HomeMy WebLinkAbout2026 01 12 Public Hearing 402 - Adoption of Resolution 2026-01: 1447 Bird Road Lot Split (Postpone to February 9, 2026 Meeting)PUBLIC HEARINGS AGENDA ITEM 402
CITY COMMISSION AGENDA | JANUARY 12, 2026 REGULAR MEETING
TITLE
Adoption of Resolution 2026-01: 1447 Bird Road Lot Split
SUMMARY
The Community Development Department requests that the City Commission review
Resolution 2026-01, providing for the division of one originally platted lot owned by
Damian Cardona and Kristin Cardona, located at 1447 Bird Road, Winter Springs,
Florida 32708 (existing Parcel ID. 11-21-30-507-0000-0020) into two (2) resulting lots of
record. Approval of Resolution 2026-01 will be subject to the conditions stated in the
Resolution including the requirement for a Cross Access Easement to ensure access to
Bird Road from the rear resulting lot.
FUNDING SOURCE
RECOMMENDATION
The Community Development Department recommends the City Commission approve
adoption of Resolution 2026-01 providing for the division of 1447 Bird Road.
264
TITLE
Adoption of Resolution 2026-01: 1447 Bird Road Lot Split.
SUMMARY
The Community Development Department requests that the City Commission
review Resolution 2026-01, providing for the division of one originally platted lot
owned by Damian Cardona and Kristin Cardona, located at 1447 Bird Road, Winter
Springs, Florida 32708 (existing Parcel ID. 11-21-30-507-0000-0020) into two (2)
resulting lots of record. Approval of Resolution 2026-01 will be subject to the
conditions stated in the Resolution including the requirement for a Cross Access
Easement to ensure access to Bird Road from the rear resulting lot.
General Information
Applicant Damian Cardona, Kristin Cardona
Property Owner(s) Damian Cardona, Kristin Cardona
Location 1447 Bird Road, Winter Springs, FL 32708
Tract Size ±2 Acres
Parcel ID Number 11-21-30-507-0000-0020
Zoning
Designation
R-CI (Single-Family Dwelling District)
FLUM Designation RR (Residential Rural): Up to 1.0 dwelling unit/gross acre
Adjacent Land Use North: Vacant
East: SFR
South: SFR
West: Vacant
Minimum Lot Area 43, 560 sq. ft. (1 acre)
Minimum Lot
Width/Depth
120 ft.
Setbacks Front: 50 ft.
minimum;
Front / Corner
Lots: 50 ft.
minimum per
side
Rear: 35 ft.
minimum
Side: 20 ft.
minimum
CONSENT AGENDA ITEM
CITY COMMISSION
MONDAY, JANUARY 12, 2026
REGULAR MEETING
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CONSENT AGENDA ITEM | MONDAY, JANUARY 12, 2026 , | PAGE 2 OF 6
Development
Standards
Lot Coverage 20%
Minimum FAR is 1,600 sq. ft.
Development
Permits
2022-00003377 (Building Residential New)
RESD-2024-2346 (Pool Installation)
RESD-2024-2505 (Fence Installation)
Code Enforcement Not applicable
City Liens Not applicable
Background Data:
The subject site is a 2.00-acre conforming lot of record located in the Tali’s Crossing
subdivision, as recorded on the plat thereof in Seminole County Plat Book 75, Page
11 , with access to Bird Road. The Tali’s Crossing plat was approved by the City
Commission on August 25, 2008, which subdivided approximately 9.08 acres into
four lots. Each of the resulting lots in the Tali’s Crossing plat was 2 acres or more in
size. Lot 2 of the Tali’s Crossing plat, the subject of this lot split application, is 2 acres
in size. The remaining lots in Tali’s Crossing plat are 2.53 acres (Lot 1), 2.0 acres (Lot
3), and 2.55 acres (Lot 4) in size. The subject property is located within the R-CI
(Single-Family Dwelling District) zoning district with a Future Land Use (FLU)
designation of Rural Residential. The subject property is exactly double the one (1)
acre minimum lot size requirement for the R-CI zoning designation. Currently,
there is a one-story 6,000 sq. ft. single-family home under construction in the east
rear portion of the existing lot. The existing lot contains a 10 ft. wide drainage and
utility easement surrounding the property, and a 175 ft. wide Florida Power
Corporation easement within the front portion of the existing parcel.
