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Ordinance No. 2023-4731
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An ordinance of the City of Sanford, Florida vacating and abandoning
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a north -south eastern portion of Laurel Avenue right-of-way which is
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1.0' feet in width and 62.0' feet in length and generally located at 410
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West 4th Street and located between 3rd Street and 4th Street and
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between U.S. Highway 17/92 and South Elm Street and platted as part
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of E.R. Trafford's Map of the Town of Sanford; providing for
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legislative findings and intent; providing for attachments and
incorporation of exhibits; providing for the taking of implementing
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administrative actions; providing for conflicts; providing for
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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 eastern portion of Laurel Avenue right-of-way,
1.0' in width and 62.0' in length, located between 3rd Street and 4th Street and generally
located at 410 West 4th Street; and
Whereas, the petitioner/applicant is Kenneth I. Feldman who is the sole
manager of Kenira Sanford 410W4, LLC; and
Whereas, the subject minor north -south eastern portion of Laurel Avenue
right-of-way is an improved right-of-way which was platted as part of the E.R. Trafford's
Map of the Town of Sanford as recorded in Plat Book 1, Page(s) 56-64 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
Whereas, the City Commission finds that the vacating of said portion of the
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
Whereas, the City Commission further finds that all other conditions and
procedures required by controlling law have been met relative to the advertising and
processing of this Ordinance.
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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 the provisions of Section 6.19 of the Land
Development Regulations of the City of Sanford.
Section 2. Vacation of right-of-way/implementing actions.
(a). A minor north -south eastern right -of way portion of Laurel Avenue, 1.0' in
width and 62.0' in length, located between 3rd Steet and 4th Street and generally located at
410 West 4th Street, which was platted as part of E. R. Trafford's Map of the Town of
Sanford as recorded in Plat Book 1, Page(s) 56-64, is hereby vacated.
(b). 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.
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(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.
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 10th day of April, 2023.
Attest:
Traci Houchin, MMC, FC
City Clerk
Approved as to form
and legal sufficiency.
William L. Colbert
City Attorney
City Commission of the City of
Sanford, Florida
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31Page
SKETCH OF DESCRIPTION EXHIBIT 'A'
RIGHT-OF-WAY VACATE
SECTION 25, TOWNSHIP 19 SOUTH, RANGE 30 EAST
THE=OFSANFORD, SEMINOLE COUNTY, FLORIDA
DESCRIPTION,•
Commence at the Southwest comer of Lot 10, Block 5, TIER 7, E. R. TRAFFORDSMAP OF THE TOWN OFSANFORD, according to
the plat thereof, as recorded in P/at Book 1, Pages 56 through 64, of Me Public Records of Seminole County, Florida and nm
N 00°00:73"E along the West line of said Lot 10, a distance of 14.06 feet to the Point ofBeginning; thence continue N 00°00:33"E
along said West line and also the West line of Lot 9, Block 5, TIER 7, ofsaid E.R. TRAFFORDSAMP OF THE TOWN OF.SANFORD,
62.00 feet; thence leaving said Westhne run N 8905523" W, 1.00 feet; thence run S 0000033" Wparallel with the West line of
said Lots 9 and 10, a distance of 6200 feet; thence run S 8905523'E, a distance of 1.00 feet to the Point ofBeginning:
Containing 62.00 square feet or 0.0014 Aoe,
SURVEYORS NOTES.'
1) This is not a survey, fie sketr h and description shown hereon were prepared from ofTice records, notes, plats and and previous
surveys and has not been field verified,
2) The surveyor has not abstracted the land shown hereon h7r easements, rights-of-way or any other matter of record which may
affect the use or fide of this land.
3) The bearing structure is assumed based on the Southerfy line of Lots 9 and 10 being N 00°0033"E.
4) AU recording information refers to the Public Records ofSerrhinole County, Florida unless otherwise specified
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ABBREVIATIONS LEGEND.,
(A). ........ .ACIUAL MEASUREMENT LB. ......... CORPORA770W LIC1%SENUMBER
¢........... CERE? LINE LB.220.... CURPORA TEREGZ7RA7TONNUMBER
I.Q,.......JDENTIFICAT7O?V OF THE DOWNEYCOMPANIES, INC
IRON ...... IROW84RSET ORFOUNDASNOTED (P), ......... PLAT7EDMEASUREMENT
RIIW........ RIGHT-OF-WAY
CONCRETE
DRIVE WA Y
LB 220 I.D. CAP
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N8905751"E 116.95'
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SKETCH OF DESCRIPTION 1EXHIBIT "B"
RIGHT-OF-WAY VACATE
SECTION 25 TOWNSHIP 19 SOUTH, R4NGE30 EAST
THE CITY O7SANFORD, SEMINOLE COUNTY, FLORIDA
SURVEYORS NOTES.•
1) This is not a survey. The sketch and desaiption shown hereon were prepared from office records, notes, plats and and previous
surveys and has not been field verified.
