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Home My WebLink AboutResolution 2018-24 Vacation of Right-of-Way Eagle Edge LaneGrant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst #2019035410 Book:9329 Page:443-446; (4 PAGES) RCD: 4/5/2019 8:48:23 AM REC FEE $35.50 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 Book 9329 Page 444 Instrument# 2019035410 owners. As such, upon adoption of this Resolution and to the extent permitted by law, the adjoining property owners of record as of the effective date of this Resolution, JDBS 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 WINTE3t ` NGS, FLO'I bA e r d Via' Q. ATTEST: +,+� >•.,9� I . � . ANI3R A LORENZO-LUACES, CITY CLERK Approved as to legal form and sufficiency for The City of Winn r Springs only: ANTHONY A. GARGANESE, CITY ATTORNEY City of Winter Springs Resolution No. 2018-24 Page 2 of 2 Book 9329 Page 445 Instrument# 2019035410 DESCRIPTION A PART OF TRACT "CII 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 THIS SKETCH MEETS THE "STANDARDS OF PRACTICE" AS REQUIRED BY CHAPTER 51-17 FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO SECTION 472.027 OF THE FLORIDA STATUTES, F RONALD K. SMITH, PS 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. ACCURIGHT �- ACCURIGHT SURVEYS OF ORLANDO INC., LB 4475 2012 E. Robinson Street Orlando, Florida 32803 www.AccudghtSurveys.net Admin@,AccurightSurveys.net PHONE: (407) 694-6314 SHEET 1 OF 2 IR • CENTERLINE NE L -CALCULATED CBW - CONCRETE BLOCK WALL CLF -CHAIN LINK FENCE CM - CONCRETE MONUMENT CP -CONCRETE PAD CONC •CONCRETE COVD -COVERED CW - CONCRETE WALKWAY D •CENTRAL ANGLE D8 •DEED BOOK DE - DRAINAGE EASEMENT DW •DRIVEWAY EP • EDGE OF PAVEMENT ESMT-EASEMENT -TYPICAL FFE - FINISHED FLOOR ELEVATION FND -FOUND IF, -IRON PIPE SHEET 1 OF 2 IR -IRON ROD L -ARCLENGTH MEAS -MEASURED MS -METAL SHED N&D • NAIL & DISK ORB • OFFICIAL RECORDS BOOK P&M - PIAT&MEASURED PB - PLAT BOOK PC - POINT OF CURVATURE PG PAGE POB - POINT OF BEGINNING POC - POINT OF COMM ENCEMENT R/W -RIGHTOFWAY R -RADIUS TYP -TYPICAL UB -UTILITY BOX UE - UTILITY EASEMENT WF -WOOD FENCE Eel M f TRACT "D" (PRIVATE) SEA HAWK COVE (82' R/W) WINTER SPRINGS APARTMENTS - A REPLAT PB 82, PG 63-66 E 345.63 -------T- EASTERNMOST CORNER, LOT 4 15'x15' UE LINE CHART L1 S38°30'33"E 10.00' L2 N38°43'16"W 10.00' L3 N38'43'16"W 10.00' L4 S38°30'33"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' 538'43'16"E 583.32' — Book 9329 Page 446 Instrument# 2019035410 TRACT "B" SEA HAWK COVE (82' R/W) - WINTER SPRINGS WESTERNMOST APARTMENTS -A REPLAT PB 82, PG 63-66 CORNER, TRACT "B" L4 SW LINE, TRACT "B" — — — TT\ 538"3D'33"E 388.14' NE LINE, LOT 3 — NORTHERNMOST CORNER, LOT 3 LOT 3 WINTER SPRINGS APARTMENTS - A REPLAT PB 82, PG 63-66 12 L3 STATE ROAD 434 (SANFORD - OVIEDO ROAD) (R/W WIDTH VARIES) THIS SKETCH 15 NOT A BOUNDARY SURVEY. PREPARED FOR: NV5, LOCHRANE THIS SKETCH MEETS THE "STANDARDS OF PRACTICE" AS REQUIRED BY CHAPTER S1-17 FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO SECTION 472.027 OF THE FLORIDA STATUTES. ��NALD . SIT , PSM 51797 "NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OF THIS FLORIDA LICENSED SURVEYOR AND MAPPER." OR THE DIGITAL SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY RONALD K. SMITH, PSM 5797. POB, PART 2 WESTERNMOST CORNER, LOT 3 SW LINE, LOT 3 N38143'16"W 224.60' �NE R/W LINE, BEARING BASIS SHEET 2 OF 2 A-CENTERLINE LtbtNU IR -IRON ROD , -CALCULATED L -ARC LENGTH coW -CONCRETE WALL MEAS -MEASURED CLF -CHAIN UNKFENCFENC E MS -METAL SHED C CM - CONCRETE MONUMENT N&D - NAIL & DISK CP -CONCRETE PAD ORB - OFFICIAL RECORDS BOOK CONC-CONCRETE P&M -PLAT & MEASURED COVE) -COVERED PB •PLAT BOOK CW • CONCRETE WALKWAY PC • POINT OF CURVATURE ACCURIGHT SURVEYS D CENTRALANGLE PG -PAGE OF ORLANDO INC., LB 4475 DB DE • DEED BOOK DRAINAGE EASEMENT P08 POC -POOF 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.AccudghtSurveys.net ESMT -EASEMENT TYP -TYPICAL Admin@AccurightSurveys.net FND FINISHED DFLOOR ELEVATION UB UE UTILITY BOX UTILITY EASEMENT PHONE: (407) $94-6314 IP IRONPIPE WF -WOOD FENCE -A