PBSD MSTBU Agenda 06/05/2013MII( 31W3
PELICAN BAY SERVICES DIVISION
MUNICIPAL SERVICES TAXING & BENEFIT U
NOTICE OF PUBLIC MEETING JUNE 5, 2013
THE PELICAN BAY SERVICES DIVISION BOARD WILL MEET IN REGULAR SESSION
WEDNESDAY, JUNE 5 AT 1:00 PM AT THE COMMUNITY CENTER AT PELICAN BAY, 8960
HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108.
AGENDA
1. Pledge of Allegiance
2. Roll call
3. Agenda approval
4. Approval of meeting minutes
a. May 1 Regular Session
b. May 8 Board and Foundation Joint Session to discuss beach renourishment
5. Administrator's report
a. Landscaping schematic drawings presentation by Ellin Goetz (Susan O'Brien)
b. * Proposed Ordinance amendment incorporating beach renourishment as a purpose of the Pelican Bay
Services Division Municipal Service Taxing and Benefit Unit
c. Crosswalks (Kyle Lukasz)
i. Pelican Bay Boulevard crosswalks at Crayton and at North Pointe, Gulf Park Drive crosswalks at
Greentree and at Ridgewood, and removal of cobblestones at Beachwalk (San Marino) crossing
projects update
ii. *Recommendation to update signage and striping to current MUTCD standard at Myra Janco Daniels
crossing and submit required right -of -way permitting at the same time as crosswalk projects listed in
5ci above (Kyle Lukasz)
d. Monthly financial report
6. Chairman's report
a. Rescheduling July 3 meeting and summer schedule recap
b. Publishing members telephone numbers on website discussion
c. Announcements
7. Committee reports
a. Clam Bay (Susan O'Brien)
i. Management plan
ii. Clam Pass Park beach renourishment
iii. Floating dock in Outer Clam Bay
iv. Proposal for Monitoring Clam Pass
V. Proposal for developing a Nationwide permit application
b. Landscape & Water Management
i. *Recommendation that PBSD board approve $15,000 for installation of floating islands in Lake 5 -3,
contingent on approval by Avalon board
ii. *Recommendation that PBSD board approve mass mailing of "Water Pollution in Pelican Bay" brochure
iii. Recommendation that staff identifies lakes where bacteria treatment alone and littoral plantings alone can
be applied (Kyle Lukasz)
iv. *Recommendation that PBSD board approve $4,000 for Turrell, Hall sampling and copper measurements
in sediments to be taken from 12 lakes (two in each basin)
V. Recommendation that staff arrange for measurements of sediment depths to be made in the 12 lakes
indicated above
Vi. *Committee recommends that PBSD board approve immediate cessation of copper usage in Basins 5
and 6, replaced by non - copper algaecide treatment, and, pending successful results in Basins 5 and 6,
replacement of copper with non - copper algaecide in all other basins by September 1.
vii. Report on cost impact of using Hydrothol / endothall to replace copper sulfate for algae treatment in all
lakes (Kyle Lukasz)
8. Old business
a. Update on procuring and placing portable speed tracking device on Pelican Bay Boulevard
9. New business
a. Raccoons (Susan O'Brien)
10. Audience comments
11. Miscellaneous correspondence
12. Adjourn * asterisk indicates possible Board action item
ANY PERSON WISHING TO SPEAK ON AN AGENDA ITEM WILL RECEIVE UP TO THREE (3) MINUTES PER ITEM TO ADDRESS THE BOARD. THE
BOARD WILL SOLICIT PUBLIC COMMENTS ON SUBJECTS NOT ON THIS AGENDA AND ANY PERSON WISHING TO SPEAK WILL RECEIVE UP TO
THREE (3) MINUTES. THE BOARD ENCOURAGES YOU TO SUBMIT YOUR COMMENTS IN WRITING IN ADVANCE OF THE MEETING. ANY PERSON
WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE
MAY NEED TO ENSURE THAT A VERBATIM RECORD IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS
TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS AN ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING YOU
ARE ENTITLED TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE PELICAN BAY SERVICES DIVISION AT (239) 597 -1749 OR VISIT
PELICANBAYSERVICESDIVISION. N ET.
5/28/2013 11:46:43 PM
PELICAN BAY SERVICES DIVISION BOARD REGULAR SESSION MINUTES
WEDNESDAY, MAY 1, 2013
LET IT BE REMEMBERED that the Pelican Bay Services Division Board met in Regular Session on Wednesday, May 1,
2013 at 1:00 PM at the Community Center at Pelican Bay, 8960 Hammock Oak Drive, Naples, Florida. The following
members were present:
Pelican Bay Services Division Board
Tom Cravens, Chairman
Dave Trecker, Vice Chairman
Joe Chicurel
John Domenie
John laizzo
Pelican Bay Services Division Staff
W. Neil Dorrill, Administrator
Kyle Lukasz, Operations Manager
Michael Levy
Susan O'Brien
Scott Streckenbein
Hunter Hansen absent
Mary McCaughtry Operations Analyst
Lisa Resnick, Recording Secretary
Also Present
Kevin Carter, Field Manager, Dorrill Management Group
Mohamed Dabees Ph.D., P.E., Humiston & Moore Engineers
Tim Hall, Senior Ecologist & Principal Turrell, Hall & Associates, Inc.
Jim Hoppensteadt, President & Chief Operating Officer, Pelican Bay Foundation
1.
2.
3.
4.
S.
Q
REVISED AGENDA (FINAL)
ii. Usage of copper sulfate over past year, prey
iii. Discussion of presence of copper sulfate in
8. Old business
Ed
Pelican Bay Services Division Board Regular Session Minutes
Wednesday, May 1, 2013
a. Board's position and legal authority regarding beach renourishment
b. Update on procuring and placing portable speed tracking device on Pelican Bay
Boulevard
c. Status of Osprey nesting platform (Tom Cravens /Tim Hall)
9. New business
a. Establish summer meeting schedule (Susan O'Brien)
b. Establish procedure for distributing BCC executive summaries (Susan O'Brien)
c. Discussion regarding Sheriffs dedicated traffic enforcement services
10. Miscellaneous correspondence
a. Summary of landscape improvements (Susan O'Brien)
11. Adjourn
ROLL CALL
With the exception of Mr. Hansen, all members were present.
AGENDA APPROVAL
Vice Chairman Trecker made a motion, second by Mr. Domenie to approve the agenda as
amended: move item 10 to 4f• and add items 4e and 7bi. The Board voted unanimously in favor
and the motion passed
APPROVAL OF MARCH 21 CLAM BAY SUBCOMMITTEE MEETING MINUTES
Ms. O'Brien made a motion, second by Mr. Domenie to approve the March 21 Clam Bay
Subcommittee meeting minutes as presented. The Board voted unanimously in favor and the
motion passed
APPROVAL OF APRIL 3 BOARD REGULAR SESSION MEETING MINUTES
Vice Chairman Trecker made a motion, second by Mr. Levy to approve the April 3 Regular
Session meeting minutes as presented. The Board voted unanimously in favor and the motion
passed
APPROVAL OF APRIL 16 BUDGET SUBCOMMITTEE MEETING MINUTES
Mr. Levy made a motion, second by Mr. Streckenbein to approve the April 16 Budget
Subcommittee meeting minutes as amended: Page 1142, strike "testing', replace with
"removal ". The Board voted unanimously in favor and the motion passed.
APPROVAL OF APRIL 17 LANDSCAPE WATER MANAGEMENT SUBCOMMITTEE MEETING MINUTES
Vice Chairman Trecker made a motion, second by Mr. Domenie to approve the
Landscape Water Management Subcommittee meeting minutes as presented. The Boar
unanimously in favor and the motion vassed.
BOARDS FOR THE PURPOSE OF DISCUSSING BEACH RENOURISHMENT
Enough members to reach a quorum were available to attend a rm W'f Services Division and
Foundation Boards on Wednesday, May 8 at 2 p.m., and the meeting was sched
»,¢;
AUDIENCE COMMENTS
None
f:1:1lyA
Pelican Bay Services Division Board Regular Session Minutes
Wednesday, May 1, 2013
ADMINISTRATOR'S REPORT
CLAM PASS UPDATE
Dr. Mohamed Dabees, Humiston & Moore Engineers reported that the inlet is open and stable, and monitoring of
the developing ebb shoal would continue. The project was certified as complete and the necessary documentation was
filed with the agencies to close out the permit.
Mr. Dorrill recommended starting the process for a new round of permitting, enhanced monitoring, and reporting
of Clam Pass (bathymetric and underwater land surveying) at 3 month, 6 month, and one -year intervals at an estimated
total cost of $72,610.
Ms. O'Brien requested the proposal be presented to the Clam Bay Subcommittee on May 14.
STATUS OF SOLICITING PROPOSALS FOR MANAGEMENT SERVICES IN 2014
Mr. Dorrill reported the status of the decision made at the last meeting to solicit proposals (RFP) for management
services in 2014, which was conveyed to County Purchasing and the process would resume next March.
MONTHLY FINANCIAL REPORT
Mr. Levy made a motion, second by Ms. O'Brien to enter the monthly financial report into the
record as presented The Board voted unanimously in favor and the motion passed
CHAIRMAN'S REPORT
DISCUSSION OF VERBATIM MINUTES
Chairman Cravens reported receiving two requests for the Board to adopt a verbatim minutes policy.
The Board agreed that such a policy was not necessary and no motion was made.
Mr. Dorrill assured that if a discussion needed clarification, a transcript could be produced.
DISCUSSION OF ORDINANCE 2013 -19, AMENDMENT TO SECTION EIGHT INVOLVING APPOINTMENT OF ONE
NON - VOTING MEMBER NOMINATED BY THE FOUNDATION
The five Foundation Board members present preferred to participate in the audience and opted out of nominating
a non - voting member to the Services Division Board.
REVIEW & APPROVAL OF PROPOSED FISCAL YEAR 2014 BUDGET
Mr. Streckenbein made a motion, second by Mr. Iaizzo to approve MIos cal Year
2014 budget as presented by Mr. Levy. The Board voted unanim ran motion
:.1:
Pelican Bay Services Division Board Regular Session Minutes
Wednesday, May 1, 2013
Ms. O'Brien made a motion, second by Mr. Levy to remove the $80,000 for the Oakmont
pathway restoration project from this budget forecast The Board voted unanimously in favor
and the motion passed
The Board directed staff to start a conversation with the Glenview relative to the Glenview pathway.
RECOMMENDATION THAT THE BOARD DISCUSS WATER MANAGEMENT AND EXOTIC CONTROL FUNCTIONS
AND HOW THEY RELATE TO AREAS THAT THE SERVICES DIVISION DOES NOT OWN
This item deferred for discussion at a future meeting.
CLAM BAY COMMITTEE REPORT
Chairman Cravens presented a photograph of a snake on the south berm that Mr. Hall identified as a red rat snake.
Ms. O'Brien announced upcoming Committee meetings: On May 14, Mr. Hall would provide a report about
stakeholders responses to the Clam Pass questionnaire; and Mr. Hall invited Clam Pass Stakeholders to participate at the
Committee meeting on May 23 to start shaping the management plan by prioritizing goals.
LANDSCAPE AND WATER MANAGEMENT COMMITTEE REPORT
Vice Chairman Trecker reported that the community awareness and pilot programs are in progress. Staff is taking
steps to obtain baseline copper data in five representative lakes, testing for depth and concentration of sediment, as well as
testing for nutrients and copper in the reclaimed water.
Vice Chairman Trecker made a motion, second by Chairman Cravens to approve the contract
and resultant cost for Tim to do the indicated sampling this month. The Board voted
unanimously in favor and the motion passed.
OLD BUSINESS
BOARD'S POSITION AND LEGAL AUTHORITY REGARDING BEACH RENOURISHMENT
The Board reviewed a map of the Pelican Bay beach prepared by the engineer showing ownership by plat.
Staff would obtain the County Attorney's opinion as to whether the Services Division is responsible for beach
renourishment.
Mr, laizzo made a motion, second by Mr. Domenie, to approve laizzo Motion to approve one
speed indicator and monitor at an initial cost not to exceed $5,000. The Board voted 8 -1 i
favor and the motion passed. Ms. O'Brien onnosed.
The speed indicator would be pole- mounted. Installation was conditional upon the
STATUS OF OSPREY NESTING PLATFORM
Mr. Hall reported the Federal and State agencies did not require a permit to i
because the location was not in wetlands and behind the dune line, but the County is
permit because the platform is a structure. If installation was on Foundation p
the existing permit and authorized administratively and the Foundation would
could start when the nesting Osprey -in- residence vacate.
Mr. Hoppensteadt agreed the Foundation would assume j
NEW BUSINESS
ESTABLISH SUMMER MEETING SCHEDULE
:.1•
platform
variance
n orm could convey to
the ant. New installation
ject, including funding.
r
r_:
Pelican Bay Services Division Board Regular Session Minutes
Wednesday, May 1, 2013
Due to lack of quorum, the Board decided to cancel the August 3 meeting.
ESTABLISH PROCEDURE FOR DISTRIBUTING BCC EXECUTIVE SUMMARIES
The Board directed staff to distribute BCC executive summaries relevant to the Services Division prior to the BCC
meeting.
DISCUSSION REGARDING SHERIFF'S DEDICATED TRAFFIC ENFORCEMENT SERVICES
Mr. Dorrill reported the Sheriff could provide dedicated traffic enforcement at a cost of $43 /hour, three -hour
minimum. The Board agreed to defer further discussion at a future meeting.
AUDIENCE COMMENTS
Ms. Mary Bolen was concerned about additional signage.
Mr. Bob Sanchez invited the Board to attend the Property Owners Association meeting on May 9 at 2 p.m.
Ms. Marcia Cravens was concerned about a County project regarding a floating dock in Outer Clam Bay.
MISCELLANEOUS
Ms. O'Brien requested that staff obtain additional information regarding the floating dock in Outer Clam Bay for
discussion on May 14 by the Clam Bay Committee. Ms. O'Brien also requested the landscaping schematics be available for
discussion at the next Board meeting.
Chairman Cravens recognized Ms. Mary Anne Womble's years of dedicated service on the Board.
Mr. Dorrill reported the office space lease ends in December and a new tenant plans to occupy the entire sixth
floor, therefore, staff is exploring alternatives.
