Backup Documents 03/22/2016 Item #16A17 ORIGINAL DOCUMENTS CHECKLIST & ROUTING L
E A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT
17
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGAN NIP
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
One- 32z Ici0
4. BCC Office Board of County
Commissioners \(1S--/ // 3\-zZ\\\.,
5. Minutes and Records Clerk of Court's Office
7)rn 3122114 3:290n
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff ,` Phone Number
Contact/ Department (L}1 � 41 r. A es
Agenda Date Item wasU Agenda Item Number i A��
Approved by the BCC //lv 'lR s `
Type of Document Number of Original
Attached CLO-eIx Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? N,`ff.
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. C k
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed a ,
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's n
Office and all other parties except the BCC Chairman and the Clerk to the Board (,YV '
5. The Chairman's signature line date has been entered as the date of BCC approval of the Cffie
document or the final negotiated contract date whichever is applicable. 1J�1��'SCC!!
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. V'"v
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on3/ 3//j¢nter date)and all changes made
during the meeting have been incorporated in the attached document. The County Vll t
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the ti
Chairman's signature. \\
GCA. \. Z���o / �(•\e.X-\ \mgas.�
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.03;Revised 11/30/12
1 6 A 17
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Thursday, April 07, 2016 3:00 PM
To: HambrightGail (GailHambright@colliergov.net)
Subject: Doctor's Pass Submerged Lands Easement (BCC 3-22-2016#16A17)
Attachments: Submerged Lands Easement (Item #16A17 BCC 3-22-16).pdf
Hi Gail,
Here's a copy of the Submerged Lavtds Easemevtt
(Itewt #16A17) from the BCC's March 22, 2016 Meeting.
There's also a copy of the FedEx shippivtg slip avid the
vtote I ivtcluded for Ms. McCall w/the Bureau of
Public Lavtds ivt Tallahassee.
Thavtk you for your help!
Avtvt Jevwtejohvt, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustwtevtt Board
Collier Couvtty Board Mivtutes & Records Dept.
2.39-252-84010 Fax 239-252-8408
1
16 A 17
County 'of Collier
CLERK OF THE CJRC` IT COURT
COLLIER COUNTI'XOUR LOUSE
3315 TAMIAMI TRL E STE 102 Dwight E.Brock-dierk of circuit Court P.O.BOX 413044
NAPLES,FL 34112-5324 NAPLES,FL 34101-3044
Clerk of Courts • Comptroller • Auditor ustcdian of County Funds
f•
April 7, 2016
Cheryl C. McCall, Chief
Division of State Lands Bureau of Public Land Administration
State of Florida Department of Environmental Protection
3900 Commonwealth Boulevard MS 100
Tallahassee, FL 32399
Ms. McCall,
Attached for further processing, please find Sovereignty Submerged Lands Easement
(No. 41794) granted by the Board of Trustees of the Internal Improvement Trust Fund
of the State of Florida to Collier County for the rehabilitation of a jetty at Doctor's
Pass in Collier County, Florida. [BOT File No. 110239085]
For all matters associated with this project, please contact the Collier County Coastal
Zone Management Program's Project Manager Gary McAlpin, at 239-252-5342.
If you have any questions regarding this correspondence, please feel free to contact
our office at (239) 252-8406.
Thank you.
DWIGHT E. BROCK, CLERK
Ann Jennejohn,
Deputy Clerk
Enclosure
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com
16A17
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16A17
This Instrument Prepared By:
Tiana Brown
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee,Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS EASEMENT
BOT FILE NO. 110239085
EASEMENT NO.41794
PA NO. 0334007-001-JC
THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of
the State of Florida,hereinafter referred to as the Grantor.
WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated
herein,the Grantor does hereby grant to Collier County,Florida,hereinafter referred to as the Grantee,a nonexclusive
easement on,under and across the sovereignty lands, if any,contained in the following legal description:
A parcel of sovereignty submerged land in Section 28 ,
Township 49 South,Range 25 East,in Gulf of Mexico,
Collier County,as is more particularly described
and shown on Attachment A,dated March 18,2015.
TO HAVE THE USE OF the hereinabove described premises for a period of 10 years from November 16,2015,
the effective date of this easement. The terms and conditions on and for which this easement is granted are as follows:
1. USE OF PROPERTY: The above described parcel of land shall be used solely for rehabilitation of a jetty and
Grantee shall not engage in any activity related to this use except as described in the State of Florida Department of
Environmental Protection Consolidated Joint Coastal Permit No.0334007-001-JC,dated November 16,2015,incorporated
herein and made a part of this easement by reference. All of the foregoing subject to the remaining conditions of this
easement.
2. EASEMENT CONSIDERATION: In the event the Grantor amends its rules related to fees and the amended rules
provide the Grantee will be charged a fee or an increased fee for this activity,the Grantee agrees to pay all charges required by
such amended rules within 90 days of the date the amended rules become effective or by a date provided by an invoice from
the Department,whichever is later. All fees charged under this provision shall be prospective in nature;i.e.they shall begin to
accrue on the date that the amended rules become effective.
[40]
16A17
3. WARRANTY OF TITLE/GUARANTEE OF SUITABILITY OF USE OF LAND: Grantor neither warrants title
to the lands described herein nor guarantees the suitability of any of the lands for any particular use.
4. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States
and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement.
5. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS:
Grantee shall not damage the easement lands or unduly interfere with public or private rights therein.
6. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement is
nonexclusive,and the Grantor,or its duly authorized agent,shall retain the right to enter the property or to engage in
management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of
the property to third parties during the term of this easement.
7. RIGHT TO INSPECT: Grantor,or its duly authorized agent,shall have the right at any time to inspect the works
and operations of the Grantee in any matter pertaining to this easement.
8. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every
nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or
omissions of that party and the officers,employees and agents thereof. Nothing herein shall be construed as an indemnity or a
waiver of sovereign immunity enjoyed by any party hereto,as provided in Section 768.28, Florida Statutes,as amended from
time to time,or any other law providing limitations on claims.
9. ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without prior
written consent of the Grantor or its duly authorized agent. Any assignment or other transfer without prior written consent of
the Grantor shall be null and void and without legal effect.
10. TERMINATION: The Grantee,by acceptance of this easement,binds itself, its successors and assigns,to abide
by the provisions and conditions herein set forth,and said provisions and conditions shall be deemed covenants of the Grantee,
its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set
forth or in the event the Grantee violates any of the provisions and conditions herein,this easement may be terminated by the
Grantor upon 30 days written notice to Grantee. If terminated,all of the above-described parcel of land shall revert to the
Grantor. All notices required to be given to Grantee by this easement or applicable law or administrative rules shall be
sufficient if sent by U.S.Mail to the following address:
Collier County, Florida
Attention: Gary McAlpin
2800 N. Horseshoe Drive
Naples,Florida 34104
The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten(10)days before
the change is effective.
11. TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilities that accrue to the
subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind
and description which are now or may be hereafter lawfully assessed and levied against the subject property during the
effective period of this easement which result from the grant of this easement or the activities of Grantee hereunder.
Page 2 of 7 Pages
Easement No.41794
16A17
12. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Grantee does not remove said structures
and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and
equipment will be deemed forfeited to the Grantor,and the Grantor may authorize removal and may sell such forfeited
structures and equipment after ten(10)days written notice by certified mail addressed to the Grantee at the address specified in
paragraph 10 or at such address on record as provided to the Grantor by the Grantee. However,such remedy shall be in
addition to all other remedies available to Grantor under applicable laws,rules and regulations including the right to compel
removal of all structures and the right to impose administrative fines.
13. ENFORCEMENT OF PROVISIONS: No failure,or successive failures,on the part of the Grantor to enforce any
provision,nor any waiver or successive waivers on its part of any provision herein,shall operate as a discharge thereof or
render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches.
14. AMENDMENTS/MODIFICATIONS: This easement is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted,
acknowledged and executed by the Grantee and Grantor.
15. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein,the
Grantee shall obtain the U.S. Army Corps of Engineers(USACE)permit if it is required by the USACE. Any modifications to
the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the
prior written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign,submerged
lands.
16. ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS: No additional
structures shall be erected and/or activities undertaken,including but not limited to,dredging,relocation/realignment or major
repairs or renovations made to authorized structures,on,in or over sovereignty,submerged lands without the prior written
consent of the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor,such
activities or structures shall be considered unauthorized and a violation of Chapter 253,Florida Statutes,and shall subject the
Grantee to administrative fines under Chapter 18-14,Florida Administrative Code. If emergency repairs are required to be
undertaken in the interests of public health,safety or welfare,the Grantee shall notify the Grantor of such repairs as quickly as
is practicable;provided,however,that such emergency activities shall not exceed the activities authorized by this easement.
17. UPLAND RIPARIAN PROPERTY INTEREST: During the term of this easement,Grantee must have
satisfactory evidence of sufficient upland interest as defined in subsection 18-21.003(60),Florida Administrative Code,to the
extent required by paragraph 18-21.004(3)(b),Florida Administrative Code,in order to conduct the activity described in this
easement. if at any time during the term of this easement,Grantee fails to comply with this requirement,use of sovereignty,
submerged lands described in this easement shall immediately cease and this easement shall terminate and title to this
easement shall revert to and vest in the Grantor immediately and automatically.
