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Home My WebLink About1998 02 09 Regular Item H COMMISSION AGENDA ITEM H REGULAR X CONSENT INFORMATIONAL February 09. 1998 Meeting REQUEST: The Community Development Department, Land Development Division, requests Commission approval of the Third Reading and adoption of Ordinance No. 693, vacating a portion of a Greenbelt, Drainage and Utility Easement located to the rear of Lot 33, Bear Creek Estates (757 Bear Creek Circle). PURPOSE: The purpose of this Agenda Item is to vacate a portion of an existing Greenbelt, Drainage and Utility Easement located to the rear of Lot 33, Bear Creek Estates (757 Bear Creek Circle). This will allow the owner of the property to build a house and the normal amenities associated with such. FINDINGS: 1. The City Commission approved the First Reading of this proposed Ordinance No. 693 at their regular meeting of December 8, 1997. 2. The City Commission approved the Second Reading of this proposed Ordinance at their regular meeting of January 12, 1997. 3. The Public Notice for the Third Reading of Ordinance No. 693 was duly advertised in the Orlando Sentinel for the scheduled meeting of February 09, 1998. RECOMMENDATIONS: It is recommended that the Commission approve the Third Reading and adoption of Ordinance No. 693. ATTACHMENT: Agenda Item package of January 12, 1998. COMMISSION ACTION: , . .~ ., ., . COMMISSION AGENDA ITEM H REGULAR X CONSENT INFORMATIONAL February 09. 1998 Meeting REQUEST: The Community Development Department, Land Development Division, requests Commission approval of the Third Reading and adoption of Ordinance No. 693, vacating a portion of a Greenbelt, Drainage and Utility Easement located to the rear of Lot 33, Bear Creek Estates (757 Bear Creek Circle). PURPOSE: The purpose of this Agenda Item is to vacate a portion of an existing Greenbelt, Drainage and Utility Easement located to the rear of Lot 33, Bear Creek Estates (757 Bear Creek Circle). This will allow the owner of the property to build a house and the normal amenities associated with such. FINDINGS: 1. The City Commission approved the First Reading of this proposed Ordinance No. 693 at their regular meeting of December 8, 1997. 2. The City Commission approved the Second Reading of this proposed Ordinance at their regular meeting of January 12, 1997. 3. The Public Notice for the Third Reading of Ordinance No. 693 was duly advertised in the Orlando Sentinel for the scheduled meeting of February 09, 1998. RECOMMENDA TIONS: It is recommended that the Commission approve the Third Reading and adoption of Ordinance No. 693. ATTACHMENT: Agenda Item package of January 12, 1998. COMMISSION ACTION: ~, COMMISSION AGENDA ITEM E REGULAR X CONSENT INFO&VfATIONAL J anuarv 12. 1997 Meeting MGR( /V\..-, /D~ Authorizatio REQUEST: The Community Development Department, Land Development Division, requesting Commission approval for the Second Reading and adoption of Ordinance No. 693, vacating a portion ofa Greenbelt, Drainage and Utility Easement located to the rear of Lot 33, Bear Creek Estates (757 Bear Creek Circle). PURPOSE: The purpose of this Agenda Item is to vacate a portion of an existing Greenbelt, Drainage and Utility Easement located to the rear of Lot 33, Bear Creek Estates (757 Bear Creek Circle). This will allow the owner of the property to build a house and the nonnal amenities associated with such. FINDINGS: 1. The City Commission approved the First Reading of this proposed Ordinance No. 693 at their regular meeting of December 8, 1997. 