HomeMy WebLinkAbout2025 06 09 Public Hearing 400 - Sutton Crossing ROW Vacation: Resolution 2025-07PUBLIC HEARINGS AGENDA ITEM 400
CITY COMMISSION AGENDA | JUNE 9, 2025 REGULAR MEETING
TITLE
Sutton Crossings Right-of-Way Vacation: Approval of Resolution 2025-07
SUMMARY
The Community Development Department requests the City Commission approve
Resolution 2025-07 vacating a portion of the public right-of-way lying east of
Tuskawilla Road and north of Michael Blake Boulevard, resulting in the vacated right-
of-way being conveyed to the adjoining property owners, EPB Engineering &
Construction PLLC and Blue Orange Holdings LLC. The property owners submitted
final engineering site plan, waiver, aesthetic review, and development agreement
applications, for the construction of a hardware store, retail, and a quick service drive
through restaurant approved by City Commission on May 12, 2025.
FUNDING SOURCE
RECOMMENDATION
Staff recommends the City Commission approve Resolution 2025-07 vacating a
portion of the public right-of-way lying east of Tuskawilla Road and north of Michael
Blake Boulevard, resulting in the vacated right-of-way being conveyed to the adjoining
property owners, EPB Engineering & Construction PLLC and Blue Orange Holdings LLC.
201
Resolution No. 2025-07
City of Winter Springs
Page 1 of 5
RESOLUTION NO. 2025-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, VACATING A PORTION OF THE PUBLIC
RIGHT-OF-WAY LYING EAST OF TUSKAWILLA ROAD AND NORTH OF
MICHAEL BLAKE BOULEVARD, 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 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 the existing public right-of-way lying East of Tuskawilla Road
and North of Michael Blake Boulevard, as depicted and legally described in Exhibit “A,” will be
subsumed within the new Sutton Crossings commercial development, which is being constructed
on the surrounding parcels; and
WHEREAS, because the right-of-way will become part of the Sutton Crossings
development, the Sutton Crossings property owners shall take responsibility for the right-of-way
within the development and the City shall no longer bear responsibility for the operation and
maintenance of the right-of-way; 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.
202
Resolution No. 2025-07
City of Winter Springs
Page 2 of 5
Section 2. Partial Vacation of Right-of-Way Authorized. The City Commission of
the City of Winter Springs hereby vacates a portion of the right-of-way East of Tuskawilla Road
and North of Michael Blake Boulevard, as 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 by law, the adjoining property owners of record as of the effective date of this
Resolution, EPB Engineering & Construction PLLC, and Blue Orange Holdings 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. It is specifically recognized that only the southern fifteen (15) feet of the
thirty-foot existing right-of-way shall be vacated along the northern boundary of EPB Engineering
& Construction PLLC’s property.
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 upon
adoption by the City Commission of the City of Winter Springs.
CITY OF WINTER SPRINGS, FLORIDA
________________________________
Kevin McCann, Mayor
ATTEST:
____________________________________
Christian Gowan, City Clerk
Approved as to legal form and sufficiency for
203
Resolution No. 2025-07
City of Winter Springs
Page 3 of 5
The City of Winter Springs only:
____________________________________
Anthony A. Garganese, City Attorney
204
Resolution No. 2025-07
City of Winter Springs
Page 4 of 5
EXHIBIT A
205
Resolution No. 2025-07
City of Winter Springs
Page 5 of 5
206
Sutton Crossings Project – Right Away Abandonment and Replat Application
Submittal Narrative: This submittal package has been compiled for the City of Winter Springs, Florida,
for the consideration of vacating the Rights-of-Way identified within the package. The package also
outlines the proposed replat, which is intended to facilitate the development of Parcels
2620305AR0A00008D, 2620305AR0A00008H, and 01213050100000010. These parcels are part of the
Sutton Crossings development project, which envisions a retail commerce center within the Winter
Springs Town Center District. The proposed development aims to enhance commercial activity in the
area, in alignment with the City’s vision for the district.
