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Home My WebLink About2009 05 26 Public Hearings 500 Resolution 2009-34 Vacating Utility Easement 1137 Dappled Elm Lane CITY COMMISSION AGENDA ITEM 500 May 26.2009 Special Meeting Consent Information Public Hearin X Re ular M /De t. REQUEST: Community Development Department presents a resolution (Resolution No. 2009-34) to the Commission to vacate and abandon a portion of a utility easement on a residential lot at 1137 Dappled Elm Lane, pursuant to the provisions of Section 17-27 of the City Code. PURPOSE: The purpose of this agenda item is to present Resolution No. 2009-34 to the Commission, to vacate a portion of an unused (and unlikely to be used) utility easement. APPLICABLE LAW: Section 17-27, City of Winter Springs Code of Ordinances CONSIDERATIONS: The applicant has requested that the City vacate the subject portion of the utility easement on lot 1~8 Wedgewood Unit Three, as recorded in Plat Book 21, Pages 13 and 14 of the public records of Seminole County, Florida. The applicant, Landor Thomas, has provided documentation from the various utility providers that they have no objection to the vacation. The vacation has been advrerftsed in the newspaper, as required. RECOMMENDATION: Staff recommends the City Commission approve Resolution 2009- 34. ATTACHMENT: A-Location map & Legal description of property to be vacated B -Utility Provider Letters C -Advertisement in Orlando Sentinel D -Resolution 2009-34 May 26, 2009 Public Hearing Item 500 Page 2 COMMISSION ACTION: 2 ~.~.~- IIr1~~i -II'{ I Yfr V IIi..1 I l I i ~I -T `~"r- ~ ~~5f Rte, - ~ l ~' • '.Py~ ti h S2~~8`~B''E •55.00' ~P~ ~.~ r ..n ~ . .~~ •~' i ~~s %/ ; LOT t0'8 '~, ~.~ ~ 30,0 .. . , '~ ! C Q ..1•~N, ANE ~ N ti snaRY 1 P4RC~- `' ~~ ~ Glq.S 165 ~ GtB a4 .sus ~ M~' ~pp1 ~ CITY OF WINTER SPRtt+fGS v ~+ -~ Pertnitttng -Phyllis • 1 ? •7 ~ &3 1 ~ 1 ,~ STnIPY ~ GIYE STnIRY +a :. ~~.~ ..; ::. s: ,= ~ ~ e !~ .w ~r . ~ -. • 4 ,~1 ~13~ ~ LQI ~0/~ ~.. n 4•'`'•~ ~ ° ~.oT X09 Gam i ZS~S ~ ~ ". E~,~.:;: __.=~~~E?:`:`''"' 111 •jii~ ~•7.T•' iii g' '~ ~s _ 5ri~Rr ae ,~ CVB.~ of . . ~ .•~. 1 ~ '• ~::• //~~ ,, , ~~.r'.J ' r . ~. .~. ~ j. : ~ . i' ~• {'.~~ .~'i. ~ •r' ,~ , .. ~ , . .••, .1 •M•h V . ~' : • ,, :• • • f • f j~,r' ••+ 1 ~ ~..~ .w ~ i f3D~ R~~ f~ ,k. ~, . ATTACHMENT A /° H 31 G -0 ~--' F ~ ~ M N b° a E~ a 0 ~U 0 ._,...-- i D -- C 1 1 f ~ ~ t ~~ { ~~ ~~ l j f} f ~~ f t I I ~ i O~ M N ou a 12 114 '°'.~°~~'-~ 121 1 ~ 1 .-• 137 w 139 g - T04 101 111 1 81 91 1218 1141 __. 114 1142~~r a 1216 .'~ 1 2 Co~tinued P 2638 5 6 7 8 PR NOTES: INOg • : • 'ME e :; DY D ~ : ~, Municipal Address Map Book ° 10° ~~~ PRINTED: REVISED: OCt 2Q~7 1 2 3 • ~ • • • • • • Ci#y of Winter Springs, FL P~~ ~~i3~° 1. rw~ac ww~~Nn nc^ nwr m ~n ~ o c wnrc nn~nu~ n.nw ..........yw ,.~. .,..........«,.~...........~...b .*_....7.r...6 .,...~.. Legal description of property to be Vacated Northerly 3 feet Less the Westerly 6 feet of Lot 108, WEDGWOOD U1~1IT THREE, according to the plat. thereof, as recorded in Plat book 21, Pages 13 -and 14, of public records of Seminole County, Florida. RED E ~~/!~'~'` MAR 0 52009 CITY OF WINTER SPRIM ~: S Pertnitfinp -Phyllis ArcIr111S ~IT~AL~ Viewer Ma } s _ ~~~ U ~M~y 8~d~r~ 71 ~3 1{~~ - F~~F~~~C~ ~1~tY ~ ~~ ~~ 117 $w~~i+~e ~s 1 ~~ -, ~t~f'Y L.L~ ~ ~sr~ai AtKr~r 1€t~ ~~€~ ~~ X ~'1l~~~IV~' F ~ ~h~ERi~ 11~ ! f~E~' It~t~ I~ 11 ~~~1 l~L ~~~~~~ 1 ~~~~ ~~~~ ~~~ f~tJP'LE~ l~HEL ~ ~. n ~o ~ m ~~^ ~ C~ ~~? a m ,m c~ ~~ A M ~ Z ~ ~ 02/17/2009 10:51 FAX 4073276695 WINTERSPRINGS -xr;- ~ 0 01 / 0 01 __~_. ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA Utlllty / Publk WorKs Department February 17, 2009 Ms. Barbara Anti Sherman P.A. RElMAX 200 Realty 954 S Orlando Avcnue winter Park, FL 32789 Subject: Y t3? )Dappled Elm Lane Dear Ms. Sherman ~~: CITYp ~rnitti gE Phyll siNG3 The City of'Winter Springs does not have any active utility lines located in the existing utility easement betvveett 1135 and 1137 Dappled Elm Laae. Please call me at 407-327-7597 i~ you have any questions. Sincerely, .c ~ l`'~~,,,~'~~L.~ 1126 EAST STATE ROAD 434 WINTER SpRINQs, FLORIDA e27oe-2'~9 Telephone (407) 327-1800 Feoc (407) 327-6685 Brian Fields, P.E. City Engineer ~~ Feibrua~ ~3t Leading ~ ftt~ Pars of~ea~ ~'li~rid~.='L.TD ~A/~ /~ ~ ~"f (~ !`e~~ ~ (r lJ~~J CI"fY OF WIN7ER SPRINGS ~-F~ 7 ~1~.~~ 1~ ~p ~y, , ,: Permitting .. Phyllis :~... D ~~' ar a~a~i:: ._ Pleasl~ be adinse fat Pis ;Fny i~£oxm~rly ]€nc~wn as panda F4w~r ~orQ~.on)`~as ` `Av ... .: . o~je,~t"' ts~;th~ y;cm $~d aba~iomnetai of .t ~n 3 `~4~ wxd~ pla#ed. uttu~y ea~erit wig tic p~rti~a dn'T ~ .the: ~otl~- ~ : L~SS'tt~e ~V~sterly 6 feet o~ ~t i 0~, ~EDGV~tD:UI~TiT'~'HR~E, a_c~ord~ng #o theplat fher~of ~:xrde~ in Fit Beak ~1., P~g~s 13 and 14,.of;Public.Re~ord~.orf'~~ni~a~ie Cotm~F~onda. If I :pan be _of der ~assf sta~tce, p1e iia not`hesit~te :to contact me. +kaYlk~'M7N~1 "' - -:1iwaNe~wx3%'~M:lkdei~+SM1M~f..~ro iGn'~1tiiE1~:' 'a-: --'- :i, . .~~. ~I$f~l~tit~3fil1 ~:I~.lti. ~71f ~8~ -1~('liliil8 Prog~s Ersagy Fiat„ _tnF, .. $3t~0 ~ Pla~c4`.r ~ FI(~rltla • 3~?F8 TeisNilcns (dtf~~~i42=9~i'~ FAasImAB•(4iT~+'y9+t~~9417 A Piss En~Y'Y 03/03/2009 TUE 12:25 FA% at&t March 2, 2009 Century 21 235 S. Central Av Oviedo, FL 32765 Attn: Landon Thomas AT&T -Southeast Mark G. LoCastro, P.E. Director - PlanMng 8e Provisioning 500 N. Orange Av., Room #400 Orlando, FL 32801 Email /Blackberry: Mark. Lo~~ro~8eli~outh.c~m (w}407-245-3015 (m)407-325-5584 (f) 407-fi48-5771 f~j o02/002 ,:._,I~ ~de'~N~ ''' LJ~ CITY Of WINTE~~ SPRING8 Permitting -Phyllis RE: ' Vacate 5ft easement on north side of lot 108, Wedgewood unit three, Book 21, pg 13-14; Seminole County, Florida. Dear Mr. Thomas ' At&t has reviewed your request to vacate a 5ft utility easement mentioned above and has no objection, Please call 1-800-432-4770, to have all utilities field located prior to any type of work commencing. Should you have any questions, please do not hesitate to call Scott Lorenz @ 407-302-7611 Sincerely, ~~a~-' Mark G. LoCastro Director-Network Provisioning ~,, ~ ;n .~ . _ _. -.._._ _._.. Construction I?epariment 3767 AEI American Boulevard Orlando. FL 32810 bright ~ ~4 house ,~ , , ~~,e~`; March ~. ?()U~1 t~~~~. Vfr. Landon `l"homas ~Q~ -~ ; ~~" t'entul•v ? I C)viedo ` ' CITY OF WINl`~ha E>w;ilvi.;S ~ ~ ` 5. C~CIlU'a! l~~`l'11UC Permitting - Phyllis Ovi~ck~. 1'lol•i~fa 3?7Ej Rl~:: t'icatic}n of~a ltilit~• f:cl5enlc:llt -- I I ,7 L7al~plerl Fh11 lane. 4Uintcr Sl~`r~. '~cction I t; 1'c~.vnslli~ 2 f . f'~clll~c ~ I Uecu• L1r. "Thomas: C3ri;?llt I-Ic-Ilsc Netut~ol•1`~ has re.vie~~e.~3 yc7ur request rr~urclint, tflc vacation of a utility ~:lstnl4nt. f'Ica~e be acl~'isecl thrlr w~c have Ilo objcctit~n tcy the vae~ltion c.~f ihc: ~' :~icic utility ~asclnc:nt l~ ink, ~l~ljaceut to nc~. rlorthcrl~ hrnrcrh- line cal' f 1 7 f)~1f11,1~d E"fall L,~mi'. l~~inter ~11rin~s, I~loricfa. 'T'his vacation tvilI have nu impact on our Ability t~~ serviei~ tf1r. applicahlc conlnlunit}~. f t' you should have any aclditionl~tfcluestions. pl~~tsc; cfo not hesitate to roll l1"ti' at (~O7) Sinccreh-. ~P. CoI1St. l~~~l'. Bri ~ht I {cxlsC ~et~vi irks cc: '~~i~u•vin L. Usry, .l r.. Briollt f-I~use Net~vcsrks r f ~. { IS "FNgAast In Raf~Nkntl~ Tokpborf~ t:uatamer Saikfaetlonin tlw8outlfwtt Rplon, ~= - 1Mro Yrare 1n a Row° ,~~ -~~. Bd9M.Fbdss Nelworka ncelvad Mehigheatr%anetlCal ams unongtebphorie eervvice We~fCars M the Swtheaa:reQlon of d+e G!aPrfoMry JD. ?anr andAssaciatoa 7008:$C(f7 Aaeide~ Regional Tefeahoae Customor Sxls:xdon SlNefan3M. ZDYr .aey ewd a, 11AM mliL nsooRaa+ fnlm eenwmrsmaaaunrq T proufaws ti rt~ Swthaaat(AL, FI-, CaA.1CY, Lq M5, NC. SC. TN} and maswse taaagcdm at comamars.rtra raaeiraa Mar reran and ~ distance senAee LOm ene ptoridet Woprietary s!udy resWfs are based cn e*petienw and-PetcePSdna of consumers. sye*syRC hWVaen Aq7 tt6y 2g0Y..Yuv asoaNnoas may emy. visit Jrpraixar.wnr ~.r...