4631 Vacate Exclusive City Services Easement - Riverbend VillageU
7�
03
Ordinance No. 2021-4631
An ordinance of the City of Sanford, Florida vacating and abandoning
an exclusive city services easement, 50' in width, generally located at
generally located at Riverbend Village "G" (Tax Parcel Identification
Numbers 33-19-31-300-139A-0000 and 33-19-31-300-129A-0000), as
recorded in Official Records Book 9373, Pages 1002-1005 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, a petition to vacate an Exclusive City Services Easement, 50' in
width, generally located within Riverbend Village "G" an to be located in the future plat of
Riverbend at Cameron Heights — Phase 4 was submitted and this Ordinance was
prepared to implement the request; and
Whereas, the subject petition related to real property assigned tax parcels
identification numbers 33-19-31-300-139A-0000, which is owned by American Land
Investments Of Cameron Avenue LLC (whose sole manager is American Land
Investments Of Central Florida, LLC whose managers are Dwight Saathoff and Robert
Ziatkiss), and 33-19-31-300-129A-0000, which is owned by Forestar (USA) Real Estate
Group Inc. (a Delaware corporation headquartered in Austin, Texas which has a wide
array of corporate officers); and
Whereas, the petitioner is Roger VanAuker who has represented to the City of
Sanford that he has authority to act on behalf of the property owners; and
Whereas, the subject easement is recorded in Official Records Book 9373,
Pages 1002-1005 of the Public Records of Seminole County and was granted to the City
in 2019 by American Land Investments of Cameron Avenue, LLC; and
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2021142602 Bk:10082 Pg:1351-1367(17Pgs)
REC: 10/28/2021 1:06:11 PM by cjones
RECORDING FEES $146.00
Whereas, the subject request is intended to eliminate this existing unused
easement for the purposes of re -platting this area in Seminole County and the City has no
future needs for this easement and no other existing utilities are present; and
Whereas, the City Commission finds that the vacating of said exclusive city
services easement, as set forth in this Ordinance, will not operate to the detriment of the
City or the public as the new platted right-of-way for Seminole County will serve a better
purpose; 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 subject 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 the requirements of the Land
Development Regulations of the City of Sanford.
Section 2. Vacation of easement and implementing actions.
(a) . The City of Sanford hereby vacates and abandons the easement which is
recorded in Official Records Book 9373, Pages 1002-1005 of the Public Records of
Seminole County as set forth herein and subject to the provisions hereof.
21 ',I
(b). The City Manager, or designee, is hereby authorized to execute the
documents necessary to implement the action taken herein.
Section 3. Recordation.
This Ordinance shall be recorded in the Public Records (Land Records) of
Seminole County and all costs of the easement vacation matters and the recording of this
Ordinance shall be paid by the applicant or property owners and this obligation shall run
with the land of the vacated easement until all such costs have been paid to the City.
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 not be codified.
Section 7. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption;
provided, however that the easement vacation action set forth herein shall be effective
the date that the Plat which bears the title "Riverbend at Cameron Heights — Phase 4" is
recorded in the Plat Books of Seminole County.
3 1 '
Passed and adopted this 25th day of October, 2021.
Attest:
Traci Houchin, MMC, FCRM
City Clerk
Approved as to form
and legal sufficiency.
