HomeMy WebLinkAbout1999 03 22 Regular Item E
COMMISSION AGENDA
ITEM E
Consent
Information
Public Hearin2
Re2ula r XX
March 22. 1999
Meeting
MGR. ~tf!.:-.
REQUEST: Community Development Department, Planning Division, requests that
the Commission approve the acceptance of the water and sewer system for public
ownership and maintenance, Wicklow Greens at Tuscawilla.
PURPOSE: The purpose of this Agenda Item is to accept the water and sewer system for
public ownership and maintenance. These improvements are located in Wicklow
Greens at Tuscawilla subdivision (east of Howell Creek and north of Wood stream
subdivision.
APPLICABLE CODE:
Code Section 9-76(b) Maintenance Bond. When requesting to record a plat, for
which the improvements have been installed, inspected and approved by the City
Engineer, and when the city is being asked to accept such improvements, the
subdivider will provide a maintenance bond payable to the City guaranteeing the
performance of required and installed improvements for two (2) years after the
date of completion and acceptance by the City, executed and enforceable in the
same manner as the corporate or surety completion bond. The bonds will be ten
(10) percent of the estimated construction cost of all improvements to be owned
and maintained by the City. As an alternative to the provision of a corporate or
surety bond, the subdivider may provide the deposit of equivalent cash in an
escrow account with the City, or a letter of credit drawn on an approved
institution, drawn in a form approved by the City Attorney.
FINDINGS: 1) Wicklow Greens at Tuscawilla was approved for recordation by the City
Commission at their meeting of November 9, 1998.
2) Wicklow Greens has been inspected by the City Engineer and the work was
done in general compliance with the approved engineering plans.
March 22, 1999
REGULAR AGENDA ITEM E
Page 2
3) The City Engineer has determined that the construction costs for Wicklow
Greens improvements to be accepted at $l64,476.50 (10% ofthis cost being
$16,476.50).
4) The developer has submitted a maintenance bond in the amount of
$16,477.00 which exceeds the required ten percent (10%).
5) The original Wood stream Plat has a statement on the first sheet which
reads: "The common areas as shown herein are hereby dedicated to the
homeowners in this subdivision and are also reserved as drainage and utilities
easements with rights dedicated to the City of Winter Springs for access to
perform emergency maintenance along Howell Creek".
6) Wicklow Greens replatted a portion of the original W oodstream subdivision
into its boundaries. Part of the replatted area was the common area.
7) The officers of the W oodstreamlWicklow Homeowners' Association believe
this was done in error and that this possible mistake be corrected by the necessary
parties.
8) The developer has an agreement with the Woodstream at Tuscawilla Home
Owners' Association, Inc., dated May 9, 1998, wherein Paragraph 8 states:
"..... The Association hereby approves of, and agrees to support, the development
of the New Project substantially in accordance with the preliminary subdivision
plans for Wicklow Estates, .....Iast revised January 6,1998,..... In consideration
of the improvements to be made pursuant to this Agreement, Association releases
Woodstream Partnership, Ltd., and ELJH from all obligations relating to the
Existing Development, except as expressly set forth herein. "
9) The approved Preliminary Engineering plans, last revision 1/6/98, show that
common area behind lots 305, 306, 307 and 308, and those lots themselves) to be
included in the new Wicklow Estates (since changed to Wicklow Greens at
Tuscawilla).
lO) Prior to the platting of Wick low Greens, Chicago Title Insurance Company
issued a Limited Title Search for the proposed plat of Wicklow and there were no
discrepancies listed.
March 22, 1999
REGULAR AGENDA ITEM E
Page 3
RECOMMENDA TION:
The recommendation is that the City Commission approve the acceptance of
the water and sewer system located in Wicklow Greens at Tuscawilla for public
ownership and maintenance.
A TT ACHMENTS:
May 9, 1998 - Agreement between Wood stream at Tuscawilla
HOA and ELJH
October 14, 1998 - Limited Title Search Certification for the proposed
plat of Wick low
January 21, 1999 - City Engineer Memo to Land Development
Coordinator
February 24, 1999 - WoodstrearnlWicklow H.O.A. letter to Ronald W.
McLemore
February 26, 1999 - City Engineer Letter to William Stueber
March 10, 1999 - Land Development Coordinator Memo to City Attorney
- Portion of Wood stream Plat
- Portion of preliminary engineering
- Proposed Maintenance Bond
COMMISSION ACTION:
0~/12/99 ,0.8:_-1.8__
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This Ag~t iG entel:ed :L:::,;::g this C\.f\- <S4y of May, 1999, cy
and 'betWE!sn W0C48trecam a~ 'I'U.$ea-y.;f.,;.l@ i1~ Owners' Ae.tciati.Ot1, Inc:.,
Cl FlQrida not: -tor-profit corflu:'~.0tioD (IIAS6oci,atinn") and ELJ8
orlan~o, Inc., a. Flori(1a corpoJ:"c.'d,on ("BIArB".'.
WI"I'NJ1;SSE'rH :
WHiQAS, U8ociatiO~ is t.t:"' homeowners' aS80e i.ation for the
Wo~st:rea:m develOpmtlnt. in Tusc::c;;,':.d), la; and
WHBilEAS I El"J1! t1~aee\;.\;' de"l'elO'P &pp'l'ox1tn1 eel)" 28 acres
adjaCent. to woodstream d@&;c7:i~e(! GAl Exhib.i1: "A" attacbe(1 hereto; ~Q.
WHBREAS I Associ.ation and f::;LJl{ c1esire to eI: ter into ebis
Agreement witb respect to matt~~'B of mutual conceru :.0 the parties.
~OW, nlEUPORB. the paxts,c>: a9"ree as follows:
1. f~j~cr. Identit.,t. Th~ ,,"-r..i8t~~9' WooQ8~reaul clevelo~t .J1d
the new proi ect propos€a fOl..~ .::~~ Mj ~ee.nt Pr~ ~rty {the "New
i'roj eet II} shall be identified ;'1~," t.h-e name "Wic:klop" &nd "Wiek-low
Greens" (or other namE! i-nclv..6.~,;'~:; "WiCklOW" accept ~le to ELJR),
respect.ivelY.
2. lignaiS-. New D~ojc'c~-. i.dent.ificaticm si gnage 6hall be
installed Oft Richard ll.o~<A a::.: r:;),Q:ie to Northern ~:ay as possiDl~
identifying 'Nicklow and, ot !JL,.:.\:];l' a option, Wi.ckl:w Creens. III
addition to tone signa~, lan(lfjlC::;':'.ps and. li.ghtiDS' im;ravements shall
~ I'Mde ~(') thO cmt.rance at Nortt,y':;;-n Way generally in accordance wi.tl':
ebe concept p1an8 prepar~e. by f.1;:..:t;'~e:r Design Group < 4ted ~ril 19ge
I the .. b'nt.ry Deei.gn i'J.an") ~t.ti:',~>-:;~ hereto ClO Ib;hibi.t fig. n All eo~t~
of ~ing ~h.e sigl1aQ'E!, laln.r;i~C~0iT.~,3 and lighting imp: ~ovement:s at. thE
N~rthern Way entrance 5PMll b~ ~aid by sLJR.
3. sr.reet. Name. Ricb.aro Ro~t1 ahal1. be rename ~ nW'icklow 'WilY, '
4. Road Re5:\lq:t~. S:L:"1\Jl ~aneculFly wit.b tb, ~ paving of ~Q.ClI;
within the New Project, m..JH, at its 80le eC8t. shall cause il
ClUalified. road contracto): to in(1;:''-l11 an additional O~l~ {~} inch laye::
of asphalt on the exi~1;ing Ricb,;:;:>:d ROad., N~CY ei~cll~, and Kim court.
Paving ot Kim Co'\n~.t will be fi.J:.:\,;,hed by Ullit.ul!ng ~rlck pa.vers i:!
t:he 5ame loc.atiQn as the Qt'i.:;in;u paV'81:'S are 1n Jt.alled. A nfl'l
ara1nagc pipe ~ha1.1 b-<r inst:.0J.lt!d at tbe encS 0 e X-i-m court i::
accordance with the plW.G de:'1-8:r::\bed 11'1 paragraph :; oelow.
5. ~raimlqe I~A~:,::":""i.. simultane01191y with tl'1I'
installation ot arainago imph"c,y~t8 within the :leV aevelo1Jment I
SLJH shall, at its sole co-st., ~';::-".:'1e a qua.lified cont~~actor to install
c1raln~ge improvements at cne '.;:,:i(~, of Nancy circle .md Kim Co~rt i::
accordan<::e with the pl8.V p~ep;;-::'~Qd by Vanasse Hangen Brustlin, Inc
- 11- ,
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. .JAN-19-1900 22:413
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('VHB"I. da~eO MarCh 31. 1998, 0 cqpy of ~hich i6at,a~ hereto
"s "Xh ibi t . C,' and e""~ is 10 "''' r >,,';; h the II in ~er Spri 11 ~G Code.
