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Home My WebLink About1998 09 28 Regular Item B COMMISSION AGENDA ITEM B Consent Information Public Hearing Regular XX September 28. 1998 Meeting MGR./LLJb'v\ fDevj_ REQUEST: Community Development Department, Land Development Division, requests Commission approval for the First Reading of Ordinance No. 706 vacating a portion of a Greenbelt, Drainage and Utility Easement located to the rear of Lot 35, Bear Creek Estates (761 Bear Creek Circle). The Second Reading and adoption of Ordinance No. 706 will be scheduled for a later meeting. PURPOSE: The purpose of this Board item is to vacate a portion of an existing Greenbelt, Drainage and Utility Easement located to the rear of Lot 35, Bear Creek Estates (761 Bear Creek Circle). This will allow the owner of the property to build a tennis court on his property. FINDINGS: 1) Bear Creek Estates was platted in 1982 (exact date not readable). 2) The UtilitylPublic Works Director, the City Engineer, and all concerned utility companies have reviewed this request and have no objection. 3) The City Engineer has determined that, if the tennis court is constructed as shown, there should be a net increase in the 1 OO-year flood storage capacity at this location RECOMMENDATION: It is recommended that the Commission approve the First Reading of Ordinance No. 706, and at a later meeting, approve the Second Reading and adoption of the ordinance. September 28, 1998 REGULAR AGENDA ITEM B Page 2 ATTACHMENTS: Letters of no objection from: Florida Public Utilities Company UtilityfPublic Works Director BellSourth Florida Power Corporation Time Warner Communications Bear Creek Estates Homeowners Association, Inc. City Engineer Plat of Survey depicting area to be vacated Ordinance No. 706 COMMISSION ACTION: PUBLIC A COMPANY ........ 330 West 6th Street Sanford, FL 32771 {407) 322-5733 (407) 323-4354 fax March : 2tl1, 1998 Michael Runda 761 Bear Creek Circle Winter Springs, FL 32708 Re: Vacate portion of Greenbelt Drainage and Utility Easement Lot 35 Bear Creek Estates Dear Mr. Runda: Florida Public Utilities Company has no objections to the petition to vacate that certain trapezoidal shaped portion of the Greenbelt Drainage and UtilitY EC'.sement, located within lot 35, BEAR CREEK ESTATES, as recorded in Plat Book 26, Pages 57 !hiU 59, Public Records of Seminole County, Florida. Said portion more particularly described and delineated on the attached Legal Description prepared by Locklin & Associates, Project No. F03-228, dated 2/24/98. If you have any questions or need additional information, please f.:el free to call. ~ncere! / f::; ~ an . Engineer yfid-Florida Division Attachment ~ WINTER SPRINGS UTILITY I PUBLIC WORKS DEPARTMENT 110 NORTH FLAMINGO AVENUE WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-2669 Fax (407) 327-0942 March 18, 1998 Michael Runda 761 Bear Creek Circle Winter Springs, FL 32708 RE: Vacate Portion of Greenbelt, Drainage and Utility Easement Lot 35 - Bear Creek Estates Dear Mr. Runda: The Utility/Public Works Department has no objection to vacating a portion of the greenbelt, drainage, and utility easement as described and depicted in your March 9, 1998 letter. We have no facilities within this area and there are no trees in the proposed easement area to be vacated. If you have any questions, please feel free to contact me. Sincerely, KiP:Lk!J(E Utility/Public Works Director cc: Don