HomeMy WebLinkAbout4842 Vacate Castle Brewer Court PlatGRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2026003624 Bk:10966 Pg:900-911(12Pgs)
Ordinance No. 2025-4842 REC: 01/14/2026 9:28:56 AM by pkirkland
RECORDING FEES $103.50
An ordinance of the City of Sanford, Florida vacating and abandoning
the plat of Castle Brewer Court generally located between Eighth
Street and Tenth Street and between Mulberry Avenue and Olive
Avenue and between Tenth Street and Eleventh Street and between
Jessamine Avenue and Oleander Ave, as recorded in Plat Book 10,
Pages 17 and 18 of the Public Records of Seminole County; providing
for future easements as required by the City; providing for legislative
findings and intent; providing for incorporation of exhibits; 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 a contingent effective date.
Whereas, an application was filed with the City Commission of the City of Sanford,
Florida, to vacate the plat of Castle Brewer Court generally located between Eighth Street
and Tenth Street and between Mulberry Avenue and Olive Avenue and between Tenth
Street and Eleventh Street and between Jessamine Avenue and Oleander Ave, as
recorded in Plat Book 10, Pages 17 and 18, of the Official 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 plat 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
plat vacate 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 the Plat of Castle Brewer Court, Indemnification of
the City And Implementing Actions.
(a). The plat of Castle Brewer Court as shown on the attached exhibits and
more particularly described on "Exhibt A", the 1955 plat of "Castle Brewer Court"
generally located between Eighth Street and Tenth Street and between Mulberry Avenue
and Olive Avenue and between Tenth Street and Eleventh Street and between
Jessamine Avenue and Oleander Ave, as recorded in Plat Book 10, Pages17 and 18 of
the Official Records of Seminole County as depicted on the attached exhibits is hereby
vacated.
(b). The current Developer/Owner shall provide to the City any and all utility
easements in the form acceptable to the City Attorney as may be required of the City
during the development approval process and /or any relocation as may also be required
of the City at the Developer's/Owner's expense.
(c). (c). By default of this action, and as there are current utilities within the
areas to be vacated; until the provisions of Section 2(b) are accomplished, the vacated
areas shall remain as a public utility easement. Once the action of said section occurs to
the satisfaction of the City, the aforesaid easements shall cease to exist.
(d). 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)
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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 plat
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 Owner shall
provide to the City from any and all utility easements as may be required of the City during
the development approval process and /or any relocation as may also be required of the
City at the Developer's/Owner's expense. The easement(s) 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.
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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.
Passed and adopted this 12th day of January, 2026.
Attest: City Commission of the City of
Sanford � /% / I
Traci Houchin, MMC, FCRMr�f"-
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EXHIBIT "A"
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PLAT VACATE
REQUEST
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PARCEL NO.
PROPERTY OWNER
PROPERTY ADDRESS
ACRES
1
26-19-30-506-0100-0000
HOUSING AUTHORITY CITY OF SANFORD
VACANT
1.72
2
26-19-30-506-0200-0000
HOUSING AUTHORITY CITY OF SANFORD
VACANT
10.04
3
26-19-30-506-0300-0000
HOUSING AUTHORITY CITY OF SANFORD
VACANT
0.63
4
26-19-30-506-0400-0000
HOUSING AUTHORITY CITY OF SANFORD
VACANT
1.03
5
26-19-30-506-0500-0000
HOUSING AUTHORITY CITY OF SANFORD
VACANT
1.28
7 126-19-30-506-0700-0000 I HOUSING AUTHORI Y CITY OF SANFORD I VACANT
26-19-30-506-0600-0000 HOUSING AUTHORITY CITY OF SANFORD VACANT
1.05
1.99
110-
CITY OF
&kNFORD
PLANNING & DEVELOPMENT
SERVICES DEPARTMENT
AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note
below:
Signature:
1. Ownership
Melvin Philpot hereby attest to ownership of the property described below:
Tax Parcel Number(s): 26�19-30-506-0100-0000; 26-19-30-506-0200-0000; 26-19-30.506-0300-0000; 26-19.30-506-0400-0000; 26-19-30.506-0500-0000; 26.19-30-506-0600-0000
Address of Property: N/A
for which this Plat Vacation
II. Designation of Applicant's Agent (leave blank if not applicable)
application is submitted to the City of Sanford.
As the owner/applicant of the above designated property for which this affidavit is submitted, I designate the below named individual
as my agent in all matters pertaining to the application process. In authorizing the agent named below to represent me, or my
company, I attest that the application is made in good faith and that all information contained in the application is accurate and
complete to the best of my personal knowledge.
Applicant's Agent (Print): Ryan von Weller
Agent Address: 1105 KENSINGTON PARK DRIVE, SUITE 200, ALTAMONTE SPRINGS, FL 32714
Email: RVonWeller@wendovergroup.com
Ill. Notice to Owner
Phone: (407) 333-3233 Fax:
A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require a new affidavit. If ownership
changes, the new owner assumes all obligations related to the filing application process.
B. If the Owner intends for the authority of the Applicant's Agent to be limited in any manner, please indicate the limitations(s)
below. (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc.)