6 . ~~n 1ItX;pen~:U~IiI. onCE ';;,~~ a:J1jo~iati.<:m fOJ: l'ieklow Green.
( "wick1"" G>=eeftS usoeiaeiQtl' I ic t,,,rtlel! gYe>= ~o the ,..... ....sidents.
~be 1'00 o""iat ion' aDd the lIicl<10" ,,,,,,)Oms ASsociacion sha:l.1 Sll""" the
cost of ,..iutaining Jlichard iWad and the "ntry impro........nu "iehin
ltieha~ Roa<!, RiehS~ Roaa anc \;he new I:etention pon" to be
iustall.." by S'Wl!, based upon 1:1'" "u1I1lJer of lots ..i~llin woo&oe...."'"
and Wic.l<.low Gr~t\s.
7. liI-ee ~o..ation. If <:he New Project is to be gated,
placement Of ~ne ga~~ shall be,\n a loc~~ion de~~rmlned 5D1e~y by
ELJH.'
8. tlew oeveloumQot. l1lantl. l11e Al;}gociati.on t ere1;;Jy approve6
of. snd agre"U to suppor~, W" develop1l1e11t Of ~he New project
substantially in ac:eordance with the pre1i1llinlll'Y suldbrision plans
for ..icl<lOW Estaees, daUd Oc~o1><lr 6, 1991. 1~6t >="": .sed J'anuary "
1. 99 8 , ""d the :1=1 con. e ruet iON, pl a"" cla t ed I'ebrua:y 5. 19P e, aDd
reUecting a last .."vis.-d date "g M""Cll 24, 1991, V,epa..od by VIllI.
~saoei~t10n ~111 reasonably c~'i~rat. with BLJR c,. ev~dence eu"~
appruval and support. In consj,'le"adol1 of the imp',av_tS 1:0 t>e
..ad" pursuant to t\1i.S Agl'""",,,nc:. A960eial:ion rels'lse' wOO<1&tre."
~ar"n..rship . LtC!.. anO IlLJR g :.7':':0 all obligation" ::eat ini to the
sxist.ing oevelopment., exc~Pt. f;;f. exp1:'esslY set fort t1 berei~.
9. iYeeel7~ora. Tn::1G A~r>;;,,;":~~n~ anal1- b~ bi.n.cS.ing u~ anc! inur,
to the benef1e of the p"""i0," hareto and their successors anc
4~:iigns.
IN W:ITI'IBSS Wl!EREOF. the parties hereto !lav, executed "hi"
~reement this q f{... da)' of Iil~,Y, 1998.
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DESCRIPTION:
FROM THE NORTHEAST CORNER OF \';i;nm SPRINGS UNIT 3, AS RECORDrD IN PLAT BOOK 17,
P.:"GES 89 AND 90. PUBLIC RECOrDS OF SEMINOLE COUNTY, FlURIDA, RUN SOUTH
87'51'00. WEST ALONG ll1E NORD1Er:L',' BOUNDARY UNE OF SAID 'M -lTER SPRINGS UNIT
3, A DISTANCE OF 355.77 FEEl, mE: ICE LEA V1NG lliE AFORESAID NOTHERL Y BOUNDARY
LINE OF WINTER SPRINGS UNIT 3.:1)1'-.1 NORlli 01 i 1'44. WEST 3~ 0.51 FEET TO THE
POINT OF BEGINNING; THENCE NO~: r:: 70"29'34-", WEST 215.02 FEU; THENCE SOUTH
79'44'00. WEST 630.09 FEET; THEi: ~;: SOUTI-l 35'44'30. WEST 1O:.i.84 FEET: THENCE
SOUTH 00' 5'09" EAST 24-4.83 FEn '1'0 A POINT ON 1HE AFOREME~ nONED NORTHERLY
BOUNDARY UNE OF 'MNTER SPRINGS Ui!IT 3, THENCE SOUn-l 89'44-'51' 'ttC:ST ALONG SAID
NORTHERLY UNE 80.00 FEET; TIKi' .:.: NORTH 00'5'09" '!VEST 423.41 FEn. -n-lENCr:
NORr.i 0';'12'06" EAST 78,51 FEU Ie THE -SOUn-lEAST CORNER OF LC T 10, 'WOODSTREAM
REPLA r, RECORDED IN PUI T 8001< 40. PAGE 39, OF THE PUBLIC REI :ORDS OF SEMINOLE
COUNfT', flORIDA; THENc( RUN ALONG THE NORTHEASTERLY, NORlHERL Y ~D NORTHwtSTERL Y
80UN.DARY OF SAID .WOODSTEAf.~ :~:Tl.A I' mE FOLLOWING COURSES: THENCE NORTH
1016 00. WEST 259.99 FEET; THEi;CC NORTH 11'23'44. WEST 13~',.86 FEET. THENCE
NORTl-f 60"35'58. WEST 40.00 FEET, T1-iENCE NORTH 29"24'02" EAST 10.00 FEET,
THENCE NORTH 60'35'58~ wtST 135.00 FEET; TI1ENCE SOUTH 58'45'51. WEST 156.53
FEET, TO A POINT ON THE NORTHEfSiU1L'( UNE OF 'WOODSTREAM. A~ RECORDED IN PLAT
BOOK 24, PAGES 97 AND 98, OF 111.: fJUBl:lC RECORDS OF SEMINOLE COUNTY, flORIDA,
TIiENCE NORl1-l 45'32'37" !'-IEST AL01.IG SAID NORTHEASTERLY LINE 115.00 FEET TO THE
SOUlliEASTERLY RIGHT-OF-WAY L1j\!~ ur: NANCY CIRCLE. SAID POINT 8EJNG A POINT OF
CURVATURE Of A CURI,ot CONcrA~ $(.: i'I:.jEASTERLY AND HAVING A RADIJS OF 368.65 FEET;
1l-iENCE FROM A TANGENT BEARING 0.. ; 'ORTH 44"27'83" EAST, RUN NO!'~THEAS1ERL Y ALONG
l1iE ARC OF SAID CURVE AND SAID :~OUTHEASTERLY RIGHT-Of-WA' LINE 65.03 FEET,
ll-lROUGH A CENTRAL ANGLE OF lO'c,(n6~, mENCE LEAVING SAID RI~HT-OF-WAY LINE,
RUN 1HENCE NORTI-i 45'32'37~ \'1(51" .. i.ONG lliE SOU THWESTERL Y UIIE OF LOT 305. OF
SAID .WOODSTREAM" AND NORTI1WESTr~I:'I.i' EXlENSION TI-lEREOF A OISTAIICr OF 357.56 FEET
TO THE CENTERUNE OF HOWELL CREe'. THENCE RUN ALONG THE CEN fERUNE OF HOWELL
CREE,\ THE FOLLOWING COURse;: i'!ORTH 41'08"1" EAST 36 90 ~EET, NORTH
2S.522gD WEST 74.17 FEET; i'!(';;::TH 79'51'51" EAST 71.~2 FEET, SOUTH
75'35'29". EAST 74.53 FEET;I~ORlli 54'29'51" EAST 58,22 FEET; NORTH
5T23'49" WEST 85.20 FEET; [,-!ClRTH 5,.,5'31" EAST 118.E6 FEET; NORTH
43"22:09" WEST 55.00 FEET; Iln~':TH 44.08'11" EAST 141. ~ 9 FEET; SOUTH
47"2209" EAST 31.52 FEET' HCl:~TH 72'35'48. EAST 75J.l FEET; soum
21'36'52" EAST 73.70 FEET: [\jO:~~TH 64'3,'08" EAST 46.70 FEET; NORTH
29.22'08" EAST 151.40 FEET; i'!ORTH all 2"8" EAST 39.E 0 FEET; NORTH
56'54'08" EAST 95.50 FEET' N\iRTH 21'23'08. EAST 42. i 0 FEET; NORTH
61'40'48" EAST 2295 FEET.' SOUTH 40'20'32" EAST 67.CO FEET; SOUTH
82'06'22. EAST 86.80 FEET: NORTI'! 49l3'58" EAST 36.14 FEET; THENCE .LEAVlNG
mE AFORESAID CENTERLINE OF HO';CU_ CREEK, RUN THENCE SOU''}i 17'04'38" EAST
.'365.2~ F~ET; RUN THENCE SOUll, :,:. :~,'13' EAST 765.84 FEET; RI IN THENCE SOUTH
75'5242 EAST 331.30 FEET. RUi" :: :ENCE SOUTH 0111'44" EA~:T 41e.79 TO l11E
POINT OF BEGINNING.
