11-2328 Enroachment Agreement - 1201 Lancelot Way

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RESOLUTION 11-2328 "A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING THE EXECUTION OF AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF CASSELBERRY AND LESLIE M. DAVIS, JR AND BARBARA A. DAVIS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE." WHEREAS, Leslie M. Davis, Jr. and Barbara A. Davis (Davis) applied for a Building Permit to replace a shed on their property at 1201 Lancelot Way, Casselberry; and WHEREAS, Davis desires to place the shed in a portion of recorded side and rear yard utility easements; and WHEREAS, the Public Work Department requires an Encroachment Agreement from Davis as a condition to the issuance of a Building Permit for a shed within recorded side and rear yard utility easements; and WHEREAS, Davis has agreed to comply with the requirement to provide an Encroachment Agreement; and WHEREAS, City staff has reviewed the Encroachment Agreement presented herein and finds the Agreement favorable to the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION I. The City Commission of the City of Casselberry hereby approves the Encroachment Agreement between the City of Casselberry and Davis (attached as Exhibit "A") and authorizes the Mayor to execute said document(s) on behalf of the City. SECTION II. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION III. Severability. If any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Resolution. SECTION IV. Effective Date. This Resolution shall become effective immediately upon its passage and adoption. PASSED and ADOPTED this A day of D!C� , AD 2011. ATTEST: onna G. Gardner Charlene Glancy City Clerk Mayor/Commissioner