Agenda 03/09/2021 Item #16D 2 (8yr Sovereginty Submerged Lands Easement Renewal & Modification)16.D.2
03/09/2021
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign an eight -year Sovereignty
Submerged Lands Easement Renewal and Modification with the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida at Collier Boulevard Boating Park with an
effective date of August 15, 2018.
OBJECTIVE: To provide for public access to waterways located at Collier Boulevard Boating Park.
CONSIDERATIONS: On April 14, 2009, Agenda Item #16D3, the Board of County Commissioners
(Board) approved a Sovereignty Submerged Lands Easement (August 15, 2008 - August 15, 2018) for
Collier Boulevard Boating Park.
On December 18, 2020, the Facilities Management Division received the eight -year Sovereignty
Submerged Lands Easement Renewal and Modification (August 15, 2018 - August 15, 2026) document
from the State. The original easement expired, per state protocol, as a result of Collier County not having
done work within the Collier Boulevard Boating Park since August 15, 2018. The County's proposed
renovation project at the park prompted the State to renew the easement, which must be a continuous
chain. As a result, the renewal was backdated by the State to the expiration date of the original easement.
Section 11 of the original easement states: "The term of any renewal granted by the Grantor shall
commence on the last day of the previous easement term." The last day of the previous easement term
was August 15, 2018; therefore, the effective date of the easement renewal and modification, as identified
by the State, is August 15, 2018. The easement renewal and modification authorizes the County's
continued use and operation of a proposed public floating dock, access boat ramp, mangrove planting
area, and upland public boat trailer parking lot at Collier Boulevard Boating Park.
The County is proposing to renovate the existing boat ramp and bulkhead structures at Collier Boulevard
Boating Park and to add a floating dock to improve the public access to boats utilizing the facility.
Execution of the easement renewal and modification is required as part of the associated Consolidated
Environmental Resource Permit No. 0197753-004. Construction cannot commence until the document is
fully executed.
The policies of the Board of Trustees of the Internal Improvement Trust Fund (TIITF) and the FDEP
require that the Grantee (Board) approve, execute, and accept the attached Easement Renewal and
Modification prior to execution by Grantor (TIITF).
FISCAL IMPACT: The cost of recording the Sovereignty Submerged Lands Easement Renewal and
Modification is $95. Project funds are available in Florida Boating Improvement Fund (303), Project
80404 (951 Boat Park Improvements).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
request.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality and requires majority vote for Board approval. -JAK
RECOMMENDATION: To approve and authorize the Chairman to execute an eight -year Sovereignty
Submerged Lands Easement Renewal and Modification with the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida at Collier Boulevard Boating Park.
Packet Pg. 742
16.D.2
03/09/2021
Prepared By: Melissa Hennig, Regional Manager, Parks and Recreation Division
ATTACHMENT(S)
1. Collier Blvd Boating Park Easement (Expired) (PDF)
2. Sovereignty Submerged Lands Easement Renewal - Collier Boulevard Boating Park (PDF)
Packet Pg. 743
16.D.2
03/09/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.13.2
Doe ID: 14862
Item Summary: Recommendation to approve and authorize the Chairman to sign an eight -year
Sovereignty Submerged Lands Easement Renewal and Modification with the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida at Collier Boulevard Boating Park with an
effective date of August 15, 2018.