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CHICAGO TITLE INSURANCE COMPANY
LIMITED TITLE SEARCH CERTIFICATE FOR
THE PROPOSED PLAT OF WICKLOW
DATE:
October 14/ 1998
TO:
City of Winter Springs
c/o Steve Samaha
220 Lawn Avenue
Tampa/ FL 33634
CTIC #
119604993-A
We have caused a search to be made of the Public Records of Seminole
County/ Florida/ from the earliest public records through October 7, 1998,
as to the following described real property:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
AND FIND the owner of record
WICKLOW, LTD., a Florida limited partnership
THE ABOVE is the same as the named owner in the Dedication on Plat
designated:
WICKLOW
ALL MORTGAGES not released or satisfied of record are as follows:
1. Mortgage and Security Agreement executed by WICKLOW, LTD., a Florida
limited partnership, to AMSOUTH BANK, an Alabama State Charter Bank, .
dated June 26, 1998, filed on July 8, 1998, in Official Records Book
3457, Page 1438, in the Public Records of Seminole County, Florida.
2. Assignment of Leases, Rents, Profits and Contract Rights from Wicklow,
Ltd., a Florida limited partnership, to AmSouth Bank, recorded July 8,
1998, in Official Records Book 3457, Page 1454, of the Public Records
of Seminole County, Florida.
3. UCC-1 Financing Statement from wicklow/ Ltd. to AmSouth Bank, recorded
July 8, 1998, in Official Records Book 3457, Page 1464, of the Public
Records of Seminole County, Florida.
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119604993-A
Page 2
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OTHER MATTERS of record are as follows:
1. Subject to riparian rights.
2. Easement Agreement recorded in Official Records Book 1306, Page 297,
of the Public Records of Seminole County, Florida.
3. A 20 foot wide Sanitary Sewer Easement running East-West through the
property, recorded in Official Records Book 1027, Page 619-620/ of the
Public Records of Seminole County, Florida. NOTE: To be deleted upon
platting and termination of easement.
4.
Utility Easement recorded in Official Records Book 1260, Page 1631, of
the Public Records of Seminole County, Florida. NOTE: To be deleted
upon platting and termination of easement.
1998 taxes are PAID as to the following parcels:
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Parcel No. 31-20-31-5BB-0000-002A
Parcel No. 31-20-31-5BB-0000-002C
Parcel No. 18-21-31-502-0000-3050
Parcel No. 18-21-31-502-0000-3060
Parcel No. 18-21-31-502-0000-3070
Parcel No. 18-21-31-502-0000-3080
Parcel No. 18-21-31-502-0COO-0000
.
14'
CHICAGO TITLE INSURANCE COMPANY
CERTIFICATE OF OWNERSHIP
This search is for the purpose of providing title information to the County
and/or City governmental department which regulates land development, and
it not to be used for the issuance of any title insurance commitment and/or
policy. .
The company's maximum liability for any error or omission in this
certificate is limited to $1,000.00 in accordance with Florida Statute
627.7843.
IN WITNESS WHEREOF, Chicago Title Insurance Company has caused these
presents to be signed and its Corporate Seal affixed hereto on this
14th day of October, 1998.
(Seal)
CHICAGO :ITL~SURANCE. COMPANY
U ,/I 71 ~ ~_._._--_._--_.~
DAVID R. PALMER/dh
.
