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Home My WebLink About2002 03 11 Public Hearings E First Reading - Ordinance 2002-10 Vacate and Abandon Utility Easement _/ COMMISSION AGENDA ITEM E Consent Information Public Hearin2 XX Re2ular March 11, 2002 Meeting Mgr. /Dent. leA /) __ 9~1!>- ~.... I ~ C.CvJIA')~ REQUEST: Community Development Department presents to the Commission, the First Reading of Ordinance No. 2002-10, which will vacate and abandon a 5 foot wide utility easement, located along the west side of Lot 15, Parkstone Unit I. PURPOSE: The purpose of this agenda item is to present to the Commission, the First Reading of Ordinance No. 2002-10, which will vacate and abandon a 5 foot- wide, approximately 115 foot-long utility easement, located on the west side of Lot 15, Parkstone Unit I, as recorded in Plat Book 56, Pages 17-21 of the public records of Seminole County, Florida. CONSIDERATIONS: The applicant, Centex Homes, is currently vacating the first of various platted utility easements that are not needed for utility provision, now or in the foreseeable future. The applicant and the City's Public WorkslUtility Director state that a retaining wall is needed on the west side of the lot to protect the residential structure. City policy prohibits constructing a retaining wall in an easement. Correspondence from utility providers, the legal description, and a map are provided as attachments. Staff has encouraged the applicant to determine the extent of these unnecessary easements within Parkstone and vacate them all in one comprehensive application. The applicant has indicated an urgency to resolve this issue for this particular lot, in order to finalize a closing. Staff still urges the applicant to take a comprehensive approach to vacating unnecessary easements within the Parkstone Planed Unit Development. March 11, 2002 Public Hearing Item E 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 fonn 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. 2 March 11, 2002 Public Hearing Item E Page 3 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. FINDINGS: 1) Centex Homes requests to vacate the subject 5 foot-wide utility easement that extends approximately lIS feet within Lot 15, along its west side. 2) 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. 3) Letters were received from applicable utility providers, stating no objection to vacating the easement. CHRONOLOGY: January 26, 1998 - Preliminary engineering/final subdivision plans approved by City Commission. July 26, 1999 Final subdivision plat for Parkstone Unit 1 approved by City Commission. June 25, 2001 Building permit application received by the City; Notice of Commencement. February 21,2002 - Memo from Engineering Inspector Zynka Perez, stating need for retaining wall and to vacate easement. February 22, 2002 - Temporary Certificate of Occupancy issued by City Building Official Dennis Franklin 3 March 11, 2002 Public Hearing Item E Page 4 RECOMMENDATION: Staff recommends the City Commission read Ordinance No. 2002-10 on first reading. Staff further recommends that the vacation of other easements within Parkstone be done in a comprehensive manner. ATTACHMENT: A - Proposed Ordinance No. 2002-10 B - Legal DescriptionlMap C - Acknowledgement from utility providers D - Zynka Perez memo & Temporary Certificate of Occupancy COMMISSION ACTION: 4 ATTACHMENT A Ordinance ~nt By: BROWN,WARO,SALZMAN&WEISS,P.A.j 407 425 9596j Feb-28-02 4:38PMj Page 3/4 ORDINANCE NO. 2002-10 AN ORDJNANCE OF THE CITY COMMISSION OF THE CIlY OF WINTER SPRINGS, FLORIDA, RELATING TO THE V ACA TJON OF A UTILITY EASEMENT WITHIN THE CITY OF WINTER SPRINGS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILI1Y; 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, tbe 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 Devdopment Department, that it has no objection to the vacation of the subject utility easement; and WHERE~ 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 I. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings of the City Commission of Winter Springs. Section 1. EasementVacatiod. The City Commission. in accordance with Section 17.27 of the City Code, hereby vacates the five (5) foot wide utility easement within the west side of Lot 15, Parkstone Unit I, as Recorded in Plat Book 56, Pages 17 - 21, of the Public Records in and for Seminole County, Florida, and as more particularly described on Exhibit "N' of this Ordinance. the 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 mcoDsiateat OrdiD&dCes and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances City o(WinIer Spring..'l Ord.i.aanc:e No. 2002-10 "IF J at" 2 ~nt By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Feb-28-02 4:38PMj Page 4/4 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Se(tiOD 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 bolding shall not affect the vaJidity of the remaining portions oftms ordinance. Section 5. 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 _ day of . 2002. ATTEST: PAUL P. PARTYKA Mayor ANDREA LORENZO-LVACES City Clerk Approved as to legal form and lumdenq for the City of Winter Springs only Anthony A. Garganese, City Attorney First Reading: Second Reading: Effe\,1ive Date: 1':\La~\Cily ofWintcr Sprinp'.OrdillGnccaWIUk 1JtiIily ~wpd (';ity of Wimer Sprina~ ~d~eNo. 2002-10 Pqc2of' 2 ATTACHMENT B Legal Description/Map ~) : . " i Easement Vacation Request Legal Description Legal Description for easement vacation. Lot 15, Parkstone Unit 1 Description for vacating the entire 5' Utility Easement located within Lot 15, adjacent to the Westerly boundary of said Lot 15, and a Portion of the 5' Utility Easement located within Lot 15, adjacent to the Northerly boundary of said Lot 15, "Parkstone Unit 1 ", as recorded in Plat Book: 56, Pages 17-21 of the public records of Seminole County, Florida and being more particularly described as follows: Commence at the platted Southwest lot corner of Lot 15, "Parkstone Unit 1 ", as recorded in Plat Book: 56, Pages 17-21 of the public records of Seminole County, Florida, said lot corner being the P01NT OF BEGINNING; thence North 3 degrees 30 minutes 15 seconds West, with the platted \Vest boundary of said Lot 15, a distance of 114.73 feet; thence North 80 degrees 48 minutes 21 seconds East, with the platted North boundary of said Lot 15, a distance of 5.02 feet; thence South 3 degrees 30 minutes 15 seconds East, said line being 5' perpendicular to and parallel with the platted West boundary of Lot 15, a distance of 116.90 feet; thence North 75 degrees 02 minutes 29 secondsvVest, with the platted South boundary of said Lot 15, a distance of 5.27 feet returning to the Point of Beginning. Describeci Parce'(coi1wining 579 Square Feet, more or less. Lega!Description pre;pared for the City of Winter Springs, and Centex Homes by V/il;iu1!1 i\ E.'~rx, PSM 6(;92. GRAPHICAL ILLUSTRATION OF LEGAL DESCRIPTION THIS IS NOT A SURVEY SCALE: /.. .. 