4659 Vacate - 300 W. Lake Mary BlvdGRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLEF
CFN# 2022006093 Bk:10146 Pg:792-800(9Pgs)
REC: 01/13/2022 12:05:40 PM by cjones
RECORDING FEES $78.00
Ordinance No. 2021-4659
An ordinance of the City of Sanford, Florida vacating and abandoning
an existing cross -access easement generally located at 300 W. Lake
Mary Boulevard, Sanford Florida and upon the plat for Boulevard
Plaza Subdivision Replat, as recorded in Plat Book 58, Pages 47-48 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 an existing cross -access easement generally located at 300 W. Lake
Mary Boulevard, Sanford Florida and upon the plat for Boulevard Plaza Subdivision
Replat, as recorded in Plat Book 58, Pages 47-48 of the Public Records of Seminole
County as depicted on the attached exhibits and made a part hereof by this reference;
and
Whereas, the City Commission finds that the vacating of said cross -access
easement as set forth in this Ordinance, will not operate to the detriment of the City or the
public as the new cross -access easement of the new development will be provided and
will serve a better purpose; and
Whereas, the approval date of the proposed vacate shall become effective upon
approval and acceptance the new cross -access easement; 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 cross -access 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 and implementing actions.
(a). An existing cross -access easement generally located at generally located
at 300 W. Lake Mary Boulevard, Sanford Florida and upon the plat for Boulevard Plaza
Subdivision Replat, as in Plat Book 58, Pages 47-48 of the Public Records of Seminole
County as depicted on the attached exhibits is hereby vacated.
(b). As part of the requirements of this Ordinance, the owner agrees to provide
any and all required cross -access easements as required and acceptable by the City and
simultaneously record in the Public Records of Seminole County at time of adoption.
(c). The City Manager, or designee, is hereby authorized to execute the
documents necessary to implement the action taken herein.
Section 3. Recordation.
After the adoption of the vacate ordinance, 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
2 1 i,';. y ,� �,',
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.
Passed and adopted this 10th day of January, 2022.
Attest:
Traci Houchin, MMC, FCRM, City
Approved as to form
and legal sufficiency.
City Commissio
Sanford I
07
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of the Ci
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41
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EXHIBIT "A"
CROSS ACCESS
EASEMENT VACATE
REQUEST
E
LAKE `MARt R�J�
•
Ems
MAPI
PARCEL NO.
PROPERTY OWNER
PROPERTY ADDRESS
ACRES
1
11-20-30-523-0000-0010
CFL PLAZA LLC
300 W. LAKE MARY BLVD
10.35
2
11-20-30-518-0000-0010
MADIGATE 17 LLC
3788 ORLANDO DR
1.48
3
11-20-30-519-0000-0030
LOWES HOME CENTER LLC
3780 ORLANDO DR
20.69
VICINITY MAP
D.
O
SURVEY NOTES.' NOT TO
SCALE
.'��P,,,,,
PREPARED FOR:
—OF—
tl, Dewberry
1.
BEARINGS SHOWN HEREON ARE ASSUMED AND BASED
= NO. 5381 <^ -=
>
ON THE EASTERLY LINE OF LOT 1, BOULEVARD PLAZA
DEVELOPMENT, INC.
CROSS ACCESS EASEMENT
SUBDIVISION REPLAT, AS BEING S244420"W.
=
n
ORLANDO, FLORIDA 32806
f° STATE OF o
2.
LANDS SHOWN HEREON WERE NOT ABSTRACTED FORF(0
sl R 14�
WWW.DEWBERRY.COM
RIGHTS—OF— WA Y, EASEMENTS, OWNERSHIP,
CERTIFICATE OF AUTHORIZATION N0. LB 8011
u
ADJOINERS OR OTHER INSTRUMENTS OF RECORD.
F�Fp L
3.
THIS SKETCH MEETS THE APPLICABLE "STANDARDS
OF PRACTICE" AS SET FORTH BY THE FLORIDA
u
BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS
IN RULE 5J17050—.052, FLORIDA ADMINISTRA Tl VE
GOD S.
