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Home My WebLink About2018 11 19 Consent 303 Resolution 2018-24 for Eagle Edge Lane Right-of-Way VacationCOMMISSION AGENDA ITEM 303 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 2018-24 for the vacation of a portion of the City right-of-way on Eagle Edge Lane. SYNOPSIS: Eagle Edge Lane was platted in October 2017 as part of The Blake Apartments project. A discrepancy was later identified between the platted right-of-way width and the approved final engineering plans. Vacating a portion of the Eagle Edge Lane right-of-way corrects the discrepancy. CONSIDERATIONS: . Eagle Edge Lane is a new City right-of-way off of State Road 434 between Tuskawilla Road and Michael Blake Boulevard, immediately adjacent to the new Starbucks currently under construction. The road construction is nearly complete and it is expected to be open for public use in December 2018. . The Eagle Edge Lane right-of-way was platted in October 2017 as part of The Blake Apartments (Catalyst) project, as shown on the Winter Springs Apartments Replat. A discrepancy was later identified between the platted right-of-way width and the approved final engineering plans. The discrepancy is that on the first 175 -feet of Eagle Edge Lane from S.R. 434, the platted right-of-way width is 82 feet, while the approved final engineering plans show Consent 303 PAGE 1 OF 2 - November 19, 2018 a 62 -foot wide right-of-way width. The correct right-of-way width is 62 feet at this location. The discrepancy was due to an earlier version of the street design which had angled on -street parking, which would have required an 82 -foot wide right-of-way. The angled parking was replaced with parallel parking, which only requires a 62 -foot wide right-of-way, but the plat was not adjusted in conjunction with the change to the final engineering plans. Resolution # 2018-24 vacates 10 -feet on both sides of Eagle Edge Lane, with the property to be conveyed to the adjacent property owner. After the right-of-way vacation, the Eagle Edge Lane right-of-way width will be correct at 62 -feet. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. 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 2018-24 and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. ATTACHMENTS: 1. Resolution 2018-24 and Exhibit (4 pages) Consent 303 PAGE 2 OF 2 - November 19, 2018 RESOLUTION NO. 2018-24 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA VACATING A PORTION OF EAGLE EDGE LANE AS PUBLIC RIGHT- OF-WAY, SAID RIGHT-OF-WAY BEING DEPICTED AND LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO, WHICH SHALL RESULT IN THE VACATED RIGHT-OF-WAY BEING CONVEYED TO THE ADJOINING PRIVATE PROPERTY OWNERS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Section 17-27 of the City Code authorizes the City Commission to vacate by resolution any existing roadway, street or alley, and to renounce and disclaim any right of the city and public in and to any land, delineated on any recorded map or plat as a roadway, street or alley; and WHEREAS, a portion of Eagle Edge Lane, as depicted on Exhibit "A," as attached hereto, is not currently used for right-of-way purposes and is not anticipated to be used as right- of-way in the future; and WHEREAS, the City does not need the vacated right-of-way to provide connectivity of roadways or to handle anticipated traffic; and WHEREAS, each provider of utilities within the City of Winter Springs