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Backup Documents 09/27/2011 Item #16D4ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 04 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. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) 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 through routing line, # 1 through #4 complete the ehe L-1iq —A f ..­ A — c..e I:-- — Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. /+' �� �^ 1 2. Original document has been signed /initialed for legal sufficiency. (All documents to be Agenda Date Item was Approved 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed by the BCC _;27—)j 4. Colleen M. Greene, ACA County Attorney C I, 5. Ian Mitchell, BCC Executive Manager BCC Attached i't_t 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC 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 Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Q I Yes Phone Number 252 -2966 appropriate. /+' �� �^ 1 I . Original document has been signed /initialed for legal sufficiency. (All documents to be Agenda Date Item was Approved Agenda Item Number signed by the Chairman, with the exception of most letters, must be reviewed and signed by the BCC _;27—)j by the Office of the County Attorney. This irr' -'.es signature pages from ordinances, Type of Document 0 Number of Original resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, have Attached i't_t Documents Attached agreements, etc. that been fully executed by all parties except the BCC INSTRUCTIONC & f NF.f Ki .TQT I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS 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) Applicable) I . 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 irr' -'.es signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, have agreements, etc. that 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 Office and all other parties except the BCC Chairman and the Clerk to the Board N' 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6r-p (:7- 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 Sue Filson 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 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16D4 MEMORANDUM Date: September 30, 2011 To: Gail Hambright Coastal Zone Management From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Sovereignty Submerged Lands Easement Renewal Attached, find please find one (1) original of the document referenced above, (Item #16D4) approved by the Board of County Commissioners on Tuesday, September 27, 2011. Please forward a fully executed original upon receipt to the Minutes & Records Department to be kept as part of the Board's Official Records. If you have any questions, please call 252 -8411. Thank you. August 16, 2011 1604 Florida Department of Rick Scott Governor Environmental Protection Jennifer Carroll 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: Marjory Stoneman Douglas Building Lt. Governor 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 Herschel T. Vinyard, Jr. Secretary RECEIVED AUG 18 2011 Rowd of Courtly CoRx "Won" 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 212.03(6) and 212.031(3), Florida Statutes. 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. 'Afore Protection. Less Process " x x w. dep. statefl. ass Collier County, Florida Page 2 August 16, 2011 16D4 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, 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 16D4 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. 1114603 89 EASEMENT NO. 00 128(3955-11) 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 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. HAVE THE USE OF the hereinabove described premises from January 23, 2010, 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 of land shall be used solely for 3 breakwaters and 2 terminal groins. 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 r�F t ICF nF e►.in, 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/iNVFSTIGATt N OF ALL CLAIMS: MS: 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] 16,04 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. 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, Florida 3299 Tamiami Trail East, Suite 303 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. 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. 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 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 RIPARIAN 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 18- 21.004(3)(b), Florida Administrative Code, in order to conduct the activity described in this easement. If at 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 2 of 15 Pages Easement No. 00128(3955 -1 1) 16D4 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 3 of 15 Pages Easement No. 00128(3955 -1 1) WITNESSES: Original Signature Print/Type Name of Witness Original Signature Print/Type Name of Witness STATE OF FLORIDA COUNTY OF LEON 1604 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) 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 "GRANTOR" 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: DEP Attorney WITNESSES: Original Signature ryped/Printed Name of Witness Original Signature Typed/Printed Name of Witness STATE OF COUNTY OF Notary Public, State of Florida Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No Collier County Florida (SEAL) By its Board of Copirmssioners BY: W Original Signature of Executing Authority Fred W. Coyle Typed/Printed Name of Executing Authority Chairman Title of Executing Authority "GRANTEE" The foregoing instrument was acknowledged before me this 2:i- day of +�+V 20 l l , by Fred W. Coyle as Chairman, for and on behalf of the Board of County Commissioners of C_ of er County, Florida. He is personally known to me or who has produced , as identification. M GoWmisaioc► .. ... ........N IAN MITCHELL 01"k Comm DD08100 S = es 7/29�2t)12 e Con rer=—' LAan_ Y�e MN \N...N.N.N.N.NNM.MNYNN..N�M r �r Notary P ic, S to of L.O CL t l7f} I64N MITCHELs- Printed, Typed or Stamped Name Approved as to form & legal sufficiency Page 4 of 15 Pages Easement No. 00128(3955 -1 1) WNO�—, Colleen Greene, Assistant County Attorney f ATTEB' DWI ignature 4 iii,. 16 ' \ irr � ' ' � �� 11 ` t•' \7 �. ••:" l;j:I's..fnp . 0,k, �`, ,�• N OR T �......... J BORROW IF AREA('' j i+ri t M R s r \ �.. . \�� \/ �Fj.h.`����'• i : : }. Vii'. ..,�i.. 12 l :V 1 re Bear Wn, i !' . V' ;^ �:ir•'•'i,��".I+. "',•�a,�tl'` ' ij is •-_r. % ■\ \• J, �v e L ,� •, =,�y� = {_�,p{. >t; r� nip+ -,�.. a J: � � / • loll ' "•`j,� d +• -' 'lt a�' t ` �r ' �Fyl \ k ''�i t_ �, ,• , .• �, petal f� 4L. ¢ • /.eve �� � '� < � t�;� 1. � 1 �;Ct�^fy.;,i M\•' 'a' ,v : \'• ' • ' � •,r: s y. _�::. L: \�� 1-A� w w.. f 11 • : j "Y." 7 *J,3• >`. �r ' \ A.. t. �,� . 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TRUCTUR�S..� ,c PP s O,IJTH."JBORROW.,.AREA . cPxamb• ' t `'�, 4f Q ?• ,r� , • {i Zj'„�. I`le 4 ip •; t.�. ;., Dickman �/ s e 4 S -Z: �,!;t't >+. �,J> . •• -a `, ;; 1a 1" ,� `. r Pt Vl r ! $10000 �'..a ri .aaii jJ1•fl!a ';'••v'':lt .. _ ... .................... ........ FEET SG ARC QUA ANGLE 20 :Attachment 1 Page 5 of 15 Pages F.asenlent No. 00128(3955 -11) 16D4 COASTAL ENGINEERING CONSULTANTS, INC. Development Consultants • Coastal Engineers • Marine Scientists Civil Engineers • Surveyors • Appraisal and Real Estate Consultants 3106 S. Horseshoe Dc • 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, 29, 1980 in C.C.C.L. Book No. 1, Pages 13 through 25 oftheePubliic Records on July Of Collier County, Florida, run N24 25'56 "W 5739.97 feet 0to the Point of Beginning; thence Nll 00'00 "E 3600.00 feet; thence 1479 0010011W 2100.00 feet; thence S11 ° 00'00 "W 3600.00 feet; thence S79 00'00 "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. Bearings based on the Florida east coordinate grid zor:e with a bearing of S44 0 29'51.9 "E from permanent reference monument 64- 78 -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: .. M,97 .lttaehu1ent A Page 6 of 15 Pages Easement No. 00128(3955_11) 1604 COASTAL ENGINEERING CONSULTANTS, INC. Development Consultants • Coastal Engineers • Marine Scientists Civil Engineers • Surveyors • Appraisal and Real Estate Consultants 3106 S. Horseshoe DE • Naples, Florida 33941 • (813) 643.2324 TEMPORARY PIPELINE EASEMENT "D" DESCRIPTION Commencing at permanent reference monument 64- 78 -A -24 as shown on the CoaStc Construction Control Line Plat of Collier Count 29, 1980 in C.C.C.L. Book No, 1, Pages 13 through 25 of the Public Records County, recorded on July of gollier County, Florida, run N24 25'56 "W 5739.97 feet; thence N79 00'00 "W 404.17 feet t 4414.14 feet; 8 the Point of Beginning; thence S530 16114"E thence S21 008'0711E 1507.20 feet; thence S53°16'14 "E 3495.98 feet; thence.N8� 43'46 "E 1414.21 feet; 981.72 feet; thence S52 40'12 "E 168.12 feet; thence N6 43'46 "E 203.24 feet; thence S550�9'15 "E 130.24 feet; thence S60014'21 11E 2509.27 feet; thence N53 16'14 "W 6200.00 feet.thence S36 4'46 "W�� 5618.16 feet; thence S79 00'00"E 500.00 feet to the nPointlOf Beginning. pProximat The above describes an area of a g