HomeMy WebLinkAbout1991 01 28 Regular
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January 25, 1991
TO:
City Manager
City Engineer~
Highland Lakes - Preliminary Engineering
FROM:
SUBJECT:
The revised preliminary engineering for the Highland Lakes
project was received on January 24, 1991. All issues of the City's
October 5, 1990 letter have been addressed except for the matter
regarding the twelve (12) inch water line that is to come down
Shepard Road. This issue.will have to be resolved by the City Commission
in conjunction with the developer, Mr. Ron Campbell, Florida Land Company.
On Sheet 2 of 3 of the engineering, there is a note stating
"Shepard Road requires a 6" W.M., and 8" W.M. is to be installed per
request by the City of Winter Springs. The City of Winter Springs to
pay the difference between the two".
It was publicly stated before the City Commission on January 14, 1991
that the Utility Department-West required a twelve (12) inch water main
in lieu of a 6 or 8 inch water main on Shepard Road as per the Master
Water Plan previously approved by the City Commission. The Utility
Director publicly stated that he made an error in originally requesting
that an ~ight (8) inch line be installed.
In addition, Section 9-261(b) of the Land Development Code states
"In no event shall the City be required to pay the cost of the installation
of the water and sewer trunk line system." Therefore, the developer,
Florida Land Company, will be required to pay for all costs for water and
sewer installations. If the developer wishes to have these costs shared,
he would have to go to the Board of Adjustment to obtain a variance to this
requirement.
Next, the developer, Florida Land Company, wishes to delete the need
for a sidewalk on the east side of Shepard Road. Since the east side of the
Shepard Road right-of-way is adjacent to the City limits (boundary), it is
recommended that the Commission grant this reque~t, Reference Section 9-221(b)
Land Development Code. A letter from the Enginee of Record is attached.
Jfg
cc:
Land Development Coordinator
Utility Director-West
Terry Zaudtke-C.P.H.
Building Official
Public Works Director
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January 25, 1991
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.Commonwealth
/ENGINEERING ASSOCIATES
, ., INCUllI'UllArlU
CC0NSULTING ENGINEERS
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Pre,ider\(
John D. Froscher, r.E., C.O.
Vice ')re,idems
James C. Uoyd, r.E.
David E. Allen, P.E.
Senior Associ;lle
Stephen E. Bailey, r.E.
ASSOCiateS
Douglas O. McBriarry, P.E.
Necu M. Downey
Thomas F. Wille, A.ET
Thoma, J. McCann, P.E.
City Commission
City of Winter Springs'
1126 East State Road 434
Winter Springs, Florida
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Attention:
Mr. Leonard T. Koslov, P.E.
City Engineer
Re: Highland Lakes
Sidewalk Variance Request
Commonwealth Project No, 204-05-201
Honorable Commission:
On behalf of our Client, we 'are requesting a variance to the sidewalk
requirement (Section 9-221 of the LOC) which requires sidewalks to be
constructed on both sided of a roadway. We propose to construct
sidewalk, in our project, along the west side of Shepard Road only.
Along all other proposed roadways, we will construct sidewalks on both
sides, os required by code. The reasons for this request ore os
follows:
1. No sidewalk has been installed along the east side of the'
existing portion of Shepard Rood to the north.
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2.
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Any development along the east side of Shepard Road, adjacent to
this project, will be 1n Seminole County and be of an industrial
or commqrcial land use fronting on County Road 419. Dovelopment"
of this nature should not be permitted rear access onto Shopard,
Road into a residential area.
3. A sidewalk along the west side (resi~ntial side) of Shepard
Road, as constructed to the north of this project, would benefit
the residence of this project. However, a sidewalk along the
east side of Shepard Road would be redundant and would cause the
unnecessary removal of trees which will be providing a buffer
from non-residential development to the east.
