Backup Documents 07/12/2022 Item #16A16 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO �, 6 A 16
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 !O82,09) 70
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete ith the
exception of the Chairman's signature,draw a line through routin l 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 o D n 119112-r
4. BCC Office Board of County
Commissioners 644 by If) 7 f 7,6 f ZZ
5. Minutes and Records Clerk of Court's Office 11 _�
£ 7/2lZ
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.Berman,P.S.M. Phone Number 239.252.6885
Contact/Department
Agenda Date Item was 7/12/2022 Agenda Item Number 16.A.16
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 July 12,2022 and all changes made MLB s s not
during the meetin lay been incorpora ted in the attached documen . The County option for
Attorney's Office has reviewed the changes,if applicable. _D a a
9. Initials of attorney verifying that the attached document is the version approved�y the
BCC,all changes directed by the BCC have been made,and the document is ready for the V
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
16A16
MEMORANDUM
Date: August 1, 2022
To: Marcus L. Berman, P.S.M.
From: Mende Ragan
Minutes & Records Department
Re: Item #16A16
Please find the attached Easement Use Agreement for your records.
The Minutes and Record's Department has kept the original of the agreement as part
of the Board's Official Record.
If you have any questions, please feel free to call me at 252-8411.
Thank you.
Attachment
Melinda S. Ragan 1 6 A 1 6
From: Melinda S. Ragan
Sent: Wednesday,July 20, 2022 12:04 PM
To: BermanMarcus
Subject: Item #16A16 Original Easement Use Agreement
Attachments: Backup Documents 07_12_2022 Item #16A16.pdf
Please find the attached document for your records.
Thank You!
Mende Ragan
BMR&VAB Deputy Clerk
``�.co-c could Office: 239-252-8411
�.z. �`G2e Fax: 239-252-8408
C" A; Melinda.Ragan@CollierClerk.com
Office of the Clerk of the Circuit Court
,� &Comptroller of Collier County
` es'. 3299 Tamiami Trail E,Suite#401
��F?cot,Nri•t�'° Naples, FL 34112
www.CollierClerk.com
1
INSTRCLERK 628597OFTHE9 OR 6155 PG 1320URTAN
D C
RECORDED 7/21/2022 11:50AM PAGES 4
CIRCUIT COOMPTROLLER
COLLIER COUNTY FLORIDA
DOC@.70$0 70 REC $35.50
CONS$10.00
EASEMENT USE AGREEMENT
This EASEMENT USE AGREEMENT ("Agreement") is made as of this 12th day of July
2022, by and between Pelican Lake Property Owners Association of Collier County, Inc., a
Florida non-profit corporation ("Pelican Lake"), and Collier County ("County"), a political
subdivision of the State of Florida. Pelican Lake and the County are collectively referred to herein
as the"Parties".
WHEREAS, Pelican Lake is the record owner of the fee simple interest in and to that
certain parcel of real property known as Tracts P and B-2, Pelican Lake R.V. Resort Unit Four,
according to Plat Book 30, Pages 16-18, Public Records of Collier County, Florida (the "Subject
Property"); and
WHEREAS, pursuant to that certain plat of Pelican Lake R.V. Resort Unit Four, recorded
at Plat Book 30, Pages 16-18, of the Public Records of Collier County, Florida (the "Plat"), the
County is record holder of that certain non-exclusive fifteen foot(15 ft) 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 Pelican Lake; and
WHEREAS, Pelican Lake filled, graded, and installed asphalt pavement on the Subject
Property Easement Area and keeps trailers, pavers, chain link, aluminum fencing, and other
miscellaneous items within the Subject Easement Area, as shown on Exhibit "A", incorporated
herein by reference. In addition, Pelican Lake has installed/shall install a fifteen-foot (15 ft)
landscape buffer consisting of type"A" plant materials and a seven-foot (7 ft) opaque landscaped
hedge2 in accordance with section 3.7.B. of the Pelican Lake Planned Unit Development
Ordinance No. 97-70 (the "Pelican Lake PUD") and sections 4.06.02 and 4.02.12 of the Collier
County Land Development Code (the "LDC"), within the Subject Easement Area, and the
landscape buffer and hedge also encroach on the Subject Easement Area,as shown on Exhibit"A,"
and incorporated herein by reference. Together,these encroachments shall collectively be referred
to as the "Encroachments"; and
WHEREAS, the County has no present objection to the use of the Subject Property
Easement Area and Encroachments within the Easement Area, provided that Pelican Lake 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.
