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HomeMy WebLinkAbout2002 10 28 Public Hearings A Second Reading - Ordinance 2002-30 Vacate and Abandon a Segment of Highland Village One COMMISSION AGENDA ITEM A Consent Information Public Hearin Re ular x October 28. 2002 Meeting Mgr. (l./IDept.f leA I REQUEST: Community Development Department presents to the Commission, the second reading of Ordinance No. 2002-30, which will vacate and abandon a 106.00 foot long segment of a 5 foot wide utility easement, located along the west side of Lot 9 of Highland Village One (317 Kirkcaldy Lane). PURPOSE: The purpose ofthis agenda item is to present to the Commission, the second reading of Ordinance No. 2002-30, which will vacate a 5 foot-wide, approximately 106.00 foot-long utility easement, located on the west side of Lot 9, Highland Village One, as recorded in Plat Book 29, Pages 66-68 ofthe public records of Seminole County, Florida. The 10 foot-wide utility easement in the front and the 15 foot-wide utility easement in the rear of the lot would remain un- affected. CONSIDERATIONS: The applicant, Mr. Brian Mervin, requests the vacation of the portion ofan un- used platted utility easement that is not needed for utility provision, now or in the foreseeable future. The applicant's survey depicts a portion of the primary structure extending into the subject utility easement. The applicant states that the home was constructed during the 1980's and has requested copies of the approved building plans. Staff has been unable to locate any building plans for this site. The tax records indicate that the house was finished in 1986. The City is required by law to maintain single-family residential building plans for 15 years. Mr. Mervin is trying to sell his house and needs to have the easement vacated for the title work. Correspondence from utility providers, the legal description, and a map are provided as attachments. APPLICABLE LAW: October 28, 2002 Public Hearing Item A Page 2 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 liThe 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 ofthe 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. 2 October 28, 2002 Public Hearing Item A Page 3 FINDINGS: 1) Homeowner Brian Mervin requests the City vacate the subject 5 foot-wide utility easement that extends approximately 106.00 feet along the west side of Lot 9, Highland Village One. 2) A portion of the home has been constructed into the 5 foot-wide utility easement (depicted in the attached copy of a survey). 3) The Public WorkslUtility Director reviewed this request, affirmed that the subject easement is not needed (now or in the foreseeable future), and stated that he has no objection to it being vacated. 4) Letters were received from applicable utility providers, stating no objection to vacating the easement. CHRONOLOGY: September 20, 2002 Request to vacate received by the City. October 14,2002 First reading of Ordinance 2002 - 30 RECOMMENDATION: Staff recommends the City Commission consider and approve Ordinance No. 2002-30. ATTACHMENT: A - Proposed Ordinance No. 2002-30 B - Survey depicting lot, house, and easement to be vacated C - Acknowledgement from utility providers D - Application COMMISSION ACTION: 3 ATTACHMENT A ~nt By: BRI)WN,WARO,SALZMAN&WEISS,P.A.; 407 425 9596; Oct-23-02 3:59PMj Page 2/4 ORDINANCE NO. 1002-30 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE V ACA TION OF A FIVE-FOOT WIDE PLA TIED UTILITY EASEMENT WITHIN THE CITY OF WINTER SPRINGS EXTENDING APPROXIMATELY 106' ALONG TIlE WEST PROPERlY LINE OF LOT 9,BIGHLAND VILLAGE ONE, AS RECORDED IN PLAT BOOK 29, PAGES 66-68 OF THE PUBLIC RECORDS TN AND FOR SEMINOLE COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, PROVIDING FOR SEVERABlL11Y; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. the owner of real property, more particularly described below, has requested the vacation of a platted utility easement running the length of the westerly boundary of said property; 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, a copy of which is on file with the Community Development Department, that it has no objn~ctjon to the vacation of the subject utility easement; and WHEREAS, the City Commission of the City of Winter Springs. Florida, hereby finds this ordinance to be in the best interests oftbe 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. Recitals. The foregoing recitals are hereby fully incorporated herein by this refe:rence as legislative findings of the City Commission of Winter Springs. Section 2. Easement Vacation. The City Conunission hereby vacates the five (5) foot wide platted utility easement extending approximately 106.00 feet along the westernmost side of Lot 9, Highland ViJlage One, as recorded in Plat Book 29, Pages 66-68, of the Public Records in and for Seminole County, Florida, and as more particularly described on Exhibit "A" of this Ordinante, the S8l11le being incorporated herein by this reterence. City of Winter Springs Ordinance No. 2002.30 Page 1 of 2 !nt By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Oct-23-02 3:59PM; Page 3/4 Following adoption of this Ordinance, the same shall be recorded by the City CJerk in the Land Records for Seminole County, Florida. Section 3. Repeal or Prior IDcoDsi.tent Ordinances and ResolutjoBs. AU prior inconsistent ordinances and resolutions adopted by the City Commission. or parts of prior ordinances and resolutions in conflict herewith. are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection. sentence, clause, phrase. word or pfClvision of this ordinance is for any reason held invalid or unconstitutional by any ~ourt 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 of1the remaining portions of this ordinance. Section 5. Effective Date. This Ordinance shall become effective immediately upon ad()ption by the City Commission of the City of Winter Springs, Florida, and as provided by City Charter. A DOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of . 2002. PAUL P. PARTYKA. Mayor A lTEST: ANDREA LORENZO-LUACES. City Oerk Approved 8S to legal fonn and sufficiency for tbe City of Wiater Springs only: First Reading: Second Reading: Effective Date: ANTHONY A. GARGANESE, City Attorney F :\J),:".It:jly fir Wilur lIrnllPIC.lnIiDllnmW IttlfROWOniNo2OO2.30. wpd City of Winter Springs Ordinante No. 2002-30 Page 1 of 2 PLAT OF SURVEy P.uR salAN A. MERVIN SEMINOL( CQUNTy, FLORIDA DESC~IPTION . Lot 9, HIGHLAND VILLAGE ONE, accordin~ to the PIal therepf as record~d 1n plot Boo k 2.9 I p 3 9 e s 66 t h r 0 ugh 68, 0 f the P u b;l i c: R ~ cor d 5 0 f S em i nO 1 e C (I LI n t Y I F 1 0 r1 d'a.:~, SURvEYOR'S CERT)FICATE. This 15 to certify thot a Boundary SWrvey of the above described prop~rty . was made unoer my direction and the Pl~( hereon Is a corrett repreSentation of the same ~o the best of my kno~Iedge and belief. The surveyor hh5 not abstracted. the 1 d n d 5 I) 0 w n her eon for e a s em e n t sri 911 t ' 0 f _ way S 0 r 0 1<.. tte:r '..m a t t e r S 0 f r e cor d \: h d m~y affect thE": SUQject property. C;piesi of thIs surv;:;!,=-::aj"Ji'I.!:lv,lll1d unless embossed \o/ltll the seal of the surveyor. I Also C(lrtif=fe.d,::t~(f~"'''gllretten Mort9a9~ Company; and Meridion Title.. j~':!,~::- / 1/ -/.. / /. . ~ ~ : ~ '. 