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Home My WebLink About2005 08 22 Public Hearing Item 406- 1st Reading of Ordinance No. 2005-27, Drainage and Utility easement Oak Forest Unit II-B COMMISSION AGENDA ITEM 406 Consent Information Public Hearin Re ular x August 22, 2005 Meeting 'I Mgr lDept. I leA b- REQUEST: Community Development Department presents to the Commission, the First Reading of Ordinance No. 2005-27 which will vacate and abandon the west 5 foot wide portion of a 50 foot wide drainage and utility easement, located adjacent to and across the east side of Lot 180, Oak Forest Unit II-B (PB 26, pages 85,86). PURPOSE: The purpose of this agenda item is to present to the Commission, the First Reading of Ordinance No. 2005- 27, which will vacate and abandon a 5 foot- wide, approximately 110 foot-long, portion of a 50 foot wide drainage and utility easement, located on the east side of Lot 180, Oak Forest Unit II-B. CONSIDERATIONS: The applicants, Lisa and Milciades "Tony" Monicion, request vacating this 5 foot wide portion of the easement in order to construct a swimming pool into this area. None of the utility providers, including the Public Works Department, have any objection to the proposed vacation (please see attached letters). The City Attorney is preparing the ordinace. 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: August 22, 2005 Public Hearing Item 406 Page 2 (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 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) Lisa and Mi1ciades Moncion request to vacate the subject 5 foot-wide x approximately 110 long portion (the portion closest to the house) of a 50 foot wide drainage and utility easement that extends across the rear (east side) of Lot 180 of Oak Forest Unit 2-B. 2) The Public W orkslUtility 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. 2 August 22, 2005 Public Hearing Item 406 Page 3 3) Letters were received from applicable utility providers, stating no objection to vacating the easement. RECOMMENDATION: Staff recommends the City Commission consider and approve the First Reading of Ordinance No. 2005- 27. ATTACHMENT: A - Location map B - Application, plot plan, and utility letters COMMISSION ACTION: 3 /585 H G F D ) c ~-'--~~ ?l 931 B 6 7 8 NOTES: Municipal Address Map Book PRINTED: REVISED: Apr 2005 1: City of Winter Springs, FL o 200 ~J'_..._.._ 400 . Feel 2: 3: ap Page Developed By: Southeastern Surveying & Mapping Corp. 2628 ~t~~J.,* ~~ O):t ATTACHMENT B CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5966 R FAX: 4 0 7 - 3 2 7 - 6695 f11l\.f~~"?1.. f,J Ur ~;,,: hbil BOARD OF ADJUSTMENT APPLICATION CITY or ,A,nNl Eli ,;PRINGS i- Current Planning s'" V 0\. c. "'- 't e. e. 0... S0vv-. ~ '\ o CONDITIONAL USE / SPECIAL EXCEPTION o VARIANCE o WAIVER APPLICANT: Mvncit/n , ,-r. .. ten.!} . A1i1cildes 9 LlolL Last First Middle MAILING ADDRESS: I0I..P5 Chok.R-c~ !;;)). Wtftr;: ~r ~ . ~7~i~code . PHONE & EMAIL t07 - 375- 09,-/ LI'SatnDhcion @:> earlh/mAc. Jut- - U64. - If Applicant does NOT own the property: PROPERTY OWNER: MAILING ADDRESS: PHONE & EMAIL Last First Middle City State Zip Code This request is for the real property described below: PROPERTY ADDRESS: Id..P5 Cho kcche-rr.j ~-L v eJ TAX PARCEL NUMBER: 1~-.,:2.1-3C>-50Lf -ODOO - IBoo SIZE OF PARCEL: EXISTING LAND USE: Square Feet Acres Current FUTURE LAND USE Classification: Current ZONING Classification: Please state YOUR REQUEST: \ku-a:..