Backup Documents 08/26/2025 Item #16F 1 (Absentia 08/12/2025 Item #16A 1) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 A
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
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is al y complete 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 Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3 County Attorney Office County Attorney Office D r2,1p
4. BCC Office Board of County
Commissioners 4 /0/5/ 3/35. Minutes and Records Clerk of Court's Office toU 45.7/9q/OCC--
9•S 44 *
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 8-12-25(in absentia BCC meeting) Agenda Item Number 16A1 (8-12-25)
Approved by the BCC 8-26-25(ratified) 16F1 (8-26-25)
Type of Document Easement Use Agreement Number of Original 1
Attached 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 MLB
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 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 in absentia on 8-12-25 and ratified 8-26-25
and all changes made during the meeting have been incorporated in the attached 1t fACkl
document. The County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the iff/I44 an option for
Chairman's signature. this line.
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
1_11A 1
INSTR 6724745 OR 6503 PG 2520
RECORDED 9/2/2025 12:38 PM PAGES 7
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$61.00 INDX$1.00
Prepared by and return to:
Derek D. Perry, Esq.
County Attorney's Office
3299 Tamiami Trail E, Suite 800
Naples, FL 34112
EASEMENT USE AGREEMENT
This ASEMENT USE AGREEMENT ("Agreement") is made as of this
day of (� t'tit 2025, by and between BRANDON AND GENNY ERNST
("Owners"), whose ost office address is 1030 22nd Ave NE, Naples, FL 34120,
WILSHIRE LAKES MASTER ASSOCIATION, INC. ("Association"), whose mailing
address is c/o PMI Gulf Coast, 1004 Collier Center Way, Ste 105, Naples, FL 34110,
and Collier County ("County"), whose address is c/o County Attorney's Office, 3299
Tamiami Trail E, Suite 800, Naples, FL 34112, hereinafter collectively referred to as the
"Parties."
RECITALS:
WHEREAS, at the time of application for PL20250004549, 9937 Clear Lake Cir
(EUA), Michael and Lisa Trachtenberg were the fee owners and applicants for the
subject petition for the Subject Property defined below; and
WHEREAS, Brandon and Genny Ernst are under contract to purchase Lot 18,
Block 14, Wilshire Lakes, Phase Two, according to the plat thereof as recorded in Plat
Book 27, Pages 24 through 27 of the Public Records of Collier County, Florida, located
at 9937 Clear Lake Circle, Naples, FL 34109, more specifically shown on Exhibit "A"
("Subject Property"); and
WHEREAS, as of the date of the County's public hearing regarding the subject
petition (which is the same date above this agreement is entered into), Brandon and
Genny Ernst are the current fee owners of the Subject Property; and
WHEREAS, as set forth in Wilshire Lakes, Phase Two, according to the plat
thereof as recorded in Plat Book 27, Pages 24 through 27, the County is record owner
of certain non-exclusive Lake Maintenance and Access and 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, Owners purchased the Subject Property in 2025 and seek to
construct, repair, and/or maintain an aluminum porch (depicted as a screened enclosure
with pool pavers) built around 2025 that encroaches up to 1.95 feet into the 20-foot-wide
Lake Maintenance and Access and Drainage Easement along the north side of the
Subject Property ("Encroachments"), as shown on Exhibit "A"; and
[25-EIS-05183/1945525/1] Page 1 of 5 p
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16A 1
WHEREAS, the County has no present objection to the continued use of the
Encroachments within the Easement Area, provided that the Owners and Association
agree 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 above, 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. Owners 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 Owners 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. Owners agree 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 Owners, their respective
contractors, agents, employees or invitees at any time while the Encroachments
remain within the Easement Area. Further, Owners for themselves, 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.
[25-EIS-05183/1945525/11 Page 2 of 5 p
cJ
16A 1
6. This Agreement shall be governed by the laws of the State of Florida.
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 (as to both): AS TO OWNERS:
-4� Lb P-34117 /IA, 4.5r
Witness #1 Signature
Je
BRANDON ERNST
— IQ.od h .c.ei L
Witness #1 P inted Name
c
GENNY E ST
Witn #1 P
cc.k4 rn o f N6 fk'cka
itnest#2 Signature
Witness #2 Printed Name
C.PS I I Sri -U Ili .a01-7
Witness #2 Post Address
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Easement Use Agreement was acknowledged before me
by means of physical presence this 144 day of !, OO j 2025, by
BRANDON AND GENNY ERNST, who,'are personally known to me or ❑ has
produced as identification.
ookliiiiiii/00, Ale....
