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.
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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
"
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