HomeMy WebLinkAboutResolution 2009-34 Vacating Utility Easement 1137 Dappled Elm LaneRESOLUTION NO. 2009-34
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, RELATING TO
THE VACATION OF A UTILITY EASEMENT WITHIN THE
CITY OF WINTER SPRINGS LOCATED ON LOT 108,
WEDGEWOOD, UNIT 3, AS RECORDED IN PLAT BOOK 21,
PAGES 13 AND 14 OF THE PUBLIC RECORDS IN AND FOR
SEMINOLE COUNTY, FLORIDA; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the owner of real property generally located at 1137 Dappled Elm Lane in the
City of Winter Springs, more particularly described herein, has requested the vacation of a platted
3-foot utility easement lying adjacent to their northern property line; 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, copies of which are 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
resolution 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 RESOLVES, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are hereby fully
incorporated herein by this reference as part of this Resolution.
Section Z. Easement Vacation. The City Commission, in accordance with Section 17-
27 of the City Code, hereby vacates the 3-foot utility easement on Lot 108, Wedgewood, Unit 3,
according to the plat thereof, as recorded in Plat Book 21, Pages 13 and 14 of the Public Records in
and for Seminole County, Florida, lying adjacent to the northern property line of Lot 108, said
property being generally described as 1137 Dappled Elm Lane, Winter Springs, Florida.
Section 3. Recording. Following adoption ofthis Resolution by the City Commission,
the City Clerk shall record same in the Official Land Records for Seminole County, Florida.
MARY MORSE, CLERK OF CIRCUIT COURT
CLERK OF SEMIt~LE COUNTY
BK a7c~09 Pgs 1673 - 1674; (Ppgsl
FILE NUM 2~0~~3068451
RECORDED 06/24/5009 02:16:44 PM
RECORDING FEES 19. ~
RECORDED BY G Harford
City of Winter Springs
Resolution No. 2009-34
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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. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this resolution 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 resolution.
Section 6. Effective Date. This Resolution shall become effective im tatelyupon
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adoption by the City Commission of the City of Winter Springs, Florida. ,,~~~~~~~~ '"~
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RESOLVED by the City Commission of the City of Winter~p~:i2'i~',.Florida~fi~~f~r~ular --
meetin assembled on the 26thday of Ma 2QJ~,~.' • ~~ '. •'•, ~N;~i; ~
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LORENZO-LUACES
City Clerk
JOHN +~Bi~>~ ~:.,~~~4 ' rtii
Mayor r`{+ fl '•°°°°w.••• ~• ;'"
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Approved as to legal form and sufficiency for
the Ci 'nter Springs only:
Anthony A. Garganese, City Attorney
City of Winter Springs
Resolution No. 2009-34
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