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Home My WebLink AboutResolution 2012-43 Winding Hollow Lot Split Pre,F ared by and return to: , nthony A. Garganese, Esq, 111 N. Orange Ave., Ste. 2000 €3 8 m A Orlando, FL 32801 RESOLUTION NO. 2012-43 mm g j M W m N # A RESOLUTION OF THE CITY COMMISSION OF THE o Fr 12 CITY OF WINTER SPRINGS, SEMINOLE COUNTY, s g w ~ "- j FLORIDA, PROVIDING FOR THE DIVISION OF AN a ORIGINALLY PLATTED LOT OWNED BY WINTER SPRING LAND LTD.AND GENERALLY LOCATED ON THE ° r yy 6 SOUTHWEST CORNER OF THE INTERSECTION OF 2 ~. STATE ROAD 434 AND WINDING HOLLOW BOULEVARD, WINTER SPRINGS, FLORIDA INTO TWO (2) LOTS OF RECORD FOR DEVELOPMENT PURPOSES; 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 an owner of a single lot of sufficient size that 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, Winterspring Land Ltd. (hereinafter "Owner") is the owner of certain real property generally located at the southwest corner of State Road 434 and Winding Hollow Boulevard in Winter Springs, Florida, more particularly depicted and legally described herein; and WHEREAS, Owner has petitioned the City, pursuant to section 9-11 of the City Code, to divide said property into two (2) separate lots; and WHEREAS, said lots are more particularly depicted and legally described herein; and WHEREAS, the City Commission finds that Owner has satisfied all of 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 City of Winter Springs Resolution No.2012-43 Page 1 of 3 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. Subject to the terms and conditions required by the City Commission at the December 10, 2012 public hearing on this Resolution, the City Commission hereby approves, pursuant to section 9-11 of the City Code, the division of the real property generally located at the southwest corner of State Road 434 and Winding Hollow Boulevard,legally described in"Exhibit A," attached hereto and fully incorporated herein by this reference,into two (2) separate lots. Such lots are more particularly depicted and legally described in "Exhibit B," attached hereto and fully incorporated herein by this reference. Upon recordation of this Resolution in the Official Public Records of Seminole County, Florida, said lots 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 Public Records of Seminole County, Florida simultaneously with the binding development agreement memorializing the terms and conditions of the lot split. 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 and a binding development agreement being approved and executed by the City and the property owner of the southwest parcel memorializing the terms and conditions of the lot split required by the City Commission in accordance with the public hearing on December 10, 2012. If the binding development agreement is not fully executed by April , 2013,this Resolution shall be deemed null and void. [EXECUTION PAGE FOLLOWS] City of Winter Springs Resolution No.2012-43 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Sprig,r'l'orida;,this 10th day of December, 2012. .G"' 11,71 ..°°°, Lion Chun; es Lacey,! /y:�"`� : " ay ' , i • rV ATTEST: °! .' ��•°•...•J , �`� A4 IL I ea enzo-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 No.2012-43 Page 3 of 3 Resolution No.2012-43 EXHIBIT"A" Legal Description: Lot 25,Block D of D.R.Mitchell's Survey of the LEVY GRANT,according to the plat thereof as recorded in Plat Book 1,Page 5 of the Public Records of Seminole County,Florida. [Seminole County Parcel Id:26-20-30-5AR-OD00-0250] EXHIBIT • SKETCH OFo DESCRIPTION 1 5 (THIS IS NOT A SURVEY) Pale, I e- DESCRIPTION — (SOUTHWEST PARCEL): A PORTION OF LOT 25. BLOCK D. D R MITCHELL'S SURVEY OF THE LEW GRANT ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK I, PAGE 5. PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER Of LOT 25. BLOCK 0. 