The applicant is proposing to split the existing lot (Parcel ID. 11-21-30-507-0000-
0020) into two (2) resulting one-acre lots of record. Each resulting lot of record
would meet the minimum lot size (1 acre) and dimensional requirements (120 feet
in width at the building line) of the R-CI zoning district and would also comply with
maximum density requirements of 1.0 dwelling units per acre in the Rural
Residential FLU. One of the proposed new lots will be vacant and will contain
4,389.74 square footage of buildable area. The new vacant lot will also contain a 15
ft. cross-access easement to provide the easternmost new lot with access to Bird
Road.
The City Commission previously held a meeting on Monday, December 8, 2025, at
6:30 p.m. and removed this item from the agenda to consider new information. The
City Commission shall, at its January 12, 2026, meeting make a final decision on the
application, to approve, approve with conditions, or deny the lot split application
for the subject property.
Public Notices:
Notices were mailed to all owners of real property adjacent to and within
approximately five hundred (500) feet of the subject property, and to all
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CONSENT AGENDA ITEM | MONDAY, JANUARY 12, 2026 , | PAGE 3 OF 6
Homeowner’s Associations on file with the City of Winter Springs on December 9,
2025.
Lot Splits:
Section 9-11 of the City of Winter Springs Code of Ordinances sets forth standards
and guidelines for processing lot split applications. Staff have utilized the criteria
set forth in Section 9-11 to process this application and make the recommendations
provided herein.
The City Commission may, by resolution at a public hearing, grant waivers from the
platting requirements of the City’s Land Development Code for divisions of land
that constitute a “lot split.” A “lot split” is a division of a lot or tract of land that will
result in the creation of exactly one (1) additional lot of record. The following
conditions must be met for a division of land to be considered a lot split: (1) the lot
or tract of land to be split is a previously platted lot or legal description of record; (2)
each lot or tract of land created hereunder shall abut a public or approved private
street, unless perpetual cross-access easements already exist on the lot to be split
or are determined not to be necessary, or, if necessary, are provided by separate
instrument; and (3) the lot split shall in every respect meet the criteria established
elsewhere in this chapter and the City Code and comprehensive plan for the
category of zoning and other relevant Codes under which the property is zoned.
The procedures for review and approval are set forth in Section 9-11.
Lot Split Criteria
1. The lot or tract of land to be split is a previously platted lot or legal description
of record.
Analysis: Staff finds that this condition has been satisfied. The lot proposed
to be split is located in the platted Tali’s Crossing subdivision, which is
recorded in the Official Records of Seminole County at Plat Book 75 Page 10.
The lot to be split is a conforming lot of record.
The property is located within the Tali’s Crossing subdivision. There is not a
Homeowners’ Association (or other form of Property Owner’s Association)
for this subdivision and, as such, the subject property is not subject to any
covenants, conditions, or restrictions that would restrict the lot split.
2. Each lot or tract of land created hereunder shall abut a public or approved
private street, unless perpetual cross-access easements already exist on the
lot to be split or are determined not to be necessary, or, if necessary, are
provided by separate instrument.
Analysis: Staff finds that this condition has been satisfied. The new lot
created (westernmost lot) by the split directly abuts and has access to Bird
Road. Access to Bird Road will be provided to the easternmost new lot via a
15 ft. cross-access easement, which is included as an attachment to the
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CONSENT AGENDA ITEM | MONDAY, JANUARY 12, 2026 , | PAGE 4 OF 6
proposed lot split resolution and required to be recorded as a condition of
approval.
3. The lot split shall in every respect meet the criteria established elsewhere in
this chapter and the City Code and comprehensive plan for the category of
zoning and other relevant Codes under which the property is zoned.
Analysis: Staff finds the proposal to split the existing lot (Parcel ID. 11-21-30-
507-0000-0020) into two (2) resulting lots of record meets all criteria set
forth in the Comprehensive Plan for the Rural Residential FLU and in the
zoning code for the R-CI district. Each resulting lot of record would meet the
minimum lot size (1 acre) and dimensional requirements (120 feet in width
at the building line) of the R-CI zoning district and would also comply with
maximum density requirements of 1.0 dwelling units per acre in the Rural
Residential FLU. The existing structure on the easternmost lot meets
setback requirements even once the lots have been split. The structure on
the easternmost lot also still satisfies the 20% maximum lot coverage
requirements even once the lots are split.
In addition, the City will ensure that new structures erected on the
westernmost lot will meet applicable setback requirements. The applicant
has submitted a scaled drawing of the buildable area of the westernmost
lot, showing the intended principal structure which is 4,000 square feet in
size. This size home can comfortably be constructed on the westernmost lot
while still meeting the 50-foot front setback and avoiding encroachment
upon the 175-foot utility easement that traverses the property.
