Agenda 09/27/2011 Item #10K
9/27/2011 Item 10.K.
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EXECUTIVE S~Y
Recommendation .to obtain direction from the Board of COUDty Commissioners on how to
proceed witb<aD EUeoa.eDt Agreement for use betweeR CoI.lier COUDty aDd BeachfroDt
Property Owners requiring the Property OWDen. to provide publlcbeach access in
exchange forpublically. funded major beach reDourishmeDt, vegetado1t,iaIltiDg aDd dUDe
restoration to the.sllbj.property.
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OBJECTIVE: To obtain direction on how to Pro9~ with an Easement Agreement requiring .
Property Own~ to provide public beach access in exchange for publically funded major · beach
~nourishment, vegetation planting and dune restoration. .
CONS~E~TlONS: Collier County is planning major beachrenourishment;~egetation
planting, and dune restoration within the neXt two to four years. This project will be financed
using Tourist pevelo.pInent Taxes and/or a combination of grant money. This project will
directly 'affect and benefit the upland property owners as well as the residents and visitors of
Collier County.
The Board of County Commissioners discussed requiring a public use easement from the private
property owners at the May 11,2010 BCC meeting (Agenda Item lO(C)). -This easement would
require upland pro~ owners to agree and consent to allow full access to the beach seaward of
the vegetation line to Collier County residents and visitors as a condition of using public funds to
renourish private beach property, provide plantings on private property and restore the.dunes on
private property.
On April 12,2011, the Board directed staff to obtain input from the City of Naples and the City
of Marco Island on this approach (item lOG). A detai led proposed easement agreement as well as
the responses from the City of Naples and the City of Marco Island is attached. Both cities
recommend against the use of this proposed Easement Agreement.
The City of Nap.les felt that this approach was not necessary because previous easement
agreements have allowed renourishment to occur without incident; no access issues have
occurred within Naples; risk exists that the. proposed easement agreement will not be executed by
property owners; failure to obtain easements will result in a less successful renourishment; little
risk exists that the public win be denied access within the . City of Naples and funds/energy
required can be better used to challenge any restrictions to the public's access to the dry sand
beach.
The City of Marco Island believes that the benefit of this program is not significant enough to
justify the expenditure considc;:ring that the 'previous restoration efforts have 'not.required this
effort and no problems on Marco Island have occurred.
It is expected that tbi~ easement agreement will require at least two years to execute county. wide.
If a property owner refuses to execute this agreement, it is expected that no renQuriShment,
~. plantings or dune restoration win occur on thatproperty. Additionally, FDEP is concemedahout
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9/27/2011 Item 10.K.
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place. FDEP declined to comment on how this might affect permitting.
ADVISORY COMMITTEE RECOMMENDATIONS: On December 9, 2010 the Coastal
Advisory Committee recommended conceptual approval of this Easement Agreement (4 to 2
vote) and that the easement should terminate if the funding and the routine execution of beach
renourishment, vegetation plantings and dune restoration was to terminate.
At the Tourist Development Council February 28, 2011 meeting a recommendation not to
approve this Easement Agreement passed unanimously 9 to O.
FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Taxes,
State and/or Federal Grants.
It is anticipated that the cost to execute this easement for the Vanderbilt, Park Shore, Naples and
Marco Island beaches can be as high as $150,000. This cost would include researching property
data information, preparation of the easement documents, development of property owner letters,
telephone calls, meeting with owners and recording the documents. The cost to execute 10 and
20 year temporary construction easements in 2005 for the Naples, Park Shore and Vanderbilt
beaches was approximately $68,000.
GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan
related to this action.
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LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's
Office, requires majority vote, and is legally sufficient for Board action. - CMG
RECOMMENDATION: To obtain direction from the Board of County Commissioners on how
to proceed with an Easement Agreement for use between Collier County and Beachfront
Property Owners requiring the Property Owners to provide public beach access in exchange for
publically funded major beach renourishment, vegetation planting and dune restoration to the
subject property.
PREPARED BY: Gary McAlpin, CZM Director
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9/27/2011 Item 10.K.
COLLIER COUNTY
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Board of County Commissioners
Item Number: 10.K.
