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HomeMy WebLinkAbout2008 01 14 Public Hearings 501 Resolution 2007-53 Vacating 73-Square Foot portion of Blumberg BoulevardCOMMISSION AGENDA ITEM 501 January 14.2008 Meeting REQUEST: Consent Informational Public Hearing x Regular ~~~lp~U~ Mgr. / ~ Att. / Dept. The City Attorney's office requests the City Commission approve Resolution 2007-53, vacating a 73-square foot portion of Blumberg Boulevard and conveying same to Tuskawilla Associates, LLC, the only adjoining private property owner. PURPOSE: The purpose of Resolution 2007-53 is to vacate a 73-square foot portion of the Blumberg Boulevard right-of--way and to convey the right-of--way to Tuskawilla Associates, LLC. APPLICABLE LAW AND PUBLIC POLICY: Chapter 166, F.S. Florida Municipal Home Rule Powers Act Section 17-27, City Code Vacating and abandoning streets and alleys CONSIDERATIONS: On May 29, 2007, the City Commission was advised of a request made by Tuskawilla Associates, LLC to acquire a 73-square foot portion of Blumberg Boulevard to accommodate an encroachment from Town Center Building 17. The right-of--way encroachment was discovered during the preparation of the finished floor elevation and foundation survey and is a result of a minor miscalculation of the building setback on the original building foundation survey. Page 1 of 2 The City Commission agreed to vacate the 73-square foot portion of the Blumberg Boulevard right-of--way and to convey that portion of the right-of--way to Tuskawilla Associates, LLC at fair market value. The fair market value of the right-of--way was estimated at $803.00. Tuskawilla Associates, LLC has already remitted payment to the City for the fair market value of the right-of--way plus fees for recording and documentary stamps. STAFF RECOMMENDATION: The City Attorney recommends the City Commission approve Resolution 2007-53 vacating the 73- square foot portion of the Blumberg Boulevard right-of--way and convey same to Tuskawilla Associates, LLC.. ATTACHMENT: Resolution 2007-53 COMMISSION ACTION: On May 29, 2007, the City Commission agreed to vacate the 73-foot portion of the Blumberg Boulevard right-of--way and dedicate the right-of--way to Tuskawilla Associates, LLC. Page 2 of 2 RESOLUTION N0.2007-53 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, VACATING A 73-SQUARE-FOOT PORTION OF BLUMBERG BOULEVARD RIGHT-OF-WAY LEGALLY DESCRIBED IN COMPOSITE EXHIBIT "A," ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, WHICH SHALL RESULT IN THE VACATED RIGHT-OF-WAY BEING CONVEYED TO THE ONLY ADJOINING PRIVATE PROPERTY OWNER, TUSKAWILLA ASSOCIATES, LLC; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City is currently involved in constructing and permitting the Winter Springs Town Center in accordance with the goals, policies and objectives stated in the City's Comprehensive Plan and City Code; and WHEREAS, the Winter Springs Town Center is a major development project that consists of hundreds of acres of land located approximately