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Home My WebLink AboutOrdinance 525 Easement/Shepard Road ORDINANCE NO. 525 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING AND GRANTING AN EASEMENT FOR THE PERPETUAL USE OF THE PUBLIC AT THE SHEPARD ROAD EXTENSION; CONFLICTS AND SEVERABILITY. WHEREAS, the public's health, safety and welfare requires the relocation of a gas pipeline owned by Florida Public utilities and located within the property designated for extension of Shepard Road. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, AS FOLLOWS: SECTION I The City hereby establishes an easement for the perpetual use of the public at Shepard Road, as described in Exhibit "A" attached hereto and incorporated herein. SECTION II - That all ordinances or resolutions in conflict herewith are hereby repealed to the extent of the conflict. SECTION III - This Ordinance shall take effect upon its passage and adoption. DONE AND ORDERED in Chambers this 10th day of August, 1992. CITY OF WINTER SPRINGS, FLORIDA PHILIP A. KULBES, MAYOR ATTEST: Mary T. Norton CITY CLERK OFFICIAL RECORDS BOOK 2467 PAGE 1748 SEMINOLE CO. FL. MARYANNE MORSE CLERK OF CIRCUIT COURT SEMINOLE COUNTY, FL 315113 RECORDED & VERIFIED 1992 AUG 24 AM 8 48 First Reading June 22, 1992 posted July 7, 1992 Public Hearing and Second Reading July 27, 1992 Continued to August 10, 1992 THIS INSTRUMENT WAS PREPARED BY: FRANK KRUPPENBACHER, CITY ATTORNEY HONIGMAN, MILLER, SCHWARZ & COHN 390 N. ORANGE AVE., SUITE 1300 ORLANDO, FL 32801 R City of Winter Springs ORDINANCE NO. 525 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING AND GRANTING AN EASEMENT FOR THE PERPETUAL USE OF THE PUBLIC AT THE SHEPARD ROAD EXTENSION; CONFLICTS AND SEVERABILITY. WHEREAS, the public's health, safety and welfare requires the relocation of a gas pipeline owned by Florida Public utilities and located within the property designated for extension of Shepard Road. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, AS FOLLOWS: SECTION I The city hereby establishes an easement for the perpetual use of the public at Shepard Road, as described in Exhibit "A" attached hereto and incorporated herein. SECTION II - That all ordinances or resolutions in conflict herewith are hereby repealed to the extent of the conflict. SECTION III - This Ordinance shall take effect upon its passage and adoption. DONE AND ORDERED in Chambers this 10th day of August, 1992. CITY OF WINTER SPRINGS, FLORIDA PHILIP A. KULBES, MAYOR ATTEST: Mary T. Norton CITY CLERK OFFICIAL RECORDS BOOK 2467 PAGE 1748 SEMINOLE CO. FL. MARYANNE MORSE CLERK OF CIRCUIT COURT SEMINOLE COUNTY, FL. 315113 RECORDED & VERIFIED 1992 AUG 24 AM 8:48 SEMINOLE CO. FL. R City of Winter Sprgs. THIS INSTRUMENT WAS PREPARED BY: FRANK KRUPPENBACHER, CITY ATTORNEY HONIGMAN, MILLER, SCHWARZ & COHN 390 N. ORANGE AVE., SUITE 1300 ORLANDO, FL 32801 OFFICIAL RECORDS BOOK 2467 PAGE 1749 SEMINOLE CO. FL LEGIBILITY UNSATISFACTORY FOR MICROFILMING PLAT OF SURVEY LAW OFFICES HONIGMAN MILLER SCHWARTZ AND COHN A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS FRANK KRUPPENBACHER, P.A. 390 NORTH ORANGE AVENUE SUITE 1300 ORLANDO. FLORIDA 32801-1677 DIRECT DIAL NUMBER (407) 649-7405 TELEPHONE (407) 648-0300 TELECOPIER (407) 648.1155 MEMORANDUM WEST PALM BEACH. FLORIDA TAMPA. FLORIDA DETROIT. MICHIGAN LANSING. MICHIGAN HOUSTON. TEXAS LOS ANGELES, CALIFORNIA TO; Mary Norton FROM: Frank Kruppenbacher RE: Ordinance No. 525 DATE:May 21, 1993 Per your memo of May 18, 1993, I would treat the 953.45 vs. 957.45 as a clerical error and just revise Exhibit "A" accordingly. This will save the City a lot of money. Should you have any questions, please call me. cc: John Govoruhk 03037d CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 May 18, 1993 MEMORANDUM To: Attorney Frank Kruppenbacher From: Mary Norton Re: Ord. No. 525 It has been brought to my attention that there is an error in the Exhibit "A" of Ord. No. 525. On Exhibit A that was adopted with Ord. No. 525, the figure for the elL Overhead Power Line was 957.45. That figure needs to be corrected to read 953.45. Do we have to pass an amended ordinance, or is there some other way to correct that figure? Please let me know as soon as possible. 