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HomeMy WebLinkAboutOrdinance 2002-10 Vacation of Utility Easement ORDINANCE NO. 2002-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE V ACA TION OF A UTILITY EASEMENT WITHIN THE CITY OF WINTER SPRINGS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner of real property, more particularly described below, has requested the vacation of a platted utility easement running the length of the westerly boundary of said property; and WHEREAS, the City of Winter Springs is not currently using, nor has any plans to use, the subject utility easement; and WHEREAS, each provider of utilities, within the City of Winter Springs, has indicated in writing, a copy of which is on file with the Community Development Department, that it has no objection to the vacation of the subject utility easement; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds 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. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings ofthe City Commission of Winter Springs. Section 2. Easement Vacation. The City Commission, in accordance with Section 17-27 of the City Code, hereby vacates the five (5) foot wide utility easement within the west side of Lot 15, Parkstone Unit 1, as Recorded in Plat Book 56, Pages 17 - 21, of the Public Records in and for Seminole County, Florida, and as more particularly described on Exhibit "A" of this Ordinance, the same being incorporated herein by this reference. Following adoption of this Ordinance, the same shall be recorded by the City Clerk in the Land Records for Seminole County, Florida. MARYANNE MORSE, CLERK OF CIRCUIT COURT CLERK OF SEMINOLE COUNTY BK 04378 PG 1175 FILE NUM 2002861338 RECORDED 04/12/2002 1 h2CJl2CJ AM RECORDING FEES 19.5O RECORDED BY Molden R City of Winter Springs City of Winter Springs Ordinance No. 2002-10 Page 1 of 2 .,....................., Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. 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 5. 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 25th day of March, 2002. PAUL P. 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: March 11, 2002 Second Reading: March 25, 2002 Effective Date: March 25, 2002 City of Winter Springs Ordinance No. 2002-10 Page 2 of 2 FILE NUM 2002861338 OR BOOK 04378 PAGE 1176 Ex "A" Easement Vacation Request Legal Description Legal Description for easement vacation. Lot 15. Parkstone Unit 1. Description for vacating the entire 5' Utility Easement located within Lot 15, adjacent to the Westerly boundary of said Lot 15, and a Portion of the 5' Utility Easement located within Lot I5, adjacent to the Northerly boundary of said Lot IS, "Parkstonc Unit I ", as recorded in Plat Book 56; Pages17 of the public records of Seminole County, Florida and being more particularly described as follows: Commence at the platted Southwest lot comer of Lot I5, "Parkstone Unit 1 ", as recorded in Plat Book 56, Pages 1 7 -21 of the public records of Seminole County, Florida, said lot corner being the POINT OF BEGINNING; thence North 3 degrees 30 minutes 15 seconds West, with the platted West boundary of said Lot 15, a distance of 114,73 feet; thence North 80 degrees 48 minutes 21 seconds East, with the platted North boundary of said Lot 15, a distance of 5.02 feet; thence South 3 degrees 30 minutes 15 seconds East, said line being 5' perpendicular to and parallel with the platted West boundary of Lot 15, a distance of 116,90 feet; thence North 75 degrees 02 minutes 29 seconds West, with the platted South boundary of said Lot IS, a distance of 5.27 feet returning to the Point of Beginning. Dcscribeu Parcelc0ntd!n:ng 579 Square Feet. more or less, Lega! Description prep<1red for the City of Winter Springs, and Centex Homes by Wil;i:';'rt1 ;~, E~rx, PSM 6fi92. .LfQIBtLITY UNSAHSF'AClu". FOR SCANNING FILE NUM 2002861338 OR BOOK 04378 PAGE 1177 eLll 38~d eL~~O ~ooe ~o e~~lge~OO~ WnN 3,J~ SHIN NV:>S 80:1 Alf01.~:fSU\fSNn lll'1Jm!n opuau .JI~C'JJ O/OVlU;05 jD 5pjO:Ju(j :;'{qnd dl.{I)O / G - !. I saEod /0 . ~; 'I00F] iDid VI pup.1O:JUj so )oa.1oll/ 10ld alii 01 6upJo:J:J0 - / J.N() 3VOJ.S){(jV'd . C; / /07 NOUdl(jJSJO lV9Ji IV) 7;J9 I r"-. / / . / <:> . // ()) "\J' /// ~ ~ - ;/ == ':t - /1 l:J // lu v, / "'" //' l.tJ // V) $ / - >- / ~ :n / ::j ~ - _ // r-') I-- / / C> ::>. / C) /; V} Vl I'Y) //:~ o / / IV)// / o // /71 107 r / J. 07 ZO 5 3. /Z.gP.Og N [S.L[I M.IZ.g1700g S 1/ J.07 01 107 .::..:. :::. ::. 3.. I Z . 9 /7 oOg ~. gO- 56. . . . '13 ,,1/1110 I . 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NOlld/dJSJO 7\1937 ~O N011V(jlSn771 7lfJIHdlfIJ9 Orlando Sentinel Affiant further says that the said Orlando Sentinel is a newspaper published at Al T A"ONTE SPRINGS ' in said atJ1~INOlE County, Florida, an t at the said newspaper has heretofore been continuously published In said tfe"I~OL.E County, Florida, each eek ay and has been entered as second-class mail matter at the post office in Al TAnONTE IPRIN'X in ~aid IEMINOI f County, Flonda, for a penod-o 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 purpose of securing this advertisement for publication in the said newspaper. Y of eny Of W1Nm1 SPRINGS ...; ~FanCE lII'VACA1l0N'1 UTIU1Y EASEMENT:", The City of Winter sprlrflil proposes to ,adopt the fOllaw! l~~:ordlnance, as stated ~I , ORDINANCE NO. 2002-10 ') AN ORDINANCE OF' THE CITY COMMIS:' SIONOF THE CITY OF') WINTER SPRINGS"! FLORIDA RELATINQ I TO THE VACATION" OF A UTILITY EASE;''! MENT WITHIN THe;.' CITY OF WINTER' SPRINGS TO FLORI. DALPROVIDING FOR" THt: REPEAL OF PRI"'" OR INCONSISTENt)'> ORDINANCES AN!t' RESOLUTIONS; PRO]' VIDING FOR SEVER'~ ABILITY; AND PRO';;',' VIDING FOR Att EFFECTIVE PATE. ~ public hearing for the first hearing of Proposed Or. drnance 2002.10 will be held on March 11, 2002 at 6:'30 p.m. or soon thereafter,at the Commission Chambers City of Winter Springs cItY Hall, 1126 East State Road 434, Winter Springs, FIQI'I: da. Interested parties r1'\lW appear at the meeting dnll ~een~~~d regarding t~f, The proposed ordlnaJce may beJnspected by In ested parties between 8 and 5 P.m., Monday thr Friday, at the City's Office at 1126 East Roa~ 434, Winter SprintS', F:'onda. Far mare InfarllilO'- tlOn call (407) 327-1800 122". Persons with dlsabllltfe5 needing assistance to POI1hl.- Ipate In any of these pro- ceedings should contact ~ Employee Relations De::lql"t- ment Coordinator, 48 hoyrs in advance of the meetlllll lit (407) 327.1800. #236. This 1_ a public hearing. If yOU de- cide to appeal any decIl' made by the City Com sian with respect to matter considered at tll. meeting, yOU will need a t.. card of the prOCeedings, C/I1ll for such purposes, you mat need to ensure that a verbcl- !im record of the proce6d- rngs Is made upon which fIli appeal is based. ~f Ardrea Lorenzb-Luaces d C,ty Clerk1t CSE4343108 MAR. 1_ Published Daily ~tate of jflortba } 5.5. COUNTY OF ORANGE Before the undersigned authority personally appeared nEP()RAH 'J'ONF.V , who on oath says that he/she is the Legal Advertising Representative of Or1ando Sentinel, a dally newspaper published at Al TAnONT[ SPRIN'S in SfftINOlE County, Florida; that the attached copy of advertisement, being a CITY Of' WINTER SPit in the matter of OR)). 2002- 10 in the SEMINOLE was published in said newspaper in the issue; of 03/'01..102 Court, The foregoing instrument was acknowledged before me this MAA. , 20Q, by DEBORAH TONEY who is personally known to me and (SEAL) Orlando Sentinel CIlY OF WINTER SPRINGS NOTICE OF VACATION OF UTIU1Y EASEMENT Published Daily The City of Winter Springs proposes to adopt the follow. ing ordinance, as stated be. low: ~tate of jflottba } 5.5. COUNTY OF ORANGE Before the undersigned authority personally appeared Linda Bridgewater , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at OR' ANDO in ORANGE: County, Florida; that the attached copy of advertisement, being a CITY Of WINTER SP in the matter of OR>>. 2n02-10 Affiant further says that the said Orlando Sentinel is a newspaper published at Oj~lAN.I>O ,insaid ORANGE: County, Florida, and that the said newspaper has heretofore been continuously published in said OR ~ N(;I="" County, Florida, each Week Day and has been entered as second-class mail matter at the post office in ORt ANDO in said OR AN(;f 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 purpose of securing this advertisement for publication in the said newspaper. ~~:J A publlqhearing for the sec. and hearing of I1raPOsed Or. dlnance 2002.10 will be held, on March 25. 2002 at 6:30 p.m. or soon thereafter, at the CommissiOl1 Chambers, City of Winter Springs City Hall. 1126 East State Road 43<4, Winter Springs, 'Fiori. do. Interested parties mov appear at the meeting and be heard regarding this meetl~g. The. propose'd ordinance may be Inspected bv Inter. ested POrties between 8 a.m. and 5 p.m.. Mondav through Fridav, at the Cltv's Clerk's Office at 1126 East State Road 434, Winter Springs, Florida. For more Informa. tion call (407) 327.1800 1#227. Persons with disabilities needing assistance to POrtlc. Ipate in any of these pro. ceedings should contact the Emplovee Relations Depart. ment CoordinatOr. 4B hours in advance of the meeting at (407) 327.1800 1#236. This is a publiC hearing. If you de. clde to appeal any decision made by the CltyCommls. sian with respect to any matter considered at this meeting, you will need a re- cord of the proceedings. and for such purposes, YOU may need to ensure that a verba. tlm record of the proceed. ings Is made upon which the appeal Is based. Andrea Lorenzo.Luaces City Clerk COR4364159 3/15102 in the OR,UU~t was published in said newspaper in the issue; of n 1/1. 1;/02 Court, (SEAL) :~~, \", 'toy l.Ji