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HomeMy WebLinkAboutEasement Sovereignty Submerged Lands Renewal This Instrument Prepared By: Celeda Wallace Action No.45860 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 EASEMENT NO.29919(5158-10) BOT FILE NO. 100218142 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 Clay County Utility Authority,an independent special district created under Chapter 94-491,Laws of Florida.Acts of 1994,hereinafter referred to as the Grantee,a nonexclusive easement on,under and across the a; sovereignty lands,if any,contained in the following legal description: A parcel of sovereignty submerged land in Section 03, Township 05 South, Range 25 East,in Little Bear Creek, Clay County,Florida,containing 1,890 square feet, more or less,as is more particularly described and shown on Attachment A,dated August 5, 1997. TO HAVE THE USE OF the hereinabove described premises from October 10,2022,the effective date of this renewal easement,through October 10,2072,the expiration date of this renewal 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 a wastewater reuse pipeline and Grantee shall not engage in any activity related to this use except as described in the State of Florida Department of Environmental Protection Environmental Resource Permit No. 10-I26723-002-ES,dated October 10, 1997,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. [45] 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. 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. 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: Clay County Utility Authority 3176 Old Jennings Road Middleburg, Florida 32068 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. I I. 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 8 Pages Sovereignty Submerged Lands Easement No.29919(5158-10) 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(63),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. [Remainder of page intentionally left blank:Signature page follows] Page 3 of 8 Pages Sovereignty Submerged Lands Easement No.29919(5158-10) 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 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. Original Signature Print/Type Name of Witness "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 a 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: -F- *-- Notary Public,State of Florida 9/15/2022 DEP Attorney Date Printed,Typed or Stamped Name My Commission Expires: Commission/Serial No. Page 4 of 8 Pages Sovereignty Submerged Lands Easement No.29919(5158-10) Clay County Utility Authority,an independent special district created under Chapter 94-491, WITNESSES: Laws of Florida,Acts . (SEAL) 4111111 , C.1 . A • OAR...Tvv_ , BY: Moo. — r final Sign ture i! ig la!Sig • . - • ting Authority. ,e.-r A. (3,f 0 ►'> y Johnston Typed/Printed Name of Witness Typed/Printed Name of Executing Authority �► , `fW, ' Executive Director tr :1 Signature _ Title of Executing Authority Dina M. Gibbs Typed/Printed Name of Witness "GRANTEE" STATE OF ► LD D)t- COUNTY OF C u't 1 23RThe foregoing in meet w knowledged before me by means of . hysical presence or online notarization this r� ac day of OW. ,20ZZ,by Jeremy Johnston as Executive Director of Clay County Utility_. Authority,an independent special district created under Chapter 94-491,Laws of Florida,Acts of 1994. He isfersonallZ -mown to myr who has produced — identification. r A I�y� My QJL M Commission Ex i e : M. "''1L 0 Notary Public State of Fion � Signature of Notary Public o .e44%. Sandra M Blaney QI^h _ My Commission GG 353740 Notary Public,State of ( so Sandra 07/10/2023 Sandra M.Blaney Commissionr'Serial No. Printed,Typed or Stamped Name Page 5 of 8 Pages Sovereignty Submerged Lands Easement No.29919(5158-10) Sheet 1 of 3 Sheets I Specific Purpose Survey To sh1Oe' proposed ea6ement area. RECEIVED For. Clay County Utity Authority OCT 2 3 1997 782 Foxrdge Center Drive Orange Park. Florida 32065 Telephone. 