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Home My WebLink About2011 02 14 Consent 211 Approval of Resolution 2011-05 Vacating 6 Square Foot Portion of Tuskawilla Road COMMISSION AGENDA Consent X ITEM Informational 211 Public Hearing Regular ,p /i/ 11 February 14, 2011 MGR. /DEPT. Regular Meeting Authori 'on REQUEST: The City Attorney's office requests the City Commission approve Resolution 2011 -05, vacating a 6- square foot portion of Tuskawilla Road and conveying same to. Pathfinder Landology Isis Holdings, LLC, a Delaware limited liability company, the only adjoining private property owner. SYNOPSIS: Approval of Resolution 2011 -05 will formally authorize the vacation of a 6- square foot portion of the Tuskawilla Road right -of -way and convey the right -of -way to Pathfinder Landology Isis Holdings, LLC ( "Pathfinder "), as previously approved by the City Commission on November 15, 2010. CONSIDERATIONS: 1. On November 15, 2010, the City Commission was advised of a request made by Pathfinder Landology Isis Holdings, LLC, to acquire a 6- square foot portion of Tuskawilla Road to accommodate an encroachment from Town Center Building 4. The right -of -way encroachment was discovered when the property was surveyed when Pathfinder acquired it and is a result of a minor miscalculation of the building setback on the original building foundation survey. 2. The City Commission agreed to vacate the 6- square foot portion of the Tuskawilla Road right -of -way and to convey that portion of the right -of -way to Pathfmder at fair market value. 3. The fair market value of the right -of -way was estimated at $66.00. Pathfinder will remit payment to the City for the fair market value of the right - of-way plus fees for recording and documentary stamps. REGULAR MEETING - FEBRUARY 14, 2011 REGULAR AGENDA ITEM "211" PAGE 2 OF 2 FISCAL IMPACT: The fiscal impact will be nominal. Pathfinder will remit $66.00 to the City for the fair market value of the right -of -way plus fees for recording and documentary stamps. COMMUNICATION EFFORTS: This Agenda Item has been forwarded to the Mayor and City Commission; City Manager; City Attorney /Staff; placed in Press Packets; placed in the City Hall (Lobby) City Commission Meeting binder; and is available on the City's Website, LaserFiche, and the City's Server. Further, information related to this Agenda Item has been sent to media/press representatives who have requested Agendas /Agenda Item information, all Homeowner's Associations on file with the City, all individuals who have requested Agendas /Agenda Item information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public; and posted at five (5) different locations around the City. RECOMMENDATIONS: The City Attorney recommends that the City Commission approve Resolution 2011 -05 to formally authorize the vacation of the 6- square foot portion of the Tuskawilla Road right -of -way and convey same to Pathfinder. ATTACHMENTS: Resolution 2011 -05 • RESOLUTION NO. 2011 -05 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, VACATING A 6- SQUARE -FOOT PORTION OF TUSCAWILLA ROAD 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, PATHFINDER LANDOLOGY ISIS HOLDINGS, 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 4 of Winter Springs Town Center project is encroaching into the Tuskawilla Road 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 November 15, 2010, the City Commission agreed to vacate a 6- square -foot portion of the Tuskawilla Road Right -of -Way, thereby conveying said vacated Right -of -Way to the only adjoining private property owner, Pathfinder Landology Isis Holdings, 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 6- square -foot portion of Tuskawilla Road Right -of -Way, which is City of Winter Springs Resolution 2011 -05 Page 1 of 2 • 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 Pathfinder Landology Isis Holdings, LLC, as the only adjoining property owner. Section 3. Severability. 