Mr. Streckenbein complemented Dr. Trecker on his informative article regarding copper contamination.
ADJOURN
Chairman Cravens made a motion, second by Mr. Levy to adjourn. The Board voted
unanimously in favor, the motion passed, and meetikq adjourned at 3:55 PM.
Tom Cravens, Chairman
:. 1
Minutes by Lisa Resnick 5/16/2013
PELICAN BAY SERVICES DIVISION AND PELICAN BAY FOUNDATION BOARDS JOINT SESSION
WEDNESDAY, MAY 8, 2013
LET IT BE REMEMBERED that the Pelican Bay Services Division and Pelican Bay Foundation
Boards met in Joint Session on Wednesday, May 8, 2013 at 2:00 p.m. at the Community Center at
Pelican Bay, 8960 Hammock Oak Drive, Naples, Florida. The following members were present:
Pelican Bay Services Division Board
Tom Cravens, Chairman
Dave Trecker, Vice Chairman absent
Joe Chicurel
Frank C. Dickson absent
John Domenie
Pelican Bay Foundation Board
Robert Pendergrass, Chairman
Ronnie Bellone
John Chandler
Pelican Bay Services Division Staff
W. Neil Dorrill, Administrator
Kyle Lukasz, Operations Manager absent
John Iaizzo
Michael Levy
Susan O'Brien
Scott Streckenbein
Hunter Hansen absent
David Cook
Mary Johnson
Jerry Moffatt
Mary McCaughtry, Operations Analyst
Lisa Resnick, Recording Secretary
Pelican Bay Foundation Staff
Jim Hoppensteadt, President & Chief Operating Officer
Suzanne Minadeo, Executive Assistant
Also Present
Kevin Carter, Field Manager, Dorrill Management Group
James Claypoole, President's Council
Bill Klauber, President, Pelican Bay Property Owners Association
Eric Staats, Naples Daily News
18 in the audience
AGENDA
1. Pledge of Allegiance
2. Roll call
3. Discussion regarding beach renourishment
4. Audience Comments
5. Adjourn
ROLL CALL
Seven members of the Pelican Bay Services Division Board were present (
Domenie, Iaizzo, Levy, O'Brien, Streckenbein) and three members were absent (Dickson,
Six members of the Pelican Bay Foundation Board were present (Pender
Cook, Johnson, Moffatt).
DISCUSSION REGARDING BEACH RENOURISHMENT
Mr. Hoppensteadt explained the County did not include
renourishment permit request, but was included in the County's b
Foundation had engineers evaluate the Pelican Bay segment of
8611
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because the
ers offered two design
Pelican Bay Services Division and Pelican Bay Foundation Boards Joint Session
Wednesday, May 8, 2013
options: 1) baseline design standard that identified "hot spots" located at R -35 and R -36. However, there
were reports of erosion along Bay Colony and Clam Pass Park beaches as well; and 2) 2006 permitted
template volume that would use a recent survey to rebuild the 2006 design.
PELICAN BAY FOUNDATION BOARD MOTION #1
Mr. Chandler made a motion, second by Mr. Moffatt, that the Pelican Bay Foundation believes
that the beaches south of the Ritz and north of Clam Pass should be renourished as needed at
this time in conjunction with the County's beach renourishment effort The Board voted
unanimously in favor and the motion passed
PELICAN BAY SERVICES DIVISION BOARD MOTION #1
Mr. Streckenbein made a motion, second by Chairman Cravens that the Pelican Bay Services
Division Board believes that the beaches south of the Ritz and north of Clam Pass should be
renourished as needed at this time in conjunction with the County's beach renourishment effort
The Board voted unanimously in favor and the motion passed.
The main topic of concern was who should pay for beach renourishment. In 2006, TDC funds paid for
beach renourishment from south of the Ritz to north of the Contessa, and Pelican Bay Services Division paid
more than $1,000,000 for renourishment from the Contessa south to about 1,500 feet south of the Sandpiper
facility.
The Foundation Board supported the Services Division taking the lead and levy of an assessment to
pay for beach renourishment within the Pelican Bay Unit. Some argued if renourishment by the Services
Division was acceptable within the conservation area, then responsibility for renourishment outside of the
conservation area should be based on beach ownership.
Mr. Dorrill estimated payment of 32,000 cubic yards at $30 per cubic yard would increase the annual
assessment by $133 per unit.
PELICAN BAY SERVICES DIVISION BOARD MOTION #2
Dr. Chicurel made a motion, second by Chairman Cravens that the Services Division take
responsibility for beach renourishment from the point in which TDC funding ends south of the
Ritz to R -37, excluding the beach in front of the Foundation's property at R -35 and R -36. The
Board voted 6 -1 in favor and the motion passed. Ms. O'Brien opposed.
PELICAN BAY FOUNDATION BOARD MOTION #2
Mr. Cook made a motion, second by Mr. Moffatt that the Pelican Bay Foundation
renourish the beach in front of the Foundation's properties in front of R -35 and
voted unanimouslv in favor and the motion passed.
AUDIENCE COMMENTS
Ms. Marcia Cravens, Dr. Ted Raia, Mr. James Claypoole, Ms.
Kim Rosenberg supported Pelican Bay as a Unit being incl
and general cost - sharing plans discussed.
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to
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nourishment project
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Pelican Bay Services Division and Pelican Bay Foundation Boards Joint Session
Wednesday, May 8, 2013
PELICAN BAY FOUNDATION BOARD MOTION #3
Mr. Cook made a motion, second by Mr. Moffatt that the Pelican Bay Foundation supports the
leadership position of the Pelican Bay Services Division in the beach renourishment project to
protect the shorelines of our community. The Board voted unanimously in favor and the
motion passed.
ADJOURN
Mr. Domenie made a motion, second by Mr. Streckenbein, to adjourn. The Board voted
unanimously in favor, the motion passed, and meetinjq adjourned at 4:549 p.m.
Tom Cravens, Chairman
8613
Minutes by Lisa Resnick 5/17/2013 4:47:48 PM
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D— 5/24/2013
DWG. PB MEDIA 5 -24 -1J
REVISI— SHEET
LP -5
June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - County Attorney correspondence regarding PBSD and beach renourishment (Part One of Two)
Page 1 of 3
From: ResnickLisa
To: "Susan O "Brien"
Cc: "Neil Dorrill"
Subject: (Part #1 of #2) FW: On behalf of Mr. Neil Dorrill
Date: Tuesday, May 28, 2013 4:05:00 PM
Attachments: 20130508 ioint session PELICAN BAY BEACH OWNERSHIP.odf
Susan,
This is Part #1 of #2.
Below /attached is initial (May 6, 2013) and subsequent correspondence (through May 15, 2013) with
the County Attorney regarding beach renourishment in ascending date order.
Let me know if you have questions.
Thanks,
Lisa
- - - -- Original Message---- -
From: ResnickLisa
Sent: Wednesday, May 15, 2013 4:24 PM
To: KlatzkowJeff
Cc: 'Neil Dorrill'; ResnickLisa
Subject: On behalf of Mr. Neil Dorrill
Dear Mr. Klatzkow,
Last week, Mr. Dorrill asked for your preliminary opinion as to whether the Pelican Bay Services Division
was eligible to carry out the duties of beach renourishment based on The Code of Ordinances, Chapter
122 -1654, Purpose; powers, that mentions "...maintenance of conservation or preserve areas... ". You
responded that would not be the mechanism you would recommend.
In 2006, the Pelican Bay Services Division paid almost $1.1 million toward beach renourishment of
Pelican Bay beaches from The Contessa south to approximately 1,500 feet south of the Pelican Bay
Foundation's south beach facility (roughly from R -31 to R -37 minus the two parcels owned by the
Pelican Bay Foundation at their north and south beach facilities). TDC funds paid to renourish the beach
from The Contessa north to the Ritz Carlton (roughly R -30 to R -31). The attached map prepared by our
engineer shows Pelican Bay beaches ownership by parcel.
Please clarify:
1. Whether ownership affects responsibility for beach renourishment if the parcel is located within the
boundaries of the Pelican Bay Services Division (PBSD) Municipal Service Taxing & Benefit "Unit"
( MSTBU) i.e., Bay Colony).
2. Would amending the Code of Ordinances to define clearly that the "Unit" is responsible for beach
renourishment justify the carrying out and funding of this duty by levy of a non -ad valorem
assessment?
If the PBSD MSTBU Board desires beach renourishment as a defined responsibility of the MSTBU, what
actions do you recommend be taken?
Thank you for your assistance.
June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - County Attorney correspondence regarding PBSD and beach renourishment (Part One of Two)
Page 2 of 3
Lisa Resnick
Pelican Bay Services Division
801 Laurel Oak Drive, Suite 605
Naples, FL 34108
Tel. 239.597.1749
Fax 239.597.4502
Iresnick @colliergov.net
htt�// eliD canbayservicesdivision.net
- - - -- Original Message---- -
From: KlatzkowJeff
Sent: Monday, May 06, 2013 3:15 PM
To: ResnickLisa
Cc: Neil Dorrill
Subject: RE: On behalf of Mr. Neil Dorrill
That would not be the mechanism I would recommend.
Jeffrey A. Klatzkow
County Attorney
(239) 252 -2614
From: ResnickLisa
Sent: Monday, May 06, 2013 2:14 PM
To: KlatzkowJeff
Cc: Neil Dorrill
Subject: On behalf of Mr. Neil Dorrill
Dear Jeff,
Mr. Dorrill asked that I contact you to find out your preliminary position as to whether the Pelican Bay
Services Division is eligible to carry out the duties of beach renourishment.
The Code of Ordinances, Chapter 122 -1654, Purpose; powers, mentions "...maintenance of conservation
or preserve areas..." but is not specific to beach renourishment.
The Pelican Bay Services Division Board is meeting with the Pelican Bay Foundation Board this
Wednesday at 2 p.m. to discuss funding for beach renourishment, so if possible, please let us know
before then.
Thank you,
Lisa
Lisa Resnick
Pelican Bay Services Division
801 Laurel Oak Drive, Suite 605
Naples, FL 34108
Tel. 239.597.1749
Fax 239.597.4502
Iresnick @colliergov.net
httn:/ li anbayservicesdivision.net
June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - County Attorney correspondence regarding PBSD and beach renourishment (Part One of Two)
Page 3 of 3
O 0004. Collor Cauny Property Appraber. MI. pw CWW County Property Ap W, Is oornn b provi the mot ec mW end u Alte'11mme—, no wura 01 eaRe d or ftW are p,. id d
fur
W. d.0 here., ft ux, or le .lerpretatian.
3
June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - County Attorney Correspondence regarding PBSD /beach renourishment (Part Two of Two)
Page 1 of 4
ResnickLisa
Subject: 5b. County Attorney Correspondence regarding PBSD /beach renourishment (Part Deux)
- - - -- Original Message---- -
From: ResnickLisa
Sent: Tuesday, May 28, 2013 4:09 PM
To: 'Susan O'Brien'
Cc: 'Neil Dorrill'
Subject: ( #2 of #2) FW: PBSD /beach renourishment (Part Deux)
Susan,
This is Part #2 of #2 of more correspondence with the County Attorney regarding beach renourishment
(through May 21, 2013).
Next, on May 23 at 3 PM, there was a conference call between Neil, County Manager, County Attorney,
and Chief Budget Officer that resulted in the County Attorney's proposed ordinance change to add
beach renourishment as a duty of the Pelican Bay Services Division Municipal Service Taxing and
Benefit Unit.
Let me know if you have questions.
Thanks, Lisa
- - - -- Original Message---- -
From: OchsLeo
Sent: Tuesday, May 21, 2013 12:59 PM
To: KlatzkowJeff; ResnickLisa
Cc: Neil Dorrill
Subject: RE: PBSD /beach renourishment (Part Deux)
Neil,
Please call me to discuss.
- - - -- Original Message---- -
From: KlatzkowJeff
Sent: Friday, May 17, 2013 10:40 AM
To: ResnickLisa
Cc: Neil Dorrill; OchsLeo
Subject: RE: PBSD /beach renourishment (Part Deux)
Lisa: I have forwarded these questions to the County Manager and will get back with you shortly.
Jeffrey A. Klatzkow
County Attorney
(239) 252 -2614
- - - -- Original Message---- -
From: ResnickLisa
Sent: Thursday, May 16, 2013 2:19 PM
To: KlatzkowJeff
Cc: Neil Dorrill; ResnickLisa
Subject: PBSD /beach renourishment (Part Deux)
Jeff,
PBSD Board member Ms. Susan O'Brien's questions below are in addition to what I sent to you
yesterday on behalf of Mr. Dorrill re: PBSD and beach renourishment.
Our next full Board meeting is June 5 and if possible, we would like to have your preliminary
opinion before then.
Thank you,
Lisa
June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - County Attorney Correspondence regarding PBSD /beach renourishment (Part Two of Two) _
Page 2 of 4
- - - -- Original Message---- -
From: Neil Dorrill [mailto:Neil @dmgfl.com]
Sent: Thursday, May 16, 2013 2:10 PM
To: ResnickLisa
Subject: FW: county attorney's opinion
Pls fwd to Jeff and indicate we would like to have his preliminary assessment before the next full
Board mtg. Neil
- - - -- Original Message---- -
From: Susan O'Brien [mailto:naplessusan @comcast.net]
Sent: Tuesday, May 14, 2013 4:44 PM
To: Neil Dorrill
Subject: Re: county attorney's opinion
Thanks, Neil.
I think our request to Mr. Klatzkow should address at least the issues listed below:
1. Whether or not under the current ordinance the PBSD has the authority to collect taxes for the
purpose of renourishing the beach.
2. Per the map developed by Jim Carr, are the beaches, owned above MHW by Bay Colony, Contessa,
and the Strand, part of the conservation area.
3. Should the PBSD pay to renourish private beaches?
4. Should the PBSD pay to renourish the public beach that lies below MHW of a private beach?
Thanks very much for getting information about the floating dock that Parks and Recreation is
considering.
