Agenda 01/14/2020 Item #16A25 (Policy for Easement Use Agreements)01/14/2020
EXECUTIVE SUMMARY
Recommendation to establish policy and a standard template for an Easement Use Agreement
associated with minor encroachments in utility, drainage, or similar easements on behalf of the
Board of County Commissioners.
OBJECTIVE: To have the Board of County Commissioners (Board) establish the policy for obtaining a
permit to construct or install a minor structure in a utility, drainage, or similar easement and to authorize
the County Manager or his designee to execute the Easement Use Agreement on behalf of the Board.
CONSIDERATIONS: The County does not currently have a policy or procedure in place for allowing
minor structures in utility, drainage, or similar easements for residential properties with fee simple
ownership. Minor structures include fences, air conditioning equipment/concrete pad, pool
equipment/concrete pad, generators, sidewalks, and other minor structures as determined by Collier
County Growth Management staff. Historically, minor structures have been approved and constructed as
minor encroachments into easements on fee owner’s real property. Many of these encroachments already
exist in older neighborhoods such as Golden Gate City. Staff anticipates using this process when the
drainage structures are replaced and repaired. These types of improvements typically do not impair the
prescribed function of the easement, nor hinder routine maintenance access to existing facilities. Staff is
recommending a policy to the Board that would allow such minor structure encroachment s on a
residential fee owner’s property where the following conditions have been met:
o Determination whether a minor structure impacts the established use of the easement.
o Written consent of all easement holders/beneficiaries specific to the proposed
construction or installation is provided, including Letter(s) of No Objection signed by
authorized agent(s).
o Executed Easement Use Agreement.
A condition of approval of the permit will require that the Easement Use Agreement is recorded in public
records.
Roof overhangs will be exempt from the requirement to provide an Easement Use Agreement; however,
Letter(s) of No Objection will still be required. Walls and buildings or structures designed for occupancy,
including screen enclosures, pools, spas, and other structures as determined by Collier County Growth
Management staff, will not be permitted in any easement. This policy is intended only to address minor
structures in easements on residential properties with fee simple ownership. Structures in easements for
multi-family and commercial properties will be handled independently through the Site Development
Plan permitting process.
A process for where existing structures designed for occupancy are later discovered to encroach on a
County easement is already in effect. That process also requires an Easement Use Agreement, but it is
used solely for the after-the-fact discovery of a structure that encroaches on an easement, such as a screen
enclosure or pool. Further, that process requires individual Board approval of the Easement Use
Agreement.
If staff is required to present Easement Use Agreements for minor structure encroachments to the Board
for approval, it will delay commencement of the work and require additional staff time in preparing
agenda items for each Agreement. Authorizing the County Manager or his designee to execute the
standard agreements on behalf of the Board will save four to six weeks in the issuance of these permits.
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DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) RECOMMENDATION: The
Development Services Advisory Committee (DSAC) delegated the review of the policy and standard
template to the DSAC subcommittee which reviewed and recommended approval. The subcommittee
noted that consideration of mechanical screening walls to provide sound and heat attenuation should be
considered but this item was not dependent on their recommendation of approval of the policy and
standard template.
FISCAL IMPACT: There is no fiscal impact to the County associated with this action.
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. - SAA
RECOMMENDATION: To establish the policy and authorize the County Manager or his designee to
execute Easement Use Agreements for minor encroachments in utility, drainage, or similar easements on
behalf of the Board.
Prepared By: Matthew McLean, Director, Development Review, and Amy Patterson, Director, Capital
Project Planning, Impact Fees & Program Management
ATTACHMENT(S)
1. Standard Form Easement Use Agreement (PDF)
2. Project Examples Pictures (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.25
Doc ID: 11142
Item Summary: Recommendation to establish policy and a standard template for an Easement
Use Agreement associated with minor encroachments in utility, drainage, or similar easements on behalf
of the Board of County Commissioners.
