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Agenda 06/27/2023 Item #16A14 (Agreement between the County and current owners of Lot 65 Parrot Cay)16.A.14 06/27/2023 EXECUTIVE SUMMARY Recommendation to approve an Easement Use Agreement (Agreement) for Lot 65, Parrot Cay, according to the plat thereof as recorded in Plat Book 58, Page 75 of the public records of Collier County. (EUA- PL20220008520) OBJECTIVE: To have the Board of County Commissioners ("Board") approve an Easement Use Agreement between the County and the current property owners of Lot 65, Parrot Cay, in order to allow a portion of the home, a screened pool and deck to encroach approximately 5.0-feet into a 20-foot-wide Lake Maintenance Easement, more specifically shown on Exhibit "A". CONSIDERATIONS: There is an existing home, screened pool and deck on the subject property (14293 Charthouse Circle) that encroaches up to 5.0 feet into a 20-foot-wide Lake Maintenance Easement located along the rear boundary of the property. The 20-foot-wide Lake Maintenance Easement use is for the sole purpose of maintaining the lake. The residence currently under construction at 14293 Charthouse Circle (the "Property") was designed, permitted, and partially constructed in a manner that encroaches approximately 5' into a 20' platted lake maintenance easement (the "Easement"). During the review of the building permits for the home, the location of the easement was not included on the certified site plan. Staff inadvertently approved the building permits and, once the error was found, construction was ceased onsite. Notably, the County does not have maintenance responsibility for the Easement. The Naples Reserve CDD ("CDD") holds platted easement interests (i.e., lake maintenance and irrigation easements) over the area that would be subject to the proposed easement use agreement ("Agreement Area"), with maintenance responsibility. The CDD and the Owner are both parties to the proposed easement use agreement. The Property Owner is seeking an easement use agreement to allow the encroachment to remain, as designed and permitted. This will allow the lifting of any/all current inspection holds on the construction of the residence. The Development Review Division and the Capital Project Planning, Impact Fees & Program Management Division have reviewed the Agreement and Exhibits and recommend approval of the Easement Use Agreement. FISCAL IMPACT: There is no fiscal impact. The property owners will be responsible for the recording fees of this Agreement. GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -DDP RECOMMENDATIONS: To approve the Easement Use Agreement between the County and current property owners of Lot 65, Parrot Cay, and authorize the Chairman to execute the Agreement and direct the Clerk to record the Easement Use Agreement into the public records of Collier County, Florida. Prepared by: Marcus L. Berman, County Land Surveyor, Development Review Division ATTACHMENT(S) 1. Easement Use Agreement - 052323(1) (PDF) 2. LONO-EMAIL Collier County Stormwater Dept(PDF) 3. LONO - Naples Reserve CDD Lot 65 (PDF) 4. Property Owner Disclosure -Carr (Received) (PDF) 5. Application (PDF) 6. Affidavit of Authorization (PDF) 7. Taxes paid 2022 (PDF) 8. Plat of Parrot Cay (PDF) Packet Pg. 616 16.A.14 06/27/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.14 Doc ID: 25632 Item Summary: Recommendation to approve an Easement Use Agreement (Agreement) for Lot 65, Parrot Cay, according to the plat thereof as recorded at Plat Book 58, Page 75 of the public records of Collier County. (EUA- PL20220008520) Meeting Date: 06/27/2023 Prepared by: Title: County Surveyor — Development Review Name: Marcus Berman 05/22/2023 1:23 PM Submitted by: