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Backup Documents 07/09/2019 Item #16A10 Mo lo4ec - 1--1-2,--tel ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A10 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 A.ltorney 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 IGII�� 4. BCC Office Board of County w�� Commissioners \n4. ( / \k )\,,e: 5. Minutes and Records Clerk of Court's Office P6 11 i k =22Ph-' 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 Marcus L. Berms ,P.S.M. Phone Number 239.252.6885 Contact/Department Agenda Date Item was 7/09/2019 Agenda Item Number 16.A.10 Approved by the BCC Type of Document Easement Use Agreement/ Number of Original Attached Recording fees Documents Attached PO number or account number if document is /� to be recorded i0 .00 kirCer; estt.Q� INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? S p,. '10ttB- 2. Does the document need to be sent to another agency for additional signatures? If ytss, 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 signed by the Chairman, with the exception of most letters,must be reviewed and signed MLB by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's MLB 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 MLB 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 MLB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A 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 July 9,2019 and all changes made MLB ° .1 0.; t during the meeting have been incorporated in the attached document. The County e 'yo-,;!)p, t:4i 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 th-_ Iv ,,, ,:,1-)r xro Chairman's signature. .n.:. .,14-, i '-' 1, _ - 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 16 A10 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday,July 25, 2019 3:03 PM To: BermanMarcus Subject: July 9, 2019 Item#16A10 Attachments: Backup Documents 07_09_2019 Item#16A10.pdf Hi Marcus, A (recorded) copy of Itevv► #16A10, from the July 9, 2019 13CC Meeting is attached for your records. Thank you Ann Jennejohn BMR Senior Deputy Clerk r Clerk to the Value Adjustment Board Office:239-252-8406 Fax:239-252-8408(if applicable) Ann.Jennejohn@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail,Suite#401 Naples, FL 34112-5324 www.CollierClerk.com 1 til INSTR 5741016 OR 5653 PG 1408 RECORDED 7/18/2019 11:05 AM PAGES 5 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@.70$0.70 REC$44.00 CONS$10.00 EASEMENT USE AGREEMENT This EASEMENT USE AGREEMENT ("Agreement") is made as of this 3 day of LL c - , 2019, by and between Donald L. Viehmann and Philippa A. Viehmann ("Owners"), and the Collier County Board of County Commissioners ("County"), hereinafter collectively referred to as the "Parties." RECITALS: WHEREAS,DONALD L. VIEHMANN AND PHILIPPA A. VIEHMANN are the current fee owners of that certain real property known as Lot 8, Block A, CORINTHIAN GARDENS AT WORLD TENNIS CENTER, according to the Plat thereof recorded in Plat Book 18, Pages 58 through 62, inclusive, of the Public Records of Collier County, Florida (hereinafter "Subject Property"); and WHEREAS, as set forth in Plat Book 18, Page 58, the County and WTC Community Association, Inc. are the record owners of certain maintenance easement rights, as referenced in the Plat dedications, (collectively, the "Easements"), a portion of which encumbers the Subject Property (hereinafter"Easement Area"); and WHEREAS, World Tennis Club, Inc., successor by merger to WTC Community Association, Inc. ("WTC"), has granted a Release of Easement to Owners, which was recorded in the Public Records of Collier County, Florida at OR Book 5593, Page 2779 on January 29, 2019, in which Release of Easement WTC released and discharged all right, title, interest, claim and demand under the Easement. WHEREAS, the Easement Area is managed and maintained by the Owners; and WHEREAS, a pool deck, screen enclosure and pool have been constructed on the Subject Property resulting in a 14.8-foot encroachment into the Easement Area along the rear property boundary line, as shown on the survey attached hereto as Exhibit A (the "Encroachment"); and WHEREAS, the County has no present objection to the continued use of the Encroachments within the Easement Area,provided that Owners agree to the terms and conditions set forth below; and NOW, THEREFORE, in consideration of the sum of$10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein. 2. Owners will provide the County whatever access they require to continue their maintenance easement rights. 3. Owners will continue to manage and maintain the Easement Area at their sole cost and expense. [19-EIS-04041/1479440/1] 1 C 16A10 4. The County agrees that until otherwise notified, Owners may continue the use of the pool deck, screen enclosure and pool within the 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 Encroachments be removed from the Easement Area, which Owners will do at their sole cost and expense within a reasonable time from receipt of such request. 5. Owners 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 Easement Area by the Owners, their respective contractors, agents, employees or invitees at any time while the Encroachments remain within the Easement Area. Further, Owners 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 Easement Area by the County, including but not limited to, damage which may occur to the Encroachments during the normal operation, maintenance, repair and/or replacement, as applicable, of the Easement Area and/or the improvements and/or the infrastructure, which may now or in the future be located within the Easement Area. 6. 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. r 7. This Agreement shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Easement Use Agreement 1 as of the date first above written. WITNESSES: 1, , f .V f t��d t. y' W6lw— (Signat e 4 _,,, /7//// 11)0NALD L. VIEHMANN Print I•ameriel /61 Ce • � (Signature) s Print Name: /GHR2 'J KL(A(c ,&J L 0 ., [19-EIS-04041/1479440/1] 2 GNU 16A1 © STATE OF FLORIDA COUNTY OF COLLIER The foregoing Easement Use Agreement was acknowledged before me, the undersigned authority, on this 3 day ofdu , 2019, by DONALD L VIEHMANN who ( ) is personally known to me or has ( ) produced FlOctcici Vers Li Ceti S Q as identification. Pi/o, x NKLUK W1CZ Notary Public/State o rids (SEAL) 2°+ '' " CommissiontGG221m q Lykes June 7,2022 Name: Kf1R>✓iJ l-LL 1E cJ t C Z low Ito°rdpatN11 yS0nt" My Commission expires:.)wr1s.—1 r Z02Z PL1,1.4 A . v 1,4-r\-11/1 (Sigrfature) PHILIPPA A. VIEHMANN Print N e ,9y/Q/Gf " ,�7� � r (Signature) Print Name: k A - k STATE OF FLORIDA COUNTY OF COLLIER The foregoing Easement Use Agreement was acknowledged before me, the undersigned authority, on this 3 day of , 2019, by PHILIPPA A. VIEHMANN who ( ) is personally known to me or has ( ) producedF jn�;da 17r,�/¢rs L cen5,2, as identification. • Notary Public/Ste e of Florida (SEAL) 1t�Y Pp KAREN KLUKIE'MCZ �,.•eif, Name: C z. Conun an tGG 721773 ExpiresJune7,2o22My Commission expires:Ju-u 1, 2-0''•0F,p40. . eoraednrredpetNary Swim [19-EIS-04041/1479440/1] 3 (1'7) 16A10 ATTEST: ,,r).= f'`''k,:., ,., CrystalX9King,el, Clerk0.ofthe BOARD OF COQ; COMMISSIONERS Circuito ,ic , tro er COLLIER O I ,�Y, FLORIDA r ,.D :G y Clerk Wild. L. 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