Agenda 03/14/2017 Item #16A1403/14/2017
EXECUTIVE SUMMARY
Recommendation to approve an Easement Use Agreement (Agreement) between Collier County,
Wyndemere Homeowner’s Association, and the owner of Lot 12, Golf Cottages at Wyndemere, as
recorded in Plat Book 13, Pages 119 through 121.
_____________________________________________________________________________________
OBJECTIVE: To have the Board of County Commissioners (Board) approve an Easement Use
Agreement.
CONSIDERATIONS: In 1985 a building permit was issued for this property. A home & swimming
pool were constructed. Recently a mortgage survey was performed and it was determined that the pool
deck encroached 7.3 feet into a 10 foot drainage easement. In 1985 a “spot survey” was not required so
the encroachment was not discovered. In 2004, a spa was added and it encroaches 10’ into the 10’
Drainage Easement. The current property owner wishes to have the Board approve an Easement Use
Agreement to allow the structures to remain, both of which were installed by a previous property owner.
The Wyndemere Homeowners Association consents to the encroachments. As is typical with platted
drainage easements, the easement is dedicated on the plat to Collier County with no responsibility for
maintenance, and to the applicable Homeowner’s Association with the responsibility for maintenance.
The Homeowners Association is responsible for maintenance of the drainage easement which is the
subject of the encroachment. The owner agrees and abides that any improvements within the easement
will be removed by the owner at the owner’s expense if necessary.
FISCAL IMPACT: There is no fiscal impact associated with this action. The property owner shall be
responsible for recording of the approved agreement.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - SAS
RECOMMENDATIONS: To endorse staff’s recommendation to approve an Easement Use Agreement
between Collier County, Wyndemere Homeowner’s Association, and the owner of Lot 12, Golf Cottages
at Wyndemere, and authorizes the Chairman to execute the agreement on behalf of the Board.
Prepared by: John Houldsworth, Senior Site Plans Reviewer, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Easement Use Agreement (PDF)
3. Request from Owner (PDF)
16.A.14
Packet Pg. 463
03/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14
Doc ID: 2686
Item Summary: Recommendation to approve an Easement Use Agreement (Agreement) between
Collier County, Wyndemere Homeowners Owner’s Association, and the owner of Lot 12, Golf Cottages
at Wyndemere, as recorded in Plat Book 13, Pages 119 through 121.
Meeting Date: 03/14/2017
Prepared by:
Title: Site Plans Reviewer, Senior – Growth Management Development Review
Name: John Houldsworth
02/02/2017 1:51 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
02/02/2017 1:51 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 02/02/2017 4:40 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/08/2017 3:46 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 02/10/2017 8:53 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 02/13/2017 5:42 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 02/14/2017 3:16 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 02/21/2017 4:14 PM
Growth Management Department James French Additional Reviewer Completed 02/22/2017 4:12 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/22/2017 8:12 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/27/2017 2:03 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/28/2017 4:42 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/05/2017 10:03 AM
Board of County Commissioners MaryJo Brock Meeting Pending 03/14/2017 9:00 AM
16.A.14
Packet Pg. 464
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16.A.14.a
Packet Pg. 465 Attachment: Location Map (2686 : Easement Use Agreement Golf Cottages Lot 12)
16.A.14.b
Packet Pg. 466 Attachment: Easement Use Agreement (2686 : Easement Use Agreement Golf Cottages Lot 12)
16.A.14.b
Packet Pg. 467 Attachment: Easement Use Agreement (2686 : Easement Use Agreement Golf Cottages Lot 12)
16.A.14.b
Packet Pg. 468 Attachment: Easement Use Agreement (2686 : Easement Use Agreement Golf Cottages Lot 12)
16.A.14.b
Packet Pg. 469 Attachment: Easement Use Agreement (2686 : Easement Use Agreement Golf Cottages Lot 12)
16.A.14.b
Packet Pg. 470 Attachment: Easement Use Agreement (2686 : Easement Use Agreement Golf Cottages Lot 12)
16.A.14.b
Packet Pg. 471 Attachment: Easement Use Agreement (2686 : Easement Use Agreement Golf Cottages Lot 12)
16.A.14.b
Packet Pg. 472 Attachment: Easement Use Agreement (2686 : Easement Use Agreement Golf Cottages Lot 12)
Bonnie Boher Jones
z4 Golf Cottoge Driue
Noples, FL. 34tos
January 5,2017
Collier County Govemment
2800 North Horseshoe Drive
Naples, FL. 34104
Re: 24 Golf Cottage Drive, Naples, FL. 34105 - Golf Cottages at Wyndemere
Dear Sir or Madam:
I recently purchased this property. Upon having the mortgage survey done, we discovered that there
-.r" .o.i existing side yard encroachments into a platted drainage easement. It appears that my
best option is to request that the County and I enter into an Easement Use Agreement which would
allow ihe encroachments to remain. The Wyndemere Property Owner's Association maintains the
easement area, and they have no objection to the encroachments. Thank you for considering this
request.
Very truly yours,
Boeala BaQat loaog
16.A.14.c
Packet Pg. 473 Attachment: Request from Owner (2686 : Easement Use Agreement Golf Cottages Lot 12)