Backup Documents 02/23/2021 Item #16A12 ORIGINAL DOUENTHCKLT & ROUTNG
TOGI ACCOMPANYCM ALL ORIGINALSCE
DOCUMENTSIS SENTI TOSLIP 16 A 1
311 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 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
bbe 7,1-LT12A
4. BCC Office Board of County (0)
Commissioners l--- a)10 ()
5. Minutes and Records Clerk of Court's Office '
9Sta4 id‘ovv„,al-
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 2/23/2021 Agenda Item Number 16.A.12
Approved by the BCC
Type of Document Original Agreement w/Exhibit A 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
signed by the Chairman,with the exception of most letters,must be reviewed and signed MLB
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 on February 23,2021 and all changes made MLB is not
during the meeting have been incorporated in the attached document. The County +N
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 e
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
16W
INSTR 6009876 OR 5900 PG 296
• RECORDED 3/1/2021 3•54 PM PAGES 6
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
DOC@.70$0.70 REC$52.50 INDX$1.00
CONS$10.00
EASEMENT USE AGREEMENT
This EASEMENT USE AGREEMENT ("Agreement") is made as of this 7 ire
day of February 2021, by and between Bert L. Slonim and Susan A. Glass
("Owners"), Santorini Villas Homeowners' Association, Inc. a/k/a Santorini Villas Home
Owners Association, Inc. ("Association") and COLLIER COUNTY ("County"), hereinafter
collectively referred to as the "Parties."
RECITALS:
WHEREAS, Bert L. Slonim and Susan A. Glass are the current fee owners of
that certain parcel of real property known as Santorini Villas at Olde Cypress, Lot 8,
according to the plat thereof as recorded in Plat Book 34, Pages 47 through 48 of the
Public Records of Collier County, Florida, more specifically shown on Exhibit A
("Subject Property"); and
WHEREAS, as set forth in Plat Book 34, Pages 47 through 48, the County is
record owner of certain non-exclusive 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, a brick paver step (encroaching 1.1 feet), a concrete pool
equipment pad (encroaching 2.5 feet), and concrete AC pad (encroaching 1.3 feet),
have been constructed and installed on the Subject Property, resulting in previously
mentioned encroachments into the 7.5-foot wide Drainage Easement along the east
side of the Subject Property, as shown on Exhibit A ("Encroachments"); and
WHEREAS, the County has no present objection to the continued use of the
encroachments within the Drainage Easement Area, provided that Owners agree to the
terms and conditions set forth below. The Owners purchased the home in 2020 with
the Encroachments in place; 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, 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:
[20-EIS-04297/1574791/1] Page 1 of 5
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1. The County and the Association hereby expressly consent to the Encroachments
into the Easement Area depicted on Exhibit A.
2. Owner 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, 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. Owner agrees for themselves and successors and assigns that they shall release,
indemnify and hold the County and the Association 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 and the Association 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 and
the Association, 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.
6. This Agreement shall be governed by the laws of the State of Florida.
[Space Intentionally Left Blank]
[20-EIS-04297/1574791/1] Page 2 of 5
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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: OWNERS:
1( ;2.eA yOef,:z t
Signature Bert L. Slonim
Paula M.Avila
Print Name
ACV
Signaturz 4
AMY LYNNE PESCETTO
Print Name
V-17
�y s A
Si nature Susgnll A.`Glasss
7Ct44
9
Paula M.Avil1
Print Name
i
Sign re
AMY LYNNE PESCETTO
Print Name
[20-EIS-04297/1574791/1] Page 3 of 5 (9.
1 6 A 1 2
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Easement Use Agreement was acknowledged before me by means of
X Physical Presence or ❑ Online Notarization this 544` day of
QantiaAii-- , 2021, by Bert L. Slonim who ❑ is personally known to me or ( `
has produced /L nr) ULL Litut....1 as identification.
(::";.....e..e.-44 . /1-1/(-;"Z
( PAULAM.AVILA Notary Publi tate of Florida
,'; MY COMMISSION tr NH 022966
-?f;, 4 EXPIRES:July 23.2024
rf.„!;;°,'' 6 :Jed Thru Notary Public Underwritero
�� Name: Paula M.Avila
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Easement Use Agreement was acknowledged before me by means of
4 Physical Presence or ❑ Online Notarization this 5444 . day qiern i,[ 'ALi- , 2021, by Susan A. Glass who ❑ is personally known to me or
V has produced FL 'b f VI/O,,f'S l-La 1A-O as identification.
C.vV*62i.e.-14_ YI7,-,
(SEAL) Notary Public/State of Florida
«p.p'' PAULA M.AVILA
:,: , :y: MY COMMISSION#HH022966 Name: PaulaM.Avif1
. 7. EXPIRES:July 23,2024
For a fir
°Q` Bonded e Notary Public Underwriters
[20-EIS-04297/1574791/1] Page 4 of 5
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Witnesses: Santorini Villas Homeowners'
Association, Inc. a/k/a Santorini Villas
Home Owners Association, Inc.
Signature �'-; , , ,�
By: e.,tc. ._:/�_-Lk,
Lam^ \i,.\_I _ ,Cr Nancy Burk resident
Print Na e
r `
Sig a u re
&,.ex. _ 14-, di, j J
Print Name
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Easement Use Agreement was acknowledged before me by means of
❑ Physical Presence or ❑ Online Notarization this day of ' • • . ; ,
2020, by Nancy Burke as President for Santorini Villas Homeowners' Association, Inc.
a/k/a Santorini Villas Home Owners Association, Inc. who El is personally known to me
or ❑ has produced as identification.
��
(SE Notary ub)ic/State of Florida
£ZOZ`l 130 sandx3•wwoo AW .., 0
68ZiZ16 00 ar uolsslwwo) . v, Na e: v I L re e'
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ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of the COLLIER O Y, FLORID
Circuit Court & Co troller
13% .6( By:
° ''"t a, tO Chah iiatl'S, Deputy Clerk Penny Tell. r, Chair*axe
tt
Approved as to form and legality:
1 r
erek D. Perry � �
Assistant County Attorney b'1/
ti
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[20-EIS-04297/1574791/1] Page 5 of 5
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.AA a,n ,.d a.. Rey DAGOSTINO&WOOD,INC. •BERT L.SLOW AND SUSAN A.GLASS HUSBAND AND PIPE A20-127
RIrrIECAIE 0 AUTHMxI093 NM lei 60N f ' Professional Surveying&Mapping °1°® •^'
NOT V090 MTHaaT THE SIGNATURE _ bs/re/sago q STEARNS LENDING,LLC,A CALIFORNIA LIMITED LIABILITY COMPANY n .
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ucoaLO sun wYpl Ax0 MAPPLA f L 0 l r t , yr a2 a..,®... Phone:(239)352-60B5 Wehske:VAINCONsurveys.com re/r4 COLEMW,yOVANOVILN B KOESTER,PA r 1 OF 1
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