HomeMy WebLinkAbout4807 Vacate portion of ROW - 1001 West 8th StreetMMo00
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Ordinance No. 2024-4807
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An ordinance of the City of Sanford, Florida vacating and abandoning
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a portion of right-of-way of Poplar Avenue relating to a parcel of
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property generally located at 1001 West 8tn Street, Sanford, Florida of
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said right-of-way being platted in the plat of Seminole Park, as
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recorded in Plat Book 2, Page 75 of the Public Records of Seminole
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County; proving for indemnification of the City; providing for
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legislative findings and intent; providing for incorporation of exhibits;
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providing for the taking of implementing administrative actions and
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owner agreements; providing for a savings provision and ratification
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of prior actions; providing for conflicts; providing for severability;
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providing for non -codification and providing for a contingent effective
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date.
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Whereas, an application was filed with the City Commission of the City of Sanford,
Florida, to vacate a portion of Poplar Avenue right-of-way generally located at property
addressed as 1001 West 8th Street, Sanford, Florida and upon Lot 1 of the plat for
Boulevard Plaza Subdivision Replat, as recorded in Plat Book 2, Page 75 of the Public
Records of Seminole County as depicted on the attached exhibits and made a part hereof
by this reference thereto; and
Whereas, the City Commission finds that the vacating of said right-of-way 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:
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 A Portion Of Poplar Avenue Right -Of -Way,
Indemnification of the City And Implementing Actions.
(a). A portion of Poplar Avenue right-of-wat generally located at generally
located at 1001 West 81h Street, Sanford Florida and the plat for Seminole Park, as shown
in Plat Book 2, Page 75 of the Public Records of Seminole County as depicted on the
attached exhibits is hereby vacated.
(b). The current Owner and any future owners shall indemnify the City from any
potential damages to the encroaching structure if ever the City needs to repair the existing
sewer line in this location in the future.
(c). The City Manager, or designee, is hereby authorized to execute the
documents necessary to implement the action taken herein.
Section 3. Recordation; Indemnification; Contingency.
(a). The City shall record this Ordinance in the Public Records (Land Records)
of Seminole County and the property owner has agreed to pay the costs thereof and
expressed his consent and desire to have this Ordinance recorded. All costs of the portion
of right of way vacation matters and the recording of this Ordinance shall be paid by the
applicant upon the City requesting payment of such costs.
(b). As a contingency to the action taken in this Ordinance, the subject property
owner shall indemnify the City from any and all potential damages to the encroaching
structure if the City needs to repair the existing sewer line on the property owner's
property or within its right-of-way at any time in the future with the City having no
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obligation to make any repairs. The instrument will be in a form acceptable to the City
Attorney and shall be recorded in the Official Records of Seminole County and run with
the land of the property owner and be a perpetual burden and obligation as to said
property.
Section 4. Savings; Ratification Of Prior Actions.
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. Contingent Effective Date.
This Ordinance shall take effect immediately upon passage and adoption and
upon the recording of all instruments as required herein. To that end, the right-of-way
vacation set forth in this Ordinance shall not be effective unless and until said documents
are recorded.
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Passed and adopted this 14'h day of October, 2024.
Attest:
Traci Houchin, MMC, FCRM
City Clerk
Approved as to form
and legal sufficiency.
City Commission
Sanf rd
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Art Wood ruff ' L
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Mayor
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AC A
of the City of
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41
CITY OF
SkNFORD
\ FLORIDA
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
a portion of right-of-way of Poplar Avenue generally located at 1001
West 8tn Street, Sanford Florida of the plat of Seminole Park, as
recorded in Plat Book 2, Page 75 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 partial vacation of an existing right-of-way which action
will enable the cure of a title encumbrance and allow for the sale 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.
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BOUNDARY SURVEY
LEGAL DESCRIPTION:
LOT 6, BLOCK 1C), TIER 13, SEMINOLE PARK, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 2, PAGE 75. OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA.
FLOOD INFORMATION:
BY PERFORMING A SEARCH WITH THE LOCAL GOVERNING MUNICIPALITY OR WWW.FEMA.GOV,
THE PROPERTY APPEARS TO BE LOCATED IN ZONE AE. THIS PROPERTY WAS FOUND IN CITY OF
SANFORD, COMMUNITY NUMBER 120294, DATED 2007-09.28.
