Backup Documents 09/10/2013 Item #16A21 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI 6 A 21
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J.
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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 G$-j�j�iL 9-10-13
4. BCC Office Board of County b
Commissioners �5) ` . \-2--
5. Minutes and Records Clerk of Court's Office l
ct PRIMARY CONTACT INFORMATIO
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 Gail Hambright �,<k>c \-Z-crr'o" Phone Number 252-2966
Contact/ Department j i <- (2.. -,e_Art
Agenda Date Item was 9/10/13 Agenda Item Number 16A21
Approved by the BCC
Type of Document Easement Number of Original 2 *
Attached 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? gh
2. Does the document need to be sent to another agency for additional signatures? If yes, gh 5ce.
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. rto-ke.. ex*
3. Original document has been signed/initialed for legal sufficiency. (All documents to be tUo' cs
signed by the Chairman,with the exception of most letters,must be reviewed and signed gh
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's gh
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the gh
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's 94-
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip ,5,'
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding t Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware o our deadlines!
8. The document was approved by the BCC on 9/10/13' (enter date)and all changes i,,c
made during the meeting have been incorporated in the attached document. The
County 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 k
Chairman's signature.
*PLEASE RETURN ONE ORIGINAL TO GAIL HAMBRIGHT
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revi -■ . 4.05;Revised 11/30/12
16A21r
MEMORANDUM
Date: September 16, 2013
To: Gail Hambright, Accountant
Coastal Zone Management
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Sovereignty Submerged Lands Easement
Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida
Attached, please find two (2) original of the document referenced above
(Item #16A21), approved by the Board of County Commissioners on
Tuesday, September 10, 2013.
Please forward a fully executed original to the Minutes and Records Office so it's kept as
a part of the Boards Official Records
If you have any questions, please call 252-7240.
Thank you.
16A21
This Instrument Prepared By:
Karri Mac1nnes
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.41519
BOT FILE NO. 110236855
PA NO.0235209-003-1C
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 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 50 years from October 11,2012 the
effective date of this easement. The terms and conditions on and for which this easement is granted are as follows:
I. 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.0235209-003-1C,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 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.
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.
[40j
1
6A21 5
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 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
3299 Tamiami 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 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
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 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. 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 must 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 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.
17. 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 from the Grantor,with the exception of emergency repairs,except for those authorized by State permits. 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.
Page 2 of 5 Pages
Easement No.41519
fi
16A211
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
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 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. 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.
i I r
W it S CollkCounty,Fl ida ; (SEAL)
By its Boar of C nty commissioners
duk BY:
Origi R i!!s!R!a! Original S' t of xecuting Authority
iI ,,
e I. ire Geoirgia A.Hiller
Typ . ' li,Name of imess / typed/Printed Name of Executing Authority
•t , /', Chairwoman
Origin: i s , ure Title of Executing Authority
gi
�tvr<\lri\0.( \ `V
Typed/Prin ed Name of Witness "GRANTEE"
STATE OF FLQfe_1Q;i
COUNTY OF C0LL( e f<
The foregoing instrument was acknowledged before me this t " \day of S -'
� ''b _If,20.i 3,by
Georgia A,Hiller as Chairwoman,for and on behalf of the Board of County Commissioners o Collier Coun Florida. He is
personally known to me or who has produced YZ 1C4._ ,as identification.
My Commission Expires: w `/
. c�ne. 11 , 2_O 1'1 Notary P .lic,State of \.... — •
Commission/Serial No. F F l tq 3`b Printed,T or Stamped Name
Pa Nrrr ved as to form and legality
Ear me 9 VIRGINIA A.NOT ter��\\y�
tillNotary Public:Maio of Florida /
My Comm. Expires Jun 23. 201 (� __� ( y I -" Commission I FF 11938 %
Assistant County Attorney
'%;';'''''' Bonded Thr,ughNationalNolaty 4,sn
O.
( -
16A21
COASTAL CECI Group Services
ENGINEERING Civil Engineering
Planning Services
P CONSULTANTS Surve/a Mapping
INC Coasrol Engineering
Real Estate Services
A CECI GROUP COMPANY Website:H ww.coostalengineering.com
SOUTH MARCO ISLAND BORROW AREA
PROPOSED SUBMERGED LANDS EASEMENT
DESCRIPTION
A PARCEL OF SOVEREIGN SUBMERGED LANDS IN CAXAMBAS PASS, 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-
A24 WITH A NORTHING OF 588,145.0367 FEET AND AN EASTING OF
410,914.7347 FEET RELATIVE TO NORTH AMERICAN DATUM 1983, FLORIDA
EAST ZONE, RUN S 22°57'21" E FOR A DISTANCE OF 16,535.58 FEET TO THE
POINT OF BEGINNING.
THENCE S 36°06'27"E 105.21 FEET;
THENCE S 16°45'15"W 398.93 FEET;
THENCE S 57°28'18"W 1,846.70 FEET;
THENCE N 32°29'45"W 359.25 FEET;
THENCE N 57°18'41" E 2,142.30 FEET TO THE POINT OF BEGINNING, 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.
FLORI r,• USIN ORIZATION NO. LB 2464
,'
. �etr.
RICHARD J: EWJN .P..
PROFESSIONALS s RVEYOR AND MAPPER
FLORIDA-CERTIFICATE'NO;5295
NOT VALID.WIThbUT THE SIGNATURE AND
THE ORIINALUISEI),SEAL OF A FLORIDA
LICENSEE?;S1,JRVEXOR AND MAPPER
CEC FILE NO;j 1;8113
DATE: /• 2 a--/2-'
3106 S.Horseshoe Drive.Napes.Florida 34104-6137 • Phone(239)643-2324 Fax(239).643-1143 • E Mail:info9cecifl.com
Attachment A
4 of 5 Pages
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