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HomeMy WebLinkAbout2005 01 24 Public Hearings 408 Ordinance No. 2004 - 52, David Drive ROW COMMISSION AGENDA ITEM 408 Consent Information Public Hearin Re ular x January 24. 2005 Meeting Mgr. /Depy A".- /CA 1 '~ /rr f 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 ofthe 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 ofhis 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 0 f the 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 ofthe 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 24, 2005 Public Hearing Item 408 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 ofthe subject segment appears to be located within the City of Casselberry, based on the City's maps and Seminole County Property Appraiser's maps. Staffhas sent certified mail to the owner ofthe 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. In response to the City's letter, Ms. Carpenter telephoned the Community Development Department on January 10, requesting the matter be postponed until January 24, to allow her to attend and state her concerns about access to her property. Mr. Joseph Castaldo, of 529 Lombardy Road (adjacent property within Walden Terrace, in the City of Winter Springs), states he has leased the property for approximately 3 years, grazes his horses there, is considering purchasing the site, and is also concerned about access. 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 ofthis Charter to be done by ordinance, those acts ofthe 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 2 January 24, 2005 Public Hearing Item 408 Page 3 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 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 ofthe 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 ofthirty (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: I. Roger Lonsway, requests the City vacate the approximately 25 foot-wide and 113.85 foot-long portion ofthe 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 S ernino Ie County, Florida. 2. The City Public Works/Utility 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 ofthe 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 ofthe 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. 3 January 24,2005 Public Hearing Item 408 Page 4 March 15, 2004 - City's surveying consultant verified Mr. Lonsways assertions November 1, 2004 - City received application, letters from utility providers, and fee November 17, 2004 - City DRC reviewed request to vacate December 13, 2004 - City Commission passed Ordinance No. 2004-52 on first reading January 10, 2005 - City Commission postponed 2nd reading of Ordinance No. 2004 - 52 RECOMMENDATION: Staff recommends the City Commission adopt Ordinance No. 2004 - 52, subject to (I) adequate access provided to the Rachel Carpenter and Herman Alexander property to the south, (2) the applicant dedicating a utility easement, along the eastern 15 feet ofthe subject 113.85 foot long by 25 foot wide segment of the ROW, and (3) the City Attorney's opinion. ATTACHMENT: A - Proposed Ordinance No. 2004 - 52 B - Property Appraiser's maps C - Utility Provider letters D - Other Correspondence E - December 13, 2004, Minutes COMMISSION ACTION: 4 ATTACHMENT A ORDINANCE NO. 2004-52 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, VACATING A PORTION OF DAVID 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 V ACA TED 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 DAVID DRNE 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 I U .. \ IIIWO \ lllttl \ 11011) \ lIO(Io __ . '...1........._ _-.1---- .. ~., .. " DOTA ,\1' - \ \--:: __ \ 'I _--- _--- ~ L--- - \ \ au '\ \--OO.l.E I, II \ \ $etniuoleCoa~ ~ A.ppAioer~Cowr\IIrlJC). roperty praiser ervices H.W. "Bill" SuberCFA,ASA Your Source for Property InrOl'1llatioa.