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Backup Documents 05/12/2009 Item #16A 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16.A 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Oflice. The completed routing slip and original documents are to be l()rwarded to the Board Oflice only after the Board has takcn action on the itcm.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. !fthe document is already complete with the exceotion of the Chairman's signature, draw a line throUl!t routin~ lines # I through #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routine: order) 1. Judy Puig CDES Administration jW ,51p )()q 2. v' 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BeC Chairman's signature are to be delivered to the BCC office only after the BeC has acted to approve the item,) Name of Primary Staff Robert Wiley Phone Number 252-5858 Contact Agenda Date Item was May 12,2009 Agenda Item Number 16AI Aooroved by the BCC Type of Document Agreement Number of Original I Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) A licable) 1. 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 by the Office ofthe County Attorney. This includes signature pages from ordinances, 0f resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's NJA- Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. 0f 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 our deadlines! 6. The document was approved by the BCC on 5/12/2009 (enter date) and all changes ~ made during the meeting have been incorporated in the attached document. The Co un Attorne 's Office has reviewed the chan es, if a Iicable. I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16A 1 , 1 ' 1((111( \\\\\\\ \- ~ .. d;ulo't ,~ ~ ri .' miMl/Ia} ''S' . ::;' ': ~ ~o ~ ~ 'J. ~ ~ ~ J. ~fJ ~ ~d <>k.~ 1 ~ I ~ ~ lY) . ~~ J;" ~ ~ r;/<J ~ ~ ~ ~ ,~':Z~.5td/ ~ .s '~" -: V\... ()U ~v. i "'-/. ~~ ~ J!.6~ e,:,w M ~ ~~~~' lD ~~~ , , ~ J \jl vt.llks ~ ;j C],ntf.; ~A td ilkp ~ (Tl 0-- d' ~:~j 5 Z v "o"t'l1A.t:t ~ Cont ~ tfO-f. 11 cf- ....! ;~:;~ m9- t~o- g011 &d ..1 (i') ~ }~ ~ ~ CJ ~~~ ~~ f'~ \~~ ~ ~ ~ (~1'.. t V\JS~ Retn: 4304033 OR: 4459 PG: 0763 RIC PIB 35.50 CLIRK TO THI BOARD RICORDID in the OPPICIAL RICORDS of COLLIBR COURTY, PL 16A 1 IR'fBROPPICI ~TH PLOOR 06/05/2009 at 08:15AM DWIGHT I. BROCK, CLIRK BIT 72~0 EASEMENT USE AGREEMENT This Easement Use Agreement (The "Agreement") is made as of this t J."'" day of M1A ' 2009, by and between SANDRA ZUIDEMA (hereinafter "Ms. Zuidema"), the SAN F AEL HOMEOWNERS ASSOCIA nON, INC. (hereinafter "San Rafael HOA") and COLLIER COUNTY (hereinafter "County"). WHEREAS, Ms. Zuidema is the current fee owner of that certain real property known as San Rafael, Lot 8, as recorded in the Official Records Book 2870 Page 3192, and according to the Plat thereof as recorded in Plat Book 20, Pages 53 and 54, of the Public Records of Collier County, Florida (hereinafter the "Subject Property"); and WHEREAS, as set forth in Plat Book 20, Page 54, there is a 10.95 foot Drainage Easement held by the San Rafael Homeowners Association, Inc. (with responsibility for maintenance) and Collier County (without responsibility for maintenance) which burdens the westernmost 10.95 feet of the of the southwestern portion of the Subject Property (hereinafter the "Easement"); and WHEREAS, in April 1994, application was made for, and the County approved, permits to construct a pool, deck and screen enclosure on the Subject property including within the Easement, and the permit applications made no reference to the existence of the Easement; and WHEREAS the Easement contains a twelve (12) inch diameter storm drainage pipe necessary to convey stormwater runoff from the rear of the lot to the storm drain along San Rafael Lane, and this drain has continued to function since 1994 with the existing pool, deck and screen enclosure encroachment in the Easement; and WHEREAS, Ms. Zuidema wishes to renovate the existing screen enclosure which requires resolution of the Easement encroachment before a County building permit can be approved; and WHEREAS, the location of existing buildings, pool, deck, screen enclosure and storm drainage pipe preclude the use of a partial easement vacation to eliminate the encroachment, thus leaving the development of an Easement Use Agreement as the preferred option to resolve the encroachment; and WHEREAS, the San Rafael HOA and the County have no objections to the existing encroachment of a pool, deck and screen enclosure within the Easement, provided that Ms. Zuidema agrees to the terms and conditions set forth below, by which terms and conditions Ms. Zuidema (or successor) agrees to abide. This Agreement does not vacate or abrogate the San Rafael HOA's or the County's interest in the easement area. 