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Agenda 12/12/2023 Item #16A22 (Approve Easement Use Agreements for Goodland Isles First Addition)12/12/2023 EXECUTIVE SUMMARY Recommendation to approve an Easement Use Agreement for Lots 3, 4, & 5, Block C, Goodland Isles First Addition, according to the plat thereof as recorded at Plat Book 8, Page 1 of the Public Records of Collier County. (EUA- PL20220005415) _____________________________________________________________________________________ OBJECTIVE: To approve an Easement Use Agreement between the County and the current property owner of Lots 3, 4, & 5, Block C, Goodland Isles First Addition, in order to allow multiple encroachments within a 12-foot platted Drainage Easement (DE) and a 12-foot Drainage Easement (DE) granted to Collier County in O.R. Book 6112, Page 3895, Public Records of Collier County, Florida. All encroachments are more specificall y shown in Exhibit “A” of the Easement Use Agreement. CONSIDERATIONS: The properties are located at 655, 657, and 659 Palm Avenue, zoned Village Residential (VR), and within the Goodland Zoning Overlay (GZO). The property at 659 Palm Avenue was acquired by the current owner (now known as Double M Investments, LLC) in December 2016. A building permit for a 288- square-foot “tiny house” was issued June 18, 2018 (PRBD20171254064-01) for Lot 3. Upon construction of the dwelling, the applicant submitted the required spot survey, which showed the structure encroaching into the rear yard/waterbody setback and the 6-foot east side lot line platted drainage easement (D.E.). Because of the encroachment, the structure never received a certificate of occupancy and is subject to code enforcement case no. CESD20170011238, which this easement use agreement seeks to help resolve. The owner filed an Administrative Variance application (PL20180002825) in 2018 to allow the 0.1-foot encroachment into the required side yard. The Administrative Variance was denied, as the side yard encroachment is not a setback encroachment (the required side yard setback is 5 -feet). The Denial advised that the structure requires a variance to the required 20-foot rear yard setback and either a Vacation of Easement or an Easement Use Agreement approval for the encroachment into the 6-foot-wide drainage easement. The variance petition is currently pending resolution of the encroachment into the D.E. A separate application to Vacate the D.E. (PL20200002113) was submitted in 2020. That application was never found sufficient. Based on direction from Collier County staff, an application for an Easement Use Agreement (PL20220005415) was submitted in 2022 in lieu of the petition to vacate the drainage easement. During the review of the original application to vacate the easement, it was determined by the Stormwater Management Section that there was no drainage infrastructure in the platted D.E. located between Lots 3 and 4 as identified on Goodland Isles First Addition (PB 8; PG 1-2). Fieldwork identified that a drainage pipe was located between Lots 4 and 5. Per the county’s request, the property owner conveyed a new drainage easement at that location, recorded in O.R. Book 6112, Page 3895. This Easement Use Agreement covers all encroachments into both the platted D.E. located on Lots 3 and 4 and the newly conveyed D.E. located on Lots 4 and 5, as enumerated below and as shown on the enclosed Exhibit “A” Boundary Survey. Encroachments within the platted Drainage Easement Lots 3 and 4 (PB 1; PG 1-2): 1. Two-story structure (Tiny House) on Lot 3 encroaches 0.3’ into the east side 6’ D.E. 2. Six-foot Plastic Fence on Lot 3 adjacent to property line. 3. Raised Wood Platform on Lot 3 with concrete underneath. 