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Agenda 01/14/2020 Item #16A25 (Policy for Easement Use Agreements)01/14/2020 EXECUTIVE SUMMARY Recommendation to establish policy and a standard template for an Easement Use Agreement associated with minor encroachments in utility, drainage, or similar easements on behalf of the Board of County Commissioners. OBJECTIVE: To have the Board of County Commissioners (Board) establish the policy for obtaining a permit to construct or install a minor structure in a utility, drainage, or similar easement and to authorize the County Manager or his designee to execute the Easement Use Agreement on behalf of the Board. CONSIDERATIONS: The County does not currently have a policy or procedure in place for allowing minor structures in utility, drainage, or similar easements for residential properties with fee simple ownership. Minor structures include fences, air conditioning equipment/concrete pad, pool equipment/concrete pad, generators, sidewalks, and other minor structures as determined by Collier County Growth Management staff. Historically, minor structures have been approved and constructed as minor encroachments into easements on fee owner’s real property. Many of these encroachments already exist in older neighborhoods such as Golden Gate City. Staff anticipates using this process when the drainage structures are replaced and repaired. These types of improvements typically do not impair the prescribed function of the easement, nor hinder routine maintenance access to existing facilities. Staff is recommending a policy to the Board that would allow such minor structure encroachment s on a residential fee owner’s property where the following conditions have been met: o Determination whether a minor structure impacts the established use of the easement. o Written consent of all easement holders/beneficiaries specific to the proposed construction or installation is provided, including Letter(s) of No Objection signed by authorized agent(s). o Executed Easement Use Agreement. A condition of approval of the permit will require that the Easement Use Agreement is recorded in public records. Roof overhangs will be exempt from the requirement to provide an Easement Use Agreement; however, Letter(s) of No Objection will still be required. Walls and buildings or structures designed for occupancy, including screen enclosures, pools, spas, and other structures as determined by Collier County Growth Management staff, will not be permitted in any easement. This policy is intended only to address minor structures in easements on residential properties with fee simple ownership. Structures in easements for multi-family and commercial properties will be handled independently through the Site Development Plan permitting process. A process for where existing structures designed for occupancy are later discovered to encroach on a County easement is already in effect. That process also requires an Easement Use Agreement, but it is used solely for the after-the-fact discovery of a structure that encroaches on an easement, such as a screen enclosure or pool. Further, that process requires individual Board approval of the Easement Use Agreement. If staff is required to present Easement Use Agreements for minor structure encroachments to the Board for approval, it will delay commencement of the work and require additional staff time in preparing agenda items for each Agreement. Authorizing the County Manager or his designee to execute the standard agreements on behalf of the Board will save four to six weeks in the issuance of these permits. 16.A.25 Packet Pg. 1280 01/14/2020 DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) RECOMMENDATION: The Development Services Advisory Committee (DSAC) delegated the review of the policy and standard template to the DSAC subcommittee which reviewed and recommended approval. The subcommittee noted that consideration of mechanical screening walls to provide sound and heat attenuation should be considered but this item was not dependent on their recommendation of approval of the policy and standard template. FISCAL IMPACT: There is no fiscal impact to the County associated with this action. 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 RECOMMENDATION: To establish the policy and authorize the County Manager or his designee to execute Easement Use Agreements for minor encroachments in utility, drainage, or similar easements on behalf of the Board. Prepared By: Matthew McLean, Director, Development Review, and Amy Patterson, Director, Capital Project Planning, Impact Fees & Program Management ATTACHMENT(S) 1. Standard Form Easement Use Agreement (PDF) 2. Project Examples Pictures (PDF) 16.A.25 Packet Pg. 1281 01/14/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.25 Doc ID: 11142 Item Summary: Recommendation to establish policy and a standard template for an Easement Use Agreement associated with minor encroachments in utility, drainage, or similar easements on behalf of the Board of County Commissioners. Meeting Date: 01/14/2020 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 12/17/2019 11:39 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 12/17/2019 11:39 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 12/17/2019 1:14 PM Growth Management Department Matthew McLean Additional Reviewer Completed 12/17/2019 2:10 PM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 12/18/2019 1:33 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 12/18/2019 4:15 PM Growth Management Department Kenneth Kovensky Deputy Department Head Review Completed 12/18/2019 4:59 PM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 12/23/2019 8:25 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/23/2019 11:03 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/26/2019 3:41 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/27/2019 9:15 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/03/2020 9:34 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/14/2020 9:00 AM 16.A.25 Packet Pg. 1282 Owner: _______________________ Address: ______________________ ______________________________ Permit No.: ____________________ Page 1 of 2 