Backup Documents 11/12/2019 Item #16K 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 K 6
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 geterekilii I
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document isy c mpletewith the
exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office KN 11/5/19
4. BCC Office Board of County wrn
Commissioners J±AbhII ,to'19
5. Minutes and Records Clerk of Court's Office (-)1/1)
1t c3 1 1
1:
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 Kevin L.Noell, Esq. /Cpu_ i nV01 Phone Number 252-8424
Contact/ Department /
Agenda Date Item was 11/12/19 Agenda Item Number 16K lQ
Approved by the BCC
Type of Document Settlement agreement-CC and Jeffrey and Number of Original 1
Attached Brenda Lane Documents Attached
numberd or accountt is d W ' I A^ 51()^(Ain•)o
number if document is (� W
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? KN
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
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. KN
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 KN
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 KN
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 11/12/19 and all changes made during KN
the meeting have been incorporated in the attached document. The County option
Attorney's Office has reviewed the changes,if applicable. 's line.
9. Initials of attorney verifying that the attached document is the version approved by the A is n
BCC,all changes directed by the BCC have been made, and the document is ready for the I/, ption RIP
Chairman's signature.
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
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Property Appraiser's Parcel
Identification No. 66630043002
INSTR 5790413 OR 5695 PG 1010
This instrument was prepared RECORDED 11/14/2019 10:35 AM PAGES 12
without opinion of title by CLERK OF THE CIRCUIT COURT AND COMPTROLLER
and after recording return to: COLLIER COUNTY FLORIDA
REC$103.50
(Space above this line for recording data)
SETTLEMENT AGREEMENT
This Settlement Agreement(this"Agreement") is made and entered into on this 10 day
of October, 2019 ("Effective Date") by and between Jeffrey and Brenda Lane, husband and wife
(collectively,the"Site 4, Parcel A Owner") and Collier County,Florida, a political subdivision of
the State of Florida ("Collier County") (the Site 4, Parcel A Owner and Collier County are
collectively referred to as the"Parties").
RECITALS
WHEREAS, the Site 4, Parcel A Owner is the owner of certain real property, having a
property address of 6915 Oakmont Parkway, Naples, Florida 34108, located in Collier County,
Florida identified as Collier County Parcel Identification No. 66630043002 that is more
particularly described in Exhibit A attached hereto("Site 4, Parcel A");
WHEREAS, a dispute has arisen between the parties as to ownership and future
maintenance responsibilities of a twelve (12) foot wide drainage easement, encumbering the
northern six(6)feet of Site 4,Parcel A and as depicted on Exhibit B attached hereto(the"Drainage
Easement), on the plat of Pelican Bay Unit Six, as recorded on August 21, 1986 in Plat Book 14,
Pages 31 and 32 of the Pubic Records of Collier County,Florida(the"Pelican Bay Unit Six Plat");
and
WHEREAS, the Site 4, Parcel A Owner and Collier County desire to enter into this
Agreement for the purpose of amicably resolving their dispute.
AGREEMENT
NOW, THEREFORE, in consideration of the terms and mutual covenants contained
herein,and other good and valuable consideration,the receipt and sufficiency of which are hereby
acknowledged,the Parties, intending to be legally bound, agree as follows:
1. Recitals. The above-referenced recitals are true and correct and are hereby
incorporated into this Agreement for all purposes.
00243253
1 b K
2. Terms of Agreement. In connection with the Parties' mutual execution of this
Agreement and the covenants and terms herein,the Parties agree as follows:
A. Collier County, or its successors, shall accept and fully maintain the
Drainage Easement and all drainage line/facilities located within the
Drainage Easement area, at its sole cost and expense, from and after the
Effective Date pursuant to Collier County's simultaneous formal
acceptance of the Drainage Easement by Collier County, at Collier
County's sole cost and expense, in full compliance with the Collier County
Land Development Code process for acceptance of maintenance
responsibilities for such drainage easement.
B. Collier County and the Site 4, Parcel A Owner did not have any
responsibility whatsoever for: (i) maintenance of the Drainage Easement
and drainage line prior to the date of formal acceptance pursuant to
Paragraph 2A above, and (ii) any fees or costs related to the prior
maintenance of the same.
C. Site 4,Parcel A Owner, on behalf of themselves and any subrogees, waives
any and all claims against the County and Pelican Bay Services Division
for any damages incurred prior to the Effective Date, or in any way related
to or arising out of, the County's or Pelican Bay Services Division's prior
refusal to accept or maintain the Drainage Easement, including, but not
limited to, any claims for repair or replacement of the drainage line within
the Drainage Easement, repair, replacement, or loss of any property, and
any other damages to Site 4, Parcel A Owner's real property or personal
property situated on Site 4, Parcel A.
