HomeMy WebLinkAbout2002 10 14 Public Hearings C First Reading - Ordinance 2002-30 Vacate and Abandon Segment of Highland Village
COMMISSION AGENDA
ITEM C
Consent
Information
Public Hearin2 X
Reeular
October 14. 2002
Meeting
M~ !DePt~A
REQUEST: Community Development Department presents to the Commission, the first
reading of Ordinance No. 2002-30, which will vacate and abandon a 131.00 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 of this agenda item is to present to the Commission, the first reading
of Ordinance No. 2002-30, which will vacate a 5 foot-wide, approximately 131.00
foot-long utility easement, located on the west side of Lot 9, Highland Village
One, as recorded in Plat Book 29, Pages 66-68 of the public records of Seminole
County, Florida.
CONSIDERATIONS:
The applicant, Mr. Brian Mervin, requests the vacation of the portion of an 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. Staffhas 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 14, 2002
Public Hearing Item C
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 "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 ofthirty (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 14, 2002
Public Hearing Item C
Page 3
FINDINGS: 1) Homeowner Brian Mervin requests the City vacate the subject 5 foot-wide
utility easement that extends approximately 131.00 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 Works/Utility Director reviewed this request and affirmed that the
subject easement is not needed (now or in the foreseeable future) and 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.
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:
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ATTACHMENT A
ORDINANCE NO. 2002-30
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
FLORIDA, RELATING TO THE V ACA TION OF A FIVE-
FOOT WIDE PLATTED UTILITY EASEMENT WITHIN THE
CITY OF WINTER SPRINGS EXTENDING
APPROXIMATELY 131' 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 vacation of a platted utility easement running the length ofthe 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
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
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
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 131.00 feet along the westernmost side of Lot
9, HigWand 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
City of Winter Springs
Ordinance No. 2002-30
Page 1 of 2
same being incorporated herein by this reference.
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.
ADOPTED 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
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
First Reading:
Second Reading:
Effective Date:
ANTHONY A. GARGANESE, City Attorney
F :\DocsICity of Winter SpringslOrdinancesl V acateROWOrdNo2002-30. wpd
City of Winter Springs
Ordinance No. 2002-30
Page 2 of 2
PLAT OF SURVEy PoOR 8aIA~ A. MERVIN
SEMINOLE CQUNTY, FLORIOA
DESC~IPT\ON , . .
Lot 9, HIGHLAND VILLAGE ONE, accordin~ to the P'a~ th~r~9f as record~d 'n.PI~t
Boo k 2.9, P age s 6 6 t h r 0 U 9 h 6 8, 0 f the P u bil i Co R e cor d S 0 f S em 1 nO 1 e C (I tJ n t Y I F 1 0 rl de.
, .SURvEYOR'$ CERT)FICATE.
This 15 to certify th~t a Boundary Swrvey of the above described prop~rty
was made under my direction and the P'~( hereon 1s 4 correct representat10n of
the same ~o the best. of my kno~'edge an~ belief. The surveyor h&s not abstracted.
the 1 and s how n her eon for e a s em e n t sri SUH _ 0 f _ way s 0 r 0 !;., t'te:r ',m a t t e r 5 0 f r ceo r d t h a
rn a y a f Fe t: t the S u Q j e c t pro pert y , C; pie 51 0 f l his sur v ~=;'aJ'~' 1,fl v,a 11 dun 1 e 55
embossed IoIltll the seal of the surveyor. I Also certif=fed-::'6,.'(I"~ar'9aretten Mortgage
CompanYi and ~eridion Title.. ' ::::,.,,:"!-:;::-,.!
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V. KELLY SMITK i~ ASSOCIATES'I"J'-Ql.C\~':"
2018 Ctia se Avenue ':"~~'::'-'::':-.
Sanfor~, F lor;da ..; ,. .,',.
407-/~22-2213
rWTES;
Property ;S shown in flood zone C. per FIRM
Panel 1120295 OOOSB, City of Winter Springs.
Fl or ida.
Str~et address ;$ 317 K!rkca1dy Dr1ve.
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EXHIB T "A"
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ATTACHMENTB
11
1_ C t 9, r! I G H LAN 0 v ILL AGE 0 N E, u ceo r din 9 toe 11 e r I a < , , , ~. -,.' a s r e cor <i (~ din PI a t
Book 29, Pages 66 through 68, of the Pub] it Records of Seminole County, Florida.