Meeting Date: 03/09/2021
Prepared by:
Title: Operations Analyst — Parks & Recreation
Name: Matthew Catoe
01/27/2021 11:25 AM
Submitted by:
Title: Division Director - Parks & Recreation — Parks & Recreation
Name: Barry Williams
01/27/2021 11:25 AM
Approved By:
Review:
Parks & Recreation
Michael Cherbini
Additional Reviewer
Facilities Management
Toni Mott
Additional Reviewer
Facilities Management
Ayoub AI-bahou
Additional Reviewer
Public Services Department
Melissa Hennig
Additional Reviewer
Parks & Recreation
Barry Williams
Additional Reviewer
Parks & Recreation
Ilonka Washburn
Additional Reviewer
Operations & Veteran Services
Kimberley Grant
Additional Reviewer
Public Services Department
Todd Henry
Public Services Deapartment
Public Services Department
James C French
PSD Dept Head Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Budget and Management Office
Ed Finn
Additional Reviewer
Office of Management and Budget
Susan Usher
Additional Reviewer
County Manager's Office
Dan Rodriguez
Level 4 County Manager Review
Board of County Commissioners
MaryJo Brock
Meeting Pending
Completed
01/27/2021 11:35 AM
Completed
01/27/2021 12:55 PM
Completed
01/27/2021 2:30 PM
Completed
01/28/2021 9:08 AM
Completed
01/29/2021 11:49 AM
Completed
02/02/2021 7:11 AM
Completed
02/02/2021 11:57 AM
Completed
02/02/2021 12:18 PM
Completed
02/02/2021 3:37 PM
Completed
02/02/2021 4:17 PM
Completed
02/03/2021 8:21 AM
Completed
02/03/2021 10:17 AM
Completed
02/03/2021 12:53 PM
Completed
02/28/2021 5:32 PM
03/09/2021 9:00 AM
Packet Pg. 744
16. D.2.a
TFI Cover Sheet
DM ID
Document Type: Trustees of the Internal Improvement Trust Fund Instruments
Instrument: [ ]Deed [ ]Lease boEasement [ ]Permit [ ]Management Agreement
[ ]Use Agreement [ ]Disclaimer [ ]Quitclaim [ ]Dedication [ ]Release
[ ]Acts of Legislation [ ]Other
Instrument Number: 1410
Extension:
File Number: 5 / -�q
Document Date:1,3clao0c)
Consideration: or
Water Body: no,-m�e A 0-a ioa
Reservations / Reverter:
Submerged Land: (Y)✓ (N)
i
Original County: C-0I ,d (-
Section:
Township: 5 1
Range: (5 (V F
Total Area / Area Unit: �. (A) Acrea e (S) Square Feet
Comments: &-f
The information on this page was collected during the prep phase of scanning and is an aid for data
entry. Please refer to the document for actual information.
Packet Pg. 745
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This instrument Prepared By:
Taurean 1, Lewis
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
RICORDBD in OFYICIAI RECORDS of W11I11 COW, IL
05/03/2009 at 09,OgAR DR1GE 1, B10a, CLERI
Be 111 129.00
DOC•,10 .70
Retn,
BA P10P1171 11HAGIIIRT
IBTIROitIC11
ATTR;BARLBBI 911 8922
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS EASEMENT
NO, 41072 5q � I 11
BOT FILE NO. 11023300
PA NO. 11-0197753-003
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 desgibod as-Mawvs:
��/� cc�
A parcel �'�y
Townsh' ge 26 East in
Coro as is more particularly
and
TO HAVE THE USE OF the
the effective date of this easement.
1. USE OF PROPERTY: Th Ac described parcel of lard
manaroveplanting area, and Grantee sh "t ngage in any activity e;
Environmental Protection, Consolidated 'tiff' ental Resource Pem
incorporated herein and made a part of this by reference. All
this casement.
F TF Z
33.
anal,
0, ears from August 15, 2008.
em nt is granted are as follows:
d ly fora public boat ramp and
in the Stale of Florida Department of
F53-003 dated August 15. 2003.
subject to the remaining conditions of
2. RIGHTS GRANTED: The rights hereby shU bject 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.
3. 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.
4. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This casement 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.
5. 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. ,
6. INDEMNIFICATIONANVESTIGATION 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 patty 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. ,
7. 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 initialed and maintained only in Leon County, Florida.
8. 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.
This Conveyance tied Dy
The Board Of Coin
Commisek►nem
[401 Collier Coul Floridc,
Pumua t To Agenda
Date: fzL No: fb
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9. TERMINATION: The Grantee, by acceptance of this easement, binds itself, its successors and assigns, to abide C
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 O
forth or in the event the Grantee violates any of the provisions and conditions herein, this easement may be terminated by the m
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:
7
O
COLLIERCOUNTY, FLORIDA
Board ofCounty CommissionersG/o R.'I pl_l�r -may m
s_
3301 E. Tamiami Trail
Naples, FL 34112 p
U
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.
3
10. TAXES AND ASSESSMENT$: The Grantee shall assume all responsibility for liabilities that accrue to the d
C
subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind to
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.
