4415 Vacate OleanderOrdinance No. 2017-4415
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An ordinance of the City of Sanford, Florida vacating and abandoning
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a portion Oleander Avenue right-of-way which is 82 feet in width and5•(,IC-4
that portion located north of West 7�h Street and south of the railroad
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right-of-ways, west of Mangoustine Avenue and east of Jessamine
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Avenue platted as part of Seminole Park subdivision; providing for
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legislative findings and intent; providing for attachments and
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incorporation of exhibits; providing for the taking of implementing
administrative actions; providing for conflicts; providing for
severability; providing for non -codification and providing for an
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effective date.
,=I ON
Whereas, an application was filed with the City Commission of the City of Sanford,
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Florida, to vacate a portion of Oleander Avenue right-of-way which is 82 feet in width and
generally located north of West 7th Street and south of the railroad right-of-ways, west of
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Mangoustine Avenue and east of Jessamine Avenue; and
Whereas, this unimproved, unused and unnecessary north south right-of-way
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portion of Oleander Avenue was platted as part of the Seminole Park subdivision as
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recorded in Plat Book 2, Page 75 of the Public Records of Seminole County as depicted
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upon Exhibits "A"' which exhibit hereto are attached and made a part hereof by this
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reference; and
Whereas, the City Commission finds that the vacating of said right-of-way portion M
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will not operate to the detriment of the City or the public; and
Whereas, the City Commission further finds that all other conditions required by
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controlling law have been met. -.1
Now, Therefore, Be It Enacted By The People Of The City Of Sanford,
Florida:
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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 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). That portion of Oleander Avenue right-of-way which is 82 feet in width and
lying north of West 7th Street and south of the railroad right-of-ways, west of Mangoustine
Avenue, east of Jessamine Avenue as platted as part of Seminole Park subdivision, as
recorded in Plat Book 2, Page 75 of the Public Records of Seminole County and as shown
on Exhibit "A", is hereby vacated.
(b). The City Manager, or designee, is hereby authorized to execute the
documents necessary to implement the action taken herein.
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 portion 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.
Section 4. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Ordinance No. 2017-4415
Page No. 2
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 28th day of August, 2017.
City Commission pf the City of
Sanford, Florida
Attest:
wer i� •,*,� fir^ �
Cynth"ffi Porter, City Clerk JeffTqplett, r
Approved as to form
and legal sufficiency.
William . Colbert, City Attorney
Ordinance No. 2017-4415
Page No. 3
EXHIBIT "A"
W. 5TH ST
RIGHT OF WAY
VACATE REQUEST
W. 6TH ST
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W. 7TH ST
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W. 8TH ST
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MAP PARCEL NO. PROPERTY OWNER PROPERTY ADDRESS ACRES
1 25-19-30-5AI-0817-0040 FRANK CARR 1416 W. 7TH ST 0.13
2 26-19-30-300-010K-0000 NAT'L RAILROAD PASSENGER CORP. - 0.26
3 26-19-30-300-010L-0000 NAT'L RAILROAD PASSENGER CORP. - 0.09
4 25-19-30-5AI-0818-0090 ROSAA. BOWDY 1502 W. 7TH ST 0.28
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Item No. —7-A
CITY COMMISSION MEMORANDUM 17 - 251
AUGUST 28, 2017 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Cynthia Porter, City Clerk Tn
Christopher Smith, Project Pl er 611140
SUBMITTED BY: Norton N. Bonaparte Jr., City Manager f Lid
SUBJECT: Vacation of Portion of Oleander Avenue located at 1416 W. 7h Street
Avenue
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
® Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Ordinance No. 4415, to vacate a portion of Oleander Avenue generally located at 1416 W. 7th
Street, is being submitted for second reading and adoption.
FISCALISTAFF'ING STATEMENT:
There is no fiscal impact associated with this item other than staff time to process the necessary
paperwork for the right-of-way vacations and recording fees.
