Backup Documents 12/14/2010 Item #16A12ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's sisnature. draw a line through routine lines #1 through #4 emmnlete thr rho 1.1;& �r 4 f4 ... c. r:L.,... n:..e ucN
Route to Addressee(s)
(List in routing order)
__ .. _ _____ _ .. .,
Office
Initials
Date
1. Judy Puig
GMD Planning &
Regulation/Operations
(Initial)
%10
2.
i
Agenda Item Number
3.
7-1 c �
lie • A
4.
by the Office of the County Attorney. This includes signature pages from ordinances,
Number of Original
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
Documents Attached
1 LI
(3-1jo
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Phone Number
_T
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
i
Agenda Item Number
Approved by the BCC
7-1 c �
lie • A
Type of Document
by the Office of the County Attorney. This includes signature pages from ordinances,
Number of Original
Attached
�� :_.�:Kr 1 ;�l '
Documents Attached
V�
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
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. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
+
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
1
document or the final negotiated contract date whichever is applicable
'
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aw a of your deadlines!
6.
The document was approved by the BCC oQA114i 10 (enter date) and all changes
made during the meeting have been incorporated to the attached document. The
—County
Attorney's Office has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16A 1�
MEMORANDUM
Date: December 17, 2010
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Encroachment Agreement with Bret Boyd
Attached for your records is a copy of the document referenced
above (Agenda Item #16Al2) adopted by the Board of County
Commissioners on Tuesday, December 14, 2010.
If you should have any questions, please feel free to contact me at
252 -8411.
Thank you.
Attachment (1)
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
REC $52.50
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT ( "AGREEMENT ") is made and enteredU A 12
this Wµ day of G , 2010 by and between The Grey Property Oaks Pro ert Owners
Association, Bret J. Boyd (Owner) and the Collier County Board of County -
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 easement rights (collectively, the "Easements ") within and
upon that certain parcel of real property (Lot 17) located in Collier County,
Florida, as more particularly described on Exhibit `A' attached hereto and
incorporated herein by this reference (the "Easement Area ")'
B. The Easement Area is managed and maintained by the Grey Oaks Property
Owners Association.
C. Bret J. Boyd is the record owner of the fee simple interest in and to that certain
parcel of real property known as Lot 17, which subject property is burdened by the
Easements.
D. Bret J. Boyd wishes to renovate their home and pool area such that the pool deck
and associated buffering encroaches 9 feet into 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 ($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:
16A 12
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 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, 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.
3. Binding Effect: This Agreement shall be binding upon the parties hereto, their
respective heirs, successors and assigns forever.
4. Governing Law: This Agreement shall be governed by the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have caused 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:
WU (,41
Print Name
�n1�I CA
Print Name
Bret J. Boyd, Ow r
(2)
W' esses
c'nscm
Print
laft�
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Print Name
Grey Oaks Property O
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16A I�
>00ciation
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TTEsit. ` rs �C COLLIER CO , rf&F OM ISSIONERS
BY: l
FRED COYLE, CHAIRMAN
, f
Approve'sfo form and legal sufficiency:
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BY: Steven Williams, r ��
Assistant County Attorney ' \+1il`�°
(3)
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BOYD RESIDENCE
CANNA WAY
GREY OAKS, NAPLES, FLORIDA
16A 19
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16Al2
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:
• The Board approved a variance for the outdoor kitchen and the pool equipment
and condenser unit wall to encroach in to the south/east side setback by 2.5'.
• The Board approved a variance for the brick path and retaining wall to encroach
in to the rear setback and lake maintenance easement with the understanding that
a minimum of 8'6" clearance will be left as an access way for lake maintenance
should it be required.
• The Board approved a variance for the retaining wall, the pool pad, the brick
path and the sport court to encroach on to the side setback on the south/west side
of the property.
If you have any questions please call.
GREY OAKS DESIGN REVIEW BOARD
Connie Dickinson - Chairperson
Thomas W. Sansbury
Jerry Stropes
Cc: DRB Members
DRB File — IR 17