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)
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Attachment A
Page 7 of 8 Pages
Sovereignty Submerged Lands Easement No. 29919(5158-101
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Attachment A
Page 8 of 8 Pages
Sovereignty Submerged Lands Easement No.29919(5158-10)