CCU;4•0,5_io•.... �'%�
Q•�z ,,,,_ �zo�F+ .G'
:� NTARY N N= Notary Public/State ofi?c( Le7_
Florida
.. PUBL ��• Kg Rde11
'-�`��'••4' S°9•' Printed Name ofNotary Publid
[25-EIS-05183/1945525/1] Page 3 of 5 p
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16A 1 '
WITNESSES: AS TO ASSOCIATION:
yyr„I.,j11 terloLrl G' WILSHIRE LAKES MASTER
witness 1 Signature ASSOCIATION, INC.
Vci:r�rl v rrvirtt7l eL �C�'1 d"Piy.�
Witness #1 Printed Name By: U
rin Thomas, President I
#1 Post Address
ess#2 ignature
—100Jan ) ---Lo,-v4)
Witness #2 Printed Name
9,4.20 OcA-,curb; \- -ch V-c- _
Witness #2 Post Address
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Easement Use Agreement was acknowledged before me
by means of physical presence this (t+ day of O 2025, by
Karin Thomas as President of the WILSHIRE LAKES MAS ER ASSOCIATION, INC.,
who ❑ is personally known to me or II'has produced {�1---13li- as
identification.
ta_/(-
GUILLERMOA.ROMERO Nota 't.i i5 Late of Florid.
-p°a Notary Public,State of Florida i' n exM z /1 - . A`
_ „�,, Commission#HH 277257 ;/j 1
��"" My comm.expires June t6,2026 Printed Name of Notary Public
[COUNTY Signature Page to Follow]
[25-EIS-05183/1945525/1] Page 4 of 5 0
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16A 1
AS TO COUNTY:
BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerkof the COLLIER COUNTY, FLORIDA
Circuit Qourt & Comptroller
By By: AtilitAgifornbies--
Attestes to Chairman's.. , De rk Burt L. Saunders, Chairman
signature only
Approved as to form and I Iity:
Cit A D oti
`Derek D. Perry \✓ N4
Assistant County Attorney h�
[25-EIS-05183/1945525/1] Page 5 of 5 p
cy
Ordered By: EXHIBIT "A" 6 A 1
nov1i LwIF ririF
LAKE
TRACT "A3"
CONSERVATION AND IT 8.9058,32,,E
DRAINAGE EASEMENT F.I.R. 1/2"
90.00'(R&M) NO ID
F.I.R. 1/2"li) L j l
NO ID 20'DRAINAGE
le LAKE
LOT 18
m r6 1,-)MAINTENANCE BLOCK 14
\ EASEMENT
"cci I— —I-
0 I
PAVERS
N �\I POOL o
1?.03'
EDGE41
rn 16.80' In
coo SCREENED 1
.1 RE.
ENCLOSURE
41 IMTH POOL P.H.
a' PAVERS 7.02'
1.111 .11.111
p 1
0' 10' 20' PAVERS \5. 10.00'
1 inch = 20' It.
csi
12.08' vi ROOFEDro, INLOT 17
s.40' o I10 BLOCK 14
LOT19 N s- o "i q'o
BLOCK 14 0CI 14.54' ch co
,• o
(75 ,,,...1O Tt. ONE STORY
+
b RESIDENCE
0.5_
e #9937
cNi
r7.5'DRAINAGE
AC I_ I EASEMENT
6.95' ' 1111
CONC o\ IN 11.07' AC
/ 9.0'
0 o ROOFED GEN€RATOR
12.09' 3.34'"i._6.23'/ \PAVERS o �L
7�85'r— 9.0' • 11.06' 1PP 01'
0.3 f /. 19.40' v I
i
0
N PAVERS CONC
`O N
N DRIVE
N
BASIS OF BEARING
I(PER PTA IT" —I
N 89'58'32" W �TO' UTILITY
383.36' EASEMENT
f f
P.C.� F.I.R. 1/2" 90.00'(R&M) F.I.R. 1/2"
F.I.P. 1/2" NO ID N 89"58'32"W q NO ID
NO ID
16't PARKWAY
_,_ _. •
_ �'VALLEY GUTTER
s
60' TRACT "R" (SY PLAT),'•','••, _
... .......... ...........................
24'± ASPHALT PAVEMENT.................... •'•"-......
:...: CLEAR LAKE CIRCLE . :.::.:..:::::............
...... . LPRIVATEROAD). ._ .,
POINTS OF INTEREST:
DRIVEWAY AND SCREENED ENCLOSURE ARE OVER EASEMENTS:DRIVEWAY CROSSES LOT LINE.
SURVEYORS CERTIFICATION'I HEREBY CERTIFY THAT THIS'BOUNDARY SURVEY"1S A TRUE
MAP OF BOUNDARY SURVEY AND CORRECT REPRESENT_ VEY PREPARED UNDER MY DIRECTION THIS
COMPLIES WITH THE MI I . DAROS,AS SET FORTH BY THE STATE OF
FLORIDA BOARD OF P OF- LDNAI SU' . AND MAPPER/N CHAPTER 5.F/7.051.FLORIDA
Property Address: ADMINISTRATIVE C••E-LI ANT TO CM. .027,FLORIDA STATUTES.
