HomeMy WebLinkAbout2008 01 14 Public Hearings 501 Resolution 2007-53 Vacating 73-Square Foot portion of Blumberg BoulevardCOMMISSION AGENDA
ITEM 501
January 14.2008
Meeting
REQUEST:
Consent
Informational
Public Hearing x
Regular
~~~lp~U~
Mgr. / ~ Att. / Dept.
The City Attorney's office requests the City Commission approve Resolution 2007-53, vacating a
73-square foot portion of Blumberg Boulevard and conveying same to Tuskawilla Associates, LLC,
the only adjoining private property owner.
PURPOSE:
The purpose of Resolution 2007-53 is to vacate a 73-square foot portion of the Blumberg Boulevard
right-of--way and to convey the right-of--way to Tuskawilla Associates, LLC.
APPLICABLE LAW AND PUBLIC POLICY:
Chapter 166, F.S. Florida Municipal Home Rule Powers Act
Section 17-27, City Code Vacating and abandoning streets and alleys
CONSIDERATIONS:
On May 29, 2007, the City Commission was advised of a request made by Tuskawilla
Associates, LLC to acquire a 73-square foot portion of Blumberg Boulevard to accommodate
an encroachment from Town Center Building 17. The right-of--way encroachment was
discovered during the preparation of the finished floor elevation and foundation survey and
is a result of a minor miscalculation of the building setback on the original building
foundation survey.
Page 1 of 2
The City Commission agreed to vacate the 73-square foot portion of the Blumberg Boulevard
right-of--way and to convey that portion of the right-of--way to Tuskawilla Associates, LLC
at fair market value.
The fair market value of the right-of--way was estimated at $803.00. Tuskawilla Associates,
LLC has already remitted payment to the City for the fair market value of the right-of--way
plus fees for recording and documentary stamps.
STAFF RECOMMENDATION:
The City Attorney recommends the City Commission approve Resolution 2007-53 vacating the 73-
square foot portion of the Blumberg Boulevard right-of--way and convey same to Tuskawilla
Associates, LLC..
ATTACHMENT:
Resolution 2007-53
COMMISSION ACTION:
On May 29, 2007, the City Commission agreed to vacate the 73-foot portion of the Blumberg
Boulevard right-of--way and dedicate the right-of--way to Tuskawilla Associates, LLC.
Page 2 of 2
RESOLUTION N0.2007-53
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, FLORIDA, VACATING A 73-SQUARE-FOOT PORTION OF
BLUMBERG BOULEVARD RIGHT-OF-WAY LEGALLY DESCRIBED IN
COMPOSITE EXHIBIT "A," ATTACHED HERETO AND FULLY
INCORPORATED HEREIN BY THIS REFERENCE, WHICH SHALL
RESULT IN THE VACATED RIGHT-OF-WAY BEING CONVEYED TO
THE ONLY ADJOINING PRIVATE PROPERTY OWNER, TUSKAWILLA
ASSOCIATES, LLC; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, the City is currently involved in constructing and permitting the Winter Springs
Town Center in accordance with the goals, policies and objectives stated in the City's
Comprehensive Plan and City Code; and
WHEREAS, the Winter Springs Town Center is a major development project that consists
of hundreds of acres of land located approximately within the center of the City and said Town
Center is of substantial public importance to the City and its citizens; and
WHEREAS, Building 17 of Winter Springs Town Center project is encroaching into the
Blumberg Boulevard Right-of--Way; and
WHEREAS, the City does not need the vacated right-of--way to provide connectivity of
roadways or to handle anticipated traffic; and
WHEREAS, on May 29, 2007, the City Commission agreed to vacate a 73-square-foot
portion of the Blumberg Boulevard Right-of--Way, thereby conveying said vacatedRight-of--Way to
the only adjoining private property owner, Tuskawilla Associates, LLC,; and
WHEREAS, the City Commission of the City of Winter Springs finds that this Resolution
is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
fully incorporated by this reference.
Section 2. Vacation of Right-of-Wav Authorized. The City Commission hereby
authorizes the vacation of the 73-square-foot portion of Blumberg Boulevard Right-of--Way, which
City of Winter Springs
Resolution ?007-~3
Page 1 of 2
is legally described in Composite Exhibit "A," attached hereto and fully incorporated herein by this
reference. Said vacation shall lawfully result in the City remising, releasing, quit claiming and
conveying any and all interest in said vacated right-of--way to Tuskawilla Associates, LLC, as the
only adjoining property owner.
Section 3. Severability and Invalid Provisions. If any section, subsection, sentence,
clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining portion hereto.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby
repealed to the extent of the conflict.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs.
DONE AND ADOPTED at a regular meeting this day of , 2008.
