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Agenda 05/12/2009 Item #16A 1 Agenda I tem No. 16A 1 May 12, 2009 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners (Board) approve an Easement Use Agreement for the existing drainage easement at 158 San Rafael Lane OBJECTIVE: To approve the attached Easement Use Agreement (hereinafter called Agreement) for an existing pool, deck, and screen enclosure encroachment into a drainage easement and allow the owner to continue to use the drainage easement under the terms of the Agreement. Upon approval, the owner shall record the Agreement in the Official Records of Collier County. CONSIDERATIONS: The owner of the property located at 158 San Rafael Lane desires to make repairs to the existing sereen enclosure over the pool and deck. In the course of applying for the proper building permit to make thesc repairs, it was discovered that there is an encroachment into the existing drainage casement on the property. The desired building permit cannot be issued until the easement cncroaehment is resolved. When the original pool and screen enclosure huilding permits wcrc obtain cd in 1994, there was no information provided to show the existence of the drainage easement. The drainage eascment contains a 12" diametcr storm drain as part of the development's stormwater managcment system. The storm drainage pipe appears to have continued to function since the pool, deck and screen enclosure were constructed in 1994. The encroachment extends beyond the pipe location. so a partial vacation of the drainage easement is not practical to resolve the encroachment. The County Attorncy has recommended the use of an Agreement to resolve the existing encroachment. Thc San Rafael Homeowners Association, Inc. has review and approved the Agrcement. A third, and undesirable option, is to require the owner to remove the encroaching portions of the pool, deck and screen enclosure. Staff does not recommend the removal option if the Agreement, with the conditions [or approval, is deemed acceptable to the Board. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERA nONS: RECOMMENDA nON: That the Board approve the attached Easement Use Agreement and direct the County Manager or his designee to have the owner of 158 San Rafael Lane record the document in the Official Records to run with title of the land. PREPARED BY: Robert C. Wiley, P.E., Principal Project Manager Engineering and Environmental Scrvices Dcpartment Item Number: Item Summary: Meeting Date: Page I of 1 Agenda Item No. 16A 1 May 12, 2009 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A1 Recommendation that the Board of County Commissioners (Board) approve an Easement Use Agreement for the existing drainage easement at 158 San Rafael Lane 5/12/200990000 A.M Prepared By Robert C. Wiley, P .E. Community Development & Environmental Services Prinicipal Project Manager Date CDES Engineering Services 4/17i2009 4:29:20 PM Approved By Jeff Klatzkow County Attorney County Attorney County Attorney Office Date 4/201200910:28 AM Approved By William D. Lorenz, Jr., P.E. Community Development & Environmental Services Environmental Services Director Date Approved By Environmental Services 4121/2009 3:01 PM Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 4/21/20093:14 PM Appro\-'ed By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 4128/20098;10 PM Apprond By OMS Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 4/29/20099:41 AM Approved By Mark Isackson County ManagE;r's Office Budget Analyst Office of Management & Budget Date 5/4/200910:14 AM Appro\"Cd 8)' Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5i4/2009 11 :23 AM file://C:IAgendaTestIExportl I 29-May%20 12,%202009116.%20CONSENT%20AGENDA 116... 5/6/2009 Agenda Item No. 16A 1 May 12, 2009 Page 3 of 6 EASEMENT USE AGREEMENT This Easement Use Agreement (The "Agreement") is made as of this _ day of , 2009, by and between SANDRA ZUIDEMA (hereinafter "Ms. Zuidema''), the SAN RAFAEL HOMEOWNERS ASSOCIATION, INC. (hereinafter "San Rafael HOA") and COLLIER COUNTY (hereinafter "County"). WHEREAS, Ms. Zuidema is the current fee owner of that certain real property known as San Rafael, Lot 8, as recorded in the Official Records Book 2870 Page 3192, and according to the Plat thereof as recorded in Plat Book 20, Pages 53 and 54, of the Public Records of Collier County, Florida (hereinafter the "Subject Property"); and WHEREAS, as set forth in Plat Book 20, Page 54, there is a I 0.95 foot Drainage Easement held by the San Rafael Homeowners Association, Inc. (with responsibility for maintenance) and Collier County (without responsibility for maintenance) which burdens the westernmost I 0,95 feet of the of the southwestern portion of the Subject Property (hereinafter the "Easement''); and WHEREAS, in April 1994, application was made for, and the County approved, pennits to construct a pool, deck and screen enclosure on the Subject property including within the Easement, and the pennit applications made no reference to the