18. ACCRETION INTEREST: In further consideration of the issuance of this easement by Grantor,Grantee
expressly waives any right,title or interest in and to any accretions or additions to Grantee's shoreline resulting from any
activity approved herein.
Page 3 of 7 Pages
Easement No.41794
6),
16A17
WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
Original Signature (SEAL)
BY:
Print/Type Name of Witness Cheryl C.McCall,Chief,Bureau of Public Land Administration,
Division of State Lands,State of Florida Department of
Environmental Protection,as agent for and on behalf of the
Original Signature Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida
Print/Type Name of Witness
"GRANTOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day of ,20_,by
Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of
Environmental Protection,as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State
of Florida. She is personally known to me.
APPROVED AS SUBJECT TO PROPER EXECUTION:
Notary Public,State of Florida
DEP Attorney Date
Printed,Typed or Stamped Name
My Commission Expires:
Commission/Serial No.
Page 4 of 7 Pages
Easement No.41794
e
16A17
WITNESSES: Collier County,Florida (SEAL)
By its Boar of County Com issioners
411,4:7741 /01 ,-------- BY:
lginal Signature Original S ature of Executing Authority
J. /il/CtM 6 2 ,Jl, t t- )Oh..-..o. V\0.
Typed/ inted Name of Witness Typed/Printed Name of Executing Authority
(---7s-4-442, Chairman
Original Signature Title of Executing Authority
\6e-q a r1 tcNi V\e.„:2747
Typed/Ptinted Name of Witness "GRANTEE"
STATE OF c\otf\.4"„ck,
COUNTY OF C�\\i r'
,The foregoing instrument was acknowledged before me this 7.2-And day of \--kcor-rSS\ ,20 1 (p,by
-liDa as Chairman,for and on behalf of Board of County Commissioners of Collier County,Florida. lie is personally
known to me or who has produced v\l), ,as ide ification.
Ste.,
My Commission Expires: G., 4-1_4.11E_ / i7
Notary Pc,
State of 'F`ov‘e.0
-Z-3 r,e.._Z'3 Zo "N. `
\(\ k v-t tc. . \�1 e ,
Commission/Serial No. FF ilR3% Printed,T ped or Stamped Name
( Y,P,,,� VIRGINIA A NEET
•�`
' _ '� � Notary Public-State of Florida
��, :My Comm.Expires Jun 23.2017 `
( i".F,'iP,I commission # FF 11938
,.'�4;,; '� Bonded Ttiridgt National Notary Assn
; TEST: .
DWIGHT Bo BROdic Cieltit
/ -
By' ... 4.i :1.
• s
signature ontyj - .
Approved as to form and legality
4 clAss istant County ttorney
Page 5 of 7 Pages
Easement No.41794
(59;.).
1 6 A 17
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DESCRIPTION
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EGEND liSKE11:71 ONLY- TB1S IS AOT A SURVEY**
LitiE TABLE Tv
0 .MUM,RONDA DEPAIIVENf OF PATURV..REStiM6 WES 019(
ggralidiffd,
UNE linia.412,4111- „
LI 1111r7filiffall 7128'
URVEYOR'S NOTES
. 1110r7A1111
11111MIIIIIIIIRD77711111 .
IN L• IM
1. BEARINGS SHOWN HEREON AREGRIDBEARINGS*NBASEDARE oRooNDUPON THEosTNORTH AMERICAN.iF.Asio:nDATUMffETOF, 0008Dito1983, 1990o3AEVUSTAENTsitow Am_
S72511111
NAD83/90) FLORIDA EAST ZONE isi.
L4 $ax 7 i• Wrirgal
Li ErINF51.1111RMIE
L6 1111770111111IMMI
GRID2. NOC°°RDIN4UTIDERGROUNDIES OR FOUNNTIONS WERE LOCATED LIMIER THE SCOPE OF NS SURVEY.
L7 IIIMMIS1111 23.64.
L8 i,1111r=c7r101111111rMill
3. MEAN HIGH WATER LINE ELEVATION OF DO cloNNAVVsysirm'86)LS ramBASEDNs)UPON
L9 ;1-1Cr13 illirgli
DETERMINED USING THE LAND BOUNDARY REM PIDE-98394PERPOLATION-2°°1 TIDAL EPOCH
AND 1145
LID 8r30's•V 12.18'
SURVEYED ON DECEMBER 2Z 2014.
IIIMMII
L11 1111.7Mirrall ,
L12 illrOlitinilli9-53
LEGAL DESCRIPTION
11111iIiIMINIC77571011111 ,
L14 IIIIIMMI71111 .
