The URL can be used to link to this page

Home My WebLink AboutOrdinance 495 Easement/Tuskawilla ORDINANCE NUMBER 495 HAD A 2ND READING BEFORE THE CITY COMMISSION, ON AUGUST 27, 1990 BUT WAS NOT APPROVED THIS ORDINANCE NUMBER 495 WAS AMENDED AND APPROVED ON JUNE 24,1991 AMENDED ORDINANCE NO. 495 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, PROVIDING FOR A LIMITED VACATING AND ABANDONING THE WEST FIVE (5) FEET OF A TEN (10) FOOT UTILITY/DRAINAGE RETENTION EASEMENT LOCATED ON LOT 88, TUSCAWILLA UNIT 9, AS RECORDED IN PLAT BOOK 24, PAGES 72 AND 73, 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 utility/drainage retention easement described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION I: The City hereby vacates and abandons the following described real property subject to the applicant agreeing to remove any and all structures and/or property within the easement in the event the City determines it needs access to said easement for public utilities: THE WEST FIVE (5) FEET OF A TEN (10) FOOT UTILITY/DRAINAGE RETENTION EASEMENT LOCATED ON LOT 88, TUSCAWILLA UNIT 9, AS RECORDED IN PLAT BOOK 24, PAGES 72 AND 73, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. THE ABOVE DESCRIBED PARCEL OF LAND LIES IN SEMINOLE COUNTY, FLORIDA. SECTION II: That any portion of any City Ordinance in conflict herewith shall hereby be repealed. SECTION III: That if any section or portion of a section or subsection of this Ordinance proves to be invalid, unlawful, unconstitutional, it shall not be held to invalidate or impair the validity, force, effect of any other section or portion of a section or subsection or part of this Ordinance. SECTION IV: This Ordinance shall be effective upon its passage. Done and Ordered this 24th day of June, 1991, in Winter Springs, Florida. CITY OF WINTER SPRINGS, FLORIDA LEANNE M. GROVE, MAYOR ATTEST: Mary T. Norton CITY CLERK THIS INSTRUMENT WAS PREPARED BY: DAVID L. LEBLANC LAND DEVELOPMENT COORDINATOR CITY OF WINTER SPRINGS 1126 EAST S.R. 434 WINTER SPRINGS, FL 32708 Return to : CITY OF WINTER SPRINGS 1126 EAST S.R. 434 WINTER SPRINGS, FL 32708 OFFICIAL RECORDS BOOK 2319 PAGE 0930 SEMINOLE CO. FL. MARYANNE MORSE CLERK OF CIRCUIT COURT SEMINOLE CO. FL. 176839 RECORDED & VERIFIED 1990 JUL 26 AM 9:58 R City of Winter Spgs. First Reading July 23, 1990 Second Reading and Public Hearing August 27, 1990 Posted July 25, 1990 Amended June 24, 1991. . ORDINANCE NO. 495 NOT ADOPTED AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA VACATING AND ABANDONING THE WEST FIVE ( 5 ) FEET OF A TEN (10) FOOT UTILITY/DRAINAGE RETENTION EASEMENT LOCATED ON LOT 88, TUSCAWILLA UNIT 9, AS RECORDED IN PLAT BOOK 24, PAGES 72 AND 73, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, MJRE PARTICULARLY DESCRIBED AS FOI.LCMS; 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 utility/drainage retention easement described herein; NCW THEREFORE, be it ordained by the City Conunission of the City of Winter Springs, Florida as follows: 1 . The City hereby vacates and abandons the following described real property: THE WEST FIVE (5) FEET OF A TEN(10) FOOT UTILITY/DRAINAGE RETENTION EASEMENT LOCATED ON LOT 88, TUSCAWILLA UNIT 9, AS RECORDED IN PLAT BOOK 24, PAGES 72 AND 73, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. THE ABOVE DESCRIBED PARCEL OF LAND LIES IN SEMINOLE COUNTY , FLORIDA. 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 27th DAY OF August, 1990, IN Chambers at Winter Springs, Florida. MAYOR CITY OF WINTER SPRINGS, FLORIDA Attest: City Clerk First Reading July 23, 1990 Second Reading and Public Hearing August 27, 1990 Posted July 25, 1990 THIS INSTRUMENT WAS PREPARED BY: DAVID L. LEBLANC CITY OF WINTER SPRINGS 1126 EAST S.R. 434 WINTER SPRINGS, FL 32708 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 FAX LETTER: DATE 7/15/91 TO: Attorney Frank Kruooenbacher FAX NO.: 648-1155 FROM: Mary Norton, City Clerk NUMBER OF PAGES (INCLUDING COVER SHEET): 2 REGARDING: Amended Ord. No. 495 COMMENTS: Please review and advise if I can have the Mayor sign it. and then record it. PLEASE NOTIFY US IMMEDIATELY IF NOT RECEIVED PROPERLY: (407) 327-1800 TRANSMITTING FROM: dex450 I n?1. ~~: ~CL ~ ~~" ~~ r.;1~/.t~~ .. . ~4~ t!).I<.