Agenda 05/22/2018 Item #16A 605/22/2018
EXECUTIVE SUMMARY
Recommendation to approve an Easement Use Agreement (Agreement) for Site 56, Block A,
Pelican Bay Unit One, according to the plat thereof as recorded at Plat Book 12, Pages 47 -52 of the
public records of Collier County.
OBJECTIVE: To approve an Easement Use Agreement between the County and the current property
owner of Site 56, Block A, Pelican Bay Unit One, 711 Bobwhite Lane, LLC.
CONSIDERATIONS: The property is located at 711 Bobwhite Lane. There is a fence in the backyard
located approximately 0.5 feet south of the northern property line which results in an encroachment into
the 10-foot wide Pelican Bay Improvement District Drainage (P.B.I.D.) Easement on the North side, and
the 6-foot wide Drainage Easement along the East side of the property, as shown on Exhibit A of the
Agreement. According to the dedication language on the cover sheet of the Pelican Bay Unit One plat, all
streets, roads and easements shown on the plat were dedicated to the “perpetual use of the public for the
purposes shown,” and therefore the County has a property interest in the 6-foot wide drainage easement
along the eastern property line. Moreover, the dedication language states that all Pelican Bay
Improvement District Drainage Easements are dedicated to the P.B.I.D. Collier County is the successor
to the Pelican Bay Improvement District by virtue of Resolution No. 90 -335, in which the County
exercised its ability to succeed to the powers, rights, duties, functions and obligations of the P.B.I.D., and
therefore the County has an interest in the 10-foot wide P.B.I.D. easement along the northern property
line.
According to the applicant, the purpose of this Agreement is to allow the privacy fence to remain. The
County has never maintained the easement, and the easement is maintained by the property owner. There
are no drainage facilities within the easement area. Development Review has reviewed the Agreement
and Exhibits and recommends approval of the Easement Use Agreement.
FISCAL IMPACT: There is no fiscal impact associated with this action. The property owners will be
responsible for the recording fees.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. SAS
RECOMMENDATIONS:
1. To approve the Easement Use Agreement between the County and the current property owner of Site
56, Block A of Pelican Bay Unit One, 711 Bobwhite Lane, LLC, and authorize the Chairman to
execute the Agreement.
2. Direct the Clerk to record the Easement Use Agreement.
Prepared by: Lucia S. Martin, Technician, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Easement Use Agreement with Exhibits (PDF)
3. Plat Map (PDF)
16.A.6
Packet Pg. 634
05/22/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doc ID: 5362
Item Summary: Recommendation to approve an Easement Use Agreement (Agreement) for Site
56, Block A, Pelican Bay Unit One, according to the plat thereof as recorded at Plat Book 12, Pages 47-
52 of the public records of Collier County.
Meeting Date: 05/22/2018
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
04/12/2018 11:52 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
04/12/2018 11:52 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 04/12/2018 2:43 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 04/16/2018 9:55 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 04/17/2018 9:27 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 04/18/2018 8:06 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 04/20/2018 4:36 PM
Growth Management Department James French Deputy Department Head Review Completed 04/20/2018 4:43 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 04/20/2018 5:22 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 04/27/2018 2:55 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/30/2018 7:38 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/30/2018 10:44 AM
Office of Management and Budget Allison Kearns Additional Reviewer Completed 04/30/2018 11:37 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/12/2018 11:10 AM
Board of County Commissioners MaryJo Brock Meeting Pending 05/22/2018 9:00 AM
16.A.6
Packet Pg. 635
SITE 56, BLOCK A, PELICAN BAY UNIT ONE
LOCATION MAP
16.A.6.a
Packet Pg. 636 Attachment: Location Map (5362 : Easement Use Agreement - Site 56, Block A, Pelican Bay Unit One)
SITE 56, BLOCK A, PELICAN BAY UNIT ONE
LOCATION MAP
16.A.6.a
Packet Pg. 637 Attachment: Location Map (5362 : Easement Use Agreement - Site 56, Block A, Pelican Bay Unit One)
16.A.6.b
Packet Pg. 638 Attachment: Easement Use Agreement with Exhibits (5362 : Easement Use Agreement - Site 56, Block A, Pelican Bay Unit One)
16.A.6.b
Packet Pg. 639 Attachment: Easement Use Agreement with Exhibits (5362 : Easement Use Agreement - Site 56, Block A, Pelican Bay Unit One)
16.A.6.b
Packet Pg. 640 Attachment: Easement Use Agreement with Exhibits (5362 : Easement Use Agreement - Site 56, Block A, Pelican Bay Unit One)
16.A.6.bPacket Pg. 641Attachment: Easement Use Agreement with Exhibits (5362 : Easement Use Agreement - Site 56, Block A,
16.A.6.c
Packet Pg. 642 Attachment: Plat Map (5362 : Easement Use Agreement - Site 56, Block A, Pelican Bay Unit One)
16.A.6.c
Packet Pg. 643 Attachment: Plat Map (5362 : Easement Use Agreement - Site 56, Block A, Pelican Bay Unit One)
16.A.6.c
Packet Pg. 644 Attachment: Plat Map (5362 : Easement Use Agreement - Site 56, Block A, Pelican Bay Unit One)
16.A.6.c
Packet Pg. 645 Attachment: Plat Map (5362 : Easement Use Agreement - Site 56, Block A, Pelican Bay Unit One)
16.A.6.c
Packet Pg. 646 Attachment: Plat Map (5362 : Easement Use Agreement - Site 56, Block A, Pelican Bay Unit One)
16.A.6.c
Packet Pg. 647 Attachment: Plat Map (5362 : Easement Use Agreement - Site 56, Block A, Pelican Bay Unit One)