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119604993-A
EXHIBIT "A"
From the Northeast corner of Winter Springs Unit 3, as recorded in Plat
Book 17, Pages 89 and 90, Public Records of Seminole County, ~lbrida, run
South 87051'00" West along the Northerly boundary.line of said Winter
Springs Unit 3, a distance of 356.77 feet, thence leaving the aforesaid
Northerly boundary line of Winter Springs Unit 3, run North 01011'44" West
350.51 feet to the Point of Beginning; thence North 70029'34" West 215.02
feet; thence South 79044'00" West 630.09 feet; thence South 36044'30" West
103.84 feet; thence South 00015'09" East 244.83 feet to a point on the
aforementioned Northerly boundary line of Winter Springs Unit 3, thence
South 89044'51" West along said Northerly line 80.00 feet; thence North
00015'09" West 428.41 feet, thence North 04012'06" East 78.61 feet to the
Southeast corner of Lot 10, "Woodstream Replat", recorded in Plat Book 40,
Page 39, of the Public Records of Seminole County, Florida; thence run
along the Northeasterly, Northerly and Northwesterly boundary of said
"Woodstream Replat" the following courses: thence North 10016'00" West
259.99 feet; thence North 11023'44" West 135.86 feet, thence North
60035'58" West 40.00 feet, thence North 29024'02" East 10.00 feet, thence
North 60035'58" West 135.00 feet; thence South 58046'51" West 156.53 feet,
to a point on the Northeasterly line of "Woodstream" as recorded in Plat
Book 24, Pages 97 and 98, of the Public Records of Seminole County,
Florida, thence North 45032'37" West along said Northeasterly line 115.00
feet to the Southeasterly right-of-way line of Nancy Circle. Said point
being a point of curvature of a curve concave Southeasterly and having a
radius of 368.65 feet; thence from a tangent bearing of North 44027'83"
East, run Northeasterly along the arc of said curve and said Southeasterly
right-of-way line 65.03 feet, through a central angle of 10006'26", thence
leaving said right-of-way line, run thence North 45032'37" West along the
Southwesterly line of Lot 305, of said "Woodstream" and Northwesterly
extension thereof a distance of 367.56 feet to the centerline of Howell
Creek, thence run along the centerline of Howell Creek the following
courses: North 41008'11" East 36.90 feet, North 25052'29" West 74.17 feet;
North 79051'51" East 71.32 feet, South 75035'29" East 74.63 feet; North
54029'51" East 58.32 feet; North 57023'49" West 85.20 feet; North 51015'31"
East 118.86 feet; North 43022'09" West 65.00 feet; North 44008'11" East
141.79 feet; South 47022'09" East 31.52 feet; North 72035'48" East 75.81
feet; South 21036'52" East 73.70 feet; North 6403,1'08" East 46.70 feet;
North 29022'08" East 151.40 feet; North 01012'18" East 39.60 feet; North
56054'08" East 95.50 feet; North 21023'08" East 42.70 feet; North 61040'48"
East 22.95 feet; South 40020'32" East 67.00 feet; South 82006'22" East
86.80 feet; North 49013'58" East 36.14 feet; thence leaving the aforesaid
centerline of Howell Creek, run thence South 17004'38" East 365.28 feet;
run thence South 31044'13' East 765.84 feet; run thence South 75052'42"
East 331.30 feet, run thence South 01011'44" East 418.79 to the Point of
Beginning.
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
January 21, 1999
TO: vlLand Management Coordinator
Donald LeBlanc
FROM: City Engineer /}y( .4-//'"
Mark L. Jenkins, P.E. U
SUBJECT: Wicklow Greens - Maintenance Bond
I am in receipt of the engineer's opinion of the costs of improvements for sanitary
and water for the subject project. His letter is dated Januaryl8, 1999.
His estimate of cost of improvements is $164,764.95. Ten (10%) percent of this
cost is $16,476.50. I recommend this amount be used for the two (2) - year maintenance
bond.
If you have any questions, please let me know.
cc: Community Development Director
Public Works/Utility Director
'l.:r ~ ......,~'~7''''''~T\\ ~IOJn':~'
r) ~ J:;;','L",.: L1L '\9" .U!r.tv '
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February 24, 1999
FEB 2 5 1'999
W oodstreamlWicklow H. O.A.
1006 Nancy Circle
Winter Springs, FL 32708
CiTY C . '/'.!:; ;n:R S!::RINGS
C:t/ i'\!"~S:i.1ciger
..
Mr. Ronald W. McLemore
City Manager
Winter Springs City Hall
1126 East State Road 434
Winter Springs, FL 32708
Dear Mr. McLemore,
At a meeting of the Board of Directors ofWoodstream/Wicklow, we thoroughly discussed the
problem of the elimination of the common grounds behind the old lots 305,306,307 and 308 of
the Woodstream plat recorded January 12, 1981.
We sincerely believe that a mistake has been made in incorporating the common grounds into
Wicklow Greens at Tuscawilla. We would like this mistake corrected by the necessary parties.
Please advise Roger .Owen of the corrective actions you are taking. You can reach Me. Owen at
365-7859 or 327-6600.
