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Resolution 1996-152 MAR 2 6 1996 RESOLUTION NO. 96--.-UL RESOLUTION BY TIIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REQUESTING AN EASEMENT FOR ACCESS PURPOSES FROM TIIE BOARD OF TRUSTEES OF TIIE INTERNAL IMPROVEMENT TRUST FUND OF TIIE STATE OF FLORIDA. WHEREAS, Collier County is de:;irous of obtaining the easement described in Exhibit "A", ....,"cd hereto and incorporated herein by reference, to aid in the Collier County Beach Renourishment Project by providing access to maintenance crews as needed; and WHEREAS, the easement will become a public beach access to provide Collier County resident. adequate access to their Oeaches. NOW, TIIEREFORE, BE IT RESOL VEO BY TIIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County CommissioneJ'l, as a requirement of an Easement Application from the State of Florida, does hereby formally request an easement for access puIJlO$CS from The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. 2. Attached as Exhibit "B" is a draft copy of the standard easement form used by the Department of Envirorunental Protection, which may be modified to meet project requirements. 3. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby requesting said easement from The Board of Trustees of the Internal Improvemenr Trust Fund of the State of Florida. This Resolution adopted this ~ day 0~96, after motion, second and majority. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA .." . ","".~ . , { "f, ~~~ "'" .. . ." " .' :- AlTEST: , . -'. . , . .: ;. Dwight E. Brock, Cle~ . ~.:/(,~~."~'r '_:~ Q('~ . " L. CJerk' ,.. .~ " "'~ /. . . ... -' .,.-' ",J. " " . . ~" " " , "." \ ' . . ..' , Approved as to legal form and wfficiency: 1,kr!1.j AY1~ Heidi F. Ashton Assistant County Attorney MO~ 000 PI,S 167 HAR26mi EJIgll-i . Sclenlllts . s...voyo<s . PIonners . Approisers . PROPOSED 20' WIDE ACCESS EASEMENT DESCRIPTION A twenty (20) foot wide strip of land lying in the south half of Section 20, Township 48 South, Range 25 East Collier County, Florida being described as follows: Co=encing at the northeast corner of Lot 6, Block "A" of Baker-Carroll Point Unit No. 2 a subdivision recorded in Plat Book 8, Page 92 of the Public ReCGrds of Collier County, Florida run N89"51'17"W along the northerly line of said Lot 6 for 217.29 feet; thence continue along the boundary of said Lot 6 Nl4048'I7"W 41.40 feet to the northerly line of said Baker-Carroll Point Unit No.2 subdivision and the POINT OF BEGINNING; thence along said northerly line N89051'17"W 264.41 feet to an existing concrete monument; thence continue N89"51'17"W 86.00 feet to the Mean High Water line of the Gulf of Mexico, said point being referred to herein as Point "A"; thence return to the POINT OF BEGINNING and run N14048'17"W 20.70 feet to an intersection with a line 20.00 feet north of and parallel with the south line of said Section 20; thence along said line N89051'17"W 350.00 feet more or less to said Mean High Water Line of the Gulf of Mexico; thence southeasterly along said Mean High Water Line to said point referred herein as Point "A". The above describes an area of approximately 3,505 square feet of land based upon the location of the Mean High Water Line of the Gulf of Mexico on October 5, 1995. Subject to easements, restrictions and reservations of record. COASTAL ENGINEERING CONSULTANTS, INC. 3106 soum HORSESHOE DRIVE NAPLES, FLORIDA 33942 (941) 643-2324 H/' nQ c.: ' Richard J. Ewing, V.P. (' Professional Surveyor and Mapper Florida Certificate No. 5295 NOT VALID UNLESS SIGNED:." NOT VALID UNLESS SEALED WTPf THE EMBOSSED SEAL OF THE SURVEYOR C.E.C. FILE NO. 95.100 DATE: .I-/~-9c. . , -. . ,. " ," ..' &OOK 000 W.! IuS Exhibit "A" 3106 S. HORSESHOE DR. . NAPLES. FLORIDA 33942. (941) 643-2324 . FAX (941) 643-1143 t..,.: :-:" . < '.11 . :1 ;l~ ;:~)~ .".;t "1 ",', - 'J :! '\!~ 0;.'", 'j; 't, '. " i J~ Im1wwI Ji , .f d~~Jffll fa I Ii i~l~i~~[~!.. Dr , i! f~!:!;!ir~l! ~~ I j: fii~'~I{tli i.j , :i ri'lJl.,'-ll 1"' I r. · ...,"",( [ f * i-~"~ . ., ~Iml i~ I .1 ifJLirf~r[ fll~ ,I 5. <<fl r. 