4687 Vacate an E/W Utility Easement at 1100 East 1st StreetGRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT 8, COMPTROLLER
CFN# 2022052704 Bk:10230 Pg:1357-1362(6Pg-
REC: 05/02/2022 12:50:27 PIVI by cjones
RECORDING FEES $52.50
Ordinance No. 2022-4687
An ordinance of the City of Sanford, Florida vacating and abandoning
an existing east - west utility easement, 15' in width, generally located
at 1100 East First Street as recorded on Deed Book 1118, Page 1400,
Ordinance 1380 adopted on April 11th, 1977 as a result of a prior alley
1\19 vacate portion between and upon Lot I and 5 of Lot 9 of Block 1 at
Plat Book 8, Page 3 San Carlos Subdivision 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 east - west utility easement, 15' in width as recorded on
Deed Book 1118, Page 1400, Ordinance 1380 adopted on April 11 th, 1977 as a result of
a prior alley vacate portion between and upon Lot 1 and 5 of Lot 9 of Block 1 at Plat Book
8, Page 3 San Carlos Subdivision of the Public Records of Seminole County generally
located 1100 East First Street; and
Whereas, the utility easement is depicted on the attached Exhibit map which
exhibits hereto are attached and made a part hereof by this reference; and
Whereas, the City Commission finds that the vacating of said 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 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 portion/implementing actions.
(a). An existing east - west utility easement, 15' in width, generally located at
1100 East First Street as recorded on Deed Book 1118, Page 1400, Ordinance 1380
adopted on April 1 1th, 1977 as a result of a prior alley vacate portion between and upon
Lot 1 and 5 of Block 1 at Plat Book 8, Page 3 San Carlos Subdivision of the Public
Records of Seminole County and as depicted on the Exhibit map, is hereby vacated.
(b). As part of the requirements of this Ordinance, the owner agrees to provide
any required new utility easements as maybe required with any new development when
required by the City.
(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
2 1 P a g e
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 25th day of April, 2022.
Attest:
Traci Houchin, MMC, FCRr,,.-p
Approved as to form
and legal sufficiency.
<7
WiKarn L. Colbert, City Attorney
City Commission of the City of
3 1 N
EXHIBIT
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E 1ST ST
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1 30-19-31-507-OF00-0010
2 30-19-31-506-0100-0010
3 30-19-31-506-0100-0020
4 30-19-31-506-0100-0040
5 1 30-19-31-506-0100-0050
LAKE MONROE
EASEMENT VACATE
REQUEST
PROPERTY OWNER
SANFORD PROPCO LLC
BSC SANFORD LLC
BSC SANFORD LLC
BSC SANFORD LLC
NEW TRIBES MISSION INC
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PROPERTY ADDRESS
1080 E. 1 ST ST
1105 E. SEMINOLE BLVD
VACANT E. SEMINOLE BLVD
1100 E. 1ST ST
1090 E. 1 ST ST
ACRES
1.62
0.51
1.96
0.62
0.47
CITY OF
WS RM _X
SkNFORD
FLORIDA Item No. _L_�
CITY COMMISSION MEMORANDUM 22-120
APRIL 25,2022 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 ,ity ana
SUBJECT: Ordinance No. 2022-4687; Vacation; An e -west Utility Easement; 1100
East First Street
STRATEGIC PRIORITIES:
F] Unify Downtown & the Waterfront
F-1 Promote the City's Distinct Culture
F-] Update Regulatory Framework
Z Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Adoption of Ordinance No. 4687, to vacate an east -west portion of a utility easement locates at
1100 East First Street is requested.
FISCAL/STAFFING STATEMENT:
There is no fiscal impact associated with this item.
BACKGROUND:
The petition requests the City vacate an unopened east -west utility easement south of Seminole
Boulevard and north of West First Street and east of San Carlos Avenue and west of Mellonville
Avenue which is 15.0' feet in width and located upon Lots 1, and 5 as recorded upon Block I in
Plat book 1, Page 21 San Carlos Subdivision. The owners of the property which is subject to the
City's right-of-way interests is BSC Sanford LLC., whose managers are Calcada Bastos and Carlos
Alberto.
The owners of the property on which the 15' wide utility easement is located request the vacate
for development of the property. The owners do not intend to use the easement in the future, of
which is presently not in use and will not serve any future purpose of the City. The easement
contains no utilities and as such the developer will be required to provide any future easements as
required by the City and the completed development.
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 March 15, 2022, 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. 2022-4687, and has reviewed this request and has
no legal objection to this matter.
The City Commission approved Ordinance No. 2022-4687 on first reading on April 11, 2022.
The City Clerk published notice of the 2 nd Public Hearing in the Sanford Herald on March 30,
2022.
RECOMMENDATION:
City staff and the Administrative Official recommend that the City Commission adopt Ordinance
No. 2022-4687.
SUGGESTED MOTION:
I move to adopt Ordinance No. 2022-4687."
Attachment: (1). Ordinance No. 2022-4687 with exhibits.