Thanks,
Susan
On May 14, 2013, at 12:23 PM, Neil Dorrill wrote:
> Susan: I just reread this and need to apologize. When I read this the first time I read it as
"would be the mechanism" . I'll report this error to the balance of the Board. Should have been
more careful as I was the one who felt that an ordinance amendment would be in order. I'1 ask
Lisa to share this with the balance of the Board. Again my apologies. Neil
>
• - - - -- Original Message - - - --
• From: Susan O'Brien [ mailto:naplessusan @comcast.net]
• Sent: Tuesday, May 14, 2013 10:26 AM
• To: Neil Dorrill
• Subject: Re: county attorney's opinion
>
> HI Neil,
> I believe you said at the joint meeting that Mr. Klatzkow was comfortable with our considering
beach renourishment within our conservation responsibilities which doesn't appear to be what he
said in this email. If I'm missing something, please let me know.
> I think other PBSD Board members should see Mr. Klatzkow's email response as soon as possible.
If you prefer that I send it as a one -way communication, I'd be happy to do so. I'm fine if you'd
prefer to distribute it. Please let me know.
> I think we should seek Mr. Klatzkow's thoughts on the action that the PBSD Board took on May 8
and we should share with him the engineer's map showing ownership of the beach above MHW and ask
him to weigh in on whether or not the property owned by Bay Colony, Contessa, and the Strand can be
considered part of the conservation area.
> Of course, I'm wishing that the Board had seen Mr. Klatzkow's email before the May 8 meeting, but
that didn't happen so we need to move forward to make sure the PBSD Board is acting within its
authority. I do not think the PBSD should move ahead without Mr. Klatzkow's green light.
• Thanks,
• Susan O'Brien
June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - County Attorney Correspondence regarding PBSD /beach renourishment (Part Two of Two)
Page 3 of 4
>
>> On May 14, 2013, at 8:10 AM, ResnickLisa wrote:
>> Susan, please see below. Thanks, Lisa
>> - - - -- Original Message - - - --
» From: KlatzkowJeff
>> Sent: Monday, May 06, 2013 3:15 PM
>> To: ResnickLisa
>> Cc: Neil Dorrill
>> Subject: RE: On behalf of Mr. Neil Dorrill
>> That would not be the mechanism I would recommend.
>> Jeffrey A. Klatzkow
>> County Attorney
>> (239) 252 -2614
>> From: ResnickLisa
>> Sent: Monday, May 06, 2013 2:14 PM
>> To: KlatzkowJeff
>> Cc: Neil Dorrill
>> Subject: On behalf of Mr. Neil Dorrill
>> Dear Jeff,
>> Mr. Dorrill asked that I contact you to find out your preliminary position as to whether the
Pelican Bay Services Division is eligible to carry out the duties of beach renourishment.
>> The Code of Ordinances, Chapter 122 -1654, Purpose; powers, mentions "...maintenance of
conservation or preserve areas..." but is not specific to beach renourishment.
>> The Pelican Bay Services Division Board is meeting with the Pelican Bay Foundation Board this
Wednesday at 2 p.m. to discuss funding for beach renourishment, so if possible, please let us know
before then.
>> Thank you,
>> Lisa
>> - - - -- Original Message - - - --
» From: Susan O'Brien [ mailto:naplessusan @comcast.net]
>> Sent: Monday, May 13, 2013 5:38 PM
>> To: ResnickLisa
>> Subject: Fwd: county attorney's opinion
>> Hi Lisa,
>> Here's the email Neil sent on Friday.
>> Susan
>> Begin forwarded message:
>> From: Neil Dorrill <Neil @dmgfl.com>
>> Date: May 10, 2013 3:52:23 PM EDT
>> To: Susan O'Brien <naplessusan @comcast.net>
>> Cc: "ResnickL (LisaResnick @colliergov.net)"
>> Subject: RE: county attorney's opinion
>> In the shortened time he did not offer a written opinion but simply
>> indicated that he was comfortable with the conservation language. By copy
>> of this reply I'll ask Lisa to provide you with his one sentence email.
>> Neil
June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report -County Attorney Correspondence regarding PBSD /beach renourishment (Part Two of Two)
Page 4 of 4
- - - -- Original Message---- -
From: Susan O'Brien [mailto:naplessusan @comcast.net]
Sent: Wednesday, May 08, 2013 5:24 PM
To: Neil Dorrill
Subject: county attorney's opinion
Hi Neil,
I'd like a copy of the County Attorney's legal opinion on PBSD and beach
renourishment.
Thanks very much.
Susan O'Brien
June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report -' Proposed Ordinance amendment incorporating beach renourishment as a purpose
of the Pelican Bay Services Division Municipal Service Taxing and Benefit Unit
Page 1 of 3
ResnickLisa
Subject: Pelican Bay Ordinance Amendment
Attachments: Pelican Bay Municipal Service Taxing and Benefit Unit.docx
From: Neil Dorrill rmailto:Neil(d)dmgfl.com]
Sent: Thursday, May 23, 2013 4:29 PM
To: Susan O'Brien (naplessusan6lcomcast.net)
Cc: ResnickLisa
Subject: FW: Pelican Bay Ordinance Amendment
This just received. Lisa please show as part of the agenda index to be reviewed with the Chairman tomorrow.
Tx Neil
From: Klatzkow]eff [ mai Ito: ]effKlatzkow @colliergov.net]
Sent: Thursday, May 23, 2013 4:07 PM
To: OchsLeo
Cc: Neil Dorrill; IsacksonMark; NeetVirginia
Subject: Pelican Bay Ordinance Amendment
Leo:
In keeping with our discussion, attached is a proposed amendment of the Pelican Bay MSTBU
Ordinance (Municode version). I put it in a form that you could use on the overhead. With the Board's
direction, I will put this into ordinance form, and advertise it for the June I l,, BCC meeting. (It may
have to go on the following meeting, depending on the NDN)
Jeffrey A. Klatzkow
County Attorney
(239) 252 -2614
June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - ` Proposed Ordinance amendment incorporating beach renourishment as a purpose
of the Pelican Bay Services Division Municipal Service Taxing and Benefit Unit
Page 2 of 3
Pelican Bay Municipal Service Taxing and Benefit Unit.
Sec. 122 -1654. - Purpose; powers.
The unit is formed for the purpose of providing street lighting, water
management, beach renourishment, ambient noise management, extraordinary law
enforcement service and beautification, including but not limited to beautification of
recreation facilities, sidewalk, street and median areas, identification markers, the
maintenance of conservation or preserve areas including the restoration of the mangrove
forest preserve and to finance the landscaping beautification of only that portion of U.S.
41 from Pine Ridge Road to Vanderbilt Beach Road in the above - described taxing and
benefit unit and to that end shall possess all the powers to do all things reasonably
necessary to provide such services.
(Ord. No. 02 -27, § 4, 5- 28 -02; Ord. No. 2006 -05, § 2)
June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - * Proposed Ordinance amendment incorporating beach renourishment as a purpose
of the Pelican Bay Services Division Municipal Service Taxing and Benefit Unit
Page 3 of 3
ResnickLisa
Subject: Temporary Easement for beach renourishment in Pelican Bay
- - - -- Original Message---- -
From: Neil Dorrill Finailto:Neil @dmgfl.com]
Sent: Thursday, May 23, 2013 4:30 PM
To: Susan O'Brien (naplessusan @comcast.net)
Cc: ResnickLisa
Subject: FW: Temporary Easement for beach renourishment in Pelican Bay
FYI and inclusion in agenda backup
From: McAlpinGary [mailto:Gar MMcAlpin @colliergov.net]
Sent: Thursday, May 23, 2013 4:13 PM
To: OchsLeo
Cc: Klatzkowleff; IsacksonMark; Neil Dorrill; CasalanguidaNick; LorenzWilliam
Subject: Temporary Easement for beach renourishment in Pelican Bay
We have valid temporary construction easements for beach renourishment activities
in Pelican Bay from Vanderbilt Beach Road south to Clam Pass. The easement do
not expire until 12/31/2024.
Nothing else is required.
Gary McAlpin
June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - List of Pelican Bay temporary beach renourishment easements
Page 1 of 2
ResnickLisa
Subject: List of Pelican Bay Temporary Beach Renourishment Easements
- - - -- Original Message---- -
From: MottToni
Sent: Tuesday, May 28, 2013 1:38 PM
To: ResnickLisa; McAlpinGary
Subject: RE: Request for Pelican Bay construction easements for beach renourishment
activities
Lisa,
They are as follows:
OR
Book
3967,
Page
2781
(Ritz
Carlton)
OR
Book
3752,
Page
777
(Bay Colony
Community Association)
OR
Book
3923,
Page
2989
(Contessa)
OR
Book
3763,
Page
555
(7629
Bay
Colony
Dr)
OR
Book
3634,
Page
2948
(7621
Bay
Colony
Dr)
OR
Book
3999,
Page
3022
(7613
Bay
Colony
Dr)
OR
Book
3634,
Page
2956
(7607
Bay
Colony
Dr)
OR
Book
3642,
Page
747
(7599
Bay
Colony
Dr)
OR
Book
3640,
Page
1001
(7591
Bay
Colony
Dr)
OR
Book
3640,
Page
1006
(7583
Bay
Colony
Dr)
OR
Book
3640,
Page
1013
(7571
Bay
Colony
Dr)
OR
Book
3640,
Page
1021
(7425
Bay
Colony
Dr)
OR
Book
3640,
Page
1027
(7417
Bay
Colony
Dr)
OR
Book
3640,
Page
1032
(7401
Bay
Colony
Dr)
OR
Book
3640,
Page
1038
(7629
Bay
Colony
Dr)
OR
Book
3640,
Page
1042
(Pelican Bay Foundation)
Thank you.
Toni
- - - -- Original Message---- -
From: McAlpinGary
Sent: Tuesday, May 28, 2013 11:06 AM
To: MottToni; ResnickLisa
Subject: FW: Request for Map of Pelican Bay construction easements for beach
renourishment activities
Toni,
Can you provide the easements to Lisa as requested?
If they are electronic, just email them to her. Otherwise, if there is any significant
cost involved in scanning or copying, they will need to authorize it first. Please copy
me on all information /coordination.
Gary
- - - -- Original Message---- -
From: ResnickLisa
Sent: Tuesday, May 28, 2013 10:28 AM
To: McAlpinGary
Cc: Neil Dorrill
June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - List of Pelican Bay temporary beach renourishment easements
Page 2 of 2
Subject: Request for Map of Pelican Bay construction easements for beach renourishment
activities
Gary,
On behalf of Mr. Dorrill, would you please provide us with the Pelican Bay construction
easements for beach renourishment activities?
Thank you,
Lisa
Lisa Resnick
Pelican Bay Services Division
801 Laurel Oak Drive, Suite 605
Naples, FL 34108
Tel. 239.597.1749
Fax 239.597.4502
lresnick @colliergov.net
http:/ /pelicanbayservicesdivision.net
- - - -- Original Message---- -
From: Neil Dorrill [mailto:Neil @dmgfl.com]
Sent: Tuesday, May 28, 2013 9:45 AM
To: Susan O'Brien
Cc: ResnickLisa
Subject: RE: Temporary Easement for beach renourishment in Pelican Bay
They are a standard form construction easement that would allow for work seaward of the
erosion control line. My understanding from CZM is that the project does not contemplate
the placement of sand upland of that point. I have not seen the easement but will try
and obtain one for tomorrows meeting. Neil
From: Susan O'Brien [ mailto:naplessusan @comcast.net]
Sent: Thursday, May 23, 2013 4:50 PM
To: Neil Dorrill
Subject: Re: Temporary Easement for beach renourishment in Pelican Bay
Hi Neil,
We need to see the documents for these easements.
Having an easement allows someone to do something. We need to know if it is appropriate
for the PBSD Board to use its taxing authority to renourish private beaches and whether
using public funds to renourish private beaches jeopardizes private beach access.
Thank you.
Susan O'Brien
June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - Ritz Carlton temporary beach restoration easement
Page 1 of 3
40 Introduction
Search for Parcels by
Search Results
Polio Number: 0016838000e,
Name: HHR NAPLES LLC
Street# & Name: 280 VANDERBIL3 BEAC RD
a m
Layers
Legend
Print
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Aen V P.rocography: Januay Unbars - 2312 - Rwal - 2012
June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - Ritz Carlton temporary beach restoration easement
Page 2 of 3
PROJECT: Beach Restoration 2004
FOLIO: 00168360006
PARCEL: 702P
TEMPORARY BEACH RESTORATION EASEMENT
ocme•a
THIS TEMPORARY BEACH RESTORATION EASEMENT (hereinafter referred to
as 'Easement') granted this _A!?t— day of DECZ1201DC -r- , 2005, by HMC OP BN F y
LLC, a Delaware limited liability company, whose mailing address is 6903 Rockledge Drive,
Suite 1500, Bethesda, MD 20817, as Grantor, to the BOARD OF COUNTY COMMISSIONERS m
OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND Zi ti
AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER
DISTRICT, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, as
Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
° g
instrument and their respective heirs, successors and assigns.)
WITNESSETH: That Grantor, for and in consideration of the mutual benefits to be
a
derived from the Collier County Beach Restoration Project, and other good and valuable
consideration, hereby grants, bargains, and conveys to Grantee this Temporary Beach
° b
Restoration Easement on, over and upon the following described property (hereinafter referred
M;
to as "Easement Property"):
c
All of that land which is the sandy beach seaward of the vegetation line on the
m�
„ g �
property of the tract or parcel of land lying within the parcel of real property
a+
described in O. R. Book 2231, Page 544 at Seq. of the Public Records of
Collier County, Florida, a copy �s ed hereto as Exhibit "A."
- r
This is a non - exclusive Ea 1th Grantor r the right to continued free use of
a g N
the Easement Property in a m n not inconsistent with a rl hts granted herein to Grantee,
C
subject to the following terms nd 110
1. Not a Public D is i sh II be deemed to be a gift or
q o
dedication to or for the gen ral u lic n t is a e all be trictly limited to and for the
purposes expressed herein. E~
o
2. Use. The Ease ay be used by Gr a it tractors, agents, and assigns
for the purpose of implement) d maintaining the le ty Beach Restoration Project
and shall include, without limita n right to utilize th i ant Property for enlarging and
g o 0
maintaining the beach and sh filli patible sand, for planting and
maintaining native dune vegetation, tom, IS remove equipment and supplies, to
erect and remove temporary structures on sement Property and to perform any other
work reasonably necessary and incident to the Collier County Beach Restoration Project,
together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions
or obstacles within the limits of the Easement Property.
