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Home My WebLink About2002 09 23 Public Hearings C First Reading - Ordinance 2002-29 Vacate and Abandon a Segment of Old Sanford Oviedo ROW COMMISSION AGENDA ITEM C Consent Information Public Hearing X Regular September 23. 2002 Meeting Mgr.V.Dept/~A () REQUEST: Community Development Department presents to the Commission, the first reading of Ordinance No. 2002 - 29, to vacate and abandon a segment of Old Sanford Oviedo Road right-of-way (ROW). PURPOSE: The purpose of this agenda item is to present to the Commission, the first reading of Ordinance No. 2002 - 29, to vacate an approximately 50 foot-wide and approximately 387 foot-long segment of Old Sanford Oviedo Road ROW, extending through a portion of Lot 13 of Block C of D. R. Mitchell's survey of the Levy Grant, recorded in Plat Book 1, Page 5 of the public records of Seminole County, Florida. CONSIDERATIONS: The applicant, Vincent Contestabile, President of Affordable Tire, Inc., requests the City vacate a segment of the Old Sanford Oviedo Road ROW that extends through a poI1ion of his site. A structure had been located across this un-used public ROW prior to the fire that damaged much of the site last winter. The structure was destroyed and cannot be rebuilt over the ROW. Mr. Contestabile states that he will be moving his tire recycling operation to another site. To vacate the ROW would appear to make the site more marketable and/or make the site easier to re-develop. Mr. Contestabile presently has a fence and other chattel that appear to extend beyond his eastern property line and into the un-named 50 foot-wide public ROW that extends generally north and south along the eastern boundary of his site (not the ROW where the vacation is requested). The City needs this area cleared for up-coming public works projects. September 23, 2002 Public Hearing Item C Page 2 Seminole County had been in charge of the Old Sanford Oviedo Road ROW but transferred ownership, jurisdiction, and responsibility for this and other roads to the City via an inter-local agreement in return for assigning other roads to the county. The Cross-Seminole Trail is proposed to extend through this general area (please see attached maps). To ensure that the City would not be jeopardizing this extension of the trail, staff coordinated with the county's Special Projects Team (the county staff who plan the trail). The Special Projects Team studied the ROW and the nearby topography and requested that, if this segment of the Old Sanford Oviedo Road ROW were vacated, the City require a 20 foot-wide perpetual trail construction easement be dedicated on this site from the northeast comer of the site to the northwest comer of the existing utility easement, parallel and contiguous to the north property line of the Affordable Tire site. This would provide Mr. Contestabile with additional land in a more useable and marketable configuration and also provide adequate land for the extension of the trail. 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 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 2 September 23, 2002 Public Hearing Item C Page 3 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 othelWise 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. FINDINGS: 1) Vincent Contestabile requests the City vacate the approximately 50 foot-wide and 387 foot-long portion of Old Sanford Oviedo Road ROW that extends through his portion of Lot 13 ofD. R. Mitchell's Survey of the Levy Grant, as recorded in Plat Book 1, Page 5 of the public records of Seminole County, Florida. 