Agenda 12/14/2010 Item #16A12
Agenda Item No. 16A12
December 14. 2010
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to approve an Encroachment Agreement for Lot 17, Grey Oaks Unit
Nineteen
OBJECTIVE:
To approve an Encroachment Agreement with the current property owner of Lot 17, Grey Oaks
Unit Nineteen and the Grey Oaks Property Owners Association.
CONSIDERATIONS:
Land Development Services Staff has completed the review of the Encroachment Agreement.
The owner intends to install a swimming pool and deck which will encroach 2.0 feet into a 20
foot Lake Maintenance Easement. The associated grading and buffering will extend
approximately another 7.0 feet, for a total impact of 9.0 feet. The subject easement is dedicated
to Collier County with no responsibility for maintenance. The easement is dedicated to the Grey
Oaks Homeowner's Association with responsibility for maintenance. The Homeowner's
Association is also a party to the agreement and has stated that there remains sufficient area to
maintain the lake. There are no drainage facilities within the easement.
Land Development Services Department recommends approval of the Encroachment
Agreement.
,--
FISCAL IMPACT:
There is no fiscal impact. The property owner will be responsible for any recording fees.
GROWTH MANAGEMENT IMPACT:
There is no growth management impact.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Encroachment Agreement for
legal sufficiency. This item is ready for Board consideration and approval. STW
RECOMMENDATIONS:
1. That the Board of County Commissioners approve the Encroachment Agreement.
2. Direct the Clerk to record the Encroachment Agreement.
PREPARED BY: John Houldsworth, Senior Site Plans Reviewer, Growth Management Division,
Planning and Regulation
....-
Attachments 1) Location Map 2) Agreement
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A12
December 14.2010
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A12
Recommendation to approve an Encroachment Agreement for Lot 17. Grey Oaks Unit
Nineteen.
12/14/2010900:00 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Site Plans Reviewer, Senior
Date
Engineering & Environmental Services
11/18/20106:19:28 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
Date
11/18/2010 9:05AM
Approved By
Nick Casalanguida
Transportation Division
Director - Transportation Planning
Date
Transportation Planning
11/18/20101:06 PM
Approved By
Steven Williams
County Attorney
Assistant County Attorney
Date
County Attorney
11/18/20102:12 PM
Approved By
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Director - CDES Engineering Services
Date
Engineering & Environmental Services
11/19/20102:02 PM
Approved By
Norm E. Feder, AICP
Transportation Division
Administrator - Transportation
Date
Transportation Administration
11/22/2010 11:14AM
Approved By
OMS Coordinator
County Manager's Office
Date
Office of Management & Budget
11/23/20101:10 PM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
12/1/20109:25 AM
Therese Stanley
Office of Management &:
Manager - Operations Support - Trans
Date
.. ,'~._.---_._----
Agenda Item No. 16A12
December 14, 2010
Page 3 of 10
Budget
Office of Management & Budget
12/2120102:37 PM
Approved By
Michael Sheffield
Assistant to the County Manager
Date
Counl:y Managers Office
1213/20102:15 PM
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Agenda ltemNo:16J1>12~..' '.,.':;;
December 14;'2010" "
. Page 5 of 10 "
ENCROACHMENT AGRItEMENT
THIS ENCROACHMENT AGREEMENT ("AGREEMENT") is made and entered htto
this _ day of , 2010 by and between The Grey Oaks Property Owners
Association, Bret J. Boyd (Owner) and the Collier County Board of County
Commissioners ("County"), a political subdivision of the state ofFlonda,
r
RECITALS:
A. Pursuant to that certain plat of Grey Oaks Unit Nineteen, recorded at Plat aook
35, Pages 47 & 48 of the Public Records ofeollier County, Florida, (the "Plat"),
the County and Grey Oaks Property Owners Association are rec()rdown~of, .,. .
celtain non-exclusive easement rights (collectively, the "Easements") within and
upon that certain parcel of real property (Lot 17) located in Collier County,
Florida, as more particularly described 01) Exhibit 'A' attached hereto and
incorporated herein by this reference (the "Easement Area")'
B. The Easement Area is managed and maintained by the Gtey Oaks PtQperty
Owners Association.
C. Bret J. Boyd is the record owner of the fee simple interest in and to that certain
parcel of real property known as Lot 17, which subject property is burdened by the
Easements.