We appreciate the Commission's indulgence in this matter and hope for a
favorable ruling and granting of this request.
cc: Mr. Donald LeBlanc, ity of Winter Springs, via: HD
Mr. Gerald Chancellor, Chancellor & Associates, via:
Mr. Ron Campbell, Florida Land Company, via: FAX & US
FAX & US
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dom/koslov.025/flm/proj/chrono/via: HD
.2180 WEST S.R. 414. SUITE 3100 . lONGWOOD. FLORIDA 32779.5010. (407) 788.8111 · FAX (407) 77404002 ·
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Conklin, ~ort.r and Holm..
@ ~ ENGINEERS, INC.
~ W. FULTON STREET
POST OFFICE BOX 1976
SANFORD. FLORIDA 32772.1976
TEL .07.322-68., TEL .07.831.5717
FAX U07.33~9
MEMORANDUM
TO:
City of Winter Springs
Attn: Mr. Richard Rozansky
Terry M. Zaudtke, P.E.
FROM:
RE:
Master Plan Water Mains
CPH Project No. 6136.11
DATE:
January 21, 1991
Attached please find a sketch of the water mains in the
immediate vicinity of the Dayron Ponds. We have shown the
12-inch water main extension from Shepard Road to Edgemon Avenue
and then up to S.R. 419. The water main has been highlighted
for easy identification. The 12-inch line along the Dayron
Ponds will be constructed by the City to allow service to the
southern properties. It is anticipated that each developer
along the line will extend the l2-inch line along their
respective properties. By extending thefl2-inch line as shown,
a distribution loop will be formed; thereby providing better
water distribution and fire protection.
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Conklin, ~ort.r and Holm..
ENGINEERS. INC.
a 500 W. FULTON STREET
POST OFFICE BOX 1976
~ ~ SANFORD, FLORIDAJ2772.1976
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LEGEND
C;:t_,6th.e\ PROPOSED 12" PVC
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-.-.-.- PROPOSED a" PVC
MASTER PLAN
MASTER PLAN
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MEMORANDUM
TO:
FROM:
Re:
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS', FLORIDA 32708
Telephone (407) 327-1800
January 24, 1991
All Commissioners
Mayor Kulbes ~
Districting Commission
Name of designee for Districting Board must be made available by
January 28, 1991.
Organizational meeting of Districting Board is tentatively scheduled
for January 30th.
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January 25, 1991
TO:
Mayor
City Commission
& Recreation Director~ ~
FROM:
Glenn Whit~ Parks
City Mana~
Winter Springs Practice Field Schedule for the 1991 Season
THRU:
SUBJECT:
A meeting was held on January 23, 1991, with all the Baseball and Softball
League Presidents in Winter Springs. The three-hour scheduling session
regarding the above was a success with the League Presidents in complete
agreement with their schedules.
It should be noted that these men have the same goal in common and that is
to insure that the children of Winter Springs have an equal opportunity to
participate.
If there is no objection I will form a Winter Springs Baseball and Softball
Committee and appoint Mr. Bob McFarlane as Chairman. The following personnel
are in agreement to serve:
Mr. Robert McFarlane - Chairman
Mr. Chip Gaines - Member
Mr. Bill Post - Member
Dr. Robert Scott - Member
Mr. Gary Massey P.A. - Member
Our purpose is to create one Winter Springs sanctioned league for the 1992
season by consolidation. From the communications I have received from
other Recreation Departments in the area; we are all leaning in the same
direction.
