2492 DO 23-40 Relating to Easement TerminationPrepared by and return to:
Eileen Hinson, AICP
Planning Director
City of Sanford Planning and Development Services
City Hall, 300 North Park Avenue
Sanford, Florida 32771
Tax Parcel Identification Number: 25-19-30-502-0000-0050
Fi I e#: 23-004743
Permit #: VRE23-000004
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2023063125 Bk:10470 Pg:1369-1374(6Pgs)
REC: 07/11/2023 10:14:19 AM by smaguire
RECORDING FEES $52.50
DEVELOPMENT ORDER NO. 23-40
ISSUED BY ADMINISTRATIVE OFFICIAL
RELATING TO EASEMENT TERMINATION
On July 5, 2023, the Administrative Official of the City of Sanford (City), Eileen Hinson,
AICP, Planning Director, acting under the authority of Section 3.1 of Article III of the
City's Land Development Regulations (LDRs), issued this Development Order relating
to and touching and concerning a City -owned easement interest which lies upon,
encumbers and which consists of a part of the property assigned Tax Parcel
Identification Number 25-19-30-502-0000-0050 by the Seminole County Property
Appraiser which property is referred to hereinafter as the "Subject Property" as well as
touches and concerns the Subject Property itself.
FINDINGS OF FACT
Property Owner: My Real Estate Development LLC, formerly known as
Quality Real Estate Developers, L.L.C.
130 Lexington Green Lane
Sanford, Florida 32771
Applicant: Morry Osborn, Esquire
Nelson Mullins
390 North Orange Avenue
Suite 1400
Orlando, Florida 32801
Project: Administrative interpretation and adjudication of the City's LDRs and
determination thereunder, with regard to the termination of the City's easement interests
IIPage
in an easement which is partially located on the Subject Property and partially located
on City -owned real property (and merged into the City's fee interest by operation of law)
which easement is recorded at Official Records Book 1681, Page 1142 to Page 1143 of
the Public Records of Seminole County, Florida.
Requested Development Approval/Facts: The City -owned property abuts and
connects to the Subject Property which real property is platted within, or proximate to,
the subdivision of Lake Monroe Industrial Park, as recorded at Plat Book 14, Page 29 of
the Public Records of Seminole County, Florida. A sketch showing the location of the
easement area and the City -owned and Subject Property is attached. The City was
granted an easement in 1985 which easement is recorded at Official Records Book
1681, Page 1142 to Page 1143 of the Public Records of Seminole County, Florida.
The easement neither serves or benefits or potentially serves or benefits any other
property aside from the Subject Property the use of which is not necessary for its
development purposes and the easement area within the Subject Property is not
needed by the City for any public purpose and, in any event, to the extent the easement
is located within the City -owned property, the easement has merged into the City's fee
interest in the abutting City -owned property.
CONCLUSIONS OF LAW
(a). Section 6.19 of the City's LDRs normally controls the vacation of rights-of-
way and easements, but, in this case, inasmuch as the City's easement interests have
merged into its fee interest and the Subject Property's encumbrance by the easement
serves no public purpose; this matter can be appropriately resolved in the context of the
development of the Subject Property. Accordingly, the action taken herein is appropriate
2 1 P a - e
and warranted.
(b). This approval is consistent with the requirements, intents and purposes of
the City's LDRs and sound and generally accepted land use planning practices and
principles.
(c). Additionally, this approval is hereby found and determined to be consistent
with the City of Sanford Comprehensive Plan.
(d). The applicant has proven the necessary requirements such as to be
entitled to the approval authorized under the controlling provisions of the City's LDRs.
(e). Development of the Subject Property shall be consistent with and in
compliance to applicable land development regulations and all other applicable
regulations and ordinances as set forth in the Code of Ordinances of the City of Sanford
and of the City's LDRs and the prior development approvals that are pertinent hereto, if
any.
ORDER
NOW, THEREFORE, IT IS ORDERED THAT:
(1). The aforementioned application for development approval is APPROVED
and it is found, determined, concluded and adjudicated that the City's easement
interests, as noted above, are terminated within the Subject Property.
