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Ordinance No. 2011- 4245
An ordinance of the City of Sanford, Florida vacating and
abandoning a portion of West Commercial Street between Myrtle
Avenue and Oak Avenue and between Fulton Street and West First
Street and the North -South alley located between Fulton Street and
West First Street and between Myrtle Avenue and Oak Avenue and
the East -West alley located at 200 West First Street; providing for
legislative findings and intent; providing for attachment and
incorporation of exhibit; providing for the reservation of rights for
the benefit of the City; providing for the taking of implementing
administrative actions; providing for recording; providing for
conflicting ordinances; 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 a portion of West Commercial Street located between Myrtle Avenue and Oak
Avenue and between Fulton Street and West First Street and the north south alley located
between Fulton Street and West First Street and between Myrtle Avenue and Oak Avenue and
the east west alley located between West Commercial Street and West First Street and
between Myrtle Avenue and Oak Avenue generally located at 200 West First Street and as
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, Florida finds that the vacating 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 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
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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 right -of- way /implementing actions.
(a). A portion of West Commercial Street located between Myrtle Avenue and Oak
Avenue and between Fulton Street and West First Street and the North -South alley located
between Fulton Street and West First Street and between Myrtle Avenue and Oak Avenue and
the east west alley located between West Commercial Street and West First Street and
between Myrtle Avenue and Oak Avenue generally located at 200 West First Street and as
depicted in Exhibit "A" is hereby vacated.
(b.) The City of Sanford hereby retains a perpetual right of entry to and utility
easement within and said vacated right -of -way for public and private utility maintenance and
installation purposes and the City of Sanford does not release any right of any nature relative to
these reserved rights. The City of Sanford retains the right to execute any further document to
further memorialize the rights reserved herein without the consent of any property owner(s) to
whom property vested as a result of the action taken in this Ordinance or the successors of
such owner(s).
(c). By accepting the benefits of this action, the property owner of the affected property
agrees to execute any and all documents which the City might reasonably require to protect the
rights of the public in the reserved right of entry to and utility easement within said vacated right-
of-way.
(d). The City Manager, or designee, is hereby authorized to execute the documents
Ordinance No. 2011 -4245
Page No. 2
necessary to implement the action taken herein.
Section 3. Recordation.
The City shall be responsible to record in the Public Records of Seminole County and
copies of all such notices, proofs of publication and this Ordinance as shall be required to
perfect title to the subject property of the vacated right -of -way although the City does not
warrant or guarantee title and title to the vacated property shall vest in accordance with
controlling law.
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.
Passed and adopted this 8 th day of August, 2011.
Attest:
m.
i Yanet Dougherty, City CIWrk
Approved as to form
Iliam L. Colbert, City
A'alc' W
4M
City Commission of the ¢pity of Sanford,
Florida Y ' I
Jeff Triplett, Ma
Ordinance No. 2011 -4245
Page No. 3
EXHIBIT "A"
FULTON ST
ALLEY VACATE
REQUEST
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2 1 ALLEY VACATE
W REQUEST
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RIGHT OF WAY
VACATE
REQUEST
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PARCEL NO.
PROPERTY OWNER
PROPERTY ADDRESS
PROPERTY ZONING
ACRES
COUNTY
CITY
1
25 -19 -30 -5AG- 0105 -0070
MIKE MORENO
212 W 1ST ST
-
SC -3
0.67
2
25 -19 -30 -5AG- 0104 -0060
SUNTRUST BANK
200 W 1 ST ST
-
SC -3
1.69
3
25 -19 -30 -5AG- 0205 -0010
SUNTRUST BANK
200 W 1 ST ST
-
SC -3
0.98
4
25 -19 -30 -5AG- 0205 -0070
CITY OF SANFORD
W 1ST ST
-
SC -3
0.10
5
25 -19 -30 -5AG- 0205 -0030
MIKE MORENO
212 W 1ST ST
-
SC -3
0.54
6
REFERENCE ONLY
MIKE MORENO
W 1ST ST
-
SC -3
0.03
7
25 -19 -30 -5AG- 0205 -0080
SUNTRUST BANK
W 1ST ST
-
SC -3
0.12
8 1
25 -19 -30 -5AG- 0205 -0090
SUNTRUST BANK
W 1ST ST
- I
SC -3
0.12