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Home My WebLink About1998 04 13 Regular Item F ; COMMISSION AGENDA Il~EM F Regular xx Consent Informational April 13, 1998 Meeting MGR. y{1{,;Pf /Dei- . REQUEST: Community Development Department, Land Development Division, requests Commission approval of the First Reading of Ordinance No. 700 vacating the southern seven and one-half(7 1/2) feet of that fifteen (15) foot utility easement located to the rear of Lot 31, Walden Terrace (555 Brookside Drive). PURPOSE: The purpose of this Board Item is to have the First Reading of Ordinance No. 700 to vacate the southern seven and one-half (7 1/2) feet of that fifteen (15) foot utility easement located to the: rear of Lot 31, Walden Terrace (555 Brookside Drive). A swimming pool and screen enclosure have been built into this portion of the easement. FINDINGS: 1) Walden Terrace was platted June 8,1973. 2) A swimming pool permit was issued for this location February 14, 1984, but the utility easement was not depicted on the drawing. 3) The subject property is under a sales contract and the easement must be vacated to get a clear title. 4) The Public Works/Utility Department, the City Engineer, and all concerned utility companies have reviewed this request and have no objection to the vacation of a portion of the easement. April 13, 1998 REGULAR AGENDA ITEM F Page 2 CONCLUSION: It is unclear why the City issued the permit for pool construction in 1984. Current building department personnel were not employed in 1984, Currently all permit applications are accompanied by a survey plat depicting all easements. If a survey plat is not available, the building department checks the plat book to ensure that there are no easement encroachments. RECOMMENDATION: It is recommended that the Commission approve the First Reading of Ordinance No. 700, and at a later meeting approve the Second Reading and adoption of this ordinance. ATTACHMENTS:: March 16, 1998 - Martin Letter to LeBlanc Letters of no objection from: Winter Springs UtilitylPublic Works Department City Engineer BellSouth Florida Power Corporation Florida Public Utilities Company Time Warner Communications Plat of Survey depicting area to be vacated Ordinance No. 700 COMMISSION ACTION: " 16 March 1998 Mr. Donald R. LeBlanc Land Management City of Winter Springs 1126 E. S.R. 434 Winter Springs, FL 32708 Re: Lot 31, 'wALDEN TERRACE, PB 1 8, PG 69; a/k/a 555 Brookside Dr., Winter Springs, FL 32708 Dear Sir: As the owners of the above-referenced real property, we hereby request a resolution vacating and abandoning a certain portion of the utility easement at the rear of the subject property, as de- scribed in thl: attached copies of a survey and legal description of said portion. Also attached are copies of letters to and original letters from the following utility companies and interested parties: TimE~ Warner Communications Winter Springs Public utilities Florida Power Corporation BellSouth Telephone Company Florida Public utilities Winter Springs City Engineer Said property is currently under Contract for Sale and Purchase and it would be very much appreciated if this matter could be expedited in any way possible in order that we may honor the contract commitment and close the sale. Thank you for your help. ver: t~~ ~. MartIn & Property Owners fd~::. YlJatZ;u /encl. Check ($200.) .. WINTER SPRINGS UTILITY I PUBLIC WORKS DEPARTMENT 