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Agenda 05/28/2013 Item #16A2 5/28/2013 16.A.2. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an amended and restated Encroachment Agreement for Lot 17, Grey Oaks Unit Nineteen which was approved by the Board of County Commissioners on December 14,2010 as Item 16Al2. OBJECTIVE: To have the Board of County Commissioners (Board) approve an amended Encroachment Agreement. CONSIDERATIONS: On December 14, 2010, the Board approved an Encroachment Agreement associated with certain improvements on the subject property. Upon actual construction of the improvements, the encroachments became more significant. The property owner wishes to have the Board approve a revised Encroachment Agreement. The Grey Oaks Property Owners Association consents to the encroachments. The Grey Oaks Property Owners Association is responsible for maintenance of the Drainage and Lake Maintenance Easements which are the subject of the encroachments. The easements are also dedicated by the plat to Collier County with no responsibility for maintenance. The owner agrees and abides that any improvements within the easements will be removed by the owner at the owners expense if necessary. The owner also holds the County harmless for any cost associated with removal of the encroachments. The actual encroachments consist of a portion of pool decking and retaining wall as reflected on the attached survey and Exhibit to the Encroachment Agreement. All of the structures on Lot 17 meet the minimum setback requirements pursuant to the Grey Oaks PUD. A current signed and sealed survey is attached. FISCAL IMPACT: There is no fiscal impact to the County. The property owner is responsible for recording of the approved agreement. LEGAL CONSIDERATIONS: This item has been approved by the County Attorney's Office, is approved as to form and legality, and requires majority vote for approval. -ERP GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: 1. Recommendation that the Board endorse staff's recommendation to approve an amended and restated Encroachment Agreement. 2. Authorize the Chairwoman to execute the agreement on behalf of the Board. Prepared by: John Houldsworth, Senior Site Plans Reviewer, Engineering Services, Growth Management Division, Planning and Regulation Attachments: 1)Recorded Agreement 2)Proposed Encroachment Agreement 3) Survey Packet Page-380- 5/28/2013 16.A.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.2. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an amended and restated Encroachment Agreement for Lot 17, Grey Oaks Unit Nineteen which was approved by the Board of County Commissioners on December 14, 2010 as Item 16Al2. Meeting Date: 5/28/2013 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Engineering&Environm 4/24/2013 10:34:35 AM Approved By Name: McKennaJack Title: Manager-Engineering Review Services,Engineering&Environmental Services Date: 5/6/2013 4:16:58 PM Name: PuigJudy Title: Operations Analyst, GMD P&R Date: 5/9/2013 11:05:22 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 5/15/2013 9:57:37 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 5/15/2013 1:19:21 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 5/16/2013 11:41:29 AM Name: KlatzkowJeff Packet Page-381- 5/28/2013 16.A.2. Title: County Attorney Date: 5/16/2013 3:00:18 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 5/16/2013 4:47:43 PM Name: IsacksonMark Title:Director-Corp Financial and Mgmt Svs,CMO Date: 5/16/2013 5:24:33 PM Packet Page-382- INSTR 4508410 OR 4635 PG 1234 RECORDED 12/21/2010 3:19 PM PAGES 6 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT 5/28/2013 16.A.2. REC $52.50 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT ("AGREEMENT") is made and entered into this 141!