Sovereign Submerged Lands Easement
This Instrument Prepared By:
Kathy C. Griffin
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
L- ~
3605771 OR: 3785 PG: 2767
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
04/28/2005 at 09:30AM DWIGHT B. BROCK, CLBRK
RBC FBB
COPIES
61.00
7.00
Retn:
RBAL BSTATB SBRVICBS
INTBROFFICB
ATTN: TONI BXT 8780
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGN SUBMERGED LANDS EASEMENT
NO. 40548
BOT FILE NO. 110337105
PA NO. 0222764-00l-JC
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 sovereign lands, if any, contained in the following legal description:
A parcel of submerged land in Sections 5. 6. and 7,
Township 52 South, Range 26 East, in Gulf of Mexico,
Collier County, as is more particularly described
and shown on Attachment A, dated March 1, 2004.
TO HAVE THE USE OF the hereinabove described premises from Januarv 7.2005, the effective date of this
easement. The terms and conditions of and for which this easement is granted are as follows:
1. USE OF PROPERTY: The above described parcel of land shall be used solely for construction of a beach
nourishment project along the shoreline of Hideaway Beach on Marco Island and Grantee shall not engage in any activity
except as described in the Department of Environmental Protection, Consolidated Joint Coastal Permit No. 0222764-001-JC,
dated Januarv 7. 2005, incorporated herein and made a part of this easement by reference. 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 PRIV ATE RIGHTS:
Grantee shall not damage the easement lands or unduly interfere with public or private rights therein.
6. GRA,NTOR'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. INDEMNIFICA TION/INVESTIGA TION 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]
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS
COlLIER COUNTy FLORIDA ·
PURSUANT 10 ~A ·
DATED: '~-2..2-() rrEM NO. -1La.EJ..
OR: 3785 PG: 2768
9. VENUE: Grantee waives venue as to any litigation arising from matters relating to this easement and any such
litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida.
10. 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.
11. 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 costs, including attorneys' fees, incurred by the Grantor to enforce the provisions of this easement shall be paid
by the Grantee. 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 Board of County Commissioners
c/o Kenneth Humiston, P .E.
Humiston and Moore Engineers, Inc.
5679 Strand Court
Naples, Florida 34110
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.
12. 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.
13. 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 11 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.
14. 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.
15. 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.
16. 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.
17. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Grantee shall obtain the U.S. Army Corps of Engineers (COE) permit ifit is required by the COE. Any modifications to the
construction and/or activities authorized herein that may be required by the COE 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.
Page ~ of -.:L Pages
Easement No. 40548
OR: 3785 PG: 2769
18. 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 l8-14, 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.
19. UPLAND RIP ARIAN PROPERTY INTEREST: During the term of this easement, Grantee must have
satisfactory evidence of sufficient upland interest as defined in Rule l8-21.003, Florida Administrative Code, to the extent
required by paragraph 18-2l.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.
20. ACCRETION INTEREST: In further consideration of the issuance ofthis 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 2- of l Pages
Easement No. 40548
OR: 3785 PG: 2770
PrintlType Name of Witness
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Print/Type Name of Witness ...-'
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
~ -1 ~ (SEAL)
BY: /[/~4~~
Dale Adams, OperatIOns and Management Consultant
Manager, Bureau of Public Land Administration,
Di vision 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
"GRANTOR"
ST ATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this ~ay of W'\ \ , 20C.:F") by
Dale Adams. Operations and Management Consultant Manager. Bureau of Public Land Administration. 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. He is personally known to me.
C ~~
ITY:
otary Public, State of Flori' .
~' . 1\\""\\\'M"c"!)"",,,1.
D L ~ ~ ("\ \-. n.e~i:f~
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. . L.A I; ..~\SSION~.._ ~,
Printed, Typed or Stamped Name g ....>...G~'I>'\ '6,.?oo~". .
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::::*: ..... .>\.
My Commission Expires: ~ ~ ~ #CC993596 f _ ~
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Commission/Serial No. 'I1'I,dI.IC ~,,~ .'o)~
.11)"" 1Il"'\\~'
DEP Attorney
.~' _' . \ t
ATTEST:
DWIGHT E. ~QCK; Clerk
, ,
COLLIER COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COM
By:
By:
, .
STATE OF Pi O\('l&~
COUNTY OF Co III e r'
"GRANTEE"
The foregoing instrument was acknowledged before me this ;;;3..d. day of -.ffi Cot, rc.. c.... , 20~, by
Fred W. Coyle as Chairman, for and on behalf of the Board of County Commissioners of Collier County, Florida. He is
~nally known to m~ or who has produced ~__n n' "/de:~':~ ~
My Commission Expires: ~~~ ~
Notary Public, ate of
Commission/Serial No.
Printed, Typed or Stamped Name
Page ~ of -.:L Pages
Easement No. 40548
'., )'; CO forn & legll suffiCiency
'~0v~
<.:~::L._ . ,1 "bA/-zA.--.....-
Assistant County Attorney
Ellen T. Chadwell
..\"~~~~~::!4'" CARolYN SUE FILSON
,.~"""." N fa
f:' :.\ 0 ry Public - State of Florida
".. ~Como"""'--28 .."".
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OR: 3785 PG: 2771 .
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PAGE 5 OF 7 PAGES
EASEMENT NO. 40548
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.' LEGAL DESCRIPTION
OR: 3785 PG: 2772
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A PARCEL OF SUBMERGED LAND LYING IN BIG MARCO PASS, LOCATED IN SECTION 5, TOWNSHIP 50 SOUTH,
RANGE 25 EAST, COLLIER COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT FLORIDA DEPARTMENT OF NATURAL RESOURCES REFERENCE MONUMENT "64-78-A24" FOR
A POINT OF REFERENCE; THENCE NORTH 14'10'42" EAST 6941.06 FEU TO A CONCRUE MONUMENT
MARKED "H-9"; THENCE NORTH 56'29'37 EAST 3258.99 FEU TO A CONCRUE MONUMENT MARKED "H-15";
THENCE NORTH 89'45'04" EAST 139.27 FEU TO THE MEAN HIGH WATER LINE OF BIG MARCO PASS AS
LOCA TED IN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION MEAN HIGH WATER SURVEY FILE NUMBER
3292 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE THE FOLLOWING COURSES
ALONG SAID MEAN HIGH WATER LINE AS LOCATED IN SAID SURVEY FILE NUMBER 3292; NORTH 71"03'34"
WEST 55.93 FEU; THENCE NORTH 50'41 '23" WEST 30.76 FEU; THENCE NORTH 25'31 '31" WEST 52.43
FEU; THENCE NORTH 17'35'26" WEST 75.46 FEU; THENCE NORTH 43'42'00" WEST 25.22 FEU; THENCE
NORTH 66'12'37" WEST 45.37 FEU; THENCE NORTH 88'13'11" WEST 51.56 FEU; THENCE LEAVING SAID
MEAN HIGH WATER LINE, NORTH 28'03'48" WEST 117.45 FEU; THENCE EAST 206.09 FEU; THENCE SOUTH
28'23' 12" EAST 339.49 FEU; THENCE WEST 79.66 FEU TO THE POINT OF BEGINNING.
CONTAINING 1.060 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
BEARINGS ARE GRID BEARINGS BASED UPON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE,
NORTH AMERICAN DATUM OF 1983, 1999 ADJUSTMENT.
.\TT,\CIIMJ<:NT A
PAGE 6 OF 7 PAGES
K\SJ<AIENT NO. 40548
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