D. Collier County acknowledges and agrees that the Site 4, Parcel A setbacks
are as follows: (i) minimum distance between structures of 15 feet, and (ii)
minimum distance between the pool edge and tract boundary or side lot line
of 5 feet, and further that no set back violation exists on Site 4, Parcel A as
of the Effective Date, and further that the creation of Site 4, Parcel A does
not constitute an illegal subdivision of land. Further, none of the
improvements that exist within the Drainage Easement area on Site 4,Parcel
A, as of the Effective Date and depicted/described in Exhibit C, constitute
an unlawful encroachment into the Drainage Easement area.
E. With respect to any future maintenance, repair or replacement work
performed in the Drainage Easement after the date of formal acceptance
pursuant to Paragraph 2A, the Site 4, Parcel A Owner is fully responsible
for any resulting damage, caused by Collier County, its contractors, or
successors from such maintenance, repair or replacement work, to any
homeowner installed and owned improvements that are located in the
Drainage Easement. Notwithstanding the foregoing, (i)the Site 4, Parcel A
Owner shall have the right to maintain, repair, or replace any homeowner
installed and owned improvements that are located in the Drainage
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Easement as of the Effective Date, and (ii) Collier County and its
successors, not the Site 4, Parcel A Owner, shall be fully responsible and
liable for any damage to the residence constructed on Site 4, Parcel A
resulting from or related to: (i)any such maintenance,repair or replacement
work conducted or performed in the Drainage Easement area, and/or (ii)
Collier County's failure to properly maintain the Drainage Easement area
from and after the Effective Date.
3. Authority. Each Party represents and warrants, with respect to itself, that the
execution and delivery of this Agreement has been authorized by all necessary action of each Party,
and that this Agreement constitutes the legal, valid, and binding agreement of each Party,
enforceable in accordance with its terms.
4. Governing Law; Venue. This Agreement shall be construed, interpreted,
enforced, and governed in accordance with the laws of the State of Florida. Venue for any action
arising out of or related to this Agreement shall be in Collier County, Florida.
5. Binding Effect.This Agreement shall be binding upon and shall inure to the benefit
of the respective successors,heirs,assigns,bankruptcy trustees,representatives,affiliates,officers,
directors,partners, members, and joint venturers of the Parties.
6. Non-Waiver. Failure by any Party to insist upon the strict performance of any of
the terms, conditions, or provisions of this Agreement shall not be deemed to be a waiver of such
terms,conditions,and provisions,and,notwithstanding any such failure,the Parties shall have the
right to insist upon strict performance of any or all such terms and conditions of this Agreement
as set forth herein.
7. Construction; Headings. The Parties acknowledge that they participated in the
negotiation and drafting of the terms of this Agreement and acknowledge that no provision shall
be strictly construed against one party or the other based solely on draftsmanship.The Parties have
entered into this Agreement without duress, coercion, or under undue influence of any kind, and
are motivated by a desire to avoid the costs and time associated with litigation and to arrive at a
fair and reasonable agreement. The Parties acknowledge that they have been represented by
counsel in connection with the negotiation of the terms of this Agreement and that they enter into
this Agreement freely and voluntarily, and only after consultation with their respective counsel.
All sections and descriptive headings in this Agreement are inserted for convenience only, and
shall neither affect the construction or interpretation hereof, nor add or subtract from the meaning
of the contents of each section.
8. Interpretation. This Agreement shall be read and interpreted in such a manner as
to give all provisions their ordinary and customary meaning,and all words,terms,and phrases not
otherwise specifically defined by a capitalized term or otherwise shall have the same meaning and
interpretation as customarily used among lay persons. The terms "hereby," "hereof," "herein,"
"hereto," "hereunder," and any similar terms refer to this Agreement in its entirety and not solely
to the particular section or paragraph in which the term is used. All words, terms, and phrases
specifically defined by a capitalized term shall apply throughout this Agreement in its entirety and
not solely to the particular section or paragraph in which the term is used. In construing this
3
i6Ke
Agreement, the singular shall be held to include the plural, the plural shall include the singular,
and the use of any gender shall include every other and all genders.
9. Entire Agreement; Amendments. This Agreement represents the entire
understanding and agreement between the Parties with respect to the subject matter hereof. No
representations have been made,either express or implied by the Parties,other than those expressly
set forth in this Agreement. This Agreement or any part hereof may not be changed, amended,
waived, discharged, or terminated except by an instrument in writing, executed by all Parties.
10. Severability. If any part of this Agreement is found invalid or unenforceable by
any court of competent jurisdiction, such invalidity or unenforceability shall not affect the other
parts of this Agreement if the rights and obligations of the Parties contained therein are not
materially prejudiced and if the intentions of the Parties can continue to be effectuated. To that
end, this Agreement is declared severable.