LeBlanc, Land Development Coordinator File / @ BELLSOUTH BellSouth Telecommunications. Inc. 407277.1697 450 North Goldenrod Road Fax 407277-7241 Orlando. Florida 32807 March 23, 1998 Michael Runda 761 Bear Creek Cir Winter Springs, Fl. 32708 Re: Vacation of a portion of easement located on Lot 35, Bear Creek Estates as recorded in, Plat Book 26, Pages 57 to 59 of the public records of'Seminole C~unty, Fl. .. Dear Mr. Runda, Our engineering department has reviewed your request to vacate the easement described above. Upon review of your request, BellSouth has no objection to the vacation of this easement. If you have any additional questions or need any additional information, please call Jim Farrell at 273-5084. Sincerely, Jim Farrell Project Manager ...&... ~..... .- . .. ~ .. .. .. .. .. ......... ..... Florida Power CORPORATION March 27, 1998 Mr. Michael Runda 761 Bear Creek Circle Winter Springs, FL 32708 RE: Lot 35, BEAR CREEK ESTATES Vacation of a portion of a Drainage, Utility & Greenbelt Easement Dear Mr. Runda: Florida Power COIporation has no objection to the abandonment of a portion of that certain Drainage, Utility and Greenbelt Easement, being more particularly described as follows: Begin at the intersection of the Northeast line of Lot 35, BEAR CREEK ESTATES, as recorded in Plat Book 26, Pages 57 through 59, of the Public Records of Seminole County, Florida; and the Northwest line of the Greenbelt, Drainage and Utility Easement line, said point also being Point "A" for reference; thence South 52051'12" East, along said Northeast line of Lot 35, a distance of 25.00 feet to a point; thence South 36056' 15" West, a distance of 80.00 feet to a point; thence North 52051' 12" West, a distance of 40.74 feet to a point on said Northwest line of said Greenbelt, Drainage and Utility Easement line; thence North 48004'31" East, along said Northwest line a distance of 81.48 feet to the POINT OF BEGINNING. . lag attachments cc: R.F. Hotard JAMESTOWN ENGINEERING · 2801 West State Road 426 . Oviedo, FL 32765 telephone: 407/359-4429 facsimile: 407/359-4449 A Florida Progress Company .\'.JJ .H,;:::un' N"li,: ()"Ol','. F/",'jtlcl ....:-'1/.:.'1/(' 1;,1 JI);.fl5fl..\'P.,5 r;,.\ -/o;.65t,./lf.: ~ TIME WARNER '" COMMUNICATIONS April 8, 1998 Michael Runda Ellen. Runda 761 bear Creek Circle Winter Springs, Florida 32708 Re: Request for Vacate of Easement SECTION 8, TOWNSHIP 21S, RANGE 31E Dear Mr. & Mrs. Runda, Time Warner Communications has reviewed your request for a Vacate of Easement described as: Lot 35 Bear Creek Estates Plat Book 26 Pages 57 to 59 of the Public Records of Seminole County, Florida. The requested portion of Lot 35 to be vacated is described more particularly as: Begin at the intersection of the Northeast line os said lot 35 and the Northwest line of the greenbelt, drainage and utility easement line, said point also being Point "A" for reference, according to the said plat of Bear /creek !Estates; thence S 52 degrees 51' 12"E, along said Northeast line of Lot 35, a distance of25.00 feet to a point; thence S 36 degrees 56' 15" W, a distance of 80.00 feet to a point; thence N 52 degrees 51' 12" W, a distance of 40.74 feet to a point on said North- west line of the greenbelt, drainage and utility easement line; thence N 40 degrees 04' 31"E, along said northwest line a distance of 81.48 feet to the point of beginning. Containing 2,630 squwe fcet or 0..060 acre more or less. Time Warner Communications has "No Objection" to this vacate as described. Should you have any additional questions or concerns do not hesitate to call me at (407)654-0599. S/f;j:P~' P.7!1G~ Time Warner Communications Construction Manager PJKlnsk l :/", !