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HomeMy WebLinkAbout2010 03 30 Code Enforcement Board Special Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD SPECIAL MEETING MARCH 30, 2010 CALL TO ORDER The Special Meeting of Tuesday, March 30, 2010 of the Code Enforcement Board was called to Order by Chairman Laura -Leigh Wood at 7:00 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. Roll Call: Chairman Laura -Leigh Wood, present Vice Chairman James B. Pitts, present Board Member Dick Crenshaw, present Board Member Hugh Fisher, present Board Member Carole Giltz, absent Board Member Gregory Roero, present Board Member Leah Weisman, absent Alternate Board Member #1, Arsenio Calle, arrived at 7:01 p.m. Alternate Board Member #2, Robert Henderson, present Assistant City Attorney Kate Latorre, present Chairman Wood asked that the Record reflect two (2) excused absences, Board Member Carol Giltz and Board Member Leah Weisman; and Alternate Board Members Robert Henderson and Arsenio Calle were in Voting capacity. Next, Chairman Wood asked for a moment of silence and led the Pledge of Allegiance. Continuing, Chairman Wood inquired if there were any "Agenda Changes ". None were noted. Assistant to the City Clerk Coutant swore in the Winter Springs Code Enforcement Inspectors and those who may be providing Testimony during the presentation of the Cases. PUBLIC INPUT No one spoke. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD SPECIAL MEETING - MARCH 30, 2010 PAGE 2 OF 6 REGULAR AGENDA REGULAR 600. Code Enforcement Bureau — Police Department CASE #04- 0005642 Bartholmew D. Phillips 600 Old Sanford Oviedo Road Winter Springs, Florida 32708 -5725 Section 2 -61.5. (Release Of Lien Application) As This Case Was Tabled At The March 16, 2010 Regular Meeting, If The Code Enforcement Board Is Interested In Hearing This Case Again, A Motion To Remove From The Table Would Be First Required, And Then The Code Enforcement Board May Consider This Agenda Item For Further Action. Chairman Wood suggested this Agenda Item needed to have a Motion to remove from the Table. "SO MOVED." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: ALTERNATE BOARD MEMBER CALLE: AYE CHAIRMAN WOOD: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER FISHER: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE MOTION CARRIED. Captain Glenn Tolleson, Code Enforcement Bureau, Police Department reminded the Board that, "This was an Agenda Item that we heard at the normal (Regular) Meeting. It is a request for Rele ase of Lien. In this capacity, the Board is asked to render a recommendation to the City Commission of either; Release the Lien, Release the Lien with conditions, or deny the request." Continuing Captain Tolleson mentioned that the Respondent Mr. Bartholmew Phillips was present, along with Mr. Bob Goff and Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department and then displayed and discussed the Respondent's Release of Lien Application. After Captain Tolleson brought the Board Members up to date with the history of this Case, Vice Chairman James B. Pitts inquired, "Of the three (3) options we have — can we modify the amount of the Lien ?" Captain Tolleson replied, "You all could do that. That would be Approval with conditions." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD SPECIAL MEETING - MARCH 30, 2010 PAGE 3 OF 6 Board Member Arsenio Calle questioned, "One thing I would like to hear is, `How is the City going to benefit' ?" Captain Tolleson responded, "That's all going to be in the next presentation." Mr. Stevenson began his presentation by announcing, "Thank you for having this Special Meeting — it's been a hard puzzle to piece together over the last year and a half, or so." An aerial view was displayed on the screen and Mr. Stevenson acquainted the Board with geographical locations of the