4766 Vacate a north-south drainge-utility easement - 101 an 105 Specialty PointOrdinance No. 2024-4766
An ordinance of the City of Sanford, Florida vacating and abandoning
an existing north -south drainage and utility easement, 20' in width,
generally located at 101 and 105 Specialty Point as recorded on Plat
Book 69, Pages 12 and 13, between and upon Lot 1 and 2 on the plat
of Upsala Business Park, as recorded in the Public Records of
Seminole County; providing for legislative findings and intent;
providing for incorporation of exhibits; providing for the taking of
implementing administrative actions and owner agreements;
providing for conflicts; providing for severability; providing for
non -codification and providing for an effective date.
CIAWhereas, an application was filed with the City of Sanford to vacate a north -south
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w utility and drainage easement south of Specialty Point and north of St. Johns Parkway
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4o and east of Upsala Road and west of Codisco Way which easement is 20.0' in width; and
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Whereas, and located upon Lots 1 and 2, as recorded upon Plat Book 69, Pages
12 and 13 of the plat of Upsala Business Park, as recorded in the Public Records of
aSeminole County which property is generally located 101 and 105 Specialty Point and
o which lots are assigned Tax Parcel Identification Number 28-19-30-516-0000-0010 by the
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-a Seminole County Property Appraiser; and
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Whereas the applicant for this action is 100 Specialty , p p � p Y Point, LLC, whose
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managers are Robert Sebor and Rebecca J. Sebor and the limited liability company is
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also the owner of the subject Lots 1 and 2; and
Whereas, the drainage and utility easement is depicted on the attached exhibits
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° which are a City -prepared map and a Sketch and Description survey, dated December
20, 2023, prepared by McMahon Surveying and Mapping, LLC (Thomas J. McMahon,
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Florida Registered Land Surveyor Number 4887) which exhibits are hereby made a part
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hereof by this reference thereto; and
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GRANT MALOY, SEMINOLE COUNTY
-fl CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2024017944 Bk:10586 Pg:1566-1581(16Pgs)
REC: 02/28/2024 2:30:23 PM by jeckenroth
RECORDING FEES $137.50
a" 1 I Page
Whereas, the City Commission finds that the vacating of said drainage and utility
easement, as set forth in this Ordinance, will not operate to the detriment of the City or the
public; and
Whereas, the City Commission further finds that all other conditions required by
controlling law have been met.
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 the utility easement 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 Section 6.19 of the Land Development
Regulations of the City of Sanford.
Section 2. Vacation of easement portionlimplementing actions.
(a). The north -south utility and drainage easement located south of Specialty
Point and north of St. Johns Parkway and east of Upsala Road and west of Codisco Way,
which is 20.0' in width, and located upon Lots 1 and 2, as recorded in Plat Book 69, Pages
12 and 13, of the Public Records of Seminole County, constituting the plat of Upsala
Business Park, and generally located 101 and 105 Specialty Point as depicted on the
attached exhibits (City -created map and Sketch and Description) is hereby vacated.
21'
(b). As part of the requirements of this Ordinance, the applicant agrees to
provide any required new utility easements as maybe required in conjunction with any
new development when required by the City.
(c). The City Manager, or designee, is hereby authorized to execute the
documents necessary to implement the action taken herein.
Section 3. Recordation.
The City shall record this Ordinance in the Public Records (Land Records) of
Seminole County and the applicant has agreed to pay the costs thereof and expressed
their consent and desire to have this Ordinance recorded. All costs of the easement
vacation matters and the recording of this Ordinance shall be paid by the applicant upon
the City requesting payment of such costs.
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.
31
Section 7. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 26th day of February, 2024.