2. The Public Notice for the Second Reading of Ordinance No. 693 was duly advertised in the Orlando Sentinel for the scheduled meeting of January 12, 1998. RECOM:MENDATIONS: It is recommended that the Commission approve the Second Reading and adoption of Ordinance No. 693. AITACHMENT: Agenda Item package of December 8, 1997. COrHl\'1ISSION ACTION: /- " ., COMMISSION AGENDA ITEM F REGULAR X CONSENT INFOR1\1A TIONAL December 8, 1997 Meeting '.0# MG~I'\;D Authorizatio '.0# REQUEST: Land Development Division, Community Development Department, requesting Commission approval for the First Reading of Ordinance No. 693 vacating a portion of of a Greenbelt, Drainage and Utility Easement located to the rear of Lot 33, Bear Creek Estates (757 Bear Creek Circle). The Second Reading and adoption of Ordinance No. 693 will be scheduled for a later meeting. PURPOSE: The purpose of this Board Item is to vacate a portion ofan existing Greenbelt, Drainage and Utility Easement located to the rear of Lot 33, Bear Creek Estates (757 Bear Creek Circle). This will allow the owner of the property to build a house and the normal amenities associated with such. FINDINGS: 1.) Bear Creek Estates was platted in 1982 (exact date not readable). 2.) The Public WorkslUtility Director, the City Engineer, and all concerned utility companies have reviewed this request and have no objection. RECOMl\'IENDA nON: It is recommended that the Commission approve the First Reading of Ordinance No. 693, and at a later meeting, approve the Second Reading and adoption of the ordinance. December 8, 1997 Regular Agenda Item F Page 2 ATTACHMENTS: August 12, 1997, Potchen Letter to Lockcuff Letter of no objection from: BellSouth '.. Florida Public Utilities Company Florida Power Corporation Wmter Springs Utility/Public Works Department Time Warner Cable City Engineer Bear Creek Estates Homeowners Association, Inc. '.. Plat of Survey depicting area to be vacated Ordinance No. 693 COl\'LmSSION ACTION: . .. - ---4o...... 4o... August 12, 1997 *- 'J-5~ 1 Nlr. Kipton Lockcuff WINTER SPRINGS UTILITIES 1 I 0 North Flamingo Avenue Winter Springs, FL 32708 Dear Mr. Lockcuff: 3 We are planning to build a house on lot 31 in Bear Creek Estates, located in Tuscawilla. The house that ,is desigi1ed encroaches on the c.enter witness point on the property. '.., The portion of the easement highlighted on the attached smvey will need to be vacated. The city of Winter Springs is requiring a letter from the applicable utility companies stating that there will be no objection to this request. Will you please provide us a letter at your earliest convenience, concerning this request. Please feel free to ~all me at 679-6789, if you have any questions. Thank you. Sincerely, \BED Doug1~ Patchen 664 Cayuga Drive Winter Springs, FL 32708 1-1:80 GULDENRUD (Si ~ ~07b7'38987 NO. .313 Q01 @ SELLSOUTH 407 277.1697 F.~ 4aT 271.n41 19, 1997 _. .. ..::"_....::...-c .!.... Fl. 32708 fA.