HomeMy WebLinkAboutResolution 2013-25 Winding Hollow Lot Split Developer's Agreement -2013 MARYANNE MORSE, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
8K 08168 Pgs 1642 - 1648; (7pgs)
CLERK' # o1;s1 +=118
RECORDED 11/26/2013 11:01:18 AM
RESOLUTION NO. 2013-25 RECORDING FEES 61.00
RECORDED BY H DeVore
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
w FLORIDA, PROVIDING FOR THE DIVISION OF AN
aCcii ORIGINALLY PLATTED LOT OWNED BY WINTERSPRING
LAND LTD. AND GENERALLY LOCATED ON THE
M SOUTHEAST CORNER OF THE INTERSECTION OF STATE
Q w ROAD 434 AND WINDING HOLLOW BOULEVARD,
° O 6 WINTER SPRINGS, FLORIDA INTO TWO (2) LOTS OF
E g z RECORD FOR DEVELOPMENT PURPOSES; PROVIDING
x ¢ o 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 southeast 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.2013-25
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 July 22, 2013 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 southeast 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
simultaneously approved and executed by the City and the property owner of the southeast parcel
memorializing the terms and conditions of the lot split required by the City Commission in
accordance with the public hearing conducted on July 22, 2013.
[EXECUTION PAGE FOLLOWS]
City of Winter Springs
Resolution No.2013-25
Page 2 of 3
ADOPTED by the City Commission of the City of Winter Springs, Florida, this 02 day
of J , 2013.
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Andrea orenzo-Luaces, City Clerk ''2 . J�!},\'�
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Approved as to legal form and sufficiency for
the City of Winter Springs only:
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ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution No. 2013-25
Page 3 of 3
SKETCH OF DESCRIPTION EXHIBIT
(THIS IS NOT A SURVEY)
DESCRIPTION — (MASTER PARCEL):
A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE RUN N83'48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE
OF 280.03 FEET TO THE POINT OF BEGINNING, BEING A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING
HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN THE FOLLOWING
THREE (3) COURSES ALONG SAID EAST RIGHT—OF—WAY LINE: NO7'01'30"W, A DISTANCE OF 658.07 FEET;
THENCE N83'48'59"E A DISTANCE OF 5.00 FEET; THENCE NO7'O1'30"W A DISTANCE OF 162.95 FEET TO A POINT
ON THE SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 PER FLORIDA DEPARTMENT OF TRANSPORTATION
RIGHT—OF—WAY MAP SECTION 77070-2518; THENCE DEPARTING SAID EAST RIGHT—OF—WAY LINE OF WINDING
HOLLOW BOULEVARD RUN N83'53'17"E ALONG SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 A
DISTANCE OF 214.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING SAID
SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 RUN 507'01'30"E ALONG THE EAST LINE OF SAID LOT 25,
BLOCK D A DISTANCE OF 575.72 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 25, BLOCK D; THENCE
DEPARTING THE EAST LINE OF SAID LOT 25, BLOCK D RUN S83'48'S9"W ALONG THE SOUTH LINE OF SAID LOT
25, BLOCK D A DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL CONTAINS 4.13 ACRES (179,734 SQUARE FEET), MORE OR LESS.
SEE SHEET 2 OF 2 FOR SKETCH
SURVEYOR'S REPORT:
