HomeMy WebLinkAbout2016 02 22 Consent 302 Resolution 2016-05, FDOT Land Donation TuscoraCOMMISSION AGENDA
ITEM 302
REQUEST:
Informational
Consent
X
Public Hearings
Regular
February 22, 2016 KS KL
Regular Meeting City Manager Department
The Public Works Department requesting City Commission approval of Resolution 2016 -05
and authorization to execute a deed for the donation of land to the Florida Department of
Transportation for the planned construction of a right turn deceleration lane on S.R. 434
eastbound at Tuscora Drive.
SYNOPSIS:
The City recently acquired portions of three parcels of land for the construction of a right
turn deceleration lane at the intersection of S.R. 434 and Tuscora Drive. The acquired lands
must be donated to the Florida Department of Transportation before the turn lane can be
constructed.
CONSIDERATIONS:
. The City is planning to construct a right turn deceleration lane on S.R. 434 eastbound
at Tuscora Drive in late 2016. The design was completed in 2014 and the project is
ready to advertise for construction.
. In 2011 and 2012, the City acquired small portions of three parcels of land for the
future turn lane. The three parcels have a combined area of 763 square feet.
. Before construction, the Florida Department of Transportation (FDOT) requires the
acquired lands to be conveyed by deed from the City to FDOT. After conveyance,
the lands will be part of the S.R. 434 right -of -way.
. Resolution 2016 -05 authorizes the Mayor to execute a deed for conveyance of all
Consent 302 PAGE 1 OF 2 - February 22, 2016
three acquired parcels. The deed is also included as part of this agenda item and is
requested to be approved and executed in conjunction with Resolution 2016 -05.
FISCAL IMPACT:
No funding is required for the donation of lands to FDOT.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
Staff recommends the City Commission approve Resolution 2016 -05 and authorize the
execution of a deed for the donation of land to the Florida Department of Transportation for
the future construction of a right turn deceleration lane on S.R. 434 eastbound at Tuscora
Drive.
ATTACHMENTS:
1. Attachment 1 - Resolution 2016 -05 (2 pages)
2. Attachment 2 - Deed (6 pages)
Consent 302 PAGE 2 OF 2 - February 22, 2016
ATTACHMENT 1
RESOLUTION NO. 2016 -05
A RESOLUTION OF THE CITY COMMISSION OF
WINTER SPRINGS, FLORIDA AUTHORIZING THE EXECUTION
OF A DEED FOR THE DONATION OF LAND TO THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION
OF A RIGHT TURN DECELERATION LANE ON S.R. 434
EASTBOUND AT TUSCORA DRIVE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation proposes to
construct or improve State Road No. 434, Section No. 77070 -2517, in Seminole County,
Florida: and
WHEREAS, it is necessary that certain lands now owned by the City of Winter
Springs, Florida, be acquired by the State of Florida Department of Transportation: and
WHEREAS, said property is not needed for City purposes: and
WHEREAS, the State of Florida Department of Transportation has made
application to said City to execute and deliver to the State of Florida Department of
Transportation a deed, or deeds, in favor of the State of Florida Department of
Transportation, conveying all rights, title and interest that said City has in and to said
lands required for transportation purposes and said request having been duly
considered.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
WINTER SPRINGS, FLORIDA, AS FOLLOWS:
SECTION I - the application of the State of Florida Department of Transportation
for a deed, or deeds, is for transportation purposes which are in the public or community
interest and for public welfare and the land needed for transportation purposes is not
needed for City purposes; that a deed, or deeds, in favor of the State of Florida
Department of Transportation conveying all right, title and interest of the City of Winter
Springs, Florida, in and to said lands should be drawn and executed by the Mayor, on
behalf of the Winter Springs City Commission.
SECTION II - a certified copy of this Resolution shall be forwarded forthwith to
the State of Florida Department of Transportation at 719 South Woodland Blvd.,
DeLand, Florida, 32720 -6834.
SECTION III - This Resolution shall take effect immediately upon adoption by the
City Commission.
Passed and adopted this day of , 2016.
CITY OF WINTER SPRINGS, FLORIDA
CHARLES LACEY, MAYOR
ATTEST:
ANDREA LORENZO- LUACES, CITY CLERK
03 -BSD05 -03/07
February 3, 2016
This instrument prepared by
ROBIN D. DERR
Under the direction of
FREDRICK W. LOOSE, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
DeLand, Florida 32720 -6834
PARCEL NO. 100.1, 101.1, 102.1
SECTION 77070 -2517
STATE ROAD 434
COUNTY SEMINOLE
CITY DEED
ATTACHMENT 2
THIS DEED, made this — day of , 200_ by the CITY OF WINTER SPRINGS,
a municipality of the State of Florida, grantor, to the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, grantee: (Wherever used herein the terms "grantor" and "grantee" include
all the parties to this instrument and the heirs, legal representatives and assigns of individuals,
and the successors, and assigns of organizations).
