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Home My WebLink AboutResolution 2009-13 Vacating Ginger Lane and a Portion of Old Sanford-Oviedo Road as Public ROW 2009 ORGNARYW MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 07199 Pgs 0744 - 746; QNs) CL E RK 9 S # 2009061307 RECORDED 06/08/2009 1207:28 PM RECORDING FEES 27.00 RESOLUTION NO. 2009-13 RECORDED BY T Smith A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, VACATING GINGER LANE AND A PORTION OF OLD SANFORD-OVIEDO ROAD AS PUBLIC RIGHTS-OF WAY, SAID RIGHTS-OF-WAY BEING DEPICTED AND LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO, WHICH SHALL RESULT IN THE VACATED RIGHTS-OF-WAY BEING CONVEYED TO THE ADJOINING PRIVATE PROPERTY OWNERS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 17-27 of the City Code authorizes the City Commission to vacate by resolution any existing roadway, street or alley, and to renounce and disclaim any right of the city and public in and to any land, delineated on any recorded map or plat as a roadway, street or alley; and rA WHEREAS, Ginger Lane and a portion of Old Sanford-Oviedo Road, as depicted on C Exhibit "A," attached hereto, are not currently used for right-of-way purposes and are not q anticipated to be used as rights-of-way in the future; and )IN 0 a WHEREAS, the City does not need the vacated rights-of-way to provide connectivity of roadways or to handle anticipated traffic; and WHEREAS, the City Commission desires to vacate these public rights-of-way as set forth herein; and WHEREAS, the City Commission of the City of Winter Springs finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Vacation of Rights-of-Way Authorized. The City Commission hereby vacates Ginger Lane and a portion of Old Sanford-Oviedo Road, said rights-of-way being more City of Winter Springs Resolution 2009-13 Page I of 2 particularly depicted and legally described in Exhibit "A," attached hereto and fully incorporated herein by this reference. Said vacation shall lawfully result in the City remising, releasing, quit claiming and conveying any and all interest in said vacated rights-of-way to the adjoining property owners. As such, upon adoption of this Resolution, the adjoining property owners, 419 Metal & Auto Recycling Center, Inc., Bartholomew Phillips and the Seminole County School Board, shall each own those portions of the vacated rights-of-way which directly abut their respective properties to the center line of the vacated rights-of-way. Section 3. Severability and Invalid Provisions. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Recording. The City Clerk shall record this Resolution in the Official Record Books of Seminole County, Florida. Section 5. Effective Date. This Resolution shall become effective upon adoption by the City Commission of the City of Winter Springs and upon recording in the Official Records of Seminole County, Florida. DONE AND ADOPTED at a regular g this `9th day of Fehruar 2009. Jo F. Bush, Mayer d. ' -J ?g :7- ST: AT A Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the Winter Springs only: Anthony A. Garganese, City Attorney City of Winter Springs Resolution 2009-13 Page 2 of 2 4 ti` EXHIBIT A SKETCH OF DESCRIPTION FOR 419 METALS & AUTO RECYCLING CENTER OF RIGHT-OF-WAY TO BE VACATED Legal Description BEGINNING at the Southeast Comer of Lot 5, ENTZMINGER FARMS ADDITION NO. 2, according to the plat thereof as recorded in Plat Book 5, Page 9, of the Public Records of Seminole County, Florida, thence run S.69°421'E., along the North Right-of-way Una of Old Sanford-Oviedo Road as shown on said plat, a distance of 560.50 feet to the West Right-of-way Una of Ginger Lane (platted as Charles Street); thence run N.W4449'E., along said West Right-of-way Una of Ginger Lane, a distance of 1120.20 feet to the Northeast Comer of Lot 12, said ENTZMINGER FARMS ADDITION NO. 2; thence run S.88°2711'E. 50 feet to the Northwest Comer of Lot 13, said ENTZMINGER FARMS ADDITION NO. 2; thence run S.0004449W., Wong the East Right-of-way Une of said Ginger lane, a distance of 1200.81 feet to a po9int on the South Right-of--way Line of aforesaid Old Sanford-Oviedo Road; thence tun N.69044'41'W., along said South Right-of-way Lne, 613.21 feet to the East Right-of--way Una of Wade Street as shown on said plat; thence run N.00044'49'E. 63.66 feet to the Point of Beginning. Said parcel contains 93,246.5 square feet SURVEY NOTES: 1) This is not a 'Boundary Survey', only a sketch of the above legal descripWris'prepared by this surveyor. 2) Bearings shown hereon are based on the South Right-of-way Una of Old Sanford-Oviedo Road being S.69044'217-. (assumed) 3) This legal description was prepared on 25 April 2008. Surveyor's Certificate This Is to certify that this 'Sketch of Description' of the above-described properly and the plat hereon delineated is an accurate representation of the same. I further certify that this survey meets the Minimum Technical standards set forth by the Fiiorida Board of Surveyors and Mappers pursuant t0 Chapter 61G17-M of the Flaft Administrative Code pursuant to Section 472.027 of the Florida Statutes. ? LOT 12 R SURVEYING, INC. R. BLAIR KITNEt- P.S.M. No. 3382 P. C. Box 023 - Sanford, Florida 32772 (407) 322-2000 Not valid without raised seal of Surveyor LOT 5 LOT 11 /-POINT OF BEGINNING 8944?.. WZ 04D SqhF??0 sof ,60. W . g 6y.3.55 W N 6944?7 Oylb0 Ro. .-t LOT 11 CITY OF W.NTER SPRINGS Permitting - Kirsten LOT 13 W N W J C Q v W o LOT 14 N O a N W 3 1- F- OI J Y a :. t 4 z '^ a K is z G SCALE: 1'-200' LOT 15 LOT 17 G1131Li-iY UNSR?i=? PRO1 NO. 07-454 LE 1 FOR SCANNiNG