Resolution 1996-152
MAR 2 6 1996
RESOLUTION NO. 96--.-UL
RESOLUTION BY TIIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, REQUESTING AN EASEMENT FOR ACCESS PURPOSES FROM TIIE BOARD OF
TRUSTEES OF TIIE INTERNAL IMPROVEMENT TRUST FUND OF TIIE STATE OF FLORIDA.
WHEREAS, Collier County is de:;irous of obtaining the easement described in Exhibit "A",
....,"cd hereto and incorporated herein by reference, to aid in the Collier County Beach Renourishment
Project by providing access to maintenance crews as needed; and
WHEREAS, the easement will become a public beach access to provide Collier County resident.
adequate access to their Oeaches.
NOW, TIIEREFORE, BE IT RESOL VEO BY TIIE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County CommissioneJ'l, as a requirement of an Easement Application from the State
of Florida, does hereby formally request an easement for access puIJlO$CS from The Board of Trustees of
the Internal Improvement Trust Fund of the State of Florida.
2. Attached as Exhibit "B" is a draft copy of the standard easement form used by the Department of
Envirorunental Protection, which may be modified to meet project requirements.
3. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby
requesting said easement from The Board of Trustees of the Internal Improvemenr Trust Fund of the State
of Florida.
This Resolution adopted this ~ day 0~96, after motion, second and majority.
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
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Approved as to legal form
and wfficiency:
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Heidi F. Ashton
Assistant County Attorney
MO~ 000 PI,S 167
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EJIgll-i . Sclenlllts . s...voyo<s . PIonners . Approisers
. PROPOSED 20' WIDE ACCESS EASEMENT
DESCRIPTION
A twenty (20) foot wide strip of land lying in the south half of Section 20, Township 48
South, Range 25 East Collier County, Florida being described as follows:
Co=encing at the northeast corner of Lot 6, Block "A" of Baker-Carroll Point Unit No.
2 a subdivision recorded in Plat Book 8, Page 92 of the Public ReCGrds of Collier County,
Florida run N89"51'17"W along the northerly line of said Lot 6 for 217.29 feet; thence
continue along the boundary of said Lot 6 Nl4048'I7"W 41.40 feet to the northerly line of
said Baker-Carroll Point Unit No.2 subdivision and the POINT OF BEGINNING; thence
along said northerly line N89051'17"W 264.41 feet to an existing concrete monument; thence
continue N89"51'17"W 86.00 feet to the Mean High Water line of the Gulf of Mexico, said
point being referred to herein as Point "A"; thence return to the POINT OF BEGINNING
and run N14048'17"W 20.70 feet to an intersection with a line 20.00 feet north of and
parallel with the south line of said Section 20; thence along said line N89051'17"W 350.00
feet more or less to said Mean High Water Line of the Gulf of Mexico; thence southeasterly
along said Mean High Water Line to said point referred herein as Point "A".
The above describes an area of approximately 3,505 square feet of land based upon the
location of the Mean High Water Line of the Gulf of Mexico on October 5, 1995.
Subject to easements, restrictions and reservations of record.
COASTAL ENGINEERING CONSULTANTS, INC.
3106 soum HORSESHOE DRIVE
NAPLES, FLORIDA 33942 (941) 643-2324
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Richard J. Ewing, V.P. ('
Professional Surveyor and Mapper
Florida Certificate No. 5295
NOT VALID UNLESS SIGNED:."
NOT VALID UNLESS SEALED WTPf THE
EMBOSSED SEAL OF THE SURVEYOR
C.E.C. FILE NO. 95.100
DATE: .I-/~-9c.
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Exhibit "A"
3106 S. HORSESHOE DR. . NAPLES. FLORIDA 33942. (941) 643-2324 . FAX (941) 643-1143
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OAE8101
DRAFT
MAR 28 Il96
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
EASEMENT
Easement No.
THIS INDENTURE, made and entered'into this
day of
, 19____, between the BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, acting
pursuant to ita authority set forth in Section 253.03,. Florida
Statutes, hereinafter referred to as "GRANTOR", and
"GRANTEE".
I hereinafter referred to as
WHEREAS, GRANTOR is the owner of the hereinafter described
real property, which is managed by the State of Florida
Department of
under Lease No.
; and
WHEREAS, 'GRANTEE desires an easement across the hereinafter
described real property for the construction and maintenance ot a
i and
WHEREAS, the managing agency has agreed to the proposed use
of this land under this instrument.
NOW THEREFORE, GRANTOR, tor and in consideration of mutual
covenants and agreements hereinafter contained, has granted, and
by these presents does grant, a non-exclusive easement unto
GRANTEE over and across the following described real property in
County, Florida, to-wit:
(See Exhibit "An Attached)
subject to the following teru.s and conditions:
1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities
and obligations herein shall be exercised by the Division of
state Lands, Department of Environmental Protection.
2. ~: The term of this easement shall be for a period
of tifty (50) years commencing on and
ending on unless sooner terminated
pursuant to the provisions of this easement.
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000 PlGd70
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Page 1 of 7
Easement No. ,
MAR 2 6 1996
3. USE OF PROPERTY AND UNDUE WASTE: This easement ehall
be limited to the construction and maintenance o! a
upon and across the property described in Exhibit "A" during the
term ot this easement. This easement shall be non-e~clusive.
GRANTOR, retains the right to engage in any activities on, over,
across or below the easement area which do not unreasonably
interfere with GRANTEE'S exercise ot this easement and further
retains the right to grant compatible Uses to third parties
during the term o! this easement.
GRANTEE shall dispose or, to the satis!action o! GRANTOR,
all brush and refUse resulting from the clearing ot the land tor
the Uses authorized hereunder. I! timber is removed in
connection with clearing this easement, the net proceeds derived
!rom the sale o! such timber shall accrue to GRANTOR. GRANTEE
shall take all reasonable precautions to control soil erosion and
to prevent any other degradation of the real property described
in Exhibit "A" during the term ot this easement. GRANTEE shall
not remOVe water trom any source on this easement inClUding, but
not limited to, a water course, reservoir, spring, or well,
without the prior written approval of GRANTOR. GRANTEE shall
clear, remove and piCk up all debris inclUding, but not limited
to, containers, papers, discarded tools and trash foreign to the
vork locations and dispose of the same in a satisfactory manner
as to leave the work locations clean and free of any such debris.
GRANTEE shall not dispose o! any contaminants inClUding, but not
limited to, hazardous or toxic SUbstances, chemicals or other
agents produced or used in GRANTEE'S operations, on this easement
or on any adjacent state land or in any manner not permitted by
law.
Upon termination or expiration of this easement GRANTEE
shall restore the lands over which this easement is granted to
SUbstantially the same condition as existed on the effectivB data
of this easement. GRANTEE agrees that upon termination of this
easement all authorization granted hereunder shall cease and
terminate.
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Page 2 o! 7
Easement No.
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MAR 2 6 1996
If the lands described in Exhibit "A" are under lease to
another agency, GRANTEE shall obtain the consent of such agency
prior to engaging in any Use of the real property authorized
herein.
4. ASSIGNMENT: This easement shall not be assigned in
whole or in part without the prior written consent of GRANTOR.
Any assignment made either in whole or in part without the prior
written consent of GRANTOR shall be void and without legal
effect.
5. RIGHT OF INSPECTION: GRANTOR or its duly authorized
agents, representatives or employees shall have the right at any
and all times to inspect this easement and the works of GRANTEE
in any matter pertaining to this easement.
6. NON-DISCRrMINATION: GRANTEE shall not discriminate
against any individual because of that individual's race, color,
religion, sex, national origin, age, handicaps, or marital status
with respect to any activity occurring within this easement or
upon lands adjacent to and used as an adjunct or this easement.
7. LIABILITY: Each party is responsible for all personal
injury and property damage attributable to the negligent acts or
omissions or 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.
8. COMPLIANCE WITH LAWS: GRANTEE agrees that this
easement is contingent upon and subject to GRANTEE obtaining all
applic&ble permits and complying with all applicable permits,
regulations, ordinances, rules, and laws of the state ot Florida
or the United States or of any political SUbdivision or agency of
either.
9. ARCHAEOLOGICAL AND HISTORIC SITES: Execution ot this
easement in no way affects any of the parties' Obligations
pursuant to Chapter 267, Florida Statutes. The collection of
artifacts or the disturbance of archaeological and historic sitss
on state-owned lands is prohibited unless prior authorization has
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Easement No. .
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MAR 2 6 1196
been obtained from the Department of state, Division of
Historical Resources.
10. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee
title to the lands underlying this easement is held'by GRANTOR.
GRANTEE shall not do or permit anything to be done which purports
to create a lien or encumbrance ot any nature against the real
property of GRANTOR including, but not limited to, mortgages or
construction liens against the real property described in Exhibit
A or against any interest ot GRANTOR therein.
