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HomeMy WebLinkAbout2006 07 24 Public Hearing 203 Williams lot split COMMISSION AGENDA ITEM 203 Public HeariDl~ X July 24. 2006 Meeting Mgr. / Dept , REQUEST: Community Development Department requests that the Commission approve the Williams lot split, and authorize its recordation. PURPOSE: The purpose ofthis agenda item is to approve and authorize recordation of the Williams lot split. The applicant wishes to divide an existing 1.675 acre parcel (Lot 2, Tuscawilla Tract 15, Parcel l-C, recorded in Plat Book 56, pages 29-32 of the public records of Seminole County, Florida) into 2 lots, one 0.603 acre lot (Seminole Trail Animal Hospital site) and one 1.072 acre lot (no development plans at this time). APPLICABLE CODE: Section 9-1. Definitions. Section 9-2. Division of land; City Commission approval required. Section 9-3. Dividing platted property. Section 9-4. Waiver to subdivision requirements. Section 9-10. General Criteria for Approval. Section 9-11. Lot Splits. Chapter 20. City Code Section 2(b), Article VIII, of the State Constitution Chapter 177, Florida Statutes. Chapter 197, Florida Statutes (Section 197.333 When taxes due; delinquent). CONSIDERATIONS: The 1.675 acre site is located within the Tuscawilla Planned Unit Development (PUD), on the west side of Vista willa Drive, north of the intersection with the Cross Seminole Trail and just west of the entrance to Eagles Watch. The site has a Commercial Future Land Use designation and PUD zoning. The final engineering/site plan and aesthetic review for the Seminole Trail Animal Hospital were approved at the April 24, 2006, Commission meeting. The site is an out-parcel of what was formerly known as the Kash-N-Karry shopping center July 24, 2006 Public Hearing Agenda Item 203 Page 2 and utilizes the existing adjacent storm-water facility. The storm-water facility was engineered to accommodate the runoff from both this site and the other out- parcel (Colonial Bank site). The site has been posted, to notify the public of the proposed lot split (although not required by Code). Staffhas reviewed the application and believes that the application is consistent with all of the criteria set forth in Section 9-10 (General Criteria for Approval): (a) The application is in compliance with the provisions of this chapter and applicable law. Yes (b) The application is consistent with the city's comprehensive plan and applicable city master plans. Yes (c) The application is compatible and in harmony with the surrounding neighborhood including with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previously approved by the city commission. Yes (d) The application does not create any lots, tracts of land or development that do not conform to the city code. Yes (it does not create non- conforming lots) (e) The applicant does not create burdensome congestion on the streets and highways. Yes (it does not create congestion) (t) The application promotes the orderly layout and use of land. Yes (g) The application provides for adequate light and air. Yes (h) The application does not create overcrowding of land. Yes (it does not create overcrowding) (i) The application does not pose any significant harm to the adequate and economical provision of water, sewer, and other public services. Yes (it poses no harm to provision of these services) (j) The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements. Yes (both lots abut an existing operable public roadway) The lot split is also consistent with Section 9-11 (Lot Splits). No new streets or other public infrastructure improvements are required that warrant an engineered subdivision plan. There are no known wetlands or other environmental constraints that would inhibit development of the site. The City Attorney has reviewed the lot split for consistency with the PUD requirements of Chapter 20 of the City Code. 2 July 24, 2006 Public Hearing Agenda Item 203 Page 3 CHRONOLOGY: February 28,2006 April 24, 2006 Application received by the City of Winter Springs Final engineering/site plan & aesthetic review approved FINDINGS: 1. The lot split is consistent with the Comprehensive Plan. 2. Staff believes the application is consistent with sections 9-10, 9-11, the Chapter 20 PUD requirements, and other applicable City Code provisions. 