110 NORTH FLAMINGO AVENUE WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-2669 Fax (407) 327-0942 March 12, 1998 Bette Mcjunkin 55 Park Lane Debary, Florida 32713 Re: Vacation ofa portion off the utility easement at 555 Brookside, Winter Springs Fl. Dear Ms. Mcjunkin: The City of Winter Springs has no objection to vacating 7.5 feet of south portion of the utility easement at the rear of 555 Brookside Drive Winter Springs, Florida. If you have any que~~tions, feel free to call me. Sincerely, Il / V-;y~~ Doug Taylor Utility Superintendent cc Charles Carrington, Community Development Director Patti D' Amours, Real Estate Professionals CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 March 12, 1998 TO: Building Official, Don HCluck FROM: City Engineer, ~~L? Mark L. Jenkins, P.E. .~ SUBJECT: Lot 31, Walden Terrace - 555 Brookside Drive Proposed Variance for utility Easement Encroachment I am in rec,:dpt of a letter from Bette McJunkin, dated March 11, 1998, and a letter from Patti D'Amour, dated March 10, 1998, requesting an easement encroachment variance for an existing swimming pool and shed at the subject address. The plat shows a IS-foot wide utility easement on the rear lot line. I have no objection to the variance request. It is my unders tanding a bui 1 ding permi t was issued in 1984, by the City, to construct the existing pool in the easement. I have no record of any complaints c:t'eated by the pool encroachment. If you have any questions, please let me know. cc: Community De',elopment Director Land Development Coordinator Bette McJunkin, 55 Park Ln., Debary, FL 32713 ..' BELLSOUTH TELECOMMUNICATIONS @ 132 Commerce Way Sanford. Florida 32771 March 13,1998 Bette McJunkin 55 Park Lane Debary, Florida 32713 BE: LOT 31.,WALDEN ~r'ERRACE, PB 1.8, PG 69; .AKA 555 BROOKSIDE DR., WINTER SPRINGS, FL 3~2708 Dear Bette: BELLSOUTH does not object to your reguest to vacate a portion of the utility easement at the rear of the above property. If any further inforrr,ation is needed please contact me at (407) 327-0447. Sincerely, 7: ~?,------ Eric Murano BELLSOUTH/Project Manager .. .....,... g. ..~, :.11\: ~ .. ~....,. ...... Flori(ta Pow~er CORPORATION March 13, 1998 Ms. Patti D' Amours, Realtor Real Estate Professionals 937 N. Magnolia Avenue Orlando, FL 32803 RE: Lot 31, WALDEN TERRACE - 555 Brookside Drive, Winter Springs Dear Ms. D' Amours: Florida Power Corporation has no objection to the abandonment of a portion of that certain 15 foot wide Utility Easement comprising the Northerly 15 feet of Lot 31, WALDEN TERRACE, according to the plat thereof as recorded in Plat Book 18, Page 69, of the Public Records of Seminole County, Flor.ida; being more particularly described and shown on the accompanying Sketch of Description. Very truly yours, /rzg attachments cc: R. W. Savard JAMESTOWN ENGINEERING · 2801 West State Road 426 . Oviedo, FL 32765 telephone: 407/359-4429 facsimile: 407/359-4449 A Florida Progress Company .. PUBLIC A COMPANY March 12th, 1998 830 West 6th Street Sanford, FL 32771 (407) 322-5733 (407) 323-4354 fax Patti 0' Amours Real Estate Professionals 937 North Magnolia Avenue Orlando, FL 32803 Re: Vacate portion of uWity easement 555 Brookside Drive Dear Ms D'Amours: Florida Public Utilities Company has no objections to the petition to vacate that certain 15 foot wide utility easement, located adjacent to the northerly boundary of lot #31 , WALDEN TERRACE, as recorded in Plat Book 18, Page 69, Public Records of Seminole County, Florida. Jfyou have any questions or need additional information, please feel tree to call. ~. cereI~y-:/ / ,.