HomeMy WebLinkAbout2002 03 25 Public Hearings A Second Reading - Ordinance 2002-10 Vacate and Abandon Utility Easement
COMMISSION AGENDA
ITEM A
Consent
Information
Public Hearing XX
Reeular
March 25, 2002
Meeting
~r-at.
leA
'REQUEST: Community Development Department presents to the Commission, the Second
Reading of Ordinance No. 2002-10, which will vacate and abandon a 5 foot wide
utility easement, located along the west side of Lot 15, Parkstone Unit I.
PURPOSE: The purpose of this agenda item is to present to the Commission, the Second
Reading of Ordinance No. 2002-10, which will vacate and abandon a 5 foot-
wide, approximately 115 foot-long utility easement, located on the west side of
Lot 15, Parkstone Unit I, as recorded in Plat Book 56, Pages 17-21 of the public
records of Seminole County, Florida.
CONSIDERA TIONS:
The applicant, Centex Homes, is currently vacating the first of various platted
utility easements that are not needed for utility provision, now or in the
foreseeable future. The applicant and the City's Public WorkslUtility Director
state that a retaining wall is needed on the west side of the lot to protect the
residential structure. City policy prohibits constructing a retaining wall in an
easement. Correspondence from utility providers, the legal description, and a map
are provided as attachments.
Staff has encouraged the applicant to determine the extent of these unnecessary
easements within Parkstone and vacate them all in one comprehensive
application. The applicant has indicated an urgency to resolve this issue for this
particular lot, in order to finalize a closing. Staff still urges the applicant to take a
comprehensive approach to vacating unnecessary easements within the Parks tone
Planed Unit Development.
March 25, 2002
Public Hearing Item A
Page 2
APPLICABLE LAW:
CHARTER. ARTICLE IV. MAYOR AND CITY COMMISSION
Sec 4.14. Actions requiring an ordinance.
In addition to other acts required by law or by specific provisions of this Charter
to be done by ordinance, those acts of the city commission shall be done by
ordinance which:
(6) Conveyor lease or authorize the conveyance or lease of any land of
the city;
Section 4.15. Ordinances in general.
(a) Form. Every proposed ordinance shall be introduced in writing in the form
required for final adoption. No ordinance shall contain more than one subject
which shall be clearly expressed in its title. The enacting clause shall be "The
City of Winter Springs hereby ordains ....."
(b) Procedure. An ordinance may be introduced by any member at any regular
or special meeting of the commission. Upon introduction of any ordinance, it
shall be read in its entirety; provided however the said reading may be by title
only if all members of the city commission so vote. All ordinances shall be read
twice, the second reading of any ordinance shall be by title only and shall follow
the first by a minimum of ten (10) days; provided however, this requirement may
be waived by a unanimous vote of all five (5) members of the commission. All
ordinances shall be posted in the city hall for thirty (30) days after their first
reading.
(c) Effective date. Except as otherwise provided in this Charter, every adopted
ordinance shall become effective at the expiration of thirty (30) days after
adoption or at any date specified therein.
2
March 25, 2002
Public Hearing Item A
Page 3
Section 4.16. Authentication and recording; codification.
The mayor and the city clerk shall authenticate by their signatures all ordinances
and resolutions adopted by the city commission and the city clerk shall record in
full in a properly indexed book kept for that purpose all such ordinances and
resolutions.
FINDINGS: 1) Centex Homes requests to vacate the subject 5 foot-wide utility easement that
extends approximately 115 feet within Lot 15, along its west side.
2) The Public WorkslUtility Director reviewed this request and affirmed that the
subject easement is not needed (now or in the foreseeable future) and that he has
no objection to it being vacated.
3) Letters were received from applicable utility providers, stating no objection to
vacating the easement.
CHRONOLOGY:
January 26, 1998 - Preliminary engineering/final subdivision plans approved by City
Commission.
July 26, 1999 Final subdivision plat for Parks tone Unit 1 approved by City
Commission.
June 25, 2001 Building permit application received by the City; Notice of
Commencement.
February 21,2002 - Memo from Engineering Inspector Zynka Perez, stating need for
retaining wall and to vacate easement.
February 22, 2002 - Temporary Certificate of Occupancy issued by City Building
Official Dennis Franklin
March 11, 2002 - City Commission approved first reading of Ordinance 2002 - 10
3
March 25,2002
Public Hearing Item A
Page 4
RECOMMENDATION:
Staff recommends the City Commission consider and approve Ordinance No. 2002-10.
