HomeMy WebLinkAboutResolution 211 Utility Easement
RESOLUTION 211
WHEREAS, the owner of Lot 20, of WILDWOOD, a Planned
Urban Development of Winter Springs, according to the plat
thereof, as recorded in Plat Book 19, Pages 6 - 10 of the Public
Records of Seminole County, Florida, has presented to the City
Commission of Winter Springs, Florida a Petition to close,
vacate and abandon a portion of a utility easement, and said
utility easement is within the Subdivision known as WILDWOOD,
a plat, of which is recorded in the Public Records of Seminole
County, Florida, in Plat Book 19, pages 6 - 10, and is more
particularly described as follows:
That portion of a utility easement as shown on
the Plat of WILDWOOD, which would be the Western
25 feet of the existing 15 foot utility easement,
which is the East 15 feet of Lot 20, WILDWOOD,
a Planned Urban Development, as recorded in Plat
Book 19, pages 6 - 10 of the Public Records of
Seminole County, Florida;
and said Petition is in proper order and form, and
WHEREAS, said City Commission did on November 21,
1977 authorize publication of Notice of filing of said Petition
to close, vacate and abandon a portion of said Utility Easement;
that said Notice was duly published in a newspaper of general
circulation published in Seminole County, Florida on the
9th day(s) of February, 1978, due proof
of which has been filed with this Commission; that said Notice
required that all persons opposed to the closing, vacating and
abandoning of said portion of the utility easement appear before
the City Commission on the 8th day of March, 1978
and present their objections, and
WHEREAS, said City Commission has, on this 21st day of
November, 1977, at its regular meeting at 7:30 o'clock
in the forenoon, at Winter Springs, Seminole County, Florida,
considered said Petition to close, vacate and abandon a portion
of said Utility Easement, and considered the advisability of
renouncing or disclaiming any right of the City of Winter Springs
and the public in and to the above described portion of said
-1-
easement, and the advisability of vacating, abandoning, dis-
continuing and closing the same, and
WHEREAS, no objections have been made to the closing,
vacating or abandoning of a portion of said Utility Easement,
and it appears to this Council that the continued dedication
of said portion of said Easement can serve no useful purpose to
the public;
NOW, THEREFORE, BE IT RESOLVED by the City of Winter
Springs, Florida, that the portion of said Utility Easement
above particularly described, be henceforth closed, abandoned,
discontinued and vacated; and that the City Council of Winter
Springs, Florida, acting for the City and the public, does
hereby renounce and disclaim any right, title or interest in and
to said portion of said utility Easement, and that the title
thereto be vested in the property owner of Lot 20, WILDWOOD,
a Planned Urban Development of Winter Springs, according to
the plat thereof, as recorded in Plat Book 19, Pages 6 - 10 of
the Public Records of Seminole County, Florida, in accordance
with the law.
ADOPTED: March 21, 1978 CITY OF WINTER SPRINGS, FLORIDA
Mary T. Norton
CLERK
BY: Troy J. Piland
-2-
CITY OF WINTER SPRINGS
FLORIDA
NOTICE OF PUBLIC HEARING
************************
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN by the City Council of
the City of Winter Springs, Florida, that said City Council
will hold a public hearing at 7:30 P.M. on Wednesday, March
8, 1978, or as soon thereafter as possible, to consider a
Resolution vacating a portion of an easement, more particularly
described as follows:
That portion of a utility easement as shown on
the Plat of WILDWOOD, which would be the Western
25 feet of the existing 15 foot utility easement,
which is the East 15 feet of Lot 20, WILDWOOD,
a Planned Urban Development, as recorded in Plat
Book 19, page 6 - 10 of the Public Records of
Seminole County, Florida.
A copy of said Resolution shall be available at the
office of the City Clerk of the City of Winter Springs, Florida,
for all persons desiring to examine the same.
The Public Hearing will be held in the Community Bldg.,
City of Winter Springs, Florida, at which time interested parties
for and against the above will be heard.
DATED: February 2, 1978.
/s/ Mary Norton
MARY NORTON, City Clerk
City of Winter Springs, Florida
TELEPHONE
(305) 327-1000
March 5, 1978
Ms. Shirley Reich
Colonial Title Company, Inc.