Jahn F. Bush, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
City of Winter Springs
Resolution 2007-53
Page 2 of 2
SKETCH OF DESK `PT ION
VACATING RIGHT OF WAY
LEGAL DESCRIPTION:
Composite Exhibit "A"
A PORTION OF 81UMBERG BOULEVARD, A5 RECORDED 1N OFFICIAL
RECORDS BOOK 4560, PAGE 1527 AND A PORTION OF TRACT " A`
(ADDITIONAL RIGHT OF WAY )WINTER SPRINGS TOWN CENTER - A REPEAT
AS RECORDED IN PLAT BOOK 69, PAGES 96 THROUGH 98, PUBLIC RECORDS
OF SEMINOLE COUNTY FLORIDA BEING MORE PARTICULARLY DESCR18E0
AS FOLLOWS:
COMMENCE AT THE MOST EASTERLY CORNER OF LOT 2 WINTER SPRINGS
TOWN CENTER - A REPLAY, AS RECORDED IN PLAT BOOK 69, PAGE5 96
THROUGH 98 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, f LORIDA;
THENCE NT!•23'5I"W, ALONG A NORTHERLY LINE OF SA10 LOT 2, A
DISTANCE OF 224.!8 FEET TO AN EASTERLY LINE OF SAID LOT 2; THENCE
DEPARTING SAlO NORTHERLY LINE , N18.36'09"E ALONG SAID EASTERLY
LINE, A DISTANCE OF 194.76 FEET FO THE SOUTHERLY RIGHT OF WAY LINE
OF BLUMBERG BWLEVARD; THENCE DEPARTING SA/0 EASTERLY LINE
Nll'23'56"W. ALONG SAlO SOUTHERLY RIGHT OF WAY LINE, A DISTANCE
OF 96.64 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE
N71'23'56"W, A DISTANCE OF 73.00 FEETt THENCE DEPARTING SAID
SOUTHERLY RIGHT OF WAY LINE NI8'36'04"E, A DISTANCE OF I.00 FEET;
THENCE 571°23'56"E, A DI5TANCE OF 73.00 FEET; THENCE 518`36'04"W, A
DISTANCE OF 1.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.002 ACRES OR 73 SQUARE FEET MORE OR LESS
SURVEYORS REPORT:
1. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTHERLY RIGHT OF WAY LINE OF
BLUMBERG BOULEVARD BEING Nll'23'S6"W, PER PLAT BOOK 69, PAGES 96 THROUGH 98.
LEGEND:
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
P8 PLAT 800K
PG(S 1 PAGE( S 1
PSM PROFE55/ONAL SURVEYOR AND MAPPER
R/W RIGHT .OF WAY
OR8 OFFICIAL RECORDS BOOK
LOCHRANE ENGINEERING. INC.
L.B. No. 2856
THIS IS NOT A BOUNDARY SURVEY
cDllSUrfrll9 ER(Jll~IS $UN8y0fS
201 Sauth 8umby Avenue.Orlando. Florida 32803 (4071896-33/7
PREPARED FOR: WSTC ASSOCfATFS,~LLCJ~ ~~
Christopher A. LoBerge ~ DATE: 05/Z2/2007 DRAWN 8Y: ECR
PSM No. 60/4 REVISED: J08 No.: 03067,!1
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL SHEET f OF 2
OF A FLDRIOA LICENSED SURVEYOR AND AlAPPER SCALE: N/A
SKETCH OF DESt ~PTION
~oor~N,,,VACATING RIGHT QF WAY
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Conscllting Engineers • Surveya's.
201 South Bumby Avenue.OrlandaFlorlda 32803 14071836-3317
PREPARED PoR: TUSKAWILLA ASSOCIATES, LLC
wcrn ncrnran rcc r r ~
DATEr 05/22/2007
REVISED:
SCALEr f" 6O'
DRAWN BYr ECR
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RESOLUTION NO. 2007-53
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, FLORIDA, VACATING A 73-SQUARE-FOOT PORTION OF
BLUMBERG BOULEVARD RIGHT -OF -WAY LEGALLY DESCRIBED IN
COMPOSITE EXHIBIT "A," ATTACHED HERETO AND FULLY
INCORPORATED HEREIN BY THIS REFERENCE, WHICH SHALL
RESULT IN THE VACATED RIGHT-OF-WAY BEING CONVEYED TO
THE ONLY ADJOINING PRIVATE PROPERTY OWNER, TUSKA WILLA
ASSOCIATES, LLC; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, the City is currently involved in constructing and permitting the Winter Springs
Town Center in accordance with the goals, policies and objectives stated in the City's
Comprehensive Plan and City Code; and
WHEREAS, the Winter Springs Town Center is a major development project that consists
of hundreds of acres of land located approximately within the center of the City and said Town
Center is of substantial public importance to the City and its citizens; and
WHEREAS, Building 17 of Winter Springs Town Center project is encroaching into the
Blumberg Boulevard Right-of-Way; and
WHEREAS, the City does not need the vacated right-of-way to provide connectivity of
roadways or to handle anticipated traffic; and
WHEREAS, on May 29, 2007, the City Commission agreed to vacate a 73-square-foot
portion ofthe Blumberg Boulevard Right-of- Way, thereby conveying said vacated Right-of- W ay to
the only adjoining private property owner, Tuskawilla Associates, LLC,; and
WHEREAS, the City Commission of the City of Winter Springs finds that this Resolution
is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
fully incorporated by this reference.