30' " CURVE DELTA ANGLE RADIUS 50,00' ARC 29,78 . T/tNGENf 15,35 . CHORD 29,34' CHORD BEARING N 40.45'20.W C I 34.07'23" <:: TRACT E S TORMWA TfR S MANAGEMENT AREA ?So O? . I ?9";: I I LOT 8 LINE l I BEAR I NG N 85"28'24'E DISfANCE 25,01 . W 5,27' OF BEGINNING DESCRIBED PORTION o '-^' '-^' o LO T 9 Ul ONE STORY RESIDENCE FIN, Fl, ELEV:20.9 / 0 ~/// '-^' // 0 /// <..N If'l V> ~I;; ~ ~ o /// _ --t "" / - 0. / 1Jlr- ~ [~; ~ 3 11l // rr, . // 1> / ", rr, // n, - [//; - ~ - /" ---t ~ //; ~ ~ "/ . ,//"J I 6;L '-^' ~/ // // "': // / / // // / / / LOT 10 Ul LOT 16 ~ 0"\ Y EASEMEN r 10' UTllIT EASEMENT 5' UTiliTY "E :N 80048' 2 1 ".. - - - S 80048' 21" W /37.53' N 80.48 2/" E 5,02' LO T /1 LO T 13 LOT /4 LEGAL DESCRIPTION: Lot I 5 , .. PARKS TONE UNT I " according /0 ,he plar thereof as recorded in Plot Book 56 , ot poges I 1 - 2 I of the Public Records of Seminole Counly. Florida, \ ATTACHMENT C CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-6695 February 25,2002 TO: FROM: RE: John Baker, Current Development Coordinator ~ Kipton Lockcuff,P.E., Public Works/Utility Director/ Request for Utility Easement Vacation Lot 15 - Parks tone Unit 1 We have reviewed the request to vacate the 5' side yard utility easement on Lot 15 of Parkstone Unit 1 as provided by Centex Homes and the Winter Springs Utility Department has no obiection to the request. File ,) 02(18/2002 15:QO Q075501152 I TIME WARNER OCOEE m I~ I It: 0 ')--1 I 7/ u L... ~ .'{-I4 \/ffl:urrc' H./(It/ (J,...(.... f"'urhl" .'../,"1)/. ;'/," r.'1 it j ~. .; f ~ ..'( ,.It, fit.\" ~,,; '(Jjf).IIIJ~ . ~ TIME WARNER ~ COMMUNICATIONS February 18. 2002 Vincent C. Marshall Centex Homes Parkstone 219 T 8vestock Loop Winter Springs, Fl. 32708 Re: Request for Vacation or Utility Easement SECTION 35, TOWNSHIP 20. RANGE 30 Dear Mr. Marshall, Time Warner COI1UDlUlication hlU reviewed your request for the Vacation of Utility Easement described u: The 5' "Side" Utility Easement located adjacent to the western property line of 431 Sandringbam Court (Lot 15), Par.kstone Unit 1 Time Warner Communications has "No Obiec:tlon" to the Vacation of Utility Easement as described. Please do riot hesitate to call me at (407) 532-&508 should you have any additional questions regarding this matter. S1jj2y P,J. King Time Warner Conum;:1:cations Construction Manager cc: Marvin L. Usry. Jr., r ConstJUction Supervisor PJK:vbs fi,1tj'I\;/,'/f," :':,::.' ",;I:':'/c,'/{ \..'.,1.:. ..,\:,',.h'II.,\{./II{I~/!''I":/,;(.. ,':'"r;'/CI 1);";.(;,,,, PAGE 01/01 \ B2/19/2BB2 1~:51 ~B7-359-~~3~ JAMESTOWN LINE PAGE B2/B2 \' Florida 'Power ,', Pi'o~~'i;""'1!r C~'!,!!,,'~ Febnlary 19, 2002 Mr. Vinceot C. Marshall Centex Homes - Parkstone 219 Tavestock Loop Winter Springs, FL 32708 RE: Lot 15, PARKSTONE UNIT 1, according to the plat thereof, as recorded in Plat Book 56, Pages 17 through 21, of the Public Records of Seminole County, Florida. Dear Mr. Marshall: 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 5 feet thereof, of Lot 15, P ARKS TONE UNIT 1, according to the plat thereof, as recorded in Plat Book 56, Pages 17 through 21, of the Public Records of Seminole County, Florida. If I can be of further assistance, please do not hesitate to contact me. ~;~(I~? Easement Specialist North Central Region JAMESTOWN ENGINEERING . 2801 WOOl Stat" Rood 426 . Oviedo. Florida 32766 . T.'ephone 14071 359-4429 . Flle.'m.le (40'7) 359-4449 A Floride PrOyJI'<l55 COfT/cany uc.:/.c::t:J....t:J.::::: J':::;o-Jc. I~C '-fo,U"" C. '_'-"'J' '_.......J<:.,.......J-''-' ... @ BELLSOUTH ..... O. LoCatro, P.E. Olrecta - P~icrllog &.l1a0llth TelMommunlcmUoN. lno. Roiam400 1100 Nonn 0,..,. A~ O~O, FIa1dI 32801 February 15,2002 VioceMarsbalI Centex Homes 219 T8vestock Loop Winter Springs, FL 32708 RE: Lot 15 - Parbtone Utility Eaxment Vacation 5' side lot easement om..: Fu P ..,.