904-272-5999 DEPT OF EI'J PrC T-'T1DN NORTHEAST L'STRIGi JAX A portion of the submerged sovereignty lard r Little Black Creek lying between Sections 3 end 45 Township 5 South Range 25 East Clay County. Florida. said porton beng more particularly described as follows. Commence at the northeast corner of said Section 3; thence on the east line thereof run South 00 degrees 41 minutes 50 seconds East 1312 37 feet to the southeast corner of those lands descrbed in Official Records Book 865 page 69 _f the public records of said county; thence on said east We of Secton 3 North 00 degrees 41 minutes 50 seconds West. 6726 feet; thence South 89 degrees 18 minutes 10 seconds West 10.00 feet; thence South 45 degrees 20 minutes 08 seconds West. 108 99 feet; thence North 89 degrees 39 minutes 52 seconds West 738.85 feet, thence South 70 degrees 45 minutes 51 seconds West 301.24 feet; thence South 77 degrees 45 minutes 51 seconds West 947 feet more or less to the point of beginning situated r the easterly mean high water Hie of Uttfe Brack Creek (also being the wester y Ine of sad Section 3); thence along sod easterly mean Ngn water ire run northerly 10 0 feet; thence South 77 degrees 45 minutes 51 seconds West 95 feet more or less to the westerly mean high water Me of said Little Black Creek (also berg the easterly line of said Section 45); thence along said westerly mean high water ne run r a southerly direction 20.0 feet, thence North 77 degrees 45 minutes 51 seconds East 94 feet more or less. to said easterly mean hgh water knee thence along said easterly mean high water lie run n a northerly direction 10 feet. more or less to the pont of beginning Being 1 890 square feet more or less in area Date. August 5 199' %t .Sd wth..l Ng...Kw NW the dnene-d.aa .me as .nand.tweed urns net w► I hereby cartfy that the. survey meets tee Weans techncd standards set forth by the aoard of Professcnd -and Surveyors oursueit to Settee 472 027 finfa1 tetutes Req>tered Land Su-+e.c-' r Or Certeocate No 251` Ellitrd ♦ Associates inc La :.3'. Land Surveyors end Mappers 615 aiearg Boulevard Oeage pare F Telephone 904-272-I000 Attachment A Page 6 of 8 Pages Sovereignty Submerged Lands Easement No.29919(5158-10) Swot 2 of 3 Steel. • . .... . OW .lass, Road `•i .� • I • i • _ ___1 ..„:::.• •C• vl • . • • . 7 • 1 • 1. . I 34 35 . • • • • • • • R0.4, ?ZO • Doctor'• • •• • C • �-_, urnx at4c.r . • • „y— Proposed Easemer' • . • all tO I.• . • ) 6.4% --- ----...--- 1 • • • ----N\......Y' 45 r., 3 • / • •, •? r A , Proposed Leese Ares • e -� •••• ` ° C K RECEIVED l r• � �• OCT 2 3 1997 �" DEPT.OF ENV. PROTECT''. - • 1 scot • 1Aclrty M.► NORTHEAST DISTRIY' .1; a. •• 1• a i Gond • Assa mte• 1w. .P ..,.. • • • • lad Sur ye yar• end Mappers „.3 •• G15 Blandon Bove wee d Or Pert • • • • Telephone .104-272-1000 At J-16559-B Attachment A Page 7 of 8 Pages Sovereignty Submerged Lands Easement No. 29919(5158-101 L Sheet 3 of 3 Sheets Couot Read NO rt� •e I 220 3 „C' , r PONT Of COtPtNGEOENT J • t , • •x l See eeet. •+ _eger Dee.ugt. / / 15- Scare 1 '),_ / I e .. G.yuer la•i, / 5 :,cotes.r fa+..e.r...rc 1 L yt st 1 1 e l i P 4 Iu :••.,r..cod*Soto 2317 :NW :.> s F 11 • s_ i t to 4. I r\ , y, >loor 0 All AK fo ID t L;:::‘-4 --•r - PONT OF BE:GINNN thG sooer..;woo ofrd. ' g - Or' Woo l/ed.Me..k Record* , Owe WO oww Fa \ A I '37 •4 4 Goaatwfw es LEGEND M. eearo tootowo-. . S Ct Clot '•w r v•orr '' E fowl••.• carrot.Wow/mot •'e •n.a nesf..mr• ▪ coot.Iwo M r rs Flo • Sot 7'1'too Flo OW 1341.- COD Ot•!s/sons Gaol 47717 Woof WO.n.tr .ew a�,woof hrgp.•Owed r t~cot.A RECEIVED e• Sot of ar x.:of t•. ew..of.•. 0 C T 2 3 1997 N V Owotow.roc.woof--www,of u a core PROTECTION v owl fr:a Sweet dot•ow o•vooe.d hoe. OF ENNV. GO.y..M•Om GM wet✓We root r D.�nnT• l p�S T;�ICT y{� e. .iece.D we% .rote of We.a.•Go ofIL Al7ftt a...5 - _ -- J _..nt.•.w,w„ 22C et.won•7'GS •GVD 1.2• -. �.. J-16559—B Attachment A Page 8 of 8 Pages Sovereignty Submerged Lands Easement No.29919(5158-10)