Item P09 P9
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
July 17, 2024
Agenda Item Number: P9
2023-2541
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag
N/A
AGENDA ITEM WORDING: SUSTAINABILITY: Approval of a Sovereignty Submerged Lands
Easement agreement between the Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida and Monroe County Board of County Commissioners for non-exclusive easement on,
under and across the sovereignty lands for the Tavernier Breakwater Repairs project.
ITEM BACKGROUND:
This submerged land lease easement site is needed for the County to construct the Tavernier breakwater
repairs project for Grant IR036, which includes repair of the breakwater and installation of an air
curtain. The State owns the submerged land on which the work will be performed, and therefore this
easement is necessary. The easement provides use of the property for 25 years.
PREVIOUS RELEVANT BOCC ACTION:
None
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Tavernier 48616 SSL easement 43039.pdf
FINANCIAL IMPACT:
Effective Date: November 17, 2023 Expiration Date: 25 years (November 16, 2048)
4552
Dollar Value of the Easement:
Total Cost to County: None
Budgeted: N/A Source of Funds: N/A
CPI: Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount: N/A
Grant: N/A County Match: N/A
Insurance Required: No
Additional Details:
4553
This Instrument Prepared By:
Celeda Wallace
Action No. 48616
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
EASEMENT NO. 43039
BOT FILE NO. 440368106
PA NO. 44-106971-P
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 Monroe County,Florida,hereinafter referred to as the Grantee, a nonexclusive
easement on, under and across the sovereignty 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 Sections 26 and 27
Township 62 South,Range 38 East,in Tavernier Harbor,
Monroe County,Florida,containing 37,989 square feet,
more or less, as is more particularly described and
shown on Attachment A,dated January 10,2022.
TO HAVE THE USE OF the hereinabove described premises for a period of 25 years from November 17,2023,the
effective date of this easement. The terms and conditions on and for which this easement is granted are as follows:
1. USE OF PROPERTY: The above described parcel of land shall be used solely for breakwater repair and Grantee shall
not engage in any activity related to this use except as described in the South Florida Water Management District Environmental
Resource Permit No.44-106971-P,dated November 17,2023,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.
[42]
4554
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.
8. LIABILITY/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. 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 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:
Monroe County,Florida
1100 Simonton Street
Key West,Florida 33040
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 paragraph
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.
Page 2 of 7 Pages
Sovereignty Submerged Lands Easement No. 43039
4555
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. 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.
15. 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.
16. 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.
17. 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(65),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.
18. ACCRETION INTEREST: In further consideration of the issuance of this easement by Grantor, Grantee expressly
waives any right,title or interest in and to any accretions or additions to Grantee's shoreline resulting from any activity approved
herein.
[Remainder of page intentionally left blank;Signature page follows]
Page 3 of 7 Pages
Sovereignty Submerged Lands Easement No. 43039
4556
IN WITNESS WHEREOF,the Grantor and the Grantee have executed this instrument on the day and year first above written.
WITNESSES:
BOARD OF TRUSTEES OF THE INTERNAL
Signature: IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA
Printed Name: (SEAL)
Address: 3800 Commonwealth Blvd BY:
Brad Richardson,Chief,Bureau of Public Land
Tallahassee,FL 32399 Administration,Division of State Lands, State of Florida
Department of Environmental Protection,as agent for
Signature and on behalf of the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida
Printed Name:
Address: 3800 Commonwealth Blvd
Tallahassee,FL 32399 "GRANTOR"
STATE OF FLORIDA
COUNTY OF LEON
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:
Notary Public, State of Florida
5/16/2024
DEP Attorney Date
Printed,Typed or Stamped Name
My Commission Expires:
Commission/Serial No.
Page 4 of 7 Pages
Sovereignty Submerged Lands Easement No. 43039
4557
WITNESSES: Monroe County,Florida (SEAL)
By the Board of County Commissioners
Signature: B Y:
Original Signature of Executing Authority
Printed Name:
Holly Merrill Raschein
Address: Typed/Printed Name of Executing Authority
Mayor,District 5
Title of Executing Authority
Signature:
Printed Name:
Address:
"GRANTEE"
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of_physical presence or_online notarization this
day of ,201 by Holly Merrill Raschein as Mayor,District 5,for and on behalf of the
Board of County Commissioners of Monroe County,Florida. She is personally known to me or who has produced
as identification.
My Commission Expires:
Signature of Notary Public
Notary Public, State of
Commission/Serial No. Printed,Typed or Stamped Name
Approved as to form and legal sufficiency:
Monroe County Attorney's Office 6-25-2024
C4A'�,4. ffog
Page 5 of 7 Pages
Sovereignty Submerged Lands Easement No. 43039
4558
(PARCEL 1 EASEMENT)
ALL SOVEREIGNTY LANDS LOCATED WITHIN THE FOLLOWING.
