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Ordinance No. 2015-4359 ,j- - H -j 0 A. I-
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An ordinance of the City of Sanford, Florida vacating
a thirty-foot (30') wide portion of Dr. Martin Luther KAVEM31 IIIII IIIII IIIIII I
(Bevier Road) right-of-way located along Dr. Martin Luther King Jr.
Boulevard, (Bevier Road) and south of State Road 46 (West 1St Street)
part of M.M. Smith's Subdivision Sanford, Sanford, Florida as
recorded in Plat Book 1, Page 55 of the Public Records of Seminole
County and which is generally located at 2901 W. 1st Street; reserving
a utility easement over the vacated right-of-way; providing for
legislative findings and intent; providing for attachment and
incorporation of exhibit; providing for the taking of implementing
administrative actions; providing for conflicting ordinances;
Cq 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 a portion of Dr. Martin Luther King Jr. Boulevard (Bevier Road)
right-of-way thirty-feet (30') in width located south of State Road 46; and
Whereas, the unimproved, unused and unnecessary north-south right-of-way
portion of Dr. Martin Luther King Jr. Boulevard, (Bevier Road) was platted as part of M.M.
Smith's Subdivision as recorded in Plat Book 1, Page 55 of the Public Records of
Seminole County and is generally located at 2901 West First Street and as depicted in
o Exhibit "A"which Exhibit is 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
U vacating of said right-of-way will not operate to the detriment of the City or the public
U provided that a utility easement is reserved and obtained over the area of the vacated
right-of-way as set forth herein; and
a
Whereas, the City Commission of the City of Sanford, Florida further finds that all
E
0 other conditions required by controlling law have been met.
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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 portion of Dr. Martin Luther King Jr. Boulevard (Bevier Road) right-of-way
thirty-feet (30') in width which is located south of State Road 46 and is generally located
at 2901 West First Street and as depicted in Exhibit "A" is hereby vacated subject to a
utility easement being reserved over the entirety of the vacated right of way which
easement is hereby reserved for use by, and permitting of use by, the City for any and all
public utilities and services and facilities relating thereto.
(b). The City Manager, or designee, is hereby authorized to execute the
documents necessary to implement the action taken herein.
(c). The City Attorney is granted authority to approve the form of the utility
easement as prescribed herein.
Ordinance No. 2015-4359
Page No. 2
Section 3. Recordation.
(a). 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.
(b). All costs of recording shall be paid by the applicant upon the City requesting
payment of such costs.
(c). A utility easement is reserved over the entirety of the vacated right of way
which easement is hereby reserved for use by, and permitting of use by, the City for any
and all public utilities and services and facilities relating thereto.
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 and the
Ordinance No. 2015-4359
Page No. 3
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.
Passed and adopted this 11th day of January, 2016.
Commission f the City of
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an,ford, Florida
Attest:
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Approved as to form
and legal sufficiency.
61 aligam L Ci ey
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Page No. 3
EXHIBIT "A"
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VACATE REQUEST
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1 26-19-30-5AE-4900-0000 TRANSIT PROPERTIES LLC W 1ST ST RI-1 6.57
2 26-19-30-5AE-5000-0000 THOMAS B BALL 111 LLLP MLK JR BLVD AG 3.22
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Item No
—1877
CITY COMMISSION MEMORANDUM 16.002
JANUARY 11, 2016 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Cynthia Porter, City Clerk
SUBMITTED BY: Norton N. Bonaparte Jr., CitA4anager
SUBJECT: Vacation of a portion of Dr. Martin Lut r King Jr. Boulevard, (Bevier
Road) located at 2901 W. 1 st Street
STRATEGIC PRIORITIES:
❑ Unify Downtown&the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
® Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Ordinance No. 4359, to vacate a portion of Dr. Martin Luther King Jr. Boulevard, (Bevier Road)
located at 2901 W. 1St Street, is being presented for second reading and adoption.
F iSCALISTAFFING STATEMENT:
There is no fiscal impact associated with this item other than staff time to process the necessary
paperwork for the right-of-way vacation and recording.
BACKGROUND:
The petition is to vacate a portion of un-used and un-necessary right-of-way of Dr. Martin Luther
King Jr. Boulevard, (Bevier Road), which is 30 feet in width and is located along the east side of
Dr. Martin Luther King Jr. Boulevard, (Bevier Road) and south of State Road 46. It is generally
located at 2901 West First Street. (See Exhibit "A" to the proposed Ordinance.) The right-of-way
was platted as part of M.M. Smith's Subdivision, Sanford, Florida as recorded in Plat Book 1, Page
55 of the Public Records of Seminole County. The applicants, Kevin M. Wydra and Rob Strong
represent the Owner, Transit Properties, LLC., request this action to better redevelop the adjacent
property. The City will reserve and retain a utility easement over the entire vacated area.
Pursuant to Section 6.19 of the Sanford Land Development Regulations, rights-of-way and
easements may be vacated by the City Commission after conducting a public hearing considering
the recommendations of the Development Review Team in regard to the possible effect of the
proposal on the City in general, the immediate neighborhood and individuals near the specific
right-of-way or premises in question.
The Development Review Team heard the matter on November 10, 2015 and had no objection to
the vacate subject to a public easement over and under the entire subject property acceptable to the
City.
The City Clerk sent letters to the area utility providers requesting information regarding utilities
and a recommendation regarding the request to vacate. All utility providers were given a "no
response date" of December 3, 2015 at which time the City considers the no-response as indication
that "no utilities within the vacate request area exist" and therefore, "no objection" is expressed to
the requested vacate.
Florida Power and Light: No objection if an easement is provided over the area.
Florida Public Utilities: No objection.
Duke Energy of Florida Not in service area.
Bright House Networks: No objection.
City Utility Department: No objection if an easement is provided over the area.
City Public Works: No objection.
AT&T No objection.
Florida Gas Trans. Co. No objection.
The City Commission approved the first reading of Ordinance No. 4359 on December 14, 2015.
The City Clerk advertised notice of the public hearing in the Sanford Herald on December 13,
2015.
LEGAL,REVIEW:
The City Attorney provided assistance and has no legal objection to this matter.
RECOMMENDATION:
Staff recommends that the City Commission adopt Ordinance No. 4359, to vacate a portion of Dr.
Martin Luther King Jr. Boulevard (Bevier Road) located at 2901 W. l' Street, subject to a public
easement over and under the entire subject property acceptable to the City.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4359."
Attachments: Ordinance No. 4359
Exhibit `A', Map of Description
Exhibit `B', Right-of-way Portion survey