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Agenda 09/27/2011 Item #16D49/27/2011 Item 16.0.4. r"'\ EXECUTIVE S~Y Recommendation to approve and authorize Chairman to sign a Sovereignty, Submerged Lands Easement Renewal between ,the Internal Improvement Trust Fund of the State of Florida and Collier County granting a nonexclusive easement on, under and across the sovereignty lands. OBJECTIVE: To obtain approval of Sovereignty Submerged Lands Easement Renewal between the Internal Improvement Trust Fund of the State of Florida and Collier County. CONSIDERATIONS: This is a renewal of a Sovereignty Submerged Lands Easement effective January 23, 2010 with an expiration date of January 23, 2060 for the following legal description: A parcel of sovereignty submerged land in Section 6, 7 & 8, Township 52 South. Range 26 East. in Gulf of Mexico. Big: Marco Pass & Caxambas Pass. Collier County, as is more particularly described and shown on Attachment A, dated October 31. 1989 and November 1. 1989. The above described parcel ofland shall be used solely for 3 breakwaters and 2 terminal 2J'Oins. r"'\ The general location is at the Big Marco Pass & Caxambas Pass and 3 breakwaters and 2 terminal groins currently exist. No additional work is contemplated with this land easement renewal. FISCAL IMPACT: Total cost to record Easement totals $581. Funding is available in Tourist Tax Fund 195. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally sufficient, and requires majority vote for approval. -JAK RECOMMENDATION: To approve and authorize Chairman to sign a Sovereignty Submerged Lands Easement renewal between the Internal Improvement Trust Fund of the State of Florida and Collier County granting a nonexclusive easement on, under and across the sovereignty lands. PREPARED BY: Gary McAlpin, Coastal Zone Management Director ~ Packet Page -1786- 9/27/2011 Item 16.0.4. ~ COLLIER COUNTY Board of County Commissioners Item Number: 16.D.4. Item Summary: Recommendation to approve and authorize Chairman to sign a Sovereignty Submerged Lands Easement Renewal between the Internal Improvement Trust Fund of the State of Florida and Collier County granting a nonexclusive easement on, under and across the sovereignty lands. Meeting Date: 9/27/2011 Prepared By Name: HambrightGail Title: Accountant,Coastal Zone Management 8/29/2011 5:14:38 PM Submitted by ~ Title: Accountant,Coastal Zone Management Name: HambrightGail 8/29/2011 5:] 4:40 PM .Appt~oyed T;y Name: AlonsoHailc; Titie: Administrative Assistant.Domestic Animal Services Date: 8/30/2011 9:01 :43 AM Name: McAlpinGary Title: Director - Coastal Management Programs,Coastal Zon Date: 8/30/2011 4:31 :35 PM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 8/31/20114:20:50 PM ,.........." Name: RamseyMarla Title: Administrator, Public Services Date: 9/15/2011 8:16:28 AM Packet Page -1787- 9/27/2011 Item 16.0.4. -... Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 9/15/2011 10:46:06 AM Name: FinnEd Date: 9/16/20114:51:18PM Name: KlatzkowJeff Title: County Attorney, Date: 9/19/20113:10:26 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 9/19/20116:13:10 PM ,-....., -... Packet Page -1788- 9/27/2011 Item 16.0.4. ,...-.... Florida Department of Environmental Protection Rick Scott Governor ~--' -- --- -- -- - - - ~~' ---- --- -- - - - -- - - - -- _.- Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Jennifer Carro 11 Lt. Governor Herschel T. Vinyard, Jr. Secretary August 16, 2011 RECE~VED AUG 1 8 2011 Board of County COImIlsIIoners Collier County, Florida Honorable Fred W. Coyle 3299 Tamiami Trail East, Suite 303 Naples, Florida 34112 RE: BOT File No.: 111460389 Grantee: Collier County, Florida Dear Commissioner Coyle: ,...