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Gordon River/Golden Gate Canal Sovereignty Submerged Lands Easement INSTR 4746040 OR 4840 PG 3704 This Instrument Prepared By: RECORDED 10/1/2012 12:52 PM PAGES 7 Tina Brown DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Recurring Revenue Section COLLIER COUNTY FLORIDA Bureau of Public Land Administration DOC @.70$0.70 REC$61.00 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.41498 HOT FILE NO.110236635 PA NO.110617-17 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 34 and 27 , Township 49 South,Range 25 East,in Gordon River and Golden Gate Canal, Collier County,as is more particularly described and shown on Attachment A,dated June 14,2011. TO HAVE THE USE OF the hereinabove described premises for a period of 50 years from June 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 two pedestrian bridges and Grantee shall not engage in any activity except as described in the South Florida Water Management District Environmental Resource Permit No. 11-03344-P,dated June 11,2012,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. 1 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. [40] 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,Florida 3299 Tamiami Trail East,Suite 303 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. 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. 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(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 2 of 7 Pages Easement No.41498 WITNESS S: BOARD OF TRUSTEES OF THE INTERNAL / • IMPROVEMENT TRUST FUND OF THE STATE• AL/ . .a OF FL•• DA tit, Original Signature ♦ — -- ' • i (SEAL,) I C� Y(.t BY . I I rig +� ire of ite. Je 1p Gen„ ,I• .tions and Management Cpnsult rt •.Il n • Manager,Bureau of Public Land Administration,Divisidti •"' __.,___,_-___, of State Lands,State of Florida Department of Environmental II gi al Sign: I Protection,as agent for and on behalf of the Board-bf.'rrustees of • - 10, r , P the Internal Improvement Trust Fund of the State of Fldgfda ,` Print/Type N. of Witness "GRANTOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of LIU- ,20i,.,uy Jeffery M.Gentry,Operations and Management Consultant Manager.Bureau of Public L d Administration,Division of State Lands, State of Florida Department of Environmental Protection. •- agent for and on behalf of the Board of Trustees of the Internal Im.r.ve -nt Trust Fund of the State of Florida. He is ,-rson.I + •wn to me. APPRO 7� •• ••. 'O Fri•• . .•,10,1 •LI NI'41 . . AL/ •.'...� , 4. Ai /a A4 N. • Public,S..to of Florida �I DEP A Fey ' ' r Printed,Typed or S 4,,. . ., Notary Publk state of Florida My Co •iss''' ' 1.•es:KathyCGriffin : . ply Commission gE1413787 112712016 Commissi• o DATED AS TO GRANTEE: ATTEST %�� DW T E.BROCK,CLERK> BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA s'PIJT,Y CLERK hest as t0.., Cria it att -11 A' u ,: .,r t By .F..-.....D...W.....COYLE,Chairman • :A F D W.COYLE,Chairman Approved•as4VJFA • • •e_• i tciency: fillBy: • (� Print: t r•1a � ti Title: ttorney i STATE OF•t . • .. 4 COUNTY OF Coi U iel- The foregoing instrument was acknowledged before me this 10 day of 0-einirle ,20 la ,by Fred W.Coyle as Chairman,for and on behalf of the Board of County Commissio rs of Collier County,Flori... He is personally known to me or who has produced ,as i 'fi ion., /I My Commission Expires: Notary Public,S to of t2 t D --- Cotnmission/Serial No. Printed,Typed or Stamped Name Page 3 of 7 Pages IAN MITCHELL Easement No.41498 _.Y NOTARY PUBLIC �`o- STATE OF FLORIDA ''r�"L a.' Camm*EE210060 Expires 7/29/2016 Legal Description (Public Easement,Submerged Land) Being a 20-foot wide strip of submerged land that is lying within the limits of the Golden Gate Canal/ Gordon River,Section 34,Township 49 South,Range 25 East,Collier County,Florida and which is more particularly described as follows: Commencing at a 4"x 4"concrete monument(having a grid coordinate value of North(y)667,378.51 and East(x)399,308.46)that is marking the northeast corner of the above referenced Section 34; thence South 01°25' 16"West,a distance of 2697.53 feet to the intersection of the mean high water line (elevation 0.5 feet(NAVD 88))that is located along the easterly bank of the Golden Gate Canal/ Gordon River. Said intersection is the Point of Beginning(having a grid coordinate value of North(y) 664,681.81 and East(x)399,241.56)of a 20-foot wide strip of submerged land that is lying 10.00 feet on each side of the following described line;thence North 34°07'54"West, 159.59 feet to the intersection of the mean high water