4321 vacating utility esmtOrdinance No. 4321
An ordinance of the City of Sanford, Florida vacating and
abandoning various portions of a public utility easement
located within the plat of Mayfair Lake Front (Lots 1, 2 and 3),
as recorded at Plat Book 5, Page 81 of the Public Records of
Seminole County, with regard to property located at 135 N.
Summerlin Avenue (Tax Parcel Identification Number 30- 19 -31-
504- 1200 - 0010); providing for the taking of implementing
administrative actions; providing for legislative findings and
intent; repealing all conflicting ordinances; providing for
severability; providing for non - codification and providing for
an effective date.
Whereas, an application was filed with the City Commission of the City of
Sanford, Florida, to vacate and abandon various portions of a public utility
easement, 14' in width, located within Mayfair Lake Front plat; and
Whereas, the platted land and lots are located at 135 N. Summerlin
Avenue and the subject Plat is recorded at Plat Book 5, Page 81 of the Public
Records of Seminole County, Florida; and
0
Whereas, the subject benefitted property is assigned Tax Parcel
o
Identification Number: 30- 19- 31- 504 - 1200 -0010 by the Seminole County
Property Appraiser; and
Whereas, the platted lands and areas within the easement are more
specifically described in Exhibit "A " and Exhibit "B" to this Ordinance which
U
exhibits are incorporated into this Ordinance by this reference thereto as if fully
0
set forth herein verbatim; and
U
Whereas, the City Commission of the City of Sanford finds that the
oeasement
set forth in the platted lands and lots was dedicated to the public and
were accepted by the City and that the City has maintained and continues to
maintain jurisdictional and regulatory control over the said easement portions;
and
a�
oWhereas,
the City Commission of the City of Sanford finds that vacating,
and abandoning the said portions of the public utility easement will not operate to
the detriment of the City or the public provided that the conditions set forth in this
U
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,
a
Ordinance No. 4321
Page No. 1
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 relating to the proposed said portions of the public utility easement 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.
Section 2. Partial vacation of easement; implementing actions.
(a) The City of Sanford hereby vacates and abandons portions of the
public utility easement more specifically described in Exhibit "A" and Exhibit
«g„
(b) The City Manager, or designee, is hereby authorized to execute
the documents necessary to the action taken herein with the assistance of the
City Attorney.
Section 3. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are
hereby repealed.
Section 4. 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 5. Non - Codification.
This Ordinance shall be not be codified in the City Code of the City of
Sanford or the Land Development Code of the City of Sanford.
Ordinance 4321
Page No. 2
Section 6. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 25th day of August, 2014.
Attest:
City Commission ohe City of
Sanford, Florida
0
Cynt is Porter, City Clerk Jeff Triplett,
Approved as to form and legal
sufficiency.
'/' ../ ' , - t � , "; e� �
William L. Colbert City Attorney
Ordinance 4321
Page No. 3
LAKE MONROE
FULTON ST
� I
I
EASEMENT VACATE
REQUEST
z
J
W
I
I
'4 I
I
I
I
I
I
I
I
Q
I
i
I
I
EASEMENT VACATE
REQUEST
i
-- - - - - -- - - - - -- a - - --
T EMENT VACATE - -- UEST 0
0
V
H
a
a
PARCEL NO.
PROPERTY OWNER
PROPERTY ADDRESS
ZONING
ACRES
Q
1
30- 19 -31- 504 - 1200 -0010
MAGNOLIA TAXDEED 1 LLC
135 N. SUMMERLIN AV
SR -1AA
0.71
2
30- 19 -31- 502 - 0100 -0010
DAVID & CAROL COWAN
130 N SCOTT AV
SR -1AA
0.82
3
30 -19 -31 -504- 0300 -0030
JOHN & JOAN WOODARD 111
125 N. SUMMERLIN AV
SR -1AA
0.56
LEGAL DESCRIPTION
Legal Description (Vacate of Utility Easement):
A parcel of land comprising a portion of Section 30, Township 19 South, Range 31 East, Orange
County, Florida.
Being more particularly described as follows:
(PARCEL #1)
COMMENCE at the Northwest corner. of Lot 1, Block 12, Mayfair Lake Front, according to the plat
thereof, as recorded in Plat Book 5, Page 81 of the Public Records of Seminole County, Florida;
said corner also being on the Southerly right of way line of Seminole Boulevard and the Easterly
right of way line of Summerlin Avenue; thence departing said Southerly right of way run South
00 °26'48" East along said Easterly right of way line for a distance of 138.97 feet to POINT 'A',
a point later referenced, thence departing said Easterly right of way line run South 89'14'16"
East for a distance of 16.29 feet to the POINT OF BEGINNING: thence continue South 89'14'16"
East for a distance of 27.96 feet; thence run South 00 °30'58" East for a distance of 1.77 feet;
thence run South 89 °29'02" West for a distance of 27.95 feet; thence run North 00'30'58" West
for a distance of 2.40 feet to the aforesaid POINT OF BEGINNING.
(Containing 58.30 square feet.)
