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CLERK OF CIRCUIT COURT c< t:C1i'4F`TROLLER
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CLERK'S 0 2018022517
RECORDED 10'471"15 AN
Ordinance No. 2018-4439 tE:f: CO;RLDED FEES BY yore iJ
An ordinance of the City of Sanford, Florida vacating and abandoning
an east -west alley which is 14 feet in width and located north of S.R.
46 and south of West Commercial Street, west of U.S. 17-92 (North
French Avenue) and east of North Maple Avenue platted as part of
E.R. Traffords Map of the City of Sanford; providing for legislative
findings and intent; providing for attachments and incorporation of
exhibits; providing for the taking of implementing administrative
actions; providing for a city services easement; providing for an
ingress/egress 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,
Florida, to vacate an east -west alley which is 14 feet in width and generally located north
of State Road 46 and south of West Commercial Street, west of U.S. Highway 17-92
(North French Avenue) and east of North Maple Avenue; and
Whereas, this unimproved, unused and unnecessary east west alley was platted
as part of the Plat of E.R. Traffords Map of the City of Sanford as recorded in Plat Book 1,
Pages'56-64 of the Public' Records of Seminole County as depicted upon Exhibits "A"
which exhibit hereto are attached and made a part hereof by this 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
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 east west alley which is 14 feet in width and lying north of State Road
46 and south of West Commercial Street, west of U.S. Highway 17-92 (North French
Avenue) and east of North Maple Avenue as platted as part of E.R. Traffords Map of the
City of Sanford as recorded in Plat Book 1, Pages 56-64 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 in language approved by the City Attorney.
(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. 2018-4439
Page No. 2
(e). A ingress/egress easement upon the north 7.0' of the west 49.6' feet of the
14 feet wide vacated alley shall be granted to Lot 6, Tier 9 of E.R. Traffords Map of the
City of Sanford, According to the plat thereof as recorded in Plat Book 1, Pages 56-64, of
the Public Records of Seminole County in a form acceptable to the City Attorney by
separate instrument prior to the recordation of this ordinance.
,(f). The City Manager, or designee, is hereby authorized to execute the
documents necessary to implement the action taken herein upon removal by the City
Attorney.
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.
Ordinance No. 2018-4439
Page No. 3
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 12th day of February, 2018.
City Commission of the City of
Sanford, Florida
Approved as to form
and legal sufficiency.
William L. Colbert, City Attorney
Ordinance No. 2018-4439
Page No. 4
FULTON ST
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W 2ND ST
EXHIBIT "A"
ALLEY VACATE
REQUEST
COMMERCIAL ST
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W IST ST
qt PARCEL NO. PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING ACRES
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COUNTY I CITY
1
25-19-30-5AG-0209-0010
F& R ENTERPRISES LLC
110 N. FRENCH AV
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GC -2
0.59
2
25-19-30-5AG-0209-0060
VISHMA HALL
616 W. 1ST ST
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GC -2
0.12
3
25-19-30-5AG-0209-0070
7 -ELEVEN INC
100 N. FRENCH AV
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GC -2
0.47
WS RM X
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S��FORD Item No.g !—
FLORIDA
CITY COMMISSION MEMORANDUM 18 - 031
FEBRUARY 12, 2018 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Cynthia Porter, City Clerk
Christopher Smith, Project Planner
SUBMITTED BY: Norton N. Bonaparte Jr., City Manag
SUBJECT: Vacation of an Alley located at 110 Fre Avenue
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
® Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Ordinance No. 4439, to vacate a 14' wide east -west alley generally located at 110 French Avenue,
is being submitted for second reading and adoption.
The petitioner is Lance Cooper of Wolverton Inc., who is the property developer and an authorized
agent of the owners of both affected parcels owned by F&R Enterprises, Inc. and 7 -Eleven Inc.
FISCALISTAFFING 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 petition is to vacate a 14 feet wide east -west alley located south of west Commercial Street
and north of State Road 46 and between Maple Avenue and U.S. 17-92 (French Avenue) and is
generally located at 110 French Avenue (see Exhibit "A" to the proposed Ordinance). The alley is
14 feet wide and is unimproved with known utilities. The right-of-way was platted as part of the
Plat of E.R. Traffords Map of the City of Sanford as recorded in Plat Book 1, Page(s) 56-64 of the
Public Records of Seminole County. The applicant requests this action to allow for future
devolvement of both adjacent parcels.
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 November 7, 2017, and had no objection to the vacation as long as
certain conditions were included in the vacate implementing actions which include that a City
Utility Services easement be placed over the entire portion of the vacated alley. No building
encroachments would be allowed unless certain future utility relocations are made by the
developer. As a condition of the abutting property owner of lot 6, Vishma Hall, there shall be an
ingress/egress easement upon the north 7.0' of the west 49.6' feet of the 14 feet wide alley granted
to lot 6, Tier 9 of E.R. Traffords Map of the City of Sanford, According to the plat thereof as
recorded in Plat Book 1, Pages (56-64), of the Public Records of Seminole County, Florida, in a
form acceptable to the City by separate instrument prior to the recordation of this ordinance.
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 20, 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:
Florida Public Utilities:
Duke Energy of Florida
Spectrum Networks:
City Utility Department:
City Public Works:
AT&T
Florida Gas Trans. Co.
No objection as long as easement is provided.
No objection.
No objection.
No objection.
No objection as long as easement is provided.
No objection.
No objection as long as easement is provided.
No objection.
The City Commission approved the first reading of Ordinance,No. 4439 on January'�2, 2018.
The City Clerk published notice of the public hearing in the Sanford Herald on January 28, 2018.
LEGAL REVIEW:
Assistance has been provided and this matter has been reviewed by the office of the City Attorney;
there is no legal objection expressed to this matter.
RECOMMENDATION:
It is the recommendation of the DRT and Staff that the City Commission adopt Ordinance No.
4439, to vacate a 14' wide east -west alley generally located at 110 French Avenue, with the above
stated conditions.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4439, with the condition that an ingress/egress easement is
provided."
Attachments: Ordinance No. 4439
Exhibit `A', General Map of Location