' The Pelican Lake R.V.Resort Unit Four plat recorded at Plat Book 30,Page 18,depicts a fifteen-foot(15')
drainage easement;however,the drainage easement measures approximately twenty feet(20 ft).
2 Pursuant to BCC discussion on 7/12/2022, Item 2.A,Pelican Lake agrees to maintain the hedge at nine feet(9 ft).
[21-EIS-04453/1724136/1]
EUA PL20200002253 Page 1 of 3
CAO
i6AI6
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 hereto
agree as follows:
1. The County and Pelican Lake hereby expressly agree to allow the continued use of the
Subject Easement Property Area and Encroachments to continue to exist on the Subject
Property Easement Area, as depicted on Exhibit"A".
2. Pelican Lake shall provide to the County whatever access they require to continue its non-
exclusive drainage easement rights. Owner shall provide to the County whatever access
the County requires to continue its easement rights and further agrees to waive any claim
of damage to the Encroachments arising out of the County's maintenance activities within
the Subject Property Easement Area, whether such damage is intentional or unintentional.
3. The County agrees that until otherwise notified, Pelican Lake may continue the use of the
Subject Property Easement Area and Encroachments within the Subject Property Easement
Area; however, the County retains the right, in its sole discretion, to demand by written
request that the Encroachments be removed from the Subject Property Easement Area,
which Pelican Lake shall do at its sole cost and expense within a reasonable time from
receipt of such request.
4. Pelican Lake agrees for itself and its successors and assigns that it 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 Pelican Lake, its respective contractors, agents, employees or invitees at any time
while the Encroachments remains within the Subject Property Easement Area. Further,
Pelican Lake, for itself, and its 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 Subject Property 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
Subject Property Easement Area and/or the Encroachments and/or the infrastructure,which
may now or in the future be located within the Easement Area.
5. This Agreement shall be recorded at Pelican Lake's expense in the Official Records of
Collier County, Florida,and shall be a covenant running with the land and shall be binding
upon the heirs, personal representatives, grantees, assigns and successors.
6. This Agreement shall be binding upon the Parties hereto,their respective heirs, successors
and assigns forever.
7. This Agreement shall be governed by the laws of the State of Florida.
[21-EIS-04453/1724136/1]
EUA PL20200002253 Page 2 of 3
c4o
16A16
IN WITNESS WHEREOF,the parties hereto have executed this Easement Use Agreement
as of the date first above written.
AS TO PELICAN LAKE:
I ESSES:
PELICAN LAKE PROPERTY OWNERS
ASSOCIATIO► OF COLLIER COUNTY, INC.
ttn ignure
4
1/1 ` 41 BY• ► -
ss#1 Printed Name Jo • Albert, President
v-
Witness# ignature
5,Z U1.-I J , 44n1 7 P
Witness#2 Printed Name
STATE OF FLORIDA/ Z
COUNTY OF COL-EfER rn C-'
The foregoing Easement Use Agreement was acknowledged before me by means of physical
presence this a day of June 2022, by John Albert, as President of Pelican Lake Property
Owners Association,Inc.,who 0 is personally known to me or Lhas produced f--L L i
as identification. L (p 4105�53 j
N— ILA
." Notary Public/State of Flarida'�
j e srr� SHAHINA M KHAN
3 �,o Notary Public-Arizona ✓� ^�'��
�, Corn �� 09
., q a? My Comm,Expires October 18,2021 Printed Name of Notary Public
AS TO COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of the COLLIER CO" -a 'IDA
Circuit Court& Comptroller
62)
01
By:b. _Li I' , , k ' _ By: ,..• �1►
Ddpu Clerk. m L. McDaniel, Jr., Chai an
A.i. e d as t f• an. gality: 414t1 Ko
Der- 10. Perry
Assistant County Attorney 16 \iL�
[21-EIS-04453/1724136/1] 6,V
EUA PL20200002253 Page 3 of 3
0
1 6 A 1 6
TRACT P x
(PRESERVE/D.E.)
