Backup Documents 06/14/2016 Item #16A 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO l
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#2 as appropriate for additional signatures,dates,and/or information needecT. 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
(,/,,7, L,
4. BCC Office Board of County Ki
Commissioners ! I r - - )b
5. Minutes and Records Clerk of Court's Office ( 111k) qi :3YA
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 missing information.
Name of Primary Staff John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date Item was June 14,2016 % Agenda Item Number 16-A-5
Approved by the BCC
Type of Document Easement Use Agreement(Wright) r,/ Number of Original One
Attached Documents Attached
PO number or account
number if document is I
P\
to be recorded
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? \NW 04, A
2. Does the document need to be sent to another agency for additional signatures? If yes, n/a
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 June 14,2016 and all changes made
during the meeting have been incorporated in the attached document. The County l
Attorney's Office has reviewed the changes,if applicable. �►
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
16A5
INSTR 5280598 OR 5285 PG 3956
RECORDED 6/21/2016 12:27 PM PAGES 5
DWIGHT E BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
DOC .70$0.70 REC$44.00
RIGHT OF WAY EASEMENT USE AGREEMENT
THIS RIGHT OF WAY EASEMFNT USE AGREEMENT ("AGREEMENT') is
made and entered into this 4-43'd ay of AL, , 2016 by and between Kara Wright
("Wright") and Collier County ("County"), a political subdivision of the state of Florida,
RECITALS:
f
WHEREAS, Wright is the record owner of the fee simple interest in and to that
certain parcel of real property (the "Subject Property") known as Lot 16, Block B, Rock
Harbor, as depicted on Plat Book 1, Page 84, recorded in the Official Records of Collier
County, Florida(the "Plat"), more specifically shown on Exhibit `A'; and
WHEREAS, the Subject Property is adjacent to that certain road right-of-way known
as Harbor Road, as depicted on the Plat; arid
WHEREAS, the County acquired a public right of way easement interest in Harbor
Road (the "Road Easement") by virtue of the Plat, which dedicated all roads to the
perpetual use of the public. Unless a different intention is expressed, a dedication by way
of plat results in the creation of an easement for the County, to be held in trust for the
public at large for the purposes shown on the plat; and
WHEREAS, the parties agree that Wright owns the underlying fee simple title from
the edge of the Subject Property to the centerline of Harbor Road, but may only use the
right of way in a manner that is not inconsistent with the purpose of the Road Easement
as a public right of way; and
WHEREAS, Wright desires to use the Road Easement solely to install and maintain a
new permanent fence that will connect to the fence on the Subject Property, resulting in
an encroachment into the Road Easement, as shown on Exhibit `B' (the
"Encroachment").
WHEREAS, the County has no present objection to the use of the Encroachment
within the Road Easement, provided that Wright agrees to the terms and conditions set
forth below.
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.
4/19/16
16A 5
2. The County shall have unlimited access to the Road Easement, and Wright will
not use the Road Easement in any manner that is inconsistent with its purpose as a
public right of way, except for the approved Encroachment as described in this
Agreement.
3. Wright, at their sole cost, expense and risk, may install and maintain the
Encroachment within the Road Easement to the extent shown on Exhibit B,
provided it does not impair the County's use of the Road Easement. The County
retains the right, however, in its sole discretion, and with or without cause, to
demand by written request that the Encroachment be removed from the Road
Easement, which Wright will do at their sole cost and expense within a reasonable
time, but not later than 60 days from from receipt of such request. Any and all
improvements relating to the Encroachment located within the Road Easement at
the end of the 60 days shall be deemed to have been abandoned by Wright and
may be removed and disposed of by County.
4. Wright shall indemnify and save harmless the County, including all employees of
the County, from any loss or damages the County may suffer as a result of claims,
suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or
judgments, including attorneys' fees and costs of litigation, against the County
arising out of Wright's use of the Road Easement for the purposes set forth in this
Agreement.
5. This Right of Way Easement Use Agreement shall be recorded in the Public
Records of Collier County, Florida, at Wright's 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 caused this Right of Way Easement
Use Agreement to be executed as of the day, month and year as first above written.
Signed, Sealed and Delivered
In the presence of:
Wit,esses V
4111 \44'01),CL 14 )1-Y +
Kara Wright
frig)AA
Print Name
1\1\00'r e,
Print Name
4/19/16
11)
16 A 5
ATTEST "` COLLIER COUNTY BOARD
Dom" r4,,10.47:C1 ,4144- OF LINTY CO MISSIONERS
'I y: m`:, r . Donna Fiala, Chairman
Date: Attest as to Chairman's
signature oply.
Ap 'roved a• to torm and legality
111 ,,ky/a9/iI
Scitt A Stone, Assistant County Attorney
4/19/16ID
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