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I OAE8101 DRAFT MAR 28 Il96 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA EASEMENT Easement No. THIS INDENTURE, made and entered'into this day of , 19____, between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, acting pursuant to ita authority set forth in Section 253.03,. Florida Statutes, hereinafter referred to as "GRANTOR", and "GRANTEE". I hereinafter referred to as WHEREAS, GRANTOR is the owner of the hereinafter described real property, which is managed by the State of Florida Department of under Lease No. ; and WHEREAS, 'GRANTEE desires an easement across the hereinafter described real property for the construction and maintenance ot a i and WHEREAS, the managing agency has agreed to the proposed use of this land under this instrument. NOW THEREFORE, GRANTOR, tor and in consideration of mutual covenants and agreements hereinafter contained, has granted, and by these presents does grant, a non-exclusive easement unto GRANTEE over and across the following described real property in County, Florida, to-wit: (See Exhibit "An Attached) subject to the following teru.s and conditions: 1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and obligations herein shall be exercised by the Division of state Lands, Department of Environmental Protection. 2. ~: The term of this easement shall be for a period of tifty (50) years commencing on and ending on unless sooner terminated pursuant to the provisions of this easement. aODK 000 PlGd70 ....' \- \,\- " 0" CJ<.\.-.- 9'~:J" \ ,So 'l Page 1 of 7 Easement No. , MAR 2 6 1996 3. USE OF PROPERTY AND UNDUE WASTE: This easement ehall be limited to the construction and maintenance o! a upon and across the property described in Exhibit "A" during the term ot this easement. This easement shall be non-e~clusive. GRANTOR, retains the right to engage in any activities on, over, across or below the easement area which do not unreasonably interfere with GRANTEE'S exercise ot this easement and further retains the right to grant compatible Uses to third parties during the term o! this easement. GRANTEE shall dispose or, to the satis!action o! GRANTOR, all brush and refUse resulting from the clearing ot the land tor the Uses authorized hereunder. I! timber is removed in connection with clearing this easement, the net proceeds derived !rom the sale o! such timber shall accrue to GRANTOR. GRANTEE shall take all reasonable precautions to control soil erosion and to prevent any other degradation of the real property described in Exhibit "A" during the term ot this easement. GRANTEE shall not remOVe water trom any source on this easement inClUding, but not limited to, a water course, reservoir, spring, or well, without the prior written approval of GRANTOR. GRANTEE shall clear, remove and piCk up all debris inclUding, but not limited to, containers, papers, discarded tools and trash foreign to the vork locations and dispose of the same in a satisfactory manner as to leave the work locations clean and free of any such debris. GRANTEE shall not dispose o! any contaminants inClUding, but not limited to, hazardous or toxic SUbstances, chemicals or other agents produced or used in GRANTEE'S operations, on this easement or on any adjacent state land or in any manner not permitted by law. Upon termination or expiration of this easement GRANTEE shall restore the lands over which this easement is granted to SUbstantially the same condition as existed on the effectivB data of this easement. GRANTEE agrees that upon termination of this easement all authorization granted hereunder shall cease and terminate. lOOK 000 Pl;J71 L."l.\,Xo' "'-"z\ ~) '-'\ l Page 2 o! 7 Easement No. I. , -1-'1 MAR 2 6 1996 If the lands described in Exhibit "A" are under lease to another agency, GRANTEE shall obtain the consent of such agency prior to engaging in any Use of the real property authorized herein. 4. ASSIGNMENT: This easement shall not be assigned in whole or in part without the prior written consent of GRANTOR. Any assignment made either in whole or in part without the prior written consent of GRANTOR shall be void and without legal effect. 5. RIGHT OF INSPECTION: GRANTOR or its duly authorized agents, representatives or employees shall have the right at any and all times to inspect this easement and the works of GRANTEE in any matter pertaining to this easement. 6. NON-DISCRrMINATION: GRANTEE shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicaps, or marital status with respect to any activity occurring within this easement or upon lands adjacent to and used as an adjunct or this easement. 7. LIABILITY: Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions or 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. COMPLIANCE WITH LAWS: GRANTEE agrees that this easement is contingent upon and subject to GRANTEE obtaining all applic&ble permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the state ot Florida or the United States or of any political SUbdivision or agency of either. 9. ARCHAEOLOGICAL AND HISTORIC SITES: Execution ot this easement in no way affects any of the parties' Obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sitss on state-owned lands is prohibited unless prior authorization has IOOl 000 PME 172 \ (' \. \'1 I'~/ L.-Yo..... b.. ~~0e.. -~",-, Page J of 7 Easement No. . ':.""'1.,' (..' , ;.._,,;:.