3. The City staffhas reviewed the lot split and recommends approval, subject to (1) the City Attorney's review and approval ofthe surveys and title opinion. The applicant must make any changes or provide any additional information required by the City Attorney, prior to execution and recordation. The applicant must pay for recordation and the City's copies ofthe plat before recordation. RECOMMENDATION: Staffrecommends that the City Commission approve and authorize recordation of the Williams lot split, subject to (1) the City Attorney's review and comments and (2) the applicant to pay for recording the lot split resolution. ATTACHMENTS: A Location map B Sketch & Description C Lot split resolution COMMISSION ACTION: 3 ATTACHMENT A EAST STATE RD 434 Municpal Address Map Book City of Winter Springs Map Page 2617 PRINTED: REVISED: Apr 2005 1: Developed By: Southeastern Surveying & Mapping Corp. ATTACHMENT B SKETCH OF DESCRIPTIONS SHEET 1 OF 2 SHEETS LEGAL DESCRIPTION (PARCEL 4A) A PORTION OF LOT 4, TUSCAWILLA TRACT 15, PARCEL 1-C, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT' THE NORTHWEST CORNER OF LOT 4, TUSCAWILLA TRACT 15, PARCEL 1-C, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, THENCE RUN S89'49'07"E, 254.00 FEET ALONG THE NORTH LINE OF SAID LOT 4; THENCE CONTINUE ALONG SAID NORTH LINE, S64'27'32"E, 28.91 FEET TO A POINT ON THE EAST LINE OF SAID LOT 4 AND THE WESTERLY RIGHT OF WAY LINE OF VISTAWILLA DRIVE (80' IN WIDTH), SAID POINT BEING ON A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 710.00 FEET, A CHORD BEARING THE BEARS S32'51'52"W, AND CHORD DISTANCE OF 181.01 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 181.50 FEET THROUGH A CENTRAL ANGLE OF 14'38'50"; THENCE N49'48' 42"W, 174.89 FEET, DEPARTING SAID EASTERLY LINE OF LOT 4 AND SAID WESTERLY RIGHT OF WAY OF VISTAWILLA DRIVE; THENCE N90'00'00"W, 48.42 FEET TO A POINT ON THE WESTERLY LINE OF AFORESAID LOT 4; THENCE NOO'lO'53"E, 52.45 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. TOGETHER WITH THOSE CERTAIN NON-EXCLUSIVE EASEMENTS FOR GRAVITY SEWER LINE, LIFT STATION AND SEWER FORCE MAIN OVER AND ACROSS LOT 1, TUSCAWILLA TRACT 15, PARCEL 1-C, ACCORDING TO THE MAP OF PLAT THEREOF RECORDED IN PLAT BOOK 56, PAGES 29 THROUGH 32, INCLUSIVE OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AS DESCRIBED IN THAT CERTAIN CROSS EASEMENT AGREEMENT FOR TUSCAWILLA TRACT 15, PARCEL 1-C, BY AND BETWEEN ROBERT YEAGER, INDIVIDUALLY AND AS TRUSTEE AND ZP. NO.56, LIMITED PARTNERSHIP, A FLORIDA LIMITED PARTNERSHIP, DATED JANUARY 13, 1999 AND RECORDED JANUARY 14, 1999 IN OFFICIAL RECORDS BOOK 3574, PAGE 564. AS AMENDED IN OFFICIAL RECORDS BOOK 3582, PAGE 1443 PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. LEGAL DESCRIPTION (PARCEL 4B) LOT 4, TUSCAWILLA TRACT 15, PARCEL 1-C, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LESS, BEGIN AT THE NORTHWEST CORNER OF LOT 4, TUSCAWILLA TRACT 15, PARCEL 1 -C, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, THENCE RUN S89'49'07"E, 254.00 FEET ALONG THE NORTH LINE OF SAID LOT 4; THENCE CONTINUE ALONG SAID NORTH LINE, S64'27'32"E, 28.91 FEET TO A POINT ON THE EAST LINE OF SAID LOT 4 AND THE WESTERLY RIGHT OF WAY LINE OF VISTAWILLA DRIVE (80' IN WIDTH), SAID POINT BEING ON A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 710.00 FEET, A CHORD BEARING THE BEARS S32'51 '52"W, AND CHORD DISTANCE OF 181.01 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 181.50 FEET THROUGH A CENTRAL ANGLE OF 14'38'50"; THENCE N49'48' 42"W, 174.89 FEET, DEPARTING SAID EASTERLY LINE OF LOT 4 AND SAID WESTERLY RIGHT OF WAY OF VISTAWILLA DRIVE; THENCE N90'00'00"W, 48.42 FEET TO A POINT ON THE WESTERLY LINE OF AFORESAID LOT 4; THENCE NOO'10'53"E, 52.45 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. TOGETHER WITH THOSE CERTAIN NON-EXCLUSIVE EASEMENTS FOR GRAVITY SEWER LINE, LIFT STATION AND SEWER FORCE MAIN OVER AND ACROSS LOT 1, TUSCAWILLA TRACT 15, PARCEL 1-C, ACCORDING TO THE MAP OF PLAT THEREOF RECORDED IN PLAT BOOK 56, PAGES 29 THROUGH .32, INCLUSIVE OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AS DESCRIBED IN THAT CERTAIN CROSS EASEMENT AGREEMENT FOR