Agenda 07/09/2019 Item #16A10 (Easement Use Agreement World Tennis Center)07/09/2019
EXECUTIVE SUMMARY
Recommendation to approve an Easement Use Agreement (Agreement) for Lot 8, Block A,
Corinthian Gardens at World Tennis Center, according to the plat thereof as recorded at Plat Book
18, Page 58 of the public records of Collier County.
_____________________________________________________________________________________
OBJECTIVE: To approve an Easement Use Agreement between the County and the current property
owners of Lot 8, Block A, Corinthian Gardens at World Tennis Center, in order to allow a screened pool
and deck to encroach approximately 14.8 feet into a 15-foot wide maintenance easement, more
specifically shown on Exhibit “A”.
CONSIDERATIONS: The property is located at 4760 Oberon Court. There is an existing screened pool
and deck on the subject property that encroaches 14.8 feet into a 15-foot wide maintenance easement
located along the rear boundary of the property. The 15-foot wide maintenance easement use is for the
sole purpose of maintaining the lake. The current owners claim that they purchased the property in 2015
with this encroachment already in place. According to the plat of Corinthian Gardens at World Tennis
Center (Plat Book 18, Page 58-62), the subject easement is dedicated to the World Tennis Center
Community Association, with responsibility for maintenance and to Collier County with no responsibility
for maintenance. However, the World Tennis Center Community Association has released the
Maintenance Easement and recorded the release of easement into the public records of Collier County,
Florida on January 29, 2019. The Owners now manage and maintain the subject easement area and will
continue to do so. The County’s Stormwater Program has indicated that they have no objection to the
encroachment.
Development Review and the Collier County Stormwater Program 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. SAA
RECOMMENDATIONS: To approve the Easement Use Agreement between the County and current
property owners of Lot 8, Block A, Corinthian Gardens at World Tennis Center, and authorize the
Chairman to execute the Agreement and directs the Clerk to record the Easement Use Agreement into th e
public records of Collier County, Florida.
Prepared by: Marcus L. Berman, County Land Surveyor, Development Review Division
ATTACHMENT(S)
1. Easement Use Agreement - 060419(1) (PDF)
2. Release of Easement from WTC Community Association (PDF)
3. LONO from Capital Project Planning, Impact Fees & Program Management Division (PDF)
4. Plat Sht 1 of 5 (PDF)
5. Plat Sht 3 of 5 (PDF)
16.A.10
Packet Pg. 409
07/09/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doc ID: 9196
Item Summary: Recommendation to approve an Easement Use Agreement (Agreement) for Lot
8, Block A, Corinthian Gardens at World Tennis Center, according to the plat thereof as recorded at Plat
Book 18, Page 58 of the public records of Collier County.
Meeting Date: 07/09/2019
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
06/04/2019 2:38 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
06/04/2019 2:38 PM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 06/04/2019 3:46 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 06/04/2019 4:06 PM
Growth Management Development Review John Houldsworth Additional Reviewer Completed 06/05/2019 5:55 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 06/05/2019 10:42 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 06/07/2019 5:02 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 06/10/2019 3:24 PM
Growth Management Department James C French Deputy Department Head Review Skipped 06/12/2019 5:52 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 06/13/2019 12:22 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 06/18/2019 3:17 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/18/2019 4:47 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/19/2019 8:17 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/20/2019 7:45 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/25/2019 1:52 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/09/2019 9:00 AM
16.A.10
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Packet Pg. 411 Attachment: Easement Use Agreement - 060419(1) (9196 : EUA-4760 Oberon Ct World Tennis Center)
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Packet Pg. 412 Attachment: Easement Use Agreement - 060419(1) (9196 : EUA-4760 Oberon Ct World Tennis Center)
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Packet Pg. 413 Attachment: Easement Use Agreement - 060419(1) (9196 : EUA-4760 Oberon Ct World Tennis Center)
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Packet Pg. 414 Attachment: Easement Use Agreement - 060419(1) (9196 : EUA-4760 Oberon Ct World Tennis Center)
16.A.10.aPacket Pg. 415Attachment: Easement Use Agreement - 060419(1) (9196 : EUA-4760 Oberon Ct World Tennis Center)
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Packet Pg. 416 Attachment: Release of Easement from WTC Community Association (9196 : EUA-4760 Oberon Ct World Tennis Center)
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Packet Pg. 417 Attachment: Release of Easement from WTC Community Association (9196 : EUA-4760 Oberon Ct World Tennis Center)
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Packet Pg. 418 Attachment: Release of Easement from WTC Community Association (9196 : EUA-4760 Oberon Ct World Tennis Center)
From: SantabarbaraGino
Sent: Friday, May 31, 2019 10:32 AM
To: BermanMarcus
Cc: PattersonAmy; McLeanMatthew; OrthRichard; KurtzGerald
Subject: RE: Easement Use Agreement for Lot 8 Block A Corinthian Gardens at World
Tennis Center
Good morning Marcus,
We have no objections to the purposed Use Agreement.
