Agenda 09/10/2013 Item #16A21 9/10/2013 16.A.21 .
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairwoman to execute the Sovereignty
Submerged Lands Easement for the Marco South Beach Renourishment Offshore Borrow
Site.
OBJECTIVE: To move forward with the execution of the Sovereignty Submerged Lands
Easement for the Marco South Beach Renourishment Offshore Borrow Site.
CONSIDERATIONS: On May 22, 2012 (Item 11A), the Board of County Commissioners
(BCC) approved the conceptual plans, for the FY12/13 Marco South beach renourishment and
structure rebuild project and directed staff to develop a six year renourishment design for the
beaches. At the June 26, 2012 meeting (Item 11B), the BCC approved the design engineering
and permitting services for the South Marco Beach Renourishment & Erosion Control Structure
rebuild project.
The attached Sovereignty Submerged Lands Easement is required by Florida Department of
Environmental Protection to dredge fill material from for the Marco South Beach Renourishment
Offshore Borrow Site and renourish the beach.
FISCAL IMPACT: There is no fiscal impact associated with this item.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and it requires a
majority vote of the Board.-HFAC
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this request.
RECOMMENDATION: Approve and authorize the Chairwoman to execute the Sovereignty
Submerged Lands Easement for the Marco South Beach Renourishment Offshore Borrow Site.
Prepared By: J. Gary McAlpin, P.E., Manager, Growth Management Division
Attachment: Easement
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9/10/2013 16.A.21 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.21.
Item Summary: Recommendation to approve and authorize the Chairwoman to execute
the Sovereignty Submerged Lands Easement for the Marco South Beach Renourishment
Offshore Borrow Site.
Meeting Date: 9/10/2013
Prepared By
Name: HambrightGail
Title: Accountant,Coastal Zone Management
7/25/2013 8:49:49 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P&R
Date: 7/26/2013 10:38:36 AM
Name: McAlpinGary
Title: Director-Coastal Management Programs,Coastal Zon
Date: 8/5/2013 3:46:38 PM
Name: LorenzWilliam
Title: Director-CDES Engineering Services,Comprehensive
Date: 8/7/2013 11:39:14 AM
Name: AshtonHeidi
Title: Section Chief/Land Use-Transportation,County Attor
Date: 8/13/2013 8:36:53 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/19/2013 8:00:59 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 8/19/2013 9:19:28 AM
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9/10/2013 16.A.21 .
Name: KlatzkowJeff
Title: County Attorney
Date: 8/20/2013 9:26:27 AM
Name: OchsLeo
Title: County Manager
Date: 8/20/2013 3:28:55 PM
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9/10/2013 16.A.21 .
This Instrument Prepared By.
Karri Machines
Recurring Revenue Section
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
NO.4 1519
BOT FILE NO. 1 10236855
PA NO.0235209.0034C
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 perforrttanee 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 Sections 18 and 19,
Township 52 South.Range 26 East,in Caxambas Pass.
Collier County,as is more particularly described
and shown on Attachment A,dated January 20,2012.
TO HAVE THE USE OF the hereinabove described premises for a period of LI years from October 11,2012 the
effective date of this easement. 'I he 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 beach nourishment at South
Marco Island and Grantee shall not engage in any activity except as described in the State of Florida Department of
Environmental Protection Consolidated Joint Coastal Permit No.0235209-003 4C,dated October 11,2012,incorporated
herein and made a part of this easement by reference,and any future permit issued by the State of Florida. 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 mien 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
WARRANTY OF TITLE/GUARANTEE.OF SUITABILITY OF USE OF LAND: Grantor neither warrants title
to the lands described herein nor guarantees the suitability at any of the lands for any particular use
4. MITTS 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 WITII 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 dui.authorized agent.shall retain the right to enter the nropenv 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. RIG FIT 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.
S. 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 us 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.
[401
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9/10/2013 16.A21 .
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 and which consent shall not be unreasonably withheld. 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 he 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
3299 Tamfami Trail East,Suite 103
Naples,Florida 34112
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
12 REMOVAL.OF STRUCTIIRIS/AI)MINISTRATIVF.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
Item 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 an
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. RECORDATION OF EASEMENT: The Grantee,at its own expense,shall record this fully executed easement
in its entirety in the public records of the county within which the easement site is located within fourteen(14)days atter
receipt,and shall provide to the Grantor within ten(10)days following the recordation a copy of the recorded easement in its
entirety which contains the O.R.Book and pages at which the easement is recorded.