3. Access. Grantee shall have the right of ingress and egress over and across the
Easement Property as is reasonably necessary for the use of any right granted herein.
4. Reasonable Use. The Easement Property constitutes a portion of a hotel property
owned by Grantor (the "Hotel "). Grantee and its agents and contractors shall: (i) exercise any
rights granted hereunder in a manner reasonably designed to minimize interference with the
use by Grantor of its property, including interference with any construction projects undertaken
by Grantor on or near the Easement Property; (ii) provide reasonable notice to the General
Manager of Hotel prior to the commencement of any work in or on such property and
coordinate with such General Manager with respect to the timing of any such work so as to
minimize interference with beach events operated at the Hotel; (iii) perform all activities
authorized hereunder with care and in accordance with all building, health, zoning,
environmental, local and federal laws, ordinances, codes, rules and regulations; and (iv) except
as modified by any improvements contemplated, hereby, promptly cause the Easement
Property and any other affected portion of the property of Grantor to be restored to substantially
the same physical condition as existed immediately prior to the entry therein or thereon by the
Grantee or its agents and contractors, including the restoration of any existing landscaping, and
the removal of any rocks and other debris deposited on the Easement Property as a result of
the Collier County Beach Restoration Project. Grantee further agrees that it shall, at the
Grantee's cost, repair any damage caused to Grantor's property as a result of Grantee's
negligence.
June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrators Report - Ritz Carlton temporary beach restoration easement
Page 3 of 3
Temporary Beach Restoration Easement
5. Notice. In the event any damage caused or believed to be caused by Grantee to
Grantor's property, Grantor agrees, within seven (7) days of becoming aware of any such
damage, to notify Grantee in writing, in care of the following individual and address, by certified
mail, return receipt requested:
Ronald Hovell, Project Manager
Office of Capital Projects Management
Collier County Government
3301 Tamiami Trail East
Naples, Florida 34112.
Failure of Grantor to timely notify Grantee of same shall excuse Grantee of any liability
for any and all such damage.
6. Grantor's Obligation. Grantor agrees not to do or commit any acts that would
interfere with the rights granted to Grantee under this Easement.
7. Covenants Run With the Land. The covenants, rights, restrictions, reservations
and Easement herein set forth are and shall run with the land.
8. Grantor's Representations. Grantor acknowledges that Grantor is the lawful owner
of and has good and marketable legal title to the Easement Property; that Grantor has the full
right, power and authority to grant this Easement to Grantee, and all other rights granted
hereunder; and that Grantor agrees that in the event another parry attempts to and/or does not
set aside this Easement based upon a superior right in the Easement Property, or commit any
act which would in any way nullify or interfere with the rights granted hereunder, the Grantor will
take all such steps as shall be necess 'ate to secure to Grantee the rights and
interests secured hereunder. Qom` 'E
9. Termination. �te D r granted here 6ndesh I automatically terminate on
December 31, 2024 without n sl e t of record. w
(Print or type)
STATE OF �
COUNTY OF CQffler
2aLas )te h
esents to be duly executed
,2005. y oc0 �
Delaware
Name: ze1- A1j I-SMRO-f
(Print or type)
pso da rderbi It f5ea4i 9.1
(Address) F1 aq/09
The foregoing TEMPORARY BEACH RESTORATION EASEMENT was acknowledged
before me this 1q day of De eMber , 2005 by 0. , (Name/Title) of
HMC OP BN LL� a Delaware limited liability company, who is person y known to me or who
has produced f der Lt` p s identification.
(affix notarial seal) N�Wyc,/
(Signatur f Notary Public)
V. Inglese Y icor(G�. Im S�,
Cmnis*n#DD475928 (Print Name of Notary P ic)
ExpirmSe0ember26,2009 NOTARY PUBLIC
B.MT.,FFie.WMF-J. 8*M5.Ta9 Serial/Commission #: if an
My Commission Expire ' . V. In ft�-A.
c Comr475928
Elrpire26, 2009
x 5 Tm,8 a7wnle
June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - Harrison property at 7571 Bay Colony Drive temporary beach restoration easement
Page 1 of 9
Asnsl hrtsxrsc y: Js% y Uftr, Z!2 -R *s' -2_`::
June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - Harrison property at 7571 Bay Colony Drive temporary beach restoration easement
• Pa 2of9
PROJECT: Beacr Restoration 2004
FOLIO: 66667503405
l_ PARCEL: 716 -P
TEMPORARY BEACH RESTORATION EASEMENT
ISO W
THIS TEMPORARY BEACH RESTORATION EASEMENT (hereinafter referred to
"
as "Easement") granted this day of , 2004, by HUDSON T.
HARRISON and JANICE H. HARRISON, husband and wife, as a tenancy in the entirety, whose
mailing address is 7571 Bay Colony Drive, Naples, Florida 34108, as Grantor, to the BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
;3
BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER -SEWER DISTRICT, whose mailing address is 3301 East Tamiam!
Trail, Naples, Florida 34112, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
g C
instrument and their respective heirs, successors and assigns.)
o g
WITNESSETH: That the Grantor, for and in consideration of the mutual benefits to be
Ne
s
derived from the Collier County Beach Restoration Project, and other good and valuable
a Er
consideration, hereby grants, bargains, and conveys to the Grantee this Temporary Beach
w %=
Restoration Easement on, over and upon the following described property (hereinafter referred
O°
to as "Easement Property "):
C=0
All of that land which lies in sandy beach seaward of the vegetation line on the
w
property of the tract or parcel of land lying within the parcel of real property
m o
described in O. R. Book 2886, Page 457 of the Public Records of Collier
County, Florida, a copy of whic reto as Exhibit "A."
This is a non - exclusive Ea r 1(� it Grantor tai the right to continued free use of
M
the Easement Property in a m of inconsistent with e r hts granted herein to Grantee,
subject to the following terms
1. Not a Public D i ! sh II be deemed to be a gift or
r
dedication to or for the gen
ral u !Ic n• t is a _!I be tr;ct!y limited to and for the
purposes expressed herein.
8 C
"°
fOer
2. Use. The Ease ay be used by Gr ee it ractors, agents, and assigns
for the purpose of implementi d maintaining the 11 a ty Beach Restoration Project
and shall include, without limita right to utilize th a ent Property for enlarging and
v
maintaining the beach and sh fillin patible sand, for planting and
e e a
maintaining native dune vegetation, to ~ Ft l remove equipment and supplies, to
erect and remove temporary structures o the asement Property and to perform any other
work necessary and incident to the Collier County Beach Restoration Project, together with the
right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions or obstacles
within the limits of the Easement Property.
3. Access. Grantee shall have the right of ingress and egress over and across the
Easement Property as is necessary for the use of any right granted herein.
4. Reasonable Use. The rights and interest conveyed hereunder are conditioned
upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably
interfere with Grantor's use of the Easement Property. Grantee further agrees that it shall, at
the Grantee's cost, repair any damage caused to Grantor's property as a result of Grantee's
negligence.
5. Notice. In the event any damage caused or believed to be caused by Grantee to
Grantor's property, Grantor agrees, within seven (7) days of becoming aware of any such
damage, to notify Grantee in writing, in care of the following individual and address, by certified
mail, return receipt requested:
Ronald Hovell, Project Manager
Office of Capital Projects Management
Collier County Government
3301 Tamiami Trail East
Naples, Florida 34112.
Failure of Grantor to timely notify Grantee of same shall excuse Grantee of any liability
for any and all such damage. THIS CONVEYANCE ACCEPTED BY THE
EOAEO OF COUNTY COMMISSIONERS.
COLLIER COUNTY" FLORIDA.
1 PURSUANT TO AGENDA.
DATEDr _j L IVEN NO, ji, C I0
June 5, 2013 Pelican Bay Services Division Board Regular Session
5bAdministrator's Report - Harrison property at 7571 Bay Colony Drive tempoM!eaaj�6j0raV0jase 0f4
Page 3of9 �f�( J tJ j' j�j
Temporary Beach Restoration Easement
6. Grantor's Obligation. Grantor agrees not to do or commit any acts that would
interfere with the rights granted to Grantee under this Easement.
7. Covenants Run With the Land. The covenants, rights, restrictions, reservations
and Easement herein set forth are and shall run with the land.
8. Grantor's Representations. Grantor acknowledges that Grantor is the lawful owner
of and has good and marketable legal title to the Easement Property; that Grantor has the full
right, power and authority to grant this Easement to Grantee, and all other rights granted
hereunder; and that Grantor agrees that in the event another party attempts to and/or does not
set aside this Easement based upon a superior right in the Easement Property, or commit any
act which would in any way nullify or interfere with the rights granted hereunder, the Grantor will
take all such steps as shall be necessary and appropriate to secure to Grantee the rights and
interests secured hereunder.
9. Termination. All rights granted hereunder shall automatically terminate on
December 31, 2024 without the necessity of any further instrument of record.
This is not HOMESTEAD Property
IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed
h' of MARLOW —,
�4
itne Si a r�,1� Ta, �Q /
Name. rj(,z- II
J4(oa.5'3393 q"D
STATEOF FI.ARII!!,fl
COUNTY OF Col, L- t E R
The foregoing TEMPORARY BEACH RESTORATION EASEMENT was acknowledged
before me this day of m(-A Re H , 2004 by Hudson T. Harrison, who is personally
known to me or who has produced ZL.lt�> L_ as identification.
(affix notarial seal)
":�� P- —An —
(Signature of Nolhry blic)
KATHRYN A NORTON
.•. •. •. �1y rn�illca(1N s ^f n7 ?'11id
KATHRYN d NORTON
�5 4 NY oOAIUS" M 972264
EXPIRES: Ocftw3,2001
WAN lru NOWa veDrc u6n ws
-K AT to KIt 0 -Z- 0 n rz-ro N
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any) W 97a�
My Commission Expires: 10 b3 O
June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - Harrison property at 7571 Bay Colony Drive tempo% aJJA Page 4of9 V a s1V J
Temporary Beach Restoration Easement
IN V1fITNESS WHEREOF, the Grantor has caused these presents to be duly executed this
't" day MA Re. bi , 2004.
Witness JSignatt ��
Name: d �l�
(Print or Type) `✓
u
Witnes�ji
to re)
Name: 0- lh- A Vs aAJ
(Print or type)
STATEOF Pt -ORINA
COUNTY OF t^D t_ t_ i ER
anice H. Harrison
7571 Bay Colony Drive
Naples, Florida 34108
The foregoing TEMPORARY BEACH RESTORATION EASEMENT was acknowledged
before me this L-44"' day of —� .� Janice H. Harrison, who is personally
known to me or who has produce identification.
(affix notarial seal) f0
re
VATWMI n a of Public)
Wca�lssarl ARY B ,.
E;I,,,,,N Co Q4 :(if any) ca, 7,1 2la Y
%f f My pires: lA 3104 1pprov d as to ion li legal sufficiency
s t County Att1x ay
June 5, 201
■IriYY�1N mul I III III
Page 5 of 9
Document Preparation Only By:
Holly A. Harmon. Attorney At Law
I4OLLY A. HARMON, P.A.
3838 Tamiami Trail North, Suite 410
Na Res Florida 34103
at 7571 Bay Colony Drive;temporary beach restoration
2851625 OR: LU46 PG: 0451
11CO10ID 1a 0711C1A1 IICOIDs of C011211 come n
01 /0112001 at 11:32A1 DWICR1 I. sloes, CLIII
toxs 100.00
IIC I11 21.01
DOC•.10 .10
p Rita:
loot 11AAx01
Grantee Tax Identification No. 3171 tA1IA1i t1 1 1110
1AILIs IL 34101
` [Space Above This Line For Recording Dataj
Anet Recording Return 1'a:
Holly A. Harmon, P.A. Corrective Warranty Deed
3838 Tamiaml Trail No. #410
Naples, Ronda 34103
This Indenture is made this 3o day of AucusC , 2001, by and between HARRISON
CONSTRUCTION, INC., an Illinois corporation, whose post office address is 888 Fox Glen Drive. St.
Charles, IL 60174, Grantor. and HUDSON T. HARRISON and JANICE H. HARRISON, husband and wire,
as a tenancv in the entirety, Grantee, whose post office address is 7571 Bay Colony Drive. Naples, Florida
34108.
Witli esseth:
That the said Grantor, for and in considerat
Grantor in hand paid by the said Grantee, n th rL
and sold to the said Grantee, and Gr °ter
located in Collier County, Florida, "Property "):
of S10.00 and other valuable consideration, to
by acknowlLdgcd, has granted, bargained
he following described real property
(For Information Only IPro e r ' a r ber is 66667503405)
THIS CORRECTIVE A A TY E D S E U D ANNy RECORDED TO REFLL•CT
THE CORRECT GRANTE S A DEED FROM HARRISON
CONSTRUCTION, INC., A RATION, TO HUDSO HA RI JANICE H. HARRISON. AS
JOINT TENANTS, DATED ER 22. 1998 AND OR E THAT DATE IN OFFICIAL
RECORDS 2473, AT PAGE 95 HE PUBLIC RECOR O R COUNTY, FLORIDA.
To have and to hold the same' t e forever. To ny and all tenements, hcreditamcnts
and appurtenances thereto belonging or t nyi to easements, restrictions, reservations < ?•.
and limitations of record common to the su , z i other governmental regulations and taxes for
the current year and subsequent years. >4
M
And the said Grantor does hereby fully warrant the title to said real property, and will defend the same
against the lawful claims of all persons whomsoever.
Wherever used herein, the terms "Grantor" and "Grantee" shall include all the parties to this instrument
and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.
