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Home My WebLink AboutResolution 2026-01 Lot Split of 1447 Bird RoadGrant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst #2026017217 Book:10986 Page:1577-1587; (11 PAGES) RCD: 2/20/2026 3:59:32 PM REC FEE $95.00 RESOLUTION NO. 2026-01 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 bulls regulations, except in a platted area of a planned unit development, to divide an originally platted single lot; and WHEREAS, section 9-I1 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. I 1-21-30-507-0000-0020), has been under the common ownership of the Cardona family since March 2022, and appears to have been generally used as a single parcel City of Winter Springs Resolution No. 2026-01 Page 1 of 4 Book 10986 Page 1578 Instrument# 2026017217 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 City of Winter Springs Resolution No. 2026-01 Page 2 of 4 Book 10986 Page 1579 Instrument# 2026017217 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 S. 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. City of Winter Springs Resolution No. 2026-01 Page 3 of 4 Book 10986 Page 1580 Instrument# 2026017217 ADOPTED by the City Commission of the City of Winter Springs, Florida, this 9th day of February, 2026. /011 KEVIN MCCANN, Mayor ATTEST (City Seal): xo� /-� —�4 CHRNhAN GOWAN, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHON . GARGANESE, City Attorney City of Winter Springs Resolution No. 2026-01 Page 4 of 4 'xnter S p.�. o O oral �N c ro 195 9 c� �o °/e C oun�`l.. Book 10986 Page 1581 Instrument# 2026017217 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: Book 10986 Page 1582 Instrument# 2026017217 END T-11 TM DEPCTION AND LEGAL DESCRIPTION OF RESULTING LOTS Legal Description: LOT t LOT 2. TALI'S CROSSING. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 75, PAGE(S) 10 AND 11 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA- LESS AND EXCEPT: 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 EAST283.5 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 POINTOF BEGINNING. LOT 2 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 EAST283.5 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 B4 DEGREES 26 MINUTES 51 SECONDS WEST 264.00 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, FLORIOA. Depiction: B NOARYLSWRAYEONPROPOSEOIOISPLII NlY�"L V 7 Digitally signedSEMINOU T by Phillip — -- Robinson Jr Date:2024.09.03 09:16:43 -04'00'••�•., — �=�Va =__ — _ � MtdI Vlf tA; 1IE dFDOFJAJP ANDI,MANPALMA IT LOT 2 Noxs wuu ��"`-,----,� �v wnoiinmr°.iivAo"av"iwn rironiuio MEAD,° dwacovTMiavnrir nr ssar.s. o.m iiraMnwta s.�a+wcs. wuwa a y� (s'fi,--� �"---N 3'T'r N$O. ^�✓ AY9-WV ryj --------------- - 4ti •®.•• %w - IE �xGSW,[ �`S»>l�dlMl.W'x:.�,N �� g� ° N nQ�� WP�<Y.+iL ��is} �•�' ? : j}}•; �� Robinson sun'e}ring=.. DUL.oW4tl N.Utl [AUNtt y mitti S Book 10986 Page 1583 Instrument# 2026017217 10,14,01115, CROSS ACCESS EASEMENT Book 10986 Page 1584 Instrument# 2026017217 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 TALPS 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. Book 10986 Page 1585 Instrument# 2026017217 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. Book 10986 Page 1586 Instrument# 2026017217 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• t- Owner of Lot 1 Book 10986 Page 1587 Instrument# 2026017217 9 'Ia f �!�f i�l` ii if ilili 6 y f §4 s2e U 3a;3 I i € i ii �iillilil � �2�� € ��:�y��s��y3�8mill s €e'•i „d55S§..s ss� •°3.>== s��=2e?:?�; z 0 a C)z Uz LUD w0 o u W �0J a= aW5i N CO CO Z7 0 0 Ln T p N 4-N d^ _C O Q O �,O .ay Q e 2 Z�Z< tiA raja- io l-H s� 0 Q vi+5.�F E o. U N 1 5 Wf-K7z = w2 Q sa ��a r�o� xO z O (� rs L C cn 034 a 3 -_ G t4 h. llw,Xm O O p U W O w z$ o O Z O > c C Z Q O w<?x Q Z > Z d U N\ O QO a?k G SC O QV-Wh Z N ,- -�� W U d �x^ z 3$ 2 KUVZN O Q 0 }7WLLN =Z