submerged lands easement
TRANSCRIPT
Submerged Lands Easement April 25, 2017 - Regular Meeting Agenda
Item #31
Subject Submerged Lands Easement from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for Property Located in Palma Sola Bay to Complete Phase IIB of the Robinson Preserve Expansion Project Briefings None Contact and/or Presenter Information Charlie Hunsicker, Parks and Natural Resources Director Action Requested Execution of Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Sovereignty Submerged Lands Easement. Enabling/Regulating Authority F.S. 125 Background Discussion The Parks and Natural Resources Department requires an easement over Florida sovereignty submerged lands located in Palma Sola Bay in order to complete Phase IIB of the Robinson Expansion project. The easement area will provide for the ability to create a tidal flushing channel which will feed internal waters created within Robinson Preserve and Expansion. County Attorney Review Formal Written Review (Opinion memo must be attached) Explanation of Other Reviewing Attorney Clague Instructions to Board Records
Please mail executed easement to: Tiana Brown, GOC II Florida Department of Environmental Protection Public Land Administration, Submerged Lands 3800 Commonwealth Boulevard, MS 125 Tallahassee, Florida 32399-3000
Email copies to: [email protected] [email protected]
Manatee County Government Administrative Center Commission Chambers, First Floor
9:00 a.m. - April 25, 2017
Approved in Open Session 4/25/17, Manatee County Board of County Commissioners
Rtoth
Original, executed Submerged Lands Easement returned to Charlie Hunsicker, PNRD, via courier mail, to forward on to Tiana Brown, FDEP, 4/28/17, RT
Pursuant to Chapter 695, Florida Statutes, the names of the person executing the instrument, the two witnesses, and the notary public must be legibly printed or typewritten directly below that person's signature.
Cost and Funds Source Account Number and Name None Amount and Frequency of Recurring Costs None Attachment: A - Easement 41963 - ogc signed.pdf Attachment: RLS-2017-0150_Palma Sola Bay _Sov_sub_Lands Lease.pdf
Manatee County Government Administrative Center Commission Chambers, First Floor
9:00 a.m. - April 25, 2017
Expansion, Phase IIB Date: Tuesday, May 30, 2017 12:26:00 PM
You’re welcome! Thank you, Robin Toth Board Records Deputy Clerk for Angelina Colonneso Clerk of Circuit Court and Comptroller www.manateeclerk.com [email protected] 941-741-4018, Ext. 4018 "Pride in Service with a Vision to the Future"
Florida has a very broad Public Records Law. This agency is a public entity and is subject to Chapter 119 of the Florida Statutes, concerning public records. E-mail communications are covered under such laws & therefore e-mail sent or received on this entity's computer system, including your e- mail address, may be disclosed to the public or media upon request. From: Jayne Roberts [mailto:[email protected]] Sent: Tuesday, May 30, 2017 12:25 PM To: Robin Toth Subject: RE: BCC Mtg 4/25/17: Item 31, Board of Trustees of the Internal Improvement Trust Fund - Robinson Preserve Expansion, Phase IIB Thank you Jayne Roberts, Sr. Fiscal Analyst Manatee County Parks & Natural Resources Dept
5502 33rd Ave Drive West Bradenton, FL 34209 Phone: (941) 742-5923 X6028 Fax: (941) 742-5972 Email: [email protected]
From: Robin Toth [mailto:[email protected]] Sent: Tuesday, May 30, 2017 12:22 PM To: '[email protected]'; Jayne Roberts Cc: Charlie Hunsicker Subject: RE: BCC Mtg 4/25/17: Item 31, Board of Trustees of the Internal Improvement Trust Fund - Robinson Preserve Expansion, Phase IIB Good Afternoon, ATTACHED is the recorded Sovereignty Submerged Lands Easement, along with the validated receipt for recording fees. Jayne, the original, recorded Easement has been sent to you by courier mail. Thank you, Robin Toth Board Records Deputy Clerk for Angelina Colonneso Clerk of Circuit Court and Comptroller www.manateeclerk.com [email protected] 941-741-4018, Ext. 4018 "Pride in Service with a Vision to the Future"
Florida has a very broad Public Records Law. This agency is a public entity and is subject to Chapter 119 of the Florida Statutes, concerning public records. E-mail communications are covered under such laws & therefore e-mail sent or received on this entity's computer system, including your e- mail address, may be disclosed to the public or media upon request. From: Robin Toth Sent: Tuesday, May 30, 2017 10:33 AM To: 'Jayne Roberts' Subject: RE: BCC Mtg 4/25/17: Item 31, Board of Trustees of the Internal Improvement Trust Fund - Robinson Preserve Expansion, Phase IIB You’re welcome! Thank you,