4. 7.7’ x 7.7’ Shed on Lot 4 encroaches 4.8’ into the 6’ D.E. 5. Elevated Boat Winch on concrete pads on Lot 4. 6. Concrete patio, driveway pavers, and transformer pad on Lots 3 and 4. Encroachments within the Drainage Easement Lots 4 and 5 (OR 6112, PG 3895-3898): 16.A.22 Packet Pg. 1086 12/12/2023 1. 12.2’ x 12.2’ Shed on Lot 4 encroaches 3.1’ into the 6’ D.E. 2. 4’ Wooden Fence on Lot 4 adjacent to the property line. 3. 4’ Plastic Fence on Lot 5 adjacent to property line. 4. 8’.0’ x 10.7’ Shed on Lot 5 encroaches 5.3’ into the 6’ D.E. 5. 9.4’ x 26.2’ Wood Tiki Structure encroaches 5’ into the 6’ D.E. 6. Concrete patio, electrical pole, and landscaping on Lots 4 and 5. Because there are no stormwater infrastructure improvements within the platted D.E. located on Lots 3 and 4, there will not be any issues from the encroachments outlined above. The property owner voluntarily granted a new 12- foot drainage easement over the existing stormwater infrastructure located along the shared property line of Lots 4 and 5. This drainage easement is recorded in O.R. Book 6112, PGs 3895-3898. The encroachments outlined above existed when Collier County created and accepted the drainage easement. The minor encroachments within this D.E. are not expected to be problematic for the maintenance of the drainage easement. The proposed Easement Use Agreement allows the County to request removal of these encroachments at the owner’s expense upon written request by the County. Development Review and the Collier County Stormwater Program have reviewed the Agreem ent and Exhibits and recommend 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: No growth management impact is 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: To approve the Easement Use Agreement between the County and current property owner of Lots 3, 4, & 5, Block C, Goodland Isles First Addition, 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 110123 (PDF) 2. Application for Easement Use Agreement (Received) (PDF) 3. Affidavit of Authorization Chris Scott (PDF) 4. Property Ownership Disclosure (Received) (PDF) 5. LONO Emailed Stormwater Planning (PDF) 6. Plat of Goodland Isles First Addition (PDF) 7. Drainage Easement OR 6112 PG 3895 (PDF) 16.A.22 Packet Pg. 1087 12/12/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.22 Doc ID: 27207 Item Summary: Recommendation to approve an Easement Use Agreement (Agreement) for Lots 3, 4, & 5, Block C, Goodland Isles First Addition, according to the plat thereof as recorded at Plat Book 8, Page 1 of the public records of Collier County. (EUA- PL20220005415) Meeting Date: 12/12/2023 Prepared by: Title: County Surveyor – Development Review Name: Marcus Berman 11/09/2023 11:13 AM Submitted by: Title: Environmental Specialist – Growth Management Community Development Department Name: Jaime Cook 11/09/2023 11:13 AM Approved By: Review: Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/13/2023 3:25 PM Development Review Brett Rosenblum Additional Reviewer Completed 11/14/2023 8:58 AM Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed 11/14/2023 2:55 PM Operations & Regulatory Management Michael Stark Additional Reviewer Completed 11/14/2023 5:31 PM Growth Management Community Development Department Diane Lynch Department Review Completed 11/14/2023 6:32 PM Road Maintenance Ellen Sheffey Additional Reviewer Completed 11/15/2023 9:49 AM Transportation Management Services Department Jeanne Marcella Transportation Management Services Department Completed 11/15/2023 10:08 AM Road Maintenance Marshal Miller Additional Reviewer Completed 11/16/2023 10:31 AM Growth Management Community Development Department Jaime Cook Division