Backup Documents 05/24/2011 Item #16A 6ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper_ Attach to original document Original documents should be hand delivered to the Board Office. I he completed routing slip and original
documents are to be trimarded to the Board Office only after_ the Hoard has taken action on the vem.l
ROUTING SLIP
Complete routing lines #1 through #4 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 throu muting lines #1 through #4, complete the checklist, and forward to Ian Mitchell (Iim #5).
Route to Addressee(s)
List in muting order
Office
Initials
Date
I.
Specialist, Growth Management Division
(Initial)
Applic able)
2.
May 24, 2011
Agenda Item Number
16.A.6
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4. Ian Mitchell, BCC Supervisor
Board of County Commissioners
Number of Original
1
5. Minutes and Records
Clerk of Court's Office
Documents Attached
6. Rebecca Harding
Transportation Engineering1RO W,
Growth M mt. Division
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending HCC approval. 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, including Ian Mitchell, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature arc to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Rebecca Harding, Property Acquisition
Phone Number
252 -5805
Contact
Specialist, Growth Management Division
(Initial)
Applic able)
Agenda Date Item was
May 24, 2011
Agenda Item Number
16.A.6
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Sovereignty Submerged Lands Easement
Number of Original
1
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1,26.05. Revised 2.24.05
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applic able)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
n
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike- through and revisions have been initialed by the County Attorney's
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Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of to
document or the final negotiated contract date whichever is applicable. �e Al ✓ZP
i
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
�-
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 5/24/2011 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
(�
County Attorney's Office has reviewed the changes, if applicable.
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1,26.05. Revised 2.24.05
MEMORANDUM
Date: June 16, 2011
16A6
To: Rebecca Harding, Property Acquisition
Transportation Engineering & Construction Management
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Sovereignty Submerged Lands Easement with State of
Florida's Board of Trustees of the Internal Improvement
Trust Fund regarding a Vanderbilt Drive Bridge
that crosses the Cocohatchee River
Attached for further processing is the original document referenced above,
(Item #16A6) approved by the Board of County Commissioners May 24, 2011.
Upon return from the State with the required signatures and after staff
has recorded the easement in the Official Land Records, please return
the executed original document to this office where it will be held in the
Official Records of the Collier County Board of County Commissioners.
If you have any questions, please contact me at 252 -8406.
Thank you.
Attachment
This Instrument Prepared By
Taurean 1. Lewis
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
SOVEREIGNTYSUBMERCED LANDS EASEMENT
NO 41093
BOT FILE NO. 1111233255
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 ITNESSETH. 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 submerged land in Sections 17 & 20,
Township 48 South, Range 25 East, in Cocohatchee River,
Collier County, as is more particularly described
and shown on Attachment A, dated Februan 21. 2008.
TO HAVE THE USE OF the heremabove described premises from June 20, 2008, the effective date of this easement.
The terms and conditions of 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 public transportation purposes
only by or under the supervision of STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION or such local
governmental entity having maintenance responsibility . Grantee shall not engage in an) activity except as described in the
South Florida Water Management District, Submerged Lands ERP General Permit No 1 1- 01 536 -S, dated June 20. 2008.
incorporated herein and made a pan 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 he 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 dale 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 he prospective in nature. i.e. the, shall begin to
accrue on the date that the amended rules become effective
3..AUTOMATIC TERMINATION'. This easement shall automatically terminate when, in the opinion of Grantor,
the easement is not 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 TITLE /GU.ARANTEE 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
5. RIGHTS GRAN FED I he 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
6. DAMAGE TO EASFMFNr PROPERTY AND IN TPRFFRENCE Wj H] PUBLIC AND PRIVATE RIGHTS.
Grantee shall not damage the easement lands or unduly interfere with public or private rights therein.
J GRANTORS RICH] TO GRANT COMPATIBLE USES OF THE EASEMENT PROPFR'fI'. This easement is
nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the properly 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 easement.
8. RIGHT TO INSPECT. Grantor, or ns duly amhonmd agent shall have the right at am time to inspect the trorks
and operations of the Grantee in any matter penammng to this easement.
[41]
MIRIV
9 RIGHT "TO'FERMINAI E 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 terminate 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 INEOUI I IES Any inequities that mac subsequently arise as a result of this casement
shall he subject to negotiation upon written request of either pain hereto, and the parties agree to negotiate in good faith. In
case of failure by the respective staffs to resolve the con0icgs), the matter shall be referred to the Grantor for final resolution
11 INDEMNIFICATION /INVESTIGATION OF ALL CLAIMS. The Grantee shall investigate all claims ore,er_v
nature at its expense_ Each pare 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 fie construed as an indemmR or a
waver of sovereign immunity enimed by any parry hereto, as provided in Section 76828. Florida Statutes, as amended from
time to time, Manx other law prodding limitations on claims.