(2). This Development Order touches and concerns the aforedescribed
Subject Property and the City -owned property.
(3). To the extent that a finding of fact may constitute a legal conclusion, or
vice versa, they shall be treated as such.
(4). With regard to the Subject Property, the City will enter subsequent
3 1 P a - e
development permits and development orders solely based upon the application of the
goals, objectives and policies set forth in the City's Comprehensive Plan and the land
use regulatory provisions of the City's LDRs.
(5). The Property Owner's consent is not required to implement the provisions
of this Development Order.
Done and Ordered on the date first written above.
ATTEST.
//,Wz � -
KaylCochran
Plan ing Clerk
4 1 P a g c
ADMINISTRATIVE OFFICIAL
Eileen Hinson, AICP
Director of Planning
Planning and Development Services
Department
SKETCH OF DESCRIPTION
SHEET 1 OF 2
TERMINATED EASEMENT DESCRIPTION (PREPARED BY SURVEYOR)
BEGIN AT THE NORTHEAST CORNER OF LOT 7, LAKE MONROE INDUSTRIAL PARK, AS RECORDED IN
PLAT BOOK 14, AT PAGE 29 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, THENCE,
S00°14'34"E, ALONG THE EAST LINE OF SAID LOT 7, A DISTANCE OF 14.00 FEET., THENCE
S89°55'22"W A DISTANCE OF 130.34 FEET, THENCE N00°14'34"W, A DISTANCE OF 14.00 FEET TO THE
NORTH LINE OF THE AFOREMENTIONED LOT 7 OF LAKE MONROE INDUSTRIALPARK, A DISTANCE OF
130.34 FEET, TO THE POINT OF BEGINNING.
CONTAINING THEREIN 1,825 SQUARE FEET MORE OR LESS.
SURVEYOR'S NOTES:
1. BEARINGS ARE BASED ON THE MONUMENTED NORTH R/W LINE OF FULTON STREET, AS S 89°42'19" W,
ASSUMED.
2. PURPOSE OF THIS TERMINATING EXHIBIT IS FOR THE TERMINATION OFA PORTION OF THE 14'
EASEMENT TO THE CITY OF SANFORD RECORDED IN O.R. B. 1681, PG.1142, OF THE PUBLIC RECORDS
OF SEMINOLE COUNTY, FLORIDA.
3. PARCEL ID. AND OWNERSHIP TAKEN FROM SEMINOLE COUNTY PROPERTYAPPRAISER WEB SITE ON
JUNE 28, 2023.
4. THIS IS NOTA FIELD SURVEY
SURVEYOR'S CERTIFICATION:
THE UNDERSIGNED, BEING A REGISTERED SURVEYOR OF THE STATE OF FLORIDA, CERTIFY TO: 3RD WAVE
DEVELOPMENT, LLC, a Florida limited liability company, THAT: THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS
OF PRACTICE SET FORTH IN CHAPTER 5J-17.051 AND 5J-17.052 FLORIDAADMINISTRATIVE CODE PURSUANT TO FLORIDA
STATUTE 472.027.
MICHAEL RUDD &ASSOCIATES, LLC
Florida Licensed Business L.B. 8067
Digitally signed by Michael T Rudd
DN: c=US, o=Florida,
Michael T Rudd dn0ualicr 01410C00000186EF4C59FD00
0202D7,, cn=Michael T Rudd
Date: 2023.06.29 18:06:55 -04'00'
M L T. RUDD, PLS
LAND SURVEYOR REGISTRATION NO. 3960
NOT VALID WITHOUTTHE RAISED EMBOSSED SEAL OF THE SIGNING SURVEYOR THE SEALAPPEARING WAS
AUTHORIZED BY MICHAEL T. RUDD, PLS]
THIS ITEM HAS BEEN ELECTRONICALLY SIGNED & SEALED BY MICHAEL T. RUDD, FLORIDA LICENSED SURVEYORAND
MAPPER ON THE DATE AND TIME SHOWN. PRINTED COPIES OF THIS DOCUMENTARE NOT CONSIDERED SIGNED &
SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES.
