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Home My WebLink About2001 04 09 Public Hearings A NEW Ordinance 2001-30 Vacate and Abandon COMMISSION AGENDA ITEM A Consent Information Public Hearin2 XX Re2ular MGR~/CA~ r /'1/ ()I April 9. 2001 Meeting REQUEST: Community Development Department, Land Development Division, presents to the Commission for their action the First Reading of Ordinance No. 2001-30 which will vacate and abandon an unnamed 25-foot right of way located on the east side of Lot 26, Entzminger Farms Addition No.2, Plat Book 5, Page 9, Public Records of Seminole County, Florida. PURPOSE: The purpose of this agenda item is to present to the Commission for their action the First Reading of Ordinance No. 2001-30 which will vacate and abandon an unnamed 25-foot right of way located on the east side of Lot 26, Entzminger Farms Addition No.2, Plat Book 5, Page 9, Public Records of Seminole County, Florida. APPLICABLE LAW: CHARTER. ARTICLE IV. MAYOR AND CITY COMMISSION Sec 4.14. Actions requiring an ordinance. In addition to other acts required by law or by specific provisions of this Charter to be done by ordinance, those acts of the city commission shall be done by ordinance which: (6) Conveyor lease or authorize the conveyance or lease of any land of the city; April 9, 2001 PUBLIC HEARING AGENDA ITEM A Page 2 Section 4.15. Ordinances in general. (a) Form. Every proposed ordinance shall be introduced in writing in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be "The City of Winter Springs hereby ordains .....It (b) Procedure. An ordinance may be introduced by any member at any regular or special meeting of the commission. Upon introduction of any ordinance, it shall be read in its entirety; provided however the said reading may be by title only if all members of the city commission so vote. All ordinances shall be read twice, the second reading of any ordinance shall be by title only and shall follow the first by a minimum often (10) days; provided however, this requirement may be waived by a unanimous vote of all five (5) members of the commission. All ordinances shall be posted in the city hall for thirty (30) days after their first reading. (c) Effective date. Except as otherwise provided in this Charter, every adopted ordinance shall become effective at the expiration of thirty (30) days after adoption ,or at any date specified therein. Section 4.16. Authentication and recording; codification. The mayor and the city clerk shall authenticate by their signatures all ordinances and resolutions adopted by the city commission and the city clerk shall record in full in a properly indexed book kept for that purpose all such ordinances and resolutions. FINDINGS: 1) American Civil Engineering Co, on behalf of the First Baptist Church of Winter Springs made request to vacate the subject 25-foot right of way. 2) The First Baptist Church of Winter Springs owns the property on both sides of the subject 25-foot right of way. 3) The Public WorkslUtility Director reviewed this request and affirmed that this subject 25-foot right of way was not needed and had no objection to it being vacated and abandoned. April 9, 2001 PUBLIC HEARING AGENDA ITEM A Page 3 CHRONOLOGY: . January 17, 200 I - Request for vacating 25-foot right of way received RECOMMENDATION: The recommendation is that the City Commission move proposed Ordinance No. 2001-30 to a Second Reading. ATTACHMENT: A - Proposed Ordinance No. 20001-30 COMMISSION ACTION: ATTACHMENT A . '. .~.. {;':;':":-1-:".;;" . ".:'.:~~~t;. '::.:' ,.:. ~ ': :.:~~. . . .., .......:.'.'.;. i.;' : .:: ; .. ~ . . " .... :.... . . .j ORDINANCE NO. 2001-30 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, V ACA TING, ABANDONING AND CLOSING THAT TWENTY FIVE . FOOT (25') UNNAMED RIGHT OF WAY L YfNG ON THE EAST AND NO~THEAST SIDES OF LOT 26, ENTZMfNGER FARMS ADDITION NO.2, AS RECORDED IN PLAT BOOK 5, PAGE 9, PUBLIC RECORDS OF SEMfNOLE COUNTY, FLORIDA, PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. " WHEREAS, the City Commission of the City of Winter Springs, Florida finds that the City has no public use of the aforementioned unnamed right of way; 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 that unnamed right of way described herein; NOW THEREFORE, the City of Winter Springs hereby ordains the following: SECTION I: The City hereby vacates, abandons and closes the following described property: THAT TWENTY FIVE FOOT (25') UNNAMED RIGHT OF WAY LYING ON THE EAST AND NORTHEAST SIDES OF LOT 26, ENTZMINGER FARMS ADDITION NO.2, AS RECORDED IN PLAT BOOK 5, PAGE 9, PUBLIC RECORDS OF SEMINOLE COUNTY FLORIDA AND FURTHER DEPICTED ON EXHIBIT A OF THIS ORDINANCE. SECTION II: That any portion of any City Ordinance in conflict herewith shall be hereby repealed. SECTION III: 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 IV: This ordinance shall be effective upon its passage. DONE AND ORDERED THIS in Chambers at Winter Springs, Florida. DAY OF ,2001, PAUL P. PARTYKA, MAYOR REVIEWED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS, FLORIDA ONLY. ANTHONY GARGANESE, CITY ATTORNEY ATTEST: ANDREA LORENZO-LUACES, CITY CLERK First Reading Second Reading and Public Hearing Posted THIS INSTRUMENT WAS PREPARED BY: DONALD R. LeBLANC LAND DEVELOPMENT COORDINATOR CITY OF WINTER SPRINGS 1126 EAST SR 434 WINTER SPRINGS, FLORIDA 32708 .! SY~TCH OF DESCRrDTION DESCRIPTION 'ACATlNG 25 FOOT ROAD RIGHT OF WAY ON EAST SlOE OF LOT 26. ENTZMINGER FARMS ,DOlT/ON NO 2, AS RECORDED IN PLAT BOOK 5. PAGE 9, PUBLIC RECORDS OF SEMINOLE OUNTY. FLORIDA. LOT 27 I I I I I I I I I I EXHIBIT A . S,R. 4J~ -- - LOT 26 ~ ~ ~ l-... ~ ~ ~ '" l\J " LOT 9, BLOCK 0, DR, MITCHELL'S SURVEY ?LIlT DOOK 1,1'.-1(;1: S 25,00' RICHT OF WAY '. , 1"1 ~o THIS SKETCH IS NOT A BOUNDARY SURVEY. PREPARED rOR: IlRST lIAI'T1ST CHURCH or WINTER SPRltlGS , . .' uccrcit ~,. THf:"li1HNW.~ ~ AS RCQI./It!fi} flY CHIPTrIl flOI1-I.' ~ iOlIlli OF v~ ~ ~. 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