Table of Contents:
Table of Contents / Cover Sheet pg.1
Right of Way Vacation Application pg. 2-5
Opinion of Title for Proposed Plat Sutton Crossings pg. 6-11
Depiction of Proposed Right of Way Vacation pg. 12
Boundary Survey (Updated 10/8/24)pg. 13-15
Proposed Replat Legal Description and Plot pg. 16-17
Duke Energy Right of Way Vacation Letter pg. 18-19
Special Warranty Deed – Parcels 2620305AR0A00008D and 2620305AR0A00008H pg. 20-26
Articles of Organization – Blue Orange Holdings, LLC pg. 27-28
Warranty Deed – Parcel 01213050100000010 pg. 29-31
Articles of Organization – EPB Engineering & Construction, PLLC pg. 32-33
1 of 33 207
2 of 33 208
3 of 33 209
4 of 33 210
5 of 33 211
6 of 33 212
7 of 33 213
8 of 33 214
9 of 33 215
10 of 33 216
11 of 33 217
12 of 33
Requesting City to
Abandon the ROW
shown highlighted
in yellow.
Parcel: 2620305AR0A00008D
Parcel: 2620305AR0A00008A
Parcel: 01213050100000010
218
FLOOD NOTE: BASED ON MAPS PREPARED BY THE FEDERAL EMERGENCY MANAGEMENT
AGENCY (FEMA) AVAILABLE ONLINE AT WWW.MSC.FEMA.GOV, AND BY GRAPHIC
PLOTTING ONLY, THIS PROPERTY IS LOCATED IN ZONE "X" ON FLOOD INSURANCE RATE
MAP NUMBER 12117C0160F, WHICH BEARS AN EFFECTIVE DATE OF 09/28/2007 AND IS NOT IN
A SPECIAL FLOOD HAZARD AREA. BY REVIEWING FLOOD MAPS PROVIDED BY THE
NATIONAL FLOOD INSURANCE PROGRAM WE HAVE LEARNED THIS COMMUNITY DOES
PARTICIPATE IN THE PROGRAM. NO FIELD SURVEYING WAS PERFORMED TO DETERMINE
THIS ZONE AND AN ELEVATION CERTIFICATE MAY BE NEEDED TO VERIFY THE ACCURACY
OF THE MAPS AND/OR TO APPLY FOR A VARIANCE FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY.
VACANT LAND
NO ONSITE PARKING
99,228 ± SQUARE FEET2.278 ± ACRES
WINTER SPRINGS, FLORIDA 32708SEMINOLE COUNTY
MICHAEL BLAKE BOULEVARD
BEARINGS SHOWN HEREON ARE BASED ON FLORIDA EAST STATE PLANE COORDINATES
BASED ON RTK NETWORK GPS OBSERVATION.
NOT TO SCALE
RESTRICTIONS, CONDITIONS, RESERVATIONS, EASEMENTS, DEDICATIONS AND
OTHER MATTERS CONTAINED ON THE PLAT OF D.R. MITCHELL'S SURVEY OF THE
LEVY GRANT ON LAKE JESSUP, AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC
RECORDS OF SEMINOLE, FLORIDA. (AFFECTS, BLANKET IN NATURE)
TERMS AND CONDITIONS CONTAINED IN RESOLUTION RECORDED IN O.R. BOOK
1050, PAGE 401, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. (AFFECTS,
NOTHING TO PLOT)
TERMS AND CONDITIONS CONTAINED ORDINANCE NO. 429 RECORDED IN O.R.
BOOK 2001, PAGE 647, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
(AFFECTS, NOTHING TO PLOT)
TERMS AND CONDITIONS CONTAINED ORDINANCE NO. 462 RECORDED IN O.R.
BOOK 2094, PAGE 287, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
(AFFECTS, NOTHING TO PLOT)
TERMS AND CONDITIONS CONTAINED IN RESOLUTION NO. 97-R-7 RECORDED IN
O.R. BOOK 3191, PAGE 791, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
(AFFECTS NOTHING TO PLOT)
TERMS, COVENANTS, CONDITIONS AND OTHER MATTERS CONTAINED IN ORDER
OF TAKING RECORDED IN O.R. BOOK 3326, PAGE 1162, AND FINAL JUDGMENT
RECORDED IN O.R. BOOK 3380, PAGE 2151, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA. (DOES NOT AFFECT, FALL IN TUSKAWILLA ROAD RIGHT OF
WAY)
TERMS, COVENANTS, CONDITIONS AND OTHER MATTERS CONTAINED IN THE
AGREEMENT DATED JUNE 26, 2000, BY AND BETWEEN SCHRIMSHER LAND FUND
1986-II, LTD., A FLORIDA LIMITED PARTNERSHIP, SCHRIMSHER LAND FUND V,
LTD., A FLORIDA LIMITED PARTNERSHIP, AND SCHRIMSHER LAND FUND VI, LTD.,
A FLORIDA LIMITED PARTNERSHIP, AND THE CITY OF WINTER SPRINGS, A
MUNICIPAL CORPORATION EXISTING UNDER THE LAWS OF THE STATE OF
FLORIDA, AS EVIDENCED BY SHORT FORM MEMORANDUM OF AGREEMENT
RECORDED IN O.R. BOOK 3988, PAGE 1063, OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA. (AFFECTS, NO SURVEY RELATED ITEMS, NOTHING TO PLOT)
RESERVATIONS, EASEMENTS AND OTHER MATTERS CONTAINED IN THAT
CERTAIN SPECIAL WARRANTY DEED RECORDED IN O.R. BOOK 3988, PAGE 1075,
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. (DOES NOT AFFECT)
TERMS, COVENANTS, CONDITIONS, EASEMENTS AND OTHER MATTERS
CONTAINED THAT CERTAIN MEMORANDUM OF POST CLOSING AGREEMENT AND
GRANT OF TEMPORARY CONSTRUCTION EASEMENT BY AND BETWEEN
SCHRIMSHER LAND FUND 1986-II, LTD., A FLORIDA LIMITED PARTNERSHIP,
SCHRIMSHER LAND FUND V, LTD., A FLORIDA LIMITED PARTNERSHIP, AND
SCHRIMSHER LAND FUND VI, LTD., A FLORIDA LIMITED PARTNERSHIP, AND
WINTER SPRINGS RETIREMENT RESIDENCE LLC, A WASHINGTON LIMITED
LIABILITY COMPANY, RECORDED IN O.R. BOOK 9101, PAGE 572, PUBLIC RECORDS
OF SEMINOLE COUNTY, FLORIDA. (AFFECTS, NOTHING TO PLOT)
AGREEMENT CONTAINED IN THAT CERTAIN WARRANTY DEED RECORDED IN O.R.
BOOK 1663, PAGE 34, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
(AFFECTS, NOTHING TO PLOT)
TERMS, COVENANTS, CONDITIONS AND OTHER MATTERS CONTAINED IN ORDER
OF TAKING RECORDED IN O.R. BOOK 2803, PAGE 1023, PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA. (DOES NOT AFFECT)
TERMS, COVENANTS, CONDITIONS, EASEMENTS, MAINTENANCE OBLIGATIONS,
AND OTHER MATTERS CONTAINED IN THAT CERTAIN IRRIGATION EASEMENT
RECORDED IN O.R. BOOK 8890, PAGE 833, AS AMENDED BY AMENDMENT TO
IRRIGATION EASEMENT RECORDED IN O.R. BOOK 9080, PAGE 347, PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA. (DOES NOT AFFECT)
5
S
R
4
3
4
TU
S
K
A
W
I
L
L
A
R
D
NATURES WAY
MILKY WAY
MICH
A
E
L
BLAK
E
B
L
V
D
TO: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY; JEQX-HRP WINTER SPRINGS,
LLC, A FLORIDA LIMITED LIABILITY COMPANY:
THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED
WERE MADE IN ACCORDANCE WITH THE 2021 MINIMUM STANDARD DETAIL
REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND
ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1, 2, 3, 4, 7(a), 7(b)(1), 7(c), 8, 9, 13, 14,
16, AND 17 OF TABLE A THEREOF. THE FIELDWORK WAS COMPLETED ON 04/05/2022. DATE
OF PLAT OR MAP: 04/20/2022.
1. NO UNDERGROUND UTILITIES ARE SHOWN ON THIS SURVEY, ONLY ABOVE GROUND VISIBLE
EVIDENCE OF UTILITIES ARE SHOWN.
