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HomeMy WebLinkAbout2001 06 11 Public Hearings H Second Reading - Ordinance 2001-36 Vacate and Abandon COMMISSION AGENDA ITEM H Consent Information Public Hearin2 X Re2ular June 1 L 2001 Meeting ~ Mgr. / ~ePt REQUEST: The Community Development Department presents to the Commission for their action the Second Reading of Ordinance No. 2001-36 which will vacate and abandon a portion First Street located northeast of State 434 in the Town Center District and recorded in Plat Book I, 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 Second Reading of Ordinance No. 2001-36 which will vacate and abandon a portion of First Street in the Town Center District. This action is necessary to complete contract obligations and schedule closing on the Blumberg property to purchase rights-of-way for Hickory Grove Park Boulevard and the east-west connector road. CONSIDERA nONS: The vacation of this right-of-way will allow the City to further the goals, objectives and policies for the Town Center. Vacating this portion of the right-of- way on First Street is necessary to coordinate the purchase of the additional right- of-way needed for the proposed Hickory Grove Park Boulevard and the east-west connector road. June 11,2001 PUBLIC HEARING AGENDA ITEM H 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 of ten (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 full in a properly indexed book kept for that purpose all such ordinances and resolutions. June 11,2001 PUBLIC HEARING AGENDA ITEM H Page 3 FINDINGS: 1) The City is administratively vacating the right-of-way to re-align the First Street intersection with State Road 434 to be more advantageous for the Town Center. 2) The property on both sides of the right-of-way are within the City of Winter Springs and are owned by Mr. and Mrs. Blumberg. 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) The purchase agreement to acquire the Hickory Grove Park Boulevard and east-west connector road require the vacation of a portion of First Street prior to closing. 5) Letters were sent to utility agencies on May 22, 2001 to request permission to vacate the right-of-way. RECOMMENDA TION: The recommendation is that the City Commission approve Ordinance No. 2001-35. ATTACHMENT: A - Proposed Ordinance No. 2001-36 (Legal Description/Map) B - Acknowledgement from Utility Companies C - Legal Ad COMMlSSION ACTION: ATTACHMENT A ""- '1 ORDINANCE NO. 2001-36 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, V ACA TING, ABANDONING AND CLOSING THAT PORTION OF FIRST STREET AS DEPICTED ON EXHIBIT 1 AND LEGALLY DESCRIBED ON EXHIBIT 2, 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 fmds that the City has no public use of the aforementioned portion of First Street; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby fmds this ordinance 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 ORDAINS, AS FOLLOWS: Section 1. Vacation of Right-of-Way. The City hereby vacates, abandons and closes that portion of First Street as depicted on Exhibit 1 and legally described on Exhibit 2. Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resplutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 3. 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 City of Winter Springs Ordinance No. 2001-36 Page I of 2 'i validity of the remaining portions ofthis ordinance. Section 4. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 29th day of May ,2001. ~ .e:. " ". \ ..~.:~. PAUL PARTYKA', .' '..z1' ,. ~ayor ' A~TEST:, / I'-LL - A~ ANDRE"k City.--cterk NZO-LUACES o legal form and sufficiency for I r Springs only thony A. Garganese, City ttorney First Reading: May 29, 2001 Second Reading: June 11, 2001 Effective Date: June 11, 2001 F:\DOCS\City of Winter Springs\Ordinances\Vacation - First Street - Blumberg.kj City of Winter Springs Ordinance No. 2001-36 Page 2 of 2 , ' . .'1 . ., . .' . . ... iii - J: >< W .sa(qq~ EXHmIT 3 LEGEND State Acq . . . C" Ulsltlon Parcel .0 tty Acquisition P Sm- Option A arcels-----'O P greement--- edestrian Bas ---------.0 P 11' ement to b10n of First Street o e vacated SCALE 1" = 200' .', '. ' '\ o " . LEGAL DESCRIPTION OF PORTION OF FIRST STREET TO BE VACATED BY THE CITY OF WINTER SPRINGS FIRST STREET RIGBT-OF-WAYVACATION DESCRIPTION: That part of Lot 28 Block "B", D.R MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP as recorded in Plat Book: I, Page 5 of the Public Records of Seminole County, Florida, more particularly described as foJJows: Commence at the Northwest comer of said Lot 28, B10clc "B". DJl MITCHELL'S SURVEY OF TIIE LEVY GRAN! ON LAKE JESSUP as recorded in said Public Records $aid point being a recovered 3/4 inch iron pipe; thence runS 180S8'28" W aJongthe West line of said Lot 28 a distance of 720.17 feet to the North Right of Way. line of First Street (a 30 foot unopened right of way) and the POINT OF BEGINNING; thence run S 71024'05" E along said North right of way JineJor a distance of 423.48 feet; thence S 65037'18" W a distance of 44.01 feet; thence N 71 024'05" W a distance