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HomeMy WebLinkAboutMinter, Thomas and Donald Weaver - Boundary Line Agreement 11111111IINMuu*AMNsuinmiiiiii MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY DK 07555 THIS INSTRUMENT WAS PREPARED BY p9; 1331 1342; (12pgs) AND SHOULD BE RETURNED TO: CLERK' S f Z1011038552 RECORDED 04/12/2011 02:34:00 PM Anthony A.Garganese,Esquire RECORDING FEES 103.50 Brown,Garganese,Weiss&D'Agresta,PA. 111 North Orange Avenue,Suite 2000 RECORDED DY T Ssith Post Office Box 2873 1 Orlando, (407)425 FL-95S 66 32802-2873 / BOUNDARY LINE AGREEMENT T IS BOUNDARX LINE AGREEMENT ("Agreement") is entered into as of the ' day of 001'_ V,/'1 , 2014, by and between THE CITY OF WINTER SPRINGS, FLORIDA, a municipal corporation whose address is 1126 East SR 434, Winter Springs, Florida, 32708 ("Winter Springs"), and THOMAS MINTER, whose address is 1810 De Leon Street, Oviedo, Florida, 32765 ("Minter") and DONALD WEAVER, whose address is 844 Lake Mills Road, Oviedo, Florida 32766 ("Weaver"). WITNESSETH: WHEREAS, The parties to this agreement are adjoining landowners of parcels of property; and WHEREAS, Winter Springs is the owner of fee simple title to a certain parcel of real property located in Seminole County, Florida as more particularly depicted in Exhibit "A" attached hereto and incorporated herein by this reference (the "Winter Springs Parcel"); and WHEREAS, Minter is the owner of fee simple title to a parcel of real property located adjacent to the Winter Springs Parcel to the South East, which property is more particularly depicted in Exhibit "B" attached hereto and incorporated herein by this reference (the "Minter Parcel"); and WHEREAS, Weaver is the owner of fee simple title to a parcel of real property located adjacent to the Winter Springs Parcel to the South West, which property is more particularly depicted in Exhibit "C" attached hereto and incorporated herein by this reference (the "Weaver Parcel") (the Winter Springs Parcel, Minter Parcel and Weaver Parcel are collectively referred to as the "Parcels" and individually as a "Parcel"); and WHEREAS, a dispute has arisen between the parties as to the common boundary of their respective parcels; and WHEREAS, Winter Springs, Minter and Weaver desire to document the correct corners to be utilized when the Parcels are surveyed to correct any } confusion as to the location of the Parcel;and NOW, THEREFORE, for and in consideration of the premises hereof, the • sums of money paid hereunder, and the mutual and reciprocal obligations undertaken herein, the parties hereto do hereby covenant, stipulate and agree as follows: 1. Common Boundary. Winter Springs, Minter, and Weaver recognize and • agree that the common boundary line between the Parcels is the Occupied Line referenced in the LandTech Survey, Job No. 09103, dated May 12, 2010, attached hereto as Exhibit and incorporated herein by this reference. The common boundary line is more particularly and legally described as set forth In Exhibit "E", attached hereto and incorporated herein by this reference. Winter Springs, Minter and Weaver hereby waive and release any claims, interest, title, • possession, or ownership of any property which may have been depicted on • • • surveys previously prepared and release any claims to any such property owned by the other party other then as set forth in Exhibits "A", "Be, and "C" attached • hereto. • • 2. Covenants Running with the Land. This Agreement shall be recorded In the Official Public Records of Seminole County, Florida. The terms, benefits and burdens of this Agreement shall run with the Parcels and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3. Amendment. This Agreement may be amended or terminated by, and only by, an instrument in writing executed by all of the parties hereto or their respective successors in interest. 4. Attorneys' Fees. In the event it shall be necessary for any party to this Agreement to bring suit to enforce any provisions hereof, the prevailing party • shall be entitled to recover from the non-prevailing party or parties, In addition to any damages or other relief granted as a result of such suit, all costs and expenses of such suit and reasonable attorneys'fees as set by the court. 5. Entire Agreement, This Agreement embodies the complete and entire • agreement between the parties regarding this transaction and supersedes all prior negotiations, agreements and understandings relating thereto. It may not be varied or modified except by written agreement executed by Winter Springs, Minter and Weaver. 6. Governing LawNenue. This Agreement shall be construed under and in accordance with the laws of the State of Florida, and venue for its enforcement shall be in Seminole County, Florida, (signatures to follow) 2 IN WITNESS WHEREOF, Winter Springs, Minter and Weaver have executed this Agreement as of the day and year first above written. Signed, sealed and delivered in the CITY OF WINTER SPRINGS, Florida, a presence of the following witnesses: Florida Municipal Corporation 4-7-144-.4---6--"- / / By: 1.. 4,,, , Sig ture of Witness Charl- Lacey " a� 6 4iw 13oN'- f2 �' Printe me of Witness ATTEST: ' Sito eofWit ss B . �I 9}�� Y �-r� ex-e,_ And �'.renzo-Luaces, City Clerk Printed Na of Wit ss Date: l STATE OF FLORIDA COUNTY OF SEMINOLE tH The,foregoing instrum nt was {cknowledged before me this day of J 20���bya\d 4R-S s Mayor of the City of Winter Springs, Florida, a Florida municipal corpora ion, on behalf of the corporation. He is personally known to me or produced a Florida Driver's License as identification. P N -1-- 1 Notary Public, State of Florida at Large My commission expires: ;0,;;;,,,,,,,,, Anoatarerya-,',,:bblidtate ofFfortda-orenzo-Luaces 0 i tvlY Cornet ssion DD664334 ''nor Y��ye` -- �___ Ex fires 05/09/2011 3 Signed, sealed and delivered in the THOMAS MINTER presenc of the follow itnesses: r Si n ture 6 itness .�! Thomas Minter iiri;1"i''f/ e/,'' Printed Name of/Witness' is nature of itness rig _ Printed Nam- of Witness STATE OF FLORIDA COUNTY OF SEMINOLE ',p Th foregoing instrumen as acknowledged before me thiso�0 lay of 2044.6", by Thomas Min _ale/she is personally known to me or produced fl.- 01-in S3F-1131-3 a]entification. I- Printed Name: Ch"i/V-077p-- •45v/ s Notary Public, State of 6711/11 My commission expires: 1 " CHARLOTTE S.MEEKS 4' ,(4, 4 Commission DD 646203 '",L- ti Expires May 17,2011 4,4 Bonded lhroTroy Fain Insurance 100.3BS701s 4 Sigrid, sealed a ,• delivered in the DONALD WEAVER pre nce o - f flowing witnesses: `i±nature o tnes Donald Weaver 11k1 ' - Printed Name of Witn-s j41---C4 Signature of Witness // Printed Name,of Witness STATE OF COUNTY OF i/ill The oregoing instruments yvas acknowledged before me this U'i` .day of 20M, by Donald We He/she is personally known to me or producecfLpL W/bO ll`S-3°'as identification. / ii Printed Name: C/Z/f-12J-417 S. maks Notary Public, State of _67/7/// My commission expires: ' +Y'rr'• CHARLOTTE S.MEEKS � Commission DD 646203 Exp;r;.s May 17,2011 %'/fl�fir * Bonded Thru Troy Fa nInsurance 8003857019 5 EXHIBIT "A" Parcel Id. No. 03-21-31-300-008E-0000 SEC 03 TWP 21S RGE 31E S 564.64 FT OF W 659.60 FT OF NW 1/4 OF NW '/. Parcel Id. No. 03-21-31-300-0080-0000 SEC 03 TWP 21S RGE 31E NW 1/4 OF NW 1/4. (LESS S 340 FT OF E 660 FT & S 564.64 FT OF W 659.60 FT & RDS) 6 EXHIBIT "B" Minter Property Parcel Id No. 03-21-31-300-008A-0000 SEC 03 TWP 21S RGE 31E S 340 FT OF E 330 FT OF NW 1/4 OF NW 1/4 (LESS RD & 1 AC HX). Parcel Id. No. 03-21-31-300-008B-0000 LEG SEC 03 TWP 21S RGE 31E S 340 FT OF W 330 FT OF E 660 FT OF NW '/A OF NW '/4 (2.57 AC). 7 EXHIBIT "C" Weaver Property Parcel Id. No 03-21-31-300-0090-0000 LEG SEC 03 TWP 21S RGE 31E W 1/2 OF SW 1/4 OF NW V4. 