Agenda 01/08/2019 Item #16A2101/08/2019
EXECUTIVE SUMMARY
Recommendation to approve an Easement Use Agreement (Agreement) for Lot 12, Westlake Unit
No. 1, according to the plat thereof as recorded at Plat Book 10, Page 87 of the public records of
Collier County.
OBJECTIVE: To approve an Easement Use Agreement between the County and the current property
owners of Lot 12, Westlake Unit No. 1 in order to allow a screened pool and deck to encroach
approximately 1.7 feet into a 20-foot wide drainage and public utility easement.
CONSIDERATIONS: The property is located at 1184 Lake Shore Place. There is an existing pool deck
on the subject property that encroaches 1.7 feet into a 20-foot wide drainage and public utility easement
located along the rear boundary of the property. The current owners claim that they purchased the
property with this encroachment already in place. According to the plat of Westlake Unit No. 1 (Plat
Book 10, Page 87), the subject easements are dedicated to the perpetual use of the public. Public Utility
Easements are typically used by private electrical, cable and phone utility companies (among others). As
such, the applicant has also provided letters of no objection to the encroachment from the applicable ‘dry
utility providers’ in the area (FPL, Comcast and CenturyLink). There are no County utility facilities
within the easement, and Public Utilities Department has indicated they have no objection to the
encroachment. There is a County drainage pipe within the easement, but the County’s use and
maintenance of the pipe will not be adversely impacted by the encroachment. Development Review has
reviewed the Agreement and Exhibits and recommends 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. SAS
RECOMMENDATION: To approve the Easement Use Agreement between the County and current
property owners of Lot 12 of Westlake Unit No. 1 and authorize the Chairman to execute the Agreement;
and to direct the Clerk to record the Easement Use Agreement.
Prepared by: Marcus L. Berman, County Land Surveyor, Development Review Division
ATTACHMENT(S)
1. Easement Use Agreement - 110818 (PDF)
2. LONO from Centurylink (PDF)
3. LONO from Comcast (PDF)
4. LONO from FPL (PDF)
16.A.21
Packet Pg. 915
01/08/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.21
Doc ID: 7334
Item Summary: Recommendation to approve an Easement Use Agreement (Agreement) for Lot
12, Westlake Unit No. 1, according to the plat thereof as recorded at Plat Book 10, Page 87 of the public
records of Collier County.
Meeting Date: 01/08/2019
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
11/14/2018 8:17 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
11/14/2018 8:17 AM
Approved By:
Review:
Growth Management Development Review John Houldsworth Additional Reviewer Completed 11/14/2018 8:29 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 11/14/2018 2:04 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 11/14/2018 4:32 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 12/10/2018 10:46 AM
Road Maintenance Travis Gossard Additional Reviewer Completed 12/10/2018 12:12 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 12/10/2018 3:26 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 12/10/2018 3:53 PM
Growth Management Department James C French Deputy Department Head Review Skipped 12/11/2018 9:48 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/17/2018 4:18 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/18/2018 8:34 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/18/2018 10:07 AM
County Attorney's Office Emily Pepin CAO Preview Completed 12/20/2018 8:23 AM
Office of Management and Budget Allison Kearns Additional Reviewer Completed 12/20/2018 9:49 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/27/2018 9:51 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/08/2019 9:00 AM
16.A.21
Packet Pg. 916
16.A.21.a
Packet Pg. 917 Attachment: Easement Use Agreement - 110818 (7334 : EUA-Westlake Lot 12 Blk C)
16.A.21.a
Packet Pg. 918 Attachment: Easement Use Agreement - 110818 (7334 : EUA-Westlake Lot 12 Blk C)
16.A.21.a
Packet Pg. 919 Attachment: Easement Use Agreement - 110818 (7334 : EUA-Westlake Lot 12 Blk C)
16.A.21.aPacket Pg. 920Attachment: Easement Use Agreement - 110818 (7334 : EUA-Westlake Lot 12 Blk C)
16.A.21.a
Packet Pg. 921 Attachment: Easement Use Agreement - 110818 (7334 : EUA-Westlake Lot 12 Blk C)
16.A.21.a
Packet Pg. 922 Attachment: Easement Use Agreement - 110818 (7334 : EUA-Westlake Lot 12 Blk C)
16.A.21.a
Packet Pg. 923 Attachment: Easement Use Agreement - 110818 (7334 : EUA-Westlake Lot 12 Blk C)
16.A.21.bPacket Pg. 924Attachment: LONO from Centurylink (7334 : EUA-Westlake Lot 12 Blk C)
16.A.21.bPacket Pg. 925Attachment: LONO from Centurylink (7334 : EUA-Westlake Lot 12 Blk C)
16.A.21.c
Packet Pg. 926 Attachment: LONO from Comcast (7334 : EUA-Westlake Lot 12 Blk C)
16.A.21.dPacket Pg. 927Attachment: LONO from FPL (7334 : EUA-Westlake Lot 12 Blk C)