HomeMy WebLinkAboutResolution 2018-15 Vacation of Right-of-Way for Tuskawilla Crossings Phase I ReplatGrant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL
Inst #2018122131 Book:9237 Page:965-966; (2 PAGES) RCD: 10/23/2018 2:16:59 PM
REC FEE $18.50
RESOLUTION NO. 2018-15
A RESOLUTION OF THE CITY COMMISSION OF
WINTER SPRINGS, FLORIDA; VACATING PRE-
EXISTING RIGHTS-OF-WAY, EXCEPT THE OLD SR 434
RIGHT-OF-WAY, WITHIN THE PORTIONS OF D.R.
MITCHELLS SURVEY OF THE LEVY GRANT, GARDENA
FARMS, GARDENA FARMS TOWN SITES, AND PHILLIP
R. YONGE GRANT PLATS THAT ARE REPLATTED BY
THE TUSKAWILLA CROSSINGS PHASE 1 REPLAT;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, RECORDING,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs has been asked to
consider vacating pre-existing rights-of-way, except the Old SR 434 Right -of -Way, within the
portions of the D.R. Mitchells Survey of the Levy Grant, Gardena Farms, Gardena Farms Town
Sites, and Phillip R. Yonge Grant Plats that are being replatted by the Tuskawilla Crossings Phase
I Replat; and
WHEREAS, the D.R. Mitchells Survey of the Levy Grant, Gardena Farms, Gardena Farms
Town Sites, and Phillip R. Yonge Grant Plats are recorded in Plat Book 1, Page 5; Plat Book 6,
Page 23; Plat Book 6, Page 39; and Plat Book 1, Page 36, respectively; and
WHEREAS, the City of Winter Springs does not currently use, nor has any plans to use,
the subject rights-of-way; and
WHEREAS, to the best of the City's knowledge, no other public utilities are currently
utilizing such rights-of-way; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this Resolution is in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
this reference as legislative findings of the City Commission of Winter Springs.
Section 2. Vacation of Rights -of -Way. The City Commission of the City of Winter
Springs hereby vacates the pre-existing rights-of-way, with the exception of the Old SR 434 Right -
of -Way, within the portions of D.R. Mitchells Survey of the Levy Grant as recorded in Plat Book 1,
City of Winter Springs
Resolution No. 2018-15
Page I of 2
Book 9237 Page 966
Instrument# 2018122131
Page 5; Gardena Farms as recorded in Plat Book 6, Page 23; Gardena Farms Town Sites as
recorded in Plat Book 6, Page 39; and Phillip R. Yonge Grant as recorded in Plat Book 1, Page 36,
Public Records in and for Seminole County, Florida, that are replatted by Tuskawilla Crossings Phase
I Replat.
Section 3. City Clerk to Record. Following adoption of this Resolution and upon
the effective date, this Resolution shall be recorded by the City Clerk in the Official Records for
Seminole County, Florida.
Section 4. Repeal of Prior Inconsistent Resolutions. All other prior inconsistent
resolutions adopted by the City Commission are hereby repealed.
Section 5. Severability. If any section, clause, phrase, word, or provision 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 6. — Effective Date. This Resolution shall become effective only after
adoption by the City Commission of Winter Springs and the recordation of the Tuskawilla
Crossings Phase I Replat by Standard Pacific of Florida, GP.
ADOPTED at a Regular Meeting of the City Commission of the City of Winter Springs,
Florida assembled this 13th day of August, 2018.
r �9 +,air
CHARLES LACE ayor
�-, T"TEST:
S1 a"
�LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANfftDNY A. GARGANESE, City Attorney
City of Winter Springs
Resolution No. 2018-15
Page 2 of 2