HomeMy WebLinkAboutEasement-1994/1995 Easement dispute brews y
Oviedo City Council permit for two
Intercity chess and the attorney's office to
lots a within conditional use Towne for two • Scott Culp, representing
owneers of the Vision tthhe easement why Winter S�gi demanded a��
lots commercial neuscawts of about Center. Developers Inc.,I owners of the lots, ssiblefarthatcitytoorderanease-
The a a at of a of abdut3 Cars cal himself chess ss lde bet ee p� m nt on pmperty over which it had
in size are pmt f in 8aae tract u- and legal chow gam
the south side ofWinterSprings Bou- cities of Oviedo comments from -no Willimnl Reischmann.acting in the
levard. . ' The only rega
Them uncdfounditselfin a parka- the Oviedo Councdabout the request place of City AttomeYWiDioColbert,
mentary procedure maze Monday had to dowith a 10-foot conservation said thatColbed'sohce had reviewed
night after one motion to approve the easement along the southern botmd- the on its ease, that must
an) of the lots. Previous property . _:
and another motion to delay consid- owners had granted the easement to able,"he said.-'-
erationforamaximumof30dayshst the city of Winters rid as of a -collars wcowd o?n amder arr
ono split vote - ' :1990 1990,d-obit settlement Yet the prop-
Bya31 vote,the Sakti delayed -onlylies within Oviedo city limits. could demand easements within
any decision on the permit rmfilApril Vision Developers bought the _Oviedo. Their pazto seine d to
18,its nod regularly scheduled meet- propertywiththetasementonit p when ertoa nanMikethemeskod
ing. Councilman John Benson cast said they did not have the legal its
the dissenting vote. Council Chair- to would have be made by session:a be
ong a new mm�e for the
man Tom Hagood was not at the q non:aearnpa new name rd that
meeting, due to a scheduled vaca- Winter Springs. .- - continued on page 12
tion. . . . The council asked the city staff _
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A little land goes long
Northern ` ap area ❑Winter Springs has a
Plea), ' conservation easement that,
winters I N T E�t- at least for now, is holding
Senn SPRINGS-
. SEMINOLE up a key mall access road.
a
A Central
e Florida
GreeneWay °IDM By Will Wellona
T U S C A W I L A — 1r
OF THE SENTINEL STAFF
m Broadway St.! — i e OVIEDO — It seems harmless
I:r.N.r11.d1JS/ o O V I E D O enough — a 10-foot-wide strip of dirt
stretching a few hundred feet across
,„ the southern edge of the Tuscawilla
r ;t•• r .: community.
N
' _,.. . Mitchell Hammock Rd. But a conservation easement not
m
even a car length atp opoe has regional gion at bay
gJ developers of a proposed regional mall
0D.5 @{ d outside Oviedo for more than a year.
"MILES �. '' It may be the bargaining chip that
wins Winter Springs hundreds of thou-
THE ORLANDO SENTINEL sands of dollars in concessions from
METRO The Orlando Sentinel.Monday,March 13,1995 B4
way in blocking Oviedo mall
mall developer The Rouse Co. and Hal Kantor,the developer's attorney, was not recorded right away because
landowner The Viera Co. disagrees. the property changed owners.
The city controls the easement, "It is not a conservation easement.It Oviedo officials say the easement
which runs parallel to Winter Springs is a spite strip," he said, adding that was a surprise to them. City Manager
Boulevard east to State Road 426 into its sole purpose is to block a roadway. Gene Williford said he has never heard
Oviedo.Rouse and Viera need permis- The easement even prohibits bridging of the city controlling an easement in
sion to build an access road across it. the strip. another city.
Winter Springs commissioners and The easement has sparked lawsuits "As a professional courtesy, you
Tuscawilla residents say such a road between Winter Springs and Oviedo, would think the city would be noti-
will create cut-through traffic on Win- which hopes to annex the mall site. fled,"he said.
ter Springs Boulevard, destroying the The strip's creator, Winter Springs The easement's fate may be decided
neighborhood's tranquility. City Attorney Frank Kruppenbacher, by a Seminole County circuit judge
Conservation easements are com- conceived the idea in 1991 as part of a who next month will hear Oviedo's re-
mon, created by government agencies legal settlement with a Tuscawilla de- quest to condemn the strip.
to protect pristine land or recreation veloper over building rights. Developers and the city began nego-
areas from development, attorneys for The easement was not officially born tiating in private Friday to settle the
the developer and the city say. until two years later,when it was made dispute over the path of the mall en-
But in this case,Winter Springs offi- legal. By then, the Central Florida trance. The city has already rejected
dais say,the easement is guarding the GreeneWay already had been built an offer from the developers that in-
Tuscawilla community. across the strip,and rumors were float- eluded$330,000 in concessions.
"It is doing what it is intended to do ing about a mall at Oviedo Crossing, a The Winter Springs Commission
— protect Tuscawilla," Mayor John 435-acre project owned by Viera. meets at 7:30 p.m. today but the mall
Bush said. Kruppenbacher said the easement is not scheduled to be discussed.
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