Sincerely yours,
/~ ~ /J
6cL~.
~C~<<- ~ ~ c1(
Sara Jo Rusch (j' .
Treasurer, W oodstreamIWicklow
R ger Owen
,resident, WoodstreamlWicklow
~~JAtc
Terry Scarlata
Vice Pres.lSecretary, WoodstreamlWicklow
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708,2799
Telephone (407) 327-1800
February 26, 1999
..
William Stueber, P .E.
Vanasse Hangen Brustlin, Inc.
135 West Central Boulevard
Suite 1150
Orlando, FL 32801-2436
RE: Wicklow Estates - "As-Built" Inspection
Dear Mr. Stueber:
A follow-up "as-built" inspection of the completed site was performed recently and all Engineering
Division deficiencies have been corrected. I am in receipt of a signed agreement from the
developer to install landscaping around the cul-de-sac on Nancy Circle.
The "as-built" inspection fee has been paid and the Letter-of-Certification from you has been
received. I recommend this site be accepted by the City Commission as completed in general
compliance with the approved engineering plans. if all other departments have no
outstanding deficiencies.
;;r;~IJ~
Mark L. Jenkins, P.E.
City Engineer
cc: Community Development Director, Charles Carrington
Land Development Coordinator, Don LeBlanc
Bill Stu.eber, P.E.. FAX#: 839-4008
,.
March 10, 1999
To:
Bob Guthrie, City Attorney 1fi3' --."
. .~
From: Don LeBlanc, Land Development Coordinato ~~
Re: Proposed Maintenance Bond
Wicklow Greens at Tuscawilla
Attached for your review is the proposed maintenance bond for the acceptance of improvements
within Wicklow Greens at Tuscawilla.
The City Engineer recommended that the maintenance bond be issued in the amount of
$16,476.50 (please see attached City Engineer mem). The bond has been issued in the amount of
$16,477.00
On February 25, 1999, I contacted Harold of the Florida Department of Insurance and he stated
that The Mountbatten Surety Company, Inc., has been licensed in the State since June 15, 1998
and meets all regulatory requirements of the State.
I have instructed the developer to make two (2) changes to the bond and these changes can be
made by addendum. These are:
l) Approval date must read March 22, 1999; and,
2) The name of the subdivision is to be Wicklow Greens at Tuscawilla vice Wicklow
Estates subdivision (this was the original name).
All else appears to be proper.
\~
..
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708,2799
Telephone (407) 327-1800
January 21, 1999
TO: v/Land Management Coordinator
Donald LeBlanc
FROM: City Engineer /}y[~/"
Mark L. Jenkins, P.E. {/
SUBJECT: Wicldow Greens - Maintenance Bond
I am in receipt of the engineer's opinion of the costs of improvements for sanitary
and water for the subject project. His letter is dated January I 8, 1999.
His estimate of cost of improvements is $164,764.95. Ten (10%) percent of this
cost is $16,476.50. I recommend this amount be used for the two (2) _ year maintenance
bond.
If you have any questions, please let me know.
cc: Community Development Director
Public Works/Utility Director
.~
"
...--'
...--'
(5J
THE MOUNTBATTEN SURETY COMPANY, INC.
MAINTENANCE BOND
BOND NO: SIGOOOOS-MN
Know All Men By These Presents, That we,
AMOUNT: $16,477.00
(hereinafter called the Principal),
as Principal,. and THE M~UNT BATTE~ SURETY COMPANY, INC. of33 Rock Hill Road, Bala Cynwyd,
Pennsylvama, a corporatIOn duly organIzed under the laws of the Commonwealth of Pennsylvania,
(hereinafter called the Surety), as Surety, are held and firmly bound unto
Blue Ox Land Services, Ine.
The City of Winter Springs (hereinafter called the Obligee),
in the sum of Sisteen Thou. Four Hund. Seventy Seven DOLLARS ( $16,477.00 )
for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal has heretofore entered into a contract with said Obligee dated March 08, 199~
for WickJow Estates Subdivision
, and
WHEREAS, the said contract provides that the Principal will furnish a bond conditioned to guarantee
for the period of two (2) year(s) after approval of the final estimate on said job, by the
owner, against all defects in workmanship and materials which may become apparent during said
period~ and
WHEREAS, the said contract has been completed, and was approved on this 8th
March 19 ~
day of
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal
shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective
materials or workmanship which become apparent during the period of two (2) year(s) from
and after March 9th, 1999 then this obligation shall be void, otherwise to remain in full force
and effect.
