The URL can be used to link to this page

Home My WebLink About2026 02 09 Public Hearing 400 - Adoption of Resolution 2026-01: 1447 Bird Road Lot SplitPUBLIC HEARINGS AGENDA ITEM 400 CITY COMMISSION AGENDA | FEBRUARY 9, 2026 REGULAR MEETING TITLE Adoption of Resolution 2026-01: 1447 Bird Road Lot Split SUMMARY The Community Development Department requests that the City Commission review Resolution 2026-01, providing for the division of one originally platted lot owned by Damian Cardona and Kristin Cardona, located at 1447 Bird Road, Winter Springs, Florida 32708 (existing Parcel ID. 11-21-30-507-0000-0020) into two (2) resulting lots of record. Approval of Resolution 2026-01 will be subject to the conditions stated in the Resolution including the requirement for a Cross Access Easement to ensure access to Bird Road from the rear resulting lot. FUNDING SOURCE RECOMMENDATION The Community Development Department recommends the City Commission approve adoption of Resolution 2026-01 providing for the division of 1447 Bird Road. 139 TITLE Adoption of Resolution 2026-01: 1447 Bird Road Lot Split. SUMMARY The Community Development Department requests that the City Commission review Resolution 2026-01, providing for the division of one originally platted lot owned by Damian Cardona and Kristin Cardona, located at 1447 Bird Road, Winter Springs, Florida 32708 (existing Parcel ID. 11-21-30-507-0000-0020) into two (2) resulting lots of record. Approval of Resolution 2026-01 will be subject to the conditions stated in the Resolution including the requirement for a Cross Access Easement to ensure access to Bird Road from the rear resulting lot. General Information Applicant Damian Cardona, Kristin Cardona Property Owner(s) Damian Cardona, Kristin Cardona Location 1447 Bird Road, Winter Springs, FL 32708 Tract Size ±2 Acres Parcel ID Number 11-21-30-507-0000-0020 Zoning Designation R-CI (Single-Family Dwelling District) FLUM Designation RR (Residential Rural): Up to 1.0 dwelling unit/gross acre Adjacent Land Use North: Vacant East: SFR South: SFR West: Vacant Minimum Lot Area 43, 560 sq. ft. (1 acre) Minimum Lot Width/Depth 120 ft. Setbacks Front: 50 ft. minimum; Front / Corner Lots: 50 ft. minimum per side Rear: 35 ft. minimum Side: 20 ft. minimum PUBLIC HEARINGS AGENDA ITEM CITY COMMISSION MONDAY, FEBRUARY 9, 2026 REGULAR MEETING 140 P U B L I C H E A R I N G S A G E N D A I T E M | M O N D A Y , F E B R U A R Y 9 , 2 0 2 6 , | P A G E 2 O F 7 Development Standards Lot Coverage 20% Minimum FAR is 1,600 sq. ft. Development Permits 2022-00003377 (Building Residential New) RESD-2024-2346 (Pool Installation) RESD-2024-2505 (Fence Installation) Code Enforcement Not applicable City Liens Not applicable Background Data: The subject site is a 2.00-acre conforming lot of record located in the Tali’s Crossing subdivision, as recorded on the plat thereof in Seminole County Plat Book 75, Page 11 , with access to Bird Road. The Tali’s Crossing plat was approved by the City Commission on August 25, 2008, which subdivided approximately 9.08 acres into four lots. Each of the resulting lots in the Tali’s Crossing plat was 2 acres or more in size. Lot 2 of the Tali’s Crossing plat, the subject of this lot split application, is 2 acres in size. The remaining lots in Tali’s Crossing plat are 2.53 acres (Lot 1), 2.0 acres (Lot 3), and 2.55 acres (Lot 4) in size. City staff reviewed the minutes of the public hearings at which the Tali’s Crossing plat was considered by the City Commission in 2008. There were no public comments made on the record regarding the plat at the time. The subject property is located within the R-CI (Single-Family Dwelling District) zoning district with a Future Land Use (FLU) designation of Rural Residential. The City Commission approved the FLU amendment on February 23, 2004, from a Low Density Residential Seminole County designation to the current city Rural Residential designation. According to the staff report from the FLU amendment hearing in 2004, the only concerns expressed were in regard to retaining tree buffers and access off of Tusca Trail, which was not relevant to the FLU change. The subject property is exactly double the one (1) acre minimum lot size requirement for the R-CI zoning designation. Currently, there is a one-story 6,000 sq. ft. single-family