Title: Environmental Specialist — Growth Management and Community Development Department Name: Jaime Cook 05/22/2023 1:23 PM Approved By: Review: Transportation Management Operations Support Evelyn Trimino Growth Management and Community Development Department Diane Lynch Development Review Brett Rosenblum Additional Reviewer Growth Management and Community Development Department Jaime Cook Engineering & Natural Resources Diane Lynch Additional Reviewer Transportation Management Services Department Trinity Scott Growth Management and Community Development Department James C French County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Derek D. Perry Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Zautcke Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Additional Reviewer Completed 05/22/2023 1:53 PM Growth Management DepartmentCompleted 05/23/2023 5:15 PM Completed 05/25/2023 7:34 AM Division Director Completed 05/30/2023 3:58 PM Skipped 06/02/2023 5:29 PM Additional Reviewer Completed 06/05/2023 12:50 PM Growth Management Completed 06/07/2023 4:39 PM Completed 06/11/2023 10:47 PM Completed 06/12/2023 12:56 PM Completed 06/14/2023 10:57 AM Completed 06/16/2023 9:27 AM Completed 06/21/2023 11:53 AM 06/27/2023 9:00 AM Packet Pg. 617 16.A.14.a EASEMENT USE AGREEMENT This EASEMENT USE AGREEMENT ("Agreement") is made as of this day of 2023, by and between Brian D. Carr and Felita Y. Carr ("Owner"), the aples Reserve Community Development District ("District") and COLLIER COUNTY ("County"), hereinafter collectively referred to as the "Parties." RECITALS: WHEREAS, Brian D. Carr and Felita Y. Carr are the current fee owners of that certain parcel of real property known as Lot 65, Parrot Cay, according to the plat thereof as recorded in Plat Book 58, Pages 75 through 78 of the Public Records of Collier County, Florida, more specifically shown on Exhibit "A" ("Subject Property"); and WHEREAS, as set forth in Plat Book 58, Pages 75 through 78, the County is record owner of certain non-exclusive Lake Maintenance Easement rights, a portion of which encumbers the Subject Property ("Easement Area"); and WHEREAS, the Easement Area is managed and maintained by the Naples Reserve Community Development District; and WHEREAS, Owner has constructed a monolithic 3-sided concrete horizontal beam with reinforcing rebar, cast in one continuous pour along with three vertical columns with reinforcing rebar, supporting a covered lanai roof structure inclusive of engineered wood trusses, plywood sheathing, soffits and roof tile; and owner intends to construct and maintain a pool, spa, lanai pavers, and a screen cage enclosure, resulting in partial encroachment Easement Area, as shown on Exhibit "A" ("Encroachments"); and WHEREAS, the County has no present objection to the proposed and existing encroachments within the 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 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 easement rights. [22-EIS-04642/1710317/2] Page 1 of 4 Packet Pg. 618 16.A.14.a 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-04642/1710317/2] Page 2 of 4 Packet Pg. 619 16.A.14.a 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 (a both): , '�I" Signat e N Signature ' Print Name STATE OF FLORIDA COUNTY OF COLLIER 0 r' Brian "aY. rr The foregoing Easement Vse Agreement was acknowledged before me by means of Physical Presence this day of cf I , 2023, by Brian D. Carr and Felita Y. Carr who are personally known to me or have ( ) produced as identification. (SEAL) C/ Notary Public/State oflorida " Name. ` (J E JAMEUSANCHEIMy Commission expires:NotaryPublic • State of Florida Commission # HH 27a006 My Comm. Expires Jun 9, 2026 Bonded through National Notary Assn. [Signature Page to Follow] [22-EIS-04642/1710317/2] Page 3 of 4 Packet Pg. 620 16.A.14.a ATTEST: By: As5ert- Nar ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller , Deputy Clerk Approved as to form and legality: Derek D. 