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Backup Documents 09/10/2013 Item #16A21 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI 6 A 21 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office G$-j�j�iL 9-10-13 4. BCC Office Board of County b Commissioners �5) ` . \-2-- 5. Minutes and Records Clerk of Court's Office l ct PRIMARY CONTACT INFORMATIO Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Gail Hambright �,<k>c \-Z-crr'o" Phone Number 252-2966 Contact/ Department j i <- (2.. -,e_Art Agenda Date Item was 9/10/13 Agenda Item Number 16A21 Approved by the BCC Type of Document Easement Number of Original 2 * Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? gh 2. Does the document need to be sent to another agency for additional signatures? If yes, gh 5ce. provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. rto-ke.. ex* 3. Original document has been signed/initialed for legal sufficiency. (All documents to be tUo' cs signed by the Chairman,with the exception of most letters,must be reviewed and signed gh by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's gh Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the gh document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's 94- signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip ,5,' should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding t Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware o our deadlines! 8. The document was approved by the BCC on 9/10/13' (enter date)and all changes i,,c made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the k Chairman's signature. *PLEASE RETURN ONE ORIGINAL TO GAIL HAMBRIGHT I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revi -■ . 4.05;Revised 11/30/12 16A21r MEMORANDUM Date: September 16, 2013 To: Gail Hambright, Accountant Coastal Zone Management From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Sovereignty Submerged Lands Easement Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Attached, please find two (2) original of the document referenced above (Item #16A21), approved by the Board of County Commissioners on Tuesday, September 10, 2013. Please forward a fully executed original to the Minutes and Records Office so it's kept as a part of the Boards Official Records If you have any questions, please call 252-7240. Thank you. 16A21 This Instrument Prepared By: Karri Mac1nnes 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 NO.41519 BOT FILE NO. 110236855 PA NO.0235209-003-1C 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 Sections 18 and 19, Township 52 South,Range 26 East,in Caxambas Pass, Collier County,as is more particularly described and shown on Attachment A,dated January 20.2012. TO HAVE THE USE OF the hereinabove described premises for a period of 50 years from October 11,2012 the effective date of this easement. The terms and conditions on and for which this easement is granted are as follows: I. USE OF PROPERTY: The above described parcel of land shall be used solely for beach nourishment at South Marco Island and Grantee shall not engage in any activity except as described in the State of Florida Department of Environmental Protection Consolidated Joint Coastal Permit No.0235209-003-1C,dated October 11.2012,incorporated herein and made a part of this easement by reference,and any future permit issued by the State of Florida. All of the foregoing subject to the remaining conditions of this easement. 2. EASEMENT CONSIDERATION: 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 COMPATIBLE 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. 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 time,or any other law providing limitations on claims. [40j 1 6A21 5 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 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. 