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4235 N. Kennel Rd close portion Ordinance 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; a 4 providing for non - codification and providing for an effective date. o cr 4 Whereas, the City Commission of the City of Sanford desires to close a portion N. of North Kennel Road a unimproved right -of -way thirty feet (30') in width located q z 0 F 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 o g � reference; and x � Whereas, the City Commission of the City of Sanford finds that the closing of 00 8 said right -of -way will not operate to the detriment of the City or the public, and that all E F other conditions required by controlling law have been met; provided, however, that the w conditions set forth in this Ordinance are imposed relative to the closing action taken J r herein in order to protect the public interest; and ° 1. 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 N 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 i i&r€ gates and secure I) MARYANN MORSE, CLERK OF CIRCUIT COURT 4 m • t� 014,170 1 CLERK OF SENINOLE COUNTY • 4 ; �; ; . CERTIFIED COPY BK 07627 Pgs 0349 - 354; (6pgs) V �, '` . Dougherty FILE NUM 201 1 094962 ' City Clerk RECORDED 09/06/2011 02:27 :43 PM ► , a +, q!'`' ay of = Florid RECORDING FEES 52. 5 0 ��' r l a� v" s ' RECORDED BY J Eckenroth ial l) �i L 13 -i1 NA tletec III 11ur•11ai 1101Nf1ll ®111111111 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. designee, is hereby The City Manager, or g y 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, Flori • . Attest: A Aril ALA. AwidrIMILI /Janet Dougherty, is y Clerk! Jeff Triplett,p • Approved as to form / and legal sufficiency. • 46-4 if AO A illiam L. Colbert, City - :t r /or4hc t/ / 79 Ordinance No. 2011 -4235 Page No. 5 EXHIBIT "A" PP ‘„ e *zap), +- . . .‘,,,,, ...._,_, a q. LOCOMOTIV - % I it * .4 0 1 ow a � d4A. I I 3 q: • lift 12 1 0 A , . . 4- • eit GI III , i ©1 ILI a REQUEST TO CLOSE _ ; RIGHT OF WAY / Z — 1 1 NARCISSUS AV z W D v 0 OC W N 0 Z Z W X Z W 1ST ST IL PARCEL NO. PROPERTY OWNER PROPERTY ADDRESS ACRES 2 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 IOWA AVE 7.49 3 16- 19 -30- 5AC - 0000 -0770 KELLEY CHRISTOPHER E SUCC TR KENNEL RD N 18.49 4 22- 19- 30 -5AD- 0000 -0010 KELLEY CHRISTOPHER E TR NARCISSUS AV 15.88