SURVEYOR'S CERT)FICATE
This is to certify that a Boundary Survey of the above described property
was mad e un del' rn y d ire c t ion and the PIa the J' eon i sac 0 r r e c t r e pre 5 en t i.'I t ion 0 f
the same to the best of my knowledge and belief, The surveyor has not abstractea
the I and s h 0 \1 n her eon for e a s em en t s, r i 91\ t - 0 f .. \'1 a y s 0 r 0 t...tte~".m a t t e r s 0 f r e cord t h a'
may affect tile sue'jeet property. Copies of this surve~tI!~~inv.alid unless
em b 0 sse d \~ i t il the sea 1 0 f the sur v e y 0 I' , A 1 s 0 c e rt i f =i-e d..<:i;)I:!J a r' gar e t ten M 0 r t 9 a 9 e
Company; and t'ler i d i an Tit 1 e. j;:,.,'_,,:-,:;,c .-'
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V, K. S t~ 1 T H 1 R L S # 1 6 S;.J:;.. '._';" ~
V. KEl.LY SMITH & ASSOCIATES'l-'~'QJ..C~~"'~~"
2018 Chase Avenue ':"~::~---:~'-
Sanford. Florida .,"
1107/322-2213
NOTE S:
Property is shown in flood zone C, per FIRM
Panel #120295 00058, City of Winter Springs,
Florida.
Street address is 317 Kirkcaldy Drive. .
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ATTACHMENT C
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CITY OF WINTER SPRINGS, FLORIDA
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1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Fax (407) 327-6695
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Utility I Public Works
Department
September 12, 2002
TO:
John Baker, Current Development Coordinator
'f/
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FROM:
Kipton Lockcuff, P.E.,Public Works/Utility Director
RE:
Request for Utility Easement Vacation
Lot 9 - Highland Village One
5' easement on westerly 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
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Florida Power
1\ Progress Energy C(:-np,1:1'1
September 6, 2002
Mr. & Mrs. Brian Mervin
317 Kirkcaldy Drive
Winter Springs, FL 32708
RE: Lot 9, HIGHLANDS VILLAGE ONE, according 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 described 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,
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Lori L. Hen"ing :/
Land Agent
North Central Region
JAMESTOWN ENGINEERING. 2801 West State f~oad L126. Oviedo. Florida 32765. Telephone (L107) 359.L1L129 .
Facsimile (L107) 359-L1L1L19
A Florida Progress Company
September 6th, 2002
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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 ofthe Public
Records of Seminole County, Florida,
If you have any questions or need addi tional infomlation, please feel free to call.
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Engineering Manager
Central-Florida Division
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~ COMMUNICATIONS
September 13,2002
James Olson Realty
605 Anhinga Road
Winter Springs, Florida 32708
Re: Req ~!tst fGi. << \lacaHori of Utility Easelncnt
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 ofJI7
Kirkcaldy Drive, Winter Springs.
Time Warner Communications has "NO OBJECTION" to the Vacation of a Utility Easement described
above.
Please 00 not hesilale lO call1l1e at (407) 532-8508 should have any additional questions or concerns.
:~;~
P.J. King/'
Time Warner COlllmunications
Construction Manager
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cc: Marvin L. Us.y, Jr. +~.u..-
Construction Supervisor
P J K/vbs
@ BELLSOUThi
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
407648-5771
800 806-8547
407 325-5584
Mark G. LoCastro, P.E.
Director - Provisioning
September 12, 2002
Jim Olson
605 Anhinga Rd.
Winter Springs, FL 32708
RE: 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 1-800-432-4 770, to have all utilities field located prior to any type of work
commencing.
Should you have any questions, please do not hesitate to call Martin D. Nosie at (407) 327-0447.
Sincerely,
H~~
Mark G. LoCastro
Director - Network Provisioning
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ATTACHMENT D
BOARD OF ADJUSTMENT APPLICATION
CITY Of WINTER SPRINGS
1126 EAST S~ATE ROAD 434
WINTER' SPRINGS, fL .32708-2799
(407)327-1800
:'OR:
L VACAlb tEA~;;;;UT
SPECIAL EXCEPTION
VARIANCE
'CONDITIONAL USE
ADMINISTRATIVE DECISION
ADDRESS:
1. APPLICANT:
PHO,NE 7bl- 971-:77Z9
2 PURPOSE Of REQUEST:
3. ATTACH A COpy OF THE PARCEL SURVEY.
4. ATTACH AN 11 x 17 MAP SHOWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
s.
ATTACH LEGAL' DESCRIPTION.
SL~ S"~'(":I'
~UMBE~:' 3</-2o-jo-S2Y-O~oo- cSlo9o
6.
TAX PARCEL IDENTIFICATION
Cross
8. PRESENT ZONING:
FUTURE .LAND USE:
By Signing below' I understand that City of ~inter Springs Officials
may ~nter upon my property to inspect that portion as relates to
this application;
the owner of the subject property, the
letter of authorization signed by the
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