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 %
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` 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
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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
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