HomeMy WebLinkAboutOrdinance 415 Rezoning
ORDINANCE NO. 415
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA
REZONING LOT 14, IN BLOCK 8 OF NORTH ORLANDO TOWNSITE,
FOURTH ADDITION, PLAT BOOK 13, PAGE 58, PUBLIC RECORDS
OF SEMINOLE COUNTY, FLORIDA, FROM THE PRESENT ZONING
CATEGORY OF R-1 TO C-1 PURSUANT TO CHAPTER 166.041 OF
THE FLORIDA STATUTES; PROVIDING FOR THE AMENDMENT OF THE
OFFICIAL ZONING MAP; SEVERABILITY; CONFLICTS AND
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida,
has determined it to be in the best interests of the health, safety and welfare
of the citizens of Winter Springs, Florida, to rezone from its present zoning
category of R-1 to C-1 the following real property situate in Winter
LOT 14, IN BLOCK 8 OF NORTH ORLANDO TOWNSITE,
FOURTH ADDITION, PLAT BOOK 13, PAGE 58, PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA,
and
WHEREAS, the City Commission for the City of Winter Springs, Florida,
has determined that the rezoning of the above described real property will make
it conform with the present zoning categories of other properties situate in the
same immediate area and with the Winter Springs Comprehensive Plan.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAINS:
SECTION I - That the City of Winter Springs, Florida does herewith
and hereby rezone from its present zoning category of R-1 to C-1 the following
described real property:
LOT 14, IN BLOCK 8, OF NORTH ORLANDO TOWNSITE,
FOURTH ADDITION, PLAT BOOK 13, PAGE 58, PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA.
SECTION II - That the City Commission of the City of Winter Springs
has determined that a zoning category of C-1 would be compatible with the
surrounding property within the City and with the City's Comprehensive Plan and
with the passage of this Ordinance the City Commission does hereby amend the
Official Zoning Map of the minicipal limits of the City of Winter Springs,
Florida, to include the subject property within the above designated zoning
category.
SECTION III - If any section or portion of this Ordinance proves to
be invalid, unlawful or unconstitutional, it shall not be held to invalidate or
impair the validity, force or effect of any other section or portion of a
section or subsection or part of this Ordinance.
SECTION IV - That all Ordinances or parts of Ordinances in conflict
herewith are hereby repealed.
OFFICIAL RECORDS
BOOK 1954 PAGE 0858
SEMINOLE CO. FL.
DAVID N. BERRIEN
CLERK CIRCUIT COURT
SEMINOLE CO. FL.
501897
RECORDED & VERIFIED
1988 MAY 3 PM 12 25
Public Records of Seminole County, Florida and
being more particularly described as follows:
Begin at the S.E. corner of said Lot 26, Block
"0", thence N 22 degrees 03' 25" W, 569.44 feet
along the Easterly line of said Lot 26, Block "0"
to a point, said point lies S 22 degrees 03' 25"
E., 69.99 feet from the intersection of the North
line of the South 615.00 feet of said Lot 26,'
Block "0"; thence leaving the Easterly line of
said Lot 26, Block "0", run S 38 degrees 39' 40"
E, 104.98 feet to a point on the Easterly Right-
Of-Way line of said 30.00 foot wide unnamed
street; said point lies S 22 degrees 03' 25" E.,
95.63 feet from the intersection of the Westerly
Right-Of-Way line of State Road No. 434; thence S
22 degrees 03' 25" E., 468.83 feet along said
Easterly Right-Of-Way line; thence leaving said
line, run S 67 degrees 56' 35" W, 30.00 feet to
the Point of Beginning.
be and the same is hereby closed, vacated and abandoned as of
this date and the City Commission renounces all rights of the
City of Winter Springs, Florida in the above-described road
right-of-way, as abandoned, except for an easement for water and
sewer lines described by separate instrument, to be recorded in
the Public Records of Seminole County, Florida, in favor of the
City, ten (10) feet wide lying adjacent to the proposed right of
way line of State Road 434 as it will be widened by FDOT.
Section II If any section or portion of this Ordinance
proves to be invalid, unlawful or unconstitutional, it shall not
be held to invalidate or impair the validity, force or effect of
any other section or portion of a section or subsection or a part
of this Ordinance.
Section III All ordinances or parts of ordinance in
conflict herewith being the same are hereby repealed.
Section IV This Ordinance shall become effective
immediately upon its passage and adoption.