The owner of the real property associated with this application or procurement activity is a (check one)
❑ Individual ❑ Corporation o Land Trust ❑ Partnership a Limited Liability Company
❑ Other (describe):
1. List all natural persons who have an ownership interest in the property, which is the subject matter of this petition, by name and
address.
2. For each corporation, list the name, address, and title of each officer; the name and address of each director of the corporation;
and the name and address of each shareholder who owns two percent (2%) or more of the stock of the corporation. Shareholders
need not be disclosed if a corporation's stock are traded publicly on any national stock exchange.
3. in the case of a trust, list the name and address of each trustee and the name and address of the beneficiaries of the trust and the
percentage of interest of each beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the information
required in paragraph 2 above.
Name of Trust:
CITY OF
S.,kNFORD
PLANNING & DEVELOPMENT
SERVICES DEPARTMENT
4. For partnerships, including limited partnerships, list the name and address of each principal in the partnership, including general
or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above.
5. For each limited liabilitv comoanv, list the name, address, and title of each manager or managing member; and the name and
address of each additional member with two percent (2%) or more membership interest. If any member with two percent (2%) or
more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information
required in paragraphs 2, 3 and/or 4 above.
Name of LLC: Sanford Housing Authority
6. In the circumstances of a contract for purchase, list the name and address of each contract purchaser. If the purchaser is a
corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and/or 5 above.
Name of Purchaser:
Date of Contract:
NAME
TITLEIOFFICE/TRUSTEE
OR BENEFICIARY
ADDRESS
% OF
INTEREST
(Use additional sheets for more space.)
7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shall be
disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains.
S. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. I
understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, special
exception, or variance involved with this Application to become void or for the submission for a procurement activity to be non-
responsive. I certify that 1 am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures
herein.
Date
STATE OF FLORIDA)
COUNTY OF SEMINOLE
HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments,
personally appeared ) %I., who is personally known to me or ( ) who produced
as identification and acknowledged before me that s/he executed the same. Sworn and subscribed befor$ me, by
by means of physical presence or ( ) online notarization on the' day of c. 20W, the said person did take an
oath and wasNrst duly sworn by me, on oath, said person, further, deposing and saying that s/he has read the foregoing and that the
statements and allegations contained herein are true and correct.
5
WITNESS my hand and official seal in the County and State last aforesaid this _ day of 202$.
E
MARINELLIE RIVERA f '
Notary Public - State of Florida Nofaiy Public; State of FloridA
Commission HH 242971(Affix Notarial Seal)
My Comm. Expires Mar 21. 2026Printed Name:
ii�01brough National Notary Assn.
CASTLE BREWER COURT
SANFORD, FLORIDA.
LEGAL DESCRIPTION:
FROM THE SOUTHEAST CORNER OF SECTION 26, TOWNSHIP 19 SOUTH, RANGE 30 EAST,
SEMINOLE COUNTY, FLORIDA, RUN WEST 25.15 FEET TO A POINT ON THE WEST RIGHT OF WAY
LINE OF OLIVE AVENUE, SAID POINT BEING THE SOUTHEAST CORNER OF LOT 5 OF THE MAP OF
ROBINSON'S SURVEY OF AN ADDITION TO SANFORD, FLORIDA AS RECORDED IN PLAT BOOK 1,
PAGE 92 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, RUN THENCE NORTH
ALONG THE WEST RIGHT OF WAY LINE OF OLIVE AVENUE A DISTANCE OF 861.78 FEET TO THE
POINT OF BEGINNING, SAID POINT BEING THE SOUTHEAST CORNER OF BLOCK 11, TIER 16 OF
THE FLORIDA LAND AND COLONIZATION COMPANY LIMITED MAP OF THE ST. GERTRUDE
ADDITION TO THE TOWN OF SANFORD, FLORIDA, AS RECORDED IN PLAT BOOK 1, PAGE 112 OF
THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, RUN THENCE SOUTH 89 DEGREES 59
MINUTES 10 SECONDS WEST ALONG THE NORTH RIGHT OF WAY LINE OF TENTH STREET 707.44
FEET TO THE SOUTHEAST CORNER OF BLOCK 11, TIER 18 OF THE AFORESAID ST. GERTRUDE
ADDITION TO THE TOWN OF SANFORD, FLORIDA, RUN THENCE SOUTH 0 DEGREES 0 MINUTES
30 SECONDS WEST ALONG THE WESTERLY RIGHT OF WAY LINE OF OLEANDER AVENUE AND
ITS EXTENSION NORTH 405.56 FEET TO THE SOUTHEAST CORNER OF BLOCK 27 OF THE
AFORESAID ROBINSON'S SURVEY OF AN ADDITION TO SANFORD, FLORIDA, RUN THENCE
NORTH 89 DEGREES 48 MINUTES 10 SECONDS WEST ALONG THE NORTHERLY RIGHT OF WAY
LINE OF ELEVENTH STREET 254.99 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK 27, RUN