Director Completed 11/21/2023 8:18 PM Transportation Management Services Department Trinity Scott Transportation Completed 11/22/2023 9:11 AM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 11/22/2023 2:31 PM Growth Management Community Development Department James C French Additional Reviewer Completed 11/27/2023 5:07 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/28/2023 9:18 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/28/2023 9:39 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/30/2023 11:13 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/01/2023 10:24 AM 16.A.22 Packet Pg. 1088 12/12/2023 Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM 16.A.22 Packet Pg. 1089 EASEMENT USE AGREEMENT This EASEMENT USE AGREEMENT ("Agreement") is made as of this _day of 2023, by and between Double M Investments LLC ("Owner") and Collier County ("County"), hereinafter collectively referred to as the "Parties." RECITALS: WHEREAS, Double M lnvestments, LLC is the current fee owners of that certain parcels of real property known as Lots 3, 4, and 5 of Block C, Goodland lsles First Addition, according to the plat thereof as recorded in Plat Book 8, Pages 1 through 2 of the Public Records of Collier County, Florida, located at 655, 657 and 659 Palm Avenue, Goodland, Florida, 34140, more specifically shown on Exhibit "A" ("Subject Property"); and WHEREAS, as set forth in Plat Book 8, Pages 1 through 2, the County is record owner of certain non-exclusive Drainage Easement rights, a portion of which encumbers the Subject Property ("Easement Area 1"); and WHEREAS, the Owner conveyed to the County a perpetual non-exclusive Drainage Easement for existing stormwater infrastructure over a portion of Lots 4 and 5 of the Subject Property as recorded in Official Records Book 6112, Pages 3895 through 3898 ("Easement Area 2"); and WHEREAS, Easement Area 1 and Easement Area 2 are also collectively described as the "Easement Areas" and depicted on the site plan attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, Owner seeks to construct, repair, and/or maintain the existing improvements on the Subject Property ("Encroachments"), as specified below and as shown on Exhibit "A": Easement Area 1:o Two-story dwelling on Lot 3 that encroaches 0.3 feet into the DE;. Raised Wood Platform Deck on Lot 3 that encroaches into the DE;o Shed on Lot 4 that encroaches 4.8 feet into the DE;o Elevated Boat Winch on Lot 4 that encroaches into the DE; ando Miscellaneous improvements including fencing, driveway pavers, transformer pad, and concrete patios on Lots 3 and 4 that encroach into the DE. Easement Area 2:. Shed on Lot 4 that encroaches 3.1 feet into the DE;o Shed on Lot 5 that encroaches 5.3 feet into the DE;. Wood Tiki Structure on Lot 5 that encroaches 5 feet into the DE; and 122-EtS -047 47 I 1 823 1 00 I 1l Page 1 of 4 c>o 16.A.22.a Packet Pg. 1090 Attachment: Easement Use Agreement 110123 (27207 : EUA-PL20220005415 Goodland Isles First Addition Lot 3 Blk C) Miscellaneous improvements including fencing, concrete patios, electrical meter pole, and landscaping on Lots 4 and 5 that encroach into the DE; and WHEREAS, the County has no present objection to the continued use of the Encroachments within the Easement Areas, provided that the Owner agrees to the terms and conditions set forth below; and WHEREAS, 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 on fEN 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. The foregoing recitals are true and correct, incorporated herein by reference, and made a part of this Agreement. 2. The County hereby expressly consents to the Encroachments into the Easement Areas depicted on Exhibit "A". 