Backup Documents 12/13/2022 Item #16A 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 Ai
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
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 routingzlines#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 DO �� Z
4. BCC Office Board of County
Commissioners Alt v /f 12/Z6/2Z
5. Minutes and Records Clerk of Court's Office �^ rn(�I)�
PRIMARY CONTACT INFORMATION I
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 12/13/2022 Agenda Item Number 16.A.1.
Approved by the BCC
Type of Document Original Easement Use Agreement Number of Original
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)
I. Does the document require the chairman's original signature? I'I" , /if
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 December 13,2022 and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County r
an option for
Attorney's Office has reviewed the changes,if applicable. r is
9. Initials of attorney verifying that the attached document is the version approved by the A LF
BCC, all changes directed by the BCC have been made,and the document is ready for the vo Qtt1O..
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
16 Al
EASEMENT USE AGREEMENT
This EASEMENT USE AGREEMENT ("Agreement") is made as of this 13th
day of December 2022, by and between Todd Brossman Lengle and Rachel P. Lengle
("Owner"), the Hacienda Lakes Community Development District ("District") and
COLLIER COUNTY("County"),hereinafter collectively referred to as the "Parties."
RECITALS:
WHEREAS, Todd Brossman Lengle and Rachel P. Lengle are the current fee
owners of that certain parcel of real property known as Azure at Hacienda Lakes—Phase
2,Lot 341, according to the plat thereof as recorded in Plat Book 65, Pages 72 through 76
of the Public Records of Collier County, Florida,more specifically shown on Exhibit"A"
("Subject Property'); and m o r- m z
01— mo
rnm � �
WHEREAS, as set forth in Plat Book 65, Pages 72 through 76, the County is o 33 o o A
record owner of certain non-exclusive Drainage Easement rights, a portion of which o W
encumbers the Subject Property ("Easement Area"); and Z z m ; o
� � N
WHEREAS, the Easement Area is managed and maintained by the Hacienda o o c N o
Lakes Community Development District; andxi
DO03
G)
WHEREAS, a screened brick paver pool deck and spa (encroaching 0.6-Feet), NJ
have been constructed and installed on the Subject Property, resulting in previously z °'
mentioned encroachments into the 5-foot wide Drainage Easement along the east side ofo
the Subject Property, as shown on Exhibit"A" ("Encroachments"); and o
WHEREAS, the County has no present objection to the continued use of the o
encroachments within the Drainage Easement Area, provided that Owner agrees to the
terms and conditions set forth below. The owners purchased the home in 2021 with the
Encroachments in place; 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 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 District hereby expressly consents to the Encroachments into
the Easement Area depicted on Exhibit"A".
2. Owner shall provide the County and the District whatever access they require to
continue their non-exclusive drainage easement rights.
[22-EIS-04642/1748653/1] Page 1 of 4
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3. 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 and the District each retain the right, however, in each of their sole
discretion, to demand by written request that the Encroachments be removed from
the 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 themselves and successors and assigns that they shall release,
indemnify and hold the County and the District 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 District or Owner, their
respective contractors, agents, employees or invitees at any time while the
Encroachments remain within the Easement Area. Further, Owner for
themselves, and their successors and assigns agrees to release and hold the
County and the District 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 and/or the District, 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 Owner's 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.
[Signature Pages to Follow]
[22-EIS-04642/1748653/1] Page 2 of 4
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£ 6 Al
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.
Witnesses (as to both): OWNER:
7:17///krn5-,e,t-, -%( 7/.//s ; y,
Signature `� A� ` ' `J
Todd Brossman Lengle
n Lam(\t-0--
Print Name
ç5cUJ1Joc9 C f��� r\
Sig
nature Rachel P. Lenglc
A"."-)Ct_CiAte Li.(\ tiL_.
Print Nathe
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Easement Use Agreement was acknowledged before me by means of
Physical Presence this ,a‘ day of Cr)-- -s3-12 ( , 2022, by Todd Brossman
Lle and Rachel P. Lengle who ( ) are personally known to me or have produced
L-- as identification.
CO\Q af?1Q
-
(SEAL) Notary Public/State of Florida
ANNE BARBAR:2o:�>AY a�e�.. .4 FO L� 11flNance:
Notary Public-State of Florida
11 ciff Commission;#HH 070001
'-Z,7n°: My Comm.Expires Dec 7,2024 My Commission expires: la/1 iaoPq
Bonded through National Notary Assn.
[Signature Page to Follow]
[22-E1S-04642/1748653/I] Page 3 of 4
I6 A f
DISTRICT:
Hacienda Lakes Community
ATTEST: Development District
B By:
G. Russel Weyer, Sec ry Robert Muiherc, Chairman
COUNTY:
ATTEST:
Crystal K. Kinzel, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court& Comptroller COLLIER CO 4' _ .: ' IDA Ask
Ce) AF mr-..
By: iir/W( By: �_:�:ea•
, Deputy Clerk Will'%m L. McDaniel,Jr., Chairman
Attest as to Chairman's
signature only.
Approved as to form and legality:
`L
Derek D. Perry ,`L��
Assistant County Attorney \V
[22-EIS-04642/1748653/I] Page 4 of 4
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Exhibit "A"
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