HomeMy WebLinkAbout2001 05 14 Public Hearings B First Reading - Ordinance 2001-35 Vacate and Abandon
COMMISSION AGENDA
ITEM B
Consent
Information
Public Hearin
Re ular
Mgr.~ep~ leA ~ ()rf,,/;/
xx
May 14. 2001
Meeting
REQUEST: Community Development Department presents to the Commission for their
action the First Reading of Ordinance No. 2001-35 which will vacate and
abandon an unnamed right of way located on the west side of Tuscawilla Road,
south of State Road 434 and contiguous to the current Town Center District in
Plat Book 1, Page 5, Public Records of Seminole County, Florida.
PURPOSE: The purpose of this agenda item is to present to the Commission for their action
the First Reading of Ordinance No. 2001-35 which will vacate and abandon an
unnamed right-of-way located on the west side of Tuscawilla Road, south of State
Road 434 and contiguous to the current Town Center District.
CONSIDERATIONS:
The applicant is currently vacating three existing rights-of-way. Two of the
rights-of-way, identified as Parcels 1 and 3, are located in Seminole County and
the remaining right-of-way, identified as Parcel 2, is located in City of Winter
Springs. The County will process the vacations within their jurisdiction. The
City of Winter Springs has been asked to vacate only Parcel 2. The legal
description for Parcel 2 and a map identifying all three properties is attached.
The right-of-way is the only means oflegal access to Lots 59-63 and Lots 71-76 to
the west. A letter of authorization was received on March 7, 2001, from
Seminole Pines, Ltd., the property owner for the referenced lots with no
objections. The letter of authorization is attached as Attachment C.
May 14,2001
PUBLIC HEARING AGENDA ITEM B
Page 2
APPLICABLE LAW:
CHARTER. ARTICLE IV. MAYOR AND CITY COMMISSION
Sec 4.14. Actions requiring an ordinance.
In addition to other acts required by law or by specific provisions of this Charter
to be done by ordinance, those acts of the city commission shall be done by
ordinance which:
(6) Conveyor lease or authorize the conveyance or lease of any land of
the city;
Section 4.15. Ordinances in general.
(a) Form. Every proposed ordinance shall be introduced in writing in the form
required for final adoption. No ordinance shall contain more than one subject
which shall be clearly expressed in its title. The enacting clause shall be "The
City of Winter Springs hereby ordains ....."
(b) Procedure. An ordinance may be introduced by any member at any regular or
special meeting of the commission. Upon introduction of any ordinance, it shall
be read in its entirety; provided however the said reading may be by title only if all
members of the city commission so vote. All ordinances shall be read twice, the
second reading of any ordinance shall be by title only and shall follow the first by
a minimum often (10) days; provided however, this requirement may be waived
by a unanimous vote of all five (5) members of the commission. All ordinances
shall be posted in the city hall for thirty (30) days after their first reading.
(c) Effective date. Except as otherwise provided in this Charter, every adopted
ordinance shall become effective at the expiration of thirty (30) days after'
adoption or at any date specified therein.
Section 4.16. Authentication and recording; codification.
The mayor and the city clerk shall authenticate by their signatures all ordinances
and resolutions adopted by the city commission and the city clerk shall record in
May 14,2001
PUBLIC HEARING AGENDA ITEM B
Page 3
full in a properly indexed book kept for that purpose all such ordinances and
resolutions.
FINDINGS: 1) Sandy Bierly, with CHC Development, on behalf of the Owner, L.D. Plante,
Inc., made the request to vacate and abandon the subject right of way.
2) The property on both sides on the right-of-way are within the City of Winter
Springs.
3) The Public Works/Utility Director reviewed this request and affirmed that the
subject right-of-way was not needed and that he has no objection to it being
vacated and abandoned.
4) A letter of authorization was received from the fee simple owner ofthe subject
right-of-way which is attached as Attachment C.
5) Letters were received from applicable utility agencies acknowledging
permission to vacate the right-of-way which are attached in Attachment D.
CHRONOLOGY:
March 6, 2001 -
Seminole County issued a staff report identifying the need for
Winter Springs to vacate the right-of-way for Parcel 2.
The applicant submitted a written request to the City of Winter
Springs to vacate Parcel 2.
March 27, 2001 -
RECOMMENDA TION:
The recommendation is that the City Commission move proposed Ordinance No. 2001-35 to a
Second Reading.
