HomeMy WebLinkAboutResolution 2025-07 Vacation of Portion of Right-of-Way (Sutton Crossings)Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL
Inst #2025066557 Book:10857 Page:402-406; (5 PAGES) RCD: 7/9/2025 10:33:41 AM
REC FEE $44.00
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 RIGHTOF-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.
Resolution No. 2025-07
City of Winter Springs
Page I of 5
Book 10857 Page 403
Instrument# 2025066557
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. Recordin14. Following adoption of this resolution by the City Commission,
the City Cleric 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:
o \N rn t e j. Sp
Christian Gowan City Cleric C�� CI°Cpo'a� f�
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Approved as to legal form and sufficiency for
'h��e County .F
Resolution No. 2025-07
City of Winter Springs
Page 2 of 5
Book 10857 Page 404
Instrument# 2025066557
The City of WVi,9ter Springs only:
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Anthony A. Garganese, City Attorney
Resolution No. 2025-07
City of Winter Springs
Page 3 of 5
Book 10857 Page 405
Instrument# 2025066557
EXHIBIT A
yldi' I , I ICI
ALL THAT PORTION OF AN UNNAMED RIGHT OF WAY, 30.00 FEET IN WIDTH, ADJACENT TO LOTS 1, 2, AND 4, TUSKAWILLA,
AND LOT 8, BLOCK A, D.R. MITCIIELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE INTERSECTION OF THE NORTHWESTERLY RIGHT-OF-WAY LINE OF MICHAEL BLAKE BOULEVARD, AS
RECORDED IN OFFICIAL RECORDS BOOK 10181, PAGE, 1010, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND
THE SOUTHWESTERLY RIGHT-OF-WAY LINE. OF STATE ROAD 434, PER RIGHT OF WAY MAP SECTION 77070-2516; THENCE
ALONG THE NORTHWESTERLY RIGHT -OF -NAY LINE OF SAID MICHAEL BLAKE BOULEVARD, THE FOLLOWING FOUR
COURSES: (1) SOUTH 50°22'25" WEST, A DISTANCE. OF 153,21 FEET; (2) THENCE SOUTH 49'13'20" WEST, A DISTANCE OF 22.94
FEET, TO A POINT OF CURVATURE OF A NON -TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 170.00 FEET, A
CENTRAL ANGLE OF 21'34'04" AND A CHORD DISTANCE OF 63.61 FEET WHICH BEARS SOUTH 68°52'38" WEST; (3) THENCE
SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 63.99 FEET, TO A POINT ON TIIE FORMER EAST RIGHT
OF WAY LINE OF CSX RAILROAD, SAID POINT BEING ON A NON -TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS
OF 3707,33 FEET, A CENTRAL ANGLE OF 00°03'47" AND A CHORD DISTANCE OF 4.09 FEET WHICH BEARS SOUTH 01'43'08" EAST;
(4) THENCE SOUTHERLY, ALONG SAID WEST LINE AND THE ARC OF A CURVE, A DISTANCE OF 4,09 FEET TO A POINT ON THE
NORTH LINE OF MICHAEL BLAKE BOULEVARD, AS RECORDED IN OFFICIAL RECORDS BOOK 8943, PAGE 877, OF THE PUBLIC
RECORDS OF SEMINOLE, COUNTY, FLORIDA, SAID POINT BEING THE POINT OF CURVATURE OF A NON -TANGENT CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 151.67 FEET, A CENTRAL ANGLE OF 15-35-16", AND A CHORD DISTANCE OF
41.14 FEET, WHICH BEARS SOUTH 83°10'40" WEST; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF
41.26 FEET; THENCE CONTINUE ALONG SAID NORTHERLY RIGHT OF WAY LINE, NORTH 87'58'43" WEST, A DISTANCE OF 99.59
FEET, TO A POINT ON THE EAST RIGHT OF WAY LINE, 30.00 FEET IN WIDTH, D.R. MITCIIELL'S SURVEY OF THE LEVY GRANT,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT HOOK 1, PAGE 5, OF THE PU13LIC: RECORDS OF' SEMINOLE
COUNTY, FLORIDA, SAID POINT BEING THE POINT OF BEGINNING: THENCE, ALONG SAID EAST LINE, SOUTH 02°39'13" WEST,
A DISTANCE OF 12.36 FEET; THENCE DEPARTING SAID EAST LINE, NORTH 87117'27" WEST, A DISTANCE OF 30.00 FEET, TO
SOUTHWEST CORNER OF THE AFORESAID RIGHT OF WAY, 30.00 FEET IN WIDTH; THENCE DEPARTING SAID SOUTHWEST
CORNER, NORTH 02°39'13" EAST, A DISTANCE OF 472.30 FEET ALONG THE WEST LINE OF THE AFORESAID RIGHT OF WAY,
30.00 FEET IN WIDTH, To THE SOUTH LINE OF SAID RIGHT OF WAY: THENCE NORTH 87°59'01" WEST. A DISTANCE OF 265.97
FEET, ALONG SAID SOUTH RIGHT OF WAY LINE., TO A POINT ON THE EAST RIGHT OF WAY LINE OF GOLDENROD
ROAD(TUSKAWILLA ROAD); THENCE NORTH 19'56'30" EAST ALONG SAID EAST RIGHT OF WAY LINE OF GOLDENROD
ROAD(T'USKAWILLA ROAD), A DISTANCE OF 15.76 FEET, TO A POINT ON THE CENTERLINE OF SAID RIGHT OF WAY, 30.00 FEET
IN WIDTH; TIIENCE DEPARTING SAID EAST RIGIIT OF WAY LINE OF GOLDENROD ROAD(TUSKAWILLA ROAD) SOUTI 187'59*0 1 "
EAST, A DISTANCE OF 269.38 FEET; ; THENCE NORTH 02'00'59" EAST, A DISTANCE OF 15.00 FEET TO A POINT ON THE NORTH
LINE OF SAID RIGHT OF WAY, 30.00 FEET IN WIDTH, AND THE SOUTHEAST CORNER OF THE LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 8150, PAGE 1049; THENCE SOUTH 87°59'01" EAST, A DISTANCE OF 22.07 FEET TO TIIE NORTHEAST CORNER OF
SAID RIGHT OF WAY, 30.00 FEET IN WIDTH; THENCE SOUTH 02°39'13" WEST ALONG THE EAST LINE OF SAID RIGHT OF WAY,
30.00 FEET IN WIDTH, A DISTANCE OF 490.30 FEET, TO THE POINT OF BEGINNING,
CONTAINING 18,909 SQUARE. FEFT OR 0.434 ACRES.
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REVISION HISTORY
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Date:2025.02.17
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LONGWOOD, FLORIDA 32779
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PHONE (407) 862-4200
MICHAEL W. $WTR0, PSM #4458
FAX, (407) 862-6229
FOR THE FIRM OF
REPUBLIC NATIONAL 0 63W
Resolution No. 2025-07
City of Winter Springs
Page 4 of 5
Book 10857 Page 406
Instrument# 2025066557
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Resolution No. 2025-07
City of Winter Springs
Page 5 of 5