Agenda 11/09/2021 Item #16A 9 (Easement Use Agreement - Lot 83, The Lodgings of Wyndemere, Section 1)11/09/2021
EXECUTIVE SUMMARY
Recommendation to approve an Easement Use Agreement (Agreement) for Lot 83, The Lodgings of
Wyndemere, Section One, according to the plat thereof as recorded at Plat Book 13, Page 8 of the
public records of Collier County.
_____________________________________________________________________________________
OBJECTIVE: To approve an Easement Use Agreement between the County and the current property
owner of Lot 83, The Lodgings at Wyndemere, to allow an iron fence, concrete wall, pool cage, and deck
to encroach into a 15-foot-wide utility and drainage easement, more specifically shown on Exhibit “A”.
CONSIDERATIONS: The property is located at 153 Edgemere Way South. There is an existing iron
fence, concrete wall, and pool deck on the subject property encroaching into the 15-foot-wide utility and
drainage easement located along the rear boundary of the property as shown on Exhibit “A”. The current
owner purchased the property in March 2021 with these encroachments already in place. The house,
originally built in 1989, also had a screen enclosure on the pool deck that was removed by the previous
owners in 2017 for roof repairs. The current owner wants to replace the screen enclosure in the exact
location it was originally installed. According to the plat of The Lodgings of Wyndemere (Plat Book 13,
Page 8), the subject utility and drainage easement is dedicated to the Wyndemere Homeowners
Association with responsibility for maintenance and to Florida Power & Light Company, United
Telephone Company, now CenturyLink (LUMENS), and Collier County with no responsibility for
maintenance.
The Development Review Division and the Collier County Stormwater Program has reviewed the
Agreement and Exhibits and recommends approval of the Easement Use Agreement.
FISCAL IMPACT: There is no fiscal impact. The property owners will be responsible for the recording
fees of this Agreement.
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. -DDP
RECOMMENDATIONS: Approve the Easement Use Agreement between the County and current
property owners of Lot 83, The Lodgings of Wyndemere, Section One, and authorize the Chairman to
execute the Agreement and direct the Clerk to record the Easement Use Agreement into the public
records of Collier County, Florida.
PREPARED BY: Marcus L. Berman, County Land Surveyor, Development Review Division
ATTACHMENT(S)
1. Easement Use Agreement - 092921 (PDF)
2. LONOs All (PDF)
3. Plat of The Lodgings of Wyndemere Sheets 1 & 3 (PDF)
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11/09/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9
Doc ID: 20224
Item Summary: Recommendation to approve an Easement Use Agreement (Agreement) for Lot
83, The Lodgings of Wyndemere, Section One, according to the plat thereof as recorded at Plat Book 13,
Page 8 of the public records of Collier County.
Meeting Date: 11/09/2021
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
09/30/2021 1:47 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
09/30/2021 1:47 PM
Approved By:
Review:
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 09/30/2021 2:29 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 10/04/2021 3:07 PM
Capital Project Planning, Impact Fees, and Program Management Matthew McLean Additional Reviewer Completed 10/07/2021 10:59 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 10/07/2021 1:57 PM
Growth Management Department Jaime Cook Additional Reviewer Completed 10/11/2021 11:09 AM
Growth Management Department Trinity Scott Transportation Skipped 10/01/2021 11:00 AM
Growth Management Department James C French Growth Management Completed 10/11/2021 5:04 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 10/19/2021 2:24 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 10/19/2021 3:09 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/19/2021 4:38 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/21/2021 4:22 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 10/29/2021 2:08 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/09/2021 9:00 AM
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Packet Pg. 315 Attachment: Easement Use Agreement - 092921 (20224 : EUA-Lot 83 The Lodgings of Wyndemere)
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Packet Pg. 316 Attachment: Easement Use Agreement - 092921 (20224 : EUA-Lot 83 The Lodgings of Wyndemere)
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Packet Pg. 317 Attachment: Easement Use Agreement - 092921 (20224 : EUA-Lot 83 The Lodgings of Wyndemere)
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Packet Pg. 318 Attachment: Easement Use Agreement - 092921 (20224 : EUA-Lot 83 The Lodgings of Wyndemere)
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Packet Pg. 319 Attachment: Easement Use Agreement - 092921 (20224 : EUA-Lot 83 The Lodgings of Wyndemere)
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Packet Pg. 320 Attachment: Easement Use Agreement - 092921 (20224 : EUA-Lot 83 The Lodgings of Wyndemere)
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Packet Pg. 321 Attachment: Easement Use Agreement - 092921 (20224 : EUA-Lot 83 The Lodgings of Wyndemere)
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Packet Pg. 322 Attachment: Easement Use Agreement - 092921 (20224 : EUA-Lot 83 The Lodgings of Wyndemere)
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Packet Pg. 323 Attachment: LONOs All (20224 : EUA-Lot 83 The Lodgings of Wyndemere)
Bob Josselyn
From:
Sent:
To:
Subject:
Santabarbaracino < Gino.Santabarbara@colliercountyfl.gov>
Wednesday, July 28, 2021 9:05 AM
Bob Josselyn
FW: Request for LONO: 153 Edgemere Way
Good morning Robert,
Please accept this email as a letter of no objection for 153 Edgemere Way to replace an in-kind pool cage as permitted
when the house was constructed in 1989.
Please note that this letter of no objection is contingent on an executed easement use agreement, since the a portion of
the pool cage was and will be within the Drainage Easement located along the southern portion of this parcel.
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Packet Pg. 324 Attachment: LONOs All (20224 : EUA-Lot 83 The Lodgings of Wyndemere)
September 7, 2021
Attn: Ali Claremont
RE - LONO 153 Edgemere Way S
Dear Ali,
Thank you for contacting Comcast regarding your proposed objection. This is to inform you that
Comcast Cable has facilities in the West Public Utility Easement (PUE). We have no objection to
the work but please make sure all facilities are located and the work being performed around
the plant is done cautiously on the property 153 Edgemere Way S, Naples, Florida, 34105.
If you have any further question or concerns, please do not hesitate to contact me at
(239)205-0469.
Sincerely,
Xavier Medina
Xavier Medina
Specl 2, Construction
12600 Westlinks Drive, #4
FT. Myers, FL 33913
239-205-0469 – M
239-671-5713 – O
Xavier Medina
Specl 2, Construction
2600 Westlinks Drive, #4
Ft. Myers, FL 33913
239-205-0469 – M
239-671-5713– O
16.A.9.b
Packet Pg. 325 Attachment: LONOs All (20224 : EUA-Lot 83 The Lodgings of Wyndemere)
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Packet Pg. 326 Attachment: LONOs All (20224 : EUA-Lot 83 The Lodgings of Wyndemere)
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Packet Pg. 327 Attachment: LONOs All (20224 : EUA-Lot 83 The Lodgings of Wyndemere)
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Packet Pg. 328 Attachment: Plat of The Lodgings of Wyndemere Sheets 1 & 3 (20224 : EUA-Lot 83 The Lodgings of Wyndemere)
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Packet Pg. 329 Attachment: Plat of The Lodgings of Wyndemere Sheets 1 & 3 (20224 : EUA-Lot 83 The Lodgings of Wyndemere)