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ORDINANCE NO. 4090
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA VACATING
AND ABANDONING THE EAST 8.30' WIDE PORTION OF CEDAR
AVENUE RIGHT-OF-WAY BETWEEN WEST 11th STREET AND WEST
10th STREET CONTIGUOUS TO LOT 9, BLOCK 12, TIER 11, E.R.
TRAFFORD'S MAP OF SANFORD AS RECORDED IN PLAT BOOK 1,
PAGES 56 THROUGH 64, OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; 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.
Whereas, an application was filed with the City Commission of the City of
Sanford, Florida, to vacate, and abandon the east 8.30' wide portion of Cedar Avenue
right-of-way between west 11th Street and west 10th Street contiguous to Lot 9, Block
12, Tier 11, ER Trafford's map of Sanford as recorded in Plat Book 1, Pages 56
through 64, of the Public Records of Seminole County, Florida; more specifically
described in Exhibit "A" and by the following legal description as provided by the
applicant:
Beginning at the Southwest Corner of Lot 9, Block 12, Tier
11, Florida Land and Colonization Co, ER Trafford's Map of
the Town of Sanford, according to the plat thereof as
recorded in Plat Book 1, Pages 56 through 64, of the Public
Records of Seminole County, Florida, thence run West,
along the Westerly extension of the North right-of-way line of
11th Street, a distance of 8.30 feet; then fun N. 00001'55''E,
parallel with the east Right-of-Way Line of Cedar Avenue, a
distance of 137.30 feet; thence run B.89058'37"E 8.30 feet
to the Northwest Corner of said Lot 9; thence run
S.00001 '55"W, along the West line of said Lot 9, a distance
of 137.30 feet to the Point of Beginning.
; and
Whereas, the City Commission of the City of Sanford, Florida finds that vacating,
and abandoning said portion of the right-of-way 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
continuing public interest in utility management.
Now, therefore, be it enacted by the People of the City of Sanford, Florida:
Ordinance No. 4090
Page No, 1
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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 right-of-way vacation and abandonment 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 and abandonment of right-of-way; reserving easement
for public utility maintenance purposes; implementing actions.
a) The east 8.30' wide portion of Cedar Avenue right-of-way between west
11th Street and west 10th Street contiguous to Lot 9, Block 12, Tier 11, E.R. Trafford's
map of Sanford as recorded in Plat Book 1, Pages 56 through 64, of the Public Records
of Seminole County, Florida; more specifically described in Exhibit "A", be and the same
is hereby vacated, and abandoned; provided that the City of Sanford hereby retains the
perpetual right to enter upon said area at any time deemed necessary and shall retain
an easement for public utility maintenance purposes; provided, further, however, that
the City of Sanford does not release any right of any nature relative to the remaining
portion of the said right-of-way of Cedar Avenue.
(b) The City Manager, or designee, is hereby authorized to execute the
documents necessary to implement the action taken herein.
Section 3. Recordation. It shall be the sole responsibility of the applicant to
record amongst the Public Records of Seminole County all such notices, proofs of
publication and ordinance as shall be required to perfect title to the subject property for
the abutting landowner.
Section 4. Conflicts. All ordinances or part of ordinances in conflict with this
Ordinance are hereby repealed
Section 5. 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 6. Non-Codification. This Ordinance shall be not be codified in the
Ordinance No. 4090
Page NO.2
,\,
City Code of the City of Sanford or the Land Development Code of the City of Sanford.
Section 7. Effective Date. This Ordinance shall take effect immediately upon
passage and adoption,
Passed and adopted this 25th day of February, 2008,
" I .' i \..;, I. iJ
City Commission of the City of
Sanford, Florida
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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. 4090, Passed and Adopted
by the City Commission of the City of Sanford, Florida, on the 25th day of February,
2008, was posted at the front door of the City Hall in the City of Sanford, Florida, on the
2yth day of February, 2008.
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Ordinance No. 4090
Page NO.3
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ROW VACATE
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PROPERTY 1.0. '#
PROPERTY OWNER
1 25-19-30-5AG-1211-0090
2 25-19-30-300-0250-0000
3 25-19-30-300-0248-0000
4 i25-19-30-512-1211-003A
5 ,25-19-30-300-027G-OOOO
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BRIAN & OLGA SMYLIE
SANFORD CITY OF
SANFORD CITY OF
KEITT CARLING & DIANE F
f CSX TRANSPORTATION INC
PROPERTY ZONING
i COUNTY CITY
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W 11TH 5T
, 814 W 11TH ST
902 9TH ST W
HOllY AVE
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SKETCH OF DESCRIPTION
FOR
OLGA SMYLIE
Legal Description
BEGINNING at the Southwest Comer of Lot 9, Block 12, TI8f' 11, FLORIDA LAND & COLONIZATION CO., E. R. TRAFFORD'S
MAP OF THE TOWN OF SANFORD, according 10 the plat thereof 8$ recorded in Plat Book 1. Page 56 through 64, of the Public
Records of Seminole County, Florida. thence Nn West, aJong the Westerly extension of the North Right-of-way Une of 11111
Street, a dislance of 8.30 feet thence run N.00"01'SS"E., parallel wilh the east ~ht-Of-way Una of cedar Avenue, a distance of
137,30 feet; thence run B.89D58'3rE. 8.30 feet to the NOIthw8st Comer of said Lot 9; thence run S.llO"01'SS"W., along the
West Una of said Lot 9, a distance of 137,30 feet to the Point of BegInning.
I
N 119'511'37" E IV:;:- 12.451
8,30' I r:s 119'511'3r w
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SW CORNER lOT 9. \
BLOCK 12, llER 11 .
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SURVEY NOTES:
1) Bearings shown hereon are _ on lhe North RIght-of-way Lk1e of Eleventh Slreel assumed 10 be Due easl
2) This is nol a 'BOUNDARY SURVEY", only a 'Skefth of Oesaiplions" of the legal desaiptlon heraon as prepared by the
undersigned ,
SURVEYOR'S CERTIfICATE
This is to certify that 1 have IIIllde a Suruey of the above described property and that the plat her--. delineated
is an accurate reprllStWltation of the _. I further certify that thIs Survey _ts the I'lin1nJI Technical
Standards set forth by the Florida Board of LIIl'Id ~OI'" pursuant to Section 427.Cl27 of the Florid8 Statutes.
REVlSICWSI
CERTIFIED aRlEt:T m I
K RU VI ,I .
R. BlAIR KITNER - P.l.S. NO. 3382
Post Office Bnx B2J, Sanford, Fl. J27?2-0023
(4a7) 322-2(0)
SURVEY DATE: 2/ DEC. Z~7
Ii
i PROJECT NO: b7-,90 (A)