Staff further recommends that the vacation of other easements within Parkstone be done in a
comprehensive manner.
ATTACHMENT:
A - Proposed Ordinance No. 2002-10
B - Legal DescriptionlMap
C - Acknowledgement from utility providers
D - Zynka Perez memo & Temporary Certificate of Occupancy
COMMISSION ACTION:
4
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ATTACHMENT A
Ordinance
ORDINANCE NO. 2002-10
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, RELATING TO
THE V ACA TION OF A UTILITY EASEMENT WITHIN THE
CITY OF WINTER SPRINGS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner of real property, more particularly described below, has requested
the vacation of a platted utility easement running the length of the westerly boundary of said property;
and
WHEREAS; the City of Winter Springs is not currently using, nor has any plans to use, the
subject utility easement; and
WHEREAS, each provider of utilities, within the City of Winter Springs, has indicated in
writing, a copy of which is on file with the Community Development Department, that it has no
objection to the vacation of the subject utility easement; and
WHEREAS: the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
this reference as legislative findings of the City Commission of Winter Springs.
Section 2. Easement Vacation. The City Commission, in accordance with Section 17-27
of the City Code, hereby vacates the five (5) foot wide utility easement within the west side of Lot
15, Parkstone Unit I, as Recorded in Plat Book 56, Pages 17 - 21, of the Public Records in and for
Seminole County, Florida, and as more particularly described on Exhibit "A" of this Ordinance, the
same being incorporated herein by this reference.
Following adoption of this Ordinance, the same shall be recorded by the City Clerk in the Land
Records for Seminole County, Florida.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. AU prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
City of Winter Springs
Ordinance No, 2002-10
Page 1 of 2
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the validity
of the remaining portions of this ordinance.
Section 5. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2002.
ATTEST:
PAUL P. PARTYKA
Mayor
ANDREA LORENZO-LUACES
City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
F:\Lawyer\jefIb\City of Winter Springs\Ordinances\Vacate Utility Easement.wpd
City of Winter Springs
Ordinance No, 2002-10
Page 2 of 2
ATTACHMENT B
Legal Description/Map
(
.
Eascment Vacation Requcst
Legal Description
Legal Description fOI' easemellt vacation, Lot 15. Park-stone Unit I
Description for vacating the entire 5' Utility E8sementlocated within Lot 15. adjacent to
the Westerly boundary of said Lot 15, and a Portion of the 5' Utility EaSen1elll located
within Lot 15, adjacent to the Northerly boundary of said Lot 15, "Park-stone Unit I ", as
recorded in PlatBook56; Pagesl7~2l'ofthepublic reco-rds ofSeminole'Colli1ty, Flor'id'a
and being more particularly described as follows:
Commence at the platted Southwest lot corner of Lot 15, "Parks tone Unit 1 ", as recorded
in Plat Book 56, Pages 17-21 of the public records of Seminole County, Florida, said lot
corner being the POINT OF BEGINNING; thence North 3 degrees 30 minutes 15
seconds West, with the platted West boundary of said Lot 15, a distance of 114.73 feet;
thence North 80 degrees 48 minutes 21 seconds East, with the platted North boundary of
said Lot 15, a distance of 5,02 feet; thence South 3 degrees 30 minutes 15 seconds East,
said line being 5' perpendicular to and parallel with the platted \Vest boundary of Lot 15,
a distance of 116,90 feet; thence North 75 degrees 02 minutes 29 seconds \Vest, with the
platted South boundary of said Lot 15, a distance of 5,27 feet returning to the Point of
Beginning:
Described Parcefcol1rain:ng 579 Square Feet, more or less.
Lega! Description :)rep2red for the City of Winter Springs, and Centex I-lomes by
V/iliiuil1 !~, Eerx, PSM 6092.