5/21/93 Attorney Kruppenbacher said to treat it as a cle error & just make the change. July 22, 1992 TO: City Manager FROM: Land Development Coordinator RE: Agenda Item III D, July 27, 1992 Ordinance 525 Upon reading Ordinance 525, I became confused as to the actual intent the City is pursuing. The primary reason for this ordinance is to dedicate that property for the future extension of Shepard Road. Secondary to that is to allow Florida Public Utilities an easement to relocate the gas pipeline which goes through our property and that property to the south. This dedication is premature, but the property to the south cannot be developed until the pipeline is relocated and Florida Public Utilities will not relocate until an easement is recorded. This ordinance may do all that it is intended, but I bring it to your attention for review. ffg JUL-06-'92 MON 16:10 ID:HMSC/ORLANDO Facsimile Transmittal Cover Sheet From Nanette Bernadou LAW OFFICES HONIGMAN MILLER SCHWARTZ AND COHN 390 NORTH ORANGE AVENUE SUITE 1300 ORLANDO, FLORIDA 32801 TELEPHONE (407) 648..0300 FAX MACHINE (407) 648-1155 to Mary Norton Company Winter Springs 2 pages IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL FAX OPERATOR AS SOON AS POSSIBLE AT (407) 648-0300 FOR GENERAL INFORMATION CALL (407) 648.0300 TO TRANSMIT TO US CALL (407) 648.1155. YOUR CALL WILL BE ANSWERED BY AUTOMATIC MACHINE. transmitted by Julie JUL-05-'92 MON 15:10 ID:HMSC:ORLANDO TEI",...NO: FAX 407-548-1155 **827 P02 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING AND GRANTING AN EASEMENT FOR THE PERPETUAL USE 0F THE PUBLIC FOR THE PURPOSES PERMITTING THE DECLARATION OF THE GAS PIPELINE AT TIlE SHEPARD ROAD EXTENSION; CONFLICTS ABD SEVERABILITY. WHEREAS, the public's health, safety and welfare requires the relocation of a gas pipeline owned by Florida Public utilities and located within the property designated for extension of Shepard Road. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, AS FOLLOWS: 1. The City hereby grants to Florida Public Utilities an easement for the perpetual use of the public and for the relocation of the qae pipeline at Shepard Road as described in Exhibit "A" attached hereto and incorporated herein. 2. That all Ordinances or Resolutions in conflict herewith are hereby repealed to the extent of the conflict. 3. The Ordinance shall take effect upon its passage. DONE AND ORDERED in Chambers this ____ day of 1992. Philip Kulbes Mayor City of Winter Springs, Florida 01925d Regular Meeting, City Commission, June 22, 1992 Page 3 91-92-18 Vote on the motion as amended: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, no; Commissioner Kaehler, aye; motion carried. Mayor Kulbes called a recess at 9:10 p. m. and called the meeting back to order at 9:20 p. m. Motion was made by Commissioner Kaehler to approve putting the first reading of Ord. No. 525, an Ordinance of the City of Winter Springs, Florida, authorizing the granting of an easement for the perpetual use of the public for the construction and extension of Shepard Road and the gas pipe line of Florida Public Utilities to be installed adjacent to that road; conflicts, severability and effective date, on the agenda. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. Attorney Kruppenbacher read Ord. No. 525 by title only on first reading. Motion was made by Commissioner Kaehler to approve Ord. No. 525 as read by title only on first reading. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Attorney Kruppenbacher spoke about the multiple conflicting opinions from the Attorney General regarding assessments. Attorney Kruppenbacher said with the Commission's approval he is going to ask the Attorney General again can the City do these certain specific assessments. City Manager Richard Rozansky: Central Winds Park-Update: Manager Rozansky reported he has three issues on Central Winds Park. He said the first issue the Commission was given a memo today. There was a meeting today with Webb & Company, and they will get back with their recommendations on Friday. On Wagner's Curve entryway Don LeBlanc explained he called Florida Power and they are waiting for the poles to be secured. A DOT project has preempted this project, they should be finished by July 3rd and then at that time Martin Paving can come back and start work. Winter Springs Water & Sewer Billing Cycle (West) and Delinquent Notices: Manager Rozansky said he provided the Commission with a memo dated June lath. Utilities Director Kip Lockcuff explained the west system operates on a two billing cycle per month and he would like to change that to one per month. The residents north of SR 434 would get a bill and then 15 days later get another bill to get them on the cycle with the residents south of SR 434. A letter will be sent to the residents advising them of this change. Commission was in agreement to change the billing cycle to once a month. In reference to delinquent notices, Manager Rozansky explained that when a bill is sent out and if payment is not received, it will be incorporated with next month's bill; after a specified time if the bill is not paid the water would be turned off. The Orlando Sentinel Published Daily $41 89 ~tate of jflortba } 5.5. COUNTY OF ORANGE NOEMI R. LUCERO Before the undersigned authority personally appeared , who on oath say's that he/she is the Legal AdvertisinjJ Rellresentative of The Orlando Sentinel, a dally Qe~sl2.a'per published at CA5SELHERRY in ~t::HINOLE County, FIQrida; that the attached cQP'y of advertisement...lleing a NOT ICE OF PUBLIc H in the matter of OKJJ I N ANC E # 5 c 5 in the SEH INOLE was published in said newspaper in the issue; of 071 .l.c/"'t2 Court, Affiant furt!1er says that the said Orlando Sentinel is a newspaper published at CASSELBERRY , in said SeMINOLE County, Florida, and that the sJ1,id newspaper has heretofore been continuously published in said SEMINDLE County, Florida, each We~k DaY.ilnd has Q.fJen entered as second-class mail matter at the post offlc.e in CAS::>>eLBERRl' in said :>>t:MINOLE 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/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purp, se of securing this ad~rtisement fo,:--- publication in the said newspaper. ... It.. ~ 13th day of (SEAL) Juanita Ro~ado Notary Public, State of Florida My ('OT''''; '.iT. exnires June 18, ]99' COHuuis8wn it CUJ':2Y02 -'--."'~~---"...,._-~~~,.." NOTICE OF PUBUC 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. 525 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AU- THORIZING AND GRANTING AN EASEMENT FOR THE PERPETUAL USE OF THE PUBLIC FOR THE PURPOSES PERMITTING THE DECLARATION OF THE GAS PIPE- LINE AT THE SHEPARD ROAD EX- TENSION; CONFUCTS AND SEVERABILITY. This Public Hearing will b\l held at .7:30 p.m. on JULY 27,1992, 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 with respect to this proposed ordinance. Persons are advised that if they decide to appeal dny 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 ra- corq. of the proceedings is medewhich record includes the testimony and evi- dence upon which the appeal is to be based per Section 286.0105 Florida Statutes. Dated thiM~~~a~?M~~'~~FNGS, FLORIDA /s/ Mary T. Norton Mary T. Norton City Clerk SLS7764019 July12,1992