home under construction in the east rear portion of the existing lot. The existing lot contains a 10 ft. wide drainage and utility easement surrounding the property, and a 175 ft. wide Florida Power Corporation easement within the front portion of the existing parcel. The applicant is proposing to split the existing lot (Parcel ID. 11-21-30-507-0000- 0020) into two (2) resulting one-acre lots of record. Each resulting lot of record would meet the minimum lot size (1 acre) and dimensional requirements (120 feet in width at the building line) of the R-CI zoning district and would also comply with maximum density requirements of 1.0 dwelling units per acre in the Rural Residential FLU. One of the proposed new lots will be vacant and will contain 4,389.74 square footage of buildable area. The new vacant lot will also contain a 15 ft. cross-access easement to provide the easternmost new lot with access to Bird Road. 141 P U B L I C H E A R I N G S A G E N D A I T E M | M O N D A Y , F E B R U A R Y 9 , 2 0 2 6 , | P A G E 3 O F 7 The City Commission previously held a meeting on Monday, December 8, 2025, at 6:30 p.m. and on Monday, January 12, 2026, at 6:30 p.m., and removed this item at both hearings from the agenda to consider new information. Further, the City Commission continued this agenda item to a date certain of Monday, February 9, 2026 at 6:30 p.m. in the City Commission Chambers. The City Commission shall, at its February 9, 2026, meeting make a final decision on the application, to approve, approve with conditions, or deny the lot split application for the subject property. Public Notices: Notices were mailed to all owners of real property adjacent to and within approximately five hundred (500) feet of the subject property, and to all Homeowner’s Associations on file with the City of Winter Springs on December 9, 2025. Lot Splits: Section 9-11 of the City of Winter Springs Code of Ordinances sets forth standards and guidelines for processing lot split applications. Staff have utilized the criteria set forth in Section 9-11 to process this application and make the recommendations provided herein. The City Commission may, by resolution at a public hearing, grant waivers from the platting requirements of the City’s Land Development Code for divisions of land that constitute a “lot split.” A “lot split” is a division of a lot or tract of land that will result in the creation of exactly one (1) additional lot of record. The following conditions must be met for a division of land to be considered a lot split: (1) the lot or tract of land to be split is a previously platted lot or legal description of record; (2) each lot or tract of land created hereunder shall abut a public or approved private street, unless perpetual cross-access easements already exist on the lot to be split or are determined not to be necessary, or, if necessary, are provided by separate instrument; and (3) the lot split shall in every respect meet the criteria established elsewhere in this chapter and the City Code and comprehensive plan for the category of zoning and other relevant Codes under which the property is zoned. The procedures for review and approval are set forth in Section 9-11. Lot Split Criteria 1. The lot or tract of land to be split is a previously platted lot or legal description of record. Analysis: Staff finds that this condition has been satisfied. The lot proposed to be split is located in the platted Tali’s Crossing subdivision, which is recorded in the Official Records of Seminole County at Plat Book 75 Page 10. The lot to be split is a conforming lot of record. The property is located within the Tali’s Crossing subdivision. There is not a Homeowners’ Association (or other form of Property Owner’s Association) 142 P U B L I C H E A R I N G S A G E N D A I T E M | M O N D A Y , F E B R U A R Y 9 , 2 0 2 6 , | P A G E 4 OF 7 for this subdivision and, as such, the subject property is not subject to any covenants, conditions, or restrictions that would restrict the lot split. 