With regard to compatibility with the surrounding neighborhood, including
lot size, the following should be noted:
• The proposed lot split would create two one-acre lots in Tali’s
Crossing. One-acre lots are inconsistent with the remaining lots in
the Tali’s Crossing, which are 2.53 acres, 2.0 acres, 2.55 acres in size,
respectively.
• It should be noted that there are multiple lots nearby on the southern
portion of Bird Road that are smaller or of similar size to the proposed
1.0-acre resulting lots. Lots in the Sturbridge Oaks subdivision are
approximately 0.7-acres in size. Lots in the Lake Tony Waterways
subdivision are approximately 0.3-acres in size or less. These
subdivisions have access to Bird Road south of Tali’s Crossing.
• North of the subject site, lots in the North Orlando Ranches Sec. 7
subdivision range in size from 0.5-acres to slightly over 1 acre in size.
These lots are accessible from Morton Lane, a neighborhood street
connecting to Fisher Road and Bird Road.
• Lots that are located in Dunmar Estates, which is a subdivision
located to the northeast of the subject site and accessed from
Dunmar Circle (rather than Bird Road), are much larger in size than
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CONSENT AGENDA ITEM | MONDAY, JANUARY 12, 2026 , | PAGE 5 OF 6
those in Tali’s Crossing. Dunmar Estate are a minimum of 5 acres in
size and may exceed 7 acres.
• Lots that are located off of Tusca Trail and surrounding Little Lake
Howell, which generally abut the Tali’s Crossing lots to the east, range
in size from 4 acres to over 10 acres. These properties do not access
Bird Road.
Given the facts above, staff believe that, overall, the lot split will not be
inconsistent with the character of the surrounding neighborhood or lot sizes
in the vicinity, particularly given the size of other lots along Bird Road.
However, staff do recognize that the resulting lots would not be consistent
with the remaining lots in the Tali’s Crossing plat as currently platted since
2008, nor consistent with the lots in Dunmar Estates and those on Tusca Trail
surrounding Little Lake Howell.
All parking for the split properties can be contained on-site, as is required in
the R-CI zone.
In addition to the above-referenced criteria in Section 9-11 of the City Code, Section
9-10 – General Criteria for Approval – provides that before any plat, replat, or lot split
application is approved by the City Commission, the applicant must demonstrate
and the City Commission must find that the proposed plat, replat or lot split meets
the following criteria:
(a)The application is in compliance with the provisions of this chapter and
applicable law.
(b)The application is consistent with the city's comprehensive plan and
applicable city master plans.
(c)The application is compatible and in harmony with the surrounding
neighborhood including with respect to the size of existing surrounding lots
and development trends in the neighborhood which have been previously
approved by the city commission.
(d)The application does not create any lots, tracts of land or developments
that do not conform to the City Code.
(e)The application does not create burdensome congestion on the streets
and highways.
(f)The application promotes the orderly layout and use of land.
(g)The application provides for adequate light and air.
(h)The application does not create overcrowding of land.
(i)The application does not pose any significant harm to the adequate and
economical provision of water, sewer, and other public services.
(j)The application provides for proper ingress and egress through a public or
approved private street or perpetual cross access easements.
Given the nature of the lot split to create one additional single-family lot, impacts
on roads and public services will be negligible. As described above, staff’s view is
that the proposed lot split is consistent with the city’s comprehensive plan and
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CONSENT AGENDA ITEM | MONDAY, JANUARY 12, 2026 , | PAGE 6 OF 6
zoning ordinances. Proper ingress and egress has been provided through a cross-
access easement as described above.
Additionally, relevant facts have been discussed above regarding compatibility and
harmony with the surrounding neighborhood and the size of existing surrounding
lots and development trends in the neighborhood for the City Commission’s
consideration.
Procedural History:
December 8, 2025 City Commission| Consent Agenda on Lot Split. (removed
from Consent Agenda)
January 12, 2026 City Commission | Consent Agenda on Lot Split.
Applicable Law, Public Policy, and Events:
Home Rule Powers
Code of Ordinances Sec. 9-11. - Lot splits.
Code of Ordinances Sec. 20-141 through 20-148, R-CI Single-Family Dwelling
District
City of Winter Springs Comprehensive Plan, Future Land Use Element
STAFF RECOMMENDATION
Staff recommends that the City Commission adopt Resolution 2026-01, approving
of a lot split application for the property located at 1447 Bird Road, Winter Springs,
Florida 32708, in order to divide one originally-platted lot with a Parcel ID of 11-21-
30-507-0000-002 (Lot 2 of Tali’s Crossing plat) into two (2) resulting lots of record.