ty Attornev
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City Commissi
Sanford 'P
Mayor
ruff
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GENERAL MAP LOCATION
611
SUBJECT PROPERTY Is
PROPOSED EASEMENT
VACATE
W
42D
MAP PARCEL NO. PROPERTY OWNER PROPERTY ADDRESS ACRES
1 33-19-31-300-1290-0000 FORESTAR (USA) REAL ESTATE CAMERON AVE 1.21
GROUP INC
2 33-19-31-300-129A-0000 FORESTAR (USA) REAL ESTATE CAMERON AVE 8.19
GROUP INC
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Grant Malov Clerk Of The Circuit Court & Comptroller Seminole CountZ, FL
hist, #2019062931 Book,9373 Page:1 002-1005; (4 PAGES) RCD: 6/13f2019 2A5:46 PM
REC FEE $35.50
Prepared by: DvAght Sasthoff
7676 Dr. Phillips Blvd. Suite 265
Orlando, FL 32819
Return to: City of Sanford, Utility Department,
City Hall, PO. Box 1788
Sanford, FL 32772
GRANT OF EXCL—USIVL4 -CJJX SERVICES EASEMENT (CC) UOM:W
American Land Investments of
THIS INDENTURE, made this _13th day of _._Way between.... Cameron whose address
is 7676 Dr. Phillips Blvd. Suite 266 County of q!alIo and State of Florida -,....,party of the
first part, and the CITY OF, SANFORD, FLORIDA, a municipal corporation, which is situated in, the County of Sernhiole, the State of
Florida, party of the second part;
WITNESSETH, that party of the first part, for and In consideration of the sum of one dollar and other valuable consideration paid by party
of the second part, receipt whereof is hereby acknowledged, grants and conveys to party of the second part, its successors, assigns,
licensees, an exclusive perpetual easement, as described and illustrated below, which Is to . be under, upon, and across the
Easement - area of the property situated in -or near the City of Sanford, Seminole County, Florida, more particularly
described as: (See Attached Exhibit "A" - Legal Description and Exhibit I'D" - Drawing)
*Also known as Riverbend Vilage G Sanford, Florida*
(Property Address or Development Tract)
(Seminole County Parcel No(s). _33-19-31-300-1394-0000
33-19-31-300-126A.0000
for city services, including but not limited to, -city owned utilities, hereafter on said property, such easement to include the right of free
ingress and egress over and across said property for the purposes of constructing, installing, and maintaining said fhciliflcs.
This Grant of Easement shall not be construed as a grant of right of way and is limited to a City Services Easement. The patty of the first
part shall have the right to use the area subject to the easement granted hereby (the "Easement Area"), including without limitation for
parking areas, driveways, and landscaping, which are not inconsistent with the use of the Easement Area by the party of the second part for
the purposes granted hereby.
Provided, however, that the party of the first part shall not have the right to grant utility easements to other parties without the prior written
consent of the party of the second part If the party of the second part disturbs any landscaping or improvements within the easement area,
the party of the second part shall restore such landscaping or improvements.
IN WITNESS WHEREOF, the parties of the first part hereunto set their hands and seals on the day and year first above written.
SIGNED, SEALED, AND DELIVERED IN THE PRESENCE OF:
;itness Sigizalture)
rinted Name: Ckq.tiLAAM�S
(Second Witness' �-t"U-re-
§igna u
Printed Name: r 1'A -t. t-1-,e--bM-
GRANTOR:
American Lend Investments of Cameron Avenue, LLC
a Florida limited liability company
By: American Land Investments of Central Florida, LLC
a FlorldWNtIted Iia cif-ItIVICOMP84, Its sole,member
STATE COUNTY OF Address:
This instrument was acknowled&ied before the on the N'��day
of Amer can Land Investments who
as
im
DvAgIft Seratholf, Its ager
7676 Dr. F Its 265
Orlando, FL 32819
of .01
9_. ,, by QMqhLS"thQff the
is personally Known to me or who provided
(Notarial Seat)
.v, Notary =Publ]GSWO of Florida
t
at n AndartioFn
*Aff A Jessalyn Anderson tar Public in for titstate
ale
My Commission GO 182816 A
43
e.Vra. ova 12022
exores 07JO412022
4 Printed Name.,
Book 8373 Page 1003
Instrument# 2x18062831
Exhibit A
LEGAL DESCRIPTION
THIS IS NOT A SURVEY
LEGAL DESCRIP77ON
A PARCEL OF LAND LYING IN SECTION 33. TOWNSHIP 19 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY,