\", /', I / 1/:, 1:,,:::11', ": \. il '/1/1 . ' \, II ;f, 'II i' " 'j'. , ,,' I:,., :.:'.. / ,. I' ." BEAR CREEK ESTATES HOMEOWNERS ASSOCIATION, INC. clo Energy Property Management Services, Inc. P. O. Box 950455 Lake Mary, FL 32795-0455 407-327-5824 July 23, 1998 . Mr. and Mrs. Michael Runda 761 Bear Creek Circle Winter Springs, FL 32708 RE: Architectural Review Board Application 761 Bear Creek Circle Dear Mr. and Mrs. Runda: This is written confirmation for your records of conditional approval by the Architectural Review Board regarding the. installation of a tennis court as submitted in your application at the above-referenced property. Please keep this letter for your records. This is based on the following conditions as outlined in the Rules and Regulations for tennis courts: 1. "Fencing must be chain link covered with a green vinyl material (but shall not be chain link with strips inserted.) Fencing shall not exceed ten feet in height from the proposed playing surface of the subject Tennis Court." 2. "Fencing shall be at leased partially screened with mature landscaping which such landscaping (and the plan therefor) shall be approved by the Association ~imultaneous with approval for cons~ruction of the Tennis Court." The landscaping needs to be installed in such a way that the tennis court is not visible from the street or any adjacent lots. . 3. If you plan to use lighting, you will need to submit a lighting plan. 4.. Any plans for changing the driveway need to be submitted. The Association makes no determination as to whether the proposed improvement meets with local building or zoning regulations, and you will need to obtain any required governmental permits. Thank you for submitting your exterior change. Bear Creek Estates is a beautiful community and your cooperation in complying with the deed restrictions is sincerely appreciated. Please let us know if you ever need to submit any exterior changes in the future. Cind A ai Community Association Manager FOR: The Board of Directors Bear Creek Estates Homeowners Association, Inc. ------ /;.1\ N Tf:: i>,. /~ " . '0 - , -s:~, /00 -p\ /).... , '" '.~. i\ It: (;-" ,(;)1 u ' _", (f) "- 1r.......'1...-.r....l.~.~ . 1~5q .t...-. .1::.-......--_.../... (OR\Of'- CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 September 8, 1998 Michael & Ellen Runda 761 Bear Creek Circle Winter Springs, FL 32708 RE: Request For Vacation of Portion of Greenbelt, Drainage and Utility Easement For a Tennis Court at 761 Bear Creek Circle Dear Mr. & Mrs. Runda: I am in receipt of topographical documentation that was submitted to my office by Mr. Runda on September 1, 1998. Tllis is part of a request for vacation of a portion of an easement at the rear of lot 35, Bear Creek Estates, located at 761 Bear Creek Circle. The area of easement requested to be vacated is shown on the attached Topographic Survey, by Locklin & Associates, sealed August 25, 1998. By copy of this letter to the Land Development Coordinator, Donald LeBlanc, and a review of all submitted documentation to date, I recommend the City vacate the mentioned portion of the subject easement to allow the residents to construct a tennis court. If the tennis court is