Agenda 05/24/2011 Item #16A 65/24/2011 Item 16.A.6.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners authorize its Chairman to
execute a Sovereignty Submerged Lands Easement instrument with the Board of Trustees
of the Internal Improvement Trust Fund of the State of Florida (TIITF) for the existing
roadway bridges crossing the Cocohatchee River and one of its tributaries on Vanderbilt
Drive within the existing right -of -way. Project No. 69081. (Fiscal Impact: Recording fees
not to exceed $75.00)
OBJECTIVE: To obtain a Sovereignty Submerged Lands Easement from the TIITF for the
existing roadway bridges crossing the Cocohatchee River and one of its tributaries on Vanderbilt
Drive within the existing right -of -way.
CONSIDERATIONS: On June 20, 2008, the South Florida Water Management District issued
Environmental Resource Permit No. 11- 01536 -S to Collier County for construction of two
pedestrian bridges over the Cocohatchee River and one of its tributaries on Vanderbilt Drive
located south of Wiggins Pass Road. Simultaneously, it was discovered by the District that there
was no record of any "Sovereignty Submerged Lands Easement" on file covering the existing
vehicular bridges on Vanderbilt Drive constructed back in 1964. Subsequent to this discovery,
the District requested that Collier County enter into a Sovereignty Submerged Lands Easement
covering not only the area of the pedestrian bridges (958.32 square feet), but also the area of the
existing bridges (4,201 square feet).
Growth Management staff is recommending that the Board authorize its Chairman to execute the
easement instrument, which will then be returned to the State of Florida Department of
Environmental Protection (DEP) for execution by the authorized DEP representative. The
easement instrument will then be recorded in the public records of Collier County by Growth
Management staff. Having this easement in place is a technical requirement for the continuing
maintenance of the above - referenced bridges on Vanderbilt Drive.
FISCAL IMPACT: The cost to record the easement in the public records will be paid from
Road and Bridge Capital Fund (313), Project No. 69081. Recording costs will not exceed
$75.00.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a
majority vote for approval. -JW
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
1. Authorize its Chairman to execute the attached Sovereignty Submerged Lands Easement
instrument; and
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5/24/2011 Item 16.A.6.
2. Authorize the County Manager, or his designee, to record the easement instrument in the
public records at a cost not to exceed $75.00.
Prepared By: Kevin Hendricks, Right -of -Way Acquisitions Manager, Growth Management
Division, Transportation Engineering Department.
Attachments: (1) Sovereignty Submerged Lands Easement with Attachment A
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6.
5/24/2011 Item 16.A.6.
Item Summary: Recommendation that the Board of County Commissioners authorize its
Chairman to execute a Sovereignty Submerged Lands Easement instrument with the Board of
Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) for the existing
roadway bridges crossing the Cocohatchee River and one of its tributaries on Vanderbilt Drive
within the existing right -of -way. Project No. 69081. (Fiscal Impact: Recording fees not to
exceed $75.00)
Meeting Date: 5/24/2011
Prepared By
Name: HardingRebecca
Title: Property Acquisition Specialist,Transportation Engineering & Construction Management
5/2/20112:39:29 PM
Submitted by
Title: Property Acquisition Specialist,Transportation Engineering & Construction Management
Name: HardingRebecca
5/2/2011 2:39:31 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 5/5/2011 1:04:50 PM
Name: Daniel Hall
Title: Project Manager, Senior,Transportation Engineering
Date: 5/6/2011 8:59:04 AM
Name: CalvertEugene
Title: Project Manager, Principal,Transportation Engineering & Construction Management
Date: 5/6/2011 10:34:16 AM
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5/24/2011 Item 16.A.6.
Name: KhawajaAnthony
Title: Engineer - Traffic Operations,Transportation Engineering & Construction Management
Date: 5/6/2011 1:41:40 PM
Name: NauthRookmin
Title: Management /Budget Analyst,Transportation Administr
Date: 5/6/2011 1:44:17 PM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & Construction Management
Date: 5/10/20118:53:02 AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 5/10/2011 9:43:44 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 5/10/2011 11:03:35 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/11/2011 1:41:53 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 5/11/20114:08:21 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/12/2011 3:34:34 PM
Name: UsherSusan
Title: Management /Budget Analyst, Senior,Office of Manage
Date: 5/16/2011 10:59:53 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/16/2011 1:08:00 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 5/17/20114:43:59 PM
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5/24/2011 Item 16.A.6.