P. O. Box 7758
Orlando, Florida 32804
Dear Ms. Reich:
Enclosed please find bills in the amount of
$7.65 from the Evening Herald and $9.99 from the Sentinel Star
Company for the publication of the public hearing notice for
vacating the easement in Wildwood.
Yours very truly,
CITY OF WINTER SPRINGS
Mary T. Norton,
City Clerk
National
Homes
Construction
Corporation
February 20, 1978
The Honorable Troy Piland
Mayor, City of Winter Springs
City Hall
Winter Springs, Florida
Dear Mayor Piland:
The City Council in January passed a resolution releasing an easement
running adjacent to Lot 20, Wildwood Subdivision, insofar as the house
located on said Lot 20 encroached on the utility easement. At that time
the City Council was furnished with an engineer's drawing. Previously
the utility companies had made such a release.
It is my understanding that the City Attorney stated it was necessary to
publish and have a written resolution submitted and passed by the City
Council.
It is respectfully requested that this matter be placed on the agenda of
the next meeting of the City Council so that a resolution that meets the
requirements of Mr. Massey may be passed by the City Council. The title
company has taken the position that it will not insure title to the
property until the City Council has acted. Your cooperation in this
matter is very greatly appreciated.
Very truly yours,
Milton E. Ecker
Counsel
cc: Gary E. Massey
City of Winter Springs
City Hall
FEB 22 1978
RECEIVED
GENERAL OFFICES: EARL AT KOSSUTH LAFAYETTE, INDIANA 47902 (317) 447-3131
BROCK, MASSEY. WALDEN & EATON
ATTORNEYS AND COUNSELLORS AT LAW
WINTER PARK FEDERAL BUILDING
355 East Semoran Boulevard
Altamonte Springs, Florida 32701
Newman D. Brock
Gary E. Massey
Franklin T. Walden
O.H. Eaton, Jr.
CITY OF WINTER SPRINGS
CITY HALL
FEB 7 1978
RECEIVED
February 2, 1978
Ms. Mary Norton
City Clerk
City of Winter Springs
102 North Moss Road
Winter Springs, FL 32707
Dear Mary:
Enclosed herewith please find Resolution and Notice of
Public Hearing in regard to the vacation of an easement
in Wildwood. We will forward proof of publication to you
as soon as we receive same.
.
Sincerely yours,
GARY E. MASSEY
GEM/bp
enc.
TE LEPHONE
(305) 327-1000
February 8, 1978
Re: That portion of a utility easement as shown on the Plat of
Wildwood, which would be the Western 25 feet of the existing
15 foot utility easement, which is the East 15 feet of Lot 20,
Wildwood, a Planned Unit Development, as recorded in Plat Book
19, page 6 - 10 of the Public Records of Seminole County, Fl.
Dear
This letter is to advise you that a Public Hearing will
be held at the Community Building on North Edgemon Avenue, Winter
Springs, Florida on March 8, 1978, to consider a Resolution vacating
a portion of an easement more particularly described above.
The time of the Public Hearing will be 7:30 p. m., or as
soon thereafter as possible, at which time interested parties and
citizens for and against the above will be heard.
Yours truly,
CITY OF WINTER SPRINGS
Mary T. Norton,
City Clerk
lot 5-Wildwood
Maria Stevens & Taras Hapiab
910 Lakeview Dr. W.S.
lot 6 lot 15
Arnold G. York Jeffrey & Diane Salis
912 Lakeview Dr., W.S. 930 Sundbury Crt.-W.S.
lot 7 lot 33
George & Evelyn Smith Gary & Peggy Webb
914 Lakeview Dr., W.S. 966 Woodlawn Dr. W.S.
lot 8 lot 36
Gerald & Bonnie Hildebrand Leonidas & Grace York
916 Lakeview Dr., W.S. 972 Briarwood Dr W.S.
lot 9 lot 44
Natl. Homes, P.O. Box 680 Paul & Sheila Mirabella
Layfayette, In. 47902 988 Thistle Place
lot 13 lot 48
Michael & Dorothy Nosal Thomas & Grace Sullivan
926 Sunbury Crt. W.S. 996 Thistle Pl
lot 14 lot 65
Chas. H,. & Linda Goodness Stephen & Nancy Burns
928 Sunbury Drive-W.S. 967 Briarwood Dr.
lot 70
John & M. Croke
935 Woodlawn Dr.
.