~-~._.._.-. ~ -~~~-.~ ATTACHMENT C ATTACHMENT D RESOLUTION NO. 2009-34 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE VACATION OF A UTILITY EASEMENT WITHIN THE CITY OF WINTER SPRINGS LOCATED ON LOT 108, WEDGEWOOD, UNIT 3, AS RECORDED IN PLAT BOOK 21, PAGES 13 AND 14 OF THE PUBLIC RECORDS IN AND FOR SEMINOLE COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the owner of real property generally located at 1137 Dappled Elm Lane in the City of Winter Springs, more particularly described herein, has requested the vacation of a platted 3-foot utility easement lying adjacent to their northern property line; and WHEREAS, the City of Winter Springs is not currently using, nor has any plans to use, the subject utility easement; and WHEREAS, each provider of utilities within the City of Winter Springs has indicated in writing, copies of which are on file with the Community Development Department, that it has no objection to the vacation of the subject utility easement; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this resolution to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY RESOLVES, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are hereby fully incorporated herein by this reference as part of this Resolution. Section 2. Easement Vacation. The City Commission, in accordance with Section 17- 27 of the City Code, hereby vacates the 3-foot utility easement on Lot 108, Wedgewood, Unit 3, according to the plat thereof, as recorded in Plat Book 21, Pages 13 and 14 of the Public Records in and for Seminole County, Florida, lying adjacent to the northern property line of Lot 108, said property being generally described as 1137 Dappled Elm Lane, Winter Springs, Florida. action 3. Recording. Following adoption of this Resolution by the City Commission, the City Clerk shall record same in the Official Land Records for Seminole County, Florida. City of Winter Springs Resolution No. 2009-34 Page 1 of 2 Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2009. JOHN F. BUSH Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney city of winter Springs Resolution No. 2009-34 Page 2 of 2 RESOLUTION NO. 2009-34 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE VACATION OF A UTILITY EASEMENT WITHIN THE CITY OF WINTER SPRINGS LOCATED ON LOT 108, WEDGEWOOD, UNIT 3, AS RECORDED IN PLAT BOOK 21, PAGES 13 AND 14 OF THE PUBLIC RECORDS IN AND FOR SEMINOLE COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the owner of real property generally located at 1137 Dappled Elm Lane in the City of Winter Springs, more particularly described herein, has requested the vacation of a platted 3-foot utility easement lying adjacent to their northern property line; and WHEREAS, the City of Winter Springs is not currently using, nor has any plans to use, the subject utility easement; and WHEREAS, each provider of utilities within the City of Winter Springs has indicated in writing, copies of which are on file with the Community Development Department, that it has no objection to the vacation of the subject utility easement; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this resolution to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY RESOLVES, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are hereby fully incorporated herein by this reference as part of this