WITNESSETH: That the grantor, for and in consideration of the sum of $1.00 and other
valuable considerations, receipt and sufficiency being hereby acknowledged, hereby grants,
bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain
land situate in Seminole County, Florida, viz:
PARCEL NO. 100
"That part of:
SECTION 77070 -2517
"Tracts A, B, C, D, G, H, I, J, K, and L and Cherry Creek Circle (private street) and Atrium
Court (private street) of the Reserve at Tuscawilla, Phase I, according to the plat thereof, as
recorded in Plat Book 48, Pages 31 through 40, Public Records of Seminole County, Florida
and Tract M Reserve at Tuscawilla Phase 1 -A as recorded in Plat Book 58, Page 99, Public
Records of Seminole County, Florida (hereinafter the "Property "), It is the intent of this
conveyance to convey the Property as Common Property consistent with the intended
conveyance of such property made on said plats."
(Said property being the same lands described in Official Records Book 7880, Page 487 of the
Public Records of Seminole County, Florida.)
PARCEL NO. 100. 1, 101.1, 102.1
SECTION 77070 -2517
PAGE 2
described as follows:
Commence at the Southeast corner of Tract "A ", The Reserve at Tuscawilla, Phase I,
according to the plat thereof, as recorded in Plat Book 48, Pages 31 through 40, inclusive, of
the Public Records of Seminole County, Florida; thence run South 88 ^36'23" West along the
South line of said Tract "A" a distance of 154.19 feet to the Southwest corner of said Tract "A ";
thence departing said South line, run North 01 ^23'37" West along the West line of said Tract
"A" a distance of 329.07 feet to a point on the existing Southerly right of way line of State Road
434 as shown Florida Department of Transportation Right of Way Map Section 77070 -2517,
said point also being a point on a non - tangent curve concave Northerly having a radius of
2988.40 feet and a chord bearing of South 88 ^15'49" East; thence departing said West line
from a tangent bearing of South 87 ^27'01" East, run Easterly along said existing Southerly
right of way line and along the arc of said curve through a central angle of 01 ^37'35" a
distance of 84.83 feet for a Point of Beginning; thence continue along said existing Southerly
right of way line and the arc of said curve through a central angle of 00 ^32'37" a distance of
28.36 feet to a point on the East line of aforesaid Tract "A "; thence departing said existing
Southerly right of way line and said curve, run South 01 ^23'37" East along said East line a
distance of 7.55 feet; thence departing said East line, run North 81 ^10'02" West a distance of
20.26 feet; thence run North 60 ^47'28" West a distance of 9.76 feet to the Point of Beginning.
Containing 141 square feet, more or less."
Parcel No. 100 legal description shown hereon is per Official Records Book 7880, Page 487 of
the public records of Seminole County, Florida.
This document prepared by:
Lochrane Engineering, Inc., LB No. 2856
201 South Bumby Ave
Orlando, FL 32803
January 14, 2016
AND
PARCEL NO. 101
"That part of:
SECTION 77070 -2517
"Lot 80, THE RESERVE AT TUSCAWILLA, PHASE II, according to the map or plat thereof as
recorded in Plat Book 50, Pages 3 THROUGH 9, INCLUSIVE, of the Public Records of
Seminole County, Florida."
PARCEL NO. 100. 1, 101.1, 102.1
SECTION 77070 -2517
PAGE 3
(Said property being the same lands described in Official Records Book 7632, Page 1708 of
the Public Records of Seminole County, Florida.)
described as follows:
Commence at the Southeast corner of Tract "A ", The Reserve at Tuscawilla, Phase I,
according to the plat thereof, as recorded in Plat Book 48, Pages 31 through 40, inclusive, of
the Public Records of Seminole County, Florida; thence run South 88 ^36'23" West along the
South line of said Tract "A" a distance of 154.19 feet to the Southwest corner of said Tract "A ";
thence departing said South line, run North 01 ^23'37" West along the West line of said Tract
"A" a distance of 329.07 feet to a point on the existing Southerly right of way line of State Road
434 as shown Florida Department of Transportation Right of Way Map Section 77070 -2517,
said point also being a point on a non - tangent curve concave Northerly having a radius of
2988.40 feet and a chord bearing of North 86 ^51'12" West; thence departing said West line,
from a tangent bearing of North 87 ^27'01" West, run Westerly along said existing Southerly
right of way line and the arc of said curve through a central angle of 01 ^11'37" a distance of
62.26 feet to the end of said curve for a Point of Beginning; thence departing said existing
Southerly right of way line, continue Westerly along the arc of said curve through a central
angle of 00 ^49'43" a distance of 43.21 feet to a point on the West line of Lot 80, The Reserve
at Tuscawilla, Phase II, according to the plat thereof, as recorded in Plat Book 50, Pages 3
through 9, inclusive, of the Public records of Seminole County, Florida; thence departing said
curve, run North 01 ^23'37" West along said West line a distance of 5.03 feet to a point on the
aforesaid existing Southerly right of way line of State Road 434, said point also being a point
on a non non - tangent curve concave Northerly and concentric with the aforesaid curve having
a radius of 2983.40 feet and a chord bearing of South 85 ^50'14" East; thence departing said
West line from a tangent bearing of South 85 ^25'05" East, run Easterly along said existing
Southerly right of way line and along the arc of said curve through a central angle of 00 ^50'19"
a distance of 43.66 feet to the end of said curve; thence departing said curve, run South
03 ^44'36" West continuing along said existing Southerly right of way line a distance of 5.00
feet to the Point of Beginning.
