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4335 vacate util esmt>:1 0 U Ordinance No. 4335 An ordinance of the City of Sanford, Florida vacating and abandoning a portion of an east-west utility easement which is 20' in width situated on Lots 1-17 and 30 - 35 within the plat of Graceline Court as recorded in Plat Book 3, Page 99 of the Public Records of Seminole County, Florida (Tax Parcel Identification Number 25-19-30-503-0000-0010); 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 vacate a portion of an existing 20' wide east-west public utility easement situated on Lots 1-17 and 30 - 35 within the plat of Graceline Court as recorded in Plat Book 3, Page 99 of the Public Records of X Seminole County; and Whereas, the platted land and lots are located at 1315 W. 1st Street is recorded at Plat Book 3, Page 99 of the Public Records of Seminole County, Florida; and Whereas, the platted land and lot is assigned Tax Parcel Identification Number 25-19-30-503-0000-0010 by the Seminole County Property Appraiser; and Whereas, the platted lands and lots are more specifically described in Exhibit "A " and Exhibit "B" to this Ordinance which exhibits are incorporated into this Ordinance by this reference thereto as if fully set forth herein verbatim; and Whereas, the City Commission of the City of Sanford finds that all of the easements set forth on the platted land and lot were dedicated to the public and were accepted by the City and that the City has and maintains jurisdictional and regulatory control over the said easement portions; and Whereas, 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 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: Ordinance No. 4335 Page No. 1 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. Vacation of easements; implementing actions. (a) The City of Sanford hereby vacates and abandons a portion of an existing 20' wide east -west public utility easement situated on Lots 1 -17 and 30 - 35 within the plat of Graceline Court as recorded in Plat Book 3, Page 99 of the Public Records of Seminole County, Florida (Tax Parcel Identification Number: 25- 19 -30- 503 -0000 -0010) being more specifically described in Exhibit "A ", and "B "; be and the same is hereby vacated, and abandoned. (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 4335 Page No. 2 Attest: Section 6. Effective Date This Ordinance shall take effect immediately upon passage and adoption. Passed and adopted this�9thAay, of March, 2015. City Commission of the City of Sanford, Florida • � yF �G '�dF;�,, µ„km > ".� Ordinance 4335 Page No. 3 W 1ST ST 9 W Z H /ate V z Q EXHIBIT "A" �on a ❑ EASEMENT VACATE REQUEST DI W 2ND ST >4 M W 3RD ST N a PARCEL NO. PROPERTY OWNER PROPERTY ADDRESS ZONING ACRES Q 1 25- 19 -30- 503 - 0000 -0010 DISCOUNTAUTO PARTS LLC 1315 W 1ST ST GC -2 1.67 2 25- 19 -30- 503 - 0000 -0180 CITY OF SANFORD VACANT W 1ST ST GC -2 0.05 3 25- 19 -30- 503 -0000 -0190 FRANCISCO & GLORIAAVILES 1315 W 1ST ST GC -2 0.70 SKETCH OF DESCRIPTION PROJECT: ADVANCE AUTO PARTS PURPOSE: VACATE UTILITY EASEMENT THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEET 2 DESCRIPTION: S IT'' , l o�2 VACATING A PORTION OF UTILITY EASEMENT AS RECORDED IN CITY ORDINANCE No. 3064 IN OFFICIAL RECORDS BOOK 2313, PAGE 1870, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING A PORTION OF GRACELINE COURT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 99, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 32, GRACELINE COURT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 99, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN N00'28'04 "W ALONG THE WEST LINE OF SAID LOT 32 AND THE NORTHERLY EXTENSION, ALSO BEING THE EAST RIGHT OF WAY LINE OF MANGOUSTINE AVENUE, A DISTANCE OF 181.60 FEET; THENCE RUN N89'3956 "E, A DISTANCE OF 8.49 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N89'39'56 "E, A DISTANCE OF 213.49 FEET, THENCE RUN S38'54'19 "W, A DISTANCE OF 22.30 FEET; THENCE RUN N89'50'11 "W, A DISTANCE OF 178.52 FEET; THENCE RUN N53'20'06 "W, A DISTANCE OF 26.12 FEET TO THE POINT OF BEGINNING. CONTAINING 3,231 SQUARE FEET, OR 0.074 ACRES, MORE OR LESS. SURVEYORS NOTES 1. Bearings based on the center line of 2nd Street as being S89'39'56 "W. 2. 1 hereby certify that the "Sketch of Description" of the above described property is true and correct to the best of my knowledge and belief as recently drawn under my direction and that it meets the Standard of Practice for Land Surveying CH 5J- 17.051 requirements. 3. Not valid without the signature and raised seal of a Florida Licensed Surveyor and Mapper. J/AMES R. SHANNON JR/ // P S. #4671 NOT VAUD VATHOUT THE SIGNATUI2 AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER LINE TABLE LINE I BEARING LENGTH L1 N89'3956 "E 8.49' L2 S38'54'19 "W 22.30' L3 N53'20'06' W 26.12' SHANNON SURVEYING, INC. 499 NORTH S.R. 434 - SUITE 2155 ALTAMONTE SPRINGS, FLORIDA, 32714 (407) 774 -8372 LB # 6898 DATE OF SURVEY. 12/05/2014 DRAWN BY' BP SCALE' 1" = 60' PB3- PG99- MANGOUSTINE SKETCH SHEET 1 OF 2 SKETCH OF DESCRIPTION PROJECT: ADVANCE AUTO PARTS PURPOSE: VACATE UTILITY EASEMENT THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEET 1 11 pa W Z U) 0 0 0 Z STATE ROAD 461 FIRST STREET S89 56'48'E 340.01' S89*39'56*111 (BASIS OF BEARING) 1-ND --CL STREET N LOT 18 CD C4 O O DATE OF SURVEY. 12/05 {2014 SHANNON SURVEYING, INC. DRAWN BY; 13P SCALE' 1* = 60' 499 NORTH S.R. 434 - SUITE 2155 ALTAMONTE SPRINGS, FLORIDA, 32714 PB3-PG99-MANGOUSnNE SKETCH (407) 774-8372 LB # 6898 SHEET 2 OF 2