PLAT of SURVEY
for
DAVID CHARLES HUDICK
DESCRIPTION
LOT 20 WILDWOOD
RECORDED IN PLAT BOOK 10 PAGES 7,8,9,& 10 PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA
DOMINIC F. CAVONE
PROFESSIONAL LAND SURVEYOR No. 2005
Land Cavone
848 E. Lake Street: SR 427
Longwood, Florida 32750
p. o. box 7758 · orlando, florida 32804 . (305) 423-5425
colonial title company, Inc.
October 4, 1977
City of Winter Springs
Mayor Troy Pineland and City Council Members
RE: Lot 20, of Wildwood, A Planned Urban Development
of Winter Springs, PB 19, Pages 7-10, Seminole
County, Florida
To Whom It May Concern,
This office is presently engaged in attempting to remove a cloud on
the title to a certain lot within the City of Winter Springs, Florida
referenced above.
The problem is that the building on this lot encroaches approximately
five feet into a utility easement, which was dedicated for public use
by the developer on the plat for Wildwood, A Planned Urban Development.
(a copy of which is attached for your reference) In my efforts to
obtain a partial release of this easement, I am informed by Mr. Ray
Bradshaw, Building Superintendent, that it will be necessary to get
authorization from the City Council of Winter Springs.
The prospective purchasers have entered into a written contract with
the owner of this home and are prepared to move into it at the present
time. Since there are several concerned parties , including the buyer
and seller, I would like to request at the next regular meeting of the
City Council, October 10, 1977, that the City Council close, vacate
and abandon the westerly five feet of that certain fifteen foot
easement covering the East fifteen feet of lot 20, Wildwood, A Planned
Urban Development.
I am enclosing for your reference, a sketch of the easement itself,
drawn by Mr. Dominick Cavonne, the surveyor who originally drew the
plat, which shows the location of the drainage pipe and utility cables
within the easement. Please note that they are not located within the
portion of the easement we are requesting that you vacate. Also, so that
you will be informed of the position of all parties interested in this
easement, I am enclosing letters of consent from Florida Power Co.,
Winter Park Telephone, and North Orlando Water and Sewer Corporation.
A check with the developer of this property, National Homes Construction
Corp. revealed that there is no homeowner's association in Wildwood
from which we could get any information.
If there is any additional information that the Council will need to
grant our request or any other steps requisite to preparing you for
an informed decision please do not hesitate to contact me at 423-5425.
Please advise this office by telephone the time of your next meeting in
which this matter may be heard. Thank you in advance for your time
and attention in this matter.
Very truly yours,
Shirley R. Reich
north orlando water & sewer company
one north fairfax avenue, winter springs, florida 32707 phone 322-1641
September 28, 1977
Mr. Bruce Bentler
Colonial Title Co., Inc.
P. O. Box 7531
Orlando, Florida 32804
Dear Mr. Bentler:
North Orlando Water & Sewer Corporation has no objection to
the abandonment of a portion of the utility and drainage
easement described as follows:
The West 5 feet of the East 15 feet of
Lot 20, according to the Plat of Wildwood
as filed in Plat Book 19, Pages 7, 8, 9
and 10, Seminole County, Florida.
Yours truly,
John W. Hall, Jr.
Operations Manager
JWHJr:dkw
The Winter Park Telephone Company
September 29, 1977
Mr. Bruce Bentler
Colonial Title Co.
P.O. Box 7758
Orlando FL 32804
Dear Sir:
The Winter Park Telephone Company has no objection to the abandonment
of the West 5' of the existing 15' utility easement which is the East
15' of lot 20 of Wildwood, a Planned Unlt Development as recorded in
Plat Book 19, pages 6,7,8,9, & 10 of the Public Records of Seminole
County FL.
However, we have underground facilities approximately 5' West of the
East property line of this lot so it will be necessary that a 10'
easement (the East 10' of this lot) be maintained.
If I can be of further assistance, please call me at 830-3428.
Very truly yours,
John Wehmeier
Engineer
JW/KR
cc: Outside Plant Engineer
Drafting Foreman
P.O. BOX 3000/ALTAMONTE SPRINGS, FLORIDA 32701/(305)830-3211
P.O. Box 417, Winter Park, Florida 32790
Florida
Power September 26, 1977
CORPORATION
Ms. Shirley Riech
Colonial Title Co.
P.O. Box 7758
Orlando, Florida 32804
Dear Ms. Riech:
Please be advised that Florida Power Corporation has no
objection to the abandonment of the Westerly 3 feet of that
certain 20 foot wide easement area comprising the Easterly
20 feet of Lot 20, Wildwood according to the plat thereof
recorded in plat book 19, pages 7 thru 10, Public Records of
Seminole County, Florida.
Very truly yours,
FLORIDA POWER CORPORATION
Marvin E. Logue
MEL: cet
cc: Mr. K.L. Dyer
Wildwood, a Planned Unit Development
TELEPHONE
(305) 327-1000
.
February 7, 1978
Ms. Shirley Reich
Colonial Title Company Inc.
P. O. Box 7758
Orlando, Florida 32804
Dear Ms. Reich:
Please be advised that the City Council will hold a
public hearing at 7:30 p. m. on Wednesday, March 8, 1978, or
as soon thereafter as possible, to consider a Resolution vacating
a portion of an easement, more particularly described as follows:
That portion of a utility easement as shown on
the Plat of Wildwood, which would be the Western
25 feet of the existing 15 foot utility easement,
which is the East 15 feet of Lot 20, Wildwood, a
Planned Unit Development, as recorded in Plat Book
19, page 6 - 10 of the Public Records of Seminole
County, Florida.
The public hearing will be held at the Community Building
on North Edgemon Avenue.
If there is any further information you may need, please
let me know.
Yours very truly,
CITY OF WINTER SPRINGS
Mary T. Norton,
City Clerk
SENTINEL STAR
Published Daily
Altamonte Springs, Seminole County, Florida
ADVERTISING CHARGE
$9.99
State of Florida )
COUNTY OF ORANGE ) SS,
Before the undersigned authority personally appeared
Marie M. Minner, who on oath says that
she is the Legal Advertising Representative of the Sentinel Star, a daily newspaper
published at Altamonte Springs, in Seminole County, Florida; that the attached copy of
advertisement, being a Notice of Public Hearing in the matter of_____________
Consider resolution vacating a portion of easement, Plat of Wildwood, etc.,in the __________ court,, Plat of Wildwood. in the Court,
was published in said newspaper in the issues of
February 11, 1978
Affiant further says that the said Sentinel Star is a newspaper published at Alta-
monte Springs, in said Seminole County, Florida, and that the said newspaper has hereto-
fore been continuously published daily in said Seminole County, Florida, and has been
entered as second-class mail matter at the post office in Altamonte Springs, in said Sem-
inole County, Florida, for a period of one year next preceding the first publication of
the attached copy of advertisement; and affiant further says that he has neither paid
nor promised any person, firm or corporation any discount, rebate, permission or refund
for the purpose of securing this advertisement for publication In the said newspaper.
Marie M. Minna
Sworn to and subscribed before me this 13 t h day
of February, A.D. 1978.
Ida Jean Walker
Notary Public
(seal)
CITY OF WINTER SPRINeS
FLORIDA
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN by
the City Council of the City of Winter
Springs, Florida. that said City
CouncIl will hold a public hearing at
7:30 P.M. on Wednesday, March 8,
1978. or as soon thereafter as possi-
ble. to consider a Resolution vacating
a portlon of on easement, more
particularly described as follows:
That portion of a utility easement
as shown on the Plat Of WILD-
WOOD. which would be the Wes-
tern 25 feet of the existing 15 foot
utility easement, which is the
East 15 feet of Lot 20, WILD-
WOOD, a Planned Urban
Development, as recorded in Plat
Book 19, page 6-10 of the Public
Records of Seminole County,
Florida.
a copy of said Resolution shall be
available at the office of the City
Clerk of the City of Winter Springs
Florida, for all persons desiring to
examine the same.
The Public Hearing will be held in
the City Hall, City of Winter Springs,
Florida, at which time interested
parties for an against the above will
be heard.
DATED: February 2, 1978
/s/ Mary Norton
MARY NORTON.
City Clerk
City of Winter
Springs, Florida
LR-51(6S) February 11, 1978