of 452.60 feet to a point on the Northeasterly Right of Way line of State Road 434 per Florida Department of Transportation Right of Way Map Section 77070-2516; said point being on a Non Tangent cwve concave Northeasterly having a radius of38436.74 feet and a chord bearing of N 38038'21" W; thence run Northwesterly along the arc of said curve through a central angle of 00004'57" for an arc distance of 55.44 feet to a point of Non Tangency; said point lying on the aforementioned North Right of Way line of'F'ltst Street; thence run S 71 024'05" E along said North Right of Way line for a distance of 107.94 f~t to the POINT OF BEGINNING. EXHIBIT :Cl~~'Y/T:Ol~{) J~.O'PER & i~L%.J~:gjf]j1Ll. ATTACHMENTB 8-1-1 ,\/u<":/Iir(' /":{'tI,' (ko{'l'. F/rwidd .,'--r:(jI.~i..J/(., Jd ..Jt)7.53~-,,,'5')6 r;,x -/li7.(':if>.//f,:: ~ TIME WARNER '" COMMUNICATIONS May 31, 2001 Tracy Crowe City of Winter Springs 1126 State Road 434 Winter Springs, Florida 32708 Re: Request for the Vacation of Right of Way SECTION 36, TOWNSHIP 20, RANGE 30 Dear Ms. Crowe, Time Warner Communications has reviewed your request for the Vacation of Right of Way described as; That portion of the 30' wide unimproved First Street RightofWay as recorded in Plat Book I, Page 5 of the Public Records of Seminole County and specifically described in your correspondence dated May 22, 200 I. Time Warner Communications has "No Objection" to the Vacation of Right of Way as described above. Please do not hesitate to call me at (407) 532-8508 should you have any additional questions regarding this matter. Sincerely, ft, P.J. King Time Warner Communications Construction Manager .j),v cc. Marvin L. Usry, Jr. ...f'J. Construction Supervisor PJK!vbs lil//f' Hi,,.,t,'j I 'lfrlj',/tllJl/r I' \,,1. ,.' ,.. :."./. /',I,Il//', ,1111' i :,.,.'./,. 1)/II\f,JI/ 830 west 6th Street Sanford, FL 32771 .(4~7) 32?-5733; . (407).323-4354 fax May 23rd, 2001 . Tracy Crowe City of Winter Springs 1126 State Road 434 Winter Springs, Florida 32708 RE: Vacate Portion of First Street Dear Ms. Crowe: Florida Public Utilities has no objection to the petition to vacate that certain 30 foot wide portion of First Street located in that part of Lot 28, Block B, D.R.MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida, as shown on the attached Exhibit 1 and beirl'g more p~icularly described on the attached Exhibit 2. If you have any questions or need additional information, please feel free to. call. ~_/ ~P.Scn~~ Senior Engineer Central-Florida Division Attachments - Vicinity Map (Exhibit 1) - Legal Description (Exhibit 2) ATTACHMENT C . '\ COMMUNr.tr DEVELOPMENT DEPARTMENT LEGAL AD,VERTISEMENT COVER SHEET c5";~9- 0/ DATE: GENERAL lNFORMATION: Community Development Department v1llanning _ Building. _ Code Enforcement _ Engineering Drafted By: 7A-~ ~ Publish Date(s): ~ / J ~ OC) / t:7 ' Advertisement Title: ~~ tJ j/ ~ Submitted By: Division: Number of Pages: 0 Publication: ~ Orlando Sentinel o Seminole Herald o Other ~ne Product(Seminole County) o Full Run (5 Counties) NEWSPAPER REQUIREMENTS: o 18 Point Headline o Advertisement must be a minimum of 2 columns wide x 10" long Reviewed By: Charles C. Carrington L Date: S~ <S.-c/ ( Anthony Garganese Date NOTICE OF CONSIDERATION OF RIGHT-OF-WAY VACATION CITY OF WINTER SPRlNGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS WILL HOLD A PUBLIC HEARING FOR SECOND READING OF ORDINANCE 2001-36 CONCERNING ABANDONING AND CLOSING AN EXISTING UNUSED RIGHT-OF-WAY LOCATED NORTH OF STATE ROAD 434 AND WEST OF TUSKA WILLA ROAD AND GENERALLY DEPICTED ON THE MAP BELOW. ... ~ 1065 WINTER SPRINGS POST OFFICE , , , , , WINTER SPRINGS CITY HALL , , , , , , , , , , , , , . , , , , , , , , ~ ~ ... ~ ~ ~ '" ~ JOI ... ~ '" ... ... ~ ... , IIJO ~ S ~ :'. /"f~ 1/; J{)4 J06 ;. JOB \ \6~ ~ ~ A~ '" '" J.17 . " , , , ' .. ' J. THE TITLE OF THE PROPOSED ORDINANCE IS "AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, VACATING, ABANDONING AND CLOSING THAT PORTION OF FIRST STREET AS DEPICTED ON EXHIBIT 1 AND LEGALLY DESCRIBED ON EXHIBIT 2, AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." THIS PUBLIC HEARING ON THE PROPOSED RIGHT-OF-WAY VACATION WILL BE HELD ON JUNE 11,2001 AT 6:30 P.M. AT THE WINTER SPRINGS CITY HALL IN THE CITY COMMISSION CHAMBERS AT I 126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. INTERESTED PERSONS MAY ATTEND AND BE HEARD. A COMPLETE METES AND BOUNDS LEGAL DESCRIPTION OF THE SUBJECT PROPERTY AND THE ORDINANCE PERTAINING TO THE ABOVE MAY BE OBTAINED FROM THE OFFICE OF THE CITY CLERK, AT CITY HALL, 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. FOR MORE INFORMATION CALL 327-1800 # 227. PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE RELATIONS DEPARTMENT COORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT (407) 327-1800 # 236. THIS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY DECISION OR RECOMMENDATION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, YOU WILL NEED A RECORD OF THE PROCEEDINGS, AND, FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED. ANDREA LORENZO-LUACES CITY CLERK