4421 Vacate alley Ginderville HeightsOrdinance No. 2017-4421' „
An ordinance of the City of Sanford, Florida vacating and abandoning
an east -west alley which is 16 feet in width and located` north of
Highway and south of Northway right-of-ways, west of Cypress
Avenue and east of Sanford Avenue platted as part of Gindervillle
-• Heights; providing for legislative findings and intent; providing for
attachments and incorporation of exhibits; providing for the taking of
implementing administrative actions; providing for an easement;
proving for any further improvements and existing improvements
within the alley; providing for conflicts; 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,
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Florida, to vacate an east -west alley which is 16 feet in width and generally located north
of Highway and south of Northway right-of-ways, west of Cypress Avenue and east of
Sanford Avenue; and
Whereas, this unimproved, unused and unnecessary east west alley was platted
as part of Ginderville Heights as recorded in Plat Book 4, Page 42 of the Public Records
of Seminole County as depicted upon Exhibits "A" which exhibit hereto are attached and
made a part hereof bythis reference; and
Whereas, the City Commission finds that the vacating of said right-of-way portion
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
controlling law have been met.
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
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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
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vacation of the right-of-way as set forth herein.
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(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 rig ht-of-waylimplementi ng actions.
(a). That east west alley which is 16 feet in width and lying north of Highway and
south of Northway right-of-ways, west of Cypress Avenue and east of Sanford Avenue as
platted as part of Ginderville Heights, as recorded in Plat Book 4, Page 42 of the Public
Records of Seminole County and as shown on Exhibit "A", is hereby vacated subject to
the conditions set forth in this Section.
(b). A Utility Services Easement will be reserved over the entire vacated alley
portion and shall be granted to the City in a form acceptable to the City Attorney for
possible future City utility needs as determined by the City.
(c). No further building encroachments will be allowed in the vacated alley,
unless approved by the City after other adjacent property is assembled and/or the
property owner has made any required utility adjustments or arrangements for impacted
or future City services or needs. This provision shall be incorporated into the
aforementioned utility easement.
(d). The owner shall move, or cause to have move, as required by the City, any
structure or other improvements within the vacated right of way for any required City
services improvements or required maintenance activity within the vacated alley
acceptable by the City.
Ordinance No. 2017-4421
Page No. 2
(e). 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 this Ordinance as required to perfect title to the subject property of the vacated
right-of-way portion. 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.
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.
Ordinance No. 2017-4421
Page No. 3
Passed and adopted this 9t" day of October, 2017.
1'; City Commission
Sanford, Florida
_ & a
c ''✓ p�ro"d r� d"^�� F'
illiam L. Colbert, City Attorney
of the City of
Ordinance No. 2017-4421
Page No. 4
Attest.
N pp
Cynthia Porter, City Clerl
Approved as to form'
and legal sufficiency.
1'; City Commission
Sanford, Florida
_ & a
c ''✓ p�ro"d r� d"^�� F'
illiam L. Colbert, City Attorney
of the City of
Ordinance No. 2017-4421
Page No. 4
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EXHIBIT "A"
DI
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Q
HIGHW Y Z,D
Q
PARCEL NO.
PROPERTY OWNER
PROPERTY ADDRESS
ACRES
1
18-20-31-501-0000-0370
SARA SCOTT (APPLICANT)
3851 SANFORD AVE
0.44
2
18-20-31-501-0000-0430
CURBSIDE INV. PARTNERS LLC
3808 CYPRESS AVE
0.23
3
18-20-31-501-0000-0110
STONESTREET INV. LLC
3806 CYPRESS AVE
0.25
4
18-20-31-501-0000-0040
NELSON & CAROL SCOTT
3807 SANFORD AVE
0.44