HomeMy WebLinkAboutOrdinance 2001-35 Right of Way
ORDINANCE NO. 2001-35
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
FLORIDA, VACATING, ABANDONING AND CLOSING
THAT UNNAMED RIGHT-OF-WAY LYING ON THE WEST
SIDE OF TUSKA WILLA ROAD, SOUTH OF STATE ROAD
434 AND CONTIGUOUS TO THE CURRENT TOWN
CENTER DISTRICT, AS RECORDED IN PLAT BOOK 1,
PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, PROVIDING FOR CONFLICTS, SEVERABILITY
AND EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida fmds that the
City has no public use of the aforementioned unnamed right of way; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this ordinance to be in the best interests ofthe public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. The City hereby vacates, abandons and closes the following-described property:
THAT UNNAMED RIGHT-OF - WAY LYING WEST OF LOTS 31, 32,47,48, 63
AND 64; WEST OF UNNAMED RIGHT-OF-WA Y BETWEEN LOTS 31 AND 48
AND BETWEEN LOTS 47 AND 64; SOUTH OF THE NORTH LINE OF LOT 32
EXTENDED WESTERLY AND NORTH OF THE SOUTH LINE OF
TUSKA WILLA AS SHOWN ON D.R. MITCHELL'S SURVEY OF THE MOSES
E. LEVY GRANT AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA AND FURTHER DEPICTED
ON EXHIBIT A OF THIS ORDINANCE.
Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and
City of Winter Springs
Ordinance No. 2001-35
Page 1 of 2
OFFICIAL RECORDS
BOOK 4105 PAGE 0298
SEMINOLE CO. FL.
MARYANNE MORSE
CLERK OF CIRCUIT COURT
710167
SEMINOLE COUNTY, FL
RECORDED & VERIFIED
01 JUN 19 PM 3:27
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 3.
Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 4. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission ofthe City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular~
meeting assembled on the 11 th day of June, 2001.
PAUL PARTYKA
MAYOR
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only
Anthony A. Garganese, City Attorney
First Reading: May 14, 2001
Second Reading: June 11, 2001
Effective Date: June 11, 2001
F:\DOCS\City of Winter Springs\Ordinances\CHC - vacation.kju
City of Winter Springs
Ordinance No.2001-35
Page 2 of 2
OFFICIAL RECORDS
BOOK 4105 PAGE 0299
SEMINOLE CO. FL.
EXHIBIT "A"
Right-Of-Way
Vacate
CHC Development
VACATE MAP
BOWYER
SINGLETON & ASSOCIATES, INCORPORATED
EXHIBIT "A"
OFFICIAL RECORDS
BOOK 4105 PAGE 0300
SEMINOLE CO. FL.
Orlando
Sentinel
Published Daily
State of Florida S.S.
COUNTY OF ORANGE
Before the undersigned authority personally appeared DEBORAH TONEY
, who on oath says
that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally
newspaper published at ALTAMONTE SPRINGS in
Seminole County, Florida;
that the attached copy of advertisement, being a NOTICE OF CONSIDER
in the matter of ORD. 2001-35
in the SEMINOLE Court
was published in said newspaper in the issue of 06/01/01
Affiant further says that the said Orlando Sentinel is a newspaper published at
ALTAMONTE SPRINGS in said
Seminole County, Florida,
and that the said newspaper has heretofore been continuously 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 advertisement; and affiant further says that he/she has neither paid
nor promised any person, firm or corporation discount, rebate,
commission or refund for the purpose of securing the advertisement for
publication in the said newspaper.
the foregoing instrument was acknowledged before me this 1 day of
JUN, 2001, by DEBORAH TONEY,
who is personally known to me and who did take an oath.
Beverly C. Simmons
(SEAL)
NOTICE OF CONSIDERATION OF RIGHT-OF-WAY VACATION
CITY OF WINTER SPRINGS
NOTICE IS HEREBY GIVEN THAT THE CITY COMMIS-
SION OF THE CITY OF WINTER SPRINGS WILL HOLD
A PUBLIC HEARING FOR SECOND READING OF ORDI-
NANCE 2001-35 CONCERNING ABANDONING AND CLOS-
ING AN EXISTING UNUSED RIGHT-OF-WAY LOCATED
SOUTH OF STATE OF ROAD 434 AND WEST OF TUSKA-
WILLA ROAD AND GENERALLY DEPICTED ON THE
MAP BELOW.
(MAP)
THE TITLE OF THE PROPOSED ORDINANCE IS "AN
ORDINANCE OF THE CITY OF WINTER SPRINGS.
FLORIDA. VACATING, ABANDONING AND CLOSING
THAT UNAMED RIGHT OF WAY LYING ON THE WEST
SIDE OF TUSKAWILLA ROAD. SOUTH OF STATE ROAD
434 AND CONTIGUOUS TO THE CURRENT TOWN CEN-
TER DISTRICT, AS RECORDED IN PLAT BOOK 1, PAGE
5 PUBLIC RECORDS OF SEMINOLE COUNTY. FLORI.
DA, PROVIDING FOR CONFLICTS. SEVERABILITY
AND AN EFFECTIVE DATE".
THIS PUBLIC HEARING ON THE PROPOSED RIGHT OF
WAY VACATION WILL BE HELD ON JUNE 11, 2001 AT 6:30
PM AT THE WINTER SPRINGS CITY HALL IN THE
CITY COMMISSION CHAMBERS AT 1126 EAST STATE
ROAD 434. WINTER SPRINGS, FLORIDA. INTERESTED
PERSONS MAY ATTEND AND BE HEARD.
A COMPLETE METES AND BOUNDS LEGAL DESCRIP-
TION OF THE SUBJECT PROPERTY AND THE ORDI-
NANCE PERTAINING TO THE ABOVE MAY BE OB-
TAINED FROM THE OFFICE OF THE CITY CLERK, AT
CITY HALL 1126 EAST STATE ROAD 434, WINTER
SPRINGS, FLORIDA, FOR MORE INFORMATION CALL
327-1800 #227.
PERSONS WITH DISABILITIES NEEDING ASSISTANCE
TO PARTICIPATE IN ANY OF THESE PROCEEDINGS
SHOULD CONTACT THE EMPLOYEE RELATIONS DE-
PARTMENT COORDINATOR 48 HOURS IN ADVANCE OF
THE MEETING AT (407) 327-1800#236.
THIS IS A PUBLIC HEARING. IF YOU DECIDE TO AP-
PEAL ANY DECISION OR RECOMMENDATION MADE
BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, YOU WILL
NEED'" RECORD OF THE PROCEEDINGS, AND, FOR
SUCH PURPOSES. YOU MAY NEED TO ENSURE THAT
A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE UPON WHICH THE APPEAL IS TO BE BASED.
-------------ANDREA LORENZO-LUACES
CITY CLERK
CSE3919014 JUNE 1,2001