located in the Borough of bey end, County of ‘Coven, State of Nev Jersey, and Adentitied as Block (a) voter ist on the officiel tax aap of the Sordagh SF Gay Herd, hereinattoe the “Property,” and Grantor holds the coguisite interest ro grant this Deed of Easenent? and WHEREAS, the Grantees recognise that the besch at the Borough of Gay ead, ‘Mow defary 1s subject. to constant erosion and cegeadation, thereby Gectfoying a walusble natural rerource snd theestening the safety and property of the Grantor and of all of the citizens of the State; andy muBREAs, the Grantees desire to participate with each other snd the United tates) Army Corps of Engineers co construct the Vonasquan trlet 9 aenegat inlet Storm Damage Reduction Project, as defined in the Decenber 30, "2003 Chats Report iasved by the Depectment” of the Arny between the Depertnent of the Acny snd the State of Mew deesey, heveinarter ene “Project? ond, WWEREAS, Lo order to accomplish pact of the Project, Grantees aoed a Jerpetusl Stoem "Oanage eduction aaunant on portions of said. Property warein described esd, WusREAS, che United States Amy corps of Engineers will net participate io the Project unless the Grantees acquire the reol_oroperty Enecrest Aecein desceibed in all eval property neaded for the Projects andy nienans, the pocough of bay lead shall consider this Deed of Easement in estoblishing the full assevsed value of eny lange subject to such iansAa, the Grantor dorices to cooperate in allowing the erojact to take place on # portion of seid Property) and, wienens, the Grantor acknowledges that it will benefit from the successful implenertetion of the Project andy weREAS, the Grantor ecknowlsdges hat after suecesssul nplenentaticn of the Project tho bench ant hunt are seiil subject to the forces oF nature TMS 01818 Bay HeayMise, Cons Eg DocamensiSACE Faroe Now, SHEREFORE, in consideration for the benefits to be received by the ceantor from the svccesstoi smplenantation of the eraject, the Grantor Grants and convéys to Grantee an. irrevocable, aswignable, perpetwal aed GRAVE OF EASEMENT: A perpetual and assignable s2somont and right-of way toe the Manasquan Inlet to Uacnegat Ialet Storm Datage Reduction #rosect In! on, over and serosa chat Land of the Property described sr the area east of a line designated a2 the “Dune Rafecence Lino” as dolinoated on = five (5) "gest sap aot sntitied “Borqugh of Bay Head, Oune Reference Tine, June 201s" "as Signed and. seated by ME. Robert Mainberger, PE, of latch Hott Necbonaia “and adopted” by the” erough through Resolution ¥ dared, erat te defined a2 folloue Beginning ats point of the State Plane Coordinate Systen of 2503 (SECS Ba) on the North American Ostum of 1983 (NAD E3) of (hl $52822,88, (8) 620395-94 on, the common municipal boundary Line of the Gorough af Day 1°" G0" Degrees, eo Minute, St Seconds w, 216-26 teers thence 2. $68 begresas 14 minutes, $3 Seconce M, 712.61 feat? thence 5. § 09 Degrees, a1 minutes, 53 Seconda M, 272,11 feet; thence & $06 degeces, 06 Minutes, 07 Seconds W, 395.68 fects thence 5 9.08 Oogrese, 31 sinstea, 11 Seconds mM, 58101 feet; thence 5-07 ongrees, 29 minstes, 04 Seconde 8) 402.75, G6 degrees, 59 Minutes, 16 Seconds W; 399.98 feet; G5 degrees, 08 Minutes, 09 Secends M) 38.05 fect, 4) Degeecs, 49 Minutes, 30 Seconds W, 401.23 fects thence 12) 5.11 begresa, 36 tinvtes, 59 Seconds w 2,259.88 feet thence 13! § 08 begcses, 56 Minutes, 1) Seconds w, 1,241.34 feet) thence 14, § 02 Degracs, 07 Minutes, 46 Seconds W, 136.10. feety ending at 2 Point of the SCS #3, NAD 93, of (n} 406082.87, (B) 619430-02 on che Connon muniespat hevhdary 1sne with the Gokough of Montoioting and fhe Doxeugh of Bay Head. 4° B06 degrees, 12 Minutes, 55 Seconds M, 70.19 feet 2. Construct, preserve, patrol, operate, maintain, repair, Fehapilitate, and replace + public beach, dune syatem, and oth Srosion control and storm ‘dahage reduction measures cogetner ith appurtenances thereto, including the right to deposit. sand, to netemplian any alvaratione of the contours oo. said land, "to EGaeccuct teens” and duneay, and. to nouriah and re-nouessh perioaicantys b, Move, temporarily store and remove eqaipment ond suppil Perform any other work necessary and incident co che EGnstevction, gersadic tenourisiment, and maintenance “st the Manasquan inies eo dorneget Inlet stozm Oamage Redaction Project together with the right of public u ©. erect, maintain, and genove silt aczeens and snow fences 5. Facilitate pruseevation of dune and vagetation through che Limitation of public access ro dune ereasy he Feim cut, fell, and ronove from said land allem Underbeush, debris, “ohetructions, and “aay acher vegatation, Structures, and obstacles within the Linite of the easenenty the asonent reserves to the Grantor, the Grantor's heirs, successors and IMS a IREBE- ay ends, Coma Fg.Dncunent USACE Essen existing easements for utilities and pipelines, existing public highways Geisting paved public. coado and existing public’ streets. Grantor hereby Skpressly ‘agrees not to grade or excavate within the easenent aves of LO place therein any structuro ce mateeiai other then 3 dune valtovar 3 Eeferenced sbove witheut prior epproval of the plans and specifications. for FaLd activities fron the Borough Of Say Mead, the State of New Jersey and/or Any applicable Federal agency, 9 required Duration of Easenant: The easenont granted hereby shall be in perpetuity, Sad in’ the event that the Borough of ay load er the State of ‘ew Jecsey Ghali "become merged with anyother” geo-political