submerged in the r;ulf Of Mexico,ely 174.58 acres of land Bearings based on ° the Florida east coordinate grid zone with a bearing S44 Permanen29'51.9 "E from permanent reference monument 64- 78 -A -24 to n of reference monument 64 -73 -A -252. t COASTAL ENGINEERING CONSULTANTS, INC. - - -- ------- - - - - -- James S. Richmond, P.L.S. -- - - - - -- Florida Certificate No. 4118 C.E.C. File No. 88.001 -D10 Date: 3 Attachment A Page 7 of 15 Pages 11 "asement No. 00128(3955 -11) COASTAL ENGINEERING 1604 CONSULTANTS, INC. Development Consultants • Coastal Engineers • Marine Scientists Civil Engineers • Surveyors • Appraisal and Real Estate Consultants 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 Collier County, Florida run N24025156 "W 5739.97 feet; thence NllOoo'OO "E 53.73 feet to the Point of Beginning; thence N11oOO'OO "E 644.02 feet; thence S39055146 11E 2451.85 feet; thence S65037133 11W 107.13 feet; thence S5101511l "W 192.79 feet; thence S59046135 11W 509.15 feet; thence SO60411O2 "E 1211.84 feet; thence SO20O612O 11W 1360.92 feet; thence S34006152 "E 374.43 feet; thence S3903O128 11E 738.78 feet; thence S6202615O "E 259.42 feet; thence S5O02715O 11E 816.88 feet; thence S76015149 11E 463.25 feet; thence S38041143 91E 164.01 feet; thence N76015149 "W 616.15 feet; thence N5O02715O 11W 829.29 feet; thence N6202615O "W 269.22 feet; thence N3903O128 11W 763.78 feet; thence N34006152 "W 411.85 feet; thence NO20O612O 11E 1385.94 feet; thence NO6041102 11W 1899.94 feet; thence N39055146 "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. -- -- ------ - - - - -- )Florida ames S. Richmond, P.L.S. Certificate No. 4118 C.E.C. File No. 88.001 -PE Date: 9 -I4 ?C) Attachment A Page 8 of 15 Pages Easement No. 00128(3955-11) � c ! % � q / q }7 � I | | q ! : ■' .. ,� � !� ��� §._ • - .� | ■• � :,; ` ;!!�!, ,, ■ � |��};| � § !.•'!: !7 R! :imctmml: Page 9 of 1 v-ages N mein No. l(Q%l95 &!H cP. X>._ K 1604 COASTAL ENGINEERING CONSULTANTS, INC. Development Consultants • Coastal Engineers • Marine Scientists Civil Engineers • Surveyors • Appraisal Real Consultants S. Horseshoe DE Naples, 33941 (813) 643 4 TEMPORARY BORROW AREA EASEMENT 114" DESCRIPTION Commencing at permanent reference monument "Caxambas" as shown on the on July Coastal Construction Control Line Plat of Collier Count y, 29, 1980 in C.C.C.L. Book No. 1, Paces 13 through 25 oftheePublic Records of Sollier County, Florida, run S13 18'41 1'W 778.70 feet; thence SOO 00'00 "E 100.00 feet to the Point of Beginning; thence 990 00100 11W 3072.77 feet; thence SOO °00'00 "E 1462.28 feet; thence N90 00'00"E 3300.00 feet; thence N78 00'18"E 2898.71 feet; thence NOg 00'00 "E 700.00 feet; thence N78 41'24 "W 1529.71 feet; thence S90 °00'00 "W 1112.29 feet; thence S45 00'00 "W 406.89 feet• 127.23 feet to the Point of Beginning. ► thence S90 00'00 "W The above describes an area of approximately 193.71 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 SO4 0 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 -11 Date: Y-?If lq� I Attachment A Page 10 of IS pages Easement No. 00128(3955 -11) 1604 COASTAL ENGINEERING CONSULTANTS, INC. Development Consultants • Coastal Engineers • Marine Scientists Civil Engineers • Surveyors • Appraisal and Real Estate Consultants 3106 S. Horseshoe DE • 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 r d on July 29, 1980 in C.C.C.L. Book No. 1, Pages 13 through 25uofytheePublic Records Of Collier County, Florida, run S13 18'41 "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 �e Point of Beginning; thence leaving said seawall face run S0� °00'00 "E 100.00 feet; thence 590 °00'00 "W 3072.77 feet; thence N70 21'30 "E 3301.74 feet to a Department of Natural Resources monument T -148 as shown on said plat; thence S58003'38 "W to a point on said face of seawall 327.68 feet; thence S05 35'27 "W 408.56 feet; thence S18o40'22 "E 295.34 feet; thence S43 °07'20 "E 194.96 feet; '/thence S81 41114 "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. Beadrings based on the Florida east coordinate grid oe SO4 33'49 "E from permanent reference monument 64178ZAn26�tollpermanentg of reference monument Caxambas. COASTAL ENGINEERING CONSULTANTS, INC. - -- --------------- - Jam -- es S. Richmond, - P.L.S. Florida Certificate No. 4118 C.E.C. File No. 88.001 -D4 Date: 3 4441( Attachment A ,'age 11 of 15 Yages Easement No. 00128(3955_11) 16n4 COASTAL ENGINEERING CONSULTANTS, INC. Development Consultants • Coastal Engineers • Marine Scientists Civil Engineers • Surveyors • Appraisal and Real Estate Consultants 3106 S. Horseshoe Dc • Naples, Florida 