~ located on Lot 33, Be~ Creek.E8~&tes &8 Pages 57 . 58 of the public records of ). . '.,"': .:..; . . .... '.' ~":-"" '.;( " -~: ~~ engineering department has reviewed your request to vacate t~~\ easement described above. Upon review of y~ur. request, S.ellSouth. has no objection to the vacat.i'o'n .'.of.'.t'his' e"iisement. ~ R:.,. " . . . ....:. ,.": ..... ..... ".'.. , .., -, '. ::.,;' you have 'any additional questions. or need any additional ';ijformation, please call Jim Farr.ell. at. 273 -5084~' w._ . ~' :-\.~~""'. ~rnc'erely, ,{ -~:. ....- ;. ::' ,. . . ,.::. I . .' . :"".. ',' " .'/ F COMPANY PUBLIC 830 West 6th Street Sanford, FL 32771 (407) 322-5733 (407) 323-4354 fax August 19th, 1997 Douglas Patchen 664 Cayuga Drive Winter Springs, FL 32708 .. Re: Vacate Portion of Greenbelt Drain~ and Utility Easement Lot 33, Bear ~reek Estates Dear Mr. Potchen: Florida Public Utilities Company has no objection to the petition to vacate that portion of the Greenbelt Drainage and Utility Easement located within lot 33, BEAR CREEK ESTATES, according to the plat thereof. as recorded in Plat Book 26, Pages 57& 58, of the Public Records of Seminole County, Florida, being more particularly described as follows: . Commence at the northernmost corner of said lot 33, thence S. 430 47' 15" E. along the easterly line of said lot 33 a distance of210.00 feet to the POINT OF BEGINNING. Thence departing said easterly line of lot 33, S. 780 51' 53" W. a distance of 135.00 feet; thence S. 58 a 15' 32"W. a distance of I 05.00 feet to the westerly line of said lot 33, thence N. 7722' 14" E. A distance of 105.79 feet; thence N. 53 a 53' 51" E. A distance of 132.04 feet to the POINT OF BEGINNING. If you have any questions, or need additional information, please feel free to call. Engineer Mid-Florida Division '/ -~~.. . 't!II~e.~\ .. e. ~ e: ~ e. ) ".. ee, .,.. .....:... Florida Power CO"~O""TION August 21, 1997 Mr. Douglas Potchen 664 Cayuga Drive Winter Springs, FL 32708 RE: Lot 33, BEAR CREEK. ESTATES' Dear Mr. Potchen: .... . .:,:" ,~... '. Florida Power CmpOration has no objection to the abandonment .of a' pOrtion of that certain Greenbelt, Prainage and Utility Easement being more particularly described as follows: '. Commence at the Northernmost corner of Lot 33, BEAR CREEK. ESTATES,: according to the plat thereof as recorded in PIat Book 26, Pages-57 and 58, Public Records of Seminole County, Florida; thence run South 43 ~47' 15" East, along the Easterly line of said Lot 33, a distance of 210.00 feet. to the POINT OF BEGINNING; thence departing said Easterly line of Lot 33, run South 78051'53" West, a distance of 135.00 feet; thence run South 58015'32" West,-a distance of 105.00 feet to the Westerly line of said Lot 33; thence run North 77022'14" East, a distance"qf 105.79'feet; thence run North 63051'16" East, a distance of 132.04 feet to the POINT OF BEGINNING. ...., Very tru.ly yours, ~mg. Easement Specialist lag attachments cc: R. W. Savard JAMESTOWN ENGINEERING · 2801 West State Road 426 · Oviedo, FL 32765 telephone: 407/359-4429 facsimile: 407/359-4449 A Rorldll Progrt133 Compllny WINTER SPRINGS UTILITY I PUBLIC WORKS DEPARTMENT 110 NORTH FLAMINGO AVENUE WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327.2669 