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3959 ORDINANCE NO. 3959 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING THAT CERTAIN NORTHERN PORTION OF LOWE AVENUE LYING BETWEEN SR 417 AND OREGON AVENUE AND BETWEEN DERBY PARK AND RINEHART ROAD, RESERVING A UTILITIES EASEMENT OVER.TvHE ENTIRE PORTION OF THE VACATED RIGHT-OF WAY; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, an application has been filed with the City of Sanford to close, vacate and abandon a certain northern portion of Lowe Avenue lying between SR417 and Oregon Avenue and between Derby Park and Rinehart Road; and WHEREAS, a public hearing was held on October 24, 2005 for consideration and determination as to whether or not the closing, vacating and abandoning of that certain northern portion of Lowe Avenue lying between SR 417 and Oregon Avenue and between Derby Park and Rinehart Road should be approved; and WHEREAS, the City Commission has determined that the closing, vacating and abandoning of that certain portion of the right-of-way for Lowe Avenue 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 certain northern portion of Lowe Avenue lying between SR 417 and Oregon Avenue and between Derby Park and Rinehart Road, more particularly described as follows: THAT PORTION OF LOWE AVENUE LYING NORTH OF THE SOUTH LINE OF LOT 8, PINE LAKE GROVES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 27 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND LYING SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NUMBER 417, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF LOT 8, PINE LAKE GROVES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 27 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND RUN N 01 ° 00' 58" E, ALONG THE WESTERLY RIGHT OF WAY LINE OF LOWE AVENUE 225.68 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NUMBER 417; THENCE RUN S 89° 17' 31" E, ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 60.00 FEET TO AN INTERSECTION POINT OF STATE ROAD NUMBER 417 AND THE EASTERLY RIGHT OF WAY LINE OF SAID LOWE AVENUE; THENCE LEAVING SAID STATE ROAD NUMBER 417 RUN S 01 ° 00' 58" ALONG THE SAID EASTERLY RIGHT OF WAY LINE OF LOWE AVENUE 225.17 FEET; THENCE RUN N 89° 46' 37" W 60.00 FEET TO THE POINT OF BEGINNING. be and the same is hereby closed, vacated, and abandoned, however, reserving a utilities easement over the same, with the property owner granting said easement to the City of Sanford. 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. PASSED AND ADOPTED this /~ day of~ ~ ,A.D. 2005. -2- ORDINANCE NO. 3959 ATTEST: ~'anet R. Dougherty, C~y Clerk City Commission of the City of Sanford, Florida Linda Ku~n, Mayor CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 3959 PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the J/-~ day of ~'~ ~, 2005, was posted at the front door of the City Hall in the City of Sanford, Florida, on the //~day of L~ ~, 2005. As the City Clerk of the C(~ ~' of Sanford, Florida .=,_ ORDINANCE NO. 3959 RIGHT OF WAY VACATE REQUEST Bentley Derby Park The Retreat at Twin Lakes Townhomes ~ Greystc Townhomes J NORTH PROPERTYLD.# 32-19-30-501-0000-0090 PROPERTY OWNER SEMINOLE COUNTY SCHOOL PROPERTY ADDRESS ZONING 1720 LOWE AVE AG 32-19-30-501-0000-0080 32-19-30-501-0000-007A BOARD CHICK ARTHURJ& ERMA H SANFORD CiTY OF 1700 LOWE AVE AG 1801LOWE AVE AG