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Home My WebLink About1998 04 27 Regular Item B COMMISSION AGENDA Il~EM B Regular xx Consent Informational April 27, 1998 Meeting MGR. fi'.A fDi-_ REQUEST: Community Development Department, Land Development Division, requests Commission approval of the Second Reading of Ordinance No. 700 vacating the southern seven and one-half(7 1/2) feet of that fifteen (15) foot utility easement located to the rear of Lot 31, Walden Terrace (555 Brookside Drive). PURPOSE: The purpose of this Board Item is to have the Second Reading of Ordinance No, 700 to vacate the southern seven and one-half(7 1/2) feet of that fifteen (15) foot utility easement located to the rear of Lot 31, Walden Terrace (555 Brookside Drive). A swimming pool and screen enclosure have been built into this portion of the easement. FINDINGS: 1. The City Commission approved the First Reading of this proposed Ordinance No. 700 at their regular meeting of April 13, 1998. 2. The Public Notice for the Second Reading of Ordinance No. 700 was duly advertised in the Orlando Sentinel for the scheduled meeting of April 27, 1998. RECOMMENDATIONS: It is recommended that the Commission approve the Second Reading and adoption of Ordinance No. 700. ATTACHMENT: Agenda Item package of April 13, 1998. COMMISSION ACTION: COMMISSION AGENDA Il'EM F Regular xx Consent Informational April ][3. 1998 Meeting MGR. ;f~)I'-1lDe( _ REQUEST: Community Development Department, Land Development Division, requests Commission approval of the First Reading of Ordinance No. 700 vacating the southern seven and one-half(7 1/2) feet of that fifteen (15) foot utility easement located to the rear of Lot 31, Walden Terrace (555 Brookside Drive). . " PURPOSE: The purpose of this Board Item is to have the First Reading of Ordinance No. 700 to vacate the southern seven and one-half(7 1/2) feet of that fifteen (15) foot utility easement located to the rear of Lot 31, Walden Terrace (555 Brookside Drive). A swimming pool and screen enclosure have been built into this portion of the easement. FINDINGS: 1) Walden Terrace was platted June 8, 1973. 2) A swimming pool permit was issued for this location February 14, 1984, but the utility easement was not depicted on the drawing. 3) The subject property is under a sales contract and the easement must be vacated to get a clear title. 4) The Public WorkslUtility Department, the City Engineer, and all concerned utility companies have reviewed this request and have no objection to the vacation of a portion of the easement. April 13, 1998 REGULAR AGENDA ITEM F Page 2 CONCLUSION: It is unclear why the City issued the permit for pool construction in 1984. Current building department personnel were not employed in 1984. Currently all permit applications are accompanied by a survey plat depicting all easements. If a survey plat is not available, the building department checks the plat book to ensure that there are no easement encroachments. RECOMMENDATION: It is recommended that the Commission approve the First Reading of Ordinance No. 700, and at a later meeting approve the Second Reading and adoption of this ordinance. ATTACHMENTS: March 16, 1998 - Martin Letter to LeBlanc Letters of no objection from: Winter Springs Utility/Public Works Department City Engineer BeIlSouth Florida Power Corporation Florida Public Utilities Company Time Warner Communications Plat of Surv~:y depicting area to be vacated Ordinance No. 700 COMMISSION ACTION: 16 March 1998 Mr. Donald R. LeBlanc Land Management City of Winter Springs 1126 E. S.R. 434 Winter Springs, FL 32708 Re: Lot 31, WALDEN TERRACE, PB 18, PG 69; a/k/a 555 Brookside Dr., Winter