-k... eaSemerd:: - 5 ~ .. March 2005 .,...~- ~t::fJ.-* ~, CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5966 FAX:407-327-6695 ~~";':'f~ Nf~ h~ ~,,&) ~ t~ h, CITY OF WIN1TR SP!~INGS Current Planning BOARD 0 F ADJ U STM E NT APPLICATION a V~c..c...'t:~ e.~~~.:r o CONDITIONAL USE / SPECIAL EXCEPTION o VARIANCE o WAIVER "Ton.::) .. . MDncitJn A;1i1cJddes ? LlolL Last First IC&5 ChokPc~ [;;)) . WLltr::: ~r ~ J. ~7~i~COde . it> 1 - 37 S ~ 09 Lj Lrsa-rnDhcio n @:> ca.rlhJ mk. he.--[- - Li5t.. - If Applicant does NOT own the property: APPLICANT: MAILING ADDRESS: PHONE & EMAIL PROPERTY OWNER: MAILING ADDRESS: PHONE & EMAIL Middle Last First Middle City State Zip Code This request is for the real property described below: PROPERTY ADDRESS: lctP5 Chokcche.rr~ d":RLVe- TAX PARCEL NUMBER: 1~-.,:2..1-3C>-50Lt -DODD - IBoo .C;t"fp'" r.h"''''~ r'nnl""''''' 1..Rnrl_"'?t;r._n"'I';" C',C'" ""'0 n7 . D'.c'c h. w... n..... 12005 Seminole County Property Appraiser Get Information by Parcel Number Page 1 of 1 GENERAL 12-21-30-504-0000- .. W1-WINTER Parcelld: 1800 Tax Dlstnct: SPRINGS MONCION Owner: MILCAIDES A & Exemptions: OO-HOMESTEAD LISA M Address: 1065 CHOKECHERRY DR City,State,ZipCode: WINTER SPRINGS FL 32708 Propert Add . 1065 CHOKECHERRY DR WINTER SPRINGS Y ress. 32708 Subdivision Name: OAK FOREST UNIT 2B Dor: 01-SINGLE FAMILY SALES Deed Date Book Page Amount Vacllmp WARRANTY DEED 0912002 04545 1219 $157,500 Improved WARRANTY DEED 09/1991 02342 1432 $96,000 Improved WARRANTY DEED 08/1990 02212 1152 $105,000 Improved WARRANTY DEED 01/1983 01436 1495 $80,900 Improved Find Comparable Sales within this Subdivision LAND 2005 WORKING VALUE SUMMARY Value Method: Number of Buildings: Depreciated Bldg Value: Depreciated EXFT Value: Land Value (Market): Land Value Ag: Just/Market Value: Assessed Value (SOH): Exempt Value: Taxable Value: Tax Estimator 2004 VALUE SUMMARY Market 1 $151,279 $1,095 $26,000 $0 $178,374 $150,644 $25,000 $125,644 $2,440 $2,267 Tax Value(without SOH): 2004 Tax Bill Amount: Save Our Homes (SOH) Savings: 2004 Taxable Value: $121,256 DOES NOT INCLUDE NON-AD VALOREM ASSESSMENTS $173 Land Units Land Value $26,000 LEGAL DESCRIPTION PLAT LEG LOT 180 OAK FOREST UNIT 2B PB 26 PGS 85 & 86 Land Assess Method Unit Price Frontage Depth LOT o o 1.000 26,000.00 BUILDING INFORMATION Bid Num Year Bit Base SF 1,831 Fixtures Gross SF Heated SF 2 287 CB/STUCCO , FINISH Bid Value Bid Type SINGLE FAMILY Appendage I Sqft Appendage I Sqft Appendage 1 Sqft Appendage I Sqft 1983 6 2,977 GARAGE FINISHED 1462 OPEN PORCH FINISHED 1 60 SCREEN PORCH FINISHED 1168 BASE 1 456 Ext Wall $151,279 Est. Cost New $165,332 EXTRA FEATURE Description Year Bit Units EXFT Value Est. Cost New FIREPLACE 1983 1 $675 $1,500 WOOD DECK 1994 150 $420 $750 NOTE: Assessed values shown are NOT certified values and therefore are subject to change before being finalized for ad valorem tax purposes. *** If au recent! urchased a homesteaded ro ert our next ear's ro ert tax will be based on Just/Market value. http://www.scpafl.org/pls/web/re_web.seminole_ county _title?parcel=12213050400001800... 