entity or entities, the Gtsenent granted heceby shalt rin. in favor of surviving entities.” The Covenants, tans, conditions and restrictions of this Oeed of easement shall be binding upon; and inure to che Denafse of che partion nezeto ond thelr Fespective pectonai representatives, Meira, sucenasors and assigns end shall Sontinss 92's servitude running in pergetuity with the land cost and expense, consistent with all applicable laws in effect at the tine fhe release Sa requested Municipality to Maintain Beach: The Borough of aay dead. The Municipality Goveces consistent with sll Federal, state and. local statutes and Teguiations, that at sll times {t shall se ita best, good-faith efforte to tGnise the beach area sbuteing Grantor's ands to be walntained, consistent Sith’ any “applicable federal, Skate oF loco!’ lava ot ogulations Rotwithstanding any action or inaction of the Stace of New. Jersey, Department of Environmental. Protection of the United states Army corps of Character of Property: Notwithstanding the foregoing, nothing herein is Sntended of shall, be deaaed to change the overall charactor of the Property ao private proportyr nothing herein shalt be Geenad to grant to the Grantee OF otherwise pecmie the Grantee or any other person to cress over oF se any Bact of the froperty which ie not within the Easement Aree) nothing herein Be lntended oc snail be desned to alter the boundary Lines or setback Lines of the Property fy the acceptance of this Deed of Easenent, the Munictpality agaes, to the stvent sliowed by applicable law, thatthe Lands burdened by the. etsenent herein described” anil not be sxeluded frou the calculation of minimum Bquate footage requivements when constroing applications under the Zoning Oedinance of the Municipality. OF the Grantocs and any forbesssnce by Grantees to exercise their rights Gsder thie Easenent. in the event of any violation by Grantor shall not. be Gooned or construed to be » univer by Grantors of such term or Of any Svbsequent violation or of any of Grantee's rignes under this Easenent. Ne delay or cuission by trantesa in the exercise’ of any shake of fenedy upon Gonstrued ae. waiver of such rights oF canedias 2. the intespretacion and performance of this Osed of Eacenent shall be ‘Governed by the Inve of the State of New Jersey, 3. E€ any provision of this sed of Easement or the apptication thereot to Shy pecoor or eiremstance 4 found to be invalid, the remainde: of the Provisions of this Easonent or the application of auch provision ta persons Eeeeigcunstances athes than chose to which it is found to be invalid, se the Gaee may boy ahali not be affacted thereby 4. Any notice, demand, request, consent, approval ot communication under Riiling ndgeesees set forth. apeve or any) ates, addtess of hich Pe revetment will not be altered by this easenenc. The project will be Gnstrected and maintained over the revetment IN WITWESS WHEREOF, ith the patties understanding and agtesing to the Stoves they de heceby place choir signatures on tha date at the top of the First page ecopted by the Witnessed bys Property Denes, GRANTOR exaivro SORRY PURLTE OFE STATE oF NEw JERSEY Accepted By the Hicnessed by: Borough of Bay Head, GRANTEE WATT Wo CaRETS, Payor ROTRAY-PORLTC-OF-THE™ coated by the Mtenessed bys State of New Jersey, GRANTEE (sae oF OFFielaty SOFARY PUBLIC OF THE rT cemtry that on 2013, peesonaily cane before me and this person acknowledged under oath, to my Eleisfact len that this person {0% SE moze than one, each pOrson)? 1) is naned in and personally signed this Osed of casements 2) signed, sealed and delivered this Deed of exsenent 25 nis ox her act and ‘eee 3) Notds the requisite omership interest ané authority to enscute chia Deed of Eaaenenty sna 4) made this dead of fasenent for the Fell and actual consiceration a: set ora PRCT TE Pia 948188 Ray Head Min, Cons Fag) Dacumentst SACE Fasener EXHIBIT B State of Now Jersey Sifice of the Attorney General A.J. llughes Justice Complex 25 Market street, P.O. Box 112 Trenton, New Jersey DE625 DEED OF DEDICRTION AND PERPETUAL, STORM DRMAce REDUCTION EASEMENT THIS OEED OF DEDICATION AND PERPETUAL STORM ORNAGE REDUCTION EASEMENT t= made this day OF ‘2018 By AND referred to herein 88 Grantor, IME SEATE OF HEH JERSEY ceferced to herein collectively as the Grantee, WHEREAS, Grantor is the owner of that certsin tract of land, Located in thé forough Of Bay lead, County of Ocean, State of. Néw- Jersey, and identities as Block, Lot yan. the official tax sap of the Borough of Bay Weed, necéinatter the “Property,” and Grantor holds the requisite interest te Grant this Oned of Easenant? ond WHEREAS, the Grantee cecognize that the beach at the Borough of Bay Head, ‘New Jersey Le ovbject to constant erosion and degradation, thereby destroying a valuable naturel resource and threatening tne safety and Property of the Grantor and of all of the citizens of the State; and, WuEREAS, che Grantee desires to participate with the United States Army corps of Engineers to construct the Manasquan inlet to Barnogst Inlet storm Damage Reduction Project, a defined in the Uecenber 30, 2003 Chiefs Report {Soued by tho Department’ of the Acmy between the bepartment of the Army and the state of Now Jersny, hereinatter the “Project”: andy, WHEREAS, constrvction of tne Project includes periodic renourishment, much ‘may be performed solely by the Grantee or in conjunction with the United States Army Corps OF Engineers: and, WHEREAS, 0 order to accomplish art of the Froject, Grantee needs a Perpetual