}day of 3)t .,- , 2010 by and between The Grey Oaks Property Owners Association, Bret J. Boyd (Owner) and the Collier County Board of County - 1 Commissioners("County"), a political subdivision of the state of Florida, RECITALS: A. Pursuant to that certain plat of Grey Oaks Unit Nineteen, recorded at Plat Book 35, Pages 47 & 48 of the Public Records of Collier County, Florida, (the "Plat"), the County and Grey Oaks Property Owners Association are record owners of certain non-exclusive easeme ;. • -ctively, the "Easements") within and upon that certain parcel • per. ' ..-11- Jdt\17) located in Collier County, Florida, as more p•.. ∎:0 . described o h1bit `A' attached hereto and incorporated hereinny ' reference(the"Ease nt>rea")' 7 B.B. The Easement A,kea u s • • a - mai ' e \by he Grey Oaks Property Owners Association. 1 1 ! j C ' ( =-�J C. Bret J. Boyd is the. • • o� th e s at est in and to that certain parcel of real prope{t own as Lot 17,w h s bj o, operty is burdened by the Easements. `'' (j%=0/ '0 ~�-lie D. Bret J. Boyd wishes to e- of area such that the pool deck and associated buffering enc s �.f �....t o the 20 foot easement area along a portion of the southerly boundary line of Lot 17, and as shown on Exhibit`B'. E. The easement is intended for maintenance of the lake, however, most lake maintenance is done from the lake and not from the adjacent land. Grey Oaks Property Owners Association is responsible for maintenance within the easement area. F. 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 of TEN DOLLARS (S10.00) and for other good and valuable consideration the receipt and sufficiency of which are hereby expressly acknowledged, the parties hereto agree as follows: Packet Page -383- OR 4635 PG 1235 5/28/2013 16.A.2. 1. Consent to Encroachment: The County hereby expressly consents to the encroachment of nine (9) feet into the 20 foot Lake Maintenance Easement on the plat known as Grey Oaks Unit Nineteen (Lot 17 ) according to the plat thereof as recorded at Plat Book 35, Page 47 and 48,of the Public Records of Collier County,Florida. 2. Indemnification of County: Bret J.Boyd and Grey Oaks Property Owners Association agree for themselves 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 Easement Area by Collier County, it's contractors, agents, employees or invitees at any time while the encroachment remains within the Easement Area. Further, Bret J. Boyd and Grey Oaks Property Owners Association for themselves, successors and assigns agrees to release and hold the County harmless from and against any and all obligations, claims, liabilities, expenses and/or fees (including reason.. :•1 ey's fees and court costs) including personal injury or property dam.:.a '° •,. i e;:use of the Easement Area by the County, including but not lits., ., damage w i occur to the Encroachments during the normal operation;Wmilitenance,repair and/or ,epl\ement,as applicable,of the Easement Area and/or the'impfo�ents�d/er. a infras`rudture which may now or in the future be located witl}�n the Easeme r... `t a � 1 3. Binding Effect: ('This .gr-:, ny s 1 1.e b7\10 U o 1 the parties hereto, their Aft- respective heirs,successors �` -assign . e . , /r 4. Governing Law: 'Th if)"A±i eement shall be erns et y he laws of the State of , Florida. e..., / L IN WITNESS WHEREOF,the pah(r t a sed this Encroachment Agreement to be executed as of the day,month and year as firth above written. Signed, Sealed and Delivered In the presence of: . Al _t� � �_ L <?)... ---- f c' VSLIC.14 i/� Bret J. Boyd, Own' r t Print Name i •..l i 00f-1a CAC:ve Print Name (2) Packet Page -384- OR 4635 PG 1236 5/28/2013 16.A.2. W* esses ///j /. diMINTIDITic'hsen Print Grey Oaks Property Own-' • . ociation --iiieltwq 5 V` :" ' top 0 cpcy Faefipee Print Name ' TTE . Sis c COLL'- • ft ,-1091 B i • 14 OF OM ISSIONERS s\v‘,.ER .: tit,•1tA, .• -6* z-N„,),,-- -,0 „-- COLE DITYL , CHAIRMAN ---_:ja4iii-. :..,-...,, ci. t-41S-:*.01,t:if....:h i 7 ,. , ...:.„,49.4...„............. and k Approve0I0O-fOrm an leg s,ffi e cyi 1.)