Item Summary: Recommendation to obtain direction from the Board of County
Commissioners on how to proceed with an Easement Agreement for use between Collier
County and Beachfront Property Owners requiring the Property Owners to provide public beach
access in exchange for publically funded major beach renourishment, vegetation planting and
dune restoration to the subject property. (Gary McAlpin, Coastal Zone Management, Public
Service Division)
Meeting Date: 9/27/2011
Prepared By
Name: HambrightGail
Title: Accountant,Coastal Zone Management
6/29/2011 2:56:43 PM
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Submitted by
Title: Accountant,Coastal Zone Management
Name: HambrightGail
6/29/2011 2:56:45 PM
Approved By
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 6/29/2011 3:48:11 PM
Name: McAlpinGary
Title: Director - Coastal Management Programs,Coastal Zon
Date: 6/29/2011 3:58:09 PM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 6/30/2011 11 :50:53 AM
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9/27/2011 Item 10.K.
~ Name: RamseyMarla
Title: Administrator, Public Services
Date: 7/6/2011 12:49:06 PM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 7/13/2011 3:36:06 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/14/2011 1 I :05:03 AM
Name: FinnEd
Date: 7/2012011 12:30:28 PM
Name: OchsLeo
Title: County Manager
Date: 9/19/2011 2: 11 :49 PM
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9/27/2011 Item 10.K.
City of M<8\,Jrco Island
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May18,2011
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MAY Z:j 2011
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Mr. Leo E. Ochs, Jr.
County Manager, Collier County
3299 Tamiami Trail East
Naples. FL 34112-5746
Re: Draft Beach Renourishment Easement Agreement for City Council review
and consideration
Dear Leo:
At the regular City Council meeting on May 16,2011, Mr. Gary McAlpin provided
a presentation and explanation of the proposal concerning mandatory easement
agreements in connection with the renourishment projects undertaken by the
County and funded, in large part, through TDC dollars. Gary stated that the
Board of County Commissioners would welcome input from the City of Marco
Island as part of the process.
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City Council took no formal action on the item, but directed me to summarize the
points and concerns raised by Council in their deliberations:
1. The reference to "allow full access to Collier County residents and visitors
alike to the beach" in the 4th "whereas" clause is confusing; though the
stated intent is lateral access,' it could be construed to mean access to the
beach through upland private property;
2. For a one-time beach renourishment project, the granting of a perpetual
easement to the public is not 'proportional as a quid pro quo. Stated in
another way, there is no sunset of the easement in the event that beach
renourishment program ends.
3. The notice of damage to be provided by grantor in paragraph 5 is limited
to 7 days after actual knowledge of any damage; this is not a sufficient
period of time to act; further, notice should go to the office of Director,
Coastal Zone Management, but not to a named individual;
4. Overall, given the projected cost of the program for it implementation, the
City of Marco Island believes that the benefit is not significant enough to
support the expenditure; previous restoration efforts have not required
such efforts and no problems on Marco Island have been documented.
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50 lBa.lJ. Eagle Drive, Ma.rco Isla.nd., Florida. 34145
(239) 3RQ-!i.OOO FAX (239) 389-4359
wwv Packet Page -90S-land. com.
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9/27/2011 Item 10.K.
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On behalf of the citizens of Marco Island and City Council, we appreciate the
opportunity to comment on this proposal in advance of a hearing before the BCC.
With kind regards,
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James C. Riviere, Ph.D.
City Manager
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lULL BARNETT
I'vlAYOR
May 5, 2011
Honorable Chairman and Board of County Commissioners
Collier County Government Complex
3299 Tamiami Trail East, Suite 303
Naples, Florida 34112
Dear Chairman Coyle and Board of County Commissioners:
By letter dated April 19, 2011, County Manager Ochs conveyed a request on behalf of
the Board of County Commissioners for input from the Naples City Council regarding a
proposed easement agreement to be utilized for beach renourishment projects. The
Naples City Council reviewed the proposed easement agreement, previous easement
agreements, and considered state law regarding access to the beach.
