Loading...
Agenda 01/13/2009 Item #16B 4Agenda Item No. 16134 January 13, 2009 Page 1 of 17 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners authorize the Chairman of the Board of County Commissioners to sign an easement instrument with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (the State) for the existing roadway bridge (No. 034176) crossing the Cocohatchee River on Vanderbilt Drive (C.R. 901) within the existing right -of -way. Project 60178.1. OBJECTIVE: To obtain approval from the Board of County Commissioners of the attached Sovereignty Submerged Lands Easement pertaining to the existing roadway bridge (No. 034176) crossing the Cocohatchee River on Vanderbilt Drive (C.R. 901) within the existing right -of -way. CONSIDERATIONS: The State is offering to grant a nonexclusive easement on, under and across the sovereignty lands identified in the easement instrument, which includes the existing roadway bridge (No. 034176) crossing the Cocohatchee River on Vanderbilt Drive within the existing right -of -way. This easement is required to fulfill the State's commitment to reconstruct the existing bridge identified as State Project No. 03550.00 (F.P.I.D. 4084401) and to be maintained by the County. FISCAL IMPACT: There is a fiscal impact associated with this executive summary; a $540.00 processing fee. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, is not quasi - judicial and as such, ex -parte disclosure is not required. This item requires only a majority vote —SRT GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners authorizes the Chairman of the Board of County Commissioners to sign the attached Sovereignty Submerged Lands Easement with the State, allowing the State to reconstruct the existing roadway bridge (No. 034176) crossing the Cocohatchee River on Vanderbilt Drive (C.R. 901). If approved, the Chairman will need to sign the easement instrument in the presence of two (2) witnesses and before a notary public. Prepared By: Marlene Messam, P.E., Senior Project Manager, Transportation Services Division. Attachment: Sovereignty Submerged Lands Easement Page I of 2 Agenda Item No. 16134 January 13, 2009 Page 2 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1664 Item Summary: Recommendation that the Board of County Commissioners authorize the Chairman of the Board of County Commissioners to sign an easement instrument with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (the State), for the existing roadway bridge (No. 034176) crossing the Cocohatchee River on Vanderbilt Drive (C.R. 901) within the existing right -of -way. Meeting Date: 1/13/2009 9:00.00 AM Prepared By Marlene Messam Senior Project Manager Date Transportation Engineering & Transportation Services Construction Management 1211612006 3:16:44 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 12/1612008 5:56 PM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 12/17/2008 9:07 AM Approved By Brian Hancock Operations Support Manager Date Transportation Division Transportation Administration 12/1812008 3:05 PM Approved By Gary Putaansuu Principal Project Manager Date Transportation Services Transportation Engineering and 1211812008 3:16 PM Construction Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1212212008 7:08 AM Approved By Gloria Herrera Management/Budget Analyst Date Transportation Services Stormwater Management 1212212008 10:23 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 12/22/2008 1:19 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12129120081:08 PM Approved By James V. Mudd County Manager Date Board of County County Managers Office 1212912008 1:21 PM file: / /C: \AgendaTest\ Export\ 121 - January% 2013,e / 202009 \16.e /`2000NSENT %20AGENDA \... 1/7/2009 Page 2 of 2 Agenda Item No. 16134 January 13, 2009 Page 3 of 17 Commissioners file: / /C:AAgendaTest \Export\121- January%2013. %202009\ 16. %2000NSENT %20AGENDA \... 