HomeMy WebLinkAbout2005 01 10 Public Hearings Item 401 Ordinance 2004-52, David Drive ROW
COMMISSION AGENDA
ITEM 401
Consent
Information
Public Hearin
Re ular
x
January 10, 2005
Meeting
i2
IDept. leA
//Y
REQUEST: Community Development Department presents to the Commission, the second
reading of Ordinance No. 2004 - 52, to vacate and abandon a segment of the
David Drive right-of-way (ROW).
PURPOSE: The purpose of this agenda item is to present to the Commission, the second
reading of Ordinance No. 2004 - 52, to vacate an approximately 25 foot-wide and
approximately 113.85 foot-long segment of the David Drive ROW, subject to
provision of a 15 foot wide utility easement over the eastern 15 feet of the 25 foot
wide segment of the ROW.
CONSIDERATIONS:
The applicant, Roger Lonsway, President of the Belle Avenue Corporation,
requests the City vacate the adjacent segment of the 25 foot wide David Drive
ROW (113.85' x 25'= 2,846.25 SF = 0.065 acre) that extends along the eastern
boundary of his site. Mr. Lonsway, a Florida-licensed surveyor, presented
documentation that the ROW was created through platting the Johnson's Poultry
Farm subdivision. No ROW was provided through platting the adjacent Walden
Terrace subdivision. Staff requested and received verification ofthe applicant's
documents from one of the City's surveying consultants, Southeastern Surveying.
This evidence leads us to believe that vacation of this segment of the ROW would
result in all 25 feet of the vacated ROW would revert back to the adjacent
property within the Johnson's Poultry Farm subdivision, although both staff and
the 2 surveyors defer to the City Attorney's opinion on this matter.
The applicant has provided documentation from the pertinent utility providers that
they have no objection to the vacation, subject to a utility easement. Progress
Energy stated the need for a 10 foot wide easement over the eastern side of the 25
foot ROW. Staff believes a 15 foot wide utility easement is more logical, to allow
January 10, 2005
Public Hearing Item 401
Page 2
machinery to have enough room for safe and effective room to operate. At its
December 13, 2004, meeting, the City Commission discussed whether or not there
were need to keep the subject ROW for the future and then voted to pass
Ordinance No. 2004-52 on first reading, subject to a utility easement on the
eastern 15 feet of the area proposed for vacation.
Staff does not wish to have the rest of David Drive, north, between this subject
segment and SR 434, vacated. The portion of David Drive south of the subject
segment appears to be located within the City of Casselberry, based on the City's
maps and Seminole County Property Appraiser's maps.
Staff has sent certified mail to the owner of the one land-locked parcel that could
be affected by this vacation (please see attached December 30, 2004, letter and
attached map at the end of Attachment "D." The subject property, owned by
Rachel Carpenter and Herman Alexander, is located in unincorporated Seminole
County, south and west of Walden Terrace.
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;
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 ....."
(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
2
January 10, 2005
Public Hearing Item 401
Page 3
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. Roger Lonsway, requests the City vacate the approximately 25 foot-wide and
113.85 foot-long portion of the David Drive ROW that extends adjacent to the
south 113.85 feet of the north 290.85 feet of Lot 8, Block B, Johnson's Poultry
Farms, as recorded in Plat Book 6, Page 8 of the public records of Seminole
County, Florida.
2. The City Public WorkslUtility Director has no objection to this portion of the
Old Sanford Oviedo Road ROW being vacated, subject to dedication of a utility
easement over the eastern 15 feet of the area to be vacated.
3. City staff does not believe it is in the City's interest to vacate the rest of David
Drive, north to SR 434. The portion of David Drive south of the subject segment
appears to extend within the corporate boundaries of the City of Casselberry.
4. Both the applicant (a Florida-licensed surveyor) and the City's surveying
consultant believe that the entire segment of the ROW to be vacated would revert
to the applicant, but defer to the City Attorney's opinion.
CHRONOLOGY:
November 20, 2003 - City received letter from Roger Lonsway.
March 15,2004 - City's surveying consultant verified Mr. Lonsways assertions
November 1,2004 - City received application, letters from utility providers, and fee
3
January 10,2005
Public Hearing Item 401
Page 4
November 17,2004 - City DRC reviewed request to vacate
December 13, 2004 - City Commission passed Ordinance No. 2004-52 on first reading
RECOMMENDATION:
Staff recommends the City Commission adopt Ordinance No. 2004 - 52, subject to the applicant
dedicating a utility easement, along the eastern 15 feet of the subject 113.85 foot long by 25 foot
wide segment of the ROWand the City Attorney's opinion regarding reversion of the subject
ROW.