9937 CLEAR LAKE CIR No 55'
NAPLES,FL 34109 l�
'c STATE OF
Et
lidSIGNED ',I' FOR THE FIRM
SURVEYORS,INC. GUILLERMO A. 1 ?4i' P.S.M.No.6453
STATE OF FLORIDA
6175 NW 153rd St#401, NOT VALID WITHOUT AN AUTHENTIC ELECTRONIC SIGNATURE AND AUTHENTICATED
Miami Lakes.FL 33014 ELECTRONIC SEAL AND/OR THIS MAP IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A LICENSE SURVEYOR AND MAPPER.
vwvw.OnlineLandS urveyors.Com
0
Survey Date:3/25/2025 Survey Code:O-124004 Page 1 of 2 Not valid without all pages. GP
115A 11
_ fi
ea lake C,rt'e error Lake^;--,,, ••
`t,INe .
9937 Clear lake Circle. s
'*0 C.ie Naples.FL 34109 ,r:,r LekeG" _--111 t .
1111101
V .
LOCATION MAP N.T.S. PROPERTY FRONT VIEW
CERTIFIED TO: FLOOD INFORMATION:
DAVID R.HUPRICH,ALISHA M.HUPRICH Community Number: COLLIER COUNTY UNIC 120067
ROYAL GULF TITLE,LLC Panel Number: 12021CO213H
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Suffix: H
TO BE DETERMINED Date of Firm Index: 2/8/2024
ITS SUCCESSORS AND/OR ASSIGNS AS THEIR Flood Zone: AH
INTEREST MAY APPEAR. Base Flood Elevation: 12.5
Date of Survey: 3/25/2025
LEGAL DESCRIPTION: LOT 18,BLOCK 14,OF WILSHIRE LAKES,PHASE TWO,ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 27,PAGE 24 THROUGH 27,INCLUSIVE,OF THE PUBLIC RECORDS OF
COLLIER COUNTY,FLORIDA
_ PROPERTY UNE Surveyor's Legend
t _l STRUCTURE
CONC.BLOCK WALL a TREE USE. LAKE or.A LSCAK VNNT,ESMT ESMT EASEMENT
ROL ROLE EACIRANC USENET., DE. DRAINAGE EAEEVEr.'
- r - CHAIN.UIKPr WIRE FENCE Q P.P. POWER POLE RR POOL PUMP LAVE LANOSCAPE OUra/I a-,7
.- _.w.-- -_ WOOD FENCE SC.B. G7W BA R PL PLANTER OR PROPERTY UNE :.A.t. LEAFED ACCESSEAU M'.'
CU.L COUNTY 1.1111.111 OW ID. IDENTKICATION TEL TELEPHONE FACILITIES
-.•.__*._-o--- IRON FENCE LL/LL N.9S/(:ASS E4I- B.C. BLOCK CANNER U.P. UTILITY POLE
EAmEN- uL U1t11Y utolo.T gR SEARING REFERENCE E.U.B. ELECTRIC UTILITY BOO
Rio At E FOUND Nei PPE/REBAR A CENTRAL ANGLE or DELTA SEP.T. SEPTIC TANK
— — CENTER UNE MN AS NOTED ON RAT R RECORD OR RADIUS G.F. DRAIN-FIELD
IU
nII :BS tlCOEY/-BUSINESS AAD. RADIAL AC AIR CONDITIONER
f�/7//,1 WOO DECK �/ CALCULATED
T-SURVEYOR
N.R. NON RADIAL CSW CONE SIDEWALK
��,111 CALL GLCULATED PART TAN TYPICAL DRIVE DRIVEWAY
_ 2ET SET MONUMENT IR :RCN R00 SCR. SCREENED AREA
♦ CONTRO.PANT CAR. GARAGE
U " , CONCRETE ■ CONCRETE MONUMENT .P. NON PIPE ENCL. GARAGE
SURE
NOD NAL&DISK
{ ASPHALT ELEV ELEVATION , PM. PARKER-KALON NAIL H.T.S. NOT TO SCALD,
i P.T. POMT OF TA SANC`- .H. DR'LL HOLE F.F.E. E TsHEO FLOORELEVATION
D
P.0 PERM Cr T RE'EUR£ ® WELL T.O.B. TOP OF BANK
mini BRfCKRLE P.R M. PERMANENT RErLNWCE tlONUNE1tT FIRE HYDRANT LOW. EDGE OF WATER
P.C.C. POINT OF COMPOUND CURVATURE E/P OR E.O.P. EDGE Of PAVEMENT
r////// ,->1 WAS P.R.C- POINT OF REVERSE OJPVATIME 0.M.X. OVERHEAD LINES C.V.G. CONCRETE`!ALLEY GUTTER