within the center of the City and said Town Center is of substantial public importance to the City and its citizens; and WHEREAS, Building 17 of Winter Springs Town Center project is encroaching into the Blumberg Boulevard Right-of--Way; and WHEREAS, the City does not need the vacated right-of--way to provide connectivity of roadways or to handle anticipated traffic; and WHEREAS, on May 29, 2007, the City Commission agreed to vacate a 73-square-foot portion of the Blumberg Boulevard Right-of--Way, thereby conveying said vacatedRight-of--Way to the only adjoining private property owner, Tuskawilla Associates, LLC,; and WHEREAS, the City Commission of the City of Winter Springs finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Vacation of Right-of-Wav Authorized. The City Commission hereby authorizes the vacation of the 73-square-foot portion of Blumberg Boulevard Right-of--Way, which City of Winter Springs Resolution ?007-~3 Page 1 of 2 is legally described in Composite Exhibit "A," attached hereto and fully incorporated herein by this reference. Said vacation shall lawfully result in the City remising, releasing, quit claiming and conveying any and all interest in said vacated right-of--way to Tuskawilla Associates, LLC, as the only adjoining property owner. Section 3. Severability and Invalid Provisions. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. DONE AND ADOPTED at a regular meeting this day of , 2008. Jahn F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney City of Winter Springs Resolution 2007-53 Page 2 of 2 SKETCH OF DESK `PT ION VACATING RIGHT OF WAY LEGAL DESCRIPTION: Composite Exhibit "A" A PORTION OF 81UMBERG BOULEVARD, A5 RECORDED 1N OFFICIAL RECORDS BOOK 4560, PAGE 1527 AND A PORTION OF TRACT " A` (ADDITIONAL RIGHT OF WAY )WINTER SPRINGS TOWN CENTER - A REPEAT AS RECORDED IN PLAT BOOK 69, PAGES 96 THROUGH 98, PUBLIC RECORDS OF SEMINOLE COUNTY FLORIDA BEING MORE PARTICULARLY DESCR18E0 AS FOLLOWS: COMMENCE AT THE MOST EASTERLY CORNER OF LOT 2 WINTER SPRINGS TOWN CENTER - A REPLAY, AS RECORDED IN PLAT BOOK 69, PAGE5 96 THROUGH 98 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, f LORIDA; THENCE NT!•23'5I"W, ALONG A NORTHERLY LINE OF SA10 LOT 2, A DISTANCE OF 224.!8 FEET TO AN EASTERLY LINE OF SAID LOT 2; THENCE DEPARTING SAlO NORTHERLY LINE , N18.36'09"E ALONG SAID EASTERLY LINE, A DISTANCE OF 194.76 FEET FO THE SOUTHERLY RIGHT OF WAY LINE OF BLUMBERG BWLEVARD; THENCE DEPARTING SA/0 EASTERLY LINE Nll'23'56"W. ALONG SAlO SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 96.64 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE N71'23'56"W, A DISTANCE OF 73.00 FEETt THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE NI8'36'04"E, A DISTANCE OF I.00 FEET; THENCE 571°23'56"E, A DI5TANCE OF 73.00 FEET; THENCE 518`36'04"W, A DISTANCE OF 1.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.002 ACRES OR 73 SQUARE FEET MORE OR LESS SURVEYORS REPORT: 1. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTHERLY RIGHT OF WAY LINE OF BLUMBERG BOULEVARD BEING Nll'23'S6"W, PER PLAT BOOK 69, PAGES 96 THROUGH 98. LEGEND: POB POINT OF BEGINNING POC POINT OF COMMENCEMENT P8 PLAT 800K PG(S 1 PAGE( S 1 PSM PROFE55/ONAL SURVEYOR AND MAPPER R/W RIGHT .OF WAY OR8 OFFICIAL RECORDS BOOK LOCHRANE ENGINEERING. INC. L.B. No. 2856 THIS IS NOT A BOUNDARY SURVEY cDllSUrfrll9 ER(Jll~IS $UN8y0fS 201 Sauth 8umby Avenue.Orlando. Florida 32803 (4071896-33/7 PREPARED FOR: WSTC ASSOCfATFS,~LLCJ~ ~~ Christopher A. LoBerge ~ DATE: 05/Z2/2007 DRAWN 8Y: ECR PSM No. 60/4 REVISED: J08 No.: 03067,!1 NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL SHEET f OF 2 OF A FLDRIOA LICENSED SURVEYOR AND AlAPPER SCALE: N/A SKETCH OF DESt ~PTION ~oor~N,,,VACATING RIGHT QF WAY 4C Rih; pFR ORB ``` eC~ --``` ,~ - s ~6 ~S~ ~' TREET~pU~~~q ~' ` _ ~ih,R r 17~ eV•'~5 RQ T E CY~iRi ~rR ~, I ~ W v Pp Acr :~ p~_ / ~ i ~ i ~\ ~i O SEE o f ~C a _ Q^ ^ta ti O v ,kr W J .^~i v ?~ ~~ ~~ l ADDITIONAL R/W PER P.8 69, PGS 96-981 ---- _, i~~ DETAIL "A" `~~~ ~~ NOT TO SCALE ~ ~ n~ ~ ~ v ~~ ~ I ~ 1 11 ~~ /ode V ! ~ ~ ~ ~ ~ ~i ~~\` ~~i TyE C B ' ~ R,NG PoRT ~ e ghTC~NCC S ~ ,' ~ 5 ~~E SS!/P WiyTER SP,QP GS TOT 2 NORTyERCY 6 6g. ~S ~isyygR'A REP M/23S~pN' ~2E CDT 2 ~R,yE ~SOC,gCY G4 T 4,ig• CpT 2 Apr I"=6d' COURSE BEARING DISTANCE Ll N7!°23'56"W 46.64' L2 NTI °23'56"W 73.00' L3 N!8°°36'04°E 1.00' L4 57/'23'56"E 73.00' L5 S18 °36`04"W 1.00' LS 571 `23'56 "E 60.17' i /~ i~ % ~ Q / ~ i i ~ ~ J~ ~i ~~ f ~~J 7 ~ ~ ~ ~ /,, ,3~ ~ ~/ ~~~ i i ~ i ~ ~' ~Q ~ 'h ~ Lj / ~~~ i ~~ ~ '~~J /40~ , I i ~ / ~ i i % i ~ THIS IS NOT A BOUNDARY SURVEY Conscllting Engineers • Surveya's. 201 South Bumby Avenue.OrlandaFlorlda 32803 14071836-3317 PREPARED PoR: TUSKAWILLA ASSOCIATES, LLC wcrn ncrnran rcc r r ~ DATEr 05/22/2007 REVISED: SCALEr f" 6O' DRAWN BYr ECR JOB No. r 03067.!7 SHEET 2 OF 2 (~-.. <c ~\ OJ. .. , 111111111111 111 11 11111111 11 11111 III 1111111111 1111111 1111111' RESOLUTION NO. 2007-53 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, VACATING A 73-SQUARE-FOOT PORTION OF BLUMBERG BOULEVARD RIGHT -OF -WAY LEGALLY DESCRIBED IN COMPOSITE EXHIBIT "A," ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, WHICH SHALL RESULT IN THE VACATED RIGHT-OF-WAY BEING CONVEYED TO THE ONLY ADJOINING PRIVATE PROPERTY OWNER, TUSKA WILLA ASSOCIATES, LLC; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City is currently involved in constructing and permitting the Winter Springs Town Center in accordance with the goals, policies and objectives stated in the City's Comprehensive Plan and City Code; and WHEREAS, the Winter Springs Town Center is a major development project that consists of hundreds of acres of land located approximately within the center of the City and said Town Center is of substantial public importance to the City and its citizens; and WHEREAS, Building 17 of Winter Springs Town Center project is encroaching into the Blumberg Boulevard Right-of-Way; and WHEREAS, the City does not need the vacated right-of-way to provide connectivity of roadways or to handle anticipated