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Backup Documents 03/12/2024 Item #16B 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 ..S B 3 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. :kV-0 **NEW** ROUTING SLIP , r4 j 6129- Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alre co lete 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 00 ° 3I I,l r3izy 4. BCC Office Board of County Commissioners q 4 /7,// 3/is/ . ( 5. Minutes and Records Clerk of Court's Office 0/1 2_�r� � �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 Dennis McCoy/TMSD Phone Number 252-5726 Contact/ Department Agenda Date Item was March 12,2024 Agenda Item Number 16B3 Approved by the BCC Type of Document Easement Use agreement Number of Original 1 Attached Documents Attached PO number or account See attached check 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? Stamp ok 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 DM signed by the Chairman,with the exception of most letters,must be reviewed and signed 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 DM 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 DM 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 3/12/24 and all changes R1A is not made during the meeting have been incorporated in the attached document. The OP /1( optiop f County Attorney's Office has reviewed the changes,if applicable. �Y 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 CO? 1 : on for Chairman's signature. thl<s 144e 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 6552112 OR 6364 PG 2704 1 8 B 3 RECORDED 5/30/2024 10:07 AM PAGES 2 Owner: Georgina Rodriguez CLERK OF THE CIRCUIT COURT AND COMPTROLLER Address: 1680 18th Ave NE COLLIER COUNTY FLORIDA REC$18.50 Parcel ID No. 37860200000 EASEMENT USE AGKEEMEIV'1' (16th Street NE Bridge Project No. 60212—Right of Way EUA) This EASEMENT USE AGREEMENT ("Agreement") is made as of this /21.4 day of MAKCti 20Zy ,by and between Georgina Rodriguez("Owner")and Collier County("County"). WHEREAS, Owner is the current fee owner of that certain real property known as the North 180 Feet of Tract 2, Golden Gate Estates, Unit No. 25, according to the plat thereof as recorded in Plat Book 7, Pages 13 and 14,of the Public Records of Collier County, Florida(hereinafter"Subject Property");and WHEREAS, as set forth in Plat Book 7,Pages 13 and 14,the Public was granted of certain right- of-way easement rights that the County holds in trust, as referenced in the Plat's dedication paragraph, a portion of which encumbers the Subject Property(hereinafter"Easement Area"); and WHEREAS,Owner has a fence(the"Encroachment")in a portion of the County's Easement Area located on Owner's Subject Property that is approximately 0.27 feet of the Easement Area and not in direct conflict with the 16th Street NE Bridge Project No. 60212;and WHEREAS, the County has no present objection to the use of the Encroachment within the Easement Area, provided that Owner agrees to the terms and conditions set forth below. 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, Owner and County hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein. 2. 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 Encroachment arising out of the County's maintenance activities within the Easement Area,whether such damage is intentional or unintentional. 3. The County agrees that until otherwise notified,Owner may continue the use of Encroachment within the Easement Area, however,the County retains the right, in its sole discretion,to demand by written request that the Encroachment be removed from the Easement Area, which Owner shall do at their sole cost and expense within a reasonable time from receipt of such request. 4. The Encroachment shall only be what is in existence as of the date of this agreement, a fence up to 0.27 feet into the Easement, and no other construction shall be allowed or in effect in said Easement. 5. Owner agrees for him/herself 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, his/her respective contractors, agents, employees or invitees at any time while the Encroachmentremains within the Easement Area.Further, Owner, for him/herself, 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 Encroachment during the normal operation,maintenance, repair and/or replacement, as applicable,of the Easement Area and/or the Encroachment and/or the infrastructure,which may now or in the future be located within the Easement Area. Page 1 of 2 CAL) • 16B 3 6. This Agreement shall be recorded at the Owner'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. IN WITNESS WHEREOF, the parties hereto have executed this Easement Use Agreement as of the date first above written. WITN SES: ) OWNER: Wit ' Sig ture .k�ti� ,T a -j ' • ' n Georgina Rodriguez RhQ o� Witn s:1:rinted Name/7- v _ _.,,,a, _. . _ _ , cA- s#2 Signature l--..Vv c �cx 1/ . C 2 ct Witness#2 Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of physical presence this .30 day of Su_vuz_ 2023, by Georgina Rodriguez, who ❑ is per nally known or ck�s produced Dnvz/5 �l'c.Q, frAtillIlUtfy, as identification. „71, ...c;;sAtssto4;•••0 „ 4, kja,d <� y . Notary Signatu e w: =o:o cc9n234 *= ee-Irp 1 l kiaird f� '.yA�4aed mo .."• ,-, Notary Printed Name �. O ••.blic 1inder . G O ATTEST'. ��ii/�STATE-1` As to County: CRYSTAL K.KINZEL, LEENIC BOARD OF COUNTY COMMISSIONERS COLLIER COON Y FLORIDA By: Attest a to Cnnln1.- id Deputy Clerk 3 signature only By: Approved as to form and legality: Chri aAulgatt. Chairman 6.1,,a, a t Derek D. Perry �� Assistant County Attorney Al,/ �2 1, \ti\ [23-ECM-02923/1795988/1] Page 2 of 2 r1 10