0
PROPOSED ADJUSTED TRACT P/B-2 TRACT II
LINE(TO BE ADJUSTED BY SEPARATE PLAT.
LANDSCAPE BUFFER AREA WILL NOT Lii
ENCROACH INTO TRACT P) 7 20'D.E. a
PELICAN LAKE/COPPER COVE O
PROPERTY BOUNDARY(TYP) rn
Air X
ftl
LOT 38
III LOT 37
0.1 AC WITHIN CURRENT TRACT P ,`� COPPER COVE
ROPOSED 15'L
(WILL BECOME PART OF
,0 1, ,,-
TRACT B-2 BY SEPARATE PLAT)
PANDSCAPE BUFFER
(INCLUDES CANOPY TREE 30'O.C.
AND 7'HEIGHT HEDGE)
/ \
LOT 36 30'x30'RAW WATER
x I WELL EASEMENT
J \ i
PELICAN LA L / ;^���-.-
I TRAILER PARKING ALLOWED I �� — —
X ON LOTS 35-37 AND TRACT B-2 �1�~'
E'
SOUTHERN �'(gI EX.TRACT P/B-2 TRACT
BREEZE DR '1\� LINE TO BE ADJUSTED
/ _ = (SEE NOTE ABOVE)
LOT 35
FENCE
/* Ilk (TYP)
— —� . EX.20'D.E. 'Al', +EX.15'C.U.E.
/ •1 EX.BUILDING ..-,.
30'±
EX.FENCE/ i�?�
WALL(TYP) ��,,I�' EX.PAVEMENT WITHIN
\�.P.
�^ �:__ 15'LANDSCAPE AREA
LOT 33 LOT 34 PAVEMENT '�/��` (TO BE REMOVED)
ENCROACHMENT rflfll►
N INTO D.E. I.*
-Ilk If
END OF \ * 10'U.E.
CONCRETE WALL b. T
TRACT B-2
(PELICAN LAKE) START OF EX.FENCE 11'
(LANDSCAPE BUFFER,DRAINAGE, AND 7'HEDGE cEliSEIVIENT USE
�All']_glLA�l.rTt-a.I A a
nN IVIn ITr1ZTVFCIvi7E--EASEMENT)
\WAS'HIGH LL )CONCRETE %IIIBIT ONLY
\TREASURE 30'ROAD EASEMENT RfNAT 11ESIGESDB
COVE BLVD� (OR 189,PG 327 _ PELICAN LAKE PROPERTY va•�01 6111 F ATTI&TOFFER%ITTING
OR 234.PG 869 Beu;aoAnY __ ..w�IIST,D
OR,s4,PG 38s)
PROJECT: TITLE: OWNER/CLIENT/CONSULTANT: SEC:14,15 TWP:518 RGE:26E
PENINSULADesigned by: JOHN ENGLISH,P.E.
ENGINEERING�� PELICAN LAKE RV EASEMENT USE Drawn by: ANTONSCHAFFER
PELICAN LAKE RV Date: OCTOBER 2021
CIVIL ENGINEERING.LANDSCAPE ARCHIECiURE• T AGREEMENT- Drawing Scale:
ENVIRONMENTAL CONSULTINGU •LAND PLANNING• RESORT S O R 1 RESORT
SITE PLANNING�CONSTRUCTION MANAGEMENT� K J IFAF' Project Number: P-PLRV-002-001
OWNER REPRESENTATIVE EXHIBIT 2600 Golden Gate Parkway File Number: P-PLRV-002-001-X07
Naples,Florida 39105
Phone:239.403.6700 Eon:239.261.1797 C-X07
Email:infoOpen-eng.com Website:www.pen-eng.coni
Florida Certificate atAuthorization N28275 Sheet Number: 01 of 01