HomeMy WebLinkAboutOrdinance 2002-30 Vacation/Utility Easement
ORDINANCE NO. 2002-30
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, RELATING TO
THE VACATION OF A FIVE-FOOT WIDE PLATTED
UTILITY EASEMENT WITHIN THE CITY OF WINTER
SPRINGS EXTENDING APPROXIMATELY 106' ALONG
THE WEST PROPERTY LINE OF LOT 9, HIGHLAND
VILLAGE ONE, AS RECORDED IN PLAT BOOK 29, PAGES
66-68 OF THE PUBLIC RECORDS IN AND FOR SEMINOLE
COUNTY, FLORIDA; 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 ofa 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 of the City Commission of Winter Springs.
Section 2. Easement Vacation. The City Commission hereby vacates the five (5) foot
wide platted utility easement extending approximately 106.00 feet along the westernmost side of Lot
9, Highland Village One, as recorded in Plat Book 29, Pages 66-68, 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.
City of Winter Springs
Ordinance No. 2002-30
Page 1 of 2
R City of Winter Springs
FILE NUM 2002964950
OR BOOK 04573 PAGE 1687
Following adoption of this Ordinance, the same shall be recorded by the City Clerk in the
Land Records for Seminole County, Florida.
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, and as provided by City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 28th day of October , 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: October 14. 2002
Second Reading: October 28, 2002
Effective Date: October 28. 2002
F\DocslCity of Wmter SpnngslOrdmanccsl V acatcROWOrdNo2002-30 _ 2. wpd
City of Winter Springs
Ordinance No. 2002-30
Page 2 of 2
FILE NUM 2002964950
OR BOOK 04573 PAGE 1688
PLAT OF SURVEY FOR BRIAN A.
SEMINOLE COUNTY, FLORIDA
DESCRIPTION
HIGHLAND VILLAGE ONE, according to the Plat thereof as recorded in Plat
Book 29, Pages 66 through 68, of the Public Records of Seminole County, Florida.
SURVEYORS CERTIFICATE
this is to certify that a Boundary Survey of the above described property
was made under my direction and the Plat hereon is a correct representation of
the same to the best of my knowledge and belief. The surveyor has not abstracted
the land shown hereon for easements, right-of ways or other matters of record that
may affect the subject property. Copies of this surveys are invalid unless
embossed with the seal of the surveyor. Also certified to Margaretten Mortgage
Company; and Meridian Title.
V.K SMITH, ALS
V. KELLY SMITH & ASSOCIATES
2018 CHASE AVENUE
SANFORD, FLORIDA
407-322-2213
NOTES:
Property is shown in flood zone C, per FIRM
Panel #120295 00058, City of Winter Springs,
Florida.
Street address is 317 Kirkcaldy Drive
CITY OF WINTER SPRINGS
NOTICE OF VACATION
OF UTILITY EASEMENT
The City of Winter Springs proposes to adopt the
following ordinance, as stated below:
ORDINANCE NO. 2002-30
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS, FLORI-
DA;RELATING TO THE VACATION OF A FIVE-
FOOT WIDE PLATTED UTILITY' EASEMENT
WITHIN THE CITY OF WINTER SPRINGS
EXTENDING APPROXIMATELY 106' ALONG
THE WEST PROPERTY LINE OF LOT 9, HIGH-
LAND VILLAGE ONE, AS RECORDED IN PLAT
BOOK 29, PAGES 66-68 OF THE PUBLIC
RECORDS IN AND FOR SEMINOLE COUNTY,
FLORIDA; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR SEVER-
ABILITY; AND PROVIDING FOR AN EFFEC-
TIVE DATE.
A public hearing for the second hearing of pro-
posed Ordinance 2002-30 will be held an
October 28, 2002, at 6:30 p.m. or soon thereafter,
at the Commission Chambers, City of Winter
Springs City Hall, 1126 East State Raad 434,
Winter Springs, Florida. Interested parties may
appear at the meeting and be heard regarding
this meeting.
The proposed ordinance may be inspected by
interested parties between 8 a.m. and 5 p.m.,
Monday through Friday, at the City's Clerk's
Office at 1126 East State' Raad 434, Winter
Springs, Florida. For more information call (407)
327 -1800 #227. Persons with disabilities need-
ing assistance to participate in any of these pro-
ceedings should contact the Employee Relations
Department Coordinator, 48 hours in advance of
the meeting at (407) 327-1800 #236. This is a
public hearing. If you decide to appeal any deci-
sion 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 verba-
tim record of the proceedings is made upon
which the appeal is based.
ANDREA LORENZO-LUACES
CITY CLERK