Fax (407) 327-Q942 August 22, 1997 Douglas Potchen 664 Cayuga Drive Winter Springs, FL 32708 RE: Request to Vacate a Portion of an Easement Lot 33 - Bear Creek Estates '.yt Dear Mr. Potchen: We have reviewed your request to vacate a portion of the Greenbelt, Drainage, and Utility easement as depicted in the attached survey and description. There is no utility or drainage infrastructure located within the easement. There is no impact on the flow capabilities of Bear Creek. It also did not appear that any trees were located within the portion of the easement to be vacated. We have no objection to the partial easement vacation based on the representations of your August 12, 1997 letter and associated attachments. If you have any questions, please feel free to contact me. Sincerely, /fP L!f Kipton Lockcuff, P .E. Utility Director cc: Land Development Coordinator File ~uc ZS '97 IZ:54 F~OM:Timl! 'N. . C;b I e - 0 r I ando 407-57;-:. , i-90J P,OI/OI F-400 --,. R\C .....I ~ TIME W".RNER CAllL; A TIMe WAIIN(1, ENratTAlNM(NT COM'ANY, 1I' ',-:. Douglas Patchen 664 Cayuga Drive , Winter..:Springs;:'FIorida :32708 August 25, 1997 ," .,";c':':- r:{. '.>.'~":", . . 'Subject 0: Requ~t to Y~~te Utlllty Easement . ' . ,SECTION 8, TOWNSHIP 21, RANGE 31 '. .. '-', Dear Mr. Potch~n, , , , , Ti~~,W4mc:r Cable has reviewed your request to'vacate a' portion ofu,ai'gr~ribelt, drainage a!l~ u~ili,ty easement being a pOrtion of Lot 33, Bear Cr~ek Estat~s according to the Plat Book 26, Page(s) 57 & 58, of the Public Records of S~~noJe County, Florida. I '. '. . 1 : . : '.' . .' ~., ~ t<.:.~~ j.i i~!e'! \'~'. \:~ .:: ~'; ~ -. ,- Time Warner Cable' has.:b:DJlb.u:di<UL: to you'r request' to ,,-:a~ate..d1~greenbelt,. ' . . . .' .' .... '.. ~ I . . '. drainage and utility easement as identified above. . ' " :,' ,~.,. , ,', . . .. . \ . ~ - .... r . .. ;.,'--' , , ' , . Should you have any questions or need additional assis~ce in this; please do' nOl hositatG to g;vc: me a call at 295-9119, Sincerely,,' , . , fir,e-. ..~ \ )' \' /) J' K. .-",} .. In).! Time Wanll:r Cdh",": :.-. , Coo5tLiJ,cti0l1 Man.1;)~: pjk ;t'., . '" . i;'.!t .'\!' .... . ....:1. o 0 :.' '.':'" 0'; .) , ~ ... : I . OJ ., '" '. 10-17-97 10:25 AM FROK TY OF W!NTER SP~G5 POllOI ~[bJ~~~ CITY OF WINTER SPRI~QS, F1.0RI 'A I 1128 EAST mn ROl'O 4:S4 WINTER SPRINGS. FLORlqA 327'08-mi ~/epnon. (401) 32'11-1100 October 15, 1997 , TO: ~and Mana~emeQt S~ecialist Donald LeBls.nc: City !nc;ineer. '.~ ~L/. Mark t. Jenkins. P.!. ~ FROM: SUBJECT: Lot 33, Bear Creek Estate~ - Ease~8nt Vac:a ion Request Douglas Patchen - Owner " I have reviewed Mr. Douglas patchen's re<zuest to vacate a portion of the rear "Oreen.bel t, Drainage a~d Uti li t Easement. fI See the attached plat of survey of lot 33. 'l'here were no en9'inserinc; concerns qiacovere that would prevent Hr ~ potchen from. encroaching int;q 0: re 1 igninq the boundary of the mentioned easement at the r.~r of the _ubject lot. I am forwarding his easement vacatioI) request to you for furthe~ processing. . If you have any questione, ple~s8 let ~. know. attachment: Mr. patchen', letter 9-12-97 · ~lat of 'rrveY cc:: Community Development Director (no att~chm.nt) Mr. Oouqlas potchen, FAXI 679-6967 (no ~ttac:hm.n ) c.'" I I.:., ....J I ..:;..... 