2. ALL STATEMENTS WITHIN THE CERTIFICATION, AND OTHER REFERENCES LOCATED ELSEWHERE
HEREON, RELATED TO: UTILITIES, IMPROVEMENTS, STRUCTURES, BUILDINGS, PARTY WALLS, PARKING,
EASEMENTS, SERVITUDES, AND ENCROACHMENTS ARE BASED SOLELY ON ABOVE GROUND, VISIBLE
EVIDENCE, UNLESS ANOTHER SOURCE OF INFORMATION IS SPECIFICALLY REFERENCED HEREON.
3. THIS SURVEY MEETS OR EXCEEDS THE SURVEY STANDARDS/STANDARDS OF CARE AS SET FORTH IN
SECTION 3 OF THE 2021 ALTA/NSPS SURVEY REQUIREMENTS.
4. THE SUBJECT PROPERTY HAS DIRECT PHYSICAL ACCESS TO STATE ROAD 434 & MICHAEL BLAKE
BOULEVARD, A DEDICATED PUBLIC STREET OR HIGHWAY. MICHAEL BLAKE BLVD. WAS A NEWLY
CONSTRUCTED ROADWAY.
5. THERE IS NO VISIBLE EVIDENCE OF CEMETERIES ON SUBJECT PROPERTY.
6. THERE IS NO OBSERVABLE EVIDENCE OF EARTH MOVING WORK, BUILDING CONSTRUCTION OR
BUILDING ADDITIONS WITHIN RECENT MONTHS.
7. THE PARCELS CONTAINED IN THE LEGAL DESCRIPTION ARE CONTIGUOUS WITHOUT ANY GAPS, GORES
OR OVERLAPS.
8. BUILDING AREAS SHOWN HEREON ARE FOR THE FOOTPRINT OF THE BUILDING ONLY.
9. NO APPARENT CHANGES IN STREET RIGHT OF WAY LINES EITHER COMPLETED OR PROPOSED, AND
AVAILABLE FROM THE CONTROLLING JURISDICTION. NO OBSERVABLE EVIDENCE OF RECENT STREET
OR SIDEWALK CONSTRUCTION OR REPAIRS.
10. ALL BEARINGS AND DISTANCES ARE RECORD AND MEASURED UNLESS OTHERWISE NOTED.
11. NEAREST INTERSECTION: E FLORIDA 434 & MICHAEL BLAKE BOULEVARD.
12. NOT VALID WITHOUT THE ELECTRONIC SIGNATURE OR ORIGINAL SIGNATURE AND SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER. ADDITIONS AND DELETIONS TO SURVEY MAPS, SKETCHES,
OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN
CONSENT OF THE SIGNING PARTY OR PARTIES.
13. THIS SURVEY MEETS THE MINIMUM STANDARD OF PRACTICE FOR THE STATE OF FLORIDA.
14. THE PURPOSE OF THIS SURVEY IS TO SHOW THE BOUNDARIES OF THE TRACT OF LAND SHOWN
HEREON. CONTOURS WERE FROM A PRIOR SURVEY AND IS SHOWN AT CLIENT'S REQUEST AND NOT
FIELD VERIFIED. ALL ELEVATION DATA IS NAVD 88.
15. THE LEGAL DESCRIPTION SHOWN IN THE TITLE COMMITMENT APPEARS TO BE FROM THE PROPERTY
APPRAISERS OFFICE. THE LEGAL SHOWN IN O.R BOOK 9101, PAGE 572, (PARCEL 3) MATCHES THE
PROPERTY BOUNDARY LINES AS SHOWN AND AS SURVEYED.
16. TOPOGRAPHICAL ELEVATIONS ARE BASED ON SEMINOLE COUNTY BENCHMARK DESIGNATION
#4733701, ELEVATION 44.45' NAVD 88 DATUM.
17. TREES WERE LOCATED 4" AND ABOVE. SITE IS HEAVILY WOODED.
18. AERIAL UNDERLAY WAS FLOWN ON JULY 31, 2020 BY REPUBLIC NATIONAL.
____________________
REGISTERED SURVEYOR: MICHAEL W. SOLITRO
PROFESSIONAL LAND SURVEYOR NO.: 4458
STATE OF FLORIDA, C.O.A. LB 6300.
