4632 Vacate a north/south portion of south Elder Road ROW 50' in width located between Smith Canal & St. John's ParkwayOrdinance No. 2021-4632
An ordinance of the City of Sanford, Florida vacating and abandoning
a north -south portion of Elder Road right-of-way which is 30.0' in
width and generally located at 1710 Rinehart Road and located
between Smith Canal Road and St. Johns Parkway and between
Rinehart Road and Upsala Road and platted as part of M.M. Smiths
Third Subdivision; providing for an easement being granted to
Seminole County; 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 north -south portion of Elder Road right-of-way, 30.0, in
width, located between Smith Canal Road and St. Johns Parkway and generally located
at 1710 Rinehart Road; and
Whereas, the petitioner/applicant is Nicole Martin of Madden, Moorhead &
Stokes LLC.; and
o Whereas, the owner of the property which is subject to the City's right-of-way
interests is Paul V. Mellini, Successor Trustee; and
o Whereas, the subject Elder Road right-of-way is an unimproved and unopened
north -south portion of right-of-way which was platted as part of the M.M Smiths Third
Subdivision as recorded in Plat Book 1, Page 86 of the Public Records of Seminole
County and as depicted upon Exhibits "A" and "B" which exhibits hereto are attached and
made a part hereof by this reference; and
r4 Whereas, the City Commission finds that the vacating of said alley right-of-way
will not operate to the detriment of the City or the public subject to the conditions set forth
in this Ordinance; and 40LE COUNTY
oMp-TROLLER
GRANT MALOY, SEM11
COURT,'-' C
fl CLERK OF CIRCUIT A376(09
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CFN# 20211426( . - by clones
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1012812021 1*,07 8.00
REC.
RECORDING FEES 17
Whereas, the City Commission further finds that all other conditions required by
controlling law have been met relative to the advertising and processing of this
Ordinance.
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 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 rig ht-of-waylim plernenti ng actions.
(a). A north -south right -of way portion of Elder Road, 30.0' in width, located
between Smith Canal Road and St. Johns Parkway and generally located at 1710
Rinehart Road, which was platted as part of M.M. Smiths Third Subdivision as recorded
in Plat Book 1, Page 86, is hereby vacated.
(b). The owner of the property which is subject to the City's right-of-way
interests is Paul V. Mellini, Successor Trustee, shall grant a drainage easement for the
Smith Canal as required by and acceptable to and in form and description to the Seminole
County Attorney in order to effectuate the condition subsequent necessary to spring this
Ordinance into effect.
2 1 P
(c). The owner of the property which is subject to the City's right-of-way
interests is Paul V. Mellini, Successor Trustee, shall provide a certified copy of the
recorded easement to the City prior to the final recordation of this Ordinance.
(d). 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 such 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 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 above referenced property owner
prior to the recording of this Ordinance.
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.
3 1 P
Section 7. Effective Date. This Ordinance shall take effect immediately
upon recording of this Ordinance in the Public Records of Seminole County, Florida.
Passed and adopted this 25th day of October, 2021.
Attest:
Traci Houchin, MMC, FCR
City Clerk
City Commission of the City of
Sanford, Florida
'e" E
x
Aq_,WO'odruTT
Mayor
4 1 P I
LEGAL DESCRIPTION
LEGAL DESCRIPTION:
A PORTION OF ELDER ROAD, SMITHS THIRD SUBDIVISION, OF THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 1, PAGE 86 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA.
COMMENCE AT THE SOUTH 1/4 CORNER OF SECTION 28, TOWNSHIP 19 SOUTH, RANGE 30
EAST; THENCE RUN NORTH 00'09'02 WEST ALONG THE EAST LINE OF THE SOUTHWEST
1/4 OF SAID SECTION 28, FOR A DISTANCE OF 1771.41 FEET; THENCE DEPARTING SAID
EAST LINE RUN SOUTH 89°55'53" WEST ALONG THE SOUTHERLY LINE OF LOT 28 AND LOT
27 OF AFORESAID SMITHS THIRD SUBDIVISION, FOR A DISTANCE OF 1304.19 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 27 AND THE POINT OF BEGINNING; THENCE RUN SOUTH
89'55'53" WEST, FOR A DISTANCE OF 30.00 FEET TO THE SOUTHEAST CORNER OF SAID
LOT 26; THENCE RUN NORTH 00°09'11" WEST ALONG THE EAST LINE OF LOT 26, FOR A
DISTANCE OF 644.09 FEET TO A POINT ON THE NORTHEAST CORNER OF SAID LOT 26;
THENCE RUN NORTH 89'55'53" EAST, FOR A DISTANCE OF 30.00 FEET TO A POINT ON
THE NORTHWEST CORNER OF SAID LOT 27; THENCE RUN SOUTH 00°09'11" EAST ALONG
THE WEST LINE OF SAID LOT 27, FOR A DISTANCE OF 644.09 FEET TO THE POINT OF
BEGINNING.
CONTAINING 19,322 SQUARE FEET OR 0.443 ACRES OF LAND, MORE OR LESS.
SHEET 1 OF 2
SEE SHEET 2 FOR SKETCH
SURVEYOR'S NOTES:
1. THIS IS NOT A SURVEY.
2. `�•♦, �` I3• BEARINGS SKETCH HOWN HEREON ARE B SED ON AND EAST LINEED WITH AN OF THE SOUTHWEST 1 SURVEYOR'S SEAL.
1/4 OF SECTION 28, TOWNSHIP 19 SOUTH,
RANGE 30 EAST AS BEING NORTH 00009'02 WEST. (ASSUMED FOR ANGULAR DESIGNATION ONLY)
4. THE RECORDING INFORMATION SHOWN HEREON WAS OBTAINED FROM THE SEMINOLE COUNTY PUBLIC ACCESS SYSTEM.
ALLEN 5. DELINEATION OF THE LANDS SHOWN HEREON ARE AS PER THE CLIENT'S INSTRUCTIONS.