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PL20220008520 for the property located at 14293 Charthouse Cir, Naples, and for the existing encroachment in the plated easement as described in the documents included in the EUA application no. PL20230001525 for the property located at 14257 Charthouse Cir, Naples. Our department is not issuing LONO's for proposed/future construction as we are discouraging the practice of building in existing easements. Regards, Daniell. Roman, PE PMP Project Management Supervisor Stormwater Management COfICT C v4 . y Transportation Management Services Department Capital Project Planning, Impact Fees & Program Management 2685 South Horseshoe Dr., Suite 103, Naples, Florida 34104 Office:239-252-5181 Cell:239-359-8445 Daniel.Roman@colliercountyfl.gov From: Jeff Wright <Jeff.Wright@henlaw.com> Sent: Monday, May 8, 2023 9:07 AM To: RomanDaniel <Daniel.Roman@colliercountyfl.gov> Cc: AshkarSally <Sally.Ashkar@colIiercountyfl.gov>; FrenchJames <James.French @colliercountyfl.gov>; CookJaime <Jaime.Cook@colliercountyfl.gov>; JohnssenBeth <Beth.Johnssen@colliercountyfl.gov>; ScottTrinity <Trinity.Scott@colliercountyfl.gov>; PerryDerek <Derek.Perry@colIiercountyfl.gov>; BermanMarcus <Marcus.Berman@colliercountyfl.gov> Subject: Re: Naples Reserve (2-party EUA) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good morning Dan — Packet Pg. 624 16.A.14.b This follows my voicemail from this morning. The PL #'s are: PL20230002602 (Miano, Lot 63) PL20220008520 (Carr, Lot 65) PL20230001525 (Ranallo, Lot 70) PL20230003598 (Almy, Lot 77) We are seeking your/Stormwater's "no objection" to the proposed EUA's. Hopefully this will not take too much of your time — "No objection" would be a sufficient reply. Thanks very much for your time and attention. Regards, Jeff Jeff Wright Attorney at Law Henderson, Franklin, Starnes & Holt, P.A. 8889 Pelican Bay Blvd. Suite 400 Naples, FL 34108 Direct Dial: 239.344.1371 Direct Fax: 239.344.1508 Jeff.Wright@henlaw.com www.henlaw.com Blogs: www.swflbusinessandipblog.com • www.legalscoopswflre.com Hendersonj Franklin h - .... 1 ., A - CONFIDENTIALITY STATEMENT Henderson, Franklin, Starnes & Holt, P.A. The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: PerryDerek <Derek.Perry@colliercountyfl.gov> Date: Monday, May 8, 2023 at 8:45 AM Packet Pg. 625 16.A.14.b To: Jeff Wright <Jeff.Wright@hen law.com> Cc: AshkarSally <Sally.Ashkar@colliercountyfl.gov>, FrenchJames <James.French @colliercountyfl.gov>, CookJaime <Jaime.Cook@colliercountyfl.gov>, JohnssenBeth <Beth.Johnssen@colliercountyfl.gov>, ScottTrinity <Trinity.Scott@colliercountyfl.gov>, RomanDaniel <Daniel.Roman @colliercountyfl.gov> Subject: RE: Naples Reserve (2-party EUA) All: Jeff Wright is discussing the four applications where pools are being constructed in a lake maintenance easement. Jeff. In addition to Beth Johnssen, Daniel Roman is stormwater's project management supervisor and may be a helpful point of contact in obtaining the required Letters of No Objection: DanieCJ. Roman, PE P.wIP Project Management Supervisor Stormwater Management C IC C . Y Transportation Management Services Department Capital Project Planning, Impact Fees & Program Management 2685 South Horseshoe Dr., Suite 103, Naples, Florida 34104 Office:239-252-5181 Cell:239-359-8445 Daniel. Roman @colIiercountyfLgov Derek D. Perry Assistant County Attorney (239) 252-8066 From: Jeff Wright <Jeff.Wright@hen law.com> Sent: Monday, May 8, 2023 8:36 AM To: PerryDerek <Derek.Perry@colliercountyfl.gov> Cc: AshkarSally <Sally.Ashkar@colliercountyfl.gov>; FrenchJames <James.French @colliercountyfl.gov>; CookJaime <Jaime.Cook@colliercountyfl.gov>; JohnssenBeth <Beth.Johnssen@colliercountyfl.gov> Subject: Re: Naples Reserve (2-party EUA) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Derek — Packet Pg. 626 16.A.14.b We are now at the "critical juncture" on these EUA applications. As you know, it's a mess — building permits granted for the entire structures, including features that encroach into a County LM easement. Because pools require a separate permit, they were stopped when they went to put in their pools. Now the houses are built, but the pool/lanais remain in limbo. Chopping 5' off the permitted footprint is not a realistic resolution, given cost, design consids., proportions, etc. (not to mention builder apparently in bankruptcy — see below*). If we get LONO's from Stormwater, we are done. But they've been quiet. Given these unique and challenging circumstances, we were directed by staff to file applications for EUA's. It has been a very long and expensive road, with two governments holding interests and multiple CDD meetings and County reviews. The maintenance entity, the CDD, has (1) agreed to the encroachments, (2) entered into its own encroachment agreement, (3) issued a letter of no objection, and also (4) signed the 3-party EUA as you instructed (a "special meeting" of the CDD in April was necessary for this). At the start of this process, we were told that our biggest hurdle would be the CDD. After multiple meetings, we have cleared that hurdle. All interest holders (County, CDD) will have their interests protected 100%. If Stormwater issue its LONO, everything will be resolved. If they refuse, then the homeowners are back to square one, with one additional development: *the builder, I believe, has recently filed a bankruptcy petition. Any help, hopefully some common sense, would be much appreciated. Just to reiterate: your client's interest will be 100% protected. Thanks for all your time and assistance on this one, Jeff Jeff Wright Attorney at Law Henderson, Franklin, Starnes & Holt, P.A. 8889 Pelican Bay Blvd. Suite 400 Naples, FL 34108 Direct Dial: 239.344.1371 Direct Fax: 239.344.1508 Jeff.Wright@henlaw.com www.henlaw.com Blogs: www.swflbusinessandipblog.com • www.legalscoopswflre.com Henderson F ran CI i n s Packet Pg. 627 16.A.14.b CONFIDENTIALITY STATEMENT Henderson, Franklin, Starnes & Holt, P.A. The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: PerryDerek <Derek.Perry@colliercountyfl.gov> Date: Wednesday, March 15, 2023 at 8:26 AM To: Jeff Wright <Jeff.Wright@hen law.com> Cc: AshkarSally <Sally.Ashkar@colliercountyfl.gov> Subject: RE: Naples Reserve (2-party EUA) Jeff: Your provided example is for a minor encroachment (e.g., fences, a/c pads, floating docks) and is inherently different from the major encroachment of a structure. Please see the attached Board policy as a response to your 3/14/2023 public records request for information regarding the County's EUA process. If you need additional records, please direct your inquiries to: Collier County Board of County Commissioners Communications, Government & Public Affairs Division 3299 Tamiami Trail East #202 Naples, FL 34112 (239) 252-8999 or 311 Pub licRecordRequestkcolliercountyfl. oovv Derek D. Perry Assistant County Attorney (239) 252-8066 From: Jeff Wright <Jeff.Wright@henlaw.com> Sent: Wednesday, March 15, 2023 7:51 AM To: PerryDerek <Derek.Perry@colliercountyfl.gov> Cc: AshkarSally <Sally.Ashkar@colliercountyfl.gov> Subject: Naples Reserve (2-party EUA) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Packet Pg. 628 16.A.14.b Good morning Derek — Here's an example of 2-party