Backup Documents 05/22/2018 Item #16A6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 6
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.
**NEW** ROUTING SLIP :tom 2q
Complete routing lines#1 through#2 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 s
4. BCC Office Board of County
Commissioners c0/3j g ve .41-
5. Minutes and Records Clerk of Court's Office
Y ALJ 612-41r6 3:2-R tAAA
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 Lucia S.Martin Phone Number Ext.2279
Contact/ Department
Agenda Date Item was May 22,2018 Agenda Item Number 16.A.6 ve/
Approved by the BCC
Type of Document Easement Use Agreement Number of Original 1
Attached Documents Attached
PO number or account
number if document is GMD: 131-138327-649030
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) Ap l le)
1. Does the document require the chairman's original signature? hvt
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 LM
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 LM
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 LM
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip .11 ` i�
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 5-22-18 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.
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.
ie' £-6S-- O3 7 :' S-
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
INSTR 5563802 OR 5515 PG 2711
RECORDED 5/31/2018 11:50 AM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
DOC@.70$0.70 REC$35.50 1 6 A 6
EASEMENT USE AGREEMENT
THIS EASEMENT USE AGREEMENT ("Agreement") is made and entered into this
;3.4\1 day of Nq , 2018 by and between 711 Bobwhite Lane, LLC (Owner) and the
Collier County Bo r of County Commissioners ("County"), a political subdivision of the state of
Florida.
RECITALS:
WHEREAS, 711 Bobwhite Lane, LLC is the record owner of the fee simple interest in and
to that certain parcel of real property known as Site 56,Block A, Pelican Bay Unit One, according
to the plat thereof as recorded in Plat Book 12 Pages 47-52 of the Public Records of Collier County,
Florida, more specifically shown on Exhibit"A." ("Subject Property"); and
WHEREAS, pursuant to that certain plat of Pelican Bay Unit One, of the Public Records
of Collier County, Florida, and by virtue of Collier County Resolution No. 90-335,the County has
a property interest in the ten foot wide Pelican Bay Improvement Drainage Easement ("PBDE")
and the six foot wide Drainage Easement ("DE") located on the Subject Property; and
WHEREAS, a privacy fence has been installed along the northern property line of the
Subject Property, resulting in a one-half foot(0.5) encroachment into the PBDE and a six foot (6)
encroachment into the northernmost portion of the DE, as shown on Exhibit "A"
("Encroachment"); and
WHEREAS,the County has no present objection to the continued use of the Encroachment
within the PBDE and DE,provided that Owner agrees to the terms and conditions set forth below.
The current owner did not purchase the home with the Encroachment in place; and
WHEREAS,the parties to this Agreement have reached certain understandings with regard
to the Encroachments and now desire to set forth their understanding in writing for recordation.
NOW THEREFORE,for and in consideration of the Recitals,the sum on 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 County hereby expressly consents to the Encroachment into the PBDE and DE
depicted on Exhibit"A."
2. Owner shall provide the County whatever access they require to continue their
drainage easement rights.
3. The County agrees that until otherwise notified, Owner may continue the use of the
Encroachment within the PBDE and DE,to the extent shown on Exhibit A. The County retains the
right, however, in its sole discretion, to demand by written request that the Encroachment be
[18-PEL-00086/1403836/1] 1
7/14/16
1 6 A 6
removed from the PBDE and DE, which Owner will do at its sole cost and expense within a
reasonable time from receipt of such request.
4. Indemnification of County: Owner agrees for themselves and successors and
assigns that they shall release, indemnify and hold the County harmless for and against any and all
obligations,claims,liabilities,expenses and/or fees(including reasonable attorney's fees and court
costs) including personal injury or property damage arising out of the use of the PBDE and DE by
Owner, their respective contractors, agents, employees or invitees at any time while the
Encroachment remain within the PBDE and DE. Further, Owner for themselves, successors and
assigns agrees to release and hold the County harmless from and against any and all obligations,
claims, liabilities, expenses and/or fees (including reasonable attorney's fees and court costs)
including personal injury or property damage arising out of the use of the PBDE and DE by the
County, including but not limited to, damage which may occur to the Encroachment during the
normal operation, maintenance, repair and/or replacement, as applicable, of the PBDE or DE
and/or the improvements and/or the infrastructure, which may now or in the future be located
within the PBDE or DE.
5. Binding Effect: This Agreement shall be binding upon the parties hereto, their
respective heirs, successors and assigns forever.
6. Governing Law: This Agreement shall be governed by the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Easement Use Agreement
to be executed as of the day, month and year as first above written.
Signed, Sealed and Delivers
In the presence of:
Witnesses:
711 Bobwhite Lane, LLC
c41-147 By:r"-:A4 /r...1114.,
Si nature ChristopheA. Roche, Manager
Print Name
S._ ature
Print Name
[18-PEL-00086/1403836/1] 2
7/14/16
C
1 6 A 6
Attest: BOARD OF ' S COME 4•'?.. ERS
DWIGHT BROCK,Clerk COLLIE' OU► Y, - _! '.)P • /
7i ` M� By: A
A c ! t as to Chairman ;wD:mg-Pr ANDY SOLIS, Chairman
signature only., ;
Appro ed as to orm and legality:
Scott A. Stone
Assistant County Attorney
[18-PEL-00086/1403836/1] 3
7/14/16
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_ ____ ____ _ _________ __
•_•
. ______
Exhibit A