4357 vacate utility easement I
M T 7
C! E R K
Ordinance No. 4357
An ordinance of the City of Sanford, Florida vacating and
abandoning a portion of a north-south utility easement which
is 10' in width, (less the north 20') within South Pinecrest First
Addition upon Lot 31, located at 790 E. Airport Boulevard, as
recorded at Plat Book 10, Page(s) 42 and 43 of the Public
Records of Seminole County, Florida (Tax Parcel Identification
Number 01-20-30-518-0000-0310); 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 a portion of a north-south utility
easement which is 10' in width (less the north 20') within South Pinecrest First
Addition upon Lot 31; and
Whereas, the platted land and lots are located at 790 E. Airport Boulevard
and is recorded at Plat Book 10, Page(s) 42 and 43 of the Public Records of
Seminole County, Florida; and
Whereas, the platted lands and lots are assigned Tax Parcel Identification
Number 01-20-30-518-0000-0310 by the Seminole County Property Appraiser;
and
o Whereas, the platted lands and lots are more specifically described in
Exhibit "A ",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 in the platted lands and lots 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 portion 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
o 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. 4357
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 the
north-south utility easement which is 10' in width (less the north 20') within South
Pinecrest First Addition upon Lot 31, located at 790 E. Airport Boulevard, as
recorded at Plat Book 10, Page(s) 42 and 43 of the Public Records of Seminole
County, Florida (Tax Parcel Identification Number 01-20-30-518-0000-0310)
being more specifically described in Exhibit "A", be and the same is hereby
vacated, and abandoned; contingent upon the applicant for this action providing
the City with such utility easement as the City may require in a form approved by
the City Attorney.
(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.
Ordinance 4357
Page No. 2
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.
Section 6. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 14th day of December, 2015.
City Commission of the City of
`
1", 4,, /,,,Sanford, Flori
Attest:
Cynt is Porter, City Clerk Jeff Triplett, o
Approved as to form and legal
sufficiency.
William L. Colbert City Attorney
Ordinance 4357
Page No. 3
EXHIBIT "A"
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SUBJECT PROPERTY CT
LOT 30
UTILITY EASEMENT
VACATE REQUEST - PORTION Q
(LESS N. 20'OF EASEMENT)
WOODLAND DR
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9.8' PROPOSED ALTERNATIVE EASEMENT
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E. AIRPORT BLVD 4
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MAP PARCEL NO. PROPERTY OWNER PROPERTY ADDRESS ACRES
1 01-20-30-518-0000-0310 ROBERTO DELGADO 790 E.AIRPORT BLVD 0.32
2 01-20-30-518-0000-0310 PABLO& LEONOR FONSECA 3010 PARKAVE 0.25
3 01-20-30-518-0000-0310 1 SANDLEWOOD CONDO OWNERS ASSN E.AIRPORT BLVD 3.60