Attachments:
Figure “1” – Resolution 2026-01
Figure “2” – Lot Split Application
FIGURE “3” – Tali’s Crossing Plat
Figure “4” – Proposed Lot Split
Figure “5” – Proposed New Lot
Figure “6” – Buildable Area Illustration
270
1447 Bird Road Lot Split
Resolution 2026-01
Jenale Garnett, MURP, MPA
Senior Planner
City Commission
271
Background
COMMUNITY DEVELOPMENT
Property Address: 1447 Bird Road, Winter Springs, FL 32708
(± 2 acres)
Parcel ID: 11-21-30-507-0000-002
September 6, 2024:
Lot Split Application (LSPL-2024-0001)
December 9, 2025: Public Notice Letters
Applicant: Damian Cardona, Kristin Cardona
January 12, 2026
AGENDA ITEM
402
City Commission1447 Bird Road Lot SplitResolution 2026-01272
Background
COMMUNITY DEVELOPMENTJanuary 12, 2026
AGENDA ITEM
402
City Commission1447 Bird Road Lot SplitResolution 2026-01•Located within:
- Tali’s Crossing plat approved by City Commission on August 25, 2008
- R-C1 (Single-Family Dwelling District) zoning district: 1-acre minimum lot size requirement
- RR (Rural Residential) Future Land Use: 1.0 dwelling units per gross acre
•Proposal is to split the existing lot (Parcel ID. 11-21-30-507-0000-0020) into two (2) resulting
one-acre lots of record meeting the required:
- minimum lot size of 1-acre: proposed
- minimum width/depth of 120 ft.
- 1.0 dwelling unit per gross acre
273
Background
COMMUNITY DEVELOPMENTJanuary 12, 2026
AGENDA ITEM
402
City Commission1447 Bird Road Lot SplitResolution 2026-01•Multiple lots nearby on the
southern portion of Bird Road
that are smaller or of similar size
to the proposed 1.0-acre resulting
lots. Lots in the Sturbridge Oaks
subdivision are approximately
0.7-acres in size. Lots in the Lake
Tony Waterways subdivision are
approximately 0.3-acres in size or
less. These subdivisions have
access to Bird Road south of Tali’s
Crossing.
274
Proposed Lot Split
COMMUNITY DEVELOPMENTJanuary 12, 2026
AGENDA ITEM
402
City Commission1447 Bird Road Lot SplitResolution 2026-01275
Proposed New Lot
COMMUNITY DEVELOPMENTJanuary 12, 2026
AGENDA ITEM
402
City Commission1447 Bird Road Lot SplitResolution 2026-01276
Buildable Area Illustration
COMMUNITY DEVELOPMENTJanuary 12, 2026
AGENDA ITEM
402
City Commission1447 Bird Road Lot SplitResolution 2026-01277
Staff Recommendation
COMMUNITY DEVELOPMENT
Staff recommends that the City Commission adopt Resolution 2026-01, approving of a lot split
application for the property located at 1447 Bird Road, Winter Springs, Florida 32708, in order
to divide one originally-platted lot with a Parcel ID of 11-21-30-507-0000-002 (Lot 2 of Tali’s
Crossing plat) into two (2) resulting lots of record.
AGENDA ITEM
402
City Commission
January 12, 20261447 Bird Road Lot SplitResolution 2026-01278
COMMUNITY DEVELOPMENTJanuary 12, 2026
AGENDA ITEM
402
City Commission
ANY QUESTIONS?1447 Bird Road Lot SplitResolution 2026-01279
City of Winter Springs
Resolution No. 2025-25
Page 1 of 4
RESOLUTION NO. 2025-24
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 DAMIAN
MATTEI CARDONA AND KRISTIN CARDONA, LOCATED
AT 1447 BIRD ROAD, WINTER SPRINGS, FLORIDA 32708
(EXISTING PARCEL ID. 11-21-30-507-0000-0020) 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 the owner of a single lot of sufficient
size which 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, Damian Mattei Cardona and Kristin Cardona (hereinafter “Owners”) are the
owners, as joint tenants with rights of survivorship, of certain real property located at 1447 Bird
Road in Winter Springs, Florida 32708, more particularly depicted and 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 the Affected Property 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, on which a single-family
home is currently being constructed; and
WHEREAS, the Affected Property has been assigned a single tax parcel identification
number (Tax Parcel Id. 11-21-30-507-0000-0020), has been under the common ownership of the
Cardona family since March 2022, and appears to have been generally used as a single parcel
280
City of Winter Springs
Resolution No. 2025-25
Page 2 of 4
during such time; and
WHEREAS, that certain Assignment of Deed of Trust/Mortgage, executed October 30,
2025, between Southern Trust Mortgage, LLC, and PRIMIS Bank, assigning to PRIMIS Bank the
right, title, and interest in the mortgage recorded in the Official Records of Seminole County at
Book 10289, Page 988 the Official Records of Seminole County, Florida (the “Mortgage”), was
recorded in the Official Records of Seminole County at Book 10928, Page 979; 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
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 the Affected Property,
located at 1447 Bird Road, (Parcel number 11-21-30-507-0000-0020), into two (2)
separate lots. Said separate lots are more particularly depicted in Exhibit B,
attached hereto and fully incorporated herein by this reference (each a “Resulting
Lot”).
