HomeMy WebLinkAboutResolution 2020-07 Townhomes Lot Split Grant Maloy, Clerk Of The Circuit Court&Comptroller Seminole County, FL
Inst#2020049240 Book:9600 Page:592-597; (6 PAGES)RCD: 5/12/2020 12:22:36 PM
REC FEE$52.50
RESOLUTION NO. 2020-07
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; PROVIDING FOR THE DIVISION OF A LOT
OWNED BY DFC SEMINOLE CROSSING,LLC,LOCATED
EAST OF THE CROSS-SEMINOLE TRAIL ON STATE
ROAD 434, WINTER SPRINGS, FLORIDA (EXISTING
PARCEL ID.26-20-30-5AR-OA00-007F)INTO TWO (2)LOTS
OF RECORD FOR PURPOSES OF IMPLEMENTING A
DEVELOPMENT AGREEMENT WITH THE CITY;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State
Constitution,to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 9-11 of the City Code authorizes the City Commission to approve a
"lot split,"by resolution, and sets forth the prerequisites and application process for lot splits; and
WHEREAS,DFC Seminole Crossing, LLC (hereinafter"Owner")is the owner of certain
real property located on State Road 434 in Winter Springs,Florida,more particularly depicted and
legally described herein; and
WHEREAS,Owner has petitioned the City,pursuant to section 9-11 of the City Code,to
divide said property into two (2) separate lots; and
WHEREAS, said lots are more particularly depicted and legally described herein; and
WHEREAS, the City Commission finds that Owner has satisfied all of the requirements
for lot splits set forth in section 9-11 of the City Code; and
WHEREAS,the City Commission further finds that Owner desires to split the existing lot
to implement the requirements of that certain Development Agreement with the City of Winter
Springs,recorded in the Seminole County Official Records,Book 9535,Pages 1782-1800, which
requires the Owner to submit an application for a lot split for the purpose of eventually conveying
the northern portion of the property(approximately 3.8 acres)to the City;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.
City of Winter Springs
Resolution No.2020-07
Page 1 of 6
Book 9600 Page 593
Instrument#2020049240
NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY RESOLVES,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully
incorporated by this reference.
Section 2. Approval of Lot Split.
(a) Subject to the condition stated below, the City Commission hereby approves,
pursuant to section 9-11 of the City Code, the division of the real property located on SR 434
(Parcel number: 26-20-30-5AR-OA00-007F), and legally described in "Exhibit A," attached
hereto and fully incorporated herein by this reference, into two (2) separate lots. Said separate
lots are more particularly depicted and legally described on"Exhibit B"as containing 3.809 acres
and 6.533 acres, more or less. The 3.809-acre lot approved hereunder shall abut the Cross-
Seminole Trail,not requiring frontage on a public or private street,and the 6.533-acre lot approved
hereunder shall front SR 434 right-of-way.
(c) Upon recordation of this Resolution in the Official Public Records of Seminole
County, Florida, said lots shall each be deemed a lot of record for development purposes pursuant
to applicable law.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby
repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Resolution 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 Resolution.
Section 5. Instructions to Staff. Pursuant to section 9-11(b)(2) of the City Code, the City
Attorney is hereby directed to record this Resolution in the Official Public Records of Seminole
County, Florida. The Community Development Department is hereby directed to modify city
maps and documents to reflect the lot split upon recordation of this Resolution.
Section 6. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs. However, the Resolution shall
not be binding upon the Property until recorded by the City in accordance with the requirements
of this Resolution.
City of Winter Springs
Resolution No.2020-07
Page 2 of 6
Book 9600 Page 594
Instrument#2020049240
ADOPTED by the City Commission of the City of Winter Springs, Florida, this
day of ,2020.