PASSED and ADOPTED this 11th day of April 1988.
CITY OF WINTER SPRINGS
LEANNE M. GROVE, MAYOR
ATTEST:
Mary T. Norton
CITY CLERK
FIRST READING 3/14/88
POSTED 4/11/88
SECOND READING AND PUBLIC HEARING 3/17/88
THIS INSTRUMENT WAS PREPARED BY: LINDA BARNBY, Esquire
SWANN AND HADDOCK, P.A.
P.O. BOX 640
ORLANDO, FL 32802-0640
OFFICIAL RECORDS
BOOK 2012 PAGE 0733
SEMINOLE CO. FL
.- 2 -
EASEMENT
THIS EASEMENT, made this day of October, 1988 by
SUDA, INC., a Florida corporation (“GRANTORS”), to the City of
Winter Springs, Florida, a municipal corporation (“GRANTEE”).
WITNESSETH:
THAT THE GRANTORS, for and in consideration of the sum of
$10.00 and other valuable considerations, the receipt and
sufficiency of which is hereby acknowledged, by these presents
does hereby grant, bargain, sell, alien, remise, release, convey
and confirm unto ~RANTEE~ a perpetual.n~n~exclusive easement. for
water and sewer llnes, plpes, and facllltles and structures
appurtenant thereto over, across, beneath, under and through the
following described property situated in Seminole County.
Florida:
See Exhibit "A" attached hereto and
made a part hereof (the "Easement Area")
TO HAVE AND TO HOLD said easement unto GRANTEE forever.
Such easement shall be for the benefit of GRANTEE and
GRANTEE'S agents and employees.
GRANTEE shall have the right to clear all trees, undergrowth
and other obstructions that may interfere with the normal
operation and maintenance of the facilities and structures
described herein, out and away from the Easement Area.
GRANTEE further agrees, immediately following any
construction by GRANTEE in the Easement Area, to repair and
restor the surface of the Easement Area and landscaping thereon,
including, but not limited to, plants, trees and shrubs, to its
condition existing immediately prior to any such construction,
provided, however, such repair and restoration shall not be
required to the extent it would disturb or interfere with the
safe and proper construction, operation, or maintenance of any of
the facilities and structures appurtenant to the easement granted
herein.
Suda, Inc. hereby warrants that it is the fee simple owner
of the Easement Area lying within Lot 26, Block D, according to
D. R. Mitchell's Survey of the Levy Grant, Plat Book I, Page 5,
Public Records of Seminole County, Florida and GRANTOR has full
power and authority to grant this easement. GRANTOR agrees not
to build, construct, or place, or permit others to build,
construct or place, any buildings, structures, barrier, landfill
or other hindrance on the Easement Area that would disturb or
interfere with the safe and proper construction, operation, or
maintenance of any of the facilities and structures appurtenant
to the easement granted herein.
These convents, terms and conditions shall attach to and
run with the land, and are binding upon the parties hereto, their
successors and assigns.
IN WITNESS WHEREOF, GRANTOR sets its hand and seal on the
day and year first above written.
Signed and sealed in the
presence of:
SUDA, INC.
By: William R. Miller
President
THIS INSTRUMENT WAS PREPARED BY: LINDA BARNBY
SWANN AND HADDOCK
P.O. BOX 640
ORLANDO, FL 32802-0640
OFFICIAL RECORDS
BOOK 2012 PAGE 0729
SEMINOLE CO. FL.
DAVID N. BERRIEN
CLERK CIRCUIT COURT
SEMINOLE COUNTY, FL
557103
RECORDED & VERIFIED
1988 NOV 3 PM 2:52
Documentary Tax Pd 55 cent
Intangible Tax Pd
David N. Berrien, Clerk Seminole
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing Easement was acknowledged before me this
20 day of October, 1988, by William R. Miller, the President
of Suda, Inc., a Florida corporation, on behalf of said
corporation.
Notary Public
My commission Expires:
OFFICIAL RECORDS
BOOK 2012 PAGE 0730
SEMINOLE CO. FL.
EASEMENT
Revised 1
A ten (10) foot strip of land lying within the following
described real property and adjacent to the Westerly right-of-way
line of State Road 434 (State Road 419).