~ Qu~ ConVenlen4 Accurate ... -.... '." ',..--' ,.,~':, ,':'.:'.-'~, .i'.o'>:'-':" .,.~"" ',.-"" '-. .-<",.,_.....,..:.J' -:;-. . -.'::... - . ! .. . . .. -';", ............~.z;."P-..... '''~ft~t:. D560 I55C DIn lJtID Yo; L o Legend County BoundaTy Slmals . Hydrobgy J+/ SubdivisOn lines 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 l)t feet thereof. nttp:71s1mollU3 ~scpafl.otglsetvrevcom.esri.esI'imap.EIDimap?ServiceName=parcel_view _ sd... 113 if20(jtt--- Seminole County Property Appraiser Get Information by Parcel Number PARCEL DETAIL DAVID .JOHNSON. CFA. ASA PROPERTY APPRAI!iER SEMINOLE COUNTY Fl... 1101 E.FlRSTST SANFORD. FL32771-1468 4a7 -855-7506 Page I of2 2005 WORKING VALUE SUMMARY GENERAL 04-21-30-511-0BOO- .. W1-WINTER Parcelld: 008B Tax District: SPRINGS Ow BELLE AVENUE ner: CORP Exemptions: Own/Addr: C/O ROGER LONSWAY Address: PO BOX 620818 City,State,ZipCode: OVIEDO FL 32762 Property Address: BELLE AVE Facility Name: Dor: 41-L1GHT MANUFACTURING Value Method: Number of Buildings: Depreciated Bldg Value: Depreciated EXFT Value: Land Value (Market): Land Value Ag: Just/Market Value: Assessed Value (SOH): Exempt Value: Taxable Value: Tax Estimator SALES Deed Date Book Page Amount Vac/lmp WARRANTY DEED 12/199402865 0955 $100 Improved ADMINISTRATIVE DEED 09/1986 01772 1500 $82,500 Vacant Find Comparable Sales within this DOR Code Market 4 $184,281 $7,270 $51,153 $0 $242,704 $242,704 $0 $242,704 2004 VALUE SUMMARY 2004 Tax Bill Amount: $1,104 2004 Taxable Value: $59,037 DOES NOT INCLUDE NON-AD VALOREM ASSESSMENTS LAND land Assess Method Frontage Depth land Units Unit Price land Value SQUARE FEET 0 0 51,153 1.00 $51,153 LEGAL DESCRIPTION PLAT S 113.85 FT OF N 290.85 FT OF LOT 8 BLK B JOHNSONS POULTRY FARMS PB 6 PG 8 BUILDING INFORMA nON Bid Num Bid Class Year Bit Fixtures Gross SF Stories 1 STEEUPRE ENG 1987 0 2,700 Ext Wall Bid Value Est. Cost New METAL PREFINISHED $46,197 $59,996 BUILDING INFORMA nON Bid Num Bid Type Year Bit Fixtures Base SF Gross SF Heated SF Ext Wall Bid Value Est. Cost New 2 SINGLE FAMILY 1972 3 850 1,241 850 CONC BLOCK $44,055 $51,678 Appendage / Sqft UTILITY FINISHED /99 Appendage / Sqft CARPORT FINISHED /220 Appendage / Sqft OPEN PORCH FINISHED /72 3 SINGLE FAMILY 1970 6 1,104 1,204 1,104 CONC BLOCK $50.801 $60,658 Appendage / Sqft OPEN PORCH FINISHED /100 4 SINGLE FAMILY 1971 3 851 1,345 851 CONC BLOCK $43,228 $51,157 Appendage / Sqft UTILITY FINISHED /60 Appendage / Sqft CARPORT FINISHED /210 Appendage / Sqft OPEN PORCH FINISHED / 56 Appendage / Sqft SCREEN PORCH UNFINISHED /168 EXTRA FEATURE Description Year Bit Units EXFT Value Est. Cost New CONCRETE DRIVEWAY 4 INCH 1987 1,440 $1,980 $3,600 http://www.scpafl.org/pls/web/reweb.seminolecountytitle?PARCEL=0421305110B00008B&cdor=&c...l/18/2005 Seminole County Property Appraiser Get Information by Parcel Number Page 2 of2 6' CHAIN LINK FENCE 1987 411 $986 $2,466 POOL GUNITE 1980 450 $3,600 $9,000 SCREEN ENCLOSURE 1980 880 $704 $1,760 OTE: Assessed values shown are NOT certified values and therefore are subject to change before being finalized for ad valorem ax purposes. *** If ou recent! urchased a homesteaded ro http://www.scpafl.org/pls/web/reweb.semino1ecountytitle?PARCEL=0421305110B00008B&cdor=&c...1/18/2005 Seminole County Property Appraiser Get Inl'~lf1()i i Parcel Number DETAIL DAVID .I0tDlliDN., CFA.. ASA. PROPERTY APPRAISER SEIoBNOLE COUNTY FL 1101 E.FlRSTST SANFORD" FL 32771 -I 468 MJ7 - C!I65 -7506 GENERAL 26-20-30-5AR-QDOO- .. 