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Home My WebLink AboutOrdinance 452 Vacating Alley ORDINANCE NO. 452 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, VACATING AND ABANDONING A PORTION OF A 30 FOOT ALLEY LYING SOUTH AND EAST OF TRACT "A" RE-SUBDIVISION OF BLOCK 5 AND TRACT "A" OF NORTH ORLANDO SECOND ADDITION, AS RECORDED IN PLAT BOOK 13, PAGE 76, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City Commission for the City of Winter Springs, Florida, has determined it in the best interest of its citizens to vacate and abandon a portion of the alley described herein; NOW THEREFORE, be it ordained by the City Commission of the City of Winter Springs, Florida as follows: 1. The City hereby vacates and abandons the following described real property: BEGIN AT THE SOUTHEAST CORNER OF SAID TRACT "A"; THENCE RUN NORTH 90 00'00" WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID ALLEY, A DISTANCE OF 197.13 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY; THENCE RUN NORTHERLY, ALONG SAID CURVE HAVING A RADIUS LENGTH OF 40.00 FEET, A CENTRAL ANGLE OF 90 00'00", AN ARC LENGTH OF 62.83 FEET, A CHORD LENGTH OF 56.57 FEET AND A CHORD BEARING OF NORTH 45 00'00" WEST; THENCE RUN NORTH 00 00'00" EAST, ALONG THE EAST RIGHT-OF-WAY LINE OF SAID ALLEY, A DISTANCE OF 540.00 FEET; THENCE RUN NORTH 90 00'00" WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID ALLEY, A DISTANCE OF 140.99 FEET; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE, RUN SOUTH 00 00'00" WEST, A DISTANCE OF 30 FEET TO THE SOUTH RIGHT- OF-WAY LINE OF SAID ALLEY; THENCE RUN SOUTH 90 00'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 71.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHERLY ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 40.00 FEET, A CENTRAL ANGLE OF 90 00'00", AN ARC LENGTH OF 62.83 FEET, A CHORD LENGTH OF 56.57 FEET AND A CHORD BEARING OF SOUTH 45 00'00" EAST; THENCE RUN SOUTH 00 00'00" WEST, ALONG THE WEST RIGHT-OF-WAY OF SAID ALLEY, A DISTANCE OF 540.00 FEET; THENCE RUN SOUTH 90 00'00" EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID ALLEY, A DISTANCE OF 267.12 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SOUTH MOSS ROAD HAVING AN 80.00 FOOT RIGHT-OF-WAY); THENCE RUN NORTH 00 00'00" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND LIES IN SEMINOLE COUNTY, FLORIDA AND CON- TAINS 0.6755 ACRES, MORE OR LESS. 2. That any portion of any City Ordinance in conflict herewith shall hereby be repealed. 3. This Ordinance shall be effective upon its passage. DONE AND ORDERED this..,? 7~ day of Rt~ , 1989, in Chambers ......... (.I) Q 2CJl % CX) o r- ffl (") ? "'I' = r CO 0") ~ . .... ~: ;i. ..1"'" at Winter Springs, Florida. c~:'t .... ,..,: ~ co:;;: ~', _------..--.~-,-..--o-.,.-..-..~---"."'-'~. ._.,~,-_._",--~--_._._._".~._._,-""."..,,,,,.,,".,-_.~,,.,._,- ----,----~-~..'- --.. - .--~--,,---,._.~-'"".._- " ~p::: p:::~ "H :r:: ~G~ L) :r:: t:Q ..[) c..:>c..:>Z ~ <11~~ t:Q ~ Z ,,~ -j ~~~ (:) ~:3::<:: "\ :::> 0 N....J P::: A 0 ::<::Z~ ~ ::<::0 t'--M ~U)c.:>\.O Zzoo :r:: <I1N H . :~~8r:~ ~ "At:QO.J ~~~.~ CJ o ~:r:: 0 <11 ... ~ ~ ~ . 0E2(Q)\ <11~~~ ~ .. >< t:Q A ~ ~ ~ ~ P::: ~ U) ~ E-l Z ~ E-l U) Z H U) H :r:: E-l ',1 fi; tM~ /. ~~ Attest: ity Clerk )~ ~/'m. City of Winter Spring's'~';'Fl(Yl',ida r" c 4rJ., . ( <\~.~ ........ ....1~11 First Reading February 13, 1989 March 27, Posted 2/16/89 Second Reading and Public Hearing ." .' """:; :. C;~',_ . ::: :: '\ ~ (.-, "". , (~ o ~,.. 0. L): -- 0::< r<: 0): :;. .' 0 : c:::, 19:89. I I ..., ." '-' ,.. . ,.. 'v // ". ..' ~ .) ............ "" ~ S't.~ "= : . ~ t/) "" I (:) r &"11 (") P ........ Q - C\C't Je."> ,-"I joIIIi(l., :t~:: i~,~ ~" ~- ,(~ ., "U', ,...