HomeMy WebLinkAbout4151 & Easement (Paiva)
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MARYANNE MORSE, ClERI< OF eI RCU.IT COURT
SEMINOLE COlmY
BK 07169 Pgs 0474 - 480, (7pgs)
CLERK'S # 2009040455
RECORDED 04/16/2009 12144105 PM
RECORDING FEES 61.00
ORDINANCE NO. 2009-41~CORDED BY T S.ith
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA VACATING
AND ABANDONING A PORTION OF WEST SECOND STREET
LOCATED AT 111 SOUTH OLEANDER AVENUE; PROVIDING FOR
LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR
ATTACHMENT AND INCORPORATION OF EXHIBIT; PROVIDING FOR
THE TAKING OF IMPLEMENTING ADMINISTRATIVE ACTIONS;
PROVIDING FOR RECORDING AND RESPONSIBILITIES OF
APPLICANT; PROVIDING FOR CONFLICTING ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR NON-
CODIFICATION AND PROVIDING FOR A CONTINGENT EFFECTIVE
DATE.
Whereas, an application was filed with the City Commission of the City of
Sanford, Florida, to vacate a portion of West Second Street right-of-way seventy-six feet
(76') in width located between Oleander Avenue and Mangoustine Avenue generally
located at 111 South Oleander Avenue and as specifically described and depicted in
Exhibit "A" which Exhibit is attached hereto and made a part hereof by this reference;
and
Whereas, the City Commission of the City of Sanford, Florida finds that the
vacating of said right-of-way will not operate to the detriment of the City or the public,
and that all other conditions required by controlling law have been met; provided,
however, 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.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
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
and the proposed vacation of the right-of-way 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 and Section 6.19 of the Land Development
Regulations of the City of Sanford.
Section 2. Vacation of right-of-way/implementing actions; condition of
approval.
(a). A portion of West Second Street right-of-way seventy-six feet (76') in width
located between Oleander Avenue and Mangoustine Avenue generally located at 111
South Oleander Avenue and as specifically described and depicted in Exhibit "A" is
hereby vacated.
(b). The location and placement of an existing sewer line is acknowledged by
the City and the applicant by virtue of accepting the benefits hereof and by virtue of the
granting by the applicant of an exclusive sewer easement to the City. The City requires
an exclusive city sewer easement area ten feet (10') in width located over the existing
sewer line on parcel one as depicted on Exhibit "B" to ensure the continued use and
maintenance of the sewer line in accordance with generally accepted engineering and
public works standards and practices.
(c.) The City of Sanford hereby also retains a perpetual right of entry on and to
the southerly thirty eighty feet (38') of said vacated right-of-way for public maintenance
purposes; provided, 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 Second Street. The
Ordinance No. 2009-4151
Page NO.2
property owner of the vacated right-of-way shall, at any time requested by the City of
Sanford, execute such documents as the City of Sanford may require to further
memorialize the rights reserved herein.
(d). The City Manager, or designee, IS hereby authorized to execute the
documents necessary to implement the action taken herein.
Section 3. Recordation; responsibilities of the applicant.
It is and shall be the sole responsibility of the applicant to record in the Public
Records of Seminole County at the expense of the applicant copies of all such notices,
proofs of publication and ordinance as shall be required to perfect title to the subject
property in the applicant as the abutting land owner of the vacated right-of-way although
the City does not warrant or guarantee title and title to the vacated property shall vest in
accordance with controlling law.
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.
Ordinance No. 2009-4151
Page NO.3
Section 7. Effective Date.
This Ordinance shall become effective immediately upon the actions to be taken
in accordance with Section 2(b) of this Ordinance having been accomplished to the
satisfaction of the City including, but not limited to, the granting of the referenced
easement within ninety (90) days of the date of adoption of this ordinance, otherwise
this ordinance shall be null and void and of no force and effect.
Attest:
Passed and adopted this 23rd, day of February, 2009.
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Effective this I S day of ~ ' 2009.
. SA", ;
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of the City of
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. 2009-4151, Passed and
Adopted by the City Commission of the City of Sanford, Florida, on the 23rd day of
February, 2009, was posted at the front door of the City Hall in the City of Sanford,
Florida, on the 25th day of February, 2009.