01-GOUNTY-TX Parcelld: 055B Tax District: DIST 1 CARPENTER Owner: RACHEL M & Exemptions: Own/Addr: ALEXANDER HERMAN W Address: 15231 NE 8TH ST City,State,ZipCode: WILLISTON FL 32696 Property Address: DAVID DR LONGWOOD 32750 Facility Name: Dor: 99-ACREAGE NOT AGRICUL T SALES Deed Date Book Page Amount Vacllmp QUIT CLAIM DEED 0212000 03811 0366 $100 Vacant QUIT CLAIM DEED 04/1990 02160 0863 $100 Vacant Find Comparable Sales within this DOR Code Page 1 of 1 2005 WORKING VALUE SUMMARY Value Method: Number of Buildings: Depreciated Bldg Value: Depreciated EXFT Value: land Value (Market): land Value Ag: JustlMarket Value: Assessed Value (SOH): Exempt Value: Taxable Value: Tax Estimator Market o $0 $0 $55,000 $0 $55,000 $55,000 $0 $55,000 2004 VALUE SUMMARY 2004 Tax Bill Amount: $930 2004 Taxable Value: $55,000 DOES NOT INCLUDE NON-AD VALOREM ASSESSMENTS land Assess Method Frontage Depth land Units Unit Price land Value ACREAGE 0 0 5.000 11,000.00 $55,000 LEGAL DESCRIPTION PLAT LEG SLY 343.93 FT OF WL Y 632.94 FT OF LOT 55 BlK D D R MITCHEllS SURVEY OF THE LEVY GRANT PB 1 PG 5 LAND OTE: Assessed values shown are NOT certified values and therefore are subject to change before being finalized for ad valorem ax purposes. *- If ou recentl urchased a homesteaded ro http://www.scpafl.org/pls/web/reweb.seminolecountytitle?PARCEL=2620305AROD00055B&cdor=&...1/1812005 Seminole County Property Appraiser Get Information by Parcel Number ARCEL DETAIL OAVID .JOtlJlliDN. CFA.. A.SA PROPERTY APPRAISER SEMINOLE COUNTY FL 1101 LFlRaTsr BANFORD. FL 32771-1'" <<T1- ecm-7506 GENERAL 03-21-30-5DE-OOOO- .. W1-WINTER Parcelld: 0180 Tax District: SPRINGS Ow CASTALDO ANITA M Exemptions: OO-HOMESTEAD ner: & JOSEPH M Address: 529 LOMBARDY RD City,State,ZipCode: WINTER SPRINGS FL 32708 Property Address: 529 LOMBARDY RD WINTER SPRINGS 32708 Subdivision Name: WALDEN TERRACE Dor: 01-SINGLE FAMILY SALES Deed Date Book Page Amount Vacllmp QUIT CLAIM DEED 0212004 05241 0806 $100 Improved QUIT CLAIM DEED 01/1998 03363 0785 $44,400 Improved FINAL JUDGEMENT 11/1997 03327 0238 $100 Improved WARRANTY DEED 03/1995 02902 1887 $85,400 Improved WARRANTY DEED 03/1978 01159 1583 $34,100 Improved QUIT CLAIM DEED 0111977 01144 0066 $100 Improved Find Comparable Sales within this Subdivision LAND Page I of I 2005 WORKING VALUE SUMMARY Value Method: Number of Buildings: Depreciated Bldg Value: Depreciated EXFT Value: Land Value (Market): Land Value Ag: Just/Market Value: Assessed Value (SOH): Exempt Value: Taxable Value: Tax Estimator Market 1 $87,949 $4,680 $18,000 $0 $110,629 $80,966 $25,000 $55,966 2004 VALUE SUMMARY Tax Value(without SOH): $1,620 2004 Tax Bill Amount: $1,018 Save Our Homes (SOH) Savings: $602 2004 Taxable Value: $54,456 DOES NOT INCLUDE NON-AD VALOREM ASSESSMENTS LEGAL DESCRIPTION PLAT LEG LOT 18 WALDEN TERRACE PB 18 PG 69 land Assess Method Frontage Depth land Units Unit Price land Value LOT 0 0 1.000 18,000.00 $18,000 BUILDING INFORMATION Bid Num Bid Type Year Bit Fixtures Base SF Gross SF Heated SF Ext Wall SINGLE FAMILY 1974 6 1,377 2,196 1,377 CONC BLOCK Appendage 1 Sqft GARAGE FINISHED 1 540 Appendage 1 Sqft OPEN PORCH FINISHED 115 Appendage 1 Sqft SCREEN PORCH FINISHED 1264 Bid Value Est. Cost New $87,949 $101,382 EXTRA FEATURE Description Year Bit Units EXFT Value Est. Cost New POOL GUNITE 1983 450 $4,050 $9,000 COOL DECK PATIO 1983 400 $630 $1,400 OTE: Assessed values shown are NOT certified values and therefore are subject to change before being finalized for ad valorem ax purposes. **" If ou recentl urchased a homesteaded ro e http://www.scpafl.org/pls/web/reweb.seminolecountytitle?PARCEL=0321305DEOOOOOI80&cdor=&c...1/18/2005 ATTACHMENT C a Pro,.ess En8l1lY October 28, 2004 Mr. Roger Lonsway Belle Avenue 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-'fransmission 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, (~'I ""t\ t>r\ G ~... \~, Janice Cannell Operations Support North Central Region ~Jt, ->I' "~',j,:i,:;t;;"'i!tv..';,,,~, , Florida Power - Jamestown . 