ATTACHMENT:
A - Proposed Ordinance No. 2004 - 52
B - Property Appraiser's map
C - Utility Provider letters
D - Other Correspondence
E - December 13,2004, Mini-minutes
COMMISSION ACTION:
4
ATTACHMENT A
ORDINANCE NO. 2004-52
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
FLORIDA, V ACA TING A PORTION OF DA VID DRIVE
LOCA TED WITHIN THE CITY OF WINTER SPRINGS,
FLORIDA, AS RECORDED IN PLAT BOOK 6, PAGE 8 OF
THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA; PROVIDING HEREIN FOR A DEPICTION AND
LEGAL DESCRIPTION OF SAID PORTION OF DAVID
DRIVE; RESERVING A FIFTEEN (15) FOOT WIDE UTILITY
AND EMERGENCY MANAGEMENT EASEMENT IN FA VOR
OF THE CITY AND ITS ASSIGNEES OVER THE VACATED
EASTERN PORTION OF DAVID DRIVE; PROVIDING FOR
CONFLICTS, SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, on the condition that the City reserves a fifteen (15) foot wide public utilities
and emergency management easement, the City Commission of the City of Winter Springs, Florida,
hereby finds that the City has no general right-of-way use over a portion of David Drive which is
depicted and legally described herein; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance 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 ORDAINS, AS FOLLOWS:
Section 1. The City hereby vacates, abandons and closes a portion of David Drive right-of-
way depicted on exhibit "A" attached hereto and legally described as:
ALL THAT PART OF DA VID DRIVE LYING BETWEEN THE NORTH AND
SOUTH LINES EXTENDED EAST, OF THE SOUTH 113.85 FEET OF THE
NORTH 290.85 FEET OF LOT 8 BLOCK B JOHNSON'S POULTRY FARMS,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6,
PAGE 8, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
Subject, however, that the City hereby reserves for itself, and its assignees, a fifteen (15) foot wide
public utilities and emergency management easement on, over, and below said eastern portion of
David Drive. Such reservation shall include the unconditional right of ingress and egress for
emergency management including, but not limited to, police, fire, and code enforcement purposes.
Such reservation shall also include the unconditional right to install, maintain, repair, and relocate
City of Winter Springs
Ordinance No. 2004-52
Page 1 of 2
public utilities including, but not limited to, water, sewer, reuse. stormwater, cable, gas, solid waste,
electric, telecommunications, and other such public utilities.
Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 3. 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 4. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a public
hearing assembled on the _ day of , 2004.
John F. Bush, Mayor
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2004-52
Page 2 of 2
l'Ollerty IOl'aiser ervices
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Legal Description:
All that part of David Drive lying between the North and South lines extended East,
of the South 113.85 feet of the North 290.85 feet of Lot 8 Block B Johnson's
Poultry Farms, according to the plat thereof as recorded in Plat Book 6, Page 8 of
the Public Records of Seminole Gpunty, Florida, SUBJECT TO the reservation of
a utility easement over the East ur feet thereof.
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ATTACHMENT C
a Prowess Energy
October 28, 2004
Mr. Roger Lonsway
Belle A venue Corporation
2316 Gilbert Mill Road
Cottondale, FL 32431
RE: Vacation and Abandonment of a Portion of David Drive
Dear Mr. Lonsway:
Please be advised that Progress Energy (formerly known as Florida Power Corporation) has
"no objection" to the vacation and abandonment of that certain portion of 25 foot wide platted
Right-of-Way, named David Drive, being more particularly described as: all of that part of David
Drive lying between the North and South lines extended East of the South 113.85 feet of the
North 290.85 feet of Lot 8, Block B, JOHNSON'S POULTRY FARMS, according to the plat
thereof, as recorded in Plat Book 6, Page 8, of the Public Records of Seminole County, Florida.
This vacation and abandonment is contingent upon the reservation of a utility easement over the
East 10 feet of the portion of the Right-of-Way to be vacated to cover existing distribution
facilities. This Utility Reservation must be stated within the Resolution and recorded among the
Public Records of Seminole County, Florida. Kindly forward a recorded copy of the Resolution
to my office for my records.