3. Owner shall provide the County whatever access it requires to continue enjoying its drainage easement rights. 4. The County agrees that until otherwise notified, the Owner may continue the use of the Encroachments within the Easement Areas, to the extent shown on Exhibit "A". The County retains the right, however, in its sole discretion, to demand by written request that the Encroachments be removed from the Easement Areas, which the Owner will do at its sole cost and expense within a reasonable time from receipt of such request. 5. Owner agrees 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 Areas by the Owner, its respective contractors, agents, employees or invitees at any time while the Encroachments remain within the Easement Areas. Further, Owner for themself, successors and assigns agree 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 Areas 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 a 122-EtS -047 47 I 1 823 1 00 I 1)Page 2 oI 4 c>o 16.A.22.a Packet Pg. 1091 Attachment: Easement Use Agreement 110123 (27207 : EUA-PL20220005415 Goodland Isles First Addition Lot 3 Blk C) Easement Areas and/or the improvements and/or the infrastructure, which may now or in the future be located within the Easement Areas. 6. This Easement Use Agreement shall be recorded in the Public Records of Collier County, Florida, at Owners' sole cost and expense. This Agreement is intended to bind the Parties, together with their respective successors, assigns and heirs. 7. This Agreement shall be governed by the laws of the State of Florida lN WTNESS WHEREOF, the parties hereto have caused this Easement Use Agreement to be executed as of the day, month, and year as first above written. WITNESSES.OWNER Signature DOUBLE M INVESTMENTS LLC, A Florida Limited Liability Company -JoName sig nature By 0.4/" L, urilr^^lt- uv K. McGrath, as President and Managing Member 4/r.,o*l^A)r.t/ Print Name STATE OF FLORIDA COUNW OF COLLIER The foregoing Easement Use Agreement was acknowledged before me by means of physical presence this 2 3 aay or O.*Ln 2023, by Angela K. McGrath, as President and Managing Member of Double M lnvestments LLC, wno0(s personally known to me or E has produced identification { Notary Pub of Flo fr/r- np,(,^ / fir:il Printed Name of Notary Public [County Signature Page to Follow] AS r' LILENoNAol 266HH*NotarY (escoEx0i MY 3 122-EtS -047 47 t 1 8231 0O t 1 1 Page 3 of 4 c r'o 16.A.22.a Packet Pg. 1092 Attachment: Easement Use Agreement 110123 (27207 : EUA-PL20220005415 Goodland Isles First Addition Lot 3 Blk C) By: AS TO COUNTY ATTEST Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk Rick LoCastro, Chairman Approved as to form and legality: Derek D. Perry Assistant County 122-ElS -0 47 47 I 1 823 1 00 I 11 Page 4 of 4 c>o 16.A.22.a Packet Pg. 1093 Attachment: Easement Use Agreement 110123 (27207 : EUA-PL20220005415 Goodland Isles First Addition Lot 3 Blk C) EXHIBIT "A"3!).Jd[!ooJmoTLU)ozoz=oozv.uJtuzC)z[!JlazzLr.l(LFzU=oo=.Jcooo_ozood -lLo-lI6Ws <ss JffiIow=*zr,u"-0.oJE<oiod!6o(,uz Lrl .'<()ad*2 --otroouom:l A<o.J() ozO oOa,.FU9oE bkHi;ddtr I]Jx.l U) t oz:)o co LLo o_ riu tF ci odc q o ii 3 6 I dt I z ! d b q 9 ,9 c t] tr ] eo 4 o zI = Qc d2 =z d<d Xu Po'E 6-d, :I5 8; H=( oo u{T ZZ Z=N" 5a,jr X3qi =it6 Et:;: fr;5 a ;BE531EzH HAs:izoXHoi7$6dqiic-ubZ8EEgEgusperuz=z=EooU-FzU,.laal<tul(oLIUbtsZla,lo=lz)ldfrt#zl@rxlol.O,nJzY;-xgil NY.*.:? o d, Rcio(,r- sfr)<z @troau oo]>E= E:EY<zo EE=Fv zt=t-> ?,3uE :E I53H ;eEr;qe iq;=ssgIj$f;98* 6B=?frrz'i'=*3TP*H i;aE:"n2x:al+EIH++IF[B3BUBtilui ,aqai .,.i o;-i=cl o.42.lloduociao-959 599ciUotoaawuOaY{46",: N-?1u1 >;trurFLFuoso5OUJOrF-oi5u<nr2fi6G<F*bg206r:<F-rd T}{i *.