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Agenda 05/27/2008 Item #16E 9 Agenda Item No. 16E9 May 27,2008 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve the granting of an Easement for Ingress and Egress to the Board of Trustees of the Internal Improvement Fund of the State of Florida, at no additional cost to the County. OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) for execution of the attached Easement for Ingress and Egress (Easement) between the Board and the Board of Trustees of the Internal Improvement Fund of the State of Florida (State). CONSIDERATIONS: The State is in the process of obtaining a sixty (60') foot easement for ingress and egress over the existing Sheil Island Road. The State, under the management of the Rookery Bay National Estuarine Research Reserve (Rookery Bay) is proposing to conduct hydrological restoration, place culverts, backfill ditches and conduct road reconstruction for use by Rookery Bay management and public access to Rookery Bay. A portion of Shell Island Road is located within the 83.18 acres acquired by Conservation Collier on June 10, 2005. The parcel is located on the west side of SR 951 adjoining Rookery Bay. As a result of granting this Easement, the Board shall have no obligation financial or otherwise to participate in the restoration conducted by Grantee The CCLAAC approved this transaction on April 14, 2008, and voted to recommend Board approval and execution of the attached Easement subject to County Attorney Office review. ' FISCAL IMPACT: The County will not bear any further costs. All costs, including but not limited to, the cost of recording document, will be paid by State. GROWTH MANAGEMENT IMPACT: This request is consistent with the Growth Management Plan. LEGAL CONSIDERATIONS: The Conservation Collier Ordinance 2002-63, as amended by 2007-65, provides a legal framework for property acquisition for the Conservation Collier Program. The process for acquiring this property falls within the legal framework of Ordinance 2002-63, as amended by 2007-<35. The attached Easement has been reviewed and approved by the County Attorney's Office. - JAB RECOMMENDATIONS: Staff is recommending that the Board of County Commissioners: 1) Approves the attached Easement; and 2) Authorizes the Chairman to execute the Easement. PREPARED BY: Cindy M. Erb, SRJWA, Senior Property Acquisition Specialist, Real Properly Management, Department of Facilities Management r-- Page I of I Agenda Item No. 16E9 May 27, 2008 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16E9 Meeting Date: Recommendation to approve the granting of an Easement for Ingress and Egress to the Board of Trustees of the Internal Improvement Fund of the State of Florida, at no additional cost to the County. (Shell Island Road) 5/27/200890000 AM Prepared By Cindy M. Erb Senior Property Acquisition Specialist Date Administrative Services Facilities Management 5/1212008 5:21 :37 PM Approved By Alexandra J, Sulecki Senior Environmental Specialist Date Administrative Services Facilities Management 5/14120084:52 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 5114120084:56 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 5/14/20085:38 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 5/15120063:47 PM Approved By OMS Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 5/16/2008 8:25 AM Approved By Jennifer A. Belpedio Assistant County Attorney Date County Attorney County Attorney Office 5/19120084:04 PM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 5/19120084:31 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/1912008 5 :44 PM .~. file://C:\AgendaTest\Export\ I 08-May%2027, %202008\ 16.%20CONSENT%20AGENDA \ 1... 