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.
Project Name: Rookery Bay
Owner: Collier County
Shell Island Road
Sheet2 of 2
Folio No. 00741960001
EXHIBIT A
Page 2 of3
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