6/15/2005 844 Maguire Road Ocoee, FL 34761 Tel 407-532-8596 Fax 407-656-1162 '-ten - 811- '3()S~ (F~) @ lb. 0-: {' bright house NETWORKS May 5, 2005 Ms. Lisa Moncion 1065 Chokecherry Drive Winter Springs, FL 32708 RE: Vacation of a Drainage and Utility Easement Section 12, Township 21, Range 30 Dear Ms. Moncion, Bright House Networks has reviewed your request regarding the Vacation of a Drainage and Utility Easement described as: · The west 5' of a 50' Drainage and Utility Easement lying adjacent to the east or rear property line of 1065 Chokecherry Drive, Winter Springs, Florida. Bright House Networks has NO OBJECTION to the partial Vacation of an Easement as described above. If you should have any additional questions, please do not hesitate to contact me at (407) 532-8508. Sincerely, ~~ P.l. King Senior Construction Manager Bright House Networks cc: Marvin L. Usry, Jr., Bright House Networks ~ ~ Sprint FLALTH0101 Box 153000 Altamonte Springs, FL 32715 May 2, 2005 Lisa Moncion 1065 Chokecherry Drive Winter Springs, FI 32708 Ref: Request for vacating utility easement Lot 180, Oak Forest Unit Two-B Public records of Seminole County / Florida Lisa and Family I have reviewed the plats for the above referenced property and have determined that Sprint / Florida does provide service to this area and this amendment will not encroach unreasonably on our ability to provide service to this area. Sprint / Florida has no objections to abandonment of the above referenced Utility Easement. Note: this in no way affects the utility easement along the front and side of the above described properties as it is, and will remain, "in use". If I can be of any further assistance please contact me at 407/830-3279 Steve O'Brien Network Engineer E&C sZ;~~ ~'a~~ -_.--- --- ---- a PnIgess&ll1lV / / /" I' f /~ay 20, 2005 / I Ms. Lisa Moncion 1065 Chokecherry Drive Winter Springs, FL 32708 RE: Vacation aad AbaadODlIleDt of. Utility Easanent Dear Ms. Moncion: Please be advised that Florida Power Corpo.-ation has "no objection- to the vacation and abandonment of that certain portion of 50 foot wide platted drainage and utility easement being mOIeparticolarlydescribed as the West 5 feet (rear) of the East 50 feet of Lot 180, OAK FOREST UNIT TWo-B, according to plat thereof, as recorded in Plat Book 26, Pages 85-86 of the Public Records of Seminole County, Florida. If I can be of further assistance, please do not hesitate to contact me. S/~~ I Janice ClUlllell Operations Support North Central Region Progress Ensrgy. 2a01 west Slate Road 426 . OViedo. FIofiI>> 32765 .. Telephone (A07) J59.44,29.. f..aImiIe (407) 359-4449 A Progr8SS EneJflY CootJtJny Legal Description. lot 180, OAK FOREST UNIT TWO-B, according to the plat thereof, o.s Recorded In Plat Bool< 26 Page(s) 85-86 of the Public Records of SeMinole County, Florida, I \ ~ _\ , ' ~ -i (~ , l1 ., <:xl ,. LOT 179 '- "' 0: eJ "- rJ/ 'I,P. , ~ fl1j'J \/:1 MGIfJ IOvlr t o T' ~ ~' ~~"'D" .(\~ /,VlJ) / tV b~ '\ .. Vj .uSJ,C 7f '{t:}( f-- 25.0' J P.c. ~~ q': ~)~ Q;/~ Q;1i} ftJ!~ ~7~ ::.::' $ rOUNO ," IRON PIPE I [RLS ,26J I~ 85:02:'8:: S' DRAINAGE AND unuTY EASEMENT LOT 186 LO T 185 ~~ LOT 183 CURVE CI BEARING N14'46'21"E NI5'OO'I7"E LOT 184 SURVEYOR'S REPORT: 1) Ba$~d on the National Flood Insurance Program "FIRM" Mop Community - Panel Number 120291 0145 E. Doted APRIL 17, 1995, portions of 'he aboye described Property ore located in Zont! "X~ area determined to be outside 50D-year "ood-plain. and Zone "A", special flood hazard areas inundated by 100- year nood-plaln, with no base Rood elevations determlntJd. 