l
f,
Cha es La ,.h r
ATTEST (City Seal): -;4;'
Christian Gowan,Interim City Clerk
,
Approved as to legal form and sufficiency for
the City of ter Springs only:
ANTHONY A.GARGANESE, City Attorney
City of Winter Springs
Resolution No.2020-07
Page 3 of 6
Book 9600 Page 595
Instrument#2020049240
EXHIBIT A
Legal Description of Property
PT OF LOT 7 & 8 BLK A DESC AS BEG 1729.58 FT S 38 DEG 23 MIN 34 SEC E OF INT
NLY R/W ST RD 434 Y ELY R/W TUSKAWILLA RD RUN N 50 DEG 31 MIN 58 SEC E
1033.48 FT N 39 DEG 28 MIN 02 SEC W 15 FT N 50 DEG 31 MIN 58 E 106.44 FT S 83 DEG
03 MIN 12 SEC E 94.74 FT S 47 DEG 54 MIN 36 SEC E 34 FT S 37 DEG 59 MIN 33 SEC E
57.62 FT S 68 DEG 24 MIN 08 SEC E 52.48 FT TO ELY LI BLK A S 05 DEG 13 MIN 52 SEC
W 251.46 FT S 62 DEG 36 MIN W 109.52 FT S 50 DEG 54 MIN 04 SEC W 11.72 FT S 22
DEG 01 MIN 13 SEC W 65.99 FT S 29 DEG 00 MIN 27 SEC W 44.28 FT S 52 DEG 03 MIN
03 SEC W 9.60 FT S 28 DEG 03 MIN 23 SEC W 97.92 FT S 44 DEG 20 MIN 04 SEC E 176.05
FT S 37 DEG 21 MIN 37 SEC E 71.69 FT S 05 DEG 13 MIN 52 SEC W 42.89 FT N 27 DEG
56 MIN 26 SEC W 41.29 FT N 36 DEG 31 MIN 04 SEC W 54.59 FT N 52 DEG 32 MIN 01
SEC W 245.40 FT W 57.99 FT S 66 DEG 37 MIN 02 SEC W 39.09 FT S 46 DEG 29 MIN 24
SEC W 41.50 FT S 28 DEG 55 MIN 33 SEC W 34.27 FT S 10 DEG 02 SEC W 55.95 FT S
52.29 FT S 07 DEG 51 MIN 13 SEC W 30.86 FT S 49.12 FT S 07 DEG 25 MIN 22 SEC W
52.87 FT S 67 DEG 06 MIN W 15.29 FT S 79 DEG 35 MIN 01 SEC W 69.29 FT W 96.92 FT N
60 DEG 50 MIN 07 SEC W 119.48 FT S 86 DEG 04 MIN 53 SEC W 186.65 FT S 09 DEG 51
MIN 29 SEC W 3.05 FT N 38 DEG 52 MIN 11 SEC W 121.02 FT S 51 DEG 16 MIN 44 SEC
W 5 FT TO NELY RW SR RD 434 N 38 DEG 43 MIN 16 SEC W 73.56 FT TO BEG D R
MITCHELLS SURVEY OF THE LEVY GRANT PG I PG 5
City of Winter Springs
Resolution No.2020-07
Page 4 of 6
Book 9600 Page 596
Instrument#2020049240
EXHIBIT B
Legal Description of Two Lots as Split
SECTION 6, TOWNSHIP 21 SOUTH,RANGE 31 EAST
WINTER SPRINGS, SEMINOLE COUNTY,FL
DESCRIPTION
A PORTION OF LOTS 7 AND 8, BLOCK"A", D.R. MITCHELL'S SURVEY OF THE LEVY
GRANT ON LAKE JESSUP, SAID LANDS LYING IN SECTION 6,TOWNSHIP 21 SOUTH,
RANGE 31 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 1,PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,FLORIDA,
BEING MORE PARTICULAR LY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF STATE ROAD 434 AND TUSKAWILLA ROAD
(PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP,
SECTION 77070-2516, SHEET 10 OF 13, Pl. STATION 600+32.11); RUN THENCE
S38o23'34"E A DISTANCE OF 1729.58 FEET ALONG THE BASELINE OF SURVEY AS
SHOWN ON SAID RIGHT OF WAY MAP;THENCE N50o31'58"E A DISTANCE OF 97.29
FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID STATE
ROAD 434; THENCE CONTINUE N50°31'58"E A DISTANCE OF 739.15 FEET FOR A
POINT OF BEGINNING; TH ENCE N50o31'58"E A DISTANCE OF 294.33 FEET; THENCE
N39o28'02"W A DISTANCE OF 15.00 FEET; THENCE N50°31'58"E A DISTANCE OF
106.44 FEET; THENCE S83o03'12"E A DISTANCE OF 94.74 FEET; THENCE S4r54'36"E A
DISTANCE OF 34.00 FEET; THENCE S3r59'33"E A DISTANCE OF 57.62 FEET; THENCE
S68o24'08"E A DISTANCE OF 52.48 FEET TO A POINT ON THE EASTERLY LINE OF
BLOCK "A", SAID D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE
JESSUP; THENCE S05°13'52"W ALONG SAID EASTERLY LINE A DISTANCE OF 251.46
FEET; THENCE S62o36'00"W A DISTANCE OF 109.52 FEET; THENCE S50°54'04"W A
DISTANCE OF 11.72 FEET; THENCE S22'01'13"W A DISTANCE OF 65.99 FEET;
THENCE S29000'27"W A DISTANCE OF 44.28 FEET;THENCE S52o03'03"W A DISTANCE
OF 9.60 FEET; THENCE S28003'23"W A DISTANCE OF 97.92 FEET; THENCE
N39o28'25"W A DISTANCE OF 431.48 FEET TO THE POINT OF BEGINNING. CONTAINS
165,916 SQUARE FEET OR 3.809 ACRES,MORE OR LESS.