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Ordinance No. 2009-4151
Page NO.4
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PROPERTY ADDRESS
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3 II 25-19-30-5AG-0317 -OOCO WI LLlAM C CONNOL Y
4 25-19-30-5AG-0417-0000 KENNETH M. LEFFLER
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5 i 25-19-30-5AG-0417 -OOAO BEVERLY B MASON &
ROCHELLE MEEKS
6 25-19-30-5AG-0318-0000 SANFORD PROF CTR LLC 1501 W 1ST ST
7 25-19-30-5AG-0418-0000 EDWARD HUNTER ET AL 1502 W 3RD ST
SR46
111 S. OLEANDER AV
1405 W 1ST ST
W 3RD ST
OLEANDER A V
PROPERTY ZONING
COUNTY CITY
RMOI
RMOI
RMOI
MR-3
MR-3
MR-3
MR-3
0.16
0.33
0.62
0.88
0.47
1.50
0.78
EXHIBIT "B"
PLAT OF DESCRIPTION
PAGE 1 OF 2
EASEMENT DESCRIPTIDN: (W'RITTEN BY SURVEYDR)
A portIon of the West 55 Feet of the NW 1/4~ less road. Block 3, TIer 17, FLORIDA LAN]) AND
COLONIZA TION COMPANY LINITED NAP OF THE ST. GERTRUDE A])])ITJON TO THE TOWN OF SANFORD, accordIng to the
plat thereoF as recorded In Plat Book I, Page 112 thru 117 of the Public Records of Senlnole County,
FlorIda and beIng nore partIcularly descrIbed as Follows'
Connence at' the Southwest corner of the NW 1/4 of Block 3, Tier 17, of saId FLORIDA LAN]) AND
COLONIZA TION COMPANY LIMITED NAP OF THE ST. GERTRUDE ADDITION TO THE TOWN OF SANFORD and run
N 1"35'55'141 along the West line of saId NW 1/4 of Brock 3~ TIer 17, 1.38 Feet to the PoInt of BegInnIng)
thence contInue along sold W9St line N 1-35'55'141, 10.00 Feet; thence lea vlng sold West line run
N 8r53'08'C 55.09 Feet to a poInt on the East line of sold NW 1/4 of Block 3, TIer 17; thence run
S 1"30'25'E along said East line, 10.00 Feet; thence lea vlng saId East line run S 8r53'08'W, 55.07 Feet
to the PoInt of Beglnnlng' ContainIng 550.83 square Feet.
ABBREVIA TIDNS LEGEND:
lP.............................IRON PIPE SET DR FOUND AS NOTED
(C).............................CDMPUTED iJIMENSION
(D)............................,])EED DIMENSION
FNJJ.............................FOUN])
lJJ.............................lIJENTIFICA TION
IRON...,........................IRDN BAR SET DR FOUN]) AS NOTE])
(M)............"''''......'''..MEASURED ])IMENSION
ND.,..".......................NUMBER
R/W,............................RIGHT -OF - WA Y
LB EEO................."'......REGISTRA TION NUMBER FOR DOU])NEY
SURVEYING AND MAPPING CDRP.
(D.JJ.)........,....................OUTSIlJE ])IAMETER
SURVEYDR/S NDTES:
1) The surveyor has not abstracted the land shown hereon For easenents, rIghts-oF-way or
any other natter recorded or unrecorded that nay aFFect the use or tItle of this land.
E) The bearIng structure Is assuned based on the West line of Block 3~ TIer 17, FLDRI])A LAND AN])
COLONIZA TION COMPANY LIMITE]) MAP OF THE ST. GERTRU])E ADDITION TO THE TOWN OF SANFOR]), Pia t Book J,
Page 112 thru 117 as beIng N 1"35'55'w' .
3) All dIstances shown hereon are l'Ieasured In standard U.S. Foot and declnals of Feet.
4) All dinenslons are actual or conputed unless otherwIse noted
5) ThIs survey was perForl'led to the accuracy of 0. suburban survey.
6) ThIs Is not a survey. The sketch and descriptIon shown hereon were prepared Fran oFFIce records,
notes and pia ts along with llnited Field Investiga tlon and has not been cOl'lpletely FIeld verIFied.
7) See Page E of 2 For descriptIon drawing and additional InFornatlon.
