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Ordinance No. 2024-4806
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An ordinance of the City of Sanford, Florida vacating and abandoning
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an existing drainage easement generally located at 300 West Lake
Mary Boulevard, Sanford Florida and upon Lot 1 of the plat of
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Boulevard Plaza Subdivision Replat, as recorded in Plat Book 81,
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Pages 62-65 of the Public Records of Seminole County; providing for
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legislative findings and intent; providing for incorporation of an
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exhibit; providing for the taking of implementing administrative
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actions and owner agreements; providing for a savings provision and
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ratification of prior actions; providing for conflicts; providing for
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severability; providing for non -codification and providing for an
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effective date.
Whereas, an application was filed with the City Commission of the City of Sanford,
Florida, to vacate an existing drainage easement generally located at 300 West Lake
Mary Boulevard, Sanford Florida and upon Lot 1 of the plat for Boulevard Plaza
Subdivision Replat, as recorded in Plat Book 81, Pages 62-65 of the Public Records of
Seminole County as depicted on the attached exhibits and made a part hereof by this
reference; and
Whereas, the City Commission finds that the vacating of said drainage easement
as set forth in this Ordinance, will not operate to the detriment of the City or the public as
the new drainage easement of the new development will be provided and will serve a
better purpose; and
Whereas, the approval date of the proposed vacate shall become effective upon
approval and acceptance the new drainage easement; 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:
Section 1. Legislative findings and intent.
(a). The City Commission of the City of Sanford hereby adopts and incorporates
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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 drainage 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 and implementing actions.
(a). An existing drainage easement generally located at generally located at 300
West Lake Mary Boulevard, Sanford Florida and upon Lot 1 of the plat for Boulevard
Plaza Subdivision Replat, as shown in Plat Book 81, Pages 62-65 of the Public Records
of Seminole County as depicted on the attached exhibits is hereby vacated.
(b). As part of the requirements of this Ordinance, the owner agrees to provide
any and all required drainage or other easements as required and acceptable by the City
and simultaneously record in the Public Records of Seminole County at time of adoption.
(c). The City Manager, or designee, is hereby authorized to execute the
documents necessary to implement the action taken herein.
Section 3. Recordation.
After the adoption of the vacate ordinance, 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. Savings; Ratification of Prior Actions.
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The prior actions of the City relating to the use and vacation of easements and
rights -of -way are hereby ratified and affirmed.
Section 5. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 6. 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 7. Non -Codification.
This Ordinance shall not be codified.
Section 8. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 14th day of October, 2024.
Attest:
Traci Houchin, MMC, FCRM
City Clerk
Approved as to form
and legal sufficiency.
City Commis
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` Art ood ruff
Mayor
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am L. Colbert ,�J�f iL AJ- A�
City Attorney �f CA
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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.
An ordinance of the City of Sanford, Florida vacating and abandoning
an existing drainage easement generally located at 300 West Lake
Mary Boulevard, Sanford Florida and upon Lot 1 of the plat of
Boulevard Plaza Subdivision Replat, as recorded in Plat Book 81,
Pages 62-65 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 a savings provision and
ratification of prior actions; providing for conflicts; providing for
severability; providing for non -codification and providing for an
effective date.
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.
❑ 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:
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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:
1. Summary of the proposed ordinance (must include statement of the public purpose,
such as serving the public health, safety, morals, and welfare):
The Ordinance provides for the vacation of an unnecessary and readily replaceable
drainage easement which action will enable the development of real property and will
enhance the tax base of the City,
2. Estimate of direct economic impact of the proposed ordinance on private, for -profit
businesses in the City:
None.
3. Estimate of direct compliance costs that businesses may reasonably incur:
None.
4. Any new charge or fee imposed by the proposed ordinance:
None.
5. Estimate of the City's regulatory costs, including estimated revenues from any new
charges or fees to cover such costs:
The effect of the proposed ordinance should be to enhance the tax base of the City.
6. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
None.
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7. Additional information
Reference to the City staff report/agenda memorandum and the public hearings on the
proposed Ordinance may be of assistance.
3 1 P a g e
EXHIBIT "A"
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� DRAINAGE EASEMENT
VACATE REQUEST
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• LAKE MAR
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PROPERTY OWNER
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ACRES
1
11-20-30-523-0000-0010
CFL PLAZA LLC
300 W. LAKE MARY BLVD
10.35
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11-20-30-518-0000-0010
MADIGATE 17 LLC
3788 ORLANDO DR
1.48
3
11-20-30-519-0000-0030
LOWES HOME CENTER LLC
3780 ORLANDO DR
20.69
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CITY OF
FLORIDA
CITY COMMISSION MEMORANDUM 24.294
OCTOBER 14, 2024 AGENDA
TO: Honorable Mayor and Members of the City
PREPARED BY: Owen Christopher Smith, Project Planner
SUBMITTED BY: Norton N. Bonaparte Jr., ICMA-CM rty P
SUBJECT: Vacation; Drainage Easement; 300 West L
No. 2024-4806
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
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Item No.T' 6
Boulevard; Ordinance
A petition to vacate a cross -access easement as shown upon the plat for Boulevard Plaza
Subdivision Replat has been received by the petitioner, Boulevard Plaza LLC, which is the owner
of the real property is requested. The officers of the limited liability company are Duane J. Stiller,
Soraya Tyriver, Yailen Chenlo, and their agent is Julie Kendig-Schrader, Esquire, of Greenberg
Traurig, P.A.
FISCAL/STAFFING STATEMENT:
There is no fiscal impact associated with this item.
BACKGROUND:
The petitioner, in its efforts to develop the property, will need to vacate an existing drainage
easement as shown on (Exhibit `A'), as platted for Boulevard Plaza Subdivision Replat on Lot 1,
as recorded in Plat Book 81, Pages 62-65 of the Official Records of Seminole County. As part of
this approval, the developer shall provide all necessary easements as required by the City for this
redevelopment and such easements shall be recorded simultaneously as may be required with the
vacated easement as stated above and more particularly described on the attached exhibits. The
newly granted replacement drainage easement from the petitioner shall be in the form as required
by the City.
City staff has considered the matter and has no objection for the easement to be vacated provided
all conditions are met above.
LEGAL REVIEW:
The City Attorney's office has reviewed this request and has no legal objection to this matter.
The City Commission approved Ordinance No. 2024-4806, on the first reading, on September 23,
2024.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on October 2,
2024.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 2024-4806.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2024-4806."
Attachments: (1). Ordinance No. 2024-4806.
(2). Boulevard Plaza Subdivision Replat.
(3). Exhibit `A', Drainage Easement as recorded on Lot 1.
(4). Business Impact Estimate.
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