Loading...
HomeMy WebLinkAbout4529 Vacate E 6th St adjacent to 519 Park AveGRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLE CFN# 2019134785 Bk:9497 Page:28-35 (8Pgs REC: 12/11/2019 10:22:05 AM by Wevore Ordinance No. 2019-4529 RECORDING FEES $69.50 An ordinance of the City of Sanford, Florida vacating a portion of East 6th Street which is 66' feet in width and a portion of the adjacent north -south alley generally located at 519 Park Avenue and between Park Avenue and Magnolia Avenue and East 6th Street and E. Stn Street platted as part of E.R. Trafford's Map of the Town of Sanford; providing for legislative findings and intent; providing for attachments and incorporation of exhibits; providing for the taking of implementing administrative actions; providing for conflicts; 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 a portion of East 6th Street, which said right-of-way is 66' feet in width running east -west and located between Park Avenue and Magnolia Avenue and generally located at 519 Park Avenue and the adjacent portion of the north -south alley between East 6th Street and East 5th Street; and Whereas, these improved right-of-ways were platted as part of E.R. Trafford's Map of the Town of Sanford as recorded in Plat Book 1, Pages 56 - 64 of the Public Records of Seminole County as depicted upon Exhibits "A", and "B" the Sketch and Description which more particularly describes the right-of-way vacate portions which was prepared by Registered Land Surveyor, William D. Donley, LS 5381 of Dewberry and dated 10/10/19 which all exhibits hereto are attached and made a part hereof by this reference; and Whereas, the City Commission finds that the vacating of said right-of-ways will not V C4 operate to the detriment of the City or the public; and Whereas, the City Commission further finds that all other conditions required by controlling law have been met. U 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 alley vacation 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. (a). A portion of East 6th Street, which said right-of-way is 66' feet in width running east -west and located between Park Avenue and Magnolia Avenue and generally located at 519 Park Avenue and the adjacent portion of the north -south alley between East 6th Street and East 5th Street and platted as part of E.R. Trafford's Map of the Town of Sanford as recorded in Plat Book 1, Pages 56 - 64 of the Public Records of Seminole County and as depicted upon Exhibits "A" and "B" and the Sketch and Description dated 10/10/19 attached , are 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. (a). The City shall be responsible to record in the Public Records of Seminole County and copies of all such notices, proofs of publication and this Ordinance as shall be required to perfect title to the subject property of the vacated alley 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. #t5aq Ordinance No. 2019 -X -X K Page No. 2 (b). All costs of recording shall be paid by the applicant upon the City requesting payment of such costs. 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. Section 7. Effective Date. This Ordinance shall take effect immediately upon passage and adoption. Passed and adopted this 9th day of December, 2019. Attest: Traci Houchin, CIVIC, FCRM City Clerk Approved as to form and legal sufficiency. William L. Colbert, City Attorney City Commission of the City of Sanford, Florida Ordinance No. 2019-M Page No. 3 z W 5TH ST Y 1919 ILO RIGHT OF WAY RIGHT OF WAY VACATE VACATE REQUEST _ REQUEST Q:��i L 0 PARCEL NO. PROPERTY OWNER a Q 1 25-19-30-5AG-0703-0010 CENTRAL BAPTIST 2 25-19-30-5AG-0803-0060 CHURCH 3 25-19-30-5AG-0803-0010 DEBORAH A. WEST m e. PROPERTY ADDRESS PROPERTY ZONING ACRES COUNTY CITY 519 PARKAVE - SR -1 0.71 VACANT PARK AVE - SR -1 0.26 600 MAGNOLIAAVE - SR -1 0.13 Az a s ti 0 MINI TY MAP (NOT TO SCALE) LEGAL DESCRIPTJON.