Backup Documents 09/10/2019 Item #16A41 V ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
1 6 A 4 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
lk O\k�E BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
•
Print on pi k 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
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 gr
4. BCC Office Board of County
Commissioners tib./ 9.VlAlc
5. Minutes and Records Clerk of Court's Office q / it/6 3:)-r(rr'
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 9/10/2019 Agenda Item Number 16.A.41
Approved by the BCC
Type of Document Easement Use Agreement Number of Original 1
Attached Documents Attached
PO number or account 131-138327-649030
number if document is
to be recorded0.z
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, 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 September 10,2019 and all changes MLB
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 - D
BCC,all changes directed by the BCC have been made,and the document is ready for t.-
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
INSTR 5765313 OR 5673 PG 2379
RECORDED 9/13/2019 12:07 PM PAGES 5
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
DOC@.70$0.70 REC$44.00 INDX$2.00
CONS$10.00
EASEMENT USE AGREEMENT 1 6 A 41
This EASEMENT USE AGREEMENT ("Agreement") is made as of this 10 -in.day of
.x-2019, by and between Steven & Darla Sachetta ("Owner"), and COLLIER
COUTY ("County"), hereinafter collectively referred to as the "Parties."
RECITALS:
WHEREAS,Steven & Darla Sachetta are the current fee owners ofthat certain parcel ofreal
property known as Naples Mobile Estates (now Cape Sable Lakes), Block A, Lot 32,according to
the plat thereof as recorded in Plat Book 10, Page 91 of the Public Records of Collier County,
Florida, more specifically shown on Exhibit"A" ("Subject Property"); and
WHEREAS, as set forth in Plat Book 10, Page 91, the County is record owner of certain
non-exclusive Drainage & Utility Easement rights, a portion of which encumbers the Subject
Property ("Easement Area"); and
WHEREAS, the Easement Area is managed by the property owner; and
WHEREAS, a set of concrete steps have been constructed on the Subject Property,
resulting in a3-foot encroachment into the 15-foot wide Drainage and Utility Easement along the east
side of the Subject Property, as shown on Exhibit"A" ("Encroachments"); and
WHEREAS, the County has no present objection to the continued use of the
encroachments within the Drainage and Utility Easement Area, provided that Owner agrees to the
terms and conditions set forth below; 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 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.
2. The County hereby expressly consents to the Encroachments into the Easement
Area depicted on Exhibit"A".
3. Owner shall provide the County whatever access they require to continue their non-
exclusive drainage easement rights.
4. The County agrees that until otherwise notified, Owner may continue the use of the
Encroachments 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
Page 1 of 4
16A41
removed from the Easement Area, which Owner will do at its sole cost and expense within a
reasonable time from receipt of such request.
5. 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 Easement Area by the Owner,
their respective contractors, agents, employees or invitees at any time while the Encroachments
remain within the Easement Area. 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 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.
7. This Agreement shall be governed by the laws ofthe State ofF lorida.
IN WITNESS WHEREOF,the parties hereto have caused this Easement Use Agreement to
be executed as ofthe day,month and year as first above written.
Witnesses: , OWNER
/ .'i /, /Ad
Si:nature - Steven D. Sachetta
Ii • V '11 /, • 6`
Print Name
ature
J6aaina— LOCO 10
Print Name
Page 2 of 4
CAO
16A41
STATE OF FLORIDA Cotorc..Ao
COUNTY OF COLLIER 1--4-41
The foregoing Easement Use A�re�em� ent was acknowledged before me, the undersigned
authority, on this Qt-) day of c Jl.) y- 2019, by S - 'en P. Sachetta who ( ) is
personally known to me or has ( roduced VL_ as '. --
(SEAL) Notary Public/State of -itta vto re-A0
STERLING KYLE FARNSWORTH Name: 2rt,w� k,e_QA.sw A
NOTORY PUBLIC
STATE OF COLORADO My Commission expires:
NOTARY ID 20184031897
MY COMMISSION EXPIRES 08/09/2022
Witnesses: OWNS
fr-fiR-74/4A/'
e Darla J. Sach: a lPri t Name
x/v/1/6, N:(//-1,76)-A,
AMP
Signature
ciCanincil LA.)ce.co
Print Name
STATE OF FLORIDA C 1O( S O
COUNTY OF COLLIER 1-1-
The foregoin Easement Use Agr ement was acknowledged before me, the undersigned
authority, on this 2V day of U'2_, 2019, b . Sachetta who ( ) is
personally known to me or has ( oduced ���
STERLING KYLE FARNSWORT
(SEAWOTARY PUBLIC - Notary Public/State of florida C ocCSAO
STATE OF COLORADO
NOTARY ID 20184031897 Name: 5kft _, A KC. 41
MY COMMISSION EXPIRES 08/09/2022
My Commission expires: .all 90D2_
Page 3 of 4
rpt:
- 1 6A41
ATTEST 7 BOARD OF COUNTY COMMISSIONERS
CR,V§TAL WK,INNZEL, CLERK COLLIER CO ► - ORIDA
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"`c"-i - * ,/ eputy Clerk Wi/ am L. McDaniel, Jr., Chaman
App10 ,,i' ,corm and legality:
. y 7Ashkar
Assistant County Attorney
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Page 4 of 4
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