HomeMy WebLinkAboutResolution 2003-17 Vacation/Drainage Easement
RESOLUTION NO. 2003-17
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, RELATING TO
THE PARTIAL VACATION OF A DRAINAGE EASEMENT;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the Declaration of Covenants, Conditions, Easements and Restrictions of Seville
Chase, recorded in Book 3124, Page 0839, of the Public Records of Seminole County, created and
dedicated a twenty (20) foot drainage easement, as set forth in Plat Book 51, Page 1, of the Public
Records of Seminole County, for the benefit of the City of Winter Springs and the Seville Chase
Home Owners Association; and
WHEREAS, the City and Seville Chase Home Owners Association have been asked to vacate
a small portion of said drainage easement due to the unintended encroachment of screened pool
enclosure located at 703 Palenci Court; and
WHEREAS, the St. John's River Water Management District has determined, by letter dated
February 28, 2003, that such encroachment is "minor" in nature and will not interfere with the
function of the drainage easement; and
WHEREAS, Seville Chase has recorded its Resolution Vacating Portion of Drainage
Easement, dated March 27,2003; and
WHEREAS, the City finds it is in the best interest of the health, safety, and welfare of the
citizens of the City of Winter Springs to vacate, as described in Exhibit "A" attached hereto and
incorporated herein, a portion of said drainage easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1.Recitals: The foregoing recitals are affirmed and incorporated as part of this
resolution.
Section 2.Partial Vacation of Drainage Easement.
The City of Winter Springs hereby vacates, as described in Exhibit "A" hereto, a portion of
the drainage easement set forth in Plat Book 51, Page 1, of the Public Records of Seminole
County.
R Brown Ward Salzman Weiss
PO Box 2873
Orlando, FL 32802
City of Winter Springs, Florida
Resolution #2003-17
Page 1 of 2
FILE NUM 2003086370
OR BOOK 04833 PAGE 0866
Section 3. Repeal of Prior Inconsistent Resolutions: All prior inconsistent resolutions
adopted by the City Commission are hereby repealed.
Section 4. Severability: If any section, clause, phrase, word, or provision 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. Effective Date: This resolution shall become effective immediately upon
passage by the City Commission of the City of Winter Springs, Florida, and pursuant to the
City Charter,
DONE AND ADOPTED in regular session of the City Commission of the City of Winter
Springs, Florida this 28thday of April 2003,
JOHN F. BUSH, MAYOR
ATTEST:
ANDREA LORENZO-LUACES,CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Anthony a. Garganese, City Attorney
DATE: April 28,2003F:\Docs\City of Winter Springs\Resolutions\Seville _Chase _ Vacation. wpd
City of Winter Springs, Florida
Resolution #2003-17
Page 2 of 2
LEGAL DESCRIPTION
A PORTION OF LOT 97 SEV!L'.E CHASE AS RECORDED IN PLfIT BOOK 51, PAGES 1
fHRU 14 OF THE PUBLIC [<ECORDS OF SEMINOLE COUNTY, FLORIDA, BEING I-AORE
PARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEi',ST CORNER OF SAID LOT 97: THENCE SOUTH 05'08'29"
EAST ALONG THE EASTERLY LINE OF SAID LOT 97 A DISTANCE OF 173,37 FEET TO
A POINT ON THE NORTHERLY LINE OF A 20 FOOT WIDE DRAINAGE EASEMENT AS
SHOWN ON THE AFOREMENTIONED PLAT OF SEViLLE CHASE, SAID POINT BEING ON A
LINE 20 ['EET NORTH OF AND PARALLEL TO THE SOUTHERLY LINE OF SAID LOT 97:
THENCE LEAVING SAID Ei',STERL Y LINE NORTH 67"38',34" WEST, A DISTANCE OF
58,84 FEET TO THE POINT OF BEGINNING' THENCE SOUTH 22'21'26" WEST, A
DISTANCE OF 1.00 FOOT; THENCE NORTH 67"38'34" WEST, A DISTANCE OF 4375
FEET; THENCE NORTH 22'21'26" E,AST, A DISTANCE OF 1,00 FOOT, THENCE SOUTH
67"38'34" EAST, A DISTA!"CE OF 4375 FEET TO THE POINT (iF f3EGIN~~ING.
SU8,IECT TO Ei',SEMENTS, RIGHTS ,OF -Wi'Y, COVEN,cNTS AND [,ESTRICT!m,S OF
f,ECORD, IF ANY AND CONTAINS 44 SOUI,PE FEET, ~IORE OR LESS
LOT 96
LOT 98
SURVCY NOTES:
THIS SKETCH IS NO T VALID WI THOU T THE SIGNA TURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR ANO MAPPER,
2. THE 'lAND DESCRIPTION" HEREON IS IN ACCORD WITH THE
DESCRIPTION PROVIDED 8Y THE CLIENT
J BASIS OF BEARINGS: ASSUMED NOTll'J7"W ALONG THE EAST LINE
OF NORTH ORLANDO RANCHES SECTION I.(PER PLA T)
DETAIL
NOT TO SCALE
\
\
\\
\
,.---\
~\
~~,15
, "S,.." N6T3834
"i7.\ 7;~ - 'a
",,7. \ 00 \ ~ llu
Q)ICl
-'a
\ Ih
-'el-
, 00\0Y
DeY\
\. 0'
'? 0,0
L Ji.6T38'34"W
I ~S22"21'~";-
__Ia 1,00'
,I ~,J
~I~
Ih
_1____
PREP AREO FOR- SUNRISE POOLS
PROJECT NUMBER. 7565
_.~
..---
.--/"
SKETCH & LEG' . NOT A SUR'v'EY J
~.~,/
8~ ~VV .l~ Z003
._~~ ~~-:-::;;E~----------
FLORIDA REGISTRA TlON NUU8C:P 567:1
~ CCL CONSUL TANTS, INC. (mJ1
ENGINEERS' SURVCYORS . PLANNERS
CONSUL TANTS CONSUL TANTS
2603 Moitland Center Pork way,
Suite C,
Maitland, Florida 32757
Ph,( 407)660-2120 L.B. No. 5610 Fox(407)B75-BJOB
\
EXHmIT "A"
I
0"
::o~
r
lJ:Im
o
oz
,::C
3:
IS)
~N
(J:)IS)
WIS)
WW
IS)
(J:)
(J'l
'Ow
1>-..1
(illS)
m
IS)
(J:)
(J'l
-..I