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Agenda 05/27/2008 Item #16A 7 Agenda Item No, 16A7 May 27, 2008 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve an Encroachment Agreement for Lot 77, The Lodgings of Wyndemere OBJECTIVE: To approve an Encroachment Agreement with the current property owner of Lot 77, The Lodgings of Wyndemere. CONSIDERATIONS: Engineering and Environmental Services Staff has completed the review of the Encroachment Agreement. The owner intends to replace an existing pool enclosure and existing metal lanai roof which encroaches 2.0 feet into a 15-foot Drainage Easement which is dedicated to Collier County with no responsibility for maintenance. The easement is dedicated to the Wyndemere Homeowner's Association with responsibility for maintenance. The Homeowner's Association is also a party to the agreement. There are no drainage facilities within the easement. A swale exists within the easement however the swale is not affected by the encroachment. Engineering and Environmental Services Department recommends approval of the Encroachment Agreement. /"'"-0. 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. JW 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 Engineer, Engineering and Environmental Services Department ~ Item Number: Item Summary: Meeting Date: Page I of 2 Ageilda Item No, 16/0,7 May 27, 2008 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A7 This Item reqUires that ex parte disclosure be provided by Commission Members Should a hearing be held on this item. all participants are required to be sworn in_ Recommendation to approve an Encroachment Agreement for Lot 77, The Lodgings of Wyndemere 5127/200890000 AM Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer Date Engineering Services 51912008 11 :11 :36 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 5112120084:25 PM Approved By Jeff Wright -, County Attorney Approved By Stan Chrzanowski Community Development & Environmental Services Assistant County Attorney Date County Attorney Office 51141200811 :46 AM Engineering Review r...'lanager Date Engineering Services 5/14/20084:26 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 5114120086:35 PM Approved By Wil1iam D. Lorenz, Jr., P.:::. Community Development & Environmental Services Environmental Services Director Dat& Envimnmental Services 5!15.12008 7:53 AM Approved By OMS Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 5/15/200810:04 AM Approved By ('\ Mark Isackson County Manager-'s Offi:-€.' Approved By Budget Analyst uat.e Offke of Mana!)8m8nt.~ Budget 5!15/2008 5:15 PM file:IIC:\AuendaT est\EXDort\ I 08-Mav%2027, %202008\ 16.%20CONSENT%20AGENDA \ I... 5/21/2008 Page 2 01'2 ,A,genda Item No. 16A7 May 27 2008 Pa~e 3 of 9 Leo E. O::;r.5, Jr. Deputy County Manager Date Board of County Commi~sioners County Manager's Office 5116120089:40 AM file:/Jr::IAgendaTestIExo0l11 I 08-Mav%2027 .%202008116. oj,,20CONSENT%20AGENDA 1 I... 5/21/2008 ~roCi) c{o_ =0 " CO L.. ,0> ;:= >'cf ~'" 2::;; '" "0 C co OJ c{ r l ;1, , III >~ It. g Ii ~!' !I I 0... $ <( . ~ . i ~!( z 0 . - I- <( 0 0 " i( ...J i . . w . , " . , j 'I' j~:t , . I !: 'p ~ ~ -'I' I z " "Ii, -p I w " . " . , s . ~ , I " OW^3Y'0\l -" , " nH~.','lln08 ~, I- I 5 ! 11 " i(. 50 '- ....z ~ t:j.. ~j, 00 "'- ;1 '"'Ii I 00 "'0 ..~ 9'- vls~,m' !( GV(lli'."-U",,,NI!.I, I II ~ i~ i ice U~) a~OH \lNll'r'd-H<Od~IV ~ l~ .1 . i , " ~!I I i I.. j i~ ; Q . !l __M -.- / --- - ~ 0... <( ~ W I- (j) w z o z o ;:: o W if> W '" W " W o Z >- " ,~.qenda :tem No. ''['S,b,? ~ May 27, 2008 Page 5 of 9 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT ("AGREEMENT') is made and entered into this M day of 111ft;, ,2008 by and between The Wyndemere Property Owner's Association, Inc. ("W ndemere"), DIanne Roof ("Roof') and the Collier County Board of County Commissioners ("County"), a political subdivision of the state of Florida, RECIT ALS: A. Pursuant to that certain plat of The Lodgings of Wyndemere Section One, recorded at Plat Book 13, Pages 8 through 12, of the Public Records of Collier County, Florida, (the "Plat"), the County is record owner of certain non-exclusive easement rights (collectively, the "Easements") within and upon that certain parcel of real property (Lot 77, The Lodgings of Wynd em ere Section One) 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 "Wyndemere", C. Dianne Roof ("Roof') is the record owner of the fee simple interest in and to that certain parcel of real property known as Lot 77, The Lodgings of Wyndemere Section One, which subject property is burdened by the Easements. D. Roof wishes to replace an existing screen pool enclosure and metal lanai roof so that they encroach 2.0 feet into the 15 foot easement area along the southerly boundary line of Lot 77, and as shown on Exhibit 'B', E. The easement contains a shallow swale which conveys a portion of lot storm- water runoff. The swale will continue to function as designed. There are no other improvements within the easement. 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: 1. Consent to Encroachment: The County hereby expressly consents to the encroachment of two feet (2,0) feet into the 15 foot easement Drainage Easement on the plat known as The Lodgings of Wyndemere Section One (Lot 77) according to the plat u') ------- i\O~0nda item t~o. 16/\7 ~ May 27,2008 Page 6 of 9 thereof as recorded at Plat Book 13, Pages 8 through 12, of the Public Records of Collier County, Florida, and located along the ~ boupdary line of the property. v" 2. Indemnification of County: Wyndemere and Roof 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 Wyndemere or Roof, it's contractors, agents, employees or invitees at any time while the encroachment remains within the Easement Area. Further, Wyndemere and Roof 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 prese" of: ~~t!i1 !/'_ ])()d Ie f6krf'r Print Name Wyndemere Property Owners Association, Inc. /117 U"'O J' 1~ tttCL~JAb ;!)~11k, Name,' Title: ~: ~:~ Print Name (2) ("\ :;;;iTI 1',l'J. '1 G.LJ 27. 2CiCi8 7 oT 9 Witnesses /hct~1 ~ ) U?lu /.{ Ik;, -I;J c: ~II?JIlf Print Name '-7 &~ /(2atW- .. b e",rCV\ I; ho../ e TIC- Print Name ~- ~ Dianne Roof / Owner ATTEST: COLLIER COUNTY BOARD OF COMMISSIONERS BY: By: TOM HENNING, CHAIRMAN Date: Approved as to form and legal sufficiency: BY BY: JeffE. Wright, Assistant County Attorney (3) ,~- (' I .1 'I " I '! t!i.' 1I1~ I, t.1a ~ L "'. 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