CERTIFIEDTO:
B&S WEST 8TH ST, LLC; SOUTHERN TITLE AND ABSTRACT, INC; OLD REPUBLIC NATIONAL TITLE
INSURANCE COMPANY; MERS AS NOMINEE FOR LOAN FONDER, LLC SERIES 82446
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Fiek Date: 9l21/2024 Date Completed: oRi2/R4
)ratan By: G.S. File Number lS-134343
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aAbulen9 Properties Deeds hate NOl been liesear[Fed l«G,pa, Oredapa a,d/«Hiatus
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Bu�ltlinq 'Rs are NON to M used to recenshuct Property Lines.
Rance OwnersMp is NOT dNermined.
awl Overhangs, Underground Utilities ant/« Faeten hxe NOT bean bated UNLESS
oted.
eiBeplicrants and/« D U—C I«ations,re appronmate and MUgibe verified by
epW upria�e utility L«aaun Cemyan:e,.
sVNNTNs Surrey fNlN+polea wM1n Man In[entled, WiMout Written Verification, Will be
N IM Veer i Sde Ret,MIalNoul Eiatility to Me Burvryor. Nothing Herton shall be
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ONE STORY RESIDENCE, CONCRETE SIDEWALK AND CONCRETE
PAD OVERLAPS THE PROPERTY LINE
b the S—d de of Practice far lent
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n F<on PATRICKIREIAND {6sJ l►: )4]
Ireland k Associates surveylig, Inc.
800 Currency Circle I Suite 1020
Lake Mary, Florida 32746
www.irelandsurveying.com
Ofrce-407.678.3366 Fax-407.320.8165
Sketch of Description
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Known AsWest 80 Street
Platted As: 8th Street I
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Point of I
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This is NOT a Survey.
This is ONLY a Description.
This Sketch and Description consist of two sheets and Sheet 2 of 2
is not full and or complete without both sheets. File No. IS-134343
Description of Sketch
Partial Riqht-of-Way Vacation
Leqal Description:
A PORTION OF POPLAR AVENUE, A 82.00 FOOT WIDE RIGHT-OF-WAY, SEMINOLE PARK, AS RECORDED IN
PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 6, BLOCK 10, TIER 13, SEMINOLE PARK, AS RECORDED
IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, THENCE, ALONG
THE EAST LINE OF THE AFORESAID LOT 6, SAID LINE BEING THE WESTERLY RIGHT-OF-WAY LINE OF
POPLAR AVENUE, SOUTH 00-0049" EAST, 40.00 FEET TO A POINT ON SAID EAST LINE OF LOT 6, SAID POINT
BEING THE POINT OF BEGINNING;
THENCE, DEPARTING SAID EAST LINE OF LOT 6, NORTH 89e59'11" EAST, 6.00 FEET; THENCE, SOUTH
00*00'49" EAST, 42.45 FEET, THENCE SOUTH 89e59'11" WEST, A DISTANCE OF 6.00 FEET TO A POINT ON THE
AFORESAID EAST LINE OF LOT 6, THENCE, ALONG SAID EAST LINE OF LOT 6, NORTH 00-00'49" WEST, 42.45
FEET TO THE POINT OF BEGINNING.
CONTAINING 254.70 SQ FT t OR 0.006 ACRES t.
This is NOT a Survey.
This is ONLY a Description.
This Sketch and Description consist of two sheets and
is not full and or complete without both sheets.
B8S WEST 8TH ST, LLC; City of Sanford
Ireland & Associates
Surveying, Inc.
800 Currency Circle Suite 1020
Lake Mary, Florida 32746
www.irelandsurveying.com
Office: (407) 678.3366 Fax: (407) 320.8165
Sheet 1 of 2
>Sketch is Based upon the Legal Description Supplied by Client.
>Abutting Properties Deeds have NOT been Researched for Gaps,
Overlaps and/or Hiatus. -
>Sub)act to any Easements and/or Restrictions of Record>Bearing Basis shown hereon, is Assumed and Based upon the Una
Denoted with a'BB'.
>Building Ties are NOT to be used to reconstruct Property Lines.
>Fence Ownership Is NOT determined.
>Roof Overhanggs Underground Utlllties and/or Footers have NOT
been located UfJLESS otherwise noted.
>Septic Tanks and/or Drelntbld locations are approxlmale and MUST
be verifwd by appropriate Utility Location Companies.
