Loading...
Backup Documents 11/09/2021 Item #16A 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 9 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 (24.cia-rditt‘ 1��l s Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alrmplete with the exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the Couomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office pD e 11 1'ft 12 4. BCC Office Board of County Ali (Commissioners 5. Minutes and Records Clerk of Court's Office CCU ii ial0( 3'* PRI I MARY 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. Berman,P.S.M. Phone Number 239.252.6885 Contact/Department Agenda Date Item was 11/9/2021 Agenda Item Number 16.A.9 Approved by the BCC Type of Document Original Easement Use Agreement Number of Original 1 Attached w/Exhibits A & B Documents Attached PO number or account 131-138327-649030 number if document is 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? MLB 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 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 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 November 9,2021 and all changes made during the meeting have been incorporated in the attached document. The County h p D 1 Attorney's Office has reviewed the changes,if applicable. 1/ 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 DI) P 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 16A 9 INSTR 6162862 OR 6045 PG 1073 RECORDED 11/22/2021 10.28 AM PAGES 8 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@.70$0.70 REC $69.50 EASEMENT USE AGREEMENT This EASEMENT USE AGREEMENT ("Agreement") is made as of this TT4 day of 0V EM13E/{ 2021, by and between Robert P. Josselyn, Individually and as Trustee of the Robert P. Josselyn Trust Agreement dated January 10, 2001 ("Owner"), Wyndemere Homeowners Association, Inc. ("Association"), and Collier County ("County"), hereinafter collectively referred to as the "Parties." RECITALS: WHEREAS, Robert P. Josselyn, Individually and as Trustee of the Robert P. Josselyn Trust Agreement dated January 10, 2001 is the current fee owner of that certain parcel of real property known as Lot 83, The Lodgings of Wyndemere, Section One, according to the plat thereof as recorded in Plat Book 13, Pages 8 through 12 of the Public Records of Collier County, Florida, located at 153 Edgemere Way South, Naples, Florida, 34104, more specifically shown on Exhibit "A" ("Subject Property"); and WHEREAS, as set forth in Plat Book 13, Pages 8 through 12, the County is record owner of certain non-exclusive Drainage Easement rights, a portion of which encumbers the Subject Property ("Easement Area"); and WHEREAS, the Easement Area is managed and maintained by the Association; and WHEREAS, Owner purchased the Subject Property in 2021 and seeks to reconstruct, repair, and/or maintain an existing iron fence and concrete wall, and a pool cage and deck that encroaches up to 5 feet into the 15-foot-wide Utility and Drainage Easement along the south side of the Subject Property ("Encroachments"), as shown on Exhibit "A"; and WHEREAS, the County has no present objection to the continued use of the Encroachments within the Easement Area, provided that the Owner and Association agree to the terms and conditions set forth below; and WHEREAS, the Easement Area is also subject to a Utility Easement whose users and interested parties provided letters of no objection to the Encroachments; 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. [Space Intentionally Left Blank] [21-EIS-04538/1665504/1] Page 1 of 5 CA 0 16A 9 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 and the Association hereby expressly consent to the Encroachments into the Easement Area depicted on Exhibit "A". 2. Owner shall provide the County and the Association whatever access they require to continue their non-exclusive drainage easement rights. 