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2038 -,-~ A CLERK OF C~-CU~T ~O~T RECORDED &VERIFIED ~,-'-:' '-j SE~"'HNOLE ,.,OU~.~ T ,~ 62527 28 PM 2= A ORDINANCE NO. 2038 AN 0RDINAN~ OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF T~T CERTAIN 30' RIGHT-OF-WAY LYING BETWEEN McCRACKEN RO~ A~ TUSKEGEE STREET AND LYING BETMEN ~RRY AVENUE EXTE~ED SOUTHERLY AND SCL RAILRO~ RIGHT-OF-WAY; PROVIDING FOR SEVERABILITY, CONFLICTS AND EF~CTIVE DATE. ~EREAS, the owners of that certain real property of a portion of a certain 30' right-of-way lying between McCracken Road and Tuskegee Street and lying between Jerry Avenue extended southerly and SCL railroad right-of-way applied to the City of Sanford, Florida, their application to have said property closed, vacated and abandoned; and ~EREAS, a public hearing was held on June 12, 1989, for consideration and determination as to whether or not the closing, vacating and abandoning of that street should be ~lowed;and MEREAS, the City Co~ission has determined that the closing, vacating and abandoning of that certain property does not conflict with the Comprehensive Plan of the City of Sanford, Florida, and that the public health, economy, comfit, order, convenience, and welfare will be promoted by such closing, vacating and abandoning. NOW, ~EREFORE, BEITENACTEDBYTHEPEOPLEOFTHECITY OF SA~ORD, FLORIDA: Section 1: That a portion of that 30' right-of-way lying betwe~ McCracken Road and Tuskegee Street and lying between JerryAvenueextendedSoutherlyandSCLR~lroad right- of-way, more particularly described as follows: That portion of a certain 30' wide right-of- way lying South of Block 88 (less the East 100 feet), North of the North 147.4 feet of Block 89 (less the East 100 feet), East of Smith Avenue and West of Seaboard System M~n Line, M.M. Smith's Subdivision in Section 26, To~ship 19 South, Range 30 East, as r~orded in Plat Book 1, Page 55 of the Public Records of Seminole County, Florida. be and the s~e is hereby closed, vacated and abandoned, provi~ng the city hereby reserves a utility easement over said property. SECTION 2: If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of this ordinance. SECTION 3: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 4: That this ordinance shall become effective immediately upon its passage and adoption. P~SED AND ~OPTED this ~6th day of June , A.D. 1989. ,. t t s he City Co~ission of he City of Sanford, Florida. CERTIFICATE I, Janet R. Donahoe, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 2038, PASSED ~D EOPTED by the City Comission of the City of Sanford, Florida, on the 26th day of June, 1989, was POSTED at the front door of the City Hall in the City of Sanford, Florida, on the 27th day of June, 1989. In witness whereof, I have hereunto set my hand and the official seal of the ~ty~%f Sanford, Florida, this 27th day of ~: ~ ~ O June, 1989 r~ of , the