Begin at the Southeast corner of Lot 26, Block "0",
D.R. Mitchell's Survey of Levy Grant, as recorded
in Plat Book 1, Page 5, Public Records of Seminole
County, Florida, thence North 22 degrees 03 minutes
25 seconds West 569.44 feet along the Easterly line
of said lot to a point lying South 22 degrees 03
minutes 25 seconds East 69.99 feet from the inter-
section of the North line of the South 615 feet
of said Lot 26, Block "0", for a Point of Beginning;
thence North 22 degrees 03 minutes 25 seconds West
69.99 feet; thence leaving the Easterly line of said
Lot 26, Block "0", run North 83 degrees 50 minutes
00 seconds East 11.5 feet to a point on the Easterly
right-of-way line of State Road 434 (State Road 419),
said point lying on a curve concave Easterly and
having a radius of 803.10 feet; thence, from a tangent
bearing of the South 33 degrees 06 minutes 39 seconds
East run Southeasterly 79.03 feet along arc of said
curve and also along the Westerly right-of-way line
of State Road 434 (State Road 419) through a central
angle of 5 degrees 38 minutes 18 seconds to the
intersection of the Easterly right-of-way line of
the 30 foot wide unnamed street; thence leaving the
Westerly right-of-way line of State Road 434 (State
Road 419) from a tangent bearing of South 38 degrees
44 minutes 57 seconds East run South 22 degrees 03
minutes 25 seconds East 95.63 feet; thence leaving the
Easterly right-of-way line of said 30 foot wide unnamed
street run North 38 degrees 39 minutes 40 seconds West
104.98 feet to Point of Beginning.
OFFICIAL RECORDS
BOOK 2012 PAGE 0731
SEMINOLE CO. FL
The Orlando Sentinel
Publiahed Daily
Altamonte Springs, Seminole County, Florida
S69.44
ADVERTISING CHARGE-----'-----------
rr::::~ o:';,":~;l:ri~a} "
, who on oath says that
she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper
Before the undersigned authority personally appeared
Catherine Deering
~n the
Court,
NOTICE OF PUBLIC HEARING
CITY OF WINTER SPRINGS, FLORIDA
NOTICE IS HEREBY GIVEN by the City
Commission of the City of Winter
Springs, Florida, that said Commission
will hold a Public Hearing on an ordi-
nance entitled as follows:
ORDINANCE NO. 416
AN ORDINANCE OF THE CITY OF
WINTER SPRINGS, FLORIDA,
CLOSING, VACATING AND ABAN-
DONING THE DEDICATED RIGHT-
OF-WAY UNNAMED STREET
WHICH EXISTS PURSUANT TO
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; PROVIDING
FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE
This Public Hearing will be held at 7:30
p.m. on April 11, 1988, or as soon ther-
eafter as possible in the Commission
Chamber, City Hall, 1126 East S.R. 434
Winter Springs, FI. 32708. '
Copies of the proposed ordinance are
available in the office of the City Clerk
for inspectIon. Interested parties may
appear at this hearing and be heard I
with respect to this proposed ordinance. '
Persons are advised that if they decide
to appeal any decision made at this
meeting, they will need a record of the
proceedings and for such purpose, they
may need to ensure that a verbatim re-
cord of. the proceedings is made which
record Includes .the testimony and evi+
dence upon which the appeal is to be
based per Seclion 286.0105 Florida
Statutes.
Dated this 18th day of March, 1988
CITY OF WINTER SPRINGS,
FLORIDA
IslMary T. Norton
Mary T. Norton,
City Clerk
LS-623t~_ . Mar.27;Apr.3, 1988
published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad-
vertisement, being a Notice of Public Hearing in the matter of
Ordinance No. 416
was published in said newspaper in the issues of
March 27; April 3, 1988
Affiant further says that the said Orlando Sentinel is a newspaper published at Altamonte
Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin-
uously published in said Seminole County, Florida, each Week Day and has been entered as
second-class mail matter at the post office in Altamonte Springs, in said Seminole County,
Florida for a period of one year next preceding the first publication of the attached copy of ad.
vertisement; and affiant further says that he/she has neither paid nor promised any person,
firm or corporation any.d~eba~, commission or refund for the purpose of securing this
advertisement for pUb~cation in t~d newspaper. ,....."
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Sworn to and subscribed before me this_---- day
-.-----../
A,D,,19
NOTARY PUBLlC,. S'''' ~M A . if{~bli'--
.' E' MIv 25 99 0 ary PublIc
My commission xplres PT '
60ndeCl By ""'lRICAN PI~lER CASUALTY INS. CO.
Aoril
88
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FORM NO, AD-264