HomeMy WebLinkAboutResolution 2006-38 Seminole Trail Animal Hospital
RESOLUTION NO. 2006-38
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, PROVIDING FOR THE DIVISION OF AN
ORIGINALL Y PLATTED LOT OWNED BY SEMINOLE
TRAIL ANIMAL HOSPITAL, INC. AND GENERALL Y
LOCATED AT 383 VISTAWILLA DRIVE, WINTER
SPRINGS, FLORIDA, INTO TWO (2) LOTS OF RECORD
FOR DEVELOPMENT PURPOSES; 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 ofa single lot of sufficient size
that satisfies zoning bulk regulations 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, Seminole Trail Animal Hospital, Inc. (hereinafter "Owner") is the owner of
certain real property generally located at 383 Vistawilla Drive, Winter Springs, Florida, legally
described herein; and
WHEREAS, Owner has petitioned the City, pursuant to section 9-11 of the City Code, to
divide said property into two (2) separate lots; and
WHEREAS, said lots are more particularly depicted and legally described herein; and
WHEREAS, the City Commission finds that Owner has satisfied all of the requirements
for lot splits set forth in section 9-11 of the City Code; and
WHEREAS, that First Amendment to Declaration of Easements and Restrictive Covenants,
recorded in Seminole County Official Record Book 5349, Page 1939, authorizes Owner's property
to be subdivided into separate lots upon the approval of appropriate governmental authorities; and
WHEREAS, the City Commission ofthe City of Winter Springs finds that this Resolution
is in the best interests ofthe public health, safety, and welfare of the citizens of Winter Springs.
City of Winter Springs
Resolution 2006-38
Page I of3
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. The City Commission hereby approves, pursuant to section
9-11 of the City Code, the division of the real property generally located at 383 Vistawilla Drive,
Winter Springs, Florida, legally described in "Exhibit A," attached hereto and fully incorporated
herein by this reference, into two (2) separate lots; provided, however, the two lots shall be required
to have one ingress and egress access point on Vistawilla Drive in accordance with the Final
Engineering Plans approved by the City Commission on April 24, 2006. Such lots are more
particularly depicted and legally described in "Composite Exhibit B," attached hereto and fully
incorporated herein by this reference. Upon recordation of this Resolution in the Official Public
Records of Seminole County, Florida, said lots 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. Ifany 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. Pursuantto section 9-11 (b )(2) of the City Code, the City Clerk
is hereby directed to record this Resolution in the Official Public Records of Seminole County,
Florida. The Community Development Department is hereby directed to modify city maps and
documents to reflect the lot split.
Section 6. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs.
[ADOPTION PAGE FOLLOWS]
City of Winter Springs
Resolution 2006-38
Page 2 of3
ADOPTED by the City Commission of the City of Winter Springs, Florida, this 24th day of
July, 2006.
John F. Bush, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution 2006-38
Page 3 of3
" A "
LEGAL DESCRIPTION
Lot 4, TUSCAWILLA TRACT 15, PARCEL 1-C, according to the map or plat thereof. recorded in
Plat Book 56, Pages 29 through 32, inclusive, of the Public Records of Seminole County, Florida.
TOGETHER with those certain non-exclusive easements for gravity sewer line, lift station and
sewer force main over and across Lot', TUSCAWILLA TRACT 15, PARCEL 1-C, according to
the plat thereof as recorded in Plat Book 56, Pages 29 through 32, inclusive, of the Public
Records of Seminole County, Florida, as described in that certain Cross Easement Agreement for
TUSCAWILLA TRACT1!:i. PARCEL 1-C, by and between Robert A. Yeager, individually and as
Trustee and ZP No. 56, limited Partnership, a Florida limited partnership, dated January 13,
1999 and recorded January 14, 1999 in Official Records Book 3574, Page 564, as amended in
Official Records Book 3582, Page' 443, Public Records of Seminole County, Florida.
