Big Marco/Caxambas Pass Sovereign Land Easement
INSTR 4618416 OR 4729 PG 1420
RECORDED 10121/201111:53AM 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. 111460389
EASEMENT NO. 00128(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 ofland 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 CONSIDERA nON: 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 COMPA nBLE 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. INDEMNIFICAnONIINVESnGAnON 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]
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 ofland 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 ifit 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 -L of ---12... Pages
Easement No. 00128(3955-11)
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 .....L of ---12... Pages
Easement No. 00128(3955-11)
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLO~DA
(SEAL)
BY:
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"
Printed, Typed
My Commissio
Commission/Serial No.
WITNESSES:
Original Signature
TypedlPrinted Name of Witness
Original Signature
TypedlPrinted Name of Witness
STATE OF
Collier County. Florida
By its Board of Co missioners
(SEAL )
BY:
Original Signature of Executing Authority
Fred W. Coyle
TypedlPrinted Name of Executing Authority
Chairman
Title of Executing Authority
"GRANTEE"
COUNTY OF
The foregoing instrument was acknowledged before me this e-q.. day of S'e.J}~b~ , 20.LL, by
Fred W. Coyle as Chairman, for and on behalf of the Board of County Commissioners ~r County. Florida. He is
personally known to me or who has produced , as
identification.
M :':~liaUlilii.wUIo~~ioi.................
: IAN MITCHELL :
: ..,~:';"''''- Comm# 000810028 :
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Printed, Typed or Stamped Name
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Approved as to form & legal sufficiency
~~
Colleen Greene,
Assistant County Attorney
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Easement No. 00128(3955-11)
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Attachment A
Page ~ of ~ Pages
Easement No. 00128(3955-11)
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COASTAL ENGINEERING
CONSULTANTS, INC.
Development Consultants · Coastal EngIneers. Marine ScIentists
Civil Engineers · Surveyors · Appraisal and Real Estat~ 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 Line Plat of Collie~ 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 N24 25'56"W 5739.97 feet to the Point of
Beginning; thence NlloOO'OO"E 3600.00 feet; thence N79000'00"W
o . 0
2100.00 feet; thence 811 OO'OO"W 3600.00 feet; thence S79 OO'OO"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 zone with a bearing of
o
S44 29'Sl.9"E from permanent reference monument 64-78-A-24 to permanent
reference monument 64-78-A-252.
COASTAL ENGINEERING CONSULTANTS, INC.
~~~--------------
James S. Rlchmond, P.L.S.
Florida Certificate No. 4118
C.E.C. File No. 88.00-10
Date: $. t4.-- ~i
Attachment A
Page..&.. of 15 Pages
Easement No. 00128(3955-11)
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 PIPELINE EASEMENT IlDIl
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 ~011ier County, Florida, run N24 25'56"w 5739.97 feet; thence
N79 OO'OOIlW 404.17 feet to the Point of Beginning; thence 511000'001lW
o 0
4414.14 feet; thence S21 08'071lE 1507.20 feet; thence 553 16'1411E
3495.98 feet; thence N8~043'46IlE 1414.21 feet; thence N~6043'46"E
981.72 feet; thence S52 40'1211E 168.12 feet; thence 860 14'2111E
203.24 feet; thence S550~9'15IlE 130.24 feet; thence S3604~'46I1W
2509.27 feet; thence N53 16'141lW 6200.00 feet; thence NIl OO'OOIlE
5618.16 feet; thence S79000'001lE 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 Mexico.
Bearings based on the Florida east coordinate grid zone with a bearing of
o
844 29'51.911E from permanent reference monument 64-73-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. 88.001-DIO
Date: 7~ff-P
Attachment A
Page ..l of 15 Pages
Easement No. 00128(3955-11)
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 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 N24025'56"W 5739.97 feet; thence
Nl1000'00"E 53.73 feet to the Point of Beginning; thence Nll000'00"E
644.02 feet; thence S39055'46"E 2451.85 feet; thence S65037'33"W
107.13 feet; thence S51015'II"W 192.79 feet; thence S59046'35"W
509.15 feet; thence S06041'02"E 1211.84 feet; thence S02006'20"W
1360.92 feet; thence S34006'52"E 374.43 feet; thence S39030'28"E
738.78 feet; thence S62026'50"E 259.42 feet; thence S50027'50"E
816.88 feet; thence S76015'49"E 463.25 feet; thence S38041'43"E
164.01 feet; thence N76015'49"W 616.15 feet; thence N50027'50"W
829.29 feet; thence N62026'50"W 269.22 feet; thence N39030'28"W
763.78 feet; thence N34006'52"W 411.85 feet; thence N02006'20"E
1385.94 feet; thence N06041'02"W 1899.94 feet; thence N39055'46"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.
James S. Richmond, P.L.S.