Meeting Date: 01/14/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
12/17/2019 11:39 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
12/17/2019 11:39 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/17/2019 1:14 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 12/17/2019 2:10 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 12/18/2019 1:33 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/18/2019 4:15 PM
Growth Management Department Kenneth Kovensky Deputy Department Head Review Completed 12/18/2019 4:59 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 12/23/2019 8:25 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/23/2019 11:03 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/26/2019 3:41 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/27/2019 9:15 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/03/2020 9:34 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/14/2020 9:00 AM
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Owner: _______________________
Address: ______________________
______________________________
Permit No.: ____________________
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EASEMENT USE AGREEMENT
This EASEMENT USE AGREEMENT (“Agreement”) is made as of this ____ day of
________, 20____, by and between _________________ (“Owner”) and Collier County
(“County”).
WHEREAS, Owner is the current fee owner of that certain real property known as
______________________ according to the plat thereof as recorded in Plat Book ____, Page ____,
of the Public Records of Collier County, Florida (hereinafter “Subject Property”); and
WHEREAS, as set forth in Plat Book ____, Page ____, the County is record owner of
certain non-exclusive ______________________ easement rights, as referenced in paragraph
_____ of the Plat dedications, a portion of which encumbers the Subject Property (hereinafter
“Easement Area”); and
WHEREAS, Owner has or wishes to construct or install a ______________________ (the
“Encroachment”) in a portion of the County’s easement located on Owner’s property; and
WHEREAS, the County has no present objection to the use of the Encroachment within
the Easement Area, provided that Owner agrees to the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the sum of $10.00 and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Owner hereby agrees
as follows:
1. The above recitals are true and correct and are incorporated herein.
2. Owner shall provide to the County whatever access the County requires to continue
its easement rights and further agrees to waive any claim of damage to the Encroachment arising
out of the County’s maintenance activities within the Easement Area, whether such damage is
intentional or unintentional.
3. The County agrees that until otherwise notified, Owner may continue the use of
Encroachment within the Easement Area, however, the County retains the right, in its sole
discretion, to demand by written request that the Encroachment be removed from the Easement
Area, which Owner shall do at their sole cost and expense within a reasonable time from receipt
of such request.
4. The Encroachment shall be as depicted on the building permit application number
_________________________, filed with Collier County Growth Management Department, and
no other construction shall be in effect in said Easement.
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5. Owner agrees for him/herself 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 the Owner , his/her
respective contractors, agents, employees or invitees at any time while the Encroachment remains
within the Easement Area. Further, Owner, for him/herself, 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 Encroachment during the normal operation,
maintenance, repair and/or replacement, as applicable, of the Easement Area and/or the
Encroachment and/or the infrastructure, which may now or in the future be located within the
Easement Area.
6. This Agreement shall be recorded at the Owner’s expense in the Official Records
of Collier County, Florida, and shall be a covenant running with the land and shall be binding upon
the heirs, personal representatives, grantees, assigns and successors.
IN WITNESS WHEREOF, the parties hereto have executed this Easement Use Agreement
as of the date first above written.
WITNESSES: OWNER:
__________________________ ____________________________
(Signature) Printed Name: ________________
Print Name: ________________
__________________________ BOARD OF COUNTY COMMISSIONERS
(Signature) OF COLLIER COUNTY, FLORIDA
Print Name: ________________
By:_____________________________
______________,__________________,
as designee of the County Manager
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me, the undersigned authority, on this
____ day of _________, 20___, by _____________who ( ) is personally known to me or has ( )
produced _______________________________ as identification.
Notary Public/State of Florida
(SEAL)
Name:
My Commission expires: _________
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Packet Pg. 1284 Attachment: Standard Form Easement Use Agreement (11142 : Establish Policy and Standard Template for an Easement Use Agreement for
Example 1
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Packet Pg. 1285 Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement Use Agreement for minor
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Example 2
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Example 3
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Example 4
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