'r.-:::". t/ /1'" ~/?-i"z:;{__'./" ~,~il '!d.l(~~9-2: v. K. mn H, ill S , 16 ~;'~'_ .:---::;::- v. KELLY SMITH it. ASSOC 1 ATE S',"/'Ql.C", 7'" ..... 2018 CHa se Avenue "':"~.:':"'::>." Sanfor~, Florida '';,,-,'''' 407'/~22-22l3 I1OTES; Property is shown in flood zone C, per FIRM Panel 6120295 OOOSB, City of Winter Springs, Florida. Street address is 317 K!rkcaldy DrIve, "\ > J~l)RE:VIATION'? I. R~C. " ~ eCOVEf~l:'iO 2. I. P - I ~ 0 N PIPE ? P. C.'" F""o I NT 0 F'" ~ U" YATU~E 4, PYNT.. PAVEr-r~NT ? e'50MT. - Eb.:5er-Il!NT G., c.of...:C. '" c:.of.JC;:R:;;;:i~ ..~'..~_. (\'~. iii" - ~ -.) 01 ;di _ cr -;\:- . (\ Q f,\- 0, c:. t. ..;. ~ I SCALE: 1"""30' I ....' : \ ' "....-..., , - I ,,' ..V#J ",I( "'.....Bt"'La1 Cr..:o'.~ EXHIB T "A" A TT ACHMENT B !.. c [ 9, :~ I G H L.:':' j'; ~ '.' ILL .4 G ~ 0 j', E, .1 C COr' d 1 n CJ '. C ll1l:' r I C\ C '" ~, ~ v' as,' e cor rl (~d 1 n P t ~ l j) 00;: 2'9, ? age 5 6 c- [h,' 0 L 9 h (, 8, 0 f the 0 u D 1 1 (. R e cor d s 0 f 5 e: m 1 no 1 e Co un t y. F lor i <1 a<:'!, SURVEi'OR'j CERTiFiCATE This is to certify lh~t a Boul1dary Survey of the above described property wes m2de unoe,' my olrection and the Plel hereon is a correct representation of the sa~e :0 :he ~es[ of my knowledge ana ~elief. The: surveyor has not abstracted [ n e : 2.;1 d ~ n J ,vii her e: 0 n for e a 5 em" fl t s, ~ i S '1 [ . 0 f ' \~." Y 5 0 r 0 ~l:tc.~' '.m at t e r s 0 f r e cor d t h a' "ill' aU"CL t.llE: su:.jecc property. CJpies of tllis surv~~ai.eJif.\v.alid unless :? m b I) sse,j 0,,' i : 11 the sea 1 0 f (h e sur v C y 0 r . A 1 so c e r t i T-Te d<'i;~{['-!j a r' gar e t ten M 0 r t gag e COr.lpi.:r.y; ana ~'I~r i cion T j tie. ;;' '--~:'.c . ... ..::::-.. - - .. II ---'/ ,.../ i" ", -. : ..... .............- ,01)~ .. / .~~ / -:: -; . o. .. /, . / . .V7';-;'.,.-,- .0:,__. ~ ~,:,:..t 1 l1AR-:9-2:: .--- V.' K. S:~ ] T H, "C5'" # 1 6 S;..}:;..._-".~, ~~, V. ;~U.LY SMIT:-: [. ASSOCl.'\TES',-':QI.C\"7' ..... 2018 Chase ,iJ,venue ':.~....:'''~',',' San for (j, F 1 0 " i d a ,.07/322-2213 ." ,.. tlOTE S: Property is shown in flood zone C, per FIRM Panel 11120295 00058, City of i-linter Springs, Florida. Street address is 317 Kirkcaldy Drive.. Al7oRe-VIATION<? I. R",C. : RE'COV<i'I':.!?D 2. J. ,r;>. I RON PIPE ? ?C ~ POIf\iT OF CUR YATUR0 4- PVM T ~ PAVE!1c.'-oJ T ? ,""SMT. r EAsel"l~NT ~. c.a~C. = <:'OIoJ::::Rc'T~ I ... ~ \. . ,,:....-. ~ I 5 C ALE': I" = :3 0 / , ,.,' : \......' r-" , ... (\-..8 < 'C.a ' P -w20QS ATTACHMENT C ...:",." CITY OF WINTER SPRINGS, FLORIDA Utility I Public Works Department 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-6695 September 12, 2002 TO: John Baker, Currcnt Devclopmcnt Coordinator FROM: Kipton LockcuIT, P.E., Public Works/Utility Dircctor , I / j/r' RE: Request for Utility Easement Vacation Lot 9 - Highland Vill~lgC One 5' easement on wcsterly lot line We have reviewed the request to vacate the 5' utility easement along the west side of Lot 9 of Highland Village One. The