(`D 1
William /�' (�
Digitally signed by
V V a m
William D Donley
4.
THIS IS NOT A BOUNDARY SURVEY.
Date: 2021.10.29
Donley
14:49:25 -04'00'
;! 5.
THE ELECTRONIC SIGNATURE HEREON IS IN
>
COMPLIANCE WITH FLORIDA ADMINISTRATIVE CODE
WILLIAM D. DONLEY
DATE
(FAC) 5J-17.062(3)
PROFESSIONAL SURVEYOR & MAPPER
LICENSE NUMBER LS 5381
6.
THE SEAL APPEARING ON THIS DOCUMENT WAS
NOT VALID WITHOUT THE SIGNATURE AND SEAL OF A FLORIDA LICENSED
AUTHORIZED BY WILLIAM Q DONLEY, PSM 5381, ON
SURVEYOR AND MAPPER
10/29/2021 PER FAC 5J-17.062(2). SHEET 1
Z
OF 3
(SEE SHEET 2 FOR SKETCH OF DESCRIP770N)
n
a
SKETCH OF DESCRIPTION ONLY.
THIS IS NOT
A SURVEY.
SKETCH OF DESCRIPTION
PREPARED FOR:
—OF—
tl, Dewberry
(TO BE ABANDONED)
WOOLBRIGHT
DEVELOPMENT, INC.
CROSS ACCESS EASEMENT
131 WEST KALEY STREET
ORLANDO, FLORIDA 32806
SEC71ON 11, TOWNSHIP 20 SOUTH, RANGE 30 EAST
PHONE: 321.354.9826 FAx: 407.648.9104
WWW.DEWBERRY.COM
DA 7E. 08/12/2021 PRW. 50142417
CERTIFICATE OF AUTHORIZATION N0. LB 8011
REV DA 7F.- DRAWN BY MRP
SEMINOLE COUNTY FLORIDA
` = N/
SCALE 1 A CHECKED BY WDD
LEGAL DESCRIPTION.•
A PORTION LOT 1, BOULEVARD PLAZA SUBDIVISION REPLAT ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 81, PAGES 62-65 OF THE PUBLIC RECORDS OF SEM/NOLE COUNTY, FLORIDA,
LYING IN SECTION 11, TOWNSHIP 20 SOUTH, RANGE 30 EAST AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE MOST EASTERLY CORNER OF SAID LOT 1; THENCE S24 44'20 "W ALONG THE
EASTERLY LINE OF SAID LOT 1, A DISTANCE OF 129.62 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE ALONG SAID EASTERLY LINE, S24 44'20"W, A DISTANCE OF 30.00 FEET; THENCE DEPARTING
SAID EASTERLY LINE, RUN N65 00'00"W, A DISTANCE OF 57.83 FEET; THENCE N25 00'00"E, A
DISTANCE OF 45.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE WESTERLY HAVING A
RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 32 3838'; A CHORD BEARING OF NOS 4041 "E AND A
CHORD DISTANCE OF 8.43 FEET, • THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 8.55 FEET TO THE POINT OF TANGENCY • THENCE N07'38'38"W, A DISTANCE OF 5253
FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 56.00
FEET, A CENTRAL ANGLE OF 57 21 '22 ", A CHORD BEARING OF N36 °19'19 "W AND A CHORD DISTANCE
OF 53.75 FEET THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
56.06 FEET TO THE POINT OF TANGENCY- THENCE N6500'00"W, A DISTANCE OF 34.21 FEET, • THENCE
N2500'00"E, A DISTANCE OF 36.50 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1; THENCE
ALONG SAID NORTH LINE, RUN S65 00'00"E, A DISTANCE OF 24.00 FEET; THENCE DEPARTING SAID
