Backup Documents 10/13/2009 Item #16A 116A 1
ENCROACHMENTAGREEMENT
THIS ENCROACHMENT AGREEMENT (the "Agreement ") is made and entered into this
day of September, 2009 by and between Candlewood Residents Association, Inc., a
Florida not for profit corporation (the "Association "), Anthony M. Lawhon and Megan Lawhon,
husband and wife (the "Lawhons "), and Collier County Board of County Commissioners, a
political subdivision of the state of Florida (the "County "),
A. Pursuant to that certain plat of Candlewood, a subdivision, recorded in Plat Book 17., Pages
52 and 53, Public Records of Collier County, Florida (the "Plat "), the County is the record
owner of certain non - exclusive easement rights (collectively, the "Easements ") within and
upon that certain parcel of real property included in the Plat and known as Lot 12 of
Candlewood and being more particularly described as follows:
Lot 12 of Candlewood, a subdivision according to the plat thereof recorded in Plat
Book 17, Pages 52 and 53, Public Records of Collier County, Florida,
and as graphically described in the Sketch of Survey prepared by Bruns & Bruns, Inc. dated
July 27, 2009 attached hereto as Exhibit "A" and incorporated herein by this reference (the
"Easement Area ").
B. The Easement Area is managed and maintained by the Association.
C. The Lawhons are the record owners of the fee simple interest in and to that certain parcel
of real property known as Lot 12, Candlewood, which subject property is burdened by the
Easements.
D. Lot 12, Candlewood includes an existing swimming pool deck and pool screen enclosure
which encroaches 1.8 feet into the 7.5 foot Easement Area (the "Encroachment ") along the
southerly boundary line of Lot 12, Candlewood, as shown on Exhibit "A ".
E. The Easement Area contains a shallow swale which carries a portion of the Lot 12,
Candlewood storm water runoff. The swale as currently configured with the Encroachment
will continue to function as designed. There are no other improvements within the
Easement Area.
F. The parties to this Agreement have reached certain understandings with regard to the
Encroachment 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 othergood and valuable consideration, the receipt and sufficiency of which are hereby
expressly acknowledged, the parties hereto agree as follows:
Consent to Encroachment: The County hereby expressly consents to the 1.8 foot
Encroachment into the 7.5 foot Easement Area.
2. Indemnification of County. The Association and the Lawhons agree for themselves and
their 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
16A 1
(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 Association or Lawhon, their
respective contractors, agents, employees or invitees at any time while the Encroachment
remains within the Easement Area. Further, the Association and the Lawhons for
themselves, successors and assigns agree 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 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 first above written.
Signed, Sealed and Delivered
In the presence of:
Print Name
v v sQ,,, 1-en n e.
Print Name'
vyt
STATE OF FLORIDA
COUNTY OF COLLIER
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Vegan 4Lhon
The foregoing instrument was acknowledged before me this 6-113L
September, 2009 by Anthony M. Lawhon and Megan Lawhon, husband
personally known to me or who produced
day of
and wife, who are
_ as identification.
�Vp °4s Notary Public State of Florida
Jason Hamilton Mikes
c My Commission 00892385 Notary P c
e,,.d Explres o7r24not3 Ission Expiration date:
Signed, Sealed and Delivered
In the presence of:
Print Nam .
Thy 44r./ *ep/
Pr
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STATE OF FLORIDA
COUNTY OF COLLIER
Candlewood Residents Association, Inc., a
Florida not for profit corporation
By:
Name.
Title:
The foregoing instrument was acknowledged before me this 8-ML
day of
September, 2009 by -5oSAo -a LENr3ER-i*z , as President of
Candlewood Residents Association, Inc., a Florida not for profit corporation, who is personally
known to me or who produced as identification.
-0 ft- Notary Public n Mikes
M Florida
+I Jason Hamilton Mikss
My Commission ODS92395
Veto/ Expires 07/24/2013
ommission Expiratiorf date:
Signed, Sealed and Delivered
In the presence of:
V1*44mtta ��s,,��s,, so ca# ryV
ST�TE UF'F A&
COUNTY OF COLLIER
16A
COLLIER COUNTY BOARD OF COMMISSIONERS
:
B Y
Donna Fia a, Chairwoman
The fore ment was acknowledged before me this day of
2009 by o Chairwoman of COLLIER COUNTY BOARD OF
COMMISSIONERS, on behalf of the Commission, w II known tome or who produced
as identification.
Notary Public
Commission Expiration date:
Approved as to form and legal sufficiency:
BY: WiL.,.a.-
e Kra 77 L): IIsa wt;
Assistant County Attorney
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REAL PROPERTY DESCRIPTION:
LOT 12, CANDLE WOOD, A SUBDIVISION ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT BOOK 17, PAGES 52 & 53
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
NOTES:
1.) BEARINGS SHOWN HEREON REFER TO THE CENTERLINE OF CHATHAM CIRCLE
BEING S. 88 °21'26' W.
2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND
RESTRICTIONS OF RECORD,
3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF,
4.) THIS PROPERTY IS LOCATED IN FLOOD ZONE X
5.) IMPROVEMENTS OTHER THAN THOSE SHOWN HAVE NOT BEEN LOCATED.
6.) LEGAL DESCRIPTION SUPPLIED BY CLIENT.
STREET ADDRESS
520 CHATHAM CIRCLE
David B. Bruns, PLS
Certificate Number 4520
DATE OF SURVEY; JULY 27, 2009
NOT VALID WITH ❑UT THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER,
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37.50'
36.90'
N56.41'Il'W
1 35.48'49'
LOT 12, CANDLE WOOD, A SUBDIVISION ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT BOOK 17, PAGES 52 & 53
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
NOTES:
1.> BEARINGS SHOWN HEREON REFER TO THE CENTERLINE OF CHATHAM CIRCLE
BEING S. 88.21'26' W.
2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND
RESTRICTIONS OF RECORD,
3.> DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF,
4.) THIS PROPERTY IS LOCATED IN FLOOD ZONE X
5.) IMPROVEMENTS OTHER THAN THOSE SHOWN HAVE NOT BEEN LOCATED.
6.) LEGAL DESCRIPTION SUPPLIED BY CLIENT.
STREET ADDRESS
San run Tunu 1.n11
f.I.R.
Davtd B. Bruns, PLS
Certificate Number 4520
DATE OF SURVEY, JULY 27, 2009
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICFNSFTI SURvcvno eun ..,...—
(r'-ANTHONY M. & MEGAN LAWHON
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Davtd B. Bruns, PLS
Certificate Number 4520
DATE OF SURVEY, JULY 27, 2009
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICFNSFTI SURvcvno eun ..,...—
(r'-ANTHONY M. & MEGAN LAWHON
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