HomeMy WebLinkAbout2023 10 23 Regular 503 - Resolution No. 2023-33: Support of Conservation EasementREGULAR AGENDA ITEM 503
CITY COMMISSION AGENDA | OCTOBER 23, 2023 REGULAR MEETING
TITLE
Resolution No. 2023-33: Support of Conservation Easement
SUMMARY
Deputy Mayor Rob Elliott brought this item forward under New Business at the
October 9, 2023 City Commission Meeting and asked for it to be placed on the Regular
Agenda of the next meeting.
FUNDING SOURCE
RECOMMENDATION
Staff recommends the Commission discuss and take action on Resolution 2023-33.
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City of Winter Springs
Resolution No. 2023-33
1
RESOLUTION NUMBER 2023-33
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,
FLORIDA, RECOGNIZING THE PERPETUAL PUBLIC CONSERVATION
EASEMENT GRANTED TO THE CITY OF WINTER SPRINGS UPON LANDS
LOCATED AT THE SOUTH 10.00 FEET OF TRACT E OF TUSCAWILLA UNIT 14C,
AS RECORDED IN PLAT BOOK 36, PAGES 11 AND 12 OF THE PUBLIC RECORD
OF SEMINOLE COUNTY, FLORIDA, AND THE SOUTH 10.00 FEET OF TRACT C,
TUSCAWILLA PLAZA, AS RECORDED IN PLAT BOOK 35, PAGE 98 OF THE
PUBLIC RECORD OF SEMINOLE COUNTY, FLORIDA; REAFFIRMING THAT THE
CONSERVATION EASEMENT IS OF SIGNIFICANT PUBLIC IMPORTANCE TO
THE CITY OF WINTER SPRINGS AND ITS CITIZENS; PROVIDING FOR
SEVERABILITY, REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, 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, on or about September 17, 1993, the City of Winter Springs was previously
granted a perpetual public conservation easement encumbering certain lands legally described
as: THE SOUTH 10.00 FEET OF TRACT E OF TUSCAWILLA UNIT 14C, AS RECORDED IN PLAT BOOK
36, PAGES 11 AND 12 OF THE PUBLIC RECORD OF SEMINOLE COUNTY, FLORIDA; AND THE
SOUTH 10.00 FEET OF TRACT C, TUSCAWILLA PLAZA, AS RECORDED IN PLAT BOOK 35, PAGE 98
OF THE PUBLIC RECORD OF SEMINOLE COUNTY, FLORIDA. A copy of the Conservation Easement
was recorded at Official Record Book 2648, Page 0039 and is attached hereto as EXHIBIT “A” and
hereby fully incorporated herein by this reference. (hereinafter referred to as the “Conservation
Easement”); and
WHEREAS, the Conservation Easement was conveyed to the City of Winter Springs as
valuable consideration for purposes of reaching a settlement of disputed claims under that certain
Settlement Agreement and Amendment to Annexation Ordinance No. 64, the Tuscawilla Planned
Unit Development and related matters, dated September 11, 1992 entered into by the previous
owner of the subject land and the City of Winter Springs; and
WHEREAS, the purpose and intent of the Conservation Easement is to ensure that the
subject lands will be retained forever predominantly in the natural vegetative and hydrologic
condition existing at the time of the execution of the Conservation Easement; and
WHEREAS, the current City Commission hereby declares that the Conservation Easement
continues to be of significant public importance to the City of Winter Springs and its citizens, and
that such easement shall be enforced as stated in the aforementioned Conservation Easement;
and
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City of Winter Springs
Resolution No. 2023-33
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WHEREAS, the City Commission of the City of Winter Springs deems 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 RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference and are deemed a material part of this Resolution.
Section 2. Declaration of Significant Public Importance. The City Commission hereby
declared that the Conservation Easement is of significant public importance to the City of Winter
Springs and its citizens, and that such easement shall be enforced as stated in the Conservation
Easement.
Section 3. 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 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs,
Florida, this ______ day of October 2023.
______________________________
KEVIN McCANN, Mayor
ATTEST:
_______________________________________
CHRISTIAN GOWAN, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
________________________________________
ANTHONY A. GARGANESE, City Attorney
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EXHIBIT A
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