• BY: Steven Williams, 7/(//0/ 4, 4\\,0 Assistant County Attorney \\■ .:.N 4,, •c'''''' :,' \-c::•,../ . -17-1"4' 1_,--1VL:L--- (3) • Packet Page -385- OR 4635 PG 1237 5/28/2013 16.A.2. • E 4 :F ET. H —III El I= 4 <D i 2.' o 1�i_1- / I 6 LI�I S L-L 4Z Ili ll1I •. , 1 I • TT,' n° y' Co IiEilCll .d�AA� r -� e \ çuIT7 IE11=II 111-z.ThEi Y �� i ! 11=11 !%7; 6 1 i -1?IEi�, t .: 1 (---- ..„,-5, I 1 it ' 1 m i IIi,o Ir!ol.. s' :.. & i VfIEIEII�� x • \t ���ir �o AI=11i!:=� F-71. r o a1-•1 > i '— 1...,.,_ I Z Ilti-e.. ': I1,by Q g * /R ' '�-I� Ql R E4 — alclli_I!iJ'E (� 'II'.--III ICI ! I�. — p ,a1EfIBl It rE Z , 11 ��E"_,IL!? i17-111 —I IIEIII 1=11ELF'-III' p t r li 0 ill I (' l.= ZI n LBO - m \ _ 0. IE! 1 rA D t §a- Z 71 o * I I D P I. 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April 14,2010 Bret and Ursula Boyd 2940 Bellflower Lane Naples,Florida 34105 Reference: Isle Royale Lot 17 Dear Mr.and Mrs. Boyd: During the April 14,2010 Design Review Board meeting,the Board reviewed and approved the revised landscape plans dated 04-08-2010. The Board has the following comments: R CQJI • The Board approved , .: oar the ottt • hen and the pool equipment and condenser unit ,t6"encroach in to the east side setback by 2.5'. • The Board approved"variance ihebri�k pa �ancliretaining wall to encroach in to the rear setbackf anc aake n • nance easement trith the understanding that a minimum of 8146" .! s y for lake maintenance should it be regUire r ,_�` • The Board approve,` : ;:.- I � � tames he pool pad,the brick path and the spo �,?urt to encroach on t the side de dck on the south/west side of the property. ' \ 1/57 ` If you have any questions piea51-3-,________/\\ GREY OAKS DESIGN REVIEW BO ciV-C-' Connie Dickinson-Chairperson Thomas W. Sansbury Jerry Stropes Cc: DRB Members DRB File—IR 17 Packet Page -388- 5/28/2013 16.A.2. AMENDED AND RESTATED ENCROACHMENT AGREEMENT THIS AMENDED AND RESTATED ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this _ day of , 2013 by and between William Henry Verhelle, Jr. and Cyndee Ann Verhelle, husband and wife (collectively, the "Owner"); Grey Oaks Property Owners Association, Inc., a Florida not-for-profit corporation (the "Association"); and Collier County, Florida, a political subdivision of the State of Florida(the"County"). WHEREAS, Owner is the record owner of the fee simple interest in and to that certain parcel of real property located in Collier County,Florida(the"Property"),being more particularly described as: Lot 17, Grey Oaks Unit Nineteen, according to the plat thereof recorded in Plat Book 35, Pages 47 through 48, inclusive,Public Records of Collier County,Florida(the"Plat");and WHEREAS, pursuant to the Plat, there is a maintenance and drainage easement along the southern boundary of the Property which is twenty feet (20') in width, as well as a drainage easement along the western boundary of the Property which is seven and one-half feet(7.5') in width (collectively,the"Easements");and WHEREAS, on December 14, 2010, the Association and the County (to whom the Easements are dedicated pursuant to the Plat) entered into that certain Encroachment Agreement with the prior owner of the Property, which Agreement is recorded in Official Records Book 4635, Page 1234, Public Records of Collier County, Florida (the "Original Encroachment Agreement"), to allow the swimming pool improvements and related appurtenances located upon the Property to encroach upon certain areas of the Easements;and WHEREAS, the Original Encroachment Agreement failed to address all existing encroachments of the Residence and its appurtenances upon the areas of the Easements located upon the Property (the "Easement Area") and, consequently, the Owner, Association, and County desire to amend and restate the Original Encroachment Agreement in its entirety by entering into this Agreement. NOW THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, the parties hereto agree as follows: 1. Recitals. The above recitals are true and correct and are hereby incorporated into this Agreement in their entirety. 