HomeMy WebLinkAbout4235 Closing portion N. Kennel RdOrdinance No. 2011 -4235
An ordinance of the City of Sanford, Florida closing a portion of
North Kennel Road located between Narcissus Avenue and Rand
Yard Road; providing for legislative findings and intent; providing for
attachment and incorporation of an exhibit; providing for the taking
of implementing administrative actions; providing for a reverter;
providing for recording and responsibilities of adjoining owners;
providing for conflicting ordinances; providing for severability;
providing for non - codification and providing for an effective date.
Whereas, the City Commission of the City of Sanford desires to close a portion
of North Kennel Road a unimproved right -of -way thirty feet (30') in width located
between Narcissus Avenue and Rand Yard Avenue as specifically described and
depicted in Exhibit "A" which Exhibit is attached hereto and made a part hereof by this
reference; and
Whereas, the City Commission of the City of Sanford finds that the closing of
said right -of -way will not operate to the detriment of the City or the public, and that all
other conditions required by controlling law have been met; provided, however, that the
conditions set forth in this Ordinance are imposed relative to the closing action taken
herein in order to protect the public interest; and
Whereas, the City Commission of the City of Sanford finds that the closing of
said right -of -way does not purport or assert any transference or right of title nor gives
acknowledgment or potential for adverse possession by use of the adjoining owners of
said right of way; and
Whereas, the City Commission of the City of Sanford finds and understands by
necessity the need to physically close by the installation of security gates and secure
said right -of -way from public use and that such action will protect and preserve the life,
safety and welfare of the citizens of the City of Sanford; and
Whereas, the City Commission of the City of Sanford by cause, understands the
need of such action and the necessity of use by the adjoining owners, can reverse this
action at will or for any cause that may arise or constitute any statutory encumbrance of
reasonable access by the city or any authorized utility or service providers or in conflict
thereof from an implied grant of way or statutory way of necessity of any person(s) by
common -law rights.
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 closing 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.
Ordinance No. 2011 -4235
Page No. 2
Section 2. Closing of right -of- way /implementing actions; condition of
approval.
(a). A portion of North Kennel Road a unimproved right -of -way thirty feet (30')
in width located between Narcissus Avenue and Rand Yard and as specifically
described and depicted in Exhibit "A" is hereby closed.
(b). The City Manager, or designee, is hereby authorized to execute the
documents necessary to implement the action taken herein.
Section 3. Recordation.
(a). The City shall to record a certified copy of this Ordinance in the Public
Records of Seminole County as well as to record certified copies of all such notices,
proofs of publication and other matters as directed by the City Clerk.
(b). It shall be the sole responsibility and expense of the adjoining owners
install any improvements including security gates within a reasonable amount of time
and shall maintain said improvements thereof in perpetuity of the effectiveness of this
Ordinance to the satisfaction of the City.
(c). It is and shall be the sole responsibility of the adjoining owners to provide
and maintain all necessary improvements to the satisfaction of the City as required for
any infrastructure to close said right -of -way and to provide access to any authorized
utility or service providers at all times.
(d). The City Commission, at any time in the future, in its discretion, may
reverse this action and the adjoining owners shall promptly remove and restore the
right -of -way to like or better condition as directed by the City.
(e). By accepting the benefits of this Ordinance, as evidenced by the
Ordinance No. 2011 -4235
Page No. 3
recordation of this Ordinance, the adjoining owners, and their heirs, assigns and
transferees shall be perpetually bound by the obligations set forth in this Ordinance
which shall run with and touch and concern their properties which abut the closed right-
of -way.
Section 4. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 5. 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 be not be codified.
Section 7. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption;
provided, however, that this Ordinance shall not become effective unless and until the
actions to be taken in accordance with Section 3 of this Ordinance have been
accomplished within a reasonable amount of time to the satisfaction of the City the
granting by the adjoining owners to ensure reasonable access of the City and any
authorized utility or service providers within said right of way. Upon this Ordinance
becoming effective as a result of the conditions set forth herein being accomplished, the
Ordinance No. 2011 -4235
Page No. 4
City Clerk, in conjunction with the City Attorney, shall cause an affidavit to be recorded
in the Official Records and be attached to the original of this Ordinance reflecting the
fact that this Ordinance has taken effect and the date on which such occurred.
Passed and adopted this 11th day of April, 2011.
City Commissio of the City of
Sanford, Florid
Approved as to form
and legal sufficiency.
William L. Colbert, City'IktterrW'
10i , Jd1 6- Al , /
,96,E
Ordinance No. 2011 -4235
Page No. 5
EXHIBIT "A"
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NARCIS$UIS AV
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REQUEST TO CLOSE
RIGHT OF WAY
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PARCEL NO.
PROPERTY OWNER
PROPERTY ADDRESS
ACRES
1
16 -19 -30 -5AC- 0000 -059A
SANFORD RECYCLING & TRANSFER
3551 RANDYARD RD
5.00
2
16 -19 -30 -5AC- 0000 -0590
KELLEY CHRISTOPHER E SUCC TR
IOWAAVE
7.49
3
16 -19 -30 -5AC- 0000 -0770
KELLEY CHRISTOPHER E SUCC TR
KENNEL RD N
18.49
4
1 22- 19- 30 -5AD- 0000 -0010
I KELLEY CHRISTOPHER E TR
NARCISSUS AV
15.88