HomeMy WebLinkAbout2017 12 11 Public Hearings 400 Ordinance 2017-13, First Reading, 419 Metal Recycling Small Scale Future Land Use Map AmendmentCOMMISSION AGENDA
ITEM 400
Informational
Consent
Public Hearings
X
Regular
December 11, 2017 KS BF
Regular Meeting City Manager Department
REQUEST:
The Community Development Department requests the City Commission hold a Public
Hearing to consider: 1) First Reading of Ordinance 2017 -13 which proposes the Small -
Scale Future Land Use Map Amendment of several parcels totaling approximately 3.4
acres, generally located north of State Road 419 near Layer Elementary School; and 2)
A draft proposed Developer's Agreement between the City and 419 Metal & Auto
Recycling Center, Inc.
SYNOPSIS:
The City of Winter Springs Community Development Department has initiated the
request for a Small Scale Future Land Use Map Amendment for several parcels totaling
approximately 3.4 acres, generally located north of State Road 419 near Layer
Elementary School. Ordinance 2017 -13 proposes to change the Future Land Use Map
designation of the property from City of Winter Springs "Commercial"
and "Undesignated" to City of Winter Springs "Industrial." An associated draft
Developer's Agreement is also submitted for the City Commissions review and input,
with the final version to be submitted for City Commission approval with second
reading of Ordinance 2017 -13.
CONSIDERATIONS:
TRAIL MISSING LINK BACKGROUND INFORMATION:
A gap in the Cross - Seminole Trail, referred to as the "Missing Link," has existed for
years between Layer Elementary School and the western end of Old Sanford Oviedo Road,
Public Hearings 400 PAGE 1 OF 7 - December 11, 2017
a distance of approximately 0.6 miles (see Exhibit A). The primary reason for the gap has
been the lack of available right -of -way sufficient for the trail, which for the vast majority of
the trail within Seminole County is located on lands owned by the State of Florida, with
Seminole County serving as the managing entity.
A solution to close the gap has been in development for several years and generally
involves a three way swap of land between the City of Winter Springs, the State of Florida
Office of Greenways and Trails, and 419 Metal Recycling (Mr. Bart Phillips). Under the
terms of the proposed land exchange (or "swap "), the following actions are planned:
• Mr. Phillips donates land along the State Road 419 frontage to the City for the trail
(approx. 1.36 acres)
• The City conveys the State Road 419 frontage land (approx. 1.36 acres) to the State
for the trail right -of -way, which will then be constructed, operated, and maintained by
Seminole County
• The State conveys lands to the City at Magnolia Park (approx.. 0.44 acres), the site
for future construction of a planned City amphitheater
• The State conveys a small parcel to the City (approx.. 0.1 acres), referred to as
the "nub parcel" between Layer Elementary School and the 419 Metal Recycling
property, and then the City conveys this parcel to Mr. Phillips
• The City permits the trail to be constructed within a section of unimproved City right -
of -way extending from State Road 419 to Old Sanford - Oviedo Road
A draft Developer's Agreement between the City and 419 Metal Recycling/Phillips has
been prepared to facilitate and memorialize the terms and conditions of the land conveyance
from Mr. Phillips to the City (see Exhibit C), covering the following items:
• Mr. Phillips to convey the future trail property to the City, as described above
• City conveys the 0.1 -acre "nub parcel" to Mr. Phillips (after receipt from the State)
• Identification of the limits of the "Recycling Property" where 419 Metal Recycling is
authorized to operate
• Mr. Phillips to complete construction of a 10 -foot screen wall at the perimeter of the
Recycling Property and surrounding area
• City provides setback relief for non - recycling lands owned by Mr. Phillips adjacent to
the trail right -of -way
In conjunction with the Developer's Agreement, the City is processing a Future Land Use
Map (FLUM) Amendment (Ordinance 2017 -13) and Rezoning (Ordinance 2017 -14) of a
3.4 -acre land area, owned by Mr. Phillips, that will be the front (southern) portion of the
419 Metal Recycling site. The purpose of the FLUM amendment and Rezoning is to unify
the land use and zoning designation for the portion of the Phillips property that is to operate
as a recycling business (the "Recycle Property ").
The Developer's Agreement is submitted at this time for the City Commission's review and
input. The final version is expected to be submitted for City Commission approval in
conjunction with the second readings of the FLUM Amendment and Rezoning.
Public Hearings 400 PAGE 2 OF 7 - December 11, 2017
FUTURE LAND USE MAP AMENDMENT:
APPLICABLE LAW AND PUBLIC POLICY:
Florida Statute 163.3174 (4)
Florida Statute 163.3187 Amendment of adopted comprehensive plan;
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions;
Winter Springs Charter Section 4.15 Ordinances in General;
Winter Springs Article III. Comprehensive Plan Amendments;
Section 15 -30. Authority, purpose and intent;
Section 15 -35. Review Procedure;
Section 15 -36. Review criteria;
Section 15 -37. Local Planning Agency Review and Recommendation:
Florida Statutes 163.2511- 163.3246
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Springs Charter Article IV. Governing Body.
Section 4.06. General powers and duties.
Section 4.15. Ordinances in General.
City of Winter Springs Comprehensive Plan.
Winter Springs Code of Ordinances, Chapter 20, Zoning, Article III Establishment of
Districts, Division 4.
Winter Springs Code of Ordinances, Chapter 20, Zoning, Article II, Section 20 -31.
APPLICANT AND PROPERTY INFORMATION:
. Property owners:
• Bartholomew D. & Cynthia D. Phillips
• State of Florida - Trustees of the Internal Improvement Trust Fund (TIITF) -
Office of Greenways and Trails
. Parcel Identification Numbers:
• 34- 20- 30 -5AW- 0000 -0330
• 35- 20 -30- 300 - 0010 -0000
o 35- 20 -30- 300 -OO1A -0000 (partial)
. Current FLUM Designation:
• City of Winter Springs "Commercial"
• City of Winter Springs "Undesignated"
. Proposed FLUM Designation: City of Winter Springs "Industrial"
. Previously Approved Development permits such as conditional use, waiver, or
variance (if any): N/A
. Pending Code Enforcement Actions (if any): No current Code Enforcement actions
. Ci , Liens (if any): No known City liens
COMPREHENSIVE PLAN ANALYSIS:
Justification for Future Land Use Designation - Through Ordinance 2017 -13, the City is
requesting a change from the City of Winter Springs "Commercial" and "Undesignated" to
Public Hearings 400 PAGE 3 OF 7 - December 11, 2017
the City of Winter Springs "Industrial" future land use designation on the 3.4 acre area. The
requested future land use map designation is designed to integrate the subject parcels into
the surrounding industrial land uses.
CONSISTENCY WITH THE CITY'S CODE OF ORDINANCES:
Section 15 -36 Review Criteria
The recommendation of the Staff shall be based on the following minimum factors, if
applicable:
1) Whether the proposed amendment will have a favorable or unfavorable effect on
the city' s budget, or the economy of the city or the region; Converting the subject parcel
will have neither a favorable nor unfavorable effect on the city's budget, or the economy of
the city or the region. The requested future land use map designation change will convert
the subject property to "Industrial" which is the prevailing land use in the area.
2) Whether the proposed amendment will diminish or negatively impact the level of
service (LOS) of public facilities; Based on the information below, Staff has determined
that the proposed amendment does not negatively impact the LOS of public facilities.
ROADS /TRAFFIC CIRCULATION.
The subject property is accessed from Wade Street via State Road 419, a two -lane FDOT
arterial roadway. The proposed amendment will not result in an increased traffic generation
from the subject property, based on the list of permitted uses in the Industrial Zoning
District (I -1). State Road 419 has a current average daily traffic volume of 17,400 (per
FDOT) and an acceptable level of service of "D."
POTABLE WATER:
The City has potable water facilities available to serve the subject property. The water
service consists of an existing 8 -inch water main along Wade Street and Old Sanford -
Oviedo Road.
WASTEWATER:
The City has an existing 4 -inch force main along Old Sanford - Oviedo Road that is available
for wastewater service to the subject parcels.
RECLAIMED WATER:
Facilities serving the subject property: None currently.
ELECTRIC SERVICE:
Facilities serving the subject property: Duke Energy currently serves the surrounding
parcels.
SOLID WASTE:
Facilities serving the subject property: The City of Winter Springs serves the property
through a franchise agreement with Waste Pro of Florida, Inc., a private solid waste
contractor who will provide service to the subject parcels.
STORMWATER MANAGEMENT:
Facilities serving the parcels: None currently. Upon future site development, the site may be
required to provide onsite stormwater management facilities, in accordance with the
Public Hearings 400 PAGE 4 OF 7 - December 11, 2017
applicable St. Johns River Water Management District (SJRWMD) and City of Winter
Springs criteria.
POLICE:
The City of Winter Springs is responsible for police protection. The station closest in
proximity to the subject property is located at 300 N. Moss Road. Response times are
averaged monthly. It is not anticipated that the change in land use will affect the response
times.
FIRE:
Seminole County is responsible for fire protection. Seminole County Fire Station 24,
located at 102 North Moss Road in Winter Springs, is the closest fire station. The response
time is approximately two minutes. It is not anticipated that the change in land use will
affect the response times.
3) Whether there will be a favorable or unfavorable impact on the environment or the
natural or historical resources of the city or the region as a result of the proposed
amendment;
Converting the subject parcel will have neither a favorable nor unfavorable impact on the
environment or the natural or historical resources in the area. The subject parcels are
substantially cleared and there are no known natural or historical resources on the property.
NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES:
The change in designation from City of Winter Springs "Commercial" to City of Winter
Springs "Industrial" will not result in any nuisance potential for the surrounding properties
because future industrial development would be compatible with the
surrounding "Commercial" and "Industrial" future land use designations.
FLOOD PRONE AREAS:
The property is located entirely in Flood Zone "X," which is outside of the 100 -year
floodplain, according to the FEMA Flood Insurance Rate Map.