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While City Council applauds the desire of the Board of County Commissioners to
preserve and protect the public's right of access to use and enjoy the beach, we
recommend that .the Board continue to rely upon the 20-year easements previously
granted by upland property owners and, where necessary, utilize the same or similar
easement language contained in those agreements. Most of the 115 existing
easements granted by property owners within the City of Naples expire in the year
2024.
Our recommendation is based on the following:
1) The 2004 easement agreements have allowed beach renourishment projects.
2) Private property owners and the public have enjoyed the Naples beach without
major conflicts as to the public's right to use and enjoy the beach.
3) There is a fair risk that Collier County will not obtain many easement agreements
from upland property owners because of the proposed easement language.
4) Failure to obtain easements may result in a substantially less successful
renourishment due to the by-passing of properties that have not provided an
easement.
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735 EIGHTH STREET SOUTH' NAPLES. FLORIDA .'14102,0796
TELEPHONE (23<,)) 2! J IOI){) FAXrT'I9: 2B 1010 CELL (239) 7777952
EMAIL. MayorNaple\"'uol.!om HOME FAX (23<,)) 417 SIH,3
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Honorable Chairman and Board of County Commissioners
May 5, 2011
Page Two
5) There is relatively little risk that the public will be denied access to the dry sand
beach by a private property owner.
6) Funds used to acquire and record the new easement, and the considerable
energy that will be required of City and County staff and elected officials, may be
better used to challenge any restrictions to the public's access to the dry sand
beach.
We extend our gratitude to the Board of County Commissioners for their desire to obtain
input from the Naples City Council, and we trust the views of the Naples City Council
will be considered.
7YJI
Bill Barnett
,-. Mayor
cc: City Council
Leo Ochs
Gary McAlpin
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9/27/2011 Item 10.K.
Return to:
Collier County Real Property Management
3335 Tamiami Trail East
Suite 101
Naples, FL 34112
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EASEMENT AND AGREEMENT FOR BEACH RENOURISHMENT,
PLANTING, DUNE RESTORATION, AND PUBLIC BEACH ACCESS
THIS BEACH RENOURISHMENT, PLANTING, DUNE RESTORATION, AND PUBLIC
BEACH ACCESS EASEMENT ("Easement") granted this _ day of
, 2011, by , whose mailing
address is as Grantor, to the BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
BODY OF COLLIER COUNTY, whose mailing address is 3299 East Tamiami Trail, Naples,
Florida 34112, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, successors and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the mutual benefits to be derived
from the Collier County Beach Renourishment Project, and other good and valuable
consideration, hereby grants, bargains, and conveys to the Grantee this Public Beach Access
Easement on, over and upon the following described property ("Easement Property"):
All of that land which lies [seaward of the seawall located on the property
(or) the sandy beach seaward of the vegetation line] on the property of the
tract or parcel of land lying within the parcel of real property described in O. R.
Book _, Page _ of the Public Records of Collier County, Florida, a
copy of which is attached hereto as Exhibit "A."
WHEREAS, Collier County is planning a major beach renourishment, vegetation planting and
dune restoration project in 2013 which will be funded in whole or in part by Tourist Development
Taxes, State and/or Federal Grants; and
WHEREAS, the major beach renourishment project, planting and dune restoration, will directly
affect and benefit the upland property owners as well as the residents and visitors of Collier
County; and .
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WHEREAS, the Board of County Commissioners finds that in order to use public funds to
benefit private property owners it is necessary that property owners agree and consent to allow
full access to Collier County residents and visitors alike to the beach; and
WHEREAS, this Easement and Agreement for Beach Renourishment, Planting, and Dune
Restoration, and Public Beach Access, shall be entered into and recorded in the land records of
Collier County to bind [Grantor] its successors and assigns; and
WHEREAS, the parties wish to establish their respective rights and responsibilities relative to
the use and maintenance of the beach front area described in the attached Exhibit "A"
("Easement Property").
NOW THEREFORE Grantor hereby conveys an Easement and Agreement for Beach
Renourishment and Public Access to Collier County as follows:
In consideration of the mutual benefits to be derived from the beach renourishment and other
good and valuable consideration, the Grantor hereby grants, bargains and conveys to the
Grantee a permanent, non-exclusive easement on, over and upon the Easement Property.
