TOWNE PARK COMMUNITY DEVELOPMENT DISTRICT 

Easement Variance Policy 

Effective: April 2, 2024 

1. Scope. This policy applies to requests to construct/install improvements within easements held by the 
Towne Park Community Development District (“District”). No improvements, including fences, 
pavers, landscaping, etc., may be constructed or installed within District easements without approval 
from the District. This policy is intended to prevent damage which may be caused by unauthorized 
obstruction of District easements. 
2. Request Procedures. Individuals who wish to construct or install improvements within a District 
easement must (a) submit an application form to the District Manager or his or her designee, and (b) 
pay a $75 fee to offset the costs of processing the request. The application must be signed by the 
owner(s) of the property. Please note that fences and other improvements may not be permissible in 
certain easement areas due to underground improvements, access and maintenance requirements, or 
other factors in the District’s discretion. 
3. Approval. If approved, the owner(s) of the property must execute an agreement in a form acceptable 
to the District, which shall be recorded in the Public Records of Polk County, Florida. The District 
Manager shall have authority to approve applications. There shall be no requirement to bring the 
application before the Board of Supervisors (“Board”) for approval, unless extraordinary circumstances 
warrant Board consideration. The District’s approval of an application constitutes approval from the 
District only. The requestor is responsible for obtaining any other necessary approvals, permits and 
authorizations for the project, including but not limited to approvals from an HOA, county, 
municipality, or any other entity having an interest in the project or property utilized 




4. Denial. The District reserves the right to deny any request that, in its sole discretion, poses an undue 
risk of damage to District property or improvements; unduly limits the District’s rights to use the 
easement for its stated purpose; poses an undue risk to the health, safety, or welfare of District residents, 
guests, staff, and invitees; and/or is otherwise incompatible with the nature of the easement in question. 
If a request is denied, the requestor may appeal the denial at the next meeting of the Board that is at 
least ten (10) days from the notice of denial. The Board’s decision upon appeal shall be final. 
5. Encroachment Without Approval. If improvements are constructed or installed within a District 
easement without approval, the District reserves the right to take all available legal action against the 
person or entity engaging in such unauthorized use. 
6. Severability. The invalidity or unenforceability of any one or more provisions of these policies shall 
not affect the validity or enforceability of the remaining provisions, or any part of the policies not held 
to be invalid or unenforceable. 
7. Sovereign Immunity. Nothing herein shall constitute or be construed as a waiver of the District’s 
sovereign immunity or limitations on liability contained in Section 768.28, Florida Statutes, or other 
statutes or law. 





TOWNE PARK COMMUNITY DEVELOPMENT DISTRICT 
Easement Variance Request 



Name of Owner: __________________________________________________________________ 

Address: ________________________________________________________________________ 

Telephone: ______________________________ Email: __________________________________ 

Description of proposed improvement (please attach a detailed survey sketch showing the proposed location 

of the improvement): _______________________________________________________________ 

_________________________________________________________________________________ 

Proposed installation commencement date: ______________________________________________ 

Acknowledgements (please initial by each): 







_______ 





_______ 





_______ 





_______ 

I acknowledge that any approval is only for the improvement(s) as specified in this 
request, and that if my plans change, I must file a new variance request. 
I acknowledge that approval of this variance request is approval from the Towne 
Park Community Development District only, and that I am responsible for obtaining any 
other necessary approvals, including but not limited to approvals from any HOA, County, or 
any other entity having an interest in the property, as applicable. 
I acknowledge that if this variance request is approved, I will be required to execute 
a Variance Agreement, which will be recorded in the official records of Polk County, 
Florida. No improvements may be installed until the Variance Agreement is executed and 
recorded. 
I acknowledge that this variance request must be made by the legal owner of the property. I 
certify that I am the legal owner of the property. 







____________________________________ _________________________________________ 

Owner’s Signature Print Name 

____________________________________ 

Date 



Please submit this completed form to the District Manager by email at tadams@gmscfl.com, or by mail 
at c/o Governmental Management Services, 219 E. Livingston St., Orlando, FL 32801.