Robin Toth Board Records Deputy Clerk for Angelina Colonneso Clerk of Circuit Court and Comptroller www.manateeclerk.com [email protected] 941-741-4018, Ext. 4018 "Pride in Service with a Vision to the Future"
Florida has a very broad Public Records Law. This agency is a public entity and is subject to Chapter 119 of the Florida Statutes, concerning public records. E-mail communications are covered under such laws & therefore e-mail sent or received on this entity's computer system, including your e- mail address, may be disclosed to the public or media upon request. From: Jayne Roberts [mailto:[email protected]] Sent: Tuesday, May 30, 2017 10:32 AM To: Robin Toth Cc: Michael Elswick Subject: RE: BCC Mtg 4/25/17: Item 31, Board of Trustees of the Internal Improvement Trust Fund - Robinson Preserve Expansion, Phase IIB Thank you Jayne Roberts, Sr. Fiscal Analyst Manatee County Parks & Natural Resources Dept
5502 33rd Ave Drive West Bradenton, FL 34209 Phone: (941) 742-5923 X6028 Fax: (941) 742-5972 Email: [email protected]
From: Robin Toth [mailto:[email protected]] Sent: Tuesday, May 30, 2017 9:46 AM To: Jayne Roberts Subject: RE: BCC Mtg 4/25/17: Item 31, Board of Trustees of the Internal Improvement Trust Fund - Robinson Preserve Expansion, Phase IIB Good Morning Jayne,
Thank you for providing the AR number AR700022, for Parks and Natural Resources. The document will be recorded in official records, and I will scan it into the County Commission records on Item 31, for the 4/25/17 meeting. Board Records electronic copy becomes the County Commission official record, so I will forward back to you the original, recorded Sovereignty Submerged Lands Easement, along with the validated receipt of recording charges. Thank you, Robin Toth Board Records Deputy Clerk for Angelina Colonneso Clerk of Circuit Court and Comptroller www.manateeclerk.com [email protected] 941-741-4018, Ext. 4018 "Pride in Service with a Vision to the Future"
Florida has a very broad Public Records Law. This agency is a public entity and is subject to Chapter 119 of the Florida Statutes, concerning public records. E-mail communications are covered under such laws & therefore e-mail sent or received on this entity's computer system, including your e- mail address, may be disclosed to the public or media upon request. From: Jayne Roberts [mailto:[email protected]] Sent: Tuesday, May 30, 2017 8:23 AM To: Robin Toth Subject: RE: BCC Mtg 4/25/17: Item 31, Board of Trustees of the Internal Improvement Trust Fund - Robinson Preserve Expansion, Phase IIB Hi Robin, AR700022. Jayne Roberts, Sr. Fiscal Analyst Manatee County Parks & Natural Resources Dept
5502 33rd Ave Drive West Bradenton, FL 34209 Phone: (941) 742-5923 X6028 Fax: (941) 742-5972 Email: [email protected]
From: Robin Toth [mailto:[email protected]] Sent: Friday, May 26, 2017 1:47 PM To: Charlie Hunsicker Cc: Jayne Roberts Subject: BCC Mtg 4/25/17: Item 31, Board of Trustees of the Internal Improvement Trust Fund - Robinson Preserve Expansion, Phase IIB Hi there, I have the fully executed Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, Sovereignty Submerged Lands Easement, which needs to be recorded in public records of the Courthouse. The cover Memo from you Charlie instructs the document recording fees be charged to 0010012800; however, the I need the actual AR# in order to charge the recording fees to the correct account. Please provide the AR#, which should start with a 7. Once recorded, I will forward you a recorded copy . Thank you, Robin Toth Board Records Deputy Clerk for Angelina Colonneso Clerk of Circuit Court and Comptroller www.manateeclerk.com [email protected] 941-741-4018, Ext. 4018 "Pride in Service with a Vision to the Future"
Florida has a very broad Public Records Law. This agency is a public entity and is subject to Chapter 119 of the Florida Statutes, concerning public records. E-mail communications are covered under such laws & therefore e-mail sent or received on this entity's computer system, including your e- mail address, may be disclosed to the public or media upon request.