0 R MITCHELL'S SURVEY OF THE LEVY GRANT. ACCORDING TO THE PLAT THEREOF. RECORDED IN PLAT BOOK I. PAGE 5. PUBUC RECORDS OF SEMINOLE COUNTY. FLORIDA THENCE RUN N07'0110'W ALONG THE WEST UNE Of SAID LOT 25. A DISTANCE OF 576.34 FEET; THENCE RUN N8313'171 A DISTANCE OF 220.02 FEET TO A POINT ON THE WEST RIGHT OF WAY UNE OF WINDING HOLLOW BOULEVARD. ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 47, PACES 94 THROUGH 96; PUBUC RECORDS OF SEMINOLE COUNTY. FLORIDA; THENCE RUN 507-01'30'E ALONG SAID'WEST RIGHT OF WAY UNE A DISTANCE OF 576.07 FEET TO A POINT ON THE SOUTH LINE OF AFORESAID LOT 25. BLOCK 0; THENCE RUN S8348'S9'W ALONG SAID SOUTH LINE A DISTANCE OF 220.02 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL CONTAINS 2.9101 ACRES, MORE OR LESS. OESCRIPTIOI — (NORTHWEST PARCEL): A PORTION OF LOT 25. BLOCK 0. 0 R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT THEREOF. RECORDED IN PLAT BOOK I, PACE 5, PUBUC RECORDS OF SEMINOLE COUNTY. FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT DIE SOUTHWEST CORNER OF LOT 25. BLOCK D. 0 R MITCHELI:S SURVEY OF THE LEVY GRANT. ACCORDING TO THE PLAT THEREOF. RECORDED IN PLAT BOOK I, PACE 5, PUBLIC RECORDS OF SEMINOLE COUNTY. FLORID% THENCE RUN NOTOI'301N ALONG THE WEST LINE OF SNO LOT 25, A DISTANCE Of 576.34 FEET FOR A POINT OF BEGINNING: THENCE CONTINUE NOTOt'301V ALONG SAID WEST LINE A DISTANCE OF 245.03 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY UNE OF STATE ROAD 434: THENCE RUN N83'53'I7E ALONG SAID SOUTHERLY RIGHT OF WAY UNE A DISTANCE OF 215.03 FEET TO THE INTERSECTION OF SAID SOUTHERLY RIGHT OF WAY LINE MID THE WEST RIGHT OF WAY LINE OF MINDING HOLLOW BOULEVARD, ACCORDING TO THE PLAT THEREOF. RECORDED IN PLAT BOOK 47. PACES 94 THROUGH 96. PUBUC RECORDS OF SEMINOLE COUNTY. FLORIDA; THENCE RUN 1HE FOLLOWING THREE (3) COURSES ANO DISTANCES ALONG SAID WEST RIGHT OF WAY LINE: SOTOI'30'E A DISTANCE OF 162.99 FEET, N63'48'S9'E A DISTANCE OF 5.00 FEET. SOTOt']O'E A DISTANCE OF 82.02 FEED, THENCE DEPARTING SAID WEST RIGHT OF WAY UNE. RUN S83'53'17'W A DISTANCE OF 220.02 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL CONTAINS 1.2187 ACRES, MORE OR LESS. SEE SHEET 2 OF2 FOR SKETCH a 1- C,> a cD 1=- + SHEET!0F2 y. C') Ienrwuo w:IKOUr tHE=SAW THE d; HENRICH--LUKE& ,,,,o, A�■ o SWAGG ERTY, LLC Job No: E-8691 m ssevesa s moppets Dale'. 10—J8-12 LLJ ?es mew seen saw 1101 tekt_MIV,MAO ltlW Drown By:. MIL . J Tow Scale: 1'x100' Mork 1 Luke Professional Surveyor & Mapper Florioo Registration #5006 EXHIBIT . SKETCH OF DESCRIPTIO 6 OF a Pa G2o- z (THIS IS NOT A SURVEY) 9 STATE ROAD 434 131.so' 77,370-2511e (root RANT or war wP 7 14 ' 7'E t5.O3 1 E y� rt o 1 tpatfasr PAK& i it --11197 'SCUM" i � $0. ° ti sspe �• � 1.2157 owes �0 us 1 a-- .00' t N Ts 3 1;"..- ; • r NOT53�17"E 219.97' s'tE. 03.53'17"W 220.02 " X5317 220.02 o POINT Or(NaRtH 3T X10 f v b z 1 G, ca=p s o o .1 E t�7 N ` 6 A B� � =most pip- Y ~ P~' sounokur own. A C O '126,S M' w E 126.784 sV• 11. 2.91 Hens 2.0101 orbs u. g r a (NOT ROAM ° vs o v q N -4 IP to 9 44 -o_ uNE EAs� MOlirr WAY LOW DLYO vaN Koff Or 1 O vmwIl+c MOILOw WO SOUTH UNE Or LOT 25 583'48.59"W 220.02 S8Y43' g�y,� 219.97 l-- N waiver 21+003' LINE W WOW" _ D 474 ES 4.TH d pow or ENTT� ((MO 81111 ST lM11Cf1, s 11 CoWPWW U SW COtkITJt.LOT 25, BLOCK D X10 TLAR�rows X72 Q PLAT 00 1,K S oT THE LEVY GRANT 11/ei Mm ow Ia.Hd mat c�j C? • Q SHEET 2OF2 c:3 HENR/CHnot+DLO NOWT WT oc 901NIR Ate THE }. --LUKE& „,�„ f_ SVIIAGGERTY, LLC doo No: E-8091 __I 0 oc nn,'CI Mk, Dole: 10-18-12 n] V LL t•�~ ..r loft �nw Drown 6y: Mk SEE SHEET 1 OF 6L C7 4..., + scoffs: 1-.100' FOR DESCRIPTION u.../EIN.,Inspe AND SIGNATURE