existence of the Easement; and WHEREAS the Easement contains a twelve (12) inch diameter storm drainage pipe necessary to convey stormwater runoff from the rear of the lot to the storm drain along San Rafael Lane, and this drain has continued to function since 1994 with the existing pool, deck and screen enclosure encroachment in the Easement; and WHEREAS, Ms. Zuidema wishes to renovate the existing screen enclosure which requires resolution of the Easement encroachment before a County building permit can be approved; and WHEREAS, the location of existing buildings, pool, deck, screen enclosure and storm drainage pipe preclude the use of a partial easement vacation to eliminate the encroachment, thus leaving the development of an Easement Use Agreement as the preferred option to resolve the encroachment; and WHEREAS, the San Rafael HOA and the County have no objections to the existing encroachment of a pool, deck and screen enclosure within the Easement, provided that Ms. Zuidema agrees to the terms and conditions set forth below, by which terms and conditions Ms. Zuidema (or successor) agrees to abide. This Agreement does not vacate or abrogate the San Rafael HOA's or the County's interest in the easement area, NOW, TIffiREFORE, in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein. Page 1 of3 Agenda Item No. 16A 1 May 12. 2009 Page 4 of 6 ,,-_.. 2. Ms. Zuidema (or successor) will give the San Rafael HOA and County whatever access the San Rafael HOA and County (in the event it is necessary) require to maintain the existing drainage equipment. 3. Ms. Zuidema (or successor) agrees to waive any claim of damage to the Subject Property, and to the pool and screen enclosure situated thereon, arising out of the San Rafael HOA's or County's (in the event it is necessary) maintenance of the drainage equipment, whether such damage is intentional or unintentional. 4. Both the San Rafael HOA and the County (in the event it is necessary) will exercise diligent effort to provide maintenance and eventual replacement to the storm drainage pipe in a manner to avoid impacts to the pool and screen enclosure, but in the event it is necessary to excavate the pipe, Ms. Zuidema (or successor) agrees to bear the cost of the applicable portions of the pool and screen enclosure removal and reconstruction. 5. The San Rafael HOA and County agree that until otherwise notified, Ms. Zuidema (or successor) may continue to encumber the Easement with a pool, deck and screen enclosure that do not exceed the existing encroaching footprint. The County retains the right, however, in its sole discretion, to demand by written request that any structures be removed from the Easement, which Ms. Zuidema (or successor) will do at the owner's sole cost and expense within a reasonable time from receipt of such reqnest. 6. This Easement Use Agreement shall be recorded in the Public Records of Collier County, Florida, to run with title of the property to ensure that future owners and County staff are aware of the conditions under which this Agreement was written to allow use of the Easement, at Ms. Zuidema's sole cost and expense. This Agreement is intended to bind the parties, together with their respective successors, assigns and heirs. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: DONNA FIALA, CHAIRMAN By: WITNESSES: SAN RAFAEL HOMEOWNERS ASSOCIATION, INC. By(JJ12 l-l (Print Name) /'. 5';}~'L [ Page 2 of3 Agenda Item No. 16A 1 May 12, 2009 Page 5 of6 STATE OF FLORIDA COUNTY OF COLLIER ~ fJlU-fV'd KR.;n51t,'j c.-f\i'l The foregoin~ Easement)Jse Agreement was I}nOWledgedkfore me, the undersigned authority, on this ~ day of UpuL ,2009, b .~, ,dF& 'lu.,'d::orn..President of the San Ra@.el Homeo~ers AssociatIOn, Inc., who ( ) is personally known to me or ( 0'produced YL. ();IWS l/c. asidentifiCatio~ ~ . Gi ~~~ Notary Public/State of Florida ;j3-- . Elqir8sAp~120,2012 Name: AlaMBr flf\V\e5ch . -...,.,.................. My Commission .,xpires: ^pvc I 20{ WIZ WITNESSES: g",_ 1-1-. CR,. A (j cjv{tness (Signature) Print Name: -:101;", .;f. &~.y fDw.....p ~JDdOJ~ Witne~s (Sigtjature)' Print Name: AI1o/ f jl.n;;pplf.'!/- ~~~dl~OJ Sandra Zuidema STATE OF FLORIDA COUNTY OF COLLIER The foregoint Easement Use Agreement was acknowledged before me, the undersigned authority, on this ~ day of Q.p.fll. ,2009, by Sandra Zuidema, who ( ) is personally known to me or ( '-1 produced 'f I 1:\ (II.U LIC as identification. Q!CluUJA ~~. Notary Public/State of Florida Name: Ala(Vl~,- F,nr\e.90lr. My Commission expires: Afv1\ W,"WI <. Gi Al.AMAR FINNEGAN Comniuk., DO 151Z12 Explree AprIl 20, 2012 . 1kindld1MlTllljlrMa-..IIINI5-7llt1 Page 3 of3 l ~ ":/" .>-~ ........ I--- z: .....-Ol -:i\..lJ.... t ~~ t.O ::> i7\ oj '" " <: a... vi ~W""""'t:) __." .- .___ _\l--.,,----- i~ __ ~,,\~~\1. CONCRETE S ~\1. DRIvE so. ...\1.~\.. \..~ ? ," , ., , , , , , \ 0' '. C\.€.~\1. . , , , , '18'30''\: , . I STORY C.El.S, STRUC1TJRE P,P. ELEV, ~ 14.5 LOT B co!'.!O~))AD ~., :.V." 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