Any suit under this bond must be brought within the term of the bond. In no event shall the Surety be
liable for more than the penal sum of this Bond.
By:
WITNESS
~\ '\', . .'-. ~ ~\;)'-(Y\\'0 ~J::\<:~,,_ _
Ralph Lcmh ich
THE MO~T%TTEN SY/\Ft. j C9,.MP;\NY. INC
l3y8ild., W. V }1-1ft"t",U
B/~IWA/{A W. ALDINGER
t'c-
v..e
~~._..
-., ..
J;__._
~
THE MOUNTBATTEN SURETY COMPANY, INc.
Power of Attorney
KNOW ALL MEN ilV THESE PRESENTS: That The Mountbatten Surety Company, Inc., a corporation of thc Commonwealth of Pennsylvania,
has made, constituted and appointed, and by these presents does make, constitute and appoint
BARBARA W. ALDINGER. GERALD K. SIIILE AND/OR KENNETH G. SIIILE ALL OF ALTAMONTE SPRINGS. FL
its true and lawful Attorney,in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a similar nature as
follows:
NOT TO EXCEED SIX MILLION DOLLARS
($6,000,000.00)
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon
the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its corporate seal; and all the acts of
said Attomey-in,Fact, pursuant to the authority hereby given, are hereby ratified and con finned.
This appointment is madc pursuant to the following Oy-Laws which were duly adopted by the Board of Directors of the said Corporation on August 28, 1992 with all
Amendments thereto and are still in full force and effect:
"Article XII: Policies, I3onds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto.
Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, agreements and
other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Corporation: a) by the Chainnan of the
Board, the President or a Vice President, and by the Secretary or an Assistant Secretary; or b) by an Attorney-in-Fact for the Corporation appointed and authorized by
the Chainnan of the I3oard, the President, or a Vice President to make such signature; or c) by such other officers or representatives as the Board may from time to
time detennine.
The seal of the Corporation shall if appropriate be af(jxed then;to by any such officer, Attorney-in,Fact or representative. The authority of such Attomey-in-Fact and
Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by
the Board of Directors or by any person empowered to make such appointment."
IN WITNESS WHEREOF, The Mountbatten Surety Company, Inc. has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly
attested this 24th day of June, 1998.
TilE r.;.o NTBAITEN SURETY COMPANY, INC.
By: II ref.
Kenneth L. Brier, President
On this 24th day of June, 1998, before me personally appeared Kenneth L. Brier, President of The Mountbatten Surety Company, Inc. with whom I am personally
acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is President of The Mountballen Surety Company, Inc.,
the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Corporation; that the seal affixed to said
instrument is such corporate seal; that it was so amxed by order of the Board of Directors of said Corporation; and that he signed his name thereto as President of said
Corporation by like authority.
~~~/~:u fe'
V4-~L
Notary Public
(Seal)
CERTIFICATE
I, the undersigned Secretary of The Mountbatten Surety Company, Inc. do hereby certify that the original Power of Attorney of which the foregoing is a full, true and
correct copy, is in full force and eITect on the date of this Certificate and I do further certify that the Officer who executed the said Power of Attorney was one of the
Officers authorized by the Board of Directors to appoint an Attorney-in-Fact as provided in Section 12-1 of the By-Laws of The Mountballen Surety Company, Inc.
This Certi(jcate may be signed and sealed by facsimile under and by authority of the following provisions of the By-Laws of The Mountballen Surety Company,lnc.:
"Section 12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secrctary on any
certi(jcation of the correctness of a copy of an instrument executcd by an authorizcd person pursuant to Articlc XII. Section 12-1 of the By,Laws appointing and
authorizing an Altomcy,in,Fact to sign in the name and on behalf of the Corporation surcty bonds, underwriting undertakings, or other instruments described in said
Section 12,1, with like effect as if such scaland such signature had been manually arfixcd and made."
In W~E1s Whereof, I have hereunto set my hand and M(jxed the corporate seal of the Corporation to these presents
~hi~ ~ day of _~ "." c: '""'. ' 199<:L.
fhls power of altorney IS only valid with Code /I and the original, red slamp arrixed hereto.
(seal)
~ t! ~< '
Gary L. IJrag ccrctary7-~
(Stamp)
~
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