2. Each lot or tract of land created hereunder shall abut a public or approved private street, unless perpetual cross-access easements already exist on the lot to be split or are determined not to be necessary, or, if necessary, are provided by separate instrument. Analysis: Staff finds that this condition has been satisfied. The new lot created (westernmost lot) by the split directly abuts and has access to Bird Road. Access to Bird Road will be provided to the easternmost new lot via a 15 ft. cross-access easement, which is included as an attachment to the proposed lot split resolution and required to be recorded as a condition of approval. 3. The lot split shall in every respect meet the criteria established elsewhere in this chapter and the City Code and comprehensive plan for the category of zoning and other relevant Codes under which the property is zoned. Analysis: Staff finds the proposal to split the existing lot (Parcel ID. 11-21-30- 507-0000-0020) into two (2) resulting lots of record meets all criteria set forth in the Comprehensive Plan for the Rural Residential FLU and in the zoning code for the R-CI district. Each resulting lot of record would meet the minimum lot size (1 acre) and dimensional requirements (120 feet in width at the building line) of the R-CI zoning district and would also comply with maximum density requirements of 1.0 dwelling units per acre in the Rural Residential FLU. The existing structure on the easternmost lot meets setback requirements even once the lots have been split. The structure on the easternmost lot also still satisfies the 20% maximum lot coverage requirements even once the lots are split. In addition, the City will ensure that new structures erected on the westernmost lot will meet applicable setback requirements. The applicant has submitted a scaled drawing of the buildable area of the westernmost lot, showing the intended principal structure which is 4,000 square feet in size. This size home can comfortably be constructed on the westernmost lot while still meeting the 50-foot front setback and avoiding encroachment upon the 175-foot utility easement that traverses the property. With regard to compatibility with the surrounding neighborhood, including lot size, the following should be noted: • The proposed lot split would create two one-acre lots in Tali’s Crossing. One-acre lots are currently inconsistent with the remaining lots in the Tali’s Crossing, which are 2.53 acres, 2.0 acres, 2.55 acres in size, respectively. 143 P U B L I C H E A R I N G S A G E N D A I T E M | M O N D A Y , F E B R U A R Y 9 , 2 0 2 6 , | P A G E 5 O F 7 • However, it should be noted that three out of the four owners of lots in Tali’s Crossing have either applied for or made inquiries to the City about pursuing a lot split. The owner of Lot 3 in the Tali’s Crossing subdivision (1445 Bird Road) has already submitted a lot split application to the City, though the application is currently incomplete. In addition, Shark Construction Services, Inc., the owner of Lot 1 (1449 Bird Road), made a verbal lot split inquiry regarding Lot 1 in November 2025. • It should be noted that there are multiple lots nearby on the southern portion of Bird Road that are smaller or of similar size to the proposed 1.0-acre resulting lots. Lots in the Sturbridge Oaks subdivision are approximately 0.7-acres in size. Lots in the Lake Tony Waterways subdivision are approximately 0.3-acres in size or less. These subdivisions have access to Bird Road south of Tali’s Crossing. • North of the subject site, lots in the North Orlando Ranches Sec. 7 subdivision range in size from 0.5-acres to slightly over 1 acre in size. These lots are accessible from Morton Lane, a neighborhood street connecting to Fisher Road and Bird Road. • Lots that are located in Dunmar Estates, which is a subdivision located to the northeast of the subject site and accessed from Dunmar Circle (rather than Bird Road), are much larger in size than those in Tali’s Crossing. Dunmar Estate lots are a minimum of 5 acres in size and may exceed 7 acres. • Lots that are located off of Tusca Trail and surrounding Little Lake Howell, which generally abut the Tali’s Crossing lots to the east, range in size from 4 acres to over 10 acres. These properties do not access Bird Road. Given the facts above, staff believe that, overall, the lot split will not be inconsistent with the character of the surrounding neighborhood or lot sizes in the vicinity, particularly given the size of other lots along Bird Road and the interest expressed by other lot owners in pursuing a lot split. However, staff