THENCE NORTH 0 DEGREES 0 MINUTES 30 SECONDS EAST ALONG THE EASTERLY RIGHT OF
WAY LINE OF JESSAMINE AVENUE AND ITS EXTENSION NORTH 404.54 FEET TO THE SOUTHEAST
CORNER OF BLOCK 11, TIER 18 OF THE AFORESAID FLORIDA LAND AND COLONIZATION
COMPANY LIMITED MAP OF THE ST. GERTRUDE ADDITION TO THE TOWN OF SANFORD,
FLORIDA, RUN THENCE SOUTH 89 DEGREES 59 MINUTES 10 SECONDS WEST ALONG THE
NORTHERLY RIGHT OF WAY LINE OF TENTH STREET 336.86 FEET TO THE SOUTHWEST CORNER
OF BLOCK 11, TIER 19 OF THE AFORESAID FLORIDA LAND AND COLONIZATION COMPANY
LIMITED MAP OF THE ST. GERTRUDE ADDITION TO THE TOWN OF SANFORD, FLORIDA, RUN
THENCE NORTH 0 DEGREES 0 MINUTES 5 SECONDS EAST ALONG THE EASTERLY RIGHT OF WAY
LINE OF MULBERRY AVENUE 594.00 FEET TO THE NORTHWEST CORNER OF BLOCK 10, TIER 19
OF SEMINOLE PARK, SANFORD, FLORIDA AS RECORDED IN PLAT BOOK 2, PAGE 75 OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, RUN THENCE NORTH 89 DEGREES, 59
MINUTES 10 SECONDS EAST ALONG THE SOUTHERLY RIGHT OF WAY LINE OF EIGHTH STREET
1299.23 FEET TO THE NORTHEAST CORNER OF BLOCK 10, TIER 16 OF THE AFORESAID
SEMINOLE PARK, SANFORD, FLORIDA, RUN THENCE SOUTH ALONG THE WEST RIGHT OF WAY
LINE OF OLIVE AVENUE 594.00 FEET TO THE PRINT OF BEGINNING (LESS 66.00 FOOT RIGHT OF
WAY OF TENTH STREET).
i 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.
Ordinance No. 2025-xxx
Vaction of the plat of Castle Brewer Court generally located between Eighth Street and
Tenth Street and between Mulberry Avenue and Olive Avenue and between Tenth Street
and Eleventh Street and between Jessamine Avenue.
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;
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 vacate the 1955 plat of "Castle Brewer Court"
generally located between Eighth Street and Tenth Street and between Mulberry Avenue
and Olive Avenue and between Tenth Street and Eleventh Street and between Jessamine
Avenue and Oleander Ave, as recorded in Plat Book 10, Pages17 and 18 of the Official
Records of Seminole County.
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 adjoining property owners will be most impacted.
7. Additional information
Not applicable.
/- - WS RM X_
CITY OF
Sik No.
NFORD
FLORIDA
CITY COMMISSION MEMORANDUM 2"04
JANUARY 12, 2026 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 Manager
SUBJECT: Vacation of Castle Brewer Court Plat; Ordinance No. 2025-4842
SYNOPSIS:
Requesting approval to vacate Castle Brewer Court plat by the petitioner, AVCON, Inc., c/o Ryan
Von Weller (agent/developer) for Sanford Housing Authority (who is the requesting property
owner) by means of the enactment of Ordinance No. 2025-4842.
FISCAL/STAFFING STATEMENT:
There is no fiscal impact associated with this item.
BACKGROUND:
The petitioner/developer, in an effort to develop the vacant property (former Castle Brewer Court
site), will need to vacate the Castle Brewer Court plat as shown on the attached exhibits and more
particularly described in the legal description of the plat of 1955 for Castle Brewer Court, as
recorded in Plat Book 10, Pages 17 and 18 of the Official Records of Seminole County and would
be marked as "Exhibit A" and a part of this ordinance.
The developer, Wendover Husing Partners, intend to construct a multi-family/partial fee simple
housing complex (Harwick Place) and as such, the vacate of the existing plat would be required
prior to the applicant making application to replat for the new development project.
As part of this approval, and as it is apparent that many utilities within the aforesaid plat vacate,
the City will require the developer to relocate all utilities as maybe required by and to the
satisfaction of the City. The developer will also be required to provide any future utility easements
as may be required by the relocation of utilities, plat vacation or planned development
requirements and such instruments will be in a form acceptable to the City Attorney.
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 November 20, 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 if the requirements set forth above are agreed to
by the Developer/Owner.
City Public Works:
No objection if the requirements set forth above are agreed to
by the Developer/Owner.
AT&T
No objection as long as the requirements set forth above are
agreed to by the Developer/Owner.
Florida Gas Trans. Co.
No objection.
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. 2025-4842, on first reading on December 8, 2025.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on January 7,
2026.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 2025-4842 on first reading.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2025-4842."
Attachments: (1). Ordinance No. 2025-4842.
(2). General Map Exhibit.
(3). Exhibit `A', 1955 plat of "Castle Brewer Court"
(4). Affidavit of Ownership
(6). Business Impact Estimate.
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