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 14th day of February, 2011. Charles Lacey, 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 2011 -05 Page 2 of 2 • EXHIBIT SKETCH OF DESCRIPTION VACATING RIGHT OF WAY 2 A PA e l c F y. 1 • LEGAL DESCRIPTION: • A PORTL W OF TUSKAWILLA MAD. AS RECORDED 1N OFFICIAL RECORDS BOOK 45560. PAGE SR (ADDITIONAL NWT OF WAY. WINTER SPRINGS TOWN CENTER -A REPLAT. AS RECORDED NI PLAT BOOK 69. PAGES 96 THICIG ! 9111 PIIBUIC RECORDS OF SEMI OLE COUNTY FLORIDA BEING WIRE FARTMa1CARCY DESCRIBED AS FOLLOWS& COMENCE AT THE MOST EASTERLY CORNER OF LOT 2 WINTER SPRO S TOWN CENTER - A REPLAT. AS RECORDED MN PLAT BOOK 69. PAGES 96 THRC GH 99 OF TIE PUBLIC REDS OF SENNO[E (ZWTY. FLORID* THENCE S30b156 "W. ALOW3 THE EASTERLY ME OF SAID LOT 2.A DISTANCE OF 25.60 FEET TO THE POINT OF BEGINAWCr THENCE come S30b116"W. A DISTANCE OF I5.W FEET, THENCE DEPARTING SAID EASTERLY LINE OF SND car 2. SITSTO1"E. A DISTANCE Cr aaO FEET. THENCE NJOb1'56`E. A DISTANCE OF WO O FEETt THENCE N99 A DISTANCE OF a+D FEET TO THE FONT OF BEGINI HG. COIffAINRIC 6 SNARE FEET MORE OR LESS. • SURVEYORS REPORT: 1. Balms SHOWN HEREON A F BASED ON THE EASTERLY [AYE W WT 2. BEDE 530 PER PLAT OF WINTER SPR DIGS TOWN CENTER -A REPLAT. AS RECORDED AI BOOK 69. PAGES 96 TNIOOI 9s. PUBLIC RECORDS OF • SElNJLE CO.. FL. • LEGEND: FOS PAINT OF BEGIG POC PCMT OF CON ENtENENT PG PLAT JAG P64 '5 PAGE S PSN PROFESSITIML SURVE7O? AND RAPPER RAY RIGHT OF WAr ORB OFFICIAL RECORDS sox tP1 PLAr THIS IS NOT A BOUNDARY SURVEY • • • LDCI Ea South Aver a , Ftarlda 32B0.3 HOW 696-339 MEWED FMS LANOQL.'1'. Ur. M CwImpow A' Li. DAT& 10/M6/1010 DRAIN an E P/PT PSN m.1124 • LID WnIIDUT TTE SOMME AIM RAISED SEAL REVISED. IoW Ism IMO NOT VA A F SCAM N/A SIFT I OF' F-&4 rT A - I SKETCH OF DESCRIPTION EXHIBIT VACATING RIGHT OF WAY S A t 5 7. c Z ` __ _ ,1A r,,, �-'�"�r9 - - �1` (ADDITIONAL RAY R� 4 S� l� PER P.8 69. MS 96.98! , , I 0/ ,,,, i • j DETAIL 'A' `N � o r NOT ro SCALE <S y I w j V 410. dt PVS'a" w4i ,r for P R9b 7 0. ,,� ' cr „s r n or r E -w 4 N• ? A cr +t ' +.e• zero' -- 7 ,, ‘ / / AP! 4 ! 1 4). k ,`/ •qtr / K / J / / \T $ 1 / 1 4 44 41 A ' - / / IV 1 I' -GO' / / `( / A % 1 / a • THIS IS NOT A BOUNDARY SURVEY 3 In CDURSE BEARING DISTANCE MIME 3 U 530 25.60' R L2 S30bf561/ 15.017 • s ., , �Wren * E 2aSatb � .s Flo tda 32823 (* 7) 8% -.3311 L5 N593s�i - w ate' r4EMO FOR, LANDO T. at. A L6 smeoe56'w 113.90' 9ITEm miasma DRAWN ST, ECR/PT RL'11 E& MI Nb., ICOSA SCALE, r • CT , 9EET 2 of 2 4 RESOLUTION NO. 2011-05 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, VACATING A 6- SQUARE -FOOT PORTION OF TUSCAWILLA ROAD 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, PATHFINDER LANDOLOGY ISIS HOLDINGS, 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 4 of Winter Springs Town Center project is encroaching into the Tuskawilla Road 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 November 15, 2010, the City Commission agreed to vacate a 6- square -foot portion of the Tuskawilla