EUA from 2021, with CDD approval via separate agreement, for a "to be built" encroachment (dock). Same neighborhood, similar LME/DE encroachment. In the first attachment, the CDD says it has a separate agreement ... "and accordingly.... no objection" to the proposed EUA. As I've mentioned, Jaime Cook indicated that a separate agreement with the CDD could work as a LONO from the CDD. If necessary, I suppose we could request a similar "LONG" letter from the CDD (1st attachment), but I don't believe it's necessary to protect anyone's interest, and I'm not certain whether a CDD vote would be required.... Please advise (1) if we can follow this model (see attached), and if so, (2) if we can provide the fully - executed encroachment agreement with CDD in lieu of LONG (as Jaime seemed to find acceptable). Thanks for taking a look, feel free to call me to discuss (239-249-9669). Jeff Jeff Wright Attorney at Law Henderson, Franklin, Starnes & Holt, P.A. 8889 Pelican Bay Blvd. Suite 400 Naples, FL 34108 Direct Dial: 239.344.1371 Direct Fax: 239.344.1508 Jeff.Wright@henlaw.com www.henlaw.com Blogs: www.swflbusinessandipblog.com • www.legalscoopswflre.com Henderson Fran ICI i n CONFIDENTIALITY STATEMENT Henderson, Franklin, Starnes & Holt, P.A. The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Packet Pg. 629 16.A.14.b Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 630 16.A.14.c Naples Reserve Community Development District 2300 Glades Road, Suite 410W*Boca Raton, Florida 33431 Phone: (561) 571-0010oFax: (561) 571-0013oToll-free: (877) 276-0889 April 24, 2023 Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Re: Letter of No Objection — Encroachment Address: 14293 Charthouse Circle, Naples, FL 34114 ("Pro e ") To Whom It May Concern: Naples Reserve Community Development District (the "District") is an independent special district that encompasses the Naples Reserve community. Pursuant to the dedications on the plat of Parrot Cay, as recorded in Plat Book 58, Pages 75 through 78, inclusive, of the Public Records of Collier County, Florida, the Property is subject to and encumbered by a platted irrigation easement and lake maintenance easement (collectively, the "District Easement"). The District is the owner and holder of certain rights in the District Easement. We have been advised that a monolithic 3-sided concrete horizontal beam with reinforcing steel rebar, cast in one continuous pour along with three vertical columns with reinforcing rebar, supporting a covered lanai roof structure inclusive of engineered wood trusses, plywood sheathing, soffits and roof tile, and a pool, spa, lanai pavers, and a screen cage enclosure installed or to be installed on the Property will partially encroach into the District Easement (the "Encroachment"). Additionally, we have been advised that Collier County has requested a letter of no objection from the District. At the meeting of the Board of Supervisors of the District held on April 18, 2023, the Board authorized this issuance of a letter of no objection to the Encroachment. The District's no objection is contingent upon the recording of. (i) the tri-party Easement Use Agreement in the form attached hereto as Exhibit "A", and (ii) the Encroachment Agreement between the property owner and the District in the form attached hereto as Exhibit "B". If you have any questions or require further information, please contact me at 561.571.0010 or 1.877.276.0889. Sincerely, ?0�- Jamie Unchez District Manager cc: Jeff Wright, Esq. (via email, Jeff.Wri hg_tghenlaw.com) Packet Pg. 631 16.A.14.d Ca*ier County PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership Brian D. Carr & Felita Y. Carr 100 135 Seaport Blvd. 92108 Boston, MA 02210 