Florida Certificate No. 4118
C.E.C. File No. 88.001-PE
Date: q-14-~}
Attachment A
Page .Jl of 15 Pages
Easement No. 00128(3955-11)
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Page ....2. of 15 Pages
Easement No. 00128(3955-11)
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COASTAL ENGINEERING
CONSULTANTS, INC.
Development Consultants · Coastal Engineers. Marine Scientists
Civil Engineers · Surveyors · Appraisal and Real Estate Consultants
3106 S. Horseshoe Dr.. Naples, Florida 33941 . (813) 643.2324
TEMPORARY BORROW AREA EASEMENT "4"
DESCRI P'rI ON
Commencing at permanent reference monument IICaxambasll 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 ~ollier County, Florida, run S13 18'4111W 778.70 feet; thence
SOO OO'OO"E 100.00 feet tg the Point of Beginning; thence S90000'00"W
3072.77 feet,. thence SOO OO'OO"E 1462.28 feet,. thence N90 OO'OO"E
o . 0
3300.00 feet; thence N75 00'l8"E 2898.71 feet; thence NOO OO'OO"E
o 0
700.00 feet; thence N78 41'2411W 1529.71 feet; thence S90 OO'OO"W
o 0
1112.29 feet; thence S45 OO'OO"W 406.89 feet; thence 890 OO'OO"W
127.23 feet to the Point of Beginning.
The above describes an area of approximately 193.71 acres of land
sUbmergBd in Caxambas Pass and the Gulf Of Mexico.
Bearings based on the Florida east coordinate grid zone with a bearing of
o
S04 33'49"E from permanent reference monument 64-78-A-26 to permanent
reference monument Caxambas.
COASTAL ENGINEERING CONSULTANTS, INC.
~~~.t:h~~n~-Z~;~------------
Florida Certificate No. 4118
C.E.C. File No. 88.001-11
Date: ;1..i!l8f
Attachment A
Page ...1Q.. of ~ Pages
Easement No. 00128(3955-11)
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 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. I, 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 fhe Point of
Beginning; thence leaving said seawall face run SOOoOO'OO"E 100.00
feet; thence S90000'OO"W 3072.77 feet; thence N70021.'30"E 3301.74
feet to a Department of Natural Resources monument T-148 as shown on said
plat; thence 858003'38"W to a point on said face of seawall 327.68
feet; thence 805035'27"W 408.56 feet; thence SlS040'22"E 295.34J
feet; thence 843007'20"E 194.96 feet; Y.thence S81041'14''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.
Bearings based on the Florida east coordinate grid zone with a bearing of
o
S04 33'49"E from perma.nent 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-D4
Date: 3. eA.' 1'(
Attachment A
Page -1!. of ~ Pages
Easement No. 00128(3955-11)
COASTAL ENGINEERING
CONSULTANTS, INC.
Development Consultants · Coastal Engineers . Marine ScientIsts
CIvil Engineers · SUlveyors · AppraIsal and Real Estate Consultants
3106 S. Horseshoe 0[. 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 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 778.70 feet; thence
SoooOO'OO"E 100.00 feet; thence S90000'OO"W 786.47 feet to the Point
of Beginning; thence sogOoo'oo"w 149.93 feet; thence S90~00'OO"W
500.00 feet; thence NOO OO'OO"E 1300.00 feet; thence.N90 OO'OO"E
500.00 feet; thence sOOoOO'OO"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
o
S04 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-D6
Date: 5 ~ Z4. rr
Attachment A
Page -1J.. of 15 Pages
Easement No. 00128(3955-11)
COASTAL ENGINEERING
CONSULTANTS, INC.
Development Consultants · Coastal Engineers. Marine Scientists
CIvil EngIneers · SUlveyors · Appraisal and Real Estate Consultants
3106 S. Horseshoe Dr.. Naples, Florida 33941 . (813) 643-2324
TERMINAL STRUCTURE EASEMENT
DESCRIPTION
Commenc ing at permanent reference monument "Caxambas" as sho\vn 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 513 l8'41"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 run sOooOO'OO"E 100.00
o . 0
feet; thence S90 OO'OO"W 786.47 feet; thence NOO OO'OO"W 750.07
fee~; thence N90000'00"E 527.00 feet to said face of seawall; thence
S05 35'27"W 221.26 feet; thence S18040'22"E 295.34 feet; thence
S43007'20"E 194.96 feet; thence 58l041'14"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
o
S04 33'49"E from permanent reference monument 64-78-A-26 to permanent
reference monument Caxarnbas.
COASTAL ENGINEERING CONSULTANTS, INC.
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Florida Certificate No. 4118
C.E.C. File No. 88.00l-D5
Da t e : 7. V1 . 6r
Attachment A
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Easement No. 00128(3955-11)
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Page 15 of ~ Pages
Easement No. 00128(3955-11)
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