FLORIDA BEING MORE PAR77CULARLY DESCRIBED- AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF APALACHICOLA LANE ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 83, PAGE 31 THROUGH 38 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA; THENCE RUN NORTH 893912" EAST ALONG THE SOUTH LINE OF APALACHICOLA LANE OF
SAID PLAT FOR A DISTANCE OF 50.00 FEET, THENCE DEPARTING SAID SOUTH LINE RUN SOUTH
00'21'08" EAST FOR A DISTANCE OF 378.73 FEET; THENCE RUN SOUTH 893855" WEST FOR A
DISTANCE OF 50.00 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY
HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 89'59'20" WITH A CHORD BEARING OF
NORTH 45'21'25" WEST, AND A CHORD LENGTH OF 35.35 FEET; THENCE RUN NORTHWESTERLY ALONG
THE ARC OF SAID CURVE FOR A DISTANCE OF 39.27 FEET TO A POINT OF TANGENCY,• THENCE RUN
SOUTH 893855" WEST FOR A DISTANCE OF 8.93 FEET TO A POINT OF CURVATURE OF A CURVE,
CONCAVE NORTHEASTERLY HA WNG A RADIUS OF 526.00 FEET AND A CENTRAL ANGLE OF 07'31'41 "
WITH A CHORD BEARING OF NORTH 86'35'14" WEST, AND A CHORD LENGTH OF 69.06 FEET, THENCE
RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 69.11 FEET TO A POINT
OF TANGENCY THENCE RUN NORTH 82'4924" WEST FOR A DISTANCE OF 9.47 FEET TO A POINT OF
CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 437.20 FEET AND A
CENTRAL ANGLE OF 073051" WITH A CHORD BEARING OF NORTH 86'3527" WEST, AND A CHORD
LENGTH OF 57.30 FEET,• THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE FOR A
DISTANCE OF 57.34 FEET TO A POINT ON A NON -TANGENT LINE, ALSO BEING A POINT ON THE EAST
LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 33; THENCE RUN
NORTH 00'21'04" WEST ALONG SAID EAST LINE FOR A DISTANCE OF 50.00 FEET -TO A POINT ON A
NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 487.20 FEET AND A
CENTRAL ANGLE OF 0730'56" WITH A CHORD BEARING OF SOUTH 8635'25" EAST, AND A CHORD
LENGTH OF 63.86 FEET; THENCE DEPARTING SAID EAST LINE RUN SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE FOR A DISTANCE OF 63.91 FEET TO POINT OF TANGENCY, THENCE RUN SOUTH
8249'24 WEST FOR A DISTANCE OF 9.47 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 476.00 FEET AND A CENTRAL ANGLE OF 07'3141" WITH A
CHORD BEARING OF SOUTH 8635'14" EAST, AND A CHORD LENGTH OF 62.50 FEET; THENCE RUN
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 62.54 FEET TO A POINT OF
TANGENCY; THENCE RUN NORTH 89 38'55" EAST FOR A DISTANCE OF 8.93 FEET TO A POINT OF
CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25.00 FEET AND A
CENTRAL ANGLE OF 90'00'00" WITH A CHORD BEARING OF NORTH 443855" EAST, AND A CHORD
LENGTH OF 35.36 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE FOR A
DISTANCE OF 39.27 FEET TO A POINT OF TANGENCY; THENCE RUN NORTH 00 21'09" WEST FOR A
DISTANCE OF 278.74 FEET TO THE POINT OF BEGINNING.
CONTAINING 27,697 SQUARE FEET, OR 0.64 ACRES MORE OR LESS,
SHEET I OF 2
SEE sHEEr 2 OF 2 FOR
SKErCH OF DESCRIP770N
SURVEYOR'S NOTES:'
1. INS SKETCH IS NOT VAUD UNLESS SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL
2. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON EAST UNE OF THE SOUTNWEST t/4 OF THE SOUTHEAST 1,
SECTION 33, TOWN" 19 SOUTH RANGE 31 EAST SEMINOLE COUNTY, FLORIDA, BONO NORTH OD'21'O4` WEST.
3, THE LEGAL DESCRlPT1ON WAS PREPARED WITHOUT 6ENMT OF TITLE.
4. THE RECORDING INFORMATION 'SHOWN HEREON WAS OBTAINED FROM INC SEMiNOLE COUNTY PUBLIC ACCESS SYSTEM.
S. DELINEATION OF THE LANDS SHOWN HEREON ARE AS PER TME CUMrS INSTRUCTIONS.
A: s.y' '' FOR THE UCENSED BUSINESS p 0723 B
'..0 M PAM 7 JO8 NO 2Ol9DI1O CALCULATED BY MR
DA 1E• 314/19 DRAWN BY MR/MR
ti!t' SCN r. 1' -SO' CHECKED BYa MR
16 East Plant Street N/A JAMES L RICKMAN P.S.M. 1119833
tGtar 6tlk fkft 30 $ (11x1 1 W-50 FIELD BY1
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Book 9373 Page 1004
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SURVEYOR'S NOTES:'
I. THIS SKETCH IS NOT VAUD UNLESS STONED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL
2. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1,
SECTION
33, TOWNSHIP 19 SOUTH, RANGE 31 EASTFLORIDA,NORTH *2 WEST
6 SEMINOLE COUNTY. FLORID BEING 00 1'04
3. THE LEGAL DESCW71ON WAS PREPARED WITHOUT ENEFIT OF TITLE.
4. THE RECORDING INFORMATION SHOWN HEREON WAS OBTAINED FROM THE SEMINOLE COUNTY PUBLIC ACCESS SYSTEM.
L 6- DWNEA71ON OF THE LANDS SHOWN HEREON ARE AS PER THE CLIENT'S INSTRUCTIONS.