BACKGROUND:
The petitioner is Frank Carr, adjacent owner. The petition is to vacate a portion of Oleander
Avenue right-of-way, which is 82 feet in width and runs north and south. It is located south of the
railroad rights-of-way, is west of Mangoustine Avenue and east of Jessamine Avenue, and is
generally located at 1416 W. 70' Street (see Exhibit "A" to the proposed Ordinance). This right-of-
way is unimproved, with no known utilities. The right-of-way was platted as part of the Plat of
Seminole Park as recorded in Plat Book 2, Page 75 of the Public Records of Seminole County. The
applicant and adjacent owner, Frank Carr, requests this action for development potential and
economic purposes.
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 (DRT) 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 DRT heard the matter on June 20, 2107, and had no objection to the proposed vacate.
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 June 22, 2017, 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
Florida Public Utilities:
No objection
Duke Energy of Florida:
No objection
Spectrum Networks:
No objection
City Utility Department:
No objection
City Public Works Dept.:
No objection
AT&T:
No objection
Florida Gas Trans. Co.:
No objection
The City Commission approved the first reading of Ordinance No. 4415 on August 14, 2017.
The City Clerk published notice of the public hearing in the Sanford Herald on August 16, 2017.
LEGAL REVIEW:
The City Attorney reviewed and provided assistance in this matter, prepared the proposed
ordinance, and has expressed no legal objection.
RECOMMENDATION:
The DRT and City Staff recommends that the City Commission adopt Ordinance No. 4415, to
vacate a,portion of Oleander Avenue generally located at 1416 W. 7fl` Street.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4415."
Attachments: Ordinance No. 4415
Exhibit `A', General Map of Location
Sanford Hey ald
Published Twice Weekly
Sanford, Seminole County, FL
STATE OF FLORIDA
COUNTY OF SEMINOLE
Before the undersigned authority personally appeared Scott Gabbey,
who on oath says that he is the legal advertising specialist for Sanford
Herald, a twice weekly newspaper published by Sanford Herald, LLC
at Sanford, in Seminole County, Florida, that the attached copy of the
advertisement,
being a rti r , a7%'2(ti sl
in the matter of
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in the Court,
was published ins 'd new paper in the issues of
Affiant further says that said Sanford Herald is a newspaper published
by Sanford Herald, LLC at Sanford, in said Seminole County, Florida,
and that the said newspaper has heretofore been continuously
published in said Seminole County, Florida, twice weekly and has
been entered as periodicals matter at the post office in Sanford, in said
Seminole County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and affiant
further says that he or she has neither paid nor promised any person,
firm or corporation any discount, rebate, commission or refund for the
purpose of suing this advertisement r'publi ation in the said
newspaper.
(Signature of Affiant)
Sworn to and subscribed before me this 3o
day of 20 r
(Signature of Notary Public)
Personally Known or Produced Identification
v
=o1pRr AoeGn Notary Public State cf Florida
Thomas E Vincent
o� My Commission FF 226245
9?oFflo' Expires06/12!2019
NOTICE
PROPERTY IN WHICH YOU APPEAR TO HAVE INTEREST MAY
BE AFFECTED BY THE NOTICE OF PUBLIC HEARING PUB-
LISHED IN THE SANFORD HERALD ON JULY 30, 2017, AS FOL-
LOWS:
NOTICE OF PROCEEDING FOR
VACATING
Notice is hereby given that the City Commission of the City of
Sanford, Florida, will hold a Public Hearing at 7 PM on August 14,
2017, in the City Commission Chambers, City Hall, 300 North Park
Avenue, Sanford, Florida, to consider and determine whether or not
the City will vacate a right of way generally located at 1416 W. 7th
Street, Sanford, FL 32771, further described as follows:
THAT PORTION OF OLEANDER AVENUE RIGHT-OF-WAY WHICH
IS 82 FEET IN WIDTH AND LYING NORTH OF WEST 7TH STREET
AND SOUTH OF THE RAILROAD RIGHT-OF-WAYS, WEST OF
MANGOUSTINE AVENUE, EAST OF JESSAMINE AVENUE AS
PLATTED AS PART OF SEMINOLE PARK SUBDIVISION, AS
RECORDED IN PLAT BOOK 2, PAGE 75 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY
All parties in interest and citizens shall have an opportunity to be
heard at said hearing.