Signed. sealed and delivered in the presence of:
Signature of Witness #1
Gerald A. Olson
Printed or Typed Name Witness N1
'
Signat® of Witness 11
HARRISON CONSTRUCTION, INC.,
an Illinois corporation
Hudson T. Harrison, President
Mar"A�.,. M v....e..5.e.,m
n..� ,. EXHIBIT
page_ I of
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June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - Harrison property at 7571 Bay Colony Drive temporary beach restoration easement
Y p'' '•�
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, s ORt 2886 PG; 04511 k 1
wit SbA S.. :'.✓; A�L, Ti"•�
Corrective Warranty Deed
Page Two '
t�24 y
y
STATE OF Michigan '� t
COUNTY OF Berrien
The foregoing instrument was acknowledged before me this 30th day of ! August . 2001 by ry
Hudson T. Harrison, as Presid nt of HARRISON CONSTRUCTION, INC.. an Illinois corporation, on behalf r'
a { ' .!` D has produced
of said corporation who is personal) vv as identification
:x
NOTARY BLI '
Sign
i io X res: September 24, 2005 O
A.
r, RY SE.�L }ter,,
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June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - Harrison property at 7571 Bay Colony Drive temporary beach restoration easement
Page 7 of 9
1 i rL -01- 14703 -2 08/29/2001 08: .)1:24am Pay., 2 of 4
"EXHIBIT A" J OR: 2886 PG: 0459 -V/
0l: 2973 PG: 0956
WILSONp BARTON & PJF.P. & INC.
rft..ea, s c.gon. I�a�rsPe w.diuctt s EMWk%ftftwd CoMWAMN
.rte..h.14+.�tL�wac7rweta ae4tawswrr�urR..Lfi
MOO
Description of part 01 Tract "A" pelican a" unit sight,
Plat 900k 13. pagsa 37 -29; collier Co"ty, Florida
VwVised xiddle Pod - Site 5)
All that past of Tract "A ", lelicfn Say Unit light, AS recorded in
Pitt born[ 17, pwge>s 17 thraagh 29 inclusive of tUa Psblia Records
Of C612:Lar County, 72crida and baing more particularly described as
follwAmr
tcss�WCiaq at the southsastarlynost comer of rarcml Y.
ConservaL ca Area (D.L.7t. PaMit Ill- 5637691 as =bow= an said plat:
tbawca along the state of 1►lorida, . sat of Natural Reacparces
ana Collier County Coastal CQiLl. no (per C.C.L.1.
1, pages 13 -25, reoardad ,--- 2�� t 21.23.56' East
247.21 Cost;
tbancs oantinus salong
sa3 lZi+� County Construction
Control Lino, M=th 10 • , i,# of a 9 s . 4 s ra to the rom" or
19:I11 1tING of the parcel r � daac�bsd ;,._,��n
thanom leaving N*id / co .i ty Coax[ 2 construction
Coaatrol Liars V*r 2x 79, "
tbsnce South 11400.04 4
thanoM salthariy 1. es f o z ciiculax carve
cosscava vestarly, ` :1 set, through a
CAh%Xal Whole Of 3 3 `_ 3 1h a chard
Wni4-h bears Scut%& 3' O113" west 32 fe tj
t LOWS alacM, a 3wA- antia Vast 71.77
f not 1-0 the said co County Can .-lion Comtrol
thels -ce leaviriq said or County 1 Construction
Cantrol Line South 8103 am ,.1474`1 to the Kaan 91gh
sates Line, (1.5 M.c.V. '� .iS>f` observed ltovseber
thance along said ?lean Sigh dater Live, Marta as-23,"- Moat
37.49 taste
thanca coatiaaua along said Bean Migh Vat.ar Lira 11srt2►
10.01.52" Wont 46.72 teat;
teems leavlaq said Hean Mligh !Rata= Lime, VkWth 79 20146' Last
244.26 Llet to tba I+oiot of Saginning of the parcel barein
dasas3bsd An4 a point on the C0111ar County Coaattail
Conatzcu41-140 cAmtrol Lino;
Vareai cVAtains 1..29 acres acr* or less!
SUbrject to saseaants and restrictions of record j
bearings are aawmed and based on the southerly line of Tract "A".
bsistq went.
LIU MD EXCEPT all that part of said Tract "A• being noes
particularly described as folloval
(Middle pod — Part of 31ta•5)
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June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - Harrison property at 7571 Bay Colony Drive temporary beach restoration easement
Page 8 of 9
.01 : FL -01- 14703 -2 08/29/2001 08:31:24&
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Dsscript on at part of Tract "1•• Pelican say Mit sight,
Plat Dt 1S• pages 27 -Z9 j Collier Coonty,
eb
x ° . dCFSC
(Kiwi a rod - 3ita s) (caatinasd)
0006 r OU4 ut the aau haostailyamt ewn r of ftweel
Como= ritt+oo hrce. (O.=.a. or"t 011 - 503 ?6151 as aha"n Osf 9414 plate
tbance +a1mv the hats Of Tlca•id^ ps ant of Xatwtal VA&W*Qr*"
".c"Itar comty 4`aaetal Contral l.l.na (pr
1 ts poem e sstt] j -2s, remardQ v -
q sovtl x _ w Z 3'S ;' Xqwt
ccntInuo' alnq Said C6 uoi�.!47.21
. � s tai Canso %ri,
central Tj i0ath 10.320 !' !a!� �� to the Point at
bevinrdm of the pu al h lbs4; O
thsoca 1Snvinq� said liar catnsty 1 cosetsvctiaa 7d
Control 11" Xcarth/1"s• !4a-° 7l.ii 1 3
thence South 11• 'o0 4t j � w
tba:aca South '79'26& t �C asst test ON
Oofte"3. cowstruction' 1 IT-
sae r' r
thence 166vla:9 i
coat.irAm Omth 79'2 6" 0 2 4t )rile high
Vatar lima t 2 . 31iO at N G]
theca4 was 100 w • 1Nst 40.00 L t 11fgla
water liaaj
t2umca leading a high water 1 9!•ia•46- 81st
246.26 fast to tUs o of Bayinniaq parcel . harcia
Oastainlaq o.29 cares Sore 1 K r
aubjic7t to eisjm�t3 and ra►
1M* are 4600ned aced b&Aed ea=t 'tats °S�cs+ut2r+ez2y line of Tract -h"
cis bainq rtesG. _ +4
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Dsscript on at part of Tract "1•• Pelican say Mit sight,
Plat Dt 1S• pages 27 -Z9 j Collier Coonty,
eb
x ° . dCFSC
(Kiwi a rod - 3ita s) (caatinasd)
0006 r OU4 ut the aau haostailyamt ewn r of ftweel
Como= ritt+oo hrce. (O.=.a. or"t 011 - 503 ?6151 as aha"n Osf 9414 plate
tbance +a1mv the hats Of Tlca•id^ ps ant of Xatwtal VA&W*Qr*"
".c"Itar comty 4`aaetal Contral l.l.na (pr
1 ts poem e sstt] j -2s, remardQ v -
q sovtl x _ w Z 3'S ;' Xqwt
ccntInuo' alnq Said C6 uoi�.!47.21
. � s tai Canso %ri,
central Tj i0ath 10.320 !' !a!� �� to the Point at
bevinrdm of the pu al h lbs4; O
thsoca 1Snvinq� said liar catnsty 1 cosetsvctiaa 7d
Control 11" Xcarth/1"s• !4a-° 7l.ii 1 3
thence South 11• 'o0 4t j � w
tba:aca South '79'26& t �C asst test ON
Oofte"3. cowstruction' 1 IT-
sae r' r
thence 166vla:9 i
coat.irAm Omth 79'2 6" 0 2 4t )rile high
Vatar lima t 2 . 31iO at N G]
theca4 was 100 w • 1Nst 40.00 L t 11fgla
water liaaj
t2umca leading a high water 1 9!•ia•46- 81st
246.26 fast to tUs o of Bayinniaq parcel . harcia
Oastainlaq o.29 cares Sore 1 K r
aubjic7t to eisjm�t3 and ra►
1M* are 4600ned aced b&Aed ea=t 'tats °S�cs+ut2r+ez2y line of Tract -h"
cis bainq rtesG. _ +4
� r
s v�
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atax ad M7 and Lsai • Surveyors
by: DA
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• AG 4 is
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311109. lIN 4 at . vtc tsrtot`1
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• June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - Harrison property at 7571 Bay Colony Drive temporary beach restoration easement
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June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - Bay Colony Community Association temporary beach restoration easement
Page 1 of 11
Introduction
Search for Parcels by
Search Resutts
Folio Number. 66667504006
Name: 841 COLONY COIJMUNrrY ASSOC INC
Street# & Name: £473 B.=+`:' COLON"' CR
Layers
Legend
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June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - Bay Colony Community Association temporary beach restoration easement
Page 2 of 11
PROJECT: Beach Restoration 2004
FOLIO: 66667507003, 66667506004, 66667504006, 66667503007
PARCEL:- 703P, 704P, 705P, 707P
L- 4 10
TEMPORARY BEACH RESTORATION EASEMENT
THIS TEMPORARY BEACH RESTORATION EASEMENT (hereinafter refereed b
as'Easement') granted this JOA day of 3sPT1fw"taR 2004, by BAY COLONY
COMMUNITY ASSOCIATION, INC., a Florida Not for Proft Corporation, whose mailing
address is 8700 Bay Colony Drive, Naples, FL 34108 as Grantor, to the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COWER
COUNTY WATER-SEWER DISTRICT, whose mailing address is 3301 East Tamiami Trail,
Naples, Florida 34112, as Grantee.
(Wherever used herein the terms 'Grantor and 'Grantee' include all the parties to this
Instrument and their respective heirs, successors and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the mutual benefits to be
derived from the Collier County Beach Restoration Project, and other good and valuable
consideration, hereby grants, bargains, and conveys to the Grantee this Temporary Beach
Restoration Easement on, over and upon the following described property (hereinafter referred
to as - Easement Property -):
AN of that land which ties in the sandy beach seaward of the vegetation line on
the property of the tract or parcel of land lying within the parcel of real property
described in that Quit Claim Deed riloarded-at O.R. Book 1905, Pages 1639 -
1646 of the Public Record qli r t o r k1a, a copy of which is
attached hereto as Exh ' �"A --
Also all of that Is in the sandy beach wbfd f the vegetation
lure on the prop of tract or roel of land lying in t parcel of real
property desc as: tract
Be Club), all of
Tract -D-, Pell Ba Un g cco to a ther f r rded in Plat
Book 15, Peg 27 t 2 If s of Collier
County, Flo I , 1 E f in t certain
OUR Claim D
of the Pudic R
�^* Page 30,
Also al of that ch lies in the sandy ar vegetation
line on the prop tract or parcel of 1 g roel of real
property ap # 66667507003 arcel west of
Remington), all of Pelican Bay Unit Eig �1a ng to the plat
thereof recorded In Pages 27 th 1N sive, of the Public
Records of Collier that portion now
known as The Remington nium, according to the
Declaration of Condominium r 2192, Page 1593, of the
Public Records of Collier County, Florida.
Also all of that land which lies in the sandy bead seaward of the vegetation
One on the property of the tract or parcel of land lying within the parcel of reel
property described as: Strap # 66667504006 (Beach Dune Parcel), all of
Tracts 'B" and 'C', Pelican Unit Eight, according to the plat thereof recorded in
Plat Book 15, Pages 27 through 29, inclusive, of the Public Records of Collier
County, Florida, LESS AND EXCEPT chose portions now known as The
Windsor at Bay Colony, a Condominium, according to the Declaration of
Condominium recorded in O.R. Book 2395, Page 2513, The Biltmore at Bay
Colony, a Cond4inlum, according to the Declaration of Condominium
recorded in O.R. book 2304, Page 2663, The Brighton at Bay Colony, a
Condominium, according to the Declaration of Condominium recorded to O.R.
Book 1938, Page 611, The Cartysle at Bay Colony, a Condominium, according
to the Declaration of Condominium recorded in O.R. Book 1704, Page 535,
The Contessa at Bay Colony, a Condominium according to the Declaration of
Condominium recorded In O.R. Book 1584, Page 2189, and that portion
described in Warranty Deed recorded in O.R. Book 1981, Page 1505,
Warranty Deed recorded in O.R. Book 2341, Page 2609 and Quit Claim Deed
recorded in O.R. Book 2431, Page 30, all of the Public Records of Collier
County, Florida.
.�i sum
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PHIS CONVEYANCE ACCEPTED NY THE
30ARD OF COUNTY COMMISSIONERS,
,OLLIER COUNTY, FLORIDA,
PURSUANT TO AGENDA,
SATED: 7 - 9 -v 4 ITEM No. 11, C - I !�
June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - Bay Colony Community Association temporary beach restoration easement
Page 3 of 11
This Is a non - exclusive Easement with Grantor reserving the right to continued free use of
the Easement Property in a manner not inconsistent with the rights granted herein to Grantee,
subject to the following terms and oorK itions:
1. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or
dedication to or for the general public and this Easement shall be strictly limited to and for the
purposes expressed herein.
2. jam. The Easement may be used by Grantee, its contractors, agents, and assigns
for the purpose of implementing and maintaining the Collar County Beach Restoration Project
and shall include, without limitation, the right to utilize the Easement Properly for enlarging and
maintaining the beach and shoreline by filling with compatible sand, for planting and
maintaining native dune vegetation, to move, store and remove equipment and supplies, to
erect and remove temporary structures on the Easement Property and to perform any other
work necessary and incident to the Collar County Beach Restoration Project, together with the
right to trim, out, fell and remove therefrom all trees, underbrush, obstructions or obstacles
within the limits of the Easement Property. The County shall limit the placement of temporary
structures on the Easement Property to periods of no greater than three (3) months at a time.
3. Access Grantee shall have the right of ingress and egress over and across the
Easement Property as is necessary for the use of any right granted herein.
4. Reasonable Use. The rights and Interest conveyed hereunder are conditioned
upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably
Interfere with Grantor's use of the Easement Property. Grantee further agrees that it shall, at
the Grantee's cost, repair any damage caused to Grantor's property as a result of Grantee's
negligence.
S. Notice. In the event
Grantor's property, Grantor agret
notify Grantee In writing, in carte
receipt requested:
Ronald i
Office of
Collier C
3301 T&
Naples, I
Failure of Grantor
for any and all such dam
6. Grantor's i
Interfere with the rights
notify Grantee of salt jex
Gt$ntor &areas not to
7. Covenants Run With the
and Easement herein set fortjn are and shall run with the land.
to be caused by Grantee to
rare of any such damage, to
*. by certified mat, return
of any liability
any acts that would
rights, restrictions, reservations
8. Grantor's Representations. Grantor ad rKwAa lges that Grantor Is the lawful owner
of and has good and marketable legal title to the Easement Property; that Grantor has the full
right, power and authority to grant this Easement to Grantee, and all other rights granted
hereunder; and that Grantor agrees that in the event another party attempts to and/or does not
set aside this Easement based upon a superior right in the Easement Property, or commit any
act which would In any way nullify or Interfere with the righra granted hereunder, the Grantor will
take all such steps as scrag be necessary and appropriate to secure to Grantee the rights and
Interests secured treraunder.
g. Termination. All rights granted hereunder shall autom locally terminate on
December 31, 2024 without the necessity of any further instrument of record.