(b) Conditions of Approval. The conditions of approval for such lot split are as
follows:
1. Owners agree that, pursuant to Section 9-11 of the City Code, no further lot
splits shall be permitted for each Resulting Lot. Any further subdivision of
each Resulting Lot shall require plat approval in accordance with the City Code.
2. The Owners shall execute and record in the Official Records of Seminole
County, Florida, a Cross Access Easement granting access to the easternmost
Resulting Lot from the Bird Road right-of-way in substantially the form
attached hereto as Exhibit C. The Cross Access Easement shall remain
effective in perpetuity unless otherwise approved by the respective Resulting
Lot owners and the City of Winter Springs in order to provide perpetual access
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City of Winter Springs
Resolution No. 2025-25
Page 3 of 4
to Bird Road.
3. Owners shall record in the Official Records of Seminole County that certain
Modification Agreement Supplement to Mortgage, dated October 2, 2025,
which is executed and revises the legal description of the property that is subject
to the Mortgage.
4. Owners shall provide the City with a written, executed, partial release of the
Notice of Commencement, which is recorded at Seminole County Official
Records Book 10571, Page 1687, affecting the Affected Property, and record
such partial release of the Notice of Commencement in the Seminole County
Official Records.
(c) Upon recordation of this Resolution in the Official Records of Seminole County,
Florida, said two (2) Resulting Lots, which shall consist of the split portions of Lot
2, 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 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 and aggregation 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.
282
City of Winter Springs
Resolution No. 2025-25
Page 4 of 4
ADOPTED by the City Commission of the City of Winter Springs, Florida, this _____
day of ________________, 2025.
________________________________
KEVIN MCCANN, Mayor
ATTEST (City Seal):
________________________________
CHRISTIAN GOWAN, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
_______________________________________
ANTHONY A. GARGANESE, City Attorney
283
EXHIBIT A
AFFECTED PROPERTY
Legal Description:
Lot 2, Tali’s Crossing, according to the map or plat thereof, as recorded in Plat Book 75, Pages
10 and 11, of the Public Records of Seminole County, Florida.
Depiction:
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EXHIBIT B
DEPCTION AND LEGAL DESCRIPTION OF RESULTING LOTS
Legal Description:
Depiction:
285
EXHIBIT C
CROSS ACCESS EASEMENT
286
CROSS-ACCESS EASEMENT AGREEMENT
THIS CROSS-ACCESS EASEMENT AGREEMENT (the “Agreement”) is made and entered into
this 8th day of January 2025 , by and between Damian Cardona , as the owner of Lot 2,
and Damian Cardona, as the owner of Lot 1 (collectively, the “Parties”).
WHEREAS, the Grantor is the owner of Lot 2, Tali’s Crossing, according to the Plat thereof, as
recorded in Plat Book 75, Page 10, of the Public Records of Seminole County, Florida (“Lot 2”);
and
WHEREAS, the Grantee is the owner of Lot 1, Tali’s Crossing, according to the Plat thereof, as
recorded in Plat Book 75, Page 10, of the Public Records of Seminole County, Florida (“Lot 1”);
and
WHEREAS, the Parties desire to establish a cross-access easement over a portion of Lot 2 for
the benefit of Lot 1 for access purposes;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein, the Parties agree as follows:
1. Grant of Easement
The Grantor hereby grants to the Grantee, its successors, assigns, tenants, invitees, and
licensees, a perpetual, non-exclusive cross-access easement over, across, and through the
following described portion of Lot 2 (the “Easement Area”):
Legal Description of Easement Area:
A PROPOSED 15 FOOT EASEMENT ACROSS A PORTION OF LOT 2, DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NW CORNER OF LOT 2 THENCE RUN SOUTH 05 DEGREES 28
MINUTES 34 SECONDS WEST A DISTANCE OF 10 FEET FOR THE POINT OF
BEGINNING. THENCE RUN SOUTH 84 DEGREES 26 MINUTES 51 SECONDS EAST,
PARALLEL WITH THE NORTH LINE OF LOT 2, A DISTANCE OF 265.10 FEET. THENCE
RUN SOUTH 00 DEGREES 49 MINUTES 05 SECONDS EAST A DISTANCE
OF 15.09 FEET. THENCE RUN NORTH 84 DEGREES 26 MINUTES 51 SECONDS WEST
A DISTANCE OF 266.76 FEET TO THE WEST LINE OF LOT 2. THENCE RUN NORTH 05
DEGREES 28 MINUTES 34 SECONDS EAST A DISTANCE OF 15.00 FEET TO THE
POINT OF BEGINNING.