= z c oB oIFzLlJuJx.FtrzUtozoatUItUIFE69;ox-zug<FAilio"&z4o-<:\<( ,o)42EF<3orooYotfiuO>Y ,ItrE=tUaaooOour.uoFOZ=33o:=tg52;ibE(.1zoioN6JzFNe.oIF)roUFouF-tUoUFoNlolNl-trlFI;lUI6l>lulFIdtrialNN@ao)d.uJ0-o-ozirito6U=6-d=6zub z2 35 _u OU lXa3:?l3'35 ozU zU zt2) 9;9 <!z oul:3=rHS;? EoF i o 5d UF &o ts 5 ou! i"t3!Hfi d? do F = JUNoN.:6c!iR,i ,jz(o:!t<o*ilrr^uJUdd6k5IazEi{6Jg=J-Nd9.n ;Zvs,zU6<I&NzI uJ)s8Oe!Uzts<Uuu'l EE^rdooYLdd!t+ooe6\4IJtul!ilIt ilI o-)to<(,ztrUUzozUIfazzUTLxoIoUdLUdort€OYzo<o+(o-Fo<<pdo,^ -di6eOF*.!aE5'Ei)>tr(*n\>do--OE9+b:;aolts3r jniUJoIgotrt L)d:91 89;El-rsEBrglBzqsE9dl6HiE3E=loOOSouZlrr rt rr rr rr rrdlaa^os-Ft!tJJtl-zLUJoaoN30'aotrtAU:i!loEoH?Jtt!Flttl@Etrg@s o \ OUFzr26q>uYf o= \ E I z- g; ez EE3e F o e Fz c )o do oz)o oz z -aZZ t-B >B og fzul J o- UJe =-o ro I I *ts,iv.9* I\ \ I \ \ \ =62€;; z FoJ t):/ooJco SCALE: ,IgEoBoa@(oFo-)ozUoz @-dtIJFBI ozzJOo- t/)UIfrito=Exttouuo<<dB3=[[il@@trUUdzzu??doIoulu{6*trEIlI F1-0?i>uEit"'d urO=ilUI {owooD TlKl WITH 1O'WOOD STRUCTURE POSTS (6 TOTAL]SCREENEO COVERED F)ao ( HOMEMOBILEl.STORY AVENUEPALM655 z oc ;o) F eozoo -G?l_ =-d>-,doooCONCRETEEIo I 6'D,E,6112, L CONCRETE CONCRETE LOT 4 ''-";,.gi'^yff ?i'-E,X,?' oz o9-<-gr< LL ,! tt-- >t i&?oa- 6.z!l ui ci oz F-O?x-iav:UOzo CONCRETE CONCRETE -o lCEl+l*rl-FAFIlzl )Et!oqk6"o CONCRETE A 3g,>: cd3ey>. adt-o) 2.STORY <TRUCTURE esipeltu eveuur F l 6o da 2? o ozt u N F- a F i! z U N L z U N L z !ui- L 6z i :tN z 3L N o@.h aNsF @a F sN z F :fN z (,zt u6 F I@ U) =i{ z U N inN z !u F* n)N @z F @ !D z F a, a IN !')@o @a F @j @ z i NI z C) >/ooJ co N FoJ s 3g# tr ItsozUJ q oq o oq oq o ri oq 6 ood oq IF zUJ o\Nq q q Nq c? oq oc $ o o do oUl) F 5 ; m F Uz-Uz J )N))I J @J NJ @)o)) aUl) oUtf @ U UJo F Uzf ulz = )NJ )))J ))o) d = F m -x r.u cAo ,"d>a(o: o9- z9a wooD r]5l 1 zsz -, 61 12. f; ]>Lq k_ do Ni i U NsN@ @z16.A.22.aPacket Pg. 1094Attachment: Easement Use Agreement 110123 (27207 : EUA-PL20220005415 Goodland Isles First 2800 North Horseshoe Drive Naples, Florida 34104 239-252-2400 3/16/2022 Page 1 of 4 APPLICATION FOR EASEMENT USE AGREEMENT APPLICANT CONTACT INFORMATION Name of Owner: ____________________________________________________________________ Name of Applicant if different than owner: ______________________________________________ Address: ______________________________ City: ___________ State: _______ ZIP: __________ Telephone: _________________________ Cell: ______________________ Fax: _______________ E-Mail Address: ____________________________________________________________________ Name of Agent: ____________________________________________________________________ Firm: _____________________________________________________________________________ Address: ______________________________ City: __________ State: _______ ZIP: ___________ Telephone: __________________________ Cell: ______________________ Fax: ______________ E-Mail Address: ____________________________________________________________________ PROPERTY INFORMATION Address of Subject Property: ________________________________ Parcel ID # ____________ Legal Description: ______________________________ Lot ______ Block ______ Tract ______ Section/Township/Range: _____/_____/_____ Current Zoning: _______________________ Note: 1) If applicant is a land trust, indicate the name of beneficiaries. 2) If applicant is a corporation other than a public corporation, indicate the name of the officers and major stockholders. 3) If applicant is a partnership, limited partnership or other business entity, indicate the name of the principals. 4) List all other owners. ELECTRONIC SUBMITTAL REQUIREMENT CHECKLIST This completed checklist is to be submitted with the application packet . Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW: ELECTRONIC DOCUMENT REQUIRED NOT REQUIRED Completed Application (download current form from the County website) 1 ☒ □ Addressing Checklist signed by Addressing Department 1 ☒ □ Complete application and all submittal documents in PDF format 1 ☒ □ Fee Simple Deed 1 ☒ □ Statement explaining the reason for the Easement Use Agreement 1 ☒ □ Property Ownership Disclosure Form (See Attached) 1 ☒ □ Double M Investments, LLC 7632 Rozzini Lane Naples FL 34114 Christopher O. Scott Peninsula Engineering 2600 Golden Gate Pkwy Double M Investments, LLC Naples FL 3-5 239-403-6727 CScott@pen-eng.com 655, 657 and 659 Palm Avenue Goodland Isles 1st Addition C 18 52 27 VR/GZO 46420440000 46420400008 46420360009 16.A.22.b Packet Pg. 1095 Attachment: Application for Easement Use Agreement (Received) (27207 : EUA-PL20220005415 Goodland Isles First Addition Lot 3 Blk C) 2800 North Horseshoe Drive Naples, Florida 34104 239-252-2400 3/16/2022 Page 2 of 4 ELECTRONIC SUBMITTAL REQUIREMENT CHECKLIST CON’T REQUIREMENTS FOR REVIEW: ELECTRONIC DOCUMENT REQUIRED NOT REQUIRED Boundary Survey, signed with raised seal, showing existing conditions and encroachment on 8 ½ in. X 11 in. paper and labeled (in bold: “Exhibit A”) 1 ☒ □ Copy of the recorded subdivision plat 1 ☒ □ Affidavit of Authorization, signed and sealed, if the applicant isn’t the owner 1 ☒ □ A copy of document that granted, conveyed or dedicated the easement to the County or public 1 ☒ □ Upon approval of application, signed with raised seal, two copies of Exhibit “A” will need to be submitted for Board approval and recording. 1 ☒ □ Letters of No Objection from each of the following, as applicable: Electric Company / Florida Power and Light Naples Service Center 1220 5th Ave North Naples, FL 34102 Phone: 239-262-1322 1 □ □ Century Link/Lumen ATTN: Kenneth Stinnett Email: Kenneth.stinnett@lumen.com ATTN: Sherlene Clevenger Email: Sherlene.clevenger@lumen.com 3530 Kraft Road, Naples, FL 34105 Phone: 239-920-5935 1 □ □ Collier County Sherriff’s Office / Legal Department ATTN: Michael Hedberg 3319 E Tamiami Trail, Naples, FL 34112 Phone: 239-252-0660 1 □ □ Greater Naples Fire and Life Safety ATTN: Shawn Hanson, Deputy Chief 2700 N Horseshoe Drive, Naples, FL 34104 Phone: 239-774-2800 1 □ □ North Collier Fire Control and Rescue District ATTN: Fire Prevention Bureau and Support Services 6495 Taylor Road, Naples, FL 34109 Phone: 239-597-9227 1 □ □ Comcast / Xfinity ATTN: Xavier Medina Email: Xavier_Medina@comcast.com 12600 Westlinks Drive, Ste 4 Fort Myers, FL 33913 Phone: Must email 1 □ □ Capital Projects Planning, Impact Fees & Program Management Division ATTN: Richard Miller, Project Manager, Principal (Licensed) 2685 South Horseshoe Drive, Suite 103 Naples, FL 34104 Email: Richard.Miller@colliercountyfl.gov 1 □ □ Homeowners Association 1 □ □ X X X X X X X X 16.A.22.b Packet Pg. 1096 Attachment: Application for Easement Use Agreement (Received) (27207 : EUA-PL20220005415 Goodland Isles First Addition Lot 3 Blk C) 2800 North Horseshoe Drive Naples, Florida 34104 239-252-2400 3/16/2022 Page 3 of 4 APPLICATION FOR EASEMENT USE AGREEMENT CON’T FEES ▪ Application Fee: $2,000.00 ▪ Recording Fee: You will be contacted of exact amount prior to BCC meeting. LINKS Online Payment Guide can be located: Here Completed application may be submitted online GMD Public Portal If unfamiliar to applying on portal or have questions, please look over our E-Permitting Guide ______________________________ ___________________ Applicant/Agent Signature Date August 31, 2023 16.A.22.b Packet Pg. 1097 Attachment: Application for Easement Use Agreement (Received) (27207 : EUA-PL20220005415 Goodland Isles First Addition Lot 3 Blk C) 3/16/2022 Page 