Winter Springs Utility Department has no obiection to the request. Cc: Jim Olson ~,-~ ~ FltJrida Power :\ Progress Energy: >":)P;!:'I',' September 6, 2002 Mr. & Mrs. Brian Mervin 317 Kirkcaldy Dlive Winter Springs, FL 32708 IRE: Lot 9, HIGHLANDS VILLAGE ONE, accoroding to the plat thereof, as recorded in Plat Book 29, Pages 66 - 68, of the Public Records of Seminole County, Florida. Dear Mr. & Mrs. Mervin: Please be advised that Florida Power Corporation has "no objection" to the vacation and abandonment of that certain portion of 5 foot wide platted utility easement being more particularly desclibed as the West 5 feet (side lot) LESS the North 10 feet and South 15 feet thereof, of Lot 9, HIGHLANDS VILLAGE ONE, according to the plat thereof, as recorded in Plat Book 29, Pages 66 through 68, of the Public Records of Seminole County, Florida. If I can be of further assistance, please do not hesitate to contact me. Very truly yours, . /) 'I - "\ .--;.c \.{'){ / ,. . /, --. . / / ) /'?', // - /, /../' /~ (.j '-""" / }?-:J ~_.' 'G~-c'.----:/;'c.;- - Lori L. Herring' 7" Land Agent Nor1h Central Region ,JArv1[srOWN ENGINEERING. 2[101 West Slola I<oorj 1126. Ovicclo. FloricJo :l27()5. Ie Ie phone (1107) 35<).111129 . Fucsirnila (11[J!) :l~)(i.1111119 1\ noriCICl fJrooross COIII{Jonv September 6th, 2002 ~ Florida Public . Utilities Company tf~fJllliP~;Jtift&;(Ij-- .,,- 450 South Highway 17-92 DeBary, FL 32713 (386) 668-2600 (386) 668-2692 fax '\. ;~~1~-;~;; .~ " Jim Olson 605 Anhinga Road Winter Springs, FL 32708 Re: Vacate side easement-317 Kirkcaldy Lane, Winter Springs Dear Mr. Olson: Florida Public Utilities Company has no objections to the petition to vacate that certain 5 foot wide utility easement adjoining the westerly lot line of Lot 9, HIGHLAND VILLAGE ONE, according to the plat thereof, as recorded in Plat Book 29, Pages 66 through 68 of the Public Records of Seminole County, Florida. If you have any questions or need additional infom1ation, p1.ease feel free to call. ~e~/ / ~1<~~ Engineering Manager Central-Florida Division h -J ;( (~ '-<J.5 1. . .:., U (c J J. 1 ~ /.0 ( ~ 1 c ~ 0 ~ I f/I ) u;JI. / ~'L,v 1~J/;1 /{O 6f c~ /J / /II 0 rJ.. /! k' C/t //i )1 'I 'J f' G JJiiV /j//. ./(; , .;( viJC 1f.J / . . . / ) ~ ( . ,/ "j f/ . .' '. ,!~' }v(J1 Ji (/1 _~___l ~~ \:. COMMUNICATIONS September 13. 2002 James Olson Realty 605 Anhinga Road Winter Springs, Florida 32708 Re: !~~!.:;.!i::;~ f0t;: \./acat:G:~ of l!tUity Enscn1cnt SECTION 34, TOWNSHIP 20, RANGE 30 Dear Mr. Olson, Time Warner Communications has reviewed your request for a Vacation of Utility Easement described as, The 5' "Side" Utility Easement located adjacent to the westernmost property line of 317 Kirkcaldy Drive, Winter Springs. Time Warner Communications has "NO OBJECTION" to the Vacation of a Utility Easement described above. I'kasc Ju I1UI hoildle IU call1llc at (407) 532-8508 should have any additional questions or concerns. :'~;I P.J. King,,! Time Warner COllllllunications Construction Manager ,,V I~C: rv1ar\;~n:__ Usry, Jr. -{v\.J...U ConstructiOI1 Supervisor 1'./ K/vbs @ BEfLLSOUr;-i BeIlSouth Telecommunications, Inc. Room 400 500 North Orange Avenue Orlando, Florida 32801 Office: Fax: Pager: Mobile: Internet Mark. G. LoCastro@bridge.bellsouth.com 407 245-3015 407 648-5771 800806-8547 407 325-5584 Mark G. LoCastro, P.E. , Director - Provisioning . September 12, 2002 Jim Olson 605 Anhinga Rd. Winter