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HomeMy WebLinkAboutOrdinance 501 Orange Avenue ORDINANCE NO. 501 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, VACATING, ABANDONING AND CLOSING ALL THAT PORTION OF ROAD RIGHT-OF-WAY, KNOON AS ORANGE AVENUE, LYING SOUTH OF AND ADJACENT TO LOT 9 AND LOT 10 AND NORTH OF LOT 11, BLOCK B OF D. R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESUP, AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND; ALL THAT PORTION OF ROAD RIGHT-OF-WAY LYING SOUTH OF LAKE JESUP; NORTH OF THE NORTHERLY RIGHT-OF-WAY OF THE SEABOARD COAST LINE RAILROAD RIGHT-OF-WAY; EAST OF LOT 1, BLOCK C, AND LOT 1, BLOCK D, AND WEST OF LOT 10 AND LOT 11, BLOCK B, D, R, MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESUP, AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; AND BEING AN UN-NAMED ROAD BY SAID PLAT AND KNOON AS CLIFTON ROAD; PROVIDING FOR OWNERSHIP OF VACATED RIGHTS-OF- WAY; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE: WHEREAS, the City Commission of the City of Winter Springs Florida has determined it in the best interests of its citizens to vacate, abandon and close those road rights-of-way described herein; NOW, THEREFORE, be it ordained by the City Comnission of the City of Winter Springs, Florida as follows: SECTION I: The City hereby vacates, abandons and closes the following described property: ALL THAT PORTION OF ROAD RIGHT-OF-WAY, KNOWN AS ORANGE AVENUE, LYING SOUTH OF AND ADJACENT TO LOT 9 AND LOT 10, AND NORTH OF LOT 11, BLOCK B, OF D. R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESUP, AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND; ALL THAT PORTION OF ROAD RIGHT-OF-WAY LYING SOUTH OF LAKE JESUP; NORTH OF THE NORTHERLY RIGHT-OF-WAY OF THE SEABOARD COAST LINE RAILROAD RIGHT-OF-WAY; EAST OF LOT 1, BLOCK C, AND LOT 1, BLOCK D, AND WEST OF LOT 10 AND LOT 11, BLOCK B, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESUP, AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND BEING AN UN-NAMED ROAD BY SAID PLAT AND KNOWN AS CLIFTON ROAD, SECTION I I: That any portion of any City Ordinance In conflict herewith shall hereby be repealed. SECTION III: This Ordinance shall be effective upon its passage. DONE AND ORDERED THIS 22nd DAY OF April, 1991, in Chambers at Winter Springs, Florida. CITY OF WINTER SPRINGS, FLORIDA PHILIP A. KULBES, MAYOR ATTEST: Mary T. Norton CITY CLERK First Reading Feb. 25, 1991 Second Reading and public Hearing March 25, 1991 Posted Feb. 28, 1991 THIS DOCUMENT PREPARED BY: Donald R. LeBlanc City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708-2799 OFFICIAL RECORDS BOOK 2290 PAGE 0216 SEMINOLE CO. FL. 148233 MARYANNE MORSE CLERK OF CIRCUIT COURT SEMINOLE COUNTY, FL. RECORDED & VERIFIED 1991 MAY 2 AM 11:42 R City of Winter Sprgs. Diagram of a Property Exhibit OFFICIAL RECORDS BOOK 2290 PAGE 0217 SEMINOLE CO. FL LAND SURVEYORS JOHN B. WATT & ASSOCIATES, INC. CITY OF WI NTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32706 Telephone (407) 327-1800 May 20, 1993 Mr. Richard H. Parker Parker Associates Realty, Inc. 7411 Aloma Avenue Winter Park. FL 32792 RE: Richard H. Parker Letter dated May 11, 1993 Subject - Property Access Dear Mr. Parker: I am in receipt of the above referenced in which you inquired about access to the property adjacent to Central Winds Park. In conversations with Staff members familiar with your concerns. It was learned that there indeed was a verbal commitment there would be access to the property. But, that access was predicated on development plans being submitted to determine where this access would be located. I have visited the site and it appears that there ts sufficient access to accommodate your present needs. Your request at this time is for the City to dedicate ninety (90) feet for permanent use. This amount far exceeds City Code requirements. Please bear in mind that the access, whatever the final figure may be, will require the City to redesign the park entryway and will have to meet all safety requirements. That is why this is premature at this time. Therefore, I reaffirm that the