has indicated that it has no objection to the vacation of the subject rights of way; and WHEREAS, the City Commission desires to vacate this public right-of-way as set forth herein; and WHEREAS, the City Commission of the City of Winter Springs finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by reference. Section 2. Vacation of Right -of -Way Authorized. The City Commission of the City of Winter Springs hereby vacates a portion of Eagle Edge Lane, said right-of-way being more particular depicted and legally described in Exhibit "A," attached hereto and fully incorporated herein by this reference. Said vacation shall lawfully result in the City remising, releasing, quit claiming and conveying any and all interest in said vacated right-of-way to the adjoining property owners. As such, upon adoption of this Resolution and to the extent permitted bylaw, the adjoining property owners of record as of the effective date of this Resolution, IDBS Winter Springs, LLC and SBUX Winter Springs 434, LLC, and their respective successors and assigns, shall each own those portions of the vacated right-of-way which directly abut their respective properties to the center line of the vacated portion of the right-of-way legally described herein. Section 3. Recording. Following adoption of this Resolution by the City Commission, the City Clerk shall record same in the Official Land Records for Seminole County, Florida. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Springs, in a regular meeting assembled on the 19th day of November, 2018. CITY OF WINTER SPRINGS, FLORIDA CHARLES LACEY, MAYOR ATTEST: ANDREA LORENZO-LUACES, CITY CLERK Approved as to legal form and sufficiency for The City of Winter Springs only: ANTHONY A. GARGANESE, CITY ATTORNEY City of Winter Springs Resolution No. 2018-24 Page 2 of 2 ------------------------------------------ Exhibit A DESCRIPTION A PART OF TRACT "C" EAGLE EDGE LANE, WINTER SPRINGS APARTMENTS - A REPLAT, AS RECORDED IN PLAT BOOK 82, PAGES 63 THROUGH 66, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. PARCEL 1: BEGINNING AT THE SOUTHERNMOST CORNER OF LOT 4, WINTER SPRINGS APARTMENTS -A REPLAT, AS RECORDED IN PLAT 82, PAGES 63 THROUGH 66, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE N51°31'43"E ALONG THE SOUTHEAST LINE OF SAID LOT 4, A DISTANCE OF 174.46 FEET TO THE WESTERNMOST CORNER OF TRACT "B", SAID PLAT OF WINTER SPRINGS APARTMENTS - A REPLAT; THENCE S38'30'33"E ALONG THE SOUTHWEST LINE OF SAID TRACT "B" A DISTANCE OF 10.00 FEET; THENCE S51'31'43"W A DISTANCE OF 174.42 FEET TO THE SOUTHWEST LINE OF TRACT "C", SAID PLAT OF WINTER SPRINGS APARTMENTS - A REPLAT; THENCE N38'43'16"W ALONG SAID SOUTHWEST LINE A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINS 1,744 SQUARE FEET MORE OR LESS. PARCEL 2: BEGINNING AT THE WESTERNMOST CORNER OF LOT 3, WINTER SPRINGS APARTMENTS - A REPLAT, AS RECORDED IN PLAT 82, PAGES 63 THROUGH 66, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE N38'43'16"W ALONG THE SOUTHWEST LINE OF TRACT "C", SAID PLAT OF WINTER SPRINGS APARTMENTS - A REPLAT A DISTANCE OF 10.00 FEET; THENCE N51°31'43"E A DISTANCE OF 174.19 FEET TO THE SOUTHWEST LINE OF TRACT "B", SAID PLAT OF WINTER SPRINGS APARTMENTS - A REPLAT; THENCE S38°30'33"E ALONG SAID SOUTHWEST LINE OF TRACT "B" A DISTANCE OF 10.00 FEET TO THE NORTHERNMOST CORNER OF SAID LOT 3; THENCE S51'31'43"W ALONG THE NORTHWEST LINE OF SAID LOT 3 A DISTANCE OF 174.16 FEET TO THE POINT OF BEGINNING. CONTAINS 1,742 SQUARE FEET MORE OR LESS. THIS SKETCH IS NOT A BOUNDARY SURVEY. PREPARED FOR: NV5, LOCHRANE SHEET 1 OF 2 THIS SKETCH MEETS THE "STANDARDS OF PRACTICE" AS LEGEND REQUIRED BY CHAPTER SJ -17 FLORIDA BOARD OF LAND ® CENTERLINE IR IRON ROD SURVEYORS, PURSUANT TO SECTION 472.027 OF THE 11c CBW -CALCULATED -CONCRETE BLOCK WALL L MEAS ARC LENGTH • MEASURED FLORIDA STATUTES. ^ 'GHT CLF -CHAIN LINK FENCE MS -MEFALSHED CM -CONCRETE MONUMENT N&D • NAIL & DISK .r CP CONC - CONCRETE PAD -CONCRETE ORB P&M - OFFICIAL RECORDS BOOK - PLAT & MEASURED COVD -COVERED PB - PLAT BOOK RONALD K. SMITH, PSM 5797 ACCURIGHT SURVEYS CW D - CONCRETEWALKWAY •CENTRAL ANGLE PC PG - POINT OF CURVATURE -PAGE "NOT VALIDWITH OUT THEORIGINAL SIG NATUREANDSEAL OF ORLANDO INC., LB 4475 DB DE -DEED BOOK DRAINAGE EASEMENT POB -POINT OFBEG INNING OF THIS FLORIDA LICENSED SURVEYOR AND MAPPER." OR DW DRIVEWAY POC R/W - POINTOFCOMMENCEMENT RIGHT OF WAY THE DIGITAL SEAL APPEARING ON THIS DOCUMENT WAS 2012 ERobinson Street OrlandoFlorida 32803 E. , EP EDGE OF PAVEMENT • AUTHORIZED BY RONALD K. SMITH, PSM 5797. www.AccurightSurveys.net ESMT -EASEMENT R TYP RADIUS TYPICAL Admin Accuri htSurve s.net g y FFE FINISHED FLOOR ELEVATION UB UTILITY BOX PHONE: (407) 894-6314 FND IF - FOUND IRON PIPE UE WF - UTILITY EASEMENT WOOD FENCE w m S38°30' TRACT "D" (PRIVATE) SEA HAWK COVE (82' R/W) WINTER SPRINGS APARTMENTS - A REPLAT PB 82, PG 63-66 EASTERNMOST CORNER, LOT 4 15'x15' UE LINE CHART L1 S38°30'33"E 10.00' L2 N38043'16"W 10.00' L3 N38043'16"W 10.00' L4 S38030'33"E 10.00' LOT 4 WINTER SPRINGS APARTMENTS - A REPLAT PB 82, PG 63-66 POB, PART 1 SOUTHERNMOST CORNER, LOT 4 _N38°43'16"W 276.71' _ _ S38°43'16"E 583.32' TRACT "B" _ SEA HAWK COVE (82' R/W) WINTER SPRINGS WESTERNMOST APARTMENTS - A REPLAT PB 82, PG 63-66 CORNER, TRACT "B" " L2 L3 STATE ROAD 434 (SANFORD - OVIEDO ROAD) (R/W WIDTH VARIES) SW LINE, TRACT "B" S38°30'33"E 388.14' NE LINE, LOT 3 NORTHERNMOST CORNER, LOT 3 LOT 3 WINTER SPRINGS APARTMENTS - A REPLAT PB 82, PG 63-66 POB, PART 2 WESTERNMOST CORNER, LOT 3 �SW LINE, LOT 3 / �NE R/W LINE, BEARING BASIS THIS SKETCH IS NOT A BOUNDARY SURVEY. PREPARED FOR: NV5, LOCHRANE BEARING STRUCTURE IS ASSUMED A THIS SKETCH MEETS THE "STANDARDS OF PRACTICE" AS REQUIRED BY CHAPTER 5J-17 FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO SECTION 472.027 OF THE FLORIDA STATUTES. " RONALD K. SMITFF, PSM 5797 "NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OFTHIS FLORIDA LICENSED SURVEYOR AND MAPPER." OR THE DIGITAL SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY RONALD K. SMITH, PSM 5797. N38°43'16"W 224.60' _ SHEET 2 OF 2 -CENTERLINE LEGEND IR -IRON ROD CEC -CALCULATED L -ARC LENGTH C - CONCRETE BLOCK WALL MEAS - MEASURED R I CLFLF -CHAIN LINK FENCE MS -METAL SHED (/'� . \ V CM - CONCRETEMONUMENT N&D -NAIL&DISK CP • CONCRETE PAD ORB -OFFICIAL RECORDS BOOK CONC-CONCRETE P&M - PLAT&MEASURED COVD -COVERED PB -PLAT BOOK CW -CONCRETE WALKWAY PC - POINT OF CURVATURE ACCURIGHT SURVEYS D CENTRAL ANGLE PG -PAGE OF ORLANDO INC., LB 4475 DB DE -DEED BOOK DRAINAGE EASEMENT POB POC - POINT OF BEGINNING - POINT OF COMMENCEMENT 2012 E. Robinson Street Orlando, Florida 32803 DW EP DRIVEWAY -EDGE OF PAVEMENT R/W R -RIGHT OF WAY -RADIUS www.AccurightSurveys.net ESMT EMENT P ICAL Admin@AccurightSurveys.net PHONE: (407) 894-6314 FFM FND IP SHED FLOOR ELEVATION - FINISHED -FOUND IRON PIPE UB UE WF UTILITY BOX UTILITY EASEMENT -WOOD FENCE J