-.... Enclosed is an Easement Instrument, which requires acceptance by your notarized signature as Chairman of the Board (two witnesses required). Pursuant to Chapter 695, Florida Statutes, the names of the person executing the instrument, the two witnesses, and the notary public must be legibly printed or typewritten directly below that person's signature. Please complete and return the enclosed Billing Information Form that provides us with updated billing information, sales tax information, and other data required pursuant to Section ;1'! 0.:11::"'.\ ~,'vll-1)11 O~1 (':() r.:'1n~~;A.-" c.t-~,-b11+--.::J~ ...;.,.L.;;;.,.\.)~}\\J} Ct.,... l. ..:...LL-.\. ,..J..L\,--) f .L LU.l..lUCI '-..-'..C"-,,, .L":':". Also enclosed is Invoice No. 59728 for $581.00 covering the non-taxable instrument processing fee due on this account. The check should be made payable to the Department of Environmental Protection and mailed to Mail Station 125, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. Please include BOT File No. 111460389 on the check to ensure proper deposit. Payment is due within 30 days after receipt of this letter. Please execute and return the enclosed instrument and any additional information requested within 30 days after receipt of this letter. Upon receipt and acceptance, we will transmit the easement instrument for final departmental execution. A fully executed instrument will be provided to you for recording in the county records where the facility is located. ~ "More Protection, Less Process .. packetpage-1789- 9/27/2011 Item 16.0.4. Collier County, Florida Page 2 August 16, 2011 ~ Your cooperation and assistance are appreciated. If you have any questions regarding this matter, please contact me at (850) 245-2720 or by email Celeda.Wallace@dep.state.fl.us. Sincerely, !!dda-~~ Celeda Wallace Government Operations Consultant I Department of Environmental Protection Bureau of Public Land Administration Division of State Lands msj/ cw Enclosures (Easement, Billing Information Form & Invoice) By Fed Ex ~ --.. Packet Page -1790- 9/27/2011 Item 16.0.4. ~ This Instrument Prepared By: Celeda Wallace 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 RENEWAL BOT FILE NO. ] 1]460389 EASEMENT NO. 00128(3955.1l) 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 Count\'. 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 6. 7 & 8, Township 52 South, Range 26 East, in Gulf of Mexico. Big Marco Pass & Caxambas Pass. Collier County, as is more particularly described and shown on Attachment A, dated October 31. 1989 and November I. ] 989. HAVE THE USE OF the hereinabove described premises Ii'om January 23. 20] 0, the effective date of this easement renewal, through January 23. 2060, the expiration date of this easement renewal. The terms and conditions on and ~, for which this easement renewal is granted are as follows: 1. USE OF PROPERTY: The above described parcel ofland shall be llsed solely for 3 breakwats:rs and 2 terminal gl:Q1m. All of the foregoing subjeclto the remaining conditions of this easement. ..., _E~I\SId,"iF'-l'JT CONSIDER/\' TlCYr-:: in the even: th',:; Gnmw:' ~m:ends its :'u1e~; rehlled l:(i f:;~.'; and tr"j(' amended fJL::.- ],:,!;:::Jj-lTS C:RA1'<TED: "The ri_~h:s ----_._--------~--_._,--- ~ ~,J.:UiCt:U ::;i..''-'.I';';'\.,O 311:, - p . " ~'o.. ,_, ,"" ,_... __,~' ~., ,_,.."_,, .vl...: ~j; .U,iU. I i:",I\::: and uny and all prior grants by' the, Grantm- in and to the submerged lands situated \\'ithin the limits oft1l1s easement. 5. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIV ATE RIGHTS: Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. 6. GRANTOR'S RIGHT TO GRA.NT COMPA TlBLE 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 llses 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. INDEMNIFICA nON/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. ,-..... . [42] Packet Page -1791- 9/27/2011 Item 16.0.4. 