4520 Vacate portion Elm Ave r/w, 401 W. 13th St.GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2019104315 Bk:9443 Page:1747-1754 (8Pgs)
REC: 09/25/2019 2:36:01 PM by jeckenroth
RECORDING FEES $69.50
Ordinance No. 2019-4520
An ordinance of the City of Sanford, Florida vacating and abandoning
a portion Elm Avenue right-of-way which is 82' in width and generally
located north of 401 West 13th Street and between 13th and 14th Street
platted as part of the Town 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 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 Elm Avenue right-of-way which is 82' in width and generally
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�a located north of 401 West 13th Street and between 13th and 14th Street; and
oWhereas, this improved north -south right-of-way portion of Elm Avenue was
as
platted as part of the Town of Sanford as recorded in Plat Book 1, Page 57 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
a
z Whereas, the City Commission finds that the vacating of said right-of-ways 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
o and City Commission agenda memorandum relating to the application and the proposed
0
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.
a,
(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-waylimplementing actions.
(a). A portion of Elm Avenue right-of-way, 82' in width and generally located at
401 West 13th Street and between 13th and 14th Street and platted as part of Town of
Sanford, as recorded in Plat Book 1, Page 57 of the Public Records of Seminole County
and as depicted upon Exhibits "A" and "B", 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. 2019-4520
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 23rd day of September, 2019.
Attest:
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k; City Clerk Traci %I W VU%1 ", Y %-- I _*V__1 rl
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Approved as to form
and legal sufficiency.
iam L. Colbert, Ci
I"Odj m5- /J,
City Commission
Sanford, Floridaj
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Ordinance No. 2019-4520
Page No. 3
of the City of
EXHIBIT "A"
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W 13TH ST
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RIGHT OF WAY
VACATE REQUEST
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W 14TH ST
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PARCEL NO. PROPERTY OWNER PROPERTY ADDRESS ACRES
1 25-19-30-5AG-1507-0010 KJM MONUMENTAL LLC 401 W 13TH ST 0.46
2 01-20-30-506-0000-00P1 CSX TRANSPORTATION INC VACANT 0.70
SKETCH OF DESCRIPTION
PROJECT NAME: ELM AVE. SANFORD I EXHIBIT 1131
PURPOSE: RIGHT-OF-WAY USE EASEMENT
THIS IS NOT A BOUNDARY SURVEY
NOT VALID WITHOUT SHEET 2
LEGAL DESCRIPTION:
THAT PART OF RIGHT OF WAY OF ELM AVENUE, BEING IN SECTION 25, TOWNSHIP 19
SOUTH, RANGE 30 EAST, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LOT 1, BLOCK 15, TRACT 7, TOWN OF SANFORD,
AS PER PLAT THEREOF RECORDED IN PLAT BOOK 1 PAGE 57, PUBLIC RECORDS OF
SEMINOLE COUNTY FLORIDA; THENCE RUN NORTH 90'00'00" EAST ALONG THE EASTERLY
EXTENSION OF THE NORTH LINE OF SAID LOT 1, ALSO BEING THE EXTENSION OF THE
SOUTH RIGHT OF WAY LINE OF W. 13TH STREET A DISTANCE OF 17.69 FEET; THENCE
RUN SOUTH 00'00'00" WEST A DISTANCE OF 205.00 FEET TO THE NORTH LINE OF THE
RAILROAD PER PLAT; THENCE RUN NORTH 66'22'45" WEST ALONG THE SAID NORTH LINE
A DISTANCE OF 19.30 FEET; THENCE RUN NORTH 00'00'00" EAST ALONG THE WEST
RIGHT OF WAY LINE OF ELM AVENUE, ALSO BEING THE EAST LINE OF SAID BLOCK 15 A
DISTANCE OF 197.26 FEET TO THE POINT OF BEGINNING.
CONTAINS 3,557 SQUARE FEET, MORE OR LESS.
SURVEYORS NOTES
Bearings based on the South Right—of—Way line of West 13th Street as being
N 90'00' 00"E.