ALL BEING PART OF:
LOT 2 TALI'S CROSSING, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 75, PAGE 10, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA.
This Easement Area provides access from Bird Road, a public road, across Lot 2, through the
utility easement, and into Lot 1.
287
2. Purpose
The Easement Area shall be used solely for the purpose of providing vehicular and pedestrian
access to and from Lot 1. No other use of the Easement Area shall be permitted without the
mutual written consent of the Parties.
3. Maintenance Responsibilities
•Shared Maintenance: Maintenance costs for portions of the Easement Area that serve
both Lots 1 and 2 shall be shared equally (50/50) between the owners of Lot 1 and Lot 2.
•Exclusive Maintenance: Maintenance costs for portions of the Easement Area that
benefit only one Lot shall be the sole responsibility of the benefiting Lot’s owner.
•Each Party shall be responsible for promptly addressing any maintenance or repairs
required within their respective areas of responsibility.
4. Liability
•Liability for injuries or damages occurring within the Easement Area shall be allocated as
follows:
✦If the incident occurs within a shared-maintenance area (50/50), liability shall rest with
the owner associated with the injured party unless caused by the negligence of the
other Party.
✦If the incident occurs within an exclusive-maintenance area, liability shall rest solely with
the owner responsible for that area.
5. Duration
This easement is perpetual and shall run with the land. It shall bind and benefit the Parties and
their respective heirs, successors, assigns, and any future owners of Lots 1 and 2.
6. Modification and Termination
This Agreement may only be modified or terminated by mutual written consent of the owners of
Lots 1 and 2. Such modification or termination shall be recorded in the Public Records of
Seminole County, Florida.
7. Miscellaneous
•Governing Law: This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida.
•Recording: The Grantor shall record this Agreement in the Public Records of Seminole
County, Florida.
•Entire Agreement: This Agreement constitutes the entire agreement between the Parties
regarding the Easement Area and supersedes any prior agreements or understandings.
288
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above
written.
GRANTOR:
Name: Damian Cardona
Signature: ________________________________
Owner of Lot 2
GRANTEE:
Name: Damian Cardona
Signature: ________________________________
Owner of Lot 1
289
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297
PROPERTY ADDRESS:
DATE:
CLIENT ORDER NUMBER:
CERTIFIED TO:
LEGAL DESCRIPTION:
POINTS OF INTEREST:
FLOOD INFORMATION:
JOB SPECIFIC SURVEYOR NOTES:
Robinson Surveying
140 E. Panama Road
Winter Springs, Florida 32708
407.637.5961
LB# 8260
1447 BIRD ROAD, WINTER SPRINGS, FLORIDA 32708
11/05/24
BEGIN AT THE NORTHWEST PROPERTY CORNER OF LOT 2, THENCE RUN SOUTH 05 DEGREES 28 MINUTES 34 SECONDS
WEST 149.47 FEET TO THE SOUTHWEST CORNER OF LOT 2, THENCE SOUTH 80 DEGREES 20 MINUTES 19 SECONDS EAST
283.5 FEET, THENCE NORTH 00 DEGREES 49 MINUTES 05 SECONDS WEST 170.92 FEET TO THE NORTH LINE OF LOT NORTH
LINE OF LOT 2, THENCE NORTH 84 DEGREES 26 MINUTES 51 SECONDS WEST 264.00 FEET TO THE POINT OF BEGINNING.