~~~:~;~~t;<\ ' MAR 2 6 1196 been obtained from the Department of state, Division of Historical Resources. 10. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the lands underlying this easement is held'by GRANTOR. GRANTEE shall not do or permit anything to be done which purports to create a lien or encumbrance ot any nature against the real property of GRANTOR including, but not limited to, mortgages or construction liens against the real property described in Exhibit A or against any interest ot GRANTOR therein. 11a PARTIAL INVALIDITY: It any term, covenant, condition or provision at. this easement shall be ruled by a court ot competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 12. SOVEREIGNTY SUBMERGED LANDS: This easement does not authorize the use ot any lands located waterward at the mean or . ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space thereabove. 13. DUPLICATE ORIGINALS: This easement is executed in duplicate originals each of which shall be considered an original for all purposes. 14. ENTIRE UNDERSTANDING: This easement sets forth the entire understanding between the parties and shall only be amended with the prior written approval of GRANTOR. 15. ~: Time is expressly declared to be of the essence at this easement. 16. RIGHT OF AUDIT: GRANTEE shall make available to GRANTOR all financial and other records relating to this easement and GRANTOR shall have the right to audit such records at any reasonable time during the term of this easement. This right shall be continuous until this easement expires or is terminated. This easement may be terminated by GRANTOR should GRANTEE fail to allow pUblic access to all documents, papers, letters or other materials made or received in conjunction'with this easement, pursuant to Chapter 119, Florida Statutes. lOOK 00011'.,173 Page 4 of 7 Easement No a . [,.l\; \ "~" 9c,::r '-I ~\ J "; MAR 2 8 1996 17. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume full responsibility for and shall pay all liabilities that accrue to the easement area or to the improvements thereon including any and all drainage and special assessments or taxes ot every kind and all mechanic's or materialman's liens which may be hereafter lawtully assessed and levied against this easement. lB. AUTOMATIC REVERSION: This easement is SUbject to an automatic termination and r~version to GRANTOR when, in the opinion ot GRANTOR, this easement is not used tor the purposes outlined herein, and any costs or expenses arising out ot the implementation of this clause shall be borne completely, wholly and entirely by GRANTEE, including attorneys fees. 19. GOVERNING LAW: This easement shall be governed by and interpreted according to the laws of the state of Florida. 20. SECTION CAPTIONS: ArtiCles, subsections and other captions contained in this easement are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this easement or any provisions thereof. 21. SPECIAL CONDITIONS: The following special conditions shall apply to this easement. IN WITNESS WHEREOF, the parties have caused this easement to be executed the day and year first above written. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Witness Print/Type witness Name By: (SEAL) GLORIA C. NELSON, PLANNING MANAGER, BUREAU OF LAND MANAGEMENT SERVICES, DIVISON OF STATE LANDS, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Witness Print/Type witness Name "GRANTOR" IDOl 000 P'GE 174 Page 5 or 7 Easement No. [r-\..~'\ "~" \Y>':,( ,,"y}:. 'l :':'..' .~" STATE OF FLORIDA COtlNTlr OF LEON MAR 2 6 1995 ~~. The foreqoinq instrument was aCknowledqed before me this day of . 19 ,by Gloria C. Nelson, Planninq Manaqer. Bureau of Land Manaqement Services, DiVision of State LAnds, Florida Department of Environmental Protection. actinq as an agent on behalf ot the Board ot Trustees ot the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. . .:ti~:'. ;--::~:' ("'~1' ;~' ..Jr.. ;,J~~ ."Vill :!W' 'fl" ,; ,. (SEAL) Notary PUblic, State of Florida Print/Type Notary Name Commission NUmber: Commission Expires: Approved as to Form and Leqality By: DEP Attorney BOARD OF COUNTY COMMISSIONERS OF COUNTY, FLORIDA Witness Print/Type Witness Name By: (SEAL) Its: Witne.. Printed or Typed Name STATE OF COUNTy OF "GRANTEEII The foreqoinq _ day of AS of lUll or produced instrument was acknowledged before me this , 19 by I ~oard of county Commissioners County, Florida. He/She is personally known to as identification, (SEAL) Notary PUblic. State of Florida Print/Type Notary Name Commission Hum.ber zl. Commission Expires: lOOK 000 "~, 175 paqe 6 of 7 Easement No. . \ \ """," z \ . u .--:..:.~/ (, ,.~ l \; " ~ <'::,$!};~~\;,~.:"' Page 7 or 7 Easement No. EXHIBIT "A" LEGAL DESCRrPTION OF THE EASEMENT aOOK 000 PAr.l176 [)~ ~\ ']') ?~~ I" MAR 2 6 1900