4281 Vacating alley betw Park & MagnoliaOrdinance No. 2012 -4281
An ordinance of the City of Sanford, Florida vacating and
abandoning a north -south alley located between Park Avenue and
Magnolia Avenue and between East 25 Place and East 26 Street as
part of Frank L. Woodruff's Subdivision of Lands, South Sanford
Florida as recorded in Plat Book 3, Page 44 of the Public Records of
Seminole County and which is generally located at 2538 S. Magnolia
Avenue; 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
N contingent effective date.
M
Whereas, an application was filed with the City Commission of the City of
Sanford, Florida, to vacate a north -south alley located between Park Avenue and
Magnolia Avenue and between East 25 Place and East 26 Street; and
d
l _ Whereas, the unimproved 10' wide north -south right -of -way (alley) was platted
z as part of Frank L. Woodruff's Subdivision of Lands, South Sanford Florida as recorded
0
0
in Plat Book 3, Page 44 of the Public Records of Seminole County and is generally
9 located at 2538 S. Magnolia Avenue and as depicted in Exhibit "A" which Exhibit is
Cn
°, attached hereto and made a part hereof by this reference; and
U
Whereas, the City Commission of the City of Sanford, Florida finds that the
a�
;, vacating of said right -of -way (alley) will not operate to the detriment of the City or the
o 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
as
vacation and abandonment action taken herein in order to protect the public interest.
0
4YANNE NORSE, CLERK OF CIRCUIT COURT
CLp OF SEMINOLE COUNTY
vu 1 5 1 72'48 9sr
REORDED 1 2/17/2012 04=12s82 PM
RWRDINS FEES 44.80
RECORDED By v users
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 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 10' wide north -south alley located between Park Avenue and Magnolia
Avenue and between East 25 Place and East 26 Street generally located at 2538 S.
Magnolia Avenue 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 and 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
as a result of the action taken in this Ordinance or the successors or assigns of such
owner(s).
Ordinance No. 2012 -4281
Page No. 2
(c). 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.
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.
Ordinance No. 2012 -4281
Page No. 3
Passed and adopted this 10 day of December, 2012.
City Commission of the City of
Sanford, Florida K
Attest:
net Dougherty, City lerk
Approved as to form
and legal sufficiency.
7 is L. Colbert, City Attoyhey
1j s c— 6
1'/$
Jeff Triplett, Ma
.
.s kN a�
Ui
i Q
�.
Ordinance No. 2012 -4281
Page No. 4
EXHIBIT "A"
V
Q Q'
ALLEY VACATE
REQUEST
Q
a
O
E 25TH PL
0 o a
0
a
Q
J
O 0
z
t�
a
0
a
a
PARCEL NO.
PROPERTY OWNER
PROPERTY ADDRESS
ACRES
1
01- 20 -30- 506 - 0000 -2050
TERRY D. & MARSHA J. MARTIN
PARKAVE
0.88
2
01- 20 -30- 502 - 0000 -0090
PATRICIA J. LEE
2535 PARKAVE
0.20
3
01- 20 -30- 502 - 0000 -0080
FRED W. HOPPER
2536 MAGNOLIAAVE
0.40
4
01- 20 -30- 506 - 0000 -2060
TERRY D. & MARSHA J. MARTIN
2538 MAGNOLIA AVE
0.88
5
1 01- 20 -30- 506 - 0000 -OOP1
I CITY OF SANFORD
PARKAVE
1.24