- LEGEND: UNE BREAK PC W 4M ST PRC POINT OF REARSE CURVATURE PCC POINT OF COMPOUND CURVAIUR PNT POINT OF NON -TANGENCY PT E.R. IRAFFORD$ MAP OF RIGHT OF WAY t.�B RECORDS BOOK �CIAL OK PCIS) PLEENO THE MAN OF SANFORD, P8 1, PIC 5S d CENTRAL ANCL£ ORLANDO, FLORIDA 32806 W SIH ST cHCHAD�HC D SF S5ARE FEET AC A ES SEC SECTION W 5TH 57 CHANCE OF DIREC170M fl W6M ST wsmsr s Sim W 7M ST e Q � � o � W am ST W 9TH ST MINI TY MAP (NOT TO SCALE) LEGAL DESCRIPTJON.- LEGEND: A POR77ON OF SIXTH STREET (66 FOOT RIGHT OF WAY) LYING SOUTH OF AND CON77G000S TO THE SOUTH LINE OF LOT 10, BLOCK 7, 77ER 3, AND A PORTION OF THAT CERTAIN PLATTED 14.00 FOOT UNNAMED ALLEY, LYING EAST OF LOTS 9 AND 10, BLOCK 7, AER 3, E.R. 7RAFFORD'S MAP OF THE TOWN OF SANFORD, AS RECORDED IN PLAT BOOK 1, PAGE 56, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PAR77CULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 10, BLOCK 7, AER 3, E.R. 7RAFFORD'S MAP OF THE TOWN OF SANFORD, THENCE N8948'50"E, ALONG THE SOUTH LINE OF SAID LOT 10, A DISTANCE OF 117.02 FEET TO A POINT ON THE WEST LINE OF SAID 14.00 FOOT PLATTED ALLEY; THENCE N0072'02"W, ALONG SAID WEST LINE, A DISTANCE OF 102.85 FEET; THENCE DEPAR77NG SAID WEST LINE RUN, N89 4758E, A DISTANCE OF 1.00 FEET, THENCE S00'12'02"E, A DISTANCE OF 105.09 FEET; THENCE 58948'50"W, A DISTANCE OF 118.02 FEET; 7HENCE N0072'02"W, A DISTANCE OF 224 FEET TO THE POINT OF BEGINNING CONTAINING 367 SQUARE FEET OR 0.01 ACRES MORE OR LESS SURVEY NOTES• 1. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE WEST LINE OF LOT 10, BLOCK 7, TIER 3, E.R. TRAFFORD'S MAP OF THE TOWN OF SANFORD, PLAT BOOK 1, PAGE 56, AS BEING S0072'02"E. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS—OF WAY, EASEMENTS, OWNERSHIP, ADJOINERS OR OTHER INS7RUMENTS OF RECORD. 3. THIS SKETCH MEETS 7HE APPLICABLE "STANDARDS OF PRACTICE" AS SET FOR774 BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN RULE 5J17.050—.052, FLORIDA ADMINIS7RA77VE CODE. F NO. 5381 �^ STATE OF o 0 R' 14 f 0 L AND f 0 10 19 WILLIAM D. DONLEY DATE PROFESSIONAL SURVEYOR & MA ER LICENSE NUMBER LS 5381 NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER qui 4. THIS IS NOT A BOUNDARY SURVEY. SHEET a OF 2 (SEE SHEET 2 FOR SKETCH OF DESOWPAOIV) I ;1 SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY_ UNE BREAK PC POINT OF CUR VATWRE PRC POINT OF REARSE CURVATURE PCC POINT OF COMPOUND CURVAIUR PNT POINT OF NON -TANGENCY PT POINT OF TANGENCY R,�W RIGHT OF WAY t.�B RECORDS BOOK �CIAL OK PCIS) PLEENO R RADIUS d CENTRAL ANCL£ ORLANDO, FLORIDA 32806 cHCHAD�HC D SF S5ARE FEET AC A ES SEC SECTION O CHANCE OF DIREC170M A POR77ON OF SIXTH STREET (66 FOOT RIGHT OF WAY) LYING SOUTH OF AND CON77G000S TO THE SOUTH LINE OF LOT 10, BLOCK 7, 77ER 3, AND A PORTION OF THAT CERTAIN PLATTED 14.00 FOOT UNNAMED ALLEY, LYING EAST OF LOTS 9 AND 10, BLOCK 7, AER 3, E.R. 7RAFFORD'S MAP OF THE TOWN OF SANFORD, AS RECORDED IN PLAT BOOK 1, PAGE 56, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PAR77CULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 10, BLOCK 7, AER 3, E.R. 7RAFFORD'S MAP OF THE TOWN OF SANFORD, THENCE N8948'50"E, ALONG THE SOUTH LINE OF SAID LOT 10, A DISTANCE OF 117.02 FEET TO A POINT ON THE WEST LINE OF SAID 14.00 FOOT PLATTED ALLEY; THENCE N0072'02"W, ALONG SAID WEST LINE, A DISTANCE OF 102.85 FEET; THENCE DEPAR77NG SAID WEST LINE RUN, N89 4758E, A DISTANCE OF 1.00 FEET, THENCE S00'12'02"E, A DISTANCE OF 105.09 FEET; THENCE 58948'50"W, A DISTANCE OF 118.02 FEET; 7HENCE N0072'02"W, A DISTANCE OF 224 FEET TO THE POINT OF BEGINNING CONTAINING 367 SQUARE FEET OR 0.01 ACRES MORE OR LESS SURVEY NOTES• 1. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE WEST LINE OF LOT 10, BLOCK 7, TIER 3, E.R. TRAFFORD'S MAP OF THE TOWN OF SANFORD, PLAT BOOK 1, PAGE 56, AS BEING S0072'02"E. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS—OF WAY, EASEMENTS, OWNERSHIP, ADJOINERS OR OTHER INS7RUMENTS OF RECORD. 3. THIS SKETCH MEETS 7HE APPLICABLE "STANDARDS OF PRACTICE" AS SET FOR774 BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN RULE 5J17.050—.052, FLORIDA ADMINIS7RA77VE CODE. F NO. 5381 �^ STATE OF o 0 R' 14 f 0 L AND f 0 10 19 WILLIAM D. DONLEY DATE PROFESSIONAL SURVEYOR & MA ER LICENSE NUMBER LS 5381 NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER qui 4. THIS IS NOT A BOUNDARY SURVEY. SHEET a OF 2 (SEE SHEET 2 FOR SKETCH OF DESOWPAOIV) I ;1 SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY_ SKETCH OF DESCRIP77ON PREPARED FOR: —OF— _;' Deberry CHRIST FOR ALL RIGHT OF WAY INC. PARCELIVA71ONS 131 WEST KALEY STREET ORLANDO, FLORIDA 32806 SECTION 25, TOWNSHIP 19 SOUTH, RANGE 30 EAST PHONE: 321.354.9826 FAX: 407.648.9104 WWW.DEWBERRY.COM CERTIFICATE OF AUTHORIZATION NO. LB 8011 DA 10109/19 PRW 50115749 REV DAIS DRAWN BY WS SEMINOLE COUNTY FLORIDA I I I ISCALE 1" = N/A CHECKED BY- WDD 0 to 20 1 INCH = 20 FEET L2 117' (P) 61 LINE TABLE LINE BEARING LENGTH Ll N89 4758"E 1,00' L2 N00'12'02'w Dewberry 1 S894850 -W 118.02' WEST 67H STREET (66' RIGH T- OF- WA Y PER E. R. TRAFFORDS MAP OF THE TOWN OF SANFORD PB 1, PG 56 ) SHEET 2 OF 2 (Sff- Ma7 I FOR DEMMPTION Or MVM) SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY. O 117' (P) PREPARED FOR: —OF— Dewberry BL OCK 7, TIER J, E. R. OFIRIST FOR ALL RIGHT OF WAY TRAFFORD'S MAP OF PARCEL 131 WEST KALEY STREET THE TOWN OF SANFORD ORLANDO, FLORIDA 32806 SECTION 25, TOWSHIP 159 SOUTH, RANGE 30 FAST PB 1, PG 56 ILZIS Z o0 ol DATE.• 10109A9 PRO.. 50115749 CERTIFICATE OF AUTHORIZATION No. LB 8011 REV DATE DRAW 8 Y- WS 10 I I I I SCALE I' = 20' CHECKED BY *VD POINT OF BEGINNING SUBJECT PARCEL CONTAINS ±367 SQUARE FEET SW CORNER OF LOT 10, TIER 3, E.R. 7RAFFORDS MAP OF THE TOWN OF SANFORO SOUTH LINE OF LOT 1 PB 1, PG 56 117' (P) N89'48'50 "E 117.02' 13.001 S894850 -W 118.02' WEST 67H STREET (66' RIGH T- OF- WA Y PER E. R. TRAFFORDS MAP OF THE TOWN OF SANFORD PB 1, PG 56 ) SHEET 2 OF 2 (Sff- Ma7 I FOR DEMMPTION Or MVM) SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY. SKETCH OF DESCRIPRON PREPARED FOR: —OF— Dewberry OFIRIST FOR ALL RIGHT OF WAY NA 770NS INC. PARCEL 131 WEST KALEY STREET ORLANDO, FLORIDA 32806 SECTION 25, TOWSHIP 159 SOUTH, RANGE 30 FAST PHONE: 321.354.9826 FAX:407.648.9104 WWW.DEWBERRY.COM DATE.