constructed as shown, there should be a net increase in the 100-year flood storage capacity at this location. If you have any engineering questions, please give me a call at 327-1800 ext. 315. If you have ques~ions regarding the status of your request, relating to the actual vacation of the easement, please call Donald LeBlanc at 327-1800, ext 302. ~~J Mark 1.. Jenkins, P.E. Ci ty Engineer Attachment: topographical survey CC: (:ollllllunity Dcvcloprncnl Dirocclor r .and I)cvdopmcnt Coordinalor .. ., LEGAL DESCRIPTION ALL THAT TRACT OR PARCEL OF LAND LYING IN A PORTION OF LOT 35. BEAR CREEK ESTATES. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 26. PAGES 57-59 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA. BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE NORTHEAST LINE OF SAID LOT 35 AND THE NORTHWEST LINE OF THE GREENBELT, DRAINAGE AND .UTILlTY EASEMENT LINE, SAID POINT ALSO BEING POINT "A" FOR REFERENCE. ACCORDING TO SAID PLAT OF BEAR CREEK EST A ITS; THENCE S 52'51'12" E, ALONG SAID NORTHEAST LINE OF LOT 35, A DISTANCE OF 25.00 FEET TO A POINT; THENCE S 36'56'15" W, A DISTANCE OF 80.00 FEET TO A POINT; THENCE N' 52'51 '12" W, A DISTANCE OF 40.74 FEET TO A POINT ON SAID NORTHWEST LINE OF THE GREENBELT. DRAINAGE AND UTILITY EASEMENT LINE; THENCE N 48'04'31" E, ALONG SAID NORTHWEST LINE A DISTANCE OF 81.48 FEET TO THE POINT OF BEGINNING. CONTAINING 2,630 SQUARE FEET OR 0.060 ACRE MORE OR LESS. R - 50.00' t!. = 28'J8'52' L - 25.00' ell . 24.14' eu - Nlo'O"JS'[ ~~ LO T 36 BEAR CREEK CIRCLE '\ \ \ _SPHALT PAYOIDir ~ NSS'7'O/'", .-sB2-c8'.s tv RP -.:l'. 50:00' - . ...........p. 37.28 ~~:s... q;. ~ LOT 34 LEGEND: ~----, WOOD UTILITY POLE NR NON RADIAL I< CUY WIRE RAD RADIAL TYP TYPICAL -BH1i--- OVERHEAD UTILITY LINE PC POINT OF cunVATURE ---l G' WOOD FENCE PT POINT OF TANCENCY PRC POINT Of REVERSE CURVA TUnc '--W-l'Of- 4' CHAIN LINK rENCE PCP PERMANeNT CONTIlOI. POIN T PRI.l PERMANENT Rf.fERENCE 1.l0NUMEN r --- CEN ITRUNE PI POINT OF IN ITRSECTION RP RADIUS POINT ---- RIGHT Of WAY UNE A/C AIR CONDITIONER c=J CONCREIT R RADIUS " . t!. CENTRAL ANGLE r) PLAT L ARC LENGTH 1.1) MEASURED CB CHORD BEARING gj DESCRIPTION CH CHORD LENGTH CALCULATED ORB OffiCIAL RECORD BOOK P.O.C. POINT OF COMI.lENCEI.lENT PG PAGE P.O.B. POINT Of BECINNINC R/W RIGHT-Of-WAY a lD " . W ....J <{ U (J) GENERAL NOTES: 1. THE PURPOSE OF THIS SKETCH IS TO DELINEATE THE DESCRIPTION SHOWN HEREON. THIS DOES NOT REPRESENT A BOUNDARY SURVEY. 2. THE SURVEYOR HAS NOT ABSTRACTED THE LANDS SHOWN HEREON FOR EASEMENTS AND/OR RIGHT OF WAY RECORDS. 3. THE BEARINGS SHOWN HEREON ARE BASED ON THE SOUTHWEST LINE OF LOT 35, BEING N 59'38'59" W, AN ASSUMED DATUM. 4. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING. SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY. REPARED FOR: LEGAL DESCRIPTION & SKETCH ~MJCHAEL 1'vf. & gT 1: EN RU1VDA V ACA TE A PORTION OF GREENBELT, .LLi - DRAINAGE AND UTILITY EASEMENT E:RTIFICATION: 17\< I DRA WN BY: GSL IlEREBY CERTIFY TlIAT T11IS LEGAL DESCRIPTION AND LOCKUN & ASSOCIA TES CHECKED BY: GSL ,r..-rCIl IS CORI/ECT TO TUE DEST OF MY KNOWLEDGE DRA WING FILE: IV UEUEF. I FURTHER CERTIFY TIUlT 7'IlIS LEGAl. ';SCllll'TION AND SKETCJI M F:t'TS TlIE MINIMUM SURVEYORS & MAPPERS F0322DLG.DWG ;CIlNICAL STANDARDS AS Sf.'T FO//1'1l IIY TilE FWl/lDA Will OF P/WFE'SSIONAL SUI/VA'YOI/S AND MAp/JEllS IN 8146 riwxu'u VRlVE DATE: IAPTER 61GI7-6. FLORIDA ADMINIS7'I/ATIVE CODE. ORLANDO, FL. 32825 2/24/90 mSUANT TO CHAPTEI/ 472.027 OF TilE FWRIlJA VOICE': (107) 273-0356 FAX/DATA: 282-7850 'A Tln'RS. SUIJJECl' TO NOTES AND N07'A nONS SlIO'll'N -:IlWN. PROJECT No. ,.,us 24r~ DAYO~ . 