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of Interest: Name and Address % of Ownership Packet Pg. 632 16.A.14.d I e. f. g Colter Ccanty If the property is in the name of a GENERAL or LIMITED PARTNERSHIP list the name of the eneral and/or limited partners: Name and Address % of Ownershia If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the c` racers, stocxnoiaers, venericianes, or partners: Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or of Date subject property acquired E, or trust: Name and Address ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Packet Pg. 633 CAr Cau-nty Date of option: Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agentlapplicant for this petition, i attest that all of the information indicated on this checklist is included in this submittal package. 1 understand that failure to include all necessary submittal information may result in the delay of processing this petition. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyff.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyff.gov 02/06/2023 _Pr___� Age tJ ner Signature Date Jeff E. Wright Agent/Owner Name [please print} 16.A.14.d Packet Pg. 634 16.A.14.e COS MT C014"ty Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 239-252-2400 APPLICATION FOR EASEMENT USE AGREEMENT APPLICANT CONTACT INFORMATION Name of Owner: Brian D. & Felita Y. Carr Name of Applicant if different than owner: Address: 135 Seaport Blvd. #2108 City: Boston State: MA ZIP: 02210 Telephone: (603)305-5630 Cell: (603)305-5630 Fax: E-Mail Address: carrphone@aol.com, fuelrider@aol.com Name of Agent: Jeff E. Wright Firm: Henderson, Franklin, Starnes & Holt, P.A. Address: 8889 Pelican Bay Blvd. #400 City: Naples State: FL ZIP: 34108 Telephone: (239)344-1371 Cell: (239)249-9669 Fax: (239)344-1508 E-Mail Address: jef£wright@henlaw.com PROPERTY INFORMATION Address of Subject Property: 14293 Charthouse Cir. Parcel ID # Legal Description: Parrot Cay Lot 65 Block Section/Township/Range: 1 / 51 / 26 Current Zoning: RPUD Note: 66150001443 Tract 1 If applicant is a land trust, indicate the name of beneficiaries. 2 If applicant is a corporation other than a public corporation, indicate the name of the officers and major stockholders. 3) If applicant is a partnership, limited partnership or other business entity, indicate the name of the principals. 4) List all other owners. tLtG I RONIC SUBMITTAL REQUIREMENT CHECKLIS' This completed checklist is to be submitted with the application packet. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW: ELECTRONIC DOCUMENT REQUIRED NOT REQUIREI Completed Application (download current form from the County website 1 © ❑ Addressing Checklist signed by Addressing Department 1 ® ❑ Complete application and all submittal documents in PDF format 1 ® ❑ Fee Simple Deed 1 ® ❑ Statement explaining the reason for the Easement Use Agreement 1 ® ❑ Property Ownership Disclosure Form (See Attached) 1 ® ❑ r a 3/16/2022 P Packet Pg. 635 16.A.14.e COS MT C014"ty Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 239-252-2400 ELECTRONIC SUBMITTAL REQUIREMENT CHECKLIST CON'T REQUIREMENTS FOR REVIEW: ELECTRONIC DOCUMENT REQUIRED NOT REQUIREI Boundary Survey, signed with raised seal, showing existing 1 ❑ conditions and encroachment on 8'/2 in. X 11 in. paper and labeled in bold: "Exhibit A" Copy of the recorded subdivision plat 1 ® ❑ Affidavit of Authorization, signed and sealed, if the applicant isn't the 1 ® ❑ owner A copy of document that granted, conveyed or dedicated the 1 ® ❑ easement to the County or public Upon approval of application, signed with raised seal, two copies of "A" 1 ® ❑ Exhibit will need to be submitted for Board approval and recording. Letters of No Objection from each of the following, as