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P11lJ~nMAl .~'mWYnlN AND "APPEllS
200 EAST COll1fERClAL STREET
EXHIBIT "B"
PLAT OF DESCRIPTION
PAGE 2 OF 2
sr: GERTRUlJE/S A VENUE/FIRST STREET
68/ PLA TTElJ R/kI
STA TE RDAlJ 46 106/ R/kI
ORIGINAL BLOCK AND R/V LINE
55.00'(0) 55.28'(C)
N 90.00'OO'E 55.E8'(C)
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This Instrument Prepared By:
Lonnie N. Groot, Esquire
Stenstrom, Mcintosh, Colbert,
Whigham & Partlow, P.A.
1001 Heathrow Park Lane, Suite 4001
Lake Mary, Florida 32746
Tax ParcellD Number: 25-19-30-5AG-0317-00EO
1~.IUgUg.IUgUNUgHN~IHMlml
MARYANNE MORSE, CLERK OF CIRCUIT COURf 5zg
SEMINOLE COOO'V
BK 07169 Pgl 0470 - 473, (4pgs)
CLERK'S # 2009040454
RECORDED 04/16/2009 12144105 PM
RECORDING FEES 35.50
RECORDED BY T Stith
GRANT OF EXCLUSIVE CITY SEWER EASEMENT
o-t.:l A"l
THIS INDENTURE is made and entered into this () day of ~r \ ,
2009, by and between, Russell Paiva, whose address is 111 South 0 eander
Avenue, Sanford, Florida 32771, County of Seminole, and State of Florida,
party of the first part, and the City of Sanford, a municipal corporation, whose
address is, 300 North Park Avenue, Sanford, Florida 32771, which is situated
in the County of Seminole, the State of Florida, party of the second part;
WITNESSETH, the party of the first part, for and in consideration of the
sum of one dollar and other valuable consideration paid by the party of the
second part, receipt whereof is hereby acknowledged, grants and conveys to
party of the second part, its successors, assigns, licensees an exclusive
perpetual sewer easement and right-of-way, as described in Exhibit 'A'
(attached, pages 1 and 2, and as illustrated therein) which easement shall be
for uses under, upon and across the south ten feet (10') of the property
situated in the City of Sanford, Seminole County, Florida and more particularly
described as:
Commence at the Southwest corner of the NW Northwest % of
Block 3, Tier 17, of said FLORIDA LAND AND COLONIZATION
COMPANY LIMITED MAP OF ST. GERTRUDE ADDITION TO
THE TOWN OF SANFORD and run North 1035'55" West along
the West line of said Northwest % of Block 3, Tier 17, 1.38 feet to
the Point of Beginning; thence continue along said West line
North 1035'55" West, 10.00 feet; thence leaving said West line
run North 8r53'08"E, 55.09 feet to a point on the East line of
said Northwest % of Block 3, Tier 17; thence run South 1 030'25"
East along said East line, 10.00 feet; thence leaving said East
line run South 87053'08" West, 55.07 feet to the Point of
Beginning: Containing 550.83 square feet.
SAID EASEMENT to be used for City sewer services on said property
and such easement shall include the right of free ingress and egress over and
across said property for the purposes of constructing, installing, and
maintaining said services and all sewer related associated facilities.
THE PARTY of the first part shall have the right to use the easement area
subject to the easement and right-of-way granted hereby including for the
purposes of parking areas, driveways, and landscaping, which are not
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inconsistent with the use of the easement area by the party of the second part
for the purposes granted hereby.
PROVIDED, HOWEVER, that the party of the first part shall not have the
right to grant easements to other parties without the prior written consent of the
party of the second part. If the party of the second part disturbs any
landscaping or improvements within the easement area, the party of the
second part shall restore such landscaping or improvements.
IN WITNESS WHEREOF, the party of the first part hereunto sets his hand
and seal on the day and year first above written.
SIGNED, SEALED, AND DELIVERED IN THE PRESENCE OF:
~~
Witness Number 1
~A~~
Witness Number 2
Russell Paiva.
By:RL~P~
Russell Paiva
Sole Owner
111 S. Oleander Avenue
Sanford, Florida, 32771
STATE OF r:\or, d~
COUNTY OF ~(y) ~ n Q e
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T fore oing instrument was acknowledged before me this 6 day of
(\ , 2009 A.D., by R~_~.$_elL.P-aiva,tha Ie owner of Tax Parcel
25-1 -30-5AG-0317 -OOEO g'personall known to or _ who provided
as identi ication.
NOTARY PUBUC-STATE OF FLORIDA
""" M L M
"W'" ary. use
i ~) Co~misSlon # DD68S23S
\;...."..,. ExpJ.res: AUG. 04, 2011
BONDED THRU ATLANTIC BONDING CO., INC.