Respondent's property and relevant landmarks. Next, Mr. Stevenson explained that several things were trying to be accomplished and pointed out the "Missing link" on the aerial, which he then stated, "We re -zoned this property — on the south of the railroad track between the railroad right -of -way and State Road 419. That has been re -zoned to `C -2'," and added, "What we are talking about in terms of the dedication tonight, is a thirty foot (30') swath, running right along (State Road) 419 for the length of this property - in which will be built the Cross Seminole Trail, `Missing link'." Further discussion of this property ensued. Additionally, Mr. Stevenson expressed to the Board, "Another part of this situation in trying to put the Trail link together is that — you are aware we are currently looking to put in Magnolia Park, it's an outdoor amphitheater in the Town Center. That amphitheater backs up to a portion of the Trail in the Town Center. Neither the City nor Mr. Phillips had tied these two (2) efforts together, however the State did. The State said, `Okay, we know you want some right -of -way for Magnolia Park, we need the right -of -way to complete this section of the Trail. We would like to see it all come forward as one (1) package'. That's how these two (2) efforts got married, neither by the efforts of Mr. Phillips, nor by the efforts of the City, but by the request of the State." Continuing Mr. Stevenson informed the Board, "The Cross Seminole Trail is owned by the State, managed by Seminole County," and then said, "What are the benefits to the City at this point — I think they are twofold. First of all, we get to complete the Cross Seminole Trail in this area — but we also get to build the Magnolia Park Amphitheater, by virtue of the fact that we are able to offset a portion of the right -of- way." Again referring to the aerial, Mr. Stevenson noted, "What we are trying to piece together again is a threefold process. Not only is it the Code Enforcement Fines, but what we are also taking forward is: A) An Ordinance which has been mutually accepted so far to allow this use in the I -1; that Mr. Phillips is looking for, the recycling of secondary materials, non hazardous materials, by the way," and continued, "And second of all, what we would be taking forward is an Agreement. If you were to move forward, you can condition your Approval, based upon the execution of that Agreement, which we have in place right now, it is called, `Code Enforcement Lien Satisfaction Agreement' and stipulates several things." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD SPECIAL MEETING - MARCH 30, 2010 PAGE 4 OF 6 Mr. Stevenson then highlighted the stipulations of the Code Enforcement Lien Satisfaction Agreement by noting, "Mr. Phillips is giving some right —of —way — to complete the improvements to Wade Street, ten feet (10') on the western side of Wade Street. That would be accomplished within thirty (30) days of the effective date of this Agreement. As talked about earlier, he is also dedicating thirty feet ( 30') alon g his frontage of (State Road) 419 for completion of the Trail — the County already has a cross section of the Trail and some landscaping that would go in there and part of that would be a wall that Mr. Phillips would be building as a further benefit to buffer all of this property from the residences over here." Mr. Stevenson then added, "And third, Mr. Phillips is going to fully cooperate with us and help us to get this railroad crossing — from CSX (CSX Corporation, Inc.)