4521 Vacated utility easemt at 305 Live Oak Blvd.CLERK OF CIRCUIT COURT &COMPTROLLER
' CFN# 2019104316 Bk:9443 Page:1755-1761 (713gs)
REC: 09/25/2019 2:36:01 PM by jeckenroth
RECORDING FEES $61.00
Ordinance No. 2019-4521
An ordinance of the City of Sanford, Florida vacating and abandoning
a portion of a 10' foot wide rear drainage and utility easement
generally located at 305 Live Oak Boulevard upon Lot 98 platted as
part of Hidden Lake Phase 111, Unit I as recorded in Plat Book 27, Page
46 of the Public Records of Seminole County; providing for drainage
requirements; proving 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 a portion of a10' foot wide rear drainage and utility easement upon Lot
98 and generally located at 305 Live Oak Boulevard; and
Whereas, this 10' wide rear drainage and utility easement was platted as part of
Hidden Lake Subdivision Phase III, Unit I as recorded in Plat Book 27, Page 46 of the
Public Records of Seminole County as depicted upon Exhibits "A" and "B" which exhibits
hereto are attached and made a part hereof by this reference; and
Whereas, the City Commission finds that the vacating of said portion of a utility
easement 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 portion of a utility easment as set forth herein.
(b). The City of Sanford has complied with all requirements and procedures of
€- 8
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 easement portion/implementing actions.
(a). A portion of a 10' wide rear drainage and utility easement upon Lot 98 and
generally located at 305 Live Oak Boulevard Street and platted as part Hidden Lake
Subdivision Phase III, Unit I as recorded in Plat Book 27, Page 46 of the Public Records of
Seminole County and as depicted upon Exhibits "A" and {{B", is hereby vacated.
(b). As part of the requirements to the vacate, the owner agrees to resolve and
correct any drainage issues they may arise from any encroachments or improvements
within said easement in a timely manner and indemnify the City from any and all matters
thereof.
(c). 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.
(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
Ordinance No. 2019-4521
Page No. 2
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 23rd day of September, 2019.
City Commission of the City of
Attest:
Sanford, Florida A
Traci Houchin, City Clerk
Approved as to formN
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0
A
Ordinance No. 2019-4521
Page No. 3
a
SILVER M'ppt"E TER
EXHIBIT "A"
a1
im
EASEMENT
VACATE
AREA
taIx CIR
°y► N
a
PARCEL NO. PROPERTY OWNER PROPERTY ADDRESS ZONING ACRES
a
1 11-20-30-505-0000-0980 TORRENTO, PAUL M 305 LIVE OAK BLVD SR -1 0.17
LEGAL & LEGAL DESCRIPTION OF EASEMENT AREA
SKETCH BEING A PORTION OF THE EASTERLY TEN FOOT EASEMENT OVER LOT 98, HIDDEN LAKE PHASE III, UNIT I,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 27, PAGES 44 -47, OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA.
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 98, THENCE RUNNNING ALONG THE SOUTH
LINE OF SAID LOT, S79°18'50"W, A DISTANCE OF 9.93 FEET; THENCE DEPARTING SAID LINE AND RUNNING
N10°41'10"W, A DISTANCE OF 7.50 FEET TO A POINT ON THE WEST LINE OF SAID EASEMENT; THENCE
RUNNING WITH SAID WEST LINE BEING A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 417.84 FEET
AND SUBTENDED BY A CHORD BEARING N9°22'10"W, A CHORD DISTANCE OF 4.20 FEET FOR AN ARC
DISTANCE OF 4.20 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING WITH SAID CURVE, CONCAVE
EASTERLY, HAVING A RADIUS OF 417.84 FEET AND SUBTENDED BY A CHORD BEARING N7°38'13"W, FOR A
CHORD DISTANCE OF 21.08 FEEE, FOR AN ARC DISTANCE OF 21.08 FEET TO CURVE'S END; THENCE
DEPARTING SAID CURVE AND RUNNING N88°25'45"E, FIR A DISTANCE OF 4.07 FEET; THENCE RUNNING
S7°15'50"E, FOR A DISTANCE OF 19.14 FEET; THENCE RUNNING S61°23'19"W, FOR A DISTANCE OF 4.21
FEET TO THE POINT OF BEGINNING.
LESS THAT PORTION PREVIOUSLY VACATED IN OR BOOK 3833, PAGE 0007, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA.
I
HIDDEN LAKE
LOT 99 PHASE III, UNIT III
N88°19'25"E 105.68' (M)(PB 27, PGS 50 - 51)
N88°12'25"E 105.00' (P) R I FND.5/8"IR
DELTA = 8°53'35" (P)
R = 407.84' (P)
N CHORD
S06°14'22"E 63.24'(C)
�° S05'56'1 0"E 63.11' (M)
L3 PRIOR EASEMENT VACATION
RESIDENCE19.3' PER ORB 3633 PACE 0007
t
# 305 coNc: I • ___._-1
..-
° DECK n ..'• N 0
to PROPOSED EASEMENT VACATION
POOL t
N SCREEN 5
PATIO O
° POB
0.2' END. 5/8' IR
POINT OF COMMENCEMENT
EASEMENT VACATION AREA
18' 50°W105 36' C of LOT 9B 1
S79' r.
