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and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.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
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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)
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