Containing 217 square feet, more or less."
Parcel No. 101 legal description shown hereon is per Official Records Book 7632, Page 1708
of the public records of Seminole County, Florida.
This document prepared by:
Lochrane Engineering, Inc., LB No. 2856
201 South Bumby Ave
Orlando, FL 32803
January 14, 2016
PARCEL NO. 100. 1, 101.1, 102.1
SECTION 77070 -2517
PAGE 4
AND
PARCEL NO. 102
"That part of:
SECTION 77070 -2517
"Lot 79, THE RESERVE AT TUSCAWILLA, PHASE II, according to the Plat thereof as
recorded in Plat Book 50, Pages 3 thru 9, inclusive, of the Public Records of Seminole County,
Florida."
(Said property being the same lands described in Official Records Book 7632, Page 1696 of
the Public Records of Seminole County, Florida.)
described as follows:
Commence at the Southeast corner of Tract "A ", The Reserve at Tuscawilla, Phase I,
according to the plat thereof, as recorded in Plat Book 48, Pages 31 through 40, inclusive, of
the Public Records of Seminole County, Florida; thence run South 88 ^36'23" West along the
South line of said Tract "A" a distance of 154.19 feet to the Southwest corner of said Tract "A ";
thence departing said South line, run North 01 ^23'37" West along the West line of said Tract
"A" a distance of 329.07 feet to a point on the existing Southerly right of way line of State Road
434 as shown Florida Department of Transportation Right of Way Map Section 77070 -2517,
said point also being a point on a non - tangent curve concave Northerly having a radius of
2988.40 feet and a chord bearing of North 86 ^51'12" West; thence departing said West line,
from a tangent bearing of North 87 ^27'01" West, run Westerly along said existing Southerly
right of way line and the arc of said curve through a central angle of 01 ^11'37" a distance of
62.26 feet to the end of said curve; thence departing said curve, run North 03 ^44'36" East
radial to the aforesaid curve and continuing along said existing Southerly right of way line a
distance of 5.00 feet to the beginning of a non - tangent curve concave Northerly and concentric
with the aforesaid curve having a radius of 2983.40 feet and a chord bearing of North
85 ^50'14" West; thence from a tangent bearing of North 86 ^15'24" West, continue Westerly
along said existing Southerly right of way line and along the arc of said curve through a central
angle of 00 ^50'19" a distance of 43.66 feet to a point on the East line of Lot 79, The Reserve
at Tuscawilla, Phase II, according to the plat thereof, as recorded in Plat Book 50, Pages 3
through 9, inclusive, of the Public records of Seminole County, Florida for a Point of
Beginning; thence continue Westerly along said existing Southerly right of way line and along
the arc of said curve through a central angle of 01 ^10'56" a distance of 61.56 feet to the end
of said curve; thence departing said curve, run South 88 ^35'37" West continuing along said
existing Southerly right of way line a distance of 38.14 feet to the beginning of a non - tangent
curve concave Northerly and concentric with the aforesaid curve having a radius of 2988.40
feet and a chord bearing of South 84 ^28'09" East; thence departing said existing Southerly
PARCEL NO. 100. 1, 101.1, 102.1
SECTION 77070 -2517
PAGE 5
right of way line from a tangent bearing of South 83 ^30'37" East, run Easterly along the arc of
said curve through a central angle of 01 ^55'04" a distance of 100.03 feet to a point on the
aforesaid East line of Lot 79; thence departing said curve, run North 01A 23'37" West along
said East line a distance of 5.03 feet to the Point of Beginning.
Containing 405 square feet, more or less."
Parcel No. 102 legal description shown hereon is per Official Records Book 7632, Page 1696
of the public records of Seminole County, Florida.
This document prepared by:
Lochrane Engineering, Inc., LB No. 2856
201 South Bumby Ave
Orlando, FL 32803
January 14, 2016
TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
TO HAVE AND TO HOLD, the same together with the appurtenances thereunto belonging
or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever
of the said grantor, either in law or equity, to the said grantee forever.
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its
name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above
written.
Signed, sealed and delivered in
the presence of: Two witnesses
required by Florida Law
SIGNATURE LINE
PRINT/TYPE NAME:
CITY OF WINTER SPRINGS, FLORIDA
By:
SIGNATURE LINE ATTEST:
PRINT/TYPE NAME:
Its Mayor
Its City Clerk
ADDRESS OF GRANTOR:
PARCEL NO. 100. 1, 101.1, 102.1
SECTION 77070 -2517
PAGE 6
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of , by
Mayor, who is personally known to me or who has produced
as identification.
PRINT/TYPE NAME:
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any: