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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