Store Donage Reduction Easement on portions of seid Property herein Gescribed: anc, WHEREAS, the United States Army Coxps of Engineers and/or State of New Jersey will not participate in the Project unlese the Grantee acquires the feal property interest herein described in all veal property neoded for the Project; and, wmmeszAs, the Grantee shall instruct the Borough of Bay Head to consider 3 Deed of Basement in establishing the full seeessed value of any lands subject to such restrictions; and, WHEREAS, che Grantor desites to cooperate in allowing the Project to take place ona portion of said Property: and, nefst from the WEREAS, the Grantor acknowledges that ic will 0 of the Project the beach and dune are still subject to the forces of nature Ghich"can emul in both erosion sd secretion of the beach and dunes and, Now, SHEREPORE, in consideration for the benefits to be recelved by the Grantor from the successful inplenentation of the Project, the Grantor grants aed conveys to Grantee an irrevocable, assignable, perpetual and permenent Sasenent 92 set forth hereti GRAYT OF TASENGNT: A perpetual and assignable easement and right-of-way for the Manaequan Inlet. to Basnegat Inlet Storm Damage Reduction Project in, Gn, over and across. Block Pot, deueribed ax the ares east of Tine desianated ss the “Gine Reference Tine” as delineated ona five (5) Gheet map set entitied “Oune Reference Linc” dated September 17,2013 as Signed nnd sealed by Me. Robert Mainberger, FE, of Hatch Mott MacDonald and Adopted by the Bozough through Resolution FAB date 4, Novenber, 2013 that is Getined az follows Beginning at a point of the State Plane Coordinate system of 1983 (secs B3)_ on the North American atom of 1983 (MAD 3) of (M) €52622.04, (5) 620925,94 on the. conmon minicipal boundary line of the Borough of bay Hosd with the Borough Of Point Pleasant Beach: thence 05 cayroes, 36 tinutes, 17 Seconds W, 1,241.34 feats thence BS Degrees, 7 Minuten, 46 Secands W, 136.10 fost; ending at a point Of the SCS 83, NAD AY of (Nl 446252.57, (B) 61943002 on the conMOD funieipal boundary line’ with ‘the iorcugh ef Mantoloking and the Boreugh of Hay Head, 300 245 Minutes, 4 soconds W, 216.24 hence $08 wa, 14 Minutes, 53 Seconda W, 112.61 ‘hence 50 41 Himitee, $3 Seconda 272.12 thence § 08 Degrees, 06 Minster, 07 Seconds W, 395.68 $09 degrees, 31 Minutes, 11 Seconds W, 55.01 5 09 degrees, 29 Minutes, U4 Seconds W, 402.75, hance 8 06 Degceea, 12 Minutes, 55 Seconds W, 70.29 thence § 08 Degrees, 59 Minutes, 16 Seconds W, 399.91 hence § 00 Degrees, OF Minutes, 09 Seconds W, 39.05 thenee 302 Degrees, 48 Minutes, 30 Seconds W, 401.23 thence 8°07 degrees, 05 Minutes, «7 Seconds My 46.67 thence B11 degrees, 46 Minutes, 39 Seconds W, 2,258.98 feet: thence 8 a, Construct, preserve, patrol, operate, maintain, vepate, Tehabilitate, and replace a public beach, done system, and other Srosion control and stor damage reduction measures together with Sppustenancea thereto, including the right to deposit sand, to ictcoplish sy alterations of the contours on said Landy to Egnavfuct berms and” dunes, and” to nourish and re-nourieh periodicatiy: b, Move, temporarily store and remove equipment and supplies: 4, Pertorm any other work necessary and incident to the Conettuction, periodic” renaurishment, and maintenance of the Manasquan inlet to Barnegat Inlet Storm Damage Reduction Project, Cogether with the right of public use and access? £. Eset, maintain, and renove silt screens and snow fences: 4. Facilitate preservation of dune and vegetation through the Ifpitation of public access to dune areas; h. Trim, cut, f611, and ronove fron sald land all trees, underbrush, debris, sbstructions, and sny other vegetation, structures, ond Sbetackes within the Limite of the easements Assigns the fight to, construct, a, private dune overwaik structure in Setordance sith any applicable Federal, Stete, oF Local laws of regulation provided that such stvuetuce shall fot violate the integrity of the dune in Tor such structures aust be obtained fron the Borough of Bay Nead and the State of New Jersey. Such structures ate to be considered subordinate to the by comtrorrion, opstutivn, maantenance, copaiz, rehabiiitation, and ceplacensnt SF "thepeoitet. the wasement. reserves to the Graittor, the Grantor's heirs, Succeseors, and azsigne al} such Fights and privileges as may be used and Enjoyed without interforing with ae abridging the eights and eaconunts heceby Conveyed to the Grantess, subject novever to oxisting casenents (or utilities Snd pipelines, existing. public highways, existing poved public roads ond Stisting public stress. Grantor hereby exprovely agrees ‘not to grade or Eheavace within the ealenent acea or to place therein any structure or fateris) other then “a dune walkover ag eferenced above” without prior Upproval of the plans and apecLtications for said activities from the Borough DP hay Head, the State of Ne Jersey and/or any applicable Federal agency, as fequited. The emisting rock revetment 12 unaffected by this easement aration of Bamenent: The easenent granted hereby shall be in perpetuity, acd jin the event that the Boroogh of Gay Head or the State of New Jersey shall become merged with any other geo-political entity or entities, the easenent, Qranted heceby shall tun in favor of sorviving entities, The covenants, Erne, conditions and restrictions of this Deed of Easement shall be binding Upon, and. tiure to the beaefit of the parties hereto and their respective personel representatives, heits, successors