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Backup Documents 09/11/2018 Item #16A22 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI C1-114-1 TO 1-114- TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 6 A 2 2 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. 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. 3. County Attorney Office County Attorney Office 1// 4. BCC Office Board of County Commissioners `-1\\3\\q' 5. Minutes and Records Clerk of Court's Office /1'5118 a-:.S-fpr-‘ 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 11,2018 Agenda Item Number 16-A-22 Approved by the BCC Type of Document Easement Use Agreement -Landings at Number of Original One Attached Bears Paw Lot#1 Documents Attached PO number or account Cheffy-Passidomo Law Office to pay number if document is recording fees account with Clerk 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? n/a 2. Does the document need to be sent to another agency for additional signatures? If yes, JH 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 JH 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 11,2018 and all changes I i made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. Ove � 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. erx i — EiS— c ,3S68 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 16A22 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, September 26, 2018 12:00 PM To: JohnHouldsworthVEN Subject: Item#16A22 (9-11-18 BCC Meeting) Attachments: Item#16A22 (9-11-18 BCC Meeting).pdf Hi John, A copy of (recorded) Item #16A22, frowt the q-11-1s BCC Meeting; the Easement Use Agreement for Landings at Bear's Paw Lot #1, is attached for your records. Thank you! Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Collier County Value Adjustment Board 23 q-252-8406 16A22 INSTR 5612459 OR 5553 =AND • RECORDED 9/14/2018 2:0AGES8CLERKOF THECCUIT COMPTROLLER COLLIER COUNTY FLORIDA DOC t@.70$0.70 REC$69.50 INDX$2.00 EASEMENT USE AGREEMENT THIS EASEMENT USE AGREEMENT ("AGREEMENT") is made and entered into this i� ' day of 5t, +..M160; 201 g, by and between Michael J. Trim and Katrina J. Trim, husband and wife ("Owner"), Landings at Bear's Paw Homeowner's Association, Inc., a Florida non-profit corporation ("Association") and Collier County Board of County Commissioners ("County"), a political subdivision of the state of Florida. RECITALS: WHEREAS, Owner is the record owner of the fee simple interest in and to that certain parcel of real property known as Lot 1, Landings at Bear's Paw, according to the Plat thereof as recorded at Plat Book 56, at Pages 5 and 6, of the Public Records of Collier County, Florida, more specifically shown on the survey attached hereto as Exhibit "A" and incorporated herein by reference (the "Subject Property"); and WHEREAS, pursuant to that certain plat of Landings at Bear's Paw, recorded at Plat Book 56, at Pages 5 and 6, of the Public Records of Collier County, Florida (the "Plat"), the County is record holder of that certain non-exclusive twenty foot (20') wide drainage easement, a portion of which encumbers the Subject Property (the "Subject Property Easement Area"); and WHEREAS, the non-exclusive drainage rights encumbering the Subject Property Easement Area is managed and maintained by the Association; and WHEREAS, a tiled pool deck has been constructed on the Property which encroaches approximately one and one half feet (1.5') into the Subject Property Easement Area, as shown on Exhibit "A," and incorporated herein by reference (the "Encroachment"); and WHEREAS, Owner purchased the Subject Property with the Encroachment in place and the County has no present objection to the construction of the Encroachment within the Subject Easement Area, provided that Owner agrees to the terms and conditions set forth below; and [10916-0025/2785633/1]6 9/18/15 C.� 16A22 WHEREAS, the parties to this Agreement have reached certain understandings with regard to the Encroachment and now desire to set forth their understanding in writing for recordation. NOW THEREFORE, for and in consideration of the Recitals, the sum of 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 Encroachment into the Subject Property Easement Area depicted on Exhibit"A." 2. Owner will provide both the County and the Association whatever access they require to exercise their non-exclusive drainage easement rights. 