~ C) rn - .." en r (:lI) ....... CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 February 28, 1989 Mr. Joseph Hage and Asam Hage c/o John A. Baldwin, Esquire Baldwin & Baum 7100 South U.S. Highway 17-92 Fern Park, FL 32730 Dear Joseph and Asam Hage: Please be advised that the public hearing for Ordinance No. 452, an Ordinance of the of Winter Springs vacating and abandoning a porti.on of a 30 foot alley lying south and east of Tract "A" re-subdivision of Block 5 and Tract "A" of North Orlando Second Addition, as recorded in Plat Book 13, Pag~ 76 of the Publi.c Records of Seminole County, Florida, more particularly described as follows, etc. is scheduled for public hearing on Monday, March 27, 1989 at 7:30 p. m. in the Comndssion Chamber. City Hall, 1126 East S.R. 434, Winter Springs, F1roida 32708. Copies of the proposed ordinance are available in the office of the City Clerk for inspection. Interested parties may appear at this hearing nnd be heard with respect to this proposed ordinance. If there is any further information you may need, please contact this office. Yours very truiy. CITY OF WINTER SPRINGS ~1.~ Mary T. Norton, City Clerk CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 February 28, 1989 Mr. Carl Cahill c/o John A. Baldwin, Esquire Baldwin & Baum ' 7100 South U.S. Highway 17-92 Fern Park, FL 32730 Dear Mr. Cahill: Please be advised that the public hearing for Ordinance No. 452, an Ordinance of the of Winter Springs vacating and abandoning a portion of a 30 foot alley lying south and east of Tract "A" re-subdivision of Block 5 and Tract "A" of North Orlando Second Addition, as recorded in Plat Book 13, Page 76 of the Public Records of Seminole County, Florida, more particularly described as follows, etc. is scheduled for public hearing on Monday, March 27, 1989 at 7: 30 p. m. in the Conunissiotl Chamber, City Hall, 1126 East S.R. 434, Winter Springs, Flroida 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 with respect to this proposed ordinance. If there is any further information you may need, please contact this office. Yours very truly, CITY OF WINTER SPRINGS ~/.~ Mary T. Norton, City Clerk CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 February 28, 1989 434 Group, Inc. c/o Robert S. Hoofman, Esq. DeWolf, Ward & Morris, P.A. Suite 1475 200 East Robinson Street Orlando, FL 32801- Dear Sirs:. Please be advised that the public hearing for Ordinance No. 452, an Ordinance of the of Winter Springs vacating and abandoning a portion of a 30 foot alley lying south and east of Tract "A" re-subdivision of Block 5 and Tract "A" of North Orlando Second Addition, as recorded in Plat Book 13, Page 76 of the Public Records of Seminole County, Florida, more particularly described as follows, etc. is scheduled for public hearing on Monday, March 27, 1989 at 7:30 p. m. in the Commission Chamber, City Hall, 1126 East S.R. 434, Winter Springs, Flroida 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 with respect to this proposed ordinance. If there is any further information you may need, please contact this office. Yours very truly, CITY OF WINTER SPRINGS ~7'~ Mary T. Norton, City Clerk CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 February 28, 1989 Florida Conference Assn. of Seventh Day Adventists (Winter Springs Church) c/o Pastor Marvin Williams 50 S. Moss Road Winter Springs, FL 32708 Dear Pastor Williams: Please be advised that the public hearing for Ordinance No. 452, an Ordinance of the of Winter Springs vacating and abandoning a portion of a 30 foot alley lying south and east of Tract lIA" re-subdivision of Block 5 and Tract "A" of North Orlando Second Addition, as recorded in Plat Book 13, Page 76 of the Public Records of Seminole County, Florida, more particularly described as follows, etc. is scheduled for public hearing on Monday, March 27, 1989 at 7:30 p. m. in the Conullission