8 EXHIBIT "D" 9 LEGAL DESCRIPTION PARCEL 1_ THE NW 1/4 OF THE NW 1/4 OF SECTION J TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA. LESS THE SOUTH 340 FEET OF THE EAST 660 FEET THEREOF AND LESS THE SOUTH 564.64 FEET OF THE WEST 659.60 FEET THEREOF AND LESS ROAD RIGHT-OF-WAY. PARCEL 2: THE SOUTH 56464 FEET OF THE WEST 659.60 FEET OF 711E FOLLOWING PROPER TY THE NW 1/4 OF THE NW 1/4 OF SECTION 3. TOWNSHIP 21 SOUTH, RANGE 31 EASTT, SEMINOLE COUNTY, FLORIDA. LESS THE SOUTH 340 FEET OF THE EAST 660 FEET THEREOF AND RIGHT-OF-WAY OF RECORD. ar -.rte ,Mir 1 ----If i�m1 * iro. - 1 -. LOT 29 O. L PARCEL T I ' 4i t:a w.. x S�.�. .. ` LOT 31 I PARCEL 2 i I '-i e -.F.o. -wrov .iY ws t -- -J' If _� W .�, 8 Y .... ell f LOT 32 T S I mr.a RUMOR!Wile' • (xnnm WV ,! I I a We 111111 2 I i 7R7:: Ens- _.__ _.._-`._ _. " awnorr•• 17••• !UR a�K001. fA LOT 33 Z...::r . .�w^::w.w'}'.w C. ....r.�..S""' 5-PER donse-$NtXETOV PROECT NO.PRE-50.5 ,M: ZENEM IWOMOZ74s4"—=='@.YRL75ii' N-PER MARINO LOCKUN J013 19IOtWO, OmPlOc SCN.f .w. BOUNDARY SURIEY 0" HAW■PER'RED HARMON SE 4MS SC/RWY - mwci r ~ r-Pot'RED 9rtuAUS Mora � � T r * A .'a+ . Ip-sET NAIL At DISK t05TT7' ,Y..'.»'a jy%.41 6..SET 1/1'IRON ROD&CAP 7.e5777 r AL r.tee JIM "A1 • EXHIBIT "E" 10 - r LEGAL DESCRIP170N: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3 TOWNSHIP 21St RANGE 315 THENCE S 0000'47'E, A DISTANCE OF 1144.00' TO TT'IE POINT OF BEGINNING HAVING ESTABLISHED GRID COORDINATES OF N 1585751.1074 E 587895.6124, OF ZONE EAST OF FLORIDA COORDINATE SYSTEM THENCE S 89'52'43"E, A DISTANCE OF 660.31 TO A POINT HAVING GRID COORDINATES OF N 1585755.1481, E 588556,9100, OF SAID ZONE EAST; THENCE N 00'10'01: A S DISTANCE OF 340400. TO A POINT HAVING GRID COORDINATES OF N 1586095 1366, 5 588554,111 0, OF SAID ZONE EAST; THENCE S 8952'43'E A DISTANCE OF 640.00' TO THE POINT OF TERMINUS. SAID POINT HAVING GRID I COORDINATES OF N 1586099.0524 5 589194.0990 OF SAID ZONE EAST. 1 L.--semeltsge POO N0ro1 s L -1.3111Z---) r--- r� - T �— 49nra ROW Me 1 is ^r""""ot' ■•' W \ .\ 0,_ .. t 1 , • ! - 1 M frNMdrdsr ! r reassc 7151 d Qs'J2rr3'2 e4R90' w,- M i 1 r I • ili • / l if r . riot r W J fbctiwk0 WV I t N1151117447021 N i0p704HN fNV+rrerev i s.85r43 a rAen 0 c s rsrcrrap 0.87. ,,5URVEY R'S REPORT. :}! 11 Iw.a..e a eow�y*my 2) Oates*fr•basest ow 1be reef reo of stollen 2 or idyl SDOWVO-C(••••••••) 'j 31 Oohs*no o eesrW,pty 510 band on Semen*county 9516.,points 0278 02,9/270r4 •1 t) lb.9.rTvr bas not abstracted Na lewd*Owns*snot for easements entf/or*Me.1.1Y Oaf afet ., 30)I 7A*r eaY hwrleffen eac0196 ar baoranae.afs how boon a4MPt.7.o.4 77 nom L T o•infilas an pis 7�Nat arc oaf noaded an MO saw Leaf m. N.lover w The outgo tenet*N Ole counts ',i 0 Ms rupee rs*preparsa 4r the bitsfidee of p,.md propel),Sikh 1nvitt a nerobl.parn'67e dole a eer wlgt oNaf Man Mac shooe on Me wrcos 9) Improarwonfs rfNfi Melt harm and k r ow•par!et epeefro eaarngN hew not been foe*fsd a•par!et fhb syrupy.i SKETCH OF LEGAL DESCRIPRON g 27 10 `r""dN,a ;x""" PSSARIci0 Loma• 09103.2 1" ee 200 r°'' Professional Ra 7 Surveyor troan No.4742 Hopper • CITY OF HINTER SPRINGS ' wane without the*nature end ue e,gfoa d LEGEND sad of•MM.fk ea,,d.w,.yar and r+eFF'r MC.PONT OF COMM9Nfaf11NT �_— P08.PONT OF rEQ7sfNG lil POT.POINT of TERMINUS SURVEYING & MAPPING CORP. ` 51St S.Ban Cowin"(92. edo.I F6 32765 ^ P.O.a law (ce 140 7 365- 3 3E762 GyT vale.14077 ass-ifgr Fox 14077 763-1030 'Unless Noted Otherwise' Licensed businrss No.5777 N B BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. D Attorneys at Law 111 N. Orange Ave.,Suite 2000 P.O.Box 2873 Orlando,Florida 32802-2873 Katherine W. Latorre Phone(407)425-9566 Board Certified City,County&Local Fax(407)425-9596 Government Law klatorre @orlandolawnet June 13, 2012 Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: Boundary Line Agreement Dear Andrea: Enclosed for safekeeping is the original recorded Boundary Line Agreement between the City of Winter Springs, Thomas Minter and Donald Weaver. Should you have any questions regarding this matter, please do not hesitate to call. Sincerely, ate Latorre Ft.Lauderdale(954) 670-1979•Kissimmee(321)402-0144•Cocoa(866)425-9566 Website:www.orlandolaw.net•Email: firm @orlandolaw.net