1/7/2009 December 5, 2008 Florida Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee. Florida 32399 -3000 Collier County Board of County Commissioners C/O Jay Ahmad 3301 East Tamiarfti Trail Naples, Florida 3411.2 RE: BOT File No: 110233675 Lessee: Collier County, Florida Dear Mr. Ahmad: Agenda Item No. 1684 January 13, 2009 Pags�t dR•1;7 ,' - -'I h,rt6 =itj+ Enclosed is an easement instrument, which requires acceptor, e by Tom Hennings' notarized si nature- a s — irtnar of th.T i;r.avd of r'•,11=er r „ -- 4 *,,e g �_ ,:r Banda• _.., vattnr,cr:. 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 execute and return the enclosed instrument and any additional information requested within 30 rl'y: :,1 ti..i' of Upo, -, rc,,a:pi %gin 'i al'i':'T: rn YK F', v e w'i!.l ^.:'ii:;yli"1t i}te easement instrument for final departmental execution. A fully executed instrument will be provided to you for recording in the county records where the tacility is located. n.. Collier County, Florida Page 2 December 5, 2008 Agenda Item No. 1684 January 13, 2009 Page 5 of 17 Also enclosed is Statement /Invoice No. 42513 for $540.00, 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. 110233675 on the check to ensure proper deposit. Payment is due within 30 days after receipt of this letter. Please note that all annual lease fees invoices will include a six percent (6 %) sales tax and the County Discretionary Sales Surtax unless the Lessee can claim exemption. If you are tax exempt, please return a copy of your Tax Exemption Certification for our records. Your Tax Exemption Certification is renewable and a current certification must be on file in our office for you to receive this exemption. Processing fees for renewals, assignments (name changes), and modifications are non - taxable. Do not add tax to any of these invoices. The tax will always be included on the invoice if applicable. Your cooperation and assistance are appreciated. If you have any questions regarding this matter, please feel free to contact me at the letterhead address above (Mail Station No. 125) or at (850) 245 -2720. Sincerely, Rebecca Stallworth OPS Land Acquisition Agent Bureau of Public Land Administration Division of State Lands msj /rs Enclosures (easement, invoice, billing form) By certified mail Print - Formatted DEPARTMENT OF ENVIRONMENTAL PROTECTION --'RECEIPTS SECTION OST OFFICE BOX 3070 TALLAHASSEE, FL 32315 -3070 Bill To COLLIER COUNTY, FLORIDA 3301 EAST TAMIAMI TRAIL NAPLES, FL 34112 Terms Due Date 30 DAYS 1/4/2009 Agenda Item No. 16134 Jnnuary 13 ?nnq Invoice Date Instrument # Invoice # 12/5/2008 110233675 42513 EXPIRATION DATE 11/26/2107 RATE FTTERPETUAL PUBLIC EASEMENT NO FEE SURCHARGE NO SURCHARGE Description Memo Object Code Square Feet Rate Discount % Surcharge Amount* SUBMERGED EASEMENT PROCESSING FEE 001021 540 00�r��000 F_7E==L��00� LOCATION NAME 11subtotal $540.00 CR 901 BRIDGE Sales Tax (0.0%) 11 $0.00 Remit Copy of invoice with Payment lCounty Tax (0 %) $0.00 Total $540.00 AGENT: B. STALLWORTH. SDR Balance Due $540.00 *Annual Lease Fee Formula = )(Square Feet * Rate)- Discount) + Surcharge FOR QUESTIONS CONCERNING THIS INVOICE PLEASE CALL (850)245 -2720 ORGANIZATION CODE:3710- 1000 -000 EXPANSION OPTION: K4 I Print - Formatted DEPARTMENT OF ENVIRONMENTAL PROTECTION RECEIPTS SECTION POST OFFICE BOX 3070 TALLAHASSEE, FL 32315 -3070 Bill To COLLIER COUNTY, FLORIDA 3301 EAST TAMIAMI TRAIL NAPLES, FL 34112 Terms Due Date 30 DAYS 1/4/2009 Agenda Item No. 1684 January 13 2009 Invoice Date Instrument#! Invoice 12;5/2008 110233675 42513 EXPIRATION DATE 11/26/2107 RATE PERPETUAL PUBLIC EASEMENT NO FEE SURCHARGE NOSURCHARGE Description Memo Object Code Square Feet Rate Discount% Surcharge Amount* SUBMERGED EASEMENT PROCESSING FEE 001021 0 540 �0 $540.00 LOCATION NAME IlSubtotal $540.00 CR 901 BRIDGE Sales Tax (0.0 %) $0 Remit Copy of Invoice with Payment County Total� $540.00 AGENT: B. STALLWORTH. SDR Balance Due $540.00 *Annual Lease Fee Formula = (Square Feet * Rate)- Discount] +Surcharge FOR QUESTIONS CONCERNING THIS INVOICE PLEASE CALL (850)245 -2720 ORGANIZATION CODE:3710- 1000 -000 EXPANSION OPTION: K4 Agenda Item No. 16134 January 13, 2009 Page 8 of 17 BILLING INFORMATION FORM PAYMENTS FOR LEASE NO. Billing Contact Person