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Book 9373 Pagge 1005
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LINE & CURVE TABLES
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SURVEYOR'S MOTES:
1. THIS SKETCH IS NOT VALID UN"LESs swi) AND SEA= WITH AN EMBOSSED SURVEYOR'S SEAL»
2. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON EAST LINE OF THE SOUTHWEST 1 4 OF THE SOUTHEAST 1,
SECTION 33, TOWNSHIP 19 SOUTH RANGE 31 EAST SEMINOLE COUNTY, FLORIDA. BEING N TH 0011'O4" WEST.
3. THE LEGAL DESCRIPTION WAS PRTAAREO WITHOUT �ENEFIT OF TITLE.
4. THE RECORDING INFORMATION SHOWN HEREON WAS OBTAINED FROM THE SEMINOLE COUNTY PUBLIC ACCESS SYSTEM.
S. O IINEA71ON OF THE LANDS SHOWN HEREON ARE AS PER THE CLIENT'S INSTRUCTIONS.
JOB NO 20190110 CALCULATED BY..
DATE 3A 41i9 DRAWN StMH R SHEET 3 DF 3
SEE sHerr f OF 2 FOR
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WS RM X
Y OF
WSNFORD Item No.
F10RIDA
CITY COMMISSION MEMORANDUM 21.221
OCTOBER 25, 2021 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Owen Christopher Smith, Project Planner
SUBMITTED BY: Norton N. Bonaparte Jr., ICMA-CM, City
SUBJECT: Ordinance No. 4631; Vacating an E, LISiVe ity Services Easement;
Riverbend Village "G"; Future Plat of River /end at (Cameron Heights —
Phase 4.
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
F� Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A petition to vacate an Exclusive City Services Easement, 50' in width, generally located within
Riverbend Village "G" and to be located in the future plat of Riverbend at Cameron Heights —
Phase 4 has been Submitted and an Ordinance prepared to implement the request.
FISCAL/STAFFING STATEMENT:
There is no fiscal impact associated with this item.
BACKGROUND:
The petition to vacate an Exclusive City Services Easement, 50' in width, generally located within
Riverbend Village "G" and to be located in the future plat of Riverbend at Cameron Heights —
Phase 4 relates to real property assigned tax parcels identification numbers 33-19-31-300-139A-
0000 and 33-19-31-300-129A-0000, which is owned by Forestar (USA) Real Estate Group Inc. (a
Delaware corporation headquartered in Austin, Texas which has a wide array of corporate
officers). The petitioner is Roger VanAuker on behalf of the property owners. The easement is
recorded in the Official Records Book 9373, Pages 1002-1005 of the Public Records of Seminole
County. The easement was granted to the City in 2019 by American Land Investments of Cameron
Avenue, LLC.
The request is intended to eliminate the existing utility easement for the purposes of re -platting this
area in Seminole County with a road ROW for all utilities. The Road ROW will replace the utility
easement for existing and ftiture City utilities. As part of the requirements of the vacate, the City
requires the effective date to be the effective date of the Plat once approved by Seminole County
which bears the title "Riverbend at Cameron Heights — Phase 4.
City staff has considered the matter and has no objection for the easement to be vacated provided
any and all conditions are met above.
LEGAL REVIEW:
The City Attorney's office has reviewed and otherwise assisted in this request and has no legal
objection to this matter. The City Attorney has previously commented relative to annexation and
utility provision issues pertaining to the subject property and like -situated real properties.
The City Commission approved the first reading of Ordinance No. 4631 on October 11, 2021.
The City Clerk published notice of the 2°a Public Hearing in the Sanford Herald on October 13,
2021.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 4631.
SUGGESTED MOTION:
I move to adopt Ordinance No. 4631."
Attachments: (1). Ordinance No. 4631.
(2). Future Plat ol'Ri verbend at Cameron I lei ghts -- Phase 4
(3). Recorded Exclusive City Services Easement.
21