From: William Clague To: Michael Elswick Cc: Mitchell Palmer; Kate Zamboni; Charlie Hunsicker; Juliet Shepard Subject: Easement for Sovereignty Submerged Lands; RLS-2017-0150 Date: Tuesday, March 21, 2017 9:16:29 AM Attachments: Sovereignty Submerged Lands Easement - CAO Comments dtd 3.21.17.pdf
December 2016 contract sig block.doc
Michael: Pursuant to the above Request for Legal Services you have asked this office to review an easement for sovereignty submerged lands (“Easement”) from the Board of Trustees of the Internal Improvement Trust Fund, processed through the Florida Department of Environmental Protection (“FDEP”). The Easement is required in order to establish a flushing channel for Robinson Preserve pursuant to a permit from FDEP. I provide the following comments in response to the RLS:
1. The Easement follows a standard FDEP form that this office has found acceptable in past transactions. Because FDEP is reticent to make changes to its standard form, I have limited my comments to changes necessary from a legal standpoint.
2. Attached are marked pages reflecting my comments.
3. Also attached is a Word version of the County’s standard signature block, proscribed by Florida Statute 125.411.
4. A review of the legal description and the property records available on the County’s GIS system indicates that the Easement area will touch the shoreline of the County’s Robinson Preserve property, such that the County has the requisite riparian rights required pursuant to Section 17 of the Easement and the regulations referenced therein.
5. I note that, pursuant to FDEP’s standard practice, the Easement incorporates by reference
the FDEP permit conditions which have not been submitted to this office for review. I express no opinion as to the business judgment of submitting to those conditions or the business terms of the Easement.
Subject to the incorporation of my suggested changes, I have no objection from a legal standpoint to the Easement being scheduled for approval by the Board. This concludes my response to the RLS. Please contact me if you have any questions or concerns. Bill Clague Assistant County Attorney Manatee County, Florida ph. 941-745-3750 fx. 941-749-3089 [email protected]
By: its Board of County Commissioners
By:
Chairperson
Date:
Subject Submerged Lands Easement from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for Property Located in Palma Sola Bay to Complete Phase IIB of the Robinson Preserve Expansion Project Briefings None Contact and/or Presenter Information Charlie Hunsicker, Parks and Natural Resources Director Action Requested Execution of Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Sovereignty Submerged Lands Easement. Enabling/Regulating Authority F.S. 125 Background Discussion The Parks and Natural Resources Department requires an easement over Florida sovereignty submerged lands located in Palma Sola Bay in order to complete Phase IIB of the Robinson Expansion project. The easement area will provide for the ability to create a tidal flushing channel which will feed internal waters created within Robinson Preserve and Expansion. County Attorney Review Formal Written Review (Opinion memo must be attached) Explanation of Other Reviewing Attorney Clague Instructions to Board Records
Please mail executed easement to: Tiana Brown, GOC II Florida Department of Environmental Protection Public Land Administration, Submerged Lands 3800 Commonwealth Boulevard, MS 125 Tallahassee, Florida 32399-3000
Email copies to: [email protected] [email protected]
Manatee County Government Administrative Center Commission Chambers, First Floor
9:00 a.m. - April 25, 2017
Approved in Open Session 4/25/17, Manatee County Board of County Commissioners
Rtoth
Original, executed Submerged Lands Easement returned to Charlie Hunsicker, PNRD, via courier mail, to forward on to Tiana Brown, FDEP, 4/28/17, RT
Pursuant to Chapter 695, Florida Statutes, the names of the person executing the instrument, the two witnesses, and the notary public must be legibly printed or typewritten directly below that person's signature.