." Chairman Wood inquired, "As far as CSX (CSX Corporation, Inc.) goes, how difficult will that be to get that ?" Mr. Stevenson responded, "I have not dealt with them on a pedestrian crossing in the past. A pedestrian crossing will be somewhat easier because again, we are not talking about vehicular traffic; we are simply talking about a crossing of the Trail." Following, discussion ensued on the uses, setbacks, and the value of the property should the Respondent wish to develop it. Additional comments regarding the State of Florida and the City of Winter Springs relationships with the Cross Seminole Trail and this Case developed. Next, there was discussion about Eminent Domain and the Waiver of the Lien and the benefits of the property dedication. Vice Chairman Pitts asked, "Has the State already agreed if we go through with this that they will make that allowance so we can have this structure ?" Mr. Stevenson responded, "That is what my understanding is from Public Works," and added, "The Application for this portion is up at the State waiting to be joined by the portion on (State Road) 419 and they are going to marry those together in their consideration. All indications are as; that I have heard from Public Works; they have been dealing with them, is that they are ready to go with this. They just want it packaged as one (1) deal." Mr. Bob Goff 419 Metal and Auto Recycling Center, 600 Old Sanford- Oviedo Road, Winter Springs, Florida: addressed the Board and stated, "This has been juggling four (4) different balls up in the air and it is now coming down to this particular situation. In order to give the property to the State, it has to be free of the Lien. The State won't take it with the Lien on it. So we need to deal with that. That's why Mr. Phillips has come and asked you to reduce part of the Lien down from eighteen thousand [five hundred dollars] ($18,500.00) to five hundred [dollars] ($500.00) to free the property of its Lien so that we can complete the transaction with the State." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD SPECIAL MEETING - MARCH 30, 2010 PAGE 5 OF 6 Continuing Mr. Goff stated, "I will tell you that David Martin — is the Engineer in charge of this Project with the County. He comes back on Thursday morning and — I will meet with him at 8:00 (a.m.) when he comes off of vacation and we will be setting up a meeting with CSX (CSX Corporation, Inc.) to get the County very satisfied with the ability to get a pedestrian crossing coming on the City owned property." Mr. Goff addressed the ability to build on Mr. Phillips' property, the value of the land and the wall being built by Mr. Phillips. Further discussion ensued regarding the location of the wall in relation to the Trail, release of Lien and Waiving the Fine. "I WOULD LIKE TO MAKE A PAGE 16 MOTION TO `AMEND THE FINE FOR NON - COMPLIANCE' FROM EIGHTEEN THOUSAND, FIVE HUNDRED [DOLLARS] ($18,500.00) TO FIVE HUNDRED [DOLLARS] ($500.00)." MOTION BY BOARD MEMBER FISHER. CHAIRMAN WOOD INQUIRED ABOUT STIPULATIONS OF THE MOTION. ATTORNEY LATORRE REMARKED, "YOU CAN CONDITION IT UPON THE COMPLETION OF THE THREE (3) ITEMS THAT RANDY (STEVENSON) OUTLINED: THE DONATION OF THE WADE STREET RIGHT -OF -WAY, THE WORKING WITH CSX (CSX CORPORATION, INC.) FOR THE RAILROAD CROSSING AND THE DONATION OF THE LAND OF THE CROSS SEMINOLE TRAIL. BUT THOSE THINGS WILL BE MEMORIALIZED IN A WRITTEN AGREEMENT." CHAIRMAN WOOD ASKED, "IS THAT UNDERSTOOD ?" ATTORNEY LATORRE REMARKED, "NOT NECESSARILY. NOT IN THE MOTION THAT WAS MADE." CHAIRMAN WOOD THEN NOTED, "THEN WE NEED TO VOTE ON THE MOTION THAT IS ON THE TABLE, CORRECT? CAN HE AMEND IT NOW ?" ATTORNEY LATORRE STATED, "HE CAN AMEND IT, OR WITHDRAW IT AND RE -STATE IT." BOARD MEMBER FISHER ADDED, "MAKE THE LIEN REDUCTION DEPENDENT ON THE CONDITIONS PREVIOUSLY STATED." ATTORNEY LATORRE STATED "DOES ANYBODY ON THE BOARD OBJECT TO THE AMENDMENT ?" NO OBJECTIONS WERE VOICED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD SPECIAL MEETING — MARCH 30, 2010 PAGE 6 OF 6 ALTERNATE BOARD MEMBER CALLE INQUIRED, "WHICH OF THE THREE (3) ITEMS, AGAIN ?" ATTORNEY LATORRE REPEATED, "THE DONATION OF THE WADE STREET RIGHT -OF -WAY