2) The City Public WorkslUtility Director has no objection to this portion of the Old Sanford Oviedo Road ROW being vacated. 3) The fence and other chattel associated with the Affordable Tire site appear to be located in the adjacent un-named 50 foot-wide ROW that the City needs clear access through for Public Works projects. 4) Seminole County has plans to extend the Cross-Seminole Trail through this general area. 5) Staff coordinated the request to vacate with the Seminole County special projects team, who plan the trail. 6) The Seminole County Special Projects Team has reviewed the requested ROW vacation in conjunction with the needs (e.g. legal access and topography) for extending the Cross-Seminole Trail through this general area. 7) The Seminole County Special Projects Team requests that if this segment of the Old Sanford Oviedo Road ROW were vacated, that the City require a 20 foot- 3 September 23,2002 Public Hearing Item C Page 4 wide conservation easement be dedicated for a perpetual trail construction easement from the northeast boundary of the site to the northwest corner ofthe existing utility easement, parallel and contiguous to the north property line of the Affordable Tire site. CHRONOLOGY: July 11,2002 Request to vacate received by the City. August 21, 2002 - Seminole County Special Projects Team letter sent to City RECOMMENDATION: Staff recommends the City Commission consider and approve Ordinance No. 2002-27, subject to the applicant (1) dedicating a 20 foot wide easement, as requested by the Seminole County Special Projects Team, and (2) removing the fence and other chattel from the 50 foot-wide un- named ROW adjacent to the east side ofthe Affordable Tire site. ATTACHMENT: A - Proposed Ordinance No. 2002-29 B - Survey sketch C - Cross Seminole Trail extension maps and information D - Seminole County Special Projects Team letter COMMISSION ACTION: 4 Sent By: BROWN,WARD,SAlZMAN&WEISS,P.A.j 407 425 9596j Sep-18-02 12:37PMj Page 2/4 ATTACHMENT A ORDINANCE NO. 2002-%9 AN ORDINANCE OF THE CfIY OF WINTER SPRINGS, FLOlUDA, V ACA T1NG, ABANDONING AND CLOSING THA T PORTION OF THE OLD SANFORD OVIEDO ROAD RIGHT-OF-WAY LOCATED ON THE WEST SIDE OF AN UNNAMED 50-rOOT-WIDE RJGHT-OF-WAY. AND EXTENDING APPROXlMA TEL Y 387 FEET THROUGH PART OF WT 13, BLOCK C, OF D.R. MITCHELL'S SURVEY OF THE LEVV GRANT, AS RECORDED IN PLAT BOOK 1, PAGE 5, OF mE PUBUC RECORDS OF SEMINOLE COUNlY, FLORIDA, PROVIDING FOR CONFLICTS, SEVERA RILITY AND EFFECTIVE DAn. WHEREAS, the City Commission of the City. ofWjnter Springs, Florida finds that the City has no public use of the aforementioned segment of the Old Sanford Oviedo Road right-of.way; and WHEREAS, the City CoIJUllission 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 cjti;Lens of Winter Springs. NOW, THEREFORE, THE crrv COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: way: SedioD 1. The City hereby vacates, abandons and closes the following described right-of- THAT PORTION OF OLD SANFORD OVIEDO ROAD LYING WITHIN LOT 13 NORTH OF THE RAILROAD RlGHT -OJ..W A Y (LESS ROAD), BLOCK C, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 13, BLOCK C, U.R. MITCHELL'S SURVbY OF THE LEVY GRANT, AS RECORDED IN PLAT BOOK I, PAGE S, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, RUN SOUTH 08 DEGREES 32' 54" EAST ALONG THE WEST lUGHT -OF-W A Y LINE OF AN UNNAMED ROAD, 99.S3 FEET TO THE POINT OF BEGINNING; THENCF. CONTINUE ALONG SAID WEST RIGHT -OF-WAY LINE SOUTH 08 DEGREES 32' 54" EAST, 53.50 FEET; THENCE OEP ARTINO THE AFORESAID WEST RIGHT-OF.WAY LINE