11a PARTIAL INVALIDITY: It any term, covenant, condition
or provision at. this easement shall be ruled by a court ot
competent jurisdiction to be invalid, void, or unenforceable, the
remainder shall remain in full force and effect and shall in no
way be affected, impaired or invalidated.
12. SOVEREIGNTY SUBMERGED LANDS: This easement does not
authorize the use ot any lands located waterward at the mean or
. ordinary high water line of any lake, river, stream, creek, bay,
estuary, or other water body or the waters or the air space
thereabove.
13. DUPLICATE ORIGINALS: This easement is executed in
duplicate originals each of which shall be considered an original
for all purposes.
14. ENTIRE UNDERSTANDING: This easement sets forth the
entire understanding between the parties and shall only be
amended with the prior written approval of GRANTOR.
15. ~: Time is expressly declared to be of the essence
at this easement.
16. RIGHT OF AUDIT: GRANTEE shall make available to
GRANTOR all financial and other records relating to this easement
and GRANTOR shall have the right to audit such records at any
reasonable time during the term of this easement. This right
shall be continuous until this easement expires or is terminated.
This easement may be terminated by GRANTOR should GRANTEE fail to
allow pUblic access to all documents, papers, letters or other
materials made or received in conjunction'with this easement,
pursuant to Chapter 119, Florida Statutes.
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Page 4 of 7
Easement No a .
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MAR 2 8 1996
17. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume
full responsibility for and shall pay all liabilities that accrue
to the easement area or to the improvements thereon including any
and all drainage and special assessments or taxes ot every kind
and all mechanic's or materialman's liens which may be hereafter
lawtully assessed and levied against this easement.
lB. AUTOMATIC REVERSION: This easement is SUbject to an
automatic termination and r~version to GRANTOR when, in the
opinion ot GRANTOR, this easement is not used tor the purposes
outlined herein, and any costs or expenses arising out ot the
implementation of this clause shall be borne completely, wholly
and entirely by GRANTEE, including attorneys fees.
19. GOVERNING LAW: This easement shall be governed by and
interpreted according to the laws of the state of Florida.
20. SECTION CAPTIONS: ArtiCles, subsections and other
captions contained in this easement are for reference purposes
only and are in no way intended to describe, interpret, define or
limit the scope, extent or intent of this easement or any
provisions thereof.
21. SPECIAL CONDITIONS: The following special conditions
shall apply to this easement.
IN WITNESS WHEREOF, the parties have caused this easement to
be executed the day and year first above written.
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
Witness
Print/Type witness Name
By: (SEAL)
GLORIA C. NELSON, PLANNING
MANAGER, BUREAU OF LAND
MANAGEMENT SERVICES, DIVISON OF
STATE LANDS, FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Witness
Print/Type witness Name
"GRANTOR"
IDOl
000 P'GE 174
Page 5 or 7
Easement No.
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STATE OF FLORIDA
COtlNTlr OF LEON
MAR 2 6 1995
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The foreqoinq instrument was aCknowledqed before me this
day of . 19 ,by Gloria C. Nelson,
Planninq Manaqer. Bureau of Land Manaqement Services, DiVision of
State LAnds, Florida Department of Environmental Protection.
actinq as an agent on behalf ot the Board ot Trustees ot the
Internal Improvement Trust Fund of the State of Florida. She is
personally known to me.
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(SEAL)
Notary PUblic, State of Florida
Print/Type Notary Name
Commission NUmber:
Commission Expires:
Approved as to Form and Leqality
By:
DEP Attorney
BOARD OF COUNTY COMMISSIONERS OF
COUNTY, FLORIDA
Witness
Print/Type Witness Name
By:
(SEAL)
Its:
Witne..
Printed or Typed Name
STATE OF
COUNTy OF
"GRANTEEII
The foreqoinq
_ day of
AS
of
lUll or produced
instrument was acknowledged before me this
, 19 by I
~oard of county Commissioners
County, Florida. He/She is personally known to
as identification,
(SEAL)
Notary PUblic. State of Florida
Print/Type Notary Name
Commission Hum.ber zl.
Commission Expires:
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000 "~, 175
paqe 6 of 7
Easement No.
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Page 7 or 7
Easement No.
EXHIBIT "A"
LEGAL DESCRrPTION OF THE EASEMENT
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MAR 2 6 1900