Perpetual Beach Easement: A Perpetual Beach Easement (“Easement”) grants a legal right to use a limited and clearly defined part of a privately owned property to build this Project. The Easement is termed ‘perpetual’ because as long as the Project remains authorized by Congress and functional, the Non-Federal Sponsors must maintain the ability to access the Project area to perform inspections and maintenance in order to ensure the continued benefit from the Project (see below for other key provisions of the Perpetual Beach Easement). Property owners with mortgages will be required to work with their banks to subordinate their loans to the Easement. There are two types of Perpetual Beach Easements: 1) where the easement area is free of all structures and 2) where the easement area contains a pre-existing structure(s) (such as walkways) which is permitted to remain, be maintained, repaired and restored subject to applicable Federal, State and local laws.
Note about mortgages: A Subordination of Mortgage will be required for all Easement properties which have an existing mortgage. The property owner’s lender will be required to sign a simple agreement, provided by the Town Attorney’s Office, allowing the mortgage to be subordinate to the Easement. This is necessary to ensure that the Easement will stay in effect in the event of foreclosure. When contract terms are met and title has been cleared, a deed or easement will be recorded at the Office of the County Clerk, and the landowner(s) will be paid the just compensation due.
Waiver: The execution of all required Perpetual Beach Easements will be critical to allow this Project to proceed expeditiously. Federal Regulations provide that every property owner has the right to an appraisal for possible compensation in exchange for the granting of the Perpetual Beach Easement. The Waiver document offers the owner an opportunity to waive the right for an appraisal and to donate the Easement to the Town.