Street Address: Post Office Box: 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. [ ] Government Agency: (Exemption Number) [ J 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)(6), F.S. If Lessee is a Business /Corporation, Federal Employer Identification Number: 1 /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. Lessee /Authorized Entity Date For Recurring Revenue Section Use Only Billing Form to Accountant: Originator's signature - - Data Entered by Accountant: Accountant's signature _ F"n" Is -'I Wn(h. Fffective 10 -15 -9R [Technical Change 5 -21 -2003: Rev.7 26 -071 Agenda Item No. 1684 January 13, 2009 Page 9 of 17 This Instrument Prepared By Rebecca Stallworth Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF HE INTERNAL IMPROVEMENT TRUST FUND OF F] IF STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS EASEMENT NO, 41133 ROT FILE NO. 110233675 PANG, I I- 02878 -P 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 fINESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated herein. the Grantor does hereby grant to Co her County Florida, hereinafter referred to as the Grantee. a nonexclusive easement on, under and across the so,creignty lands, if an). contained in the following legal description: A parcel of submerged land in Sections 16 and 17, Township 48 South, Range 25 East in Cocohatchee River. Collier County, as is more particularly described and shown on Attachment A, dated Ju1v 23 2008. TO HAVE TI C USE OF the hercinabove described premises from November 26.2008, the effective date of this casement. The terms and conditions of and for which this casement is granted are as follows: 1. USE OF PROPERTY: 'I he above described parcel of land shall be used solely for public transportation purposes only by or under the supervision of the STATE OF FLORIDA DEPARTMENT' OF'FRANSPORT- A'FION or such local governmental entity having maintenance responsibility. Grantee shall not engage in any activity except as described in the South Florida Water Management District General Permit No. 11- 02878 -P, dated November26 2008, incorporated berian and made a pan of this easement by reference. All of the foregoing subject to the remaining conditions of this easement. 7. EASEMEN T 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 acovm, the Grantee agrees to pay all charges required by such amended rules within 90 days of the date the amended rules become effective or be 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. 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 casement area shall be paid by Grantee. 4. WARRANTY OF TITLE/GUARANTEF OF SU ITA BHA FY 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 GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States and anv and all prior cramby s the Grantor in and to the submersed lands situated within the limits ofthis easement. 6. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE (LIGHTS: Grantee shall not damage the casement lands or unduly interfere with public or private rights therein. 7. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF T_HE 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 lire property to third parties during the term of this easement. 8. RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect the works and operations ofthe Grantee in any matter pertaining to this easement. [41] Agenda Item No. 16B4 January 13, 2009 Page 10 of 17 9. RIGHT TO TERMINATE: 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 INEOUITIES: Any inequities that may subsequently arise as a result of this easement shall be subject to negotiation upon written request of either party hereto, and the parties agree to negotiate in good faith. In case of failure by the respective staffs to resolve the conflict(s), the matter shall be referred to the Grantor for final resolution. 11. 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 lime, or any other law providing limitations on claims. 12. 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. 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. CESSAI ION 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 pan of the Grantor to enforce any provision, nor anv 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 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. 17. AMENDMENI'S'MODIFICATIONS: This casement is the entire and only agreement between the panics. Its provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted, 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 be 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. 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 I8 -14, Florida Administrative Code. If emergency repairs are required to be undertaken in die interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this easement. 20. UPLAND RIPARIAN PROPERTY INTEREST: During the term of this casement, Grantee must have satisfactory evidence of sufficient upland interest as defined in subsection I8- 21.003(57), Florida Administrative Code, to the extent required by paragraph I8 -21 M4(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. Page 2 of 9 Pages Easement No. 41133 Agenda Item No. 16B4 January 13, 2009 Page 11 of 17 WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Original Signature (SEAL) BY: Print/Ty pe Name of Witness Jeffery M. Gentry, Operations and Management Consultant Manager, Bureau of Public Land Administration, Division Division of State Lands, State of Florida Department of Original Signature Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Print/Type Name of Witness "GRANTOR" STATE OF FLORIDA COUNTY OF LEON 'the foregoing instrument was acknowledged before me this day of , 20, by 11 ternal 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 Slampcd Name My Commission Expires: ATTEST DWIGHT E. BROCK, CLERK Commission!Scrial No. BY: WITNESSES: Collier Couniv, Florida By its Board of County Commis r BY: _ Original Signature Sa _ Original Signature of Executing Authority Tom Ilennino _ _ Typed/Printcd Name ; WI— 'fyped/Printed Name of Executing Authority Chuirnnn _ Title of Executing Authority Original Signature Typed /Printed Name of Witness "GRANTEE" STATE OF — COUNTY OF The foregoing instrument was acknowledged before me this day of �Qn. by _Y+ 'Tom I lemma as Chninner, for and on behalf of the Board of County Commissioners of Collier Count r ��,�. Ily known to me or who has produced . as identification. My Commission Pxpires- - Notary Public, State of Commission Serial No _ Printed, Typed or Stamped Name Page 3_of 9 Pages Ap/MNd=to fY fMr In"ment No 41133 "-4 i Deputy County Attorney Agenda Item No. 16B4 January 13, 2009 Page 12 of 17 Attachment A Page 4 of 9 Pages Easement No 41133 �r LLWO 4 x us MY 1tiw S y % `I ` ens ISI BPII Attachment A Page 6 of 9 Pages Easement No. 41133 FLORIDA DEPARTMENT OF TRANSPORTATION 801 NORTH BROADWAY POST OFFICE BOX 1249 BARTOW, FLORIDA 33831 18631 519 -2300 DESCRIPTION SKETCH FOR ROAD RIGHT OF WAY EASEMENT COUNTY ROAD N0, 901 AT COCOHATCHEE RIVER BRIDGE NO. 034176 STATE PROJECT NO. 03550 -000 F.P. ID. 4084401 SECTION 16 AND 17. TOWNSHIP 48 SOUTH. RANGE 25 EAST COLLIER COUNTY. FLORIDA EXHIBIT "A" PAGE 1 Jo. 1684 13, 2009 14 of 17 v0)� co C) 'Do- 0 ' a ) Z EZm = c mm c m m Q oC o o - c m � O O �- P m Z m 4 z Z O S< O V Z J m m o a- y o rn v O U O N - O O 0 C -• ¢ O Z O R O Z 4 • l T w G a � m c s m O m_ O: J W O - p O 4 � m V > O O O O O V o t O T ` c m O L � O •O a c c- Z o Z Z - O O w Z 3 S Z- m o r m ~ J O W LL w W m O 0 m m O LL W J O R A¢ d¢¢ V VI LL O O 3 Z ry Z W Z r Q¢ W O O p W¢ Z -- r W¢ .t - E W 3 a z w O O Z {- O 1/i Z 0 W E �- N r- W Z Z N O Z a Z '^'-' �'� 00 wa �n xo O a a a ¢uoo - or- m�a -- - 6 z z Fwm z w ou w¢ n O mm� °LLB. Jo aaa ¢¢ oo¢ W "'w � Q -o o � ££ l Lh ON auawase3 sabed 6 ;0 / a6ed y luawyoepy z �- P m Z m 4 z Z O S< O V Z J w w Zp N ¢ v. tW �n Q W U ti u a 2 R O Z 4 • p vl Z U ✓1 a- m p Z S O m V > t O ¢ � O •O a Z o Z Z - O O w Z 3 S V Q v r m ~ J O W LL w O O 3 Z ry Z W Z r Q¢ W O O p W¢ Z -- r W¢ .t - E W 3 a z w O O Z {- O 1/i Z 0 W E �- N r- W Z Z N O Z a Z '^'-' �'� 00 wa �n xo O a a a ¢uoo - or- m�a -- '-n E <N z z Fwm z w ou w¢ oo¢ W "'w � Q -o z zmzJ -�nw zLL wa w N 4 z m F o w o -- W - o z a a s o, m z o p.