15. AMENDMENT/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 musht be accepted,
acknowledged and executed by the Grantee and Grantor
16. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein,the
Grantee shall obtain the U.S.Army Corns of Engineers(USAGE)permit if it is required by the USAGE. 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
17. ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS. No additional
structures shall be erected and/or activities undertaken,including but not limited to.dredging,relocanonrrealignment or major
repairs or renovations made to authorized structures.on,in or over sovereignty.submerged lands without the prior written
consent from the Grantor,with the exception of emergency repairs.except for those authonzed by State permits. Unless
specifically authorized m 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 emereenc'v activities
shall not exceed the activities authorized by this easement
Page 2 of 5 Pages
Easement No 41519
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9/10/2013 16.A.21 .
WITNESSES BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
Original Signature (SEAL)
BY:
PrinttType Name of Witness Jeffery M.Gentry,Operations and Management Consultant
Manager,Bureau of Public Land Administration.Division
of State Lands,State of Florida Department of Environmental
Original Signature Protection.as agent for and on behalf of the 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
Jeffery.M.Gentry,Operations and Management Consultant Manager.Bureau of Public Land Administration,Division of Stair
Lands,State of Florida Department of Environmental Protection.as agent for and on behalf of the Board of Trustees of the
l Metal Impmvement_'I rust Flu d of the State of Florida. He is personally known to mc.
APPROVED AS TO FORM AND LEGALITY.
Notary Public,State of Florida
DEP Attorncv
Printed,Typed or Stamped Name
My Commission Expires:
Commission/Serial No.
WITNESSES: Collier County,Florida !SFAL)
By its Board of County Commissioners
BY:
Original Signature Original Signature of Executing Authority
Georgia A.Hiller
Typed/Printed Name of Witness Typed/Printed Name of Executing Authority
Chairwoman
Original Signature Title of Executing Authority
1 yoed/Pr rated Name of-Witness "GRANTEE"
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,20_,by
Gcorgia A.Hiller as Criairwomaa.for and on behalf of the Board of County Commissioners of Collier COMM,Florida. He is
personally known to me o^who has producec .as identification.
My Commission Expires:
Notary Public,State of
Commission/Serial No. Printed,Typed or Stamped Name
Page 3 of 5 Pages \pDroved as to form and legality
Easement No 41519
Assistant County Attorney
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PROPOSED SUBMERGED LANDS EASEMENT
DESCRIPTION
A PARCEL OF SOVEREIGN SUBMERGED LANDS IN CAMM8AG PA5G, SOUTH
MARCO ISLAND, ADJACENT TO SECTION 19, TOWNSHIP 52 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS:
COMMENCING AT"FLORIDA DNR" PERMANENT REFERENCE MONUMENT 64-78-
824 WITH A NORTHING OF 588.145.0307 FEET AND AN EASTING OF
410'914.7347 FEET RELATIVE TO NORTH AMERICAN DATUM 1883, FLORIDA
EAST ZJNE, RUN S 22°57'21^ E FOR A DISTANCE OF 16.53538 FEET TO THE
POINT OF BEGINNING.
THENCE G3OpD527''E1D521FEET:
THENCE S16,45'15"VV39g.83FEET;
THENCE S57^28'18'VV1.O407DFEET;
THENCE N 32,2Q'45'VV35A.25FEET;
THENCE N 57^18'41"E 2.142.30 FEET TO THE POINT OF BEC;|NN>NG, SAID
POINT BEING S 33"06'32^ E. A DISTANCE OF 1,251.41 FEET FROM R-148
(2002).
THE ABOVE DESCRIBES 16.96 ACRES OF SUBMERGED LAND.
COASTAL ENGINEERING CONSULTANTS, INC.
FU]R }N ^ ORIZATION NO.LB 2464 N
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FLORIDA-CERTIRICATENO75295
NOT VALID WITHbUTTHE—SIGNATURE AND
THE ORIGINALC-RAISED.SEAL OF A FLORIDA
LICENSED'SU,Ey. YOR AND MAPPER
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