Cost and Funds Source Account Number and Name None Amount and Frequency of Recurring Costs None Attachment: A - Easement 41963 - ogc signed.pdf Attachment: RLS-2017-0150_Palma Sola Bay _Sov_sub_Lands Lease.pdf
Manatee County Government Administrative Center Commission Chambers, First Floor
9:00 a.m. - April 25, 2017
Expansion, Phase IIB Date: Tuesday, May 30, 2017 12:26:00 PM
You’re welcome! Thank you, Robin Toth Board Records Deputy Clerk for Angelina Colonneso Clerk of Circuit Court and Comptroller www.manateeclerk.com [email protected] 941-741-4018, Ext. 4018 "Pride in Service with a Vision to the Future"
Florida has a very broad Public Records Law. This agency is a public entity and is subject to Chapter 119 of the Florida Statutes, concerning public records. E-mail communications are covered under such laws & therefore e-mail sent or received on this entity's computer system, including your e- mail address, may be disclosed to the public or media upon request. From: Jayne Roberts [mailto:[email protected]] Sent: Tuesday, May 30, 2017 12:25 PM To: Robin Toth Subject: RE: BCC Mtg 4/25/17: Item 31, Board of Trustees of the Internal Improvement Trust Fund - Robinson Preserve Expansion, Phase IIB Thank you Jayne Roberts, Sr. Fiscal Analyst Manatee County Parks & Natural Resources Dept
5502 33rd Ave Drive West Bradenton, FL 34209 Phone: (941) 742-5923 X6028 Fax: (941) 742-5972 Email: [email protected]
From: Robin Toth [mailto:[email protected]] Sent: Tuesday, May 30, 2017 12:22 PM To: '[email protected]'; Jayne Roberts Cc: Charlie Hunsicker Subject: RE: BCC Mtg 4/25/17: Item 31, Board of Trustees of the Internal Improvement Trust Fund - Robinson Preserve Expansion, Phase IIB Good Afternoon, ATTACHED is the recorded Sovereignty Submerged Lands Easement, along with the validated receipt for recording fees. Jayne, the original, recorded Easement has been sent to you by courier mail. Thank you, Robin Toth Board Records Deputy Clerk for Angelina Colonneso Clerk of Circuit Court and Comptroller www.manateeclerk.com [email protected] 941-741-4018, Ext. 4018 "Pride in Service with a Vision to the Future"
Florida has a very broad Public Records Law. This agency is a public entity and is subject to Chapter 119 of the Florida Statutes, concerning public records. E-mail communications are covered under such laws & therefore e-mail sent or received on this entity's computer system, including your e- mail address, may be disclosed to the public or media upon request. From: Robin Toth Sent: Tuesday, May 30, 2017 10:33 AM To: 'Jayne Roberts' Subject: RE: BCC Mtg 4/25/17: Item 31, Board of Trustees of the Internal Improvement Trust Fund - Robinson Preserve Expansion, Phase IIB You’re welcome! Thank you,
Robin Toth Board Records Deputy Clerk for Angelina Colonneso Clerk of Circuit Court and Comptroller www.manateeclerk.com [email protected] 941-741-4018, Ext. 4018 "Pride in Service with a Vision to the Future"
Florida has a very broad Public Records Law. This agency is a public entity and is subject to Chapter 119 of the Florida Statutes, concerning public records. E-mail communications are covered under such laws & therefore e-mail sent or received on this entity's computer system, including your e- mail address, may be disclosed to the public or media upon request. From: Jayne Roberts [mailto:[email protected]] Sent: Tuesday, May 30, 2017 10:32 AM To: Robin Toth Cc: Michael Elswick Subject: RE: BCC Mtg 4/25/17: Item 31, Board of Trustees of the Internal Improvement Trust Fund - Robinson Preserve Expansion, Phase IIB Thank you Jayne Roberts, Sr. Fiscal Analyst Manatee County Parks & Natural Resources Dept
5502 33rd Ave Drive West Bradenton, FL 34209 Phone: (941) 742-5923 X6028 Fax: (941) 742-5972 Email: [email protected]
From: Robin Toth [mailto:[email protected]] Sent: Tuesday, May 30, 2017 9:46 AM To: Jayne Roberts Subject: RE: BCC Mtg 4/25/17: Item 31, Board of Trustees of the Internal Improvement Trust Fund - Robinson Preserve Expansion, Phase IIB Good Morning Jayne,
Thank you for providing the AR number AR700022, for Parks and Natural Resources. The document will be recorded in official records, and I will scan it into the County Commission records on Item 31, for the 4/25/17 meeting. Board Records electronic copy becomes the County Commission official record, so I will forward back to you the original, recorded Sovereignty Submerged Lands Easement, along with the validated receipt of recording charges. Thank you, Robin Toth Board Records Deputy Clerk for Angelina Colonneso Clerk of Circuit Court and Comptroller www.manateeclerk.com [email protected] 941-741-4018, Ext. 4018 "Pride in Service with a Vision to the Future"
