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Backup Documents 12/14/2010 Item #16A12ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's sisnature. draw a line through routine lines #1 through #4 emmnlete thr rho 1.1;& �r 4 f­­­4 ... c. r:L.,... n:..e ucN Route to Addressee(s) (List in routing order) __ .. _ _____ _ .. ., Office Initials Date 1. Judy Puig GMD Planning & Regulation/Operations (Initial) %10 2. i Agenda Item Number 3. 7-1 c � lie • A 4. by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Documents Attached 1 LI (3-1jo 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number _T Contact appropriate. (Initial) Applicable) Agenda Date Item was i Agenda Item Number Approved by the BCC 7-1 c � lie • A Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original Attached �� :_.�:Kr 1 ;�l ' Documents Attached V� INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) + 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the 1 document or the final negotiated contract date whichever is applicable ' 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aw a of your deadlines! 6. The document was approved by the BCC oQA114i 10 (enter date) and all changes made during the meeting have been incorporated to the attached document. The —County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16A 1� MEMORANDUM Date: December 17, 2010 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Encroachment Agreement with Bret Boyd Attached for your records is a copy of the document referenced above (Agenda Item #16Al2) adopted by the Board of County Commissioners on Tuesday, December 14, 2010. If you should have any questions, please feel free to contact me at 252 -8411. Thank you. Attachment (1) INSTR 4508410 OR 4635 PG 1234 RECORDED 12/21/2010 3:19 PM PAGES 6 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $52.50 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT ( "AGREEMENT ") is made and enteredU A 12 this Wµ day of G , 2010 by and between The Grey Property Oaks Pro ert Owners Association, Bret J. Boyd (Owner) and the Collier County Board of County - Commissioners ( "County "), a political subdivision of the state of Florida, RECITALS: A. Pursuant to that certain plat of Grey Oaks Unit Nineteen, recorded at Plat Book 35, Pages 47 & 48 of the Public Records of Collier County, Florida, (the "Plat "), the County and Grey Oaks Property Owners Association are record owners of certain 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 on Exhibit `A' attached hereto and incorporated herein by this reference (the "Easement Area ")' B. The Easement Area is managed and maintained by the Grey Oaks Property 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 of the southerly boundary line of Lot 17, and as shown on Exhibit `B'. E. The easement is intended for maintenance of the lake, however, most lake maintenance is done from the lake and not from the adjacent land. Grey Oaks Property Owners Association is responsible for maintenance within the easement area. F. 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 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: 16A 12 1. Consent to Encroachment: The County hereby expressly consents to the encroachment of nine (9) feet into the 20 foot Lake Maintenance Easement on the plat 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 of Collier County, Florida. 2. Indemnification of County: Bret J. Boyd and Grey Oaks Property Owners Association agree 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 Area by Collier County, it's contractors, agents, employees or invitees at any time while the encroachment remains within the Easement Area. Further, Bret J. Boyd and Grey Oaks Property Owners Association for themselves, successors and assigns agrees 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 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, of the Easement Area and /or the improvements and /or the infrastructure which may now or in the future be located within the Easement Area. 3. Binding Effect: This Agreement shall be binding upon the parties 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 to be executed as of the day, month and year as firth above written. Signed, Sealed and Delivered In the presence of: WU (,41 Print Name �n1�I CA Print Name Bret J. Boyd, Ow r (2) W' esses c'nscm Print laft� lz.��w SI Print Name Grey Oaks Property O -7f'4'6)rnAs l/' 16A I� >00ciation nls p VA TTEsit. ` rs �C COLLIER CO , rf&F OM ISSIONERS BY: l FRED COYLE, CHAIRMAN , f Approve'sfo form and legal sufficiency: -.L= 7.L,--)QL- BY: Steven Williams, r �� Assistant County Attorney ' \+1il`�° (3) I I II i I II I I II I I II I I II I I II I I II I I II I I II I I II II I�p�I� II I0£I� II 4w�I `� I I II fl� I II I r�l� Ii I I , `0 I I I In II I I II II I I II I I I / I i aaam .aa= b :tesatea- _auaeaaxeaeassass a CR „'.�4v= 8ii8�i50�!4C4 -3R4i §SiY4k5R � v r}ef�t:`- � pp Rk =R° kk °YakSk k � 5�E§ 8# �l �vtlC�'vyii'�`�4y�ii�R,�I�kR4?Gy f:e�.;a ApE2 1ER R-RRk z�' kg .k 9 4MzAii8-,4iC4!E C 44�l R: gRkCii g �yh u 35 \ t Ri f* , ex.r raw MIN 16A 12 b c� v�Oa 0o �2 "�; GiD �y �oAn `� m o , o ►►� z i'' y x �o yo� o Zmm� �~ tm �ZOm m ou' °? a naknak 3R askkkkkA9 Bi4a�B$ -igkg4 #II's1S':sa1 RR8888888 �8as888888 RRR�BgRR 1?4RRRR MOURN Mp kaRjei4dMYQ "RkS�Y = #` gaaak4$; W�59a"v Xka�F�ap�k�:kaa m RRk:�t =ggR �kFRkR: 'F`= R?7ap- 4= 6ii §M= $- �!'viSRR�'eC4'aii$i t;A$$ �C`v4§Y�!RRRR w 94$ C34 $#aSGe` 4!$$= §iR0a5Y9atR t -41 "Rq k�l HP IM i3 R� Pad H a to NOR R to � �� a moo L Ou QUO 0 m Z z O U) m 9 0 z 'GARDENBLEU El LANDSCAPEARCHITECTURAF x BOYD RESIDENCE CANNA WAY GREY OAKS, NAPLES, FLORIDA 16A 19 I A 16Al2 April 14, 2010 Bret and Ursula Boyd 2940 Bellflower Lane Naples, Florida 34105 Reference: Isle Royale Lot 17 Dear Mr. and Mrs. Boyd: During the April 14, 2010 Design Review Board meeting, the Board reviewed and approved the revised landscape plans dated 04 -08 -2010. The Board has the following comments: • The Board approved a variance for the outdoor kitchen and the pool equipment and condenser unit wall to encroach in to the south/east side setback 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 minimum 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 the 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 Connie Dickinson - Chairperson Thomas W. Sansbury Jerry Stropes Cc: DRB Members DRB File — IR 17