Chamber, City Hall, 1126 East S.R. 434, Winter Springs, Flroida 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 with respect to this proposed ordinance. If there is any further information you may need, please contact this office. Yours very truly, CITY OF WINTER SPRINGS ~T~ Mary T. Norton, City Clerk CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 February 28, 1989 Attorney Thomas F. Diorio Smith, MacKinnon, Mathews, Harris & Christiansen Post Office Box 2254 Suite 850 Firstate Tower Orlando, FL 32802-2254 Dear Attorney Diorio: Please be advised that the public hearing for Ordinance No. 452, an Ordinance of the of Winter Springs vacating and abandoning a portion of a 30 foot alley lying south and east of Tract "A" re-subdivision of Block 5 and Tract "A" of North Orlando Second Addition, as recorded in Plat Book 13, Page 76 of the Public Records of Seminole County, Florida, more particularly described as follows, etc. is scheduled for public hearing on Monday, March 27, 1989 at 7:30 p. m. in the Cou~ission Chamber, City Hall, 1126 East S.R. 434, Winter Springs, Flroida 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 with respect to this proposed ordinance. If there is any further information you may need, please contact this office. Yours very truly, CITY OF WINTER SPRINGS ~T~ Mary T. Norton, City Clerk .,..----::--> PETITION TO VACATE AND ABANDON RIGHT-OF-WAY (ALLEYWAY) TO: City of Winter Springs 1126 East State Road 434 Winter Springs FL 32708 Attention: Don LeBlanc Land Development Coordinator 1. APPLICANTS: 434 Group, Inc. c/o Robert S. Hoofman, Esq. DeWolf, Ward & Morris, P.A. Suite 1475 200 East Robinson Street Orlando FL 32801 Phone: ( 4 07) 841-7000 Carl Cahill c/o John A. Baldwin, Esq. Baldwin & Baum 7100 S. U.S. Highway 17-92 Fern Park FL 32730 Phone: (407) 834-1424 Joseph Hage and Asma Hage c/o John A. Baldwin, Esq. Baldwin & Baum 7100 S. U.S. Highway 17-92 Fern Bark FL 32730 Phone: (407) 834-1424 Florida Conference Association of Seventh Day Adventists (Winter Springs Church) c/o Pastor Marvin Williams 50 S. Moss Road Winter Springs FL 32708 Phone: (407) 695-6745 2. LEGAL DESCRIPTION OF ITEMS TO BE VACATED: As shown on survey, copy attached as Exhibit "1", Portion of alley as shown on Resubdi vision of Block 5 and Tract 'A' of N. Orlando 2nd. Addition, filed October 16, 1960 and recorded at Plat Book 13, Page 76, of the Public Records of Seminole County, Florida, copy attached as Exhibit "2". 3. SPECIFIC REASON FOR REQUEST: To clear title. The Resubdivision of Block 5 and Tract 'A' of North Orlando 2nd Addition, Plat Book 13, Page 76, showing an alleyway in 1960 was replatted by Florida Land in 1971 to elimi- nate the alleyway, and reconfigure the lots. A copy of the Second Replat of Block 5 and Tract 'A' of North Orlando 2nd Addition, filed and recorded November 17, 1971, at Plat Book 16, Page 78, of the Public Records of Seminole County, Florida, is attached as Exhibit "3". A dispute arose in 1987 where the Hages claimed rights in the alleyway, and that it was never properly vacated. 434 Group, Inc. disputed the claim on the grounds that the 1971 replat was a proper vacation, the alley never existed except on paper, and therefore there were no public or private rights in the alley. The parties settled the dispute, a copy of the settlement is attached hereto as Exhibit" 4", which allows the Hages use of a portion of 434 Group's property. -------., SMITH, MACKINNON, MATHEWS, HARRIS & CHRISTIANSEN PROFESSIONAL ASSOCI.A.TION ATTORNEYS AT LAW W. KELLY SMITH ALEXANDER C. MACKINNON LAWRENCE G. MATHEWS,JR. CHARLES EDISON HARRIS PATRICK T. CHRISTIANSEN MARSHALL S. HARRIS DOUGLAS BOWDOIN MAURA T. SMITH JOHN P. GREELEY TED B. EDWARDS LILBURN R. RAILEY.. III GERALD H. HANSEN SUSANN D. HARDING THOMAS F. DIORIO