Springs, FL 32708 RJS: 317 Kirkcaldy Dr. Seminole County, Florida This letter will serve as our notice that BellSouth has no conflict, or objection with your request to vacate the above noted easement, per your request dated 9/03/02. Please call 1-800-432-4770, to have all utilities field located prior to any type of work commencmg. Should you have any questions, please do not hesitate to call Martin D. Nosie at (407) 327-0447. Sincerely, ,. . H~ttS~ Mark G. LoCastro Director - Network Provisioning mdn ------ ATTACHMENTD BOARD OF ADJUSTMENT APPLICATION CITY OF ~iNTER SPRINGS 1126 EAST STATE ROAD 434 WINTER SPRINGS. FL .32708-2799 (407)327-1800 "02: SPECIAL EXCEPTION VARIANCE 'CONDITIONAL USE ADMINISTRATIVE DECISION ..:.t- V A C A 1" C EJ-I <; &"/0' T 1. APPLICANT: PHQNE , " " 1)>- . }(/)., t{-<./{J /Jfl.J2..~ '~ . ADDR:~SS : PURPOSE OF REQUEST: 0l-91/-5729 3. ATTA:H A COPY OF THE PARCEL SURVEY. 4. ATTACH AN 11 x 17 MAP S~OWING THE SUBJECT PROPERTY AND SURROUNDING PARCELS. 5. s.e.~ S~/~~tft. 5. TAX PARCEL IDENTIFICATION NUMBER:' 3<f-2c-:Jo-'S2'1-o~oo- 0090 ATTACH LEGAL' DESCRIPTION. 7. LOO.TION Streets): Cross 8. PRESENT ZONING: FUTURE ,LAND USE: 3y Signing below I understand that City of ~inter Sp~ings Officials may enter upon my property to inspect that portion as relates tc this application: the owner of the subject property, the a letter of authorization signed by the ,'?5 rall:l Memiu \-1. Memin ,,') .1 IlInw'", :~,u;~/h. -I()7.9'l/.8729 _ II-,_u!~f ~LJ . (~fl.J/, kJ(/l~, )iJA.-/>t:~' ') Pf;1l /lJ"//.7PL) . ? '1/;;)-:._~. -~ u /Z.d!./!.--.::-fLtB(cIlLeJ ~ ~ 2418 1i;1-8IJ6I2HJI 5 -'~ ~ 1, ;'ltJ ((.'[) (11'1/'" (:) "WINDS --=-~ ("1/ /i 4 ( ..~. I //'~/ ',. ,- u~':I.IJII1it'L i- , n ~~t:{ 't {, /(..'", . .,/\... ,[, ~ U3 ~ 3[,81:B 2 SO nBb /' 711' 21, ~8 ::~c Clty C01..lncll, tllc an a?pCal '...lttn a eDure ~ 'J r i s die t ion 0 IJ C ~: the sub j c c t ril t1 t t cr. I i.I:.,.... \NY.. DECISIONS :ECORD OF THE INSURE THAT r. \ 'COST, WHICH PEAL IS TO BE JF ADJUSTMENT agg'rieved bi thirty (30; the Board 0: Council to~ t y Counc i! a:', e decision 0: of competent ~9/Bli/02H ~lSC ~HLlIJEH~REFRESHE\) 'ECElPTS ~lSCELlAHEOUS CASH ~ 09/20/02 lli:Bli Date / Time ~\3B0.eB payaent . 2938B9 Receipt" . 2418 Ched. ": . dascano Clerk ~ KERIJIH, BRIAH P aid By --J '1:J ,.(; -- \i7 6 /l V. ~ rJ: -- ~ C\--"' ~ ~ -- v ~ :' ,. n<':'?'" P""';--' ,..-:~.,_ :...._\- ~ T' ,"'":"~(>;"'-' ~..~ ! "'..\~ ;, .r'....J:..~IL .""~' 1";\~'r~F~'1~j.{ ORDINANCE NO. 2002-30 O ... ,..'...""2 [~r:"~ 0. ,;.'~~'~ , .~'~: . J "'~;j CITY OF WINTER SPRINGS CITY HAJ..L AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE VACATION OF A FIVE-FOOT WIDE PLATTED UTILITY EASEMENT WITHIN THE CITY OF WINTER SPRINGS EXTENDING APPROXIMATELY 106' ALONG THE WEST PROPERTY LINE OF LOT 9, HIGHLAND VILLAGE ONE, AS RECORDED IN PLAT BOOK 29, PAGES 66-68 OF THE PUBLIC RECORDS IN AND FOR SEMINOLE COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner of real property, more particularly described below, has requested the vacatioQ. of a platted utility easement running the length of the westerly boundary of said property; a.nd 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, a copy of which is 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 ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter ~' . ,-,pnngs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings of the City Commission of Winter Springs. Section 