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TERMINATION OF DEVELOPER AGREEMENT
THIS TERMINATION OF DEVELOPER AGREEMENT (hereinafter
referred to as the "Termination") is made and entered into on
this day of January, 1991 by and between GOLF TERRACE, LTD.,
a Flor ida limi ted partnership (hereinafter referred to as the
"Successor Developer") and CITY OF WINTER SPRINGS, a municipal
corporation existing under the laws of the State of Florida
(hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, Ashley Square Limited, a Texas limited partnership
(hereinafter referred to as the "Developer") and the City
previously made and executed that certain Developer Agreement
dated February 28, 1985 and recorded March 29, 1985 in Official
Records Book 1626, Page 1718 of the Public Records of Seminole
County, Florida (the "Initial Developer Agreement"): and
WHEREAS, Developer and City subsequently modified the
Initial Developer Agreement and re-recorded the same as evidenced
by that certain Developer Agreement dated February 28, 1985 (the
second page of which is dated January 30, 1985) and recorded
March 18, 1988 in Official Records Book 1941, Page 137 of the
Public Records of Seminole County, Florida (hereinafter referred
to as the "Amended Developer Agreement"); and
WHEREAS, Richard Rozansky, in his capacity as the City
Manager of the City of Winter Springs, Florida, made and executed
that certain affidavit dated March 17, 1988 and recorded March
18, 1988 in Official Records Book 1941, Page 127 of the Public
Records of Seminole County, Florida (hereinafter referred to as
the "Affidavit"); and
WHEREAS, the Affidavit acknowledges that the City of Winter
Springs does not recognize as valid the Initial Developer
Agreement; and
WHEREAS, Successor Developer is the current owner of the
project and the property which are the subject of the Initial
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Developer Agreement and the Amended Developer Agreement; and
WHEREAS, the Successor Developer and the City desire and
agree to terminate of record the Initial Developer Agreement.
NOW THEREFORE in consideration of the premises hereof and
TEN AND NO/100 DOLLARS ($10.00) in hand paid by Successor
Developer to the City, and other good and valuable consideration
the receipt and sufficiency of which are hereby acknowledged, the
Successor Developer and the City do hereby agree as follows:
1. Termination. The Initial Developer Agreement is hereby
terminated and the Clerk of Court for Seminole County, Florida is
hereby authorized and instructed to cancel the same of record and
the Initial Developer Agreement shall be of no further force and
effect.
2.
Survival of Amended Developer Agreement.
The Amended
Developer Agreement shall in no way be affected by the terms and
provisions of this Termination and the same shall remain in full
force and effect.
3. Binding Effect. This Termination shall be binding upon
the parties hereby and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have made and executed this
Termination in manner and form sufficient to bind them the day
and year hereinafter set forth.
Signed, sealed and delivered
in the presence of:
GOLF TERRACE, LTD., a Florida
limited partnership
By: Golf Terrace, Inc., a
Florida corporation,
Managing General Partner
By:
Ira Mitzner, President
(CORPORATE SEAL)
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CITY OF WINTER SPRINGS
By:
Its:
Dated:
City Clerk
(CITY SEAL)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
day of January, 1991, by Ira Mitzner, as President of Golf
Terrace, Inc., as Managing General Partner of Golf Terrace, Ltd.,
a Florida limited partnership, on behalf of the partnership.
Notary Public
My Commission Expires:
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this
day of January, 1991, by of
City of Winter Springs, on behalf of the City.
Notary Public
My Commission Expires:
45-B047ns
(Rev. 01/16/91)
3
January 25, 1991
TO:
SUBJECT:
City Manager
City Engineer~
Highland Lakes - Preliminary Engineering
FROM:
The revised preliminary engineering for the Highland Lakes
project was received on January 24, 1991. All issues of the City's
October 5, 1990 letter have been addressed except for the matter
regarding the twelve (12) inch water line that is to come down
Shepard Road. This issue.will have to be resolved by the City Commission
in conjunction with the developer, Mr. Ron Campbell, Florida Land Company.
On Sheet 2 of 3 of the engineering, there is a note stating
"Shepard Road requires a 6" W.M., and 8" W.M. is to be installed per
request by the City of Winter Springs. The City of Winter Springs to
pay the difference between the two".
It was publicly stated before the City Commission on January 14, 1991
that the Utility Department-West required a twelve (12) inch water main
in lieu of a 6 or 8 inch water main on Shepard Road as per the Master
Water Plan previously approved by the City Commission. The Utility
Director publicly stated that he made an error in originally requesting
that an ~ight (8) inch line be installed.
In addition, Section 9-261(b) of the Land Development Code states
"In no event shall the City be required to pay the cost of the installation
of the water and sewer trunk line system." Therefore, the developer,
Florida Land Company, will be required to pay for all costs for water and
sewer installations. If the developer wishes to have these costs shared,
he would have to go to the Board of Adjustment to obtain a variance to this
requirement.