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. ,,-...... ]0. 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 ofland 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 3299 Tamiami Trail East, Suite 303 Naples, Florida 341 ]2 The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (] 0) clays before the change is effective. ] I. 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 effcctive period of this easement which result from the grant of this easement or the activities of Grantee hereunder. ]2. REMOVAL OF STRUCTURESfADMIN]STRA TIVE 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] 0 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. 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 after 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, flMENDMENTS! MODIFICATIONS: This easement is the entire and only agreement between the parties. lts provisions are not severable, Any amendmcI1l or modification to this easement must be in writing and must be accepted. acknowledged and executed by the Grantee and Grantor 16. lL5.liU: /.~-~IUQRtZ~/LTICh~: Prhr to c'Jmrnencemc:nl of construcLion JnJ'or uCliyities nllthori~cd herein. th~ (,r"ntce shall oota1l1 the u.s. An~1\ Corps of Engince!'s I L'SACE) pennJt if it is required by the l'S,\CE. Any modificatiom w the construction and/or activities authorized herem that Illay be required by the USACE shall require consideration by and the prJor written approval of the Grantor prior to the commencement of cons tructi OIl and'Or any activities on sovereign, submerged lands, 17, ADDITIONAL STRUCTURES OR ACT1VITlESfEMERGENCY 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. 18. UPLAND RIPARlAN 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] 8-21.004(3)(b), Florida Administrative Code, in order to conduct the activity described in this easement. Ifat 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. 19. ACCRETION INTEREST: In further consideration of the issuance of this easement by the Grantor, Grantee consents to the construction and maintenance of the structures authorized hereunder and 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 -L of ~ Pages Easement No, 00128(3955-]]) Packet Page -1792- 9/27/2011 Item 16.0.4. ,,-.., 20. SPECIAL EASEMENT CONDITION: Each dredging event shall be subject to review by the Grantor. Written approval from the Grantor shall be obtained prior to each dredging event. Additionally, the Grantee shall request review by the Grantor at least 90 days prior to each dredging event. ,-., -- Page L of.J2.. Pages Easement No. 00128(3955-1)) Packet Page -1793- 9/27/2011 Item 16.0.4. WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF TIlE STATE OF FLORIDA -- Original Signature (SEAL) BY: Jeffery M. Gentry, Operations and Management Consultant Manager, Bureau of Public Land Administration, Division of State Lands, State of Florida Depanmcnt of Environmental Protection, as agent for and on behalf of the Board of Trustees of the lnternallmprovement Trust Fund of the State of Florida PrintIType Name of Witness Original Signature Print/Type Name of Witness "GRANTOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this _ day of .20-, by Jeffcrv M, Gentrv. Ooerations and Manae:ement Consultant Manae:er Bureau of Public Land Adrilinistration. Division of State Lands. State of Florida Deoartment of Environmental Protection. as ae:ent for and on behalf of the Board of Trustees of the Internal ImDrovement Trust Fund of the State of Florida. He is personally known to me. APPROVED AS TO FORM AND LEGALITY: Notary Public, State of Florida DEP Attorney Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. ,,-....., WITNESSES: Collier County. Florida By its Board of Commissioners (SEAL) BY: Original Sig.nature of Executing Authority Original Signature ;e!en \\~CQ}:IL.