HomeMy WebLinkAboutResolution 2015-11 Easement Vacate at 155 Cherry Creek Circle MARYANNE MORSE, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
BK 08454 Pgs 0369 — 372; (4pgs)
CLERK' S # 2015042334
RECORDED 04/20/2015 09:39:00 AM
RESOLUTION NO. 2015-11 RECORDING FEES 35.50
RECORDED BY H Deft^.
A RESOLUTION OF THE CITY COMMISSION OF WINTER
SPRINGS, FLORIDA RELATING TO THE VACATION OF A
PORTION OF 10-FOOT DRAINAGE EASEMENT AND 5-FOOT
UTILITY EASEMENT WITHIN THE CITY OF WINTER
SPRINGS LOCATED ON LOT 35, THE RESERVE AT
TUSKAWILLA, PHASE I, AS RECORDED IN PLAT BOOK 48,
PAGES 31 THROUGH 40, PUBLIC RECORDS IN AND FOR
SEMINOLE COUNTY, FLORIDA; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the owner of real property generally located at 155 Cherry Creek Circle in
the City of Winter Springs, more particularly described herein, has requested the vacation of a
portion of a platted 10-foot drainage easement and 5-foot utility easement for the construction of
a 72-inch high landscape wall; and,
WHEREAS, the City of Winter Springs is not currently using, nor has any plans to use,
the subject easements; and
WHEREAS, each provider of utilities within the City of Winter Springs has indicated in
writing, copies of which are on file with the Community Development Department, that it has no
objection to the vacation of the subject easements; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this resolution to be in the best interest of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
WINTER SPRINGS, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The following recitals are true and correct and hereby fully
incorporated herein by this reference as part of this Resolution.
Section 2. Easement Vacation. The City Commission of the City of Winter
Springs hereby vacates a portion of a 10-foot drainage easement and 5-foot utility easement on Lot
35, The Reserve at Tuskawilla, Phase I, as recorded in Plat Book 48, Pages 31 through 40, Public
Records in and for Seminole County, Florida, as such easements are more particularly described and
depicted on Exhibit A, attached hereto and incorporated herein by this reference.
Section 3. Recording. Following adoption of this resolution by the City
4
Commission, the City Clerk shall record same in the Official Land Records for Seminole County,
Florida.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent
resolutions adopted by the City Commission, or parts of resolutions in conflict herewith,
are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase,
word or provision of this resolution is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, whether for substantive, procedural, or any other reason, such
portion shall be deemed a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions of this resolution.
Section 6. Effective Date. This Resolution shall take effect immediately upon
adoption by the City Commission.
RESOLVED by the City Commission of the City of Winter Springs, in a regular meeting
assembled on the 13thday of April , 2015.
n
,/
• A'
' CHt A •, ay
C .• er . ---i
-, 6v, r.
Ir ( 'V � -
•ll ' ; I' Y* RENZO-LUACES, City Clerk
Aiprove€Fs to legal form and sufficiency for
k,, the City, Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
Exhibit "A"
Drainage Easement - The ten foot drainage easement located upon Lot 35, of
the Reserve at Tuskawilla, Phase 1, according to the Plat thereof, recorded
in Plat Book 48, Page 31-40 of the public records of Seminole County,
Florida, as depicted by the cross-hatched markings on the attached Boundary
Survey, dated March 4, 1997, by Allen & Company Professional Surveyors and
Mappers.
Utility Easement - A portion of the five foot utility easement located upon
Lot 35, of the Reserve at Tuskawilla, Phase 1, according to the Plat thereof,
recorded in Plat Book 48, Page 31-40 of the public records of Seminole
County, Florida, from a point beginning fifty five feet from the front
property corner of Lot 35, northeasterly to the rear property corner, a
distance of approximately ninety five feet, as depicted by the cross-hatched
markings on the attached Boundary Survey, dated March 4, 1997, by Allen &
Company Professional Surveyors and Mappers.
BOUNDARY SURVEY
OF
LOT 35 THE RESERVE AT TUSKAWILLA, PHASE 1, ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 48, PACES 31-- 40 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA.
LOT GRADING TYPE "B"
r
F',
o
G/ Z
*?r 13 .P
O
a
, •
II■�
<m
REC 1/2"IR i i
= 04'02'50 LE x 5235 Sy LOT 4.r. a,g
R = 2196.11' /
L = 155.13' ` `"
b
`_
o G � ,c. REC 1/2'IR }
53� F : LB d 5235 v1
10 0
;
= �
.A = 91-0712" GZF' m
R = 28.00'
L. = 39.76' 2r
z mss. V ?%
Zr V 5 1
C'AZOFC` tii, dam' -yi
' SET 1/2•IR ' 1 r LOT 3
.. L9 d 5235 :$.YL 4
y111
i3G. /j / a
15 ?,$'9. 1
m
S N I
.1 1o.
SE'S 1/2"IR ~_''�•"1 En
LB d 5235
f.
A = 3810'48"/ C+HERRY / sEr,/Y i R/w
R 75.00' IV;1;i: — P
>= 49.98' ;� R RE-EI< C r R ..
0 = 02.55103"i � ---- f '
R = 1662.70'
L = 84.67'
Is\CERTIFIED TO: SCOTT&DENISE RITCHEY/SUNTRUST BANK OF CENTRAL FLORIDA N.A/MAGDIRC. VOORHIS&WELLS F.A./FIRST A.MER:CAN TILE WS.CO./
B.G.ADKINS CONSTRUCTION CO.INC./CITY OF WINTER SPRINGS BUILDING DEPT.
SURVEYORS NOTES:
4,,„,„,��� 1. THE SURVEYOR HAS NOT ABSTRACTED THE LAND SHOWN HEREON FOR CASEMENTS.RIGHT-OF-WAY OR RESTRICTIONS
OF RECORD VNIC-1 MAY AFFECT THE TITLE OR USE OF THIS'_AND
�`- 2. SUBJECT DWEWNC FALLS WITHIN TONE X ACCORDING TO THE F..R.M.MAP d 121170 Oi•5 E, DATED'-17-95.
I . 3. NO UNDERGROUND INSTALLATIONS OR IMPROVEMENTS HAVE ALEN LOCATED EXCEPT AS$HO:NN HEREON.
fi.::•. :,¢:_ 4. REPRODUCTIONS Cr'F.IS SKETCH ARE NOT VALID WT11OUT THE SIGNATURE P..1)ORIOINAL RRISED SEAL
3'u,��..."::''`'"' 4 OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
S. BEARINGS SHOW HEREON ARE EASED CN THE RECORDED P_AT(EAST LINE OF LOT 35 3FJNG N.09•21'57"U .
yy,, E. E.EVATIONS SHOWN HEREON ARE BASED ON SEMINOLE COUNTS DA1UM.
.a' Yl•
JOB N0, 99919 CALCULATED BY CMJ - FOR THE'FIRM'5y
FIDfeI;IOrICI SS`.X EAS S Moppgoo DATE: 3-4-97 FINAL DRAWN BY' H'* 0411%.1.k,
t*:••'' • 1'a aD" BJJ . .
1420 East Robinsors Street SCALE' CHECKED BY, y��-sV
BILLY JOE �.F.,PLS es /
1420 Flaido 32801 in OD Street FE_D er BR S'