This is a non-exclusive Easement with Grantor reserving the right to continued free use of the
Easement Property in a manner not inconsistent with the rights granted herein to Grantee,
subject to the following terms and conditions:
1. Use. The Easement Property may be used by Grantee, its contractors, agents, and
assigns for the purpose of implementing and maintaining the Collier County Beach
Renourishment Project and shall include, without limitation, the right to utilize the Easement
Property for enlarging and maintaining the beach and shoreline by filling with compatible sand,
for planting and maintaining native dune vegetation, to move, store and remove equipment and
supplies, to erect and remove temporary structures on the Easement Property and to perform
any other work necessary and incident to the Collier County Beach Renourishment Project,
together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions
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9/27/2011 Item 10.K.
or obstacles within the limits of the Easement Property; and for public access for the benefit of
the citizens and visitors of Collier County, for the purpose of accessing and using the
recreational beach seaward of the vegetation line, in a manner consistent with traditional use
enjoyed by the public at public beaches, as determined by the Grantee on, over, and upon the
Easement Property.
2. Reasonable Use. The rights and interest conveyed hereunder are conditioned upon the
reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with
Grantor's use of the Easement Property. Grantee further agrees that it shall. at the Grantee's
cost, repair any damage caused to Grantor's property as a result of Grantee's negligence.
3. Grantor's Obliaation. Grantor agrees not to do or commit any acts that would interfere
with the rights granted to Grantee under this Easement. Grantor expressly agrees not to move
or remove any material placed upon said Easement Premises by Grantee without the prior
written consent of the Grantee, permitting agency or other regulatory agency. Grantor hereby
agrees not to modify or revoke any of the aforesaid rights for the full term of this Easement
Agreement without prior written approval of the Grantee. Grantor specifically understands and
agrees that large sums of money will be expended by the County, the State of Florida, the
United States and others and heavy obligations incurred by the County, the State of Florida, the
United States and others for the purpose of beach renourishment, all in reliance upon the rights
granted by this Easement Agreement remaining unmodified and unrevoked for the full term of
this agreement.
4. Grantor's Representations. Grantor acknowledges that Grantor is the lawful owner of
and has good and marketable legal title to the Easement Property; that Grantor has the full
right, power and authority to grant this Easement to Grantee, and all other rights granted
hereunder; and that Grantor agrees that in the event another party attempts to and/or does not
set aside this Easement based upon a superior right in the Easement Property, or commit any
act which would in any way nullify or interfere with the rights granted hereunder, the Grantor will
take all such steps as shall be necessary and appropriate to secure to Grantee the rights and
interests secured hereunder.
5. Notice. In the event any damage caused or believed to be caused by Grantee to
Grantor's property, Grantor agrees, within seven (7) days of becoming aware of any such
damage, to notify Grantee in writing, in care of the following individual and address, by certified
mail, return receipt requested:
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Gary McAlpin, Director
Coastal Zone Management
Collier County Government
3299 Tamiami Trail East
Naples, Florida 34112
Failure of Grantor to timely notify Grantee of same shall excuse Grantee of any liability
for any and all such damage.
6. Term. This Public Beach Renourishment, Planting, Dune Restoration and Public Beach
Access Easement shall run with the land and shall be binding upon and inure to the benefit of
all present and future owners of any portion of the Property and their successors and/or
assigns, it being the intention of the Grantor that this Easement be perpetual.
This is HOMESTEAD Property
This is NOT HOMESTEAD Property
This is a Homeowners' Association and the signature below is by a duly authorized individual.
IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed
this_day of ,2011.
Signed, Sealed and Delivered
in the presence of:
Grantor:
(Sealed)
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Witness
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Name - Typed or Printed
Witness
Name - Typed or Printed
STATE OF
COUNTY OF
9/27/2011 Item 10.K.
Name - Typed or Printed
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The foregoing instrument was acknowledged before me this _ day of ,
2011, by who is personally known to me or who has
produced as identification and who did not take an oath.
Signature
Name - Typed or Printed
Notary Public
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