ALONG WITH A PROPOSED 15 FEET ACCESS EASEMENT ALONG A PORTION OF LOT 2 DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF LOT 2 THENCE RUN SOUTH 84 DEGREES 26 SECONDS 51 MINUTES EAST 264.00
FEET, THENCE RUN SOUTH 0 DEGREES 49 MINUTES 05 SECONDS EAST 15.09 FEET, THENCE RUN NORTH 84 DEGREES 26
MINUTES 51 SECONDS WEST 265.66 FEET TO THE EASTERN RIGHT OF WAY OF BIRD ROAD, THENCE RUN ALONG THE RIGHT
OF WAY OF BIRD ROAD NORTH 05 DEGREES 28 MINUTES 34 SECONDS EAST 15.00 FEET TO THE POINT OF BEGINNING.
ALL BEING PART OF LOT 2 TALI'S CROSSING, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 75, PAGE
10, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
DAMIAN MATTIE CARDONA JR. AND MARIAN PALMA
CARDONA
BY PERFORMING A SEARCH WITH THE LOCAL GOVERNING
MUNICIPALITY OR WWW.FEMA.GOV, THE PROPERTY APPEARS TO
BE LOCATED IN ZONE X. THIS PROPERTY WAS FOUND IN CITY
OF WINTER SPRINGS, COMMUNITY NUMBER 120295, DATED
9/28/2007.
1. The Legal Description used to perform this survey was supplied by others. This survey does not determine or imply ownership.
2. This survey only shows improvements found above ground. Underground footings, utilities and encroachments are not located on this survey map.
3. If there is a septic tank, or drain field shown on this survey, the location is approximate as the location was either shown to Robinson Surveying by a third party or it was estimated by metal detection, probing rods, and visual above ground inspection only. No excavation was performed in order to determine the exact and accurate location.
4. This survey is exclusively for the use of the parties to whom it is certified.
5. Additions or deletions to this survey map and report by other than the signing party or parties is prohibited without written consent of the signing party or parties.
6. Dimensions are in feet and decimals thereof.
7. Due to varying construction standards, house dimensions are approximate.
8. Any FEMA flood zone data contained on this survey is for informational purposes only. Research to obtain such data was performed at www.fema.gov.
9. All corners marked as set are at a minimum a ½”diameter, 18” iron rebar with a cap stamped LB#8260.
10. If you are reading this survey in an electronic format, the information contained on this document is only valid if this document is electronically signed as specified in Chapter 5J-17.062 (3) of the Florida Administrative Code and Florida Statute 472.025. The Electronic Signature File related to this document is prominently displayed on the invoice for this survey which is sent under separate cover. Manually signed and sealed logs of all survey signatures are kept in the office of the performing surveyor. If this document is in paper format, it is not valid without the signature and original raised seal of a Florida Licensed Surveyor.
11. Unless otherwise noted, an examination of the abstract of title was NOT performed by the signing surveyor to determine which instruments, if any, are affecting this property.
12. The symbols reflected in the legend and on this survey may have been enlarged or reduced for clarity. The symbols have been plotted at the center of the field location, and may not represent the actual shape or size of the feature.
13. Points of Interest (POI’s) are selected above-ground improvements which may be in contact with boundary, building setback or easement lines, as defined by the parameters of this survey. There may be additional POI’s which are not shown, not called-out as POI’s, or which are otherwise unknown to the surveyor. These POI’s may not represent all items of interest to the viewer.
14. Utilities shown on the subject property may or may not indicate the existence of recorded or unrecorded utility easements.
15. The information contained on this survey has been performed exclusively, and is the sole responsibility, of Robinson Surveying. Additional logo or references to third parties are for informational purposes only.
16. Pursuant to F.S. 558.0035, an individual employee or agent may not be held individually liable for negligence.
17. House measurements should not be used for new construction or planning. Measurements should be verified prior to such activity
THE PURPOSE OF THIS SURVEY IS FOR A PRPOSED LOT SPLIT.
