Backup Documents 03/10/2015 Item #16A 1 6 A
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines#1 through 42 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
f/18
4. BCC Office Board of County
Commissioners 4-> 3V2.\4c
5. Minutes and Records Clerk of Court's Office
51‘01Y5' c : S
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or issing information.
Name of Primary Staff John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date Item was March 10,2015 Agenda Item Number 16-A1
Approved by the BCC
Type of Document Agreement/Easement Encroachment Number of Original One
Attached `` `` Documents Attached
PO number or account C .,1. ^exc �, �O%2\A„s‘. 4:::
number if document is
to be recorded e, k_r_forA th `y, r-ref c"
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JH
2. Does the document need to be sent to another agency for additional signatures? If yes, JH
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on March 10,2015 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes, if applicable. S t t
{ s�
9. Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I: Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A1
MEMORANDUM
Date: March 12, 2015
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Easement Use Agreement w/Fontdevila
Attached for Recording is the original document as referenced
above, (Item #16A1) approved by the Board of County Commissioners on
March 10, 2015.
Once Recorded please return the Original back to the Minutes &
Records Department to be kept in the Board's Official Records.
If you need anything further, please feel free to contact me at 252-8411.
Thank you.
Attachment
16A1
EASEMENT USE AGREEMENT
THIS EASEMENT USE AGREEMENT("AGREEMENT") is made and entered into this
\4 'day of Me rc n , 2015 by and between Alfonso and Diane Fontdevila (Fontdevila)
and Collier County ("County"), a political subdivision of the state of Florida, hereinafter
collectively referred to as"Parties".
RECITALS:
A. Alfonse and Diane Fontdevila are the record owners of the fee simple interest in
and to that certain parcel of real property known as Lot 12, Candlewood Two as
recorded at Plat Book 26, Page 34 of the Public Records of Collier County,
Florida, (hereinafter the "subject property").
B. Pursuant to that certain plat of Candlewood Two, recorded at Plat Book 26, Pages
34 - 35, of the Public Records of Collier County, Florida, (the "Plat"), the County
is record owner of certain non-exclusive drainage easement rights, a portion of
which encumbers the Subject Property(hereinafter the"Easement Area").
C. The Easement Area is managed and maintained by the Candlewood Resident's
Association, Inc., who consent to the encroachment.
D. Alfonse and Diane Fontdevila wish to re-screen their swimming pool deck, which
encroaches 2.3 feet into the 25 foot drainage easement along the northerly
boundary line of Lot 12, and as shown on Exhibit `A', (the "Encroachment"). The
County previously approved the enclosure in 1996 (SCCG-9600013568).
E. The drainage easement contains a swale which conveys a portion of lot storm-
water runoff. The swale will continue to function as designed. There are no other
improvements within the easement.
F. The parties to this Agreement have reached certain understandings with regard to
the encroachment and now desire to set forth their understanding in writing for
recordation
NOW THEREFORE, for and in consideration of the Recitals, the sum of TEN
DOLLARS ($10.00) and for other good and valuable consideration the receipt and
sufficiency of which are hereby expressly acknowledged, the parties hereto agree as
follows:
1. The above recitals are true and correct and are incorporated herein.
C:J
1
2. Fontdevilas will provide both the County and the Homeowner's
Association whatever access they require to continue their non-exclusive drainage
easement and maintenance easement rights and further agrees to waive any claim of
damage to the encroaching pool deck arising out of either the County's and Homeowner's
Association's maintenance activities within the Easement Area, whether such damage is
intentional or unintentional.
3. The County agrees that until otherwise notified, Fontdevilas may continue
the use of the pool deck within the Easement Area. The County retains the right,
however, in its sole discretion, to demand by written request that the Encroachments be
removed from the Easement Area, which Fontdevils will do at their sole cost and expense
within a reasonable time from receipt of such request.
4. This Easement Use Agreement shall be recorded in the Public Records of
Collier County, Florida, at Fontdevilas sole cost and expense. This Agreement is
intended to bind the Parties, together with their respective successors, assigns and heirs.
IN WITNESS WHEREOF, the parties hereto have executed this Easement Use
Agreement as of the date first above written.
Signed, Sealed and Delivered
In thepresence o • --
idi.
__ .
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-- .„.„--
4,70/di
lfonso Fontdevila,„ ,, ,,,,, , _
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Print Name
Al Al
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N) '
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Print ame Diane Fontd la
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16A1
,TEST: itzx COLLIER COUNT B COMMISSIONERS
BY:
y TIM NANCE, CHAIRMAN
J �
Da test as'to Ch airman,s
siOnatuire*nly.
Ap oved as t form and legality:
By: Scott A. Stone,
1130AS
Assistant County Attorney
CA
N,88`21/52`E. 118.00' NI,. L
10' Landscape uffer Easement `
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Radius=
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Radius= 72.00
0, D,E. ■ %� 4.0x4.5' Del to=
2 \ ,31.9'' F.P.& L. 39°27'08'
/ Transformer Arc= 49.58.
10� �'E' / Pad Tangent= 25.82
Choral= 48,60
(2)
Chord Brg, S 89.02'Zc
(1)
CORBEL DRIVE
TRACT "R"
•
)press/Egress Easement & C,U,E,
X1.3.;, o
---."--..„. N.. FLOOD ZONE INFORMATION
FLOOD ZONE: X
COMMUNITY: 120067 RECOI
PANEL 0159 D
DATE: JUNE 3, 1986
IA
Eok.litti , R
R*+ ckv(s. i,i _cL- (A-A
pf3i. ao (Li 1 ) 3-S-i
Candlewood H Homeowner's Association, Inc. 1 6 A 1
558 Corbel Dr.
Naples, Fl 34110
January 25, 2015
Collier County Development Review
2800 North Horseshoe 1)r
Growth Management Division
To Whom It May Concern,
s
approved Candlewood II Homeowner's Association is aware thatissuenctihdeFroewas
sntwdevila hovmeedwbay
the
built in 1996 with a pool and screen enclosure. Th
county at the timeof construction. We areawartehatthamtatthcheeFsotnhtededvriilgainfearmsily is
replacing the original screen enclosure with one
dimensions. We have been informed of the easement agreement and have no issue
with the matter.
Sincerely,
Diane Ackerman, Vice-President
Artn Treasurer
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