NORTH LINE, RUN S2500'00"W, A DISTANCE OF 0.52 FEET TO A POINT OF CURVATURE OF A CURVE
CONCAVE EASTERLY HAVING A RADIUS OF 12.00 FEET A CENTRAL ANGLE OF 8853'16'; A CHORD
BEARING OF S19 2638"E AND A CHORD DISTANCE OF 16.81 FEET; THENCE RUN SOUTHERLY ALONG
THE ARC OF SAID CURVE, A DISTANCE OF 18.62 FEET TO A POINT OF REVERSE CURVATURE OF A
CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 80.00 FEET, A CENTRAL ANGLE OF 56'1438 ,
A CHORD BEARING OF S35 4557"E AND A CHORD DISTANCE OF 75.42 FEET, • THENCE RUN
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 78.53 FEET TO A POINT OF
TANGENCY • THENCE S0738J8"E, A DISTANCE OF 52.53 FEET TO A POINT OF CURVATURE OF A
CURVE CONCAVE WESTERLY HAVING A RADIUS OF 39.00 FEET, A CENTRAL ANGLE OF 16 5749 ", A
CHORD BEARING OF S00 50'16 "W AND A CHORD DISTANCE OF 11.50 FEET THENCE RUN SOUTHERLY
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 11.55 FEET TO A POINT OF REVERSE CURVATURE
OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 35.00 FEET A CENTRAL ANGLE OF
74'19'11 ; A CHORD BEARING OF S2750'25"E AND A CHORD DISTANCE OF 42.28 FEET; THENCE RUN
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 45.40 FEET TO A POINT OF
TANGENCY; THENCE S6500'00"E, A DISTANCE OF 1.45 FEET TO THE POINT OF BEGINNING.
CONTAINING 6702 SQUARE FEET OR 0.15 ACRES MORE OR LESS
SHEET 2 OF 3
(SEE SHEET 3 FOR SKETCH OF DESCRIPTION)
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
SKETCH OF DESCRIPTION
PREPARED FOR:
-OF-
Dewberry
(TO BE ABANDONED)
'•
WOOLBRIGHT
DEVELOPMENT, INC
CROSS ACCESS EASEMENT
131 WEST KALEY STREET
ORLANDO, FLORIDA 32806
SEC77ON 11, TOWNSHIP 20 SOUTH, RANGE 30 EAST
PHONE: 321.354.9826 FAx: 407.648.9104
WWW.DEWBERRY.COM
DATE 10/26/2021 PRW.. 50142417
CERTIFICATE OF AUTHORIZATION NO. LB 8011
REV DATE} DRAWN BY WS
SEMINOLE COUNTY FLORIDA
SCALE 1' = N/A CHECKED BY- WDD
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
CHORD
BEARING
Cl
8.55
15.00
323838"
8.43
N08'40'41 "E
C2
18.62
1200
88*53'16"
16.81
S192638"E
ci
11.55
39.00
1 1657'49"
11-50
SOO'50'16-W
C4
45.40
35.00
1 7479'11 -
4228
527'50'25-E
0 20 40
1 INCH = 40 FEET
LOT J,
LIVE OAK CENTER
(PB 62, PG 9)
LINE TABLE
LINE
BEARING
LO
Ll
PRC
30.00
L2
N65 00'00"W
5783
LJ
PT
45.00
L4 --
N65100100"If
34.21
L5
N25100`00"E
36.50
L=56.06' R=56.0'
h---57*21'22"
CB=NJ679'19'W-
L7
CH=53.75 jp
LINE TABLE
LINE
BEARING
LENGTH
Ll
S24*4420"W
30.00
L2
N65 00'00"W
5783
LJ
N25VO'00"E
45.00
L4
N65100100"If
34.21
L5
N25100`00"E
36.50
L6
S65*0000"E
24.00
L7
S2500'00"W
0.52
FT87
S6500'00E
1.45
LOT 1,
BOULEVARD PLAZA
SUBDIVISION REPLA T
(PB 81, PGS 62-65)
Lt(it-NU.