19?~ No. DATE REVISION F03-228 SCALE: ,o,y s. 6""0'" SO"oyo, . Mop,,, No. '''' In = 60' SHEET 1 Land Surveyor BusIness No. 6600 OF 1 fAUD ONLY rrrrIf SIGNATURE AND EMBOSSED SEAL ORDINANCE NO. 706 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, VACATING, ABANDONING AND CLOSING A PORTION OF THAT GREENBELT, DRAINAGE AND UTILITY EASEMENT BEING A PORTION OF LOT 35, BEAR CREEK ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 26, PAGES 57-59 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE NORTHEAST LINE OF SAID LOT 35 AND THE NORTHWEST LINE FO THE GREENBELT, DRAINAGE AND UTILITY EASEMENT LINE, SAID POINT ALSO BEING POINT" A" FOR REFERENCE, ACCORDING TO SAID PLAT OF BEAR CREEK ESTATES; THENCE S 52 DEGREES 51 '12" E. ALONG SAID NORTHEAST LINE OF LOT 35, A DISTANCE OF 25.00 FEET TO A POINT; THENCE S 36 DEGREES 56' 15" W. A DISTANCE OF 80.00 FEET TO A POINT; THENCE N 52 DEGREES 51'12" W. A DISTANCE OF 40.74 FEET TO A POINT ON SAID NORTHWEST LINE OF THE GREENBELT, DRAINAGE AND UTILITY EASEMENT LINE; , THENCE N 48 DEGREES 04'31" E. ALONG SAID NORTHWEST LINE A DISTANCE OF 81.48 FEET TO THE POINT OF BEGINNING. CONTAINING 2,630 SQUARE FEET OR 0.060 ACRE MORE OR LESS. WHEREAS, the City Commission of the City of Winter Springs, Florida has determined it to be in the best interest of its citizens to vacate the greenbelt, drainage and utility easement described herein; and, WHEREAS, the City Commission of the City of Winter Springs finds and declares that the herin described property is no longer need for public purpose. NOW, THEREFORE, be it ordained by the City Commission of the City of Winter Springs, Florida as follows: SECTION I: The City hereby vacates, abandons and closes the following described property: A PORTION OF THAT GREENBELT, DRAINAGE AND UTILITY EASEMENT BEING A PORTION OF LOT 35, BEAR CREEK ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 26, PAGES 57-59 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE NORTHEAST LINE OF SAID LOT 35 AND THE NORTHWEST LINE OF THE GREENBELT, DRAINAGE AND UTILITY EASEMENT LINE, SAID POINT ALSO BEING POINT "A" FOR REFERENCE, THENCE S 52 DEGREES 51' 12" E. ALONG SAID NORTHEAST LINE OF LOT 35, A DISTANCE OF 25.00 FEET TO A POINT; THENCE S 36 DEGREES 56' 15" W, A DISTANCE OF 80.00 FEET TO A POINT; THENCE N 52 DEGREES 51' 12" W, A DISTANCE OF 40.74 FEET TO A POINT ON SAID NORTHWEST LINE OF THE GREENBELT, DRAINAGE AND UTILITY EASEMENT LINE; THENCE N 48 DEGREES 04' 31" E, ALONG SAID NORTHWEST LINE A DISTANCE OF 81.48 FEET TO THE POINT OF BEGINNING. CONTAINING 2,630 SQUARE FEET OR 0.060 ACRE MORE OR LESS. SECTION II: That any portion of any City Ordinance in conflict herewith shall be hereby repealed. SECTION III: Ifany sentence, phrase or portion of this ordinance is for any reason held or declared to be unconstitutional or void, such holdirig shall not affect the remaining portions of this ordinance. SECTION IV; This Ordinance shall be effective upon its passage. DONE AND ORDERED THIS Chambers at Winter Springs, Florida. DAY OF 1998, in PAUL P. PARTYKA, MAYOR ATTEST: CITY CLERK -... ~ First Reading Second Reading Posted TillS INSTRUMENT WAS PREPARED BY: Donald R. LeBlanc Land Development Coordinator City of Winter Springs 1126 East SR 434 Winter Springs FL 32708