Agenda 07/14/2020 Item #16A38 (Drainage Maintenence Use Agmt. - Golden Gate Canal)07/14/2020
EXECUTIVE SUMMARY
Recommendation to establish a policy and a standard template for an Easement Use Agreement
associated to existing minor encroachments in the Collier County Drainage Easement for the
Golden Gate Main Canal between Airport Road and the Golden Gate Main Canal Control
Structure #1, maintained by the South Florida Water Management District, on behalf of the
Board of County Commissioners.
OBJECTIVE: To have the Board of County Commissioners (Board) establish a policy to authorize
certain minor encroachments to remain in a portion of the Collier County Drainage Easement on the
Northside of the Golden Gate Main Canal, Between Airport Road and the Golden Gate Main Canal
Control Structure #1 (GG1), and to authorize the County Manager or his d esignee to execute the
Easement Use Agreements on behalf of the Board.
CONSIDERATIONS: In 2019, Collier County (County) acquired a 20’ drainage easement on the
Southside of the Golden Gate Main Canal, Between Airport Road and GG1. This easement was
acquired to provide access and maintenance of this portion of the canal that prior to this easement was
only accessible through the drainage easement on the Northside of the canal. These County drainage
easements are utilized by the South Florida Water Management District (SFWMD) for maintenance,
on behalf of the County, through the Cooperative Agreement. SFWMD’s typical standard for
maintenance of drainage easements is clearing the entire drainage easement, which varies throughout
the system. In the case of the canal segment in question, the Southside is an existing residential
neighborhood (approximately 26 parcels in question) with back yards that include mature landscaping,
trees, fences, hedges, and other minor features like decks, fire pits, etc. Beca use this easement was
acquired well after this neighborhood was developed, many of the items listed above are now in the
20’ drainage easement, and clearing of the entire easement presents significant issues to the
homeowners.
The staff from the Big Cypress Basin (BCB) of the SFWMD has worked diligently on a solution that
will meet the needs of both the residents in the area as well as providing for flood protection and canal
maintenance. After multiple site visits, resident meetings and coordination with the Commissioner of
the District, the Big Cypress Basin Chair, SFWMD staff and County staff, a proposal was developed to
remove the trees from a portion of the easement, consisting of 5’ from top of the canal bank, which are
most at risk to providing challenges to the control structure, flood protection and/or maintenance and
work with the County on a mechanism to allow the items in the rest of the easement (15’) to remain. It
is important to note, this 5’ clearing effort matches the Northside of the canal bank. This process will
focus on documenting those things that exist in the easement currently, with respect to drainage. This
process is not intended as a permitting process, and all future requests for the use of land covered by a
drainage easement will follow the County’s current policy and process to approve or deny minor
encroachments in drainage easements.
Upon approval of this item, staff will begin working with the affected property owners to identify the
trees and other items to remain in the 15’ portion of the easement. This will be documented in the
Easement Use Agreement to be executed between the parties, with the County Manager, or his
designee authorized as signature for the County and recorded in the Public Records. Authorizing the
County Manager or his designee to execute the standard agreements on behalf of the Board will
expedite this process for the homeowners, beginning as early as this summer and will not require
multiple repetitive items to be placed on the Board’s consent agenda. A sample Easement Use
Agreement is attached. The final document will be reviewed and approved by the County Attorney
prior to its use for this matter.
16.A.38
Packet Pg. 1386
07/14/2020
The process to identify the trees to be removed from the 5’ section is underway by the SFWMD. An
update on this matter will also be provided at the BCB Public Meeting on July 6, 2020.
County staff recommends approval of this item as it represents a fair compromise for the property
owners as well as the SFWMD. Clearing of trees from the 5’ portion of the easement is consistent
with the maintenance that occurs on the North bank, where only a 5’ easement exists. The Easement
Use Agreement memorializes the item currently in the remaining 15’ of the easement. It allows
property owners to retain some of their trees, landscaping, fences, etc. to best preserve the character of
the neighborhood while providing the ability for proper maintenance and flood protection. The
SFWMD and BCB also agree with this approach and the use of the proposed Easement Use
Agreement.
FISCAL IMPACT: The fiscal impact related to this item is the cost of recording of the Easement
Use Agreements, of approximately $50 per Agreement, an estimated total of $1,300. Funds are
available in the Stormwater Operating Budget (Fund 103, Cost Center 172929) for this request.
GROWTH MANAGEMENT IMPACT: This action is consistent with the Stormwater
Management Sub-Element of the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as
to form and legality and requires a majority vote for Board approval. -JAK
RECOMMENDATION: To establish a policy and a standard template for an Easement Use
Agreement associated to existing minor encroachments in the Collier County Drainage Easement for
the Golden Gate Main Canal between Airport Road and the Golden Gate Main Canal Control Structure
#1, maintained by the South Florida Water Management District, and authorize the County Manager or
his designee to execute Agreements.
Prepared By: Amy Patterson, Director, Capital Project Planning, Impact Fees & Program Management
ATTACHMENT(S)
1. Easement Use Agreement - Drainage (PDF)
16.A.38
Packet Pg. 1387
07/14/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.38
Doc ID: 12840
Item Summary: Recommendation to establish a policy and a standard template for an Easement
Use Agreement associated to existing minor encroachments in the Collier County Drainage Easement for
the Golden Gate Main Canal between Airport Road and the Golden Gate Main Canal Control Struct ure
#1, maintained by the South Florida Water Management District, on behalf of the Board of County
Commissioners.
Meeting Date: 07/14/2020
Prepared by:
Title: Senior Grants and Housing Coordinator – Capital Project Planning, Impact Fees, and Program
Management
Name: Gino Santabarbara
07/06/2020 11:42 AM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
07/06/2020 11:42 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 07/06/2020 1:51 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 07/07/2020 9:51 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 07/07/2020 11:17 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/07/2020 12:14 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 07/07/2020 12:15 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/07/2020 12:29 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 07/07/2020 12:39 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/07/2020 4:27 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/08/2020 9:14 AM
Board of County Commissioners MaryJo Brock Meeting Pending 07/14/2020 9:00 AM
16.A.38
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Page 1 of 2
Owner:
Address:
Permit No.:
DRAINAGE EASEMENT USE AGREEMENT (DRAFT)
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 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.
16.A.38.a
Packet Pg. 1389 Attachment: Easement Use Agreement - Drainage (12840 : Golden Gate Main Canal Drainage Easement)
Page 2 of 2
4. 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.
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.
(SEAL)
Notary Public/State of Florida
Name:
My Commission expires:
16.A.38.a
Packet Pg. 1390 Attachment: Easement Use Agreement - Drainage (12840 : Golden Gate Main Canal Drainage Easement)