• 10109A9 PRO.. 50115749 CERTIFICATE OF AUTHORIZATION No. LB 8011 REV DATE DRAW 8 Y- WS I SEMINOLE COUNTY FLORIDA I I I I SCALE I' = 20' CHECKED BY *VD CITY COMMISSION MEMORANDUM 19-265 DECEMBER 9, 2019 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Owen Christopher Smith, Project Planner _ SUBMITTED BY: Norton N. Bonaparte Jr., City Manage SUBJECT: Ordinance No. 2019-4529; Vacation of a adjacent portion of the alley located at 5).P - STRATEGIC PRIORITIES: / ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture Update Regulatory Framework Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: of East 6u, Street and the Avenue. A petition to vacate a portion of East 6th Street and the adjacent portion of the alley generally located at 519 Park Avenue has been received. FISCAL./STAFFING STATEMENT: There is no fiscal impact associated with this item. BACKGROUND: The petition is to vacate a portion of East 6th Street, which said right-of-way is 66' feet in width running east -west and located between Park Avenue and Magnolia Avenue and generally located at 519 Park Avenue and the adjacent portion of the north -south alley between East 6th Street and East 5th Street (see Exhibit `A' and `B' of the proposed Ordnance). The petitioner is Kaplan Law Firm, P.L., Jeffrey Kaplan who represents the owner, Central Baptist Church of Sanford Florida, Inc. The right-of-way is 66' feet wide and is improved as well as the alley which is 14' feet wide and is improved. Both the right-of-way and the alley were platted as part of E.R. Trafford's Map of the Town of Sanford as recorded in Plat Book 1, Pages 56 - 64 of the Public Records of Seminole County. The applicant and owner request this action to eliminate a minor unintentional existing private right-of-way encumbrances within these right-of-ways. Pursuant to Section 6.19 of the Sanford Land Development Regulations, rights-of-way and easements may be vacated by the City Commission after conducting a public hearing considering the recommendations of the Development Review Team (DRT) in regard to the possible effect of the proposal on the City in general, the immediate neighborhood and individuals near the specific right-of-way or premises in question. The DRT heard the matter on October 22, 2019, and had no objection for the minor East 6th Street and adjacent alley portion vacate. The City Clerk sent letters to the area utility providers requesting information regarding utilities and a recommendation regarding the request to vacate. All utility providers were given a "no response date" of November 11, 2019 at which time the City considers the no -response as indication that "no utilities within the vacate request area exist" and therefore, "no objection" is expressed to the requested vacate. Florida Power and Light: No objection. Florida Public Utilities: No objection. Duke Energy of Florida No objection. Spectrum Networks: No objection. City Utility Department: No objection. City Public Works: No objection. AT&T No objection. Florida Gas Trans. Co. No objection. The City Commission approved the first reading of Ordinance No. 2019-4529 on November 18, 2019. The City Clerk published notice of the second public hearing in the Sanford Herald on November 24, 2019. LEGAL REVIEW: The City attorney has reviewed Ordinance Number 2019-4529 along with this request and has no legal objection to this matter. RECOMMENDATION: The DRT and City staff recommends that the City Commission adopt Ordinance No. 2019-4529, to vacate a minor portion of East 6th Street right-of-way and the adjacent portion of the alley generally located at 519 Park Avenue. SUGGESTED MOTION: "I move to adopt Ordinance No. 2019-4529." Attachments: Ordinance No. 2019-4529. Exhibit `A', General Map of Location. Exhibit `13% Sketch and Description for ROW vacate portion of East 6th Street and the adjacent portion of the alley.