4529 Vacate E 6th St adjacent to 519 Park AveGRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLE
CFN# 2019134785 Bk:9497 Page:28-35 (8Pgs
REC: 12/11/2019 10:22:05 AM by Wevore
Ordinance No. 2019-4529 RECORDING FEES $69.50
An ordinance of the City of Sanford, Florida vacating a portion of East
6th Street which is 66' feet in width and a portion of the adjacent
north -south alley generally located at 519 Park Avenue and between
Park Avenue and Magnolia Avenue and East 6th Street and E. Stn
Street platted as part of E.R. Trafford's Map 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 East 6th Street, which said right-of-way is 66' feet in width
running east -west and located between Park Avenue and Magnolia Avenue and generally
located at 519 Park Avenue and the adjacent portion of the north -south alley between
East 6th Street and East 5th Street; and
Whereas, these improved right-of-ways were platted as part of E.R. Trafford's
Map of the Town of Sanford as recorded in Plat Book 1, Pages 56 - 64 of the Public
Records of Seminole County as depicted upon Exhibits "A", and "B" the Sketch and
Description which more particularly describes the right-of-way vacate portions which was
prepared by Registered Land Surveyor, William D. Donley, LS 5381 of Dewberry and
dated 10/10/19 which all exhibits hereto are attached and made a part hereof by this
reference; and
Whereas, the City Commission finds that the vacating of said right-of-ways will not
V
C4 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.
U 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
alley vacation 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). A portion of East 6th Street, which said right-of-way is 66' feet in width
running east -west and located between Park Avenue and Magnolia Avenue and generally
located at 519 Park Avenue and the adjacent portion of the north -south alley between
East 6th Street and East 5th Street and platted as part of E.R. Trafford's Map of the Town
of Sanford as recorded in Plat Book 1, Pages 56 - 64 of the Public Records of Seminole
County and as depicted upon Exhibits "A" and "B" and the Sketch and Description dated
10/10/19 attached , are 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 alley right-of-way although
the City does not warrant or guarantee title and title to the vacated property shall vest in
accordance with controlling law.
#t5aq
Ordinance No. 2019 -X -X K
Page No. 2
(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.
Passed and adopted this 9th day of December, 2019.
Attest:
Traci Houchin, CIVIC, FCRM
City Clerk
Approved as to form
and legal sufficiency.
William L. Colbert, City Attorney
City Commission of the City of
Sanford, Florida
Ordinance No. 2019-M
Page No. 3
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RIGHT OF WAY RIGHT OF WAY
VACATE VACATE
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3 25-19-30-5AG-0803-0010 DEBORAH A. WEST
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PROPERTY ADDRESS
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LEGEND:
A POR77ON OF SIXTH STREET (66 FOOT RIGHT OF WAY) LYING SOUTH OF AND CON77G000S TO THE SOUTH LINE OF LOT 10, BLOCK
7, 77ER 3, AND A PORTION OF THAT CERTAIN PLATTED 14.00 FOOT UNNAMED ALLEY, LYING EAST OF LOTS 9 AND 10, BLOCK 7,
AER 3, E.R. 7RAFFORD'S MAP OF THE TOWN OF SANFORD, AS RECORDED IN PLAT BOOK 1, PAGE 56, OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, BEING MORE PAR77CULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 10, BLOCK 7, AER 3, E.R. 7RAFFORD'S MAP OF THE TOWN OF SANFORD, THENCE
N8948'50"E, ALONG THE SOUTH LINE OF SAID LOT 10, A DISTANCE OF 117.02 FEET TO A POINT ON THE WEST LINE OF SAID 14.00
FOOT PLATTED ALLEY; THENCE N0072'02"W, ALONG SAID WEST LINE, A DISTANCE OF 102.85 FEET; THENCE DEPAR77NG SAID WEST
LINE RUN, N89 4758E, A DISTANCE OF 1.00 FEET, THENCE S00'12'02"E, A DISTANCE OF 105.09 FEET; THENCE 58948'50"W, A
DISTANCE OF 118.02 FEET; 7HENCE N0072'02"W, A DISTANCE OF 224 FEET TO THE POINT OF BEGINNING
CONTAINING 367 SQUARE FEET OR 0.01 ACRES MORE OR LESS
SURVEY NOTES•
1. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED
ON THE WEST LINE OF LOT 10, BLOCK 7, TIER 3, E.R.
TRAFFORD'S MAP OF THE TOWN OF SANFORD, PLAT
BOOK 1, PAGE 56, AS BEING S0072'02"E.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR
RIGHTS—OF WAY, EASEMENTS, OWNERSHIP,
ADJOINERS OR OTHER INS7RUMENTS OF RECORD.
