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
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LOT 29
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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
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., 30)I 7A*r eaY hwrleffen eac0196 ar baoranae.afs how boon a4MPt.7.o.4
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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
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MC.PONT OF COMM9Nfaf11NT �_—
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POT.POINT of TERMINUS SURVEYING & MAPPING CORP.
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'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