O
it. RENEWAL PROVISIONS: Renewal of this easement is at the sole option of the Grantor. Such renewal shall be E
subject to the terms, conditions and provisions of this easement, current management standards, easement fees, and applicable rn
laws, rules and regulations in effect at that time. In the event that Grantee is in full compliance with the terms of this to
easement, the Grantee may apply in writing for a renewal. Such application for renewal must be received by Grantor no later to
than six months prior to the expiration date of this easement. The term of any renewal granted by the Grantor shall commence
on the last day of the previous easement term. If the Grantee fails to apply for a renewal, or in the event the Grantor does not C
grant a renewal, the Grantee shall vacate the easement premix d remove all structures and equipment occupying and M
J
erected thereon at its expense. ,1 R COO
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12. MOV L OF STRUC URE ST TIV F Grantee does not remove said structures
and equipment occupying and erected upo mises after expiration cr c fella 'on of this easement, such structures and d
equipment will be deemed forfeited to th G the-�tor ma author' re vat and may sell such forfeited E
structures and equipment after ten (10) ys 'tt by rti i it addre ed t the Grantee at the address specified in
Item 10 or at such address on record as A e r ev , such remedy shall be in addition to to
all other remedies available to Grantor de is e r la clu ing the right to compel removal of all >,
structures and the right to impose adm is v fine U T
13.ENFORCEMENT OF PR S: No fat ure, or s essive failu " the part ofthe Grantor to enforce any a)
provision, nor any waiver or successive v on its part of any prov n It rei ,shy operate as a discharge thereof or
render the same inoperative or impair the ' f the Grantor to cnforc a �Xp� any renewal thereof or in the event of O
subsequent breach or breaches.Cl)
14. RECORDATION OF EAS k� se, shall record this fully executed easement N
00
in its entirety in the public records ofthe county wit ' tt�PLtl e�site is located within fourteen (14) days after
receipt, and shall provide to the Grantor within ten (10) days lot owing the recordation a copy of the recorded easement in its r
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 i
provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted, Q
acknowledged and executed by the Grantee and Grantor. X
W
16, ACCE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Grantee shall obtain the U.S. Army Corps of Engineers (COE) permit if it is required by the COE. Any modifications to the tD
construction and/or activities authorized herein that may be required by the COE shall require consideration by and the prior E
written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged d
y
lands. M
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17, ADDITIONAL STRUCTURES OR ACTIVITIESTMERGENCY STRUCTURAL REPAIRS: No additional Y
structures shall be erected and/or activities undertaken, including but not limited to, dredging, relocationlrealignment or major M
repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior written a
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 O
undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as m
is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this easement.
m
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Easement No. 41072 C
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BOARD OF TRUSTEES OF THE KONAL +•' ' ;
""PRO MENTTRUSTFUNDO Ff'STATF�''
a +
OF FL A tsi c'
BY:
Jeff . Gen ,Operations d Mam nsuhint
Manager, Bureau of Public Land Administre�tiorbtYision
Division of State Lands, State of Florida`i�epaediltn4of t'
Envuonmcntal Pro=tiQNas agent for and on behalf of the Board t
of Trustees of the Internal Improvement Trust Fund of the Stil
of Florida
Prin ype Name f Witness
"GRANTOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this %w4-1 " day of Apr,I ^, 2001 _ by
He is pe¢ongtViorpwn to
Public,
1lf3hY , GrrKm
My CMmission DD72702
Expires 10 3MID11 _ _ _
Corn:�imn
�•
BY:
of Executing Authority
Kp{r 1 Fiala
Typed/Printed Nam"OQUIA Typeditnted Name of Executing Authority
.0 .
•ginal iSignatun
�cao..lw qn,
.e `� r'yldlar�..•.M.- r.�raffi Srovi•k,re
Typed/Printed Name of Witness
STATE OF 801i CAR
COUNTY OF Co t t l e4—
Chairman
Title of Executing Authority
"GRANTEE"
The foregoing instrument was acknowledged before me this I A day of OI"i . 20�
by Donna Fiala as Chairman for and on behalf of the Board ofCounty Commissioners o ollier Flori . He is /
personally known to me or who has produced as identification..
My Commission Expires:
Notary Public, fate of
Commissi
CAROLYN SUE FlLSON
Y MY COMMISSION A DO 748730
EXPIRES: Apol28, 2012
eu ab my mnPU* Wa.■ n
Page 4 of 15 Pages
Easement No. 110233065
Printed, Typed or Stamped Name
AP rm r as to form legal sufficiency
bounty Attorney
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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(57) Florida Administrative Code, to the
extent required by paragraph 18-21.004(3Xb), Florida Administrative Code, in order to conduct the activity described in this
easement. If at anytime during the term of this easement, Grantee fails to comply with this requirement, use of sovereignty,
subm^med lands described in this easement shall immediately cease and this easement shall terminate and title to this
east
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Easement No. 4107
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Page 14 of IS Pages
Eascment No. 41072
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Eascinem No.a1072
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This Instrument Prepared By:
Sue Jones
Action No. 42248
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
AND MODIFICATION TO INCREASE SQUARE FOOTAGE
BOT FILE NO. 110233065
EASEMENT NO. 41072
PA NO. 0197753-004-EI
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 sovereignty submerged lands as defined in 18-21.003, Florida Administrative Code, if any,
contained within the following legal description:
A parcel of sovereignty submerged land in Section 33
Township 51 South, Range 26 East, in Unnamed canal to Marco River,
Collier County, Florida, containing 46,130 as is more
particularly described and shown on Attachment A, dated February 13, 2020.