City of Winter Springs
Resolution No.2020-07
Page 5 of 6
Book 9600 Page 597
Instrument#2020049240
SECTION 6, TOWNSHIP 21 SOUTH,RANGE 31 EAST
WINTER SPRINGS, SEMINOLE COUNTY,FL
DESCRIPTION
A PORTION OF LOT 8, BLOCK "A",D.R. MITCHELL'S SURVEY OF THE LEVY GRANT
ON LAKE JESSUP, SAID LANDS LYING IN SECTION 6,TOWNSHIP 21 SOUTH,RANGE
31 EAST,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1,
PAGE 5,OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRE3ED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF STATE ROAD 434 AND TUSKAWILLA ROAD
(PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP,
SECTION 77070-2516, SHEET 10 OF 13, P1. STATION 600+32.11); RUN THENCE
S38o23'34"E A DISTANCE OF 1729.58 FEET ALONG THE BASELINE OF SURVEY AS
SHOWN ON SAID RIGHT OF WAY MAP; THENCE N50o31'58"E A DISTANCE OF 97.29
FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID STATE
ROAD 434 FOR A POINT OF BEGINNING; THENCE N50°31'58"E A DISTANCE OF
739.15 FEET; THENCE S39°28'25"E A DISTANCE OF 431.48 FEET; THENCE S44o20'04"E
A DISTANCE OF 176.05 FEET; THENCE S3r21'37"E A DISTANCE OF 71.69 FEET TO A
POINT ON THE EASTERLY LINE OF BLOCK "A", SAID D.R. MITCHELL'S SURVEY OF
THE LEVY GRANT ON LAKE JESSUP; THENCE S05°13'52"W ALONG SAID EASTERLY
LINE A DISTANCE OF 42.89 FEET; THENCE N2r56'26"W A DISTANCE OF 41.29 FEET;
THENCE N36o31'04"W A DISTANCE OF 54.59 FEET; THENCE N52o32'01"W A
DISTANCE OF 245.40 FEET; THENCE S89o06'27"W A DISTANCE OF 57.99 FEET;
THENCE S66o37'02"W A DISTANCE OF 39.09 FEET; THENCE S46o29'24"W A
DISTANCE OF 41.50 FEET; THENCE S28o55'33"W A DISTANCE OF 34.27 FEET;
THENCE S10o02'16"W A DISTANCE OF 55.95 FEET; THENCE S03°05'47"W A DISTANCE
OF 52.29 FEET; THENCE SOr51'13"W A DISTANCE OF 30.86 FEET; THENCE
SOOo47'47"W A DISTANCE OF 49.12 FEET; THENCE SOr25'22"W A DISTANCE OF 52.87
FEET; THENCE S6r06'00"W A DISTANCE OF 15.29 FEET; THENCE S79o35'01"W A
DISTANCE OF 69.29 FEET; THENCE N89ol8'43"W A DISTANCE OF 96.92 FEET;
THENCE N60050'07"W A DISTANCE OF 119.48 FEET; THENCE S86°04'53"W A
DISTANCE OF 186.65 FEET; THENCE S09°51'29"W A DISTANCE OF 3.05 FEET;
THENCE N38052'11"W A DISTANCE OF 121.02 FEET; THENCE S51°16'44"W A
DISTANCE OF 5.00 FEET TO A POINT ON SAID NORTHEASTERLY RIGHT OF WAY
LINE OF STATE ROAD 434;THENCE N38o43'16"W A DISTANCE OF 73.56 FEET TO
THE POINT OF BEGINNING. CONTAINS 284,559 SQUARE FEET OR 6.533 ACRES,
MORE OR LESS.
City of Winter Springs
Resolution No.2020-07
Page 6 of 6