4395 vacate drainage esmt Fage 1 of 1
GRANT MALOYP SEMINOLE COUNTY
CLERK, OF CIRCUIT COURT & COMPTROLLER
BK. 8848 Pss 766-770 t5Pss7
CLERK's ? 2017007730
RECORDED 01/23/2017 01:18:09 PH
RECORDING FEES $44.00
Ordinance No. 4395 RECORDED BY hdevore
^- An ordinance of the City of Sanford, Florida vacating and
abandoning a north-south drainage easement which is 10' in
width, within Rand Yard Commerce Center situated between
Lots 4& 5, located at 3854&3866 Caboose Place, as recorded
at Plat Book 74, Page(s)94 through 96 of the Public Records of
Seminole County, Florida (Tax Parcel Identification Number(s)
21-19-30-5SW-0000-0040 and 21-19-30-5SW-0000-0050);
providing for the taking of implementing administrative
actions; providing for legislative findings and intent; repealing
M all conflicting ordinances; providing for severability; providing
w for non-codification and providing for an effective date.
w Whereas, an application was filed with the City Commission of the City of
Sanford, Florida, to vacate and abandon a north-south drainage easement which
is 10' in width within Rand Yard Commerce Center situated between Lots 4 & 5;
and
Whereas, the platted land and lots are located at 3854 & 3866 Caboose
aPlace, as recorded at Plat Book 74, Page(s) 94 through 96 of the Public Records
of Seminole County, Florida; and
z
Whereas,the platted lands and lots are assigned Tax Parcel Identification
z3 Number(s) 21-19-30-5SW-0000-0040 and 21-19-30-5SW-0000-0050 by the
0 Seminole County Property Appraiser; and
oWhereas, the platted lands and lots are more specifically described in
Exhibit "A",to this Ordinance which exhibits are incorporated into this Ordinance
v by this reference thereto as if fully set forth herein verbatim; and
U 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
v were accepted by the City and that the City has and maintains jurisdictional and
o 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.
v Now, therefore, be it enacted by the People of the City of Sanford,
A Florida:
tg Ordinance No.4395
a
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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 north-south
drainage easement which is 10' in width, within Rand Yard Commerce Center
situated between Lots 4 & 5, located at 3854 & 3866 Caboose Place, as
recorded at Plat Book 74, Page(s) 94 through 96 of the Public Records of
Seminole County, Florida (Tax Parcel Identification Number(s) 21-19-30-5SW-
0000-0040 and 21-19-30-5SW-0000-0050 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 4395
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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 9th day of January, 2017.
City Commission of the City of
Sanford, Florida
Attest
� t4 ,
Cynthia Porter, City Clerk
Approved as to form and legal v= ' t \ W. «
sufficiency. 1'
«// �i` i� 'fit.$►
William L. Colbert City Attorney
Ordinance 4395
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EXHIBIT'A'
SKETM OF
ALL THAT CERTAIN 10.00' DRAINAGE EASEMENT COMPRISING THE EASTERLY 5.00 FEET OF LOT 4 AND THE
WESTERLY 5.00 FEET OF LOT 5, RAND YARD COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 74, PAGES 94 THROUGH 96, IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LESS AND
EXCEPT THE THE NORTHERLY 15.00 FEET THEREOF AND THE SOUTHERLY 10.00 FEET LYING NORTHERLY AND
PARALLEL TO THE NORTHERLY RIGHT OF WAY LINE OF CABOOSE PLACE.
CONTAINING 2,016 SQUARE FEET, MORE OR LESS.
a I \NT c°��'• �SCALE
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_ N I T
07
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rT aLOT 4 LOTS 4 AND 5
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SON /~ JeP 5 LOTS / \
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_SURVEYOR NOTES:
1.BE*JW~s ARE aASED ON CDOEMM THIS IS NOT A BOUNDARY SURVEY SHEET 1 OF 1
OF CABOOSE PLACE.AS BOW JOB NUNtiffi 1610.M
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EXHIBIT"B"
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EASEMENT VACATE
REQUEST
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CHURCH ST
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MAP PARCEL NO. PROPERTY OWNER PROPERTY ADDRESS ACRES
1 21-19-30-5SW 0000-0040 BOLDER PROPERTIES LLC 3866 CABOOSE PL 0.99
2 21-19-30-5SW 0000-0050 BOLDER PROPERTIES LLC 3854 CABOOSE PL 0.62
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