and assigns and shail continue as B'gervitude running in perpetuity with the Lend. Release of Easement: If construction of the Project nas not begun on seid Property by Septenber 30, 2025, then the Grantees, upon written request of the Grantes, shalt release this easement of record at the Grantee's scle cost Gnd apense, consistent with all applicable laws in effect at the time the Telease is requested. Beach Maintenance: ‘The Grantes agrees, consistent with all Federal, state and Toca! stetotes and regulations, that st ail tines ic. shall use its best, good-faith efforts, te eauge the beach ares abutting Grantor's lands to be Beintoined, consistent with any applicable Federal, state oF local laws oF Fagulations, ‘motwiehstanding any action or inaction of the State of Mew Sebeoy, Department of Bhvironmental Protection or the United States Army Corps of Enginenrs to maintain the beach area character of Pioperty: Notwithstanding the foregoing, nothing herein ss Shtended of shail be Geoned to change the overall character of the Property at private property: nothing herein snail Se deened to grant to the Grantee Gr Stherwies peeaie the rantes or any other person to cross over or use any pert of the Property wnich te not wiehin the Easonont Area; nothing herein 1s Entended or shell Be Geened to alter the boundary lines or setback Lines of Miscellanaous 1, ‘the enforcenent of the terns of this Easement shall be at the discretion Of the Grantecs and ony forbearance by Grantee to exercise their rights under this Easement. in the event of any violation by Grantor shall not be deemed or Construcd "to bo a vasver by Grantee of such term or of sty subsequent Giolation or of any at Grantee's rights under this Sasenont. No Welay oF Gnission by rantec in the exersize ef any Tight of xewedy upon any violation Dy crastne shall Inpats such Fights or remedies Or be construed as a waiver OF such rights or remedies: 2, The interpretation and performance of this Deed of Easenent shall be Governed by the Lave of the State of New Jersey. 3. If any provision of this Osed of Eazenent oF the application thereof to Gay person oF ciccunstance 18 found Co be invalid, ‘the ressinder of the proviaions of this Basement or the application of such provision to persons Se tireunatances other thant those ro which it is found to be invalid, = the Case ney be, small not be affactod thereby 4. any notice, demand, requast, consent, approval or communication undor this ‘Woee “ce Cascnent shalt be sent by regular first class mail, ‘postage [Regaid and by Certified Mail, Retuen Receipt Requested, addressed to tho Eiiling addeesses set forth above or any” other address of which the Telocacing party sball notify the other, In mriting fb. the captions in thia Deed of Basement have beon inserted solely for SSnvanience of Feferonce and are not a pact of this instrument and shall have fo affect upon its construction of interpretation. eo ceveamant wiih net oa altered by thie escent, ‘The project will be Constructed and maintained over the roverment 7. Geastor eepresents and wacrants he/ane/it holds the requisite ounership Inverest_and authority to execute this Deed of Eavenent; and has gade this Deed of Basement for the full and actuel consideration aa sat forth herein 8. This Deed may be executed in counterparts by the respective Parties, which toguther will ‘constitute the original Deed. IN WIMEESS HMEREOF, with the parties understanding and agreeing to the above, they do hereby place their signatures on the date at the top of the first pane: Accepted by the witnessed bys Property Ouner, GRANTOR lo GERRY -FOREIC-OF THE bate County of ss. T CeRTIEY that on zou, personally cane before me and this person acknowledged under oath, ,to my 1) 4e named in ane personally signed tnie Deed of Eesenent; and 2) signed, sealed ond delivered this Deed of Easenent as his or her act and STATE OF NEW JERSEY Aceopted by the witnessed by: SPATE OF NEW JARSEY, GRANTER Davia Roseablate NOTARY PUBLIC OF TE Director STATE OF NEW JERSEY Office of Flood Hazard Risk Reduction Measures “ EXHIBIT C Prepared by DEED OF DEDICATION AND PERPETUAL STORM DAMAGE REDUCTION EASEMENT ‘THIS DEED OF DEDICATION AND PERPETUAL STORM DAMAGE REDUCTION EASEMENT is made this __ day of 2015 BY AND BETWEEN whose address is referred to herein as Grantor, AND ‘THE MUNICIPALITY OF the Borough of Bay Head, a Municipal Corporation of the state of New Jersey whose post office address is PO Box 248, Bay Head, NI 08742, AND THE STATE OF NEW JERSEY referred to herein collectively as the Grantees, WIITNESSETH WHEREAS, Grantor is the owner of that certain tract of land, located in the Borough of Bay Head, County of Ocean, State of New Jersey, and identified as Block ) Lot ____, on the official tax map of the Borough of Bay Head, hereinafter the “Property,” and Grantor holds the requisite interest to grant this Deed of Basement; and WHEREAS, the Grantees recognize that the beach at the Borough of Bay Head, New Jersey is subject to constant erosion and degradation, thereby destroying a valuable natural resource and threatening the safety and property of the Grantor and of all of the citizens of the state; and, WHEREAS, the Grantees desire to participate with each other and the United states Army Corps of Engineers to construct the Manasquan Inlet to Barnegat Inlet Storm Damage Reduction Project, as defined in the December 30, 2003 Chiefs Report issued by the Department of the Army between the Department of the Army and the State of New Jersey, hereinafter the “project”; and, WHEREAS, construction of the Project includes periodic renourishment, which may be performed solely by the Grantees or in conjunction with the United States Army Corps of Engineers; and, WHEREAS, in order to accomplish part of the Project, Grantees need a Perpetual Storm Damage Reduction Easement on portions of said Property herein described; and, WHEREAS, the United states Army Corps of fEngineers will not participate in the Project unless the Grantees acquire the real property interest herein described in all real property needed for the Project; and, WHEREAS, the Borough of Bay Head shall consider this Deed of Easement in establishing the full assessed value of any lands subject to such restrictions; and, WHEREAS, the Grantor desires to cooperate in allowing the Project to take place on a portion of said Property; and, WHEREAS, the Grantor acknowledges that it will benefit from the successful implementation of the Project; and, WHEREAS, the Grantor acknowledges that after successful implementation of the Project the beach and dune are still subject to the forces of nature which can result in both erosion and accretion of the beach and dune; Now, THEREFORE, in consideration for the benefits to be received by the ‘Grantor from the successful implementation of the Project, the Grantor grants and conveys to Grantee an irrevocable, assignable, perpetual and permanent easement as set forth herein: GRANT OF EASEMENT; A perpetual and assignable easement and right-of way for the Manasquan Inlet to Barnegat Inlet Storm Damage Reduction Project in, on, over and across that land of the Property described in the metes and bounds description and the map annexed hereto (the “Easement Area") for the blocks and lots listed above for use by the State of New Jersey and the Borough of Bay Head, their representatives, agents, contractors and assigns to a. Construct, preserve, patrol, operate, maintain, repair, rehabilitate, and replace a public beach, dune system, and other erosion control and storm damage reduction measures together with appurtenances thereto, including the right to deposit sand, to accomplish any alterations of the contours on said land, to construct berms and dunes, and to nourish and re-nourish periodically; b. Move, temporarily store and remove equipment and supplies ©. Erect and remove temporary structures; a. Perform any other work necessary and incident to the construction, periodic renourishment, and maintenance of the Manasquan Inlet to Barnegat Inlet Storm Damage Reduction Project together with the right of public use and access; ©. Post signs, plant vegetation on said dunes and berms; £. Brect, maintain, and remove silt screens and snow fences; g. ac prohibition of public access ilitate preservation of dune and vegetation through the © dune areas h. Trim, cut, fell, and remove from said land all trees, underbrush, debris, obstructions, and any other vegetation, structures, and obstacles within the limits of the easement; ‘The easement reserves to the Grantor, the Grantor's heirs, successors and assigns the right to construct a private dune overwalk structure in accordance with any applicable Federal, State, or local laws or regulations, provided that such structure shall not violate the integrity of the dune in shape, dimension, or function. Prior approval of the plans and specifications for such structures must be obtained from the Borough of Bay Head and the State of New Jersey. Such structures are to be considered subordinate to the construction, operation, maintenance, —_ repair, rehabilitation, and replacement of thé project. The easement reserves to the Grantor, the Grantor's heirs, successors, and assigns all such rights and privileges as may be used and enjoyed without interfering with or abridging the rights and easements hereby conveyed to the Grantees, subject however to existing easements for utilities and pipelines, existing public highways, existing paved public roads and existing public streets. Grantor hereby expressly agrees not to grade or excavate within the easement area or to place therein any structure or material other than a dune walkover as referenced above without prior approval of the plans and specifications for said activities from the Borough of Bay Head, the State of New Jersey and/or any applicable Federal agency, as required. The Grantor will retain ownership rights in the rock revetment as the existing rock revetment is unaffected by this easement. Duration of Easement: The easement granted hereby shall be in perpetuity, and in the event that the Borough of Bay Head or the State of New Jersey shall become merged with any other geo-political entity or entities, the easement granted hereby shall run in favor of surviving entities. The covenants, terms, conditions and restrictions of this Deed of Easement shail be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors and assigns and shall continue as a servitude running in perpetuity with the land Municipality to Maintain Beach: The Municipality agrees, consistent with all Federal, State and local statutes and regulations, that at all times it shall use its best, good-faith efforts to cause the beach area abutting Grantor's lands to be maintained, consistent with any applicable Federal State or local laws or regulations, notwithstanding any action or inaction of the State of New Jersey, Department of Environmental Protection or the united States Army Corps of Engineers to maintain the beach area Character of Property: Notwithstanding the