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Agenda 08/12/2025 Item #16A 1 (Easement Use Agreement (Agreement) for Lot 18, Block 14, Wilshire Lakes Phase Two)8/12/2025 Item # 16.A.1 ID# 2025-2021 Executive Summary Recommendation to approve an Easement Use Agreement (Agreement) for Lot 18, Block 14, Wilshire Lakes Phase Two, according to the plat thereof as recorded in Plat Book 27, Page 24 of the public records of Collier County. OBJECTIVE: To approve an Easement Use Agreement between the County and the current property owners of Lot 18, Block 14, Wilshire Lakes Phase Two in order to allow a screened pool and deck to encroach approximately 1.95 feet into a 20-foot-wide Drainage and Lake Maintenance Easement, more specifically shown on Exhibit “A”. CONSIDERATIONS: The property is located at 9937 Clear Lake Circle. There is an existing screened pool and deck on the subject property that encroaches 1.95 feet into a 20-foot-wide Drainage and Lake Maintenance Easement located along the rear boundary of the property. The 20-foot-wide Drainage and Lake Maintenance Easement use is for the sole purpose of maintaining the lake. The current owners purchased the property remotely in 2020 from New Jersey. The property had been vacant and neglected for many years by the previous owners, and unfortunately, it had suffered significant wear and damage, particularly due to hurricanes. The pool had fallen into disrepair, and the lanai cage was badly bent. In an effort to restore the home and make it livable, the owners hired a local company, Quality Pools, to help rebuild. They renovated the pool, replaced the pavers, and installed a new lanai cage. The owner was unaware that the new structure extended approximately two feet into the easement area; it came to their attention recently when they listed their home for sale, went under contract, and the buyers conducted a survey and code lien search, which also revealed the original permit had never been properly closed. The contract fell through due to the encroachment and the need for approval of an easement use agreement. A second buyer is under contract to buy the property; however, the sale is contingent on receiving easement approval. The owner has already obtained support from their HOA. As shown in the provided documents, the encroachment is minor and backs up to a wide preserve area, with no impact on neighboring properties or utilities. According to the plat of Wilshire Lakes Phase Two (Plat Book 27, Page 24), the subject easement is dedicated to the Wilshire Lakes Master Association, Inc., with responsibility for maintenance, and to Collier County with no responsibility for maintenance. Development Review and the Collier County Road Bridge & Stormwater Department has reviewed the Agreement and Exhibits and recommends approval of the Easement Use Agreement. This item is consistent with the Collier County Strategic plan objective to operate an efficient and customer-focused permitting process. 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. -JAK RECOMMENDATIONS: Approve the Easement Use Agreement between the County and current property owners of Lot 18, Block 14, Wilshire Lakes Phase Two, 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 - 9937 Clear Lake Cir EUA 2. Application Page 120 of 3949 8/12/2025 Item # 16.A.1 ID# 2025-2021 3. LONO Master Association 4. LONO Road Bridge & Stormwater Dept 5. Affidavit of Authorization - Ernst to Sheree Goldenbaum 6. Affidavit of Authorization- Trachtenberg to Daym Sanchez 7. Property Ownership Form 8. Plat of Wilshire Lake Phase Two Page 121 of 3949 14 May Page 122 of 3949 Page 123 of 3949 681 17th St SW, Naples, FL 34117 681 17th St SW, Naples, FL 34117 Page 124 of 3949 Page 125 of 3949 Page 126 of 3949 Page 127 of 3949 Page 128 of 3949 William Raveis Real EstateSheree Lee Goldenbaum, P.A. FL 34103800 Seagate Dr.Naples 239-248-8466 Sheree.goldenbaum@raveis.com Daym Sanchez, Quality Pool Care Page 129 of 3949 Page 130 of 3949 Page 131 of 3949 Page 132 of 3949 Page 133 of 3949 Page 134 of 3949 Page 135 of 3949 PL82660020820 OwnerLisa Trachtenberg XXX Daym Sanchez, Quality Pool Care Page 136 of 3949 Page 137 of 3949 Page 138 of 3949 Page 139 of 3949 Page 140 of 3949 Page 141 of 3949 Page 142 of 3949 Page 143 of 3949