This is NOT HOMESTEAD Property
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June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - Bay Colony Community Association temporary beach restoration easement
Page 4 of 11
- IN�(jTNESS HE OF, the Grantor has caused these presents to be duly executed
this _; �1ay of 2004,
Bay Co Com uni As ciation,
Witness (Signature) Inc F 'da t r r Corporation I
Name: �, 9q
vin r e) By:
( ignature) P sident
le
re)
Witn a ./ (Print or type name)
me:
Na /I
(Print or type) 8700 Bay Colony Drive
(Address)
STATE OF
COUNTY OF
The foreg%'nq TEMPOR�
before me this day of
behalf of Bay Colony Communi
personally known to me or wh
(affix notarial seal) 7
acknowledged
President), on
gyration, who is
tion.
J"W', r;a.orney
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June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrators Report - Bay Colony Community Association temporary beach restoration easement
Page 5 of 11
M MH
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a's ':JMlMV.wn
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3C j `1 Z 2 CZ 2 -2 Z.1 ZZ
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ana 3raloage)
that ----------
7=----t 3a-r unit
zzunt-., 7:0r, - ?.3• '1-
as fol-'cwa; !-,a anc 'is' paces
C z oncing rq Mcra
"M 3t the JcUthea3tarimcat ::Or-ez
t:1 nc3 alcnq the 4A !,Z:3 Ct
0 �cUndar-? 0� 3 'd T=act .,k,
100 . . a
.42 feet to the Icrt�l -,;,at
"!.,IT 07 3_*.ae=snt
descri,_
ec; :18r3_
thenc3 leaving said :-curdar-r weatar,,, C__1
"a arc
3"ng -- arc OZ' a -Icn-tangential :jZ=,jzz z3at
z:nr
C
-WrInC .1 Z::C
Sez
- I , :3n=:7Z_
Ind -e�nc juZzance- :ncr=
:Tcrt.,-. 43 'iest
-.enca nc.t!%er_'., _-22.36 - z
i i1
-'at alone the arc
zcncavq westa.l., in C
- a Z-dius 270.ja
antra: 1. ^.c_'
-ea,-3 tanced iz3,09. West 4:
16
-:iencci
-..Onc3
-a =11=73 :h
4 C2 trm, z2em
r.,, r -2 :2 3 are -'-a:- -anaec
:ncrc! '4h--C.h .. 311
ar..
?cInt
A 3 J 2 �Ianca 5
COO
auntxl angta e
-
-ear] lort at 4
a r :.,I
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thenca a t 31 lag
CZt1,.,
_ . . -'ar cur-j'a
concave g f
cantzal 0 at ugh
anq;,a and 1)einq 3 .
beam 110 04'-.01 3t -1-0.23 f d d =herd which
thanca iorr_.. -3 �J, •
t 73.24 C
thenca narthar-y along the arz
cc:ncave
W ea,ar, .1
of 1-7
angle 04 a nLj 3 Zh-rough a
O OeaZ3 Nc--th 02'4_!,3'0 mast a chard .Ihic!%
t!,.ence 40rt.%, ;F'00'00• t 37. ;L t;
thanc.3 rcrthe_'-,- il.43 fast along the arc 04 .2 cizculzr C.4r•70
hest
concallre westarly ha,.rl.lg a zadiLls 0� 1-0.00
CtIntral angle r_� 'S*- :_ _, through a
: : 00'52* 1.1d !;Sing 3u.!:tarded .-I a C.�Crd which
ears heat 5-1.19 'eat to a r8ver39
C*,lr,,atu=3;
thenc3 n0ZthsZ-'-.-1 57 -zest a-!cng the I=c
conc-,,,re cir=uldr cur..ra
easta---V a zrzdlus of 30.30 f3et zhx=uc.h a
-antzal q _I 3 - -
being vhica
C zear3 SO • Wes t fa
2z"'atUxal. at; =C ;girt =2•.r8r3(3
(C-nt'
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POOR QUALITY ORIGINAL
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June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - Bay Colony Community Association temporary beach restoration easement
Page 6 of 11
•
NILssGSJ + M11L2I . 3A.17 ON i ?cSi, iNC
EXHIBIT
I PAGE
--- �_CF 7
`eac='^- -cn 7f -art 7_7ct
?:a 3cu.. ,.JL•n --r
thence northerly 51.49 fast along the arc o7[ a ci_cula=
concave +estarly having a _adius of 220.30 feet thrauch a'
central ang'_a of 15'00'52' and being 3ubt3nded by a --hero, •risich
hears North 0:'59'3 {• Neat S1 29 .et;
hence North 1 '00'00' 'fleet ;5 'JO Set;
thence northerly 31.59 :aet along tho azz Of - ci- al- __
concave westsr'y :laving a radius 0t 170.30 feet through �V
c3nt=al anc'a - 7''0'7C' and �siac 3u!:- -2ncec - a 5cra :h -ca
`_ea =a i7crt : : t • 7C • ';ast 30.31 __ _ -
thence Ncrt.h 18':0'70' :,Test 16. -1 feet;
'henc3 nor-her!-, "53. _ feet along `he arc .,f a
concave aast3ri-• havcag a radius of 25 =.J0 faet throuch a'
i
_3nt_al anc_a of 7a 30'00 and be:aq 3uatandec Jv a chcr= Vn_Ch
�-ea =s :7c=th J9'1C' ^.C' ' ?est_ ' 47.25 feet;
`hence North 9'10' 0?
-hand northerly
7tnC ale west3r'y .7:J/ '!G ,� •.:•J' _;?- =OI;C -
_27t__1 anC_a _ } . and :el %c 3 Cc `Jy,a - .c= wn: =a
JCa=a'No=th J1' 7• 1• 'lest :55.7; _2st;
thCnC3 NCrth _� 137.33 :eet;
-3nc3 acrthor 7 3 .] et arc _ a
t.3nC a'r) 3aata 11 a•7 in O' Cf __'�.30� 9t : ^L•C. ^. .1'
-ant =a. angle Ct 3•
bears North 06'_ t t.
thenc3 North _ 0' ae 1 $
thonC3 no=t.`i a t 1 4 se a no t o ar 0 a
q n s :7a• a La _us 0 _10.30
`'et th= gh tral angle of '3 00 ^an ng subtandad
tv a chor wh_ ears aorth 29' 7 Sa t �1 _ :set;
thenca : North 4 00' °ant 158.59 _ (°}
thence . 4orth 37 East 41.52 fie '.It on the
boundary of said ,�!c�, '.;
thence alcnc Bald I u ^r South 415"5' fig' st 191.72 `eet;
thence saut wester- t arc of a circular
ci:re concave scuthea i r -u3 of 200.00 feet
th�augh a central anqla o' y1 1"nd being 3ubtanded by a
chard wtt±ch =ears South 28'37130• Weer 111.4; feet;
hence South 12'00100' Nest 31.19 feet;
thence southerly 55.39 feet along the arc of a circular curve
concave easterly having a radius of 100.00 feet th- ough a
central angle of 37' 45'00• and being 3ubtarded by a chord which
bears South 06'2'10' 3ast 61.70 faet; -
thence Scuth 25'1:'00' East 137.90 feet;
thence southerly 295.15 fast along the arc of a circular cur-r-.3
_C. ^.cave westerly having a radius cf -75.30 fast th=ough 1
--antral angle of 15'15100' and being subtanded by a chord vhick
bears South 03'07':0' east 288.2 feet;
;cony -hued on =age 1}
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POOR QUALITY ORIGINAL
June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - Bay Colony Community Association temporary beach restoration easement
Paae 7 of 11
I MW NOW
AM
A— WILSON . MILLER • BARTON A PEEL, INC 00 1 9 0 5 00 1 6 4 2
t OR IBIT PA E
?AGE_ OF
Deecrip *.ion of part of Tract
Plat Book •a• pelican Bay unit Eight,
15, pages 27 through i9, Collier County, Florida
(ACCaae and Drainage Eaaeaee[)
(continued from page 2)
thence South 19'30'00• Neat 11.99 feet;
thenca southerly 227.77 feet along the arc of a circular curve
concave easterly having a radius of 225.00 feet through a
central angle of 58'00.00• and being subtended by A chord which
bears South 09'30'00• East 218.16 feet;
thence South 38'30.00• East 36.55 feet;
a N thence southerly 95.99 feet along the arc of a circular curve
CX3 concave westerly having a radius of 200.00 feet through a
r_ central angle of 27'30'00• and being subtended by a chord which
y w9 bears South 24'45'00• East 95.07 feet;
thence South 11'00'00• East 45.00 feet;
is thence southerly 69.88 feet along the arc of a circular curve
concave westerly having a radius of 250.00 feet through a
N central angle of 16'00'52• aratd e ubtended by a chord which
C a ar bears South 02'59'34' Ea 3 edt
o e r— curvature= P ? point of reverse
C-30 thence southerly 55 t`alonq the a j circular curve
arr
e .. concave easterly hi a radius of 100.0 L�eet through a
u a central angle of �`2' 44• and being subtan ^9d by a chord which
i o <j bears South 11'0q,007, Last- -55: 4$ t ea a
acurvature; p nt pf reverse
thence eoutherl 69f88 feet
concave westerl h r1Dnq he a E cir ular curve
central angle gllf 1 5 0 'S a d be g u tOn t though a
bears South 19'`00' 6• Eas 6 e., Y chard which
thence South 11I'�A 90 a f
thence eoutherl( 9 feat' along t rc o a G ular curve
concave weaterlyt \�hh�4 inq a radius of 2 j 00 ee �tt} ough a
central angle of�7' 0'00• and being s
bears South 02'4, Heat 95.07 feet e >xa chord which
thence South 16'3 eat 78.94 feet;
thence southerl 98 7 Fr
Y eqt along the ar iyal ✓ circular curve
concave easterly hay n� adJus of 715
central angle of 25'00 n ddt through n
bears South 04'00.00• Want -$, 4 �i�ae � by a chord which
— thence South 08'30'00• East 82 8 "G "£sett
thence southerly 136.40 feet along the arc of a circular curve
central nnglerof 26*03,05, andubeing3aubtendedtby aochord which
bears South 21'31'32• East 135.23 feet to a point of reverse
curvature;
thence southeasterly 99.75 feet along the arc of a circular
curve concave southwesterly having a radius of 300.00 feet
through a central angle of 19'03'051 and being aubtended by a
chord which bears South 25'01132• East 99.29 fast;
thence South 15'30'00` East 27.27 feet,
(continued on page 4)
S a", "A"
PACE 3 07 7
June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - Bay Colony Community Association temporary beach restoration easement
Page 8 of 11
thenc3 3outherly 74.73 feet along the a =g of a ci =cull_ cnr7e
concave weatarly having a radius o: 400.00 faet through 3
c3nt=a1 angle at 10'42'41' and beiaq 3ubtanded :y a good rhi,,,
yea^ scut! 3aat 74. j7 faat to a .c -at
C= :Star3; -
thenca 3cutheantar1;, 44.02 fnet along the 3== 3f a -' -anlar
cure concave northeaetarl -T having a raciva 0. 40.,,0 aet
4L
j ti =ouc^ a c3at_a: angle cc 52 0� 20' and he = _
! inq 3ubtanded
: @L =] =aac LJ a 7C1n2
= 3`Ter3e _.jr-Tat-_.=.3; _ --
•ye" thenC3 3CUthaa3t3 =17, 3Cuz.%erl -7 and 3Cut1WeEt3rl -T j, -asL
'a along the a== 1 ..- _C11ar Cam 1a concave Yest3ri -P .7a`7ina 1
'4O.JO feet `:Ieugn 3 cant =a'_ ands
y; Lei: - _
^ ct_`cec by a chord vhic to O•! 90 -13' Tea_
tha ?oint a:
_cntsini. ^.q 1.75 acrca =cra or ,{a3Nb.
! Psi ea =fags 3 =3 _aaec to _:a 3 Y a: _ac= T -_n --
i ^?C "_•]�•_. v91-. 'T
aeg. 7-agineer3 and ana� urT v_c
i.
:fOt 7J ii.. Yn13as aalCC33 to _.':a ?L :. 3,3i0na '] 3 dl
Ga
9e =: :L -130 OB: :c'd 3 amt ?e1 bay •ant
'ata: \pr1: 30,
00
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POOR QUALITY ORIGINAL
71
— 'V'1—'Z0rl "MILLI.3AaTCN A ?SE7_ :tag
00 19015
it 0 15 4 3
f I1CN
/ \I
.�
?1.iL ?COS`.._. -71037 �'. - _�-7L•S1 - -?1
_
-.. -_.ate` JUnt
- _Q:1C.
j :�C��a] inu )r� :aege T_�eexdtl
-
- - ••'_.. ••
rCcntinuad -= =� -aSa
thenc3 3outherly 74.73 feet along the a =g of a ci =cull_ cnr7e
concave weatarly having a radius o: 400.00 faet through 3
c3nt=a1 angle at 10'42'41' and beiaq 3ubtanded :y a good rhi,,,
yea^ scut! 3aat 74. j7 faat to a .c -at
C= :Star3; -
thenca 3cutheantar1;, 44.02 fnet along the 3== 3f a -' -anlar
cure concave northeaetarl -T having a raciva 0. 40.,,0 aet
4L
j ti =ouc^ a c3at_a: angle cc 52 0� 20' and he = _
! inq 3ubtanded
: @L =] =aac LJ a 7C1n2
= 3`Ter3e _.jr-Tat-_.=.3; _ --
•ye" thenC3 3CUthaa3t3 =17, 3Cuz.%erl -7 and 3Cut1WeEt3rl -T j, -asL
'a along the a== 1 ..- _C11ar Cam 1a concave Yest3ri -P .7a`7ina 1
'4O.JO feet `:Ieugn 3 cant =a'_ ands
y; Lei: - _
^ ct_`cec by a chord vhic to O•! 90 -13' Tea_
tha ?oint a:
_cntsini. ^.q 1.75 acrca =cra or ,{a3Nb.