3. THIS SKETCH MEETS 7HE APPLICABLE "STANDARDS
OF PRACTICE" AS SET FOR774 BY THE FLORIDA
BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS
IN RULE 5J17.050—.052, FLORIDA ADMINIS7RA77VE
CODE.
F
NO. 5381 �^
STATE OF o
0 R' 14
f 0 L AND
f 0 10 19
WILLIAM D. DONLEY DATE
PROFESSIONAL SURVEYOR & MA ER
LICENSE NUMBER LS 5381
NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER
qui 4. THIS IS NOT A BOUNDARY SURVEY. SHEET a OF 2 (SEE SHEET 2 FOR SKETCH OF DESOWPAOIV) I
;1
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY_
UNE BREAK
PC
POINT OF CUR VATWRE
PRC
POINT OF REARSE CURVATURE
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POINT OF COMPOUND CURVAIUR
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CHANCE OF DIREC170M
A POR77ON OF SIXTH STREET (66 FOOT RIGHT OF WAY) LYING SOUTH OF AND CON77G000S TO THE SOUTH LINE OF LOT 10, BLOCK
7, 77ER 3, AND A PORTION OF THAT CERTAIN PLATTED 14.00 FOOT UNNAMED ALLEY, LYING EAST OF LOTS 9 AND 10, BLOCK 7,
AER 3, E.R. 7RAFFORD'S MAP OF THE TOWN OF SANFORD, AS RECORDED IN PLAT BOOK 1, PAGE 56, OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, BEING MORE PAR77CULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 10, BLOCK 7, AER 3, E.R. 7RAFFORD'S MAP OF THE TOWN OF SANFORD, THENCE
N8948'50"E, ALONG THE SOUTH LINE OF SAID LOT 10, A DISTANCE OF 117.02 FEET TO A POINT ON THE WEST LINE OF SAID 14.00
FOOT PLATTED ALLEY; THENCE N0072'02"W, ALONG SAID WEST LINE, A DISTANCE OF 102.85 FEET; THENCE DEPAR77NG SAID WEST
LINE RUN, N89 4758E, A DISTANCE OF 1.00 FEET, THENCE S00'12'02"E, A DISTANCE OF 105.09 FEET; THENCE 58948'50"W, A
DISTANCE OF 118.02 FEET; 7HENCE N0072'02"W, A DISTANCE OF 224 FEET TO THE POINT OF BEGINNING
CONTAINING 367 SQUARE FEET OR 0.01 ACRES MORE OR LESS
SURVEY NOTES•
1. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED
ON THE WEST LINE OF LOT 10, BLOCK 7, TIER 3, E.R.
TRAFFORD'S MAP OF THE TOWN OF SANFORD, PLAT
BOOK 1, PAGE 56, AS BEING S0072'02"E.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR
RIGHTS—OF WAY, EASEMENTS, OWNERSHIP,
ADJOINERS OR OTHER INS7RUMENTS OF RECORD.
3. THIS SKETCH MEETS 7HE APPLICABLE "STANDARDS
OF PRACTICE" AS SET FOR774 BY THE FLORIDA
BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS
IN RULE 5J17.050—.052, FLORIDA ADMINIS7RA77VE
CODE.
F
NO. 5381 �^
STATE OF o
0 R' 14
f 0 L AND
f 0 10 19
WILLIAM D. DONLEY DATE
PROFESSIONAL SURVEYOR & MA ER
LICENSE NUMBER LS 5381
NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER
qui 4. THIS IS NOT A BOUNDARY SURVEY. SHEET a OF 2 (SEE SHEET 2 FOR SKETCH OF DESOWPAOIV) I
;1
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY_
SKETCH OF DESCRIP77ON
PREPARED FOR:
—OF—
_;' Deberry
CHRIST FOR ALL
RIGHT OF WAY
INC.
PARCELIVA71ONS
131 WEST KALEY STREET
ORLANDO, FLORIDA 32806
SECTION 25, TOWNSHIP 19 SOUTH, RANGE 30 EAST
PHONE: 321.354.9826 FAX: 407.648.9104
WWW.DEWBERRY.COM
CERTIFICATE OF AUTHORIZATION NO. LB 8011
DA 10109/19 PRW 50115749
REV DAIS DRAWN BY WS
SEMINOLE COUNTY FLORIDA
I I
I ISCALE 1" = N/A CHECKED BY- WDD
0 to 20
1 INCH = 20 FEET
L2
117' (P)
61
LINE TABLE
LINE
BEARING
LENGTH
Ll
N89 4758"E
1,00'
L2
N00'12'02'w
Dewberry
1
S894850 -W 118.02'
WEST 67H STREET
(66' RIGH T- OF- WA Y PER E. R. TRAFFORDS MAP OF
THE TOWN OF SANFORD PB 1, PG 56 )
SHEET 2 OF 2 (Sff- Ma7 I FOR DEMMPTION Or MVM)
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
O
117' (P)
PREPARED FOR:
—OF—
Dewberry
BL OCK 7, TIER J, E. R.
