Backup Documents 09/11/2018 Item #16A22 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI C1-114-1
TO
1-114-
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 6 A 2 2
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 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 1//
4. BCC Office Board of County
Commissioners `-1\\3\\q'
5. Minutes and Records Clerk of Court's Office /1'5118
a-:.S-fpr-‘
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 September 11,2018 Agenda Item Number 16-A-22
Approved by the BCC
Type of Document Easement Use Agreement -Landings at Number of Original One
Attached Bears Paw Lot#1 Documents Attached
PO number or account Cheffy-Passidomo Law Office to pay
number if document is recording fees account with Clerk
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? n/a
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
signed by the Chairman, with the exception of most letters,must be reviewed and signed JH
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 September 11,2018 and all changes I i
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable. Ove
�
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.
erx
i — EiS— c ,3S68
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
16A22
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Wednesday, September 26, 2018 12:00 PM
To: JohnHouldsworthVEN
Subject: Item#16A22 (9-11-18 BCC Meeting)
Attachments: Item#16A22 (9-11-18 BCC Meeting).pdf
Hi John,
A copy of (recorded) Item #16A22,
frowt the q-11-1s BCC Meeting;
the Easement Use Agreement for
Landings at Bear's Paw Lot #1,
is attached for your records.
Thank you!
Ann Jennejohn, Deputy Clerk
Board Minutes & Records Department
Collier County Value Adjustment Board
23 q-252-8406
16A22
INSTR 5612459 OR 5553 =AND
•
RECORDED 9/14/2018 2:0AGES8CLERKOF THECCUIT COMPTROLLER
COLLIER COUNTY FLORIDA
DOC t@.70$0.70 REC$69.50 INDX$2.00
EASEMENT USE AGREEMENT
THIS EASEMENT USE AGREEMENT ("AGREEMENT") is made and entered
into this i� ' day of 5t, +..M160; 201 g, by and between Michael J. Trim and Katrina J.
Trim, husband and wife ("Owner"), Landings at Bear's Paw Homeowner's
Association, Inc., a Florida non-profit corporation ("Association") and Collier
County Board of County Commissioners ("County"), a political subdivision of the
state of Florida.
RECITALS:
WHEREAS, Owner is the record owner of the fee simple interest in and to that
certain parcel of real property known as Lot 1, Landings at Bear's Paw, according to the
Plat thereof as recorded at Plat Book 56, at Pages 5 and 6, of the Public Records of
Collier County, Florida, more specifically shown on the survey attached hereto as Exhibit
"A" and incorporated herein by reference (the "Subject Property"); and
WHEREAS, pursuant to that certain plat of Landings at Bear's Paw, recorded at
Plat Book 56, at Pages 5 and 6, of the Public Records of Collier County, Florida (the
"Plat"), the County is record holder of that certain non-exclusive twenty foot (20') wide
drainage easement, a portion of which encumbers the Subject Property (the "Subject
Property Easement Area"); and
WHEREAS, the non-exclusive drainage rights encumbering the Subject Property
Easement Area is managed and maintained by the Association; and
WHEREAS, a tiled pool deck has been constructed on the Property which
encroaches approximately one and one half feet (1.5') into the Subject Property Easement
Area, as shown on Exhibit "A," and incorporated herein by reference (the
"Encroachment"); and
WHEREAS, Owner purchased the Subject Property with the Encroachment in
place and the County has no present objection to the construction of the Encroachment
within the Subject Easement Area, provided that Owner agrees to the terms and
conditions set forth below; and
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WHEREAS, 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 County and the Association hereby expressly consent to the Encroachment
into the Subject Property Easement Area depicted on Exhibit"A."
2. Owner will provide both the County and the Association whatever access they
require to exercise their non-exclusive drainage easement rights.
3. The County agrees that until otherwise notified, Owner may continue the use of
the Encroachment within the Subject Property Easement Area, 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 removed from the Subject Property Easement
Area, which Owner will do at its sole cost and expense within a reasonable time from
receipt of such request.
4. Owner agrees for itself 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 Subject
Property Easement Area by Owner or Association, their respective contractors, agents,
employees or invitees at any time while the Encroachment remains within the Subject
Property Easement Area. Further, Owner for themselves, successors and assigns agree 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 Subject
Property Easement Area 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 Subject Property Easement Area and/ or the
improvements and/ or the infrastructure, which may now or in the future be located
within the Subject Property Easement Area. This Easement Use Agreement shall be
recorded in the Public Records of Collier County, Florida, at Owner's sole cost and
expense. This Agreement is intended to bind the Parties, together with their respective
successors, assigns and heirs.