traffic; and WHEREAS, on May 29, 2007, the City Commission agreed to vacate a 73-square-foot portion ofthe Blumberg Boulevard Right-of- Way, thereby conveying said vacated Right-of- W ay to the only adjoining private property owner, Tuskawilla Associates, LLC,; and WHEREAS, the City Commission of the City of Winter Springs finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Vacation of Right-of-Way Authorized. The City Commission hereby authorizes the vacation of the 73-square-foot portion of Blumberg Boulevard Right-of- Way, which City of Winter Springs Resolution 2007-53 Page 1 of2 ~t, ". i:1 ':I' e:' ~:'J -"'"I , ' ITI j:' fil ;,: ~~~: r:~ (:1-1 ~.<' C1'r (', .~,;.I :"':) i.... :-,::i r 'j rn .' r"', f) i"~j f'" .'" rn :";! ).:~ ....! () .;.,';1 ~'i.t -'; :e{. ~) ::::r /:; C' ...., (") (} L. ::(1 ():. ~~I ..,:;.. ('"', r'" ITI C) c)- f.... ":j'" ~::'I (./ -'q :.;.?~" I....' c::~ Ci ee, C:i i...., {:;:.\ 0'\ CiJ ""3;" C~l \:.1,\ Ij;:' Ci "1"1 Ie;' l..'i I.C" ,t." ...'. I.C) -,., ,r-.. .# ILl .~~?. :;(:1 rn Ci C) (::1 ,..... :.~) 1<' C\ C.J G) I.'. r~, \.-,1 Ch )~;.: ... , is legally described in Composite Exhibit" A," attached hereto and fully incorporated herein by this reference. Said vacation shall lawfully result in the City remising, releasing, quit claiming and conveying any and all interest in said vacated right-of-way to Tuskawilla Associates, LLC, as the only adjoining property owner. Section 3. Severability and Invalid Provisions. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Effective Date. This Resolution shall become effec!i:y,~,invnediately upon adoption by the City Commission of the City of Winter Springs." ';f;~ I' '\. \., ... ,t, "> " f"I'\ ',' , . < . . , /. . this /~ d~~Y Of~'''~~!4~<;~~,,''~008. 7-.:- ' ~ Jij..:P "r:' ~-: ' t j", v~'h ~~. ,/~~; . ;' .- ~ . Bush, May~r :~~J . L Ff' ~ l' DONE AND ADOPTED at a regular me . , . ATTEST: "~ ~-' ,', " v . '\ 1\".;," Approved as to legal form and sufficiency for the City 0 . nter Springs only: Anthony A. arganese, City Attorney o _ f 0 ~o>- 2.- 't?'7:? , ~l. ~ 3~<;(OL City of Winter Springs Resolution 2007-53 Page 2 of2 SKETCH 'OF DESt 'PT/ON :4oo/fA...... VACA TlNG RIGHT OF WAY DN4.('" R/"1;-- ... ... ~ A- -- ~/f'" 8...... oRe"'~...... 't.U4I, --:::::::...... ~. PG-...r;:IRs19cRC" "'-...- 1.6 IS2?-...!:_srRecr80(J./ ......--- SOy/: , -......, ,o8/("CV'/I::/--... (ADDITIONAL RIW .?'e/il<:;J ...... r....:. PG 5;" I'D - ~ PER P.B 69. PGS 96 -98 J l/il/H- PI'l R4Cr -.,- - - - - \ UNp vB 4ii"'- '''---- --, \ "'- I - '" ..... \. / 1./ ...- ,/ DETAIL "A" " ',../ / NOT TO SCALE " See .f - - - - -- I ::J " Oer4 ' \ 1<: '4" I \ I, <t) I \ " I \ ' \ \ \ , , ..... , ... 8 ~ ...----- 0;: ~OC/( "8~4(4tNIM .?'e <: . OR. 'G Pa eV'y G,' . "'ICIi,19rION A ;tj'ANr ~l<::s- '8 I. PG ~ l4/(!VITVcr JcsS{;,o H-INrelT S,oITIM l NOR" 'Gs ,. Or ~ , "f/PL::)/ ~ ,08 'OH-N c; ~/T"'F 59. PGs 2'Nrep, N?/~J"~ liNe l ""Q '98 IT 4 1Tc, ...JI"H- or 2 10<:4 r <2<1,18' ~. , cv ~ YJ.' t) ~ " ..