4483 Vacate easements: 601 E. 25th Place�4
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GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN#2019006166 Bk:9284 Page:1001-1006 (6F
REC: 01/1712019 9:07:58 AM by hdevore
RECORDING FEES $52.50
Ordinance No. 2018-4483
An ordinance of the City of Sanford, Florida vacating and abandoning
three public easements which are generally located at 601 E. 25th
Place more specifically located within Blocks 6, 8 and 9 according to
the plat of PALM TERRACE thereof as recorded in Plat Book 4, pages
82 and 83 of the Public Records of Seminole County, Florida;
providing for legislative findings and intent; providing for
attachments and 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 effective date.
Whereas, an application was filed with the City Commission of the City of Sanford,
Florida, to vacate two (14') fourteen feet wide and one (7') seven feet wide public
easements which are generally located at 601 E. 25th within Blocks 6, 8 and 9; and
Whereas, these easements are unimproved, unused and unnecessary and were
platted or reserved as part of Blocks 6, 8 and 9 therein or upon, according to the plat of
PALM TERRACE thereof as recorded in Plat Book 4, pages 82 and 83 of the Public
Records of Seminole County, Florida and the area described as depicted upon Exhibit "A"
which exhibit hereto are attached and made a part hereof by this reference; and
Whereas, the City Commission finds that the vacating any and all City or public
easements of said Platted portion of Blocks 6, 8 and 9 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 ant and all City or public easements 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 any and all City or public easements/implementing
actions.
(a). Vacate two (14') fourteen feet wide and one (7') seven feet wide public
easements which are generally located at 601 E. 26th Place more particularly described
within Blocks 6, 8 and 9 according to the plat of PALM TERRACE thereof as recorded in
Plat Book 4, pages 82 and 83 of the Public Records of Seminole County, Florida 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 easements although the City
does not warrant or guarantee title and title to the vacated property shall vest in
accordance with controlling law.
(b). The City Manager, or designee, is hereby authorized to execute the
documents necessary to implement the action taken herein to include but not be limited
to, any actions relating to agreements and transaction with the Seminole County School
District.
Ordinance No. 2018-4483
Page No. 2
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 14th day of January 2019.
Attest:
Traci Houchin, City Clerk
Approved as to form
and legal sufficiency
City Commission of the City of
Sanford, Florida
Ordinance No. 2018-4483
Page No. 3
E 25TH PL
EASEMENT VACATE
REQUEST
EXHIBIT "A"
2.
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1111
EASEMENT VACATE
REQUEST
EASEMENT VACATE
REQUEST
LEMON Sr
VVYLLY AV
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PARCEL NO. PROPERTY OWNER PROPERTY ADDRESS ZONING ACRES
a.
1 06-20-31-502-0600-0010 CITY OF SANFORD 601 E. 25TH PL SR -1 4.90
2 06-20-31-502-0800-0010 CITY OF SANFORD VACANT SR -1 5.51
3 06-20-31-502-0900-0170 CITY OF SANFORD VACANT SR -1 2.68
WS RM X
S•..,CITY OF Item No.AW
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FLORIDA
CITY COMMISSION MEMORANDUM 19.002
JANUARY 14, 2019 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Owen Christopher Smith, P oject Planner
Traci Houchin, City Clem
SUBMITTED BY: Norton N. Bonaparte Jr., City Manage
SUBJECT: Vacation of Public Easements; 601 E. 25th lace
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Requesting to vacate (3) three easements which are generally located at 601 E. 25th Place in order
to perfect certain obligations and terms of the Seminole County School Board and City Land
Exchange Agreement is requested.
FISCAL/STAFFING STATEMENT:
There is no fiscal impact associated with this item other than staff time to process the necessary
paperwork for the easement vacation and recording fees.
BACKGROUND:
Staff is requesting to vacate two (14') fourteen feet wide and one (7') seven foot wide public utility
easements located at 601 E. 25th Place. The subject property is more specifically located within
Blocks 6, 8 and 9 and the portions of and within the existing vacated Princeton and Yale avenues
within those Blocks according to the plat of PALM TERRACE thereof as recorded in Plat Book 4,
pages 82 and 83 of the Public Records of Seminole County, Florida. These easements are
identified on Exhibit `A' and are public easements within the area further described in the
proposed Ordinance as being located within or upon Block 6, lots 1-30; and Block 8, Lots 1-30;
and along the East 7' (feet) wide portion of Lots 16-32.
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 October 2 and 30, 2018, and had no objection to the vacation of
these unused and/or unneeded City or Public utility easements and 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 November 18, 2018 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:
No objection.
AT&T
No objection.
Florida Gas Trans. Co.
No objection.
LEGAL REVIEW:
The City attorney has reviewed and prepared Ordinance No. 4483.
On December 10, 2018, the City Commission approved the first reading of Ordinance No. 4483.
The City Clerk published notice of the public hearing in the Sanford Herald on January 2, 2019.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 4483, to vacate two (14')
fourteen feet wide and one (7') seven feet wide public easements generally located at 601 E. 25th
Place more specifically within Blocks 6, 8 and 9 within those Blocks according to the plat of
PALM TERRACE thereof as recorded in Plat Book 4, pages 82 and 83 of the Public Records of
Seminole County, Florida.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4483."
Attachments: (1). Ordinance No. 4483.
(2). Exhibit `A', General Map of Location.