GRAPHICAL ILLUSTRATION OF LEGAL DESCRIPTION
THIS IS NOT A SURVEY
SCALE: " '30',
\
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CURVE DELTA ANGLE RADIUS
C I 34'01'23- 50.00'
J1RC
Tii,'g;ENf
29 78'
15 35'
CHORD CHORD BEARING
29,34' N 40'45'20.w
LINE
L /
BEARING
N 85'28 24-E
0/ S TMICE
25,01
TRACT E
S TORMWA TER
S MANAGEMENT AREA
?So
I 02 '29"
/ E
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LO T 8
w 5,2.1'
OF BEGINNING
<':
0
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V1 IT[
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LOT 16 I
Ul , ONE STORY RES 10ENCE
FIN, Fl, ELEV:20,9
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DESCRIBED PORTION
LO T 9
"-l
C-J LOT 10
S 800 LJ 8 . 2 I - W
/37,53'
80.48'21' E 5.02'
LOT I I
LO T 13
LO T 14
LEGAL DESCRIPTION: Lot I 5 , "PARKSTON[ UNIT I -
occordng 10 Ihe pial Ihereof os recorded In P!at Book 55 ,
01 pages I 7 - 2 I of Ihe Pubhc Records of Seminole County. Florldo,
~
ATTACHMENT C
\
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
Fax (407) 327-6695
February 25, 2002
TO:
FROM:
John Baker, Current Development Coordinator
~
Kipton LockcutT, P.E., Public Works/Utility Director/
RE:
Request for Utility Easement Vacation
Lot 15 - Parkstone V nit 1
We have reviewed the request to vacate the 5' side yard utility easement on Lot 15 of
Parkstone Unit I as provided by Centex Homes and the Winter Springs Utility
Department has no objection to the request.
File
->
02(18/2002 15:40
4076561162
I
TIME WARNER OC~EE
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~ TIME WARNER
" COMMUNICATIONS
February 18. 2002
Vincent C. Marshall
Centex Homes
Parkstone
219 T avestock Loop
Winter Springs, Fl. 32708
Re: Request for Vacation. or Utility Easement
SECfION 35, TOWNSHIP 10, RANGE 30
Dear ~lr. MarshaU,
Time Warner COO1IOunication has reviewed YOW" request for the Vacation of Utility Easement described as:
The S' "Side" Utility Easement located adjacent to the western property line of 431
Sandringbam Court (Lot 15), Parkstono Unit 1
Time Warner Communications has "No Objection" to the Vacation of Utility Easement as described.
Please do riot hesitate to call me at (407) 532-&508 would you have any additional questions regarding this
matter.
'liS
Pol. King
Time Warner COffiIl1\::1:cations
Construction Manager
cc: Marvin L. Usry. Jr., r
Construction Supervisor
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PAGE 01/01
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. B2/19/2BB2 14:51
4B7-359-4434
JAMESTOWN LINE
PAGE B2/B2
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Florida 'Power
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,.", Pro~:t'~~'1l,( ~:.~~!.~.'!;;~~
Febnlary 19, 2002
Mr. Vincent C. Marshall
Centex Homes " Parkstone
219 Ta vestock Loop
Winter Springs, FL 32708
RE: Lot 15, PARKS TONE UNIT 1, according to the plat thereof, as recorded in Plat
Book 56, Pages 17 through 21, of the Public Records of Seminole County, Florida.
Dear Mr. Marshall:
Please be advised tbat Florida Power Corporation has "no objection" to the vacation and
abandonment of that certain portion of 5 foot wide platted utility easement being more
particularly described as the West 5 feet (side lot) LESS the North 5 feet thereof, of Lot 15,
PARKS TONE UNIT 1, according to the plat thew)f, as recorded in Plat Book 56, Pages 17
through 21, of the Public Records of Seminole County, Florida.
If I can be of further assistance, please do not hesitate to contact me.
~;(1(1~?
Easement Specialist
North CentraJ Region
JAMESiOWN ENGINEERING . 2801 WOOl St3t~ Road 420 . Oviedo. FlOrid" 32765 . To/.phone (4071 359-44.29 .
Foc.imll& (d071 359-4449
A Florida (l"OfJI'VSS Cortlnany
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@ BELLSOUTH
a.U8011th Teleoommun(~. lno..
Roan 400 '
!l00 NorIn O~A~
ONndo. Flo1dll 32601
February 15, 2002
VioceMarsbalJ
~ntex Homes
219 Tavestoclc l-e)'or'-"
Wmter Springs, FL 32708
RE: LOI 15 - Parbtonc:
Utility Easement Vacation
5' side lot e8Senle1lt
o Ifioe:
Fex
P Iqfr.