33941 • (813) 643 -2324 REEF BREAKWATER EASEMENT DESCRIPTION Commencing at permanent reference monument "Caxambas" as shown on the Coastal Construction Control Line Plat of Collier Count 29, 1980 in C.C.C.L. Book No, y, recorded on July of �1980i Count 1, Pages 13 through 25 of the Public Records County, Florida, run S13 18141 "W 778.70 feet; thence SOO 00'00 "E 100.00 feet; othence S90 °00'00 "W 786.47 feet to the Point of Beginning; thence SO8 00'00 "W 149.93 feet; thence S90o00'00 "W 500.00 feet; thence N00 00'00 "E 1300.00 feet; ► „ 500.00 feet; thence S00 °00'00 "E 1150.07 feet tot the cPointt of Beginning. The above describes an area of approximately 14.92 acres of land submerged in Caxambas Pass and the Gulf Of Mexico. Bearings based on the Florida east coordinate SO4 33'49 "E from permanent reference monument 64-7 zone with a bearing of reference monument Caxambas. 78 -A -26 to permanent COASTAL ENGINEERING CONSULTANTS, INC. - -- S:: / - - - - -- --- - - - - -- James S. Richmond, P.L.S. Florida Certificate No. 4118 C.E.C. File No. 88.001 -D6 Date: ?- z'i- Aor-T Attachment A Page 12 of 15 Pages Easement No. 00128(3955_11) 1604 COASTAL ENGINEERING CONSULTANTS, INC. Development Consultants • Coastal Engineers • Marine Scientists Civil Engineers • Surveyors • 3106 S. Horseshoe Dc y Naples, p Appraisal and Rea( Estate Consultants es Florida 33941 813) 643.2324 TERMINAL STRUCTURE EASEMENT DESCRIPTION Commencing at permanent reference monument "Caxambas" as shown on the Coastal Construction Control Line Plat of Collier County, 29, 1980 in C.C.C.L. Book No. 1, Pages 13 through 25 ofthe recorded on eecords Of Collier County, Florida, run S13 18'41 "W to a face of a seawall 778.70 feet to a point .on the seaward Records Line of the Easterly shore of the Gulf OfaMexicoland °the Point High Water Beginning; thencS leaving said face of seawall run S Pint of feet; thence S90 00'00 "W 786.47 feet, 00 °00 00 E 100.00 fee, thence N90 °00'00 "E 527.00 fee��totsaideface of seawall; -hence S05 35'27 "W 221.26 feet; -h S43 07'20"E 194.96 feet; S18 40'22 "E 295.34 feet; thence Of Beginning. thence S81 °41'14 "E 53.77 feet to the Point The above describes an area of approximate) in Caxambas Pass and the Gulf Of Mexico. y 10'28 acres of land submerged Bearings based on the Florida east coordinate grid zone with a bearing f SO4 33'49"E from permanent reference monument 64- 78 -A -26 to g reference monument Caxambas, permanent COASTAL ENGINEERING CONSULTANTS, INC. James S. Richmond - Florida Certificate PNo. S4118 C.E.C. File No. 88.001 -D5 Date: 3. j4 • 6T :1ltachwent r� Page 13 of' 15 Pages Easement Nu. 00128(3955_11) C C F 7 0 m x n 0 Fu1 o 2p q p i p b i w M g b+ b b w 8080880NUS�,.:ue �� 00 000000`00: O 000 i p 8pgpgpgpgpgpBNUp$._ °_o,r„u iii n 8000000�~i0•- w.wu �.�. O iinimimiinnnri[t 'z 0 a °'8 °8aw8 q :2 w.om C• O V C 1604 V� C b a P 0 a n L� J� ?Ina u C Per C € p� n C g o jj : 0) s :... g �A_ m e . "! ■ s4 sii a yq = io �igsaa � i:;H"i a IF :i :�tlaclunent :1 Pine 14 of 15 Pages Easement No. 001280955 -11) CAXA M BAS pA-3_9 L 0 80 0 N C C > O m m ► > T Z > T A A T D N !'1 N O r'1 Z A Z z .o n n N Z O n j c N r0 O r C A A O n 4 Z O= N N f O O C Cl Z .p N y O A b I_. N rri C) r- m K Z D ";a M n 0 O m _ rrN D D �z go D AIlachille111 :1 Page 15 of 15 Yages Easenletli Nu. 001280955.11) a J 16D4 Z u < ► O rr N 1 A z < n -i a s O n = C 2 p m 2 A = f`1 M > U U U Z V V V O n X > w O � n A N N ^+ O 0 e a " w w w f1 - O A V V Z O _O Z O r A > H w O U S N O C] ti 9 N N r O ti D i U N q . a . ci N P w m n �A A M N 1 1 - Q n T � O Z r z O > C — N n Z ICY `� N_- s ['idl� . C7� O 1 A b I_. N rri C) r- m K Z D ";a M n 0 O m _ rrN D D �z go D AIlachille111 :1 Page 15 of 15 Yages Easenletli Nu. 001280955.11) a J 16D4 BILLING INFORMATION FORM 16B4 PAYMENTS FOR �07`4-4t7 // /yc p 3 V '� Billing Contact Person: Facility Address: Mailing Address: City: State: Zip Code: Telephone Number: Area Code Fax Number: 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. I/We are exempt from sales tax for the reason checked below. [ J 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 claimed. 