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Home My WebLink About4136 .. "BIIt 11t...B'1I111118"111I.,IIIII. B III I II11 ~ XI c'" m "1-;: ('J :x' ..., :-~ III I:, ITI :;c~ i.~1 ~? ORDINANCE NO. 2008-4136 t,;. m ~;:.: (.1", C) ",::;) :Xl AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA VACATING (,o:r :;um m" AND ABANDONING A (14.0') WIDE NORTH/SOUTH EASEMENT AT nO o fj::i 2404 MELLONVlLLE AVENUE AS PLATTED AS PART OF SANFORD '='3 :;u PARK SUBDIVISION AS RECORDED IN PLAT BOOK 5, PAGE 62, OF -~ ;....: .:: C) THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; c:: ..., (II ClJ r") PROVIDING FOR ATTACHMENT AND INCORPORATION OF EXHIBIT; ..., _. (II XI n PROVIDING FOR THE TAKING OF IMPLEMENTING ADMINISTRATIVE c :::::j ACTIONS; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; G' C> REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR c SEVERABILITY; PROVIDING FOR NON-CODIFICA TION AND ~ t.':' PROVIDING FOR AN EFFECTIVE DATE. ~ - .c.. Whereas, an application was filed with the City Commission of the City of 0 r- m ~ n 0 Sanford, Florida, to vacate a fourteen foot (14.0') wide north/south easement as c " ~ J ,,-, 00 depicted adjacent to Lot 110, 111, 112, 113, 114, and a portion of 115, at the residence n 00 r-- ..., .- Z I ....:. <"l of 2404 Mellonville Avenue of the plat of Sanford Park, as recorded in Plat Book 5, a r-- a r-- cc. ...... <"l ....:. M Page 62 of the Public Records of Seminole County, Florida; and specifically described ...... ~ cc. cc. l":. .~:f r:r:J I... in Exhibit "A", pages 1 and 2 inclusive, which is attached hereto and made a part hereof ^ t8 Cl -! ~ Cl cc. 00 by this reference; and 01 r/J ." 10 00 (II r-- Whereas, the City Commission of the City of Sanford, Florida finds that the Cl .- t~, l.7'1 >( ",. 0 , a::1 vacating of said easement will not operate to the detriment of the City or the public t~. 0 01 0'1 ~ provided that any conditions set forth in this Ordinance are imposed relative to the ~ "E 10 (II ....... ~ vacation and abandonment action taken herein in order to protect the public interest. :.tI m CI:l t;? en 0 4... NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF Cl 0 .~ ~ SANFORD, FLORIDA: '.I:.' U ~ Cl i Cl Section 1. Legislative findings and intent. cc. c::. 0 t~, ...... >.. (a) The City Commission of the City of Sanford hereby adopts and cc. - i-.;, .- ~ u incorporates into this Ordinance the recitals (whereas clauses) to this Ordinance, the ." 0 City staff report and City Commission agenda memorandum relating to the application g: - E and the proposed vacation of the easement as set forth herein. ;:j t) ~ i (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 and Section 6.19 of the Land Development Regulations of the City of Sanford. Section 2. Vacation of easementJimplementing actions. (a) To vacate a fourteen foot (14.0') wide north/south easement as depicted adjacent to Lot 110, 111, 112, 113, 114, and a portion of 115, at the residence of 2404 Mellonville Avenue of the plat of Sanford Park, as recorded in Plat Book 5, Page 62 of the Public Records of Seminole County, Florida; and specifically described in Exhibit "A, pages 1 and 2 inclusive, be and the same is hereby vacated. (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 as the abutting land owner( s). 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 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. Ordinance No. 2008-4136 Page NO.2 -~_.~_. . , .;"~^n~~~ed and adopted this 27th day of October, 2008. ::' .\., ~,"" "'/ ~ '. City Commi~ion of the City of : !::.: .",.. "'.. .';11". ~ Sanford, Flonda . o Atfest" , ~. , ~ ", a, ',..!: tl.. . \W4tftt:~ ~MaYO~~' 9- ,-~,......., .~ 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. 2008-4136, Passed and Adopted by the City Commission of the City of Sanford, Florida, on the 27th day of October, 2008, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 30th day of October, 2008. .,.' r ........ ~, . . ~t1wtfI<. ~~ .,./~ SA~JFOt?" .' ~,,". . ..l) J netR.Dougherty .... -\., ;' ; .... . As the City Clerk of the City .: ,..... ,:", '... . /' ",'&" . : --. ~,' . ..~l~-'~. of Sanford, Florida : t); . ..' "\ ,-I'" . u.. . :. :' ,.., . ' ~:-:'~;"~ .: / . ":-' ,.,~ .. , ". U' ", 'I".. .'''' J... .: -. \('~'. ~". . ..." i ". ... ". .," ~ l ", ./,/ ........ a\)' ~_..~..../ " Ordinance No. 2008-4136 Page NO.3 . EXHIBIT "A" UTILITY EASEMENT E 24TH ST VACATE REQUEST 2404 MELLONVILLE A V OWNER:EUGENE E, & JUDY W. WILLIAMS > 0 ~ 14' UTILITY 3: <( EASEMENT "' ~ r- b OJ ~ - ~ ~ ..-. NORTH ,., PROPERTY I,D, # PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING ACRES a.. c( COUNTY CITY ~ 1 31-19-31-520-0000-1160 ELLIOTT TORO & 2409 BAY AVE SR-1AA 0.18 RITA C. MARIN