4605 Vacate portion of Utility Easement at 417 Orange AvenueGRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2021063435 Bk:9929 Page:756-762(713gs)
REC: 05/13/2021 8:23:14 AM by jeckenroth
RECORDING FEES $61.00
Ordinance No. 2021-4605
An ordinance of the City of Sanford, Florida vacating and abandoning
a portion of a south lot line utility easement, 25' in width, generally
located at 417 Orange Avenue upon Lot 9 of Block B platted as part of
Fellowship Addition subdivision, as recorded in Plat Book 8, Page 3
of the Public Records of Seminole County; 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 south lot line utility easement, 25' in width, upon Lot 9 of
Block B Fellowship Addition subdivision, as recorded in Plat Book 8, Pages 3 of the Public
Records of Seminole County and generally located at 417 Orange Avenue; and
Whereas, the rear utility easement is depicted in Exhibit "A" which exhibits hereto
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are attached and made a part hereof by this reference; and
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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
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
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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 south lot line utility easement 25' in width, located upon Lot 9,
Fellowship Addition subdivision, as recorded in Plat Book 8, Page 3 of the Public Records
of Seminole County, generally located at 417 Orange Avenue and platted depicted in
Exhibit "A", is hereby vacated.
(b). As part of the requirements of this Ordinance, the owner agrees to provide a
new utility easement over the new location of the utility lines by means of a separate
instrument and same shall be recorded in the Public Records of Seminole County in a
timely manner as approved by the City Attorney.
(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
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.
21 P f.., �,
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 not be codified.
Section 7. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this loth day of May, 2021.
City Commission of th#/City of
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Traci Houchin, MMC, FCRM, City Cleryrft G druff, ayor��
Approved as to form
and legal sufficiency.
William L. Colbert, City Attorney
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EXHIBIT A
LEGAL DESCRIPTION OF A UTILITY EASEMENT WHICH IS ALSO KNOWN AS A PORTION OF FORMER
RIGHT OF WAY KNOWN AS SIXTH STREET, CONTIGUOUS TO THE SOUTHERLY LINE OF LOT 9, BLOCK B,
FELLOWSHIP ADDITION TO SANFORD, AS SHOWN ON THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
8, PAGE 3, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT, SAID POINT BEING THE SOUTHEASTERLY CORNER OF LOT 9 ON THE
WESTERLY RIGHT OF WAY LINE OF ADJACENT ALLEY; THENCE DEPARTING LOT 9 AND RUNNING WITH
THE WESTERLY RIGHT OF WAY LINE OF SAID ALLEY, S00°10'48"E, A DISTANCE OF 25,06 FEET BY
SURVEY TO THE CENTERLINE OF SIXTH STREET; THENCE DEPARTING THE ALLEY AND RUNNING WITH
THE CENTERLINE OF SIXTH STREET, N85°09'57"W. A DISTANCE OF 117.00 FEET TO THE EAST RIGHT OF
WAY LINE OF ORANGE AVENUE; THENCE RUNNING WITH SAID EAST RIGHT OF WAY LINE, N00°00'00"W, A
DISTANCE OF 25.09 FEET BY SURVEY TO THE SOUTHWESTERLY CORNER OF LOT 9; THENCE
DEPARTING ORANGE AVENUE AND RUNNING WITH THE SOUTHERLY LINE OF LOT 9, ALSO BEING THE
NORTHERLY LINE OF SIXTH STREET, S85oO9'00"E, A DISTANCE OF 117.00 FEET TO THE POINT AND
PLACE OF THE BEGINNING.