Next, the developer, Florida Land Company, wishes to delete the need
for a sidewalk on the east side of Shepard Road. Since the east side of the
Shepard Road right-of-way is adjacent to the City limits (boundary), it is
recommended that the Commission grant this reque~t. Reference Section 9-221(b)
Land Development Code. A letter from the Engineek of Record is attached.
Jig
cc: Land Development Coordinator
Utility Director-West
Terry Zaudtke-C.P.H.
Building Official
Public Works Director
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AMENDMENT TO EASEMENT
THIS AMENDMENT TO EASEMENT is made and executed this day
of January, 1991, by and between GOLF TERRACE, LTD., a Florida
limi ted partnership (hereinafter referred to as the "Successor
Developer") and CITY OF WINTER SPRINGS, a municipal corporation
existing under the laws of the State of Flor ida (hereinafter
referred to as the "City").
WITNESSETH:
WHEREAS, Ashley Square Ltd., a Texas limi ted partnership
(hereinafter referred to as the "Developer") made and executed
. that certain Blanket Easement to and in favor of the City dated
March 31, 1988 and recorded May 5, 1988 in Official Records Book
1955, Page 531 of the Public Records of Seminole County, Florida
(hereinafter referred to as the "Blanket Easement"); and
WHEREAS, the Blanket Easement encumbered all of that certain
property referred to on Exhibit "A" attached to the Blanket
Easement (hereinafter referred to as the "Property"); and
WHEREAS, Successor Developer has succeeded Developer and
Developer's subsequent successor in interest and ti tIe to the
Property; and
WHEREAS, Successor Developer desires to reduce and limit the
Blanket Easement to the portion of the subject property upon
which the City's utility lines, pipes, sewer lines, potable water
. lines, meters and facili ties and structures appurtenant thereto
(hereinafter referred to as the "Facilities") are located; and
WHEREAS, the City has agreed to so limit the Blanket
Easement.
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NOW THEREFORE in consideration of the premises hereof and
TEN DOLLARS ($10.00) in hand paid by the Successor Developer to
the City, and other good and valuable consideration the receipt
and sufficiency of which are hereby acknowledged, the Successor
Developer and the City do hereby agree as follows:
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1.
Modification of Easement Area.
The Easement Area as
contemplated by the Blanket Easement is hereby amended such that
the Easement Area shall be limited to the portion of the
Property, through, upon and under which the Facilities have been
located as more particularly shown on pages C-13 and C-14 of that
certain set of construction drawings prepared by Lochrane
Engineer ing, Job No. 8462 dated as of July 1, 1984 and last
revised on April 4, 1985, a copy of which is attached hereto as
Exhibit "A-l" and by this reference incorporated herein, together
with access rights over and across all paved driveways, parking
areas and access ways necessary for the purpose of providing
. access to the Facilities (the "Easement Area").
2.
Effect of Amendment.
Except as modified and amended
hereby the Blanket Easement shall remain unchanged and in full
force and effect.
3.
Binding Effect.
This Amendment to Easement shall be
binding upon and inure to the benefit of the parties hereto and
their respective successors and assigns.
IN WITNESS WHEREOF the undersigned parties have made and
executed this Amendment to Easement in manner and form sufficient
to bind them the day and year hereinafter set forth.
Signed, sealed and delivered
in the presence of:
GOLF TERRACE, LTD., a Florida
limited partnership
.
By: GOLF TERRACE, INC., a
Florida corporation,
Managing General Partner
By:
Ira Mitzner, President
(CORPORATE SEAL)
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CITY OF WINTER SPRINGS
ATTEST:
By:
Its:
Dated:
City Clerk
(CITY SEAL)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
day of January, 1991, by Ira Mitzner, as President of Golf
Terrace, Inc., as Managing General Partner of GOLF TERRACE, LTD.,
a Florida limited partnership, on behalf of the partnership.
Notary Public
My Commission Expires:
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this
day of January, 1991, by of
City of winter Springs, on behalf of the City.
Notary Public
My Commission Expires:
45-A014ns
(Rev. 01/16/91)
3
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