-: ~ 1,*,,* Mft.G.I...OCAI~!lIIIIQ/tI'I.eam , 4072-4s-3016 407114&-lm1 8OO~7 401~ This letter will serve as our notice that BeUSouth has no conflict., or objection with your request to vacate the above DOted utility easement, per your request dated 2/15102. Please ca1J 1.800-432-4770, to have all utilities field Joc:atcd prior to any type of work commencing. Should you have any questions. please do not ~ to tall Martin D. Nosic at (407) 327-0447. Sincerely, ~~ Mark G. loCastro Director - Network Provisioning mdn ATTACHMENT D " of TEMPORARY C E R T I F I CAT E 0 Foe CUP A N C Y CITYOFWINTERSPRINGS DEPARTMENT OF BUILDING INSPECTION T~is Certificate issued pursuant to the requir~ments of Section 106. I .3.of the, S.tandard Building Code certifying that at the time of issuance this structure (LOT IS) was in compliance with the approved engineering. However, the existing site condition between lot IS and its adjacent lot 9 & 10 requires construction of a landscape/retaining wall. In order for this wall to be pernlitted, the builder, Centex Homes, has to vacate the 5-foot utility easement (right side). Vacation of an easement must meet approval of the City Commission and average process time is 60 days. See attachment letter by Utilities Department/Engineering Department Use Classification: RESIDENTIAL Pemlit: 01-010170 Group: PUD Type Construction: Type VI UNPROTECTED Building Address: 431 SANDRINGHAM COURT Legal Description: LEGAL LOT IS P ARK STONE Building Owner: CENTEX HOMES 385 DOUGLAS AVENUE STE 2000 ALTAMONTE SPRINGS, FLORIDA32714 By: Date: 02/22/02 BUILDING PERMITS/cos/OI-OlOI70 -- ' , . --1'-'-________ ~,-' - -'--. _I ',: --'---.--'--- ---...~~ i. --.---.... ----...:.::.~ ,.. -'.. - "-. -. -::----.. . -.....;.":.. '-?;;-~ ..",." -- . 1 j --- . ,-," c ~ J.i <r LL L - -$1 ~ ~ ~ ~ 1r,;)..1i~~t<>O ~..-=-< - ~-.. ,..- ./ ~~eu1 - , -r 1..') ~-T I 7. >tiT',_ -~- ~f,~-:-I.2:.:_~ 2J3 I ~,Illi'; rn:IJ~.J~ 79 80 I "8~ (20 (20 0\ ,25,1 _ .. I C ~ <t :2 C:::' oJL T! 78 -E9-~WI 25.-7 .?~~ 82 o / .\ . CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 February 21, 2002 To: Dennis Franklin, Bldg. Official David Alamina, Senior Bldg. Inspector Thru: Kipton Lockcuff, P.E., Public Works (,{ltility Director Kimberley Hall, P,E., City Enginee~~~' Zy~a P. .Perez /l/Y EngIneenng Inspect1 . Lot 15 Parkstone Subdivision ;fr From: Re: r have reviewed the lot grading final survey and performed inspection of lot IS of Parkstone subdivision and found them to meet the approved engineering. However, the existing site condition between lot 15 and its adjacent lots 9 & 10 requires construction of a landscape / retaining wall. In order for this wall to be permitted, the builder, Centex Homes, has to vacate the 5- foot utility easement (right side). Vacation of an easement must meet the approval of the City Commission and average process time is 60 days, Centex Homes has filed application for the vacation of the utility easement and completed final inspections for lot 15. Centex Homes is requesting the release of the Certificate of Occupancy and has committed to complete the wall construction immediately after the vacation of the easement is granted. If the vacation of the easement will not be approved by the City Commission, Centex Homes will have to contact the engineer of record to revise the grading on lots 15 and adjacent lots and resolve the matter with the occupying homeowners. With the above foregoing conditions, the engineering division recommends issuance ofa Temporary Certificate of Occupancy for lot 15 Parkstone. Please feel free to contact me at extension 316 if you have any questions. Attachment: Copy of lot gradi ng plan showing affected lots and location of the proposed wall