,
ATTACHMENT: A - Proposed Ordinance No. 2001-35
B - Legal Description/Map
C - Letters of Authorization
D - Acknowledgement from utility Companies
COMMISSION ACTION:
ATTACHMENT A
Ordinance
ORDINANCE NO. 2001- 35
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA,
VACATING, ABANDONING AND CLOSING THAT UNNAMED
RIGHT OF WAY LYING ON THE WEST SIDE OF TUSKA WILLA
ROAD, SOUTH OF STATE ROAD 434 AND CONTIGUOUS TO THE
CURRENT TOWN CENTER DISTRICT, AS RECORDED IN PLAT
BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, PROVIDING FOR CONFLICTS, SEVERABILITY AND
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida
finds that the City has no public use of the aforementioned unnamed right of way;
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 that unnamed
right of way described herein;
NOW THEREFORE, the City of Winter Springs hereby ordains the
following:
SECTION I: The City hereby vacates, abandons and closes the following
described property:
THAT UNNAMED RIGHT-OF-WAY LYING WEST OF LOTS 31, 32,
47,48,63 AND 64; WEST OF UNNAMED RIGHT-OF-WAY
BETWEEN LOTS 31 AND 48 AND BETWEEN LOTS 47 AND 64;
SOUTH OF THE NORTH LINE OF LOT 32 EXTENDED WESTERLY
AND NORTH OF THE SOUTH LINE OF TUSKA WILLA AS SHOWN
ON D.R MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT
AS RECRODED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA AND FURTHER DEPICTED ON
EXHIBIT A OF THIS ORDINANCE.
SECTION II: That any portion of any City Ordinance in conflict herewith
shall be hereby repealed.
SECTION ITI: Severability: If any section, subsection, sentence, clause,
phrase, word or provision of this ordinance 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 ordinance.
SECTION IV: This ordinance shall be effective upon its passage.
DONE AND ORDERED THIS
in Chambers at Winter Springs, Florida.
DA Y OF
, 2001,
PAUL P. PARTYKA, MAYOR
REVIEWED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS, FLORIDA ONLY.
ANTHONY GARGANESE, CITY ATTORNEY
ATTEST:
ANDREA LORENZO-LUACES, CITY CLERK
First Reading
Second Reading and Public Hearing
Posted
THIS INSTRUMENT WAS PREPARED BY:
TRACY 1. CROWE, AICP
PRINCIPAL PLANNER
CITY OF WINTER SPRINGS
1126 EAST SR 434
WINTER SPRINGS, FLORIDA 32708
ATTACHMENT B
Legal Description/Map
FROM : BIERLY
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FAX NO. : 4076821213
0< DEVELOf'r1ENT
M~r. 27 2001 ~~:3aAM P3
407 84l 1623 p.e3/e6
Legal DesmpUon #1
THAT UNNAKED RIGHT-Of-WAY LYING WEST OF LOTS 31, 32. 47, 48, 63,
AND. 64; WEST OF UNNAMED RIGHT-OF-WAY 9ETWEEN LOTS 31 AND 48 AND
BETWEEN LOTS 47 AND 64; SOOTH OF THe NORTH LINE OF LOT 32
EXTENDED WESTERLY AND NORTH OF THS SOUTH L,INE Oil TUSI<AWtLLA AS
SHotIH ON D. It. KITCHELL'S SURVEY or THE MOSES E. LEVY GRANT AS
RECORDED IN PLAT BOOK 1 AT PAGE S OF THE PUBLIC RECORDS Of'
SmsINOLE COt.1N'I'r, FLORIDA
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North
~BpWYER
0.nLl 'JGLETON
& AssOCIATIS, INCORPORATED
Right-of- Way
Vaca te
CHC Development
VACATE MAP
Prepared For:
CHC Development
f~O'"U'UHO . ".....rMQ. . IiUlIN"nfltO . fN'V",OJlftllnnM
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
(407) 843-~120
FAX 407-649-8664
W1nt., SprIng", Florid.
05/31/00
TSW I
ATTACHMENT C
Letters of Authorization
FROM: BIERLY
FAX NO. : 4076821213
Mar. 27 2001 05:26AM P2
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LETTER OF AUTHORIZATION
LEGAL DESCRIPTION OF PROPERTY
TO.~~ip (T)~ Range (R) 30 I Section (5) ~ Bleck (B) 0000, LotIParcel 0250
Subdivision Name and :'-iumoc.r: r~awilJ;!
~etes and Bound Lei!a.l: Attached
- ((){JJ Attach and initiaL If ttecessary,
STATE OF: FLORIDA
COVNTY OF: SEMINOLE
I, L. D. Plante. Inc. . the simple fee o~er of the above described property, hereby
a~(horize em: H. Cahill of eRe Development Co.. Inc., to serve as agent on my
behalf :lnd in stead for th~ Fl.Upose of making and e.xecuting, .it the "Se:lt's discretion, an
applicatio..a or applications for development permit approval by the City of Winter Springs.