1g'SOW 1O0 TFILINE ` POB = POINT OF BEGINNING
S79° THE OF EASEMENT VACATION
BASIS Of BEARINGS - \
L1 - 9.93' S 79°18'50" W
L2 - 7.50' N10°41'10" W
L3 - 4.07' N 88°25'45" E
L4 - 19.14'S 7°15'50' E
LOT 97 L5 - 421, S 61°23'19" w
O
z C1-R417.84'
T
A 420
C N 9°22'10"W 4.20'
1" = 30'
GRAPHIC SCALE C2 - R 417.84'
A 21.08'
0 15 30 PROVIDED FOR C N 7°38'13"W 21.08'
PAULTORRENTO
ADDRESS
305 LIVE OAK BOULEVARD
LEGEND SANFORD, FLORIDA 32773.
A/C -Air Conditioner P -PlatSURVEYOR'S CERTIFICATE
CCalculated PB - Plat Bookq - Centerline PC - Point of CurvatureCB - Concrete Block pi • Point of IntersectionI HEREBY CERTIFY THAT THIS LEGAL DESCRIPRION AND SKETCH WAS MADE UNDER
CM - Concrete Monument POB • Point of BeginningMY RESPONSIBLE CHARGE AND TO THE BEST OF MY KNOWLEDGE AND BELIEF SAID
CONC - Concrete POC - Point of CommencemenSURVEY MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA
COV - Covered LP - Light PoleBOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5.1•17 FLORIDA
D - Description PRC • Point of Reverse Curvature ADMINISTRATIVE CODE. FURTHER. THIS DOCUMENT IS ELECTRONICALLY SIGNED AND
DE - Drainage Easement PRM - Permanent Reference SEALED PURSUANT TO SECTION 472.027 OF THE FLORIDA STATUTES AND CHAPTER
DUE - Drainage 8 Utility Esmt R - RadiusMonument 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE.
D/W -Driveway -Radial
ESMT -Easement RAD AD - Rebar&Cap
NOTASURVEY
FEE - Finished Floor Elevation RFD - Roofed
FND -Found UEUtility Easement DATE SIGNED: 07/26/19
IF -Iron Pipe WM - Water Meter
L - Length (Arc) A -Della (Cenfiat Angle) _
M - Measured _o_ _ Woad[ PVC Fence
N&D -Nail B Disk .o. -Chain Link Fence
NR - Non-Radial SURVEYOR'S NAME: BILL H. HYATT LS4636
CHU - Overhead Utility Line IV • Irrigation Valve
ORB- OfficialRecordsBook PE -Pool Equipment DEAL LAND SURVEYING, LLC LB 8121
I.f_ WS RM X
CITY OF
� Item No. 9_C
SkNFORD
FLORIDA
CITY COMMISSION MEMORANDUM 19-211
SEPTEMBER 23, 2019 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Owen Christopher Smith, Project Planne.
SUBMITTED BY: Norton N. Bonaparte Jr., City Manag
SUBJECT: Ordinance No. 2019-4521; Vacation of portion of a Drainage and Utility
Easement located at 305 Live Oak B; evard.
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
® Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A petition to vacate a portion of a drainage and utility easement located at 305 Live Oak Boulevard
has been received. The petitioner and owner of the property is Paul Torrento.
F"ISCALISTAFFING STATEMENT:
There is no fiscal impact associated with this item.
BACKGROUND:
The petition is to vacate a small portion of an existing 10 foot wide rear lot drainage and utility
easement located at 305 Live Oak Boulevard. The easement is running north south with no
apparent utilities and is mainly used for drainage purposes. The easement portion to be vacated is
approximately 10 feet in size (see Exhibit `A' and `B' of the proposed Ordinance). The 10 foot
wide rear drainage and utility easement was platted as part of Hidden Lake Phase III, Unit I as
recorded in Plat Book 27, Page 46 of the Public Records of Seminole County. The applicant and
owner request this action to eliminate existing minor pool deck encumbrance and allow for the
addition of a pool screen enclosure improvement within the easement. As part of the requirements
of the ordinance for this vacate, the owner will ensure the existing drainage will not be impacted
resolving any drainage issues in a timely manner thereof from any encroachments and indemnify
the City.
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 August 6, 2019, and had no objection for the portion of the drainage
utility easement to be vacated.
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 September 6, 2019 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.
On September 9, 2019 the City Commission approved the first reading of Ordinance No. 2019-
4521.
The City Clerk published notice of the second public hearing in the Sanford Herald on September
22, 2019.
LEGAL REVIEW:
The City attorney has prepared Ordinance No. 2019-4521 and has reviewed this request and has no
legal objection to this matter.
RECOMMENDATION:
The DRT and City staff recommends that the City Commission adopt Ordinance No. 2019-4521,
to vacate a portion of a 10 foot wide rear drainage and utility easement generally located at 305
Live Oak Boulevard.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2019-4521."
Attachment: Ordinance No. 2019-4521.
Exhibit `A', General Map of Location
Exhibit `B', Sketch and Description for easement vacate portion