Agenda 01/14/2025 Item #16A13 (Easement Agreement located at 1249 Diamond Lake Circle)1/14/2025
Item # 16.A.13
ID# 2024-2250
Executive Summary
Recommendation to approve an Easement Use Agreement to allow a screened lanai to encroach 1.7 feet into a County
Lake Maintenance, Drainage, and Access Easement located at 1249 Diamond Lake Circle.
OBJECTIVE: To approve an Easement Use Agreement (EUA) between the County and the current property owners of
1249 Diamond Lake Circle, also described as Lot 21, Block 6, Silver Lakes Phase Two-E, in order to allow a screened
Lanai to encroach approximately 1.7 feet into an 8-foot-wide Lake Maintenance, Drainage, and Access Easement, more
specifically shown on Exhibit “A.”
CONSIDERATIONS: The property is located at 1249 Diamond Lake Circle. There is an existing screened lanai on the
subject property that encroaches 1.7 feet into an 8-foot-wide Lake Maintenance, Drainage, and Access Easement located
along the rear boundary of the property. The 8-foot-wide Lake Maintenance, Drainage, and Access Easement use is for
the sole purpose of maintaining the lake. The current owners purchased the property in 1999 and added the screened
lanai in 2009. They are currently attempting to close out outstanding permits and found that the lanai is encroaching into
the Lake Maintenance, Drainage, and Access Easement. According to the plat of Lot 21, Block 6, Silver Lakes Phase
Two-E (Plat Book 31, Pages 45-47), the subject easement is dedicated to the Silver Lakes Property Owners Association,
with responsibility for maintenance, and to Collier County with no responsibility for maintenance.
Development Review and the Collier County Road, Bridge, and Stormwater Maintenance Division have reviewed the
Agreement 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: 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: To approve an Easement Use Agreement to allow a screened lanai to encroach 1.7 feet into
a County Lake Maintenance, Drainage, and Access Easement located at 1249 Diamond Lake Circle 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
ATTACHMENTS:
1. EUA Easement Use Agreement 120524
2. Property Ownership Disclosure Form
3. Application
4. LONO Road Maintenance
5. LONO Silver Lakes POA
6. Plat of Silver Lakes Phase Two-E
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PROPERTY OWTIERSHIP DISCLOSURE FORM
This is a required form with all land use petitions,except for Appeals and Zoning Verifi€ation
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 additlonal sheets if necessary.a. If the property is owned fee simpre by an rNDrvrDUAL. tenancy by the entirety, tenancy in
common, or ioint tenancy, list all parties with an ownership interest as well as the
percentage of such interest:
Name and Address J6 of Ownership
b. lf the propeny is owned by a coRpoRATloN, list the officers and stockholders and the
percentage of stock owned by each;
Name and Address % of Ownership
lf the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percenta e of interest:
Name and Address
A Weeks Trust Courr Satem SC 29676-4019N
% of Ownership
Peggy L Weeks Trust 9 Nanows Court Salem SC 29676-40j9 50%
or/2021 Page 1 oi 3
Growth M.nagem€nt Cornmunlty Dlveloprrlelrt Department
28IX) ilo.th Ho.s.5hoe Orlv€, Naplcs, Florid. 34104
Phoner (239) 252-1036 | Emall: GMDolentseryices@colllercounMl.tov
www.colllercountl/fl.gov
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N/A
N/A
NiA
Growth Management Community Oevelopm€nt Departrnent
2800 North HoEeshoe Orive, Naplei, Floride :t4104
Phoner (239) 252-1036 | Emall: GMDoientservic€s@colllercountyfl.tov
www.colllercountyfl,gov
d. lf the property is in the name of a GENERAL or L|MITEO PARTNERSHIP, list rhe name of the
generaland/or limited rtn e rs:
e lf there is a CONTRACT FOR PURCHASE, with an lndividual or individuals, a Corporation,
Trustee, or a Partnership, Iist the names of the contract purchasers below, including the
officers, stockholde beneficiaries, or artners:
Date of Contract:
f. lf any contingency clause or contract terms involve additional parties, list all individuals or
officers if a co oration artnershi or trust;
Name and Address
g. Date subject property acquired
! Leased: Term of lease years /months
lf, Petitioner has option to buy, indicate the following:
Name and Address % of Ownership
Name and Address % of Ownership
Paae 2 of 3otl2o2!