>Use of This Sketch for Purposes other than Intended, Without
Written Verification, Will be at the User's Sole Risk and Without
Liability to the Surveyor. Nothing Hereon shall be Construed to
Give ANY Rights or Benefits to Myone Other than those Certified.
C - Calculated - PC - Point of Curvature
- Centenme Pg. - Page
�B - Concrete Block PI - Point of Intersection
CM - Concrete Monument P.O.B.- Pant of Beginning
Conc. - Concrete P.O.L. - Point on Line
D - Description PP - Power Pow
DE - Drainage Easement PRM - Permanent Reference
Esmt - Easement Monument
F.E.WA - Federal Emergency pT - Pant of Tangency
Management Agency R - Radius
FFE - Flnished Floc Elevaton Red. - Radial
Fnd. • Found R&C - Rebar & Cap
IP - Iron Pipe Rec_ . Recovered
L -Langer ('c) Rfd. - Rooted
M -Measured SN - Set Y." Reber &
N&D - Nail B Disk Reba, Cap "LB 7623'
N R - Non -Radial Typ. Tyyppkel
DRB - Official Records Book UE - Utlllty Eament
P _ Plat WM - Water Meseter
P.B. - Port Book A - Delta (Central Angw)
- - Wood Fence -X- - Chain Link Farm
I hereby Certify that ells Sketch end Downptlon of the above Deecrioed Property is
True will Correct to the Best of my Knowledge end Be1'ef tie recently Surveyed
under my Direction on tie Date Shown, Based on Information furnished to Me as
Noted and Cmfome to the Standerds of P-11- for Lend Surveying h the Stele
of Florida In woonisrtce with Chapter 5d17,052 Florida Adminhtretive Codes,
Pursusnl t:Zhi"j—
FOR FHRM
Patrick K. Ire d`koBm�Po 6637 LB 7623
Date Signed: OgD6/24
This Sketch is intended ., eVY for fine use of Said Certified Pairties.
This Sketch NOT VALID UNLESS Signed and sed Emboswdh Surveyor's Seal.
N File o. IS-134343
EXHIBIT "A"
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W.8TH ST
O RIGHT OF WAY
VACATE
I REQUEST
a PARCEL NO. PROPERTY OWNER PROPERTY ADDRESS ACRES
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1 25-19-30-5AI-1013-0060 CALVN DIXON 11001 W 8TH ST 0.14
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j� CITY OF
SkNFORD
`. F ORIDA
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Item No.T.—C.,
CITY COMMISSION MEMORANDUM 24.295
OCTOBER 14, 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, City `ger
SUBJECT: Partial Right Of Way Vacation; Po pl Avenu , 1001 West 8th Street;
Ordinance No. 2024-4807
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Approve a petition to vacate a portion of the right-of-way of Poplar Avenue as by the petitioner,
Tony Littles (agent) for Calvin Dixon (who is the requesting property owner) by means of the
enactment of Ordinance No. 2024-4807 is requested.
FISCAL/STAFFING STATEMENT:
There is no fiscal impact associated with this item.
BACKGROUND:
The petitioner, to sell the property (which is addressed as 1001 West 8th Street) and cure a title
encumbrance, will need to vacate a portion of Poplar Avenue because of a structure encumbrance
being located within Poplar Avenue right-of-way as shown on the attached exhibits and more
particularly described on the sketch and description of the proposed vacate area of the subject right
of way. Poplar Avenue is platted in the plat Seminole Park, as recorded in Plat Book 2, Page 75 of
the Official Records of Seminole County.
As in the past, the City hears similar small encumbrance matters and, as such, City staff has
considered the matter and has no objection to the right-of-way being vacated. The portion vacated
is 6' in width and contains 254.70 square feet.
As part of this approval, the City will require the owner to indemnify the City from any and all
potential damages to the encroaching structure if the City needs to repair the existing sewer line in
this location in the future with the City having no obligation to make any repairs. The instrument
will be in a form acceptable to the City Attorney.
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. 2024-4807, on the first reading, on September 23,
2024.
The City Clerk published notice of the 2"d Public Hearing in the Sanford Herald on October 2,
2024.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 2024-4807.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2024-4807."
Attachments: (1). Ordinance No. 2024-4807.
(2). General Map Exhibit.
(3). Exhibit `A', Sketch and Description.
(4). General Overall Parcel Survey.
(5). Business Impact Estimate.
a