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Home My WebLink About2010-184This Instrument Prepared By: Pattie J. Scott Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 211`249 THIS DOCUMENT HAS KEEN RECORDED IN THE PUN,: T_IC RE: _:ORDS OF INDIAN RIVER COUNTY FL 8K: 2472 PG 762, Faget of 8 01/20/2011 at 09:07 AM, DOC: S74AFIS D $0.70 JEFf=REY K 6ARTON, C:I.. ARK Of C(:)URT BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS EASEMENT RECEIVED MODIFICATION TO RELOCATE AND INCREASE PREEMPTED AREA EASEMENT NO.: 40872 SEP 0 3 2010 BOT FILE NO.: 310232373 PA NO.: 31-256136-003 QEF Central pig 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 Indian River 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 Section 14, Township 32 South, Range 39 East, in the Indian River, Indian River County, as is more particularly described and shown on Attachment A, dated May 19, 2010. TO HAVE THE USE OF the hereinabove described premises from July 1, 2010, the effective date of this modified easement, through November 9, 2057, the expiration date of this modified easement. The terms and conditions on and for which this modified easement is granted are as follows: 1. USE OF PROPERTY: The above described parcel of land shall be used solely for an intake channel to a siltation basin associated with the construction of a disposal area water treatment plant and Grantee shall not engage in any activity except as described in the State of Florida Department of Environmental Protection, Consolidated Environmental Resource Permit No. 31-256136-001, dated November 9, 2007, and State of Florida Department of Environmental Protection Modified Permit No. 31-256136-003, dated July 1, 2010, incorporated herein and made apart of this easement by reference. All of the foregoing subject to the remaining conditions o 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 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. [441 l 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. 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 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. 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: Indian River County, Florida 1801 27a' Street Vero Beach, Florida 32960 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 I 1 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. AMENDMENT/MODIFICATIONS: Thiseasement 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 if it 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. 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 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. Page 2 of 7 Pages Easement No. 40872 19. 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 eas Page 3 of 7 Pages Easement No. 40872 STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA R (SEAL) BY: Jeffery entryrations and Management Consultant Manager, Bureau of Public Land Administration, Division 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' COUNTY OF LEON %%�� The foregoing instrument was acknowledged before me this Z ) day o_�;ion , 20`�, by Jeffery M. Gentry Operations and Management Consultant Manager Bureau of Public Laof 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 perso own to c APPRO D AS TO FORM A EGALITY: l� N tary Public, tate of Florida DEP A&Wey Printed, Typ or—eQWRQblic State of Florida 4*,Er, Kathy C GriffinMy Commiss ' My Commission DD727692 j0'�Expires 10130/2011 WITNESSES: �O"rigin ature _ —el Q4be{-h M. Type 'nted Name of Witness C ginal Signature Typed/Printed Name of Witness STATE OF Florida COUNTY OF Indian River County Commission/Serial N, Indian River County Florida (SEAL, By ' and f County Cormnissioners BY: l Original Signature of Executing Autb6Aty Peter D O'Bryan Typed/Printed Name of Executing Authority p *�• V �. V •• N 2 "GRANTEE" s .�q�q • OUN'iK,�'�'O The foregoing instrument was acknowledged before me this 17th day of August , 201 , by Peter D. O'Bryan as Chairman, for and on behalf of the Board of County Commissioners of Indian River County, Florida. He is personally known to me or who has produced N/A , as identification. My Commission Expires: October 30, 2010 Commission/SerialNo. DD 609787 Page 44 of 8 Pages Easement No. 40872 5AAA, �o�ol�o y Z iz))b /I Notary Public, State of Florida Terri Collins -I ister Printed, Typed or Stamped Name APPROVED AS TO FOR ARID LEGAL SUM40ENCY BY Z&j) MELISSA P—.7MDERSON ASSISTANT COUNTY ATTORNEY Boundary & Record,Survey for Submerged Land Easement at the Spoonbill Marsh Wetland Facility Site, Indian River County Sheet 1 of 4 Not Valid W thoutAll Sheets FZECF—jvED aUN t� ., 2”' Central Dist. ur, s.®gym s® :■ ..®. mese ie■ - i. — e`nonier�e®rp �� — _ m■p171(�N�t'�lY�..di,�,�±Glp`��I1}�`l�ir®..�� - _ EMS �Yti�l�ia"r�ei®i _t M% wC r-®els a, °��{le®•1��:�1_7Q�e. "M■� �®I a 45q"pl: Iy 'i tt �Ilir S'9 _ a■ep„--�i _ wl � +Icor ttaW Waft VIM M SHEET !NDEX 1. COVER SHEET 2. NOTES AND DESCRIPTION Attachment A 3. OVERALL PROPERTY SKETCH 4. SKETCH OF LEGAL DESCRIPTION Page ,Sofe Pages Easement No. 40872 REVISED DESCRIPTION 3/10/10 DMT (REVISED PER COMMENTS 05/19/10 DMT COVER SHEEI Drawn by: Checked by File namel Date Scale Drawing Name This is NOT a Field. Survey" CLA DMT I 5710DEP 3/22/07 N/A Masteller Mvle�' Reed c� Taylal' Ave. NOT VALID WITHOUT; THE SIGNATURE AND ,.. 1 ' ! THE ORIGINAL RAISED SEAL'OFA FLORIDA"`'` PROFES.SIONf1LSllRl2�'YORSAND�YIAPPERS ,LICENSED; 7OR ANb IfvIAPPERe y LANIoSURYEYINGB1lSINESS"644 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 DA 'LLM TAYLOR zP SM 4$ Boundary & RecordSurvey for Submerged Land Easement at the Spoonbill Marsh Wetland Facility Site, Indian River County Sheet of 4 Not Valid WithoutAllSheets Attachment A Page Ofd Pages Easement No. 40872 SURVEYORS NOTES 1) THE BEARING BASIS NORTH LINE OF SECTION 14 BEARING BEING N88'52'28"W 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCIPTION TO WHICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED UNLESSS OTHERWISE NOTED. 4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. • THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS TO THE SURVEY MAP AND/OR REPORT OF SURVEY BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PAR77ES • HORIZONTAL CONTROL ACCURACY' THE EXPECTED USE OF THE SURVEY MAP AND REPORT FOR THE LAND, AS CLASSIFIED IN THE MINIMUM TECHNICAL STANDARDS (61G17 -6.003(E) FAC) IS SUBURBAN. THE MINIMUM RELATIVE DISTANCE ACCURACY FOR THIS TYPE OF BOUNDARY SURVEY IS 1 FOOT IN 7500 FEET. THE ACCURACY OBTAINED BY MEASUREMENT AND CALCULATION OF A CLOSED GEOMETRIC FIGURE WAS FOUND TO MEET OR EXCEED THIS REQUIREMENT. • HORIZONTAL FEATURE ACCURACY. TOPOGRAPHIC LAND FEATURES (SIGNS, INLETS, VALVES, MAILBOXES, POWERPOLES, DRIVEWAYS, CULVERTS AND SIMILAR FEATURES) HAVE A HORIZONTAL FEATURE ACCURACY OF PLUS OR MINUS 0.25 FEET. • VERTICAL CONTROL ACCURACY- VERTICAL CONTROL AS ESTABLISHED FOR THIS PROJECT SITE IS ACCURATE TO PLUS OR MINUS 0.05 FEET 77MES THE SQUARE ROOT OF THE DISTANCE IN MILES. • VERTICAL FEATURE ACCURACY.• ELEVATIONS ON THE SITE (GROUND, PAVEMENT, INLETS, ETC.) HAVE A VERTICAL FEATURE ACCURACY OF PLUS OR MINUS 0.10 FEET. • FIELD WORK WAS OBTAINED DURING THE FOLLOWING TIME FRAME OR DA TE. LAST DATE 03-09-10 • THE ELEVATIONS AS SHOWN ON THIS SURVEY ARE BASED ON THE NATIONAL GEODETIC VERTICAL DATUM OF 1929. THE ORIGINATING BENCHMARK IS A U.S. COAST AND GEODETIC MONUMENTS STAMPED D 200. PUBLISHED ELEVA TION 17.776 THE ONSI TE B. M. 1S ON TOP OF AN I. R. C. (TRA V) LOCA TED A T THE S. W. CORNER OF THE PROJECT. ELEVA TION 4.97 • ALL MEASUREMENTS ARE IN FEET AND DECIMAL PARTS THEREOF AND ARE IN ACCORDANCE WITH THE STANDARDS OF THE UNITED STATES. • THE HORIZONTAL