-// /' ~/-.iUvJL- ". an If:' Scnooen Engineer Mid-Florida Division ... 3707 All A/IIt'ricllIl 8/\'d. Or/alldo, Florida 328/0 Tt'/.J07-29S.Y//Y r,l.\' .J1I7-S78.0<i79 ~ TIME WARI'IER " COMMUNICATIONS March 16, 1998 Patti D'Amours Real Estate Processionals 937 N. Magnolia Ave Orlando, Fl. 32803 Re: Easement abandonment (555 Brookside Drive) Section :r Township 20 Range 30 Time Warner Commun.ication has DO objection to vacating the south 7.5 foot of portion of a 15'foot utility easement lying along the north property line of lot 31, Walden Terrace as recorded in plat book 18, page 69, Public: records of Seminole County, Florida: being more particularly described as follows: Commence from the Northwest corner of lot 31 Walden Terrace, as recorded in plat book 18,. ~ge 69, Public records of Sellninole County, Florida: Thence run along the west property lone of said lot 31, south 06 degrees 59' 47" East 7.5 feet: Thence run north 83*00' 13" East to the Northwest corner of a screen enclosed pool North 83 degrees 13" East to an angle point on said edge of sc'reen enclosed pool South 62 degrees 05' 38" East to an angle point on East edge said screen enclosed pool 5.24 feet: Thence run along the East to the South lone of said 15 foot utility easement 4.50 feet: Thence run along the south line of said easement south 83 degree 00' 13" west to the West edge of said screened enclosed (100139.00 feet: Thence run along the West edge of said screen enclosed pool north 06 degrees 59' 47" West to the North West corner ofsaid screen enclosed pool1.5 feet, pool being the point of begiDllling (p.O.B.). IF you need any further help please do not hesitate to call me at (407) 654-0599. Sincerely, Y1 PJ King Construction Manager cc: file I1J11t' nitrile/" f:'lIft'rlaiIl1JH',a-, \drltll("L'/NL'H 11011.\(J Partll('fshijJ - FllIrlt/u f)i\-j,io}f ~--=--~._"-_.. fLAT OIi' SURVEY , ' I.OT 31, WRLOHl 1ERRACE .. ~-== DESCRIPTION RECORDED IN fiLAT BOOK IB PUBLIC RECORDS OF SEI1II 110 Lf. UJ'T ss eUJO<. "0" D.l. mnClIllL '3UIlVE1 bl' WE. rro~S ~,'LE\N GRl\tJT ~.'b1"Oa I~.t. P~EPARED fOR: 1R~C.~ l. RE~\ CK ~ S(~1T \1\. C:JH.,lN CI;.F\1IfIED 10: Ii l:RlC , f1'{lIlTlil$il Sll.\JT1 ~N:.'1 L. SEt-lIe'l ",COIT 11\, 81MU IRELAND SURVEYING, INC. 2950 ALOMA AVENUE. WINTER PARK. FLORIDA 32792 SUITE 401 . PH: 678.3366 . FAX: 671-6678 ~1=lR-12-1998 11;: 57 0.1; __--~I 0,0' fNOcA"'q- 30 z" 'ii~ \..n l.~ ...;=- .-1 . ~ p ~ 1.0' ~~e.1.0' ..cT 12511A" .. BLOCK .. IICWOAR'I UNE .. CE,NTER UNE .. CtWH LINK FENCE . CI,LCuu.TED . COHCRETE BLOCK .. CllORD BE.o.RING .. C,)NCRETE MONUMENT . OJI'lCRE1'E .. DELTA .. DRAINAGE EASEMENT . ELEVATION .. e"SEIoIENT eASEMENT LINE .. fINISHED FlOOl\ .. ,.O~O . IflON PIPE .. IIRC LENGTH . I~EASURE 0 .. ',,,,,"Il a. DISC .. ~N MD'''l .. OFFlC"L RECORDS BOOK .. OVERHE"O poWER UNE . OVEAHE"D TELEPIIONE LINE .. p\JI T .. PIJIT BOOK BlK ~ -'t'- ~tc. <;,B. CI\,B. C.M. CONe. c.. D,S, ELEV. ESIoIT. F,F. FND. lP. l. 101. Na.D ~.~.B. -.- p:l- P,8, \ \ '1' 1'\1\\11\\ tllOS LEliEtoJD p,C,C. P.C.P, PG. P,O,B. p,OC. P,C. p,O,l. p,p, PJ\,C. p,R,t.\. P.l, MD. R, Ra.C REC. !\FD. II.P~ R.I\. SET REBIJI S/V'I 1.R. 