Springs, FL 32708 Dear Sir: As the owners of the above-referenced real property, we hereby request a resolution vacating and abandoning a certain portion of the utility easement at the rear of the subject property, as de- scribed in the attached copies of a survey and legal description of said portion. Also attached are copies of letters to and original letters from the following utility companies and interested parties: Timl: Warner Communications Winter Springs Public utilities Florida Power Corporation BellSouth Telephone Company Florida Public utilities Winter Springs City Engineer Said property is currently under Contract for Sale and Purchase and it would be very much appreciated if this matter could be expedited in any way possible in order that we may honor the contract commitment and close the sale. Thank youfor your help. ver: t~~ ~. MartIn & Property Owners f::::!~:::' yj}~ /encl. Check ($200.) WINTER SPRINGS UTILITY I PUBLIC WORKS DEPARTMENT 110 NORTH FLAMINGO AVENUE WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327.2669 Fax (407) 327-0942 March 12, 1998 Bette McJunkin 55 Park Lane Debary, Florida 32713 Re: Vacation of a portion off the utility easement at 555 Brookside, Winter Springs Fl. Dear Ms. Mcjunkin: The City of Winter Springs has no objection to vacating 7.5 feet of south portion of the utility easement at the rear of 555 Brookside Drive Winter Springs, Florida. If you have any questions, feel free to call me. Sincerely, 1~75~ Doug Taylor Utility Superintende:nt cc Charles Canington, Community Development Director Patti D' Amours, Real Estate :Professionals " CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 321-1800 March 12, 1998 TO: Building Official, Don HCJuck FROM: Ci ty l~ngineer, ~M Mark L. Jenkins, P.E. ~ SUBJECT: Lot 3J., Walden Terrace - 555 Brookside Drive Propo~led Variance for uti 1 i ty Easement Encroachment I am in rec:eipt of a letter from Bette McJunkin, dated March 11, 1998, and a letter from Patti D'Amour, dated March 10, 1998, requesting an I~asement encroachment variance for an existing swirmning pool and shed at the subject address. The plat shows a 15-foot wide utility easement on the rear lot line. I have no objection to the variance request. It is my understanding a building permit was issued in 1984, by the City, to construct the existing pool in the easement. I have no record of any complaints created by the pool encroachment. If you have any questions, please let me know. cc: Cormnunity Development Director Land Develo:!?ment Coordinator Bette McJunJdn, 55 Park Ln., Debary, Ft 32713 BELLSOUTH TELECOMMUNICATIONS @ 132 Commerce Way Sanford. Florida 32771 March 13,1998 Bette McJunkin 55 Park Lane Debary, Florida 32713 BE: LOT 31.,WALDEB' TERRACE, PB 1.8, PG 69; AlO1. 555 BROOKSIDE DR., W.i.J:J:J:~ SPRINGS, FL 32708 Dear Bette:, BELLSOUTH does not object to your reguest to vacate a portion of the utility easement at the rear of the above property. If any further info~ation is needed please contact me at (407)327-0447. 'Sincerely, z: ~?~ Eric Murano BELLSOUTH/Project Manager 6e&.:~\ :.11\: ~ .. ~....I. ...... Floric:la POWler CORPORATION March 13, 1998 Ms. Patti D' Amours, Realtor Real Estate Professionals 937 N. Magnolia Avenue Orlando, FL 32803 RE: Lot 31, WALDEN TERRACE - 555 Brookside Drive, Winter Springs Dear Ms. D' Amours: Florida Power COIpOIation has no objection to the abandonment of a portion of that certain 15 foot wide Utility Easement comprising the NortheIiy 15 feet of Lot 31, WALDEN TERRACE, according to the plat thereof as recorded in Plat Book 18, Page 69, of the Public Records of Seminole County, Florida; being more particularly described and shown on the accompanying Sketch of Description. Very truly yours, .J jrzg attachments cc: R.W. Savard JAMESTOWN ENGINEERING · 2801 West State Road 426 · Oviedo, FL 32765 telephone: 407/359-4429 facsimile: 407/359-4449 A Florida Progress Company PUBLIC A COMPANY March j 2th, 1998 830 West 6th Street Sanford, FL 32771 (407) 322-5733 (407) 323-4354 fax Patti D' Amours Real Estate Professionals 937 North Magnolia Avenue Orlando, FL 32803 Re: Vacate portion of utility easement 555 Brookside Drive Dear Ms D' Amours: Florida Public Utilities Company has no objections to the petition to vacate that certain 15 foot wide utility easement, locat~:d adjacent to the northerly boundary of lot #3 I , WALDEN TERRACE, as recorded in Plat Book 18, Page 69, Public Records of Serrunole County. Florida. If you have any questions or need additional information, please feel free to call. ,..:;' ., 'i( ..-""': :~:' '. . ....;;: -' - ~ 37/')7..11I AIII/'rh'l/ll 811'1/. Orlal/do, Florida 3'28/11 Td ./07-'295-<)1 j<) Feu ./07.578-M79 ~ TIME WARf\JER ~ COMMUNICATIONS March 16, 1998 Patti D' Amours Real Estate Processionals 937 N. Magnolia Ave Orlando, FI. 32803 Re: Easement aballdonment (555 Brookside Drive) Section 3" Township 20 Range 30 Time Warner CommwLication bas no objection to vacatiJllg the soutb 7.5 foot of pomonof a 15. foot ntility easement lying along the north property line of lot 31, Walden Terrace as recorded in plat book 18, page 69, PubHc records of Seminole Connty, Florida: being more particolarly descri~ as follows: Commence from the Northwest corner oflot 31 Walden Terrace, as recorded in pIatbook18~page 69, Public records of ~:minole County, Florida: Tbence 1:1l1l along the west property lone of said' lot 31, sontb 06 degrees 5~.' 47" East 7.5 feet: Tbence nm north 83*00' 13" East to the Northwest corner of a screen enclosed pool North 83 degrees 13" Eust to an angle point on said edge of sCreen enclosed pool South 62 degrees 05' 38" East to an angle point on East edge said screen enclosed pool 5.24 feet: Thence nm along the East to the South lone of said 15 foot utility easement 4.50 feet: Thence nm along the Sl:luth line of said easement south 8:5 degree 00' 13" west to the West edge of said screened enclosed pool 39.00 feet: Thence nm along the West edge of said screen enclosed pool north 06 degrees 59' 47" West to the North West corner of said screen enclosed pool7.5 feet, pool being the point of begiJilDing (p.O.B.). IF you need any furthe:r belp please do not besitate to callme at (407) 654-0599. Sincerely, lJf-i PJ King Construction Manager cc: file [;"'1' U;tnft'" 1:',,{.'rfLUI/Hlt,.,rt. \dl"UIIC!'/.\'t'H!/f'II\(' IJu r!1I I 'r.' hi/I . F!/lndu nil I \tf1/1 ---=-.---=-' -- ----- == PLAT OF-1i1JRVEY I.OT 3', WALOEN 1ERRACE DESCRIPTION PAGE(S) 10-' COUNTY. FLORIDA 'lS. C(\' RECORDED IN PLAT BOOK 18 PUBLIC RECORDS OF SEIlIIl/OLE. urr SS e~ "D~ ll.... ml1Cl\llL 'iUR.Vf1 Bf llIl 1t1l'it~ ~. LEV'! GRl\Wf ~.'b3.oa gOt. P~EPAP.EDFOA: 1R~C.~ LBHJ\CK \ SC01f 11\. (i\}..\N CERiII~IED TO: VIm MIltKlCf\.lTlllt 1~'SURft~ ca'~U1 . nul' GI\6l Sll.un'r<!. 1lUCI L. &l:WIC'L ""carr m. 61Ml1 IRELAND SURVEYING, INC. 2950 ALOMA AVENUE. WINTER PAHK. FLORIDA 32792 SUITE 401 . PH: 678.3366. FJ,X: 671-6678 == Q.j~ ----~ o.a' fN~~"''l. z: 'a~ v' I~ ...J=- ~ 30 . 'P- - p a 1.0' r~~ PL. '1&' .0' Ji----r. .......:;.. 0; ~: I:,. . . cae't' 'ZUlli" lllK ,; BLOCK ~ . EOUNllAll't UNE -+- : ~~~~I~:~ENCE Ciote. . c:.ucuu,TED G.B. . I;oNQIETE BLOCK Ch. B. . ,:HOfID BElJUNQ C.M. . ,:OHCRETE IolONUlAENT CONC- . c;OHCRETE c. . . DEl.TA D.E. _ Df\AlHAQE EASEMENT a.EY. . ELEYf<TIOH ESIoIT. - EASEJoIEllT _ . EASEMENT UNE F.F. . FINISHED flOOR FIIO. . FOUND lP. . IfION PIPE I- . ~ lENGTK hi. . Io\EASURED N.D . HAll.OISC N.R. . HOtl Rf<OIAl O-R.B. "OFFICAl RECORDS BOOK =~= :: ~~i:~~~~lh\llE P.. '. PlAT P.B. _ Pl.AT BOOK ...OP-\?