2801 West State Road 426 . Oviedo. Florida 32765 . Telephone (407) 359-4443 . Facsimile (4.Q7t35Q AAAQ A Pmaf9.~.~ Enerov Comoanv '.l". ':<)-""-":::', '- ~ 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- Wax 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. vfcuv~0[j~ Laurie N. Dunston Manager Transmission Line Engineering Attachments Progress Energy Florida, Inc. 3300 Exchange Place Lake Marv, 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 Corpora.tion 23 16 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. s;rL :f ~ing J Senior Construction Manager Bright House Networks cc: Marvin L. Usry, Jr. ~V Construction Supervisor PJK/vbs ~r.'~cl't;.I~ J.~.~~ I~r:: r-r<:uv 6. '-UI'~:l1 "'7 'l1::J (.)o~'lo.,.~ 1'-40.416 P001f001 @8AI.SOUTH SallSollth T"~m~"lc.t1aft., Inc. RcClll'l 400 600 North Orang. Avonll. OrIanc:lc~, Florida 32801 ornce: 401245-30 15 FtlC: 407 841-6771 p1.r: 800805.8647 Mobile; 407326-5504 Intlmet MIlrIc.LoC"OObllltCulII.cem Mil'll a. I.GC..trD, pI..E. Director - Pravlllcnlng July 13, 2004 Roger Lonsway Belle A venue Corp 2316 Gilbert Mill Rd Cottondale. FL 32431 RE: Vacate 2S. x 113.85' portion of David Dr, between Lot 25 of Walden Terrace and Belle Ave Corp. parcel, Lot 8 Block B Johnson's Poultry Farms. Book 6 Page 8 Seminole County I Florida This letter will serve as our notice that BcllSouth has no conflict. or objection with your request to vacate the above noted Right efWay. Please call 1-800-432-4770, to ha.ve all utilities field located prior to any type efwork commencing. Should you have any questionsl please do not hesitate to call Scon. Lorenz@ 407-302-761 J Sincerely. /" ,-- ~ '-- ~~~.~~ ;I ~?i;(1 f Mark G. LoCastro -r tl' Dire.tor - NllIWork Provislonina jnn, II, P.S.M. lrd, P.S.M. Jarvey, P.E. i L. Gilbert, P.S.M. ) J. Henry, P.S.M. .d B. 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. Lockcu1f; 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 Fann and Walden Terrace and offer the following: - David Drive was created by Johnson's Poultry Farm as q 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 plqt 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. Thanlc for the opportunity to be of continued assistance. Sincer~ly, "Ui'/~1 "~ .' 1 .' , 0 v/i ~/ William L. Gilbert, P.S.M. Project Manager WLG:ead \\Server\admin\DA T A \Corr~\kip Iock.cuff-david drive. doc OFFICE LOCATIONS 6500 All American Boulevard, Orlando, Florida 32810 407 I 292-8580 Fax 407 I 292-0141 e-mail: info@southeasternsurveying.com 1367 B South Railroad Avenue, Chipley, Florida 32428 850 I R~R_n7Qn !:~V a",., I,,->n MM .. . . _ Belle Avenue Corp. P.O. Box 620818 Oviedo, FL 32762 1eI850-260-5438 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: I. 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 NOV - i 2004 CITY OF 'N1NTER SPRINGS Current Planning - - -- ----~-----~---------~----------_._-,---- -~ \.0 Roger Lonsway 2316 Gilbert Mill Road Cottondale, FL 32431 850-638-7412 February 10,2004 Mr. Kipton D. Lockcuff, P.E. Public WorkslUtility 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 of the 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 Works/Utility 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 Sahlstrom 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. \ ~ 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 hope it is helpful to set out the following facts and background infonnation: I. 