COMPANY JOB N0. 20210013 CALCULATED BY: JPC FOR THE LICENSED BUSINESS #6723 BY:
Digitally signed by
DATE: 5/18/21 DRAWN BY: JPC James L Rickman
1" = 120' Date: 2021.06.15
SCALE: CHECKED BY: JLR 15:15:06 04'00'
16 EAST PLANT STREET
!ter Carden,101ida 34781' ( 407 )6WS355 JAMES L. RICKMAN, P.S.M. X15633
Drawing name: L: \Dato\20210013\sketches\20210013 SK1 Elder Road SHEET 1
SKETCH OF DESCRIPTION
NORTHEAST
CORNER OF LOT 26
30.00' RIGHT-OF-WAY
PER PLAT BOOK 1, PAGE 86
OF LOT 27
LINE OF LOT 27
EAST LINE OF LOT 26
SOUTHEAST
CORNER OF LOT 26
PCW 0= BEOAWA\fG
SOUTHWEST CORNER OF LOT 27
'S89*55'53"W 130419'
Ll SOUTHERLY OF LOT 21i & LOT 27
EAST LINE OF THE
SOUTHWEST 1/4 OF
SECTION 28-19-30 3:
PORT Of= COMMENCola
EA00 op'l
FOUND SEMINOLE COUNTY NAIL AND DISK AT
THE SOUTH 1/4 CORNER OF SECTION
28-19-30
SHEET 2 OF 2
SEE SHEET 1 FOR DESCRIPTION
1" =120'
GRAPHIC SCALE
0 60 120 240
16 EAST PLANT STREET
Voter Garden, Florida 34787 4 ( 407 ) 654-5355
Drawing name: L:\Dato\2021001
ELDER ROAD
—30-00' PLATTED RIGHT
OF WAY PER P.B. 1, PC. 86
LOT 26,
LOT 27,
SMITHS THIRD
SMITHS THIRD
SUBDIVISION
SUBDIVISION
PLAT BOOK 1,
PLAT BOOK 1,
PAGE 86
PAGE 86
EAST LINE OF LOT 26
SOUTHEAST
CORNER OF LOT 26
PCW 0= BEOAWA\fG
SOUTHWEST CORNER OF LOT 27
'S89*55'53"W 130419'
Ll SOUTHERLY OF LOT 21i & LOT 27
EAST LINE OF THE
SOUTHWEST 1/4 OF
SECTION 28-19-30 3:
PORT Of= COMMENCola
EA00 op'l
FOUND SEMINOLE COUNTY NAIL AND DISK AT
THE SOUTH 1/4 CORNER OF SECTION
28-19-30
SHEET 2 OF 2
SEE SHEET 1 FOR DESCRIPTION
1" =120'
GRAPHIC SCALE
0 60 120 240
16 EAST PLANT STREET
Voter Garden, Florida 34787 4 ( 407 ) 654-5355
Drawing name: L:\Dato\2021001
EXHIBIT "A"
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30'
RIGHT OF WAY
VACATE REQUEST
MAP
PARCEL NO.
PROPERTY OWNER
PROPERTY ADDRESS
ACRES
1
28-19-30-506-0000-0250
PAUL V MELLINI
VACANT UPSALA RD
16.35
2
28-19-30-506-0000-0270
PAUL V MELLINI
VACANT UPSALA RD
28.75
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WS RM
CITY OF
Item No.
'SNF0_NRD
F LOR I D A
CITY COMMISSION MEMORANDUM 21.222
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., lCMA-CM, City la
SUBJECT: Ordinance No. 4632; Vacation; Portion of South ; er Road; 1710 Rinehart
Road
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
Fj Update Regulatory Framework
0 Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A petition to vacate a north -south portion of south Elder Road right-of-way, which is 30,0' feet in
width, and located between Smith Canal Road and St. Johns Parkway, generally located at 1710
Rinehart Road has been received. The petitioner is Nicole Martin of Madden, Moorhead & Stokes
LLC. The owner of" the property, which is subject to the City's right-of-way interests, is Paul V.
Mellini, Successor Trustee.
FISCAL/STAFFING STATEMENT:
There is no fiscal impact associated with this item.
BACKGROUND:
The petition requests that the City vacate a north -south unopened right-of-way portion of southern
Elder Road, 30.0' feet in width and 644-09' feet in length, located between Lot 26 and Lot 27 as
platted and recorded at Plat Book 1, Page 86, M.M. Smiths Third Subdivision, and generally
located between Smith Canal Road and St. Johns Parkway at 1710 Rinehart Road.
Ms. Martin and Mr. Mellini request this action to better improve and develop the subsequent
adjoining parcels resulting from the vacate action and to be consistent with previous I " Elder Road
vacate action to the north. The unopened right-of-way portion does not serve any future purpose of
the City and contains no utilities.
As a requirement of this vacate, by separate instrument, Seminole County is requiring a drainage
easement in favor of the County for the existing Smith Canal drainage ditch.
Pursuant to Section 6.19 of the City's 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 and the Administrative Official 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 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 20, 2021 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.
LEGAL REVIEW:
The City attorney has reviewed Ordinance No. 4632 and this request and has no legal objection to
this matter.
The City Commission approved the first reading of Ordinance No. 4632 on October 11, 2021.
The City Clerk published notice of` the 2" d Public Hearing in the Sanford Herald on October 13,
2021.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 4632.
SUGGESTED MOTION:
I move to adopt Ordinance No. 4632.'*
Attachment: (1). Ordinance No. 4632 with exhibits.