HomeMy WebLinkAboutMeritage Homes of Florida, Inc. - Encroachment License Agreement 2015 09 28Prepared by:
Kimberly R. Kopp, Assistant City Attorney
Garganese, Weiss & D'Agresta, P.A.
P.O. Box 2873
Orlando, FL 32802 -2873
Return to:
City Clerk
City of Winter Springs
1126 E. State Road 434
Winter Springs, FL 32708
ENCROACHMENT LICENSE AGREEMENT
This Encroachment License Agreement ( "Agreement ") made this 14 day of
2015, by and between the CITY OF WINTER
SPRINGS, a Florida municipal corporation, (hereinafter referred to as "City "), whose address is
1126 E. State Road 434, Winter Springs, Florida 32708, and MERITAGE HOMES OF
FLORIDA, INC., located at 5337 Millennia Lakes Blvd., Unit 410, Orlando, Florida 32839,
(hereinafter referred to as "Owner ") whose address is
�J ( � V' x LACE LOK C. 't VGA, ? i ke ` l , ( V- t C+A`l ..f`i, '
WHEREAS, Owner presently owns that certain property generally located at 697 Seven
Oaks Blvd., Parcel Identification Number 28- 20- 30 -5TK- 0000 -1380, more particularly described
and depicted on Exhibit "A" attached hereto ( "Property "), which Property contains a 20 -foot
wide planned development boundary setback ( "Boundary Setback "); and
WHEREAS, the Property Owner desires to build a single— family residence that
encroaches approximately seven (7) feet into the Boundary Setback as depicted in Exhibit "A ";
and
WHEREAS, the parties hereto wish to enter into this Agreement to allow such
improvements to encroach into the Boundary Setback, subject to the conditions of this
Agreement.
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the
parties agree as follows:
1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference.
2. Authorization for Encroachment. The City hereby authorizes and allows
Owner's proposed single family residence improvements to encroach into the Boundary Setback,
but only to the extent depicted on Exhibit "A ". The Owner agrees that the Owner will not
encroach any more than the depicted encroachments. In no event shall such encroachment
exceed seven (7) feet into Boundary Setback.
This Agreement shall inure to the benefit of and be binding upon the respective
heirs, personal representatives, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals hereto on
the day and year first above written.
WI
SSES.
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STATE OF FLORIDA
COUNTY OF
CITY OF WINTER SPRINGS, a Florida
mun* i all corporation
I n
C C
l rns i U 9 -Mayors i
ATTEt,,_'7,
An a �.or'e—nzo-Luaces, ('i',y Ciark
The foregoing instrument was acknowledged before me this 2-�-" day of
2015,byCh --a Pyor of Winter Springs, who is personally known to
me or has produced as identification.
gN YNotary Public State of Fl Oda Notary Public —State of Florida
Antonia Della Donna
MY commission FF 152695 Print Name: 0" '6'�)
Expires os/20/2018 My Commission expires: �
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WITNESSES:
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STATE OF FLORIDA
COUNTY OF
ME HOMES OF FLORIDA, INC.,
By(A��
'c
111KA
The foregoing instrument was acknowledged before me this I I day ofsej-,±-mloer,
2015, by PJO as C) R-e.Sj(UjTof MERITAGE HOMES
_L�j yj 2j U
OF FLORIDA, INC... a Florida corporation, He isersoijq I known to me or has produced
Ily -
as identification.
R 'PT P& NOTARY PUBLIC
Notary PublIC State of Florida , I , n
-el 0 0
Amy Steiger Print Name ry I tj 'D
K MY Commission FF 217345
EXPWeS 041OW2019
E I My Commission expires:
EXHIBIT A
SEvrN a4KS BUD
CENTERLINE OF Sr PLATTED RIV
EDGE OF PV14T.
o�.
F57-,o
C
N,04.46'22 -E.
>' w 7oci
WKWATLA
A1C
= AIR CONDITIONER
FFE
= FINISHED FLOOR
REAR
ELEVATION
CONC
= CONCRETE
PD BOUNDARY
-WAY
PC
= POINT OF
I HEREBY CERTIFY.•
CURVATURE
64.4
= PROPOSED GRADE
SCALE: 1- = 20
PER APPROVED PLANS
BW =
BOTTOM OF WALL
TW =
TOP OF WALL
SITE DATA
(TO EASEMENT LINE)
LOT 7271 SF
UNDER ROOF 2641 SFF
CONC ON LDT 483 SF.
SOD ON LOT 4147 SF:
CONC IN R!W 392 S.F.
SOD IN R/V 222 S.F.
MINIMUM SETBACKS
FRONT
25 FEET
SIDE
5 FEET
REAR
10 FEET
SIDE STREET
10 FEET
PD BOUNDARY
20 FEET
NOTES
1. BEARINGS BASED ON THE
W. LINE OF LOT 138 AS
BEING N.04'46"22 E (PER PLAT).
2. THIS IS NOT A SURVEY.
J. SUBJECT TO EASEMENTS
AND RESTRICTIONS OF RECORD.
4. SUBJECT PROPERTY DES
IN ZONE "X, PER FLOOD
INSURANCE RATE MAP
PANEL 112117C0155F;
DATED 9128107, AND
LIES OUTSIDE THE 500 -
YEAR FLOOD PLAIN.
Curve number i
Radlus= 175.00
Delta= 10'57'12'
Arc= 33.46
Tangent= 16.78
Chord= 3340
Chord Brg, N.00.42'14'W.
PLOT RM
1
DESCRIPTION,
LOT 138, SEVEN
OAKS, AS RECORDED IN PLAT BOOK 77, PAGES
85 THROUGH 91,
PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA
CERTIFIED TO:
I HEREBY CERTIFY.•
DATE. 716115
MERITAGE HOMES
THAT THIS PLOT PLAN MEETS THE
SCALE: 1- = 20
OF FLORIDA, INC.
MINIMUM TECHNICAL STANDARDS
MERIMARK TITLE, LLC
SET FORTH BY THE FLORIDA
BOARD OF LAND SURVEYORS IN
f5- SO138PP
JOB NO.
OLD REPUBLIC NATIONAL CHAPTER 5J -17, FLORIDA
MCMAHON SURVEYING
TITLE INSURANCE COMPANY ADMINISTRATIVE CODE.
AND MAPPING, LLC
ATTORNEYS' TITLE
- -
245 SAN MARCOS AVENUE
FUND SERVICES, LLC
n
SANFORD, FLORIDA, 32771
THOkfAS J. MCMAHON
PHONE 407 -328 -7201
FL REG LAND SURVEYOR 14887 CER77FICATE OF AUTHORIZATION L67434
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER
5337 Millenia Lakes Boulevard, Suite 410
Orlando, [L32839
407'712'8640;407-712'8688(baz)
TO:
City of Winter Spring
1126 East 434
Winter
WE ARE SENDING YOU:
O
Shop Drawings
O Copy ofletter
0 Attached
O Prints
11 Change Order
LETTER OF TRANSMITTAL
E] Delivered Via: Mail
El Plans EJ Samples
El Specification
COPIES
DATE
NO.
DESCRIPTION
Seven Oaks Encroachment Agreement
THESE ARE TRANSMITTED mschecked below:
[] For approval [] Approved aasubmitted
[] Foryouruou LJ Approved oonoted
[] As requested LJ Returned for corrections
O For review &comments
O FOR BID DUE
______
REMARKS:
[] Resubmit copies for approval
LJ Submit for distribution
LJ Return corrected prints
[] For Signature
COPY TO: SIGNED: