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Ordinance No. 2012 -4280
An ordinance of the City of Sanford, Florida vacating and
abandoning a portion of Second Street located between Poplar
Avenue and Cedar Avenue and between West First Street and Third
Street as part of E.R. Trafford's Map of the Town of Sanford, Sanford,
Florida as recorded in Plat Book 1, Page 61 of the Public Records of
Orange County (now Seminole County) and which is generally
located at 915 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 restrictive groundwater covenants; providing for the
taking of implementing administrative actions; providing for
recording; providing for benefits and burdens inuring to the benefit
and detriment of Harry Ellis, Jr.; 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 Second Street located between Poplar Avenue
and Cedar Avenue and between West First Street and Third Street; and
Whereas, the unimproved 66' wide east -west right -of -way of Second Street was
platted as part of E.R. Trafford's Map of the Town of Sanford, Sanford, Florida as
recorded in Plat Book 1, Page 61 of the Public Records of Orange County (now
Seminole County) and is generally located at 915 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:
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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 vacation of the right -of -way as set forth herein. Notwithstanding
anything in this Ordinance or any other document to the contrary, the applicant relative
to the action taken herein is and was Harry Ellis, Jr., regardless of who may have filed
documents relating thereto on his behalf, and Harry Ellis, Jr. shall be burdened as set
forth herein with regard to the vacated right -of -way.
(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 Second Street located between Poplar Avenue and Cedar
Avenue and between West First Street and Third Street generally located at 915 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 a utility
easement within said vacated right -of -way for public and private (as approved by the
City) 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
Ordinance No. 2012 -4280
Page No. 2
as a result of the action taken in this Ordinance or the successors or assigns of such
owner(s).
(c). In accordance with the requirements of the remedial plan for the former
Manufacturing Gas Plant (MGP) on or near the vicinity of said right -of -way, this
Ordinance perpetually restricts any ground water use and prohibits any installation,
operation or use of any water well. All such restrictions shall perpetually benefit the City
and burden the subject vacated right -of -way. The City shall have the right, but not the
obligation to enforce such restrictions, and should the City determine to do so, the
applicant, or its successors or assigns, shall be obligated to pay any and all costs of
enforcement incurred by the City to include, but not be limited to, court costs and
attorneys fees (to include, but not be limited to, those on appeal and paralegal costs).
The applicant has agreed with the City that these conditions to not impose any
unconstitutional or otherwise unlawful restriction on the property rights (past, current or
future) of the applicant and its successors and assigns or constitute any arbitrary or
capricious action by the City. The City shall, at no time, owe any compensation to the
applicant.
(d). The City Manager, or designee, is hereby authorized to execute the
documents 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. All costs of recording shall be paid by the City upon the
City requesting payment of such costs.
Ordinance No. 2012 -4280
Page No. 3
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 10 day of December, 2012.
City Commissi of the City of
Sanford, Florida
Attest:
-'u.,( 1
anet Dougherty, Cit
Approved as to form
and legal sufficiency.
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Ordinance No. 2012 -4280
Page No. 4
EXHIBIT "A"
W 1ST ST
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W 2ND ST
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RIGHT OF WAY
VACATE O
REQUEST W
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W 3RD ST
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a PARCEL NO. PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING ACRES
COUNTY CITY
1 25 -19 -30 -5AG- 0312 -0010 HARRY W. ELLIS JR. W 1ST ST - GC -2 1.24
2 25 -19 -30 -5AG- 0412 -0000 I HARRY W. ELLIS JR. W 3RD ST - MR -3 1.49