10 :....,..:.10 .rl" H"; . ~ I . : 11 / I'. i ( {1.1 .lEAR CREEK ESTATES H~MEOWr'rERS ASSOCIATION, INC. I !f~I' <Va Ene~ Property Manageme~t Services, Inc. . ~ ~. O. Box 950455 ' i T take ~fary, FL 32795-0455 t.I.' ( . h kovomber 6, 1997 . I . .. . 964 Cayuga Dnvc f : rintc:r Springs, FL 32708 ~f. ..., ~'IA Kitchen Designs, Inc. ~ . ~fAX #679-8987 r .:1 i f. r~ ~j pear Mr. Patchen: i t~ 'j I . . I [I. i . {The Bear Crce~ Estates Bo~d otDirectors has reviewed your r~q~.est regarding. va:ating a portion o:f the ~ '1' ~ Greenbd~ Dramage and Utility fasement for lot 33. The assocIatlon has no objectIon to the proposed H'j i ~Ian. However, this does not constitute permission for vacating the casement nor waiver of any rights r'f d .belonging to the association. i f. ':Jr., I ? !, . " t ~I' f , : ~. 1!You have any additional ques~.ons, you may contact our community manager,. Cindy Arvai, at 327- if.. !5824.; . .. fl. , . . ~~ : ! t f :' ISincerely, ; i r . 1/1 1 () L /' ( I I 1;1 ~ / ~ ~.: !VY~LV0~ ~f'!THE BOA.RJj.OF DIRECTORS [ '. ': !BE~ C~EK E~TATES HOtvreOWNERS ASSOCIATION, INC. re' ..; I Walter Suika.. PresIdent : ',. . I enclosur~ . ~.!.' rr. I i ,ei.j [ I' I , . . ! it : I irl i t i ! ,r);. i :f J i r; I fl r: . I i~! ~ : ~ I 407-327-5824 ',., i \ 1-' . \;J 1 ::."it I: :, ~ . ; . . : ~.. .({ . . :.'. . .- , ~: ; : I ~ : . S . " f . ;. , - y , ., : :':. : . .... ; , . I .!,.i : ~: : . . I.. .: . -- , . I . " .. .: . - ; '.:'; ! :. ~ ! :.; ! ~ : : ': . . . . '.. : !'. , .~~ .." . . .~ :": I i I . .~. f . , . : "04 I :. 1 . " :. . ! . : ~ .', ., :. . :; ... ....~ ; .! ;~ , . , :.: :..,. . . . .'. ~ . :\' .~ , . l.!. 'r. \J..'nI . I'tf'. D; ORDINANCE NO. 693 AN ORDINANCE OF THE CITY OF WINTER SPRIN"GS, FLORIDA V ACA TING, ABANDONING AND CLOSING A PORTION OF THAT GREENBELT, DRAINAGE AND UTILITY EASEl\'IENT BEING A PORTION OF LOT 33 BEAR CREEK ESTATES ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 26, PAGES 57-59 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHERN MOST CORNER OF SAID LOT 33; THENCE SOUTH 4f47'15" EAST ALONG THE EASTERLY LINE OF SAID LOT 33 A DISTANCE OF 210.00 FEET TO THE POINT OF BEGINNING THENCE DEPARTING SAID EASTERLY LINE OF LOT 33 SOUTH 78~1'53" WEST A DISTANCE OF 135.00 FEET THENCE SOUTH 5cf15'32" WEST A DISTANCE OF 105.00 FEET TO THE WESTERLY LINE OF SAID LOT 33 THENCE NORTH 7'~2'14" EAST A DISTANCE OF 105.79 FEET; THENCE NORTH 63"51'18" EAST A DISTAJ.'I"CE OF 132.04 FEET TO THE POINT OF BEGINNlNG; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. . WHEREAS, the City Commission of the City of Winter Springs, Florida has determined it to be in the best interest of its citizens to vacate the drainage easement described herein; WHEREAS, the City Commission of the City of Winter Springs finds and declares that the herein described property is not longer needed for public purpose. NOW, THEREFORE, be it ordained by the City Commission of the City of Winter Springs, Florida as follows: SECTION I: The City hereby vacates, abandons and closes the following descnoed property: A PORTION OF THA T GREENBELT, DRAINAGE AND UTll..ITY EASEMENT BEING A PORTION OF LOT 33 BEAR CREEK ESTATES ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 26, PAGES 57-59 