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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 � � - • fT El�,Ai •. La- 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 �A� t�G€rj 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 E1 E- "q I t i-( , /- " F.C.M. — _ PRM NW CORNER OF PLAT N W E cn 0o cn S 0 I c� fv Trl J _ FTl 0 10' 20' 30' 40' CO_ LOT 13 (aCCUPIED) S88 °10'10 "E 107.99' (M) F.I.R. 588'09'34 "E 107.71' (P) LS 1543 Q Q Z V � Ja 3 Q F.I.R LS 2406 7.5'D.E. I F12.3' _ A/C 25.8' 31.0 rn c) LJW O r 3 9' SPLIT LEVEL 24 2' o RESIDENCE cn I.n 0. 00 00 CA CA N Iv 0 r,J CD Q0 J U (A M M I I uo Q0 11.9 00 SCREEN ENCLOSED N I POOL & PA TIO U So, e CONCRETE DRIVEWAY 16p 1 SKETCH OF SURVEY F.I.R. 4SI. 10'U.E. CHATHAM CIRCLt S88'09'34 "E 60.00' (60' RIGHT —CIF —WAY) S88 °21 '26'"W (BEARING BASIS) 45.2' LOT 12 5 .E. —\Y, z � 7.5'D.E. / Y/\ w o P.E. / $ U 0.4' �N C3 / FENCE 0.5' EXISTING SCREEN ENCLOSURE Ix LOT 11 (OCCUPIED) 7.5'D.E. -\ z cj -, F.I.R. CURVE RADIUS LEGEND F.C.M. N FOUND 4 "X4" CONCRET MONUMENT PRM 60.00' PERMENENT REFERENCE MONUMENT' S -I.R. 0 SET 5/8' IRON ROD LB3241 F.I.R. 0 FOUND 5/8' IRON ROD F.P.K. ♦ FOUND P.K. NAIL P.L.S. 60.00' PROFESSIONAL LAND SURVEYOR L. B. N56 *41'11'6/ LICENSED BUSINESS LS LICENSED SURVEYOR (M) MEASURED (P) PLAT D.E. DRAINAGE EASEMENT U.E. UTIUTY EASEMENT UR PARKER KALON A/C AIR CONDITIONING P.B. PAVER BRICK It CENTERLINE WE WELL EQUIPMENT WPP fi WOOD POWER POLE CENTERLINE EL. ELEVATION OHP OVERHEAD POWER LINE EOP EDGE OF PAVEMENT WM .a WATER METER CN ® CABLE TV BOX TL 0 TELEPHONE BOX CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 60.00' 42.54' 41.65' N18'28'10'W 40'3712' C2 60.00' 39.41' 38.70' N20'3923'E 37.3754' C3 60.00' 37.50' 36.90' N56 *41'11'6/ 35'4849' 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, F.C.M. _ PRM NW CORNER OF PLAT U) 0 o In 0 I W C" N (ll a N M v _ I'l P A i LOT 13 (OCCUPIED) S88'10'10 "E 107.99' (M) F.I.R. S88*09'34 "E 107.71' (P) LS 1543 7.5'D.E. A/C — 25.8' 31.0' — — r6iIA ,, �xrf� N E s` 1 0 10' 20' 30' 40' v I RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE CI 60.00' 4254' W N18.28'l0'W 40'37'12' C2 60.00' LA 30.70' N20 .39'23E 37.37'54' Y 6000' m 36.90' N56.41'Il'W 1 35.48'49' Q rq UTIUTY EASEMENT UR V Q A/C 3 g' SPLIT LEVEL P.B. 24.2' RESIDENCE 9 CENTERUNE Cn " WELL EQUIPMENT WPP 0 'WOOD POWER POLE Q Co Co ELEVATION OHP (A Is1 N Cl N EDGE OF PAVEMENT WM p CTV N CD L N 0 TELEPHONE BOX -- Clt l mm 32.6' --`- Coo 0 C) N SCREEN ENCLOSED POOL & PATIO i 16A 1 SKETCH OF SURVEY F.I.R. r 10'U.E. CHATHAM CIRCLE S.I.R. S88'09'34" E 60.00' (60' RIGHT -OF -WAY) S88'21'26'W (BEARING BASIS) CONCRETE DRIVEWAY r w rn 45.2' LOT 12 UR S 5'U.E. c 0.7' • o. p7 rl 7.5'D.E. / i-'t sz P.E / LOT 11 / (OCCUPIED) 0.4' 25'D,E. ----{ P / Q1` 5.7' 7.5'D.E. V / / N Np N \N EXISTING p9 SCREEN ENCLOSURE "CO 5.7' / FENCE / 0.5' / DETAIL F.I.R. LS 2406 I I CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE CI 60.00' 4254' 41.65' N18.28'l0'W 40'37'12' C2 60.00' 39.41' 30.70' N20 .39'23E 37.37'54' C3 6000' 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 BOUNDARY SURVEY SCALI = 20' DATE 7 -27 -09 OWVM cNEncEn BO�� IRO D- D.B�.pB. Da. B.B. p �TfNlb QL ./f/?H4Y7.d, J97A'. LDD���LL'EE�� .� ..T BC SCanai .)��. '�AI.ANDVDLTI (071 64L 9r«w. Xw� Vl X9M1L., 9'b. 8402 (299) 261 - 5965 LEGBVD F.C.M. 0 FOUND 4'X4' CONCRET MONUMENT PRM PERMENENT REFERENCE MONUMENY S.I.R. 0 SET 5/8' IRON ROD LB3241 F.I.R. O FOUND 5/8' IRON ROO F.P.K. A FOUND P.K. NAIL P.LS. PROFESSIONAL LAND SURVEYOR L.B. LICENSED BUSINESS LS LICENSED SURVEYOR (M) MEASURED (P) PLAT D.E. DRAINAGE EASEMENT U.E. UTIUTY EASEMENT UR PARKER KALON A/C AIR CONDITIONING P.B. PAVER BRICK i CENTERUNE WE WELL EQUIPMENT WPP 0 'WOOD POWER POLE CENTERLINE EL. ELEVATION OHP OVERHEAD POWER LINE EDP EDGE OF PAVEMENT WM - WATER METER CTV ® CABLE TV BOX TL 0 TELEPHONE BOX 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 BOUNDARY SURVEY SCALI = 20' DATE 7 -27 -09 OWVM cNEncEn BO�� IRO D- D.B�.pB. Da. B.B. p �TfNlb QL ./f/?H4Y7.d, J97A'. LDD���LL'EE�� .� ..T BC SCanai .)��. '�AI.ANDVDLTI (071 64L 9r«w. Xw� Vl X9M1L., 9'b. 8402 (299) 261 - 5965