~
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J.6ftt.a,l..OC4t~~,Cd'n
407l.~16
407 ~6n1
eoo~,
407325-6564
fohn O. 1.oQmro. p.e.
o \recta - Pn)t\, ionlnQ
This letter will serve as our notice that BeUSoulh has no conllict, or objection with your request
to vacate the above DOted utility eas.emcnt, pet' your request dAted 2/15102.
p~ ca1Il.gOO-432-4770, to ha\fe all utilities field located prior to any type of work:
cormnenciog.
Should you have any questions, please do not bc3itate to ca1J Martin D. Nosie at (407) 327-D447.
Sincerely,
~~
Mark G. LoCastro
Director - Network Provisioning
mdn
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ATTACHMENT D
J,
TEiVIPORARY C E R T I F I CAT E 0 F 0 C CUP A N C Y
CITYOFWINTERSPRINGS
DEPARTMENT OF BUILDING INSPECTION
This Certific,ate issued pursuanUo the -[cquir~_ments oLScctiol1_ L06.1.3.:ofthe::Standard
Building Code certifying that at the time of issuance this structure (LOT 15) was in'
compliance with the approved engineering. However, the existing site condition between
lot 15 and its adjacent lot 9 &10 requires construction of a landscape/retaining wall. In
order for this wall to be permitted, the builder, Centex Homes, has to vacate the 5-foot
utility easement (right side). Vacation of an casement must meet approval of the City'
Commission and average process time is 60 days. See attachment letter by Utilities
Department/Engineering Department
Use Classification: RESIDENTIAL
Permit: 01-010170
Group:
PUD
Type Construction: Type VI UNPROTECTED
Building Address: 431 SANDRINGHAM COURT
Legal Description: LEGAL LOT 15
P ARK STONE
Building Owner: CENTEX HOMES
385 DOUGLAS AVENUE STE 2000
ALTAMONTE SPRINGS, FLORIDA 32714
By: Date: 02/22/02
OUILDING PERMITS/cos/OI-OIOI70
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE FlOAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (407) 327-1800
February 21, 2002
To: Dennis Franklin, Bldg. Official
David Alamina; Senior Bldg. Lnspector
Thru:
~~pton Lockcuff, P :..E., ~ublic \York~ {\{ltility Director
Kimberley Hall, F,b" City Engmee~~\r
Zyn~a P. .Perez iJ~
Engmeenng Inspect;! '
Lot 15 Parkstone Subdivision
;IY
/
From:
Re:
I have reviewed the lot grading final survey and perfonned inspection of lot 15 of
Parkstone subdivision and found them to meet the approved en!:,rineering. However, the
existing site condition 'between lot 15 and its adjacent Lots 9 & 10 requires construction of
a landscape / retaining wall. In order for this wall to be permitted, the builder, Centex
Homes, has to vacate the 5- foot utility easement (right side). Vacation of an easement
must meet the approval of the City Commission and average process time is 60 days.
Centex Homes has filed application for the vacation of the utility easement and
completed final inspections for lot 15. Centex Homes is requesting the release of the
Certificate of Occupancy and has committed to complete the wall construction
immediately after the vacation of the easement is granted. If the vacation of the easement
will not be approved by the City Commission, Centex Homes will have to contact the
engineer of record to revise the grading on lots 15 and adjacent lots and resolve the
matter with the occupying homeowners.
With the above foregoing conditions, the engineering division recommends
issuance of a Temporary Certi ficate of Occupancy for lot 15 Parkstone.
Please feel free to contact me at extension 316 if you have any questions,
Attachment: Copy or lot grading plan showing affected lots and location of the
proposed wall
.....
.
,i
ORDINANCE NO. 2002-10
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, RELATING TO
THE V ACA TION OF A UTILITY EASEMENT WITHIN THE
CITY OF WINTER SPRINGS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner of real property, more particularly described below, has requested
the vacation of a platted utility easement running the length of the westerly boundary of said property;
and
WHEREAS, the City, of Winter Springs is not currently using, nor has any plans to use, the
subject utility easement; and
WHEREAS, each provider of utilities, within the City of Winter Springs, has indicated in
writing, a copy of which is on file with the Community Development Department, that it has no
objection to the vacation of the subJect utility easement; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests ofthe public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
-1
j
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
this reference as legislative findings of the City Commission of Winter Springs.
~
Section 2. Easement Vacation. The City Commission, in accordance with Section 17-27
, of the City Code, hereby vacates the five (5) foot wide utility easement within the west side of Lot
15, Parkstone Unit 1, as Recorded in Plat Book 56, Page~ 17 - 21, of the Public Records in and for
Seminole County, Florida, and as more particularly described on Exhibit "A" of this Ordinance, the
same being incorporated herein by this reference.