OFIRIST FOR ALL
RIGHT OF WAY
TRAFFORD'S MAP OF
PARCEL
131 WEST KALEY STREET
THE TOWN OF SANFORD
ORLANDO, FLORIDA 32806
SECTION 25, TOWSHIP 159 SOUTH, RANGE 30 FAST
PB 1, PG 56
ILZIS
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o0
ol
DATE.• 10109A9 PRO.. 50115749
CERTIFICATE OF AUTHORIZATION No. LB 8011
REV DATE DRAW 8 Y- WS
10
I I
I I SCALE I' = 20' CHECKED BY *VD
POINT OF BEGINNING SUBJECT PARCEL
CONTAINS ±367 SQUARE FEET
SW CORNER OF LOT 10,
TIER 3, E.R. 7RAFFORDS MAP
OF THE TOWN OF SANFORO SOUTH LINE OF LOT 1
PB 1, PG 56 117' (P)
N89'48'50 "E 117.02'
13.001
S894850 -W 118.02'
WEST 67H STREET
(66' RIGH T- OF- WA Y PER E. R. TRAFFORDS MAP OF
THE TOWN OF SANFORD PB 1, PG 56 )
SHEET 2 OF 2 (Sff- Ma7 I FOR DEMMPTION Or MVM)
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
SKETCH OF DESCRIPRON
PREPARED FOR:
—OF—
Dewberry
OFIRIST FOR ALL
RIGHT OF WAY
NA 770NS INC.
PARCEL
131 WEST KALEY STREET
ORLANDO, FLORIDA 32806
SECTION 25, TOWSHIP 159 SOUTH, RANGE 30 FAST
PHONE: 321.354.9826 FAX:407.648.9104
WWW.DEWBERRY.COM
DATE.• 10109A9 PRO.. 50115749
CERTIFICATE OF AUTHORIZATION No. LB 8011
REV DATE DRAW 8 Y- WS
I SEMINOLE COUNTY FLORIDA
I I
I I SCALE I' = 20' CHECKED BY *VD
CITY COMMISSION MEMORANDUM 19-265
DECEMBER 9, 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 Manage
SUBJECT: Ordinance No. 2019-4529; Vacation of a
adjacent portion of the alley located at 5).P -
STRATEGIC PRIORITIES: /
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
Update Regulatory Framework
Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
of East 6u, Street and the
Avenue.
A petition to vacate a portion of East 6th Street and the adjacent portion of the alley generally
located at 519 Park Avenue has been received.
FISCAL./STAFFING STATEMENT:
There is no fiscal impact associated with this item.
BACKGROUND:
The petition is to vacate a portion of East 6th Street, which said right-of-way is 66' feet in width
running east -west and located between Park Avenue and Magnolia Avenue and generally located
at 519 Park Avenue and the adjacent portion of the north -south alley between East 6th Street and
East 5th Street (see Exhibit `A' and `B' of the proposed Ordnance). The petitioner is Kaplan Law
Firm, P.L., Jeffrey Kaplan who represents the owner, Central Baptist Church of Sanford Florida,
Inc. The right-of-way is 66' feet wide and is improved as well as the alley which is 14' feet wide
and is improved. Both the right-of-way and the alley were platted as part of E.R. Trafford's Map of
the Town of Sanford as recorded in Plat Book 1, Pages 56 - 64 of the Public Records of Seminole
County. The applicant and owner request this action to eliminate a minor unintentional existing
private right-of-way encumbrances within these right-of-ways.
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 22, 2019, and had no objection for the minor East 6th Street
and adjacent alley 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 November 11, 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.
The City Commission approved the first reading of Ordinance No. 2019-4529 on November 18,
2019.
The City Clerk published notice of the second public hearing in the Sanford Herald on November
24, 2019.
LEGAL REVIEW:
The City attorney has reviewed Ordinance Number 2019-4529 along with this request and has no
legal objection to this matter.
RECOMMENDATION:
The DRT and City staff recommends that the City Commission adopt Ordinance No. 2019-4529,
to vacate a minor portion of East 6th Street right-of-way and the adjacent portion of the alley
generally located at 519 Park Avenue.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2019-4529."
Attachments: Ordinance No. 2019-4529.
Exhibit `A', General Map of Location.
Exhibit `13% Sketch and Description for ROW vacate portion of East 6th Street and
the adjacent portion of the alley.