) P.O.B. PONT OF BEANN.NG TX TRANSFORM B.S.L. BUILDING SETBACK UNE
EA
P.O.C. POINT OF COMMENCEMENT S.T.L. SURVEY TIE UNE
N.C.R. PERMANENT CONTROL PONT CATY CABLE N.R15ER € CENTER UNE •
--_,_,� APPRO)eMATE EDGE OF WATER W.M. WATER METER
N FIELD MEAS:RED R/W RICH,1T OF WAY
P PLATTED MEASURYE:? POOL EOUIPMCNr c _„
CONC CONCRETEv t
I COVERED AREA C CA CULATED ML MONUMENT LINE ,L�
ANCHOR ESSIT ACCESS ESMT
4ENERALNOTES: ,'t 'v<A Florida Land
11 LEGAL DESCRIPTION PROVIDED BY OTHERS. ji p
2) EXAMINATION OF THE ABSTRACT OF TITLE WILL HAVE TO BE MADE TO Title Association
DETERMINE RECORDED INSTRUMENTS,IF ANY,AFFECTING PROPERTY. E,�,,�,,
4) THE PURPOSEO3) THE LANDS FMTHISSURVEYON YIISFORUE NOT SEINOBTAININGTITLEINSURANCE —FLT� Affiliate.Member
STRACTED FOR EASEMENT OR
OTHER RECORDED ENCUMBERANCES NOT SHOWN ON THE PLAT.
AND FINANCING AND SHOULD NOT BE USED FOR CONSTRUCTION,PERMITTING --.-----------
DESIGN,OR ANY OTHER PURPOSE WITHOUT THE WRITTEN CONSENT OF ' "5`tooles
ONLINE LAND SURVEYORS INC. Printing to Scale: , Cc,,,, I `-N"x 5) UNDERGROUND PORTIONS OF FOOTINGS,FOUNDATIONS OR OTHER : n,,,.'
IMPROVEMENTS WEREp�
NOT LOCATED. T. Select"None"from Page Scaling 1 - ---- ---
6) ONLY VISIBLE AND ABOVE GROUND ENCROACHMENTS LOCATED. 2. Deselect"Auto-Rotate and Center" (2).rrnu>mrracmv
7) FENCE OWNERSHIP NOT DETERMINED. 3. Select"Choose paper source by .3 ioNeu Pox mace e.r rDF rMv=a<
8) WALL TIES ARE TO THE FACE OF THE WALL PDF page size"
9) BEARINGS ARE BASE ON AN ASSUMED MERIDIAN.
10) BOUNDARY SURVEY MEANS A DRAWING AND/OR GRAPHIC REPRESENTATION •
OF THE SURVEY WORK PERFORMED IN THE FIELD,COULD BE DRAWN AT A FIELD WORK: 3/24/2025 G N. C�FRkgc
SHOWN SCALE AND/OR NOT TO SCALE. FY t F I.R
11) NO IDENTIFICATION FOUND ON PROPERTY CORNERS UNLESS NOTED. (6 TF.
12) NOT VALID UNLESS SPA;FOWITH THE SIGNING SURVEYORS EMBOSSED SEAL DRAWN BY: D.1. •
OR ELECTRONIC SEAL. No 645/3
13) DIMENSIONS SHOWN ARE PER PLAT AND MEASURED IN THE FIELD UNLESS CHECKED BY: G.A.G.
OTHERWISE SHOWN.
14) ELEVATIONS IF SHOWN ARE BASED UPON N.G.V.D.1929 UNLESS OTHERWISE FINAL REVISION: 03/25/2025
NOTED.
15) THIS IS A BOUNDARY SURVEY UNLESS OTHERWISE NOTED. ? c
16) THIS BOUNDARY SURVEY HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF COMPLETED: 3/25/2025
• STATE OF ,.
THE ENTITIES NAMED HEREON;THE CERTIFICATIONS DO NOT EXTEND TO ANY e-
UNNAMED PARTIES. SCALE: r.=20' +�TQ,1,A.L O R 1 V' 8-.
17) THE EXISTENCE OF ADDITIONAL RECORDED OR UNRECORDED INSTRUMENTS. •61) • R
EASEMENTS AND/OR RESOLUTIONS NOT AVAILABLE TO SURVEYOR MAY EXIST SURVEY CODE: 0-124004
6175 NW 153rd St#401
Miami Lakes,FL 33014
( )nlineLand
Phone:(305)910-0123
SURVEYORS,INC. Fax: ury ors.Co9
www.OnlineLandS urveyors.Com O
Survey Date:3/252025 Survey Code:O-124004 Page 2 of 2 Not valid without all pages. GP