VALUES SHOWN HEREON REFER TO THE STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NAD 83 (NGS ADJUSTMENT OF 1990). LEGAL DESCRIPTION THAT PART OF THE SOVEREIGN LANDS OF THE STATE OF FLORIDA BEING A PART OF SECTION 14, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE S76 37'41 "E A DISTANCE OF 5147.81 FEET TO A POINT ON THE MEAN HIGH WATER LINE OF THE INDIAN RIVER AND THE POINT OF BEGINNING; THENCE N62 2959"E A DISTANCE OF 36.83 FEET; THENCE S24'06'40"E A DISTANCE OF 3.04 FEET; THENCE N65'53'20"E A DISTANCE OF 129.62 FEET, THENCE S24'06'40"E A DISTANCE OF 8.00 FEET, THENCE S65 53'20"W A DISTANCE OF 129.62 FEET, THENCE S24 06'40 "E A DISTANCE OF 3.04 FEET, THENCE S63 24'48"W A DISTANCE OF 26.88 FEET BACK TO A POINT ON THE WEAN HIGH WATER LINE; THENCE N61 '18'26"W ALONG SAID MEAN HIGH WATER LINE A DISTANCE OF 16.39 FEET BACK TO THE POINT OF BEGINNING, CONTAINING 1,476.8 SQUARE FEET OR 0.034 ACRES MORE OR LESS. REVISED DESCRIPTION 3/10/10 DMT REVISED PER COMMENTS 05/19/10 DMT NOTES AND DESCRIPTION Drawn by: Checked by File name Date Scale Drawing Name "This is NOT a Field Survey" CLA I DMT I S710DEP 3/22/07 N/A 2 OF 4 1Ylastelle�; lYlole�; Reed & Taylor, Inc. PROFESSIONAL SVRVEYORS,,bvoAIAPPERS A L,4%PSVlRYLYIII'CBIlSIlVESSW644 V 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED VEYOR AND MAPPER. DAVID M. TAYLOR P.S.M 243 + Boundary & Record Survey for Suhmerged Land Easement at the Spoonbill Marsh Wetland Facility Site, Indian River County Sheet 3 of 4 Not Valid Without All Sheets 1 LEGEND I R/W RIGHT-OF-WAY PSM PROFESSIONAL SURVEYOR AND MAPPER NO. NUMBER A DELTA 1 R RADIUS N NORTH L LENGTH S SOUTH CH CHORD DISTANCE E EAST CB CHORD BEARING W WEST 1 1 I 1 1 I Attachment A Pagelf offfi Pages � 1 1 Easement No. 40872 I UIFRAL pT011 Tb. J f10PoDADEPARTMENT OF 1RANSPdtTA110N O.R.B. .9 PACE 844 1 11� POINT OFCOMMENCE NORTHWEST CORNER 0 i SECTION 14-32-39 7000 FEET ( \ � MANGROVE LINE/ NATURAL COASTLINE I i D s SUBJECT ' MEA HIGH EASEMENT SEE SHEET 4 LINE 1 POIN OF BEGINNING SUB T EASEMENT ~� WEST 1/2 OF THE N.E. 14-32-39 ✓ter \ dI �� 1000 FEET GRAPHIC SCALE NATURAL COASTLINE ,y ✓tet 400 0 200 400 / GOVERNMENT LOT 2 I ✓� SECTION 14-32-39 r' ( IN FEET,) 1 inch = 400 ft. REVISED DESCRIPTION 3/10/10 REVISED PER COMMENTS 05/19/10 DMT DMT = - UVtfCHLL rMUt-t-M I T Drawn by: Checked by File name Date Scate Drawing Name "This is NOT a Field Survey"CLA DMT 5710DEP 3/22/07 1"=400 3 OF 4 Masteller Molex Reed &Taylor Inc. NOT VALID WITHOUT THE SIGNATURE AND 1 ' THE ORIGINAL RAISED SEAL OF A FLORIDA PROPES.SIUNfiLSUR FEFORS &Y,,0fff SPL'" LICENSED SURVEYOR AND MAPPER. / L4YMOSURYEY7N6!WrSINESS 464(4 V 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID M. TAYLOR P.SAW15243 Boundary &Record Survey fog Submerged Land .Easement at the Spoonbilllllarsh Wetland Facility Site, Indian River County Sheet 4 of 4 Not Valid WithoutAll Sheets _;_----------_� �__---- �\; POINT OF BEGINNING N 1224451.40 E 851087.00 �< �� SSP �`'. •�s -MEAN HIGH WATER LINE EASEMENT AREA 1,476.82 SQ. FT. OR 0.034 ACRES t 12' X 8' SAMPLING PLATFORM 12961 i�$�1"r k� ZO E +• y3 I SET IRC 4644 5;4 36k N68 �• _c532a ��\• 4 SILTATION BASIN �� -SET IRC-'` LB 4§4,r - �� N 122¢¢445.53 j25. E.i 1101.38 563 j6 0 10 INDIAN RIVER PNNE1. R f ROM B'N� p �oN BASIN 5�iP Attachment A Pagee of 18Pages ' \ Easement No. 40872 REVISED SEDPERDII COMMENTS 3/1010 DMT DMT 1 1 `L"jr,L_ Drawn by: Checked by Fitenamel Date Scale Drawing Name "This is NOT a Field Survey" CLA DMT 15710DEfl3/22/07 1"=60' 1 4 OF 4 lYlasteller lYloler Reed & Taylor; Inc. PROPE.S fON,IL SUR YEYORS,4%0 A UP, PffRS %1\ L,",0SUR VEYIYGBUSIIVESS#�64V 1655 27th Phone: Street, Suite 2 Vero Beach, Florida 32960 (772) 564-8050 Fax: (772) 794-0647 i NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED S YOR AND MAPPER. DAM M. TAYLOR P.S. I Ir #5243