5. Headwaters Development Limited Partnership, a Florida limited partnership
("Headwaters"), has joined in this Agreement to acknowledge and agree that it shall
indemnify and hold Owner harmless for any and all obligations, claims liabilities, loss,
damage, costs and expenses, including reasonable attorneys fees and court costs, that
[10916-0025/2785633/1]6
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16A22
Owner may suffer in connection with the removal of the Encroachment, and/or arising
from any or all of Owner's obligations to the County under paragraph 4 above.
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 Delivered ASSOCIATION:
In the presence of:
Landings at Bear's Paw Homeowner's Association,
Inc., a Fl 'da non-profs c p ration,
Witn sses:
1 iBerl Pitts s authorized agent
kat Y- g
P 'nt Name
AI— , 19
A.r.2416,
r
Print Name
Signed, Sealed and Delivered HEADWATERS:
In the presence of:
Headwaters Development Limited Partnership, a
Florida limited partnership,
Witn: ses
By: Headwaters, Development, Inc., a Florida
1IS corporation j ts{General Partn.r, ,r
Se)
6
P int Name By: / ,4 A.tj 4W
b-r y Pitts, Vic, ' - ident
Lcsk. C;roLA(k;
Print Name
[10916-0025/2785637/1]6
9/18/15
16A22
STATE OF - pS\C.0., )
COUNTY OF Cfo\\v ' )
The oregoing instrument was acknowledged and witnessed before me this L Dy of
JI
, 2017, by Kimberly Pitts, as authorized agent of Landings at
Bear's Pa' Homeowner's Association, Inc., a Florida non-profit corporation, and as
Vice President of Headwaters Development, Inc., a Florida corporation, General
Partner of Headwaters Development Limited Partnership, a Florida limited
partnership, who is personally known to me or who has produced
as identification.
I am a commissioned notary public of the State of F 3RCkct. and my
commission expires cj-a-a-17 .
dr 0 XV"
i A RY PUBLIC
Y : USA CROWBRIDGE Name:
*: ? MY COMMISSION#FF 028436 (Type or Print)
EXPIRES:September22,2017
[affix seal] ' R;tsv Bonded Thru Neteiy Pubic Underwriters My Commission Expires:
[10916-0025/2785637/1]6
9/18/15
1 6 A 2 2
Signed, Sealed and Delivered OWNER:
In the presence of:Witnesses as to
0')both•
Michael J. im
14eAbh /
Print Name
Katrina J. Trim
4 a tukcf.e_ rder)as
•-•••7—s-a mek La'rolicivs
Print Name
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing instrument was acknowledged and witnessed before me this 4th day of
October, 2017, by Michael J. Trim and Katrina J. Trim, husband and wife, who o are
personally known to me or who have produced driver's licenses as identification.
I am a c mmissioned notary public of the State of Florida and my commission
expires 4 i z 1 Da l •
4 d IdetaS
NOTARY PUBLIC
a•'" ", ,, JANET CARDENAS Name:
a •s MY COMMISSION#GG 074674 (Type or Print)
$x xi EXPIRES:April 21,2021
[affix seal] 44:410, Bonded ThruNavy Pubic unddwribers My Commission Expires:
[10916-0025/2785633/1]6
9/18/15
0
i 6 A 2 2
ATTEST: COLLI CO TY BOA'
OFCP C: , , ,, :• • ,' . S
b- 4. '
,c , , , , -:.,.. i ( .e , _
.....
[;y: Crystal ICA nz.4 1S Andy Solis, Chairman
Cler11 ' 41'101 our and
Co i t . n4*-,'
el — 1 Lf:WI:
Date:
Approved as to form and legality
( ,---;------ s---------
` AA 1(3f/is
Scott Stone, Assistant County Attorney
[10916-0025/2785637/1]6
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16A22
EXHIBIT "A"
ENCROACHMENT DETAIL
PLATTED 20.0' D.E. AND I.E.
10r-
•
00" FENCE CORNER IS 3.26' PLATTED 10.0' C.U.E.
WEST AND 1.24'NORTH
OF PROPERTY CORNER
vN89°46'31"E ''71 .64' r FENCE CORNER 0.68'
^ EAST OF PROPERTY LINE
V cc
4.53'
bEXISTING in "'
17.14'
4 POOL 2.04' 5.10'
ry
I 19.14` is j
—FENCE CORNER IS
'� TILED POOL ON PROPERTY LINE
2.10' DECK w
Gs
7.99' CD
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8.95' N 7.77 Ice,
COVERED rn Ni
10. ' os
to
37.75' f ii 4'X 4' PAD FOR
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PAGE 768 OFFICIAL RECORDS
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