6
7
THE LAND IS DESCRIBED AS FOLLOWS:
THAT PART OF LOT 8 BLOCK "A", OF TUSKAWILLA, ACCORDING TO THE PLAT OF MITCHELL'S SURVEY OF THE LEVY GRANT
AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWESTERN MOST CORNER OF LOT 31 ST. JOHNS LANDING AS RECORDED IN PLAT BOOK 53, PAGES
45 THRU 49 OF SAID PUBLIC RECORDS, SAID POINT BEING A RECOVERED CONCRETE MONUMENT ON THE EASTERLY RIGHT
OF WAY LINE OF TUSKAWILLA ROAD (FORMERLY BRANTLEY AS RECORDED IN OFFICIAL RECORDS BOOK 3225, PAGE 1829
OF SAID PUBLIC RECORDS; THENCE RUN NORTH 59°31'38" WEST ALONG THE WESTERLY PROLONGATION OF THE SOUTH
LINE OF SAID LOT 31 FOR A DISTANCE OF 15.00 FEET; THENCE RUN SOUTH 30°04'55" WEST ALONG SAID EASTERLY RIGHT OF
WAY LINE FOR A DISTANCE OF 5.00 FEET; THENCE CONTINUE SOUTH 30°04'55" WEST A DISTANCE OF 35.00 FEET; THENCE
SOUTH 59°31'38" EAST, A DISTANCE OF 1132.34 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 150.00 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE AT
60°36'00" FOR AN ARC DISTANCE OF 158.65 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01°04'22" WEST A DISTANCE
OF 146.91 FEET; THENCE SOUTH 24°59'41' WEST, A DISTANCE OF 318.72 FEET; THENCE SOUTH 00°00'00" EAST A DISTANCE OF
115.48 FEET; THENCE SOUTH 36°55'21" EAST A DISTANCE OF 217.54 FEET; THENCE SOUTH 15°19'53" EAST A DISTANCE OF 140.49
FEET; THENCE SOUTH 02°23'00" WEST A DISTANCE OF 556.34 FEET; THENCE SOUTH 07°25'15" WEST A DISTANCE OF 272.61
FEET; THENCE SOUTH 29°30'05" WEST A DISTANCE OF 231.32; THENCE SOUTH 50°31'58" WEST A DISTANCE OF 1475.69 FEET TO
THE NORTHEASTERLY RIGHT OF WAY LINE OF STATE ROAD 434 ACCORDING TO FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY MAP SECTION 77070-2516; THENCE CONTINUE SOUTH 50°31'S8" WEST FOR A DISTANCE OF
143.34 FEET TO A FOUND 1/2" IRON ROD & CAP (LB ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 434;
THENCE ALONG SAID SOUTHWESTERLY RIGHT OF WAY NORTH 39°47'08" WEST, 741.99 FEET TO THE POINT OF BEGINNING;
THENCE DEPARTING SAID SOUTHWESTERLY RIGHT OF WAY SOUTH 50°22'25" WEST, 153.21 FEET TO A SET 5/8" IRON ROD &
CAP (LB 8071); THENCE SOUTH 49°13°20" WEST, 22.84 FEET TO A SET 5/8" IRON ROD & CAP (LB 8071) ON A CURVE CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 170.00 FEET, A CENTRAL ANGLE OF 21°33'57", AND A CHORD BEARING AND
DISTANCE OF SOUTH 68°52'35" WEST, 63.61 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A. DISTANCE
OF 63.99 FEET TO A SET 5/8" IRON ROD & CAP (LB 8071) ON THE WESTERLY RIGHT OF WAY OF C.S.X TRANSPORTATION., INC
"LAKE CHARM BRANCH" RAIL CORRIDOR; SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A
RADIUS OF 3707.33 FEET, A CENTRAL ANGLE OF 00°28'47", AND A CHORD BEARING AND DISTANCE OF SOUTH 01°55'26" EAST,
31.04 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, AND SAID WESTERLY RIGHT OF WAY, A DISTANCE
OF 31.04 FEET TO A FOUND 4"X4" CONCRETE MONUMENT (LB 220) ON THE EASTERLY EXTENSION OF THE NORTH LINE OF
LOT 17 OF SAID PLAT OF D.R. MITCHELL'S SURVEY OF LEVY GRANT; THENCE DEPARTING SAID WESTERLY RIGHT OF WAY,
ALONG SAID EASTERLY EXTENSION OF NORTH LINE, NORTH 87°52'13" WEST, 143.10 FEET TO A POINT ON THE EASTERLY