Section 2. Vacation of Right-of-Way Authorized. The City Commission hereby
authorizes the vacation of the 73-square-foot portion of Blumberg Boulevard Right-of- Way, which
City of Winter Springs
Resolution 2007-53
Page 1 of2
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is legally described in Composite Exhibit" A," attached hereto and fully incorporated herein by this
reference. Said vacation shall lawfully result in the City remising, releasing, quit claiming and
conveying any and all interest in said vacated right-of-way to Tuskawilla Associates, LLC, as the
only adjoining property owner.
Section 3. Severability and Invalid Provisions. If any section, subsection, sentence,
clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining portion hereto.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby
repealed to the extent of the conflict.
Section 5. Effective Date. This Resolution shall become effec!i:y,~,invnediately upon
adoption by the City Commission of the City of Winter Springs." ';f;~ I' '\. \.,
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this /~ d~~Y Of~'''~~!4~<;~~,,''~008.
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DONE AND ADOPTED at a regular me .
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ATTEST:
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Approved as to legal form and sufficiency for
the City 0 . nter Springs only:
Anthony A. arganese, City Attorney
o _ f 0 ~o>- 2.- 't?'7:?
, ~l. ~ 3~<;(OL
City of Winter Springs
Resolution 2007-53
Page 2 of2
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THIS IS NOT A BOUNDARY SURVEY
LOCHRAME
Consultlng Engineers . Survejors'
2.01 South Bumby Avenue. Orlando. Florida 32803 1407J 896-3317
PREPARED FOR' TUSKAWILLA ASSOCIATES. LLC
. WSTC ASSOCIA TES. LLC
DATE, OS/22/2007 DRAWN BY: feR
REVISED: JOB No.: 03061.17
SCALE, ,. = 60' SHEET 2 OF 2
.- .
SKETCH 'OF DESt 'PTION
VACA TING RIGHT OF WAY
Composite Exhibit" A"
LEGAL DESCRIPTION:
A PORTION OF BLUMBERG BOULEVARD. AS RECORDED IN OFFICIAL
RECORDS BOOK 4560. PAGE 1527 AND A PORTION OF TRACT" A"
(ADDITIONAL RIGHT OF WAY)WINTER SPRINGS TOWN CENTER - A REPLA T
AS RECORDED IN PLAT BOOK 59. PAGES 95 THROUGH 98. PUBLIC RECORDS
OF SEMINOLE COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE MOST EASTERLY CORNER OF LOT 2 WINTER SPRINGS
TOWN CENTER - A REPLAT. AS RECORDED IN PLAT BOOK 59. PAGES 96
THROUGH 98 OF THE PUBUC RECORDS OF SEMINOLE COUNTY. FLORIDA;
THENCE N71'23'51"W. ALONG A NORTHERLY LINE OF SAID LOT 2. A
DISTANCE OF 224.18 FEET TO AN EASTERLY UNE OF SAID LOT 2; THENCE
DEPARTING SAID NORTHERLY UNE . NI8'35'09"E ALONG SAID EASTERLY
UNE. A DISTANCE OF 194.76 FEET TO THE SOUTHERLY RIGHT OF WAY LINE '
OF BLUMBERG BOULEVARD: THENCE DEPARTING SAID EASTERLY LINE
N71'23'56"W. ALONG SAID SOUTHERLY RIGHT OF WAY UNE. A DISTANCE
OF 46.64 FEET FOR A POINT OF BEGINNING: THENCE CONTINUE
N71'2J'56"W. A DISTANCE OF 73.00 FEET: THENCE DEPARTING SAID
SOUTHERLY RIGHT OF WAY LINE NIB'36'04"E. A DISTANCE OF 1.00 FEET:
THENCE S71'23'56"E. A DISTANCE OF 73.00 FEET: THENCE SI8'36'04"W. A
DISTANCE OF 1.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.002 ACRES OR 73 SQUARE FEET MORE OR LESS
SURVEYORS REPORT:
I. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTHERLY RIGHT OF WAY LINE OF
BLUMBERG BOULEVARD BEING N71'2J'56"W. PER PLAT BOOK 69. PAGES 96 THROUGH 98.
LEGEND:
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\. L.B. No. 2856
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POINT OF BEGINNING
POINT OF COMMENCEMENT
PLAT BOOK
PAGE( S )
PROFESSIONAL SURVEYOR AND MAPPER
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THIS IS NOT A BOUNDARY SURVEY
LoeRHANE
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s;- NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL
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Consultlng Englneers . Surve;ors
201 South Bumby Avenue. Orlanda. Florida 32803 (40lJ 896-33/7
PREPARED FOR: ~~~~A~~~CI~~~~:'t[tS. LLC
DATE: OS/22/2007 DRAWN BY: fCR
REVISED: JOB No.: 03067.fl
SCALE: N/A SHEET I OF 2