1. The lands as shown hereon lie within Section 26, Township 20 S., Range 30 E., Seminole County, Florida.
2. This is not a boundary survey.
3. All easements of which the surveyor has knowledge of, or has been furnished, hove been noted on this map.
4. No title data has been provided to this surveyor unless otherwise noted.
5. Bearings shown hereon are assumed relative to the South line of Lot 25, Block D, D R Mitchell's Survey of the Leyy
Grant, as recorded in Plat Book 1, Page 5; said bearing being N83'48'59"E. _ ,I-TEET..1 0F2
NOT VALID WITHOUT THE SIGNATU RE ANp-THE
H L S M L L C ORIGINAL RA €U�APL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
Henrich—Luke—Swaggerty—Menard Job No: E-9149
Professional Surveyors&Mappers Dote: 6/27/13
165 Middle Street, Suite 1 ioi Drawn By ADA /4:4:—
Lake Mary, Florida 32746
P. (407) 647-7346 Scale: 1"=-100' William 'f, Menard
P. (407) 647-8097 Professional Su r lVey� &=
Mapper
WWW.FIoridaLandSurveyor.com Licensed Business No. 7276 Florida Registration p5625
SKETCH OF DESCRIPTION
• OF
(THIS IS NOT A SURVEY)
STATE ROAD 434 SOUTH FON LINE
131.50 R/W OF STATE ROAD 434
N83'S3'17"E 214.97'
(FOOT RIGHT OF WAY MAP SECTION 77070-2518)
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POINT OF COMMENCEMENT
BOOK 47, PAGES
SW CORNER, LOT 25, BLOCK D
D R MITCHELL'S SURVEY OF THE LEVY GRANT POINT OF BEGINNING
LEGEND PLAT BOOK ,, PAGE 5
FDOT FLORIDA DEPARTMENT OF TRANSPORTATION PAGE AN
1R/W FLORIDA POW(ORB 1B3HT PAGE 1
ORB OFFICIAL RECORDS BOOK
PG PAGE
R/W RIGHT-OF-WAY
SQ. FT. SQUARE FEET
nE CENTERLINE AND ORB 148, PAGE 79)
SHEET 2 OF 2
NOT VALID WITHOUT THE SIGNATURE AND THE
H L S M L L C ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
Henrich-Luke-Swoggerty-Menord Job No: E-9149
Professional Surveyors&Mappers Date: 6/27/13
165 Middle Street, Suite 1101 Drown By: ADA SEE SHEET 1 OF2
Lake Mary, Florida 32746 FOR DESCRIPTION
P. (407) 647-7346 Scale: 1°=100'
P. (407) 647-8097 AND SIGNATURE
www.FloridaLondSurveyor.com
Licensed Business No 7276
SKETCH OF DESCRIPTION EXHIBIT
•
OF
(THIS IS NOT A SURVEY) 1
DESCRIPTION — (NORTHEAST PARCEL):
A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE RUN N83'48'S9"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE
OF 280.03 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD AS RECORDED
IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN N07'O1'30"W, A DISTANCE OF 575.99 FEET FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE THE FOLLOWING THREE (3) COURSES ALONG SAID EAST
RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD: NO7'01'30"W A DISTANCE OF 82.08 FEET; THENCE
N83'48'59"E A DISTANCE OF 5.00 FEET; THENCE NO7'01'30"W A DISTANCE OF 162.95 FEET TO A POINT ON THE
SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY
MAP SECTION 77070-2518; THENCE DEPARTING SAID EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD
RUN N83'53'17"E ALONG SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 A DISTANCE OF 214.97 FEET
TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING SAID SOUTH RIGHT—OF—WAY
LINE OF STATE ROAD 434 RUN SO7'O1'30"E ALONG THE EAST LINE OF SAID LOT 25, BLOCK D A DISTANCE OF
245.03 FEET; THENCE DEPARTING THE EAST LINE OF SAID LOT 25, BLOCK D RUN S83'53'17"W A DISTANCE OF
219.97 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL CONTAINS 1.22 ACRES (53,077 SQUARE FEET), MORE OR LESS.
DESCRIPTION — (SOUTHEAST PARCEL):
A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE RUN N83'48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE
OF 280.03 FEET THE POINT OF BEGINNING, BEING A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING
HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN NOTO1'30"W
ALONG THE EAST RIGHT—OF—WAY LINE OF SAID WINDING HOLLOW BOULEVARD A DISTANCE OF 575.99 FEET;
THENCE DEPARTING THE EAST RIGHT—OF—WAY LINE OF SAID WINDING HOLLOW BOULEVARD N83'53'17"E A
DISTANCE OF 219.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE SOTO1'32"E
ALONG THE EAST LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF 575.72 FEET TO THE SOUTH LINE OF SAID
LOT 25, BLOCK D; THENCE S83'48'59"W ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF
219.97 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL CONTAINS 2.91 ACRES (126,656 SQUARE FEET), MORE OR LESS.
