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HomeMy WebLinkAbout4794 Vacate an East/West Drainage & Utilities Easement located at 165 Pine Isle DriveUrVAIV 1 IVIAAL-U T, JCIVIIIV\JLC I.VVIV 1 i CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2024078749 Bk:10687 Pg:1175-1185 11Pgs) REC: 08/29/2024 11:15:34 AM by pkirklan RECORDING FEES $95.00 Ordinance No. 2024-4794 An ordinance of the City of Sanford, Florida vacating and abandoning an existing east -west drainage and utility easement, 5' in width and 58.46' in length, addressed as 165 Pine Isle Drive which is platted as Lot 124, Sterling Woods subdivision, as recorded in Plat Book 54, Pages 93, 94 and 95 of the Public Records of Seminole County; providing for correction of any drainage issues by the owner as a result of the vacate; providing for legislative findings and intent; providing for incorporation of an exhibit; providing for the taking of implementing administrative actions and owner agreement with binding and controlling effect with regard to all conditions; 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 existing east -west utility and drainage easement upon Lot 124 which is 5.0' in width and 58.46' in length and located upon Lot 124, Plat Book 54, Pages 93, 94 and 95 of the Sterling Woods subdivision, as recorded in the Public Records of Seminole County, which is addressed as 165 Pine Isle Drive; and Whereas, the drainage and utility easement is depicted on the attached Exhibit map and the sketch and description and survey, dated April 30, 2024, prepared by Dominick Cavone, surveyor, and which exhibit hereto is attached and made a part hereof by this reference; and Whereas, the City as part of the approval of this Ordinance will require that if there are any future drainage complications to a neighboring property, the owner will mitigate the issue as expeditiously as possible to the satisfaction of the City; and Whereas, the City Commission finds that the vacating of said utility easement, 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: 11Pauc .E 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 utility easement 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 easement portion/implementing actions. (a). An existing east -west utility and drainage easement west of Sterling Pine Street in the Sterling Woods subdivision and located upon Lot 124 which is 5.0' in width and 58.46' in length said subdivision being recorded at Plat Book 54, Pages 93, 94 and 95 of the Sterling Woods subdivision, as recorded in the Public Records of Seminole County which property is addressed as 165 Pine Isle Drive which is depicted on the Exhibit (sketch and description, dated April 30, 2024, prepared by Dominick Cavone, surveyor) is hereby vacated. (b). As part of the requirements of this Ordinance, the property owner/applicant agrees that if there are any future drainage complications to a neighboring property, the property owner/applicant will mitigate the issue as expeditiously as possible to the satisfaction of the City. (c). The City Manager, or designee, is hereby authorized to execute the documents necessary to implement the action taken herein all as approved by the City 21Page Attorney. Section 3. Recordation. The City shall record this Ordinance in the Public Records (Land Records) of Seminole County and the applicant/property owner has agreed to pay the costs thereof and expressed its 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/property owner upon the City requesting payment of such costs. All matters set forth herein shall encumber the property of the applicant/property owner 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 not be codified. Section 7. Effective Date. This Ordinance shall take effect immediately upon passage and adoption. 3�Pa`'e Passed and adopted this 26th day of August, 2024. Attest.