ROBERT L. HARDING JOHN H. DYER, JR. MARY M. WILLS POST OFFICE BOX 2254 SUITE BsO FIRsTATE TOWER ORLANDO, FLORIDA 32802-2264 TELEPHONE (407) 843-7300 TELECOPIER (407) 843 -2448 1666 CONNECTICUT AVE.,N. W. WASHINGTON, D. C. 20009-1004 TELEPHONE (202\ 387-3900 TELECOPI ER 1202) 387 -8421 January 30, 1989 Mr. Donald LeBlanc Land Development Coordinator City of Winter Springs 1126 E. State Road 434 Winter Springs, FL 32708 Re: Petition to Vacate and Abandon Right-of-Way (Alleyway)/ 434 Group, Inc. Dear Don: Enclosed please find the Consent to Petition to Vacate and Abandon Right-of-Way (Alleyway) executed by Partners Preferred Yield, Ltd. , a California Limi ted Partnership. Partners Preferred Yield, Ltd. is the contract purchaser of the property owned by 434 Group, Inc. Our closing is scheduled for tomorrow, Tuesday, January 31, 1989. We are submitting the Consent to Petition to Vacate and Abandon Right-of-Way (Alleyway) so that Partners Preferred Yield, Ltd., will have consented, as they will be the property owners as of some time tomorrow if our closing goes as scheduled. Should you have any questions, please do not hesitate to contact me. v~;~ Thomas F. Diorio TFD/dc Enclosure cc: Mark P. Ossinsky, Esquire (w/enc.) Frank C. Kruppenbacher, Esquire (w/enc.) Michael J. Appleton, Esquire (w/enc.) Mr. Clayton D. Locklin (w/enc.) Mr. Milton Meckler (w/enc.) Karen Hess, Esquire (w/enc.) l'.p". <.J~i rC ~ U".P./l ~~JmD'" ,.'~ l;~' IE) ~ ".f {-2 ('~ ,.::::) , ; . .' \,j fEB 0 1 1989 Cuy OF. WJNTER SPRINGS Wtd Development CoordinZl~''"1f' . ""''',J The Or.Undo Sentinel Publiahed Daily Altamonte Spring., Seminole County, Florida $39.48 ADVERTISING CHARGE ~httr of 1floriha} SS. COUNTY OF ORANGE Sworn to and subscribed before me this 7 th day \ NOTICE OF PU8UC ~ CITY OF WINTER SPRINGS, ~ NOTICE IS HERE~ GIVEN by the City' , CommisSion of the City 01 Winter SorinaB. Florida, that uid ComillIesion wlII hOld a Public Hearing on en ordi- rwice enlilted asloloWll: . ORDINANCE NO. 452 ' AN ORDINANCE OF THE CI1Y OF WINTER SPRINGS. FLORIDA, VA- " CATING AND ABANDONING A PORTION OF A 3!l FOOT ALLEY LYING SOUTti AND EAST OF TRACT "A" RE-SUBDIVISION OF =~~~~~~F- "" TION. AS RECORDED IN PLAT BOOK 13, PAGE 76. OF THE PUB- LIC RECORDS OF SEMINOLE COUNTY. FLORIDA. MORE PAR- T1CUlARL Y DESCRIBED AS FOL- LOWS: PROVIDING FOR' CON- FLICTS. SEVERABIUTV AND EF- FECTIVE DATE. This Public Hearing wiD be held a! 7:30 p.m. on MlIrch 27. 1989. or as soon iIMlrelIfter as possible in \he C0mmis- sion Chamber. City Hall. 1126 East S. Fl. 434, Winter Springs, FI. 32708. Copies 01 \he DrilDosed ordinance are available in lhIi ofIice 01 the City Clerk lor Inspection. Interested partie$ may. a! this hearing end be heard :- respect.to this proj)oslld ordinance. Parsons are acMsed that W\hey decide to appeal any dacision made a! this meeting. \hey wit IllMId a record 01 \he proceedIng8 and lor such purpose. \hey may IllMIdto ___e that a -'latim re- cord 01 \he proceedings is made whid"l record includes the IelIlimOnY and evl- dence upon whidl \he ~ is to 001" based per Section 286.0105 Florida Statules. Dated this 20lII day 01 ,,~. 1989. . CI1Y OF W\N'fER SPRINGS. FLQRIOA Js/tMIv T. NoI1on MalyT. Norton City Clerk l.S-634(6s) Mar:5.1989 Before the undersigned authority personally appeared Sylvia Hazy . who on oath says that she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper 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. 452 in the Court, was published in said newspaper in the issues of March 5, 1989 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 discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ~~~ of March A.D., 19 89 ~~ ~ ~.~ te of Florida at Large Notary Public My Commission Expires February 9. 1993 Bonded thru Brown & Brown, Inc. FORM NO. AD-264