Together with:
An Easement for the benefit of Lot 4 as contained in the Amendment to the Declaration of
Restrictions recorded in Official Records Book 5349, Page 1939, Public Records of Seminole
County, Florida, over, un,jer and across Lot 2, as described therein.
COMPOSITE "B"
LEGAL DESCRIPTION
(PARCEL 4A)
A PORTION OF LOT 4, TUSCAWILLA TRACT 15, PARCEL 1-C, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGIN AT THE NORTHWEST CORNER OF LOT 4, TUSCAWllLA TRACT 15, PARCE~ 1-C, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC
RECORDS OF SEMINOLE COUNTY, flORIDA, THENCE RUN S89'49'07"E, 254.00 FEET ALONG THE
NORTH LINE OF SAID LOT 4; THENCE CONTINUE ALONG SAID NORTH LINE, S64'27'32"E, 28.91
FEET TO A POINT ON THE EAST LINE OF SAID LOT 4 AND THE WESTERLY RIGHT OF WAY LINE OF
VISTAWILlA DRIVE (80' IN WIDTH), SAID POINT BEING ON A CURvE CONCAVE TO THE NORTHWEST,
HAVING A RADIUS OF 710.00 FEET, A CHORD BEARING THE BEARS SJ2'51'52"W, AND CHORD
DISTANCE OF 181.01 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 181.50
FEET THROUGH A CENTRAL ANGLE OF 14'38'50"; THENCE N49'48'42"W, 174.89 FEET, DEPARTING
SAID EASTERLY LINE OF LOT 4 AND SAID WESTERLY RIGHT OF WAY OF VISTAWILlA DRIVE; THENCE
N90'OO'OO"W, 48.42 FEET TO A POINT ON THE WESTERLY LINE OF AFORESAID LOT 4; THENCE
NOO'10'53"E, 52.45 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING.
TOGETHER WITH THOSE CERTAIN NON-EXCLUSIVE EASEMENTS FOR GRAVITY SEWER LINE, LIFT
STATION AND SEWER FORCE MAIN OVER AND ACROSS LOT I, TUSCAWILLA TRACT 15. PARCEL 1 -C,
ACCORDING TO THE MAP OF PLAT THEREOF RECORDED IN PLAT BOOK 56, PAGES 29 THROUGH
32, INCLUSIVE OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, flORIDA AS DESCRIBED IN THAT
CERTAIN CROSS EASEMENT AGREEMENT FOR TUSCAWILlA TRACT 15, PARCEL l-C, BY AND
BETWEEN ROBERT YEAGER, INDIVIDUALLY AND AS TRUSTEE AND ZP. NO.56, LIMITED PARTNERSHIP,
A flORIDA LIMITED PARTNERSHIP, DATED JANUARY 13, 1999 AND RECORDED JANUARY 14, 1999 IN
OmCIAL RECORDS BOOK 3574, PAGE 564, AS AMENDED IN OFFlCIAL RECORDS BOOK 3582, PAGE
1443 PUBLIC RECORDS OF SEMINOLE COUNTY, flORIDA.
LEGAL DESCRIPTION
(PARCEL 4B)
LOT 4, TUSCAW/LlA TRACT 15, PARCEL l-C, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC RECORDS OF SEMINOLE COUNTY,
flORIDA,
LESS,
BEGIN AT THE NORTHWEST CORNER OF LOT 4, TUSCAWILLA TRACT 15, PARCEL 1-C, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56. PAGES 29-32, INCLUSIVE IN THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA, THENCE RUN S89'49'07"E, 254.00 FEET ALONG THE
NORTH LINE OF SAID LOT 4; THENCE CONTINUE ALONG SAID NORTH LINE. S64'27'J2"E, 28.91
FEET TO A POINT ON THE EAST LINE OF SAID LOT 4 AND THE WESTERLY RIGHT OF WAY LINE OF
VlSTAWllLA DRIVE (80' IN WIDTH), SAID POINT BEING ON A CURVE CONCAVE TO THE NORTHWEST,
HAVING A RADIUS OF 710.00 FEET, A CHORD BEARING THE BEARS S32'51'52"W, AND CHORD
DISTANCE OF 181.01 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 181.50
FEET THROUGH A CENTRAL ANGLE OF 14'38'50"; THENCE N49'48'42"W, 174.89 FEET, DEPARTING
SAID EASTERLY LINE OF LOT 4 AND SAID WESTERLY RIGHT OF WAY OF VlSTAWILLA DRIVE; THENCE
N90'00'00"W, 48.42 FEET TO A POINT ON THE WESTERLY LINE OF AFORESAID LOT 4; THENCE
NOO"10'53"E, 52.45 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING.