A PARCa OF SUBMERGEDLAND LYING AD.14CENTcou COWER
colOotily,THE FLMEAN HiGtilatoWATERitoRLEINEpofincuARLOF THE GuyLoacReEr OF moDucoAsiNfoSECTIONtiows. 28,
L15 111113171011111111111171111
TOWNSHIP 49 SOUTH, RANGE 25
°F.REFERfliCHC RECORDSWIAMILLI187 1487°r" IFIn111118 7:
COMMENCING AT DEPARTMENT 49 far TO THEfogaof MONUME:g641.-R784GEs-Al 5FOR4-64A.THP2MTPOINT.0F.THEAcEBEoyolivo imin ,
OF
u4SOLprEsord43;19NO9 cONTEAST:roLEAVIReNUENTALLINE. AS RECORDED IN
PROJECTION IN04sTALALOE0SEISACK NG SAIL)
EROSION
410 F:INTC0NFRALSOOLBEING 76:37};puassT jia.jr
385'79'4 _
NORTH
38'4742 EAST, of& 11.28 •
OF COWER COUNTY,
alirtnx,IMIll
; RIME NORTH 13
OUP17311
__-
SOUTHFEE1 DIENCE762344SOUTH"WESFITIY°R2.141D475:2'ThLAST eicE4S°UM1.00 FEETwATTRTOLIDi6:MEAN50416. WESt:Kil2oWA1.1 38.0.1ER7..wfsr_LINEFEET:.....29.0F7:6.1HE9.;..901/17:2F1 79:3518.:wrs,__THENCE.957_Fr_ET;._ 1.21;i291 „.„.,.. a.,,
SKETCH OF DESCRIPTION
16A17
SUBMERGED LAND EASEMENT - DOCTORS PASS SOUTH JETTY
LYING iN SECTION 28 TOWNSHIP 49 SOUTIL RANGE 25 FAST,
CITY OF NAPLFE COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION
A PARCEL OF SUBMERGED LAND LYING ADJACENT TO THE MEAN HIGH WATER
LINE OF THE GULF OF MEXICO IN SECTION 28, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT DEPARTMENT OF ENVIRONMENTAL PROTECTION CONTROL
MONUMENT 64-78-A1 FOR A POINT OF REFERENCE; THENCE SOUTH
03'28'08" EAST 6828.49 FEET TO THE POINT OF BEGINNING, SAID POINT
ALSO BEING THE POINT OF BEGINNING OF THE NAPLES EROSION CONTROL
LINE AS RECORDED IN COASTAL SETBACK BOOK 1, PAGES 54-64, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 38'47'42"
EAST, ALONG SAID EROSION CONTROL LINE, 11.28 FEET; THENCE SOUTH
76'23'44" WEST 238.56 FEET; THENCE NORTH 13'36'16" WEST 110.00 FEET;
THENCE NORTH 76'23'44" EAST 318.32 FEET; THENCE SOUTH 13'12'22"
EAST 41.00 FEET TO THE MEAN HIGH WATER LINE OF THE GULF OF MEXICO;
THENCE THE FOLLOWING COURSES ALONG SAID MEAN HIGH WATER LINE:
SOUTH 77'29'38" WEST 29.69; SOUTH 79'56'18" WEST 29.95 FEET; SOUTH
83'51'06" WEST 25.42 FEET; SOUTH 81'14'24" WEST 21.46 FEET; SOUTH
7246'46" WEST 25.95 FEET; SOUTH 76'15'37" WEST 23.64 FEET; SOUTH
79'35'04" WEST 29.47 FEET; NORTH 81'10'13" WEST 13.99 FEET; SOUTH
69'30'00" WEST 12. 18 FEET; SOUTH 71'39'13" WEST 22.89 FEET; SOUTH
51'13'39" WEST 29.53 FEET; NORTH 58'28'22" WEST 15.20 FEET; SOUTH
52'48'11" WEST 15.40 FEET; SOUTH 10'17'23" EAST 19. 18 FEET; NORTH
87°07'00" EAST 18. 11 FEET; SOUTH 22'34'05" EAST 16.37 FEET; SOUTH
65'19'47" EAST 16.38 FEET; NORTH 72'47'38" EAST 10.68 FEET; NORTH
15'01'35" EAST 5.94 FEET; NORTH 73'44'55" EAST 30.09 FEET; SOUTH
77°42'11" EAST 9.22 FEET; NORTH 56'38'54" EAST 11.26 FEET; NORTH
85°10'15" EAST 30. 13 FEET; NORTH 85'09'11" EAST 18. 14 FEET; NORTH
21'11'52" EAST 7.70 FEET; SOUTH 44'38'33" EAST 6.67 FEET; NORTH
79'49'04" EAST 13.32 FEET; SOUTH 83'53'46" EAST 32.39 FEET; NORTH
76'52'09" EAST 6.37 FEET TO THE POINT OF BEGINNING.
CONTAINING 19,033 SQ. FT. (0.44 SCRES) MORE OR LESS