11. Attorneys' Fees; Costs. The Parties expressly agree to bear the fees and costs of
their respective counsel, experts, and consultants in the preparation of this Agreement and in any
future action to enforce the terms of this Agreement.
12. Recording. This Agreement shall be recorded by Collier County, at its sole cost
and expense, in the Public Records of Collier County, Florida.
13. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed to be an original and need not be signed by more than one of the Parties and all
of which shall constitute one and the same agreement. The Parties further agree that each Party
shall execute and deliver all other appropriate supplemental agreements and other instruments,and
take any other action necessary to make this Agreement fully and legally effective, binding, and
enforceable as between them and as against third parties.
[remainder of page intentionally left blank; signature page follows]
4
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WITNESSES: SITE 4, PARCEL A OWNER:
, i-v•-.2-7--- Zid,e,- ->-- lar(--'
Print Nam:. 1c.._.�, ,.-. k„;311,2—., Jef L e ,d./
? / ,
Printra ame: Ir�/���At "
tIMIP0 L
STATE OF M ►uhl o icon )
VV )ss:
COUNTY OF W ral r4 e )
The foregoing instrument was acknowledged before me this 10 day of October 2019, by
Jeffrey Lane. Such person [x] is personally known to me or [ ] has produced as
identification.
0\ I LA(\iJ(
&\Ct°°32
,•• -. Signature of Notary Pu lic
^~% S Print Name O el P.A NJ ale I
j ` `0, Notary Public, State and County aforesaid
'' _ Commission No.:
'S ?ti i ', - My Commission Expires: Q I - cl3 'O�oa'�kt.
L. COURTNEY M. NAGEL
NOTARY PUBLIC-MICHIGAN
WAYNE COUNTY, f
ACTING IN THE COUNTY OF 1N4 NV
MY COMMISSION EXPIRES 01/23/2026
5
16K6
WITNESSES: SITE 4, PARCEL A OWNER:
_... ..- ,,..._' _ Zd..e..--a—w--1 61t/At—diet_ 12 /____
Print Name: k-e-o+rte- A -„3 Brenda Lane
i 4
— Alit d/ i (ift4
Pri t Name: It,. , 1:.)+?Y IQ. I V( (
STATE OF M l Ckv )
\' I )ss:
COUNTY OF I N c )
The foregoing instrument was acknowledged before me this I (7 day of October 2019, by
Brenda Lane. Such person [3 is personally known to me or [ ] has produced as
identification.
dit c.}y, . , , O
•nature oW\lotag Public ^r
.%) - „'•• Print Name 1,,, m41 /V G4e
�, ,
` Notary Public, State and County aforesaid
s 7' Commission No.:
,: + ll' ; o` .. My Commission Expires: U!'d 3-a0 2 40
^
` COURTNEY M. NAGEL
NOTARY PUBLIC-MICHIGAN
WAYNE COUNTY
ACTING IN THE COUNTY OF W/T'{N r
r
MY COMMISSION EXPIRES 01/23/2026
6
16K 6
AS TO COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk BOARD OF C• ...1h. OMMISSIONERS
OF COLLIE' '0 " .ORIDA
/ / r")4
kki
;;T.IVC14'4 .'.-1,7'il ,I:- -7
Attest as to [181I1Tt1Fi' puty Al , A
Cl rk iam L. Mc Gi r., Ch ' '!.
signature only.
Date: t F.* `(14`44 i'C% Date: 1 I• 1'2 19
Approved as to form and legality
----- 2/Y"
Kevin L. Noell
Assistant County Attorney
STATE OF FLORIDA )
)ss:
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this I3 day of November 2019,
by William L. McDaniel, Jr., as Chair of the Board of County Commissioners, Collier County,
Florida, on behalf of Collier County, Florida. Such person [ is personally known to me or [] has
produced as identification.
LULCv -Th.
