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Home My WebLink AboutResolution 2026-06 Tuskawilla Retails Partners II, LLC Lot Spilt of Lot 1 at the Blake Commons (Intersection of ST 434 and Michael Blake Blvd).pdfGrant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst #2026032930 Book:11012 Page:418-424; (7 PAGES) RCD: 4/7/2026 9:39:11 AM REC FEE $61.00 RESOLUTION NO. 2026-06 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 TUSKAWILLA RETAIL PARTNERS II, LLC, LOCATED AT THE INTERSECTION OF STATE ROAD 434 AND MICHAEL BLAKE BLVD IN WINTER SPRINGS, FLORIDA 32708 (EXISTING PARCEL ID. 06-21-31-510-0000-0010) 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 V1I1, 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, Tuskawilla Retail Partners II, LLC (hereinafter "Owner") is the owner of Lot 1 of the Blake Commons plat, recorded in the Seminole County Plat Book 91, Page 65, located at the intersection of Michael Blake Blvd. and State Road 434 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, Owner has petitioned the City, pursuant to section 9-11 of the City Code, to divide the Affected Property to create two (2) resulting separate lots of record; and WHEREAS, said resulting lots are more particularly depicted and legally described herein; and WHEREAS, the Affected Property consists of one platted lot, which is currently vacant; and WHEREAS, the Affected Property has been assigned a single tax parcel identification number (Tax Parcel Id. 06-21-31-510-0000-0010), is under the common ownership of Tuskawilla City of Winter Springs Resolution No. 2026-06 Page 1 of 4 Book 11012 Pagge 419 Instrument# 2026032930 Retail Partners II, LLC, and is currently and has generally been vacant; and WHEREAS, the Affected Property is subject to that certain Development Agreement between the City and Owner, recorded in the Official Records of Seminole County at Book 10887 Page 649; and WHEREAS, the City Commission finds that Owner has 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 (Parcel ID number 06-21-31-510-0000-0010), into two (2) separate lots (Lots IA and 1B). 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. Owner agrees 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. (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 1 of the Blake Commons plat, 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. City of Winter Springs Resolution No. 2026-06 Page 2 of 4 Book 11012 Pagge 420 Instrument# 2026032930 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 any applicable 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 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. ADOPTED by the City Commission of the City of Winter Springs, Florida, this 23rd day of March, 2026. a o . KEVIN MCCANN, Mayor ATTEST (City Seal): CHRISTIAN GOWAN, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ek L ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2026-06 Page 3 of 4 o� inter. Got P o Jai' °v >� a 1959 hod F e County " Book 11012 Pagge 421 Instrument# 2026032930 JOINDER OF MORTGAGEE The undersigned, as owner and holder of that certain Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing dated June 26, 2025 and recorded in the Seminole County Official Records Book 10852, Page 606, and as amended by that certain First Amendment to Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing dated November 2, 2025, and recorded in Book 10945, Page 1817, hereby consents to and joins in the recording of the foregoing City of Winter Springs Resolution 2026- 06 , splitting Lot 1 of the Blake Commons into resulting parcels IA and 113, and agrees that the lien of the Mortgage shall be subordinate and subject to said Resolution and all rights created thereunder. MORTGAGEE: RENASANT BANK, a Mississippi banking corporation By: L Print name: Title: A� P STATE OF A (al a,nAa, COUNTY OF The foregoing instrument was acknowledgec presence or (_ online notarization, this by ,^. ,fir-, the ✓P company, who is pers ally known to me or produced as identification_ (NOTARY SEAL) before me by means of ( V"I }physical j day of roqfZh 2026, of Renasant Bank, on behalf of the (Notary Public Sig atrsre) L-u AA e- 4per 1�,a +A (PrisifName) Notary Public, State of — A "lg0-11VIL Commission No.: My Commission Expires: ib -p City of Winter Springs Resolution No. 2026-06 Page 4 of 4 Book 11012 Pagge 422 Instrument# 2026032930 EXHIBIT A AFFECTED PROPERTY Legal Description: Lot 1, The Blake Commons, according to the map or plat thereof, as recorded in Plat Book 91, Page 65, of the Public Records of Seminole County, Florida. Depiction: r°tWinter Springs 3 sC A Apartments�tXX A Repla# °�4 a 6�. ' m,. '1 � y s a� `ar w �. 