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
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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
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VSLIC.14 i/� Bret J. Boyd, Own' r t
Print Name
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Print Name
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Packet Page -384-
OR 4635 PG 1236 5/28/2013 16.A.2.
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*** OR 4635 PG 1239 ***
5/28/2013 16.A.2.
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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