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 of land 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 3299 Tamiami Trail East,Suite 103 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. AMENDMENT/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 if it 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 from the Grantor,with the exception of emergency repairs,except for those authorized by State permits. 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. Page 2 of 5 Pages Easement No.41519 fi 16A211 WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Original Signature (SEAL) BY: Print/Type Name of Witness Jeffery M.Gentry,Operations and Management Consultant Manager,Bureau of Public Land Administration,Division of State Lands,State of Florida Department of Environmental Original Signature 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 Jeffery M.Gentry,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. He is personally known to me. APPROVED AS TO FORM AND LEGALITY: Notary Public,State of Florida DEP Attorney Printed,Typed or Stamped Name My Commission Expires: Commission/Serial No. i I r W it S CollkCounty,Fl ida ; (SEAL) By its Boar of C nty commissioners duk BY: Origi R i!!s!R!a! Original S' t of xecuting Authority iI ,, e I. ire Geoirgia A.Hiller Typ . ' li,Name of imess / typed/Printed Name of Executing Authority •t , /', Chairwoman Origin: i s , ure Title of Executing Authority gi �tvr<\lri\0.( \ `V Typed/Prin ed Name of Witness "GRANTEE" STATE OF FLQfe_1Q;i COUNTY OF C0LL( e f< The foregoing instrument was acknowledged before me this t " \day of S -' � ''b _If,20.i 3,by Georgia A,Hiller as Chairwoman,for and on behalf of the Board of County Commissioners o Collier Coun Florida. He is personally known to me or who has produced YZ 1C4._ ,as identification. My Commission Expires: w `/ . c�ne. 11 , 2_O 1'1 Notary P .lic,State of \.... — • Commission/Serial No. F F l tq 3`b Printed,T or Stamped Name Pa Nrrr ved as to form and legality Ear me 9 VIRGINIA A.NOT ter��\\y� tillNotary Public:Maio of Florida / My Comm. Expires Jun 23. 201 (� __� ( y I -" Commission I FF 11938 % Assistant County Attorney '%;';'''''' Bonded Thr,ughNationalNolaty 4,sn O. ( - 16A21 COASTAL CECI Group Services ENGINEERING Civil Engineering Planning Services P CONSULTANTS Surve/a Mapping INC Coasrol Engineering Real Estate Services A CECI GROUP COMPANY Website:H ww.coostalengineering.com SOUTH MARCO ISLAND BORROW AREA PROPOSED SUBMERGED LANDS EASEMENT DESCRIPTION A PARCEL OF SOVEREIGN SUBMERGED LANDS IN CAXAMBAS PASS, SOUTH MARCO ISLAND, ADJACENT TO SECTION 19, TOWNSHIP 52 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCING AT"FLORIDA DNR" PERMANENT REFERENCE MONUMENT 64-78- A24 WITH A NORTHING OF 588,145.0367 FEET AND AN EASTING OF 410,914.7347 FEET RELATIVE TO NORTH AMERICAN DATUM 1983, FLORIDA EAST ZONE, RUN S 22°57'21" E FOR A DISTANCE OF 16,535.58 FEET TO THE POINT OF BEGINNING. THENCE S 36°06'27"E 105.21 FEET; THENCE S 16°45'15"W 398.93 FEET; THENCE S 57°28'18"W 1,846.70 FEET; THENCE N 32°29'45"W 359.25 FEET; THENCE N 57°18'41" E 2,142.30 FEET TO THE POINT OF BEGINNING, SAID POINT BEING S 33°06'32" E, A DISTANCE OF 1,251.41 FEET FROM R-148 (2002). THE ABOVE DESCRIBES 16.96 ACRES OF SUBMERGED LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORI r,• USIN ORIZATION NO. LB 2464 ,' . �etr. RICHARD J: EWJN .P.. PROFESSIONALS s RVEYOR AND MAPPER FLORIDA-CERTIFICATE'NO;5295 NOT VALID.WIThbUT THE SIGNATURE AND THE ORIINALUISEI),SEAL OF A FLORIDA LICENSEE?;S1,JRVEXOR AND MAPPER CEC FILE NO;j 1;8113 DATE: /• 2 a--/2-' 3106 S.Horseshoe Drive.Napes.Florida 34104-6137 • Phone(239)643-2324 Fax(239).643-1143 • E Mail:info9cecifl.com Attachment A 4 of 5 Pages Easement No.41519 CP ri, it 6 A 2 1 c a Z—11111111101.11W"-- 21i O DNZ -�� �o m D ;n vd 11111 0 (O Aram E mm p r r m ' S N T p= pnOZ8 A N N m ,o AQ• z0 C7 N r-<rz NZ C o 0m Zf) Rl �gj cmyyi Z N N o z n S k o� -yzri t� j N m aa: p r I— D O O (� .Z L (J N A o m m A m 0 C3 D 0 O Q 7 0 tD to on 0 n ' o �Aa ND m Av II N AN ND ti CA Z CO Zp � O n �w w r m co z Zz 0 •i N tD j Ei co i N W 2 O _ O S z nF -r. 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