Backup Documents 09/26/2017 Item #16A28 ORIGINAL DOCUMENTS CHECKLIST & ROUTATeSL P 611-241)r7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SE
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR 2
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County ttorney 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.
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 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. John Houldsworth Development Review JH
3. County Attorney Office County Attorney Office1/47
f
4. BCC Office Board of County
Commissioners \re451 . \\Z--k\NA
5. Minutes and Records Clerk of Court's Office
f- 4111 n 3.-9-ciP'
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 John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date Item was September e/26,2017 Agenda Item Number 16-A28
Approved by the BCC
Type of Document Easement Use Agreement—Nature Pointe Number of Original One
Attached Lot 15 Documents Attached
PO number or account c}f
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''iginal gnature? N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, -JH 1/n
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 JH
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 JH
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
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
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 September 4/26,2017 and all changes
made during the meeting have been incorporated in the Attached 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
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
11-- f 1S —63L-3(0
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
16A2R
MEMORANDUM
Date: October 4, 2017
To: John Houldsworth, Senior Site Plan Reviewer
Growth Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: (Recorded) Easement Use Agreement— Nature Pointe Lot 15
Attached for your records is a copy of the document referenced above, (Item #16A28)
approved by the Board of County Commissioners Tuesday September 26, 2017.
The original will be held in the Minutes and Records Department for the Board's
Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
1642r
EASEMENT USE AGREEMENT
THIS EASEMENT USE AGREEMENT ("Agreement") is made and entered into this
day of , ,p-ke,,,,-Obt,r , 2017 by and between Douglas S. Lee and Min Chung Kim,
husband and wife ('Owner"), the Nature Pointe Homeowners Association, Inc., a Florida not for
profit corporation ("Association"), and the Collier County Board of County Commissioners
("County"), a political subdivision of the state of Florida. Owner, the Association and the
County are collectively referred to herein as the "Parties".
RECITALS:
WHEREAS. Owner is the record owners of the fee simple interest in and to that certain
parcel of real property known as Lot 1.5, Nature Pointe, according to the Plat thereof as recorded
in Plat Book 20, Pages 20 through 22 of the Public Records of Collier County, Florida, more
particularly depicted on Exhibit "A" ("Subject Property"); and
WHEREAS, that certain plat of Nature Pointe, recorded at Plat Book 20, Pages 20
through 22, of the Public Records of Collier County. Florida (`Plat"), dedicated a 25' Wide
drainage easement along the rear of the Subject Property ("25' Wide Drainage Easement"), to
the County with no maintenance responsibility; and
WHEREAS, the non-exclusive drainage rights encumbering the 25' Wide Drainage
Easement are managed and maintained by the Association; and
WHEREAS, approximately six and one-tenths (6.1) feet of steps and planters
("Improvements"), encroach into the 25' Wide Drainage Easement, as more particularly
depicted on Exhibit "B"; and
WHEREAS, Owner purchased the Subject Property with the Improvements existing in
the 25' Wide Drainage Easement, and the County has no objection to allow the Improvements to
continue in the location they exist, 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 Improvements 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 mutually agree as follows:
I. The County and the Association hereby expressly agree to allow the
Improvements to continue to exist in the 25' Wide Drainage Easement, as depicted on Exhibit
13".
INSTR 5453452 OR 5435 PG 3536
1 RECORDED 9/29/2017 4:01 PM PAGES 7
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$61.00
1 6 A 28
2. Owner shall provide the County and/or the Association, as applicable, whatever
access they require to continue their nonexclusive drainage easement rights.
3. The County agrees that, until otherwise notified, Owner may continue the use of
the Improvements within the 25' Wide Drainage Easement to the extent shown on Exhibit "B";
provided, however, that the County retains the right, in its sole discretion, to demand by written
request that the Improvements be removed from the 25' Wide Drainage Easement, which Owner
shall do at its sole cost and expense within a reasonable time from receipt of such request.
4. Owner and the Association agree, for themselves and their respective successors
and assigns, that each shall release, indemnify 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
25' Wide Drainage Easement by Owner or the Association, and/or their respective contractors,
agents, employees or invitees, at any time while the Improvements remain within the 25' Wide
Drainage Easement. Further, Owner and its 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 25' Wide Drainage Easement by the County, including but
not limited to, damage which may occur to the Improvements during the normal operation,
maintenance, repair and/or replacement, as applicable, of the 25' Wide Drainage Easement
and/or improvements and/or the infrastructure which may now or in the future be located within
the 25' Wide Drainage Easement.
5. This Agreement shall be binding upon the Parties hereto, their respective heirs,
successors and assigns forever.
6. This Agreement shall be governed by the laws of the State of Florida.
Signatures appear on the following page.
2
16A28
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
as of the day, month and year as first above written.
Signed, Sealed and Delivers
In the presence of:
WITNESSES: OWNER:
64/ /2a (, ,i,La' { —
Print Name: j' i Q.n r (c, (i�,1,{r[TQl►i I l Douglas S. Lee
At-
'int Name: QX-1
Qur �I,7 "GCS
Print Name: ( � Min Chung Ki
'sent Name: 441111.MIMEr •
WITNESSES: ASSOCIATION:
Nature Pointe Homeowners Association, Inc.,
a Florida not for profit corporation
By:
Print Name: Print Name:
Its:
Print Name:
ATTEST: COUNTY:
Board of County Commissioners,
Collier County, Florida
OuA i
A , Penny Taylor, Chairman
signatc -onty.
Approved as to form and legality:
( job i i7
Scott A. Stone
Assistant County Attorney
3
. ,
16A28
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
as of the day, month and year as first above written.
Signed, Sealed and Delivers
In the presence of:
WITNESSES: OWNER:
Print Name: Douglas S. Lee
Print Name: Min Chung Kim
WITNESSES: ASSOCIATION:
Nature Poi, 2 :,.meowners Association, Inc.,
a Floridan of for pr. corporation
.y, .„,
Print ame: of .;, etik Ie'e ' int N. •e: r rr T_
Its. ► �,
/-gbi 4-AA
Print Name: MA' 3 u
ATTEST: COUNTY:
Boar. of County Commissioners,
,,. � Coll'-r .unty, Florida
frf
ght E. Brockc,x rk Penny Taylo ,Chain r4 Attain to airman's
Signature only.
Appr ed as o form and legality: l
Scott tone A GA,u6/?7
Assistant County Attorney
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S"—- " L Y SKETCH CH OF SPECICIC PURPOSE. SURVEY COPYRIGHT 20161 F.L.A. SURVEYS CORP.
I THE SPECIFIC PURPOSE OF THIS SURVEY IS TO ADD ADDITIONAL NOTES THE LINES CSV THIS SKETCH DO NOT CONSTITUTE OWNS P:'.
TO THE BOUNDARY SURVEY PREPARED BY THIS SURVEYOR ON FEBRUARY
22, 2016. THESE NOTATATIONS ARE FOR USING THIS DOCUMENT AS A PAGE 1 OF 2 -,.0 2 t.
RECORDED EXHIBIT FOR AN 'EASEMENT USE AGREEMENT'.
NOT FOR FENCE CONSTRUCTION EXHIBIT t}B f t SEE REVERSE SIDE FOR PAGE 2 OF 2
NOT FOR CONSTRUCTION EXHIBIT 9�
NOT FOR DESIGN STREET ADDRESS
a: 1635 GORDON RIVER LANE
ct NAPLES, FLORIDA
(04
FND PK
1 LB#43
U�p I N
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c:414 ,-I y 25' WIDE DRAINAGE: LOT 14 '6'
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FIR 5i' / L EASEMENT i c'?:',.'
5621 ' W �i
OFFSET/' I e 5.89`06'35'E.
5.89°06'35'E. 125' (P) rat 12' (P)
:.•C... 1,„...----- S.89'18'53'E.
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' IMPROVEMENTS .. , �i?12!5' nic 12I5'I FPL y
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END PK a
H10.0' r-- DISC LB 43
l'aZ^�' re � F�ORt
�l'kC SU4VE,°'‘
CERTIFIED TO : N
DOUGLAS S. LEE & MIN CHUNG KIM, HUSBAND AND WIFE, tY aisi E
AND THEIR SUCCESSORS111V .
NATURE POINTE HOMEOWNERS ASSOCIATION, INC,
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
COLEMAN, YOVANOVICH & KOESTER, P.A.
LEGAL DESCRIPTION SCALE 1' = 30'
LOT 15, NATURE POINTE, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 20, PAGES 20-22, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA MEASURED BEARINGS SHOWN ARE BASED
ON STATE PLANE COORDINATES (FLORIDA
QUALITY CONTROL EAST ZONE) AS ACQUIRED BY USING GPS
TECHNOLOGY AND IS THE 'BASIS OF
BY : MEF _- _ DATE :_ 3/01/2016 BEARINGS'.
I CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS
SET FORTH BY THE BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS INS Thi
CHAPTER 51-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT 70 SECTION r
472.027, FLORIDA STATUTES. x a
o 7 15 30 60
CERTIFICATION : GRAPHIC SCALE
I CERTIFY 11-IAT THIS SURVEY WAS /MADE UNDER MY RESPONSIBLE CHARGE. NOTE,
��7� �_V W IN COMPLIANCE WITH F.A.C.
BY :_ SURVEY DATE 2/22/2016 51-17.052 (2) Id) CO CIF LOCATION OF
EASEMENTS OR RIGHT-OF-WAY OF RECORD,
CLINTON W. FINSTAE, CFM, PLS #2453 LELAND F. DySARD, PIS #3859 OTHER THAN THOSE ON RECORD PLAT, IS
MARY E. FINSTAD, CFM, PSM #5901 REQUIRED, THIS INFORMATION MUST BE
'NOT VALID WITHOUT SURVEYOR'S SIGNATURE AND EMBOSSED SEAL FURNISHED TO THE SURVEYOR AND MAPPER,
NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS OR FREEDOM OF ENCUMBRANCES. NOTE IF APPLICABLE, FENCES SHOWN MEANDER
FLORIDA STATUTE 5J-17.05 (3) (c): TWO SITE BENCHMARKS REQUIRED FOR CONSTRUCTION ON OR OFF LINES. (APPROX. LOCATION ONLY)
NOTE, PROPERTY OWNER SHOULD OBTAIN WRITTEN FLOOD ZONE DETERMINATION FROM LOCAL PERMITTING,
PLANNING AND BUILDING DEPARTMENT PRIOR TO ANY CONSTRUCTION PLANNING AND/OR CONSTRUCTION.
3884 PROGRESS AVE., SUITE 104 REVISIONS •
•
F.L.I . SURVEYS CORP. 239 4031-E 600E ATI4 NOTES/CERTS
PROFESSIONAL LAND SURVEYORS & MAPPERS-LB 6569 239-404-7129 239-580-2795 03/20/2017
239-250-2792 239-825-85D4 PROJECT NO:
9220 BONITA BEACH ROAD, STE 200 a7
I
1 'DRAWN BY: JCP PARTY CHIEF: SM BONITA SPRINGS, FL 34135 6-85069—SPC O
8 PAGE 2 OF 2 85. RING=ITEM DETECTED BY METAL DETECTOR BUT 1 6 A L..
NOT VALID WITHOUT NOTRECOVEREU
86. RNG=RANGE
PAGE 1 OF 2 87. ROW=RIGHT-OF-WAY
88. RR SPK=RAILROAD SPIKE
GENERAL NOTES 89. SAT=SATELLITE DISH
ABSTRACT NOT REVIEWED 90. SEC=SECTION
91. SPK&D=SET PK WITH DISC WITH LB NUMBER
N=NORTH 92. SIR=SET 5/8"IRON ROD WITH LB NUMBER
S=SOUTH 93. TBM=TEMPORARY BENCH MARK
E o EAST 94. TECO=TAMPA ELECTRIC COMPANY
W c WEST,OR ANY COMBINATION THEREOF 95.96. TEL=TELEPHONE',FACILITIES
TOB=TOPOF BANK
1. •=DEGREES 97. TI'=TRANSMI7TERPAD
2. '=MINUTES WHEN USED INABEARING 98. TUE=TECHNOLOGY UTILITY EASEMENT
3. •=SECONDS WHEN USED INA BEARING 99. TVR.TELEVISION RISER
4. •=FEET WHEN USED INADISTANCE 100. TWP=TOWNSHIP
5. "=INCHES WHEN USED IN A DISTANCE 101. UE=UTILITY EASEMENT
6. t="MORE OR LESS"OR"PLUS OR MINUS" 102. VF=VINYL FENCE
7. A=ARC DISTANCE 103. W=WATER SERVICE
8. AC=ACRES 104. WH=WATER BOX
9. A/C=AIR CONDITIONING PAD 105. WE=WOOD FENCE
10. AE=ACCESS EASEMENT 106. WPP.WOOD POWER POLE
11. B.E.=BUFFER EASEMENT 107. WREC=WITHLACOOCHEERIVER ELECTRIC
12. EM=BENCHMARK COMPANY
13. BOB=BASIS OF BEARING 108. A=DELTA OR CENTRAL ANGLE OF CURVE
14. IIRG=BEARING 109. DIMENSIONS ARE IN FEET AND IN DECIMALS
15. C#=CURVE NUMBER THEREOF
16. C=CALCULATED 110. ELEVATIONS SHOWN HEREON ARE NAVD 1988
17. CB=CATCH BASIN UNLESS OTHERWISE STATED
18. CHB=CHORD BEARING III. ALL PHYSICAL IMPROVEMENTS SHOWN WITHOUT
19. CHD=CHORD DIMENSIONS ARE FOR INFORMATIONAL PURPOSES
20. CU,=MAINLINE FENCE ONLY.THAT THEY DO EXIST,BUT WERE NOT
21. CM=CONCRETE MONUMENT NECESSARILY MEASURED IN THE FIELD.
22. CO=CLEAN OUT 112. NOTE:LEGAL DESCRIPTION PROVIDED BY CLIENT
23. CONC=CONCRETE UNLESS OTHERWISE NOTED.
24. CP=CONCRETE PAD 113. EASEMENTS AND RIGhT OF WAYS SHOWN ARE PER
25. CSW=CONCRETE SIDEWALK RECORDED PLAT OR AS FURNISHED BY THE CLIENT
26. CTV=CABLE TV RISER 114. FOUNDATION LINE BELOW IRE SURFACEOFTUE
27. CUE=COLLIER COUNTY UTILITY GROUND IS NOT REFLECTED
EASEMENT 115. THIS SURVEY IS NOT TO BE USED FOR
28. U=DEED CONSTRUCTION PURPOSES UNDER ANY CONDITION
29. DE=DRAINAGE EASEMENT UNLESS OTHERWISE STATED
30. DTI=DRILL HOLE 116. NO UNDERGROUND INSTALLATIONS OR
31. DI=DROP INLET IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS
32. ELEC=ELECTRIC NOTED
33. EOP=EDGE OF PAVEMENT 117. NO INSTRUMENTS OF RECORD REFLECTING
34. EOR=EDGE OF ROAD EASEMENTS,RIGHT OF WAYS,AND/OR OWNERSHIP
35. EOW=EDGE OF WATER WERE FURNISHED THIS SURVEYOR EXCEPT AS SHOWN
36. F=AS LABELED OR FOUND IN THE FIELD 118. THEREARENO VISIBLE ENCROACHMENTS EXCEPT
37. F.A.C.=FLORIDA ADMINISTRATIVE CODE THOSE AS DELINEATED ON THIS PLAT OF SURVEY
38. FCC=FOUND CROSS CUT 119. TIES ARE TO FIELD LINES UNLESS OTHERWISE
39. FCM=FOUND CONCRETE MONUMENT NOTED
40. FEMA=FEDERAL EMERGENCY 120. THERE MAY BE ADDITIONAL RESTRICTIONS AND/OR
MANAGEMENT AGENCY EASEMENTS THAT ARE NOT RECORDED ON SAID
41. FDII FOUND DRILL HOLE PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS
42. FEE"FINISH FLOOR ELEVATION OF THIS COUNTY
43. FII=FIRE HYDRANT 121. FENCES MEANDER ON AND OFF LINE,APPROXIMATE
44. ElI'=FOUND IRON PIPE LOCATION ONLY UNLESS STATED OTHERWISE.
45. FIR=FOUND IRON ROD 122. THE LINES ON THIS SKETCH DO NOT CONSTITUTE
46. EN=FOUND NAIL OWNERSHIP
47. END FOUND 123. THE INTENT OF THIS SURVEY IS FOR TITLE
48. FPK=FOUND PE NAIL TRANSFER ONLY
49. FPK&D=FOUND PK NAIL AND DISC 124. FLORIDA STATUTE:TWO SITE BENCHMARKS ARE
SO. GTE TELEPHONE RISER REQUIRED FOR CONSTRUCTION.
51. ILLEG.=ILLEGIBLE LB OR PSM NUMBER 125. THIS SURVEY DOES NOT REFLECTOR DETERMINE
52. LB"LICENSED BUSINESS OWNERSHIP.
53. LEE=LANDSCAPE BUFFER EASEMENT 126. 121. F.E.M.A.FLOOD HAZARD MAPPING:THIS DATE PRODUCT
54. LME=LAKE MAINTENANCE EASEMENT WAS NOT DESIGNED TO MAKE PRECISE IN/OUT FLOOI)RISK
55. LP=LIGHT POLE DETERMINATIONS.THIS PRODUCT IS NOT SUITABLE FOR
56. M=MEASURED ENGINEERING APPLICATIONS AND CANNOT BE USED TO
57. ME=MAINTENANCE EASEMENT DETERMINE ABSOLUTE DELINEATIONS OF FLOOD
58. MIT=MANHOLE BOUNDARIES.CALL I-877-FEMAMAPOR EMAIL A MAP
59. NAVD 1988=NORTH AMERICAN VERTICAL SPECIALIST AT:
DATUM OF 1988 IITTWJ/WWW.FE%IA.GOV/PLAN/PREVENI-/FI11I/TS0 EMAP)IIT
60. NGVD 1929"NATIONAL GEODETIC PROPERTY OWNER SHOULD OBTAIN WRITI'EN FLOOD ZONE
VERTICAL DATUM OF 1929 DETERMINATION FROM LOCAL PERMITTING,PLANNING
61. NO ID=NO IDENTIFYING MARKINGS AND BUILDING DEPARTMENT PRIOR TO ANY CONSTRUCTION
62. (NR)=NON-RADIAL PLANNING AND/OR CONSTRUCTION
63. NTS=NOT TO SCALE 127. INCOMPLIANCE WITH F.A.C.S)-17.052(2)(n)(4)-IF
64. OHP=OVERHEAD POWER LOCATION OF EASEMENTS OR RIGHT-OF-WAY OF
65. OHU=OVERHEAD UTILITY LINE. RECORD,OTHER THAN THOSE ON RECORD PLAT,IS
66. O.R.=OFFICIAL RECORD BOOK REQUIRED,THIS INFORMATION MUST BE
67. P=PLAT FURNISHED TO THE SURVEYOR AND MAPPER.
68. I'C POINT OF CURVATURE 128. IF APPLICABLE,FENCES SHOWN MEANDER ON OR
69. !'CC=POINT OF COMPOUND CURVATURE OFF LINES(APPROXIMATE LOCATION ONLY)
70. PCP=PERMANENT CONTROLPOINT 129. ARCHITECTURAL FEATURES,SUCH AS FURRING
71. PG=PAGE STRIPS,SIDING,CORNICES,STUCCO,ETC.,OUTSIDE
72. PI=POINT OF INTERSECTION THE LINE OF THE STRUCTURE HAVE BEEN TAKEN
73. PK&D=PARKER KALON NAIL AND DISC INTO ACCOUNT WHEN GIVING TIES FROM THE
74. PLS=PROFESSIONAL LAND SURVEYOR STRUCTURE TO THE LOT LLNES.
75. POE=POINT OF BEGINNING 130.ATTENTION IS DIRECTED TO THE FACT THAT THIS
76. POC=POINT OF COMMENCEMENT SURVEY MAY HAVE BEEN REDUCED OR ENLARGED IN
77. PP=POWER POLE
78. PRC=1'OIN'T OF REVERSE CURVE SIZE DUE TO REPRODUCTION.THIS SHOULD BE TAKEN
79. PRM=PERMANENT REFERENCE INTO CONSIDERATION WHEN OBTAINING SCALED
MONUMENT DATA.
80. I'SM=PROFESSIONAL SURVEYOR AND
MAPPER
81. PU&DE=PUBLIC UTILITY&DRAINAGE
EASEMENT
82. PUE=PUBLIC UTILITY EASEMENT
83. (K)=RADIAL
84. R=RADIUS
0