2) fie surveyor has not absbacted the land shown hereon for easements, nghts-of--way or any other mattes of record which may
affect the use or title of this land.
3) The bearing structure is assumed based on the Westerly line of Lots 5 and 6 as being N 00400033"E
4) All recording information refers to the Public Records of Seminole county, Florida unless otherwise speafied.
ABBREVIATIONS LEGEND.•
(A). ........ .AC7UAL MEASUREMENT
LD ......... IDEN7717C4 TION
IRON....... IRON BAR SET OR FOUND AS NOTED
Nag ss2r• w LB. ......... CORPORA 77ON LICENSE NUMBER
1' LB.220.... CORPORA TFREGISTRAT7ONNUMBER OF
DOUONEYSURVEYORS, INC.
(P). ......... PLA TTED ME4S0REMBVT
RIW........ RIGh?-0FWAY
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LE 220 IRON AND CAP S69 -5751"W 116.95'(A) 117(P)
W. 4TH STREET 66' PLA TTED R/W
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DOUDNEY FIILD X151 �*� - - 10 Feb. 2023
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amara m PAGE 2 OF 2 JOB NO. 12-14
Inc.PB0)X I01VIL SURPBYORS AO JWPLU 200 EAST COJf1®P= S7WT SANMRD, FLORIDA 32771 (407) 322-1451
EXHIBIT "A"
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MAPI PARCEL NO. PROPERTY OWNER PROPERTY ADDRESS ACRES
1 25-19-30-5AG-0507-0080 KENIRA SANFORD410W4 LLC 410 W. 4TH ST 0.30
C/O KENIRASANFORD41OW LLC
CITY OF
' -: SANFORD
FLORIDA
CITY COMMISSION MEMORANDUM 23-070
APRIL 10, 2023 AGENDA
To:
PREPARED BY:
SUBMITTED BY:
SUBJECT:
WS RM X
Item No. 01 • tJ
Honorable Mayor and Members of the City Commission
Owen Christopher Smith, Project Planne
Norton N. Bonaparte Jr., ICMA-CM-,-Citynag
Ordinance No. 2023-4731; Vacation; Portion o aurel Avenue;
410 West 4 1 Street
STRATEGIC PRIORITIES:
Unify Downtown & the Waterfront
Promote the City's Distinct Culture
Update Regulatory Framework
Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Approve a petition to vacate a north -south portion of Laurel Avenue right-of-way, which is 1.0'
feet in width and 62.0' in length along the east side of Laurel Avenue, and located between 3`d and
4th Street generally located at 410 West 0' Street, is requested.
FISCAL/STAFFING STATEMENT:
There is no fiscal impact associated with this item.
BACKGROUND:
The petitioner is Kenneth L. Feldman, sole manager of the owner of the property which is Kenira
Sanford 410W4, LLC.
The petition requests that the City vacate a minor portion of an encumbered building encroachment
in and on the eastern right-of-way of Laurel Avenue, 1.0' feet in width and 62.00' feet in length,
located upon Lot 9 and 10 as platted and recorded at Plat Book 1, Pages 56-64, E.R. Trafford's
Map of The Town of Sanford, and generally located between 3`d and 4"h Street at 410 West 40'
Street.
Mr. Feldman requests this action to better improve and develop the parcel and to remove a cloud
on the title relative to the property, which hinders financing and development opportunities. The
right-of-way proposed to be vacated, does not serve any future purpose of the City, contains no
utilities and would not appear to adversely affect the City.
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 1, 2023 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. 2023-4731 and has no legal objection to this matter.
The City Commission approved the first reading of Ordinance No. 2023-4731, on March 27, 2023.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on April 2, 2023.
RECOMMENDATION:
City staff and the Administrative Official recommend that the City Commission adopt Ordinance
No. 2023-4731.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2023-4731."
Attachment: Ordinance No. 2023-4731 with exhibits.