do recognize that the resulting lots would not be consistent with the remaining lots in the Tali’s Crossing plat as currently platted since 2008, nor consistent with the lots in Dunmar Estates and those on Tusca Trail surrounding Little Lake Howell. All parking for the split properties can be contained on-site, as is required in the R-CI zone. In addition to the above-referenced criteria in Section 9-11 of the City Code, Section 9-10 – General Criteria for Approval – provides that before any plat, replat, or lot split application is approved by the City Commission, the applicant must demonstrate and the City Commission must find that the proposed plat, replat or lot split meets the following criteria: (a)The application is in compliance with the provisions of this chapter and applicable law. 144 P U B L I C H E A R I N G S A G E N D A I T E M | M O N D A Y , F E B R U A R Y 9 , 2 0 2 6 , | P A G E 6 OF 7 (b)The application is consistent with the city's comprehensive plan and applicable city master plans. (c)The application is compatible and in harmony with the surrounding neighborhood including with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previously approved by the city commission. (d)The application does not create any lots, tracts of land or developments that do not conform to the City Code. (e)The application does not create burdensome congestion on the streets and highways. (f)The application promotes the orderly layout and use of land. (g)The application provides for adequate light and air. (h)The application does not create overcrowding of land. (i)The application does not pose any significant harm to the adequate and economical provision of water, sewer, and other public services. (j)The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements. Given the nature of the lot split to create one additional single -family lot, impacts on roads and public services will be negligible. As described above, staff’s view is that the proposed lot split is consistent with the city’s comprehensive plan and zoning ordinances. Proper ingress and egress has been provided through a cross- access easement as described above. Additionally, relevant facts have been discussed above regarding compatibility and harmony with the surrounding neighborhood and the size of existing surrounding lots and development trends in the neighborhood for the City Commission’s consideration. Procedural History: December 8, 2025 City Commission| Consent Agenda on Lot Split. (removed from Consent Agenda) January 12, 2026 City Commission | Consent Agenda on Lot Split. Applicable Law, Public Policy, and Events: Home Rule Powers Code of Ordinances Sec. 9-11. - Lot splits. Code of Ordinances Sec. 20-141 through 20-148, R-CI Single-Family Dwelling District City of Winter Springs Comprehensive Plan, Future Land Use Element STAFF RECOMMENDATION Staff recommends that the City Commission adopt Resolution 2026-01, approving of a lot split application for the property located at 1447 Bird Road, Winter Springs, 145 P U B L I C H E A R I N G S A G E N D A I T E M | M O N D A Y , F E B R U A R Y 9 , 2 0 2 6 , | P A G E 7 OF 7 Florida 32708, in order to divide one originally-platted lot with a Parcel ID of 11-21- 30-507-0000-002 (Lot 2 of Tali’s Crossing plat) into two (2) resulting lots of record. Attachments: Figure “1” – Resolution 2026-01 Figure “2” – Lot Split Application Figure “3” – FLU Amendment CC 2.23.2004 Figure “4” – Tali’s Crossing Plat Figure “5” – Proposed Lot Split Figure “6” – Proposed New Lot Figure “7” – Buildable Area Illustration 146 1447 Bird Road Lot Split Resolution 2026-01 Jenale Garnett, MURP, MPA Senior Planner City Commission 147 Background COMMUNITY DEVELOPMENT Property Address: 1447 Bird Road, Winter Springs, FL 32708 (± 2 acres) Parcel ID: 11-21-30-507-0000-002 September 6, 2024: Lot Split Application (LSPL-2024-0001) December 9, 2025: Public Notice Letters Applicant: Damian Cardona, Kristin Cardona February 9, 2026 AGENDA ITEM 400 City Commission1447 Bird Road Lot SplitResolution 2026-01148 Background COMMUNITY DEVELOPMENTFebruary 9, 2026 AGENDA ITEM 400 City Commission1447 Bird Road Lot SplitResolution 2026-01•Located within: - Tali’s Crossing plat approved by City Commission on August 25, 2008 - R-C1 (Single-Family Dwelling District) zoning district: 1-acre