TO HAVE THE USE OF the hereinabove described premises from August 15, 2018, the effective date of this easement
renewal, through August 15, 2026. The terms and conditions on and for which this easement renewal is granted are as follows
1. USE OF PROPERTY: The above described parcel of land shall be used solely for public floating dock and access
boat ramp, and mangrove planting area in conjunction with an upland public boat trailer parking lot, and Grantee shall not
engage in any activity related to this use except as described in the State of Florida Department of Environmental Protection
Consolidated Environmental Resource Permit No. 11-0197753-003, dated August 15, 2008, and Consolidated Environmental
Resource Permit No. 0197753-004, dated May 15, 2020 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.
[40]
Packet Pg. 761
16.D.2.b
3. 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.
4. 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.
5. 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.
6. 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.
7. LIABILITYANVESTIGATION 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.
8. 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.
9. 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 the Grantee. If terminated, all of the above -described parcel of land shall revert to the Grantor.
Any costs or expenses incurred by the Grantor in removing the Grantee or its property from the easement area shall be paid by
the Grantee. All notices required to be given to the 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
Facilities Management Division
3335 Tamiami Trail E Ste 101
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.
10. 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.
11. 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 paragraph
9 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.
Page 2 of 11 Pages
Easement No. 41072
BOT File No. 110233065
Packet Pg. 762
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
Page 3 of 11 Pages
Easement No. 41072
BOT File No. 110233065
Packet Pg. 763
IN WITNESS WHEREOF, the Grantee and the Grantor have executed this instrument on the day and year first above written
WITNESSES:
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
Original Signature (SEAL)
BY:
Print/Type Name of Witness
Original Signature
Print/Type Name of Witness
STATE OF FLORIDA
COT INTY OF LF.ON
Brad Richardson, Chief, 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"
The foregoing instrument was acknowledged before me by means of physical presence this day of
20_, by Brad Richardson, Chief, 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 SUBJECT TO PROPER EXECUTION:
12/11/2020 Notary Public, State of Florida
DEP Attorney Date
Printed, Typed or Stamped Name
My Commission Expires:
Commission/Serial No.
Page 4 of 11 Pages
Easement No. 41072
BOT File No. 1 ] 0233065
Packet Pg. 764
16.D.2.b
WITNESSES:
Original Signature
Typed/Printed Name of Witness
ATTEST:
BY:
Original Signature
Typed/Printed Name Clerk
STATE OF_
COUNTY OF
Collier County, Florida
(SEAL) c
By its Board of County Commissioners
M
BY:
'
Original Signature of Executing Authority
L
E
Penny Taylor
Typed/Printed Name of Executing Authority
to
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Chairman
T
Title of Executing Authority
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"GRANTEE"
The foregoing instrument was acknowledged before me by means of _ physical presence or _online notarization this
day of , 20, by Penny Taylor as Chairman, for and on behalf of the Board of County
Commissioner of Collier County, Florida . He/she is personally known to me or has produced , as
identification.
My Commission Expires:
Commission/Serial No.
Page 5 of 11 Pages
Easement No. 41072
BOT File No. 110233065
Signature of Notary Public
Notary Public, State of
Printed, Typed or Stamped Name
I legality:
Jeffrey A.1(latzko*, County Attorney
Packet Pg. 765
COLLIER BOULEVARD BOATING PARK
SKETCH AND DESCRIPTION
COLLIER COUNTY, FLORIDA
INDEX TO SHEETS
PROJECT LOCATION MAP, LEGEND, CERTIFICATION
2-5 SKETCH PLAN VIEWS
6 SURVEY NOTES LEGAL DESCRIPTION
-'— JACKSONVILLE
TALLAHASSEE
ORLANDO
�TAMPA A RAN nC
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�,NAPLES 1
MIAMI
PROJECT
LOCATION t'
Attachment A
Page 6 of 11 Pages
Easement No. 41072
LEGEND & ABBREVIATIONS:
CERTIFICATION: BOT File No. 110233065
C.O.A.
