4230 Vacate Bach esmtINIIIIMI�NNINNINIIMN�NgI1N1111111111
Ordinance No. 4230
X
n �
M
M
M
CM C>
'
m
M
vr-
Co m
ID
l�l
n
c
c
T
z
M
n
c
C
n
z
C3
C3
W
W
An ordinance of the City of Sanford, Florida vacating and
abandoning the public utility easement 14' in width upon Lot
131, plat of Sanfo Park, as recorded at Plat Book 5, Page 62 of
the Public Records of Seminole County, Florida (Tax Parcel
Identification Number 31- 19 -31- 520 - 0000 - 1310/2442 Mellonville
Avenue); providing for a reversion; providing for the taking of
implementing administrative actions such as actions relating
to the implementation of the reversion; providing for
legislative findings and intent; repealing all conflicting
M ordinances;
providing for severability; providing for non-
codification and providing for an effective date.
ce
w
T'
Whereas, a application was filed with the City Commission of the City of
Sanford, Florida, to vacate and abandon a north south public utility easement 14'
v�
in width, as depicted upon Lot 131, plat of Sanfo Park, as recorded at Plat Book
5, Page 62 of the Public Records of Seminole County, Florida (Tax Parcel
Identification Number 31- 19 -31- 520 - 0000 - 1310/2442 Mellonville Avenue); more
specifically described in Exhibit A and B to this Ordinance; and
x
a
Whereas, the City Commission of the City of Sanford finds that vacating,
and abandoning the said utility easement will not operate to the detriment of the
o
City or the public provided that the conditions set forth in this Ordinance are
imposed relative to the vacation and abandonment action taken herein in order to
protect the public interest.
v'
Now, therefore, be it enacted by the People of the City of Sanford,
°
Florida:
U
Section 1. Legislative findings and intent.
U
(a) The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the recitals (whereas clauses) to this
U
Ordinance, the City staff report and City Commission agenda memorandum
°
relating to the application relating to the proposed said utility easement and
partial vacation and abandonment of the easement as set forth herein.
w
(b) The City of Sanford has complied with all requirements and
procedures of Florida law in processing and advertising this Ordinance.
0
(c) This Ordinance is consistent with the goals, objectives and policies
of the Comprehensive Plan of the City of Sanford.
U
Ordinance No. 4230
Page No. 1
a
X
n �
M
M
M
CM C>
'
m
M
vr-
Co m
ID
l�l
n
c
c
T
z
M
n
c
C
n
z
C3
C3
W
W
Section 2. Vacation of easement implementing actions; reversion.
(a) The north south public utility easement 14' in width, as depicted
upon Lot 131, plat of Sanfo Park, as recorded at Plat Book 5, Page 62 of the
Public Records of Seminole County, Florida (Tax Parcel Identification Number
31- 19 -31- 520 - 0000 - 1310/2442 Mellonville Avenue); be and the same is hereby
vacated, and abandoned; provided, however, that this vacation action is
premised upon the fact that there is an encroachment (structure) located in the
vacated area; provided, further, however, that upon such structure being
eliminated from the vacated area, this vacation action shall revert and the City of
Sanford shall be vested with a utility easement over the vacated area. The
reversionary action shall be effectuated by the filing of an affidavit by the City
Manager, or designee, in the Public Records of Seminole County which action
shall be conclusive of the reversion having occurred.
(b) The City Manager, or designee, is hereby authorized to execute
the documents necessary to the action taken herein.
Section 3. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are
hereby repealed
Section 4. 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 5. Non - Codification.
This Ordinance shall be not be codified in the City Code of the City of
Sanford or the Land Development Code of the City of Sanford.
Section 6. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption.
Page No. 2
Passed and adopted this 24 day of January, 2011.
Attest:
J net Dougherty, City berk
Approved as to form and legal
sufficiency.
„i � 11 4 �— � � /
, x ///,/,; e �-' William L. Colbert City Attorney
City Commissio
Sanford, Florida
Jeff Trip
of the City of
Page No. 3
EXHIBIT "A"
E 24TH ST
� \F
C
i z
• s o l o 3
5
a
L
3
APPLICANT /OWNER:
PALMA C. BACH
TRUSTEE
E 25TH ST (SR 46)
F
V
Z
N
Z
a
3
ti
a
PARCEL NO.
PROPERTY OWNER
PROPERTY ADDRESS
ACRES
1
31- 19 -31- 520 - 0000 -1240
VANCEA. TAYLOR
2419 BAY AVE
0.49
2
31- 19 -31- 520 - 0000 -1250
CARLOS & WANDADUNCAN
2432 MELLONVILLE AVE
0.42
3
31- 19 -31- 520 - 0000 -1310
PALMAC. BACH
2442 MELLONVILLE AVE
0.44
4
31- 19 -31- 520 - 0000 -1350
MICHAEL & SUSAN RATHEL
2450 MELLONVILLE AVE
0.45
5
31- 19 -31- 520 - 0000 -1340
PHILLIP &ANITA MALCOLM
2427 BAY AVE
0.22
6
31- 19 -31- 520 - 0000 -1300
PHILLIP SMOCK & LINDSAY
2425 BAY AVE
0.33
HERMANS
SKETCH OF DESCRIPTION *X144 1 j' 1
OF
PROPOSED EASEMENT TO BE VACATED
Lao Desap
AN that part of that '14 foot Reservation for Pubic Utiities' lying witrin Lots 130,131,13Z 133, and the North 17 feet of Lots 134 and 135,
SANFO PARK, s000n: ft to the plat toad as recorded In Plot Book 5, Page 62, of the Pubic Records of Seminole County, Finda.
SURVEY NOTES:
1) This is not a'8oundary Survey', only a sketch of the above legal description prepared by this surveyor.
2) This legal dew"on was prepared on 6 October 2D10.
SURVEYOR'S CERTIFICATE
This is to certify that this ",Mich of Description' of the abov&desc ribed property and the plat hereon delineated is an accurate representsdon
of the same. I b1her oer* that this survey meets the Mmknwn Technical standards set torch by the Florida Board of Surveyors and Mappers
pursuant to Chapter 61G17 -M of the Florida Administrative Code pursuant to Section 472027 of the Florida SWAfts.
KITNER SURVEYING, INC.
R. BLAIR KITNER — P.S.M. NO. 3382
2597 SANFORD AVENUE — SANFORD, FLORIDA 32773
4073222000
a
N 89'48'04" W R
128 14.34' O�cb
DlhKwh
bl u --
5'
130
132
134
Pn
N r
n
r
h .
0 0
J y f
N o'
z
W
J -
-----`-----------
W
Y► WMN
5' av
V��
MnKw�Y l/i
1 STORY
FRAME N
GARAGE
70.t5'
PROPOSED EASEMENT
TO BE VACATED
133
j
x mo S-
tn 1
45.42'
SOUTH LINE NORTH 17' LOTS 1134 AND 135
129
Q �tt(wJ�Y
N 87'51'16" E 143.75'
POW
PC
MOW
N
N
131 COW
S 89'48'04" E 162.97'
135
; I
i
;%T UON r i
k,. I&M2 i
i
i
i
z
- Is
W
C 1�1
J
►� m
x
cr-
M
-- i
1
1
f omD 6 "xb' i
CONC NON i
(NO I)
i
I
30•
SCA 1 " = 30'