This Instrument Prepared By
,idnrean J. Lewis
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 33399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THF, STATE OF FLORIDA
SOVEREIGNTY SUBMERGH) LANDS EASEMFXF
NO. 41093
BOT PILE NO. i 105355
PA NO. 11- 01536 -S
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.
W IT'NESSf. i H: That for the faithful and timely performance of and compliance with the terms and conditions stated
herein, the Grantor does hereby grant to Collier Crnmry f'lorida, 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 "submerged land in Sections 17 k 20,
'Township 48 South, Range 25 East, in Cocohatchee Riy_er,
Collier County, as is more particularly described
and shown on Attachment A. dated February 21, 2008.
TO HAVE-11 IU USE; OF the hereinabove described premises from June 20. 2008, the effective date of this easement.
The terns and conditions of 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 public transportation purposes
only by or tinder the supervision of the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION or such local
governmental entity having maintenance responsibility. Grantee shall not engage in any activity except as described in the
South Florida Water Management District, Submerged Lands ERP General Permit No. I 1- 01536 -S, dated ;tune 20.2008.
incorporated herein and made a part of this easement by reference. All of the foregoing subject to the remaining conditions of
this Easement.
2. EASE MENT CONSIDER_LC)N: in the event the Grantor amends its rules related to fees and the amended rules
provide the Grantee will be charged it fee or art 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.
AU fOMA'11C, T_F?RMINAT'iC)N: This easement shall autanr ideally terminate when, in the opinion of Grantor,
the easement is riot utilized for the purposes authorized. Any costs or expenses incurred by Grantor in removing Grantee or its
property from the easement area shall be paid by Grantee.
4. WARRANTY OF. TiTt f'CU,4RAN T[ ?,F OI SUI ABlI iTl OE U` E OF 1 AND: Grantor neither warrants title
to the lands described herein nor guarantees the suitability otany of the lands for tiny particular use.
5. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights ofthe United States
and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement.
6. D 1MAUr_.TCt FASFMEN '_fC20i'f_R'['Y AND IN I T Rf FIR}: NC F. -'� I H Pttl.3.[. IL t+ND PIC(, A TB RIGHTS:
Grantee shall not damage the easement lands or unduly interfere with public or private rights therein.
C KANTO1C.5__K1C1[T.-I GKANT_CONL1'A`I1BLEOSES OF 71TF_E_ASE:',ti[ NT 1 KOPEKTY; 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.
S. RiG H'1 O __ f: Gruttor. or its duh� authorized agent, shall have the right at any time to inspect the works
and operations of the Grantee to any matter pertaining to this easement.
(41 ]
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5/24/2011 Item 16.A.6.
9. RIGHT TO TER_MiNATF: Should a need of greater public benefit and use arise as determined by Grantor in its
sole discretion, the Grantor shall have the right to tenninate this easement.. At such time, the Grantor shall issue written
notification to the Grantee stating the effective date of such termination.
10. RESOLUTION OF ANY INEQUITIES: Any inequities that may subsequently arise as a result ofthis easement
shall be subject to negotiation upon written request of either party hereto, and the parries agree to negotiate in good faith. to
case of failure by the respective staffs to resolve the conflict(s), the matter shall be referred to the Grantor 1'or final resolution.
11. FNDEMNIFI CATION /iNVE'STIGATION 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 puny and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a
waiver of sovereign innnunny 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.
12. ASSIG_NMI_N I. OF,_F_ASf_MI_"•,N'I': This easement shall not be assigned or otherwise transferred without prior
written consent ofthe Grantor or its duly authorized agent rind which consent shall not be unreasonably withheld. Any
assignment or other transfer without prior written consent ofthe Grantor shall be null and void and without legal eifect.
13. 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 hereatter lawfully assessed and levied against the subject property during the
effective period ofthis easement which result from the grant ofthis easement or the activities of Grantee hereunder.
14. CESSATION OF ALI'1'1I0RIZA'I'iON.!R[iMOVAI.. OF STRUCTURES: Upon tenttination ofthis easement all
authorization granted shall cease and terminate and Grantee shall remove all facilities and related structures erected at its
expense.
15. I NFORCEMF;NT OF PROVISIONS: No failure, or successive failures, on the }tart ofthe Grantor to enforce any
provision, nor any waiver or successive waivers on its part of any provision ftcrein, shall operate as a discharge thereof or
render the same inoperative or impair the right ofthe Grantor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches.
16. RECORDATION OF EASEMENT: The Grantee, at its own expense.. shall record this fully executed easement
in its entirety in the public records ofthe county within which the easernent site is located within fourteen (14) days after
receipt, and shall provide to the Grantor within ten (10) days following the recordation a copy ofthe recorded easement in its
entirety which contains the O.R. Book and pages at which the easement is recorded.
17. AMEND R -f1 NTS /MQDIF?ICATIONS: This easement is the entire and only agreement between the panics. Its
provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted,
acknowledeed and executed by the Grantee and Grantor.
18, ACOE AUTHORIZ.ATIQN: Prior to commencement of construction and/or activities authorized herein, the
Grantee shall obtain the U.S. Army Corps of PFngineers (COF.) permit if it is required by the COE. Any modifications to the
construction and /or activities authorized herein that may be required by the COE shall require consideration by and the prior
written approval ofthe Grantor prior to the cornmencement of construction and/or any activities on sovereign, submerged
lands.
19. .ADi ITIONAL. STRtICT'L1RFS OR ACfIVIT'1ESAWF',RG[ NC), S"T'RI1C.1112Al.•_REPAtRS: 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 ofthe 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
tindenaken 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.
20. UPLAND ItIYARIAN PROPERTY_INTEREST: During the tenn ofthis easement. Grantee must have
satisfactory evidence of sufficient upland interest as defined in Rule 18 -21. 003(57), Florida Administrative Code, to the extent
required by paragraph 18- 21.004(3)(11), Florida Administrative Code, in order to conduct the activity described in this
easement. I fat 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
easernent shall revert to and vest in the Grantor immediately and automatically." -_. —
Page .. 2 of 7 Pages
Easement No. 41093
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5/24/2011 Item 16.A.6.
WITNESSES: - BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF•THE STATE
OF FLORIDA
Original Signature (SEAL)
BY:
Print/Type Name of Witness
Jeffery'M. Gentry, Operations and Management Consultant
Manager, Bureau of Public Land Administration, Division
Division of State Lands, State of Florida Department of
Original Signature
Environmental 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 1 20_, by Jeffery
M. Gentry. Operations and'Management Consultant Manager-,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 Florid g He is personally known to me.
APPROVED AS TO FORM AND LEGALITY:
DEP Attorney
Notary Public, State of Florida
Printed, Typed or Stamped Name
My Commission Expires:.
Commission/Serial
ATTEST: Collier County. Florida (SEAL)
DWIGHT E. BROCK, Clerk by its Board of Codnty Commissioners
BY: BY:
Attest as to Chairman's Signature Only Original'Signature of Executing Authority
Fred W. Covle
Appro as to form and Legal Sufficiency: Typed/Printed Name of Executing Authority
• Chairman
Title of Executing Authority
Jeff . W 'ght, Assistant County Attorney
"GRANTEE„
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this day of 2011, by Fred W.
Coyle as Chairman for.and on behalf of the 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
Page 3 of 7 Pages
Easement No. 41093
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5/24/2011 Item 16.A.6.
Attachment A
Page 4 o * 7 Pages
Easement No, 41093
. . ...............
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5/24/2011 Item 16.A.6.
Project Location Map
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AND ASSOCIATES V,
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Fe Application No. 080312-17
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Altachinem A
Page 5 of 7 Pages
Easement No, 4109.3,
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