- Traci ttest. Traci Houchin, MMC, FCRM City Clerk Approved as to form and legal sufficiency. niiiam L. uoiger[ ity Attorney City Commission Sanford Mayos. the City of 41 Page �,.F4kpFLORIDA Business Impact Estimate This form should be included in agenda packet for the item under which the proposed ordinance is to be considered, and must be posted on the City's website by the time notice of the proposed ordinance is published. Ordinance No. 2024-4794: 165 Pine Isle, LLC; Vacation Of Drainage and Utility Easement; The City is of the view that the following exception(s) to the Business Impact Estimate requirement, that are checked off in a box below, apply to the above -referenced proposed ordinance. Although, the City is implementing the procedure required by statutory law to ensure that no inadvertent procedural issue could impact the enactment of the proposed ordinance. ❑x The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant, or other financial assistance accepted by the ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or ❑ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that, an exemption noted above may apply, the City hereby publishes the following information: 1IPage 1. Summary of the proposed ordinance (must include statement of the public purpose, such as serving the public health, safety, morals, and welfare): The proposed ordinance is intended to vacate a 5' foot wide 58.46' foot long east -west unused drainage and utility easement which was dedicated in Plat Book 54, Pages 93,94 and 95, in the plat of Sterling Woods. 2. Estimate of direct economic impact of the proposed ordinance on private, for-profit businesses in the City: There appears to be no viable or direct economic impact by this action as a result of this easement vacate. 3. Estimate of direct compliance costs that businesses may reasonably incur: The applicant will be responsible for all recording and City fees. 4. Any new charge or fee imposed by the proposed ordinance: N/A 5. Estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to cover such costs: N/A 6. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: It is anticipated that the property owner will be most impacted. 7. Additional information Not applicable. 21 Page A/^ SEMINOLE COUNTY PROPERTY APPRAISER Parcel 10-20-30-511-0000-1240 Property Address 165 PINE ISLE DR SANFORD, FL 32773 1 10-20-30-511-0000-1240 ELMER, WILLIAM N - Tenancy by Entirety ELMER, TAMMY M - Tenancy by Entirety 165 PINE ISLE DR SANFORD, FL 32773 165 PINE ISLE DR SANFORD, FL 32773-7436 STERLING WOODS Si-SANFORD 01 -SINGLE FAMILY 00-HOMESTEAD(2002) No 2023 Tax Amount w/o Exemptions 2023 Tax Bill Amount LOT 124 STERLING WOODS PB 54 PGS 93 THRU 95 $6,681.40 21 $1,958.76 Does NOT INCLUDE P 10203051100001240 05/18/2023 Valuation Method Cost/Market Cost/Market Number of Buildings 1 1 Depreciated Building 1aiue $284,113 $298,260 Depreciated Other Features Land Value (Market) $78,000 $78,000 Land Value Agriculture Just/Market Value $362,113 $376,260 Portability Adjustment ami Save Our Homes $204,796 $223,525 Adjustment Non-Hx 10% Cap (AMD 1) $0 $0 PBG Adjustment $0 $0 Assessed Value $157,317 $152,735 1 10-20-30-511-0000-1240 ELMER, WILLIAM N - Tenancy by Entirety ELMER, TAMMY M - Tenancy by Entirety 165 PINE ISLE DR SANFORD, FL 32773 165 PINE ISLE DR SANFORD, FL 32773-7436 STERLING WOODS Si-SANFORD 01 -SINGLE FAMILY 00-HOMESTEAD(2002) No 2023 Tax Amount w/o Exemptions 2023 Tax Bill Amount LOT 124 STERLING WOODS PB 54 PGS 93 THRU 95 $6,681.40 21 $1,958.76 Does NOT INCLUDE P 10203051100001240 05/18/2023 Valuation Method Cost/Market Cost/Market Number of Buildings 1 1 Depreciated Building 1aiue $284,113 $298,260 Depreciated Other Features Land Value (Market) $78,000 $78,000 Land Value Agriculture Just/Market Value $362,113 $376,260 Portability Adjustment Save Our Homes $204,796 $223,525 Adjustment Non-Hx 10% Cap (AMD 1) $0 $0 PBG Adjustment $0 $0 Assessed Value $157,317 $152,735 3123 Tax Savings with Exemptions $4,722.64 Ion Ad Valorem Assessments SJWM(Saint Johns Water Management) COUNTY GENERAL FUND Schools CITY SANFORD $157,317 $50,000 $107,317 $157,317 $50,000 $107,317 $157,317 $25,000 $132,317 $157,317 $50,000 $107,317 WARRANTY DEED 09/01/2004 05488 1340 $60,000 No Improved SPECIAL WARRANTY DEED 01/01/2000 03795 0551 $135,400 Yes Improved WARRANTY DEED 10/01/1999 03745 0289 $315,000 No Vacant --------------------------- Lan• G ---------- ---- - ------- — LOT 1 $78,000.00 $78,000 • • • Building -- -- — - ----- — - --- - - — ----------- ` ---------• 1 SINGLE FAMILY 2000 3 2.5 9 1,232 2,748 2,336 CB/STUCCO FINISH Building 1- Page 1 " Year BuN (Actual/EBecdw) 03084 2822 SQ FT; PAD PER PERMIT 165 PINE ISLE DR Sanford BR24- 165 PINE ISLE DR: Residential Building Permit Addition Backyard Pool Sanford 000057 E24- 165 PINE ISLE DR: Electrical Permit Addition Backyard Pool Sanford 000099 BR24- 165 PINE ISLE Drive: Residential Building Permit Fence Backyard Fence Sanford 000064 E24- 165 PINE ISLE Drive: Electrical Permit Misc Replace Existing 150A Main Sanford 000238 breaker Panel with New 200A Main Breaker Panel, Install New Main Lug Panel in Garage 01�n(cY? (SdUI(X $284,113 $312,212 Description Area GARAGE FINISHED 400.00 OPEN PORCH 12,00 FINISHED UPPER STORY 1104.00 FINISHED $101,700 1/26/2000 8/1/1999 $50,000 2/1/2024 $50,000 2/5/2024 $5,000 2/13/2024 $2,585 4/1/2024 PD LDRSF Planned Development 33.00 DUKE AT&T SANFORD CITY OF SANFORD NA NA NA NA Political Dist 4 - Amy Lockhart Dist 7 - Cory Mills Dist 36 - RACHEL PLAKON Dist 10 - Jason Brodeur 15 Region 2 Greenwood Lakes Lake Mary WS RM _X / Y OF ® ;��D I SXNFORD J Item No. i FLORIDA CITY COMMISSION MEMORANDUM 24-237 AUGUST 26, 2024 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Owen Christopher Smith, Project Planner SUBMITTED BY: Norton N. Bonaparte Jr., ICMA-CM, Cit aryger SUBJECT: Ordinance No. 2024-4794; 165 PijWsle; Vacatia Drainage and Utility Easement STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Adoption of Ordinance No. 2024-4794, to vacate an east -west drainage and utility easement relating to Lot 124 of the plat of Sterling Woods is requested. FISCAL/STAFFING STATEMENT: There is no fiscal impact associated with this item. BACKGROUND: The application under consideration requests the City to vacate a 5' foot wide 58.46' foot long east -west unused drainage and utility easement, which was dedicated in Plat Book 54, Pages 93,94 and 95, in the plat of Sterling Woods. The property is generally located north of W. Lake Mary Boulevard in the Sterling Woods subdivision adjacent to Lake Loch Lowe upon Lot 124. The applicant and owner are Nick Elmer. The request and necessity for the vacate is that the owner needs to utilize approximately two feet of the easement only for a screen enclosure and does not intend to use the easement in the future. The area is not presently in use and will not serve any future purpose of the City. The area contains no apparent utilities. The City will require that if there are any drainage complications to a neighboring property, the owner will mitigate the issue as-expeditiousl-y-as-possible-to-the-satisfaction-of-the-C-ity—T-hat requirement is -noted -in -Ordinance No. 2024-4794. 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 June 18, 2024, 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. LEGAL REVIEW: The City attorney has reviewed the agenda materials and has no legal objection to this matter. The City Commission approved the first reading of Ordinance No. 2024-4794 on August 12, 2024. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on August 18, 2024. RECOMMENDATION: City staff and the Administrative Official recommend that the City Commission adopt Ordinance No. 2024-4794. SUGGESTED MOTION: "I move to adopt Ordinance No. 2024-4794". Attachment: Ordinance No. 2024-4794 with exhibits.