City will grant you access to the property once development plans are formulated. The access will also allow the developer of the property to meet all Code requirements. The access point will be in the immediate vicinity of the existing crossing. Another possibility to be considered is that a developer may want to have an entryway to the west of the existing crossing. If this were to come into being, the City will no longer be responsible for access to the property, nor would the City incur any financial liability for the new crossing. Please contact me if further information is required. Sincerely, CITY OF WINTER SPRINGS John Govoruhk City Manager JG/nav cc: Planner Land Development Coordinator CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 March 15, 1991 Susan Deines Seminole County Services Building 1101 East First Street Sanford, FL 32771 Dear Ms. Deines: Enclosed please find Notice of Public Hearing and Ordinance No. 501 for the City of Winter Springs as per your request. This Ordinance is in reference to Orange Avenue. Yours truly, CITY OF WINTER SPRINGS Mary T. Norton, City Clerk Enc. City Manager Dave Barth COUNTY OF SEMINOLE FLORIDA ENGINEERING DEPARTMENT TELEPHONE: (407) 323-2500 December 20, 1990 274 BUSH BOULEVARD SANFORD. FLORIDA 32773 Don Leblanc Land Development Coordinator City of Winter springs 1126 East SR 434 Winter Springs, Florida 32708 Dear Mr. Leblanc: During our December 4, 1990, meeting, you requested information concerning the Orange Avenue right-of-way width, and the possibility of using this avenue as an interim entrance to your new park. The Orange Avenue right-of-way west from Brantley Avenue varies between thirty and forty feet in total width. In addition, there are several ditches immediately adjacent to the road that constr ict the travel way and would require' alteration to handle the additional traffic. Also, the majority of the roadway as we indicated is unstabilized. In evaluating the overall situation it is not considered feasible to use this route for park access due to the limited right-of-way width, ditch location and current condition of the roadway. We appreciated the time you spent discussing the project with us and if you have any questions, please contact us. Sincerely, SEMINOLE COUNTY Bert Johnson, P.E. Assistant County Engineer cc: Jerry McCollum, P.E., County Engineer Received Dec 31 1990 CITY OF WINTER SPRINGS Land Development Coordinator COUNTY OF SEMINOLE FLORIDA March 20, 1991 1101 EAST FIRST STREET SANFORD. FLORIDA 32771 BOARD OF COUNTY COMMISSIONERS PHONE (407) 321- 1 130 Mr. Dick Rozansky Winter Springs City Manager 1126 East S.R. 434 Winter Springs, FL 32708 RE: Vacate and Abandonment - Portion of Orange Avenue Scheduled for Public Hearing on March 25, 1991, 7:30 p.m. at Winter Springs City Hall Dear Dick: This is to apprise you of the many phone calls and letters of concern the County has received regarding the above referenced vacate and abandonment. The residents' concerns are primarily that they will be left with only one access to their property from Highway 434. Secondly they are concerned about the non-trafficable condition of Orange Avenue 95% of the time. It is my understanding that some of the residents will be there at your public hearing to voice their concerns. I would hope that they are given an opportunity to air their concerns in full. While the County does not oppose the proposed vacate and abandonment for the reasons as given to us, I believe that our residents' concerns can be greatly allayed if the City of Winter Springs carries out their portion of the interlocal agreement that would include their area as set forth in the attached document. (See attached page 2 and 3). We look forward to a continued cooperative effort from the City of Winter Springs. Should you have any questions or need more detail, please give me a call at 321-1130, extension 7205. Sincerely, Robert J. Sturm Commissioner, District 2 RJS/sd Attachment cc: Winter Springs City Commission Frank Kruppenbacher, Winter Springs City Attorney Philip Kulbes, Winter Springs Mayor James M. Ferguson 277 