.~
QJ
Following adoption of this Ordinance, the same shall be recorded by the City Clerk in the Land
Records for Seminole County, Florida.
,0
MARYANNE MORSE, CLERK OF CIRCUIT COURT
CLERK OF SEMito.E COOOY
BK 04378 PG 1175
FILE NUM 2002861338
RECORDED 04/12/2002 11129129 AM
RECQRDINB FEES 19.:50
RECORDED BY " Nold.n
City of Winter Springs
Ordinance No. 2002-10
Page I of 2
nl...u.................,
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Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
t'
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the validity
of the remaining portions of this ordinance.
Section 5. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida,' in a regular
meeting assembled bnthe 25th day qf March . ~OO~""'''\''\''
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ANDREA L
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NZO-LUACES
Approv as to legal form and sufficiency for
o 'nter Springs only
Anthony A. Garganese, City Attorney
First Reading: March 11, 2002
Second Reading: March 25, 2002
Effective Date: March is, 2002
,t
City of Winter Springs
Ordinance No. 2002-10
Page 2 of 2
FILE NUM 2002861338
OR BOOK 04378 PAGE tt76
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Eascmcnt Vacation Rcqucst
Legal Description
,
Legal Description rnr CaSel11Cllt v,\cation. Lot 1.5. I\\rkstone unit
Description for vacating the cntirc 5' Utility Eascmcllt located within Lot 15. adjacent to
the Wester! y boundary of said Lot 15, and a Portion 0 f the 5' Uti! i ty Easement located
within Lot 15, adjacent to the Northerly boundary of said Lot [5, "Parkstone Unit I", as
recorded in P[at-Book-56; Pages '17'~2t'ofthepub[ic records of Seminole' COllin)', Floi'id'a
and being more particularly described as follows:
Commence at the platted Southwest lot corner of Lot [5, "Parkstone Unit I ". as recorded
in Plat Book 56, Pages 17-21 of the public records of Seminole County, Florida, said lot
corner being the POINT OF BEGINNING; thence North 3 degrees 30 minutes 15
seconds West, with the platted West boundary of said Lot 15, a distance of 114.73 feet;
thence North 80 degrees 48 minutes 21 seconds East, with the platted NOl1h boundary of
said Lot 15, a distance of 5.02 feet; thence South 3 degrees 30 minutes 15 seconds East,
said line being 5' perpendicular to and parallel with the platted West boundary of Lot IS,
a distance of 116.90 feet; thence North 75 degrees 02 minutes 29 seconds West, with the
platted South boundary of said Lot IS, a distance of 5.27 feet returning to the Point of
Beginning: '
Described Parcetco/ltii!ning 579 Square Feet, more or less.
Legal. Description pn:;pared for the City of Winter Spt:ings, and Centex Homes by
V"["~l'n i" I.T~rx PsM 6(-9?
"I !.l.u .,~ r:..", , _ ,-,1 .1_.
.l.fbIBtUT( UNSAHSFAClv~t
FOR ScANNiNG"
,r
FILE NUM 2002861338
OR BOOK 04378 PAGE 1177
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GRAPHICAL ILLUSTRATION'OF LEGAL ~ESCRIPrION
THIS IS Nor A SURVEY
SCALE: 1- 30'
rRAcr E
S rORI.MIl rEi?
S MANAGEMENr ARE4
/50
0') .
1 c 29-/:
i
!
CURVE O:~TA ANGLE RA~/U5
C I J4.01'2]' 50,00'
I\RC
29,18 '
LINE
l I
BEARING
N 85'28'24-E
01 5 rANCE
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Lor 14
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OF BEGINNING
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DESCRIBED PORTION
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LOT 10
/37.53'
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LOT II
LOT I J
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LEGAL DESCRPrlON: Lot I 5 _ - PARKSro,\,:: LNr I -
accordtv] /0 ,he plot thereof os record\!d 61 P!al [Jook 55 ,
a' poges I 1 " 2 I of the PJk aecord; of S~m;"oIe Ccc''''y. Florida,
t$iBtUTY UNSATISFACTURt.
.fOR SCANNING
F I LeJNDM ' 2002861338
OR "B9;g:~~;P.ft378 PAGE 1178