TUSCAWILLA TRACT 15, PARCEL 1-C, BY AND BETWEEN ROBERT YEAGER, INDIVIDUALLY AND AS TRUSTEE AND ZP. NO.56, LIMITED PARTNERSHIP, A FLORIDA LIMITED PARTNERSHIP, DATED JANUARY 13, 1999 AND RECORDED JANUARY 14, 1999 IN OFFICIAL RECORDS BOOK 3574, PAGE 564, AS AMENDED IN OFFICIAL RECORDS BOOK 3582, PAGE 1443 PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. THIS SURVEY CERTIFlEO TO: CfTY OF WINTER SPRINGS CURVE C - 1 C - 2 CHORD 472.80' 181.01' BEMINGS ARE BASED ON THE NORTH UN[ OF lOT 4- IS BEING N8W'49'07"E. PER PLAT LEGAL DESCRIPTION FURNISHED 8'( CUENT (UNlESS OTHERWISE NOTED) SEE SHEET 2 FOR SKETCH THIS IS NOT A BOUNDARY SURVEY UWS TRO'R'N"n . - RECOVERED "''')(4- CONCRETE MONUMENT NOI THIS SKETCH IS CERTlFIED TO AND PREPARED fOR THE SOLE AND EXCLUSIVE BENEffi OF THE ENTITlES AND/OR INDMOUAL.S USTED AND SHAll NOT BE REUEO ON BY NN OTHER ENTITY OR INOMO......... WHOMSOEVER. UNDERGROUNO FOUNDATIONS AND/OR IUPRC>VEMENTS WERE NOT LOCATED 1<$ PART OF THIS SURVEY. lAND SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WA.YS AND/OR EASEMENTS OF PUBUC RECORD. ~ AL TAMONTE SURVEYING AND PLATTING INC SKETCH OF DESCRIPTIONS SHEET 2 OF 2 SHEETS LOT 2 TUSCAWILlA TRACT 15 PARCEL l-C PLAT BOOK 56. PAGES 29-32 NORTHLINE OF LOT -4 POINT OF BEGINNING PARCEL 1 NORTHWEST CORNER LOT 4 SB9049'07"g 254.00' ( IN FEET ) 1 inch - 60 tl THIS IS NOT A BOUNDARY SURVEY ~ ALTAMONTE SURVEYING AND PLATTING INC. ATTACHMENT C RESOLUTION NO. 2006-38 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, PROVIDING FOR THE DIVISION OF AN ORIGINALLY PLATTED LOT OWNED BY SEMINOLE TRAIL ANIMAL HOSPITAL, INC. AND GENERALLY LOCATED AT 383 VISTAWILLA DRIVE, WINTER SPRINGS, FLORIDA, INTO TWO (2) LOTS OF RECORD FOR DEVELOPMENT PURPOSES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 9-3 of the City Code allows an owner of a single lot of sufficient size that satisfies zoning bulk regulations to divide an originally platted single lot; and WHEREAS, section 9-11 of the City Code authorizes the City Commission to approve such division, generally referred to as a "lot split," by resolution, and sets forth the prerequisites and application process for lot splits; and WHEREAS, Seminole Trail Animal Hospital, Inc. (hereinafter "Owner") is the owner of certain real property generally located at 383 Vistawilla Drive, Winter Springs, Florida, legally described herein; and WHEREAS, Owner has petitioned the City, pursuant to section 9-11 of the City Code, to divide said property into two (2) separate lots; and WHEREAS, said lots are more particularly depicted and legally described herein; and WHEREAS, the City Commission fmds that Owner has satisfied all of the requirements for lot splits set forth in section 9-11 of the City Code; and WHEREAS, that First Amendment to Declaration of Easements and Restrictive Covenants, recorded in Seminole County Official Record Book 5349, Page 1939, authorizes Owner's property to be subdivided into separate lots upon the approval of appropriate governmental authorities; 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. City of Winter Springs Resolution 2006-38 Page 1 of3 NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY RESOLVES, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Approval of Lot Split. The City Commission hereby approves, pursuant to section 9-11 of the City Code, the division of the real property generally located at 383 Vistawilla Drive, Winter Springs, Florida, legally described in "Exhibit A," attached hereto and fully incorporated herein by this reference, into two (2) separate lots. Such lots are more particularly depicted and legally described in "Composite Exhibit B," attached hereto and fully incorporated herein by this reference. Upon recordation of this Resolution in the Official Public Records of Seminole County, Florida, said lots shall each be deemed a lot of record for development purposes pursuant to applicable law. Section 3. 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 4. 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 5. Instructions to Staff. Pursuant to section 9-11 (b )(2) of the City Code, the City Clerk is hereby directed to record this Resolution in the Official Public Records of Seminole County, Florida. The Community Development Department is hereby directed to modify city maps and documents to reflect the lot split. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. [ADOPTION PAGE FOLLOWS] City of Winter Springs Resolution 2006-38 Page 2 of3 ADOPTED by the City Commission of the City of Winter Springs, Florida, this _ day of , 2006. John 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 2006-38 Page 3 of3 EXHIBIT A LEGAL DESCRIPTION Lot 4, TUSCAWILLA TRACT 15. PARCEL 1-C, according to the map or plat thereof, recorded in Plat Book 56, Pages 29 through 32, inclusive. of the Public Records of Seminole County, Florida. TOGETHER with those certain non-exclusive easements for gravity sewer line. lift station and sewer force main over and across Lot 1, TUSCAWILLA TRACT 15. PARCEL 1-C, according to the plat thereof as recorded in Plat Book 56, Pages 29 through 32, inclusive, of the Public Records of Seminole COIJnty, Florida, as described in that certain Cross Easement Agreement for TUSCAWILlA TRACT 15. PARCEL 1-C, by and between Robert A. Yeager. individually and as Trustee and ZP No. 56, Limited Partnership, a Florida limited partnership, dated January 13, 1999 and recorded January 14, 1999 in Official Records Book 3574, Page 564, as amended in Official Records Book 3562. Page 1443, Public Records of Seminole County, Florida. Together with: An Easement tor the benefit of Lot 4 as contained In the Amendment to the Declaration of Restrictions recorded in Official Records Book 5349. Page 1939, Public Records of Seminole County, Florida, over, un,jer and across Lot 2, as described therein. , SKETCH OF DESCRIPTlONS SHEET 1 OF 2 SHEETS LEGAL DESCRIPTION (PARCEL 4A) A PORTION OF LOT 4, TUSCAWILLA TRACT 15, PARCEL l-C, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56, PAGES 29-32. INCLUSIVE IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 4, TUSCAWILLA TRACT 15, PARCEl. l-C, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FlORIDA, THENCE RUN S89'49'07"E, 254.00 FEET ALONG THE NORTH LINE OF SAID LOT 4; THENCE CONTINUE ALONG SAID NORTH LINE, S64'27'32"E, 28.91 FEET TO A POINT ON THE EAST LINE OF SAID LOT 4 AND THE WESTERLY RIGHT OF WAY LINE OF VISTAWILLA DRIVE (80' IN WIDTH), SAIO POINT BEING ON A CUM CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 710.00 FEET, A CHORD BEARING THE BEARS S32'51'52"W, AND CHORD DISTANCE OF 181.01 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 181.50 FEET THROUGH A CENTRAL ANGLE OF 14'38'50"; THENCE N49' 48' 42"W, 174.89 FEET, DEPARTING SAID EASTERLY LINE OF LOT 4 AND SAID WESTERLY RIGHT OF WAY OF VlSTAWILLA DRIVE; THENCE N90'OO'OO"W, 48.42 FEET TO A POINT ON THE WESTERLY LINE OF AFORESAID LOT 4: THENCE NOO'10'S3"E, 52.45 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. TOGETHER WITH THOSE CERTAIN NON-EXCLUSIVE EASEMENTS FOR GRAVITY SEWER LINE, LIFT STATION AND SEWER FORCE MAIN OVER AND ACROSS LOT 1. TUSCAWILLA TRACT IS, PARCEL 1 -C, ACCORDING TO THE MAP OF PLAT THEREOF RECORDED IN PLAT BOOK 56, PAGES 29 THROUGH 32, INCLUSIVE OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FlORIDA AS DESCRIBED IN THAT CERTAIN CROSS EASEMENT AGREEMENT FOR TUSCAWILLA TRACT 15, PARCEL l-C, BY AND BETWEEN ROBERT YEAGER, INDIVIDUALLY AND AS TRUSTEE AND ZP. NO.56, LIMITED PARTNERSHIP, A FlORIDA LIMITED PARTNERSHIP, DATED JANUARY 13, 1999 AND RECORDED JANUARY 14, 1999 IN OFFICIAL RECORDS BOOK 3574, PAGE 564, AS AMENDED IN OFFICIAL RECORDS BOOK 3582, PAGE 1443 PUBLIC RECORDS OF SEMINOLE COUNTY. FlORIDA. LEGAL DESCRIPTION (PARCEL 4B) LOT 4, TUSCAWILLA TRACT 15, PARCEL l-C, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LESS, BEGIN AT THE NORTHWEST CORNER OF LOT 4, TUSCAWILLA TRACT 15, PARCEL 1 -C, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FlORIDA, THENCE RUN S89'49'D7"E, 254.00 FEET ALONG THE NORTH LINE OF SAID LOT 4; THENCE CONTINUE ALONG SAID NORTH LINE, S64'27'32"E, 28.91 FEET TO A POINT ON THE EAST LINE OF SAID LOT 4 AND THE WESTERLY RIGHT OF WAY LINE OF VISTAWILLA DRIVE (80' IN WIDTH), SAID POINT BEING ON A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 710.00 FEET, A CHORD BEARING THE BEARS S32'51'S2"W, AND CHORD DISTANCE OF 181.01 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 181.50 FEET THROUGH A CENTRAL ANGLE OF 14'38'50"; THENCE