RIGHT OF WAY OF A 30 FOOT ROAD AS SHOWN ON SAID PLAT OF D.R. MITCHELL'S SURVEY OF LEVY GRANT; THENCE
DEPARTING SAID EASTERLY EXTENSION OF THE NORTH LINE, ALONG SAID EASTERLY RIGHT OF WAY, NORTH 02°44'06"
EAST, 510.43 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF A 30 FOOT ROAD AS SHOWN ON SAID PLAT OF D.R
MITCHELL'S SURVEY OF LEVY GRANT, THENCE DEPARTING SAID EASTERLY RIGHT OF WAY, ALONG SAID NORTHERLY
RIGHT OF WAY, NORTH 87°56'41" WEST, 21.83 FEET TO THE EASTERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 2152, PAGE 533 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE DEPARTING SAID
NORTHERLY RIGHT OF WAY, ALONG SAID EASTERLY BOUNDARY, NORTH 02°03'02" EAST, 65.81 FEET TO A POINT ON THE
SOUTHWESTERLY RIGHT OF WAY OF AFORESAID STATE ROAD 434; THENCE DEPARTING SAID EASTERLY BOUNDARY,
ALONG THE SAID SOUTHWESTERLY RIGHT OF WAY THE FOLLOWS THREE (3) COURSES: 1) THENCE SOUTH40°37'45" EAST,
224.63 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY, : HAVING A RADIUS OF 3707.33 FEET, A
CENTRAL ANGLE OF 00°18'00", AND A CHORD BEARING AND DISTANCE OF SOUTH 06°37'29" WEST, 19.42 FEET; 2) THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 19.42 FEET TO THE END OF SAID CURVE; 3) THENCE
S.39°47'08"E., 293.27 FEET TO THE POINT OF BEGINNING.
LESS (OFFICIAL RECORDS BOOK 8943, PAGE 877)
A PORTION LOT 8, BLOCK A, DR MITCHELL'S SURVEY OF THE LEVY GRANT, AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LYING IN SECTION 6, TOWNSHIP 21 SOUTH, RANGE 31 EAST BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE RESERVE AT TUSCAWILLA PHASE II, AS RECORDED IN PLAT BOOK 50,
PAGES 3 THROUGH 9 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN SOUTH 00°45'33" EAST ALONG
THE WESTERLY LINE OF SAID RESERVE AT TUSCAWILLA, PHASE II, ALSO BEING THE EAST LINE OF BLOCK A, GARDENA
FARMS TOWN STIES, AS RECORDED IN PLAT BOOK 6, PAGE 39, OF THE SAID PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, FOR A DISTANCE OF 810.29 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF RAILS TO TRAILS
AS RECORDED IN OFFICIAL RECORDS BOOK 3177, PAGE 632 OF SAID PUBLIC RECORDS; THENCE DEPARTING SAID WEST LINE
AND SAID EAST LINE, RUN NORTH 55°28'13" WEST ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF
593.50 FEET TO THE SOUTHEAST CORNER OF BLOCK C, OF SAID GARDENA FARMS TOWN SITES; THENCE CONTINUE NORTH
55°28'13" WEST, ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 800.00 FEET TO A POINT ON A
NON-TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1815.35 FEET, A CHORD BEARING OF NORTH
39°53'20" WEST AND A CHORD DISTANCE OF 974.43 FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
AND SAID NORTHEASTERLY RIGHT OF WAY LINE, THROUGH A CENTRAL ANGLE OF 31°08'12" FOR AN ARC DISTANCE OF
986.53 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
2148.74 FEET, A CHORD BEARING OF NORTH 22°10'08" WEST AND A CHORD DISTANCE OF 162.34 FEET; THENCE RUN
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AND SAID NORTHEASTERLY RIGHT OF WAY LINE, THROUGH A
CENTRAL ANGLE OF 04°19'47" FOR AN ARC DISTANCE OF 162.58 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY
LINE OF RAILS TO TRAILS, AS RECORDED IN OFFICIAL RECORDS BOOK 3988, PAGE 1075 OF THE AFORESAID PUBLIC RECORDS