A separate letter is required from our Progress Energy's Transmission Department. The
information for the request to vacate the right-of-way has been forwarded to Ms. Beth Raffo
in-the- Transmission Department for further processing. Ms. Raffo can be reached at
407-942-9238.
If I can be of further assistance, please do not hesitate to contact me.
Sincerely,
('3 ,{
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Janice Cannell
Operations Support
North Central Region
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Florida Power - Jamestown. 2801 West State Road 426 . Oviedo. Florida 32765 . Telephone (407) 359-4443 . Facsimile
~~_~. ________ (4.07).359.AA~9 . _. ______~~_~_~~~
A Pmaress Enemv Comoanv
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~ Progress Energy
July 7, 2004
Roger Lonsway, President
Belle Avenue Corp.
2316 Gilbert Mill Rd.
Cottondale, FL 32431
RE: Vacation and Abandonment of Right-of- Way
David Drive, 4-21S-30E, Seminole County
Dear Mr. Lonsway:
Please be advised that Florida Power Corporation d/b/a Progress Energy Florida Inc. (pEF) does
not have any transmission facilities within this right-of-way. Transmission Engineering has no
objection to the vacation and abandonment of that portion of the David Drive road right-of-way
as highlighted and depicted on the attached Exhibit "A".
This vacation and abandonment is contingent upon receipt of a separate letter of approval from
PEP's Distribution Department. Should you have any questions concerning the letter from
Distribution, please contact Lori Herring at (407) 359-4429.
If further assistance is needed, please call Beth Raffo at (407) 942-9238.
Sincerely,
PROGRESS ENERGY FLORIDA, INe.
cfoiuUL 0 [)~~
Laurie N. Dunston
Manager
Transmission Line Engineering
Attachments
Progress Energy Florida. Inc.
3300 Exchange Place
Lake Mary, FL 32746
------=-~= ~ ~-=--~~-------- -,_....~--~~.,,=~-.-~..-.._-
--~~-_._-----_._-------~~-~~--,------_._~~-_._.-
844 Maguire Road
Ocoee, FL 34761
Tel 407-532-8596
Fax 407-656-1162
bright
house
NETWORKS
June 9, 2004
Roger Lonsway
Belle A venue Corpotatit1tl
2316 Gelbert Mill Road
Cottondale, Florida 32431
Re: Request for Vacation of Right of Way
SECTION 4, TOWNSHIP 21, RANGE 30
Dear Mr. Lonsway,
Bright House Networks has reviewed your request for the Vacation of Right of Way described as:
The unused portion of the David Drive Right of Way lying adjacent to Lot 25 Walden
Terrace and specifically described in your correspondence dated May 20, 2004.
Bright House Networks has "No Obiection" to the Vacation of Right of Way described above.
Please do not hesitate to call me at (407) 532-8508 should have any additional questions or concerns.
:t5
Senior Construction Manager
Bright House Networks
cc: Marvin L. Usry, Jr. .",.V
Construction Supervisor
PJK/vbs
07/28/04 15:05 NE PROU 8. CONST ~ 4073654625
1'-0.416 P0011001
.8IU.SOUTH
BdSO'lth T"IIIlOm,"~nlc.tlDft., Itlc.
Rol'.llYl 400
600 North Orangl Avenue
Orlando, Florida 32801
OMce: 407245-3015
Fill: 407 648-6771
lI.r: 800 805.8647
Mobile; 407 U5-5584
Intlmet
M-'t.1.0C_OObellsoultl.ccm
MII'k O. LoC_\:rD, P.E.
DlI'eclor - PrllvII\tInj"g
July 13. 2004
Roger Lonsway
Belle A vestUl!: Corp
2316 Gilbert Mill Rd
Cottondalc. FL 32431
0: Vacate 25' x 1 13.8S' portion of David Dr. between Lot 2.5 ofWaldcn Terrace and
Belle Ave Corp. parcel. Lot 8 Block B Johnson's Poultry Farms, Book 6 Page 8
Seminole County, Florida
This letter will serve as oW" notice that BcllSouth has no conflict. or objection with your request
to vacate the above noted Right of Way.
Please call 1-800-432-4770, to have all utilities field loca.ted prior to any type of work
commencing.
Should you have any questions, please do not hesitate to call Scott Lorenz@ 407-302-761 I
Sincerely,
<"VL~ ;( ~
f. Mark Q. LoCastro
-r tT Director - NOIwcrk Provisioning
Jnn, II, P.S.M.
lrd, P.S.M.
Jarvey, P.E.
i L. Gilbert, P.S.M.
) J. Henry, P.S.M.
4 8. Krick, P.S.M.
ATTACHMENT D
,..
SOUTHEASTERN SURVEYING & MAPPING CORP.
SURVEYING FLORIDA SINCE 1972
Myron F. Lucas, P.S.M.
Thomas K. Mead, P.S.M.
Dominick Oquendo, P.S.M.
James L. Petersen, P.S.M.
Charles E. Purdee, P.S.M.
William C. Rowe, P.S.M.
Rickey J. Travis, P.S.M.
Land Surveying & Mapping Services' Sub-Surface Utility Designation & Location Services' GPS Asset Inventories' Geographic Information Systems
March 15, 2004
Mr. Kip Lockcuff, P.E.
Director, Public Works and Utilities
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
RE: Correspondence from Mr. Roger Lonsway regarding David Drive
Dear Mr. Lockcuff;
We have reviewed the above-referenced correspondence at your request.
It is our opinion that Mr. Lonsway's assertions are correct and seem to be in accordance
with accepted practices for land surveying principals.
We have reviewed the recorded subdivision plats mentioned in Mr. Lonsway's letter
namely, the Mitchell Survey of the Levy Grant, Johnson's Poultry Farm and Walden
Terrace and offerthe following:
- David Drive was created by Johnson's Poultry Fann as a public roadway.
- No right of way was given for David Drive per the Walden Terrace plat.
- Accepted survey principals indicate that David Drive would revert to the adjoiners
within the Johnson's Poultry Farm pl&t and not to lot owners in Walden Terrace.
While rendering a legal opinion is beyond our area of expertise, we do agree with the
facts as stated.
Thank for the opportunity to be of continued assistance.
Sincer~ly,
oj / A~d Lt. ' / ~
t/i'U;U~V~~/
William L. Gilbert, P.S.M.
Project Manager
WLG:ead
\\Server\adminIDA T A\Corresplkip lockcuff-david drive. doc
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OFFICE
LOCATIONS
6500 All American Boulevard, Orlando. Florida 32810 407/292-8580 Fax 407/292-0141 e-mail: info@southeasternsurveying.com
1367 B South Railroad Avenue, Chipley, Florida 32428 850/ 63R-07Qn ~"y R"n 1""0 anen _ __" . , _.
Belle Avenue Corp.
P.O. Box 620818
Oviedo, FL 32762
Tel 850-260-5438
Fax 407-365-4625
Nov. 1,2004
Mr. John Baker, Senior Planner
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, FL 32708-2799
Re: Vacating a Portion of David Drive
Dear Mr. Baker;
A letter from Mr. Kipton Lockcuff, P .E., dated May 14, 2004, advised me that the process to vacate
right of way by ordinance would be your responsibility. In that regard I would like to initiate the
ordinance process and in support of its passage submit the following:
1. Check for the $300 fee
2. Property Appraiser's sketch and legal description of the subject parcel
3. Letter from William Gilbert, P.S.M. regarding reversionary rights
4. Letter from Brighthouse
5. Letter from BellSouth
6. Two letters from Progress Energy
Mr. Lockcuff s letter listed Sprint, but their staff advised that the subject parcel is not in their service
area.
Roger Lonsway, Pres.
RECEIVED
NO'! -1 2004
CITY OF WINTER SPRINGS
Current Planning
Roger Lonsway
2316 Gilbert Mill Road
Cottondale, FL 32431
850-638-7412
February 10,2004
Mr. Kipton D. Lockcuff, P.E.
Public W orkslUtility Director
City of Winter Springs
1126 East S.R. 434
Winter Springs, FL 32708
Re: Vacating a Portion of David Drive
Dear Mr. Lockcuff:
On November 20, 2003, I mailed to you a two page explanation ofthe reversionary rights to
portions of David Drive that are vested in adjoining successors in title to the original platted lots of
Johnson's Poultry Farms subdivision.
Please let me know if you acknowledge receipt of the letter, and let me have your estimate of when
I may expect a reply.
Roger Lonsway
Roger Lonsway
2316 Gilbert Mill Road
Cottondale, FL 32431
850..e38-7412
November 20, 2003
Mr. Kipton D. Lockcuff, P.E.