minimum lot size requirement - RR (Rural Residential) Future Land Use: 1.0 dwelling units per gross acre •Proposal is to split the existing lot (Parcel ID. 11-21-30-507-0000-0020) into two (2) resulting one-acre lots of record meeting the required: - minimum lot size of 1-acre - minimum width/depth of 120 ft. - 1.0 dwelling unit per gross acre 149 Background COMMUNITY DEVELOPMENTFebruary 9, 2026 AGENDA ITEM 400 City Commission1447 Bird Road Lot SplitResolution 2026-01•Multiple lots nearby on the southern portion of Bird Road that are smaller or of similar size to the proposed 1.0-acre resulting lots. Lots in the Sturbridge Oaks subdivision are approximately 0.7-acres in size. Lots in the Lake Tony Waterways subdivision are approximately 0.3-acres in size or less. These subdivisions have access to Bird Road south of Tali’s Crossing. 150 Proposed Lot Split COMMUNITY DEVELOPMENTFebruary 9, 2026 AGENDA ITEM 400 City Commission1447 Bird Road Lot SplitResolution 2026-01151 Proposed New Lot COMMUNITY DEVELOPMENTFebruary 9, 2026 AGENDA ITEM 400 City Commission1447 Bird Road Lot SplitResolution 2026-01152 Buildable Area Illustration COMMUNITY DEVELOPMENTFebruary 9, 2026 AGENDA ITEM 400 City Commission1447 Bird Road Lot SplitResolution 2026-01153 Staff Recommendation COMMUNITY DEVELOPMENT Staff recommends that the City Commission adopt Resolution 2026-01, approving of a lot split application for the property located at 1447 Bird Road, Winter Springs, Florida 32708, in order to divide one originally-platted lot with a Parcel ID of 11-21-30-507-0000-002 (Lot 2 of Tali’s Crossing plat) into two (2) resulting lots of record. AGENDA ITEM 400 City Commission February 9, 20261447 Bird Road Lot SplitResolution 2026-01154 COMMUNITY DEVELOPMENTFebruary 9, 2026 AGENDA ITEM 400 City Commission ANY QUESTIONS?1447 Bird Road Lot SplitResolution 2026-01155 City of Winter Springs Resolution No. 2025-25 Page 1 of 4 RESOLUTION NO. 2025-24 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; PROVIDING FOR THE DIVISION OF ONE ORIGINALLY PLATTED LOT OWNED BY DAMIAN MATTEI CARDONA AND KRISTIN CARDONA, LOCATED AT 1447 BIRD ROAD, WINTER SPRINGS, FLORIDA 32708 (EXISTING PARCEL ID. 11-21-30-507-0000-0020) INTO TWO (2) RESULTING LOTS OF RECORD; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes except when expressly prohibited by law; and WHEREAS, section 9-3 of the City Code allows the owner of a single lot of sufficient size which satisfies zoning bulk regulations, except in a platted area of a planned unit development, to divide an originally platted single lot; and WHEREAS, section 9-11 of the City Code authorizes the City Commission to approve such division, generally referred to as a “lot split,” by resolution, and sets forth the prerequisites and application process for lot splits; and WHEREAS, Damian Mattei Cardona and Kristin Cardona (hereinafter “Owners”) are the owners, as joint tenants with rights of survivorship, of certain real property located at 1447 Bird Road in Winter Springs, Florida 32708, more particularly depicted and legally described in Exhibit A, attached hereto and fully incorporated herein by this reference, (hereinafter the “Affected Property”); and WHEREAS, Owners have petitioned the City, pursuant to section 9-11 of the City Code, to divide the Affected Property to create two (2) resulting separate lots; and WHEREAS, said resulting lots are more particularly depicted and legally described herein; and WHEREAS, the Affected Property consists of one platted lot, on which a single-family home is currently being constructed; and WHEREAS, the Affected Property has been assigned a single tax parcel identification number (Tax Parcel Id. 11-21-30-507-0000-0020), has been under the common ownership of the Cardona family since March 2022, and appears to have been generally used as a single parcel 156 City of Winter Springs Resolution No. 2025-25 Page 2 of 4 during such time; and WHEREAS, that certain Assignment of Deed of Trust/Mortgage, executed October 30, 2025, between Southern Trust Mortgage, LLC, and PRIMIS Bank, assigning to PRIMIS Bank the right, title, and interest in the mortgage recorded in the Official Records of Seminole County at Book 10289, Page 988 the Official Records of Seminole County, Florida (the “Mortgage”), was recorded in the Official Records