R48Y
RIGHT OF WAY
SKETCH OF DESCRIPTION
OFFICIAL RECORDS BOOK
PS
PLA T BOOK
PG(S)
PAGE(S)
SF
SQUARE FEET
AC
ACRES
0
DIREC17ON
NOTHING'ORS
NOTHING SET
PTzt
D5
PC
PC
PT PRC
L8 -i
24' CROSS ACCESS EASEMENT
(TO BE ABANDONED)
58, PG
. ± 0.15 ACRE
SHEET 3 OF 3
L2 Qw
(SEE SHEET I FOR DESCRIP77ON OF SKETCH)
i SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
POINT OF COMMENCEMENT
SKETCH OF DESCRIPTION
MOST EA S 7ERL Y CORNER OF L 0 T 1,
BOULEVARD PLAZA SUBDIWSION REPLAT
\
PREPARED FOR:
THERL Y LINE OF LOT 1
-8-0.0-0---T
Dewberry
L=78.53 W=
(TO BE ABANDONED)
-5674'38" CB=S35V557"E
CH=75.42p
WOOLBRIGHT
PTzt
D5
PC
PC
PT PRC
L8 -i
24' CROSS ACCESS EASEMENT
(TO BE ABANDONED)
58, PG
. ± 0.15 ACRE
SHEET 3 OF 3
L2 Qw
(SEE SHEET I FOR DESCRIP77ON OF SKETCH)
i SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
SKETCH OF DESCRIPTION
PREPARED FOR:
—OF—
Dewberry
(TO BE ABANDONED)
WOOLBRIGHT
DEVELOPMENT, INC.
CROSS ACCESS EASEMENT
131 WEST KALEY STREET
ORLANDO, FLORIDA 32806
SECTION 11, TOWNSHIP 20 SOUTH, RANGE 30 EAST
PHONE: 321.354.9826 FAX: 407.648.9104
WWW.DEWBERRY.COM
DATE 1012612021 PROD.- 50142417
CERTIFICATE OF AUTHORIZATION No. LB 8011
REV DA 7E.- DRAW BY- WS
SEMINOLE COUNTY FLORIDA
SCALE I' = 40' CHECKED BY WD
WS RM X
0-1 —r -
Item No.
CITY COMMISSION MEMORANDUM 22-015
JANUARY 10, 2022 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 Manager
SUBJECT: Vacation of a Cross Access Easement Located at 300 W. Lake Mary
Boulevard, Sanford Fl.
STRATEGIC PRIORITIES:
n Unify Downtown & the Waterfront
n Promote the City's Distinct Culture
n Update Regulatory Framework
F] Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A petition to vacate a cross -access easement as shown upon the plat for Boulevard Plaza
Subdivision Replat by the petitioner and owners of the property is Boulevard Plaza LLC, Soraya
Tyriver, VP., whose agent is Julie Kendig-Schrader of Greenberg Traurig, P.A., has been received.
FISCAL/STAFFING STATEMENT:
There is no fiscal impact associated with this item.
BACKGROUND:
The petitioner, in their efforts to develop the property, will need to vacate an existing cross -access
easement as shown on (Exhibit 'A') and more particularly described on the attached Sketch and
Description survey as prepared by Dewberry, dated August 12, 2021 and as recorded in Plat Book
58, Pages 47-48 of the official public records of Seminole County. As part of this approval, the
developer shall provide all necessary easements as required by the City for this redevelopment and
such easements shall be recorded simultaneously as may be required with the vacated easement as
stated above and more particularly described on the attached exhibits. The new granted
replacement cross -access easement from the petitioner shall be in the form as required by the City.
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 this request and has no legal objection to this matter.
The City Commission approved the first reading of Ordinance No. 4659 on December 13, 2021.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on December 29,
2021.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 2021-4659.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2021-4659."
Attachments: (1). Ordinance No. 2021-4659.
(2). Boulevard Plaza Subdivision Replat, as recorded in Plat Book 81, Pages 62-65.
(3). Exhibit 'A', Cross -Access Easement as recorded in Plat Book 58, Pages 47-48.
(4). Easement Sketch and Description dated, 8/12/2021.
21