3. The County agrees that until otherwise notified, the 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 removed from the Easement Area, which Owners will do at its sole cost and expense within a reasonable time from receipt of such request. 4. 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, its respective contractors, agents, employees or invitees at any time while the Encroachments remain within the Easement Area. Further, Owner for themself, 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 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. 5. This Easement Use Agreement shall be recorded in the Public Records of Collier County, Florida, at Owners' sole cost and expense. This Agreement is intended to bind the Parties, together with their respective successors, assigns and heirs. 6. This Agreement shall be governed by the laws of the State of Florida. [Space Intentionally Left Blank] [21-EIS-04538/1665504/1] Page 2 of 5 coo 16A 9 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 in the presence of: WITNESSES: OWNER: ignature Robert P. Josselyn, In ividually and as C I Trustee of the Robert P. Josselyn Trust Agreement dated January 10, 2001 rint Name n to e �.l T Ar+VrJ� a. rr Print Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing Easement Use Agreement was acknowledged before me by means of physical presence this 24''day of , 2021, by Robert P. Josselyn, Individually and as Trustee of the Robert P. Josselyn Trust Agreement dated January 10, 2001, who El is personally known to me or 121 has produced as identification. Notary Public/Sta a of Iorida Printed Name of Notary Public ,ate nvaa MERCEDES LAMELAS-IZURIETA 1P U i Notary Public-State o2 Florida Commission # HH 5 6424 My Commission Expires October 22, 2024 [21-EIS-04538/1662370/2] Page 3 of 5 90 16A 9 WITNESSES: ASSOCIATION: jak------- WYNDEMERE HOMEOWNERS Signature ASSOCIATION, INC. .rb VaLemth uw Print N By: L [ o Paul C. Chrestensen, President Signature C kis Cib c)v Print Name STATE OF FLORIDA ' S COUNTY OF COLLIER 8goeti7-19 6 = The foregoing Easement Use Agreement was acknowledged before me by means of physical presence this J9 day of Sec sbP3-- , 2021, by Paul C. Chrestensen, President of Wyndemere Homeowners Association, Inc., who ❑ is personally known to me or ❑ has produced �L. oG- as identification. Notary P li /Sta k o�a 44A 0Alizizcz girz.k?�6.c7 ` Printed Name of N of y PlibilBROL B BRADLEY 1 Notary Public (i) COMMONWEALTH OF MASSACHUSETTS My Commission Expires May 12,2028 [21-EIS-04538/1662370/2] Page 4 of 5 n 90 16A 9 COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K:Kinzel, Clerk of the COLLIER U Y, FLORIDA Cir uit Court & Comptroller By. tt -2j-d4/1- Attest as to Chairman's putt' Penny Taylor, hairman signature only. Approved as to form and legality: erek D. Perry Assistant County Attorney ti> [21-EIS-04538/1662370/2] Page 5 of 5 �) C s`. 1 6 A 9 7.----,,,, ME LAND .,... _ �..�,. Go gle •. _._. _ . This survey shall not be used for construction/permitting purposes without written consent from the land surveyor who has signed and sealed this survey. EXHIBIT "A" • •• ....-...... EDGEMERE WAY SOUTH.•.•.•.•.•, . . . . .. . . . .. . .. T--- . (PRIVATE ROAD) . . . . . . . ... . . . . . . .. .. .. . . .. . PARCEL C (BY PLAT) .. . . .. . .... ... .. . . .... .... .. . . . .. .... . ..... . . . .. . .. . . .. ........ . . ..... . .. ..... , . . ... . —a-- _ ASP. TPA VEMENT. 1279.84' tri �. . . . . . . . .. .. ... A=58.40' .... ..C.. .a.: . . . . . CH=58.39' BASIS OF N CH=N82'S8'14�k, ;BEARING' 13.0' PARKWAY PAVERS P.R.C Q-____-,_A _ -(PER PLAT) F. j8»F•I.R• 5/8 WM F•I.R. 5/8„ (NO. ID) o 0 ,6 c. LOT 83 �` ❑ ❑ W/CAP .J Lai THE LODGINGS OF a PAVERS TEL.BOX WM WYNDEMERE SECTION ONE H DRIVEWAY i - 0- 1- 0 PB.13-PG.8 N \ R=1279.84' IC, : A=95.17' QpJ °° , `17.0' 3'1_ 1"=20' 23.35' 12.57' o b co O GAS In in 2' 4' In - __ GENERATOR - 8.10' — \ / N 0 3 sZ --14.32' E N AC o O to 5 30r 6 TILL N U W CI) ,�lv� 6o5. 