'NP. uE. W,M. 1,0' \.0' 11 ~~~ .iJ)IIO ~RO$~~~~~. ~~~t. POINT OF COMPOUND cuRVE .. ,PERlMNENT CONTR~ POINT .. PAGE . POINT OF BEGINNING . POINT OF COMIoIENCEMENT .. POINT OF CURVE . POINT OF lINE .. POWER POLE . POINT OF REVERSE CURVE .. PERtMNENT REFERENCE MONUMENT .. POINT OFT,\NGENC'I . RADIAL . RADIUS .. REBIJI & CAP . RECOVERED ROOFED . I\lGHT.OF'W"'1 .. RADIUS poINT . RAIlROAD ' . 618 REBAA W/CM' eflS 4200 . SIDEWAlK . TElEPIlONE fIlSEI\ . 'NPICAl .. UTllrTY E"sEt.lENT . WATER METER . WOOD FENCE . HOGWlI\E FENCE 6783366 ------- -;~.;.~f;:. ---- 1,0' F~',I{'4' ~ I SCAL~ '" - ZO' DATE '3- S ":,:l& c;I.) .~ Lf'\ ~ ~ r" 3~a: ::::: !=' a ...... .r" :;,. ::~- L, o'~. ore" Rfl1J\1t .1 \; \~ I Ii I: tQI.f.S lHIS PROPER'N LIES IN ZONE ~~ PEII f.l.R.1oI. COMIoIIJNI'N p,\NEL NQ. 1'70!'l~ 0110;.. D"TEO ~-1T''5'i'_- BEAIIING STRUCTURE IS BASED UPOtl TilE LINE DENOTED WlllI'BS' 'IUS BUILDING DOES NOT LIE WITliIN THE ESTfJlUStlED lOll YlW\ flOOD p\JIIN ZONE. SURvEY BASED ON lEGM. OESCI\lPTIOH SUPPLIED BY ClIEH1. SUBJECT TO Ml'l E"SEI.IEHTS "NOIOR IIESTI\ICTIONS Of REC9110 uNoEl\QoROUNO \lTllITlES ,\NO FOOTERS HIIVE NOT BEEN LOCATED UNlESS HOlED. ~ . ,,' r= rn p W ~ .> ~ f --1 4D 210._ ~~."f~~,~ rLooO SO!,'.> OtTIJJ\I~119M IIIOIlll 11101011 II IUDJlcT TO riM)."" ..L .t r...' . ,"""..co'), "'i.&(",~~;j..,-,h~;'" ,__"T'f,l"1O$ ~..'on'l!.dTO#""-""'.-- .. "'i)'1l~'>Y."1'4,~"'" ,?""cii""ON 1)4 00" -...... oil "_.\P!~S(tl,,~"~I""""""~'o""- ; ,,"""'"" "~? ,""V!"' _.p"J''' - .,.,. D!' ,,,.-- ' ,.cC9!'P~.,,~~"ou:tA.oMM .'~' ~/ ~I1M)IV~~ ... ,.'/. ,t ..~9 " :.... ," ,,' :1',(iJ , ~ ...,;,) --': " , PU- mlS ilJRYI't IS Jt1005D ~ THI US. i"Tf'J'D ,-",... . no"'.... "",............. -' ....._"...."'.................. 96% P.03 ORDINANCE NO. 700 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA V ACA TING, ABANDONING AND CLOSING THE SOUTHERN SEVEN AND ONE-HALF (7 1/2) FEET OF THAT FIFTEEN (15) FOOT UTILITY EASEMENT LOCATED TO THE REAR OF LOT 33, WALDEN TERRACE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 18 PAGE 69 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECT][VE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida has determined it to be in the best interest of its citizens to vacate the utility easement described herein; WHEREAS, the City Commission of the City of Winter Springs finds and declares that the herein described property is not longer needed for public purpose. NOW, THEREI'ORE, be it ordained by the City Commission of the City of Winter Springs, Florida as follows: SECTION I: The City hereby vacates, abandons and closes the following described property: THE SOUTHERN SEVEN AND ONE-HALF (7 1/2) FEET OF THAT FIFTEEN (15) FOOT UTaITY EASEMENT LOCATED TO THE REAR OF LOT 3i3, WALDEN TERRACE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 18 PAGE 69 OF THE PUBLIC RECORDS OF SlH:MINOLE COUNTY, FLORIDA. SECTION ll: That any portion of any City Ordinance in conflict herewith shall be hereby repealed. SECTION ill: Ifany sentence, phrase or portion of this ordinance is for any reason held or declared to be unconstitutional or void, such holding shall not affect the remaining portions of this ordinance. ,0,., SECTION IV~ This Ordinance shall be effective upon its passage. DONE AND ORDERED THIS in Chambers at Winter Springs, Florida. DA Y OF , 1998, PAUL P. PARTYKA, MAYOR ATTEST: CITY CLERK First Reading Second Reading Posted THIS INSTRUMENT WAS PREPARED BY: Donald R. LeBlanc Land Development Coordinator City of Winter Springs 1126 East SR 434 Winter Springs FL 32708