3 •, s' c c�3i �i.,� 1 r Ble 12 yyf22�,(OSSingy;T a home y` 34 as e��a LOT 4 ' tc�^ � (� LOT 6�J N t`r � X J6 y rr i B1 ke Commons �y \ \ � w 'LOT 2 D R Mitc glis 4 Survey Of The a Levy Grant LOT \� 4 s.Q Book 11012 Pacie 423 Instrument# 202-6032930 EXHIBIT B DEPCTION AND LEGAL DESCRIPTION OF RESULTING LOTS Legal Description: LEGAL DESCRIPTION: (PARENT PARCEL) LOT 1, BLAKE COMMONS,ACCORDING TO THE I HEREOF, AS RECORDED IN PLAT BOOK 91, PAGE 65, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, PARCEL LA, COMMENCING AT TI IF MOST SOUTHERLY CORNER OF LOT 1, BLAKE COMMONS, ACCORDING TO T1 IF MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 91, PAGE 65, OF I HE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. THENCE NORTH 36'43'16* WEST, ALONG THE NORTHEASTERLY RIGHT OF WAY LINE OF STATE ROAD NO. 434, A DISTANCE OF 36.90 FEET- *1 HENCE NOW H 2410'06' WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 48,66 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF MICHAEL BLAKE BOULEVARD; THENCE NORTH 3843'16'WEST, ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE, A DISTANCE 52,24 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE NORTH 38=4316' WEST, ALONG SAID SOOTI IFASTERLY RIG I IT OF WAY LINE, A DISTANCE OF 194.36 FEET TO TtIE BEGINNING OF CURVE CONCAVE EASTERLY, HAVING, A RADIOS OF 25.Ck7 FEET, AND A CENTRAL ANGLE: OF 90�00'00'; THENCE NORTHERLY, ALONG SAID CURVE AND SOUTHEASTERLY RIGHT OF WAY LINE, A DIS-ININCE OF 39,27 FEET (SAID CURVE BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 6" 16'44- EAST, 3536 FEET) TO THE END OF SAID CURVE; THENCE NORTH 51' 16'44'FAST, ALONG SAID SOUTHEASTERTY RIGHT OF WAY LINE, A DISTANCE OF 134,96 FEET TO THE SOUTHWESTERLY RIGHT OF WAY OF SEA HAWK COVE (ALSO KNOWN AS TRACT RW-1, BLAKE COMMONS, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 91, PAGE 65, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA), THENCE SOUTH 38r28'33' FAST, ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 219,37 FEET: THENCE DEPARTING SAID RIGHT OF WAY LINE, SOUTH 51'16'44'WFST, A DISTANCE OF 159,02 FEET TO TITS POINT OF BEGINNING. SAID PARCEL CONTAINING D.80 ACRES, MORE OR LESS. PARCEL I B: BEGINNING AT TI IF MOST SOUTHERLY CORNER OF LOT 1, BLAKE COMMONS, ACCORDING TO TITS MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 91, PAGE 65, OF TI IF PUBLIC , RECORDS OF SEMINOL F COUNTY, FLORIDA- TI IFNCE NORTH 38AT16"WEST, ALONG THE NORTHEASTERLY RIGHT OF WAY LINE OF STATE ROAD NO. 434, A DISTANCE OF 36.90 FEET: THENCE NORTH 2,110'06' WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 48.66 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF MICHAEL BLAKE BOULEVARD; THENCE NORTH 38'43'16"WEST, ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE, A DISTANCE 62.24 FEET;THFNCE DEPARTING SAID RIGHT OF WAY LINE, NORTH 51' 16'44' FAST, A DISTANCE OF 159,02 FEET TO TI IF TO T! IF SOUTI-IWFSTERLY RIGI IT OF WAY OF SEA I IAWK COVE (ALSO KNOWN AS TRACT RW-1, BLAKF COMMONS, ACCORDING TO T1 IF MAP OR PLAT THEREOF, AS, RECORDED IN PLAT BOOK t41, PAGE 65, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA); THENCE SOUTH 39`28'33'EAST, ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 137.28 FEET: THENCE DEPARTING SAID RIGHT OF 'NAY LINE, SOUTH 5 1'37'48'WEST, A DISTANCE OF 170.67 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 0.52 ACRES, MORE OR LESS. Book 11012 Pagge 424 Instrument# 2026032930 Depiction: �.. BOUNDARY AND TOPOGRAPHIC SURVEY \ LOT 1, BLAKE COMMONS LOCATED IN THE NORTHWEST QUARTER (NW 1 /4) OF SECTION b, TOWN946P 21 8OUTH, RANGE 31 EAST GRAPWc SCALE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA l 1 1 ' " SEA HAWK COVE ' (TRACT RW 71 \` S 38°28'33 E 356.65' (Pw 219.37' (C) r 137.28' (C) �� -_ � - wERaanullwv_Rs�rencK � ]JFRU11 EWEN GSETEACK I ` 1 ! m '- PARCEL to u h � �� tU 'i rn IAA;Ifi w.4rlrl g Will Ian. s LOT W h p W_ 91a:Nli` lIT111 v ',g PARCEL 16 �- m o LdT 2 IJj) cJ fY c , I CaNTn.r A A v.;. ` o I.1U CY lt- �.m t:t3tltAl 9 t..kcf. � � c a � ,ter,,,+i f � MOFF 04� LE iS .ji STORUMAHHOLE 1 � fi E ]E E5 i q •l �' � t i 1 '� 6ewvW J1. lib RLP) � ! SE Ih: ]t.Ei Ii7 Rt% J zi 3R AN CORXtOOR RVILO Y{ 5�J84CK r ! _ 25 I— - P.J81 .o iEli IIY LhAIYIIi `1 ! \ v () iu "," Pn ` 1S Ulµ fAElt 1 Ili 11 R)ti 13. PACE V "'" 1 i fNICTt ' Etv., 1 � 194.36'('i ISS J UU lTItEA51ERlY Wi t E sg6EEVARa N 38;-03'16 W 246.60 (P8h1) ... .•. _ Ll __ ' - STORM.AHHME '-