HomeMy WebLinkAboutResolution 2007-12 Robert's Family Lane
RESOLUTION NO. 2007-12
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, FLORIDA, DETERMINING THE NECESSITY AND PUBLIC
PURPOSE FOR THE ROBERT'S FAMILY LANE ROAD IMPROVEMENT
PROJECT, DETERMINING THE NECESSITY AND PUBLIC PURPOSE
FOR ACQUIRING BY EMINENT DOMAIN FEE SIMPLE OWNERSHIP OF
DESIGNATED REAL PROPERTY LOCATED IN THE CITY OF WINTER
SPRINGS, FLORIDA, AND AUTHORIZING ATTORNEYS TO INITIATE
EMINENT DOMAIN PROCEEDINGS TO ACQUIRE DESIGNATED
PARCELS, AND PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERABILITY, AND AN IMMEDIATE EFFECTIVE
DATE.
WHEREAS, Florida Constitution permits the acquisition of private property for a public
purpose upon payment of full compensation; and
WHEREAS, the City of Winter Springs, Florida ("City") has the right and power of eminent
domain to acquire property for purposes of streets, lanes, alleys, and ways, and for existing,
proposed, or anticipated transportation facilities, pursuant to section 166.401, 166.411, and 337.27,
Florida Statutes;
WHEREAS, the City is currently involved in constructing and permitting the Winter Springs
Town Center in accordance with the goals, policies and objectives stated in the City's
Comprehensive Plan and City Code; and
WHEREAS, the Winter Springs' Town Center is a major development project that consists
of hundreds of acres of land located approximately within the center of the City and said Town
Center is of substantial public importance to the City and its citizens; and
WHEREAS, as part of the network of public streets and alleyways within the Winter
Springs' Town Center, the City seeks to acquire property for roadway improvements, and
transportation-related purposes. The project subject to this Resolution is generally referred to as
"Robert's Family Lane Road Improvement Project"; and
WHEREAS, the City needs this Project to provide connectivity of roadways and to handle
anticipated traffic; and
WHEREAS, the City has considered availability of alternatives, costs, environmental
factors, long-range planning, safety, and other factors, and seeks to acquire fee simple interests in
the following property located in Winter Springs, Seminole County, Florida and more fully identified
and described as:
Parcel:
Legal description and sketch of description attached hereto as Exhibit A
WHEREAS, the City has surveyed and located the line or area of construction of the
proposed project and proposed construction plans have been prepared showing the plans for the
property sought to be acquired and the boundaries of the project and the parcel(s) to be acquired; and
WHEREAS, acquisition of the property referenced herein is necessary to complete the
project and is for a public purpose; 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 RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
fully incorporated by this reference.
Section 2. Declaration of Necessity and Public Purpose. The City Commission hereby
declares the Robert's Family Lane Road Improvement Project is necessary and for a valid public
purpose, and the property identified above is necessary to accomplish the project. The acquisition
of the property and property rights described herein is necessary to the extent ofthe estate or interest
as set forth above for the performance of the duties of the City and for the construction,
reconstruction and maintenance of the transportation facilities described in the construction plans.
Section 3. Authorization to Initiate Action. The City is hereby authorized to acquire
the properties and property rights described herein by gift, purchase, or condemnation/eminent
domain. The City and its employees, managers, staff, attorneys, and other agents of the City are
hereby authorized to do all acts and things required of them by this Resolution, or desirable or
consistent with the requirements of the Resolution, for the full, punctual, and complete performance
of all the terms contained herein and authorized by law, and each employee, manager, staff member,
attorney, and agent of the City is hereby authorized and directed to execute and deliver any and all
papers and instruments, and to be and cause to be done any and all acts and things necessary or
proper for carrying out the transactions contemplated hereunder.
Section 4. Authorization for Attorneys. In addition to the authorization provided in
Section 3, the City Commission also hereby specifically authorizes its attorneys to initiate and pursue
to final judgment eminent domain proceedings to acquire title to the property described herein, and
to take any other necessary and lawful action including, but not limited to retaining and consulting
experts, to initiate eminent domain proceedings, and any other actions associated with or arising out
of such eminent domain or related proceedings. The attorneys are further authorized to accomplish
the acquisition of said property by settlement and compromise if same can be effected in accordance
with the terms, conditions, and limitations established from time to time by the City Commission.
City of Winter Springs
Resolution 2007-12
Page 2 of3
Section 5. Severability and Invalid Provisions. If any section, subsection, sentence,
clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining portion hereto.
Section 6. 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 7. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs.
DONE AND ADOPTED at a regular me .
ATTEST:
legal form and sufficiency for
ter Springs only:
Anthony A. Garganese, City Attorney
City of Winter Springs
Resolution 2007-12
Page 3 of3
EXHIBIT
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POINT OF BEGINNING
Northeast corner of Jesup's)
Reserve Townhomes plat
Plat Book 69, Pages 4-11
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Inn lsbrook Lone
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Abbey Glen Lone
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Easterly line of
Jesup's Reserve
Townhomes
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Surveyor's Report
1. THIS IS NOT A SURVEY.
state Road 434
Right of Way width varies
N 38'56'10" W
11.31'
R = 31.50'
o = 47'57'56"
L = 26.37'
CB = S 68'03'54" W
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R = 63.50'
D = 16'36'41"
L "" 18.4"
CB "" N 59'33'21" E
Sketch and Description
A portion of Block "B" of D.R. MITCHELL'S SURVEY OF THE
LEVY GRANT ON LAKE JESSUP, according to the plat
thereof os recorded in Plot Book 1, Page 5 of the Public
Records of Seminole County, Florida, being more
particularly described as follows:
BEGIN at the Northeast corner of JESUP'S RESERVE
TOWNHOMES according to the plot thereof os recorded in
Plot Book 69, Pages 4 through 11, Public Records of
Seminole County, Florida; thence South 51'15'00" West.
along the Easterly line of said JESUP'S RESERVE
TOWNHOMES for a distance of 582.28 feet; thence North
67'51'41" East for a distance of 37.95 feet to a point of
curvature of a curve concave Northwesterly, having a
radius of 63.50 feet and a delta angle of 16'36'41";
thence run Northerly along the arc of said curve a
distance of 18.41 feet to the point of tangency. thence
North 51'15'00 East, for a distance of 426.93 feet; thence
North 44'04'56" East for a distance of 76.95 feet to a
point of curvature of a curve concave Southeasterly,
having a radius of 31.50 feet and a delta angle of
47'57'56"; thence run Northerly along the arc of said
curve a distance of 26.37 feet to 0 point on the South
right of way line of State Road No. 434; thence run North
38'56'10" West along said South right of way line, for 0
distance of 11.31 feet to the POINT OF BEGINNING.
Contains 6993.5 square feet or 0.161 acres, more or less.
Legend
. - denotes Change in Direction
R/W - denotes right of way
R - denotes radius
D - denotes central angle
L - denotes length
CB - denotes chord bearing
2. Bearings shown hereon are based on the easterly line of Jesup's Reserve Townhomes according to the plat thereof as
recorded in Plat Book 69, Pages 4 thraugh 11, public records of Seminole County, Florida, bearing South 51'15'00" West
per said plot.
3. This sketch is not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper.
~ Benchmark Surveying & Mapping Consultants, Inc,
V Certificate of AuthorIzation Number - LB 6796
Post Office Box 771065. Winter Garden, Florida 34777-1065
557 West Plant Street, Winter Garden, Florida 34787
(407) 654-6183 Fax (407) 654-6184
56002 CURB
RW OFFSITE
Project /I
01/29/07
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Prepared By:
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