FOR THE CONSTRUCTION OF THE SIDEWALK, THE DONATION OF THE TRAIL LAND TO THE STATE OF FLORIDA, FURTHERANCE OF THE TRAIL AND THE OBLIGATION TO COOPERATE WITH THE CITY AND THE STATE REGARDING THE RAILROAD CROSSING THAT IS REQUIRED TO BRING THE TRIAL NORTH." CHAIRMAN WOODS NOTED, "SECONDED BY VICE CHAIRMAN PITTS." DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE CHAIRMAN WOOD: AYE ALTERNATE BOARD MEMBER CALLE: AYE BOARD MEMBER FISHER: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. Assistant City Clerk Coutant clarified if Page 16, "Motion To Amend Fine For Non - Compliance" needed to be read. Attorney Latorre stated, "I don't think it's necessary." ADJOURNMENT Chairman Wood adjourned the Regular Meeting at 7:40 p.m. RESPECTFULLY SUBMITTED: d C47 L - - • GAYLE COUTANT ASSISTANT TO THE CITY CLERK • NOTE: These Minutes were approved at the April 20, 2010 Code Enforcement Board Regular Meeting. Date: March 30, 2010 This document was referenced at the March 30, 2010 Code Enforcement Board Special Meeting during Regular "600 ". Prepared by and return to Anthony A. Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. PO Box 2873 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32802 CITY OF WINTER SPRINGS CODE ENFORCEMENT LIEN SATISFACTION AGREEMENT THIS CODE ENFORCEMENT LIEN SATISFACTION AGREEMENT ( "Agreement') is made this day of April, 2010, by BARTHOLOMEW D. and CYNTHIA D. PHILLIPS, husband and wife, (collectively "Owner "), in favor of the CITY OF WINTER SPRINGS, a Florida municipal corporation ( "City "). WITNESSETH: WHEREAS, this Agreement is entered into pursuant to section 2- 61.5(9), Winter Springs Code; and WHEREAS, Bartholomew Phillips is the owner of the real property located at 600 Old Sanford Oviedo Road in the City of Winter Springs, which is legally described as Lot 11, lying north of Old Sanford- Oviedo Road, Entziminger Farms Addition No 2, according to the plat thereof as recorded in Plat Book 5, Page9 ( "Lien Property"); and WHEREAS, the Lien Property was previously subject to a code enforcement action brought by the City in accordance with chapter 162, Florida Statutes which resulted in a $18,500 code enforcement lien being recorded against the Lien Property at Seminole County Official Record Book 6289, Page 669 ("Lien "); and WHEREAS, in accordance with section 2 -61.5, Winter Springs Code, Bartholomew Phillips filed with the City an application for the satisfaction of the Lien; and WHEREAS, in exchange for a complete satisfaction of the Lien by the City, Bartholomew Phillips has voluntarily offered the City certain non - monetary consideration related to other real property interests owned by Bartholomew Phillips and his wife, Cynthia D. Phillips; and WHEREAS, on April 12, 2010, after considering the recommendation of the City's Code Enforcement Board, the City Commission accepted the aforementioned non - monetary offer under the terms and conditions of this Agreement; and NOW THEREFORE, in consideration of the provisions contained in this Agreement, and other good and valuable consideration in which the Parties acknowledge, the Parties agree as Page 1 of 5 follows: Section 1. Incorporation of Recitals. The foregoing recitals are true and correct and by this reference are fully incorporated into this Agreement. Section 2. Satisfaction of Lien. The City hereby agrees to completely satisfy the Lien upon the completion of the following conditions precedent: 2.1 Wade Street Conveyance. Within thirty (30) days of the effective date of this Agreement, Owner shall convey fee simple title to the City for the areas depicted and shaded on Exhibit "A," which is attached hereto and hereby fully incorporated herein by this reference. Said conveyance shall be by warranty deed for purposes of allowing the City to make roadway, sidewalk and related landscape and utility improvements. The warranty deed shall be prepared by the City and shall be in a form mutually and reasonably acceptable to the Owner and the City. 2.2 Cross Seminole Trail. Within the time period required by the State of Florida and Seminole County, Owner agrees to convey to the State of Florida fee simple title to the real property which is described as Parcels A and B along State Road 419 on Exhibit "B," which is attached hereto and hereby fully incorporated herein by this reference. 2.3 CSXRailroad Crossing. Owner agrees to fully cooperate with and assist Seminole County and the City to obtain an appropriate railroad crossing permit that is necessary to extend the Cross Seminole Trail in a northerly direction along the western boundary of Owner's property along State Road 419 (Lots 34 & 35 Entziminger Farms Add No 2 PB 5 PG9). 2.4 Payment. Within thirty (30) days of the effective date of this Agreement, Owner shall pay the City Five Hundred Dollars ($500.00) to partially off -set the administrative expenses incurred by the City to process this Lien Satisfaction Agreement. Section 3. Failure to Comply. In the event the conditions set forth in Section 2 of this Agreement are not fully complied with, the Lien shall remain a charge against the Property in the amount of Eighteen Thousand Five Hundred Dollars ($18,500.00). However, the City shall also have the right to specific performance and strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage to the City's desire to relocate the Cross Seminole Trail to a more suitable location for the benefit of the public health, safety, and welfare, and that specific performance of these obligations may be obtained by suit in equity. Page 2 of 5 Section 4. City to Record Satisfaction and Release of Lien; Notice of Termination of Agreement. Upon the completion of the Wade Street and Cross Seminole Trail conveyances required pursuant to sections 2.1 and 2.2 of this Agreement, and the railroad crossing being obtained by Seminole County pursuant to section 2.3, the City shall file a Satisfaction and Release of Code Enforcement Lien, and a Notice of Termination of this Agreement, in the Public Records of Seminole County. Section 5. Representations of the Parties. The City and Owners hereby each represent and warrant to the others that they have the power and authority to execute, deliver and perform the terms and provisions of this Agreement and have taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by the City and Owner, shall constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. Section 6. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Section 7. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by all the parties hereto. Section 8. Entire Agreement. This Agreement supersedes any other agreement, oral or written, regarding the Property and contains the entire agreement between the City and Owners as to the subject matter hereof. Section 9. Severability. If any provision of this Agreement shall beheld to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. Section 10. Effective Date. This Agreement shall become effective upon the execution of this Agreement by all parties hereto. Section 11. Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). Page 3 of 5 Section 12. City Police Power. Owners agree and acknowledge that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. Section 13. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. Section 14. Recordation. This Agreement shall be recorded in the official record books of Seminole County, Florida, and shall be binding against Lot 11, lying north of Old Sanford - Oviedo Road, Entziminger Farms Addition No 2, according to the plat thereof as recorded in Plat Book 5, Page9, and the real property legally described as Lots 33, 34, & 35, Entziminger Farms Addition No 2, according to the plat thereof as recorded in Plat Book 5, Page9. Section 15. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. Section 16. Termination. This Agreement shall terminate upon the satisfaction of all the terms and conditions contained herein. Upon terminations, the City shall record a Notice of Termination as required IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY: CITY OF WINTER SPRINGS, FLORIDA: John F. Bush, Mayor Date: ATTEST: Andrea Lorenzo - Luaces, City Clerk Approved as to Legal Form and Sufficiency City of Winter Springs Only: Anthony A. Garganese, City Attorney Page 4 of 5 WITNESSES: OWNER: Print Name: B y: BARTHOLOMEW D. PHILLIPS Print Name: STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of , 2010, by BARTHOLOMEW D. PHILLIPS, [ ] who is personally known to me or [ ] who has produced as identification. NOTARY PUBLIC, State of My commission expires: WITNESSES: OWNER: By: CYNTHIA D. PHILLIPS Print Name: Print Name: STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of , 2010, by CYNTHIA D. PHILLIPS, [ ] who is personally known to me or [ ] who has produced as identification. NOTARY PUBLIC, State of My commission expires: Page 5 of 5 H L _ , CaVST. JE lf- _�� EXISINIG ) - RAY UNf OF M" RCP --\\,, ` ��!A „� Z �/ f � EX/STNN __ 1 �p.50' ` • \ .. /� V. RAY CNNE ... • `3 ' . i. -TYPE "F" CU.i0 W PAVED S s- 105 \1,. a GUT FULL-DEPTSHOULDER TYPE 'F'-�� , b 1 rr -¥ alt STREET EXISTIIIG FULL W .1010:1M .1010:1M Will.. OVERBUILD. AND RESURFACE, CURU a LIITT£P � + • 1 1 WAO£ STRF.Ei SEYNlOLE COUNTY A 1f � . f nu IF PROPOSED RAW LINE PAVEMENT WIDENING . 1 }" 'b x \ EXIST. LIES � r ' i 01 NI. V 00 EE AELIWEDI SEY/NOIE C(WN/Y '17.f 5 ;y LA \ • 7 . L7NSr. N.Y cc PR RAV LMf El. 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I ,•j» 11 6 GOITER \ / I I ' STA. 206 CAISTRIG I^ OFFSET. 2.74 Rr l l : i p ' i ' 71 RAY LINE -' - - . \ / I 4 0 - i t--14 "'I / L I rNJI! - 1 l / I i .....te -.. - - - - - \ r I i'� / ¢ V �'. 2--. .. ... . 10 k ' . _ I' i _i' : : J ' 1 / W ADE T STREET — � � r - ,Tr. _ /.-3"_ L r � r . ` I C. g • ., . r _ . .. la . I . " ... " , .. _ �; :..1V777 . „; „_._ - — .- it _, _4 �� � 1 --... � . �..?F _� .F• ii' �:s- 'E l, ADA 2 02 -rtf. ,.'6 7 t 203 204 205 2O5 :f: y WAGE STREET N 6 to' n - f I �• - _ - ,1.. -•,:: ;;- --� .-• *ykr- .a.:. uo-d., err.- s:'rv•. -a `..� . WAUF s - I •R EEI �. • . "_.__a:a 1 .x I'. + 11 I I..I -`LF• ` . - • 10� RETF- / ryPS •F• NY8 4 1 any LINE + /.. • • I'•� `• �.. L GUTTER / I Y,. EiISAN6 ,C TRANSITION 1 I PROP. CONSTRUCTION BY OTHERS t(. r •'�' /` RAY UNE I_ EXISTING __._- .• I I ;/ I I / v Q I . / /. I �-- THE COWrfACTOR SHALL CCJRONIATC - I : // / Lt ALL C wl TIIICTIGY Acrr/Es WITHIN ExISr I Ac THE RAILIIOAO RWI,T -OF -WAY WITH � U R. LIaE OLER ICStI 4V7 464 - 02T9. • Ci III, \ \\ .:3. • /(‘ � ExISTNG l _- FNISrIA \Y. INr.� 'I / /L1Y LNL / flAY LAVE . LNIE ` . - EXISTR.G RAY LINE RLYIYIONS ENGINEER OF RECORD: - _ �. -- - -'— _ , —_ —_ CI OF W INTER SPRINGS SNEET Ft N& s, M r ia • P.E. WADE S TREE T IxrLZSNru EASACFEN l Earr•lrE 141.5I4% FtORIDa X0. fauna EXaMCERIi 1 i P egasus ' PLAN SHEET DI NEST STATE ROAD 4Sl.SY1tE ]OI eNOINPFRIN6 ' -- molEC " °. SPAIN I a s r um ( ANIYOarll: Ural erro 5-k. 419 wsC- Ot75 -/ STA. 201 +60.00 TO 206#82.41 14 I,:r. ■••• ,» .+...,. ....ti.m,..M•.,..,.w••••• *•w... • SKETCH OF DESCRIPTION OF PARCEL TO BE DEEDED TO TIIF /GREENWAYS & TRAILS Legal Description I — H CO A: A part of Let 33, ENTZMiNGER FARMS ADDITION NO. 2, according to the plat thereof as recorded in Plat Book 5, Page 9,of the Public Records of Seminole County, being more particularly descr as follows: Commencing at the Northwest Comer of said Lot 33. thence run S.00°44'49'W., along the West Une of said Lot 33, a distance of 134.85 feet fax a POINT OF BEGINNING; thence continue I 5.00 °44'49'W. 30.91 feet to a point on the North Right- 0f-way Une of Stale Road 419; thence run 