4 of 4 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) _____________________________________________________ I, _________________________________ (print name), as _______________________________ (title, if applicable) of __________________________________________ (company, if applicable), swear or affirm under oath, that I am the (choose one) ____ owner ____ applicant ____ contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize ___________________________________________ to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company’s “Managing Member.” • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the “general partner” of the named partnership. • If the applicant is a trust, then they must include the trustee’s name and the words “as trustee.” • In each instance, first determine the applicant’s status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. __________________________________________ ____________________ Signature Date STATE OF _______________ COUNTY OF _____________ THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF □ PHYSICAL PRESENCE OR □ ONLINE NOTARIZATION THIS ____ DAY OF ____________, 20__________, BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME OR HAS PRODUCED __________________ AS IDENTIFICATION. Notary Public – State of _________________ (Notary Seal) ____________________________________ Printed Name 16.A.22.b Packet Pg. 1098 Attachment: Application for Easement Use Agreement (Received) (27207 : EUA-PL20220005415 Goodland Isles First Addition Lot 3 Blk C) 16.A.22.c Packet Pg. 1099 Attachment: Affidavit of Authorization Chris Scott (27207 : EUA-PL20220005415 Goodland Isles First Addition Lot 3 Blk C) PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a.If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b.If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c.If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership 16.A.22.d Packet Pg. 1100 Attachment: Property Ownership Disclosure (Received) (27207 : EUA-PL20220005415 Goodland Isles First Addition Lot 3 Blk C) d.If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership e.If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: ___________ f.If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g.Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: Double M Investments, LLC 100% Angela K. McGrath, President and Registered Agent Caryn M. McGrath, President 12/2016 16.A.22.d Packet Pg. 1101 Attachment: Property Ownership Disclosure (Received) (27207 : EUA-PL20220005415 Goodland Isles First Addition Lot 3 Blk C) Date of option: _________________________ Date option terminates: __________________, or Anticipated closing date: ________________ AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition’s final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Agent/Owner Name (please print) *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department | GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Christopher O. Scott 9/18/2023 16.A.22.d Packet Pg. 1102 Attachment: Property Ownership Disclosure (Received) (27207 : EUA-PL20220005415 Goodland Isles First Addition Lot 3 Blk C) 1 Chris Scott From:Daniel Roman <Daniel.Roman@colliercountyfl.gov> Sent:Monday, October 23, 2023 2:53 PM To:Chris Scott Cc:Richard Orth; Derek Perry; Diane Lynch; Beth Johnssen Subject:PL20220005415 Palm Avenue Goodland EUA - Letter of No Objection Attachments:Survey.pdf; OR Book 6112 PG 3895-3898.pdf Importance:High Chris, The Stormwater Management SecƟon has reviewed the documents explaining the exisƟng encroachments in the a plated 6-foot-wide drainage easement (DE) along the east property line of lot 3 block C, and the plated 6-foot-wide