of Seminole County at Book 10928, Page 979; and WHEREAS, the City Commission finds that Owners have satisfied all the requirements for lot splits set forth in section 9-11 of the City Code; 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, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY RESOLVES, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Approval of Lot Split. (a) Subject to the conditions stated below, the City Commission hereby approves, pursuant to section 9-11 of the City Code, the division of the Affected Property, located at 1447 Bird Road, (Parcel number 11-21-30-507-0000-0020), into two (2) separate lots. Said separate lots are more particularly depicted in Exhibit B, attached hereto and fully incorporated herein by this reference (each a “Resulting Lot”). (b) Conditions of Approval. The conditions of approval for such lot split are as follows: 1. Owners agree that, pursuant to Section 9-11 of the City Code, no further lot splits shall be permitted for each Resulting Lot. Any further subdivision of each Resulting Lot shall require plat approval in accordance with the City Code. 2. The Owners shall execute and record in the Official Records of Seminole County, Florida, a Cross Access Easement granting access to the easternmost Resulting Lot from the Bird Road right-of-way in substantially the form attached hereto as Exhibit C. The Cross Access Easement shall remain effective in perpetuity unless otherwise approved by the respective Resulting Lot owners and the City of Winter Springs in order to provide perpetual access 157 City of Winter Springs Resolution No. 2025-25 Page 3 of 4 to Bird Road. 3. Owners shall record in the Official Records of Seminole County that certain Modification Agreement Supplement to Mortgage, dated October 2, 2025, which is executed and revises the legal description of the property that is subject to the Mortgage. 4. Owners shall provide the City with a written, executed, partial release of the Notice of Commencement, which is recorded at Seminole County Official Records Book 10571, Page 1687, affecting the Affected Property, and record such partial release of the Notice of Commencement in the Seminole County Official Records. (c) Upon recordation of this Resolution in the Official Records of Seminole County, Florida, said two (2) Resulting Lots, which shall consist of the split portions of Lot 2, shall each be deemed a lot of record for development purposes pursuant to applicable law. Section 3. 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 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Resolution 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 Resolution. Section 5. Instructions to Staff. Pursuant to section 9-11(b)(2) of the City Code, the City Attorney is hereby directed to record this Resolution in the Official Records of Seminole County, Florida at such time as the conditions of approval herein have been satisfied. At such time, the Community Development Department is hereby directed to modify city maps and documents to reflect the lot split and aggregation upon recordation of this Resolution. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. However, the Resolution shall not be binding upon the Affected Property until recorded by the City in accordance with the requirements of this Resolution. 158 City of Winter Springs Resolution No. 2025-25 Page 4 of 4 ADOPTED by the City Commission of the City of Winter Springs, Florida, this _____ day of ________________, 2025. ________________________________ KEVIN MCCANN, Mayor ATTEST (City Seal): ________________________________ CHRISTIAN GOWAN, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: _______________________________________ ANTHONY A. GARGANESE, City Attorney 159 EXHIBIT A AFFECTED PROPERTY Legal Description: Lot 2, Tali’s Crossing, according to the map or plat thereof, as recorded in Plat Book 75, Pages 10 and 11, of the Public Records of Seminole County, Florida. Depiction: 160 EXHIBIT B DEPCTION AND LEGAL DESCRIPTION OF RESULTING LOTS Legal Description: Depiction: 161 EXHIBIT C CROSS ACCESS EASEMENT 162 CROSS-ACCESS EASEMENT AGREEMENT THIS CROSS-ACCESS EASEMENT AGREEMENT (the “Agreement”) is made and entered into this 8th day of January 2025 , by and between Damian Cardona , as the owner of Lot 2, and Damian Cardona, as