HomeMy WebLinkAboutResolution 2025-13 Division of Platted Lot into Two Parcels (340 Shore Road - Atcher's Place Subdivision) UnrecordedRESOLUTION NO. 2025-13
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; PROVIDING FOR THE DIVISION OF ONE
ORIGINALLY PLATTED LOT OWNED BY TIMOTHY X.
TOOHEY AND JENNIFER P. TOOHEY, LOCATED AT 340
SHORE ROAD, WINTER SPRINGS, FLORIDA 32708
(EXISTING PARCEL ID. 02-21-30-511-0000-0020) INTO
TWO (2) RESULTING LOTS OF RECORD; 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 9-3 of the City Code allows an owner of a single lot of sufficient size
that satisfies zoning bulk regulations, except in a platted area of a planned unit development, to
divide an originally platted single lot; and
WHEREAS, section 9-11 of the City Code authorizes the City Commission to approve
such division, generally referred to as a "lot split," by resolution, and sets forth the prerequisites
and application process for lot splits; and
WHEREAS, Timothy X. Toohey and Jennifer P. Toohey (hereinafter "Owners") are the
fee simple owners of certain real property located at 340 Shore Road in Winter Springs, Florida
32708, more particularly legally described in Exhibit A, attached hereto and fully incorporated
herein by this reference, (hereinafter the "Affected Property"); and
WHEREAS, Owners have petitioned the City, pursuant to section 9-11 of the City Code,
to divide said Affected Property and to create two (2) resulting separate lots; and
WHEREAS, said resulting lots are more particularly depicted and legally described
herein; and
WHEREAS, the Affected Property consists of one platted lot, which has historically been
utilized for a single-family dwelling; and
WHEREAS, the Affected Property has been assigned a single tax parcel identification
number (Tax Parcel Id. 02-21-30-511-0000-0020), has been under the common ownership of the
Toohey family since June 2015, and appears to have been generally used as a single parcel during
such time; and
City of Winter Springs
Resolution No. 2025-13
Page I of 10
WHEREAS, the Owners propose to divide the existing Lot 2 of the Atcher's Place
subdivision, as recorded in Plat Book 68, Page 27, Official Records of Seminole County, Florida,
to create two resulting lots; and
WHEREAS, the City Commission finds that Owners have satisfied all the requirements
for lot splits set forth in section 9-11 of the City Code and that the Owners' proposal reduces
existing nonconformities on the Affected Property; 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, 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 conditions stated below, the City Commission hereby approves,
pursuant to section 9-11 of the City Code, the division of Lot 2 of the Atcher's
Place subdivision, as recorded in Plat Book 68, Page 27, located at 340 Shore Road,
(Parcel number 02-21-30-511-0000-0020), into two (2) separate Resulting Lots
(Lots 2A and 2B). Said separate lots are more particularly depicted and legally
described in Exhibit B, attached hereto and fully incorporated herein by this
reference.
(b) Conditions of Approval. The conditions of approval for such lot split are as
follows:
Owners further agree to not sell, convey, or assign any interest in either
Resulting Lot, which would cause the loss of unity of ownership or title of each
Resulting Lot, without first obtaining the written consent of the City of Winter
Springs. Nothing herein is intended to prohibit or restrict the Owners from
selling, conveying or assigning each Resulting Lot as a unified parcel of land
or encumbering each Resulting Lot with easements or other interests in land
that do not cause loss of unity of ownership of title. Owners, as a condition of
the approval of this Resolution, agree and consent that this requirement shall be
binding upon the heirs, personal representatives, successors and assigns of the
Owners and shall run with the Affected Property; and
City of Winter Springs
Resolution No. 2025-13
Page 2 of 10
2. Owners shall, prior to recordation of this Resolution, provide the City with a
written, executed, partial release of the mortgage affecting the Affected
Property, as recorded at Seminole County Official Records Book 10289 Page
988, releasing such mortgage as to Lot 2B. The partial release shall be
recorded simultaneously with this Resolution.
Owners shall, prior to recordation of this Resolution, provide the City with a
written, executed, partial release of the Notice of Commencement affecting the
Affected Property, as recorded at Seminole County Official Records Book
9691, Page 1, releasing such Notice of Commencement as to Lot 2B. The
partial release of the Notice of Commencement shall be recorded
simultaneously with this Resolution.
