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1855 t81a 0958 This instrument was prepared by: City Att~E~0[E~l~Li. am L. Colbert; P. O. Box 1778; Sanford, Florida 32771. ORDINANCE NO. 1855 ' AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF FIFTH STREET LYING BETWEEN PERSIMMON AVENUE AND POMEGRANITE AVENUE AND A PORTION OF POMEGRANITE AVENUE LYING BETWEEN THE SEABOARD COASTLINE RAILROAD RIGHT-OF-WAY AND THE SOUTHWEST CORNER OF THE ALLEY BETWEEN WEST 4TH STREET AND WEST 5TH STREET, RESERVING A UTILITY EASEMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREASr the owners of that certain real property abutting that portion of Fifth Street lying between Persimmon Avenue and Pomegranite Avenue and a portion of Pomegranite Avenue the Southwest corner of the alley between West 4th Street and West 5th Street, applied to the City of Sanford, Florida, their application to have said property closed, vacated and abandoned; and WHEREAS, a public hearing was held on December 22, 1986, for consideration and determination as to whether or not the closing, vacating and abandoning of that certain portion should be allowed; and WHEREAS, the City Commission 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, comfort, order, convenience, and welfare will be promoted by such closing, vacating and abandoning. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: Section 1: That a portion of Fifth Street lying between Persimmon Avenue and Pomegranite Avenue and a portion of Pomegranite Avenue lying between the Seaboard Coastline Railroad Right-of-Way and the Southwest corner of the alley between West '° .,- ~ "'""gOK - 18t3 0959 5~M!NOLE S& FL. ~th Street and West 5th Street, more particularly des,C~ibed as follows: Fifth Street from ~asterly Right-of-Way line of Persimmon Avenue to Westerly Right-of-Way line of Pomegranite Avenue. AND Pomegranite Avenue from Southerly Right-of- Way line of that certain East/West alley extended Easterly lying between Fourth Street and Fifth Street, and the Northerly Right-of- Way line of Seaboard Coastline Railroad Right-of-Way; be and the same is hereby closed, vacated and abandoned, providing, however, that 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 unconstitu- tional, 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. PASSED AND ADOPTED this 26th day of January , A.D. 1987. MAYOR '~~ (~' ~j ATTEST: ·