~~~ The Odando Sentinel Publiahed Daily A1tamonte Springs, Seminole County, Florida ADVERTISING CHARGE $42.25 ~tate of1floriha} S5. COUNTY OF ORANGE in the Court, Before the undersigned authority personally appeared Virginia E. Skurow , who on oath says that she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- vertisement, being a public hearinq in the matter of ordinance no. 495 Mfiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin- uously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one year next preceding the first publication of the attached copy of ad- vertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ~- -"\'HI 115H .. ... 0Hlf8, lM. . 1tlfpuB-~ Lie l!COADS OF SEMINOI,E COUNTY. FI:.~~!!..OfIE PAR- ! T1CUI.AFlLY ~""'U /IS FOL- , LOWS: PAOVIDING FOA CON- , FUCTS. SE\lERABIUTY AND EF- FECTIVE DATE. ThI& PIlbIIc I-1ewlnIl will be held at 7:30 p.m. OIl~,~. 1:1, 1l1l1O, or as ,. -- ...~ . ~ In the =~:'lp:-O.~1~ = ~-_.~ <<dlnInc>> 8l1l avilIIbktJn . . .oItheClly Clerk forl~ ~':::",~be"~~j eppear II,"", .. . ..... ._u WIItl reiIplIct to \hl8 ~ ordIlWlC8. ...~ It:::C= U-:Vwlll ... . IlIOord Clf the IInd for 8UCh JlUIllCl8e.. they iIIllY to ........ _ 8 \IlirbeIIm .. cor6. ~1QII18 made which . .-li'IcIui:lee .... \liIllI'nony and evI- "-"-'.. . which the aDIl88l 18 to be i)8ii;i;:' Section 288.0105 Florida SIal\M8' Datadlhl8cW1;g,,-,1990. SPRINGS. FI.OFIIDA '~~ CIty Clerk L$-oW6(ee) Aug.5.1990 was published in said newspaper in the issues of Auqust 5, 1990 ~;~ Z:~ Sworn to and subscribed before me this 6th day of ~~'~ N Notary Public otary Public State or Rorlda at Large My CommissIon Expires: June 18, 1994 FORM NO. AD-264 ~~ ~ ,- ( .,,' L (j::. ~..,. Pl~ MI4"~Llc&>1+VI LOWNDES. DROSDICK. DOSTER. KANTOR & REED--- - '~rry. , 10 PROf'ESSIONAL ASSOCIATION EANEST A. DAOSDICk 11.3e -I...) ATTORNEYS AT LAW JUL.IAN 1:. WMITI:MU.UIT ,JON C. VEAOL,Eflt TIERRY C. YOUNG UNDA HOLl.AND ALl.EN MICHAEL R. ."SCOM WILLIAM A. 81RD. .,IR. MATTHEW 0. B"ENNE" W. SCOTT CALLAHAN CHARLES C- CAAR'NOTON W. TEARY COSTOLO JANET ... COUATNE'I' CHtlI'STOPHER c. eUIJltAY WIl.LIAM T. DYMOND.. ...... BA""Y L. 00"" STEPHANIE EDWARDS HUMBERT .JA....ES Q. KATTELMANN ,JOSE"'" G KERN LfNDA C. MeALLlST!:" DANIE1.. ". McINTOSH .... GREGORY McNEILL M. OIAN..1: MISIAK DONALD A. MYERS, JR. T. TODD PITTENOEIlt KENNETH D. RUTAN GARY R. SOLES DAVID O. WILL'P'ORD MOAlty flAtSKIN 0" COUNSEL ..JAMES BALLETT" WILL'AM A. .ECKETT ~~i~L:- :~:'~E~.Ctcc.6 21. NORTH EOLA CAlVE W'LLlAM E. oaSTER :rl:~:: f ;:~:::ANJ' '1\ rE~' ~ " POST Of'P"CE BOX 2808 THOMAS E. ""ANe.s ~ ill'? ri:::l JULIA L. ""C'I' . 1'I.'~rANDO' FLORIDA 32802-2809 ~~~~N"~.E~O~~V'T~ ! ."~.1 AOBEAT ... HIGGINS '..;' . TELEPHONE (407) 843-4800 ~~:~N.... "'K~t'~~ASON ... HAL'" KANTOA OCT TELECOPIEA (407) 423-_8S JOSEPH A. LAN<< 1 J!8J A. kl".AAk LEE JOHN P'. LOWNDES TIMOTHV .J. MANOA ~~~~:~E~~: h~ September 25, 1990 S"AWN 0. RADER .... of 1U1NTi'r-. JOHN A. ACEo, J". If, l.n SPRING" "'CHAEL A'I'AN ~ ," MAAGARET Of. SCMAEI.E.. _.,. IlANA'" ., ~~~Ts?~ sJPo\.~::g~: ' wEll SCOTT e. THOMPSON Mr. Richard Rozansky City Manager City of Winter Springs 1126 State Road 434 Winter Springs, Florida 32707 ,- Mr. Vernon Pi tt, Partial Lot 88, Tuscawil1a Unit Book 24, Pages 72 and Seminole County, Florida Dear Mr. Rozansky: Re: Vacation of Easement on 9 as recorded in Plat 73, Public Records of On behalf of my client, Vernon Pi tt, I am wr i ting to request a rehearing in order to allow the City Commission of the City of Winter Springs to reconsider Mr. Pitt's application for the vacation of the west five feet of the ten foot utility easement located in the rear of Mr. Pitt's yard. It is my understanding that on July 23, 1990, after public discussion, the First Reading of Ordinance 495 (which is the subject of this vacation of Ilf/ n I ,~U il. easement request) was approved by the City Commission. However, on August 27, 1990, at the Second Reading, although a motion was made to approve the vacation, it was denied for lack of a second to the motion. Since that time, my client has obtained from the Ci ty of winter Springs a copy of a Memorandum dated August 28, 1990 from Commissioner William Jacobs to the City Attorney indicating that, in light of the commission's denial of Mr. Pitt's request, the City may have some liability based on past approvals of similar requests. He has also obtained copies of other Ordinances dated between 1985 and 1990 that were approved for the vacation of easements similar to Mr. Pi tt' s request. Some of those which were approved recently are cited below: " -