5.75 °17'46'E., along said North Right -of -way Line. 369.76 feel to the Point of Curvature of a curve concave X Southerly and having .a radius of 3869.72 feet; thence nm Southeasterly, along the arc of said curve 178.54 feet through a central angle of 02°3650' to a point on the West Une of the east 143.14' of said Lot LJJ 33; thence run N.00 °43'08'E., aloe L 31.29 lest to a point on a curve concave Southerly i, g said West Une, y and having a radius of 3899,72; thence run Northwesterly, along the arc of said curve, 168.97 feat terougn a central angie of 02°28'57' to a Point of Tangency; thence run N,75°17'46'W„ along a line 30' Northeasterly of the Right -of -way Line of State Road 419, a distance of 377.24 feel to the Point of „ atom Beginning. Containing 16387,87 square feet and being subject to a 5 fool Landscape and Maintenance Easement over the Northerly 5 feet thereof. PARCEL 13: A part of Lots 34 and 35, E.NTZMINGER FARMS ADDITION NO. 2, according to the plat thereof as recorded in Plat Book 5, Page 9,01 the Public Records of Seminole County, being more id L 34, POINT OF BEGINNING particularly described as follows: Commencing at the Northeast Comer of said Lot 34, thence run S,00°4 along the East Line of said a distance of 134.88 feel for a BEGINNING; thence continue S.00°44'49'W. 30.91 feel to a point on the North Right -of way Line of State Road 419; thence run N.75 °17'46'W,, along said North Right -of -way Line, 1203.41 feet to the Point of Curvature of a e curve concave Northeasterly and having a radius of 2241.83 feet; thence run Northwesterly, along the arc of said curve 445.86 feel through a central angle of 11°23'42' to a point on the West Une of said Lot 35; thence run N,01°00'44'W., along said West Une, 33.76 feet to a point on a curve concave Northeasterly and having a radius of 2211.83; thence run Southeasterly, along the arc of said curve, 455.28 feel through a central angle of 11 8 47'37' to a Point of Tangency; thence run S.75 °17'4t7'E., along a line 30' Northeasterly of the Right -of -way Une of State Road 419, a distance of 1195.95 feel to the Point of t Beginning. Containing 45907.3 square feet and being subject to a 5 foot Landscape and Maintenance Easement over the Northerly 5 feet thereof. SURVEY NOTES: ,? t) This is not a 'Boundary Survey', only a sketch of the above legal descriptions prepared by this surveyor. 2) Bearings shown hereon are based on the east Line of Lot 33 being N.00 °44'49'E. {assumed) 3) This legal description was prepared on 31 October 2008.. Surveyor's Certificate This is to certify that this 'Sketch of Description' of the above - described property and the plat hereon delineated is an accurate representation of the same. I further cer'' gat e. this survey meets the Minimum Technical standards eel forth by the Florida Board of Surveyors and Mappers pursuant to Chapter 61G17 -06 of the Florida Administrative . ode i pursuant to Section 472.027 et the Florida Statutes. p--_ / .: ,.. / r�'•� 1 ,....................,-„,,,,,, ` tf°GI,I.7!A i.e KIT NER SURVEYING, INC. COSA. Warn' •,...,...:- / ° "'"" " :"` R, GLAIR MINER - P.B.M. No. 3382 kV - - P. O. Box 823 - Sanford, Florida 32772 (407) 322 -2000 r \ Not valid without raised seal of Surveyor f 1 \ 'Z''. - S 'La --,•, ` , ',� IV�., � 1 0,14 ° r i ' 1 - P LT K." fI r1; 44'JCL41 r „ - - t�MrX HC COW! A°I 1. A ', � '_ 4a r, 1 \ r C1 t - r " -�. r cirri ,1 .w 3 3 c x..°lvs- 4401 - .-r / 'a,I ` 4°l'p+LI4 tar 33 TIe..o37x'rr U7 ''^ �� y '3,x •5` ( Pelt' W' fR4.W.N t.f. 1 _4 tr et0 11P 14 1 N ' °rut rF - r q�y. srx� *,. oa.t ' � . ' u 4,,,,„,.0, 0243.444c :,e rvo- , r•ra,r r _„ / xtl/-nzyu• _ .k I r ihcu,_..,.m' II ` ' SID 11�. T r r ` .....Aq,� i 'Mr IeWN6°'U $Cr) Q(( T - --- ' r, w ,,._ ,< - -PtyNr CF MX-W11tC -. ' .7 L 1 h.C^ Qt rr .er VI -.% ! i tr1Ctrl. 1 7694' il.7t - m 1 nG -s.nM Tl L PO.). No. 07- 454(0)