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, Federal Employer Identification Number: ------------ ------ - -- ----------------- I/We 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 For Recurring Revenue Section Use Only Billing Form to Accountant: Originator's signature Data Entered by Accountant: Accountant's signature Fnrm 15Z-" t onn /i , ❑fr , , r — !T _ L. 1.6,,,1,1eCl, �.nanec -_� -w; Kev. i- 26 -0I, x-7-09] DEPARTMENT OF ENVIRONMENTAL PROTECTION RECEIPTS SECTION POST OFFICE BOX 3070 TALLAHASSEE, FL 32315 -3070 Bill To: COLLIER COUNTY FLORIDA 3299 TAM IAM I TRAIL EAST, SUITE 303 NAPLES, FL 34112 ** INVOICE / INSTRUMENT INFORMATION ** 1604 INVOICE Invoice #: 59728 Instrument #: 111460389 Invoice Date: 08/16/2011 Expiration Date: 01/23/2020 Due Date: 09/15/2011 Rate: SUBMERGED EASEMENT NO 001021 0 0 FEE 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 hftp://www.fldepportal-com/go/pay-invoices/. Late payments are subject to a 12% Interest fee pursuant to FAC 18- 21.011(1)(b)l1. INFORMATION ANNUAL LEASE FEE DATA Description Memo Object Square Feet Rate Discount Surcharge *Amount SUBMERGED EASEMENT PROCESSING FEE 001021 0 0 N/A N $581.00 Note: AGENT: C. WALLACE. SDR -F Subtotal $581.00 Sales Tax (0.0 %) $0.00 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. DEPARTMENT OF ENVIRONMENTAL PROTECTION RECEIPTS SECTION POST OFFICE BOX 3070 TALLAHASSEE, FL 32315 -3070 Bill To: COLLIER COUNTY FLORIDA 3299 TAMIAMI TRAIL EAST, SUITE 303 NAPLES, FL 34112 ** INVOICE / INSTRUMENT INFORMATION ** 1604 INVOICE Invoice #: 59728 Instrument #: 111460389 Invoice Date: 08/16/2011 Expiration Date: 01/23/2020 Due Date: 09/15/2011 Rate: SUBMERGED EASEMENT NO 001021 0 0 FEE 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 hftp://www.fidepportal.com/go/pay-invoices/. Late payments are subject to a 12% Interest fee pursuant to FAC 18- 21.011(1)(b)l1. INFORMATION ANNUAL LEASE FEE DATA Description Memo Object Square Feet Rate Discount Surcharge *Amount SUBMERGED EASEMENT PROCESSING FEE 001021 0 0 N/A N $581.00 Note: AGENT: C. WALLACE. SDR Subtotal $581.00 Sales Tax (0.0 %) $0.00 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. 1604 MEMORANDUM Date: October 26, 2011 To: Gail Hambright, Accountant Coastal Zone Management From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: A Sovereignty Submerged Lands Easement Renewal with the Internal Improvement Trust Fund of the State of Florida granting non - exclusive easement of Sovereign Lands Attached, please find two (2) certified copies of the recorded easement renewal referenced above, approved by the Board of County Commissioners on September 27, 2011. The Minutes and Records Department will hold the original land easement in the Official Records of the Board. If you have any questions, please call 252 -8406. Thank you. Attachment (2) October 17, 2011 1604 Florida Department of Rick Scott Governor Environmental Protection Jennifer Carroll Collier County, FL Attn: Mr. Ian Mitchell 3299 Tamiami Trail East, Ste. 303 Naples, FL 34112 Easement No. 00128(3955 -11) BOT File No. 111460389 Grantee: Collier County, Florida Dear Mr. Mitchell: Marjory Stoneman Douglas Building Lt. Governor 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 Herschel T. Vinyard, r Secretary Enclosed is a fully executed easement for your records. The easement agreement requires the Grantee to have the fully executed easement (all pages) recorded within 14 days after receipt of this letter. The easement is to be recorded in the official records (County Clerk's office) of the county within which the easement site is located. Please provide within 10 days following recordation, a copy of the recorded easement to this office at the letterhead address (to Mail Station No. 125). If you have any questions, please feel free to contact me at (850) 245 -2720. Any future correspondence or inquiries should be directed to this office at the letterhead address above (Mail Station No. 125) or at (850) 245 -2720. Thank you for your assistance and cooperation in this matter. Sincerely, thy Griffin Government Operations Consultant I Bureau of Public Land Administration Division of State Lands /kcg Enclosures cc: File DEP, South District Office www.dep.stateAus Z V Lop —T 11.in- •non ��. -..-. .�,.... INSTR 4618416 OR 4729 PG 1420 RECORDED 10/21/2011 11:53 AM PAGES 15 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $129.00 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. 1114603 89 EASEMENT NO. 00 128(3955-11) 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 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. HAVE THE USE OF the hereinabove described premises from January 23, 2010, 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 of land shall be used solely for 3 breakwaters and 2 terminal groins. 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. INDEMNIFICATIONANVESTIGATION 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] iknit 1604 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. 