applicable: Electric Company / Florida Power and Light Naples Service 1 ❑ ❑ Center 1220 5` Ave North Naples, FL 34102 Phone: 239-262-1322 Century Link/Lumen ATTN: Kenneth Stinnett Email: Kenneth.stinnett(cDlumen.com 1 ❑ ❑ ATTN: Sherlene Clevenger Email: Sherlene.clevenger(a)lumen.com 3530 Kraft Road, Naples, FL 34105 Phone: 239-920-5935 Collier County Sherriff's Office / Legal Department ATTN: Michael Hedberg 1 ❑ ❑ 3319 E Tamiami Trail, Naples, FL 34112 Phone: 239-252-0660 Greater Naples Fire and Life Safety ATTN: Shawn Hanson, Deputy Chief 1 ❑ ❑ 2700 N Horseshoe Drive, Naples, FL 34104 Phone: 239-774-2800 North Collier Fire Control and Rescue District ATTN: Fire Prevention Bureau and Support Services 1 ❑ ❑ 6495 Taylor Road, Naples, FL 34109 Phone: 239-597-9227 Comcast / Xfinity ATTN: Xavier Medina Email: Xavier Medina(cDcomcast.com 1 E] ❑ 12600 Westlinks Drive, Ste 4 Fort Myers, FL 33913 Phone: Must email Capital Projects Planning, Impact Fees & Program Management Division ATTN: Richard Miller, Project Manager, Principal (Licensed) 1 ❑ ❑ 2685 South Horseshoe Drive, Suite 103 Naples, FL 34104 Email: Richard. Miller colIiercount fl. ov Homeowners Association 1 ❑ ❑ U L0 co 0 J M U r 0 L a 0 N 00 0 0 0 N N 0 N J d a w Q 3/16/2022 P Packet Pg. 636 16.A.14.e COS MT C014"ty Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 239-252-2400 APPLICATION FOR EASEMENT USE AGREEMENT CON'T FEES ■ Application Fee: $2,000.00 ■ Recording Fee: You will be contacted of exact amount prior to BCC meeting. LINKS Online Payment Guide can be located: Here Completed application may be submitted online GMD Public Portal If unf 'liar to applyingon portal or have questions, please look over our E-Permitting Guide 12/6/2022 Appl a,/Agent Signature Date a 3/16/2022 P Packet Pg. 637 16.A.14.e AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) applicable) of under oath, that I am the (choose one) (print name), as owner (title, if (company, if applicable), swear or affirm applicant contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee." • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. c Signature Date g STATE OF Q COUNTY OF Q THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF c ElPHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS DAY OF E 20 BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME OR HAS PRODUCED AS IDENTIFICATION. Q Notary Public — State of (Notary Seal) Printed Name 3/16/2022 Page 4 of 4 Packet Pg. 638 16.A.14.f AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) ,^. 1, - %� �• — �" �` (print name), as� ['Q(( C�'- (title, if applicable) of (company, if applicable), swear or affirm under oath, that I am the (choose one) owner applicant contract purchaser and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions impoossedby the approved action. 5. Well authorizes ti-- `,l�l to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee." • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and M:== / 01"7-0 Z- Signature Date STATE OF FIrG IDA COUNTYOFCGMIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on it,46 ZZ, (date) by (name of person providing oath or affirmation), as &ia.:+n Q C, , who is personally known to me or who has produced 0 - (type of identification) as identification. STAMP/SEAL Erick Esau Perez Benavides kVNotary Public, Commonwealth of MassaGwsefts My Commission Expires September 15, 2028 Signs ure of Notary Public Packet Pg. 639 16.A.14.f AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) (print name), as (title, if applicable) of (company, if applicable), swear or affirm under oath, that I am the (choose one) owner applicant contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by th a proved actio .• 5. Well authorize , (!