4572 177 Wildwood Drive - Vacate a utility easementGRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2020129801 Bk:9759 Page:403-409 (71391
REC: 11/12/2020 10:36:11 AM by jeckenroth
RECORDING FEES $61.00
Ordinance No. 2020-4572
An ordinance of the City of Sanford, Florida vacating and abandoning
a portion of a rear utility easement, 14' in width, generally located at
177 Wildwood Drive upon Lot 39 platted as part of Ramblewood
subdivision, as recorded in Plat Book 23, Pages 7 and 8 of the Public
Records of Seminole County; providing for drainage requirements;
providing for legislative findings and intent; providing for
incorporation of an exhibit; providing for the taking of implementing
administrative actions and owner agreements; 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 a rear utility easement, 14' in width, upon Lot 39,
Ramblewood subdivision, as recorded in Plat Book 23, Pages 7 and 8 of the Public
Records of Seminole County and generally located at 177 Wildwood Drive; and
Whereas, the rear utility easement is depicted in Exhibit "A" 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 the rear
utility easement, as set forth in this Ordinance, 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
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-0 vacation of the portion of a rear utility easement 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 easement portionlimplementing actions.
(a). A portion of a rear utility easement. 14' in width, located upon Lot 39,
Ramblewood subdivision, as recorded in Plat Book 23, Pages 7 and 8 of the Public
Records of Seminole County, generally located at 177 Wildwood Drive and platted
depicted in Exhibit "A", is hereby vacated.
(b). As part of the requirements of this Ordinance, the owners of the fee simple
interest over the area of the easement agree on behalf of themselves and their
successors and assigned to resolve and correct any drainage issues that the City of
Sanford may determine to arise and remove any and all encroachments or improvements
within said easement and vacated area in a timely manner, as required by the City, and,
further, they agree to indemnify the City from any and all liability arising from the use of
the vacated easement area, events of any nature occurring within the vacated easement
area and any and all matters relating thereto. This covenant shall run with and burden Lot
39, Ramblewood subdivision, as recorded in Plat Book 23, Pages 7 and 8 of the Public
Records of Seminole County and shall be plenary and conclusively and irrebuttably
agreed upon by virtue of the recording of this Ordinance in the Official Records (Land
Records) of Seminole County.
(c). The City Manager, or designee, is hereby authorized to execute the
documents necessary to implement the action taken herein.
Section 3. Recordation.
The City shall record this Ordinance in the Public Records (Land Records) of
Ordinance No. 2020-4572
Page No. 2
Seminole County and the property owners have agreed to pay the costs thereof and
expressed their consent and desire to have this Ordinance recorded. All costs of the
easement vacation matters and the recording of this Ordinance 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.
Attest:
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 November, 2020.
City Commission of the City of
Sanford . . n
\bAoLa%Xk", RWRRK
Traci Houchin, MMC, FCRM, City Clerk al
ZTMr
Approved as to form
and legal sufficiency.
Ordinance No. 2020-4572
Page No. 3
SUBJECT PROPERTY
177 WILDWOOD DR
14'
UTILITY
EASEMENT
jl%JBIUTY UNSKFISFACTUjU
FOR se-ANNING f4;,.
A
A I
x
PARCEL NO. PROPERTY OWNER PROPERTY ADDRESS ZONING ACRES
10-20-30-502-0000-0390 BRENDA ROMAN 177 WILDWOOD DR LDR-SF 0.17
LEGAL DESCRIPTION:
THE BELOW DESCRIBED LANDS COMPRISE THE RELEASED PORTION OF THE 14 FEET
UTILITY EASEMENT AS RECORDED RAMBLEWOOD , PLAT BOOK 23,PAGE 7 AND 8, OF
THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA TO BE ABANDONED, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 39, RAMBLEWOOD; THENCE
NORTH 26000'00" WEST ALONG THE WESTERLY LINE OF SAID LOT 39, THE WESTERLY
LINE IS ASSUMED TO BEAR NORTH 26000'00" WEST AND ALL OTHER BEARINGS ARE
RELATIVE THERETO, A DISTANCE OF 91.00 FEET TO THE SOUTH LINE OF SAID 14 FEET
UTILITY EASEMENT; THENCE NORTH 64'00'00 EAST ALONG SAID SOUTH LINE, A
DISTANCE OF 13.31 FEET TO THE POINT OF THE BEGINNING THE RELEASED PORTION;
THENCE CONTINUE NORTH 64000'00" EAST ALONG SAID SOUTH LINE A DISTANCE OF
26.37 FEET; THENCE NORTH 30°10'55" EAST, TO THE NORTHERLY EXTERIOR FACE OF
THE BUILDING, A DISTANCE OF 7.22 FEET, THENCE SOUTH 59049'05" EAST ALONG
SAID EXTERIOR FACE OF THE BUILDING, A DISTANCE OF 26.30 FEET, THENCE
SOUTH 30010'55" EAST, A DISTANCE OF 5.30 FEET TO THE POINT OF THE BEGINNING.
CONTAINING IN ALL 164.70 SQUARE FEET OR 0.004 ACRES, MORE OR LESS
Vo
FLORIDA
CITY COMMISSION MEMORANDUM 20-218
NOVEMBER 9, 2020 AGENDA
WS RM X
Item No.
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Owen Christopher Smith, Project Planner
u"
SUBMITTED BY: Norton N. Bonaparte Jr., City Mana
SUBJECT: Ordinance No. 2020-4572; Vacati n of ortion of a
Located at 177 Wildwood Drive.
STRATEGIC PRIORITIES: I
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
Update Regulatory Framework
Z Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Utility Easement
A petition to vacate a portion of a utility easement, 14' in width, generally located at 177
Wildwood Drive has been received. The petitioner and owners of the property are Nicholas
Balevich and Brenda Roman.
FISCAL/STAFFING STATEMENT:
There is no fiscal impact associated with this item.
BACKGROUND:
The petition is to vacate a portion of an existing rear lot utility easement, 14' in width, generally
located at 177 Wildwood Drive. The easement is running east west with no apparent utilities and is
mainly used for drainage purposes. The easement portion to be vacated is approximately 5-7' feet
by 26' feet in size (see Exhibit 'A' of the proposed Ordinance). The rear utility easement was
platted as part of the Ramblewood subdivision, as recorded in Plat Book 23, Pages 7 and 8 of the
Public Records of Seminole County. The applicants and owners request this action to eliminate a
long-standing existing minor home encroachment and relief of title insurance encumbrance within
the easement area. As part of the requirements of the Ordinance for this vacate, the owners will
ensure that the existing drainage will not be impacted and will resolve any drainage issues in a
timely manner and remove any encroachments that may impact the drainage and shall 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 City staff 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.
City staff has considered the matter and has no objection for the portion of the utility easement to
be vacated provided any and all conditions are met above.
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 October 16, 2020 at which time the City would consider 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. 4572 on October 26, 2020.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on October 25,
2020.
LEGAL REVIEW:
The City Attorney's office has reviewed this request and has no legal objection to this matter.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 2020-4572 vacating a
portion of a rear utility easement, 14' in width, generally located at 177 Wildwood Drive.
SUGGESTED MOTION:
I move to adopt Ordinance No. 2020-4572."
Attachments: (1). Ordinance No. 2020-4572.
(2). Exhibit 'A', Sketch and Description for easement vacate portion.
(3). General Map of Location.