line(elevation 0.50 feet(NAVD))along the westerly bank of said Golden Gate Canal/Gordon River and which intersection is the Point of Terminus (having a grid coordinate value of North(y)664,813.91 and East(x)399,152.01). Containing 3,192 square feet or 0.07 acre,more or less. Bearings and grid coordinates mentioned in this Legal Description are based upon the Florida State Plane Coordinate System,NAD 83(North American Datum, 1983,Adjustment of 2007),Florida East Zone. The source of horizontal and vertical control was the National Geodetic Survey(NGS)control point "Z 243 Reset"(PID AD8328). "Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper." Prepared by: • American Bi gineOring Consultants of Marco Island,Inc.LB7419 a aVe c / T.Alan Neal,PLS Date of Signing Professional,Land•SurveyOr State of F1or da'R g.;.154656 SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH OF DESCRIPTION GOLDEN GATE CANAL/GORDON RIVER PUBLIC ESMT. SECTION 34,TOWNSHIP 49 SOUTH. RANGE 25 EAST AMERICAN ENGINEERING CONSULTANTS N0TE': SEE.:SHE�yE`I':2:O>*. 2''FOR: or MARCO ISLAND.INC. SKETCH•00.:DESCRIPTI07�•: : : CERTIFICATE OF AUTHORIZATION: #26446, LB# 7419 (. • : • , • , ' • 573 BALD EAGLE DR. MARCO ISLAND, FL. 34145 (239) 394-1697 (FAX) 394-7571 SCALE DATE : JOB NUMBER • NOT TO SCALE 6-8-2011 10620-003-03 Attachment A Page 4 of 7 Pages Easement No.41498 I 4 27 28 1Zi317 6 p''' (POOR!CORNER OF II N:664813.91 v'•' SECTION 34 E:399152.01 LIMITS OF FND 4"X4"CM• " VEGETATION N:667378.51 at.• � \ E:399308.46 w a.,fi'q)5 -W 1d �`J 0P X I a GA O�O I. o0 ,a y,b la 0I� S]$ • 0 LLc� 40 •� NIA — r P4 • 31'4 4. NI SCALE: 1" = 40' ��ce�P� \,Si9 I I FA NO a G <S\ P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT n P.O.T. = POINT OF TERMINUS CM =Sketch of Description 1 C5°s& MHWL CO MEAN THIGH MONUMENT WATER LINE Scale l =�()� �v(_SaO / MLWL = MEAN LOW WATER LINE 5 6V Note:This sketch is based on field measurements. �. . �, LIMITS OF e VEGETATION NED • J N:664681.81 i,• E:399241.56 Surveyor's Notes 1.All horizontal and vertical dimensions are in feet and decimals thereof. 2.The hereon Legal Description and Sketch of Description was prepared without the benefit of an abstract of title or title opinion;therefore it is subject to any easements,encumbrances,reservations, restrictions,right-of-ways,use,and other matters of title that may be found by a complete abstract of title opinion. 3.The hereon Legal Description and Sketch of Description are subject to any underground or not visible improvements. 4.Underground improvements,if any,have not been located. 5.Portions of the property described hereon maybe subject to the jurisdiction and restrictions of governmental agencies.The proper agencies should be contacted for the latest information prior to the use of the property. 6.The hereon Legal Description and Sketch of Description does not reflect or determine ownership. SHEET 2 OF 2 THIS IS:;A,$KETCH;OF Do' cmPTION. SKETCH OF DESCRIPTION GOLDEN GATE CANAL/GORDON RIVER PUBLIC ESMT. . 'ONLY,: NOT l0. BOUNDARY SURVEY SECTION 34,TOWNSHIP 49 SOUTH,RANGE 25 EAST AMERICAN ENGINEERING CONSULTANTS 0s MARCO ISLAND.INC. :NOTE. $EE.SHEET. 1: OIL FOR CERTIFICATE OF AUTHORIZATION: #26446, LB# 7419 LEGAL,DESC TION). 573 BALD EAGLE OR MARCO ISLAND, FL. 34145 (239) 394-1697 (FAX)394-7571• SCALE : 1 DATE : I JOB NUMBER : 1"=40' 6-8-2011 10620-003-03 Attachment A Page 5 of 7 Pages Easement No.41.498 Legal Description (Public Easement,Submerged Land) Being a 22-foot wide strip of submerged land that is lying within the limits of the Gordon River,Section 27,Township 49 South,Range 25 East,Collier County,Florida and which is more particularly described as follows: Commencing at a 4"x 4"concrete monument(having a grid coordinate value of North(y)667,378.51 and East(x)399,308.46)that is marking the southeast corner of the above referenced Section 27; thence North 83°58'26"West,a distance of 1101.60 feet to the intersection of the mean high water line (elevation 0.50 feet(NAVD 88))that is located along the easterly bank of the Gordon River.Said intersection is the Point of Beginning(having a grid coordinate value of North(y)667,494.16 and East (x)398,212.95)of a 22-foot wide strip of submerged land that is lying 11.00 feet on each side of the following described line;thence North 90°00'00"West,80.67 feet to the intersection of the mean high water line(elevation 0.50 feet(NAVD))along the westerly bank of said Gordon River and which intersection is the Point of Terminus(having a grid coordinate value of North(y)667,494.16 and East (x)398,132.28). Containing 1,778 square feet or 0.04 acre,more or