South Street - Fern Park, FI. 32730 834-4946(H) 859-7410(W) April 3, 1991 City of Winter Springs 1126 East SR-434 Winter Springs, Fl. 32708 Re: Ordinance 501, Closing of Orange Ave., etc. Dear Mayor Kulbes I am the owner of the West 1/2 of Lot 7 on Orange Avenue. This letter is to respectfully express my continued concern regarding the proposed Ordinance closing Orange Avenue. The affected residents and I spoke at the March 25 meeting to explain our concerns and as you know the motion was postponed until the April 8 meeting. The residents are not opposed to the road closing provided equal property access will be made available by improvement to the remaining section of Orange Avenue. It is my hope this additional time will allow you to consider a compromise that will be fair to all parties. Several new items of information were revealed at the last commission meeting that should be considered when making your final decision. First there was an inference by commissioner Kaehler that Orange Avenue was a non-road because it was not maintained by Seminole county and therefore repair was not the responsibility of the city. In this regard please consider the following. In fact Orange Avenue is an established public right of way depicted on the "Orange County" map of D. R. Mitchell's survey dating back to the early 1900s. The road also appears on current Seminole county maps. The road section designated for closing has been used by the residents for years and has provided the only reliable access to our property. The second new information was the "Interlocal Agreement" between Seminole County and Winter Springs. The city agreed to provide all necessary governmental services within unincorporated areas of the County located in the area of concern. This includes providing first response fire fighting, Public safety services, Emergency services, Law enforcement and road maintenance as the city provides to the city residents. This agreement includes our area affected by the road closing. City attorney Kuppenbacher provided his interpretation of this agreement as it applied to Orange Avenue maintenance. His statement was essentially that if Winter springs chooses to maintain the road, they will. If they choose not to maintain the road, they will not. The commissioners present appeared split on providing maintenance to Orange Avenue. I urge you to carefully consider this problem again at the next meeting and come to a fair decision. You must be aware the Easterly section of Orange Avenue will be the only remaining access to our property and the road is in very poor condition. The road as it exists does not provide reliable access to our property or access for the city to perform the agreed level of services. The Interlocal agreement clearly places liability with the city for injury or damage from failure of the city to perform these services and the negligent or wrongful performance of such services. { Ref. Para 3. (c) } In hope of seeking an alternate solution to the road problem I contacted Seminole commissioner Sturm. I asked him if there was any possibility of Seminole County and Winter springs sharing the effort to repair the affected section of Orange Avenue. Mr. Sturm was supportive and had Seminole County Public Works Director, Jim Wilson contact me directly. After explaining our problem to Mr. Wilson he agreed to contact winter Springs Public Works to see what they could do. I have tried unsuccessfully to talk with city manager Rozanski to close the loop on this discussion. I was told he is on vacation. Winter Springs clearly has an interest in and some level of responsibility to our area. I appreciate that a new access road for our area is in the Winter Springs master plan and understand why it will not be completed for some time. Our immediate concern is the Easterly portion of Orange Avenue that will be our only remaining access. Winter Springs needs to provide equivalent access to our property before closing the road section through the park. There appears to be an opportunity for the city to share expenses for this road work with the County