2) BtJorings orfJ based on: The North line of Lof 180 being N85'02'1B"W per plot. J) VlJrUcal Datum "S bosed on: N/A 4) The SUt"Ylt)Of' has not abstrocted the lands shown hereon for tJosements and/or rIghts of way of record. S) No underground installations, foundation footings, or Improvements have been located except os noted. 6) There may b~ additional restrictions that are not recorded on this survey that mayor may not be found in the public records of this county. 7) There is no evidence on the ground of Use of the property which might suggest a pO$s;ble e1aim of easement other than those shown on the survey. 8) This Survey was .prepared for the Entities named hereon and is -nontransferable-. 9) Improvements within their specific easements hove not been located os 0 port of (his survey. 10) Due to the lock of original monumentation. this survey Is based on existing monumentation. CERTIFICA TION: I hereby certify thot the survey represented on this map was made under my direction on the date shown based on the information furnished to me as noted ~,"d conforms to the MINIMUM TECHNICAL STANDARDS FOR lAND SURVEYlNG AND MAPPING IN 'THE STATE OF flORIDA In occordance with C , Florida Administrative Code. BOUNDARY SURVEY r o :j ()) o MILCAIDES A. MONCION LISA M. MONCION Sellle' 04158-180 I" LEGEND o = FOUND /' IRON PIPE AS LABELED @ = IIHL PUMP A. C. = AIR CONDmONER CDVD = COVERED CONC CONCRETE (r) = ~~~g ~~~~~~~~E~'is CALCULA TED FROM (PJ = PLAT P.C. = POINT or CUR VA lURE 'Unless Noted Otherwise' NA - 30' Checked by' IPlR-aJ P ~<1l1ck> IIIms ProFeSSIonal Surveyor to norldo. Reglstro. tlon No. 4 "Not valid without the signature and the origin olsed seal of 0 Florida licensed surveyor ond mappe .. ~.ND IECR SURVEYING & MAPPING CORP. 350 S. Cpntrol Ave., Oviedo. n. 32765 P.O. Bo. 621892, Oviedo, TI. 32762 Voice (407) 365-103~ Fa. (407) 365-1838 licensed Buslnpss No. 5777 ~ ""U llJ I\) 0> ""U @ RE'vlsed. CertiFied to. ()) 01 I en 0> LegQI DescrIption. lot 180, OAK FOREST UNIT T'w'O-B, Qccordlng to the plQt thereof, QS Recorded In PIQt Book 26 PQgeCs) 85-86 of' the Public Records of SeMinole County, FlorldQ, BEARING NI4'46'21"E P NIS'OO'17"E F LO T 179 BENCHMARK #1 IRON ROD AND CAP "LB 5777" ELEVAnON = 50.14' I-- gI :jf ~I ~/!i /:1::%~ U' t:!:;J/li t:ql g; 5' DRAINAGE AND unLlTY EASEMENT BENCHMARK #2 IRON ROO AND CAP "LB 5777" ELEVA nON = 52.24' LO T 186 LOT 185 / X4931 LOT 183 4 6/02/0S 3 5/11/05 2 4/20/05 1 11/11/04 NO. DA TE ADOED DITCH ELEVA nONS & CORRECTED FLOOD MAP TOPOGRAPHIC SURVEY ADDED kEV/SE STREET NAME ONL Y ORIGINAL BOUNDARY DESCRIPTION OM RJE OAR KJK BY LOT 184 SURVEYOR'S. REPORT: 1) Bosed on the National Rood Insurance Program "FIRM" Mop CommunIty - Panel Number 1202950145 E. DatfJd APRIL 17, 1995, portions of tht1 above descrIbed Property are located in Zone .X~ area determined to be outs/de SOD-year flood-plain, and Zone "A ~ special flood hazard areas inundated by 100-)4or flood-plain. with no base flood ./evatlons determined. 2) Bearings ore bosed on: The North line of Lot 180 being N8S-02'18"W per plat. J) Vertical Datum Is based on: Seminole County Benchmark Designation Number 4622201, elevation being 56.38' (NGVD29). 4) The SUrYe)Or has not abstracted the lands shown hereon for easements and/or rights of way of record. 