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, Florida 3299 Tamiami Trail East, Suite 303 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. 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. 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 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, 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 RIPARIAN 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 18- 21.004(3)(b), Florida Administrative Code, in order to conduct the activity described in this easement. If at 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 2 of 15 Pages Easement No. 00128(3955-11) 16D4 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 3 of 15 Pages Easement No. 00128(3955 -11) WITNESSES: AAJA—" Cc Original1Signature Qw, L� ` C BY Prin e of Witness„ Print/Type Namlof Witness �� 16 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLO DA Q-j (SEAL) Jeffery M %entry,(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 "GRANTOR" STATE OF FLORIDA COUNTY OF LEON n ,, �dJ� -�-i' The foregoing instrument was acknowledged before me this ' � � day of , 20 D_, by Jeffery M. Gentry, Operations and Management Consultant Manager, Bureau of Public Land Administration, Division of State He is APP OV D ASTO FO�f��,�/ �I LITY: a No Public, St to of Florida to nf rida PwbW 6- Printed, Typed l;�C Griffin My Commisalon OD727692 My Commissio E �F Expire. 1oiaono >> S: Commission/Serial No. WITNESSES: Collier County, Florida (SEAL By its Board of Co missioners BY: W Original Signature Original Signature of Executing Authority Fred W. Coyle Typed/Printed Name of Witness Typed/Printed Name of Executing Authority Original Signature Title of Executing Authority Typed/Printed Name of Witness "GRANTEE" STATE OF COUNTY OF ,, r The foregoing instrument was acknowledged before me this 24- day of �'V 201 % , 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. —' M�Go�»icc�c�pFx �:...•unu.n.w« IAN MITCHELL Notary P ic, S to of LO (L t l7f} •"°"r Comm# DD0610028 i g'• Evku 7rz ml2 = i AN M I TCH E L-(-- C+ erWj&l*mwwAsyt we s Printed, Typed or Stamped Name Mww.w. ••«•ww.w.•ww••w.wwwwNwMwwN.wwwN Approved as to form & legal sufficiency Page 4 of 15 Pages ATTES• - Easement No. 001280955 -11) DWI E. BR Colleen Greene,__ Assistant County Attorney Ii•otaj1 e 41matureV 6.1 1, :O::N ' .. NORTW BORROW , ARE „A� �/ ��, _•::. � ,i ''1 t '/1�1 •��� • to .. , r. l � AAA R , ` \ r/ � '� '- la q,f :.I�iL • •L�i::.'�r:. f_: _ .ry.r •• lfI '� ,! �.:i ' '}jO,: -: I/a Bear C4 T �� �V`'r, �•y a;cr�,pf !'r1il s l' ,. /toll ridge 1 _. ;7ia't:'i:,l�ii. MA47 �� /����R�rlla N'a�'�.. :1 ,�1 •' r �, ••'�. `. _.\ �'�'V•�f�!` / ' ,4•-et�7♦ "{� i •/ •. p{ v ,rl `” 'a.. •� J"ty J �.,f�r ,►M�a 1 1r(t,+ ;1+' `�•' �`'••,•�' / •rs i - ^f �, \� ��• :ai � � !. � �r33 �• < 7 : � 1�wr.aJ..�'.,•� ' 1 ' .." �'c.•�t *'tit; "\• �.v. •'.. � A -•. �:. +•_� ,�. }: . Poo ,ypi •�� •'t� 1'11' .\(� \� �h ''�• ,Pdto • {, '•:c.'i:��y .i' .e:' r� t is %' • t• (QTtry /;ry1 •i�'` ' r 'i` 4 ���.\ Id f1�,.. � ,....i!:* •\; ''tip' ►� �L \i'•: r��. i �:: �l��'a `' Y, :ros :!.i':�1' c•'•. �' ' _ ti'.�:• \:\ Scher, , Is .• :- r'• :•i;3.;ic.rr� r�Y\ fit•. 1`�i�1,1+�l'.rT''ti''. 1G1 • :..'. ,;r -; :.�..: ,,,;E; t. •�• '1,� =�•; '-�tfa ''.i'.�J of 1 }' %• :};.::t "••''' Ci� =•'., �':' ;.'.: •LL� t: ,�:•B,, :Ct�'.Z�t•.� �:'y: ! - a .i -t°.f f.3 ��It.•`��r�:'o'p�'y'. O' l•' ����" +'_� �`� 1 �y1r.�� ''�r�!•'.' .T► �C•� . \ - pY `. a /'- 7. .�.' !. .; . 11;1, !�} n' �• ..� ♦ u • ••� r ,:�: -'C �:� ja'9 :y .�� f"�•rn��f *T >b i....j 1• Yj,,�1 ,`.•t =t :T \..: ,-�jO �•�.'^i' w -.i� t7 J t/) � h 'I' r;fl.7l .T� .. sY� }i�Y =�_':t O - =� • .. S 1r Jv 4 ,t n 1 a.,Lr�..i ` 5°1Z I, 11 f , h � .. 1 � L r 1'.. _ i i � � � ' 4 t• �, it SOUl"H F1LL'A.R`EA ROBERTS S A Y r` ..... . ����1111kkkt('�'= 'u'4R�S ♦ \ � ,/ ..;� �. sir j� SEGMENT,D'.BREAK r L WATERY (ljr- STJ.UCTUR't_S omb °s q} ORROW.', AREA oX .. c �a ?.�c:'•ri : • +a err! ' .le :y.E 'r•�r 1 Dickman, 3. f, 7 4!P S Pt . S . • � . ,/;.1.: ?ff •, 1- a ` - ............... S)0000 '���iyy}� • ,;w`I �?�.'��: r •�5 +,, "S� , - FEET "J••79 :.,.,; :if >i1iti 1�3� 11 al�:AND':QUA ANGLE: I1,i fti�+A'la\ A \Sl: it I�J1,•� •1' �"�� a y , � 7 i r.l: a Lx><j (?•r•ahr' l� :.�. -.., .., .. - . 