(c) Upon recordation of this Resolution in the Official Public Records of Seminole
County, Florida, said two (2) Resulting Lots, which shall consist of the split
portions of Lot 2 (Resulting Lots 2A and 2B), 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 at such time as the conditions of approval herein have been satisfied. At such
time, 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 Affected Property until recorded by the City in accordance with the
requirements of this Resolution.
ADOPTED by the City Commission of the City of Winter Springs, Florida, this
day of S , 2025.
City of Winter Springs
Resolution No. 2025-13
Page 3 of 10
Kevin McCann, Mayor
ATTEST (City Seal):
&"' , -,, , -/j , 2 d---
Christian Gowan, City Clerk
Approved as to legal form and sufficiency for
the City of Wint Springs only:
ANT ONY A. CARGANESE, City Attorney
City of Winter Springs
Resolution No. 2025-13
Page 4 of 90
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EXHIBIT A
AFFECTED PROPERTY
Lot 2, Atcher's Place, according to the map or plat thereof, as recorded in Plat Book 68, Page 27,
of the Public Records of Seminole County, Florida.
City of Winter Springs
Resolution No. 2025-13
Page 5 of 10
Exhibit A — Affected Property
SITE PLAN
FOR
QE d/iil( oll TIMOW TOOHEY
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REi.t t?n4 OP ! 1PANCLE CCUHTY, FLCAIDA
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City of Winter Springs
Resolution No. 2025-13
Page 6 of 10
EXHIBIT B
DEPCTION AND LEGAL DESCRIPTION OF RESULTING LOTS
OT 2A - DESCRIPTION
A PORTION OF LOT 2, ATCHERS PLACE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 68, PAGE 27, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE, ALONG THE NORTH RIGHT—OF—WAY
LINE OF BAHAMA ROAD, S89'54'51 "W, A DISTANCE OF 174.65 FEET TO A POINT ON THE WEST
LINE OF SAID LOT 2; THENCE, DEPARTING SAID NORTH RIGHT—OF—WAY LINE, N00'57'17"W, A
DISTANCE OF 223.16 FEET; THENCE, N89'02'13"E, A DISTANCE OF 174.63 FEET TO A POINT ON
THE WEST RIGHT —OF ---WAY LINE OF SHORE ROAD; THENCE, ALONG SAID WEST RIGHT -OF --WAY LINE,
S00'57'17"E, A DISTANCE OF 225.82 FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING APPROXIMATELY 39,203 SQUARE FEET, MORE OR LESS.
City of Winter Springs
Resolution No. 2025-13
Page 7 of 10
LOT 2A - DEPICTION
SKETCH OF DESCRIPTION
(THIS IS NOT A SURVEY)
LOT i
Nfirml (1WA?*D RAWAWS SFC. 5
PAT 12,
P1Ui to-0
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{NW INCLUXO)
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City of Winter Springs
Resolution No. 2025-13
Page 8 of 10
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LOT 2B - DESCRIPTION
A PORTION OF LOT 2, ATCHERS PLACE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 68, PAGE 27, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE, ALONG THE WEST
RIGHT—OF—WAY LINE OF SHORE ROAD, N00'57'17"W, A DISTANCE OF 225.82 FEW TO THE POINT
OF BEGINNING; THENCE, DEPARTING SAID WEST RIGHT—OF—WAY LINE, S89'02'13"W, A DISTANCE OF
174,63 FEET TO A POINT ON THE WEST LINE OF SAID LOT 2; THENCE, ALONG SAID WEST LOT
LINE, N00'57'17"W, A DISTANCE OF 274.46 FEET TO A POINT ON THE NORTH LINE OF SAID LOT
2; THENCE, N89'04'45"E, A DISTANCE OF 174.63 FEET TO A POINT ON SAID WEST RIGHT—OF—WAY
LINE; THENCE, ALONG SAID WEST RIGHT —OF --WAY LINE, S00'57' 17"E, A DISTANCE OF 274.34 FEET
TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING APPROXIMATELY 47,918 SQUARE FEET, MORE OR LESS.
City of Winter Springs
Resolution No. 2025-13
Page 9 of 10
LOT 2B - DEPICTION
SKETCH OF DESCRIPTION
(THIS IS NOT A SURVEY)
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City of Winter Springs
Resolution No. 2025-13
Page 10 of 10
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SHEET 2 OF 2
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