N49'48'42"W, 174.89 FEET. DEPARTING SAID EASTERLY LINE OF LOT 4 AND SAID WESTERLY RIGHT OF WAY OF VlSTAWILLA DRIVE; THENCE N90'OO'OO"W, 48.42 FEET TO A POINT ON THE WESTERLY LINE OF AFORESAID LOT 4; THENCE NOO'10'53"E, 52.45 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. TOGETHER WITH THOSE CERTAIN NON-EXCLUSIVE EASEMENTS FOR GRAVITY SEWER LINE. LIFT STATION AND SEWER FORCE MAIN OVER AND ACROSS LOT 1, TUSCAWILLA TRACT 15, PARCEL 1-C, ACCORDING TO THE MAP OF PLAT THEREOF RECORDED IN PLAT BOOK 56, PAGES 29 THROUGH 32, INCLUSIVE OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AS DESCRIBED IN THAT CERTAIN CROSS EASEMENT AGREEMENT FOR TUSCAWILLA TRACT IS, PARCEL 1-C, BY AND BETWEEN ROBERT YEAGER, INDIVIDUALLY AND AS TRUSTEE AND ZP. NO.56, LIMITED PARTNERSHIP, A FLORIDA LIMITED PARTNERSHIP, DATED JANUARY 13, 1999 AND RECORDED JANUARY 14, 1999 IN OFFICIAL RECORDS BOOK 3574, PAGE 564. AS AMENDED IN OFFICIAL RECORDS BOOK 3582, PAGE 1443 PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. CURVE TABLE CURVE lENGTH RADIUS DELTA C - 1 48, ' 7 .' . '47' C - 2 181.50' 10.00' l' , . TMI!i ~ CD1'FlCJ 1tt: em' OF Wff'ElIt SI'NNQS CHORD BRG N44' . . , l' IINaNGS Ala[ IIASm ON 1M[ NDfmf UtC OF' lDt' 4- AS lIDHa Nll'4tW'"r. PElt PlAT LECAL DOCRPTION FlRBD .., CUEHI' (\JIUSS "- NDTIIl) CHORD 47 . o' 181.01' SEE SHEET 2 FOR SKETCH THIS IS NOT A BOUNDARY SURVEY ALTAMONTE SURVEYING AND PLATTING INC SKETCH OF DESCRIPTIONS SHEET 2 OF 2 SHEETS POINT OF BEGlNNNG PARCEL 1 LOT 4 389"49'0.,.8254.00' SEE SHEET 1 FOR LEGAL DESCRIPTIONS GRAPHIC SCALE - I THIS IS NOT A BOUNDARY SURVEY ALTAMONTE SURVEYING AND PLATTING INC. Prepared by and Return to: Katherine W. Latorre, Esq. Winter Springs Assistant City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. P.O. Box 2873 Orlando, FL 32802 (407) 425-9566 JOINDER AND CONSENT The undersigned, , of BankFIRST, hereby certifies that BankFIRST is the holder of a Mortgage dated July 8, 2005, recorded in Seminole County Official Record Book 5844, Page 872; and the undersigned hereby joins in and consents to the recording of the foregoing City of Winter Springs Resolution 2006-38 ("Resolution") and agrees that the lien of this Mortgage shall be subordinate and subject to said Resolution and all rights created thereunder. IN WITNESS WHEREOF, the undersigned has caused these presents to be executed in its name by its proper officer thereunto duly authorized the day and year first above written. Signed, Sealed an delivered in the Presence of Witnesses: Mortgagee: Signature Signature Print Name Print Name Title Signature Print Name BankFIRST 1031 W. Morse Blvd., Suite 323 Winter Park, FL 32789 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2006, by , as of BankFIRST, organized and existing under the laws of Florida, [ ] who is personally known to me or [ ] who has produced as identification. NOTARY PUBLIC, State of Florida My commission expires: Date: July 24, 2006 The attached document was distributed during Public Hearings Agenda Item "203" by Ms. Eloise Sahlstrom at the July 24, 2006 City Commission Regular Meeting. HOWELL CREEK RESERVE / EAGLES WATCH .,.... !AI --.. HOME OWNERS ASSOCIA'ION ~ --"'" , . ;~ ~-~ ~.~",,~ March 15, 2006 City of Winter Springs 1126 E. State Road 434 Winter Springs, Florida 32708 To Whom It May Concern: The Board of Directors for the Howell Creek Reserve Community Association, Inc., which is comprised of the Howell Creek Reserve and Eagle's Watch subdivisions is pleased to support the construction of the veterinarian clinic of Dr. Paul Williams. The Board has informed the residents of our homeowner's association as to the intent of Dr.Williams in building his clinic. We have done this at our annual meetings and in our newsletter. This information has been met with positive response. Dr. Williams' parcel is located adjacent to our community swimming pool, basketb.all court and playground area, which is not only an active area for all of our residents, but also a major asset for our community. Prior to Dr.Williams purchasing the parce~ we were concerned with the type and size of building that would eventually be constructed on that lot. We are pleased with Dr. Williams' current plans to build a separate, one story building