__ Typcd.'1~rlntcd i-~[1nl~ of Executing AUlhofiT)' TypcdT'rintcd Numc of \Vitm;ss Chainnan Tnle of Executing Authority Original Signature Typed'Printed Name of Wi mess "GRANTEE" STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 20~ by Fred W. Covle as Chainnan. 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: Notmy Public, State of Commission/Serial No. Printed, Typed or Stamped Name .--.. Page ...L of...ll. Pages Easement No, 00128(3955-1 J) o form and legal sufficiency: Jeffrey rL'mL . u y Packet Page -1794- Attachment~" Pages Page 5 of 00128(3955-11) EaseDlcut No. v . ....... ~ ",- / ~ E"~ ~ -c~ , . /014",/_ ". $", 1...._~._~~~_~.:."4__..-.f... --. k t Page -1795- Pac e 9/27/2011 Item 16.0.4. COASTAL ENGINEERING CONSULTANTS, INC. ~ Development Consultants · Coastal Engineers. Marine Scientists Civil Engineers · Surveyors. Appraisal and Real Estat~ Consultants 3106 S. Horseshoe Dt. Naples, Florida 33941 . (813) 643-2324 TEMPORARY BORROW AREA EASEMENT "3" DESCRIPTION Commencing at permanent reference monument 64-78-A-24 as shown on the Coastal Construction Control Line Plat of Collier County, recorded on July 29, 1980 in C.C.C.L. Book NO.1, Pages 13 through 25 of the Public Records of Collier County, Flo~ida, run N24 25'56"w 5739.97 feet to the Point of Beginning; thence NIl 00~00"E3600.00 feet; thence N79000~00''W 2100.00 feet; thence S11 OO'OO"W 3600.00 feet; thence S79 OO'OO"E 2100.00 feet to the Point of Beginning. The above describes an area of approximately 173.55 acres of land submerged in the Gulf Of Mexico. . Beaaings based on the Florida east coordinate grid zor-e with a bearing of S44 29'51.9"E from permanent reference monument 64-7B-A-24 to permanent reference monument 64-78-A-252. COASTAL ENGINEERING CONSULTANTS, INC. ~-~-------------- James S. RiChmond, P.L.S. Florida Certificate No. 4118 C.E.C. File No. 88.00-10 Date: ~. Z.;. Y7 I ~ .~ Attachment A Page ~ of ~ Pages Easement No. 0012813955-11) Packet Page -1796- 9/27/2011 Item 16.D.4. ~. COASTAL ENGINEERING CONSULTANTS, INC. Development Consultants · Coastal Engineers. Marine Scientists Civil Engineers · Surveyors. Appraisal and Real Estate Consullants 3106 S. Horseshoe Dc. Naples, Flonda 33941 . (813) 643~2324 TEMPORARY PIPELINE EASEMENT "0" DESCRIPTION Commencing at permanent reference monument 64-78-A-24 as shown on the Coastal Construction Control Line Plat of Collier County, recorded on July 29, 1980 in C.C.C.L. Book No.1, Pages 13 through 25 of the Public Records of Sollier County, Florida, run N24 25'56"W 5739.97 feet; thence N79 OO'OO"W 404.17 feet tg the Point of Beginning; thence Bll000'00"W 4414.14 feet; thenca S2l 08'07"E 1507.20 feet; thence 553 16'14"E 3495.98 feet; thenceN8~043'46"E 1414.21 feet; thence N~6043146"E 981.72 feet; thence 552 40'12"E 168.12 feet; thence S60 14'21"E 203.24 feet; thence sssob9'15"E 130.24 feet; thence S3604~'46"W 2509.27 feet; thence Ns3 16'14"W 6200.00 feet; thence Nll OO'OO"E 5618.16 feet; thence S79000'OO"E 500.00 feet to the Point of Beginning. The above describes an area of approximately 174.58 acres of land submerged in the Gulf Of Mexico. Bearings based on the Florida east coordinate grid zone with a bearing of 544029'5l.9"E from perman~nt reference monument 64-78-A-24 to permanent reference monument 64-79-A-252. ~ COASTAL ENGINEERING CONSULTANTS, INC. ,g~ 5/ , ------~--- --- --------------------- James S. Richmond, P.L.S. Florida Certificate No. 4118 C.E.C. File No. 88.001-010 Date: ?_'~/~''-/ .-, Attachment A Page..2. of 15 Pages Easement No. 00128(3955-11) Packet Page -1797- 9/27/2011 Item 16.0.4. COASTAL ENGINEERING CONSULTANTS, INC. Oevelopmenr Consullant. · Coastal Englneell · Marine Scientists Civil Englneell · SurveyolI · Appraisal and Real Estate Consullants 3106 S. Horseshoe Dc. Naples, Florida 33941 . (813) 643-2324 .-. TEMPORARY PIPELINE EASEMENT "E" DESCRIPTION Commencing at permanent reference monument 64-78-A-24 as shown on the Coastal Construction Control Line Plat of Collier County, recorded on July 29, 1980 in C.C.C.L. Book No.1, Pages 13 through 25 of the Public Records of COllierCounty, Florida run N24025'56"W 5739.97 feet; thence Nl1000'OO"E 53.73 feet to the Point of Beginning; thence Nl1000'OO"E 644.02 feet; thence S39055'46"E 2451.85 feet; thence S65037'33"W 107.13 feet; thence S51015'11"W 192.79 ~eet; thence S59046'35"W 509.15 feet; thence S06041'02"EI211.84 feet; thence S02006'20"W 1360.92 feet; thence S34006'52"E 374.43 feet; thence S39030'28"E 738.78 feet; thence S62026'50"E 259.42 feet; thence S50027'50"E 816.88 feet; thence S76015'49"E 463.25 feet; thence S38041'43"E 164.01 feet; thence N76015'49"W 616.15 feet; thence N50027'50"W 829.29 feet; thence N62026'50"W 269.22 feet; thence N39030'28"W 763.78 feet; thence N34006'52"W 411.85 feet; thence N02006'20"E 1385.94 feet; thence N06041'02"W 1899.94 feet; thence N39055'46"W 1290.66 feet to the Point of Beginning. The above describes an area of approximately 1,779,292 square feet. Bearings based on the Florida east coordinate grid zone with a bearing of S44029'51.9"E from permanent reference monument 64-78-A-24 to permanent reference monument 64-78-A-252. ~ COASTAL ENGINEERING CONSULTANTS, INC. l~'jO . n (, 1------------~--------- /~ James S. Richmond, P.L.S. f/ Florida Certificate No. 4118 C.B.C. File No. B8.001-PE Date: q-14-~F) ~ Attachment A Page ~ of ~ Pages Easemenl No. 00128(3955-11\ Packet Page -1798- ~ ~ ~ !H~ ( ,I j~ii I ,j , !~ f ~i i~ I h I~ r '_~ : 1 ~ ~ i . ~ i I . ~ .--.. : ~ ~ ! ~ f HI I ~ .!j . " ~ r D E , ~ I {, ~ , c , 0 .s rp aR t. ~ 2~~ fa ,PI ~ JJ: t ~~;; i 0' , p'!:J'>!? ~ ~~ ji' ~ ~ .,...:" J ~ "..." , . ~~~H;:!\ ()" o '=iI~~' \1 ! ~:asH~vy~ ':'-. -~_... . . ~"~i.,: R """ilU~[tl. ! ~.,:: .:" Ii i; , j ~ Attachment A PlIgc ..2... of ~ Pages Easement No. 00128(3955-111 " ' I ,. -., ;:: i 0".., -,' . 'i" I '~c.c>!". ~/~~~. I "4 .~ /- ':,~\ '\;~'/... C.<\PR. Ao.s$ " C r- 11 ~ , if li (l -'"":-"-: E~!~~i ;;!l:g; g-,i-:: ::;:'"1': ~~!-;~ ~ W '~g~i~;I .:.:.:uoc H~iH .::~. - .. "'ll"'..~ &.. .... i ;:;i i ~~;m f i Packet Page -1799- 9/27/2011 Item 16.0.4. <f' ! I Ij ~~ " / . . ....~ '..., '\.'''' .~.. .....'- .... .... , '.., '">< .~ I 'I I. ii t! I ~ ~ " R o ~ o ~~ .. , . I o , n, '1~ \ I ~ ~ "i..~~.....\/ '1 r.,~,.. ., .,:\, I _ , \:~., -" "~'" .. j ~;~~~.! I ," ~. ;; ;, ~ ~ ; . ~ 9/27/2011 Item 16.0.4. COASTAL ENGINEERING CONSULTANTS, INC. --- Development Consultants · Coastal Engineers. Marine Scientists Civil Engineers · Surveyors · Appraisal and Real Estate Consultants 3106 S. Horseshoe Dt. Naples, Florida 33941 . (813) 643.2324 TEMPORARY BORROW AREA EASEMENT "4" DESCRIP'rION Commencing at permanent reference monument "Caxambas" as shown on the Coastal Construction Control Line Plat of Collier County, recorded on July 29, 1980 in C.C.C.L. Book No.1, Pages 13 through 25 of the Public Records of ~ollier County, Florida, run S13 18'41"W 778.70 feet; thenge 500 OO'OO"E 100.00 feet tg the Point of Beginning; thence ~90 OO'OO"W 3072.77 feet; thence SOOoOO'OO"E 1462.28 feet; thence N90000'00"E 3300.00 feet; thence N7a 00'18"E 2898.71 feet; thence Nag OO'OO"E 700.00 feet; thence N78 8l'24"W 1529.71 feet; thence S90000'OO"W 1112.29 feet; thence S45 OO'OO"W 406.89 feet; thence S90 OO'OO"W 127.23 feet to the Point of Beginning. The above describes an area of approximately 193.71 acres of land submergad in Caxambas Pass and the Gulf Of Mexico. Bearings based on the Florida east coordinate grid zone with a bearing of S04033'49"E from permanent reference monument 64-78-A-26 to permanent reference monument Caxambas. .-...... COASTAL ENGINEERING CONSULTANTS, INC. ~~,~~z~~~------------ Florida Ce~tificate No. 4113 C.E.C. File No. 88.001-11 Lat'?: Yi!!r5f .-., Attachment A Page...!!!.. of....!i. Pages Easement No. 00128(3955-11) PacketPage-1800- 9/27/2011 Item 16.0.4. ~ COASTAL ENGINEERING CONSULTANTS, INC. Development Consultants. Coastal Engineers. Marine Scientists Civil Engineers · Surveyors · Appraisal and Real Estate Consultants 3106 S. HorseshOe Dt. Naples, Florida 33941 . (813) 643-2324 TEMPORARY PIPELINE EASEMENT "C" DESCRIPTION Commencing at, permanent reference monument "Caxambas" as shown on the Coastal Construction Control Line Plat of Collier County, recorded on July 29, 1980 in C.C.C.L. Book No.1, Pages 13 through 25 of the Public Records of Collier County, Florida, run S13 lS'41"W to a point on the seaward face of a seawall 778.70 feet to a point also being on the Mean High Water Line of the easterly shore of the Gulf Of Mexico and the Point of Beginning; thence leaving said seawall face run 50g000'00"E 100.00 feet; thence S90000'OO"W 3072.77 feet; thence N70 21d30"E 3301.74 feet to a Department of Natural Resources monument T-148 as shown on said plat; thence S58003'3S"W to a point on said face of seawall 327.68 feet; thence 505035'27"W 408.56 feet; thence SlSo40'22"E 295.34J feet; thence S43007'20"E 194.96 feet; Ythence S81041'l4"E 53.77 feet~ to the Point of Beginning. ,_ The above describes an area of approximately 33.93 acres of land submerged in Caxambas Pass and the Gulf Of Mexico. ~ Bea~ings based on the Florida east coordinate grid zone with a bearing of 504 33'49"E from permanent reference monument 64-78-A-26 to permanent reference monument Caxambas. COASTAL ENGINEERING CONSULTANTS, INC. /] /7 . (I j} (~". vf~-~ S . ~____{:' /{/ ::~:: - ~--:-:-:'~ ~,~ ~: j- ~---;- -- ----- --- --- J c...ITI,,-S .:1.. .t'.l __.tlIT.:JLU I ~. L. ,_, _ Florida Certificate No. 4118 (~.E.C. File No. 88.0CI-D4 Date: 5 z4 'i"( ,..-" Attachment A Page -1!.. of ~ Pages EaselUent No. 00128(3955-11) Packet Page -1801- 9/27/2011 Item 16.0.4. COASTAL ENGINEERING CONSULTANTS, INC. Development Consultdnts · Coastal Engineers. Marine ScientIsts Civil Engineers. Surveyors. AppraIsal and Real Estate Consultants 3106 S. Horseshoe Dc · !Naples. Florida 33941 . (813) 643-2324 i I ~ REEF BREAKWATER EASEMENT DESCRIPTION Commencing at permanent reference monument "Caxambas" as shown on the Coastal Construction Control Line Plat of Collier County, recorded on July 29, 1980 in C.C.C.L. Book No.1, Pages 13 through 25 of the Public Records of ~ollier County, Florida, run 513 b8'41"W 778.70 feet; thence SOO OO'OO"E 100.00 feet; thence S90 OO'OO"W 786.47 feet to the Point of Beginning; thence 508000'OO"~'j 149.93 feet; thence 590~00'00"W 500.00 feet; thence NOO OO'OO"E 1300.00 feet; thence N90 OO'OO"E 500.00 feet; thence soooOO'OO"E 1150.07 feet to the Point of Beginning. The above describes an area of approximately 14.92 acres of land submerged in Caxambas Pass and the Gulf Of Mexico. Beaoings based on the Florida east coordinate grid zone with a bearing of 504 33'49"E from permanent reference monument 64-78-A-26 to permanent reference monument Caxambas. COASTAL ENGINEERING CONSULTANTS, INC. ,.-...... ~-~:~---------- James S. Richmond, P.L.S. Florida Certificate No. 4118 C.E.C. File No. 88.001-D6 Date: :; Z4. ,,7 ~ Attachment A Page -ll.. of ~ Pages Easement No. 00128(3955-11) Packet Page -1802- 9/27/2011 Item 16.0.4. ,-.... . COASTAL ENGINEERING CONSULTANTS, INC. Development Consultants · Coastal Engineers. Marine Scientists CIvil Engineers. Surveyors. Appraisal and Real Estate Consultants 3106 S. Horseshoe Dt. Naples, Florida 33941 . (813) 643'2,324 TERMINAL STRUCTURE EASEMENT DESCRIPTION Commencing at perman~nt reference monument "Caxambas" as shown on the Coastal Construction Control Line Plat of Collier County, recorded on July 29, 1980 in C.C.C.L. Book NO.1, Pages 13 through 25 of the Public Records of Collier County, Florida, run S13 18'41"" to a point ,on the seaward face of a seawall 778.70 feet to a point also being on the Mean High Water Line of the Easterly shore of the Gulf of Mexico and the Point of Beginning; thencB leaving said face of seawall rUB 500000'OO"E 100.00 feet; thence 590 OO'OO"W 786.47 feet; thence NOO OO'OO"W 750.07 fees; thence N90000'00"E 527.00 fees to said face of seawall; thence 505 35'27"W 221.26 feet; thence SIB 40'22"E 295.34 feet; thence S43007'20"E 194.96 feet; thence 58l04l'l4"E 53.77 feet to the Point of Beginning. The above describes an area of approximately 10.28 acres of land submerged in Caxambas Pass and the Gulf Of Mexico. --, Bearings based on the Florida east coordinate grid zone with a bearing of S04033'49"E from permanent reference monument 64-78-A-26 to permanent reference monument Caxambas. COASTAL ENGINEERING CONSULTANTS, INC. 7(~~CLL- /~~------________ ....lames s. EiclltoonLlr P.L.S. Florida Certificate No. 41.1 C.E.C. File tJo. 88.001-D5 Date: " 7,1. r7~ - l.~'-I ~) -- Attachment A Page...Q. of.1i. Pages Easement No. 00128(.l955-11) Packet Page -1803- ~~~~~~~~~~~~~~~ i~ ..~.z..........~.... 8~g~8g~~~g=:;~~ 0 808C80'lgOgCgo':J.o::lg.~o$"Oo'tJ,ce. ~ ggggggg~~8:i~~= :. c~':~':~':rl~':':':~crl " c r 11 o 11 :c m x R o ~ ~~~~~ 8 ~ p t~ F 's sh. in ~~~~~F~P ~I' E~;~~ ~ imP ~~~:1 il ~ ~j~l~ i~t~~ L · _ n i~ i~i I ;... Oftft ~ ~ fJ>&f ~ ~ p.~~ II . I)}':. 13 . , E~C. I ~ > f~ ~ .....\11. ""'0.. .....0.. ..."'...... g 8" .. . ~ , . II'! !l. ~(~t~9 ~!pd L~lJlP2 ji~~~9I ~ C 1lI t II ~~~c~(I t,. ~:~ ~N~1~~ ~~~~all ~;t;gP ~.~~.! W~ 1 " .. .........- -...-... ::~~~~~~?~ g ~~;~~;;~~ ;! !3~'tlo-advv i !..!N~00oc.E mH ~ C ~ m. 'p -< n; 9/27/2011 Item 16.0.4. -. ill " " . ~ ~ ~ :. " ~ 1lJ 8 ! I If . OOaoo' Gl ~ 1: 1:1 ~ PI ~ ~ ~ d' '. ..-.., tm li i ~ "'liim " , ______ ffiJ> ~- ~ ~ ~ ,/ ./ / )J " 2 ~ <= " :t ~ m m .s~ '" m " ~ Ii m v v n ~ ii ~ " o " " ~ j ...~, " ~mj?l f i;~ii~ " ..-. 'r .1 ~ Wt~1 'i , :' i ~ : =, e A ~ ~ Attachment A Page...!!. or ~ Pages Easement No. 001Z8(3955-11) ---------- ------c~~Q"Z ---- 3:'::'0:;;':;' C!J,XL\ ,', 'I BL'.:.. ~S5 ~;~~~!ij ~~~i~F~~ :;'1::1: ....!:;:t. ;:'" ~.~::: ~ ....l..,..n ~~f~:E:! ,-;:. :. =::..i:u ~H:i;=: r~~~~ii ~.. ..... !~;r~i! f ;j -. Packet Page -1804- ~. !" ,.. t 0 . Ii . ~ ~ ~ ~ ~ ~ II: g ~ n % n " t- o n % Ii ~ E~ % % . 0 l::~ % '" % a :::% " % 0 '" . E 00 c c <; :ti ~~ % 0 Iii ~ '" n % o~o 5 3 ~ % " % ~ co ~ ). '" ~~a~~~ = t:;; ~ ~ ~ NI N N..... 0 (") ~~~~!g eft ClIO ClIO Cl - ~ z ~ ~, ~; VI > <- PI 0 " ~, 0 ~ )> '" '" C 1"'1 n c 0 0 % . rn Vi ~ '" c m ~ ). ;<; Z ::;: 0 l> % n -< m . " -; g " ;; 0. ~ 9/27/2011 Item 16.0.4. :<l 0 I .. ... 3: )> :;0 () 0 Vl r )> Z 0 '" I ... III ,., X u; -1 Z C'l VI ,., )> :If: >- r- M r- X ~ Z C1 % ~ ~ ~Ii I o f. / "-573162 .;. DNR EASn..([NT 00128(3955-11 ) ... ,. co ::; "''''572567 ~ I~ I:> ,. !i , , ! i C/e, ~1BA,S F'j~5S (/ ---j() .----J ~~2 ~ -'J:<~))\\~( I ' I ,---~--- ,r, i--J / ~~-:: LJ '----"'_~////~..--/ ~ i~~~ ~~ 17---- ~ --- .:...---- Attachment A Page ~ of ~ Pages Easement No. 00128/3955-11) PacketPage-180S- 9/27/2011 Item 16.0.4. Billing Contact Person: BILLING INFO~ATION FORM PAYMENTS FOR (jolT- 'i'1'=.,! / /4;, 0 3&' '1 '~~ 'If:' I ~ Facility Address: Mailing Address: I z~L City: State: Telephone Number: Fax Number: ( ) Area Code ( ) Area Code E-Mail Address: SALES TAX CERTIFICATION/EXEMPTION Six percent (6%) sales tax is due on each lease fee payment unless the Lessee can claim an ownership exemption. IlWe are exempt from sales tax for the reason checked below. Government Agency: (Exemption Number) Exempt Organization: (Exemption Number) Lease and collect sales tax on all available dock spaces. (Sales Tax Number) .