(:fto to act as our/my representative in any matters reg rding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee." • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, declare that I have read the foregoing Affidavit of Authorization and that the is stated in it ,�tru - r Z ture Date STATE OF FLORIDA COUNTY OF emselk w The foregoing instrument was sworn to (or affirmed) and subscribed before me on (date) by (name of person providing oath or affirmation , as (L(� 4yl- who is personally known to me or who has produced AA (type of identification) as identification. STAM P/SEAL ON Skyat6re of Notary Public _ Erick Esau Perez Senavides Notary Public, Gemmonweafth of Massrchusetts My commission Expires September 15, 2028 Packet Pg. 640 2022 Paid Collier County Notice of Ad Valorem Taxes and Non -Ad Valorem Assessments If Paid By Nov 30, 2022 Please Pay $0.00 Parcel Number Legal Description Mill Code Escrow Code 66150001443 PARROT CAY 299 LOT 65 CARR, BRIAN D & FELITA Y 135 SEAPORT BLVD #2108 BOSTON, MA 02210 Pay in U.S. Funds Drawn on a U.S. Bank To: Collier County Tax Collector 3291 E. Tamiami Trail Naples, FL 34112-5758 POST DATED CHECKS ARE NOT ACCEPTED AND WILL BE RETURNED Visit our website: www.colliertaxcollector.com Assessed Value District Mill Rate Assessed Value Exempt Amt Taxable Value Tax Amount GENERAL FUND 3.5645 212,355 0 212,355 756.94 212,355 WATER MANAGEMENT FUND -SOUTH 0.0948 212,355 0 212,355 20.13 BIG CYPRESS BASIN 0.0978 212,355 0 212,355 20.77 SCHOOL BOARD - STATE LAW 2.2110 212,355 0 212,355 469.52 SCHOOL BOARD - LOCAL BOARD 2.2480 212,355 0 212,355 477.37 Exemptions GREATER NAPLES FIRE RESCUE DI; 1.5000 212,355 0 212,355 318.53 UNINCORP GEN - MSTD 0.8069 212,355 0 212,355 171.35 C.C. WATER POLLUTION CTRL PGM 0.0293 212,355 0 212,355 6.22 CONSERVATION COLLIER 0.2500 212,355 0 212,355 53.09 Millage Total 10.8023 Total Ad Valorem $2,293.92 Pay your current taxes online at: Non -Ad Valorem District Type of Assessment Amount http://www.coiliertaxcollector.com/ 9060 Naples Reserve CDD nunity Improvement 1,898.60 Non -Ad Valorem Total $1,898.60 See reverse side for important information Combined Ad Valorem and Non -Ad Valorem Total $4,192.52 (Detach and Return with your Payment) 2022 Paid Collier County Notice of Ad Valorem Taxes and Non -Ad Valorem Assessments If Paid By Please Pay Parcel Number 66150001443 Nov 30, 2022 $0.00 Mill Code Escrow Code 299 Legal Description PARROT CAY LOT 65 16.A.14.g CARR, BRIAN D & FELITA Y 135 SEAPORT BLVD #2108 BOSTON, MA 02210 11 /15/2022 Amount Paid to Date: 4024.82 Receipt # TAX HSP 1-23-00253266 Paid By On File Packet Pg. 641 7 LLJ Lj = ''� F Ld 4 =wp iga 4o�6+ mw Ul g o os` o p N d x - a 'w W W M\ N Y n J H W I— ry U W w W 2 N��=�3� me�� 0.' o W (A fA ram, Ca oY�E�°sgi �av8a�,�90 sX 5, P= U�LnO a F C E- dam O o W =' w ,w =' °pw 6 pN �l -j to 98 et �-e z �,gg y sg- °az nz g o g �w E E19 gg- P g' k 5 W'a _ noo � �a'"� � � $o � _ azo gog- ���� nook - - m W s nmpo Wo W g'Ug3 g£ �& sew;$ - - o ;; p,; =off wm ". m W£ m € Ems__ Hog t otes `�a'W € "sW,; o �c"a :s=s ap = gnd9°fie=F�=g s egg- ° _ n �� awz �p- s ;a.€ wa �o o " ;o"�" �g" " aos o g� a a $ 7 ° � ��oh 3 s =�„ s eg, p =woo s N €W �= SUiogI� �;a Boss"s o = eam - - \orE=.= J m ° _ n n o sau W We _; _=pae z o« z I ezx'+ lam, �R' 8ao s g"p w a "'"' a "-' €�_` g"�p in ow � � e <2 LL &�'<& a=g o ill MMill _ W �a -€ €8 a _ 8 it �e�g iH mo ���..�=��awb i zo€S �pE o � � =ggt a � m„ � =cps $e �8<„8 �F e�8W8EorggBogm�a$EBeoE"rg�� " g�� Y�gm Wa < 3 F Z ;Y `€�" :4 SegSga W H te' VAS �N= =x� � <ao�paas�as��me�<as�pza��ao a p�Wp ?11 ;-i a�m '<o .s�0�. �d 1� Y■�A oe A A rl 0 0 it a W u� cn m to IVBe = Mq co u "I m la I s Ao I8 0l I - I. 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