If you should have any questions or need any additional information please feel free to contact me,
thank you.
Gino Santabarbara
Principal Planner
Capital Project Planning, Impact Fees & Program Management Division
NOTE: Email Address Has Changed
2685 South Horseshoe Drive, Suite 103, Naples Florida 34104
Phone: 239.252.2925
From: BermanMarcus
Sent: Thursday, May 30, 2019 10:17 AM
To: SantabarbaraGino <Gino.Santabarbara@colliercountyfl.gov>
Cc: PattersonAmy <Amy.Patterson@colliercountyfl.gov>; McLeanMatthew
<Matthew.McLean@colliercountyfl.gov>; OrthRichard <Richard.Orth@colliercountyfl.gov>; KurtzGerald
<Gerald.Kurtz@colliercountyfl.gov>
Subject: RE: Easement Use Agreement for Lot 8 Block A Corinthian Gardens at World Tennis Center
Gino,
Please below email and attachments.
Any questions, please contact me.
Thank you
Respectfully,
Marcus L. Berman, P.S.M.
County Land Surveyor
Lat 26°09’49” N - Long 81°46’18” W
16.A.10.c
Packet Pg. 419 Attachment: LONO from Capital Project Planning, Impact Fees & Program Management Division (9196 : EUA-4760 Oberon Ct World Tennis
Development Review Division
Exceeding Expectations, Every Day!
2800 N. Horseshoe Drive, Naples FL 34104
Marcus.Berman@CollierCountyFL.gov
Phone: 239.252.6885
How are we doing? Please CLICK HERE to fill out a Customer Survey.
We appreciate your Feedback!
** Upcoming out of office
July 4 thru 12
July 24 thru 26
From: BermanMarcus
Sent: Thursday, May 30, 2019 9:58 AM
To: OrthRichard <Richard.Orth@colliercountyfl.gov>; KurtzGerald <Gerald.Kurtz@colliercountyfl.gov>
Cc: 'AmyPatterson@colliergov.net' <AmyPatterson@colliergov.net>; McLeanMatthew
<Matthew.McLean@colliercountyfl.gov>
Subject: Easement Use Agreement for Lot 8 Block A Corinthian Gardens at World Tennis Center
Richard,
An easement use agreement is currently under review at the CAO for the above subject
property (pool/screen encroachment). I will need an approval from your dept for this
agreement to go forward.
Thank you
Respectfully,
Marcus L. Berman, P.S.M.
County Land Surveyor
Lat 26°09’49” N - Long 81°46’18” W
Development Review Division
Exceeding Expectations, Every Day!
2800 N. Horseshoe Drive, Naples FL 34104
Marcus.Berman@CollierCountyFL.gov
Phone: 239.252.6885
How are we doing? Please CLICK HERE to fill out a Customer Survey.
We appreciate your Feedback!
16.A.10.c
Packet Pg. 420 Attachment: LONO from Capital Project Planning, Impact Fees & Program Management Division (9196 : EUA-4760 Oberon Ct World Tennis
** Upcoming out of office
July 4 thru 12
July 24 thru 26
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released
in response to a public records request, do not send electronic mail to this entity. Instead, contact this
office by telephone or in writing.
16.A.10.c
Packet Pg. 421 Attachment: LONO from Capital Project Planning, Impact Fees & Program Management Division (9196 : EUA-4760 Oberon Ct World Tennis
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Packet Pg. 422 Attachment: Plat Sht 1 of 5 (9196 : EUA-4760 Oberon Ct World Tennis Center)
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Packet Pg. 423 Attachment: Plat Sht 3 of 5 (9196 : EUA-4760 Oberon Ct World Tennis Center)