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HomeMy WebLinkAboutResolution 2011-05 Tuskawilla Vacate Conveying To Pathfinder Landology Isis Holdings, LLCRESOLUTION 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 LE 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 WROK 1 MERK OF CIRCUIT CWRT City of Winter Springs CLEM OF 5E,1'1INF C"TY Resolution 2011 -05 OK 07 559 P9S 16 - 1601 t4pgs 3 Page 1 of 2 FILE NUM 2021(�42236 RMOM c 4/21 11 09156107 AN RECORDINS FEES 35.50 RECOM BY T Saith 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 adoption by the City Commission of the City of Winter Sprin DONE AND ADOPTED at a regular meeting this 14 A' Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: 04-2� -N Anthony A. Garganese, City Attorney s Sfi Borne h �tivo iiately upon �.. ,,a, x , 9 ¢�, , At-� � l Y f F bruary, 2111 e 4*� I City of Winter Springs Resolution 2011 -05 Page 2 of 2 SKETCH OF DESCRIPTION VACATING RIGHT OF WAY LEGAL DESCRIPTION: EXHIBIT b A A PORTION OF TUSKAwILLA MAO. AS RECORDED IN OFFICIAL RECORDS B= 4560. PAGE W ( ADOrTIOYAL NWT OF WAY. WNTER SP1Fa11MGS TOWN CENTER - A AEPLAT. AS RECORDED W PUT Box 69. PAGES 96 THIXWf 991 PU&JC RECORDS OF SEEtWME CMmTr FLDRWA BERG MOW PARTICUURLY DESCRIBED AS FOC.LMe COME UCE AT THE MOST EASTERLr CORNER OF LOT P wWTER 5f9M9 s TOWN CENTER - A REPLAT. AS RECOWED IN PLAT WON 69. PAGES 96 THRaM 99 OF THE PUBW RECORDS OF SEMINOLE COUNTY. FLOI IZAe THENCE SM W56'N. ALONG THE EASTERLY LJIVE OF SAID LOT E. A DISTANCE OF 2SM FEET TO THE POWT OF BEGINMM* THENCE CONTINU S301W56*W. A DISTANCE OF ISM FEETs THENCE DEPARTMV SAID EASTERLY LWE OF SAID LOT Z, S591WE. A DISTANCE OF my FPETt THENCE N3 VMwE. A DISTANCE OF ISM FEET+ THENCE N99*,%r`r. A PSTANCE OF OL40 FEET TO THE FWr W BEGNMW mvrAwANi s saiARE FEET km OR LESS SURVEYORS REPORT: I. BEAmAIGS SNOws HERECMI A/;E sASED ON THE EAsTERLr LAZE CJF EDT $. BEING S30104'5691. PER PLAT OF WAITER SPMVG5' TOWN CENTER -A REPLAT, AS RECORDED IN BOOK 59, PAGES 96 THHO[IGH 9rf, PUWX RECORDS OF SEMNOCF CO.. FL LEGEND: PW POWT OF BEGrNNIAIG PW FWr Or C OMI ENCEYENT PS PLAT BOX Pars) PAGEfS) PSW PMFE55MAL SURVEYCR AND MAPPER R/V RVIT OF WAY ON OFFJUAL RECORDS BON LI LAVE NUMBER (P1 PLAT DAME aww AYE. La " Im Garb apw A. calla+ PSY No. WN ma MALID wirmrl Tw sGwAnow ANO awma RAISED SEAL THIS IS NOT A BO[INDARY SURVEY Q=Mrq En*ws • SrxWS 2CA s"h Bumdr ^wx^OrlanftFlarlda 32WJ f407189�331r PWAINE'D AWv LAIMOOLW. LLC. OATF. Ir1I SOM OWSW Wi ECWF A EVISM Joe fta J009.0 erne. rig i sNrgr I of 2 .— .. , . r% — — SKETCH OF DESCRIPTION VACATING RIGHT OF WAY VV�^ -- \ RiJV VwE Tjp�CT - *� +� D v b O J& 4 E^ EXHIBIT A p >, ,e) c - 2- c, 4 2- . (ADDITIO N AL R1W PER P.B 69. 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