5) No underground insta/Jations. foundation footings, or improvements have been located except os noted, 6) There may be additional restrictions that ore not recorded on this survey that mayor may not be found in the public records of this county. 7) There Is no evidence on the ground of use of the property which might suggest a possibl8 claim of easement other than thos8 shown on the survey. 8) This Survey was prepared for the Entities named hereon and Is -nontransferable", B) t.../provements within their specific easements have not betm located as a part of this survey. 10) Due to the lack of original monumentat/on, this survey is based on existing monumentation. CERllFlCA 1l0N: I hereby certify that the survey represented on .thls map was made under my direction on the dote shown based on the information furnished to me os noted and eanfarms to ths MINIMUM lECHNICAL STANDARDS FOR LAND SURVEi1NG AND MAPPING IN THE STAlE OF FLORIDA In aceardanes with CH.61G17-6, Florida Administrative Code. BOUNDARY AND TOPOGRAPHIC SURVEY DO"; Of, ;'.'~OO'Y ~~~itg:T."ff:~f SC:Q.l~, 04158-180 1" = 30' LEGEND o = FOUND l' IRON PIPE AS LABELED o = IlE'LL PUMP A.C. = AIR CDNDlnONER COVD = COVERED CONC = CONCRETE (F) ~~ ~f~~~~f~E~'i/ALCULA TED FROM (Pi - PLAT P.C. POINT or CURVA TURE "Unless Noted Otherwise'" r o ::;! 00 o MILCAIDES A. MONCION USA M. MONCION P k) Burns . Professlono.t Surveyor.'8;. Mo.pper FLorldu Reglstru tlon No, 4702 "Not valid without the signature and the original raised seal of 0 Florida licensed surveyor and mapper" ./AN'D IECR SURVEYING & MAPPING CORP. 350 S. Centra.l Ave" Oviedo, Ft. 32765 P,O. Box 621892, Oviedo, FI. 32762 Voice (407) 365-1036 Fux (407) 365-1838 licensed Business No. 5777 A iJ CD I\:) 0> iJ C) en 00 01 I 00 0> Certified to. ORDINANCE NO. 2005 27 Is Being Prepared by the City Attorney And will be provided as soon as we receive it ATTACHED IS ORDINANCE NO. 2005-27 For Public Hearing No. 406 ORDINANCE NO. 2005-27 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE VACATION OF A DRAINAGE AND UTILITY EASEMENT WITHIN THE CITY OF WINTER SPRINGS LOCATED ON LOT 180, OAK FOREST, UNIT 2-B, AS RECORDED IN PLAT BOOK 26, PAGES 85-86 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 herein, has requested the vacation of a platted drainage and utility easement lying adjacent to the east or rear property line of 1065 Chokecherry Drive; and WHEREAS, the City of Winter Springs is not currently using, nor has any plans to use, the subject drainage and 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 drainage and 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 ofthe 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, in accordance with Section 17- 27 of the City Code, hereby vacates five (5) feet of a fifty (50) foot drainage and utility easement of lot 180, Oak Forest, Unit 2-B, lying adjacent to the east or rear property line of 1065 Chokecherry Drive, Winter Springs, Florida, as recorded in Plat Book 26, Pages 85-86, 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. Following adoption of this Ordinance, the same shall be recorded by the City Clerk in the Land Records for Seminole County, City of Winter Springs Ordinance No. 2005-27 Page 1 of2 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 ,2005. JOHN F. BUSH Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2002-27 Page 2 of2