Florida has a very broad Public Records Law. This agency is a public entity and is subject to Chapter 119 of the Florida Statutes, concerning public records. E-mail communications are covered under such laws & therefore e-mail sent or received on this entity's computer system, including your e- mail address, may be disclosed to the public or media upon request. From: Jayne Roberts [mailto:[email protected]] Sent: Tuesday, May 30, 2017 8:23 AM To: Robin Toth Subject: RE: BCC Mtg 4/25/17: Item 31, Board of Trustees of the Internal Improvement Trust Fund - Robinson Preserve Expansion, Phase IIB Hi Robin, AR700022. Jayne Roberts, Sr. Fiscal Analyst Manatee County Parks & Natural Resources Dept
5502 33rd Ave Drive West Bradenton, FL 34209 Phone: (941) 742-5923 X6028 Fax: (941) 742-5972 Email: [email protected]
From: Robin Toth [mailto:[email protected]] Sent: Friday, May 26, 2017 1:47 PM To: Charlie Hunsicker Cc: Jayne Roberts Subject: BCC Mtg 4/25/17: Item 31, Board of Trustees of the Internal Improvement Trust Fund - Robinson Preserve Expansion, Phase IIB Hi there, I have the fully executed Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, Sovereignty Submerged Lands Easement, which needs to be recorded in public records of the Courthouse. The cover Memo from you Charlie instructs the document recording fees be charged to 0010012800; however, the I need the actual AR# in order to charge the recording fees to the correct account. Please provide the AR#, which should start with a 7. Once recorded, I will forward you a recorded copy . Thank you, Robin Toth Board Records Deputy Clerk for Angelina Colonneso Clerk of Circuit Court and Comptroller www.manateeclerk.com [email protected] 941-741-4018, Ext. 4018 "Pride in Service with a Vision to the Future"
Florida has a very broad Public Records Law. This agency is a public entity and is subject to Chapter 119 of the Florida Statutes, concerning public records. E-mail communications are covered under such laws & therefore e-mail sent or received on this entity's computer system, including your e- mail address, may be disclosed to the public or media upon request.
From: William Clague To: Michael Elswick Cc: Mitchell Palmer; Kate Zamboni; Charlie Hunsicker; Juliet Shepard Subject: Easement for Sovereignty Submerged Lands; RLS-2017-0150 Date: Tuesday, March 21, 2017 9:16:29 AM Attachments: Sovereignty Submerged Lands Easement - CAO Comments dtd 3.21.17.pdf
December 2016 contract sig block.doc
Michael: Pursuant to the above Request for Legal Services you have asked this office to review an easement for sovereignty submerged lands (“Easement”) from the Board of Trustees of the Internal Improvement Trust Fund, processed through the Florida Department of Environmental Protection (“FDEP”). The Easement is required in order to establish a flushing channel for Robinson Preserve pursuant to a permit from FDEP. I provide the following comments in response to the RLS:
1. The Easement follows a standard FDEP form that this office has found acceptable in past transactions. Because FDEP is reticent to make changes to its standard form, I have limited my comments to changes necessary from a legal standpoint.
2. Attached are marked pages reflecting my comments.
3. Also attached is a Word version of the County’s standard signature block, proscribed by Florida Statute 125.411.
4. A review of the legal description and the property records available on the County’s GIS system indicates that the Easement area will touch the shoreline of the County’s Robinson Preserve property, such that the County has the requisite riparian rights required pursuant to Section 17 of the Easement and the regulations referenced therein.
5. I note that, pursuant to FDEP’s standard practice, the Easement incorporates by reference
the FDEP permit conditions which have not been submitted to this office for review. I express no opinion as to the business judgment of submitting to those conditions or the business terms of the Easement.
Subject to the incorporation of my suggested changes, I have no objection from a legal standpoint to the Easement being scheduled for approval by the Board. This concludes my response to the RLS. Please contact me if you have any questions or concerns. Bill Clague Assistant County Attorney Manatee County, Florida ph. 941-745-3750 fx. 941-749-3089 [email protected]
By: its Board of County Commissioners
By:
Chairperson
Date: