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Home My WebLink AboutOrdinance 2001-36 First Street MARYANNE MORSE CLERK Of CIRCUiT COURT 710168 SEMINOLE COUNTY. FL, RECORDED & VERIFIED 01 JUN 19 PM 3: 21 ORDINANCE NO. 2001-36 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, VACATING, ABANDONING AND CLOSING THAT PORTION OF FIRST STREET AS DEPICTED ON EXHIBIT 1 AND LEGALLY DESCRIBED ON EXHIBIT 2, 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 finds that the City has no public use of the aforementioned portion of First Street; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby fmds this ordinance to be in the best interests of the 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. Vacation of Right-of-Way. The City hereby vacates, abandons and closes that portion of First Street as depicted on Exhibit 1 and legally described on Exhibit 2. 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and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.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 City of Winter Springs Ordinance No. 2001-36 Page 1 of 2 OFFICIAL RECORDS BOOK 4105 PAGE 0301 SEMINOLE CO. FL. validity of the remaining portions of this ordinance. Section 4. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 29th day of May, 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 29, 2001 Second Reading: June 11, 2001 Effective Date: June 11, 2001 F:\DOCS\City of Winter Springs\Ordinances\Vacation - First Street - Blumberg.kj City of Winter Springs Ordinance No. 2001-36 Page 2 of 2 OFFICIAL RECORDS BOOK 4105 PAGE 0302 SEMINOLE CO. FL. EXHIBIT 1 2001-36 OFFICIAL RECORDS BOOK 4105 PAGE 0303 SEMINOLE CO. FL. LEGAL DESCRIPTION OF PORTION OF FIRST STREET TO BE VACATED BY THE CITY OF WINTER SPRINGS FIRST STREET RIGHT-OF-WAY VACATION DESCRIPTION: That part of Lot 28 Block "D". D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County. Florida, more particularly described as follows: Commence at the Northwest comer of said Lot 28, Bloclc: "D". D.ll MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP as recorded in said Public Records said point being a recovered 3/4 inch iron pipe; thence run S 18. 58'28" W along the West line of said Lot 28 a distance of 720.17 feet to the NortbRight of Way. line of First Street (a 30 foot unopened right of way) and the POINT OF BEGINNING; thence run S 71024'05" E along said North right of way line for a distance of 423.48 feet; thence S 65.37'13" W a distance of 44.01 feet; thence N 71 024'05" W a distance of 452.60 feet to a point on the Northeasterly Right of Way line of State Road 434 per Florida Department of Transportation Right of Way Map Section 77070-2516; said point being on a Non Tangent curve concave Northeasterly having a radius 0138436.74 feet and a chord bearing of N 38038'21" W; thence run Northwesterly along the arc of said curve through a central angle of 00004'57" for an arc distance of 55.44 feet to a point of Non Tangency; said point lying on the aforementioned North Right of Way line ofYltst Street; thence run S 71 024'05" E along said North Right of Way line for a distance of 107.94 feet to the POINT OF BEGINNING. EXHIBIT 2 2001-36 OFFICIAL RECORDS BOOK 4105 PAGE 0304 SEMINOLE CO. FL. CLAYTON, ROPER & MARSHALL 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. 2001-36 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 2001-36 CONCERNING ABANDONING AND CLOS- ING AN EXISTING UNUSED RIGHT OF WAY LOCCATED NORTH OF STATE ROAD 4343 AND WEST OF TUSKAWIL- LA ROAD AND GENERALLY DEPICTED ON THE MAP BELOW. (DIAGRAM OF MAP) THE TITLE OF THE PROPOSED ORDINANCE IS AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, VACATING ABANDONING AND CLOSING THAT PORTION OF FIRST STREET AS DEPICTED ON EXHIBIT 1 AND LEGALLY DESCRIBED ON EXHIBIT 2, AS RECORDED IN PLAT BOOK 1. PAGE 5, PUBLIC RE- CORDS OF SEMINOLE COUNTY, FLORIDA, PROVID- ING FOR CONFLICTS, SEVERABILITY AND AN EFFEC- TIVE DATE. THIS PUBLIC HEARING ON THE PROPOSED RIGHT OF WAY VACATION WIl L BE HELD ON JUNE 11, 2001 AT 6:30 P.M. AT THE WINTER SPRINGS CITY HALL IN THE CITY COMMISSION CHAMBERS AT 1126 EAST STATE ROAD 434, WINTER SPRIf!GS, 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) 327-18OO#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 A 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 CSE3918984 JUNE I, 2001