! Psi ea =fags 3 =3 _aaec to _:a 3 Y a: _ac= T -_n --
i ^?C "_•]�•_. v91-. 'T
aeg. 7-agineer3 and ana� urT v_c
i.
:fOt 7J ii.. Yn13as aalCC33 to _.':a ?L :. 3,3i0na '] 3 dl
Ga
9e =: :L -130 OB: :c'd 3 amt ?e1 bay •ant
'ata: \pr1: 30,
00
W
'rn
POOR QUALITY ORIGINAL
June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - Bay Colony Community Association temporary beach restoration easement
Paqe 9 of 11
1
_ WILSON, MILLER, BARTON & PEEK, INC.
Engin en• Plmmm Surveyor.:.andxape Atehitect% Fnvironrnenlat Conlultanu $ Comttvaion ltsna� -a
XJra" Aofr o".I C—, Sine = 3370 B.ik, L— ■ Akpon Rod 4.pkm Florida 13941 -(3131649-4W Fu {1113)64 }5716
1
Description of part of Tract A,
Pelican Bay Unit Eight,
Plat Book 15, pages 27 through 29
Collier County, Florida
(Northerly Commons Area)
EXHIBIT Q ij PAGE $_OF
O
O O
O
All that part of Tract A, Pelican Bay Unit Eight, as recorded in P12t Book 15, pages 27 thrtlpph
29 inclusive of the Public Records of Collier County, Florida and being more particulg O
described as follows; ;sz ern
Commencng at the southwesterlymost corner of Parcel 2, conservation area (D.E.R. permit /l 1-
503769) as shown on said plat;
thence along the State of Florida Department of Natural Resources and Collier County Coastal
Construction Control Line (per C.C.LB. 1. pages 13 through 25, recorded July 29, 1980),
South 11'23'56' East 247.21 feet;
thence continue along said Collier County Coastal Construction Control Line, South 10.39'14"
East 302.04 feet to the POINT OF BEGINNING of the parcel herein described;
thence leaving said North 04.07'55" East 7.33 feet;
thence South 81'30'20' East 19.54 (eel C
thence 184.81 feet along th5,,*. 3 n to e l rculaz curve concave aster
having a radius of 255.00 .a•exr7trtl !m 14 1'27' and being subtendaf a°
by a chord which bcars'•' u 7'34• Fast 180.1 ; s
thence South 60' l7 SO 15.11 feet;
thence North 29'4 10' W 7.50 t;
thence South 60175q'� 71 f Ilier Co ty tal Constroction
Control Line;
thence laving said li e, 5 I ee M High Water Lane
(1.5 NGV Dwltouz�ne E a o e
thence along said M i h at 't e, 2' W ,17.18 feet;
thence laving' "iii w „ 9 •4 • t 9.98 fct :o said
Collier Counry Construction Control LiriQd th Poi ginning;
containing 1.03 acres moie less;
subject to easements and ctdons of record ;
bearings are assumed and the southerly line of Tra l bee ii g West.
- �"
WILSON, MILLER, BARTO
A BY... DATE _ /0, ��% 7Z
J ,, ep . ; Soggs, P.L. ' 16
s .
0.
Not valid anlesstmtiossed with the Professional's seal.
.,
W.O. • 15074:2:,•'
Ref: 41-1050 (JSB :kjd)
Date: December 17, 1992
SrMM= "A"
PAGE 5 OF 7
tvr7m41mmn .W
Naples Fort Myen Sarwara Ukekard
(31316.9 -" (Ili) 919.101a (1111 PI -3690 (3131 641.147r
Fu A 131 64 3-3716 Fact (3111 1394479 Fu (1113) 3774M Fart (21T 6444CS
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June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - Bay Colony Community Association temporary beach restoration easement
Page 10 of 11
LE-
R.
:::c"::t;cn 7f 7ar. ii 7:zcl
3.q Unit
2cok 15. :)ag--- :7 ...rcugn
C�dier Cjunt-i, 7-ionca
Southeriv czmmons Art.-)
------------
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June 5, 2013 Pelican Bay Services Division Board Regular Session
5b. Administrator's Report - Bay Colony Community Association temporary beach restoration easement
Page 11 of 11
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June 5, 2013 Pelican Bay Services Division Board Regular Session - 5cii. Administrator's Report - Crosswalks * Recommendation to update signatge and striping to current MUTCD standard -
(Photo of OLD MUTCD standard at Myra Janco Daniels Boulevard crossing)
Page 1 of 1
June 5, 2013 Pelican Bay Services Division Board Regular Session - 5cii. Administrator's Report - Crosswalks " Recommendation to update signatge and striping to current MUTCD standard -
(Photo of NEW MUTCD standards adds signage and moves striping farther from crossing)
Page 1 of 1
1
June 5, 2013 Pelican Bay Services Division Board Regular Session
6a. Chairman's Report - Rescheduling July 3 Board meeting and Summer schedule recap
Page 1 of 1
From: Gwen Rasiwala
To: ResnickLisa
Subject: RE: Community Center meeting room available July 10th?
Date: Friday, May 24, 2013 8:57:27 AM
Already done ... spoke with Tom Cravens yesterday afternoon. Pending confirmation of date
change at the June PBSD board meeting.
Sincerely,
�Iveff
Gwen O. Rasiwala
Community Center Manager
Pelican Bay Foundation, Inc.
Community Center
8960 Hammock Oak Drive
Naples, Florida 34108
Tel: 239.260.8998
Fax: 239.596.3187
M .. • .
'A Guaranteed Quality Customer Experience'
* * * * * The information transmitted is intended only for person or entity to which it is addressed and may contain
confidential and /or privileged material. If the reader of this message is not the intended recipient you are hereby
notified that you have received this message in error and that any review, dissemination, distribution or copying
of this message including any attachments is strictly prohibited. If you received this in error, please contact the
sender and delete the material from any computer. * * * **
From: ResnickLisa [mai Ito: LResnick@coll iergov. net]
Sent: Friday, May 24, 2013 8:57 AM
To: Gwen Rasiwala
Subject: Community Center meeting room available July 10th?
Hi Gwen,
Pending availability of meeting space at the Community Center, the PBSD is likely to reschedule it's July 3
Regular Board meeting to July 10. Would you please "hold" an adequate size room for July 10 at 1 p.m. - 5
P.M.?
Thanks, Lisa
June 5, 2013 Pelican Bay Services Division Board Regular Session
fi 7ai. Clam Bay Subcommittee Report - Management Plan Update - Clam Bay Stakeholder Information (Revised by Tim Hall, May 28, 2013)
Page 1 of 3
Based on Stakeholder input received to date, we respectfully submit the following topics as
priorities to consider in the formulation of the new Clam Pass Natural Resource Protection Area
Management Plan.
Protect and enhance environmental health of the System
Maintain and Protect native floral and faunal communities (biodiversity)
throughout entire system
• Mangroves
■ Maintain hand dug flushing channels
• Benthic
■ Seagrasses
■ Clams
■ Oysters
• Dune
• Offshore Hardbottom
Maintain sufficient tidal flow through the Pass to maximize benefits to the System
• Minimize dredging to the least environmentally damaging practicable alternative
• Not for navigation (incidental only)
• Not for beach nourishment (by product only)
• Material compatible with beach should remain in the system
• Avoid dredging of incompatible beach material whenever possible,
account for disposal when avoidance is not possible
• Dredge only those areas necessary to achieve the flow benefits based on
conditions at time of dredging
■ Historical basis
■ Modeling
o Establish metrics to determine when dredging for system health is needed
■ Tidal
■ Survey
■ Biological
Improve Water Quality
• Coordinate with upland developments to improve upstream inputs
• BMPs to reduce surface water pollutant loading
• Copper sulfate and other in -water treatments
• Reduce re -use water
• Insure adequate freshwater inputs (not too much or too little), quality and timing
necessary for long -term conservation of the system
June 5, 2013 Pelican Bay Services Division Board Regular Session
7ai. Clam Bay Subcommittee Report - Management Plan Update - Clam Bay Stakeholder Information (Revised by Tim Hall, May 28, 2013)
Page 2 of 3
- Protect Listed Species
• Manatee
• Sea Turtle
• Gopher Tortoise
• Smalltooth Sawfish
• Shorebirds and Migratory Birds
- Address existing recreational uses within the system. Emphasize passive recreation
• Fishing / Clamming
• Beach activities
■ Swimming
■ Sunbathing
• Nature appreciation
• Boating
• Non - motorized
• Motorized
• Idle Speed / No Wake enforcement
• Access issues to the north of the pass
o Signage or other methods
- Monitor System to insure health and success of management activities
• Surveying
• Pass
■ Tidal creeks
• Biological
• Mangroves
• Seagrasses
• Exotic and Nuisance Species
• Wildlife
• Terrestrial
• Birds
• Fish
• Benthic communities
• Tidal
• Range
• Phase Lag
• Freshwater Inputs (Rainfall and Re -Use)
• Water Quality (continue ongoing monitoring programs PBSD and County)
• Nutrients
• Fecal coliforms
• Dissolved Oxygen
■ Copper
■ Seagrass or other benthic community responses
June 5, 2013 Pelican Bay Services Division Board Regular Session
7ai. Clam Bay Subcommittee Report - Management Plan Update - Clam Bay Stakeholder Information (Revised by Tim Hall, May 28, 2013)
Page 3 of 3
Additional Items that should be addressed in the Management Plan
o Educational Opportunities
o Eco- tourism
o Protection of Cultural Resources
o Stakeholder Representation
o Ability to modify Plan to take into account changing conditions or monitoring
results
o Permits
June 5, 2013 Pelican Bay Services Division Board Regular Session
•'"` 7aiv. Clam Bay Subcommittee Report - Proposal for monitoring Clam Pass (Humiston & Moore Engineers)
Page 1 of 6
HUMISTON
& MOORE
ENGINEERS
COASTAL
ENGINEERING DESIGN
AND PERMITTING
April 30, 2013
MEMORANDUM
To: Neil Dorrill
From: Brett D. Moore
Regarding: Clam Pass Interim Permit Coordination & Monitoring
HM File No. 13- 078/22 -063
5679 STRAND COURT
NAPLES, FLORIDA 34110
FAX 239 594 2025
PHONE: 239 594 2021
At this point we recommend the following items be considered to remain proactive with the on-
going management of Clam Pass. This work is intended to be done while the PBSD is in the
process of developing a long range plan for the inlet. The following presents a Scope of Work and
related costs for proactive interim coordination with the state and federal agencies and monitoring
of the inlet.
1) Permits:
a. USACE: The authorized work under the existing nationwide permit from the U.S. Army
Corps of Engineers has been completed. It is suggested that a new Nationwide permit be
filed with the USACE to allow for removal of sand from Section A in case of a storm
related sand deposition at the inlet entrance that could lead to inlet closure. H &M
proposes to provide support to Turrell Hall and Associates, Inc. who we understand
would take the lead with the USACE on the permitting. This scope allows for one
meeting with the Corps and development of permit drawings to support the request.
b. DEP: A copy would be filed with DEP to keep the state on notice that we are not
intending to take the permit modification and extend that operation for 10 years, rather
that we want to be able to dredge if there is potential for closure from large storm events
before the 10 -year Plan is completed and filed. H &M would take the lead with the state
DEP on this request. Discussions with the DEP would also include potential grading
authorization from the DEP under their existing permit above MHW if persistent
escarpments form exceeding the limitations in the DEP permit requiring coordination with
the Florida Fish and Wildlife Conservation Commission (FWC) or if sand builds up on the
north or south sides of the inlet and immediately adjacent shoreline from high wave
activity.
Permitting Budget (item 1): $14,000 (T &M)
(Note: Item 1a does not include time from THA)
2) Monitoring:
H &M will analyze hydrographic survey data under the attached plan to be collected by
Agnoli Barber and Brundidge (ABB) for 3- months, 6- months, and 12 months since the
completion of the dredging of Clam Pass as of April 1, 2013. It is recommended that
annual hydrographic surveying program be continued annually thereafter to be conducted
and reviewed in concert with the tidal monitoring data. In addition, H &M will collect
current measurements within sections A, B and C at appropriate tidal conditions near the
timing of the hydrographic survey. This will include monthly oblique aerials.
a. 3 -Month survey and two page summary with comparative plots prior to, following
and 3 months following dredging.
Budget (2a): $16,160 (LS)
June 5, 2013 Pelican Bay Services Division Board Regular Session
7aiv. Clam Bay Subcommittee Report - Proposal for monitoring Clam Pass (Humiston &Moore Engineers)
Page 2 of 6
b. 6 -Month survey and two page summary with comparative plots prior to, following,
3- months and 6- months following dredging. Budget (2b): $16,160 (LS)
c. 12 -Month survey (April 2014) with a report of annual volumetric changes and
comparative plots and presentation of results. This report will include the results of
the current measurements as well. Budget (2c): $26,290 (LS)
Total Monitoring Budget (Item 2): 5$ 8,610 (LS)
Total Permitting & Monitoring (Items 1 and 2): $Z2.$14-
Attached are a summary sheet of costs and an illustration showing the scope of survey.
June 5, 2013 Pelican Bay Services Division Board Regular Session
7aiv. Clam Bay Subcommittee Report - Proposal for monitoring Clam Pass (Humiston & Moore Engineers)
Page 3 of 6
Date: April 30, 2013
Tasks
Clam Pass Permitting and Monitoring
Budget
H &M
Sub
1.0
DEP and USAGE Interim Permitting Support (T &M)
$14,000
$14,000
$0
Subtotal 1)
$14,000
114,000
0
2.a
Hydrographic
Monitoring - 3 months brief summa (LS)
$16,160
$6,960
$9,200
2.b
H drographic
Monitoring - 6 months with brief summary (LS )
$16,160
$6,960
$9,200
2.c
H drographic
Monitoring - 12 months with report & presentation
to PBSD (LS)
$26,290
$16,790
$9,500
Subtotal (2)
$30,710
IZZ,900
Totals (1 +2)
610
S4d.710
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June 5, 2013 Pelican Bay Services Division Board Regular Session
7ay. Clam Bay Subcommittee Report - Proposal for developing a Nationwide permit application (Turrell, Hall & Associates, Inc.)