2. 1 hereby certify that the above described property is true and correct to the best of my
knowledge and belief as recently drawn undermy direction and that it meets the Standards
of Practice for Land Surveying set forth it Florida Administrative Code Rule 5J-17.05
requirements.
3. Not valid without the signature and raised seal of a Florida Licensed Surveyor and Mapper.
sally signed
SHANNON SURVEYING, INC.
James�� _�f5 R499 NORTH S.R. 434 -SUITE 2045
ALTAMONTE SPRINGS, FLORIDA, 32714
St (407) 774-8372 LB # 6898
h a n.bnDate: 9.07.10
as+_04,0, DATE OF SURVEY: 07/10/2019
DRAWN BY: ZS SCALE: 1" = 50'
JAMES R. SHANNON, xJR; PSS. #4671 PBI—PG57—LOT1-5—SKETCH
NOT VAUD WITHOUT THE OF A FLORIDALICENSED SURVEYORR AND MIGNAL RAISED
MAPPER SEALSHEET 1 OF 2
SKETCH OF DESCRIPTION
PROJECT NAME: ELM AVE. SANFORD
PURPOSE: RIGHT-OF-WAY USE EASEMENT
THIS IS NOT A BOUNDARY SURVEY
NOT VALID WITHOUT SHEET 1
WEST 13TH STREET
POINT OF BEGINNING
NORTHEAST CORNER OF LOT 1—\
SOUTH RIGHT OF WAY OF WEST 13TH STREET IN
T7 N90'00'00" E
LOT 4 NORTH LINE OF LOT
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LOT 1
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PAGE 57
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LINE TABLE
LINE LENGTH BEARING
L1 17.69 N90'00'00"E
L2 19.30 N66'22'45"W
SHANNON SURVEYING, INC.
499 NORTH S.R. 434 - SUITE 2045
ALTAMONTE SPRINGS, FLORIDA, 32714
(407) 774-8372 LB # 6898
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DATE OF SURVEY: 07/10/2019
DRAWN BY: ZS SCALE: 1" = 50'
P81 -PG57-LOT1 -5-SKETCH
SHEET 2 OF 2
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Item No. 9_13
l
NFORD
FLORIDA
CITY COMMISSION MEMORANDUM 19-210
SEPTEMBER 23, 2019 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Owen Christopher Smith, Project Planner
SUBMITTED BY: Norton N. Bonaparte Jr., City Manager,-----''
SUBJECT: Ordinance No. 2019-4520; Vacation of a po k n of Elm Avenue located at
401 West 13"' Street.
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 Elm Avenue located at 401 West 13t" Street has been received.
The petitioner is Miguel Taveras of KJM Monumental, LLC, the owner.
FISCAL./STAFFING STATEMENT:
There is no fiscal impact associated with this item.
BACKGROUND:
The petition is to vacate a portion of Elm Avenue right-of-way, which said right-of-way is 82 feet
in width running north -south and located between 13t" and 14"' Street. It is located at 401 West
13th Street (see Exhibit `A' and `B' of the proposed Ordinance). The right-of-way is 82 feet wide
and is improved with utilities. The right-of-way was platted as part of the Town of Sanford as
recorded in Plat Book 1, Page 57 of the Public Records of Seminole County. The applicant and
owner request this action to eliminate existing private right-of-way encumbrances and allow for
additional improvements within the right-of-way.
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 Elm Avenue portion
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 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-
4520.
The City Clerk published notice of second Public Hearing in the Sanford Herald on September 22,
2019.
LEGAL REVIEW:
The City attorney has prepared Ordinance No. 2019-4520 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. 2019-4520,
to vacate a portion of Elm Avenue right-of-way generally located at 401 West 13"' Street.
SUGGESTED MOTION:
"1 move to adopt Ordinance No. 2019-4520."
Attachment: Ordinance No. 2019-4520.
Exhibit `A', General Map of Location
Exhibit `13% Sketch and Description for ROW vacate portion of Elm Avenue