2024-294 - Laserfiche WebLink

Home Browse Search

A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Prepared by and after recording return to: Jennifer W. Shuler, Esq. Indian River County 1801 270, St., Building A Vero Beach, Florida 32960 SEPTIC TANK ENCROACHMENT AGREEMENT THIS SEPTIC TANK ENCROACHMENT AGREEMENT ("Agreement") is made this 2.(o day of November 2024 by and between Indian River County, a political subdivision of the State of Florida ("County"), whose address is 1801 27th Street, Vero Beach, Florida 32960, and Jack R. Kown ("Owner"), whose address is 425 11 th Court, Vero Beach, Florida 32962. The County and Owner are sometimes individually referred to herein as a "Party" and collectively as the "Parties." Recitals WHEREAS, the Owner owns that certain real property located at 425 11 th Court, Vero Beach, Indian River County, Florida having Indian River County Parcel Identification Number 33391300012000100011.0 ("Property"); WHEREAS, the Property contains a platted drainage easement and the County has a right to said easement ("Easement"); WHEREAS, the Easement contains a stormwater pipe for the purposes of providing drainage conveyance; WHEREAS, Owner's existing septic tank encroaches onto the County Property ("Encroachment") as reflected on the drawing attached hereto as Exhibit A and by this reference made a part hereof ("Encroachment Area"); and WHEREAS, Owner has requested consent from the County to keep, maintain, and repair but not replace the Encroachment upon the County Property within the Encroachment Area, and the County is willing to grant such consent upon the terms and conditions hereafter set forth. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth in this Agreement, Owner and the County hereby agree as follows: 1. Recitals. The Parties agree that the foregoing recitals are true and correct and are incorporated herein by this reference. 2. Encroachment. The County hereby consents for Owner to keep, maintain, and repair but not replace the Encroachment in the Easement within the Encroachment Area, subject to compliance with the following terms and conditions: a. Any maintenance on the Encroachment shall not impact the drainage pipe within the Easement.