the owner of Lot 1 (collectively, the “Parties”). WHEREAS, the Grantor is the owner of Lot 2, Tali’s Crossing, according to the Plat thereof, as recorded in Plat Book 75, Page 10, of the Public Records of Seminole County, Florida (“Lot 2”); and WHEREAS, the Grantee is the owner of Lot 1, Tali’s Crossing, according to the Plat thereof, as recorded in Plat Book 75, Page 10, of the Public Records of Seminole County, Florida (“Lot 1”); and WHEREAS, the Parties desire to establish a cross-access easement over a portion of Lot 2 for the beneﬁt of Lot 1 for access purposes; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows: 1. Grant of Easement The Grantor hereby grants to the Grantee, its successors, assigns, tenants, invitees, and licensees, a perpetual, non-exclusive cross-access easement over, across, and through the following described portion of Lot 2 (the “Easement Area”): Legal Description of Easement Area: A PROPOSED 15 FOOT EASEMENT ACROSS A PORTION OF LOT 2, DESCRIBED AS FOLLOWS: COMMENCE AT THE NW CORNER OF LOT 2 THENCE RUN SOUTH 05 DEGREES 28 MINUTES 34 SECONDS WEST A DISTANCE OF 10 FEET FOR THE POINT OF BEGINNING. THENCE RUN SOUTH 84 DEGREES 26 MINUTES 51 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF LOT 2, A DISTANCE OF 265.10 FEET. THENCE RUN SOUTH 00 DEGREES 49 MINUTES 05 SECONDS EAST A DISTANCE OF 15.09 FEET. THENCE RUN NORTH 84 DEGREES 26 MINUTES 51 SECONDS WEST A DISTANCE OF 266.76 FEET TO THE WEST LINE OF LOT 2. THENCE RUN NORTH 05 DEGREES 28 MINUTES 34 SECONDS EAST A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING.   ALL BEING PART OF: LOT 2 TALI'S CROSSING, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 75, PAGE 10, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. This Easement Area provides access from Bird Road, a public road, across Lot 2, through the utility easement, and into Lot 1. 163 2. Purpose The Easement Area shall be used solely for the purpose of providing vehicular and pedestrian access to and from Lot 1. No other use of the Easement Area shall be permitted without the mutual written consent of the Parties. 3. Maintenance Responsibilities •Shared Maintenance: Maintenance costs for portions of the Easement Area that serve both Lots 1 and 2 shall be shared equally (50/50) between the owners of Lot 1 and Lot 2. •Exclusive Maintenance: Maintenance costs for portions of the Easement Area that beneﬁt only one Lot shall be the sole responsibility of the beneﬁting Lot’s owner. •Each Party shall be responsible for promptly addressing any maintenance or repairs required within their respective areas of responsibility. 4. Liability •Liability for injuries or damages occurring within the Easement Area shall be allocated as follows: ✦If the incident occurs within a shared-maintenance area (50/50), liability shall rest with the owner associated with the injured party unless caused by the negligence of the other Party. ✦If the incident occurs within an exclusive-maintenance area, liability shall rest solely with the owner responsible for that area. 5. Duration This easement is perpetual and shall run with the land. It shall bind and beneﬁt the Parties and their respective heirs, successors, assigns, and any future owners of Lots 1 and 2. 6. Modiﬁcation and Termination This Agreement may only be modiﬁed or terminated by mutual written consent of the owners of Lots 1 and 2. Such modiﬁcation or termination shall be recorded in the Public Records of Seminole County, Florida. 7. Miscellaneous •Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. •Recording: The Grantor shall record this Agreement in the Public Records of Seminole County, Florida. •Entire Agreement: This Agreement constitutes the entire agreement between the Parties regarding the Easement Area and supersedes any prior agreements or understandings. 164 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date ﬁrst above written. GRANTOR: Name: Damian Cardona Signature: ________________________________ Owner of Lot 2 GRANTEE: Name: Damian Cardona Signature: ________________________________ Owner of Lot 1 165 166 167 168 169 170 171 172 173 174 175 4,389.74 SQ. FT. BUILDABLE AREA 109.47’ Required R-C1 Standards Minimum Lot Area = 1-acre Minimum Lot Width/Depth = 120’ Minimum Required Setbacks Front Yard = 50’ Rear Yard = 35’ Side Yard = 20’ 176