28 Attachment :1 :` "MEW Page 5 of 15 Pages Easement No. 00128(3955 -11) I Phnd 3 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 "3" DESCRIPTION Commencing at permanent reference monument 64- 78 -A -24 as shown on the Coastal Construction Control Linz 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, Flo6ida, run N24 2556 "W 5739.97 feet -to the Point of Beginning; thence N11 00'00 "E 3600.00 feet; thence N79 ° 00'00 "W 2100.00 feet; thence S11 000'00 "W 3600.00 feet; thence S79 00'00"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. Bearings based on the Florida east coordinate grid zor:e with a bearing of S44 0 29151.9 "E from permanent reference monument 64- 78 -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#, in, Attachment A Page 6 of 15 Pages Easement No. 00128(3955 -11) ivufi+ 16U4 COASTAL ENGINEERING CONSULTANTS, INC. Development Consultants - Coastal Engineers - Marine Scientists Civil Engineers - Surveyors - Appraisal and Real Estate Consultants 3106 S. Horseshoe DE - Naples, Florida 33941 - (813) 643 -2324 TEMPORARY PIPELINE EASEMENT "D" 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 25156 "W 5739.97 feet; thence 479 00'0fee 404.17 feet t8 the Point of Beginning; thence g511 °00'00 "W 4414.14 feet; thence S21 08'07 "E 1507.20 feet; thence S53 °16'14 "E 3495.98 feet; thence.N8� 43'46 "E 1414.21 feet; thence N86 43'46 "E 981.72 feet; thence S52 40'12 "E 168.12 feet; thence S60 14'21"E 203.24 feet; thence S55 °9'15 "E 130.24 feet; thence S36 °4 0'46 "W 2509.27 feet; thence N53 16'14 "W 6200.00 feet; thence N11 5618.16 feet; thence S79 ° 0'00 "E 00'00 "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 Max; e-„ Bearings based on the Florida east coordinate grid zone with a bearing of S44 0 29151.9 "E from permanent reference monument 64- 78 -A -24 to permanent reference monument 64 -78 -A -252. COASTAL ENGINEERING CONSULTANTS, INC. 5. '0�- - -4 --------------- - - - - -- James S. Richmond, P.L.S. Florida Certificate No. 4118 C.E.C. File No. 88.001-DlO Date: 3 Attachment A Page 7 of 15 Pages Easement No. 001280955 -11) 1604 COASTAL ENGINEERING CONSULTANTS, INC. Development Consultants • Coastal Engineers • Marine Scientists Civil Engineers 0 Surveyors • Appraisal and Real Estate Consultants 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 Collier County, Florida run N24025156 11W 5739.97 feet; thence N11000'00 "E 53.73 feet to the Point of Beginning; thence N11000'00 "E 644.02 feet; thence S39055146 "E 2451.85 feet; thence S65037133 11W 107.13 feet; thence S51015'll "W 192.79 feet; thence S59046135 11W 509.15 feet; thence S06041102 11E 1211.84 feet; thence S02006120 11W 1360.92 feet; thence S34006152 11E 374.43 feet; thence S39030128 "E 738.78 feet; thence S62026150 11E 259.42 feet; thence S50027150 11E 816.88 feet; thence S76015149 "E 463.25 feet; thence S38041143 11E 164.01 feet; thence N76015149 "W 616.15 feet; thence N50027150 11W 829.29 feet; thence N62026150 11W 269.22 feet; thence N39030128 11W 763.78 feet; thence N34006152 11W 411.85 feet; thence N02006120 "E 1385.94 feet; thence N06041102 11W 1899.94 feet; thence N39055146 11W 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 11E from permanent reference monument 64- 78 -A -24 to permanent reference monument 64 -78 -A -252. COASTAL ENGINEERING CONSULTANTS, INC. ----- - - - - -- J Richmond, P.L.S. lorida Certificate No. 4118 C.E.C. File No. 88.001 -PE Date: 9- 4 $C) Attachment A Huge 8 of 15 Pages Easement No. 00128(3955 -11) :Attachment A Page 9 of 15 Pages Easement No. 00128(3955 -11) I Anu 1604 COASTAL ENGINEERING CONSULTANTS, INC. Development Consultants • Coastal Engineers • Marine Scientists Civil Engineers • Surveyors • Appraisal and Real Estate Consultants 3106 S. Horseshoe Dc • Naples, Florida 33941 • (813) 643 -2324 TEMPORARY BORROW AREA EASEMENT "4" 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 Sollier County, Florida, run S13 18'41 "W 778.70 feet; thence SOO 00'00 "E 100.00 feet to the Point of Beginning; thence X590 °00'00 "W 3072.77 feet; thence S00 °00'00 "E 1462.28 feet; thence N9000'00 "E 3300.00 feet; thence N78 0 00'18 "E 2898.71 feet; thence NOR' 00'00 "E 700.00 feet; thence N78 41'24 "W 1529.71 feet; thence S90 0010011W 1112.29 feet; thence S45 00'00 "W 406.89 feet; thence S90 ° 00100 11W 127.23 feet to the Point of Beginning. The above describes an area of approximately 193.71 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 SO4 0 33'49 "E from permanent reference monument 64- 78 -A -26 to permanent reference monument Caxambas. COASTAL ENGINEERING CONSULTANTS, INC. 5 --------------- - - -- James S. Richmon , P,L.S. Flcrida Certificate No. 4118 C.E.C. File No. 88.001 -11 Date: ��1�r Attachment A Page 10 of 15 Pages Easement No. 001280955 -11) I h 114 ., 16D4 COASTAL ENGINEERING CONSULTANTS, INC. Development Consultants • Coastal Engineers • Marine Scientists Civil Engineers • Surveyors • Appraisal and Real Estate Consultants 