12 ASSIGN MEN] OF E.ASEMENT'. This easement shall not be assigned or otherwise Iransfcrted 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.
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 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.
14 CESSATION OF AUTHORIZATION/REMOVAL OF STRUCTURES. Upon termination of this easement all
authorization granted shall cease and terminate and Grantee shall remove all facilities and related structures erected at its
expense.
15. 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.
16 RECORDATION OF EASEMENT. The Grantee, at its own expense, shall record this fully executed easement
in its entirep 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 ofthe recorded easement in its
entirety which contains the O.R. Book and pages at which the easement is recorded.
17. 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.
18 ACOE AUTHORIZATION. Prior to commencement of construction and /or activities authorized herein, the
Grantee shall obtain the U.S Army Corps of Engineers (COE) permit if it is required by the COE. Any modifications to the
construction and/or activities authorized herein that may he required by the COE 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.
19 ADDI I ZONAL STRUCTURES OR ACT] VITIFS 'EMERGENCY STRUCTURAL REPAIRS. No additional
structures shall he 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 suvereignt, . 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 he considered unauthorized and a vnolatiun 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, safer or welfare, the Grantee shall notitv the Grantor of such repairs as quickly as
is practicable: provided. however, that such emergency activities shall not exceed the acts% sties authorized by this easement
20 UPLAND RIPARIAN PROPERTY INTERFS'F During the term of this easement. Grantee must have
satisfaction evidence of sufficient upland interest as defined in Rule I8 -21 003(57). Florida Administrative Code, to the extent
required by paragraph I8- 21.004(3fib). Florida Administratn °e Code, in order to conduct the activity described in this
easement. Hat any time during the term of this casement. Grantee fails to comply with this requirement. use of sovereign[),
submerged lands described in this easement shall immediateh cease and this easement shall terminate and title to this
easement shall revert to and rest in the Grantor immediateh and automaticalh
Page 2 of 7 Pages
Easement No 41093
WIINFSSES:
Original Signature
Print /Type Name of Witness
Original Signature
Print/Type Name of Witness
STATE OF FLORIDA
COUNTY OF LEON
BY
16A6
BOARD OF 'I RUSTLES OFTHE INTERNAL
IMPROVEMENT TRUSF FUND OI' THE STATE
OF FLORIDA
Jeffery M. Gentry, Operations and Management Consultant
Manager. Bureau of Public Land Administration. Division
Division of State Lands, State of Florida Department of
Rnv ironmental Protection. as agent for and on behalf of the
Board of "I rustees of the Internal Improvement Trust Fund of
the State of Florida
"GRANTOR"
(SEAL)
The foregoing instrument was acknowledged before me this day of , 20, by Jeffery
M. Gentry, Operations and Mann. ement Consultant Mana er 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. fie is personally known to me.
APPROVED AS "FO FORM AND LEGALITY:
DF.P Attorney
ATTEST: 4 ±v.:........
DWI GHBRfSK. �I
k'•, .,� -
BY:.�
Al as hairm
+s 'gnatare Only
Attest As
47
Jeff $. yight. Assistant County Attorne}
ST ATE OF FLORID A
CO UN OF COLLIER
The foregoing instrument was ac.
CcL%k as Chairman for and on behalf of the
me or who has produced
My Commission Expires
Commission /Serial
Page 3 of 7 Pages
Easement No. a 1093
BY
Notary Public, State of Florida
Printed,'lyped or Stamped Name
My Commission Expires:
Commission /Serial
by its Board of County Commissioners
Signature of Executing
"Typed /Printed Name of Executing Authority
Chairman
Title of Executing Authority
-GRANTEE"
before me this 25" day of M , 2011 , by Fred W.
untv Commissioners of Collier Countv. Florida Ha is nersonally known to
as identification.
Notary Public. State of I • t tLQ R %D H
Printed. Typed or Stamped Name
..............................................
IAN MITCHELL
A9.% Cann# DD0810020
Expires 7129 =12
tt A FbMs Notary Assn., Inc
w.............. ...............................
1
Section 17 & 20
Township 485
Range 2SF
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Project Location Map
P
var,
7CT /ON
W. DEXTER BENDER
AND ASSOCIATES ill Exhibit 1.0
d'NfLRONKY"s, i KA04 G17NSmda pe Application No. 080312 -17
FORT KY6RS, PL (9f l/ 99f -9680 (j[(/ /SED'
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