EASEMENT USE AGREEMENT This EASEMENT USE AGREEMENT (“Agreement”) is made as of this ____ day of ________, 20____, by and between _________________ (“Owner”) and Collier County (“County”). WHEREAS, Owner is the current fee owner of that certain real property known as ______________________ according to the plat thereof as recorded in Plat Book ____, Page ____, of the Public Records of Collier County, Florida (hereinafter “Subject Property”); and WHEREAS, as set forth in Plat Book ____, Page ____, the County is record owner of certain non-exclusive ______________________ easement rights, as referenced in paragraph _____ of the Plat dedications, a portion of which encumbers the Subject Property (hereinafter “Easement Area”); and WHEREAS, Owner has or wishes to construct or install a ______________________ (the “Encroachment”) in a portion of the County’s easement located on Owner’s property; and WHEREAS, the County has no present objection to the use of the Encroachment within the Easement Area, provided that Owner agrees to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner hereby agrees as follows: 1. The above recitals are true and correct and are incorporated herein. 2. Owner shall provide to the County whatever access the County requires to continue its easement rights and further agrees to waive any claim of damage to the Encroachment arising out of the County’s maintenance activities within the Easement Area, whether such damage is intentional or unintentional. 3. The County agrees that until otherwise notified, Owner may continue the use of Encroachment within the Easement Area, however, the County retains the right, in its sole discretion, to demand by written request that the Encroachment be removed from the Easement Area, which Owner shall do at their sole cost and expense within a reasonable time from receipt of such request. 4. The Encroachment shall be as depicted on the building permit application number _________________________, filed with Collier County Growth Management Department, and no other construction shall be in effect in said Easement. 16.A.25.a Packet Pg. 1283 Attachment: Standard Form Easement Use Agreement (11142 : Establish Policy and Standard Template for an Easement Use Agreement for Page 2 of 2 5. Owner agrees for him/herself 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 the Owner , his/her respective contractors, agents, employees or invitees at any time while the Encroachment remains within the Easement Area. Further, Owner, for him/herself, 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 Encroachment during the normal operation, maintenance, repair and/or replacement, as applicable, of the Easement Area and/or the Encroachment and/or the infrastructure, which may now or in the future be located within the Easement Area. 6. This Agreement shall be recorded at the Owner’s expense in the Official Records of Collier County, Florida, and shall be a covenant running with the land and shall be binding upon the heirs, personal representatives, grantees, assigns and successors. IN WITNESS WHEREOF, the parties hereto have executed this Easement Use Agreement as of the date first above written. WITNESSES: OWNER: __________________________ ____________________________ (Signature) Printed Name: ________________ Print Name: ________________ __________________________ BOARD OF COUNTY COMMISSIONERS (Signature) OF COLLIER COUNTY, FLORIDA Print Name: ________________ By:_____________________________ ______________,__________________, as designee of the County Manager STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged before me, the undersigned authority, on this ____ day of _________, 20___, by _____________who ( ) is personally known to me or has ( ) produced _______________________________ as identification. Notary Public/State of Florida (SEAL) Name: My Commission expires: _________ 16.A.25.a Packet Pg. 1284 Attachment: Standard Form Easement Use Agreement (11142 : Establish Policy and Standard Template for an Easement Use Agreement for Example 1 16.A.25.b Packet Pg. 1285 Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement Use Agreement for minor 16.A.25.b Packet Pg. 1286 Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement Use Agreement for minor 16.A.25.bPacket Pg. 1287Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement 16.A.25.bPacket Pg. 1288Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement 16.A.25.bPacket Pg. 1289Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement 16.A.25.bPacket Pg. 1290Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement Example 2 16.A.25.b Packet Pg. 1291 Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement Use Agreement for minor 16.A.25.bPacket Pg. 1292Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement 16.A.25.bPacket Pg. 1293Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement 16.A.25.bPacket Pg. 1294Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement 16.A.25.bPacket Pg. 1295Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement 16.A.25.bPacket Pg. 1296Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement Example 3 16.A.25.b Packet Pg. 1297 Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement Use Agreement for minor 16.A.25.b Packet Pg. 1298 Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement Use Agreement for minor 16.A.25.b Packet Pg. 1299 Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement Use Agreement for minor 16.A.25.b Packet Pg. 1300 Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement Use Agreement for minor 16.A.25.b Packet Pg. 1301 Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement Use Agreement for minor 16.A.25.b Packet Pg. 1302 Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement Use Agreement for minor Example 4 16.A.25.b Packet Pg. 1303 Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement Use Agreement for minor 16.A.25.bPacket Pg. 1304Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement 16.A.25.bPacket Pg. 1305Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement 16.A.25.bPacket Pg. 1306Attachment: Project Examples Pictures (11142 : Establish Policy and Standard Template for an Easement