Florida. on the ~foreme.otioDed property iDc!lJding, but not limited (0. applic:ltions (or
aa.c.exation, special exception. conditional use permit. comprehensive pian .ilm~J:ldmc:nt.
zoning IlD'lcndmc;nt. subciivision of land. city code variance and waiver requests, :iT,.e~~ aIle!
A plat vacations. PUD approval, site i'1s.n approval. and engineering :i.-:'C building permit
appro'llcl. Ar.y reprc~cnta.tjO!1 made on :11Y behalf by my authorized ag~nl shall be lel:al1y
bmdi'lg on :TIC:: and my 3foresaid property as if 1 myself had made said re:Jr:se:o.tauons, and
the City of Winter Springs has the right _0 rely on said representations in approving or
disapproving any aforesaid application for de'"elopI:le:lt or. my ~.l)eScljd Fropert":'.
~ ,v.I-1...4-vr-:-. /~(!...
, O(h-.~(JJ~E
(Sjgna[~rc ofOwnerj
Sworn to md subsgilied before me
this~l.st dayof.-J....l.r"\e... f~C()
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NOTARYe LIC. Stat~ ofFJorida
My Commission Expires: ~/NNlmINh'UJ":1
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,,",,' ~(I. Shirl/:)' .M. "I1Cf:1OG . : :
Personally Known ( .........). M~" N4WY~Iic,s~or~ :.
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Type of Identification Pro .." My C--i.uiM EYp. 061lll"..tlOl ::
, _ PIa /4wW7 s-;..a -.... ~.' :
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JUN-21-202e 13:35
343 1'347
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P.02
FROM: BIERLY
Jun-22-00 O?:06P
J....,.-.;.J-,.:.,rt.J'L. ..no...
FAX NO. : 4076821213
Mar. 27 2001 05:27AM P3
.~~6. 6,,,,lt,J .. U...J" UJ
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CITY OF WINTER SPRJNGS
1..ETIER 01' AUTHOKlz.ATION
LEGAL DESClUpnON or PROPERTY
T ownsh.\p (T) 29.-, ~ (ll)JQ., seeton (5) 1L 81o~ (B) 1 ,aJl. Lot/Partel opoO 0360
Subdivl"on Name and Number. _ n.R Mitchell's ~ury~ of the Levy Qrwt
STATE OF: fLOIUDA
COUNTY OF: _SEMlNOLt:
~
I, $cminole Pinn ~~()C.. Ltd-'---l th& sim91c fee: owna' of the I~ve d.s~nbd property,
Mreby authorize Carl H. CabiU of eRC OevoJoOflUlllt Ce-.. me., to seriO as ateftC on
my behJJf and in SlNd foe die pwposc of JHking GIld c:xcculi~ at the .sern'l di~on.
at, applicatlon Of .pplications for development permit approval hy the City of Wintn
Springs) Florida on the afOre'ttlenUOfted property inc1udiJ1g, but not limited la. appliutions
(or annaa\ioo. spec\al exception. condit~ use pennit. comprencnsive plan anlendtnent.
lofting '"'tftdrntlu. subdivision of 1aDd, cily code vtriance aM ..vajver requests, streell1ld
plat vacations, ptJI) approvtl. site plan IPPfoval, and C'nglneering IDI1 building permit
approval. AAy represenration Made on !DY bcbalf b)' en)' ~rized agOf'( .hAll be les41l)'
bindiA, OD me and my afo~ propaty ~ if I myself had made said represcntatioDS. and
the City of Winter Spalnp hu the riChl to rely on laid repztKAtlUolIS iD approl/1nc or
disapptoving any uon:.said appJi~uoD for developmc:nt UD my ~rOKsaid propcny
tNS ZZ- c1a.yof ...~((1n<L t.I..&L....
~~ elJf7fl
~OTA.RYP~lC) S ofF1Qrida
My C~!Sion. f.J(pitt,:
Persooally KnOWll ( ). 01
Type of ldendti~&tion P~odu.eec1
-
~ -
~ TtMOn-ffc.~
j tolOklrY p\lblc - $Jate or Aafda
Mf commiSsion ~ ~26. 2QD2
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ATTACHMENTD
Utility Agency Letters
FROM BIERLY
FAX NO.
41376821213
Mar. 27 20131 fj5:33AM P3
@ BELLSOUTH
Sell Sou.}, Network Services
132 Commllrce W:Jy
Sanford. Fl 32771
January 29,2001
Q IE~EnVlErn
FE B 2 8 2001 U
Carl Cahill
CahilJ Entt:rprises, Inc.
131 Park Lake St.
Orlando,FL 32803
RE.