4) Whether the proposed amendment is consistent with the goals, objectives, and
policies of the state comprehensive plan set forth in Chapter 187, Florida Statutes, and
the East Central Florida Strategic Regional Policy Plan, as amended from time to time;
Staff has determined that the change in future land use designation of this property to
industrial is consistent Central Florida Strategic Regional Policy Plan which allows for infill
development. Staff also determined that the proposed amendment is consistent with the
goals, objectives, and policies of the state comprehensive plan set forth specifically found in
Chapter 187.201, which promotes development and redevelopment activities which
encourage efficient development and occur in areas which will have the capacity to service
new population and commerce.
5) Whether the city is able to provide adequate service from public facilities to the
affected property, if the proposed amendment is granted, and whether the proposed
amendment will promote the cost /effective use of or unduly burden public facilities;
The City is able to provide
adequate service of public facilities to the subject property based on information stated
herein.
6) Whether the proposed amendment is compatible with surrounding neighborhoods
Public Hearings 400 PAGE 5 OF 7 - December 11, 2017
and land use;
The proposed amendment is compatible with the industrial and commercial uses located to
the north, west, and south. The proposed amendment is consistent with the existing
industrial use to the north, and a screen wall is being built around the perimeter of the
industrial land, which will minimize the potential nuisance impacts to the surrounding
properties.
(7)Whether approval of the proposed amendment will cause the comprehensive plan
to be internally inconsistent; Staff determined that the proposed amendment will not cause
the comprehensive plan to be internally inconsistent.
(8) Whether the proposed amendment will promote or adversely affect the public
health, safety, welfare, economic order, or aesthetics of the city or region; The proposed
comprehensive amendment is not in conflict with state law and satisfies the applicable
provisions of the City Code.
(9) The contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to
163.3191, Florida Statutes; At this time the City is currently in the process of completing
the Evaluation and Appraisal Report ( EAR). Staff does not anticipate any conflicts.
(10) Whether the proposed amendment is consistent and in compliance with law; Yes,
the proposed amendment is consistent and in compliance with the state law.
11) Whether the proposed amendment is consistent, and not in conflict, with the
legislative policy directives established by the city commission including, but not
limited to, those set forth in the city' s comprehensive plan and city code, adopted
master plans, economic development goals and objectives, community redevelopment
plans, and brownfield areas. The proposed amendment is consistent with policy directives
established by the City Commission.
Letters/Phone Calls In Favor Or Opposition
To date, the City has not received any letters or phone calls in opposition to this proposal.
FISCAL IMPACT:
Ordinance 2017 -13 has no fiscal impact. The land exchange covered under the Developer's
Agreement saves the City over $100,000 in potential land acquisition costs for the land
being acquired at the amphitheater site.
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
Public Hearings 400 PAGE 6 OF 7 - December 11, 2017
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.
The proposed Ordinance was advertised in the Orlando Sentinel on Sunday, December 3,
2017, and a standard yellow sign has been posted at the property.
RECOMMENDATION:
Staff recommends that the City Commission approve the first reading of Ordinance 2017 -13
and provide input on the draft Developer's Agreement.
ATTACHMENTS:
1. Exhibit A — Trail Missing Link Map (1 page)
2. Exhibit B - Ordinance 2017 -13 (4 pages)
3. Exhibit C - Developer's Agreement (18 pages)
4. Exhibit D - Advertisement, Orlando Sentinel (1 page)
Public Hearings 400 PAGE 7 OF 7 - December 11, 2017
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EXHIBIT A
EXHIBIT B
ORDINANCE NO. 2017 -13
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, RELATING TO COMPREHENSIVE
PLANNING; PROVIDING FOR ADOPTION OF AN
AMENDMENT TO THE FUTURE LAND USE MAP FOR
SEVERAL PARCELS OF REAL PROPERTY WITHIN THE
CITY OF WINTER SPRINGS CONSISTING OF
APPROXIMATELY 3.4 TOTAL ACRES, MORE OR LESS,
GENERALLY LOCATED NORTH OF STATE ROAD 419
NEAR LAYER ELEMENTARY SCHOOL, WINTER
SPRINGS, SAID PARCELS BEING MORE PARTICULARLY
DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A"
ATTACHED HERETO; CHANGING THE FUTURE LAND
USE MAP DESIGNATION ON THE PARCELS FROM
EITHER "COMMERCIAL" TO "INDUSTRIAL" OR
UNDESIGNATED TO "INDUSTRIAL ", AS APPLICABLE;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE COMPREHENSIVE PLAN;
SEVERABILITY, AND AN EFFECTIVE DATE AND LEGAL
STATUS OF THE PLAN AMENDMENT.
WHEREAS, the future land use map amendment embodied in this Ordinance is a small
scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section
163.3187(1), Florida Statutes; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing on , in accordance with the procedures established in
Chapter 163, Part 11, Florida Statutes, on the proposed comprehensive plan amendment; and
WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public
hearing on the proposed amendment set forth hereunder and considered findings and advice of
staff, citizens, and all interested parties submitting written and oral comments and supporting data
and analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan
Amendment set forth hereunder; and
WHEREAS, the City Commission of the City of Winter Springs hereby finds that this
Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
City of Winter Springs
Ordinance No. 2017 -13
Page 1 of 3
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
to, the Community Planning Act, formerly known as the Local Government Comprehensive
Planning and Land Development Regulations Act.
Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of
this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of
the City of Winter Springs Comprehensive Plan.
Section 4. Adoption of Amendment to the Future Land Use Map. The City of
Winter Springs Comprehensive Plan, Future Land Use Map, is hereby amended by changing the
designation of the real property legally described and depicted on Exhibit "A" from either
"Commercial" Future Land Use to "Industrial" Future Land Use or Undesignated to "Industrial"
Future Land Use, as applicable. The intent of this Ordinance is that the real property be entirely
designated "Industrial." Exhibit "A" is attached hereto and fully incorporated herein by this
reference.
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance 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 Ordinance.
Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph
number or letter and any heading may be changed or modified as necessary to effectuate the
foregoing.
Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
date of this Ordinance shall take effect thirty -one (3 1) days after adoption, in accordance with
Section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption
of this Ordinance, in which case this Ordinance shall become effective at such time as the state
City of Winter Springs
Ordinance No. 2017 -13
Page 2 of 3
land planning agency or the Administrative Commission issues a final order determining that the
adopted small scale development amendment is in compliance. No development orders,
development permits, or land use dependent on this Amendment may be issued or commenced
before it has become effective. After and from the effective date of this Amendment, the
Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs
Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status
of the City of Winter Springs Comprehensive Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2018.
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
Legal Ad:
First Reading:
Second Reading:
Charles Lacey, Mayor
City of Winter Springs
Ordinance No. 2017 -13
Page 3 of 3
EXHIBITA
DESCRIPTION:
A PORTION OF LOT 33, OF ENTZMINGER FARMS ADDITION NO. 2, AS RECORDED IN PLAT BOOK 5, PAGE 9 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, AND ALSO THE A PORTION OF ATLANTIC COAST LINE RAILROAD OF SAID ENTZMINGER FARMS ADDITION NO 2,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE WEST I— OF LOT 33, ENTZMINGER FARMS ADDITION N0, 2, AS RECORDED IN PLAT BOOK 5, PAGE 9
OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND THE NORTH RIGHT —OF —WAY LINE OF A PORTION OF ATLANTIC COAST LINE
RAILROAD AS RECORDED IN SAID ENTZMINGER FARMS ADDITION N0. 2, THENCE S 82'59'03" E ALONG SAID NORTH LINE OF PLATTED
ATLANTIC COAST LINE RAILROAD. A DISTANCE OF 544.67 FEET TO THE EAST LINE OF LOT 11; THENCE S 0704'58" E ALONG A SOUTHERLY
PROJECTION OF SAID EAST LINE OF LOT 11. A DISTANCE OF 281.39 FEET TO A POINT ON A LINE LYING 27.00 FEET NORTH OF, WHEN
MEASURED PERPENDICULARLY TO. THE NORTH RIGHT —OF —WAY LINE OF COUNTY ROAD 419: THENCE N 82'59'30" W ALONG SAID PARALLEL
5 LINE, A DISTANCE OF 544.65 FEET TO THE AFORESAID WEST LINE OF LOT 33; THENCE N 07'04'58" W ALONG SAID WEST LINE OF LOT 33
AND THE EXTENSION THEREOF, A DISTANCE OF 281.47 FEET TO THE POINT OF BEGINNING.
CONTAINING THEREIN 148,669 SOUARE FEET TEA ACRES), MORE OR LESS
SURVEYOR'S REPORT
1) Bearings shown hereon ore I ased on 11, North right of way line of 11", Rood No. 499 being N 82 "59'30" W (assumed).
2) T e Surveyor has no( 1 acted the lands s own ereon for easements and /oi rlghis of way of rernid
GRAPHIC SCALE 3) No andergroand In9mnouons, roandaoon roo�mgs, or ImPro�ement9 none een ooa�ed e.rePr a9 oared
0 4) 1— may be —W —1 re 1,Sl ;o that ore not rernrded on tfi,'s survey that may be found %n the p he rerords of this rounfy
5) T are ,s no evidence — the ground of use of the property w ,c might suggest o 1, P of easement other thou those shown on the su vey
6) This SLivey was re ared for the Identities named hereon and U nontransferable P
( 1E FEET) 7) Improvements .;ON a theli s101c easements hove not been loco fed as o port of thls survey.
1 Inch = 50 ft 8) The purpose of (n survey N to rnlculafe el, appro,-✓"" area of the subJecf proverfy
LEGEND:
A) PLAT BOOK
RI W RIGHT —GF —WAY
PL CENTERLINE
PG PAGE OR PAGES
F 0.0 T. FLORIDA DEPARTMENT OF TRANSPORTATION
I 1
I I I
O LOT 11
O w D_ I POINT OF BEGINNING ENTZMINGER FARMS ADDITION NO 2
LJ PLAT BOOK 5, PAGE 9
ly- cr-LnI
NORTH RIGHT —OF —WAY LINE
— �D O I OF ATLANTIC COAST LINE RAILROAD O
EJ ED m EAST LINE OF LOT 11
Q
Q S 82 °59'03» E
- _ o 544.67'
_ CSX
TRANSPORTATION INC.
100' VACATED R /RAIL CORRIDOR w 31.30' — — — — —
_ —
— — - - _
Co o l
rn
WEST LINE OF LOT 33 6929 (P) 692.26' (C)— — — z co
I 00 N LINE OF LOT 33 — L 56.42'
L1J — —
O O
J m
O o LOT 33 WEST LINE OF THE EAST
AT
Z 143.14' OF LOT 34 O
I a m
5' LANDSCAPE & MAINTENANCE EASEMENT z
30 = W 544.65' 27.00, o<
- -_
692.8' (p)
_ N R/W IL N
— E OF C.R. 419 CA A
CA
(F.o.o.T. R /wNPT ROAD NO. 419 - -
SECTiOIU � -
77070 -250 SHEET 6, sH 5)
CERTIFICATION, I hereby 11,Gy that the y rewe.ented an this mag w made ender my due.1mn a
(he date shown based on the Tnformo(lon furnls5ed (o m noted and cen No to the MINIMUM TECHNICAL
STANDARDS FOR LAND SURVEYING AND MAPPING IN THE STATE OF FLORIDA In accordance .Rh CH.51G17 -6.
Florida Administrative Code
Prepared by and return to:
Anthony A. Garganese, City Attorney
Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32802 -2873
(407) 425 -9566
DRAFT: 11/27/17
DEVELOPER'S AGREEMENT
THIS DEVELOPER'S AGREEMENT ( "Agreement') is made this day of
, 2018, by and between BARTHOLOMEW D. and CYNTHIA D. PHILLIPS,
husband and wife ( "Phillips "), BARTHOLOMEW D. PHILLIPS, individually, and
419 METAL & AUTO RECYCLING CENTER, INC., a Florida corporation
(collectively referred to as "Owner "), and the CITY OF WINTER SPRINGS, a Florida
municipal corporation ( "City ").
WITNESSETH:
WHEREAS, Bartholomew D. Phillips, individually, Bartholomew D. and
Cynthia D. Phillips, husband and wife, and 419 Metal & Auto Recycling Center, Inc. are
current fee simple owners of their respective portions of the real property legally
described in EXHIBIT "A," which is attached hereto and fully incorporated herein by
this reference ( "Recycling Property "); and
WHEREAS, Bartholomew D. and Cynthia D. Phillips, husband and wife, are
also the current owner of Seminole County Tax Parcel Id. #34- 20- 30- 5AW -0000-
0340/0350, which is legally described on the attached EXHIBIT "B," which is hereby
fully incorporated herein by this reference ( "Non - Recycling Property "); and
WHEREAS, Bartholomew D. Phillips is the principal owner of 419 Metal &
Auto Recycling Center, Inc.; and
WHEREAS, in accordance with Section 20 -259 (10) of the City Code, 419 Metal
& Auto Recycling Center, Inc. currently operates a secondary metal recycling business
for non - hazardous recyclable materials, and said business operation occurs on a
substantial portion of the Recycling Property ( "Recycling Business "); and
WHEREAS, subject to the terms and conditions of this Agreement, Owner
desires to aggregate the tax parcels of land described above as the Recycling Property for
purposes of identifying the land area that will be permitted to be used for the Recycling
Business in accordance with the requirements of Section 20- 259(10) and for purposes of
planning the future redevelopment and improvement of the Recycling Property for the
Recycling Business; and
Developer's Agreement
City of Winter Springs
Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc.
Page 1 of 13
WHEREAS, subject to the terms and conditions of this Agreement, Bartholomew
D. And Cynthia D. Phillips desire to plan for the future redevelopment and improvement
of the Non - Recycling Property; and
WHEREAS, Bartholomew D. And Cynthia D. Phillips, husband and wife also
desires to convey real property to the City for purposes of completing the "missing link"
to the Cross - Seminole Trail along and adjacent to State Road 419 as more specifically set
forth herein, and the City desires to accept said conveyance in accordance with the terms
and conditions of this Agreement; and
WHEREAS, Owner and the City intend, for the terms of this Agreement, to
memorialize their understanding and agreement regarding their respective interest,
expectations, and intentions regarding the aforementioned operation of a Recycling
Business on the Recycling Property, redevelopment of the Non - Recycling Property and
the conveyance of real property for the Trail "missing link" to the City.
NOW, THEREFORE, in consideration of the public purpose stated herein, and
the mutual covenants, terms, and conditions and restrictions contained herein, together
with other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1. Incorporation of Recitals. The foregoing recitals are hereby deemed true and
correct and are fully incorporated herein by this reference.
2. Trail Property Conveyance. Within thirty (30) days of the effective date of this
Agreement ( "Closing Date "), Bartholomew D. And Cynthia D. Phillips (the
"Phillips ") hereby agree to convey and donate at no cost to the City fee simple title to
the real property legally described on the attached EXHIBIT "C," which is hereby
deemed fully incorporated herein by this reference ( "Trail Property "). The Trail
Property is generally described as a 27 -foot wide strip of land totaling approximately
1.36 acres more or less running along the entire boundary of the Tax Parcel Id. # 34-
20-30-5AW- 0000 -0330 portion of the Recycling Property and Non- Recycling
Property contiguous to SR 419. The Trail Property shall be used for the Cross
Seminole Trail extension or such other public purposes deemed acceptable by the
City. There shall be no re- conveyance restrictions upon the Trail Property, and the
City shall be free to convey the Property to the State of Florida, Seminole County or
such other person.
2.1 The conveyance marketable title required by this Paragraph shall be by
warranty deed, and shall be free and clear of all encumbrances including,
but not limited to, mortgages, liens, easements and other encumbrances
that could affect the City's intended use of the Trail Property.
2.2 Closing shall be held in the county where the Trail Property is located at
the office of the attorney or other closing agent designated by City. At
Developer's Agreement
City of Winter Springs
Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc.
Page 2 of 13
City's discretion, the City may extend the Closing Date up to sixty (60)
days or may be extended by mutual agreement of the Parties.
2.3 The City shall furnish the Closing Documents for Phillips' review and
execution including, but not limited to, the Warranty Deed, Bill of Sale,
Assignments, Ownership and Lien Affidavit, Certificate of Non - Foreign
Status, satisfaction and release of liens or mortgages, and Closing
Statement.
2.4 The City shall pay the premium for the City's ALTA Owner's Policy 10-
17-92 (Florida Modified) Title Insurance Policy, charges for related title
services including but not limited to title or abstract charge, title
examination, and settlement and closing fee, the cost of recording
corrective instruments and Florida Documentary Stamps to be affixed to
the Warranty Deed. Phillips shall pay any fees related to providing any
required corrective instruments including, but not limited to, releases of
mortgages and liens which are necessary to convey the Trail Property to
the City in accordance with the terms and conditions of this Agreement.
The City shall pay the cost of recording the Warranty Deed. Each party
shall pay their respective attorney's fees.
2.5 Real property taxes, special assessments and ad valorem taxes for the
year of closing and any other pro - ratable items will not be prorated and
will be paid by the City if necessary. However, all real property taxes,
special assessments and ad valorem taxes for prior years shall be paid by
Phillips prior to Closing.
2.6 Phillips shall furnish to the City at the time of Closing an affidavit
attesting to the absence, unless otherwise provided for herein, of any
Notices to Owner or Claims of Lien of potential lienors known to Phillips
and further attesting to the unquestioned ownership by Phillips of the
Trail Property and further attesting that there have been no improvements
to the Trail Property for 90 days immediately preceding the Closing Date
for which payment has not been made in full, or for which payment has
not been secured or provided for, all in form acceptable to Phillips and
the City and the title company. If the Trail Property has been improved
or repaired within 90 days at the request of and authorization by Phillips
immediately preceding the Closing Date, Phillips shall deliver releases or
waivers of construction liens executed by all general contractors,
subcontractors, suppliers, and materialmen in addition to Phillips's lien
affidavit setting forth the names of all such general contractors,
subcontractors, suppliers and materialmen and further affirming that all
charges for improvements or repairs which could serve as a basis for a
construction lien or a claim for damages have been paid or will be paid at
closing of this Agreement.
Developer's Agreement
City of Winter Springs
Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc.
Page 3 of 13
2.7 At the Closing and up to ninety (90) days thereafter, Phillips and the City
agree to execute and deliver such other and further instruments and to
take such further actions as either of them or their counsel may
reasonably request of the other in order to fully implement the terms of
this Agreement and the closing thereof as long as said request is
consistent with the respective obligations of the parties as set forth in this
Agreement. Further, in the event the City re- conveys the Trail Property
to the State of Florida or Seminole County for trail purposes, Phillips
agrees to execute and deliver such other instruments and to take such
further actions as the State or County may reasonably request in order to
fully implement the terms of this Agreement and re- conveyance to the
State or County. This paragraph shall survive the closing.
2.8 419 Metal & Auto Recycling Center, Inc. hereby consents to the Closing
required by this Paragraph and agrees to support the Closing and not to
contest or challenge the Closing in any way whatsoever.
2.9 Phillips hereby represents and warrants to the City based on Phillips'
actual knowledge, without investigation:
(A) That Phillips has good, marketable, and indefeasible title to, and is
in possession of, the Trail Property, free and clear of all liens, security
interests and encumbrances, excluding only those (i) which may be
satisfied or released at Closing, (ii) to which the City's title shall be
subject as otherwise provided in this Agreement, (iii) liens for taxes not
yet due and payable, and (iv) statutory liens not yet delinquent.
(B) That there is no condemnation, eminent domain, zoning, or other
land use proceeding instituted, or pending on the Trail Property.
(C) That there is ingress and egress to the Trail Property sufficient for
its current use.
(D) That there is no litigation or proceeding pending or threatened
against or relating to the Trail Property arising by, through or under
Phillips, and Phillips does not know of any basis for such action nor are
there any special assessments of any nature with respect to the Trail
Property or any portion thereof, nor has Phillips received any notice of
any special assessment being contemplated.
(E) That Phillips has full power and authority to enter into and perform
this Agreement in accordance with its terms, and the completion of this
transaction will not violate any law, regulation or agreement affecting
Phillips.
Developer's Agreement
City of Winter Springs
Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc.
Page 4 of 13
(F) That there are no: (i) pending litigation or disputes involving the
location of the boundaries of any part of the Trail Property; and /or (ii)
physical interruptions or obstructions to physical access to any part of the
Trail Property.
(G) That there is no hazardous waste located on or buried beneath the
Trail Property other than what was disclosed in the Phase 11 Subsurface
Investigation Report and Technical Memorandum Concerning
Distribution of BaP prepared by the Environmental People, dated October
13, 2016. The term "hazardous waste" shall have the meaning ascribed
by Florida and Federal law.
(H) This Paragraph 2 shall survive the closing.
2.10 At closing, the City agrees to prepare and record a Satisfaction and
Release of Code Enforcement Lien and Notice of Termination of
Agreement pursuant to Section 4 of the City of Winter Springs Code
Enforcement Lien Satisfaction Agreement recorded in the Official
Record Book 7378, Page 858 of the Public Records of Seminole County,
Florida
2.11 At closing, the City agrees to prepare and record a release of the Trail
Easement which currently runs across portions of the vacated Old
Sanford - Oviedo Road now owned by 419 Metal and Auto Recycling
Center, Inc. pursuant to Section 8 of Easement Agreement between the
City and 419 Metal and Auto Recycling Center, Inc. which is recorded at
Official Record Book 7199, Page 747 of the Public Records of Seminole
County, Florida. However, 419 Metal and Auto Recycling Center, Inc.
hereby acknowledges and agrees that the perpetual utility and
ingress /egress easement set forth in the aforesaid Easement Agreement
shall remain in full force and effect for the benefit of the City.
2.12 Upon request by Phillips, the City will execute the donee
acknowledgement set forth in Internal Revenue Service Form 8283
acknowledging receipt of the Trail Property.
3. Nub Property Conveyance to 419 Recycling. The parties acknowledge that the
City is currently pursuing a property exchange with the State of Florida for purposes
of completing the missing link to the Cross Seminole Trail. The City anticipates
receiving a quit -claim deed from the State for the real property legally described in
EXHIBIT "E ", which is attached hereto and fully incorporated herein by this
reference ( "Nub Property "). If the City receives a quit -claim deed for the Nub
Property, the City agrees to convey the Nub Property to 419 Metal & Auto
Recycling Center, Inc. by quit -claim deed within thirty (30) days of the quit -claim
deed granted to the City being recorded in the Official Public Records of Seminole
County, Florida.
Developer's Agreement
City of Winter Springs
Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc.
Page 5 of 13
4. Unity of Title of the Recycling Property for Recycling Business Purposes. Owner
acknowledges and agrees to fully comply with Section 20 -259 (10) of the City Code
which requires that secondary metal recyclers, recovered materials recyclers, and
similar recyclers of other non - hazardous recyclable materials must be on a
development site comprised of not less than ten (10) acres and not more than twenty
(20) acres. Therefore, subject to applicable requirements of the City Code and as a
condition of future development permit applications submitted to the City for the
Recycling Business, the Recycling Property shall hereinafter be unified in ownership
and title for development purposes. For so long as Owner continues to operate a
Recycling Business on any portion of the Recycling Property, Owner further agrees
to not sell, convey, or assign any interest in the Recycling Property, which would
cause the loss of unity of ownership or title, without first obtaining the written
consent of the City. Nothing herein is intended to prohibit or restrict the Owner from
selling, conveying or assigning the Recycling Property as a unified parcel of land or
encumbering the Recycling Property with easements or other interests in land that do
not cause loss of unity or ownership of title. Further, nothing herein is intended to
prohibit the Parties from reducing the size of the Recycling Property unified herein by
written amendment to this Agreement if Owner desires to forego the Recycling
Business on any portion of the Recycling Property, provided the remaining portion of
the Recycling Property on which the Recycling Business will continue complies with
the minimum and maximum acreage requirements of Section 20 -259 (10) of the City
Code.
5. Continuing and Future Operation of the Recycling Business. Subject to
applicable provisions of the City Code and the Unity of Title requirement set forth in
Paragraph 4, Owner shall only be permitted to operate the Recycling Business on the
Recycling Property.
6. Buffer Wall Along Perimeter of Recycling Property and Non - Recycling
Property. Owners agree to permit and construct a screen wall, ten (10) foot in height
from ground level, on the Recycling Property and Non - Recycling Property as more
specifically detailed and depicted on the attached EXHIBIT "D," which is hereby
deemed fully incorporated herein by this reference. The wall design shall comply
with the Aesthetic Review package approved by the City Commission on January 26,
2009. The wall shall be completed in three phases, as shown on EXHIBIT "D."
Phase 1 consists of wall segments that have already been permitted and constructed
on a portion of the Recycling Property, and have passed final inspection by the City's
Building Official. Phase 2 consists of wall segments elsewhere on the Recycling
Property that shall be permitted, constructed and passed final inspection by the
Building Official no later than: 1) commencement of construction by Seminole
County of the "missing link" of the Cross - Seminole Trail; or 2) within twelve (12)
months from the Effective Date of this Agreement, whichever occurs earlier. Phase 3
consists of wall segments that shall be permitted, constructed and passed final
inspection by the Building Official in conjunction with any future development of the
Non - Recycling Property.
Developer's Agreement
City of Winter Springs
Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc.
Page 6 of 13
7. Setback Requirements for the Non - Recycling Property. Subject to other
applicable provisions of the City Code and this Agreement, Owner shall be permitted
to construct buildings and improvements on the Non - Recycling Property with zero
front, rear and side setbacks.
8. Time of the Essence: Time, and timely performance, is of the essence of this
Agreement and of the covenants and provisions hereunder.
9. Representations of the Parties. The City and Owner hereby each represent and
warrant to the other that it has the power and authority to execute, deliver and
perform the terms and provisions of this Agreement and has taken all necessary
action to authorize the execution, delivery and performance of this Agreement. The
City acknowledges that this Agreement was approved and executed in accordance
with the City's municipal home rule powers under general law. This Agreement will,
when duly executed and delivered by the City and Owner and recorded in the Public
Records of Seminole County, Florida, constitute a legal, valid and binding obligation
enforceable against the Parties hereto and the Recycling Property and Non -
Recycling Property in accordance with the terms and conditions of this Agreement.
Owner represents that it has voluntarily and willfully executed this Agreement for
purposes of binding the Recycling Property and Non - Recycling Property, as their
individual interests may appear, to the terms and conditions set forth in this
Agreement.
10. Successors and Assigns. This Agreement shall automatically be binding upon and
shall inure to the benefit of the City and Owner and their respective successors and
assigns. The terms and conditions of this Agreement similarly shall be binding upon
the Recycling Property and Non - Recycling Property and shall run with title to the
same.
11. Applicable Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. The Parties agree that venue shall
be exclusively in Seminole County, Florida, for all state disputes or actions which
arise out of or are based upon this Agreement, and in Orlando, Florida, for all federal
disputes or actions which arise out of or are based upon this Agreement.
12. Amendments. This Agreement shall not be modified or amended except by written
agreement duly executed by the Parties hereto (or their successors or assigns) and
approved by the City Commission. However, modifications or amendments that
only effect either the Recycling Property or Non - Recycling Property, and not both,
shall only require the approval of the fee simple title owner of the property actually
affected by the modification or amendment.
13. Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto
supersedes any other agreement, oral or written, regarding the Recycling Property
and Non - Recycling Property and contains the entire agreement between the City and
Developer's Agreement
City of Winter Springs
Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc.
Page 7 of 13
Owner as to the subject matter hereof. The Exhibits attached hereto and referenced
herein are hereby fully incorporated herein by this reference.
14. Severability. If any provision of this Agreement shall beheld to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not
affect in any respect the validity or enforceability of the remainder of this
Agreement.
15. Effective Date. This Agreement shall become effective upon approval by the City
Commission and execution of this Agreement by the Parties hereto.
16. Recordation. This Agreement shall be recorded by the City in the Public Records
of Seminole County, Florida.
17. Relationship of the Parties; the Term "Owner "; Indemnification. The
relationship of the Parties to this Agreement is contractual and Owner is an
independent contractor and not an agent of the City. Nothing herein shall be
deemed to create a joint venture or principal -agent relationship between the parties,
and neither party is authorized to, nor shall either party act toward third persons or
the public in any manner, which would indicate any such relationship with the
other. It is understood by the Parties that when the term "Owner" is used in this
Agreement, it refers to the person(s) or entity(ies) that own fee simple title to the
particular real property that is subject to this Agreement. Owner expressly agrees to
indemnify and hold harmless the City and its employees, officers and attorneys
from any and all injuries or damages of any kind sustained by Owner and their
respective employees, contractors, invitees, tenants, guests or agents, if any, arising
out of or from any activity or business operation occurring on the Recycling
Property and Non - Recycling Property. Owner shall be solely responsible for
maintaining and securing their respective interests, as they may appear, in the
Recycling Property and Non - Recycling Property.
18. Sovereign Immunity. The City and its employees and officers intends to avail
itself of the benefits of section 768.28, Florida Statutes, and any other statute and
common law governing sovereign immunity to the fullest extent possible and
nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under Section 768.28, or other limitations imposed on
the City's potential liability under common, state or federal law. As such, the City
shall not be liable, under this Agreement for punitive damages or interest for the
period before judgment. Further, the City shall not be liable for any claim or
judgment, or portion thereof, to any one person for more than two hundred thousand
dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when
totaled with all other claims or judgments paid by the State or its agencies and
subdivisions arising out of the same incident or occurrence, exceeds the sum of
three hundred thousand dollars ($300,000.00).
19. City's Police Power. Owner agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shall this
Developer's Agreement
City of Winter Springs
Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc.
Page 8 of 13
Agreement be construed as the City bargaining away or surrendering its police
powers.
20. Interpretation. The Parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored
or disfavored regarding the interpretation to this Agreement in the event of a dispute
between the parties.
21. Third -Party Rights. This Agreement is not a third -party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
22. Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The Parties agree that failure to perform the
obligations provided by this Agreement shall result in irreparable damage and that
specific performance of these obligations may be obtained by a suit in equity.
23. Attorney's Fees. In connection with any arbitration or litigation arising out of this
Agreement, each party agrees to bear their own attorney's fees and costs.
24. Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the Effective
Date of this Agreement. The failure of this Agreement to address any particular
City, County, State and /or Federal permit, condition, term or restriction shall not
relieve Owner or the City of the necessity of complying with the law governing said
permitting requirement, condition, term or restriction. Without imposing any
limitation on the City's police powers, the City reserves the right to withhold any
and all certificates of occupancy or certificate of completion for any building, unit
or improvement if Owner is in breach of any term and condition of this Agreement.
25. Default; Opportunity to Cure. Should the Owner or the City desire to declare the
other party in default of any term and condition of this Agreement, the non -
defaulting party shall provide the defaulting party a written notice of default. The
written notice shall, at a minimum, state with particularity the nature of the default,
the manner in which the default can be cured, and a reasonable time period of not
less than thirty (30) days in which the default must be cured. No action may be
taken in a court of law on the basis that a breach of this Agreement has occurred
until such time as the requirements of this paragraph have been satisfied.
26. Termination. The City shall have the unconditional right, but not obligation, to
terminate this Agreement, without notice or penalty, if Owner fails to cure any
material default pursuant to Paragraph 25 of this Agreement. The City shall also
have the right, but not obligation, to terminate the Agreement if Owner permanently
abandons the Recycling Business on the Recycling Property, provided, however,
the City shall first deliver written notice and an opportunity to cure as set forth in
paragraph 25.0 herein. If the City terminates this Agreement, the City shall record a
notice of termination in the public records of Seminole County, Florida.
Developer's Agreement
City of Winter Springs
Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc.
Page 9 of 13
27. Force Maieure. The Parties agree that in the event that the failure by either party
to accomplish any action required hereunder within a specified time period ( "Time
Period ") constitutes a default under the terms of this Agreement and, if any such
failure is due to any unforeseeable or unpredictable event or condition beyond the
control of such party, including, but not limited to, acts of God, acts of government
authority (other than the City's own acts), acts of public enemy or war, riots, civil
disturbances, power failure, shortages of labor or materials, injunction or other
court proceedings beyond the control of such party, or severe adverse weather
conditions ( "Uncontrollable Event "), then, notwithstanding any provision of this
Agreement to the contrary, that failure shall not constitute a default under this
Agreement and any Time Period proscribed hereunder shall be extended by the
amount of time that such party was unable to perform solely due to the
Uncontrollable Event. The extended time period shall be agreed to in writing by the
parties and said agreement shall not be unreasonably withheld by either party.
28. Notice. All notices, demands, requests, consents, approvals or other
communications (collectively, "Notices ") required or permitted to be given
hereunder or which are given with respect to this Agreement shall be effective only
if in writing and delivered by personal service, or delivered to an overnight courier
service with guaranteed next day delivery or mailed by registered or certified mail,
return receipt requested, postage prepaid, addressed as follows:
TO PHILLIPS:
Bartholomew D. And Cynthia D. Phillips
212 Morton Lane
Winter Springs, FL 32708
TO 419 METAL AND AUTO RECYCLING CENTER, INC.
Attn: Bartholomew Phillips
600 Old Sanford Oviedo Road
Winter Springs, Florida 32708
TO CITY:
Attn: City Manager
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, FL 32708
or to such other address as such party shall have specified most recently by like
Notice. The attorneys for the parties hereto are also hereby respectively authorized
to give any Notice permitted under this Agreement. Any Notice given as provided
herein shall be deemed received as follows: if delivered by personal service, on the
date so delivered; if delivered to an overnight courier service, on the business day
Developer's Agreement
City of Winter Springs
Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc.
Page 10 of 13
immediately following delivery to such service; and if mailed, on the third business
day after mailing.
IN WITNESS WHEREOF, Owner and City have set their respective hands on
the day and year first below written.
Signed, sealed and delivered in the
presence of the following witnesses
Signature of Witness
Printed Name of Witness
Signature of Witness
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF SEMINOLE
BARTHOLOMEW D. PHILLIPS AND
CYNTHIA D. PHILLIPS, H/W
Bartholomew D. Phillips
Cynthia D. Phillips
Date:
The foregoing instrument was acknowledged before me this day of
, 2018, Bartholomew D. Phillips and Cynthia D. Phillips as husband
and wife. They being personally known to me or produced
as identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
Developer's Agreement
City of Winter Springs
Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc.
Page 11 of 13
Signed, sealed and delivered in the BARTHOLOMEW D. PHILLIPS
presence of the following witnesses: An individual
Signature of Witness
Printed Name of Witness
Signature of Witness
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF SEMINOLE
Bartholomew D. Phillips
Date:
The foregoing instrument was acknowledged before me
, 2018, Bartholomew D. Phillips, an individual
known to me or produced
(NOTARY SEAL)
(Notary Public Signature)
Signed, sealed and delivered in the
presence of the following witnesses
Signature of Witness
Printed Name of Witness
Signature of Witness
Printed Name of Witness
STATE OF FLORIDA
this day of
He being personally
as identification.
(Print Name)
Notary Public, State of _
Commission No.:
My Commission Expires:
419 METAL & AUTO RECYCLING CENTER,
INC., a Florida corporation.
By:
Bartholomew D. Phillips, President
Date:
Developer's Agreement
City of Winter Springs
Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc.
Page 12 of 13
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of
, 2018, Bartholomew D. Phillips as President of 419 METAL & AUTO
RECYCLING CENTER, INC., on behalf of said company. He is personally known to
me or produced as identification.
(NOTARY SEAL)
(Notary Public Signature)
ATTEST:
Andrea Lorenzo - Luaces, City Clerk
APPROVED AS TO FORM AND
SUFFICIENCY FOR THE CITY OF
WINTER SPRINGS ONLY:
Anthony A. Garganese, City Attorney
(Print Name)
Notary Public, State of _
Commission No.:
My Commission Expires:
CITY:
CITY OF WINTER SPRINGS
Charles Lacey, Mayor Date
Exhibit List
A -- Legal Description and depiction of the Recycling Property
B — Legal Description and depiction of the Non - Recycling Property
C — Legal description and depiction of the Trail Property which will be conveyed by
Phillips to City
D — Specifications and Construction Phase Schedule of the Wall
E — Nub Property
Developer's Agreement
City of Winter Springs
Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc.
Page 13 of 13
EXHIBIT - RECYCLE PROPERTY
e
GRAPHIC SCALE
1E FEET )
1 Inch = 100 ft
DESCRIP77ON:
A PORTION OF LANDS INCLUDING LOT 11 LYING NORTH AND SOUTH OF OLD SANFORD– OVIE00 ROAD AND LOT 12,
LESS THE NORTH 300 FEET THEREOF, OF ENTZMINGER FARMS ADDITION NO 2. AS RECORDED IN PLAT BOOK 5, PAGE
9 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND ALSO THE VACATED PORTION OF SAID OLD
SANFORD–OVIEDO ROAD AND THE VACATED PORTION OF ATLANTIC COAST LINE RAILROAD, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE EAST LINE OF LOT 11, ENTZMINGER FARMS ADDITION NO 2, AS RECORDED IN
PLAT BOOK 5, PAGE 9 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND THE NORTH LINE OF OLD
SANFORD–OVIEDO ROAD, A VACATED 60.00 FEET WIDE RIGHT –OF –WAY, AS RECORDED IN SAID ENTZMINGER FARMS
ADDITION NO 2: THENCE S 07'0458' E ALONG SAID EAST LINE OF LOT 11 AND A SOUTHERLY EXTENSION THEREOF
THROUGH LOT 33, A DISTANCE OF 609.32 FEET TO A POINT ON A LINE LYING 27, 00 FEET NORTH OF. WHEN
MEASURED PERPENDICULARLY T0, THE NORTH LINE OF COUNTY ROAD 419; THENCE N 62 59'30" W ALONG SAID
PARALLEL LINE, A DISTANCE OF 544.65 FEET TO THE WEST LINE OF LOT 33 AS RECORDED IN SAID ENTZMINGER
FARMS ADDITION NO 2: THENCE N 07'04'58" W ALONG SAID WEST LINE OF LOT 33 AND THE EXTENSION THEREOF.
AND THE WEST LINE OF LOT 11 AND LOT 12 OF SAID ENTZMINGER FARMS ADDITION NO 2, A DISTANCE OF 130762
FEET TO A LINE LYING 300.00 FEET SOUTH OF, WHEN MEASURED PERPENDICULARLY T0, THE NORTH LINE OF LOT 12
THENCE N 84'05'05 E ALONG SAID PARALLEL LINE LYING 300.00 FEET SOUTH OF, WHEN MEASURED
PERPENDICULARLY T0, THE NORTH LINE OF LOT 12. A DISTANCE OF 55338 FEET TO THE CENTERLINE OF CHARLES
STREET AS RECORDED IN SAID ENTZMINGER FARMS ADDITION NO 2: THENCE 5 07'0458 E ALONG SAID CENTERLINE,
A DISTANCE OF 82851 FEET TO THE AFORESAID NORTH LINE OF OLD SANFORD–OVIEDO ROAD, THENCE N 773120" W
ALONG SAID NORTH LINE OF OLD SANFORD–OVIEDO ROAD. A DISTANCE OF 26.53 FEET TO THE POINT OF BEGINNING.
CONTAINING THEREIN 743.556 SQUARE FEET (171 ACRES). MORE OR LESS.
SURVEYOR'S REPORT.,
1) based on the National Flood In...... Program "FIRM" Mop Common /(y — Panel Number 120289C 0150 F IF,-
09/28/2007 the above described Property ;s located N Zone X ". Areas determined to be "GUN the 500 year Road
2) Bearings shown hereon ale based on the North right of way Ilne of State Raod No. 419 being N 82'59'30" W (assumed).