OF THE PUBLIC RECORDS OF SEMJ1\TOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLO\VS: COiVIMENCE AT THE NORTHERN MOST CORNER OF SAID LOT 33; THENCE SOUTH 43"47'15" EAST ALONG THE EASTERLY LINE OF SAID LOT 33 A DISTANCE OF 210.00 FEET TO THE POINT OF BEGINNING THENCE DEPARTING SAID EASTERLY LINE OF LOT 33 SOUTH 78~51'53" WEST A DISTANCE OF 135.00 FEET THENCE SOUTH 5t'15'32" WEST A DISTANCE OF 105.00 FEET TO THE WESTERLY LINE OF SAID LOT 33 THENCE NORTH 77~22'14" EAST A DISTANCE OF 105.79 FEET; THENCE NORTH 61'51'18" EAST A DISTANCE OF 132.04 FEET TO THE POINT OF BEGINNING. I SECTION II: That any portion of any City Ordinance in conflict herewith shall be hereby repealed. SECTION Ill: If any sentence, phrase or portion of this ordinance is for any reason held or declared to be unconstitutional or void, such holding shall Dot affect the remaining portions of this ordinance. SECTION IV: This Ordinance shall be effective upon its passage. DONE AND ORDERED THIS 9th DAY OF FEBRUARY in Chambers at Winter Springs, Florida. , 1998, Q. PAULP~~R ATTEST: , ';\ C)\ First Reading Second Reading Third Reading Posted DECEMBER 8, 1997 JANUARY 12, 1998 FEBRUARY 9, 1998 DECEMBER 31, 1997 THIS INSTRUMENT WAS PREPARED BY: Donald R LeBlanc Land Development Coordinator City of Winter Spring 1126 East SR 434 Winter Springs FL 32708 ~ .. PLA T OF SURVEY LO r JJ, DEAR CIlEEK EST ^ lES, ACCORDING 10 TIlE PLAT lllEREOr, AS RECORDED IN PLAT DOOK 26, PACES 57 '" 56, OF lllE rUDL1C REConoS or SEMINOLE COUNrf. fLOmOA DESCIlIP npN Of" EASEMEN T lODE VACA lED: Ii. PORTION OF" 1IIAT GREENBELT,DRAlNAGE AND UllUTY EASEMENl OEING A PDIlIION Of" lOT JJ BEAll CREEK (SI^'ES ACCOfIOINC 10 lIl( PLAf IIIEREOf AS REconOED IN PLAI DOOK 211 PACES 57-50 Of TilE rUOLIC RECORDS Of SEMINOlE COUH TY. fl~IM. COI.II.IENCE AT lllE NORnlE/lH I.IOSl CORtlER Of SAID lOT JJ: IIIENeE S ~J.HI5. E AlONC TilE EASlERlY.UtlE Of SAID lor JJ A DISTANCE Of 210.00 fEET 10 TIlE raNT Of DECINtllNG ll1U1CE OEPA/1l1HC SAID EASIERLY LINE Of lOT JJ S 7U.SI'5J" W A DISIAlICE Of IJS.OO rEEl lllENCE S 58.15.J2" W A DIS1AIICE Of 105.00 fEr 10 nlE Vl{SImL Y LINE Of SAID lOT JJ ll1ENCE N 77"22'11" ( A OIsrAHCE or 105.70 fEn; TItEHCE N UJ.SI'IU" E A DISTANCE or IJ2.0~ HET 10 IIIE POl/IT or OECINNINC. fi/)rcc / fill: 111.11. " III~J' lS 1190J / is E Iz ~ tJr~ ~ i iSget;~ . '~~8~~~~ Qg.. ~~....!..a l:I ~"'~ a ~i5~h~~!~ ~t'" ~~......~ ~uRi ~ 3['~H~li~h"Q: BEING I.IORE PAR IICUlARL Y O[SCflIBED AS fOllOWS: oC,\...~ C,\\' c~~~'f.. ....o~ ....'ll"'-{ o.ti\~ (../ / a.~~~ ~\Gv..\ I> o. ;'l~;~I.}i"~ /'"' v "tQ .... . 1,../ :{ , ?~'" ~'~nl~~ ';)0 ,., ~,~Ol' .---;:",9\\1' CD / / . ~~~ ..v~..':~~... .J .In .1 .t n. 4.0 ~ (. .. ,I,., LOT .32 / / POINT OF COMMENCEMENT NOnlllERN MOST COnNER LOT .3.3 ., ... a: o !'> I .c UAll . DISK ___ - ; 1199J .t .....,.- ---r \ o . 10.5'.J'" ," 11.S,'3r w n . nl.~6' V 2~."lO l - 80 fi6. \ cn - S 81"3'.IJ. W "V 'l<..; . 'l<..>.. /V'... 'iJi! .~ ~!l1 w ~ S..~u~ v"'o"ull:" .'0 .. c;l ~ '5 ~ ".....0.;) ~a ~i' ~~~"~~a~ a i5~iSoi5gi\~jl;l z o..ooolier::o" W c.:> ~ o k(JjCD u i ~ a ~ !c tl ~ e ~ IU~[J... I ... I I --- LOT J-I LOT 33 VACANT POIIIIDI or [ASUl(fll ~ 10 O[ VACo\n:O rf;J _.,.~..... )' 1D.~.f-~~~~j~df~~~; /0"v&~4~.:'" ~ /.~#:~~ ,~, .... .... " / /