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HomeMy WebLinkAbout4001 Vacate Drainage Easement - 102 Woodfield Ct.I IIII II III I1 III II HI II III II It111 gt ! III II III II III I~ Itl IIIII Ordinance No. 4001 An ordinance of the City of Sanford, Florida vacating and abandoning the southerly five feet (5') of a utility and drainage easement that was_platted, upon Lot 76, o.f the Replat of Groveview Village 1--Addition as recorded ,n Plat Book 26, Pages 4 through 6 of the Public Records of Seminole County, Florida (102 Woodfield Court); providing for the taking of implementing administrative actions; providing for legislative findings and intent; repealing all conflicting ordinances; providing for severability; providing for non-codification and providing for an effective date. Whereas, a application was filed with the City Commission of the City of Sanford, Florida, to vacate, and abandon the southerly five feet (5') of utility and drainage easement as depicted on Lot 76 (102 Woodfleld Court) of the Replat of Groveview Village 1st Addition, as recorded in Plat Book 26 pages 4-6 of the Public Records of Seminole County, Florida; more specifically described in Exhibit "A"; and Whereas, the City Commission of the City of Sanford, Florida finds that vacating, and abandoning of said portion of the utility and drainage easement will not operate to the detriment of the City or the public provided that the conditions set forth in this Ordinance are imposed relative to the vacation and abandonment action taken herein in order to protect the public interest. 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 relating to the proposed partial vacation and abandonment of the 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. Ordinance No. 4001 Page No. I Page No. 2 Page No. 3 -j ISLE PL NORTH PROPERTY I.D. # 10-20-30-50~0000-0750 10-20-30-505-0000-0790 10-20-;30-505-0000-0780 10-20-30-50~00-0770 PROPERTY OWNER NELSON DAVID P JOSEPH ENRICK E & LAWANDA KRESS JOHN S & KRESS EMMA J CANNELLA SHIRLEY V PROPERTY ADDRESS 104 WOODFIELD CT 103 SANDPOINT CT 101 SANDPOINT CT 100 WOODFIELD CT ZONING SRo1 SR-1 SR-1 SR-1 Section 2. Vacation of easement (partial)limplementing actions. (a) The southerly five fee (5') of the utility and drainage easement, as described and depicted in Exhibit "A" (102 Woodfield Court) (Lot 76 of the Replat of Groveview Village 1st Addition, as recorded in Plat Book 26 pages 4-6 of the Public Records of Seminole County, Florida), be and the same is hereby vacated, and abandoned; provided, however, that the City of Sanford hereby retains the perpetual right to enter upon said easement area at any time deemed necessary to construct, lay, reconstruct, operate, maintain, modify, and/or repair utilities thereto for the purpose of operating and supplying utility services; provided, further, however, that the City of Sanford does not release any right of any nature relative to the remaining portion of the said easement. (b) The City Manager, or designee, is hereby authorized to execute the documents necessary to the action taken herein. Section 3. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed Section 4. 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 5. Non-Codification. This Ordinance shall be not be codified in the City Code of the City of Sanford or the Land Development Code of the City of San ford. Section 6. Effective Date. This Ordinance shall take effect immediately upon passage and adoption. Passed and adopted this 14th day of August, 2006. Attest: ~anet Dougherty, City C~rk ~,/ City Commission of the City of Sanford, Florida Linda Kuhn, Mayor~ Page No. 2 Certificate I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 4001, Passed and Adopted by the City Commission of the City of Sanford, Florida, on the 14th day of August, 2006, was posted at the front door of the City Hall in the City of ~nford, Florida, on the 16thday of August, 2006. Janet R. Dougherty ~-~ As the City Clerk of the City of Sanford, Florida Page No. 3