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, the parties do hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein. Page 1 of3 OR: 4459 PG: 0764 16A 1 2. Ms. Zuidema (or successor) will give the San Rafael HOA and County whatever access the San Rafael HOA and County (in the event it is necessary) require to maintain the existing drainage equipment. 3. Ms. Zuidema (or successor) agrees to waive any claim of damage to the Subject Property, and to the pool and screen enclosure situated thereon, arising out of the San Rafael HOA's or County's (in the event it is necessary) maintenance of the drainage equipment, whether such damage is intentional or unintentional. 4. Both the San Rafael HOA and the County (in the event it is necessary) will exercise diligent effort to provide maintenance and eventual replacement to the storm drainage pipe in a manner to avoid impacts to the pool and screen enclosure, but in the event it is necessary to excavate the pipe, Ms. Zuidema (or successor) agrees to bear the cost of the applicable portions of the pool and screen enclosure removal and reconstruction. 5. The San Rafael HOA and County agree that until otherwise notified, Ms. Zuidema (or successor) may continue to encumber the Easement with a pool, deck and screen enclosure that do not exceed the existing encroaching footprint. The County retains the right, however, in its sole discretion, to demand by written request that any structures be removed from the Easement, which Ms. Zuidema (or successor) will do at the owner's sole cost and expense within a reasonable time from receipt of such request. 6. This Easement Use Agreement shall be recorded in the Public Records of Collier County, Florida, to run with title of the property to ensure that future owners and County staff are aware of the conditions under which this Agreement was written to allow use of the Easement, at Ms. Zuidema's sole cost and expense. This Agreement is intended to bind the parties, together with their respective successors, assigns and heirs. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. . '. 'I . -;.j. ATTEST: BOARD OF COUNTY COMMISSIONERS DWI6HTRBROCK, €lerk COLLIER UNTY, FL2A _ By: .." By: ~ ~d AtteSt,,;, . ..... DO A FIALA, CHAIRMAN ,t~.'i'" WITNESSES: / ~~~L[ Page 2 of3 OR: 4459 PG: 0765 16A 1 STATE OF FLORIDA ~ COUNTY OF COLLIER A A Kr<.ln slt.V/ llt~) l7 Iv~LLrY"a':j ..1 The foregoing Easementause Agreement was af~owledged before me, the undersigned authority, on this ~ day of o'UL ,2009, by :jndrd) 1..u1'ch:n1~President of the San Raf?el Homeowners AssociatIon, Inc., who ( ) is personally known to me or ( L-Yproduced _FL. ()"w<; l,c. aSidentifiCatiOW~.~.<-.... G). ~ ~~~~~~72 Notary Public/State of Florida ere =s .; ExpiresApril20,2012 Name: AICltV\..6r fl(\V\e5ch . IlclI*Illvu Till\' FIin..... 8QO.385.7Ol8 M C .. . " y ommlSSlon ~xplres: ApVlI lOt LOt Z WITNESSES: C;;:~ ~H.~. ~~ dJ(}1{L1 (3V(tness (Signatore) MCf & Sandra Znidema Print Name: t:.lohllJ.J-/ tlE'RY ~J04(LD~~ Witne~s (Signature f _ Print Name: Anqe I fv1 lllrrl4- STATE OF FLORIDA COUNTY OF COLLIER The foregoint. Easement Use Agreement was acknowledged before me, the undersigned authority, on this /7 day of Q(?r< I ,2009, by Sandra Zuidema, who ( ) is personally known to me or ( --1 producedf L b nlt.( LIC as identification. Q)~ ~ANNEGAN {)(O<.f1JJA-- 'Yv~ ~k' =is8IonDD7Sl'02 Notary Public/State of Florida , ", 1londId1lHu~~;"'7U18 Name: Alarvta(' Flnne.90)"" My Commission expires: ApV'1 \ CO I '2-0 I '- Approved as to form and egal nciency: Page 3 of3 *** OR: 4459 PG: 0766 *** ..' ...... J..' .".. .'. . "............ .... ..1'6 A . 1 . " ',. . ...... ' . ',' .....,...... ,,' .... .' '.. " ," . ,.' ....... ... . ", ".,' ...... . , I _._~_______4-.- .. I I . ' CONCRETE: DRIVE 1 ~., \ ., . \ . , . . .. 0 i . 7 STORY ~ . ... C\...O" C.B.S. STRUCTURr F.r. [LEV, . 14.6 S ,'J.'B.) .LOT B ~c5~D~"YAD ,. --'- ....~:". .' , .. \ , \ \ . I \ \ " - 10.95' ,~ DRAINAGE: " EASEMENT \ , ~ CONCRETE PATIO , I , ~ ~ VI I -'l>;" - --' 0\- .-,-- __'0 " A\ g~ II ()\ I . I fT1 : N ~-49.1S"W 49.05 ---. - . ..... :- ' .' .' .". . ;..' ~./ " ,. . -.