Attest:t� City Commission of the City of
Sanford
fiI] kt C':
Traci Houchin, MMC, FCRM Aoo&6ff
City Clerk Mayor
Approved as to form
and legal sufficiency.
illiam L. Colbert
City Attorney
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EXHIBIT "A"
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EASEMENT VACATE
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MAP PARCEL NO. PROPERTY OWNER PROPERTY ADDRESS ACRES
1 28-19-30-516-0000-0010 100 SPECIALTY POINT LLC 101 SPECIALTY PT 2.09
SKETCH AND DESCRIPTION
PART OF DRAINAGE AND UTILITY EASEMENT
TO BE VACATED
SHEET 1 OF 2
DESCRIPTION: PART OF EASEMENT TO BE VACATED
PART OF THAT CERTAIN 20.00 FOOT WIDE DRAINAGE AND UTILITY EASEMENT BEING A
PART OF LOTS 1 AND 2, UPSALA BUSINESS PARK, AS RECORDED IN PLAT BOOK 69,
PAGES 12 AND 13, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCE AT THE SOUTHEAST CORNER OF LOT 1 OF SAID UPSALA BUSINESS PARK;
THENCE N 00°14'56" W ALONG THE EAST LINE OF SAID LOT 1 A DISTANCE OF 10.00
FEET TO THE POINT OF BEGINNING, THENCE S 89045102' W A DISTANCE OF 10.00
FEET; THENCE N 00°1456' W A DISTANCE OF 202.00 FEET TO A POINT ON A NON
TANGENT CURVE TO THE LEFT WITH A RADIUS OF 120.00 FEET, A CHORD BEARING OF
N 74 *19'08' E, A CHORD LENGTH OF 20.75 FEET, AND A CENTRAL ANGLE OF 9°55'08 ";
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE FOR AN ARC LENGTH OF
20.77 FEET TO THE END OF SAID CURVE! THENCE S 00*14156' E A DISTANCE OF
207.52 FEET; THENCE S 89045102' W A DISTANCE OF 10.00 FEET TO
POINT OF BEGINNING,
CONTAINING 4088.9 SQUARE FEET, 0.094 ACRES
CERTIFIED TO: / HEREBY CERTIFY.•
DA TE• 12120123
SEMINOLE COUNTY THAT TS CH MEET
STANDARDS OFrPRACTICES THE SCALE: 1' = 40'
SET FORTH BY THE FLORIDA
BOARD OF LAND SURVEYORS /N JOB NO. SPEC/AL EASE
CHAPTER 5j-17, FLORIDA
ADMINISTRATIVE CODE. MCMAHON SURVEYING
Digitally signed AND MAPPING, LLC
Thomas McMahon Thomas McMahon 1690 TALL OAKS ROAD
Date: 2023.12.2011:07:49 05'00' DELAND, FLORIDA, 32720
PHONE 407-399-2044
THOMAS J. MCMAHON
FL REG LAND SURVEYOR 114887 CERTIFICATE OF AUTHORIZATION LB7434
SKETCH AND DESCRIPTION
PART OF DRAINAGE AND UTILITY EASEMENT
TO BE VACATED
CENTERLINE
SPEC
--- -� 31// N, LINE,
-- -- C � LOT 2
EXISTING 10.00'
I
DRAINAGE &
UTILITY EASEMENT 1,
N. LINE,
LOT 1
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L 0 T I Imo!
N 00' 14'56" W
202.00'
EAST LINE
OF LOT 1
S 89'45'02" W
10.00'
SHEET 2 OF 2
LEGEND
R/W
= RIGHT OF WAY
LB
= LICENSED BUSINESS
REG
= REGISTERED
P.O.C.
= POINT OF COMMENCEMENT
P.O.B.
= POINT OF BEGINNING
NO TES
BEARINGS BASED ON THE EAST LINE OF THE
LOT 1 AS BEING N 00014'56' W,
AN ASSUMED MERIDIAN.
2. SUBJECT TO EASEMENTS AND RESTRICTIONS
OF RECORD.
3, THIS IS NOT A SURVEY,
PART OF 20.00' WIDE DRAINAGE &
UTILITY EASEMENT TO BE VACATED
S 00' 14'56" E
207.52'
I
I
L 0 T 2
EXISTING 10,00'
DRAINAGE &
UTILITY EASEMENT
V-11
S 89'45'02 " W
10.00'
-----------
I�� N 00' 14 56" W 10.00'
-------- --- -- ------------- --
S. LINE,
P.O.B.P. 0. C. LOT 2
S. LINE, S.E. CORNER, LOT 1
LOT 1 UPSALA BUSINESS PARK,
PLAT BOOK 69, PAGES 12-13
4
N
0 10 20 40 80
GRAPHIC SCALE
MCMAHON SURVEYING
AND MAPPING, LLC
1690 TALL OAKS ROAD
DELAND, FLORIDA, J2720
PHONE 407-399-2044
CURVE
RADIUS
IARC LENGTH
ICRORD LENGTH
ICHORD BEARING
IDELTA ANGLE
C3
120.00'
20.77'
20.75'
N 74' 19'08" E
9'55'08"
MAFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
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www.sanfordn.gov
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
I. Ownership
1, Robert Sebor, as Manger of 100 Specialty Point, LLC , hereby attest to ownership of the property described below:
Tax Parcel Number(s): 28-19-30-516-0000-0010 & 28-19-30-516-0000-0020
Address of Property: 101 & 151 Specialty Point
for which this Development Plan Approval application is submitted to the City of Sanford.
II. Designation of Applicant's Agent (leave blank If not applicable)
As the owner/applicant of the above designated property for which this affidavit is submitted, I designate the below named individual
as my agent in all matters pertaining to the application process. In authorizing the agent named below to represent me, or my
company, I attest that the application is made in good faith and that all information contained in the application is accurate and
complete to the best of my personal knowledge.
Applicant's Agent (Print): Jack Reynolds Signature:
Agent Address: 312 Forest Ave Altamonte Springs, FL 32701
Email: jackreynoldsjhr@gmaii.com Phone: 407-262-9176 Fax:
III. Notice to Owner
A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require anew affidavit. If ownership
changes, the new owner assumes all obligations related to the filing application process.
B. If the Owner intends for the authority of the Applicant's Agent to be limited in any manner, please indicate the limitations(s)
below. (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc.)
The owner of the real property associated with this application or procurement activity is a (check one)
o Individual ❑ Corporation ❑ Land Trust ❑ Partnership It Limited Liability Company
❑ Other (describe):
1. List all natural persons who have an ownership interest in the property, which is the subiect matter of this petition, by name. and
address.
2. For each corporation, list the name, address, and title of each officer; the name and address of each director of the corporation;
and the name and address of each shareholder who owns two percent (2%) or more of the stock of the corporation. Shareholders
need not be disclosed if a corporation's stock are traded publicly on any national stock exchange.
3. In the case of a trust, list the name and address of each trustee and the name and address of the beneficiaries of the trust and the
percentage of interest of each beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the information
required in paragraph 2 above.
Name of Trust:
4. For partnerships, including limited partnerships, list the name and address of each principal in the partnership, including general
or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above.
5. For each limited Ilability company, list the name, address, and title of each manager or managing member; and the name and
address of each additional member with two percent (2%) or more membership interest. If any member with two percent (2%) or
more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information
required in paragraphs 2, 3 and/or 4 above.
Name of LLC: 100 Specialty Point, LLC
6. In the circumstances of a contract for purchase, list the name and address of each contract purchaser. If the purchaser is a
corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and/or 5 above.
Name of Purchaser:
Date of Contract:
NAME
TITLE/OFFICEITRUSTEE
OR BENEFICIARY
ADDRESS
% OF
INTEREST
Robes, LLC, a Florida limited liability company
Member
751 Cricklewood Circle, Lake Mary, FL
100*
Robert Sebor
Manager
751 Cricklewood Circle, Lake Mary, FL
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Rebecca J. Sebor
Manager
751 Cricklewood Circle, Lake Mary, FL
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*Robes LLC is owned as follows.
P.-s—F-1,TnutiLUNM.NI IS bw.Thnw.
751 Cricklewood Circle, Lake Mary, FL
50%of Robes LLC
Da"IMJSSW FW*Tn-I12ASM.evNWJ.etiv.Tm
751 Cricklewood Circle, Lake Mary, FL
50%of Robes LLC
(Use additional sheets for more space.)
7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shall be
disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains.
8. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. I
understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, special
exception, or variance involved with this Application to become void or for the submission for a procurement activity to be non-
responsive. I certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures
hPrPin
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Date
Ow , Agent, Applicant Signature
STATE OF FLORIDA
COUNTY OF
ce
Sworn to (or affirmed) and subscribed before me by 'Robert-Sebor, as Manger of 100 Specialty Point, LLC
on this day of September 12023
Sipe- U-M c�P �-(Otctyv -0-
Signature of Notary Public
Personally Known OR Produced Identification _
Type of Identification Produced
Print, Type or Stamp Name of Notary Public
Affidavit at Ownership - January 2015
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Document Name.-San-6dV ( O� rs� rrp
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State of Florida lurat Notary Certificate
STATE OF FLORIDA
COUNTY OF SEMINOLE
Sworn to (or affirmed) and subscribed by person Ily appearing before me by physical presence this
day of MyyJa�r- , 202 ' by,
JULIE M. BOWEN
A Notary Public, State of Florida
Commission# GG 948694
My comm. expires Feb. 7, 2024
Official Seal
� YY`
(Signature of notary public)
&), A�—�t
(Name of notary public)
My commission expires:
Personally known O�D L-
Produced identification Type of identification produced:
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Business Impact Estimate
This form should be included in agenda packet for the item under which the proposed ordinance
is to be considered, and must be posted on the City's website by the time notice of the proposed
ordinance is published.
Ordinance No. 4766:
100 Specialty Point, LLC; Vacation Of Drainage and Utility Easement; 101 And 105
Specialty Point
The City is of the view that the following exception(s) to the Business Impact Estimate
requirement, that are checked off in a box below, apply to the above -referenced proposed
ordinance. Although, the City is implementing the procedure required by statutory law to
ensure that no inadvertent procedural issue could impact the enactment of the proposed
ordinance.
❑x The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant, or other
financial assistance accepted by the
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement; or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
1IPage
In accordance with the provisions of controlling law, even notwithstanding the fact that,
an exemption noted above may apply, the City hereby publishes the following information:
1. Summary of the proposed ordinance (must include statement of the public purpose,
such as serving the public health, safety, morals, and welfare):
The proposed ordinance is intended to vacate a north -south drainage and utility easement
relating to Lots 1 and 2 of the plat of Upsala Business Park.
2. Estimate of direct economic impact of the proposed ordinance on private, for -profit
businesses in the City:
There appears to be no viable or direct economic impact by this action as a result of this
easement vacate.
3. Estimate of direct compliance costs that businesses may reasonably incur:
The applicant will be responsible for all recording and City fees.
4. Any new charge or fee imposed by the proposed ordinance:
N/A
5. Estimate of the City's regulatory costs, including estimated revenues from any new
charges or fees to cover such costs:
N/A
6. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
It is anticipated that the property owner will be most impacted.
7. Additional information
Not applicable.
2 1 P a g e
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CITY OF Item No. c1 • e)
SANFORD
FLORIDA
CITY COMMISSION MEMORANDUM 24- 057
FEBRUARY 26, 22024 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Owen Christopher Smith, Project Planner
SUBMITTED BY: Norton N. Bonaparte Jr., ICMA-CM, City
SUBJECT: Ordinance No. 2024-4766; 100 Specia omt LLC• acation of Drainage
and Utility Easement; 101 And 105 pecialty Poin
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
® Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Adoption of Ordinance No. 2024-4766 relating to an application to vacate a north -south drainage
and utility easement relating to Lots 1 and 2 of the plat of Upsala Business Park is requested.
FISCALISTAFFING STATEMENT:
There is no fiscal impact associated with this item.
BACKGROUND:
The application under consideration requests the City to vacate a north -south drainage and utility
easement which was dedicated in Plat Book 69, Pages 12 and 13, in the plat of Upsala Business
Park. The property is located south of Specialty Point and north of St. Johns Parkway and east of
Upsala Road and west of Codisco Way and is 20.0' in width and located upon Lots 1 and 2 of the
plat.
The applicant is 100 Specialty Point, LLC, whose managers are Robert Sebor and Rebecca K.
Sebor which limited liability company is also the owner of Lots 1 and 2. The owner does not
intend to use the easement in the future and the area is not presently in use and will not serve any
future purpose of the City. The area contains no utilities and development of the lots may result in
a requirement to provide any needed easements. That requirement is noted in Ordinance No. 2024-
4766.
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 regarding 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 January 15, 2024, 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 the agenda materials and has no legal objection to this matter.
The City Commission approved the first reading of Ordinance No. 4766 on February 12, 2024.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on February 14,
2024.
RECOMMENDATION:
It is staff s recommendation the City Commission adopt Ordinance No. 2024-4766.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2024-4766."
Attachment: Ordinance No. 2024-4766 with exhibits.