. .
Right-of-way Vacation
West ofTusckawiUa Rd. & S. ofSR434
3 unnamed right-of-ways
This letter will serve as our noti~ that BeUSouth has no conflict, or objection with your request
to vacate the above noted easements, per your letter received 2/7/01.
Please call 1-800-432-4770, to have all utilities fidd located prior to any type of work
commencing.
II
Should you have any questions, please do not hesitate to call me at (407) 327-0447. I,wQuld also
appreciate a copy of your plans on Avery Park upon their. completion.
Sincerely,
~Y#~
Martin D. Nosic
Project Manager I BellSoulh
FROM BIERLY
FAX NO. 4076821213
Mar. 27 2001 05:34RM P1
830 West 6th Street
Sanford, FL 32771
(407) 322-5733
(407) 323-4354 fa~
th
February 7 ,2001
Carl Cahill
C. I:I. c. Development, Inc.
131 Park Lake Street
Orlando, FL 32803
RE: . Vacate Unnamed Right-oi-Ways
For Town Center District of Winter Springs
FEB 1 2 2001
Dear Mr. Cahill:
Florida Public Utilities has no objections to the petition to vacate those unnamed right-of-way:>
located within the MOSES E. LEVY GRANT as recorded in Plat Book 1, Page 5 of the Public
Records of Seminole County, Florida and. as being more particularly described on the attached
Legal Description # 1, Legal Description # 2 and Leg4tl Description # 3.
If you have any questions or need additional information, please feel tree to call.
"
DanP.
Senior Engineer
Central-Florida Division
Attachmcrlls (Three Legal DescriptionSi
FROM: BIERLY
FR?< NO.
4076821213
Mar. 27 2001 05:35AM P2
e4!...O.
.. ..~-:::~~ Florida
· ~I: Power
. V CORPORATION
......
March 5, 2001
IT ~CIEBV~~
,
r MAR"'9 an ;
L.
Mr. Carl Cahill
Cahill Enterprises, Inc.
131 Park Lake Street
Orlando, FL 32803
RE: Vacation and abandonment of unimproved Right of Ways
Dear Mr. Cahill:
Please be advised that Florida Power Corponttion has "no objection" to the vacation and
abandonment of those certain portions of unimproved right of ways, being more
particularly described and shown on the attached Exhibits A, B,. C and D.
--
"
This va and abandonment is contingent n ervation of a 10 foot wide
utility easement (S ee e existing overhead power line at location #3) to
be tiled within the Ion and record a c Records of Seminole
Count Q. .~ ~
(... ("'.
If I can be of further assistance, please do nOl hesitate to contact me.
Very truly yours,
Lori L. Herring
Easement Specialist
Jamestown Engineering
.,
JAMESTOWN ENGINEERING . 21:101 West Stat& RV'id 426. Oviedo. Florid;) 3276& . T6lef.'tlVnc (407/ 359-4429 .
Fsc$imile (4071 359.4449
A FIQricfa ProgrlJss Camp/my
FROM
BIERLY
FAX NO.
4076821213
Mar. 27 2001 05:36RM P4
84-1 M(I,~";'" /(""'/
Oeln't'. I'"/'.'Iido ,"/,'('/..!(I/(I
"/f"( -((175.') .'))(J6
/'ill' 4117.6.)(,;./1 f,?
February 13,2001
n ECIeDVlEro
FrB J 6 2001 U
~ TIME WARNER
\:' COMMUNICATIONS
Carl Cahill
Cahill Enterprises, Inc.
13 I Park Lake St.
Or!imdoj FL nSOl
Re: Request for the Vacation of Rights of W flY
SECTION 1, TOWNSHIP 21, RANGE 30
Dear Mr. CabilJ,
Time Warner Communications bas review~ your request for the Vacation of Rights of Way described as:
The unnamed Right of Way lying west ofLolS 31, 32. 47, 48,63 l.U1d 64, and as described in
"Description #2" of your correspondence dated February 7,2001.
The South Y:I of that unnamed Right of Way lying north. afLors 37 and 40, and as described
in "Description #3" of your correspondence dated February 7, 200 I .
"
The unnamed Right of Way lying south of Lots 55, 58, 59,62 and 63, and as described in
"DeKription #1" of your correspondence dated February 7, 2001.
lime Warner Communications has "No Obiection" to the Vacation of Rights of Way described above.
PJ~ do not hesitate 10 call me at (407) 532-8508 should hilvc any additional questions or concerns.
Sincerely,
I{t.'j
P.J. King
Time Warner Communications
Construction Manager
cc: Marvin L. Usry, Jr. ~
Construction Supervisor
P JK/yb:l
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