Collier County
FL

Action Item
10702

Recommendation to approve and authorize the Chair to execute a settlement agreement between Jeffrey and Brenda Lane and Collier County, related to dispute over ownership of a drainage easement within the property located at 6915 Oakmont Parkway, Naples, Florida, with the County accepting ownership of the drainage easement and future maintenance of the drainage line and both parties waiving costs incurred in relation to the failure and replacement of the prior drainage line.

Information

Department:County Attorney's OfficeSponsors:
Category:16.K Consent Agenda-County Attorney

Executive Summary

EXECUTIVE SUMMARY

 

Recommendation to approve and authorize the Chair to execute a settlement agreement between Jeffrey and Brenda Lane and Collier County, related to dispute over ownership of a drainage easement within the property located at 6915 Oakmont Parkway, Naples, Florida, with the County accepting ownership of the drainage easement and future maintenance of the drainage line and both parties waiving costs incurred in relation to the failure and replacement of the prior drainage line.

 

 

OBJECTIVE:  Recommendation to approve the settlement between Jeffrey and Brenda Lane and Collier County, related to a dispute over ownership of a drainage easement within the property located at 6915 Oakmont Parkway, Naples, Florida, with the County accepting ownership of the drainage easement and future maintenance of the drainage line and both parties waiving costs incurred in relation to the failure of the prior drainage line.

 

CONSIDERATIONS:  This matter arises out of a dispute as to ownership and maintenance responsibilities of an alleged twelve (12) foot wide drainage easement, encumbering the northern six (6) feet of Site 4, Parcel A, as depicted on Exhibit B, in the attached settlement agreement. 

 

In September 2017, the drainage line adjacent to the Lane’s residence and within the disputed easement area failed.  As a result, the Lane’s had to pay for repair work to their residence.  The County replaced the drainage line on an emergency basis.  The drainage easement, in favor of the County, was recorded on July 21, 1986 at OR 1210 PG 1566.  However, it appears the easement was not formally accepted by the County at the time of recordation, as the easement was not signed by the County Engineer and Utility Administrator as was then required under Ordinance 83-17.  Further complicating the ownership and maintenance responsibilities of the drainage line within the easement, permitted improvements to the property were made by previous owners within the easement area.    

 

After many months of records review and negotiations, a tentative settlement agreement has been reached between the parties. Under the terms of agreement, the parties will not seek reimbursement for damages incurred to the property or for the replacement of the failed drainage line.  The County will accept ownership of the drainage easement, future maintenance of the drainage line, and allow the existing encroachment into the drainage easement area.  The Lane’s will not make any additional improvements into the easement area and agree to be solely responsible for repair and replacement of their property improvements, that currently encroach into the drainage easement, upon any future repair or replacement of the new drainage line by the County.  It is the County Attorney and Risk Management Department’s position that this settlement is reasonable and in the best interest of Collier County.  

 

FISCAL IMPACT:  None.

 

GROWTH MANAGEMENT IMPACT:  None.

 

LEGAL CONSIDERATIONS:  This item is approved as to form and legality and requires a majority vote for approval. - KLN

 

RECOMMENDATION:  For the Board of County Commissioners to accept the proposed settlement and authorize the Chair to execute the Settlement Agreement.

 

PREPARED BY:                Kevin L. Noell, Assistant County Attorney

                                          Jeffrey A. Klatzkow, County Attorney

 

 

Discussion