NOR'll! 77 OEGREES 42' 36" WEST ALONG City of Winter Springs Ordinance No. 2002-29 Page 1 of 3 Sent By: BROWN,WARO,SALZMAN&WEISS,P.A.j 407 425 9596j Sep-19-02 12:38PMj Page 3/4 THE SOUTHERLY RIGHT-Of-WAY LINE OF OLD SANFORD OVIEDO ROAD, 318.74 FEET; THENCE NORTH 32 DEGREES 42' 36" WF.ST ALONG SAIDSOUTHERL y RIGHT-OF-WAY LINE, 68.38 FEET TO THE NORTlIDRL Y LINE OF THE AFORESAID LOT 13, BLOCK C: THENCE NORTH 85 DEGREES 26' 39" EAST ALONG SAID NORrnERL Y LINE OF LOT 13, 56.71 FEET; TIlENCE DEP ARTINO SAID NORTHERLY LINE SOUTH 32 DEGREES 42' 36" EAST ALONG THE NORTHERLY RIGHT-Of-WAY LINE OF OLD SANFORD OV1EDOROAD 20.91 FEET; THENCE SOUTH 77 DEGREES 42' 36" EAST ALONG SAID NORTHERLY RIGHT-Of-WAY LINE, 290.00 FEET TO THE POINT OF DEGTNNING. Section 1- Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith. are hereby repealed to the extent of the conflict. Section 3, SeverabWty. 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 porlion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions ofthi~ ordinance. Section 4. Effettive Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City COJrunission of the City of Winter Springs, Florida, in a public bearing assembled on the _ day of , 2002. PAUL P. PARTYkA Mayor ATTEST: ANDREA WRENZO-LUACES City Oerk City Of Winter Springli Ordinance No. 2002-29 Pajte2of3 !nt By: BROWN,WARD,SAlZMAN&WEISS,P.A.j 407 425 9596j '\ Approved as to legal form and sufficiency for the City of Winter Springs only: ANTUONY A. GARGANESE, City Attorney First Reading: Second Reading: Effective Date: l":\I~\City uS' Wonllor Srrings\()"Ji1UM:l\ V...;a\d{OWOr.JN<lZOO2.2Y. "Till. City of Witlter Springs Ordinance No.2002-2lJ P-Jge 3 of 3 Sep-18-02 12:39PMj Page 4/4 '39" E ~ENCE ~ \ t' + +", f-t" 612,78' .' ,b ". + ----- .30 CONCRETE: ----- .3! 28 " .3?~ a -P- "l'Q ~ oo;~ ~ Q.., .so {s- "'I'....C' ;p...., ~ >c9- ~ ~ I" ~ ~c9.... ~. ~ 0....C>' ~ J- '!',.:>, \ 0.... ... ~c5':>c9 '5'- C>' ~ ..>~:>_ "Oc9_ . U' ~Q....o<: "'V--' IS'b ?", \ ';j- ... ~. ~ ~u ~ U~7Y (T>PtCAJ.) l \ c: \ ,~ ~,. + \ b' ~.. + 7 \ <..~- ---------..,. \ ~ \ ~\\ c:::~ .~ ~ ~ "j1 ~ Sfi t:l , 6.::- P" c.J'.ICf, /("'~ /' --... U OJ --- --... ::------... O.llJ S~ > ~ ~ > (] == ~ ~ ~, ~. t= /. ~ h' . <. -~ - - - ATTACHMENT C ~z ~2n2 Seminole County has begun the final design and environmental permitting services for the Cross Seminole Trail North. Improvements to the existing Cross Seminole Trail Corridor between Wade Street and Gardena Avenue, approximately 3.5 miles, will include a 15' wide paved trail and a 6-8' wide unpaved trail for hiking and equestrian use. Part of this process is receiving public input about the project. You are invited to attend a Project Information Meeting to be held at 6:00 p.m. on Wednesday, July 17, 2002 at the Winter Springs High School Cafeteria. The workshop will provide you with an introduction to the project, the status of the design to date and an opportunity for you to ask questions and provide your input into the design process. 6:00 p.m. - Informal Open House 7:00 p.m. - Formal Presentation rt (1111I).\', NMUI~.\1 CIIOICE: ~ r Project Contact Information If you have questions or comments regarding this project, please contact: David Martin, P,E., Principal Engineer Seminole County Engineering 520 W, Lake Mary Boulevard, Suite 200 Sanford, Florida 32773 Phone: (407) 665-5610 Fax: (407) 665-5772 dwmartin@co.seminole.fl,us Derek Dean, P,E., Sr. Project Engineer Inwood Consulting Engineers, Ine. 3504 Lake Lynda Drive, Suite 410 Orlando, Florida 32817 Phone: (407) 273-3661 Fax: (407) 273-3662 ddean@inwoodine.com Cross Seminole Trail North ..' Just a Click Away For updated trail information go to the Seminole County Website: jl \ 1\ 111\1 ~t)'~~OIN I \!j n~ 1~~'111'~ ~!:!)I t '/lo~".'al()UIU1~S SOLlS -I:I 'saul.lds J;)lUIi\\ PS17 '~rs lsu3 9G [ [ sau!Jds J;)lU!M JO 1\1\) JOlI!UlpJOO) 3uluut:(d lU;)JJl1) d)IV 'J;))jll8. U40[ a3J.S3nb3~ NOIJ.J3~~OJ SS3~aa" ELaE I2PUOI:J 'pJOJUI2S 00(: Cl~!ns 'pJI2^Cllnog "JI2W Cl>jl2l 'M OZS 6U!JClClU!6U3 ^~unoJ ClIOU!WClS ,~ .