(PARCEL #2)
COMMENCE AT AFORESAID POINT 'A'; thence run along said Easterly right of way South
00'26'48" East for a distance of 14.00 feet; thence departing said Easterly right of way of
Summerlin. Avenue run South 89'14'16" East for a distance of 9.31 feet to the POINT OF
BEGINNING: thence run North 00'30'58" West for a distance of 3.45 feet; thence run North
89'29'02" East for a distance of 27.10 feet; thence run South 00 °30'58" East fora distance of
4.05 feet to POINT V. a point later referenced; thence run North 8914'16" West for a distance
of 27.11 feet to the aforesaid POINT OF BEGINNING.
(Containing 101.68 square feet.)
(PARCEL #3)
COMMENCE AT AFORESAID POINT 'B'; Thence run South 89'14'16" East for a distance of 63.45
feet to the POINT OF BEGINNING; thence run North 00'45 "44" East for a distance of 3.82 feet;
thence run South 89'14'16" East for a distance of 16.23 feet; thence run South 00'45'44" West
for a distance of 3.82 feet; thence run North 89 °14'16" West for a distance of 16.23 feet to
the aforesaid POINT OF BEGINNING.
(Containing 62.02 square feet.) SHEET 1 OF 2
SEE SHEET 2 FOR SKETCH
16 EAST PLANT STREET
FW(� 31787 + (a07) 65t -5355
Drowina name: l: \Data \20140083
SURVEYOR'S NOTES:
1. THIS IS NOT A SURVEY.
2. THIS SKETCH IS NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL.
3. BEARINGS SHOWN HEREON ARE BASED ON THE WESTERLY LINE OF LOT 1, BLOCK 12
AS BEING S 00'26'48" E (BASED .ON ASSUMED DATUM) I
JOB N0, 20144083 CALCULATED BY: JLR FOR THE
DATE: 4 -29-14 DRAWN BY: DM
SCALE: 1" = 40 feet CHECKED BY- JLR
FIELD BY' JDS
— SKETCHI — UE — 4- 29- 14.dwo Model
#8723 BY:
'JAMES L. tj1 AMAN, P.S.M. #5633
i
0
o >
z
C
1-9
l"= 40'
GRAPHIC SCALE
0 20 40 60
SKETCH OF !
i
_ SEMINOLE BOULEVARD.
RIGHT OF WAY ARIES
POINT OF COMMENCEMENT
RECOVERED 1 1/4" IRON SOUTHERLY RIGHT OF WAY LINE OF
PIPE WITH NO ID. SEMINOLE BOULEVARD
NORTHWEST CORNER OF
LOT 1, BLOCK 12
F
�WESTERLY LINE OF LOT 1, BLOCK
12 AND THE EASTERLY RIGHT OF
WAY LINE OF SUMMERUN AVENUE
us
w$
LOT 1 LOT 2 LOT 1
�; BLOCK 12 BLOCK 12 BLOCK I
EASTERLY LINE OF
LOT 2, BLOCK 12
I POINT 'A'
i
L7 L2
on L�—; w N7 —L14 —u)
U L11 L12, J 16 J
POINT B P.O.B. PA
P.O.B. PARCEL #�2 EASTERLY LINE OF
LOT 3 LOT 3. BLOCK: 12
BLOCK 12
LINE TABLE
_
LINE
LENGTH
BEARING
Lt
16.29 -
S89'149 6 "E
L2
27.96
- - -SB '14'16 "E
L3
1.77
S00'30'58'E
L4
27.95
S89'29'02 "W
L5
2.40
N00'30'58 "W
L6
14.00
OO 6'48 "E
L7
9.31
S89'1 '16 "E
L8
3.45
N0030'58 "W
#3
LOT 3
BLOCK I
--
LINE_TABLE
LINE
_
LENGTH
_
BEARING
L9
27.10
- N89'29'02 "E
LID
4.05
SO '30'58"E
L11
27.11
N89'14'1 "
L12
63.45
S89'14'16'E
L13
3.82
N00'45'44 "E
L14
16.23
S89'14'16'E
U 5
3.82
S00'45'44"W
L16
16.23
N89'14'16"W
SHEET 2 OF 2
SEE SHEET 1 FOR DESCRIPTION
j
�►
A i i L"' 1lt
LEGEND p = Found 4'x 4" Concrete Monument
R/W = Right of Way numbered as shown
{M} = measured o = Change of direction
REC. = recovered LB = Licensed Business
CJ+ = Set 5/8" Iron Rod w /cop #BL6723 FND' =found
■ Set 4 "x 4 Concrete Monument PSM = Professional Surveyor & Mapper
w /disc #.B6723 LS = Licensed Surveyor P.O.B. = POINT OF BEGINNING
COMPANY
JOB NO. 20140083
CALCULATED BY: JLR
., .. ._`
DATE: 4 -29 -14
DRAWN BY: DM
SCALE: 1" = 40 feet
CHECKED BY' JLR
16 EAST PLANT STREET
,IYaiter Grin, Rai 34787; ( 407 ) 654 -5315
FIELD BY: JD5
n.n".tnn nn.n "• 1•\ nn4n \9nldnnii.R \,imn \9nlAnnR.'4 - RKFVJ41 - [IF - 4- 99- 14.dwn SKFTr.H RHFFT 7