3106 S. Horseshoe DE • 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 18'41 11W 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 ° S08 00'00 "E 100.00 feet; thence S90 00'00 "W 3072.77 feet; thence N70 21'30 "E 3301.74 feet to a Department of Natural Resources monument T -148 as shown on said plat; thence S58 °03'38 "W to a point on said face of seawall 327.68 feet; thence S05 °35'27 "W 408.56 feet; thence S18 0 40'22 "E 295.34-r feet; thence S43 °07'20 "E 194.96 feet; vthence S81 041'14 "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. BeaSings based on the Florida east coordinate grid zone with a bearing of SO4 33'49 "E from permanent reference monument 64- 78 -A -26 to permanent reference monument rnv= nh.,2 COASTAL ENGINEERING CONSULTANTS, INC. --------- _- �-------------- - - - - -- James S. Richmond, P.L.S. Florida Certificate No. 4118 C.E.C. File No. 88.001 -D4 Date: 3,e4,8?' Attachment A Page 11 of 15 Pages Easement No. 0012 &3955 -1 l) I COASTAL ENGINEERING CONSULTANTS, INC. Development Consultants • Coastal Engineers • Marine Scientists Civil Engineers • Surveyors • Appraisal and Real Estate Consultants 3106 S. Horseshoe DE • Naples, Florida 33941 • (913) 643 -2324 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 Sollier County, Florida, run S13 18141 "W 778.70 feet; thence SOO 00'00 "E 100.00 feet; thence S90 0 00'00 "W 786.47 feet too the Point of Beginning; thence S02000'00 "W 149.93 feet; thence S90o00'00 "W 500.00 feet; thence NOO 00'00 "E 1300.00 feet; thence.N90 00'00 "E 500.00 feet; thence S00 °00'00 "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. Bearings based on the Florida east coordinate grid zone with a bearing of SO4 33'49 "E from permanent reference monument 64- 78 -A -26 to permanent reference monument Caxambas. COASTAL ENGINEERING CONSULTANTS, INC. - -- Cam- - -- - - - -- ---- - - - - -- James S. Richmond, P.L.S. Florida Certificate No. 4118 C.E.C. File No. 88.001 -D6 Date: Attachment A Page 12 of 15 Pages Easement No. 00128(3955_11) 4L n i, 16D4 COASTAL ENGINEERING CONSULTANTS, INC. Development Consultants • Coastal Engineers • Marine Scientists Civil Engineers • Surveyors • Appraisal and Real Estate Consultants 3106 S. Horseshoe Dc • Naples, Florida 33941 • (813) 643.2324 TERMINAL STRUCTURE 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 Collier County, Florida, run S13 18'41 "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 face of seawall ruo S00 °00'00 "E 100.00 feet; thence S90o00'00 "W 786.47 feet; thence N00 00'00 "W 750.07 fee8; thence N90 00'00 "E 527.00 fee8 to said face of seawall; thence S05 35127 "W 221.26 feet; thence S18 40'22 "E 295.34 feet; thence fBeg Beginning. 194.96 feet; thence S81 °41'14 "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 SO4 0 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 -D5 Date: 3. 14-6T Attachment A Page 13 of 15 Pages Fasement No. 00128(3955 -11) Inu 1604 ............... A L wpz pa zwwuwuww. x r 80o8803u0eG:vv iO M O 0 ap 0p ap 0p 0p a O 0 8p0_00000NUOrJOUNiu 1 � O D gg g g g g g JJ$woNJ. IZ C ftwiniwiin�ntizi o Y H Y JO OwwOJw.O� i� 7i b u � � O D r ^ r d O 11 m p 1oi� 6 4. w ,v ul IF � c � � � " • (� Ry]e� z � 9 1 - i£ � F y4 1 J1 �• 37io'rr�oao'W �iizze ayli U O It- s�o'bo cdw io I 77' 'S �77i• so bow ` n 3 8 III A L r 9a,oa L C �rac� i,/ 9oroo'oo'� 39oa oo' CAX4MBA5 PASS p°to� 0 3►� 8 DEEPit c E Ti - !gong o ��iS � �°P Sn � � NCCI �::: :• .. �ld2n p s m +�s � s •. a ;: ■ m c - :1 €1:a; 2 it 7 r f � p��O 8saa'7I ON EFL � Allaicllmenl A ::ge 14 of 15 Pages Easement No. 1)0128(3955 -11) +o O N r o 0 N•375LL2 O n z .Zw � O n O � n u 0, ► ►O ° S Z A A ? zz Z Cf 0 u fl O_ A N n j > O Z m N 2 rr r C 2 A K O n N ► = E m O C1 4 Z fl Z On O N Z O O u �O b M U b y q ti Q O c q ° o c) rl ,n m � o z Z D c Cl m n ^ c 00 Z CO _ ;ID ZA ➢ D � Z D 0 s � w Attachment A Page 15 oY 15 Pages Easement No. 00128(3955.11) U 0 N rn a i r m --1 U 1 O DNR EASEMENT 00128(3955 -11) U n �00 a r O W C ` O -A i w h o� V 07 _X (n y N rl D` K D r M r _X Z C) 0 _O Z Ln CAA BAS PASS 17�'— D O D Z 3 � 2 < ti a.+ z N + 0 N•375LL2 O n z c z. m m i i D 0 u V V 0 P b p A a �O b M U b y q ti Q O q q q _O Z v u A A n a N P b p n ~ NNN > o_° s rn ► a ► ci N P q r oa M y n 2 � a a �Z - o: _ a l� zt =PiT wss72562 #� ae� 7S 1 / ° o c) rl ,n m � o z Z D c Cl m n ^ c 00 Z CO _ ;ID ZA ➢ D � Z D 0 s � w Attachment A Page 15 oY 15 Pages Easement No. 00128(3955.11) U 0 N rn a i r m --1 U 1 O DNR EASEMENT 00128(3955 -11) U n �00 a r O W C ` O -A i w h o� V 07 _X (n y N rl D` K D r M r _X Z C) 0 _O Z Ln CAA BAS PASS 17�'— D O D Z 3 