4' Z cn UcoQ 3 in T / M 15.70' 4i• L. COZW40p1 9.20' v ^ t op0 � p � A � h,� o �� 03 � OvNZU N ONE STORY in g 03 vLL', w 0 I-UW a. o 0 o M,, o. RESIDENCE R N o 0 0 d o `.Z ? AC 1 53 h o&. W a 3X3'� 2 � Wp m u, 18.00' co N /o N °4' TILE M 5.33' PE r - 14.86 ' 17.40' / ' 10.30' o 3 a 8.0' `° 21.40' vi fin' n' o '�> / 13.09' 5' IRON cMv;<M o'SPA t ..in, 17.0' n — FENCE FENCE ° 7�'co 6'X6' I TILE f" I - - •:, .t,-.,c....,�,.,.,./•�15 4II II $ DECK ��' ' �W N,O 4.75' 0.70' CONC. iA dtt,, 3.0' CBS WALL I • F.I.R. 5/8" 95.00' (P)(M) T I.R. 5/8" (NO.ID) N 89'35'00" W (NO.ID) THE GOLDEN ESTATES UNIT NO.29 P8.7 -PG.67 Accepted By: Property Address: Notes: FENCES,TILES,AND CONCRETE WALL ENCUMBER 15' 153 Edgemere Way S. EASEMENT ALONG SOUTH PROPERTY LINE. Naples, FLORIDA 34105 BURYEYORI CERTIFICATIONIHEREBYCERTIFY�y(, hfIE10) .•:O$URVEYISA TRUE AND CORRECT REPRESENTATION M.E. Land Surveying, Inc. OF A SURVEY PREPARED UNDER MY DIRECTI•'TM'T " , . INI/4UM TECHNICAL STANDARDS,AS SET FORTH — BY THE STATE OF FLORIDA BOARD OF PRO' SS•. rLAND SU'. '4.---. CHAPTER 5J-17-052,FLORIDA ADMINISTRATIVE 10665 SW 190th Street CODE PURSUANT TO 427-023 FLORIDA ST UT Be NO. 510 9F Suite 3110 SIGNED f ., . . FOR THE FIRM Miami, FL 33157 ME LAND Miguel Espinosa r �g STATE OF FLORIDA �'QI • ► 1 STATE.OF ' P.S.M.No.5101 Phone: (305) 740-3319tir ,\ y,' NOT VALID WITHOUT AN AUTHENTIC ELECTR;ly'7•(�TO RIEUA T. NTICATED ELECTRONIC SEAL AND I OR THIS MAP IS Fax (305)669-3190 1�„ NOT VALID WITHOUT THE SIGNATURE AND THE OR!, • :L.- : EAI. A LICENSED SURVEYOR AND MAPPER LB#: 7989 ON. Survey#:B-101929 Client File#: 15789-07 Page 1 of 2 Not valid without all pages • 1 6 A 9 Surveyor's Legend I WITFD ACCESS NIGHI-OF-WAY LINE PROPERTY LAVE STRUCTURE LINE END POUND IRON PIPE! B.N. BEARING REFERENCE TEL. TELfA4OrWE FACILITES PIN AS NOTED LW PLAT CONCRETE BLOGK WALL CENTRAL ANGLE OR DELTA U.P. UTILITY POLE —X—X— CHAIN LINK FENCE OR W'RE FENCE LBM LICENSE I BUSINESS R RADIUS E.U.B. ELECTRIC UTILITY BOX —//—/r- WDCO FENCE LSM LICENSES.SURVEYOR RAD RADIAL SEP. SEPTIC I A IRON FENCE CAL C CALCULATED POINT NR NON RADIAL G.E. DRAINFIEL D EASEMENT SET SET PIN TYP. TYPICAL A/c AIR CONDITIONER —-— CENTERLINE A CONTROL POINT I.R. IRON ROD SAY SIDEWALK IP IRON PIPE OLW DRIVEWAY WOOD DECK • CONCRETE MONUMENT MD NAIL d OISR SCR. SCREENED ASPHALT a BENCIIALARI( PENNE PARXER-KALON NUB GAR GARAGE ELEV ELEVATION D.H. ORRLI HOLE ENCL. ENCLOSURE BRICK TILE ,',,',�',- PT POINT OF TM'OENCY la WELL NYE NOT TO SCALE �����y� WATER P.C. POINT OF CURVATURE ii FIRE HYDRANT FF FAMISHED FLOOR P.R.M PERMANENT REFERENCE MONUMENT ® MANHOLE TOE, TOP Of BANK APPROXIMATE FDGF OF VIA TFR P.C.0 POINT OF COMPOUND CURVATURE ON.L. OVERHEAD LINES LOW. EDGE OF WATER I'v:::-_r.I::l COVERED AREA P.R.0 POPVT OF REVERSE CURVATURE TRANS TRANSFORMER EOP. EDGE OF PAVEMENT CArV PDB POINT OF BEGINNINGEC CABLE TN RISER CVO CONCRETE VALLEY GUTTER TREE P.O C. PONT L7FCOAILIFNCFARENT ® WATER METER EEL. BUILDING SETBACKLWE XPOWER POLE P.C.P PERMANENT CONTROL POINT PEE POOL EQUIPMENT- S.T.L. SURVEY TIE ONE ® CATGW BASIN M FIELD MEASUREMENT CONC. CONCRETE SLAB 4.. CENTER LINE D DEED ES117 EASEMENT RAN RENT-OF-WAY CUE COUNTY UTILITY EASEMENT C CALCULATED DE DRAINAGE EASEMENT P.U.E. PUBLIC UTILITY EASEMENT IE..EE INGRESS'EGRESS EASEMENT LM.E LAKE OR LANDSCAPE MAINTENANCE EASEMENT L.B E LANDSCAPE BUFFER EASEMENT CALE. CANAL MAINTENANCE EASEMENT UE ()Miry EASEMENT RO.E. ROOF OVERHANG EASEMENT L.AE LIMITED ACCESS EASEMENT Al ANCHOR EASEMENT EP ELECTRIC POLE CONC CONCRETE OCR PROWARD COUNTY RECORDS 1D DEN TIfICA TIMI PG PAGE CSY CONCRETE SIDEWALK F 1 N. FOUND IRON PIN I REBAR BC BCOCR CL lINER PA PLAT BOOK L CURVE LENGNT ONE wow FENCE Property Address: General Notes: 1.) The Legal Description used to perform this survey was supplied by others.This survey does not determine or is not to imply ownership 2.) This survey only shows above ground improvements.Underground utilities,footings,or encroachments are not located on this survey map 153 Edgemere Way S. 3.)The minimum relative distance accuracy for this type of Survey is 1 foot in 10,000 feet.The accuracy obtained by measurement and calculation Naples, FLORIDA 34105 of closed geometric figures was found to exceed this requirement.Well-identified features as depicted on the Survey Map were measure to an estimated horizontal positional accuracy of 1/10 foot. 4.) If there is a septic tank,well,or drain field on this survey, Flood Information: the location of such items was shown to us by others and the information was not verified. 