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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: