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3798Ilillllllllllillllllllllil ORDINANCE NO. 3798 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING EASEMENTS AND ALLEYVVAYS LOCATED IN AND AROUND GABBETT STREET (F.K.A. WATER STREET) AND MYRTLE AVENUE, LOCATED BETWEEN SEMINOLE BOULEVARD W. AND FULTON STREET AND BETWEEN ELM AVENUE EXTENDED NORTHERLY AND PARK AVENUE N.; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, an application has been filed with the City of Sanford to close, vacate and abandon easements and alleyways located in and around Gabbett Street (f.k.a Water Street) and Myrtle Avenue, located between Seminole Boulevard W. and Fulton Street and between Elm Avenue extended northerly and Park Avenue N., in the City of Sanford, Florida; and WHEREAS, a public hearing to be held on July 28, 2003,for consideration and determination as to whether or not the closing, vacating and abandoning easements and alleyways located in and around Gabbett Street (f.k.a. Water Street) and Myrtle Avenue, located between Seminole Boulevard W. and Fulton Street and between Elm Avenue extended northerly and Park Avenue N., 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: FILE NUll ;~00~1~.1512 OR BOO;~ 049~ PAGE 1710 SECTION 1: That the easements and alleyways located in and around Gabbett Street (f.k.a. Water Street) and Myrtle Avenue, located between Seminole Boulevard W. and Fulton Street and between Elm Avenue extended northerly and Park Avenue N., in the City of Sanford, more particularly described as follows: SEE ATTACHED EXHIBIT "A" & "B" be and the same is hereby closed, vacated, and abandoned, however, reserving unto the City of Sanford, the existing utility lines within the subject right-of-way subject to the granting unto the City a fifteen (15) foot easement over the existing water and wastewater mains in the right-of-way and a thirty (30) foot drainage easement, centered over the existing stormwater mains; provided, further that no buildings or other structures be allowed to be constructed over these existing City owned utilities and any such use or development is hereby prohibited and such prohibition shall also be included in each grant of easement. 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 -2- ORDINANCE NO. 3798 FILE NUN ~8~31~15l~ OR BDI]N 0~96~ PAGE 1711 passage and adoption. PASSED AND ADOPTED this ~'ITY CLERK day of ~r~'/~~- , A.D. 2003. U As/t~ne Cit~, of Sanford, Florida 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. 3798 PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the/'~-~ day of '~/ ~ , 2003, was posted at the front door of the City Hall in the City of Sanford, Florida, on the/'~day of ~.~/J~.~ . 2003. As t~e City Clerk of the (~J~y ~' of Sanford, Florida EXHIBIT "A" GABBETT STREET (F.K.A WATER STREET) ALL OF GABBETT STREET, A 66 FEET RIGHT-OF-WAY (F.K.A. WATER STREET), LYING EAST AND WEST OF MYRTLE STREET (60 FEET OCCUPIED RIGHT-OF-WAY), E.R. TRAFFORD'S MAP OF TOWN OF SANFORD, AS RECORDED IN PLAT BOOK 1, PAGES 56 THROUGH 64, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. AND; PARCEL 25-19-30-5AG-1N05-006A IN R-O-W GABBETT STREET (F.K.A. WATER STREET) BEGIN 33. FEET NORTH + 14 FEET EAST OF NORTH EAST CORNER OF LOT 6 BLOCK "IN" TIER 5 RUN NORTH 33 FEET, WEST 7 FEET, SOUTH 33 FEET, EAST 7 FEET TO POINT-OF-BEGINNING, E.R. TRAFFORD'S MAP OF TOWN OF SANFORD, AS RECORDED IN PLAT BOOK 1, PAGES 58 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. AND; R-O-W ALONG MYRTLE STREET THE EAST AND WEST 11 FEET OF MYRTLE STREET, AN 82 FEET RIGHT-OF-WAY; BLOCK "IN" TIER "5"; BLOCK "2N", TIER "5"; AND BLOCK "IN" TIER 6; E.R. TRAFFORD'S MAP OF TOWN OF SANFORD, RECORDED IN PLAT BOOK 1, PAGES 56 THROUGH 64, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. AND; UNPLATTED ALLEYWAYS THE UNNAMED 14 FEET ALLEY, BLOCK "1N", TIER "5". E.R. TRAFFORD'S MAP OF TOWN OF SANFORD, AS RECORDED IN PLAT BOOK 1, PAGES 56 THROUGH 64, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. AND; UNPLATTED ALLEYWAYS THE UNNAMED 14 FEET ALLEY, BLOCK "2N", TIER "5". E.R. TRAFFORD'S MAP OF TOWN OF SANFORD, AS RECORDED IN PLAT BOOK 1, PAGES 56 THROUGH 64, OF THE PUBLIC RECORDS Of SEMINOLE COUNTY, FLORIDA. AND; MYRTLE AVENUE THAT PORTION OF MYRTLE AVENUE, AN 82 FEET RIGHT-OF-WAY, 60 FEET OCCUPIED RIGHT-OF-WAY, LOCATED SOUTH OF THE R-O-W LINE FOR SEMINOLE BOULEVARD AND 33 FEET NORTH OF CENTER LINE OF FULTON STREET, LOCATED IN SECTION 25, TOWNSHIP 19 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA. I:\S haron\2003VSanford\Ordinances~3798 Exhibit A.wpd OR BOOK 0~"96,2 PI~JE 1714 EXHIBIT "B" N i RIGHT OF WAY I VACATE REQUEST i ~ ~: 'i z , - I ~~~~~ t, ~~~~~ 6 ', ~ ~,' ~ '~ -,, FULTON ST Z I ~ = RIGHT OF WAY TO BE VACATED i I SWEET NO. PROPERTY I.D. ¢ PROPERTY OWNER ADDRESS ZONING i 1 25-19-30-5AG-1 N06-0010 ROLIHO INC. SEMINOLE BLVD. SC-3 i 2 25-19-30-300-0060-0000 ROLIHO INC. 203 SEMINOLE BLVD. W. SC-3 ~MMi 3 25-19-30-5AG-IN05-0060 ROLIHO INC. MYRTLE AVE. AVE. SC-3 4 25-19-30-5AG-IN06-0000 PACIFIC MUTUAL LIFE INS. CO. 401 SEMINOLE BLVD. W. SC-3 i 5 25-19-30-300-004A-0000 ROLIHO INC. SEMINOLE BLVD. W. SC-3 --~ 6 25-19-30-300-0040-0000 CITY OF S~FORD 300 N. PARK AVE SC-3