5/21/2008 Agenda Item No. 16E9 May 27, 2008 Page 3 of 8 Prepared by and Return To: Kelly Samek Florida DepHrtment ofEnvironmentW Protection 3900 Conunonwcalth Blvd., Mail Station 35 Tallahassee, Florida 32399-3000 EASEMENT FOR INGRESS AND EGRESS Collier County, whose mailing address is 3301 Tamiami Trail E., Naples, FL 34112, herein "Grantor," in consideration of$l 0.00 and otber good and valuable consideration paid by Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, whose address is c/o tbe Florida Department of EnvironmentaI Protection, 3900 Commonwealtb Blvd., Mail Station 235, Tallahassee, Florida 32399-3000, herein "Grantee," tbe receipt and sufficiency of which is hereby acknowledged, by these presents does grant, bargain, sell, and convey to Grantee a perpetual, non-exclusive easement for ingress and egress, including but not limited to tbe right to conduct hydrological restoration, place culverts, backfill ditches, and conduct road reconstruction for use by management and for access by tbe public over and upon the following described real property located in Collier County, State of Florida: See Exhibit "A", attached hereto and made a part hereof. Neitber Grantor nor Grantor's successors in interest shall have any obligation, financial or otberwise, to participate in the restoration conducted by tbe Grantee. Neitber Grantee nor Grantee's successors in interest shall take any action tbat will interfere Revised OS/2008 Agenda Item No. 16E9 May 27. 2008 Page 4 of 8 with the public's right to access the described real property. The provisions of this instrument will inure to the benefit of aod bind the heirs, successors, aod assigns of the respective parties to it. IN WITNESS WHEREOF, the Graolar has executed this Easement for Ingress and Egress on this day of ,2008. Date Project Approved by BCC: ATIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: TOM HENNING, Chainnao Approved as to form and legal sufficiency: ~Ct .~~ Ie er A. Bel '0 Assistaot County Attorney Revised OS/2008 Agenda Item No. 16E9 May 27,2008 Page 5 of 8 Accepted this _ day of , 2008, on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. Witnesses: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Printed name: By: Patrick Cowen, Operations aod Management ConsuItaot, Division of State Laods, Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund Printed Name: STATE OF FLORIDA COUNTY OF LEON The foregoing Instrument was acknowledged before me by Patrick Cowen, Division of State Lands, 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 this _ day of , 2008. The signatory is personally known to me. Notary Public (SEAL) Printed/Typed Name of Notary Corrunission No.: Corrunission Expires: Approved as to form and legality: Revised OS/2008 Agenda Item No. 16E9 May 27, 2008 Page 6 of 8 That part of the following Shell Island Road, 60 foot wide ingress and egress easement that falls within the West Half (1/2) of the Southwest Quarter (1/4) of Section 15, Township 51 South, Range 26 East, Collier County, Florida, lying west of State Road 951. Description A strip ofland lying 30 feet on each side of the following described centerline: Commencing at the West one quarter comer of Section 15, Township 51 South, Range 26 East, Collier County, Florida; having Florida Department of Environmental Protection Certified Comer Record document number 061493, run S 00'18'20" W, 2774.44 feet to the Southwest comer of said Section 15, Township 51 South, Range 26 East; having Certified Comer Record document number 074075; Thence N 63'49' 40" E, 1183.43 feet to the west Right-of-way line of State Road 951 and the Point of Beginning; Thence 502.18 feet along the arc of a non-taogent curve, concave to the southeast, having a radius of 9500.00 feet, a central angle of 03'01 '43" and a chord of 502.12 feet, bearing S 45'50'03" W to a point oftaogency; Thence S 44'19'11" W, 1588.96 feet to a point of curvature; Thence 465.08 feet along the arc ofa curve, concave to the northwest, having a radius of 500.00 feet, a central angle of 53'1 7'40" and a chord of 448.50 feet, bearing S 70'58'01" W to a point of compound curvature; Thence 1041.28 feet along the arc of a curve concave to the northeast, having a radius of 1100.00 feet, a central angle of54'14'14" and a chord of 1002,83 feet, bearing N 55'16'02" W to a point of tangency; Thence N 28'08'55" W, 301.91 feet to a point of curvature; Thence 1943.85 feet along the arc of a curve concave to the northeast, having a radius of35000.00 feet, a central angle of 03'10'56" and a chord of 1943.60 feet, bearing N 26"33'27" Wto a point of tangency; Thence N 24'58'00" W, 587.67 feet to a point of curvature; Thence 249.27 feet along the arc ofa curve concave to the southwest, having a radius of 400.00 feet, a central angle of35'42'19" and a chord of 245.26 feet, bearing