Flamingo Isles Municipal Utility District (the “District”) is the owner of certain exclusive easements for the construction, operation, and maintenance of the bulkhead facilities.
Specifically, there is a five (5) foot easement from the edge of bulkhead within each lot/parcel.

The District continues to perform maintenance to such facilities, and it has come to the District’s attention that there are landscaping improvements, irrigation lines, lighting, Palm trees, flower beds, pavers, walkways, fencing, and other items (“Encroaching Improvements”) located in the District’s exclusive easement area. Placement of any items, including the Encroaching Improvements, in the exclusive easement area is at the sole risk of the property owner.

Additionally, it has become apparent that most homeowners have run irrigation lines adjacent to the bulkhead structures and within the easement. The District is noticing significant erosion due to leaking and broken lines. In turn, the erosion accelerates stress on the bulkhead system, resulting in unnecessary and costly bulkhead maintenance. To prevent further maintenance concern, as the
District performs maintenance to bulkhead and encounters irrigation lines within the right of way, the District will cap and/or remove them, or notify the homeowner that the lines must be moved out of the right of way.

The Board encourages each homeowner to review their irrigation systems and begin to proactively move them out of the easement. Please remember that no structures should be attached to the bulkhead or caps (boat cleats, docks, floating docks, boats, floatation devices, crab pots, etc.). Working together, we can help maintain the integrity of the bulkhead system.

During the maintenance process, the Board will try to coordinate with homeowners so that residents might properly remove Encroaching Improvements; however, due to the intricacy of coordinating contractors, weather issues, etc., sometimes this may not be possible. As such, this letter serves as notice to you that during the District’s maintenance to its facilities, it is likely, if not unavoidable, that the Encroaching Improvements will be damaged or destroyed. Please be aware that the District is not liable for damage to, or removal of, any of the Encroaching Improvements remaining in the easement area, and replacement of any of the Encroaching Improvements is at the property owner’s responsibility and cost.

If you should have any questions, please contact the District’s attorney, Laura Davis with SKLaw, at 713-850-9000. We appreciate your attention to this matter