2. Easement Vacation. The City Commission hereby vacates the five (5) foot wide platted utility easement extending approximately 106.00 feet along the westernmost side of Lot 9, Highland Village One, as recorded in Plat Book 29, Pages 66-68, of the Public Records in and for' Seminole County, Florida, and as more particularly described on Exhibit "A" of this Ordinance, the same being incorporated herein by this reference. City of Winter Springs Ordinance No. 2002-30 Page 1 of 2 l i z m s:: o :;u (.I) .m (") r- m ::.0 ^ o 'TI Q ::.0 (") c: :::j g c: ~ (.I) ~ ~ r- m (") o c ~ :< (") 'TI Z i',) c c i',) II:> CI> $ '" c OJ ^ C ~ ..., l.,) -0 Q -. C>> co CI> iR (") c -. c ~ ~ c c i',) ..... c U. -. j.,) ..., ~ ::.0 m (") c OJ ~ r- ~ a ::t Ci' -< -ti FILE NUM 2002964950 OR BOOK 04573 PAGE 1687 Following adoption of this Ordinance, the same shall be recorded by the City Clerk in the Land Records for Seminole County, Florida. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. 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 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and as provided by City Charter. . 'i~~t ,. ADOPTED by the City Commission of the City of Winter Spr~ngs, FloriCtll, 'in a regular meeting assembled on the 28thdayof October '2002. ay~ ~. '" ~, , I~';' :,. . .' ... t ~ ~'. ~ -~.., .,~~ " " . ... VJl\H .. l~" " "p"o I';, .. ~.;' ..,' 'I ..1 ..... '. ...~ : .. I" .., ../f)f'.. ". ';. "\.\}.....' ._.-~,~ . , ',' :3 _ - ' , ~;. \\ . .- c .. \\""",,,,,,,,, L L NZO-LUACES, City Clerk ../,. "\:~;j: . :'* ~.,;f~;;~~ First Reading: . October 14. 2002 Second Reading: October 28. 2002 Effective Date: Oct'ober 28. 2002 Approved as to legal form and sufficiency for the Ci f Winter Springs only: ANTHONY A. GARGANESE, City Attorney F :\Docs\City of Winter Springs\Ordinances\ V acateROWOrdNo2002-30 _2. wpd City of Winter Springs Ordinance No. 2002-30 Page 2 of 2 -~ , 'FILE. NUM 2002964950 PLAT or SURVEY ~OR SilIAh A.!?ft.R~OK 04573 PAGE 1688 V SEMINOLE C~UNTY, FLORI A(< . DESC~IPTION ." ,. . lot 9, HIGHLAND VILLAGE ONE, ~ccordin~ tO,the Plat there9' as recorded In.PI~t Book 2', Pages 66 through 68 of tne Pub~ic Retards of Seminole County, Flor)d8. . ' 'SURVEYOR'~ CERnFlCATE. This is to certify th~t a '80undary S~r~ey of the above descrfbed property was made unaer my dIrectIon and. the Plti hereon Is a correct represent~tjon of the same to the be~t'of my knowledge and belief. The surveyor h&s not abstracteo the land snown hereon for easements ri~I1t..ot.ways or okt'tc;r'.matters of record \;ha' may affect the suC/ject property. C;Pie~ of thiS surv~=;'aJ.e"'1.~v,aljd unless embossed witl) the Hal of the survQyor. Also certi0d-:~tr=:Ma~garetten Mortgage Company; and Merldhn Title. . ;: .";'''::- ,,' . //' i -;?~. . . ~ :-;'~'.: .".-:,.. . /I. ,,~~.z:;{_.-....-,~ ~~:!1'1d.A'~9-~ V. . MJ~H, RLS 'l6~~-'.';: "'"':\, V. KElLY SMITH It. ASSOCIATES','.,;-QtC7,~':" ..... 2018 Ctlase Avenue .',::"~~-:'::,'~." Sanfor~, florida '., ..-..',. 407'/PZ2-2213 HOTES; Property is shown in flood lOne C. per fIRM Panel 1120295 00058, City of ~1nter Springs, F1 or ida. Str~et address is 317 K!rkcaldy DrIve. . \, "\ ~. ~ ~f)~ ev IA T /0 I<J<? I. ~ec." I( e:<:OVIO~lf.O 2. I.p.. I~ON Pipe ~. p. C." POI NT 0 ~ ~ U" VATU~~ 4. PVNT.. PAvei!t:NT ? e'SoMT. - E6.~a"leNT ~. c.ol.:C." 't;.Of.J~Ra-tei . .. ..-::t.-.o. ...;J-:_. ~ I SCALE": ," "" 30' I ....' : l_' ~) ,~ ("\""\9,,\!4' .J, EXHIB T "A"