5.) Examination of the abstract of title will have to be made to determine recorded instruments,if any,affect this property.The lands shown herein were not abstracted for easement or other recorded Community Number: COLLIER encumbrances not shown on the plat. 6.) Wall ties are done to the face of the wall. COUNTY/ 120067 7.) Fence ownership is not determined. Panel Number: 12021 C0411 8.) Bearings referenced to line noted B.R also are assumed. 9.) Dimensions shown are platted and measured unless otherwise shown. Suffix: H 10.) No identification found on property corners unless noted. Date of Firm Index: 05/16/2012 11.) Not valid unless sealed with the signing surveyors embossed seal. 12.) Boundary survey means a drawing and/or graphic representation of the survey work performed in the field, Flood Zone: AH could be drawn at a shown scale and/or not to scale. 13.) Elevations if shown are based upon NGVD 1929 unless otherwise noted. Base Flood Elevation: 10.5' 14.) This is a BOUNDARY SURVEY unless otherwise noted. 15.) This survey is exclusive for the use of the parties to whom it is certified.The certifications do not extend Date of Field Work: 09/17/2021 to any unnamed parties. Date of Completion: 09/20/2021 16.) This survey shall not be used for construction/permitting purposes without written consent from the land surveyor who has signed and sealed this survey. Legal Description: Lot 83,The Lodgings of Wyndemere,Section One,according to the plat thereof as recorded in Plat Book 13,Page 8,of the Public Records of Collier County,Florida. Printing Instructions: Certified To: While viewing the survey in any PDF Reader, select the File Robert P.Josselyn Trust Agreement Drop-down and select"Print". Select a color printer, if available; Conroy, Conroy& Durant, P.A. or at least one with 8.5"x 14" (legal)paper. its successors and/or assigns as their interest may appear. Select ALL for Print Range, and the#of copies you would like to print out. Under the"Page Scaling" please make sure you have selected "None". Please copybelow for policypreparation purposes only: Do not check the "Auto-rotate and Center" box. p p p p Check the "Choose Paper size by PDF"checkbox,then click OK This policy does not insure against loss or damage by reason of the following exceptions:Any rights,easements,interests,or claims which may exist by reason to print. of,or reflected by,the following facts shown on the survey prepared by Miguel Espinosa ,for M.E.Land Surveying Inc.,dated 09/20/2021 bearing Job#B-101929 : a. FENCES, TILES,AND CONCRETE WALL ENCUMBER 15'EASEMENT ALONG SOUTH PROPERTY LINE. M.E. Land Surveying, Inc. 7;;;OA\ ,(Alsg ME LAND 10665 SW 190th Street, Suite 3110 Miami, FL 33157 ME LAND Phone: (305)740-3319 'I Fax: (305)669-3190 - tr , - LB#: 7989 Survey#:B-101929 Client File#: 15789-07 Page 2 of 2 Not valid without all pages CAO oVD 1 6 A 9 / ' .�' •• \ . . -d. ____] m ,.. 1 1 , • E � CARILLON T IR OR PU.LIN 3 R AD R.31) r-\ te __ r� _ . oa s z mm _ 7: i Li H 4. J ! jr7 IVIN STONROAD 11 C AN Q m> >Z gi - � P z •l^L O � _. ti 7u P r ME VEW o - (,, ,i_it 4-, rLj P-4 _ R . 1 1� I N UI Rf� 41j1 billii- b - ,� ! F F s+� -�I•,\ 1V INTERSTATE-7' � 1 • 1 G.' Nr y Z D N> l^ �... Inmi 1fi1 „� . I tll W-•• - 1 SANTA BARdARA ROULE ARD of °8`g o ro _ O Cd , 1 C1 d Ro NOT TO SCALE ham-. I-3 ❑.Sw4 • O z2 , O O Cd ° o^ r. " c Co y CO CJ a 00 w Ul m � CA 90 m Ind 00 m oz -P cn m O N1-3 .{ 'Ti CA O 0 Z — �> _ n n20 N co 4 xm 01 tii ODD 0 zJ n - I N I m N