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Home My WebLink AboutResolution 2015-26 Vistawilla Lot Split o RESOLUTION NO. 2015-26 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; PROVIDING FOR THE DIVISION OF AN ORIGINALLY PLATTED LOT OWNED BY VISTAWILLA A OFFICE CENTER, LLC. AND GENERALLY LOCATED ADJACENT TO STATE ROAD 434 TO THE NORTH AND THE BLACK HAMMOCK TRAIL HEAD TO THE EAST 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 V111,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, Vistawilla Office Center, LLC. (hereinafter "Owner") is the owner of an office building and certain real property generally located along State Road 434 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. City of Winter Springs 111111[lilt 11111 lill Resolution No.2015-26 MAPY`NNE NORSE,- rS1--.A-1N0L.F* fl`�UUNTY Page I of 3 CLEERK 01F CIRCUIT COURT B K FILE NUN 1'5 1 71.15 9 F,'E(:0RDE!J J1 11.8,`20 15 09 4 0 5 A 111 F EES $35 REC NDINIG 17 '50 RrDMRDED By hdevopc- NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER 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. (a) Subject to the condition stated below, the City Commission hereby approves, pursuant to section 9-11 of the City Code, the division of the real property generally located along State Road 434 and adjacent to the Black Hammock Trailhead, and 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 on"Exhibit A"as Lot Split Parcel 1 and Lot Split Parcel 2. (b) As a condition of this Lot Split and any future development permit for the development of Lot Split Parcel 2,the Owner shall be required to prepare and record in the Official Records of Seminole County, Florida, a Declaration of Easements providing that Lot Split 1 and Lot Split 2 Parcels share access to certain sidewalks,driveway,parking spaces, stormwater piping and inlet and other utility facilities serving both parcels. Said easement shall be in a form acceptable to the City Engineer and City Attorney consistent with the Final Engineering Plans and other permits previously approved by the City for the existing office building located on Lot Split Parcel 1. A draft Easement shall be provided to the City for review and approval within thirty (30) days of the Effective Date of this Resolution and shall be recorded simultaneously with this Resolution at the Owner's expense. (c) Upon recordation of this Resolution and Declaration of Easements 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 at such time a fully executed and recordable Declaration of Easements has been City of Winter Springs Resolution No.2015-26 Page 2 of 3 e delivered to the City by the Owner. At such time, the Community Development Department is hereby directed to modify city maps and documents to reflect the lot split upon recordation of this Resolution. Sect__, on 6. Effective Date° This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. However,the Resolution shall not be binding upon the Property until recorded by the City in accordance with the requirements of this Resolution. If the Declaration of Easements is not provided to the City in executed and recordable form within ninety (90) days of the adoption of this Resolution, this Resolution shall automatically be deemed null and void. ADOPTED by the City Commission of the City of Winter Springs,Florida,this 26"day of October, 2015, C 1 Charles Lacey,May A' 'ES (pity Seal): Lo Lorenzo-Luaces,City Clerk Approved as to legal form and sufficiency for the City inter Springs only: ANTHONY A.GATtGANESE,City Attorney City of Winter Springs Resolution No,2015-26 Page 3 of 3 ————————-- r---------- Ni z �fli 12 341YO V77kAVIS A Q L CL Z3 L--——————————————————-- mio OkhqiV 0- U) WPM On 4"'i I" HN!" I ;�-1, �1 OpbiQ p,gv�z xi-; '12--w Nr, jaNg R g h5ti t� S'-X a�qplei :5 m2-� '4 ��, -1�- 4~ lit �po W�q V-d 1 P 11 1 p, 1,1 ,_,T, LLI oEz� h w - U K aos c Q (,) I tz 8�1 RhM15 ig-hqigil-��V! RUNS. L4 It -4 4 r PRO a N =LC --R-9450 I; co 5§p b�E ANIP 24,0 A ti R-Mqp v cap �%NfiQRW -4 RIK! 2 N N< ij qp QL MIR Cu ti Rimiwkb 5 1 ask, , -- NPIR. i o U MGM 04 Ltr ei laW v aN POi� alt�I I EXHIBIT