Digitally
signed by
Phillip
Robinson Jr
Date:
2024.12.26
16:47:49 -05'00'
298
PROPERTY ADDRESS:
DATE:
CLIENT ORDER NUMBER:
CERTIFIED TO:
LEGAL DESCRIPTION:
POINTS OF INTEREST:
FLOOD INFORMATION:
JOB SPECIFIC SURVEYOR NOTES:
Robinson Surveying
140 E. Panama Road
Winter Springs, Florida 32708
407.637.5961
LB# 8260
1447 BIRD ROAD, WINTER SPRINGS, FLORIDA 32708
12/26/24
A PROPOSED 15 FOOT EASEMENT ACROSS A PORTION OF LOT 2, DESCRIBED AS FOLLOWS:
COMMENCE AT THE NW CORNER OF LOT 2 THENCE RUN SOUTH 05 DEGREES 28 MINUTES 34 SECONDS WEST A DISTANCE OF 10
FEET FOR THE POINT OF BEGINNING. THENCE RUN SOUTH 84 DEGREES 26 MINUTES 51 SECONDS EAST, PARALLEL WITH THE
NORTH LINE OF LOT 2, A DISTANCE OF 265.10 FEET. THENCE RUN SOUTH 00 DEGREES 49 MINUTES 05 SECONDS EAST A DISTANCE
OF 15.09 FEET. THENCE RUN NORTH 84 DEGREES 26 MINUTES 51 SECONDS WEST A DISTANCE OF 266.76 FEET TO THE WEST LINE OF
LOT 2. THENCE RUN NORTH 05 DEGREES 28 MINUTES 34 SECONDS EAST A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING.
ALL BEING PART OF:
LOT 2 TALI'S CROSSING, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 75, PAGE 10, OF THE PUBLIC RECORDS
OF SEMINOLE COUNTY, FLORIDA.
DAMIAN MATTIE CARDONA JR. AND MARIAN PALMA
CARDONA
BY PERFORMING A SEARCH WITH THE LOCAL GOVERNING
MUNICIPALITY OR WWW.FEMA.GOV, THE PROPERTY APPEARS TO
BE LOCATED IN ZONE X. THIS PROPERTY WAS FOUND IN CITY
OF WINTER SPRINGS, COMMUNITY NUMBER 120295, DATED
9/28/2007.
1. The Legal Description used to perform this survey was supplied by others. This survey does not determine or imply ownership.
2. This survey only shows improvements found above ground. Underground footings, utilities and encroachments are not located on this survey map.
3. If there is a septic tank, or drain field shown on this survey, the location is approximate as the location was either shown to Robinson Surveying by a third party or it was estimated by metal detection, probing rods, and visual above ground inspection only. No excavation was performed in order to determine the exact and accurate location.
4. This survey is exclusively for the use of the parties to whom it is certified.
5. Additions or deletions to this survey map and report by other than the signing party or parties is prohibited without written consent of the signing party or parties.
6. Dimensions are in feet and decimals thereof.
7. Due to varying construction standards, house dimensions are approximate.
8. Any FEMA flood zone data contained on this survey is for informational purposes only. Research to obtain such data was performed at www.fema.gov.
9. All corners marked as set are at a minimum a ½”diameter, 18” iron rebar with a cap stamped LB#8260.
10. If you are reading this survey in an electronic format, the information contained on this document is only valid if this document is electronically signed as specified in Chapter 5J-17.062 (3) of the Florida Administrative Code and Florida Statute 472.025. The Electronic Signature File related to this document is prominently displayed on the invoice for this survey which is sent under separate cover. Manually signed and sealed logs of all survey signatures are kept in the office of the performing surveyor. If this document is in paper format, it is not valid without the signature and original raised seal of a Florida Licensed Surveyor.
11. Unless otherwise noted, an examination of the abstract of title was NOT performed by the signing surveyor to determine which instruments, if any, are affecting this property.
12. The symbols reflected in the legend and on this survey may have been enlarged or reduced for clarity. The symbols have been plotted at the center of the field location, and may not represent the actual shape or size of the feature.
13. Points of Interest (POI’s) are selected above-ground improvements which may be in contact with boundary, building setback or easement lines, as defined by the parameters of this survey. There may be additional POI’s which are not shown, not called-out as POI’s, or which are otherwise unknown to the surveyor. These POI’s may not represent all items of interest to the viewer.
14. Utilities shown on the subject property may or may not indicate the existence of recorded or unrecorded utility easements.
15. The information contained on this survey has been performed exclusively, and is the sole responsibility, of Robinson Surveying. Additional logo or references to third parties are for informational purposes only.
16. Pursuant to F.S. 558.0035, an individual employee or agent may not be held individually liable for negligence.
17. House measurements should not be used for new construction or planning. Measurements should be verified prior to such activity
THIS IS A SKETCH OF DESCRIPTION FOR AN ACCESS EASEMENT
ONLY.
Digitally
signed by
Phillip
Robinson Jr
Date:
2024.12.26
16:47:49 -05'00'
299
4,389.74 SQ. FT.
BUILDABLE AREA
109.47’ Required R-C1 Standards
Minimum Lot Area = 1-acre
Minimum Lot Width/Depth = 120’
Minimum Required Setbacks
Front Yard = 50’
Rear Yard = 35’
Side Yard = 20’
300