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Agenda 03/22/2016 Item #16A17 3/22/2016 16.A.17. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute the Sovereignty Submerged Lands Easement for the Gulf of Mexico Dredging. OBJECTIVE: To move forward with the execution of the Sovereignty Submerged Lands Easement for the Gulf of Mexico Dredging. CONSIDERATIONS: The attached submerged land easement shall be used solely for rehabilitation of a jetty at the following location: Doctors Pass south jetty lying in section 28, township 49 south, range 25 east, City of Naples, Collier County. The use of the premises is for a 10 year period from November 16, 2015, the effective date of this easement. Collier County 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. The attached Sovereignty Submerged Lands Easement is required by the Florida Department of Environmental Protection to dredge fill material from Doctors Pass south jetty lying in section 28,township 49 south,range 25 east, City of Naples, Collier County in the Gulf of Mexico. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval.—CMG RECOMMENDATION: To execute the Sovereignty Submerged Lands Easement for the Gulf of Mexico Dredging. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division, Growth Management Department Attachment: 1. Easement Packet Page -948- 3/22/2016 16.A.17. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.17. Item Summary: Recommendation to approve and authorize the Chairman to execute the Sovereignty Submerged Lands Easement for the Gulf of Mexico Dredging. Meeting Date: 3/22/2016 Prepared By Name: HambrightGail Title: Accountant, Coastal Zone Management 2/11/2016 3:50:03 PM Submitted by Title: Accountant, Coastal Zone Management Name: HambrightGail 2/11/2016 3:50:04 PM Approved By Name: PuigJudy Title: Operations Analyst,Operations&Regulatory Management Date: 2/23/2016 4:46:10 PM Name: McAlpinGary Title: Manager-Coastal Management Programs, Coastal Zone Management Date: 2/23/2016 5:10:28 PM Name: PattersonAmy Title: Division Director-IF,CPP &PM,Capital Project Planning,Impact Fees and Program Management Date: 2/24/2016 5:51:10 PM Name: Tara Castillo Title: Management/Budget Analyst, Capital Construction&Maintenance Budget/Fiscal Date: 2/25/2016 10:36:49 AM Packet Page -949- 3/22/2016 16.A.17. Name: KearnsAllison r' Title: Manager-Financial&Operational Sprt, Capital Construction&Maintenance Budget/Fiscal Date: 2/25/2016 11:30:24 AM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 2/25/2016 1:30:56 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Administration Date: 2/29/2016 9:06:33 AM Name: OberrathKaren Title: Accountant, Senior,Grants Management Office Date: 3/7/2016 11:18:44 AM Name: KlatzkowJeff Title: County Attorney, Date: 3/7/2016 3:21:39 PM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 3/10/2016 4:52:38 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 3/13/2016 6:00:09 PM Packet Page -950- 3/22/2016 16.A.17. t, 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 SOT 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] ©VD Packet Page -951- 3/22/2016 16.A.17. 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 Packet Page -952- 3/22/2016 16.A.17. 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 t 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 0 Packet Page -953- 3/22/2016 16.A.17. 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 ?"