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HomeMy WebLinkAbout4818 Vacate & Abandon Unused Alley at 215 E. Seminole BoulevardMmoo C) m rnm r oozrn� M OK)Xz 20� OF N on0 rnCA:< moa)_4rn c680z o � v.ic0 �m Q�Goo ° 00 aj 7 N K z (A W �0 �r �r � m Ordinance No. 2025-4818 An ordinance of the City of Sanford, Florida vacating and abandoning the rights of the public to use the north -south alley lying between Lots 20, 22, 24, 26, 28, 30, 32 and 34 and Lots 21, 23, 25, 27, 29 and 33 of the subdivision of Lake View Park, as recorded in Plat Book 3, Page 41, of the Public Records of Seminole County, Florida; 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, the City of Sanford is attempting to ensure that the title to the property commonly referred to as the "Catalyst Site" of the City is clear and unencumbered for future use and potential development purposes; and Whereas, the City Commission finds that the vacating and abandoning of the rights of the public to use the north -south alley lying between Lots 20, 22, 24, 26, 28, 30, 32 and 34 and Lots 21, 23, 25, 27, 29 and 33 of the subdivision of Lake View Park, as recorded in Plat Book 3, Pages 41, of the Public Records of Seminole County, Florida will not operate to the detriment of the City or the public subject; and Whereas, the City Commission further finds that all other conditions required by controlling law have been met relative to the advertising and processing of this Ordinance. 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 right-of-way as set forth herein. (b). The City of Sanford has complied with all requirements and procedures of I 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 the Land Development Regulations of the City of Sanford. Section 2. Vacation and abandonment of the rights of the public to use the north -south alley lying between Lots 20, 22, 24, 26, 28, 30, 32 and 34 and Lots 21, 23, 25, 27, 29 and 33 of the subdivision of Lake View Park, as recorded in Plat Book 3, Pages 41, of the Public Records of Seminole County, Florida; implementing actions. (a). The rights of the public to use the north -south alley lying between Lots 20, 22, 24, 26, 28, 30, 32 and 34 and Lots 21, 23, 25, 27, 29 and 33 of the subdivision of Lake View Park, as recorded in Plat Book 3, Pages 41, of the Public Records of Seminole County, Florida are hereby vacated and abandoned. (b). 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 be responsible to record in the Public Records of Seminole County such copies of all such notices, proofs of publication and this Ordinance as well as a certified copy of this Ordinance. Section 4. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. Section S. 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. 2 Section 7. Effective Date. This Ordinance shall take effect immediately upon recording of this Ordinance in the Public Records of Seminole County, Florida. Passed and adopted this 10th day of February, 2025. City Commission of the City of Sanford, Florida Attest: Traci Houchin, MMC, FCRM City Clerk Approved as to form and legal sufficiency. `'1 !, �4� i 11Vifliam L. Colbert City Attorney I O pd l e A CA 311'_;2_ Lake Monroe Alb EXHIBIT "A" Elm a ALLEY VACATE 0 REQUEST 0 IBJ > a 0 COMMERCIAL ST W J L< W Q us Q fa an, MAPI PARCEL NO. I PROPERTY OWNER I PROPERTY ADDRESS ACRES 1 25-19-30-522-0100-0000 CITY OF SANFORD 221 N. PALMETTO AVE 2.22 2 25-19-30-501-0000-0350 DOUDNEY PROP LLC 200 E COMMERCIAL ST 0.33 3 25-19-30-501-0000-0380 TWO TEN COMMERCIAL LLC 210 E COMMERCIAL ST 0.25 fokb o � f+r. 14" 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. 2025-4818 An ordinance of the City of Sanford, Florida vacating and abandoning the rights of the public to use the north -south alley lying between Lots 20, 22, 24, 26, 28, 30, 32 and 34 and Lots 21, 23, 25, 27, 29 and 33 of the subdivision of Lake View Park, as recorded in Plat Book 3, Pages 41, of the Public Records of Seminole County, Florida; 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. Ordinance relating to former "Catalyst Site"; Removal Of Title Exception/Encumbrance No.5; 215 E. Seminole Boulevard; Unused Alley Vacate; Former Lake View Park Plat 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: 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; 11Paae 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 proposed ordinance is intended to clear up all title issues pertinent to the former "Catalyst Site" in an effort to have the property available for future marketing by the City or uninhibited use by the City. 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: None. The City and City businesses will benefit economically from the actions of the City which will provide for an array of options available to the City for use of the subject property. 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: None. 6. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: None. The City and City businesses will benefit economically from the actions of the City which will provide for an array of options available to the City for use of the subject property. 7. Additional information: The public may find it beneficial to review the City Commission agenda memorandum relating to the proposed Ordinance as well as other public records of the City to attain a full understanding of all matters pertaining to the subject property and its history. Also, the title reports relating to the subject property are specifically available to the public. 2�3 WS RM X � CITY OF Item No. SkNFORD FLORIDA CITY COMMISSION MEMORANDUM 25-040 JANUARY 27, 2025 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Owen Christopher Smith, Project Planner Eileen Hinson, AICP, Planning Director Craig Radzak, Assistant City Manager SUBMITTED BY: Norton N. Bonaparte Jr., ICMA-CM, City Manager SUBJECT: Former "Catalyst Site"; Ordinance No. 2025-4818; Removal Of Title Exception/Encumbrance No.5; 215 E. Seminole Boulevard; Unused Alley Vacate; Former Lake View Park Plat STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Requesting to adopt Ordinance No. 2025-4818, relating to the vacation and abandonment of an unused alley. FISCAL/STAFFING STATEMENT: There is no fiscal impact associated with this item except that the fully marketable and unencumbered real property owned by the City enhances the value of the City -owned property which is favorably impacted by this action. BACKGROUND: A recent title search relating to the former "Catalyst Site" property which is owned by the City discerned many site exceptions/encumbrances. City staff and the Assistant City Attorney are working diligently to clear up all title issues pertinent to the former "Catalyst Site" to have the property available for future marketing by the City or uninhibited use by the City. Accordingly, as one step in that process, an application by the City has been perfected seeking City Commission action vacating and abandoning an unused north -south alley, 20' in width, lying between Lots 20- 34 of the subdivision of Lake View Park, as recorded in Plat Book 3, Pages 41, of the Public Records of Seminole County, Florida. Numerous future actions will be taken to address various title exceptions. 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 regarding 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 January 15, 2025, 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 Assistant City Attorney has assisted in this matter. The City Commission approved Ordinance No. 2025-4818, on first reading, on January 27, 2025. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on January 26, 2025. RECOMMENDATION: City staff and the Administrative Official recommend that the City Commission adopt Ordinance No. 2025-4818. SUGGESTED MOTION: "I move to adopt Ordinance No. 2025-4818, as proposed." Attachment: Ordinance No. 2025-4818 with exhibits.