CERTIFICATE OF AUTHORIZATION
COMM
COMMISSION
I HEREBY CERTIFY THAT THE ATTACHED
FAC
FLORIDA ADMINISTRATIVE CODE
SKETCH AND DESCRIPTION OF THE
FDEP
FLORIDA DEPARTMENT OF ENVIRONMENTAL
DESCRIBED PUBLIC EASEMENT IS TRUE
PROTECTION
AND CORRECT TO THE BEST OF MY
FL.
FLORIDA
KNOWLEDGE AND BELIEF AS DELINEATED
INC.
INCORPORATED
NAD
NORTH AMERICAN DATUM
UNDER MY DIRECTION. I FURTHER
NAVD
NORTH AMERICAN VERTICAL DATUM
CERTIFY THAT THIS SKETCH OF
PH.
PHONE
DESCRIPTION MEETS THE STANDARDS OF
US
UNITED STATES
PRACTICE S LES 5J-17.050
SECOND ORDER MONUMENT
BY THE
THRU 5J- it
PROPOSE DOCK AND RAMP
FLORID NAL
PROPOSED EASEMENT
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MATCH LINE SHEET 3
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POINT OF COMMENCEMENT
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ti 40.1'
I �90
S560 50' 27"W
32.0'1
S670 15' 27W
14.7'
POINT OF BEGINNING
N 598369.98
E 424794.18
Attachment A
DESCRIPTION
AODFO AC4RpYDAA-F NI All HICIt
page 7 of I 1 Pages
NAIL- OfIf TO SY.LFC1/ -
ADDED VFAN IIICM WATtk LIEF
Easement No. 41072
hEF L(k 1i C[ TO If.iAE UE Sflil:l Oar �,,—
BOT File No. 110233065
ADDED NOTE 10.
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16.7'
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132.7'
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Attachment A
REVISIONS
by ESCRIPMON Page 8 of I 1 Pages
_ :_-�EUAP?RIIX,NATE ILE9LV �� Easement No. 41072
ALM _BOT File No. 110233065
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Attachment A
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! Easement No. 41072
BOT Easement No. 110233065 S230 45' 26"E_ 25.6'
35.2'
REVISIONS
DESCRIPTION
1. M-LiMAPPROYIMATI MAli IIIG/1 5200 34' 32"W WATER IITIE TO SYFTCH.
2. AODEO PE.AN HIGH WATER ONE _ 38. 3' `
REFLRENCE T LEG4! DESCRIPTION.
). AMIFO NOTF III_
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"D-TIDAL"
N 591727.2 N700 00' �5"W
E 417229.7 5.5
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163.4'
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I REVISIONS Attachment A
DATE !Y _DESCRIPTION Page 10 of 11 Pages
2 Q1.6_ MBL _ 1_ADDFO AMOXIMATE MEAN 111:.11___
WAILM LI L TO SKETCH Easement No. 41072
— 7, AODFn "FA" HIGH WATFQ i 1"' BOT File No. 110233065
U L 'R L AT LLVIL UL5CRIFI ION.
2. ADDED ROTE 10.
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LEGAL DESCRIPTION:
A PARCEL OF SUBMERGED LAND ADJOINING THE
APPROXIMATE MEAN HIGH WATER LINE IN TOWNSHIP
51S RANGE 26E SECTION 33 IN COLLIER COUNTY,
FLORIDA. COMMENCING AT FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION CONTROL MONUMENT
"A-25-2 1987" WITH COORDINATES OF N: 585065.1 E:
413941.2 IN THE FLORIDA STATE PLANE COORDINATE
SYSTEM, EAST ZONE RELATIVE TO THE NORTH AMERICAN
DATUM OF 1987, THENCE 39° 12' 18" E (BEARINGS ARE
BASED ON THE AFOREMENTIONED GRID DEMONSTRATED
BY BEARING OF S 26° 16' 18" W BETWEEN MONUMENT
"A-25-2 1987" AND "D-TIDAL") A DISTANCE OF 17170.0'
TO THE POINT OF BEGINNING WITH COORDINATES OF
N:598369.98, E:424794.18.
