HomeMy WebLinkAbout2018 11 19 Consent 304 Resolution 2018-23 and Deed for 1126 East State Road 434COMMISSION AGENDA
ITEM 304
Informational
Consent
X
Public Hearings
Regular
November 19, 2018 KS BF
Regular Meeting City Manager Department
REQUEST:
The Community Development Department requesting City Commission approval of
Resolution 2018-23 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 City Hall.
SYNOPSIS:
The City's planned construction of a right turn deceleration lane on S.R. 434 eastbound at
City Hall requires donation of 1,578 square feet of City property to the Florida Department
of Transportation. This agenda item is requesting City Commission approval of both the
Resolution (2018-23) and the associated deed.
CONSIDERATIONS:
. The City is planning to construct a right turn deceleration lane on S.R. 434 eastbound
at City Hall. The design is complete and the project is ready to advertise for
construction bids.
. The relocation of the existing sidewalk adjacent to the proposed turn lane requires the
donation of a small area of City property (1,578 square feet) to the Florida
Department of Transportation (FDOT). Before construction, FDOT requires the
donated land to be conveyed by deed from the City to FDOT. After conveyance, the
land will be part of the S.R. 434 right-of-way.
. This agenda item is requesting City Commission approval of Resolution # 2018-23,
Consent 304 PAGE 1 OF 2 - November 19, 2018
which authorizes the City Manager to execute a deed for conveyance of the City land
(see Attachment 1), and the associated deed to be executed in conjunction with the
Resolution.
FISCAL IMPACT:
Resolution 2018-23 and the deed have no fiscal impact. The City Hall Turn Lane
improvements, including the items within the FDOT right-of-way, are funded for
construction through the Transportation Impact Fee Fund.
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 six (6) 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 2018-23 and provide
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 City Hall, and authorize the City Manager and City Attorney to prepare and
execute any and all applicable documents.
ATTACHMENTS:
1. Resolution 2018-23 (2 pages)
2. Deed (5 pages)
Consent 304 PAGE 2 OF 2 - November 19, 2018
RESOLUTION NO. 2018-23
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 CITY HALL; 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. 77070-2516, 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 City
Manager, 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 , 2018.
CITY OF WINTER SPRINGS, FLORIDA
CHARLES LACEY, MAYOR
ATTEST:
ANDREA LORENZO-LUACES, CITY CLERK
03-BSD05-03/07
August 16, 2018
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. 144.1
SECTION 77070-2516
P.M. NO18-DlO
STATE ROAD 434
COUNTY SEMINOLE
�1&1 �t �
THIS DEED, made this _ day of 201 by the CITY OF WINTER SPRINGS, a
Florida Municipal Corporation, 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 othet
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:
TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining,
of the said grantor, either in law or equity, to the said grantee forever.
PARCEL O. 144.1
SECTION 77070-2516
P.M. NO. 18--D10
PAGE 2
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.
required by Florida Law
SIGNATURE LINE
PRINT/TYPE NAME:
CITY OF WINTER SPRINGS
A Florida Municipal Corporation
By:
Its City Manager
ATTEST:
Its City Clerk
ADDRESS OF GRANTOR:
The foregoing instrument was acknowledged before me this day of by
City Manager, who is personally known to me or who has produced
as identification.
PRINT/TYPE NAME: -
Notary Public in and for the
My Commission Expires:_
Serial No., if any:__
SKETCH OF DESCRIPTION
CITY' OF WINTER SPRINGS Exhibit "A""
RIW TRANSFER I
SURVEYOR'S REPORT:
/. BEARINGS SHOWN HEREON ARE BASED ON A CADD FILE (RWDTROOl.DON) RECEIVED FROM PEGASUS ENGINEERING, HAVING A
CHORD BEARING OF S39°05'30'E FOR THE FIRST COURSE OF THE LEGAL DESCRIPTION FOR THE NORTHEASTERLY RIGHT OF WAY
LINE OF STATE ROAD No. 434.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIPS OR OTHER INSTRUMENTS
OF RECORD BY THIS FIRM.
3. THIS LEGAL DESCRIPTION AND SUPPORTING SKETCH WAS PREPARED WITH THE BENEFIT OF A "TITLE SEARCH REPORT" BY
AMERICAN GOVERNMENT SERVICES CORPORATION, SEARCH NUMBER 28485, HAVING 4 CERTIFIED DATE RANGE FROM 1935
THROUGH FEBRUARY 7, 2018. EASEMENTS AND RESTRICTIONS LISTED IN LIST OF ENCUMBRANCES THEREOF ARE SHOWN
HEREON OR REFERRED TO BELOW. [SURVEYOR'S COMMENTS IN 8RAKETS1
EASEMENT SECTION - No. I: SUBJECT TO FLORIDA POWER CORPORATION DISTRIBUTION EASEMENT, RECORDED IN
OFFICIAL RECORDS BOOK 1615, PAGE 452, SUBORDINATION OF UTILITY INTERESTS RECORDED IN OFFICIAL RECORDS
BOOK 2352, PAGE 1324, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. [PORTION LIES UPON THE RIGHT OF WAY
TRANSFER AREA,AS SHOWN HEREON]
EASEMENT SECTION - No. 2. SUBJECT TO FLORIDA POWER CORPORATION DISTRIBUTION EASEMENT, RECORDED IN
OFFICIAL RECORDS SOON 1615, PACE 453, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. [PORTION LIES UPON THE
RIGHT OF WAY TRANSFER AREA, AS SHOWN HEREON)
EASEMENT SECTION - No. 3: SUBJECT TO FLORIDA POWER CORPORATION DISTRIBUTION EASEMENT, RECORDED IN
OFFICIAL RECORDS BOOK 1631, PAGE Ift, SUBORDINATION OF UTILITY INTERESTS RECORDED IN OFFICIAL RECORDS
BOOK 2352, PAGE 1324, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, [PORTION LIES UPON THE RIGHT OF WAY
TRANSFER AREA,AS SHOWN HEREON]
EASEMENT SECTION , No. 4: SUBJECT TO FLORIDA POWER CORPORATION DISTRIBUTION EASEMENT, RECORDED IN
OFFICIAL RECORDS BOOK 1631, PAGE 1822, SUBORDINATION OF UTILITY INTERESTS RECORDED IN OFFICIAL RECORDS
BOOK 2352, PAGE 1324, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. [PORTION LIES UPON THE RIGHT OF WAY
TRANSFER AREA,AS SHOWN HEREON]
EASEMENT SECTION - No. 5, FDOT PERPETUAL EASEMENT, RECORDED IN OFFICIAL RECORDS BOOK 2739, PAGE 1861,
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. [DOES NOT LIE UPON THE RIGHT OF WAY TRANSFER AREA, AS
SHOWN HEREON]
EASEMENT SECTION - No. 6. SANITARY SEWER EASEMENT, RECORDED IN OFFICIAL RECORDS BOOK 5200, PAGE 1746,
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. [DOES NOT LIE UPON THE RIGHT OF WAY TRANSFER AREA, AND IS
NOT SHOWN HEREON]
LEASE SECTION - No. h MEMORANDUM OF SITE AGREEMENT FOR LAND/LEASE, RECORDED IN OFFICIAL. RECORDS BOOK
3418, PAGE 409, MEMORANDUM OF AGREEMENT, RECORDED IN OFFICIAL RECORDS 800K 3979, PAGE 849, AND
MEMORANDUM OF SECOND AMENDMENT TO SITE AGREEMENT, RECORDED IN OFFICIAL RECORDS BOOK 8770, PAGE 1690,
ALL OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. [EASEMENTS REFERRED TO WITHIN SAID DOCUMENTS.
ARE NOT LEGIBLE, BUT APPEAR 7-0 BE THE SAME EASEMENTS REFERRED TO IN LEASE SECTION NUMBER 21
NOTE:
SEE SHEET 2 FOR DESCRIPTION OF PROPERTY AND LEGEND
SEE SHEET 3 FOR SKETCH OF DESCRIPTION;
CERTIFIED TO:
THE CITY OF WINTER SPRINGS, FLORIDA;
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
LOCHRANE ENGINEERING, INC.
L. B. No. 2856
CHRISTOPHER A. LABERGE, P.S.M. No. 6014
NOT VALID W17-HOIJT THE SIGNATURE AND ORIGINAL RAISED SEAL
OF A FLORIDA LICENSED SURVEYOR AND MAPPER
No.
THIS lS NOT A SURVEY
REVISIONS
DATE
LOCHRANE
Consulting Engineers ® Surveyors
201 South Bumby Avenue, Orlondo, Florldo 32803 (407)896-3517
PREPARED FOR: CITY OF WINTER SPRINGS
DATE: 0411212018 1 DRAWN BY: L.G.
REVISED: PROJECT No. /810/030
SCALE. NIA SHEET I OF 3
No.
I
SKETCH OF DESCRIPTION Exhibit "'A"
CITY OF WINTER SPRINGS
RIW TRANSFER
SURVEYOR'S REPORT (CONT).