foregoing, nothing herein is intended or shall be deemed to change the overall character of the Property as private property; nothing herein shall be deemed to grant to the Grantee or otherwise permit the Grantee or any other person to cross over or use any part of the Property which is not within the Basement Area; nothing herein is intended or shall be deemed to alter the boundary lines or setback lines of the Property By the acceptance of this Deed of Basement, the Municipality agrees, to the extent allowed by applicable law, that the Lands burdened by the easement herein described shall not be excluded from the calculation of minimum square footage requirements when construing applications under the Zoning Ordinance of the Municipality. Miscellaneous: 1. ‘The enforcement of the terms of this Easement shall be at the discretion of the Grantees and any forbearance by Grantees to exercise their rights under this Easement in the event of any violation by Grantor shall not be deemed or construed to be a waiver by Grantees of such term or of any Subsequent violation or of any of Grantee's rights under this Easement. No delay or omission by Grantees in the exercise of any right or remedy upon any violation by Grantor shall impair such rights or remedies or be construed as a waiver of such rights or remedies 2. The interpretation and performance of this Deed of Basement shall be governed by the laws of the State of New Jersey 3. Tf any provision of this Deed of Basement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Fasement or the application of such provision to persons or circumstances other than those to which it is found to be invalid, as the case may be, shall not be affected thereby 4. Any notice, demand, request, consent, approval or communication under this Deed of Easement shall be sent by regular first class mail, postage prepaid and by Certified Mail, Return Receipt Requested, addressed to the mailing addresses set forth above or any other address of which the relocating party shall notify the other, in writing, 5. The captions in this Deed of Easement have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon its construction or interpretation. 6. Grantor may undertake action necessary to provide additional temporary protection to the Grantor's upland property by the addition of sand on and seaward of the Revetment, provided a. Erosion or some other natural event has occurred impacting the size, shape, or integrity of the dune and/or berm constructed on Grantor's property as a part of the Project causing a threat of damage to Grantor's upland property from storms; and b.A CAFRA permit and any other necessary municipal and state permit is obtained by the Grantor for the work prior to the commencement of such work; and ©. The dune and berm contours of the Project are restored to their pre-event condition, as defined by most recent annual project survey prior to the event, within sixty (60) days of the NJDEP authorization to proceed, at Grantor's sole cost and expense; and G. Grantor may not borrow, take or remove sand from the Project area which includes the easement area and all land seaward of the easement area within the Project footprint 7. Grantor represents and warrants he/she/it holds the requisite ownership interest and authority to execute this Deed of Easement; and has made this Deed of Easement for the full and actual consideration as set forth herein. 8. This Deed may be executed in counterparts by the respective Parties, which together will constitute the original Deed IN WITNESS WHEREOF, with the parties understanding and agreeing to the above, they do hereby place their signatures on the date at the top of the first page. Accepted by the Property Owner, GRANTOR GRANTOR pate STATE OF NEW JERSEY, county of ss CERTIFY that on 2015, personally came before me and this Witnessed by: NOTARY PUBLIC OF THE STATE OF NEW JERSEY person acknowledged under oath, to my satisfaction that this person (or if more than one, each person); 1).ie named in and personally signed this Deed of Easement 2) signed, deed. NOTARY PUBLIC OF THE STATE OF NEW JERSEY Accepted by the Borough of Bay Head, GRANTEE By: William W. Curtis, Mayor Date _ Accepted by the State of New Jersey, GRANTEE By; (wame of Official) Date and sealed and delivered this Deed of Easement as his or her act and Witnessed by NOTARY PUBLIC OF THE STATE OF NEW JERSEY Witnessed by: NOTARY PUBLIC OF THE STATE OF NEW JERSEY EXHIBIT D Prepared by: DEED OF DEDICATION AND PERPETUAL STORM DAMAGE REDUCTION EASEMENT ‘THIS DEED OF DEDICATION AND PERPETUAL STORM DAMAGE REDUCTION EASEMENT is made this day of 2015 BY AND BETWEEN whose address is referred to herein as Grantor, AND ‘ME MUNICIPALITY OF the Borough of Bay Head, a Municipal Corporation of the State of New Jersey whose post office address is PO Box 248, Bay Head, NJ 08742, AND THE STATE OF NEW JERSEY referred to herein collectively as the Grantees, WITNESSETH WHEREAS, Grantor is the owner of that certain tract of land, located in the Borough of Bay Head, County of Ocean, State of New Jersey, and identified as Block ot “, on the official tax map of the Borough of Bay Head, hereinafter the “Property,” and Grantor holds the requisite interest to grant this Deed of Easement; and WHEREAS, the Grantee recognizes that the beach at the Borough of Bay Head, New Jersey is subject to constant erosion and degradation, thereby destroying a valuable natural resource and threatening the safety and property of the Grantor and of all of the citizens of the State; and, WHEREAS, the Grantee desires to participate with the United States Army Corps of Engineers to construct the Manasquan Inlet to Barnegat Inlet storm Damage Reduction Project, as defined in the December 30, 2003 Chiefs Report issued by the Department of the Army between the Department of the Army and the State of New Jersey, hereinafter the “Project”; and, WHEREAS, construction of the Project includes periodic renourishment, which may be performed solely by the Grantees or in conjunction with the United States Army Corps of Engineers; and, WHEREAS, in order to accomplish part of the Project, Grantee needs a Perpetual Storm Damage Reduction Easement on portions of said Property herein described; and WHEREAS, the United states army Corps of Engineers will not participate in the Project unless the Grantee acquires the real property interest herein described in all real property needed for the Project; and, WHEREAS, the Borough of Bay Head shall consider this Deed of Easement in establishing the full assessed value of any lands subject to such restrictions; and, WHEREAS, the Grantor desires to cooperate in allowing the Project to take place on a portion of said Property; and, WHEREAS, the Grantor acknowledges that it will benefit from the successful implementation of the Project; and, WHEREAS, the Grantor acknowledges that after successful implementation of the Project the beach and dune are still subject to the forces of nature which can result in both erosion and accretion of the beach and dune; NOW, THEREFORE, in consideration for the benefits to be received by the Grantor from the successful implementation of the Project, the Grantor grants and conveys to Grantee an irrevocable, assignable, perpetual and permanent easement as set forth herein: GRANT OF EASEMENT: A perpetual and assignable easement and right-of way for the Manasquan Inlet to Barnegat Inlet Storm Damage Reduction Project in, on, over and across that land of the Property described in the metes and bounds description and the map annexed hereto (the "Sasement Area”) for the blocks and lots listed above for use by the State of New Jersey and the Borough of Bay Head, their representatives, agents, contractors and assigns to a. Construct, preserve, patrol, operate, maintain, repair, rehabilitate, and replace a beach, dune system, and other erosion control and storm damage reduction measures together with appurtenances thereto, including the right to deposit sand, to accomplish any alterations of the contours on said land, to construct berms and dunes, and to nourish and re-nourish periodically; b. Move, temporarily store and remove equipment and supplies; c, Erect and remove temporary structures 4. Perform any other work aecessary and incident to the construction, periodic renourishment, and maintenance of the Manasquan Inlet to Barnegat Inlet storm Damage Reduction Project together with the right of public use and access; ©. Post signs, plant vegetation on said dunes and berms; £, Erect, maintain, and remove silt screens and snow fences; g. Facilitate preservation of dune and vegetation through the prohibition of public access to dune areas; nh, Trim, cut, £ell, and remove from said land all trees, underbrush, debris, obstructions, and any other vegetation, structures, and obstacles within the limits of the easement; ‘The easement reserves to the Grantor, the Grantor’s heirs, successors and assigne the right to construct a private dune overwalk structure in accordance with any applicable Federal, State, or local laws or regulations, provided that such structure shall not violate the integrity of the dune in shape, dimension, or function. Prior approval of the plans and specifications for such structures must be obtained from the Borough of Bay Head and the State of New Jersey. Such structures are to be considered subordinate to the construction, operation, maintenance, repair, rehabilitation, and replacement of the project. The easement reserves to the Grantor, the Grantor's heirs, successors, and assigns all such rights and privileges as may be used and enjoyed without interfering with or abridging the rights and easements hereby conveyed to the Grantees, subject however to existing easements for utilities and pipelines, existing public highways, existing paved public roads and existing public streets. Grantor hereby expressly agrees not to grade or excavate within the easement area or to place therein any structure or material other than a dune walkover as referenced above without prior approval of the plans and specifications for said activities from the Borough of Bay Head, the State of New Jersey and/or any applicable Federal agency, as required. The Grantor will retain ownership rights in the rock revetment as the existing rock revetment is unaffected by this easement Duration of Easement: The easement granted hereby shall be in perpetuity, and in the event that the Borough of Bay Head or the State of New Jersey shall become merged with any other geo-political entity or entities, the easement granted hereby shall run in favor of surviving entities. The covenants, terms, conditions and restrictions of this Deed of Easement shall be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors and assigns and shall continue as a servitude running in perpetuity with the land State to Maintain Beach: The State agrees, consistent with all Federal, State and local statutes and regulations, that at all times it shall use its best, good-faith efforts to cause the beach area abutting Grantors