if you act now. The road needs to be graded and stabilized from the proposed closed section at the park boundary East to the currently stabilized road area. I believe the affected road section is approximately 2000 Feet long, similar in length to that road proposed for closing. Once stabilized, the road could be placed on a "repair as needed" schedule. I believe I speak for the affected Orange Avenue residents in the following statements. We do not wish our concerns about the road access to be considered as a negative attitude toward the cities' expansion plans. We believe the park is a beneficial addition to our neighborhood and appreciate the city's consideration in designing park facilities to minimize disturbance to our homes. Your kind consideration in reaching a fair solution to our road problem will go a long way toward making the residents and property owners more receptive to annexation into the city. Adding us to the tax rolls will benefit the city and I am sure must be part of your future plans. Thank you again for your consideration in this matter. I look forward to the next meeting on April 8, and your favorable action to correct this serious problem and proceed with the park development. If I may be of any help or add further comments please do not hesitate to contact me. Sincerely, James M. Ferguson cc Mgr-Atty Don , The Orlando Sentinel Publiahed Daily AItamoole Spring., Seminole County, Florida ADVERTISING CHARGE $f10 O~ ~htte of ~loti~(t} SS. COUNTY OF ORANGE Sworn to and subscribed before me this 11th day NOTICE OF PUBUC HEARING CITY OF WINTEA SPRINGS NOTICE IS HEREBY GIVEN by the City Commission of the City of Winter SP.rings, Florida, thet said Commission will hold a Public Hearing on an 0rdi- nance ent~led as follows: ORDINANCE NO, 501 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA. VA- gtJ~~~ ~~m>TOt8~O:~~ ROAD RIGHT-OF-WAY, KNOWN AS ORANGE AVENUE, LYING SOUTH OF AND ADJACENT TO LOT 9 AND LOT 10 AND NORTH OF LOT 11, BLOCK B, OF D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESUP, AS RECORDED IN P. B. 1, PAGE 5, P.R. OF SEMINOLE COUNTY, FLORIDA, AND ALL THAT PORTION OF ROAD RIGHT- OF-WAY LYING SOUTH OF LAKE JESSUP; NORTH OF THE NORTH- ERLY RIGHT-OF-WAY OF THE SEABOARD COAST LINE RAIL- ROAD RIGHT-OF-WAY; EAST OF LOT 1, BLOCK C, AND LOT 1, BLOCK 0, AND WEST OF LOT 10 AND LOT 11, BLOCK 8, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, AS RECORDED IN PLAT BOOK 1, PAGE 5, P.R. OF SEMINOLE COUNTY, FL; AND BEING AN UN- NAMED ROAD BY SAID PLAN AND KNOWN AS CLIFTON ROAD; PRO- VIDING FOR OWNERSHIP OF VA- CATED RIGHTS-OF,WAY; PROVID- ING FOR CONFUCTS, SEVERABlL- I1?t' AND EFFECTIVE DATE. This Public Hearing will be held at 7:30 p.m. on MondllY, -..arch 25, 1991, or as soonthereaffer as. possible in the Commission Chamber, City Hall, 1126 East S.R. 434, Winter Sprihgs, FI. 32708.' ~I:leo~~~~t:~ ~i~a:: for inspection. Interested parties may appaar at this hearing and be heard with respect to this proposed ordinance. Persons are advised that n they decide to appeal any decision made at this meeting, they will need a record of the proceedings and for such purpose, they may need to ensure that a verbatim re- cord 61 the proceedings is mada which record includes the testimony and evi- dence upon which the 8DD88l is to be based par Section 286.0105 Florida StaMes. Dated thi~~o1!~:J::~i>~:~s, FLORIDA IslMary T. Norton I Mary T. Norton. ' City Clerk LS-220(6s) Mar.10,1991 FORM NO. AD-264 Before the undersigned authority personally appeared Noemi B Vlcero , who on oath says that she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- vertisement, being .. p'1blic heariIllJ ORDINANCE NO. 501 in the matter of in the Court, was published in said newspaper in the issues of March 10, 1991 Affiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin- uously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one year next preceding the first publication of the attached copy of ad- vertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ~ ~ K.. . oi March .~~~~ ~ ....."'_"":&JotMyPubli< My CommIIsIan ... .l:J~ 18. 1994 ~~ ~