- UU
Si ature of Notary Public
....."7"4, JESSICAM.HAYES Print Name: ,�' StCc i S
`. ;L Commission#GG 000215
Notary Public, State and County afore aid
.•�-a•
;ExpiresJune 7,2020 Commission No.: G� ppa15
'`�O;;t°�• Bonded ThruTroy Fein lnwranoeBW3857010
My Commission Expires: Junk. 7,at,ap
7
161( 6
SITE 4,PARCEL A
PART OF PARCEL"A",PELICAN BAY,UNIT SIX,ACCORDING TO THE PLAT THEREOF,OF RECORD IN PLAT
BOOK 14, PAGES 31 AND 32, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL"A";THENCE ALONG THE EAST LINE OF
SAID PARCEL "A" SOUTHWESTERLY 133.67 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE
TO THE NORTHWEST,HAVING A RADIUS OF 460.92 FEET,THROUGH A CENTRAL ANGLE OF 16°37'00"
AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 26°39'7" WEST 133.20 FEET, THENCE
WESTERLY AND NORTHWESTERLY 43.43 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO
THE NORTH,HAVING A RADIUS OF 25.00 FEET,THROUGH A CENTRAL ANGLE OF 99°32'23"AND BEING
SUBTENDED BY A CHORD WHICH BEARS SOUTH 84°43'48" WEST 38.17 FEET; THENCE NORTH
45°30'00"WEST 13.13 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY 102.14 FEET
ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTH,HAVING A RADIUS OF 40.00 FEET,
THROUGH A CENTRAL ANGLE OF 146°18'07" AND BEING SUBTENDED BY A CHORD WHICH BEARS
SOUTH 61°20'57"WEST 76.56 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
THENCE CONTINUE SOUTHERLY AND SOUTHEASTERLY 23.52 FEET ALONG THE ARC OF A CIRCULAR
CURVE CONCAVE TO THE NORTHEAST,HAVING A RADIUS OF 40.00 FEET,THROUGH A CENTRAL ANGLE
OF 33°41'53"AND BEING SUSPENDED BY A CHORD WHICH BEARS SOUTH 28°39'03"EAST 23.18 FEET;
THENCE SOUTH 45°30'00"EAST 15.31 FEET;THENCE SOUTHERLY AND SOUTHWESTERLY 42.59 FEET
ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE WEST,HAVING A RADIUS OF 25.00 FEET,
THROUGH A CENTRAL ANGLE OF 97°36'49"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH
03°18'24"WEST 37.62 FEET;THENCE SOUTHWESTERLY 45.92 FEET ALONG THE ARC OF A CIRCULAR
CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 460.92 FEET, THROUGH A CENTRAL
ANGLE OF 05°42'29"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 54°58'03" WEST
45.90 FEET; THENCE SOUTH 57°49'18" WEST 69.66 FEET; THENCE NORTH 74°00'00" WEST 28.67
FEET; THENCE NORTHERLY 23.16 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE
WEST, HAVING A RADIUS OF 103.75 FEET, THROUGH A CENTRAL ANGLE OF 12°47'34" AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 09°36'13"EAsT 23.12 FEET; THENCE NORTHERLY
79.79 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF
325.00 FEET,THROUGH A CENTRAL ANGLE OF 14°04'00"AND BEING SUBTENDED BY A CHORD WHICH
BEARS NORTH 03°49'34" WEST 79.59 FEET; THENCE NORTH 78°15'00" EAST 107.95 FEET TO THE
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
BEING ONE AND THE SAME PARCEL OF PROPERTY AS IS DESCRIBED IN INSTRUMENT 4709189 IN OR
4809, PAGE 2342, PAGES 2, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (THE "DEED
LEGAL"),AND IN THE EVENT THAT THE ABOVE LEGAL CONFLICTS WITH THE DEED LEGAL,THE DEED
LEGAL SHALL CONTROL IN DESCRIBING SITE 4,PARCEL A.
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EXHIBIT"B"
PAGE 1 OF 2
1 6 K 6
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REMAINDER C= f'•O.B.
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OF SITE 4 FND.
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EXHIBIT"B"
PAGE 2 OF 2
161( 6
DRAINAGE EASEMENT AREA --OWNER IMPROVEMENTS
ALL OF THE EXISTING IMPROVEMENTS WITHIN THE DRAINAGE EASEMENT AREA ARE LAWFUL
AND PERMITTED INCLUDING ALL OF THE OWNER IMPROVEMENTS AS DEPICTED ON THE FOLLOWING:
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P.O.B.
REMAINDER OF G2_
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EXHIBIT"C"
PAGE 1 OF 2
16 K 6
THE FOLLOWING EXISTING IMPROVEMENTS ARE LAWFUL AND PERMITTED WITHIN THE DRAINAGE
EASEMENT AREA:
1. BRICK PAVERS
2. CONCRETE IMPROVEMENTS
3. HELICALS AND LONG GRADE BEAM(RUNNING THE ENTIRE LENGTH OF THE HOME TO
SUPPORT THE HOME FOUNDATION/SLAB)
4. TITLES,STONE AND OTHER IMPERVIOUS SURFACES
5. A/C PAD
6. POOL EQUIPMENT
7. SINGLE FAMILY RESIDENCE&SCREENED POOL DECK AREA
8. UNDERGROUND PIPING/PLUMBING/CONDUIT,ETC.
9. LANDSCAPING
10. LIGHTING
11. ALL ITEMS/IMPROVEMENTS RELATED TO THE FOREGOING
EXHIBIT"C"
PAGE 2 OF 2