-t'3':l8 \ \ '1,1'\,1\11\1 tllOll WifMQ P.C.o. P.C.P. po. P.O.B. P.O.c. P.C. P.O.I- P.P. P.R.C. P.R.1o\. P,T. Rf<D. R. R.C REO. FlFD. ~ R.R. SET REBf<R S/'N T.R. TYP. uE. W.1oI. IE;: S7 1.0' \.0'1 1\ ~_1I)I\O ro~~IS(':&\ \)t ~~~t.. ~' ~r.,,1- '* .... _1- . pOINT Of COMpOUND CURVE. . . PERIMIIEMT CONTRO'o. pOIHT . p;t.GE . pOINT (IF BEGlNNlHG . pOINT OF COMMENCEMENT . POlllT Of CURvE . POINT of LINE _ pOWEfl POLE _ POINT ,OF REVERSE CURvE . PERI.v.lIEHT REFERENCE \olOHVI.\EHT _ pOINTOFTf<NGENC't . AADtAI.. . Rf<DIUS . RElIIJl. CI<i' . Reco~EREO . ROOFED . 1lI<>>-r!:.OF.Wf<Y . Rf<lllllS pOINT . Rf<1U1OAO . _ 5/8 RI,llAll WIC1J' .PlS 4200 _ SItlE'rw1olK . T1:LEPtlONE f\lSER . T'/P'::Jol. . U1II. iT'I E;t.SEIoIENT . Wf<l ER IoIETER _ woelD FENCE . HQ(;W\f\E FENCE G 7833G6 ---- ';"'- -~~~ -~~ ---;-: ~'.lr.4' ~ \ SCALE ,. . ZO' DATE ',l-S ":"~ GO 't? . ~ ~ r"' I'J .'.") ..Jc._ .\ 6 'a \. o.~ 'i\:-r szee,l\ll . tiQ'IES TItS pllOf'ERTY liES IN z()tlE ~~ pER F.LIUI. cololllMl1TY Pt<llEl. N~. \;lf~'l~ Oll~e, Of<TED_ .rr-'!I BEAJlIHG STAlJCTURE IS BASED upON TtlE UIlE DENOTED VllTH "SB. THIS BULDIllO DOES NOT LIE wmll/l TIlE ESTJ.aLsEO 100 'tEAR R.OOD P\.A1Il ZONE. SURVEY BASED OM LEG.'L OESCfll/'TlON suPl'\.lED rrt cuEKT. ~T TO /oHt EASEMEMTS t<IllJjOR RESmcTJOtlS OF RECORO ~ ~ f<IlO FOOTERS Hf<ve NOT. IIEEtI \.QCA ~D UNlESS NOTED.' . ~ ~ .... ~ ~ ~ I ~ ~ 20.~ ~ . ~_"f~~ .' rLOGO SO!'&~DtT"I\'''''1i9M &UDIIIl "&I.lOll ,. IUaJ&CT TO rIM}. fpI '"" at ,. . ~/ .'" 'I . '\ ~. . . . . ._IfeIIY -.......,,~~~_..- _TtJl'~~ ~1"1110!ilO1"'---- ,,1Ild}'..~.~).4~."'-1)OI'~'_"""'* _JP!~orii""""ID- TO....- " ,......". .J........" ,...,..,.;...........,..- .....""R_.. ' ~_~~..o..~A..~ "..' ::/ ~~~ '''.... ...:;.. 't' :. .... ,/ ' 96Y. p.03 ORDINANCE NO. 700 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA V ACA TING, ABANDONING AND CLOSING THE SOUTHERN SEVEN AND ONE-HALF (71/2) FEET OF THAT f4'U-IEEN (15) FOOT UTILITY EASEMENT LOCATED TO TIlE REAR OF LOT 31, WALDEN TERRACE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 18 PAGE 69 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, PROVIDING FOR CONFLICTS, SEVERABllXfY AND EFFEC11VE DATE. WHEREAS, the City Commission of the City ofWmter Springs, Florida has determined it to be in the best interest of its citizens to vacate the utility 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, THERlCFORE, be it ordained by the City Commission of the City ofWmter Springs, Florida as follows: SECTION I: The City hereby vacates, aband.ons and closes the following descnbed property: THE SOUTHl:RN SEVEN AND ONE-HALF (71/2) FEET OF THAT f4'UTEEN (15) FOOT UTILITY EASEMENT LOCATED TO THE REAR OF LOT 31, WALDEN TERRACE~, ACCORDING TO THE PLAT THEREOF AS: RECORDED IN PLAT BOOK 18 PAGE 69 OF THE PUBUC RECORDS Ol~ SEMINOLE COUNTY, FI,ORIDA. SECTION IT: That any portion of any City Ordinance in conflict herewith shall be hereby repealed. SECTION ill: _If any sentence, phrase or pOJ1ion of this ordinance is for any reason held or declared to be unconstitutional or void, such holding shall not affect the remaining portions of this ordinance. ". I" SECTION IV:~ This Ordinance shall be effective upon its passage. DONE AND ORDERED THIS 27th DAY OF APRIL in Chambers at Wmter Springs, Florida. , 1998, ~ A ITEST: .....,. OTY First Reading APRIL 13, 1998 Second Reading APRIL 27, 1998 Posted APRIL 16, 1998 TIllS INSTRUMENT WAS PREPARED BY: Donald R. LeBlanc Land Development Coordinator City of Winter Springs 1126 East SR 434 Winter Springs FL 32708