D. Bret J. Boyd wishes to renovate their home and pool area such that the pool deck
and associated buffering encroaches 9 feet into the 20 foot easement area along a
portion ofthe southerly bOLlndary line of Lot 17, and as shown on Exhibit 'B'.
E. 111e easement is intended for maintenance of tile lake, however, most lake
maintenance is done from the lake and not from the adjll-cent land. Grey Oaks
Property Owners Association is responsible foriUaintenanoe withitlthe easeiU.etlt"
area.
F. The parties to this Agreement have reached certain wlderstandings 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 of TEN
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:
Agenda Item"No: 16Af~"',"
December 14, 2010 .,' , "
Page 6 of 10
I. Consent to Encroachment: The County hereby expressly COnsents to the
encroachment of nine, (9) feet into the 20 foot Lake Maintenance Easel11ent on .the -"tat
known as Grey Oaks Unit Nineteen (Lot 17 ) according to the plat thereof as recorded at
Plat Book 35, Page 47 and 48, of the Public Records ofColHer County, Florida.
2. Indemnitication of County: Bret J. Boyd and Grey Oaks Property Owners AssociatiQl1,
agree for themselves and successors llnd assigns that they shall release, indemnit;y1uul
hold the, County harinless for mid against any lIUd all Obliglltions,cl!ums, lilibiHties,
expenses and/or fees (including reasonable attomey's fees and court COSlS) inclUding
personal injury or property damage arising out of the use of the ~asement Area by Cqllier
County, It's contractors, agents, employees or invitees at any time while the
encroachme1\t remains within the Easement Area. FUrther, Bret 1. Boyd and Grey Qaks
Property Owners Association for themselves, successors mld assigns agreeS to
lUld ,holclthe County harmless from and ag!lins! !\l1)1al1<1 aUob!igatiol1s. claims.
expenses and/or fees (including reasonable attorney's fees and court costS)
personal injury or property damage arising out of the use of the Easement Area 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, ofthe
Easement Area and/or the improvements and/or the infrastructure which may now or in
the future be located within the Easement Area.
3. ~inding Effect: This Agreement shall be binding upon th,e pwties hereto, their
respective heirs, succeSSors and assigns forever.
4, Governing Law: This Agreement shall be governed by the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Encroachment Agreement
tQ beexccute<las ofthe day, month and year as firth above written. .
. Signed, Sealed an<l Delivered
In thet),rllSJ'l1ce qf;
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Print Name
~.'~o1'=a, ~
BretJ. Boyd, r
(2)
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Agenda Item N~ 16)\.1Z'; .
December 14,2010
Page 7 of 10
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Print Name
Grey Oaks Property Own
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A rrtisT:
COLLIER COUNTY BOARD OF COMlvIISSIONIlM"
BY:
By:
FRED COYLE, CHAIRMAN
Date:
Approved as to fonn and legal sufliciency:
BY: Steven Williams, -;f"l
Assistant Cou,nty Attorney \\\\1\\0
(3)
Agenda Item No. 16A12
December 14. 2010
Page 8 of 10
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GIlEY OAKS. NAPLES. FLORIOA
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Agenda Item No. 16A12
December 14. 2010' .
Page 10 of 10
April 14,2010
Bret and Ursula Boyd
2940 Bellflower Lane
Naples, Florida 34105
~efereJlce: Isle Royale Lut 17
Dear Mr. and Mrs. Boyd:
During the April 14,2010 Design Review Board meeting, the Board reviewed and
approved the revil!ed landscape plBl1$ dated 04-08-2010, The Board has the following
comments:
· The Board approved a variance for the outdour kitcben and the pool equipment
and condenser unit wall to encroach in to the south/east side sethack by 2.5' .
. The Board approved a variance for the brick path and retaining wall to encroach
in to the rear setback and lake maintenance easement with the understanding that
a minimwn of 8'6" clearance will be left as an access way for lake maintenance
should it be required.
· The Board approved a variance for the retaining wall, the pool pad, the brick
path and tbe sport court to encroach on to the side setback on the south/west side
of the property.
If you have any questions please call.
GREY OAKS DESIGN REVIEW BOARD
CtJlli:Iie Dickinson - Chairperson
Thomas W. Sansbury
Jerry Stropes
Cc: ORB Members
ORB File-IR 17