SHEET NOT COMPLETE WITHOUT REFERING TO SURVEYOR'S SKETCH ON SHEET 2 OF 2
CHECKED: MTR
NOTA SURVEY
DRAWN: SDB
WWWAffCHAELTRUDD.COM
1210 BAHAMA DRIVE,
DATE: 6/28/2023
ORLANDO,FL32806
TERMINATING
SCALE N/APHONE.-
407-342-0676
michacl@mic6aeltrudd.com
EXHIBIT
FOR:
3RD WAVE
SURVEYOR & MAPPER SINCE 1982
DEVELOPMENT, LLC
Commercial Land Title Surveying- Platting - Lot Split - Site Plans & Expert Witness
PROJ NO. R99-539-10
SKETCH OF DESCRIPTION
0
PARCEL ID. 25-19-30-502
POINT OF BEGINNING
N.E. CORNER LOT 7
LAKE MONROE INDUSTRIAL
PARK (P. B. 94, PG. 29)
N. LINE LOT 7 LAKE MONROE INDUSTRIAL PARK
(P.B. 14, PG. 29)
Abbreviations
° - Degrees
- Minutes when used in a bearing
"- Seconds when used in a bearing
Feet when used in a distance
"- inches when used in a distance
f - More or less (or Plus or Minus)
LB - Licensed Business
PLS - Professional Land Surveyor
ORB - Official Records Book
PG - Page
S. R. - State Road
R/W - Right -of -Way
N - NORTH
P.B. - PLAT BOOK
ID. - IDENTIFICATION
NE -NORTHEAST
LAKE
0
r.-
0
0
0
o 0
Of o
of O N
wrL 0
oz
o
ow m
LLJ O
I— � N
U
:3 U
J
w
U
a
SHEET 2 OF 2
0-0050
LOT 6
LL)
z_
J
LU O
L4
L2
ZTO BE TERMINATED
14' EASEMENT TO CITY OF SANFOR
(O.R.B. 1681, PG.1142)
MONROE INDUSTRIAL PAR
(P.B. 14, PG. 29)
LOT 7
PARCEL ID. 25-19-30-502-0000-0050
LINE TABLE
LINE
BEARING
DISTANCE
L1
S 00014'34" E
14.00'
L2
S 89055'22" W
130.34'
L3
N 00014'34" W
14.00'
L4
N 8905522" E
130.34'
SHEET NOT COMPLETE WITHOUT REFERING I TO SURVEYOR'S NOTES AND LEGAL ON SHEET 1 OF 2
CHECKED: MTR
NOTASURVEY
DRAWN: SDB
WWW.MICHAELTRUDD.COM
1210 BAHAMA DRIVE,
DATE: 6/28/2023
ORLANDO, FL 32806
TERMINATING
SCALE: 1 "= 40'
PHONE.' 407-342-0676
rnichael@michaeltrudd.com
EXHIBIT
FOR:
3RD WAVE
SURVEYOR & MAPPER SINCE 1982
DEVELOPMENT, LLC
Commercial Land Title Surveying- Platting - Lot Split - Site Plans & Expert Witness
PROJ No. R99-539-10
Y OF
S-�NFORD
PLANNING & DEVELOPMENT a
SERVICES DEPARTMENT
PLANNING AND DEVELOPMENT DEPARTMENT
TRANSMITTAL, MEMORANDUM
To: City Clerk
RE: For Safe Keeping
RE: DO 23-40 — Easement Termination—Parce325-19-30-0000-0050
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑
Development Order
❑
Mayor's signature
❑
Final Plat (original mylars)
❑
Recording
❑
Letter of Credit
❑
Rendering
❑
Maintenance Bond
®
Safe keeping (Vault)
❑
Ordinance
❑
Deposit Funds
❑
Performance Bond
❑
Agreement
❑
Resolution
❑
P.O, Requisition
Once completed, please:
❑ Return original(s)
❑ Return copy
❑ Return Both Originals
Special Instructions: _
Please advise if you have any questions regarding the above.
Thank you!
(000�00"
From
Owen Christopher Smith
AKA: Mr. Wonderful@
T:\Dept_forms\Transmittal fomi
07/11/2023
Date