TOGETHER WITH THOSE CERTAIN NON-EXCLUSIVE EASEMENTS FOR GRAVITY SEWER LINE, LIFT
STATION AND SEWER FORCE MAIN OVER AND ACROSS LOT 1, TUSCAWILLA TRACT 15, PARCEL 1-C,
ACCORDING TO THE MAP OF PLAT THEREOF RECORDED IN PLAT BOOK 56, PAGES 29 THROUGH
32, INCLUSIVE OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, flORIDA AS DESCRIBED IN THAT
CERTAIN CROSS EASEMENT AGREEMENT FOR TUSCAWllLA TRACT 15, PARCEL 1-C, BY AND
BETWEEN ROBERT YEAGER, INDIVIDUALLY AND AS TRUSTEE AND ZP. NO.56, LIMITED PARTNERSHIP,
A flORIDA LIMITED PARTNERSHIP, DATED JANUARY 13, 1999 AND RECORDED JANUARY 14, 1999 IN
OFFICIAL RECORDS BOOK 3574, PAGE 564, AS AMENDED IN OFFICIAL RECORDS BOOK 3582, PAGE
1443 PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
CURVE
C 1
C 2
BEARlNGS ARE USED ON
NORTH LINE OF LOT
SEE SHEET 2 FOR SKETCH
THIS IS NOT A BOUNDARY SURVEY
SCALE: 1'-.lQ'
DRAWN 8"r: WWS
11/09/05
JOB No.:
REVISED: 2/15/09
LOT 2
TUSCAWlLLA TRACT 15 . l-C
PUT 110OI< 58, PACES 20-32
POINT OF BEGINNING
PARCEl.
NORTHWES CORNER
lDT4
989"49'07"8264.00'
PROPOSED
PARCEL..
SEE SHEET 1 FOR LEGAL DESCRIPTIONS
GRAPHIC SCALE
(lNFDT)
1 inch - 80 It.
240
I
ALTAMONTE SURVEYING
THIS IS NOT A BOUNDARY SURVEY
SEMINOLE TRAIL A.H.
Prepared by and Return to:
Katherine W. Latorre, Esq.
Winter Springs Assistant City Attorney
Brown, Garganese, Weiss & O'Agresta. P.A.
P.O. Box 2873
Orlando, FL 32802
(407) 425-9566
JOINDER AND CONSENT
The undersigned, David A. Felker, of BankFIRST, hereby certifies that
BankFIRST is the holder of a Mortgage dated July 8, 2005, recorded in Seminole County Ojmcial
Record Book 5844, Page 872; and the undersigned hereby joins in and consents to the recording of
the foregoing City of Winter Springs Resolution 2006-38 ("Resolution") and agrees thlt the lien of
this Mortgage shall be subordinate and subject to said Resolution and all rights created therelmder.
IN WITNESS WHEREOF, the undersigned has caused these presents to be executed in its
name by its proper officer thereunto duly authorized the day and year first above written.
Signature
Print Name
Title
Print Name
Print Name
BankFIRST
1031 W. Morse Blvd., Suite 323
Winter Park, FL 32789
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledgeq.pefore me this 19th day of July
2006, by David A. Felker, as Exec. Vice Pres, of BankFIRST,organized and existing
under the laws of Florida, who is personally known to me or who has produced
as identification.
NOTARY PUBLIC, State of Florida
My commission expires 3/15/2007