~ ~ UIUI U "'Wl1v:-; \,vCJI1JO lJ /U,t\f70.J :J70NlVv:J5 -Q Project Schedule The Cross Seminole Trail North Final Design began in January 2002 and will conclude at the end of the year. The project schedule is included below. Project Schedule I I I " Study 2002 .~ I 2003 Task Jan Feb March April May June July Aug Sept Oct Nov Dee Jan Feb Mar I Data I Collection i'- L~~ Preliminary Engineering ~. Plans Development Public $ Hearings ~_ ~ = Newsletter " = Public Meeting / . /I \, .= Board of County Commissioners Public Briefing .::.,~-------- /'--- '"" I ,,~ / ). ./ r ,_ vi' VOWS/A COUNTY -..........[' Lake Monroe ~ ----S-------------------------- C ~7 <111'0,.(/ 'i'''.e,. Seminole County, Florida Greenways and Trails Master Plan .. Sbl:I''''l:,I. Tn.a Built ~ .. Sboweno Trail Proponed mM.jor~OfTra.iJBui1t Il] fl MAj"'''''"''''"'''T,aiI.......... c::== MiDor C'.omactcr Tn.i.I OWl:! c::JQNiaos~TraiJProp.oICld - Wi1dcm.e.u TraiJ FLarid.aNa.tiaaAIS<<ni:cTraiJ '\ . -;4/fF-,-".&" ~1' ~'A,,- . ).-J "\;~\ ~~ /,> I X:, .. '-'~, ~GENEVA Florida Natioa.aJ Scm:ic Tnil ...........010 Loop iil TWIhud....;o, Ii1 TrWhud.Miacr HJl 0Ynpu0 (N...V~ ~FlcridaN""""''',,",Tnoil *:'1-t:; SdlooJ Rf>ifi .R=_ ~N-.! Laod. ~ .~Con!enJtioD W_ '\ L J).€ c.{ ~;:tl~\ .~ 0~~ , . . ~~\ ----------~~~ ~.........c_,.~~_~,2001 '. _, ~W~SpociaI_ "!<-.l.......~-~a..TnOIoc-tioa .uituar_ _IIlWWW~.A.ua1traib- ATTACHMENT D ENGINEERING DIVISION PUBLIC WORKS DEPARTMENT August 21, 2002 Vincent A. Contestabile Affordable Tire, Inc. 200 Old Sanford Orlando Road Winter Springs, FL 32764 RE: Old Sanford Oviedo Road ROW Vacate & Easement Exchange Dear Mr. Contestabile: The Seminole County Special Projects Team will support the Winter Spnngs Development Review Committee in the vacation of the ROW that bisects the Affordable Tire, Inc. Property Parcels numbered 26-20-30-5AR-OCOO-013E and 26-20-30-5AR-OCOO-013F (known as the old Sanford Oviedo Road in Winter Springs) in exchange for.a 20' wide perpetual Trail construction easement from the NE boundary of the property to the NW boundary of the existing utility easement. The requested easement is to be parallel and contiguous to the North property line of the Affordable Tire, Inc. property as described on the Sketch of Legal Description, dated 04/02/02 and provided by the LandTech Surveying & Mapping Corp., of Oviedo, Florida. This land swap would provide an undivided parcel for the landowner to develop while providing the County with the necessary easement to meet future Trail development needs for this fast growing area of Winter Springs. . Should you have any other questions or require additional information, please contact me concerning this matter. ~14~ ~:::~an Pelt, CPM Special Projects Team FVP/ht CC: Jerry McCollum, P.E., County Engineer Mahmoud Najda, P.E., Development Review Manager Neil Newton, Sr. Right of Way Coordinator Kimberly Dixon, P.E., Special Projects" ,. Mark Lichtenheld, Lead Tech, Special Projects d9!1n.~.*.er, AICP, City of Winter Springs Planning Coordinator 520 West Lake Mary Boulevard Suite 200 Sanford fL 32773-7424 Telephone (407) 665-5674 Fax (407) 665-5789