SEE SHEET 2 OF 2 FOR SKETCH
SURVEYOR'S REPORT:
1. The lands as shown hereon he within Section 26, Township 20 S., Range 30 E., Seminole County, Florida.
2. This is not a boundary survey.
3. All easements of which the surveyor has knowledge of, or has been furnished, have been noted on this map.
4. No title data has been provided to this surveyor unless otherwise noted.
5. Bearings shown hereon are assumed relative to the South line of Lot 25, Block D, D R Mitchell's Survey of
the Levy Grant, as recorded in Plat Book 1, Poge 5; said bearing being N83'48'59"E.
S1i)=ET 1 OF2
NOT VALID WITHQVT THE SIGNATURE AND THE
H SUEYO-RAED,SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
Henrich—Luke—Swaggerty—Mena rd Job No: E-9149 ;
Professional Surveyors&Mappers Date: 6/27/13
165 Middle street, suite 1101 Drawn By ADA
Lake Mary, Florida 32746 '
P. (407) 647-7346 Scale: 1"=100' William F. Mrtard
•
P. (407) 647-8097 Professional Suf'1eybi'& Mapper
WWW.FloridaLondSu rveyor.com
Licensed Business No. 7276 Florida Registration #5625
SKETCH OF DESCRIPTION
OF
(THIS IS NOT A SURVEY)
STATE ROAD 434
131.50' R/W 214.97'
N83'S3'17"E
77o7o–zs18
(FOOT RIGHT OF WAY MROADE 434 Z
R W LINE OF STATE O
SOUTH / — 1n
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I I NORTHEAST PAR LA N
\ 1.22 ACRES m
NORTHWEST PARCEL o1 (53.077 SO' )
N N� v
I 1.22 ACRES
(53,087 SC)' O. A
I (NOT INCLUDED N83•48'59"E 5.00' `04
NOT01'30"W 82.08'
I I 21 .97' �"'°
883'53'17"W g�>
219.97' °7
_ _ — N83'53'17"E "_472
POINT OF BEGINNING 'o 0
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(NORTHEAST PARCEL) u+r-
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WEST RIGHT OF
WAY LINE WINDING HOLLOW BLVD
IWINDING HOLLOW BLVD
I 1
I 1 I
ISOUTH LINE OF LOT 25 ,W 219.97'
— S83'48'59'
_ -- -- N 83.45'59.1 280.03' WINDING
NORTH UNE OF
HOLLOW 47NE OF S 94T 96)
POINT OF COMMENCEMENT BooK
SW CORNER, LOT 25, BLOCK D
D R MITCHELL'S SURVEY OF THE LEVY GRANT POINT OF BEGINNING
LEGEND PLAT BOOK 1, PAGE 5 (SOUTHEAST PARCEL)
FOOT FLORIDA DEPARTMENT OF TRANSPORTATION
ORB OFFICIAL RECORDS BOOK 110 FLORIDA POWER &in, PAGE
PG R0' AGREEMENT (ORB 183.
PAGE AND ORB 148, PAGE 79)
R/W RIGHT-OF-WAY
SO. F�• SOUARE FEET
CENTERLINE
SHEET 2 OF 2
NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
H L S M L L C
SURVEYOR AND MAPPER.
Henrich–Luke–Swoggerty–Menard Job No E-9149
Professional Surveyors&Mappers Date: 6/27/13
165 Middle Street, Suite 1101 Drawn By: ADA SEE SHEET 1 OF
Lake Mary, Florida 32746 FOR DESCRIPTION
P. (407) 647-7346 Scale: 1"=100
P. (407) 647-8097 AND SIGNATURE
WWW.FIOridolondSurveyor.com
Licensed Business No. 7276