N 42'49'09" W to a point oftaogency; Thence N 60'40'18" W, 342.29 feet to a point of curvature; Thence 341.67 feet along the arc of a curve concave to the northeast, having a radius of 1000.00 feet, a central angle of 19'34'35" and a chord of 340.01 feet, bearing N 50'53'01" W to a point oftaogency; Thence N 41'05'43" W, 343.85 feet to a point of curvature; Thence 148.44 feet along the arc of a curve concave to the northeast, having a radius of3000.00 feet, a central angle of 02'50'06" and a chord of 148.42 feet, bearing N 39'40'40" W to a point oftaogency; Thence N 38'15'37" W, 136.85 feet to a point of curvature; Thence 308.18 feet along the arc of a curve concave to the southwest, having a radius of 660.00 feet, a central angle of26'45'14" and a chord of305.39 feet, bearing N 51'38'14" W to a point of tangency; Thence N 65'00'51" W, 657.86 feet to a point of curvature; Thence 394.74 feet along the arc of curve concave to the southwest, having a radius of 1580.00 feet, a central angle of 14'18'52" and a chord of393.72 feet, bearing N 72'10'18" W to a point of compound curvature; Thence 216.50 feet along the arc of a curve concave to the south, having a radius of375.00 feet, a central angle of33'04'45" and a chord of213.51 feet, bearing S 84'07'54" W to a point of tangency; Thence S 67'35'31" W, 348.00 feet to a point of curvature; /--- Project Name: Rookery Bay Owner: Collier County Sheill,land Road Sheet 1 on Folio No. 00741960001 EXHmIT A Page 1 of3 BSM~VBD BY. DATE }h~k,8 " Agenda Item No. 16E9 May 27. 2008 Page 7 of 8 Thence 413.20 feet along the arc ofa curve concave to the southeast, having a radius of1550.00 feet, a central angle of 15'16'26" and a chord of 411.97 feet, bearing S 59'57'18" W to a point of tangency; Thence S 52'19'05" W, 159.08 feet to a point of curvature; Thence 96.99 feet along the arc of a curve concave to the northwest, having a radius of330.00 feet, a central angle of 16'50'24" and a chord of 96.64 feet, bearing S 60'44'17" W to a point of tangency; Thence S 69'09'30" W, 482.15 feet to a point of curvature; Thence 641.83 feet along the arc of a curve concave to the southeast, having a radius of 2450.00 feet, a central angle of 15'00'35" and a chord of639.99 feet, bearing S 61"39'12" W to a point of compound curvature; Thence 359.48 feet along the1lrC of curve concave to the southeast, having a radius of 550.00 feet, a central angle of37'26'54" and a chord of353.11 feet, bearing S 35'25'28" W to a point of tangency; Thence S 16'42'01" W, 347.39 feet to a point of curvature; Thence 619.93 feet along the arc of curve concave to the northwest, having a radius of 585.00 feet, a central angle of 60'42'59" and a chord of 591.32 feet, bearing S 47'03'30" W to a point of tangency; Thence S 77'25'00" W, 240.51 feet to a point of curvature; Thence 81.01 feet along the arc of curve concave to the northwest, having a radius of 1000.00 feet, a central angle of 04'38'30" and a chord of 80.99 feet, bearing S 79'44'15" W to a point of reverse curvature; Thence 317.13 feet along the arc of curve concave to the southeast, having a radius of2815.00 feet, a central angle of 06'27'18" and a chord of316.97 feet, bearing S 78'49'51" W to a point of compound curvature; Thence 236.41 feet along the arc of curve concave to the southeast, having a radius of 450.00 feet, a central angle of30'06'01" and a chord of233.70 feet, bearing S 60'33'11" W to a point of reverse curvature; Thence 170.61 feet along the arc of curve concave to the northwest, having a radius of 1920.00 feet, a central angle of 05'05'28" and a chord of 170.55 feet, bearing S 48'02'55" W to a point of tangency; Thence S 50'35'39" W, 588.36 feet to a point of curvature; Thence 214.05 feet along the arc of curve concave to the northeast, having a radius of 100.00 feet, a central angle of 122'38'32" and a chord of 175.46 feet, bearingN 68'05'05" W to a point of tangency; Thence N 06'45'49" W, 121.51 feet to the point of termination of said 60 foot wide strip ofland, the side lines of said strip of land are to be shortened or lengthened at the point of beginning to form intersections with the west Right-of way line of State Road 951 and to form perpendiculars at the point of termination. 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