-■, 0 Packet Page -954- 3/22/2016 16.A.17. WITNESSES: Collier County,Florida (SEAL) By its Board of County Commissioners BY: Original.Signature Original Signature of Executing Authority Donna Fiala Typed/Printed Name of Witness Typed/Printed Name of Executing Authority Chairman Original Signature Title of Executing Authority Typed/Printed Name of Witness "GRANTEE" STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,20 ,by Donna Fiala as Chairman,for and on behalf of Board of County Commissioners of Collier County,Florida. He is personally known to me or who has produced ,as identification. My Commission Expires: Notary Public,State of Commission/Serial No. Printed,Typed or Stamped Name ATTEST: DWIGHT E. BROOK, Clerk i By: Approved as to form and legality Assistant County Attorney Page 5 of 7 Pages Easement No,41794 Packet Page -955- I 3/22/2016 16.A.17. SKE7tH OF DF R1P1ION __. ,p'... ,.,,.. ( SUBMERGED SAND EASEMENT - DOCIIURS PASS SOUTH • ' :r; ;;_ LYING IN SECTION ?� ?O% NSHIP 49 SOUTH 2S F S?; ,; L_".. 1 CITY OF NAPLES, MUIR C,�UNTY, FLORIDA `' pftwOr+acufor , cctem mum ; . r—i i7 Nor TOSLUE a- 2'n; 1t y c y ` '5, r +2'3' :1'', t» " +$• r t ',Y.' { ,,..",";;„'1- • *.. — z: d iy,A11,1 A leiv... , R are* €a '. ,.+�.. �' f.+�ty'{474Z 5 i K!� u. �. - yy* E y y n 2' e y'��'1"717=7",—"413.1?" 1T a S 03612 Erlm'ION mA7Jtl!LIE � -.,** � S�" L Sf7iCX a �� 'tiF1,�„il , '4t 1 t r P1YIfT Ji-QI fir t , }r i " ,ei,,a" x a " 1 a � LEAN ItlM IM1Elt LIE 14 a 4-€474 rIh 1 z7'n' F•, M1 ,LEGEND TCH D➢VLY- S NOT A SURIWU ® - east^of m7 UT OF P4470141.RESOURCES U K UNE TABLE uNi SURVEYORS NOTES L, 11 s' 1. BEARU1GS SHOWN HEREON ARE GRID BEARINGS BASED UPON THE NORTH AMERICAN AATUM OF 1983, 1990 ADJUSTMENT ©�3ii'rI�131. � GRID COORDINATES. EAST TONE DISTANCES SHOWN ARE GROUND DISTANCES MEASURED IN FEET. COORDINA1ES SHOWN ARE 56 BV 85' L4 S83 '.'W MYE� t�'Wirral 2. NO UNDERGROUND IMPROVEMENTS OR FOUNDATIONS WERE LOCATED UNDER THE SCOPE OF NS SURVEY. L6 ' 3 MEAN HIGH WATER LINE ELEVATION OF 0.33'(NAND 8B)LS S�SEO UPON THE 1983-1001 TIDAL EPOCH AND NHS L7 S76-1537'W �� DETERMINED USING THE LANG BOUNDARY INFORMATION SY TEM (TABINS) WLBSDE TIDE 9JTERPIXATaN POINT 100246 AS L8 �� � SURVfYEO ON DECEMBER 22, 2014. 19 ;1'10'13 AN 110 S69'30..w p J LEGAL DESCRIPTION C11 '' ;s' L 12 29.53' A PAACLI OF SUBMERGED LAND LYING ADNCENT TO DIE MEAN#I L WA7FR LINE OF DIE GULF OF MEXMA IN SECTION 2B L13 ,.: 8'_ by MM. �� TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER CSUNIY fIORG/c B17NG MORE PAR1TCUlARLY DESCRIBED AS FOLLOWS L14 . fig' N �J� 115 19.1:' COMMENCING AT DEPARTMENT OF AL TO CON►ROL MONUMENT 64-78—Al FOR A POINT OF RUERENC L16 NBT070D� 1M THENCE SOUTH 03'28'019'EAST 6828.49 FEET TD THE POINT OF BEMIR SAID POINT ALSO BEING 7OF POINT OF BEGINAWVG L17 ' 16. 7' OF THE NAPLES EROSION EAST 6L LINE AS RECORDED IN COASTAL SETBACK BOOYC 1, PAGES 54-64, OF THE PUBLI RECORDS L18 19'47'E 1838' OF 1HELNER CCUNTY TI.oRILT T ENCE SOUTH 38.47.42•EAST ALONG SAID EROS/ON CONTROL 11Nf~ 1128 FEET, THENCE L19 �r'+�fi�?LA7�[, '� SOUTH 767344'WEST 138.56 FEET THENCE MIRIT1 1336'16'NEST 110.00 — FAST 318.31 L19 FEET; THENCE SOUTH 13.12'22.EAST 41.00 FEET 7o THE MEAN Noce WATER.Packet Page -956-THENCE THE 121 �� !OWING COURSES ALONG SAID 11EAN HIGH Ni11FR LINE. SOUTH 77"18'38'WEST 79^69; SOUTH 7956'18�WEST 29.95 FEET,'_ 199 err�e,��' �o SKETCH OF DESCRIPTION 3/22/2016 16.A.17. SUBMERGED LAND EASEMINT - DOCTORS PASS SOUTH JETTY LYING IN SECTION 28, TOWNSHIP UWNSHIP 49 SOUTIL RANGE 25 FAST; CITY OF NAPLA 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 7Z46'46" 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 Packet Page -957-