~ ~ .P) ~ !o ..I." ."'5 ~ ~ ~ ti tJ (0;- ". ti ~ 31: 0:: ~ ~ ~ ~ I" =60' COURSE BEARING DISTANCE NTI02.J'56"W NTlo2.J'56"W NI80J6'04"E S71 02.3'56 "E S18036'04"W 57I02.3'56"E 46.64' 73.00' 1.00' 73.00' 1.00' 60.17' Itj ~ ~ ~ $;! ~ :a :a ,0 ~ III LI L2. LJ L4 L5 L6 I I I I / ,. -'" JlOSr POC CoRtVe~4Src/il/ <:Or ",y < I , / I / I ("'\ . I _'J / "\ I ,,~/.~ ,/ / ri:::! . ~ ,I ~ I ,,- / ~ / ~ ". / ,<;' ~ / I ~ I "V 'R' . I ~ ,}. I N / -, / I ~ ">~ I ~ . ~ ' , J.~ .c!f I ~ /.s-: ;' I c.,' _" I ~ . v . I ~ 0\J I .l' /~ / I ~ @ I r;S '~ .. I " I,sJ.I ~ ,I / I 1..' / ~ / I I . " , I.' , I I / 0 ' I I I , , / I / ;' I THIS IS NOT A BOUNDARY SURVEY LOCHRAME Consultlng Engineers . Survejors' 2.01 South Bumby Avenue. Orlando. Florida 32803 1407J 896-3317 PREPARED FOR' TUSKAWILLA ASSOCIATES. LLC . WSTC ASSOCIA TES. LLC DATE, OS/22/2007 DRAWN BY: feR REVISED: JOB No.: 03061.17 SCALE, ,. = 60' SHEET 2 OF 2 .- . SKETCH 'OF DESt 'PTION VACA TING RIGHT OF WAY Composite Exhibit" A" LEGAL DESCRIPTION: A PORTION OF BLUMBERG BOULEVARD. AS RECORDED IN OFFICIAL RECORDS BOOK 4560. PAGE 1527 AND A PORTION OF TRACT" A" (ADDITIONAL RIGHT OF WAY)WINTER SPRINGS TOWN CENTER - A REPLA T AS RECORDED IN PLAT BOOK 59. PAGES 95 THROUGH 98. PUBLIC RECORDS OF SEMINOLE COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST EASTERLY CORNER OF LOT 2 WINTER SPRINGS TOWN CENTER - A REPLAT. AS RECORDED IN PLAT BOOK 59. PAGES 96 THROUGH 98 OF THE PUBUC RECORDS OF SEMINOLE COUNTY. FLORIDA; THENCE N71'23'51"W. ALONG A NORTHERLY LINE OF SAID LOT 2. A DISTANCE OF 224.18 FEET TO AN EASTERLY UNE OF SAID LOT 2; THENCE DEPARTING SAID NORTHERLY UNE . NI8'35'09"E ALONG SAID EASTERLY UNE. A DISTANCE OF 194.76 FEET TO THE SOUTHERLY RIGHT OF WAY LINE ' OF BLUMBERG BOULEVARD: THENCE DEPARTING SAID EASTERLY LINE N71'23'56"W. ALONG SAID SOUTHERLY RIGHT OF WAY UNE. A DISTANCE OF 46.64 FEET FOR A POINT OF BEGINNING: THENCE CONTINUE N71'2J'56"W. A DISTANCE OF 73.00 FEET: THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE NIB'36'04"E. A DISTANCE OF 1.00 FEET: THENCE S71'23'56"E. A DISTANCE OF 73.00 FEET: THENCE SI8'36'04"W. A DISTANCE OF 1.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.002 ACRES OR 73 SQUARE FEET MORE OR LESS SURVEYORS REPORT: I. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTHERLY RIGHT OF WAY LINE OF BLUMBERG BOULEVARD BEING N71'2J'56"W. PER PLAT BOOK 69. PAGES 96 THROUGH 98. LEGEND: <: ~ t.l ~ 3:: 'l: ~ g ~ < it ~ .. .., ~ "- <: ~ "- ~ " it .., '" <: ~ LOCHRANE ENGINEERING. INC. \. L.B. No. 2856 PaB POC PB PG(S) PSM R/W ORB POINT OF BEGINNING POINT OF COMMENCEMENT PLAT BOOK PAGE( S ) PROFESSIONAL SURVEYOR AND MAPPER RlGHTOF WAY OFFICIAL RECORDS BOOK THIS IS NOT A BOUNDARY SURVEY LoeRHANE ~ 0:; 3:: ~ ~ Christopher A. LaBerge ~ - PSM No. 6014 Q s;- NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL '" OF A FLORIDA LICENSED SURVEYOR AND MAPPER Consultlng Englneers . Surve;ors 201 South Bumby Avenue. Orlanda. Florida 32803 (40lJ 896-33/7 PREPARED FOR: ~~~~A~~~CI~~~~:'t[tS. LLC DATE: OS/22/2007 DRAWN BY: fCR REVISED: JOB No.: 03067.fl SCALE: N/A SHEET I OF 2