Public WorkslUtility Director
City ofWmter Springs
1126 East S.R. 434
Winter Springs, FL 32708
Re: Vacating a Portion of David Drive
Dear Mr. Lockcuff:
Susan Powell visited with John Baker and Eloise SahIstrom recently on behalf of Belle Avenue
Corporation, of which I am President, with regard to the vacating of David Drive and its ownership
reverting to Belle Ave. Corp.
\
l
My intention here is to persuade you that their assertion that the right of way if vacated should be
divided between the ad joiners is incorrect as it does not apply in this situation; rather that since all
of David Drive as originally platted came from Belle Ave. Corp's predecessors in title, all of it
should revert to the corporation.
I
I hope it is helpful to set out the following facts and background information:
1. I am a surveyor licensed (LS 2247) in Florida since 1969 with substantial experience with
issues such as this.
2. The parcel to which vacated David Drive should revert is tax parcel nwnber 04-21-30-511-
OBOO-008E.
3. The plat of Johnson's Poultry Farms (PB 6, PG 8) subdivided all of Lot 56 in the Mitchell
Survey of the Levy Grant (PB 1, PG 5) and is bounded on the east by the east line of Lot
56, which same line is the east line of David Drive (a half street 25 feet wide), and the west
line of Walden Terrace (PB 18, PG 69). Walden Terrace lot owners have no predecessor in
title on the west side of that line of Lot 56 nor over any part of David Drive.
4. Should David Drive have ever been improved, only the Johnson's Poultry Farms lots and
consequently the Belle Ave. Corp. would have had a fee right to access to the Drive, as the
Walden Terrace lots back on David Drive and were not intended to enjoy a fee right of
access. That reversion right is solely vested in the Johnson's Poultry Farms lot owners and
cannot be construed to be shared.
.
Mr. Kipton D. LockcuJI: P.E.
November 20, 2003
Page 2
5. "Evidence and Procedures for Boundary Location" Third Edition by Brown, Robillard, and
WIlson states on pg. 333: "Along the boundary ofa subdivision, reversion rights extend to
the limits of the subdivider's fee rights in the street that may be beyond or short of the
centerline." The clear application of this principle to this case is that the rights extend to the
subdivider's fee; namely all of David Drive. And not necessarily short of or beyond the
centerline, but precisely to it at the east line of Lot 56.
6. David Drive is a half street; the intention having been for the subdivider of Lot 55 of
Mitchell Survey of the Levy Grant to provide the other half. This second half was never
contributed; hence no right to obtain a half share was created.
7. After David Drive is vacated, I intend to grant an easement of appropriate width (probably
12.5 feet) to accommodate the sanitary sewer that will need to be extended south to serve
the Belle Ave. Corp. property.
I believe the above is logica~ easily understood, and well grounded in legal precedent, but if you
remain unpersuaded, I ask that you please pass this along to the City Attorney for an opinion.
With regard to procedural points, should I file a petition to vacate, and are there any other steps
about which I should be aware?
Sincerely,
Roger Lonsway
cc: Clarence M. Williams, III
Robert W. Baxley
CITY OF WINTER SPRINGS, FLORIDA
. 1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development Dept.
Planning Division
December 30, 2004
RE: David Drive Partial Vacate.
Dear Property Owner:
.
At its regularly scheduled meeting of Monday, January 10,2005, the City of Winter Springs City
Commission will consider the second reading of Ordinance No. 2004-52 to vacate a 113.85 foot long 25
foot wide segment of the David Drive right-of-way (please see the attached map). The City Commission
meetings are held at the Winter Springs City Hall (1126 E. SR 434) and begins at 6:30 P. M. If you have
any questions or comments, please'call me at (407) 327 - 5966 or FAX comments to me at (407) 327 _
6695.
Sincerely,
uL c eeL-
/ ;ohn c. Baker, AICP
Senior Planner
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Winter Springs Golf CoursE!
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Legal Description:
All that part of David Drive lying between the North and South lines extended East,
of the South 113.85 feet of the North 290.85 feet of Lot 8 Block B Johnson's
Poultry Farms, according to the plat thereof as recorded in Plat Book 6, Page 8 of
the Public Records of Seminole County, Florida, SUBJECT TO the reservation of
a utility easement over the East 10 feet thereof.
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