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HomeMy WebLinkAbout4027 1~.Mn.n..HI....H..n.I.I. MARyANtE MORSE, CLERK OF CIRCUIT COURT SEMINOlE aufTY 8K 16485 PgI 1712 - 713, (4PDI) . CLERK'S # 200G182175 Ordinance No. 4027 RECORDED 11/16/2tt6 11149143 AM . . ~RDING ~~ 33.31 An ordinance of the City of Sanford, FI~"adN1d abandoning the northerly ninety three feet (93') of a fourteen feet (14') wide utility easement that was platted upon Lots 9 and 10, of the plat of Highland Park as recorded in Plat Book 4, Page 28 of the Public Records of Seminole County, Florida (2000 S. Oak Avenue); providing for the taking of implementing administrative actions; providing for legislative findings and intent; repealing all conflicting ordinances; providing for severability; providing for non-codification and providing for an effective date. 00 00 t-- ...... I N t-- t-- N M ....:l ~ -d' ~ tE ~ 00. Whereas, an application was filed with the City Clerk of the City of Sanford, Florida, by Melissa and Alan Joyce, to vacate, and abandon the northerly ninety three (93') of a fourteen feet (14') wide utility easement as depicted on Lots 9 and 10 (2000 S. Oak Avenue) of the plat of Highland Park, as recorded in Plat Book 4, Page 28 of the Public Records of Seminole County, Florida; more specifically described in Exhibit "A"; and Whereas, the City Commission of the City of Sanford, Florida finds that vacating, and abandoning of said portion of the utility easement will not operate to the detriment of the City or the public provided that the conditions set forth in this Ordinance are imposed relative to the vacation and abandonment action taken herein in order to protect the public interest. " ~ ~ 00 00 t-- ...... Now, therefore, be it enacted by the People of the City of Sanford, Florida: ><: o l:O o ~ "cf i 00. <+-< o .c U ~ CI) o .c U .8 Section 1. Legislative findings and intent. (a) The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the recitals (whereas clauses) to this Ordinance, the City staff report and City Commission agenda memorandum relating to the application relating to the proposed partial vacation and abandonment of the easement as set forth herein. (b) The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. (c) This Ordinance is consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford. Section 2. Vacation of easement (partial)/implementing actions. j Ordinance No. 4027 Page No. 1 (a) The northerly ninety three (93') of a fourteen feet (14') wide utility easement, as described and depicted in Exhibit "A" (2000 S. Oak Avenue) (Lots 9 and 10 of the plat of Highland Park, as recorded in Plat Book 4 Page 28 of the Public Records of Seminole County, Florida), be and the same is hereby vacated, and abandoned; provided, however, that the City of Sanford hereby retains the perpetual right to enter upon said easement area at any time deemed necessary to construct, lay, reconstruct, operate, maintain, modify, and/or repair utilities thereto for the purpose of operating and supplying utility services; provided, further, however, that the City of Sanford does not release any right of any nature relative to the remaining portion of the said easement. (b) The City Manager, or designee, is hereby authorized to execute the documents necessary to the action taken herein. Section 3. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed Section 4. Severability. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. Section 5. Non-Codification. This Ordinance shall be not be codified in the City Code of the City of Sanford or the Land Development Code of the City of Sanford. Section 6. Effective Date. This Ordinance shall take effect immediately upon passage and adoption. Passed and adopted this 13th day of November, 2006. Attest: ~1/1i1( ./1uwjdz; aanet Dougherty, any Clerk' City Commission of the City of Sanford, Florida f:' (-<==~---------. ~~ Linda Kuty" Mayor Page No.2 Certificate I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 4027, Passed and Adopted by the City Commission of the City of Sanford, Florida, on the 13th day of November, 2006, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 15th day of November, 2006. ," "'~ ~1t#r< . l/lw01ied;;j anet R. Dougherty C As the City Clerk of the City of Sanford, Florida ./" \~.;( sMlt.\ ..... V,)) . ;(; :' -\... . J-.... . ..1' ", .' _ . ":;1 ", 4. U ,,). .,~.:~~ .. - .~ . ..... . : - lW. :-" : .. ". t,"l . . '. > .: j", \'"'.' 1.- ,'^-.. ; - , ..' ...\.. '. I, ..... \J '\ ..QI-CC'l I. l: Page No.3 , . , .lo ~ . ' EXHIBIT "A" 4 ' . > <( ~ C5 EASEMENT VACATE REQUEST 14' UTILITY EASEMENT PARCEL NUMBER: 36-19-30-534-0200-0070 , , ~ o W 20TH ST 8 ~D W 21ST ST > <( ~ <( o .-.. NORTH PROPERTY 1.0. # PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING ACRES COUNTY CITY 1 36-19-30-534-0200-0070 HILGENBERG BERNARD J 207 W 20TH 5T 5R-1A 0.19 & MARIE A 2 36-19-30-534-0200-0160 JARRELL L YBBIA B 2010 OAK AVE 5R-1A 0.76