LEASE SECTION - No. 2: MEMORANDUM OF LEASE AGREEMENT, RECORDED IN OFFICIAL RECORDS 800K 4230, PAGE 1440,
FIRST AMENDMENT TO MEMORANDOM OF LEASE AGREEMENT, RECORDED IN OFFICIAL RECORDS BOOK 7298, PAGE 595,
ALL OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, [EASEMENTS REFERRED TO WITHIN SAID DOCUMENTS. DO
NOT LIE UPON THE RIGHT OF WAY TRANSFER AREA, AS SHOWN HEREON]
LEASE SECTION - No. 3; MEMORANDUM OF MASTER PREPAID LEASE AND MANAGEMENT AGREEMEN7, RECORDED IN
OFFICIAL RECORDS BOOK 8278, PAGE 1944, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. [DESCRIBES PARCEL
IDEN TIFICA TION NUMBER 26 - 20 - 30 - 5AR - OBOO - 0270, AND SPECIFIES EASEMENTS FOR INGRESS, EGRESS AND UTILITIES,
WHICH ARE NOT SPECIFICALLY DESCRIBED]
4. THE PARENT TRACT (PARCEL IDENTIFICATION NUMBER 26-20-30-5AR-0800-02701 SHOWN HEREON AS WELL AS THE RIGHT OF
WAY TRANSFER AREA ARE BASED ON A CADO FILES RECEIVED FROM PEGASUS ENGINEERING. THIS IS NOT A SURVEY, AND NO
FIELD WORK WAS PERFORMED BY LOCHRANE FOR THE PREPARATION OF THIS DOCUMENT.
LEGAL DESCRIPTION
A PORTION OF TAX PARCEL IDENTIFICATION NUMBER 26-20-30-5AR-01900-0270,PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE WESTERLY LINE OF LUTTRELL PARK, AS RECORDED IN PLAT BOOK
PAGE 44 (VACATED BY OFFICIAL RECORDS BOOK 1656, PACE 2141, PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, WITH THE NORTHEASTERLY RIGHT OF WAY LINE OF STATE ROAD 434 (65 FEET OF RIGHT OF WAY FROM
THE CENTERLINE TO SAID NORTHERLY RIGHT OF WAY LINE OF STATE ROAD 434, PER FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT-OF-WAY MAP, SECTION 77070-2516), SAID INTERSECTION LYING ON A CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 56436.74 FEET AND A CHORD BEARING OF S39°05'30"E; THENCE RUN
SOUTHEASTERLY ALONG SAID NORTHEASTERLY RIGHT-OF-WAY' LINE AND ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 0'208", A DISTANCE OF 238.06 FEET TO THE POINT OF BEGINNING, THENCE
CONTINUE SOUTHEASTERLY ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE AND ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 0-2341", A DISTANCE OF 264.84 FEET; THENCE DEPARTING SAID NORTHEASTERLY
RIGHT-OF-WAY LINE, RUN N25°20'144 A DISTANCE OF 28.33 FEET TO THE BEGINNING OF A NON TANGENT CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 38429.74 FEET AND A CHORD BEARING OF N3929'04"W; THENCE
RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0'16'38", A DISTANCE OF
185.96 FEET TO THE END OF SAID CURVE: THENCE RUN N47'03'51"W, A DISTANCE OF 51.86 FEET TO THE POINT OF
BEGINNING,
CONTAINING THEREIN 1,578 SQUARE FEET MORE OR LESS.
ABBREVIA TION
LEGEND
CILCENTERLINE
N'Y
NORTHEASTERLY
EASEMENT
EASEMENT SECTION PER TITLE SEARCH REPORT
INC.
INCORPORATED
ESUT
EASEMENT
PIL
PROPERTY LINE
LEASE SECTION PER TITLE SEARCH REPORT
ORB
OFFICIAL RECORD BOOK
P. I.
POINT OF INTERSECTION
POC
POINT OF COMMENCEMENT
ROB
POINT OF BEGINNING
NTC
NON -TANGENT CURVE
PT
POINT OF TANGENCY
PC
POINT OF CURVATURE
PRC
POINT OF REVERSE CURVATURE
Cl
REFERENCE 7-0 CURVE TABLE
L/
REFERENCE TO LINE TABLE
PIN
RIGHT OF WAY
RGE.
RANGE
THIS IS NOT A SURVEY
SEC.
SECTION
S11N
S. R.
SIDEWALK
STATE ROAD
S'L Y
SOUTHERLY
10CHRANE
TWP.
TOWNSHIP
P
L
RADIUS
LENGTH
Consulting Engineers - Surveyors
20/ South Bumby Avenue, Orlondo, Floridc 32803 (407,1896-3317
PREPARED FOR: CITY OF WINTER SPRINGS
REVISIONS DATE
DATE. 0411212�018� DRAWNBY, L. G.
REVISED:: PROJECT No Z
180/0
SCALE: NIA SHEETT
S 2 OF
2
-) 1\ L I L, 1-7 L) r- LIEJC fTlr / /LJIV
CITY OF WINTER SPRINGS
b RIW TRANSFER KN
No.
REVISIONS
DATE
L#CN)FANE
Consulting Engineers - Surveyors
20/ South Bumby Avenue, OrIGndo. Florido 3280,3 (407)896-3317
PREPARED FOR: CITY OF WINTER SPRINGS
DATE: 0411212016 DRAWN BY. L. G.
REVISED: PROJECT No. IBO/OJO
I" = 60' SHEET 3 OF 3
THIS IS NOT
A SURVEY