3. The County agrees that until otherwise notified, Owner may continue the use of the Encroachment within the Subject Property 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 Encroachment be removed from the Subject Property 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 itself 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 Subject Property Easement Area by Owner or Association, their respective contractors, agents, employees or invitees at any time while the Encroachment remains within the Subject Property Easement Area. Further, Owner 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 Subject Property 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 Subject Property Easement Area and/ or the improvements and/ or the infrastructure, which may now or in the future be located within the Subject Property Easement Area. 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. 5. Headwaters Development Limited Partnership, a Florida limited partnership ("Headwaters"), has joined in this Agreement to acknowledge and agree that it shall indemnify and hold Owner harmless for any and all obligations, claims liabilities, loss, damage, costs and expenses, including reasonable attorneys fees and court costs, that [10916-0025/2785633/1]6 9/18/15 16A22 Owner may suffer in connection with the removal of the Encroachment, and/or arising from any or all of Owner's obligations to the County under paragraph 4 above. 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 ASSOCIATION: In the presence of: Landings at Bear's Paw Homeowner's Association, Inc., a Fl 'da non-profs c p ration, Witn sses: 1 iBerl Pitts s authorized agent kat Y- g P 'nt Name AI— , 19 A.r.2416, r Print Name Signed, Sealed and Delivered HEADWATERS: In the presence of: Headwaters Development Limited Partnership, a Florida limited partnership, Witn: ses By: Headwaters, Development, Inc., a Florida 1IS corporation j ts{General Partn.r, ,r Se) 6 P int Name By: / ,4 A.tj 4W b-r y Pitts, Vic, ' - ident Lcsk. C;roLA(k; Print Name [10916-0025/2785637/1]6 9/18/15 16A22 STATE OF - pS\C.0., ) COUNTY OF Cfo\\v ' ) The oregoing instrument was acknowledged and witnessed before me this L Dy of JI , 2017, by Kimberly Pitts, as authorized agent of Landings at Bear's Pa' Homeowner's Association, Inc., a Florida non-profit corporation, and as Vice President of Headwaters Development, Inc., a Florida corporation, General Partner of Headwaters Development Limited Partnership, a Florida limited partnership, who is personally known to me or who has produced as identification. I am a commissioned notary public of the State of F 3RCkct. and my commission expires cj-a-a-17 . dr 0 XV" i A RY PUBLIC Y : USA CROWBRIDGE Name: *: ? MY COMMISSION#FF 028436 (Type or Print) EXPIRES:September22,2017 [affix seal] ' R;tsv Bonded Thru Neteiy Pubic Underwriters My Commission Expires: [10916-0025/2785637/1]6 9/18/15 1 6 A 2 2 Signed, Sealed and Delivered OWNER: In the presence of:Witnesses as to 0')both• Michael J. im 14eAbh / Print Name Katrina J. Trim 4 a tukcf.e_ rder)as •-•••7—s-a mek La'rolicivs Print Name STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was acknowledged and witnessed before me this 4th day of October, 2017, by Michael J. Trim and Katrina J. Trim, husband and wife, who o are personally known to me or who have produced driver's licenses as identification. I am a c mmissioned notary public of the State of Florida and my commission expires 4 i z 1 Da l • 4 d IdetaS NOTARY PUBLIC a•'" ", ,, JANET CARDENAS Name: a •s MY COMMISSION#GG 074674 (Type or Print) $x xi EXPIRES:April 21,2021 [affix seal] 44:410, Bonded ThruNavy Pubic unddwribers My Commission Expires: [10916-0025/2785633/1]6 9/18/15 0 i 6 A 2 2 ATTEST: COLLI CO TY BOA' OFCP C: , , ,, :• • ,' . S b- 4. ' ,c , , , , -:.,.. i ( .e , _ ..... [;y: Crystal ICA nz.4 1S Andy Solis, Chairman Cler11 ' 41'101 our and Co i t . n4*-,' el — 1 Lf:WI: Date: Approved as to form and legality ( ,---;------ s--------- ` AA 1(3f/is Scott Stone, Assistant County Attorney [10916-0025/2785637/1]6 9/18/15 0 16A22 EXHIBIT "A" ENCROACHMENT DETAIL PLATTED 20.0' D.E. AND I.E. 10r- • 00" FENCE CORNER IS 3.26' PLATTED 10.0' C.U.E. 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