2. Consent to Encroachment. Attached hereto as Exhibit"A" and incorporated herein by reference is an excerpt of a survey prepared by South Florida Surveying,Inc.,dated April 19,2013 (the"Survey Excerpt"). The County and Association hereby acknowledge and consent to the encroachments of the existing swimming pool deck, retaining walls, brick walks, improvements and related appurtenances within the Easement Area as shown on the Survey Excerpt (collectively, the "Encroachments"). Owner shall not expand or modify the Encroachments into the Easement Area beyond those existing and shown on the Survey Excerpt. 3. Release of County and Association. The Owner agrees for itself and its successors and assigns that it shall,jointly and severally, release and hold the County and Association harmless from and against any and all obligations, claims, liabilities, expenses, and/or fees (including reasonable attorneys' fees and court costs), including personal injury or property damage, arising out of the normal use of the Easement Area by the County and/or the Association,its contractors, agents, employees, or invitees as it pertains to the Encroachments, including, without limitation, damage which may occur to the Encroachments during the County's and/or Association's normal operation, maintenance, repair, and/or replacement of its improvements and/or infrastructure within the Easement Area. Neither, the County nor the Association shall have any responsibility AMENDED AND RESTATED ENCROACHMENT AGREEMENT PAGE 1 Packet Page -389- A 5/28/2013 16.A.2. or liability for the cost, repair or replacement of Owner's landscaping or other Owner improvements located within the Easement Area which may be damaged as a result of the County and/or Association's normal and permitted use of the Easement Area. 4. Termination of Original Encroachment Agreement. This Agreement shall be given full force and effect and shall supersede the Original Encroachment Agreement in its entirety, which is hereby terminated and shall be of no further force or effect. 5. Binding Effect. This Agreement shall be binding upon all the parties hereto and their respective heirs, successors, and assigns forever and shall be a covenant running with the land. 6. Governing Law. This Agreement shall be governed by the laws of the State of Florida. In the event of dispute arising hereunder, venue shall lie exclusively in a court of competent jurisdiction in Collier County,Florida, and in no other venue or forum. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. WITNESSES: OWNER: Print Name: William Henry Verhelle,Jr. Print Name: Cyndee Ann Verhelle STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of ,2013,by William Henry Verhelle,Jr. and Cyndee Ann Verhelle,husband and wife. They are ( 1 personally known to me or f 1 produced as identification. [SEAL] Notary Public: Printed Name: My Commission Expires: Signatures continue on the following page. AMENDED AND RESTATED ENCROACHMENT AGREEMENT PAGE 2 Packet Page-390- 5/28/2013 16.A.2. , WITNESSES: ASSOCIATION: Grey Oaks Property Owners Association, Inc., Print Name: a Florida not-for-profit corporation By: Print Name: Print Name: Title: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of ,2013,by of Grey Oaks Property Owners Association, Inc., a Florida not-for-profit corporation, on behalf of the corporation. He/She is F 1 personally known to me or ( 1 produced as identification. [SEAL] Notary Public: Printed Name: My Commission Expires: Date: ATTEST: COUNTY: By: Collier County Board of County Commissioners By: Georgia A. Hiller,Esq. Approved as to form and legal sufficiency: Chairwoman By: Emily R.Pepin Assistant County Attorney AMENDED AND RESTAIt:D ENCROACHMENT AGREEMENT PAGE 3 Packet Page -391- Exhibit „A„ 5/28/2013 16.A.2. 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