By order of the City Commission of the City of Sanford, Florida.
7
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES
ACT, PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO
PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CON-
TACT THE CITY CLERK AT 407.688.5010 AT LEAST 48 HOURS IN
ADVANCE OF THE MEETING.
ADVICE TO THE PUBLIC: If a person decides to appeal a deci-
sion made with respect to any matter considered at the above
meeting or hearing, he or she may need a verbatim record of the
proceedings, the
rrecordIs t prow ded by the City of which
of S nford. (FS 286.0105)
Traci Houchin, CMC
Deputy City Clerk
Publish: July 30, 2017
G161
'Samford Herald
Published Twice Weekly
Sanford, Seminole County, FL
STATE OF FLORIDA
COUNTY OF SEMINOLE
Before the undersigned authority personally appeared Scott Gabbey,
who on oath says that he is the legal advertising specialist for Sanford
Herald, a twice weekly newspaper published by Sanford Herald, LLC
at Sanford, in Seminole County, Florida, that the attached copy of the
advertisement,
g �I.�C:�: B°
being a
—T r
in the matter of
p oe
r
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in the Court,
was published
in said newspaper in the issues of
Affiant further says that said Sanford Herald is a newspaper published
by Sanford Herald, LLC at Sanford, in said Seminole County, Florida,
and that the said newspaper has heretofore been continuously
published in said Seminole County, Florida, twice weekly and has
been entered as periodicals matter at the post office in Sanford, in said
Seminole County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and affiant
further says that he or she has neither paid nor promised any person,
firm or corporation any discount, rebate, commission or refund for the
purpose of securing this advertisemen ublication in the said
newspaper.
(Signature of Affiant) /
Sworn to and subscribed before me this 'AC%
day of , 20-0—
(Signature of Notary Public)
Personally Known or Produced Identification
REED
lic State of Florida Vincentssion FF 22624512/2019
NOTICE OF PUBLIC HEARING
REGARDING ADOPTION OF AN ORDINANCE
BY THE CITY OF SANFORD, FLORIDA
The City Commission of the City of Sanford; Florida, will hold a pub-
lic hearing at 7 PM or as soon thereafter as practicable, in the
Commission Chambers, First Floor, Sanford City Hail, 300 N. Park
Avenue, Sanford;• Florida, as follows:
• Monday, August 28, 2017 to consider the adoption of Ordinance
No. 4415, title of which is as follows:
Ordinance No. 2017-4415
An ordinance of the City of Sanford, Florida vacating and aban-
doning a portion Oleander Avenue right-of-way which Is 82 feet
In width and that portion located north of West 7th Street and
south of the railroad right-of-ways, west of Mangoustine Avenue
and east of Jessamine Avenue platted as part of Seminole Park
subdivision; providing for legislative findings and intent; pro-
viding for attachments and Incorporation of exhibits; providing
for the taking of implementing administrative actions; providing
for conflicts; providing for severability; providing for non -codi-
fication and providing for an effective date.
A copy of the Ordinance shall be available at the office of the City
Clerk for all persons desiring to examine the same.
All, parties in interest and citizens shall have an opportunity to be
heard at said hearings.
By order of the City Commission of the City of Sanford, Florida.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES
ACT, PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO
PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CON-
TACT THE CITY CLERK AT 407.688.5010 AT LEAST 48 HOURS
IN ADVANCE OF THE MEETING.
ADVICE TO THE PUBLIC: if a person decides to appeal a deci-
slon made with respect to any matter considered at the above
meeting or hearing, he or she may need a verbatim record of the
proceedings, including the testimony and evidence, which
record Is not provided by the City of Sanford. (FS 286.0105)
Traci Houchin,
Deputy City Clerk
Publish: August 16, 2017
H089
LEGIBILITY UNSAT{SFAU01109,
FOR SCANNING