OF SEMINOLE COUNTY; THENCE RUN NORTH 49°31'30" EAST, ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE,
NON-TANGENT TO SAID CURVE, FOR A DISTANCE OF 250.50 FEET; THENCE RUN NORTH 39°49°55" WEST, DEPARTING SAID
NORTHWESTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 659.48 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE
OF RAILS TO TRAILS, ACCORDING TO THE AFORESAID OFFICIAL RECORDS BOOK 3177, PAGE 632, LYING ON A NON-TANGENT
CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 4008.02 FEET, A CHORD BEARING OF NORTH 03°01'14" WEST AND A
CHORD DISTANCE OF 96.30 FEET; THENCE RON NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE AND ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 01°22'36" FOR AN ARC DISTANCE OF 96,30 FEET TO A NON-TANGENT
POINT AND THE POINT OF BEGINNING; THENCE RUN NORTH 87°58'38" WEST, ALONG THE EASTERLY EXTENSION OF THE
NORTH LINE OF LOT 17 OF TUSKAWILLA, ACCORDING TO THE PLAT OF D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, AS
RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, NON-RADIAL WITH SAID
CURVE AND DEPARTING SAID WESTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 142.83 FEET TO THE EASTERLY LINE OF
THAT CERTAIN THIRTY FOOT (30) WIDE UNNAMED RIGHT OF WAY ACCORDING TO THE AFORESAID PLAT OF D.R.
MITCHELL'S SURVEY OF THE LEVY GRANT; THENCE RUN NORTH 02°41'39" EAST, ALONG SAID EASTERLY RIGHT OF WAY
LINE, FOR A DISTANCE OF 27,00 FEET; THENCE RUN SOUTH 87°58'38" EAST, DEPARTING SAID EASTERLY RIGHT OF WAY LINE,
FOR A DISTANCE OF 99,57 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF
151.67 FEET, A CHORD BEARING OF NORTH 83°10'19" EAST AND A CHORD DISTANCE OF 41.09 FEET; THENCE RUN
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°34'11" FOR AN ARC DISTANCE OF
41.22 FEET TO A POINT ON THE AFORESAID WESTERLY. RIGHT OF WAY LINE OF RAILS TO TRAILS, LYING ON A
NON-TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 4008.02 FEET, A CHORD BEARING OF SOUTH 02°05'36"
EAST AND A CHORD DISTANCE OF 33.41 FEET; THENCE RUN SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE AND
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00°28'39" FOR AN ARC DISTANCE OF 33.41 FEET TO THE
POINT OF BEGINNING.
TOGETHER WITH:
LOTS 1 AND 2 AND THAT PART OF LOTS 3 AND 4 EAST OF GOLDENROD ROAD, TUSKAWILLA, D.R. MITCHELL'S SURVEY OF
THE LEVY GRANT, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS
OF SEMINOLE COUNTY, FLORIDA.
TOGETHER WITH: THE NORTH HALF (1/2) OF THE VACATED RIGHT-OF-WAY ADJACENT ON THE SOUTH, AS DESCRIBED IN
RESOLUTION RECORDED IN O.R. BOOK 1050, PAGE 401, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
LESS AND EXCEPT: THOSE PORTIONS TAKEN IN WARRANTY DEED RECORDED IN O.R. BOOK 2440, PAGE 489, AND ORDER OF
TAKING RECORDED IN O.R. BOOK 3326, PAGE 1162, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
TOGETHER WITH
149,053 ± SQUARE FEET3.422 ± ACRES
(CALCULATED)
A PORTION OF LOT 8
ENCROACHMENT BY DRAINAGE MANHOLE 0.4' AT MOST
THE PROPERTY HEREON DESCRIBED IS THE SAME AS THE PERTINENT PROPERTY AS
DESCRIBED IN OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, COMMITMENT FILE
NO.: 22922456, WITH AN EFFECTIVE DATE OF JULY 26, 2022.
