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Home My WebLink AboutMinter, T. and Weaver, D. Boundary Line Agreement 2011 03 28 IN11I11MINII IIMNNNINMMNMNMNMNIIM11 MARYANN NORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY THIS INSTRUMENT WAS PREPARED BY DX 07555 Pp 1331 - 1342; (12pgf) AND SHOULD BE RETURNED TO: CLERK'S a:1 1038552 RECORDED Anthony A.Garganese,Esquire 04/12/2011 02:34:00 PN Brown,Garganese,Weiss&D'Agresta,PA. RECORDING FEES 101$0 /"h 111 North Orange Avenue,Suite 2000 RECORDED BY T Stith Post Office Box 2873 8, Orlando,FL 32802-2873 (407)425-9566 BOUNDARY LINE AGREEMENT �' IS BOUNDARX LINE AGREEMENT ("Agreement") is entered into as of the C--b day of 101'C.4h , 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 is 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 y 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 1 i • • Minter and Weaver desire to document the WHEREAS,Winter Springs, I correct corners to be utilized when the Parcels are surveyed to correct any I 1 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: I I 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 Exlllbjt"D" and Incorporated herein by this reference. The common`boundary Itne is more particularly and legally described as set forth In Exl'yibtt 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", "B", 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 lisreto and their respective: { i 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 • 1 - 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 L.awlVenue. 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 . 1 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 j presence of the following witnesses: Florida Municipal Corporation i By: // ,.�. _.„ Sig s� ture of Witness ,Charl Lacey, ay,f Printe me of Witness ATTEST:. Sig.etu,e of Wi - s By: --') .i AA a• An - . enzo-Luaces, City Clerk Printed Na ''of Wi -ss Date: -3/-?-'0A I STATE OF FLORIDA COUNTY OF SEMINOLE y, ( �T� ,foregoing instrum nt was cknowledged before me this day of `` , 20 ��by s s Mayor of the City of Winter Springs, Florida, a Florida municipal corpora on behalf of the corporation. 11 He is personally known to me or produced a Florida Driver's License as identification. to 1 P to Name: e — - i Notary Public, State of Florida at Large IMy commission expires: • "RYpV :o otary*Ii•rc tale o -' Andrea Lorenzo-Lua 0_ My Commission D04 Exores 05/09/2011 a 3 Signed, sealed and delivered in the THOMAS MINTER presenc of the $flow' itnesses: Si n ture di.. , itness !,-:-. Thomas Minter • ,ii-.7,64-?.."-ty__ A eKip Printed Name otness r l i Y•� Sig�nature of Witness • Printed Nam- of Witness STATE OF FLORIDA COUNTY OF SEMINOLE Th foregoing instrument was acknowledged before me thisoleAtlay of 2O4 by Thomas Min „A-le/she is personally known to me or produced Pi- n 1..fi(3F-/Q'-4*t -ad-identification. /C4.4.4dt1 I Printed Name: ,tIzi-o 455 • Notary Public, State of c 11 11 My commission expires: e Wit, CHARLOTTE S.MEEKS plti• . i Commission flw7oy Immix 8000,67019 j 4 Sign d, sealed a • delivered in the DONALD WEAVER pre nce o - fallowing witnesses: �i natur- o tnes Donald Weaver Printed Name of Witn-s Signature of Wiity, ss Printed Name/est Witness STATE OF /' COUNTY OF /,. �` The oregoing instrument,was acknowledged before me this lay of 20.4t, by Donald Wgja „DHe/she is personally known to me or produced/CL.p4 1✓/4 VAC "gat identification. /69A4-4-4 -4/ Printed Name: 12/102447TE S. Mak, Notary Public, State of My commission expires: ",L CHARLOTTE S.MEEKS 4 Commission DD 646203 t.= Expires May 17,2011 • Dondeamm,rroyrbw Inaurence00D4064010 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 '/ OF NW'/. Parcel Id. No. 03-21-31-300-0080-0000 SEC 03 TWP 21S RGE 31E NW Y4 OF NW' . (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 03TWP21S RGE 31ES340FTOFE330FTOFNW1/4OFNW1/4 (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 % OF NW '/ (2.57 AC). • { 7 EXHIBIT "C" Weaver Property Parcel Id. No 03-21-31-300-0090-0000 LEG SEC 03TWP21SRGE31EW1/2OFSW1/4OFNW'/. { { 8 EXHIBIT "D" • • • i • • • '.j 9 1 EARRIWIToN EITAT 2 N x M r ly 4 N- ---------(._.—._i---..--ar .....-...., . i II 1. ; „i) a A 11 g i w . i R gl. i ' Mi I 1 4 A a xl,i M totlift N war-.-.-.r.. iii iii ilit ti e0wv � � EE11114 0 •I/f"MIN MO' 11'1; Al . . !Ifill 1 - , 1 I % ..,:\ I il!, 1 x! l ill 11 G b a g II 1 CI ) A • .! I 4 "I m ` i s III • C:3 "lull • ':: ,: Vi 4 Flitilliji 1 . hilt lit 111:1 111 ill . 1 i. q I:1 ij PI 1 hi I • • i EXHIBIT "E" i 1 3 'i 1 i 10 • LEGAL DESCRIP710M • COMMENCE AT THE NORTHREST CORNER OF SECTION 3. TOIWISINP 215, RANGE Jip THENCE S 0010047'E. A DISTANCE OP 1144.00' TO THE POINT OF BEGINNING HAVING ESTABLISHED GRID COORDINATES OF N 1555751.1074 E 587898,8124 OF ZONE EAST OF FLORIDA COORDINATE SYSTEM; THENCE S 8912'4J'E. A INSTANCE OF 860•1 10 A POINT HAVING GRID COORDINATES OF N 1•85858.1481. E 888558.2100, OF SAID ZONE EAST THENCE N count; A INSTANCE OF 344200. TO A POINT HAWNO GRID COORDINATES OF N 138008x1386, E 588584.1114 OF SAID ZONE I EAST; THENCE S 8952'4,3'& A DISTANCE OF 840.00' IV THE POINT OF TERMINUS, SAID POINT HAVING GRID COORDINATES OF N 15860811051 E 5891114•0990 OF SAID ZONE EAST. • • • _ • • wC-. 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