3) The SUrveypr has not abstracted the lands shown hereon for easements _NT' righ (s a' way of record.
4) No underground ]nsfalloflons, foundaf /on too flogs, or ]mprovemenfs hove been located except as noted.
5) ART, may Ae addY-1 ...L —Yoas mat are oat recorded on cols su vey mar may Ae round ,n the puAOC records of
6) There G evidence an the ground of use of the property which might suggest o passible claim of easement other
than those shown - A. survey
7) This 5 ...Y was prepared m, the identities named hereon and ;s nont .... f ..B,"
8) Improvements wl;hln the' SR ......1, hove not been located ae o port of (his survey.
9_) T p p . of rhO. ...y I. m rolme me app .Imate area of the . j P Pe.ly
LEGEND:
(P) PLAT BOOK
R/W RIGHT —OF —WAY
¢ CENTERLINE
PG PAGE OR PAGES
FD.O.T. FLGRIDA DEPARTMENT OF TRANSPORTATION
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(FZ,RT. R/W ? ANTY ROA 0 419 SECTION -
7707; -2506. SHEET 5 _
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CERTIFICATION: , dRe, "V_ ' r hereey ,citify root rh. 9 rley rewe9enred I thle may .. mad. ender my duEC ran a
(he date shown based on the Information f PINGS ed (o me os rioted and cenf0... to the MINIMUM TECHNICAL
N/A STANDARDS FOR LAND SURVEYING AND MAPPING IN THE STATE OF FLORIDA In accordance with CH. 61G17 -6.
Florida Administrative Code
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(FZ,RT. R/W ? ANTY ROA 0 419 SECTION -
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CERTIFICATION: , dRe, "V_ ' r hereey ,citify root rh. 9 rley rewe9enred I thle may .. mad. ender my duEC ran a
(he date shown based on the Information f PINGS ed (o me os rioted and cenf0... to the MINIMUM TECHNICAL
N/A STANDARDS FOR LAND SURVEYING AND MAPPING IN THE STATE OF FLORIDA In accordance with CH. 61G17 -6.
Florida Administrative Code
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CERTIFICATION: , dRe, "V_ ' r hereey ,citify root rh. 9 rley rewe9enred I thle may .. mad. ender my duEC ran a
(he date shown based on the Information f PINGS ed (o me os rioted and cenf0... to the MINIMUM TECHNICAL
N/A STANDARDS FOR LAND SURVEYING AND MAPPING IN THE STATE OF FLORIDA In accordance with CH. 61G17 -6.
Florida Administrative Code
EXHIBIT B - NON - RECYCLE PROPERTY
DESCRIPTION
A PORTION OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3825, PAGES 790 THROUGH 791, OF THE PUBLIC RECORDS
OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 34 AND LOT 35, ENTZMINGER FARMS ADDITION NO 2. AS RECORDED IN PLAT BOOK 5, PAGE 9 OF
THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LYING WEST OF THE WEST LINE OFADDITIONAL ROAD RIGHT -OF -WAY
FOR WADE ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 7476, PAGE 1150, OF SAID PUBLIC RECORDS AND NORTH OF
THE NORTH LINE OF LANDS DESCRIBED AS PARCEL 'B" PER SKETCH OF DESCRIPTION PREPARED BY SEMINOLE COUNTY
ENGINEERING DEPARTMENT, SURVEY SECTION, JOB NUMBER 12 -007 & 09 -0092, LAST REVISED ON APRIL 13, 2017,5A ID
PARCEL 'B" BEING MORE PARTICULARLYDESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF THE AFOREMENTIONED ADDITIONAL RIGHT -OF -WAY SAID CORNER LYING ON THE NORTHERLY
RIGHT -OF -WAY LINE OF SAID C. R.419 AND THE SOUTH LINE OF SAID LOT 34,• THENCE RUN N82 °59'30 "W., ALONG SAID NORTHERLY
RIGHT -OF -WAY LINE, A DISTANCE OF 1,189.23 FEET TO THE POINT OF CURVATURE OFA CURVE, CONCAVE NORTHERLY HAVING A RADIUS
OF 2,241.83, A CENTRAL ANGLE OF 11 22 Ol "AND A CHORD BEARING OF N77 °18'29 "W, THENCE RUN ALONG THE ARC OF SAID CURVE AN
ARC LENGTH OF 444.76 FEET TO A POINT ON THE WEST LINE OF LOT 35; THENCE RUN N.08-40'33 "W, ALONG SAID WEST LINE A
DISTANCE OF 47.99 FEET,' THENCE RUN S40 A04'S2 "E., A DISTANCE OF 30.08 FEET TO A POINT LYING 2700 FEET NORTHERLY OF THE
NORTHERLY RIGHT -OF -WAY LINE OF SAID C.R. 419, SAID POINT ALSO BEING A POINT ON A CURVE, CONCAVE NORTHERLY, HAVING A
RADIUS OF 2,214.83 FEET, A CENTRAL ANGLE OF 11 A16'06 "AND A CHORD BEARING OF S77A21'27 "E., THENCE RUN ALONG THE ARC OF
SAID CURVE, RUNNING PARALLEL WITH AND 2700 FEET NORTH OF SAID NORTHERLY RIGHT -OF -WAY LINE AN ARC LENGTH OF 435.59
FEET, THENCE CONTINUE ALONG SAID PARALLEL LINE S82A59'30 "E., A DISTANCE OF 1,18722 FEET TO A POINT ON THE WEST LINE OF
THE AFOREMENTIONED ADDITIONAL RIGHT-OF-WA Y- THENCE RUN S 06A5624 "E, ALONG SAID WEST LINE A DISTANCE OF 17.83 FEET,
THENCE RUN S20 A14 43 "W A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.
SURVEYORS NOTES
i) Based on the Notional Flood Insurance Program "FIRM" Mop Community — Panel Number 720289C 0760 F Dated 0912812007 the above described Property is located in Zone " X Areas
determined to be outside the 500 year flood plain.
2) Bearings shown hereon are based on the North right of way Tine of State Rood No. 479 being N 82 °59'30" W (ossumed).
3) The Surveyor has not abstracted the (ands shown hereon for easements and /or rights of way of record.
4) No underground instolictions, foundation footings, or improvements hove been located except os noted
5) There may be cdo'humol restrictions that are not recorded on this survey that may be found in the public records of this county
6) There is no evidence on the ground of use of the property which might suggest to possible claim of easement other than those shown on the survey,
7) This Survey wos prepared for the Identities named hereon tend is nontronsferobie".
8) Improvements within their specific easements have not been located as o port of this survey,
9) The purpose of this survey is to coicuiote the approximate oreo of the subject property,
CERTIFICATION:
hereby certify that the survey represented on this map w made under my direction on the date shown based v, the Information furnished 1, m v, Doted
EXHIBIT B - NON - RECYCLE PROPERTY
ATLANT/
G00,p COAST
WADE APRI18 RA /LROAO
GRAPHIC SCALE
Z S 40'04'52" E a
0 30.08'
EASEMENT I
R= 2217.83'
4 =11 "18'08"
�
I
� CB= s77'21'27 °e
L= 435.59'
LOT 35
ENTZMINGER FARMS ADDITION NO. 2
LOT 35
— —
(PLAT BOOK 5, PAE 9)
Q ENTZMINGER FARMS ADDITION NO. 2
Poa c RAW COL, p R ROAD
�
z7.o0'� S 27 FEET OF �0�
p�GfNa
FD.o. NO.
3� - --
4 �
-- -- _—
PACE OR PACES
PC PO— OF CIJRVALE/RE
J
R W
_
MA9
T U POC E10DI ON CURVE
FDOT FLORIDA DEPARTMENT OF TRANSPORTATION
»0> 4 =121? 22'01" � �
0 25 Ds) CB =N7T 18'29'W
- -_ —
2 LANDSCAPE — — _— _
& MaiNTENANCE EASEMENi� TA—,
((1`� �
V O ORB OFFICIAL RECORDS 600K
S
L- 444.78
— _�_
PC I SEAL I —
_ 82'59' 3 R� PAD os°'1wAv
— — _ �0 E 1 787.22' Q O a cENTRAt ANGLE
LOT 34
EASEMEN,Liry
— — — — — _— Ce CHORD REARING
—
ENTZMINGER FARMS ADDITION NO. 2
wesT LINE of LT-OF ONAL
RIGHT- OF-WAY
I LENCT,v
27 FEET OF LOT 35
m
—
- - -�__L
N 82'55'37" W 7189.23'
0
I
LOT 35
Q ENTZMINGER FARMS ADDITION NO. 2
Z
(PLAT BOOK 5, PAGE 9)
J
LOT 34
—
ENTZMINGER FARMS ADDITION NO. 2
wesT LINE of LT-OF ONAL
RIGHT- OF-WAY
m
—
- - -�__L
w
— —
_
-- —_
access & —_
EA EMENi — —� —
ADDITIONAL RIGHT PC 1WAY
ORB 7a7a, Pc nso I c
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_
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—L — — _ S 8255'
— — — 37„
Z LANDSCAPE
m
_ & MAIME -- E 1787.41'
N/LVCE EIlSEo,w,'
GRAPHIC SCALE
PARCEL
NORTHER S
419 27 FEET OF
° —
OF OUNTY ROAD LOT 34
SOUTH LINE of LOT 3a
—
_ _ _
—
S 82'558259'30" W 1789.23' —
37" E BASIS OF —
(PUS'S R/w COUNTY ROAD
S 20'54.24 E 77.83'
— 43" W 10.00'
IN FEET)
—
N
UARIES PER F.D.aF, �w419 BEARINGS c7.00'
_
—
(
MAP 17 070-
cE
DRAINA EASEMENT 1
1 inch = 50 it
— 2506)
— _
POINT OF BEGINNING
PARCEL B.
AND E7,
SKETCH
_
—
5OUTHWE57 CORNER
OF OR 7476. PG 1150
IF
SURVEYING &[MAPPING CORP.
A 350 S. Central Ave., Ni—, F. 32765
P.O. Box 621892, Ovild , IF 32762
Voiae (407) 365 -1036
Cl TY OF
WIN TER SPRINGS
—
-
Fa. (407) 365 -1838
LicenseE Business No. 5777
1-
P.R.(Rick) Burns
N/A SE's 00072
-11.3 Fl6° ar: �? sm
Professional Lana Sary r Florian Registration No. 4702
06nxN
<nmlem 6r: NIA
CERTIFICATION:
"Not wild without the signature and the origin raked
f a Florida ncensed surveyor and mapper'
00JJ00JJ22 mm�D
1 = 50 UUYJ I/ I�I4
I hereby certify that the survey represented on this map was made under my direction on the date shown based on the information furnished to me as noted
and conforms to the MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING AND MAPPING IN THE 5fAIE OF FLORIDA in accordance with CH.61G1 G -6, Flofitl° Administrative Cotle,
PARCEL'S'
PARCEL" B'ICONHNOED)
SKETCH OF DESCRIPTION
EXHIBIT C
A PORTION OF LOT 34 AND 35, EMZMINGER FARMS ADDTDONNo 2, ACCORDING TO THE PLAT THEREOF,
AND
RECORDED IN PLAT BOOK 5, PAGE 9, OF THEPUBLIC RECORDS OFSEMINDLECOUNTY, FLORIDA, LYNG
��Ipp
DESCRIPTION: THIS IS NOT A SURVEY
.VORTHFRLY OF THE NORTHERLY WGM-M -WAY LINE OF CR. 419, ASSHOWN ON THEFLORDJA DEPARTMENT OF
RESERVING A 2.00 FOOTLANDSCAPE AND MAINTENANCE EASEHEAT DESCRIBED AS PoLLOWf`(PARCH I)
TRANSPORTATION RIGHT -OF -WAY MAP FOR STATEROAD 419, SECTION 770702506, SHEETS,
PARCEL A'
77 ENORTH 2.00 FEET OF PARCH 'B"
LESS- ADDITIONAL RIGHT OF -WAY AS RECORDED IN OFFICIAL RECORDS BOOK 7416,
�
A PORTION OFLOT 33, ENTZMLNGER FARMS ADDITION No 2, ACCORDING TO THEPLAT THEREOF. RECORDED IN
PAGE 1150, OF THE PUBLIC RECORDS, SEMINQE COUNTY, FLORDA
AND
? U
PLAT BOOK 5, PAGE 9, OF THE PUBLIC RECORDS OFSEMINOLE COUNTY, FLORIDA BEING MORE PAR77CVLAPLY
DESCRIBED ASFOLLOWi
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
RESERMG AN ACCESS AND UTILITY EASEMENT DESCRBEDASFOLLOWS( PARCEL. 5)
O
a� y
>
MIFSOUM27.00 FEETOF LOT 33, LYING NORTHERLY OF, CONMENT WITH ANDPARALJET TO ME NORTHERLY
COMMENCE ATA POINT ON THENORTHERLY RIGHT-OF-WAY LINE OF.SAID CR. 419 AND IT.S INTERSECTION WDFI THE
UK
RIGHT- OF OF C.R. 419, AS SHOWN ONTHF FLORIDA DEPARTMENT OFTRANSPOFTATN )N RIGHT -OF -WAY
MAP FOR STATE ROAD 419 SBCHON7 7070- 250ESHHTS.
BEGIN AT THE SOUTHWEST CORNER OF THE AFOREMENTIO•VEDADDITIONAL RIGHT -0OF SADCORNER LYING
ON THE NORTHERLY RIGHT- OF- WAYLINE OF SAID C.R. 419 AND TIE SOUTHDNEOF SADLOT 34; THEVCERUN
M82'59'30'W, ALONG SAID NORTHERLY RIGHT-
FAST LINE OF SAID LOT 34, SAN PoIM BEING THE SOUTHWEST CORNER OF THE AFOREMENTIONED ADDITIONAL
RIGHT-OF-WAY; THENCE FUNK 8759'30 "W., ALONG SAID NORTHERLY RIGHT -0FWAY LINE,ADISTANCE OF 513.78 FEETTO
THE POINT OF BEGINNING; THENCE
OOp L,
�
LESS THE FAST 143.14 FEET THEREOF.
OF-WAY LOPE A DISTANCE OF 1,169.23 FEET TO TFEPOINTOF
CURVATURE OFACURVE CONCAVE NORTHERLY HAVING ARADNSOP 1, 291.83,ACEVTRAL ANGLE OFiI'22'01'
ANDACHORDBEARINGOFN] 7' 18' 29" W, THENCERUNALONGTHE .4RCOFSADCURVEANARCIFNGTHOF
CONTINUE N82'59'JOW, ALONG SADNORTHERLYRIGHTOF-WAYLINEA DISTANCE
OF 50.00 FEEL; THENCE RUN NO7Y10'30 "E,ADISTANCE OF 2100 FEET TO APONT ONTHE NORTH LODE OFSADPARCEL
' B*' TN£ NCERIMS. 82' S9' 30E, ALOVGSANNORTHLPIEADISTANCEOFSO .00FEET, ;TN£NCERUNS.07M'30'W,A
oo pjpt
a IL u y y
I I E '3•
ALSO LESS ADDITIONAL RIGHT OF WA Y AS RECORDED IN OFFICIAL RECORDS BOOK 7476,
444.76 FEET TO A POINT ON THE WEST LINE OF LOT 35; THENCE RUN N08 '40'33'., ALONG SAID WEST LINE
DISTANCE OF 2700 FEET TO THE POINT OFBFGWNP/G.
PAGE 1150, OF THE PUBLIC RECORDS, SEMINOLE COUNTY, FLORIDA.
DISTANCE OF 4199 FEET, THENCE RUN 540.04.52E,ADISTANCE OF 30.08 FEET TO A POINT LYING 2100 FEET
NORTHERLY OF THE NORTHERLYMGHT OFWAYLI'YE OF SAID CR. 419, SAID PoLNTALSOBEP)G APoN70NA
AND
as a4Ua
CONTAINING 16,385 SQUARE FEET MORE OR LESS
CURVE CONCAVENORTHERLY, HAVING ARADIUS OF 2,214B3 FEET, A CENTRAL ANGLE OF 11'16- 16 "AVD A
CHORD BEARING OF 577.21'27E., THENCE RUN ALONG THE ARC OF SAID CURVE RUNNING PARALLEL MTH AND
RESERVING AN ACCESS AND UTILITY EASEMENT DESCRIBED AS Mao" (PARCEL 6)
RESERVING A DRAINAGE EASEMENT DESCRIBED AS FOLLOWS (PARCEL 1)
2700 FEET NORTH OF SAO NORTHERLY RIGHT OF -WAY LINE AN ARC LENGTH OF 435.59 FELT, THENCE CONTINUE
ALONG SAID PARALLEL LINE S. IIZ 59' 30E, A DISTANCE OF1, 18122 FEET TO A POINT ON THE WEST LINE OF THE
COMMENCE AT A POINT ON THE NORTHERLY RIGHT-OF WA Y LINE OF SAID CR. 419 AND ITS INTERSECTION WITH THE
TIE EAST 30.00 FEET OF PARCEL "A ". -
AFOREMENTIONED ADDITIONAL RIGHT- OF THENCE RUN SO6'56'24'E, ALONG SAD WEST LINE DISTANCE
FAST LINE OF SAID LOT 34, SAID POINT BEING THE SOUTHWEST CORNER OF THE AFOREMENTIONED ADDITIONAL
OF 17.83 FEET; THENCE REIN S20- 14.43"W A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING
RIGHT- OF- WAY' THENCE RUN N.82'59'30'W., ALONG SAID NORTHERLY RIGHT OF-WAYLINE A DISTANCE OF995.15 FEET TO
AND
THE POINT OF BEGINNING; THENCE CONTINUE N.8Z "59'30'.., ALONG SAID NORTHERLY RIGHTOF-WAY LINE DISTANCE
OF7a00 F=; THENCE RUN N07'00'30'E, A DISTANCE OF 2100 FEET TO A POINT ON ME NOR THLINE OF SAID PARCEL
V
RESERVING A 200 FOOT LANDSCAPE AND M4INTENANCE EASEMENT DESCRIBED AS FOLLOWS (PARCH 2)
CONTAINING 44, 675.8 SQUARE FEET (1.02 ACRFSA MORE OR LESS
, ALON
NORTH LINE A DISTANCE OF 70.00 FEET; THENCE RUN S0700 30-W., A
$ C
RESERVING
DISTT7MCE OF2100 FEET TO POINT
TIE NORTH 5.00 FEET OF PARCEL "A'
A DRAINAGE EASEMENT DESCRIBED AS FOLLOWS (PARCEL 3)
BEGIN ATTFESOUIHWEST CORNER OF TFEAFOREHENHGNED ADDITIONAL RIGHTDF -WAY THENCE RUN
3 U Z
N82'59'30'WADISTANCEOF26.22FE ; TFENCERUNN06- 56'24'WADISTANCEOF27.82FEET, IMINCERIM
RESERVWGA ACCESS UTILITYANDDR4 AGEEHMIIrDESCRBEDASFYIHAWT( PARCEL 7)
61
S92S9'30TA DISTANCEOF30.91 FEET;; TIENCERUNS06- 56.24 -EA DISTANCEOF17.83 FEET; TTENCERUN
Y O O O
S20.19'43WA DISTANCE OF 1000 FEETTO THEPOMTOFBEGINNING.
THE WFST50.00FEETOFPARCII'B'
w � g00
WfNIFR \ -_�7
O
I I
'9T
SPRINGS c
I
INDUSTRIAL z \\
LOT 8 LOT 9 I LOT 10
G21 : O
LOT II POB
PARK PB
28 PG. z9 I
��
I
-._ I
(PARCEL B)
w Z
SOUTH 2100'OF LOT 5
I
POC
O . ? i F
NORTH 2.0' OF PARCEL B (PARCH 4)
L
(PARCELS 5&6)
.0 33
W u rc
0'2 LOT 35 ti M
�� _ ��
- L23
4 3
.......