DESCRIBED BOUNDARY:
A PARCEL OF SUBMERGED LANDS LYING IN SECTION 26 AND 27,
TOWNSHIP 62 SOUTH,RANGE 38 EAST,MONROE COUNTY,FLORIDA,
BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS:
¢ COMMENCING AT THE SOUTHEAST CORNER OF LOT 24,TA VERNIER
OCEAN SHORES,ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 4,PAGE 112 OF THE PUBLIC RECORDS OF MONROE
COUNTY FLORIDA THENCE 802'36'D7'E,ALONG THE EAST LINE OF
SUBMERGED LAND,ACCORDING TO CORRECTIVE DEED N0.21863 FL
AND AS SHOWN ON AFORESAID PLAT OF SAID PUBLIC RECORDS.A
DISTANCE OF 33.96 FEET TO THE POINT OF BEGINNING:THENCE
DEPARTING SAID EAST LINE,RUN tMIaTI E.A DISTANCE OF 8727
FEET.THENCE N46'0 WE, DISTANCE OF 179.81 FEET,'THENCE
S43-W451E,A DISTANCE OF 46.11 FEET TO THE MEAN HIGH WATER
LINE(ELEVATION 0.12 FEETNAVOMI);THENCE SAID
MEAN HIGH WATER LINE THE FOLLOWING THREE(3)COURSES:
THENCE S40'I?W'E.A DISTANCE OF 1125 FEET.*THENCE S46'01135 E,
A DISTANCE OF 181W FEET THENCE S48 2638'E,A DISTANCE OF 1700
FEET;THENCE DEPARTING SAID MEAN HIGH WATER LINE,RUN
SOV2W-W,A DISTANCE OF 18a05 FEET.THENCE MV9413W.A
DISTANCE DF 84.18 FEET:THENCE SN19 VI W.A DISTANCE OF ft40
FEET TO AFORESAID EAST LINE OF SUBMERGED LAND:THENCE
NW.3"7'W.ALONG SAID FAST LINE,A DISTANCE OF 100.07 FEET TO
THE POINT OF BEGINNING.
g, CONTAINING 29797.67 SQUARE FEET OR 0.68 ACRES.MORE OR LESS.
N EQAL pFZkRIP►10N(PARCEL 2 EASEMENT)
ALL SOVEREIGNTY LANDS LOCATED WITHIN THEFOLLOWING DESCRIBED
BOUNDARY'
A PARCEL OF SUBMERGED LANDS LYING IN SECTION 26 AND 27.
TOWNSHIP 62 SOUTH.RANGE 38 EAST.MONROE COUNTY.FLORIDA
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 24.TAVERNIEROCEAN
SHORES,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK4.PAGE 112OF THE PUBLIC RECORDS OF MONROE
COUNTY.FLORIDA THENCE S02'36VrE.ALONG THE EAST LINE OF
SUBMERGED LAND.ACCORDING To CORRECTIVE DEED NO.21WJ A.AS
SHOWN CNAFORESAID PLAT OF SAD PUBLIC RECORDS.A DISTANCE
OF 15426 FEET TO THE SOUTHEASTERLY LINE OF SAID SUBMERGED
LAND:THENCE SW57'f4'W.ALONG SAID SOUTHEASTERLY LINE.A
DISTANCE OF 888.08 FEET THENCE CONTINUING ALONG SAID
SOUTHEASTERLYLBNE,RUN 534 57.151V,A DISTANCE OF 307.82 FEET TO
THE POINT OF BEGINNING:THENCE DEPARTING SAID SOUTHEASTERLY
UNE,RUN S29'W37'N:A DISTANCE OF 385.16 FEET THENCE SW V3PE,
A DISTANCE OF"FEET THENCE S65'S0'32'W.A DISTANCE OF 3760
FEET TO AFORESAID SOUTHEASTERLY LINE OF SA O L�T OF
THENCE NO2'32'45'W,ALONG SAID SOUTHIFASTE
157.20 FEET ID THENCE CONTINUE ALONG SA SOUTHEASTERLY LINE,RUN
N3415"S'E,A DISTANCE OF 392.17FEET TO THE POWTOFBEGIINING.
CONTAINING 8160.53 SQUARE FEET OR 0.10 ACRES,MORE OR LESS.
Attachment A
Page 6 of 7 Pages
Sovereignty Submerged Lands Easement No. 43039 4559
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Attachment A
Page 7 of 7 Pages
Sovereignty Submerged Lands Easement No. 43039 4560