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EXHIBIT "A"
PLAT OF DESCRIPTION
PAGE 1 OF 2
EASEMENT DESCRJPTIDNt (I,./RITTEN BY SURVEYDR)
A portion of the W'est 55 Feet of the NW' 1/4, less road, Block 3, Tier 17- FLDRIlJA LANlJ ANlJ
CDLDNIZA TIDN CDMPANY LIMITElJ MAP DF THE Sf. GERTRUlJE AlJlJITIDN TO THE TOW'N DF SANFDRlJ, according to the
plat thereoF as recorded in Plat Book L Page 112 thru 117 of the Public Records of Sef'llnole County,
FlorIda and beIng f'Iore particularly descrIbed as Followsl
COf'lf'lence at the Southwest corner of the NW' 1/4 of Block 3, Tier 17, of said FLDRIlJA LANlJ ANlJ
CDLDNIZA TIDN CDMPANY LIMITElJ MAP DF THE ST. GERTRUlJE AlJlJITIDN TO THE TOW'N DF SANFDRlJ and run
N 1"35'55'1.1 along the W'est line of saId NW' 1/4 of Block 3, Tier 17, 1.38 Feet to the Point of Beginning;
thence contInue along saId W'51st line N 1'35'55'1./. 10.00 Feet; thence lea ving said W'est line run
N 87<53'08'E, 55.09 Feet to a poInt on the East line of said NW' 1/4 of Block 3, Tier 17; thence run
S 1*30'25'E along said East line, 10.00 Feet; thence lea ving said East line run S 87<53'08'1.1, 55.07 Feet
to the Point of Beginning' Containing 550.83 square Feet.
ABBREVIA TJDNS LEGEND:
!.P......"'.."'...."'........IRDN PIPE SET DR FDUNlJ AS NDTElJ
(C)......."''''............""CDMPUTElJ lJIMENSlDN
(lJ)..""......."'''''''"''',,lJEElJ lJIMENSIDN
FNlJ....""'",,.......,,"'....FDUNlJ
!.lJ...."''''...........".."..IlJENTIFICA TIDN
IRDN..."""",..",,,,,,..,,,,IRDN BAR SET DR FDUNlJ AS NDTElJ
(M).............."'........."'MEASURElJ lJIMENSlDN
ND.."'....",,"''''..........NUMBER
R/w....".."..,,,,,,,,,,,,,,,..RIGHT -DF - W'A Y
LB 2BO.......""......".."'..REGISTRATIDN NUMBER FDR lJDUlJNEY
SURVEYING ANlJ MAPPING CDRP.
(D.lJ.)"'.."..."""....,...,,"'DUTSIlJE lJMMETER
SURVEYDR/S NDTES:
1) The surveyor has not abstracted the land shown hereon f'or easef'lents, rights-of'-way or
any other f'Iatter recorded or unrecorded that f'Iay af'Fect the use or title of' this land.
2) The bearing structure Is assuf'led based on -the W'est line of Block 3, Tier 17- FLDRIlJA LANlJ ANlJ
CDLDNIZA TIDN CDMPANY LIMITElJ MAP DF THE Sf. GERTRUlJE AlJlJITIDN TO THE TOW'N DF SANFDRlJ, PIa t Book L
Page 112 thru 117 as being N 1'35'55'1.1.
3) All distances shown hereon are f'Ieasured in stane/ard U.S. Foo-t and declf'lals of' Fee-t.
4) All dif'lenslons are ac-tual or cOf'lpu-ted unless o-therwise noted
5) This survey was perf'orf'led to -the accuracy of' a suburban survey.
6) This Is not a survey. The sketch and description shown hereon were prepared f'rof'l oFFice records,
no-tes and pIa -ts along wl-th IInlted f'leld Investiga -tlon and has not been conpletely Field veriFied.
7) See Page 2 of B For description drawing and additional inForf'lation.
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EXHIBIT "A"
PLAT OF DESCRIPTION
PAGE 2 OF 2
S1: GERTRUIJE/S A VENUE/FIRST STREET
68/ PLA TTEI) R/kI
STATE RDAJJ 46 106/ R/kI
DRIGINAL BLDCK ANlJ R/W LINE
55.00'(lJ) 55.E8'(C)
N 90900'OO'E 55.28'(0
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