drainage easement (DE) along the west property line of lot 4 block C of the Goodland Isle Plat (plat book 8 page 1). Staff has also reviewed the encroachments into the recently recorded 12-foot DEs between lots 4 and 5 block C (6-foot-wide DE on each side of the lots) of the Goodland Isles Plat (plat book 8 page 1). The Stormwater Management SecƟon does not object to the encroachments into the plaƩed DE as there is no stormwater infrastructure within said easement and an equal DE replacement between lots 4 and 5 block C of the Goodland Isles Plat (plat book 8 page 1) has been recorded (OR 6112; PG 3895-3898); where stormwater drainage infrastructure currently exists. Staff recognizes that the recently recorded DEs between lots 4 and 5 block C have exisƟng encroachments that are tolerable for the performance of maintenance and other related acƟviƟes and do not object to these encroachments. However, an Easement Use Agreement (EUA) is needed as it will allow for the County to request removal of these at the owner’s expense. Please consider this e-mail as a LeƩer of No ObjecƟon (LONO) for the EUA ApplicaƟon no PL20220005415. Only the encroachments listed below are being allowed, the EUA will be rescinded, and all encroachments shall be removed, if addiƟonal encroachments are placed in the DE’s in the future: Encroachments within the plaƩed Drainage Easement (PB 8; PG 1-2): 1. Two-Story Structure (Tiny House) on Lot 3 encroaches 0.3’ into the 6’ DE 2. Six-foot Plastic Fence on Lot 3 adjacent to property line 3. Raised Wood Platform on Lot 3 with concrete underneath 4. 7.7’ x 7.7’ Shed on Lot 4 encroaches 4.8’ into the 6’ DE 5. Elevated Boat Winch on concrete pads on Lot 4 6. Concrete patio, driveway pavers, and transformer pad on Lots 3 and 4 Encroachments within the Drainage Easement (OR 6112; PG 3895-3898): 1. 12.2’ x 12.2’ Shed on Lot 4 encroaches 3.1’ into the 6’ DE 2. 4’ Wooden Fence on Lot 4 adjacent to property line 3. 4’ Plastic Fence on Lot 5 adjacent to property line 4. 8’.0’ x 10.7’ Shed on Lot 5 encroaches 5.3’ into the 6’ DE 5. 9.4’ x 26.2’ Wood Tiki Structure encroaches 5’ into the 6’ DE 6. Concrete patio, electrical pole and landscaping on Lots 4 and 5 Regards, Daniel J. Roman, PE PMP Project Management Supervisor Stormwater Management 16.A.22.e Packet Pg. 1103 Attachment: LONO Emailed Stormwater Planning (27207 : EUA-PL20220005415 Goodland Isles First Addition Lot 3 Blk C) 2 Transportation Management Services Department Capital Project Planning, Impact Fees & Program Management 2685 South Horseshoe Dr., Suite 103, Naples, Florida 34104 Office: 239-252-5181 Cell: 239-359-8445 Daniel.Roman@colliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. 16.A.22.e Packet Pg. 1104 Attachment: LONO Emailed Stormwater Planning (27207 : EUA-PL20220005415 Goodland Isles First Addition Lot 3 Blk C) 16.A.22.f Packet Pg. 1105 Attachment: Plat of Goodland Isles First Addition (27207 : EUA-PL20220005415 Goodland Isles First Addition Lot 3 Blk C) 16.A.22.f Packet Pg. 1106 Attachment: Plat of Goodland Isles First Addition (27207 : EUA-PL20220005415 Goodland Isles First Addition Lot 3 Blk C) 16.A.22.g Packet Pg. 1107 Attachment: Drainage Easement OR 6112 PG 3895 (27207 : EUA-PL20220005415 Goodland Isles First Addition Lot 3 Blk C) 16.A.22.g Packet Pg. 1108 Attachment: Drainage Easement OR 6112 PG 3895 (27207 : EUA-PL20220005415 Goodland Isles First Addition Lot 3 Blk C) 16.A.22.g Packet Pg. 1109 Attachment: Drainage Easement OR 6112 PG 3895 (27207 : EUA-PL20220005415 Goodland Isles First Addition Lot 3 Blk C) 16.A.22.g Packet Pg. 1110 Attachment: Drainage Easement OR 6112 PG 3895 (27207 : EUA-PL20220005415 Goodland Isles First Addition Lot 3 Blk C)