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hunty
Gromh Manatem€nt Cqmmunity Development Departmrnt
28rO No.th Ho6eshor orlv!, Naples, Florlda 34104
Phone: (2391 252.1036 | Emall: GMocllcnrsewicer@colllercountllfl.gov
www.collirftountyfl.tov
Date option terminates: . or
AFTI*M PRCPERTY OWNERSHIP INFORMATION
Any petition required to have Property Ownership Disclosure, wlll not be a..epted without this form.
Requiretnents forpetition types are localed onthe assoclated application form. Anych.nge in owrershlp whether
indivldually or with a Trustee, ComFany or other lnterest-holdint party, must be diiclor€d to Collter county
immediately lfiu.h .han8c occuE prlor to the petition'5 tln6l publi< hearlnB.
As the outhorized ogenthpplicont fot this petition, I ottest thot oll of the inlomdtion indtcated on this checklist is
included ih this submittql pqcksge. I understond thot foilure to include oll hecessoty tubmlftat infomqtion moy
rcsult in the deloy of prccessing this petltlon.
+The completed application, all required submittal materials, and fees shall be submltted to:
Growth Management Community Development Department I GMD portal:
https://cvportal.colllerountyfl.gov/cttyvlewweb
questions? Emall: GMDclientservices@colliercountyf l. gov
Aea, I tJ..*,#lolw stg "t*"
Roger A Weeks
6t'U2024
Date
6t1t2024Peggy L Weeks
Owner Name Print
0712023 Pate 3 of 3
Date of option: -.--
Antlcipated closint date: _
Owner Signature
Ag.nvowner Name (please print)
Date
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Growrh Ma6ag6menl
Comhunily 9cvcktPnont O€P.rtm.t
2800 North Hors€shoe Drive
Naples, Florlda 34104
239-252-2100
APPLICATION FOR EASEMENT USE AGREEMENT
APPLICANT CONTACT INFORMATION
Name of Owner- Roger A Weeks TR and Peggy L Weeks TR
Name of Applicant if different than owner:
Address: 1249 Diamond Lake Circle City:Naples Stato: Florida ZlPt 34114
Fax:Telep hone: 864-710-0795 Cell:864-7'1G0795
E-Mail Addross:rpweeks39@gmail.com
Name of Agent:
Flrm:
Address:City:_State:_ZP:
Telephono:
PROPERTY INFORMATION
Addre6s of Subject Property :.1249 Diamond Lake Cir Naoles FL 34114 parcel lD# 73625030880
Legal Oescription:Lot 21 Block 6 Tfzct s*rr=.-rrres cnos. ,*oeSection/To\rynship/Range: 10 /51 rl 16 Current Zoning:
Note:SILVER LAKES PHASE Two.E BLocK 6 LoT 21
l) lf applicant is a land trust, indlcate the name of beneficiaries.2l lf aFplicant is a corporation other than a public corporation, lndlcate the name of the
off cers and major stockholders.3) lf appli.lant is a partnership, limited partnership or other business entity, indicate the
name of lhe principals.
4) List all olher owners.
ELECTRONIC SUBMITTAL REQUIREMENT CHECKLIST
This completed checkllst ls to be submitted with the application packel. lncomplete submittals will not b6
accepted.
Fe€ Simple Deed 1
REQUIREMENTS FOR REVIEW:ELECTRONIC
DOCUMENT REQUIRED NOT
REQUIRED
Completed Application (download cunent form from the County
website)
,|E
Addressing Checklist signed by Addressing Department 1 E n
1 tr
a !
Stalement explaining the reason for the Easemenl Use Agreement
I
1 tr
Property Ownership Disclosure Form (See Attach€d)1 E tr
Page 1 ol 4
c.RF.. C,o.,,t,L,.v--4-\.+_---._
Cell:
--
Fax: _
E-Mail Address:
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Complete application and all submittal documents in PDF format B
tr
6t26t2023
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G6wth M.nlg.ncnr
Gomhudty Osveloporcd Ocplnm€nt
2800 North Horseshoe Drlve
Naples, Florida 34104
239-252-2100
E LE CTRO N I c S U B M ITT A L RE QU I R E M E NT c H E c K LI s T c ON T
Boundary Survey, signed with raised sea , showing existing
><
conditions and encroachmenl on 8y2in. X 11 in. pa per and labeled
in bold: "Exhibit A"
Na FL 34104 Email:Mille Iiercoun
Upon approval of application, signed with raised seal, two copies of
Exhibit 'A" will nesd to be submitted for Board approval and
ATTN: Richard l\,!iller, Project Manager, Principal (Licensed)
2685 South Horseshoe Drive, Suite 103
1 tr
recordin
Centurv LinULumen
ATTN:KennethStinneft Email:Kenneth.stinnett@lumen.com
ATTN:ShedeneClevenger Email;Sherlene.cl€venoar@lumen.com
3530 Krafl Road, Naples, FL 34105 Phone: 239-920-5935
Greater Naples Fire and Life Safetv
ATTN: Shawn Hanson, Deputy Chief
2700 N Horseshoe Drive les FL 34104 Phon6: 23$774-2800
CaDital Proiects Plannino. lmDact Fees &Proqram Manaqement
Oivision
1
u
REQUIREMENTS FOR REVIEW:ELECTRONIC
DOCUMENT REQUIRED NOT
REOUIRED
a
Copy of ths recorded subdivision plat 1 tr
and sealed, if the applicant isn t theAffidavit of Authorization , srgn
owner 1
A copy of documont that granted, conveyed or dedicated the
easement to the County or public E tr
Leters of No Obiection from oach of the follorying, as applicable:
Center
1220 5b Ave North
l,l?ples, FL 34'102 Phone: 239-262-1322
ht Naples ServiceElsctric Comoa nv / Florida Power and Lio
1 tr
Collier Countv Sherriffs Office / Leqal DeDartment
, Naples, FL34112 Phone: 239-252-06603319 E Tamiami Trail
ATTN: Michael Hedberg 1
tr
North Collier Fire Control and Rescue Oistrict
ATTN: Fire Prevention El-rreau andSupport Services
6495 T lor Road FL 34109 Phone: 239-597 -9227
1
Comcast / Xfinitv
ATTN: Xavier [{edrna Email: Xavier Medina@comcast.com
'12600 Wesllinks Drve, Ste 4 Fo( Myers, FL 339'13 Phona: Must email
I
1 n
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19 tr
1
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1 tr
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Homeowners Association 1 tr tr
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CoT,,r,.t;l
Gro*rh Manae.ft€nt
Cdrhu^ity Odolopdent D.p..tn.or
2800 Norfh Horseshoe Drive
Naples, Florida 34104
239-252-2100
AP PLICATION FOR EASEMENT USE AGREEMENT CON'T
FEES
. Application Fee: 52,000.00. Recordlng Fee: You will bs contacted of exact amount prior lo BCC meeting.
LINKS
Onllne Paymenl Guide can be located: lleIg
Completed appllcauon may be submitted online Ellqzubuq&IEl
lf unfamiliar to applying on portal or hav6 que3tions, please look over our E-permittino Guide
nUAgent Sig
I 1,,/..*t
Applicant2/Owner2
Date
June 12,2024
Date
6126i2023 Page 3 of 4
June 12.2024
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6-5-2024
Lett€r of Exptanatioa
To whomever this concerns:
The reason for this tetter is to expliBin to whomever it concerns that we are attempting to cl.ose alt
outstanding permits retated to our lot at 1249 Diamond Lake circle Naptes FL 341 14. ln order to
accomptish this feat, we have had to have a new survey (Encl.osed as wett as submitted into your
system), pay $1oo0.00, fite for an EUA, fite for a LoNo through the county as wstt as a LoNo from
Sil.v€r Lakes R/V and Gotf Reson and now submitthe apptication atongwith I g200O.OO check.
Hopefuttythis satisties e\ieryone concerned with closing this permit.
Roger A Weeks a nd Peggy L Weeks
1249 Diamond Lake Circte Naples FL 34114
PtD- 73625030880
R-f- 4 (/)-4 P.p I l,r/..*t
June 5, 2024 June 5.2024
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1001 Sifuer Lakes Blvd
Naples, FL 34114
Phone: (2391 417-3446
Fax: (239) 775-4765
Chris Bouchard
Premiere Ptus Reatty
Chris
This correspondence shoutd serve as acknowtedgement that Sitver Lakes POA
has been notified of a south rear yard s€tback encroachm€nt at
1249 Diamond Lakes CircLe.
It is our understanding this issue occurred at the devetopment/construction
stage ot thas property years ago and was onl.y recentty dascovered.
Ptease be aclvised Sitver Lakes POA has NO obiections to the improvement
within the easement.
On Behat, of :
Sitver Lakes POA
Tim Hayes
GcneraI Manager
Sitver Lakos POA
Nay 21,2024
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