- w a '-w w¢ i z ¢ o u w¢ 3� >¢ O in > i Z< N° a i- F °- LL O¢ ¢ W N V �n O S W ✓1 U r O V :- I �- I >° J S 6 N (] N •' 3 V a te° V q U ¢ O w °W 2 W Q V< N W W < O K 2- W ¢ O U Q Vl 2 p m �•. n 2¢ Z w; F F- Z N 0 m 0 W 0 W N N w �- Z T j W O - O - N m v N LLt ££ l Lh ON auawase3 sabed 6 ;0 / a6ed y luawyoepy Agenda Item No. 1684 January 13, 2009 Page 16 of 17 F.P. 110. 4084401 SECTION 03550 -000 PARCEL 600 COCOHA'TCHEE RIVER DESCRIPTION OF PROPERTY TO HE DEDICATED BY THE TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA That portion of the sovereign submerged lands in the Cocohatchee River being in portions of Sections 16 and 17, Township 4B South, Range 25 East, Collier County, Florida, and lying within the following described parcel. Commence on the south boundary of said Sections 16 and 17, at their intersection with the survey base line of County Road 901; thence run along said survey base line North 00 °25115" West for 1,409.90 feet to a point on the southerly mean high water line of Cocohatchee River for a POINT OF BEGINNING; thence departing said survey base line run along said southerly mean high water line the following four (4) courses: 1) North 89'01'10" West a distance of 36.91 feet; 2) South 43'27110" West a distance of 7.05 feet; 3) South 63'35100" West a distance of 8.31 feet; 4) South 83 "12'37" West a distance of 0.75 feet to the west existing right of way line of County Road 901 (per Official Records Book 87, Page 320, Public Records of Collier County, Florida); thence run North 00 °25'15" West along said west existing right of way line for 238.00 feet to the northerly mean high water line of said Cocohatchee River; thence leaving said west existing right of way line run along said northerly mean high water line the following three (3) courses: 1) North 82'37'42" East a distance of 4.7.B feet; 2) South 46'41'54" East a distance of 13.48 feet.; 3) South 89'41'10" East a distance of 36.11 feet to the survey base line of said County Road 901; thence leaving said survey base line continue along said northerly mean high water line the following five (5) courses; 1) South 89'41'10" East a distance of 14.01 feet; 2) North 88'47.02" East a distance of 23.73 feet; 3) North 42'44'55" East a distance of 13.13 feet; 4) North 00'38140" West a distance of 34.65 feet; 5) North 23'31'40" East a distance of 8.41 feet to the east existing right of way line of said County Road 901; thence along said east existing right of way line, South 00'25'15" East a distance of 296.81 feet to a point on the southerly mean high water line of said Cocohatchee River; thence leaving said east existing right of way line run along said southerly mean high water line the following four (4) courses: 1) South 86 "11'17" West a distance of 3.47 feet; 2) North 00'14'37" West a distance of 14.34 feet; 3) North 47'34129" West a distance of 13.06 feet; 4) North 89'01'10" West a distance of 37.02 feet to the end of said courses and to the POINT OF BEGINNING. Containing 22,576 square feet more or less. EXHIBIT "A" Page 4 Attachment A Page 8 of 9 Pages Easement No. 41133 vrnti m o �- cV O Z TN C C N d) Eq 0 i s 0O 0 C) O 00 0 0 o W _ r F OZa Q � P p✓IO W ; a � W n � � 4 p zOu1I c� o O LO c - 'd u a 7 Z U W W X ¢ i m W n �nz C� O Q �os N i I WI 2 r F- n00 u mm+1 N "lW N W Q V to Q J m ; f N Wo Q Vm m � 00 a U[m O O 2 000 » 2� OO.FOOp�^ YLO¢Omm u Z- WI- l KuOFmOmm ¢[mm_rj J O� °mnn a s x a �N6 QNZ W s i r/I J I W � W O I I I m I 4> Z I oa' ` I U N I O I LI I I I W I Z_ I J I 3 i z 0O 0 0 0 o W _ r OZa Q � P p✓IO Z � O P n g O zOu1I c� o O z c - 'd u a 7 Z U rvomoo X O m W n �nz C� O m6 - �os I I I I LL, i WI r/I J I W � W O I I I m I 4> Z I oa' ` I U N I O I LI I I I W I Z_ I J I 3 N N i z O o+ _ r > 3 T g O O z c Q 7 Z U rvomoo U O m zz n �nz C� O m6 - �os N N 6£ L t4 ON luawase3 sa6ed 6 ;o 6 a6ed V Juawyoepy ww�wwe�aa om °o Wmv rvomoo m zz z z�n �nz z 2 r n00 u mm+1 "lW N Q J Q J a s x a 3 w - O n Z O ry m m m O m P mm mmy Zvi ✓I V�22✓I J1N ti 2 W J ' mOm nipv - - F 6£ L t4 ON luawase3 sa6ed 6 ;o 6 a6ed V Juawyoepy