for his veterinarian practice as reviewed in the architectural rendering he provided to us. It appears to be a great transition between the former Kash n Karry building and our community as well as an asset to the Tuscawilla area. During the last three years Dr. Williams has kept us informed regarding his plans and we believe that he will continue to do so as he moves forward with this building and possibly one or two more which could be located on this same parcel in the future. He also recognizes the fact that many of his clients live in our subdivisions and he wants to continue his relationship with us. We do appreciate his intent to work with us. Please do not hesitate to contact me if you have any questions. I can be reached at work (407-649-4088) or home (407-977-2231). Thank you. Sincerely, Jr?~UJ.~ Lee W. Jensen l/ President, Howell Creek Reserve Community Association, Inc. cc: Dr. Paul Williams Board of Directors, Howell Creek Reserve Community Assn. A RESOLUTION OF THE CITY COMission CITY OF WINTER SPRINGS, seminole county FLORIDA, PROVIDING FOR THE DIVISION OF AN ORlGINALL Y PLATTED LOT OWNED BY SEMINOLE TRAIL ANIMAL HOSPITAL, INC. AND GENERALLY LOCATED AT 383 VISTA WILLA DRIVE, WINTER SPRINGS, FLORIDA, INTO TWO (2) LOTS OF RECORD FOR DEVELOPMENT PURPOSES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 9-3 of the City Code allows an owner of a single lot of sufficient size that satisfies zoning bulk regulations to divide an originally platted single lot; and WHEREAS, section 9-11 of the City Code authorizes the City Commission to approve such division, generally referred to as a "lot split," by resolution, and sets forth the prerequisites and application process for lot splits; and WHEREAS, Seminole Trail Animal Hospital, Inc. (hereinafter "Owner") is the owner of certain real property generally located at 383 Vistawilla Drive, Winter Springs, Florida, legally described herein; and WHEREAS, Owner has petitioned the City, pursuant to section 9-11 of the City Code, to divide said property into two (2) separate lots; and WHEREAS, said lots are more particularly depicted and legally described herein; and WHEREAS, the City Commission finds that Owner has satisfied all of the requirements for lot splits set forth in section 9-11 of the City Code; and WHEREAS, that First Amendment to Declaration of Easements and Restrictive Covenants, recorded in Seminole County Official Record Book 5349, Page 1939, authorizes Owner's property to be subdivided into separate lots upon the approval of appropriate governmental authorities; 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. City of Winter Springs Resolution 2006-38 Page I of3 NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY RESOLVES, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Approval of Lot Split. The City Commission hereby approves, pursuant to section 9-11 of the City Code, the division of the real property generally located at 383 Vistawilla Drive, Winter Springs, Florida, legally described in "Exhibit A," attached hereto and fully incorporated herein by this reference, into two (2) separate lots; provided, however, the two lots shall be required to have one ingress and egress access point on Vistawilla Drive in accordance with the Final Engineering Plans approved by the City Commission on April 24, 2006. Such lots are more particularly depicted and legally described in "Composite Exhibit B," attached hereto and fully incorporated herein by this reference. Upon recordation of this Resolution in the Official Public Records of Seminole County, Florida, said lots shall each be deemed a lot of record for development purposes pursuant to applicable law. Section 3. 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 4. 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 5. Instructions to Staff. Pursuant to section 9-11 (b )(2) of the City Code, the City Clerk is hereby directed to record this Resolution in the Official Public Records of Seminole County, Florida. The Community Development Department is hereby directed to modify city maps and documents to reflect the lot split. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. [ADOPTION PAGE FOLLOWS) City of Winter Springs Resolution 2006-38 Page 2 of3 Adopted by the City Commission of the City of Winter Springs, Florida this 24th day of July, 2006. John 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 2006-38 Page 3 of3 EXHIBIT I l\ A / J LEGAL DESCRIPTION L014, TUSCAWILLA TRACT 16, PARCEL 1-C, according to the map or plat thereof, recorded in Plat Book 56, Pages 29 through 32. inclusive, of the Public Records of Seminole County, Florida. TOGETHER with those certain non-exclusive easements for gravity sewer line, lift station and sewer force main over and across Lot 1, TUSCAW ILLA TRACT 15, PARCEL 1-C, according to the plat thereof as recorded in Plat Book 56, Pages 29 through 32, inclusive, of the Public Records of Seminole County, Florida, as described in that certain Cross Easement Agreement for TUSCAWILLA TRACT 15, PARCEL 1-C, by and between Robert A. Yeager. individually and as Trustee and ZP No. 56, Limited Partnership, a Florida limited partnership, dated January 13, 1999 and recorded January 14, 1999 in Official Records Book 3574, Page 564, as amended in Official Records Book 3582, Page 1443, Public Records of Seminole County, Florida. Together with: An Easement tor the benefit of Lot 4 as contained In the Amendment to the Declaration of Restrictions recorded in Official Records Book 5349, Page 1939, Public RecordS of Seminole County, Florida, over, under and across Lot 2, as described therein. LEGAL DESCRIPTION (PARCEL 4A) A PORTION OF LOT 4, TUSCAWILlA TRACT IS, PARCEL 1-C, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56, PAGES 29-32. INCLUSIVE IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 4, TUSCAWILlA TRACT IS, PARCE~ 1-C, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, THENCE RUN S89'49'07"E, 254.00 fEET ALONG THE NORTH LINE OF SAID LOT 4; THENCE CONTINUE ALONG SAID NORTH LINE, S64'27'32"E, 28.91 FEET TO A POINT ON THE EAST LINE OF SAID LOT 4 AND THE WESTERLY RIGHT OF WAY LINE OF VlSTAWILlA DRIVE (80' IN WIDTH), SAID POINT BEING ON A culM: CONCAVE TO THE NORTHWEST. HAVING A RADIUS OF 710.00 fEET, A CHORD BEARING THE BEARS S3T51'52-W, AND CHORD DISTANCE OF 181.01 fEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 181.50 FEET THROUGH A CENTRAL ANGLE OF 14'38'50"; THENCE N49'48'42-W, 174.89 FEET, DEPARTING SAID EASTERLY LINE OF LOT 4 AND SAID WESTERLY RIGHT OF WAY OF VlSTAWILLA DRIVE; THENCE N90'OO'OO"W, 48.42 FEET TO A POINT ON THE WESTERLY LINE OF AFORESAID LOT 4; THENCE NOO'10'53"E. 52.45 FEET ALONG SAID WESTERLY LINE TO THE POINT OF. BEGINNING. TOGETHER WITH THOSE CERTAIN NON-EXCLUSIVE EASEMENTS FOR GRAVITY SEWER LINE, LIFT STATION AND SEWER FORCE MAIN OVER AND ACROSS LOT I, TUSCAWlLlA TRACT 15, PARCEL I-C. ACCORDING TO THE MAP OF PLAT THEREOF RECORDED IN PLAT BOOK 56, PAGES 29 THROUGH 32, INCLUSIVE OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AS DESCRIBED IN THAT CERTAIN CROSS EASEMENT AGREEMENT FOR TUSCAWILlA TRACT 15, PARCEL 1-C, BY AND BETWEEN ROBERT YEAGER, INDMDUALLY AND AS TRUSTEE AND ZP. NO.56, LIMITED PARTNERSHIP, A FLORIDA LIMITED PARTNERSHIP, DATED JANUARY 13, 1999 AND RECORDED JANUARY 14, 1999 IN OFFICIAL RECORDS BOOK 3574, PAGE 564, AS AMENDED IN OFFICIAL RECORDS BOOK 3582, PAGE 1443 PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. LEGAL DESCRIPTION (PARCEL 4B) LOT 4, TUSCAWILlA TRACT 15. PARCEL 1-C, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. LESS, BEGIN AT THE NORTHWEST CORNER OF LOT 4, TUSCAWILLA TRACT 15. PARCEL 1-C, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, THENCE RUN S89'49'07"E, 254.00 FEET ALONG THE NORTH LINE OF SAID LOT 4; THENCE CONTINUE ALONG SAID NORTH LINE, S64'27'32"E. 28.91 FEET TO A POINT ON THE EAST LINE OF SAID LOT 4 AND THE WESTERLY RIGHT OF WAY LINE OF VlSTAWILlA DRIVE (80' IN WIDTH), SAID POINT BEING ON A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 710.00 FEET, A CHORD BEARING THE BEARS S32'51'52-W. AND CHORD DISTANCE OF 181.01 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 181.50 FEET THROUGH A CENTRAL ANGLE OF 14'38'50"; THENCE N49'48'42-W, 174.89 FEET, DEPARTING SAID EASTERLY LINE OF LOT 4 AND SAID WESTERLY RIGHT OF WAY OF VlSTAWILlA DRIVE; THENCE N90'OO'OO-W, 48.42 FEET TO A POINT ON THE WESTERLY LINE or AFORESAID LOT 4; THENCE NOO'10'53"E, 52.45 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. TOGETHER WITH THOSE CERTAIN NON-EXCLUSIVE EASEMENTS FOR GRAVITY SEWER LINE, LIFT STATION AND SEWER FORCE MAIN OVER AND ACROSS LOT 1, TUSCAWILLA TRACT 15, PARCEL 1-C, ACCORDING TO THE MAP OF PLAT THEREOF RECORDED IN PLAT BOOK 56, PAGES 29 THROUGH 32, INCLUSIVE OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AS DESCRIBED IN THAT CERTAIN CROSS EASEMENT AGREEMENT FOR TUSCAWILLA TRACT 15, PARCEL 1-C, BY AND BETWEEN ROBERT YEAGER, INDIVIDUALLY AND AS TRUSTEE AND ZP. NO.56, LIMITED PARTNERSHIP, A FLORIDA LIMITED PARTNERSHIP, DATED JANUARY 13. 