TERMS AND CONDITIONS CONTAINED IN ORDINANCE NO. 2015-09 RECORDED IN
O.R. BOOK 8454, PAGE 361 AND RECORDED IN O.R. BOOK 8454, PAGE 365, PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA. (AFFECTS, AS SHOWN)
TERMS, COVENANTS, CONDITIONS, EASEMENTS AND OTHER MATTERS
CONTAINED IN THAT CERTAIN TEMPORARY UTILITY EASEMENT (POTABLE
WATER) RECORDED IN O.R. BOOK 8591, PAGE 205, AS AMENDED BY AMENDMENT
TO TEMPORARY UTILITY EASEMENT (POTABLE WATER) RECORDED IN O.R. BOOK
8799, PAGE 340, WHICH WAS RE-RECORDED IN O.R. BOOK 8846, PAGE 1604, AS
FURTHER AMENDED BY SECOND AMENDMENT TO TEMPORARY UTILITY
EASEMENT (POTABLE WATER) RECORDED IN O.R. BOOK 8940, PAGE 1029, PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA. (AFFECTS, AS SHOWN)
17
8
9
10
11
12
13
14
15
16
18
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
13 of 33
21
9
14 of 33
22
0
15 of 33
22
1
W
E
S
T
S
T
A
T
E
R
O
A
D
4
3
4
TU
S
K
A
W
I
L
L
A
R
D
NATURES WAY
MILKY WAY
MICH
A
E
L
BLA
K
E
B
L
V
D
ATIONALEPUBLIC
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
S
T
A
T
E
R
O
A
D
4
1
7
SITE
16 of 33
22
2
∆=
∆=
∆=
∆=0
∆=
17 of 33
22
3
452 East Crown Point Road
Winter Garden, Florida 34787
Irma.Cuadra@duke-energy.com
Aug. 30, 2024
Via email: wessmcmillan@centralfloridaace.com
Mr. John W. McMillan, Jr.
PO Box 1013
Oakland, Florida 34760
RE: Vacation of Right Of Way
Tuskawilla Rd & Michael Blake Blvd, Winter Springs
Seminole County, Florida
Dear Mr. McMillan:
Please be advised that Duke Energy has “no objection” to the vacation and abandonment of the
Right Of Way lying East of Tuskawilla Road and North of Michael Blake Blvd, in Winter Springs,
being more particularly as highlighted on the accompanying Exhibit A Map, attached hereto and
by this reference made a part hereof.
If I can be of further assistance, please do not hesitate to contact me.
Sincerely,
Irma Cuadra
Irma Cuadra
Senior Research Specialist
Attachment
18 of 33 224
EXHIBIT – MAP
19 of 33 225
20 of 33 226
21 of 33 227
22 of 33 228
23 of 33 229
24 of 33 230
25 of 33 231
26 of 33 232
27 of 33 233
28 of 33 234
29 of 33 235
30 of 33 236
31 of 33 237
32 of 33 238
33 of 33 239
Published Daily in
Orange, Seminole, Lake, Osceola & Volusia Counties, Florida
Sold To:
City Of Winter Springs - CU00116922
1126 E State Road 434
Winter Springs, FL 32708-2715
Bill To:
City Of Winter Springs - CU00116922
1126 E State Road 434
Winter Springs, FL 32708-2715
State Of Florida
County Of Orange
Before the undersigned authority personally
appeared
Rose Williams, who on oath says that he or
she is a duly authorized representative of the
ORLANDO SENTINEL, a DAILY
newspaper published in ORANGE County,
Florida; that the attached copy of
advertisement, being a Legal Notice in:
The matter of 11150-Public Hearing Notice
Was published in said newspaper by print in
the issues of, or by publication on the
newspaper¶s website, if authorized on May
24, 2025.
Affiant further says that the newspaper
complies with all legal requirements for
publication in Chapter 50, Florida Statutes.
Rose Williams
Sworn to and subscribed before me on this 25 day of May, 2025,
by above Affiant, who is personally known to me (X) or who has produced identification ( ).
Signature of Affiant Name of Affiant
Signature of Notary Public
Name of Notary, Typed, Printed, or Stamped
7818486
240
7818486
241
242