Agenda 10/13/2009 Item #16A 1
Agenda Item No. 16A 1
October 13, 2009
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve an Encroachment Agreement for Lot 12, Candlewood
OBJECTIVE:
To approve an Encroachment Agreement with the current property owner of Lot 12,
Candlewood.
CONSIDERATIONS:
Engineering and Environmental Services Staff has completed the review of the Encroachment
Agreement. The owner intends to replace an existing pool enclosure and existing metal lanai
roof which encroaches 1.8 feet into a 15-foot Drainage Easement which is dedicated to Collier
County with no responsibility for maintenance. The easement is dedicated to the Candlewood
Homeowner's Association with responsibility for maintenance. The Homeowner's Association
is also a party to the agreement. There are no drainage facilities within the easement. A swale
exists within the easement however the swale is not affected by the encroachment.
Engineering and Environmental Services Department recommends approval of the
Encroachment Agreement.
FISCAL IMPACT:
- There is no fiscal impact. The property owner will be responsible for any recording fees.
GROWTH MANAGEMENT IMPACT:
There is no growth management impact.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Agreement and associated
documents for legal sufficiency. This item is ready for Board consideration and approval. STW
RECOMMENDATIONS:
1. That the Board of County Commissioners approve the Encroachment Agreement.
2. Direct the Clerk to record the Encroachment Agreement.
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PREPARED BY: John Houldsworth, Senior Engineer, Engineering and Environmental Services
Department
Agenda Item No. 16A 1
October 13, 2009
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
16A1
Recommendation to approve an Encroachment Agreement for Lot 12, Candlewood.
10/13/2009 9:00:00 AM
Prepared By
John Houldsworth Senior Engineer Date
Community Development & Engineering Services
Environmental Services 9/24/2009 9:51 :47 AM
Approved By
William D. Lorenz, Jr., P.E. Environmental Services Director Date
Community Development & Environmental Services
Environmental Services 9/24/2009 12:36 PM
Approved By
Steven Williams Assistant County Attorney Date
Attorney's Office Attorney's Office 9/28/200911:16 AM
Approved By
Judy Puig Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 9/28/2009 3:06 PM
Approved By
Joseph K. Schmitt Community Development &
Environmental Services Adminstrator Date
Community Development & Community Deveiopment &
Environmental Services Environmental Services Admin. 9/29/2009 9:44 AM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 10/2/20098:56 AM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 10/2/2009 10:04 AM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 10/2/20094:14 PM
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ENCROACHMENT AGREEMENT
.'1.t.tv THIS ENCROACHMENT AGREEMENT (the "Agreement") is made and entered into this
"r 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, Publjc 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 pial thereof recorded in Plat
Book 17. Pages 52 and 53, Public Records of Corlier 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 10 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 swa!e which carries a portion of the Lot 12.
Candlewood storm water runoff. The swale as currentfy configured with the Encroachment
will continue to function as designed. . There are no other improvements within the
E 8sement Area.
F. The parties to this Agreemel"lt 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 other good and valuable consideration, the receipt and sufficiency of which are hereby
expressly acknowledged, the parties hereto agree as follows:
1 . Consent to Encroachment: The County hereby expressly consents to the 1.8 foot
Encroachment into the 75 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
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(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;
~7:2
egan L hon
The foregoing instrument was acknowledged before me this E):OL day of
September, 2009 by Anthony M. Lawhon and Megan Lawhon, husband and wife, who are
personally known to me or who produced as. identification.
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J..Cln H.rnHlon MIke.
MV Commluion 008823ge
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Agenda Item No. 16A 1
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Page 6 of 8
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Signed, Seared and Delivered
In the presence of:
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Candlewood Residents Association, Inc., a
Florida not for profit corporation
BYN,me ~--- ~-a-
Title:
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this
8-a!..
day of
September, 2009 by ,$.).st(~ Ler.afoJeR"1""a , as President of
Candlewood Residents Association, Inc., a Florida not for profit corporation, who is personalty
known to me or who produced as identification.
J
i) NoIIIry Public s.... ~ Florid.
,-.. , . JlIOn H.mlllon Mlk..
~ ( ,I My Commlallon 00811Z3I111
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Notar
Commission Expiratio
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Aaenda Item Nn 1RA1
October 13, 2009
Page 7 of 8
Signed, Sealed and Delivered
In the presence of:
ATTEST:
COLLIER COUNTY BOARD OF COMMISSIONERS
By:
Print Name:
By
Date:
Donna Fiala, Chairwoman
STATE OF FLORIDA
COUNTY OF COLLIER
The fore ment was acknowledged before me this - day of
. 2009 by on Chairwoman of COLLIER COUNTY BOARD OF
COMMISSIONERS, on behalf of the Commission, w II known to me or who produced
as identification.
Notary Public
Commission Expiration date:
Approved as to form and legal sufficiency
1t-. _ 7.WQL.~~
sfv..;~t't r w . 'I If 'a ~
Assistant County Attorney
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