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LOT 8
BLOCK B
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THE NORTH 25.09 FEET
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LOT 9
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SOUTHERLY LINE OF LSO 590*9'0"E 0THERLY LINE OF SIXTH STREET
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SIXTH STREET
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POB= POINT OF BEGINNING
PROVIDED FOR
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SURVEYOR'S CERTIFICATE
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PB Plat Book
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Centedine
PC Point of Curvature
CB
- Concrete Block
PI - Point of intersection
I HEREBY CERTIFY THAT THIS LEGAL DESCRIPRION AND SKETCH WAS MADE UNDER
CM
- Concrete Monument
POB - Point of Beginning
MY RESPONSIBLE CHARGE AND TO THE BEST OF MY KNOWLEDGE AND BELIEF SAID
CONC
-Concrete
POC - Point of Commencement
SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA
COV
- Covered
LP - Light Polo
BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J47 FLORIDA
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- Description
-Drainage Easement
PRC - Point of Reverse Curvature
PRM - Permanent Reference
ADMINISTRATIVE CODE. FURTHER, THIS DOCUMENT IS ELECTRONICALLY SIGNED AND
Monument
SEALED PURSUANT TO SECTION 472.027 OF THE FLORIDA STATUTES AND CHAPTER
DUE
DAN
- Drainage & Utility Esmt
- Driveway
R - Radius
5J-17 OF THE FLORIDA ADMINISTRATIVE CODE.
ESMT
-Easement
RAD -Radial
R&C - Rebar&Cap
NOTA SURVEY
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FND
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- Finished Floor Elevation
-Found
Iron Pipe
RFD -Rooted
UE - Utility Easement
DATE SIGNED: 03!16/21
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- (Aro)
WM - Water Meter
M
Mae
- Measured
A - Delta (Cental Angle)
N&D
- Nail & Disk
.o. - Wood/PVC Fence
NR
- Non -Radial
-o- - Chain Link Fence
OHU
-Overhead Utility Line
IV - Irrigation Valve
SURVEYOR'S NAME: BILL H. HYATT LS4636
ORB
- OfficialRecordsBook
PE -Pool Equipment
DEAL LAND SURVEYING, LLC LB 8121
GENERAL MAP OF LOCATION
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I PARCEL NO. I PROPERTY OWNER I PROPERTY ADDRESS I ZONING I ACRES I
30-19-31-517-01300-0090 1 JEREMI M & CRYSTAL L SENSKY
417 ORANGE AVE
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d1*11 CITY OF Item No.
ZANFORD
FLORIDA
CITY COMMISSION MEMORANDUM 21-117
MAY 10, 2021 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Owen Christopher Smith, Project Planner
SUBMITTED BY: Norton N. Bonaparte Jr., City Man
SUBJECT: Ordinance No.2021-4605; Vacation of a P ion of a Utility Easement
Located at 417 Orange Avenue.
STRATEGIC PRIORITIES:
F] Unify Downtown & the Waterfront
F-1 Promote the City's Distinct Culture
❑ Update Regulatory Framework
M Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A petition to vacate a portion of a utility easement, 25' in width, generally located at 417 Orange
Avenue has been received. The petitioner and owners of the property are Jeremi M. and Crystal L.
Sensky.
FISCAL/STAFFING STATEMENT:
There is no fiscal impact associated with this item.
The petition is to vacate a portion of an existing south lot utility easement, 25' in width, generally
located at 417 Orange Avenue. The easement is generally running east west with existing utilities
in which the City is relocating and the petitioner is proving a new easement over the new located
utility lines location. The easement portion to be vacated is located of the south lot line of Lot 9 of
Block B, and is 25' feet in width (see Exhibit 'A' of the proposed Ordinance No. 4605). The utility
easement was a result of vacating a portion of 6`h Street as approved by Ordinance No. 1057, as
recorded in Official Records Book 906, Pages 481-482 of the Public Records of Seminole County.
The applicants and owners request this action to eliminate this existing unused easement for the
purposes of constructing a new residence. As part of the requirements of the Ordinance for this
vacate, the owners are proving a new easement over the relocated utility lines to the City by
separate instrument.
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 April 12, 2021 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.
LEGAL RF-viEw:
The City Attorney's office has reviewed this request and has no legal objection to this matter.
The City Commission approved the first reading of Ordinance No. 4605 on April 26, 2021.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on April 28, 2021.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 2021-4605, vacating a
portion of south lot line utility easement, 25' in width, generally located at 417 Orange Avenue.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2021-4605."
Attachments: (1). Ordinance No. 2021-4605.
(2). Exhibit 'A', Sketch and Description for easement vacate portion.
(3). General Map of Location.
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