HomeMy WebLinkAbout4686 Vacate a portion of E/W Alley at 1100 East 1st StreetURAN I MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLEF
CFN# 2022052705 Bk: 10230 Pg: 1363-1368(6 Pg
REC: 05/02/2022 12:50:28 PM by cjones
RECORDING FEES $52.50
Ordinance No. 2022-4686
An ordinance of the City of Sanford, Florida vacating and abandoning
a portion of a east west alley, 15' in width, generally located at 1100
East First Street upon Lots 1,2, and 3 and upon parcel
30-19-31-508-0400-0010 of Block 1 platted as part of San Carlos
subdivision, according to the plat thereof recorded in Plat Book 8,
Page 21 of the Public Records of Seminole County; providing for
legislative findings and intent; providing for incorporation of an
exhibit; providing for the taking of implementing administrative
actions and owner agreements; 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 an east west alley, 15' in width, upon Lots 1,2 and 3 and upon parcel
30-19-31-508-0400-0010 of Block 1 San Carlos subdivision, as recorded in Plat Book 8,
Page 21 of the Public Records of Seminole County and generally located at 1100 East
First Street; and
Whereas, the east west alley is depicted in Exhibit Map which exhibits hereto are
attached and made a part hereof by this reference; and
Whereas, the City Commission finds that the vacating of said east west alley, as
set forth in this Ordinance, will not 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.
Now, Therefore, Be It Enacted By The People Of The City Of Sanford,
Florida:
4-1 -0 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 east west alley 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 alley implementing actions.
(a). An east west alley 15' in width, located upon upon Lots 1,2 and 3 and upon
parcel 30-19-31-508-0400-0010 of Block 1 San Carlos subdivision, as recorded in Plat
Book 8, Page 21 of the Public Records of Seminole County and generally located at 1100
East First Street, is hereby vacated.
(b). As part of the requirements of this Ordinance, the owner agrees to provide
any easements as may be required by the City for any new development in the future on
these affected parcels.
(c). The City Manager, or designee, is hereby authorized to execute the
documents necessary to implement the action taken herein.
Section 3. Recordation.
The City shall record this Ordinance in the Public Records (Land Records) of
Seminole County and the property owners have agreed to pay the costs thereof and
expressed their consent and desire to have this Ordinance recorded. All costs of the
easement vacation matters and the recording of this Ordinance 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.
21 P a e
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.
Attest:
Section 6. Non -Codification.
This Ordinance shall not be codified.
Section 7. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 25th day of April, 2022.
City Commission of the City of
Sanford i A
Traci Houchin, MMC, FCRM, Cit
All,
Approved as to form
and legal sufficiency.
William L. Colbert, City Attorney
ruff, Mayor
31 P
EXHIBIT
rN
E 1ST ST
E
M
LAKE MONROE
D]
ALLEY VACATE
REQUEST
4
a
PARCEL NO.
PROPERTY OWNER
PROPERTY ADDRESS
ACRES
1
30-19-31-506-0100-0020
BSC SANFORD LLC
VACANT E. SEMINOLE BLVD
1.96
2
30-19-31-508-0400-0010
SEMINOLE BCC
VACANT E. 1ST ST
0.99
3
30-19-31-506-0100-0040
BSC SANFORD LLC
1100 E. 1ST ST
0.62
4
30-19-31-506-0100-0050
NEW TRIBES MISSION INC
1090 E. 1ST ST
0.47
5
1 30-19-31-506-0100-0010
1 BSC SANFORD LLC
1105 E. SEMINOLE BLVD
0.51
o V
k
FLORIDA
WS PIM X
Item No. 07.
CITY COMMISSION MEMORANDUM 22-119
APRIL 25,2022 AGENDA
To: Honorable Mayor and Members of the City Comm*
PREPARED BY: Owen Christopher Smith, Project Planner
L
SUBMITTED BY: Norton N. Bonaparte Jr., ICMA-CW r
.11 , �! Yt�iq?�of East West Alley;
SUBJECT: Ordinance No. 2022-4686; Vacation; P
1100 East First Street
STRATEGIC PRIORITIES:
Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
Update Regulatory Framework
Z Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Adoption of Ordinance No. 4686, to vacate an east -west portion of an alley located at 1100 East
First Street, is requested.
FISCAL/STAFFING STATEMENT:
There is no fiscal impact associated with this item.
BACKGROUND:
The petition requests the City vacate an unopened east -west portion of an alley south of Seminole
Boulevard and north of West First Street and east of San Carlos Avenue and west of Mellonville
Avenue which is 15.0' feet in width and located upon Lots 1,2, and 3 as recorded in Plat book 1,
Page 21 San Carlos Subdivision and upon the north parcel line of 30-19-31-508-0400-0010 which
is owned by Seminole County of which they are co -petitioners of this request. The owners of the
property which is subject to the City's right-of-way interests is BSC Sanford LLC., whose
managers are Calcada Bastos and Carlos Alberto.
The owners of the property on which the 15' wide alley is located request the vacate for
development of the property. The owners do not intend to use the alley in the future which is
presently unimproved and not in use. The unopened alley portion does not serve any future
purpose of the City and contains no utilities and as such no default utility easement for the future is
required.
As a requirement of this vacate, and since a portion of the resulting alley vacate of the request lies
on the north 7.5' of a parcel which is owned by Seminole County, the City requires that Seminole
County is a co -petitioner of this request.
Pursuant to Section 6.19 of the City's Land Development Regulations, rights -of -way and
easements may be vacated by the City Commission after conducting a public hearing considering
the recommendations of City staff and the Administrative Official 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 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 March 15, 2022, 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.
Seminole County
No objection
LEGAL REviEw:
The City attorney has reviewed Ordinance No. 2022-4686, and has reviewed this request and has
no legal objection to this matter.
The City Commission approved Ordinance No. 2022-4686 on the first reading on April 11, 2022.
The City Clerk published notice of the 2 "d Public Hearing in the Sanford Herald on March 30,
2022.
RECOMMENDATION:
City staff and the Administrative Official recommend that the City Commission adopt Ordinance
No. 2022-4686.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2022-4686."
Attachment: (1). Ordinance No. 2022-4686 with exhibits.