Road Right -of -Way, thereby conveying said vacated Right -of -Way to the only adjoining private property owner, Pathfinder Landology Isis Holdings, 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 6- square -foot portion of Tuskawilla Road Right -of -Way, which is SWANK NORSE, CLERK OF CIRCUIT COURT City of Winter Springs CLERK OF SEMINOLE COUNTY Resolution 2011 - 05 at 07559 Pas 160E - 1605; (4pgt) Page 1 of 2 FILE NUM 2011042236 RECORDED 01/21■2011 05156107 AN RECORDING FEES 35.50 RECORDED BY T Stith 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 Pathfinder Landology Isis Holdings, LLC, as the only adjoining property owner. s ection 3. y Severability. 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 beco � etive; ii:DIndiately upon adoption by the City Commission of the City of Winter Sprin .$. in • ; * E . •, w • DONE AND ADOPTED at a regular meeting this 14tI o fg bruary, i 11 .1 r � � • r 0 Cha es Lacey, : , A. i - 1,M? ,i4 ATT ST: `i ►_ renzo - Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney City of Winter Springs Resolution 2011 -05 Page2of2 . EXHIBIT . SKETCH OF DESCR1PT/ON • VACATING RIGHT OF WAY A PA'e l c F Z • • LEGAL DESCRIPTION: . A PORTION OF TUSKAWILLA ROAD. AS RECORDED W CFFICAL RECORDS Mt 4560. PAGE 158 (ADDITIONAL RIGHT OF WAY, WtITEA SPllfdYfws TOWN CENTER -A REPLAT. AS RECORDED W PLAT DQOr 619. PAGES 96 macaw se) PURL.: RECORDS OF SELIINO[E MINTY FLORIDA BEING YORE PARTNX ARLY DESCRIBED AS FOL10MS, COIrmaa AT THE IQSr EASTERLY CORNER OF LOT 2 WINTER PROM TOWN CENTER - A REPLAY. AS RECLIRDED W PLAY NIX 69. PAGES 96 MUCH 9N OF THE PUBLIC RECORDS OF SEW$MO.E 02IW1Y. FLLRID ; ..... TIIENw S307N56 ALONG THE EASTERLY UNE OF SAID LDT 2,A DISTANCE OF 15.W FEET TO THE POINT OF BEGWI WC, THEIMCE CONTINUE S301)116"W. A DISTANCE OF ISM Fri THENCE DEPARTAYG SAID EASTERLY LINE Cr SAID LOT t S59 E. A DISTANCE OF o. FEET, . T N 4'W TJ C FEET, THENCE N99''5sorw. A WffALNUt 6 SHARE FEET NINE' OR LESS. • SURVEYORS REPORT: L BEAR= SIDNN HEREON AID BASED ON THE EASTERLY LAVE OF LOT E. BEING SJD'b1".16`1f PIER PLAT OF WINTER SPRINGS TOWN CENTER -A REPUIr, AS REM= W WOK 69. PAGES 96 THAI 91. PLWLJC RECORDS OF smog C0.. FL LEGEND: POB PONT OF BEGINNING . FCC MT OF COYIENCENENT PB PLAT sot Pa PAINS ESSIOIUAL SURYE7OR AND DAPPER RNI Nair OF /SAY ORB OFFICIAL RECORDS BOOK I it U UNE NWOER (P) PLAT THIS IS NOT A BOUNDARY SURVEY a • LlXHRA+E .It. LDCIIhAN • LAN. DM Caulk WS • 'i'M"" s EX Satan &aa0r Aye m Orlanoa.FFarlda 32803 HOT) 896 1 NEARED Mae LAN OLD 1'. RUG '" CNrltlepOr A. Warr DNTE. IDIESI NO DRAIN 8Y, Ef Pr PSN NO► W M !NOISED* JOB e N l 10 • AKIr VALID Nl am THE SfWAI7ME AND CNIOYAL RAISED SEAL h war I f!i I A FLEE LIED AND MAPPER SCALE* NIA �� v I - EXHIBIT SKETCH OF DESCRIPTION I VACATING RIGHT OF WAY p c 2. c ( z. � r1.� (ADDITIONAL R/W r yERt r `' -` 4" ' 4/ Q � - PER P.8 69. PGS 96 -981 i ■ / DETAIL ' A' \ ` S i ? T 70 SC/1LE (s. 1 45t1'‘If , I % V i j i •v ��i V V P cue ��i l'O h, 2 co lessim i rERy "" tor . H 'fir I Pa q� .%fr , e� firv +ttsr �� • ai.r411 `i. / " 2! N / 1 9r 1 / / ' / ) 4 / V tr 0/ .7) i / , � . -. L.. / ' , / '�r4 0 E .o „' / Q - i { % / I . d THIS IS NOT A BOUNDARY SURVEY 3 i COURSE BEARING QlSTAAICE LDCIIIVNE I u S?,p456 WV L8 Ss�'ss'w Mg! (' /ig Wows • Saws LS $5 3 D( 5 6 'E 0.40' 20r sort atatr Aeanru, Or1Qndo.F3o►!do 32 3 (4073895:3317 a L4 11300136 15.00' L5 �'w ate' r PA D » LANDO IZT. LL& L6 Sxl'b4''.r6'w 113.90' OATEN >010 DIM VI CRIPT VI MUM XII Rim Crig.12 SCAM P • ro" STEM 2 OF 2