Agenda 05/27/2008 Item #16A 7
Agenda Item No, 16A7
May 27, 2008
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to approve an Encroachment Agreement for Lot 77, The Lodgings of
Wyndemere
OBJECTIVE:
To approve an Encroachment Agreement with the current property owner of Lot 77, The
Lodgings of Wyndemere.
CONSIDERATIONS:
Engineering and Environmental Services Staff has completed the review of the Encroachment
Agreement. The owner intends to replace an existing pool enclosure and existing metal lanai
roof which encroaches 2.0 feet into a 15-foot Drainage Easement which is dedicated to Collier
County with no responsibility for maintenance. The easement is dedicated to the Wyndemere
Homeowner's Association with responsibility for maintenance. The Homeowner's Association is
also a party to the agreement. There are no drainage facilities within the easement. A swale
exists within the easement however the swale is not affected by the encroachment.
Engineering and Environmental Services Department recommends approval of the
Encroachment Agreement.
/"'"-0.
FISCAL IMPACT:
There is no fiscal impact. The property owner will be responsible for any recording fees.
GROWTH MANAGEMENT IMPACT:
There is no growth management impact.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Encroachment Agreement for
legal sufficiency. JW
RECOMMENDATIONS:
1, That the Board of County Commissioners approve the Encroachment Agreement.
2. Direct the Clerk to record the Encroachment Agreement.
~
PREPARED BY: John Houldsworth, Senior Engineer, Engineering and Environmental Services
Department
~
Item Number:
Item Summary:
Meeting Date:
Page I of 2
Ageilda Item No, 16/0,7
May 27, 2008
Page 2 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A7
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 Encroachment Agreement for Lot 77, The Lodgings of Wyndemere
5127/200890000 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Engineering Services
51912008 11 :11 :36 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
5112120084:25 PM
Approved By
Jeff Wright
-,
County Attorney
Approved By
Stan Chrzanowski
Community Development &
Environmental Services
Assistant County Attorney
Date
County Attorney Office
51141200811 :46 AM
Engineering Review r...'lanager
Date
Engineering Services
5/14/20084:26 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
5114120086:35 PM
Approved By
Wil1iam D. Lorenz, Jr., P.:::.
Community Development &
Environmental Services
Environmental Services Director
Dat&
Envimnmental Services
5!15.12008 7:53 AM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
5/15/200810:04 AM
Approved By
('\
Mark Isackson
County Manager-'s Offi:-€.'
Approved By
Budget Analyst
uat.e
Offke of Mana!)8m8nt.~ Budget
5!15/2008 5:15 PM
file:IIC:\AuendaT est\EXDort\ I 08-Mav%2027, %202008\ 16.%20CONSENT%20AGENDA \ I... 5/21/2008
Page 2 01'2
,A,genda Item No. 16A7
May 27 2008
Pa~e 3 of 9
Leo E. O::;r.5, Jr.
Deputy County Manager
Date
Board of County
Commi~sioners
County Manager's Office
5116120089:40 AM
file:/Jr::IAgendaTestIExo0l11 I 08-Mav%2027 .%202008116. oj,,20CONSENT%20AGENDA 1 I... 5/21/2008
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,~.qenda :tem No. ''['S,b,?
~ May 27, 2008
Page 5 of 9
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT ("AGREEMENT') is made and entered into
this M day of 111ft;, ,2008 by and between The Wyndemere Property Owner's
Association, Inc. ("W ndemere"), DIanne Roof ("Roof') and the Collier County Board of
County Commissioners ("County"), a political subdivision of the state of Florida,
RECIT ALS:
A. Pursuant to that certain plat of The Lodgings of Wyndemere Section One,
recorded at Plat Book 13, Pages 8 through 12, of the Public Records of Collier
County, Florida, (the "Plat"), the County is record owner of certain non-exclusive
easement rights (collectively, the "Easements") within and upon that certain
parcel of real property (Lot 77, The Lodgings of Wynd em ere Section One) 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 "Wyndemere",
C. Dianne Roof ("Roof') is the record owner of the fee simple interest in and to that
certain parcel of real property known as Lot 77, The Lodgings of Wyndemere
Section One, which subject property is burdened by the Easements.
D. Roof wishes to replace an existing screen pool enclosure and metal lanai roof so
that they encroach 2.0 feet into the 15 foot easement area along the southerly
boundary line of Lot 77, and as shown on Exhibit 'B',
E. The easement contains a shallow swale which conveys a portion of lot storm-
water runoff. The swale will continue to function as designed. There are no other
improvements within the easement.
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:
1. Consent to Encroachment: The County hereby expressly consents to the
encroachment of two feet (2,0) feet into the 15 foot easement Drainage Easement on the
plat known as The Lodgings of Wyndemere Section One (Lot 77) according to the plat
u')
-------
i\O~0nda item t~o. 16/\7
~ May 27,2008
Page 6 of 9
thereof as recorded at Plat Book 13, Pages 8 through 12, of the Public Records of Collier
County, Florida, and located along the ~ boupdary line of the property.
v"
2. Indemnification of County: Wyndemere and Roof 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 Wyndemere or Roof, it's contractors,
agents, employees or invitees at any time while the encroachment remains within the
Easement Area. Further, Wyndemere and Roof 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 prese" of:
~~t!i1 !/'_
])()d Ie f6krf'r
Print Name
Wyndemere Property Owners Association, Inc.
/117 U"'O J' 1~ tttCL~JAb ;!)~11k,
Name,' Title:
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Print Name
(2)
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Witnesses
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Print Name
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Print Name
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Dianne Roof
/
Owner
ATTEST:
COLLIER COUNTY BOARD OF COMMISSIONERS
BY:
By:
TOM HENNING, CHAIRMAN
Date:
Approved as to form and legal sufficiency:
BY
BY: JeffE. Wright,
Assistant County Attorney
(3)
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