(PARCEL 7) ' " ::: y "v
Additimf
-_ ENTZMP
Detail A
O i
U s
_ L12 y
THE WEST y
O.R.B. 7476 P9.
Lo LOT
WADE STREET NT.S.- N0 2,
O O W
SO FEET OF
34
5825930" I 'V O
50 RIGHT-OF-WAY
pSOai
PARCEL ,B" L10
P...' L7 L0 S g
::E:
N 1187.20, zr
82'59
°�-
30 "W
L9
c g 0 I\
POINT OF BEGINNING
LS
1189.23' L4
THE SOUTH 2700'OFL0733' O
LOT 33
■ 1 a a. rc p U
LINETgarE (PARCEL 6)
LNE BEARING DISTANCE
(PARCEL $)
jps
g LL N0840.33W 4190'
f01/7H 30'OF LOTS 34 &35 toil
U S40'U'52T 30.08'
NORTHERLY RIGHT -OF- WAYIdNE OF C.R.
POINT OF BEGINNING (PARCEL 4) LOT 33 LOT 32
419 4 9 a
"B"
I3 506'56'24 F 30.91' AS SHOWN ONHORDA DEPARTMENT OF
L4 N82'5930W
(PARCELS) THE NORTH 5.00'OFPARCEL
,rL (PARCEL2
513.78' 7RANSPORTATIONR IGHT OF WAYMAP FOR SFA7EROAD
�B Additbol
THENOR7712.00'OFPARCH
a
IS N825930W 50.00' 419, SECT70N 770702506, SHFE•FS
$ IS N07'0030 -E 27.00'
Rf9htroF -WAY
(PARCEL 3) O.R.B. 7476 PE. 1150
O O
L] S825930T 50.00' 1 L14 N82'59'30W 15.00' L21 S82'S9'30'E 30.91' (PARCEL B)
HR sD'oo'3oW 27.00' L15 Lzz B.oD• POC
(PARCEL 1)
TILE EAST 30 FEET "A"
"� O a
3 s >:
S2074'43W loco' ,vsz•593oW
p
d L9 N82'19'30 "W 43I.3T L76 SO6'S6'29'E 7783' L23 50656'247
8.00' (PARCELS $ &6)
OFPARCH,
2 9: i
LINO N82'S9'30W 70.00' 117 S82'59'30E 10.31' 124 S44'57'54T
12.60'
CURVE TABLE
V W p O
'$ L111 NOT000T 27.00' LIS 50'56'29 E 30.91'
CURVE RADIUS
CENTR4LANGIE CHORD BEARING LENGTH
U
a0
Cl 1 2241. 8 11'22'0L 1' N7T18'29W 444.761
a
t O 1y 3
3
j /2 582'59 N
L
C2 2214.8 11'/606" S7T21'27E 435.59
R
y
Qrc��u0g0
SURVEYOR'S
REVISIONS
NOTES
BEARINGS BASED ON THE NORTHERLY RIGHT -OF -WAY LINE OF
NOT VALID HO"f%THE SIGL, T=AND THE
COUNTY ROAD 419 HAVING AN ASSUMED BEARING OF
DATE
DESCRIPTION BY
ORIGIN $SO SF.4L OFA FLORIDA
LICENSED
SEMINOLE COUNTY
I. THIS IS NOTA SURVEY.
Z UNDERGROUND UlTIIFIESAND /ORRNPROLENENTSNOTLOCATEO
3. SURVEYOR HAS NOTABSTRACTED THELAND SHOWN HEREON, TILE
N.8Y59'30'W.
SUR O
j
1
2/17/12
ADD 30' DRAINAGE EASEMENT (PARCEL 7)
z
1x22 -15
,x, RlOxroF.warwwFrLRmsFABIOMINC Dcwls.
cl
ENGINEERING DEPARTMENT
SURVEY SECTION
ABOVE REFERENCED PROPERTYMAYBE SUBJECT TO FASEBIENTS'
4.
520 W. LAKE MARY BLVD.
AND RFSTIUCTIONS OFRECORD, MANY.
4. ATTENTION IS DIRECTED TO THEFACT THAT THESCALE OF THESE
FIELD DATE: N/A SCALE: 1" - 200'
>/
3
1/06/2016
REVISE PARCELS B & 7
TITS
-
GARY A. LEA P.L.S. FLA.
CERT.# 4723
SANFORD, FLORIDA 32773
MAPS MAYBE ALTF. REE) BYREPRODUCITONAND /ORELECTROATCHLE
407 - 665 -5647
CONVERSION OF THE ORIGINAL DRAWING FILE FORMAT. THIS MUST
DATE: 01/25 -12 DRAWN BY: RTS /GL/SMF
BE CONSIDERED WHEN OBTAINING SCALED DATA
4
4/13/2017
REVISE PARCELS A, B, 3, 5, 6 & 7
RTS
5
JOB A : 12 -OD7 & 09 -0092 CHECKED BY: GL
EXHIBIT E SKETCH OF DESCRIPTION
for
419 METALS & AUTO RECYLING CENTER
Legal Description
Commencing at a 7 iron pipe, being a permanent reference monument marking the location of the Northwest Comer of Lot 33, ENTZMINGER FARMS, ADDITION
NO. 2, according to the plat thereof recorded in Plat Book 5, at Page 9, of the Public Records of Seminole County, Florida, thence run S.W11'15'E., along the
West Line of Lot 33, a distance of 0.56 feet to the South Right-of-way Line of the CSx Transportation Inc. Rail Corridor, thence run 5.82°24' 15 "E., along said South
Right -d -way Line. 488.46 feet to the POINT OF BEGINNING; thence run N.07135'45'E., perpendicular to said Right-of -way Line, 100.00 feet to the North Right -f-
way Line of said Rail Corridor, thence run 5.82°24'15E., along said North Right-of-way Line, 31.08 feet to the Southeast Comer of Lot 11, said ENTZMINGER
FARMS, ADDITION NO- 2; thence run 5.W49'1 VE. to the Northwest Comer of the East 143.14 feet of aforesaid Lot 33, said point also being on the South Right-
of-way line of said Rail Corridor; thence run N.82°24'15W - 56.80 feet to the Point of Beginning.
SURVEY NOTES:
1 j This is not a'Boundary Survey", only a sketch of the above legal descriptions prepared by this surveyor.
2) Bearings shown hereon are based on the South Right-of -way Line the CSX Transportation, Inc. Rail Corridor being 5.82°24'15'E. (per description)
3) This legal descripton was prepared on 10 Juty 2008.
Surveyor's Certificate
This is to certify that this'Sketch of Description' of the above-described property and the plat hereon delineated is an accurate representation of the same. t further
certify that this survey meets the Minimum Technical standards set forth by the Florida Board of Surveyors and Mappers pursuant to Chapter 61G17-06 of the
Florida Administrative Code pursuant to Section 472.027 of the MKER
V
EYING, INC .
R. BLAIR KITNER - P.S.M. No, 3382
P. O. Box 823 - Sanford, Florida 32772 (407) 322 -2000
Not valid without raised seal of Surveyor
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PROJ. NO. 07 -4540
NOTICE OF PUBLIC HEARING
CITY OF WINTER SPRINGS
EXHIBIT D
NOTICE OF COMPREHENSIVE
PLAN /REZONING CHANGE
NOTICE IS HEREBY GIVEN THAT
THE PLANNING & ZONING BOARD /LOCAL
PLANNING AGENCY AND CITY COMMISSION
PROPOSE TO CONSIDER THE FOLLOWING ORDINANCES:
1. ORDINANCE NO. 2017 -13. AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO
COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AN AMENDMENT
TO THE FUTURE LAND USE MAP FOR SEVERAL PARCELS OF REAL PROPERTY
WITHIN THE CITY OF WINTER SPRINGS CONSISTING OF APPROXIMATELY 3.41
TOTAL ACRES, MORE OR LESS, GENERALLY LOCATED NORTH OF STATE ROAD
419 NEAR LAYER ELEMENTARY SCHOOL, WINTER SPRINGS, SAID PARCELS
BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT
A ATTACHED HERETO; CHANGING THE FUTURE LAND USE MAP DESIGNATION
ON THE PARCELS FROM EITHER "COMMERCIAL" TO "INDUSTRIAL" OR
UNDESIGNATED TO "INDUSTRIAL ", AS APPLICABLE; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE COMPREHENSIVE PLAN; SEVERABILITY, AND AN
EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT.
2. ORDINANCE NO. 2017 -14. AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE
ZONING MAP DESIGNATION OF SEVERAL PARCELS OF REAL PROPERTY WITHIN
THE CITY OF WINTER SPRINGS TOTALING APPROXIMATELY 3.41 TOTAL ACRES,
MORE OR LESS, GENERALLY LOCATED NORTH OF STATE ROAD 419 AND NEAR
LAYER ELEMENTARY SCHOOL, WINTER SPRINGS, SAID PARCEL BEING MORE
PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT A ATTACHED
HERETO; CHANGING THE ZONING DESIGNATION OF THE PARCELS FROM
EITHER "GENERAL COMMERCIAL DISTRICT" ( "C -2 ") TO "LIGHT INDUSTRIAL
DISTRICT" (1-1") OR " UNDESIGNATED" TO "LIGHT INDUSTRIAL DISTRICT"
(1-1 "), AS APPLICABLE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE.
Public hearings on said ordinances will be held on Wednesday, December 6, 2017 at
5:30 p.m. before the City's Planning and Zoning Board /Local Planning Agency and on
Monday, December 11, 2017 and Monday, January 8, 2018 at 5:15 p.m. before the City
Commission. All public hearings will be held at Winter Springs City Hall, 1126 E. State
Road 434, Winter Springs, Florida 32708, in the Commission Chambers.
The Local Planning Agency and City Commission reserve the right to continue or
postpone hearings to a date certain without re- advertising.