Resolution. Section 2. Easement Vacation. The City Commission, in accordance with Section 17- 27 of the City Code, hereby vacates the 3-foot utility easement on Lot 108, Wedgewood, Unit 3, according to the plat thereof, as recorded in Plat Book 21, Pages 13 and 14 of the Public Records in and for Seminole County, Florida, lying adjacent to the northern property line of Lot 108, said property being generally described as 1137 Dappled Elm Lane, Winter Springs, Florida. Section 3. Recording. Following adoption ofthis Resolution by the City Commission, the City Clerk shall record same in the Official Land Records for Seminole County, Florida. City of Winter Springs Resolution No. 2009-34 Page 1 of 2 Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 26thday of May 2009. JOHN BUSH Mayor ATTift: City LORENZO-LUACES Approved as to legal form and sufficiency for the Ci 'ter Springs only: Anthony A. Garganese, City Attorney City of Winter Springs Resolution No. 2009-34 Page 2 of 2 RESOLUTION NO. 2009 -34 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE VACATION OF A UTILITY EASEMENT WITHIN THE CITY OF WINTER SPRINGS LOCATED ON LOT 108, WEDGEWOOD, UNIT 3, AS RECORDED IN PLAT BOOK 21, PAGES 13 AND 14 OF THE PUBLIC RECORDS IN AND FOR SEMINOLE COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the owner of real property generally located at 1137 Dappled Elm Lane in the City of Winter Springs, more particularly described herein, has requested the vacation ofa platted 3 -foot utility easement lying adjacent to their northern property line; and WHEREAS, the City of Winter Springs is not currently using, nor has any plans to use, the subject utility easement; and WHEREAS, each provider of utilities within the City of Winter Springs has indicated in writing, copies of which are on file with the Community Development Department, that it has no objection to the vacation of the subject utility easement; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this resolution to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY RESOLVES, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are hereby fully incorporated herein by this reference as part of this Resolution. Section 2. Easement Vacation. 'l'he City Commission, in accordance with Section 17- 27 of the City Code, hereby vacates the 3 -foot utility easement on Lot 108, Wedgewood, Unit 3, according to the plat thereof, as recorded in Plat Book 21, Pages 13 and 14 of the Public Records in and for Seminole County, Florida, lying adjacent to the northern property line of Lot 108, said property being generally described as 1137 Dappled Elm Lane, Winter Springs, Florida. Section 3. Recording. Following adoption of this Resolution by the City Commission, the City Clerk shall record same in the Official Land Records for Seminole County, Florida. MARYANNE MORSE, CLERK OF CIRCUIT COURT CLERK OF SEMINOLE COUNTY City of Winter Springs BK 07209 Pgs 1673 1674; (2pgs) Resolution No. 2009 -34 FILE NLIM 2009068451 Page 1 of 2 RECORDED 06/24/2009 02:16:44 PM RECORDING FEES 18.50 RECORDED BY 6 Harford 11111111111111111 11 111 11 111 11 III 11111111111111111111111111 Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution. Section 6. Effective Date. This Resolution shall become effective imtately upon adoption by the City Commission of the City of Winter Springs, Florida. 7.'. RESOLVED by the City Commission of the City of Winter p isi •Flor meeting assembled on the 26 thday of May 2009:' t D c i e -1- i JOHN B[ l C' Mayor 1 i fr ATT 1 :T: i t�� 4 2 1 t ,k 1N.m \vas` N. LORENZO LUACES City Clerk Approved as to legal form and sufficiency for the Ci 'nter Springs only: Anthony A. Garganese, City Attorney City of Winter Springs Resolution No. 2009 -34 Page 2 of 2