Agenda 11/12/2019 Item #16K 6 (Settlement Agreement - Lane)11/12/2019
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a settlement agreement between
Jeffrey and Brenda Lane and Collier County, related to dispute over ownership of a drainage
easement within the property located at 6915 Oakmont Parkway, Naples, Florida, with the County
accepting ownership of the drainage easement and future maintenance of the drainage line and
both parties waiving costs incurred in relation to the failure and replacement of the prior drainage
line.
OBJECTIVE: Recommendation to approve the settlement between Jeffrey and Brenda Lane and Collier
County, related to a dispute over ownership of a drainage easement within the property located at 6915
Oakmont Parkway, Naples, Florida, with the County accepting ownership of the drainage easement and
future maintenance of the drainage line and both parties waiving costs incurred in relation to the failure of
the prior drainage line.
CONSIDERATIONS: This matter arises out of a dispute as to ownership and maintenance
responsibilities of an alleged twelve (12) foot wide drainage easement, encumbering the northern six (6)
feet of Site 4, Parcel A, as depicted on Exhibit B, in the attached settlement agreement.
In September 2017, the drainage line adjacent to the Lane’s residence and within the disputed easement
area failed. As a result, the Lane’s had to pay for repair work to their residence. The County replaced the
drainage line on an emergency basis. The drainage easement, in favor of the County, was recorded on
July 21, 1986 at OR 1210 PG 1566. However, it appears the easement was not formally accepted by the
County at the time of recordation, as the easement was not signed by the County Engineer and Utility
Administrator as was then required under Ordinance 83-17. Further complicating the ownership and
maintenance responsibilities of the drainage line within the easement, permitted improvements to the
property were made by previous owners within the easement area.
After many months of records review and negotiations, a tentative settlement agreement has been reached
between the parties. Under the terms of agreement, the parties will not seek reimbursement for damages
incurred to the property or for the replacement of the failed drainage line. The County will accept
ownership of the drainage easement, future maintenance of the drainage line, and allow the existing
encroachment into the drainage easement area. The Lane’s will not make any additional improvements
into the easement area and agree to be solely responsible for repair and replacement of their property
improvements, that currently encroach into the drainage easement, upon any future repair or replacement
of the new drainage line by the County. It is the County Attorney and Risk Management Department’s
position that this settlement is reasonable and in the best interest of Collier County.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for approval. - KLN
RECOMMENDATION: For the Board of County Commissioners to accept the proposed settlement
and authorize the Chair to execute the Settlement Agreement.
PREPARED BY: Kevin L. Noell, Assistant County Attorney
Jeffrey A. Klatzkow, County Attorney
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ATTACHMENT(S)
1. Settlement Agreement-Lane (PDF)
2. Subject Easement (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 10702
Item Summary: Recommendation to approve and authorize the Chair to execute a settlement
agreement between Jeffrey and Brenda Lane and Collier County, related to dispute over ownership of a
drainage easement within the property located at 6915 Oakmont Parkway, Naples, Florida, with the
County accepting ownership of the drainage easement and future maintenance of the drainage line and
both parties waiving costs incurred in relation to the failure and replacement of the prior drainage line.
Meeting Date: 11/12/2019
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
10/30/2019 10:07 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/30/2019 10:07 AM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 10/30/2019 10:11 AM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 10/30/2019 10:30 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/30/2019 10:34 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/30/2019 10:55 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/30/2019 1:20 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/03/2019 11:52 AM
Board of County Commissioners MaryJo Brock Meeting Pending 11/12/2019 9:00 AM
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Packet Pg. 2463 Attachment: Settlement Agreement-Lane (10702 : Approve settlement agreement between Jeffrey and Brenda Lane and Collier County)
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