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Home My WebLink About4090 (2) -Y- 00 00 r--- ...... I N r--- r--- N M ......l ~ -d' l-< c.S ~ rF1 00 00 r--- ...... ~ o c:o o ~ "E~ c.S ~ rF1 ~ o C U ~ ~ o c U o ..... E ::s ..... ~ p::: 11111111111111111 HI II III II HI 1111111 III II 11111 "11111111111 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, 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" 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, E.R 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 run 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 XI ",'- m "';: q i, 7\ :-~ 11'1 I:, ITI Z i)) Z ..1';. m .p. c: C)n ..Co:> ~il t.':' :;u m rn- nO rO'f r'- ._, n.. ro III :;1J -~ ;'1';: f'" c} ~.... "T) l'1' r/' A .:- ~51 :;(1 ,W' g ., ':> r" :Ii -..( v:' ~ ..". o 1'- rn n c> c ~ .....; 17J ..." Z 1-.:- a a ec- a 1-.:- ~~. (.~. (.~I 1,0 UJ r:: o cr.\ ;.0 (,', ::;:1 """CI \D 1Il a "'~I '.0 a "-', i.o .t." '01 '"0 \0 1Il ""-,, Xl m o o a ~~. ~ a:. i::2; P- C) cc- o (,~1 1-..:. - j..;. c:.' :r! s. 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 f " ,,J .\, ;- '-' ',) ~\ >, . f-_ - U 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, .,' " u, \ /) City Commission of the City of Sanford, Florida , - \1_ . Att~st: ,;, :\ >-. , . '..... 'tl!~ . J!JJ-/A (Janet Dougherty, Cit ~nda~~ Ma~~r ~. .... - 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. j \ I . 'J ,1;/ V" " ',,-, ~;:.~ Jet R Dougherty As the City Clerk of the City of Sanford, Florida - I' , \ ).., .," ','\ , '-" r, () <;' I '0' ::. Ordinance No. 4090 Page NO.3 Coastline Park I) ~ -.11 \ fit \ . \ \ : o\1.J ROW VACATE REQUEST W 11TH ST =II: Cl. C :E PROPERTY 1.0. # 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 ,25-19-3D-30o-027G-OOOO I ~ a: ~ w o PROPERTY OWNER BRIAN & OLGA SMYLIE SANFORD CITY OF SANFORD CITY OF KEITT CARLING & DIANE F i CSXTRANSPORTATION INC PROPERTY ZONING i COUNTY CITY MR-2 MR-2 MR-2 MR-2 MR-2 / W 10TH ST J ~ ~ ..I o ::J: W 11TH ST ; 814 W 11TH ST 902 9TH ST W HOllY AVE ~ NORTH , li:E2 SKETCH OF DESCRIPTION FOR OlGA SMYLIE Legal Description EX~I~1 'A' 11 2 of 2.. BEGINNING at the SouthW&St Comer of Lot 9, Block 12, rl8f' 11, flORIDA LAND & COlONIZATION CO., E. R. TRAFFORD'S MAP OF THE TOWN OF SANFORD, according to the plat thel'llOf as recorded in Pial Book 1, Page 561hrough 64, of the Public Records of Seminole County, Florida. thence IUft West, along the Westerly 8XIension of the Nor1h RIght-of-way Line of 11" Street. a distance of 8.30 teet; tlence I\I'l N,00"01'S5"E., plnIIeI wi1h lhe east Right-Of-way line of cedar Aveooe, a distance of 137,30 f8et; theR:e run B,ll9'58'3TE. 8.30 feel to the NoIthw8st Comer of said Lot 9: thence IWl S,lJOI01'S5"W" along the West line of said LoI9, adistlnle of 137.30 teettolle POOl ofBegitning, o ...., I- ~ N 89'58'''7" E r=. 12.451 .,30~ I /: "'5.'3~" w L:VIr \ \ \ ! I " \ t i 9 t \ \ i \ i ~ i ,~, \~ \ \n I . \ () \ i- t . \ i i I i \ \ i \ i \ i i i i \ \ i i \ i POINT OF BEGINNING i sw CORNER lOT 9, i BlOCK 12. TlER 11 \ '\ ----'([--EtEVENTlI - STREET--,---L- SCALE: 1"=30' (fl G: ...., ci bl I I a a t<) t<) r.: r.: t<) t<) ....' w 3: ::0 ~ Ii o ~ in in ~ 10 5 o o z , , b 1 .. 'Q , \ ~"''ii. \ 'a.~l,} \ "u'~"'. \ o.....~. \ . \=141:- 29,48" EAST SURVEY NOTES: 1) Belmgs shoWn hereon are bleed on lie North RighklHvay Lk1e cI EIevenfl Sftet I88UI'II8lI " be Due eesl 2) This is not a 'BOUNDARY SURVEY", only a "Sketch of DesaipIonI" of lhe Ieg;I cIescr1IIon heIeon as prepared by the undeIslgned, SURVEYOR'S CERTIFICATE This is to certify that I have -m 8 Survey of the IIbove dBscribed property W1d that the plat her--. delineated is lIl'\ 8a;urate repres8'1taUon of the _. I further certify that this Surwy ~s the I'IlniIuI Technical Stendards set forth by the Florida BoIIrd of L8nd Surue)l0r5 purlIUM'lt to SeeUon 427.rIZ7 of the FlarldB Statutes. REVISIONS. CERTIFIED CDlRECT m. Ii i PROJECT NO: C7-,90(A) K VI . INC. R. BlAIR KITNER - P.L.S. NO. 3382 Post Offl.ca 8<!x 823, Sanford, n. 32'712-0023 (4tl7) 322-2lID SURVEY DATE: 2/ DEC. ~7 ;>~' cr. C) ~-, C" ~ r:.:; G') .~ i-.. -+:I' ( ~ C.J ::::J C/) >- a::: 1-0 --J ~ CO c:.::J Ll.I ~