less. Bearings and grid coordinates mentioned in this Legal Description are based upon the Florida State Plane Coordinate System,NAD 83(North American Datum, 1983,Adjustment of 2007),Florida East Zone. The source of horizontal and vertical control was the National Geodetic Survey(NGS)control point "Z 243 Reset"(PID AD8328). "Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper." Prepared b :, ,. ; . American Engineering. Consultants of Marco Island,Inc.LB7419 ''' v T.Alan Neal,PLS Date of Signing Professional Laud Surveyor. State of Florida Reg.:LS4656 SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH OF DESCRIPTION GORDON RIVER PUBLIC ESMT. SECTION 27,TOWNSHIP 49 SOUTH, RANGE 25 EAST AMERICAN ENGINEERING CONSULTANTS NQTEi.:SEE',SHEET 2:O 2 FOR : of MARCO MAN%INC. �y cH D ^ ON CERTIFICATE OF AUTHORIZATION: #26446, LB# 7419•.S11ETV•••OF... . . IPT�VI!�• : :•: 573 BALD EAGLE DR. MARCO ISLAND, FL. 34145 (239)394-1697 (FAX) 394-7571• SCALE DATE : JOB NUMBER : NOT TO SCALE] 6-8-2011 10620-003-03 Attachment A Page 6 of 7 Pages Easement No.41498 i IA Y2 I 14 000 LEGEND m o • :m 6 P.0.8. = POINT OF BEGINNING n c� I I li�' P.O.C. = POINT OF COMMENCEMENT w N�RX;.iiMe P.O.T. - POINT OF TERMINUS <s IS'� �N�'3 CM - CONCRETE MONUMENT -+�" wv o ai i W e i MHWL - MEAN HIGH WATER LINE MLWL = MEAN LOW WATER LINE Wni j ∎ro OF j m 6d I 1 i i a9 • s "" W 7�i n'i/ © 0 WV 40 SE CORNER OF MI EE SEC110N 27 I� NE N9(7O'4Q��I/ i FND 4"X4'C SCALE: 1' - 40' N:667378.51 80.67' -' -�1.,_ 1161.60 E:399308.46 N:6874 , N 94.16 N83'58726"W —— _ —27 28 6 398732.28 Z F • E:398212.95 ! C 4 ! 34 33 CC I 0 =5 1 I I Sketch of Description Scale 1"=40' Note:This sketch is based on field measurements. Surveyor's Notes 1.All horizontal and vertical dimensions are in feet and decimals thereof. 2.The hereon Legal Description and Sketch of Description was prepared without the benefit of an abstract of title or title opinion;therefore it is subject to any easements,encumbrances,reservations, restrictions,right-of-ways,use,and other matters of title that may be found by a complete abstract of title opinion. 3.The hereon Legal Description and Sketch of Description are subject to any undeigiound or not visible improvements. 4.Underground improvements,if any,have not been located. 5.Portions of the property described hereon maybe subject to the jurisdiction and restrictions of governmental agencies.The proper agencies should be contacted for the latest information prior to the use of the property. 6.The hereon Legal Description and Sketch of Description does not reflect or determine ownership. SHEET 2 OF 2 THIS I$::A::al ETCH OF.:DESCRIPTION. SKETCH OF DESCRIPTION GORDON RIVER PUBLIC ESMT. NQT A. BOUNDARY SURVEY SECTION 27,TOWNSHIP 49 SOUTH.RANGE 25 EAST AMERICAN ENGINEERING CONSULTANTS OF MARCO ISLAND,INC. NOTES SEE::SHEET. # :0 .:2 FOR CERTIFICATE OF AUTHORIZATION: #26446, L8# 7419 LEGAL DESCRIPTIONY : 573 BALD EAGLE OR MARCO ISLAND, FL. 34145 (239) 394-1697 (FAX) 394-7571 SCALE : DATE : JOB NUMBER : 1'=40' 6-8-2011 10620-003-03 Attachment A Page 7 of 7 Pages Easement No.41498 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 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#4,complete the checklist,and forward to Sue Filson(line#5). Route to Addressee(s) Office Initials Date . (I ist in routing order) 1. — — • 2. — 3. 4. . 5. Ian Mitchell, BCC Office . Board of County Commissioners Supervisor 9_ ''? f I1 6. Minutes and Records Clerk of Court's Office (i(12-02_ PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.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,including Sue Filson,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff 0 V - m e/-n N Phone Number a 5 Oa (2(caR Contact ,, �y 1 Agenda Date Item was. n Agenda Item Number 16,8 Approved by the BCC F�, 9 a I Qt 0 Type of Document Number of Original Attached _'_UCl2.( 5uloixer L I4)(J Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Original document has been signed/initialed for legal sufficiency.(All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed • by the Office of the County Attorney.This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman•and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the CountyAttorney's Office and all other_parties except the BCC Chairman and the Clerk to the Board 144 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. N/ A ter 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain 'VV' time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on a JaajiCn (enter date)and all changes . made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05,Revised 9.18.09