THENCE S 70' 00' 35" E A DISTANCE OF 54.9'
THENCE N 19* 59' 25" E FOR A DISTANCE OF 791.0'
THENCE 5 69" 49' S9" E FOR A DISTANCE OF 15.0'
THENCE N 19° 59' 25" E FOR A DISTANCE OF 901.9'
THENCE N 70" 00' 35" W FOR A DISTANCE OF 65.5'
THE FOLLOWING COURSES RUN ALONG THE MEAN HIGH
WATERLINE:
THENCE S 22' 57' 56" E FOR A DISTANCE OF 26.7'
THENCE S 43° 01' 35" E FOR A DISTANCE OF 29.4'
THENCE S 17° 30' 30" W FOR A DISTANCE OF 38.4'
THENCE S 28° 06' 57" W FOR A DISTANCE OF 163.4'
THENCE S 16" 13' 57" W FOR A DISTANCE OF 219.6'
THENCE S 20° 43' 07" W FOR A DISTANCE OF 276.8'
THENCE S 67° 37' 56" E FOR A DISTANCE OF 16.4'
THENCE S 16° 47' 01" W FOR A DISTANCE OF 20.1'
THENCE S 65' 26' 11" W FOR A DISTANCE OF 59.8'
THENCE S 23' 45' 26" E FOR A DISTANCE 35.2'
THENCE N 64° 59' 00" E FOR A DISTANCE OF 25.6'
THENCE S 20° 34' 32" W FOR A DISTANCE OF 38.3'
THENCE S 21° 32' 53" W FOR A DISTANCE OF 44.4'
THENCE N 70° 18' 33" W FOR A DISTANCE OF 16.7'
THENCE S 39° 30' 22" W FOR A DISTANCE OF 14.1'
THENCE S 20° 16' 26" W FOR A DISTANCE OF 132.7'
THENCE S 19' 11' 45" W FOR A DISTANCE OF 75.6'
THENCE S 26° 48' 49" W FOR A DISTANCE OF 45.3'
THENCE S 18° 29' 07" W FOR A DISTANCE OF 266.3'
THENCE S 19° 40' 12" W FOR A DISTANCE OF 203.0'
THENCE 5 28" 06' 40" W FOR A DISTANCE OF 40.1'
THENCE S 56° 50' 27" W FOR A DISTANCE OF 32.0'
THENCE S 67° 15' 27" W FOR A DISTANCE OF 14.7' TO
THE POINT OF BEGINNING.
EASEMENT CONTAINS 46,130 SQUARE FEET (1.06 ACRES)
MORE OR LESS.
Attachment A
Zd
Page I I of I I Pages
Easement No. 41072
BOT Easement No. 110233065
NOTES:
1. THIS IS NOT A FIELD SURVEY; THIS SKETCH IS
TO ACCOMPANY LEGAL DESCRIPTION ONLY.
2. LANDS SHOWN HEREON WERE NOT
ABSTRACTED FOR EASEMENTS OWNERSHIP,
OR RIGHTS -OF -WAY.
3. THE COORDINATES, DISTANCES AND BEARINGS
SHOWN HEREON ARE BASED ON THE FLORIDA
STATE PLANE COORDINATE SYSTEM,EAST
ZONE, NORTH AMERICAN DATUM 1983190,
MERCATOR PROJECTION (NAD83/90), SHOWN IN
US SURVEY FEET.
4. EXISTING UTILITIES, IMPROVEMENTS, CABLES,
PIPELINES, ETC. HAVE NOT BEEN LOCATED.
5. THIS SURVEY IS NOT VALID WITHOUT THE
SIGNATURE AND ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
6. THIS SKETCH AND LEGAL DESCRIPTION ARE
NOT FULL AND COMPLETE WITHOUT THE
OTHER.
7. ADDITIONS OR DELETIONS TO THIS SKETCH
AND DESCRIPTION BY OTHER THAN THE
SIGNING PARTY IS PROHIBITED WITHOUT
WRITTEN CONSENT OF THE SIGNING PARTY.
8. SURVEY TIE LINES, BASIS OF BEARING AND
POINT OF COMMENCEMENT TO POINT OF
BEGINNING ARE BROKEN LINES AND ARE NOT
TO SCALE.
9. THIS SKETCH AND DESCRIPTION IS DESIGNED
TO FOLLOW STATE LANDS EASEMENT
REQUIREMENTS 0960.
10. MEAN HIGH WATER LINE SHOW ON SKETCH IS
NOT INTENDED TO BE THE LEGAL BOUNDARY
BETWEEN PRIVATE AND STATE OWNERSHIP.
12/5/19 =
E
ML �
COMM NO..
636236701 Q
Packet Pg. 771