Page 1 of 1
TURRELL, HALL &ASSOCIATES, INC.
MARINE & ENVIRONMENTAL CONSULTING
3584 Exchange Avenue, Suite B • Naples, Florida 34104 -3732 • (239) 643 -0166 • Fax 643 - 6632• thall@twTellassociates.com
May 13, 2013
Mr. Neil Dorrill
Pelican Bay Services Division
5672 Strand Court, Ste 1
Naples, FL 34110
Re: Proposal for Permitting Services
Clam Pass Federal Maintenance Dredge Permitting- Contract No. 09- 562 -S2
Dear Mr. Dorrill:
Turrell, Hall & Associates, Inc. is pleased to provide you with this proposal for permitting services to Collier County, via
Pelican Bays Services Division (PBSD). Based on our discussions, it is our understand you would like to apply for a
Nationwide Permit to maintenance dredge Class Pass as- needed. The work proposed would be conducted by Turrell, Hall
& Associates, Inc. (THA) and our subcontractor, Humiston & Moore Engineers (H &M). Our scope of services would
be as follows to obtain a maintenance dredging permit:
Prepare and submit new Nationwide Permit an lin cation: THA and H&M will prepare updated design and permit
drawings at the direction of the Pelican Bay Services Division (PBSD) for the dredging of Clam Pass. The plans
will be based on updated hydrographic and beach profile data and on the most recent benthic resources surveys
conducted. THA and H&M will also provide background to the USACE, any new engineering required, submit
the Nationwide permit application, attend meetings (including pre -app) with the USACE staff, and provide
responses to commenting parties as a result of the new application ......................... .....................$18,100.00
2. Coordinate with U.S. Fish & Wildlife Service ( USFWS): THA will coordinate and meet (if necessary) with
USFWS as to the applicability of the existing Biological Opinion (BO), as pertaining to this maintenance dredge
permit. (If the USFWS determines the existing BO is not applicable to this project, then a new proposal will be
given to move forward in its processing) .................................... ............................... ......................$1,400.00
We feel it is unlikely the USACE will issue a blanket Nationwide permit for an undefined dredge project. Normally they
will require dredge amounts, methods at construction and timeframe, all of which we would be unable to provide until
the dredging is needed. As such we strongly suggest a pre - application meeting be held with them before getting too far
into this process to make sure that Nationwide Permitting is the appropriate path.
Please feel free to contact me with any questions.
Sincerely,
Tim Hall, Vice President
1-11 -N - 38d 9 9E d
®
TURRELL,HAL & ASSOCIATES. INC.
CLAM BAY NUTRIENT MANAGEMENT
Marine & Environmental Consulting
3584 Exchange Ave. Suite D,
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Naples, Fl.
Phone: (239) 643-0166
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TURRELL,HAL & ASSOCIATES. INC.
CLAM BAY NUTRIENT MANAGEMENT
Marine & Environmental Consulting
3584 Exchange Ave. Suite D,
Naples, Fl.
Phone: (239) 643-0166
TEST POINT LOCATIONS
Fax: (239) 643 -6632
643 -6 32
ail: tu—C&W rell -as iates.conu
June 5, 2013 Pelican Bay Services Division Board Regular Session
7bi. Landscape & Water Management Committee
Recommendation that PBSD Board approve $15,000 for installation of floating islands in Lake 5 -3 contigent on approval by Avalon Board
Page 1 of 2
ResnickLisa
From: LukaszKyle
Sent: Tuesday, May 21, 2013 5:26 PM
To: ResnickLisa
Subject: FW: Avalon algae
Follow Up Flag: Follow up
Flag Status: Flagged
Lisa - Here is the positive response from Mr. Hughes, the president of Avalon,
regarding the installation of floating islands on the Avalon lake.
Kyle
- - - -- Original Message---- -
From: jhughes @sio.midco.net [mailto:jhughes @sio.midco.net]
Sent: Tuesday, May 21, 2013 9:29 AM
To: LukaszKyle
Cc: Paul Gilbert; Penny Hooper; saintcroixman @aol.com; jetinaples @comcast.net;
ageorgerl @gmail.com
Subject: Avalon algae
Mr. Lukasz, I am pleased to report that all of our Board members are supportive
of your proposal to install Beemats in our main lake. If you need any assistance
in obtaining Pelican Bay approval, we will be happy to participate.
If bubblers are considered, we would like to be consulted on the placement of the
compressors, so as to minimize any noise that might adversely affect some
residents. Having looked at the bubblers at Breakwater, I feel confident that
this potential problem can be overcome.
We are also considering re- routing some downspouts underground to minimize runoff
across the grass and into the pond. If you would prefer that we delay this action
until the effectiveness of the Beemats is measured, please let me know.
We have met with our landscape company (Juarez), and are assured that all
recommended fertilizing and mowing procedures are being followed.
We appreciate your interest in our algae problem, and look forward to working
closely with you on the development of a solution.
John Hughes
Avalon Board President
Under Florida Law, e -mail addresses are public records. If you do not want your
e -mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by telephone or in
writing.
June 5, 2013 Pelican Bay Services Division Board Regular Session
7bi. Landscape & Water Management Committee
Recommendation that PBSD Board approve $15,000 for installation of floating islands in Lake 5 -3 contigent on approval by Avalon Board
Page 2 of 2
Beemats LLC
3637 State Road 44
New Smyrna Beach, FL 32168
Pelican Bay Services
Kyle Lukas
Proposal
Project
4/30/2013
Quantity
Description
Rate
Total
2,500
sq. ft. - Complete Mat System with Plants
6.00
15,000.00
2.3 acres (43,560 X 2.3 = 100,188 square feet)
2.5% surface area coverage is 2,505 square feet. We rounded to 2,500 square
feet.
We would suggest 5 - 500 square foot islands.
Place them around the pond in strategic areas to help filter moving water.
Subtotal $ 15,000.00
Sales Tax (6.5 %) $0.00
Total $15,000.00
June 5, 2013 Pelican Bay Services Division Board Regular Session
7bii. Landscape & Water Management Committee
Recommendation that PBSD Board approve mass mailing of "Water Pollution in Pelican Bay" brochure
Page 1 of 3
ResnickLisa
From: Henry Bachman [hl.bachman @gmail.com] on behalf of Henry Bachman
[h.bachman @ieee.org]
Sent: Thursday, May 23, 2013 9:49 AM
To: office @pelicanbayservicesdivision.net
Subject: Message To the PBSD BOD
Please refer this message to all of the PBSD members of the BOD. I could not find a link on the PBSD web site to do this.
Adding such a link would be helpful in the future.
MESSAGE TO THE MEMBERS OF THE PBSD BOD
Yesterday, I attended a very illuminating meeting by your Chairman, Tom Cravens, on the matter of ground water
problems in Pelican Bay. I applaud the PBSD for the actions he outlined to ensure that we maintain the quality of our
ground water.
However, I do take exception to the PBSD brochure that he distributed at the meeting entitled, " WATER POLLUTION in
Pelican Bay ". The implications of this title and other subtitles, such as, "PELICAN BAY IS FACING A SEVERE PROBLEM ",
may have a serious impact on how outsiders view the attractiveness of our community. Tom spoke of how preserving
our ground water quality can have a beneficial effect on home values. Unfortunately, as I see it, this brochure will have
just the opposite effect.
I would suggest that you destroy and cease the distribution of the existing brochure and create a new one which
outlines the actions that are necessary in a more positive manner. The message should be that we want to "maintain,
preserve, ensure, etc" the water quality rather than correct a "pollution" problem.
Thank you for your attention to this matter.
Henry Bachman
Claridge Condominium Association, Director
h.bachman @ieee.org
239 - 325 -9234
207 - 776 -8418 (C)
From:Susan O'Brien [naplessusan @comcast.net]
Sent:Thursday, May 23, 2013 10:51 AM
To:ResnickLisa
Subject:Re: Message To the PBSD BOD
Hi Lisa, I don't think the entire Board has seen the brochure that Mr. Bachman refers to (at least I haven't seen the one
that is being distributed). I would appreciate your including it with the materials for the June 5 meeting.
Thanks very much.
Susan O'Brien
June 5, 2013 Pelican Bay Services Division Board Regular Session
7bii. Landscape & Water Management Committee
* Recommendation that PBSD Board approve mass mailing of "Water Pollution in Pelican Bay" brochure
Page 2 of 3
Do Your Best to Ensure Clean
Ground Water & Healthy Waterways
• Use only landscape maintenance companies whose technicians
are trained and licensed in BMP ("Florida Certification for Urban
Landscape Commercial Fertilizer Application"). During fertilizer
application, be sure there isappropriate on-site supervision.
• Use fertilizer application rates recommended by the Florida-
Friendly Best Management Practices for Protection of Water
Resources by the Green Industries. Those can be accessed at http:/
fyii.ifas.u.fl.edu/profe,ssionals/GI-BMI-1–publications.htm.
• Limit nitrogen usage to 4-6 lbs./1000 sq. ft./year.
• Limit phosphorus usage to 0.5 lb./ 1000 sq. ft./year.
• Whenever possible, use slow-release fertilizer.
• Do not fertilize during the rainy season Dune I - September 30) or
prior to forecasted storms
Be sure no fertilizer is used within 10 feet of groundwater,
including lakes, except to establish new landscape and then for
no more than 30 days after planting.
• When installing new landscape, use drought-resistant plants that
require minimal fertilization.
• Be mindful that reclaimed water used for irrigation already
contains most of the nitrogen and phosphorus needed for grass
fertilization. Little or no additional fertilizer may be needed.
-IPelican Bay
Services
Division
Municipal Service Taxing 81 Benefit Unit of Collier County, Florida
801 Laurel Oak Drive, Suite 605, Naples, FL 34108
Tel. 239.597.1749 1 Fax 239,597.4502 • office (�t, pelica n bayservicesdivisioii.n et
xi
777
PELICAN BAY IS FACING...
Its waterways--inland lakes and Clam Bay—are
being polluted by high level; of fertilizer runoff
and copper algaecide.
Nutrients from the runoff—dissolved nitrogen
and phosphorus—cause algae bloom, a threat
to aquatic plants and wildlife. To deal with
algae buildup, a copper algaecide his been
applied over an extended period of time.
Through accumulation, copper—itself a p0lIUt-
ant —has reached alarmingly high levels in our
freshwater lakes.
Those lakes are not subject to federal or state
regulation. But pollution — leading to unsightly
sludge, odor and dead wildlife--affects qual-
ity of life and property values of people who
live nearby. And Clam Bay, downstream of the
lakes, is highly regulated and has strict limits
on pollution.
The maximal acceptable level for dissolved cop-
per is 3.7 micrograms per liter. Current levels in
Inner and Outer Clam Bay are 7.7 and 9.0, re-
spectively, marginally out of compliance. But
dissolved copper in the 44 lakes that feed Clam
Bay ranges from 12 to 3870 micrograms per liter,
with an average close to 350. Continuing copper
buildup will lead to further migration to Clam
Bay and eventually a major pollution problem.
Several everal approaches are being taken to deal with
this problem.
June 5, 2013 Pelican Bay Services Division Board Regular Session
7bii. Landscape & Water Management Committee
* Recommendation that PBSD Board approve mass mailing of "Water Pollution in Pelican Bay" brochure
A SEVERE PROBLEM.
(1) The Pelican Bay Services Division (PBSD) is
exploring ways to reduce nutrient levels in the
lakes as a means of controlling algae buildup.
The use of selective bacteria in combination
with aeration and littoral plantings will be
tested in Basin 3, the central section of the
freshwater lakes. Algae that does form will be
removed mechanically or treated with non-
copper algaecides. If this pilot program is suc-
cessful, it will be expanded to other basins.
(2) To deal with fertilizer misuse, the heart of
the problem, the PBSD is undertaking a com-
munity awareness program—a follow-on to a
recent county ordinance (11-24) which man-
dates that Best Management Practices (13MP) be
followed throughout Collier County.
Dealing with this problem is everyone's re-
sponsibility. If we are to have clean groundwa-
ter and healthy waterways in Pelican Bay, it is
essential that fertilizers be used in accordance
with BM V
A specific list of things every condominium
association, homeowner association and indi-
vidual homeowner can and should do is high-
lighted on the next page for your reference.
The Pelican Bay Services Division, working
in concert with the Pelican l3av Foundation,
urges all residents of Pelican. Bay to follow these
guidelines. The health of our lakes and estuary
depends upon it.
June 5, 2013 Pelican Bay Services Division Board Regular Session
7biv. Landscape & Water Management Committee - ` Recommendation that PBSD Board approve $4,000 for Turrell, Hall & Associates, Inc.
sampling and copper measurements in sediments to be taken from twelve lakes (two in each basin)
Page 1 of 1
TtURRELL, HALE., & AssoCIATES, Inc.
MARINE '& ENi1IRONMENIAL CONSULTING
3584 Exchange Avenue, Suite 13 • Naples, Florida 34104 -3732 • (239) 643 -0166 e Fax 643 -0632• thali!a`,.tunrell- assomates.com
May 6, 2013
Pelican Bay Services Division
Mr. Kvle Lukasz
801 Laurel Oak Drive, Suite 605
Naples, FL 34108
Re: Proposal for Professional Lrivironmental Services
Sediment Sampling Collection and Analysis
Dear Mr. Lukasz:
Turrell, Hall & Associates, Inc. is please to provide you with this proposal for environmental services. It is our
understanding that you would like for us to conduct broad sediment sampling within the basins of the Pelican
Bay stormwater lake system, established during the quarterly water quality sampling we began in 2011 for The
Pelican Bay Foundation. Our scope of services for this one time collection and lab analysis is found below.
Data Collection:
• Conduct sediment sampling using two sample locations per each basin, as previously illustrated for
thePelican Bay Foundation ................. ............................... .........................$3,644
Data Lab Analysis:
• Lab Analysis for water quality sampling;
• Copper and Aluminum ........................................ ...........................$28I Sample
• RCRA 8 Contaminants (if desired ) ............................ ........,...............$114 / Sample
(Arsenic, barium, cadmium, chromium, lead, mercury, selenium, silver)
Please feel free to contact us with any questions.
Sincerely,
Tim Hall
Senior Ecologist