1999 AND RECORDED JANUARY 14, 1999 IN OFFICIAL RECORDS BOOK 3574, PAGE 564, AS AMENDED IN OFFICIAL RECORDS BOOK 3582, PAGE 1443 PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. IllS SIJIMr canno "" em OF _ ........ CURVE C - 1 C - 2 --_0Il1Hl -... _ OF LOr . 14 ... -4nrI. 1'1II ...... Lmol.__1Il' CUEHI' (1.ous:s _ NGlUl) SEE SHEET 2 FOR SKETCH THIS IS NOT A BOUNDARY SURVEY TJ:fnRNl) SCAU:: 1'-30' D - comw. -..r (DlLTA). L _ -. N _ ~ N/YI - _ OF MY. A/C - MI CIlHllIl1IllQ, i- -. (NIt) - --. (I') - 1'Ul', - I!WUIlED. ~ (Il) - _. - I'lIIN1' OF CONe. - CClHCIlOt. POC - I'lIIN1' OF CClIlIoIENc:OEH. POL _ I'lIIN1' 011 ~ · "IIECIMND .~.' COHcIOI:1t _ HOI IIl\IlEWm 1M lIWS '" - IlEI:OWIlIJl IWL . DISIl , X "_ x CUT II COHCllElE @l - IIECIMND 1/2' _ . , o - IIECIMND ttr _ IlllO Illl , 5 --S/I'_IlllOHO, . - SEr Itr _ _ ILl I3Cla .... -_I'Ol.EM_ -0- - WOOD flla AS SHOWN -0- - CINI UNK fUICt AS SHOWN -= 2/I~ot FED - CllNCRElE Sl.\I AS SHOWN ALTAMONTE SURVEYIl'TGfa~!. ~ ~ II - II '~<G-, ~<C_ 'PAXtC<<m 1e2-e229! DRAWN 1M NWs DAn:: 11/W/DS lItIS - .. __ 10 _ I'II!I'Mm fOIl lItE =.=.~-=. ~~=:f:<< NI'f _ DlIIIY OIl ~ "'- ~ PllIHl4l1D1lS -/afl1II'IIlMllam; - Nl1I' UlCQ'ED I>a PNrT 01' lItIS _. INID ---Nl1I'__fOII_or MIS IASEIIIHIS 01' ~ -. oID8 No. EXHIBIT } (!.OMpO-SI1t j l( 61J LOT 2 'I1JSCAWIlU. nw:r IS PARCa l-C PUT IIOOK SI, PACO 211-32 SBr4S'O.,..8264.00' / PftOPOSED PA/lCa. 4A 0.803 ICS. / / I / / J;.f-/ .vV;f~ ~R ~~/,p )> / / .", / SEE SHEET 1 FOR LEGAL DESCRIPTIONS ./ ~ ~1&!j E:a~ GRAPHIC SCALE h.~ 12ll , (IHFUr) 1 1Dch .. 80 It. I4CI , ALTAMONTE SURVEYl1'1Gf~==--:= ~ JP>II:......A:.u. -.u. '~<G-, ~<C_ '~~e:e=1 THIS IS NOT A BOUNDARY SURVEY 07/17/06 MON 07:11 FAX 4073665969 SEMINOLE TRAIL A.H. @002 Prepared by and; Return to: Katherine W. Latorre, Esq. Winter Springs Assistant City Attorney Brown, Garganese, Weiss & D'Agresta. P.A. P.O. Box 2813 Orlando, FL 32802 (401) 425-9566 JOINDER AND CONSENT The undersigned, ~;t9 A. HE. Jker ,of BankFlRST, hereby c.;lrtifies. that BankFIRST is the holder of a Mortgage dated July 8, 2005, recorded in Seminole COlmty 01fficial Record Book 5844, Page 872; and the undersigned hereby joins in and consents to the recording of the foregoing City of Winter Springs Resolution 2006-38 ("Resolution") and agrees th,ltthe lien of this Mortgage shall be subordinate and subject to said Resolution and all rights created therelmder. IN WIlNESS WHEREOF, the undersigned has caused these presents to be executed in its name by its proper officer thereunto duly authorized the day and year first above written. f;J~ Signature 7A ~,'J) A. Fe)ker Print Name ' () 6"~e~u9lve I.hte ;1.e.1/A/~ ~ Title ~ture , "Z&t-\AAlA ~sU Print N e ~ fi/I1J ~,:~~e M c7)~ I eL Print Name BankFIRST 1031 W. Morse Blvd., Suite 323 Winter Park, FL 32789 STATE OF FLOR19.1\._ r _ COUNTYOF~ The foregoing instrument was acknowledgeckbefore me this bs.Jh day of 11. JA" _, 2006, b}""L)av.:tJ.4. ~Jkv . as ~,v,'t.e Slr~, ofBankFiitSt organized ~.isting under the laws of FlOrid~ who is personally known to me or [ ] who has produced as identification. .'~!#.. mttzOO. 'lIOIIIIW"~ . iih' _ 'Slllll' ~ L'OIS'P"IPOO Aft .: ~ JO IIIIIS -:JIClftd .... . ! .ltMIO 'S :JICI'MSO NOTARYPUBU State!!J;.lo~p~_ My commission expires: ., 'Ii fi!&l.J- MARYANNE MORSE CLtRK OF COURT, Sl:."MI NOLE COUNTY 301 NORTH PARK AVE SANFORD, fL 32771 407-&&5-4411 OATE:08/28/2006 TIME:ll:59:02 AM RECEIPT:410733 WEISS & DA6RESTA P A ITEM -01 RSL 11 :59:02 AM FILE: 2006138489 BK/PG:O 6385/1612 RECORDING FEE 61.00 Sub. Total 61.00 ------------------------ AMOUNT DUE: $61.00 PAID CHECK: $61.00 Check 11:21648 $61.00 TOTAL PAID: $61.00 REC [IY:TKLOKE OfPUTY CLERK Have a Mice Day " ./ !