--..... Lease and collect sales tax on some available dock spaces but fully assume the responsibility to remit six percent sales tax on that portion of space on which no sales tax is charged. (Sales Tax Number) None of the above can be ciaim ed, A copy of the Florida Annual Resale Certificate For Sales Tax or the Certificate of Exemption must accompany this form to claim this exemption pursuant to Section 212.07(1 )(b), F.S. If Lessee is a Business/Corporation, Federa] Employer Identification Number: --------------------------------------------------------------------..------------.. I1We certify that the above information is correct and agree to NOTIFY THE BUREAU OF PUBLIC LAND ADMINISTRATION'S ACCOUNTING SECTION AT (850) 245-2720 within 30 days of the date of any change in the above designated billing agent, phone number, fax number or Lessee's tax status. Signed: Lessee/Authorized Entity Date ~ Form 18-21.900(1), Effective 10-]5-98 [Technical Change 5-21-03; Rev. 7-26-07, 5-7-09] Packet Page -1806- 9/27/2011 Item 16.0.4. DEPARTMENT OF ENVIRONMENTAL PROTECTION RECEIPTS SECTION ~ST OFFICE BOX 3070 . ALLAHASSEE, FL 32315-3070 Bill To: COLLIER COUNTY FLORIDA 3299 TAMIAMI TRAIL EAST, SUITE 303 NAPLES, FL 34112 -- ~~~ - ~-~-- --- - - ~--~--- INVOICE ** INVOICE /INSTRUMENT INFORMATION ** Invoice #: 59728 Instrument #: 111460389 Invoice Date: 08/16/2011 Expiration Date: 01/23/2020 Due Date: 09/15/2011 Rate: ~~~MERGED EASEMENT NO Term: 30 DAYS Surcharge: NO SURCHARGE Location: MARCO ISLAND/BREAKWATER AND TERMINAL GROINS ".-. ** IMPORTANT REMINDERS ** Please return/remit a copy of this invoice with your payment, if paying by mail. Online payment by check, credit card or debit card is now available at http://www.fldepportal.com/go/pay-invoices/. Late payments are subject to a 12% Interest fee pursuant to FAC 18-21.011(1)(b}11. INFORMATION ANNUAL LEASE FEE DATA Description Memo Object Square Rate Discount Surcharge *Amount Feet SUBMERGED I ! EASEMENT 001021 0 0 N/A N I $581.00 PROCESSING I FEE Subtotal $581.00 Sales Tax (0.0%) $0.00 Nom: AGENT: C.WALLACE. SDR County Tax (0%) $0.00 Total $581.00 Ba/ance Due $581.00 *ANNUAL LEASE FEE FORMULA = [(Square Feet * Rate) - Discount] + Surcharge For any questions concerning this Invoice, please call (850) 245-2720. -.. Packet Page -1807- 9/27/2011 Item 16.0.4. DEPARTMENT OF ENVIRONMENTAL PROTECTION RECEIPTS SECTION POST OFFICE BOX 3070 TALLAHASSEE, FL 32315-3070 ~ Bill To: COLLIER COUNTY FLORIDA 3299 TAMIAMITRAIL EAST, SUITE 303 NAPLES, FL 34112 --- - - ~ - - - -- - -- - ~- -- INVOICE ** INVOICE I INSTRUMENT INFORMATION ** Invoice #: 59728 Instrument #: 111460389 Invoice Date: 08/16/2011 Expiration Date: 01/23/2020 Due Date: 09/15/2011 Rate: ~~~MERGED EASEMENT NO Term: 30 DAYS Surcharge: NO SURCHARGE Location: MARCO ISLAND/BREAKWATER AND TERMINAL GROINS ** IMPORTANT REMINDERS ** Please return/remit a copy of this invoice with your payment, if paying by mail. Online payment by check, credit card or debit card is now available at http://www.fldepportal.com/go/pay-invoices/. Late payments are subject to a 12% Interest fee pursuant to FAC 18-21.011(1)(b)11. ~ I INFORMA TION ANNUAL LEASE FEE DATA Description Memo Object Square Rate Discount Surcharge *Amount Feet ~ SUBMERGED I EASEMENT 001021 0 0 N/A N $581.00 PROCESSING I FEE Subtotal $581.00 Sales Tax (0.0%) $0.00 Note: AGENT: C. WALLACE. SDR County Tax (0%) $0.00 Total $581.00 Balance Due $581.00 *ANNUAL LEASE FEE FORMULA = [(Square Feet * Rate) - Discount] + Surcharge For any questions concerning this Invoice, please call (850) 245-2720. ~ Packet Page -1808-