lands to be maintained, consistent with any applicable Federal, State or local laws or regulations, notwithstanding any action or inaction of the Borough of Bay Head or the United States Army Corps of Engineers to maintain the beach Character of Property: Notwithstanding the foregoing, nothing herein is intended or shall be deemed to change the overall character of the Property as private property; nothing herein shall be deemed to grant to the Grantee or otherwise permit the Grantee or any other person to cross over or use any part of the Property which is not within the Rasement Area; nothing herein is intended or shall be deemed to alter the boundary lines or setback lines of the Property By the acceptance of this Deed of Easement, the Municipality agrees, to the extent allowed by applicable law, that the Lands burdened by the easement herein described shall not be excluded from the calculation of minimum square footage requirements when construing applications under the Zoning Ordinance of the Municipality Miecellaneou: 1. The enforcement of the terms of this Easement shall be at the discretion of the Grantees and any forbearance by Grantees to exercise their rights under this Easement in the event of any violation by Grantor shall not be deemed or construed to be a waiver by Grantees of such term or of any subsequent violation or of any of Grantee's rights under this Basement. No delay or omission by Grantees in the exercise of any right or remedy upon any violation by Grantor shall impair such rights or remedies or be construed as a waiver of such rights or remedies 2. The interpretation and performance of this Deed of Basement shall be governed by the laws of the State of New Jersey 3. If any provision of this Deed of Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement or the application of such provision to persons or circumstances other than those to which it is found to be invalid, as the case may be, shall not be affected thereby 4, Any notice, demand, request, consent, approval or communication under thie Deed of Easement shall be sent by regular first class mail, postage prepaid and by Certified Mail, Return Receipt Requested, addressed to the mailing addresses get forth above or any other address of which the relocating party shall notify the other, in writing 5. The captions in this Deed of Easement have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon its construction or interpretation. 6. Structures not part of the Project or permitted under this Deed are not authorized. 7. Grantor may undertake action necessary to provide additional temporary protection to the Grantor's upland property by the addition of sand on and seaward of the Revetment, provided: a. Erosion or some other natural event has occurred impacting the size, shape, or integrity of the dune and/or berm constructed on Grantor's property as a part of the Project causing a threat of damage to Grantor's upland property from storms; and b. A CAFRA permit and any other necessary municipal and state permit ie obtained by the Grantor for the work prior to the commencement of such work; and ©. The dune and berm contours of the Project are restored to their pre-event condition, as defined by most recent annual project survey prior to the event, within sixty (60) days of the NJDEP authorization to proceed, at Grantor’s sole cost and expense; and d. Grantor may not borrow, take or remove sand from the Project area which includes the easement area and all land seaward of the easement area within the Project footprint. @. Consistent with New Jersey law, during the summer season if and when lifeguard and other beach amenity services (e.g., beach maintenance, trash xemoval) are provided by the Grantor, its agents or assigns, to the public, Grantor, its agents or assigns may charge fees for daily and seasonal beach badges and/or passes, provided Grantor, its agents or assigns allows audit of its records, and access and use of the beach, in accordance N.J.A. 7:78-8.11{t), (ud, (v), (w) and (y) in effect as of the date hereof and whether or not subsequently repealed or modified. at all other times, the beach shall be open to the public for use without charge, subject to reasonable rules and regulations as to hours and manner of use 9. Grantor represents and warrants he/she/it holds the requisite ownership interest and authority to execute this Deed of Hasement; and has made this Deed of Easement for the full and actual consideration as set forth herein, 10. This Deed may be executed in counterparts by the respective Parties, which together will constitute the original Deed. IN WITNESS WHEREOF, with the parties understanding and agreeing to the above, they do hereby place their signatures on the date at the top of the first page Accepted by the Witnessed by: Property Owner, GRANTOR GRANTOR NOTARY PUBLIC OF THE STATE OF NEW JERSEY pate STATE OF NEW SERSEY, . county of SS CERTIFY that on 2015, personally came before me and this person acknowledged under oath, to my satisfaction that this person (or if more than one, each person) ; 1) igs named in and personally signed this Deed of Basement; and 2) signed, sealed and delivered this Deed of Easement as his or her act and deed. NOTARY PUBLIC OF THE STATE OF NEW JERSEY Accepted by the Witnessed by, Borough of Bay Head, GRANTEE BY; william W. Curtis, Mayor NOTARY PUBLIC OF THE STATE OF NEW JERSEY Date Accepted by the State of New Jersey, GRANTES, ay. (ane of Official) bate Witnessed by: NOTARY PUBLIC OF THE STATE OF NEW JERSEY

Rate