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HomeMy WebLinkAbout4151 & Easement (Paiva) ~ '\ ClO ClO t-- ..... I N t-- t-- N rrl ...:l ~ 'E ] rJ:J oC ClO t-- ..... >< o a::l d ~ 'E ] rJ:J <+-< o ~ U -i ~ U ~ U .s j 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. . J~ ' Effective this I S day of ~ ' 2009. . SA", ; ...? l' . - ~~~City Commission ~:' I; ,>" '" Sanford Florida : ~..~ ,.;- ? .' ' ;. _ : ..... ~'"" .....-:1 t t ,'"'''' ~y ~ U l ... \..) ......,.~... . . .' ti:_'c' ! ~ 1'1--. I I-i. \ ~" J ~ "l.' d er"V'... ...~~.,c ,'~. . In a ..",~.,. ~'/' ,.,~.'I' f, t /~. , ..... '..~ Certificate 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. .,,:i ~ ~r~ o. ..... ,. ,..~..!2~ f _: ......,,~~ u! " ,-" ~ ~1#1{ .LJwrL anet R. Dougherty ~U As the City Clerk of the City of Sanford, Florida , , ... ~.. ... ." . , -:._i ~ .. , ., :' l ,. Ordinance No. 2009-4151 Page NO.4 LEGlBl L1TY i I II! "I1'j'" (,' i: Co" ': \1)\ ,-,in). L,)lld....j~t.,.. fOR SCANNINtJ ' I' r------ I i 0 I I i \ EXISTING SEWER LINE i / I LH I- e ~ I ti@ w L_ 111.5' +/- z I i= en ::> l_ 0 C) 76' z ~ :E > ~ - ct::~ ROW VACATE wo I Oct:: REQUEST z. L____ ~N we 0 (76' OF W. 2ND STREET) -1- .J 0 ~ 0 NORTH EXHIBIT "A" I i LL I I I I L W 1ST ST o ~ w z :E ~ en en w -, W 2ND ST (76' ROW) i-U 8 PROPERTY ADDRESS ~_I ~~ ;;;;;~;;;:;~~;~~~~:;:;:WNER 3 II 25-19-30-5AG-0317 -OOCO WI LLlAM C CONNOL Y 4 25-19-30-5AG-0417-0000 KENNETH M. LEFFLER I 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. D OUDm Companies. Tnc. rm.D H.c;.. lEDflIC1M lUll lDI'. flt.& 64-74 IIlo1fT FIt.& "-74 OEOD 8Yt llti': DrVI~trMI 'MlFt SANFORD. iZOBDM 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) 55.0'(j)) ~ ~ ~ "'t es ~ ~ ~ POINT OF BEGINNING 1.38' POINT OF CDMMENCEMENT SOUTHVEST CORNER NW 1/4 OF BLOCK 3. TIER 11 I FND 5/8' IRON 'LB 6560' ~ ~ eJ f.....:: ~ I--.... ~ "'t -. ' ()5 a: ~ "- a ~c ~ ~ ~ ~ D OUDm CompWes, Inc. ~ \IS ~ " NOrD See Page J of B for Easenent Description and additional Inforno tlon. ~ ~ -. ()5 ~ a ,,~ ...."':t- eJ~ i:::C\J -. N ,c.:) ~~ .. lJ)eJ ~i::: Ii) ~c.:) ~k ~ <~ ~ ~ "" -..J ..... ~ ::); ..... t:)~ -..J k~ t:i " ~ ~~ ....~ ~~ ~v, ~ ~ "" -..J ..... c.-, ;:;s 10 it N 8rS3'08'E .55.09' 12' (D.o.) PIPE S 8r53'08'V 55.01 ~ S 88.27'44"'11 55.07'(M) 55.0'(J)) SCAlEI I' = 20' r---..., . o 10' 20' I 40' ftA1J'1 rtElDl N..J:.T. IFVr~r~ TEaICICIAlt I1A.Il lDP. nLEo 1>1-74 aKT nu. &4-74 QIDDlIYi m:.f'. PROFESS/aNAL SURYEYOR$ AND ltAPPERS 00 00 r-- ...... I ('.l r-- r-- ~ ('.l M ...:l i:J,.; -d' l-< c.S ~ rn 00 00 r-- ...... >< 0 l:Q 0 ~ "E c.S ~ rn ~ 0 ~ ..... U ~ tI) ...... U ~ ..... u .9 ~ ~ 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 1 ... 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 ~th.. 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. ~~ N}~. Not ry Pu - ic- m of i='lorIJe.. Printed Name Qr~ L, /Y}U<:..-e.. 2 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. FI~ T!IIfIICI~ llJI'. FIlL. lIW"r FIlL. tKtlQJI If. AlYIs:trM:. MID D OOONI\' Companies. Inc. H.CF. llA.ll 64-74 U-7" JI.l:.F. PBO/'ESSIONAL SfJRVEYOBS AND JlAPPEBS 200 .EAST COJfJlEBCML S1'BEET SANFOBlJ, FLOB/DA 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 55.0'(J)) ~ ~ ~ "'t ~ ~ G5 t:5 POINT OF BEGINNING 1,38' POINT OF COMMENCEMENT SDUTHWEST CDRNER NW 1/4 DF BLDCK \ 3, TIER 17 FNlJ 5/8' IRDN 'LB 6560'" ~ ~ EJ I-: I-..... "'t a: "- ~ D OUDNEY Companies, Inc. ~ "'" \IS " ~ '" NorD See Page 1 of E for Easef'lent Description and additional Inforf'lQ tlon. ~ ~ ...... 9:::i ~ ~ ~ ...... 9:::i C\J ...... w ~ ~ C\1 ...... w ,,~ ..... ~ ~~ ~'\J ...... N ,(>) J,~ .. lJJe5 ~~ lr) ~(>) <:2;k ~ :<:~ 1:5 ~ 0..;;; ...J h. t1 ::i h. t::J~ ...J ~~ t:i " I::::; ~~ ..... !"-t ~c::s <:v, 1:5 ~ 0..;;; ...J h. V; ~ . it N 87'53'08"'E 55.09' IE' (0.0,) P1P7 &, S 87'53'08'W 55.07 ~ ~ FNlJ l' IRDN PIPE- ND J.JJ. S 88927'44''v/ 55.07'(M) 55.0YJ)) SCALE: I' = 20' r"'I-*-...., . o 10' 20' I 40' r1E1.lJo H.J:~ TEQtUCI~ I1A.I1. aJI'. FIll) 64-74 _r FIll) 64-74 0Il):[D BYI H1:f. MU'1 RrVr~l~ PROFESSIONAl SURYEYORS AN/) J/APPERS 200 EAST COJOlEHCIAl STREET SANFORD, FLORIDA ~Ion N~~bvr 3~3~ JOB NO. 64-74 '1 (407) 322-1451