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 number 04-21-30-511- OBOO-008E. 3. The plat of Johnson's Poultry Farms (PB 6, PO 8) subdivided all of Lot 56 in the Mitchell Survey of the Levy Grant (PB I, PO 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, PO 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. Lockcu1f, P,E. November 20, 2003 Page 2 5. "Evidence and Procedures for Boundary Location" Third Edition by Bro~ 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 centerIine.t' 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 centerIinet 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 logical, 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, pleasecall me at (407) 327 - 5966 or FAX comments to me at (407) 327- 6695. Sincerely, UL C &L- / ;ohn C. Baker, AICP Senior Planner -G. roperty praiser erviees H.W. "Bill" SuberCFA,ASA Your Source fOl' Property InfOl'matioa._ Qu~ COIlnnien4 Accurate .... ... WInter Springs Golf Course \ 11010 \ IIOCIo I-~:: __ \ Ir------- I \ 11011) ) , I I ----------j ~ -----~-- ----- \ \ - GOI& \ \~--~ 0 '813- \_~ IIOIB I " I[ ~ \ \ SetniaoII:Coa~ ~~-co"htfC) I I U \ +-\.... \ I.... 11011) GOI& L ..... D56D 0S5C . Hydrobgy IV' Subdivis.On line!> .---, - 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. ------liftj):77s1111onU3 .scp1il1.orglserVlellcom.esrLesrunap.Esrlmap?ServtC'eNa:me=pareel::::yiew__sd:-=-.~7 131/2064-- ATTACHMENT E CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 14 OF 30 Mayor Bush said, "I think that is a good idea." Commissioner McGinnis noted, "Yes." Commissioner Gilmore commented, "Yes." No objections were noted. Commissioner Blake then mentioned, "You might also be encouraged to review the record from the last couple of developments along [State Road] 434 that have been approved, and some of the process that they have gone through, for a clearer understanding ofthose concerns." Mayor Bush suggested that "Next time, we put them back to back" on the City Commission Agenda. With further discussion, Mayor Bush then noted that "Both this Item [Public Hearings Agenda Item '401'] and [Regular Agenda Item] '503' then will be back to back at the next Commission Meeting." Discussion. Mayor Bush added that the Applicant knows "What they need to bring back and this will be at the first Meeting in January." PUBLIC HEARINGS 402. Community Development Department Presents To The Commission, The First Reading Of Ordinance Number 2004-52, To Vacate And Abandon A Segment Of The David Drive Right-Of-Way (ROW). Mayor Bush stated, "Can we have a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese read Ordinance Number 2004-52 by "Title" only. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 15 OF 30 Ms. Susan Powell, 5381 Red Leaf Court, Oviedo, Florida: addressed the issue of easements on this property. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion followed with Mr. Lockcuff and Attorney Garganese. Discussion. Tape 2/Side B Further discussion. "I WILL MAKE A MOTION THAT WE APPROVE THE ITEM SUBJECT TO RETAINING A - FIFTEEN FEET (15') OF THE TWENTY-FIVE FOOT (25') RIGHT-OF-WAY - HAVE AN EASEMENT OVER THE EASTERLY EDGE, THE ENTIRE - 113.85 - WHATEVER IT IS, FEET NORTH TO SOUTH - PLUS OR MINUS." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 403. Community Development Department - Planning Division And Office Of The City Attorney Requests That The City Commission Hold A Public Hearing For Second Reading Of Ordinance 2004-49 To Consider Amending Chapter 20, Zoning, Of The Code Of Ordinances, As It Relates To Rezoning, Variances, Conditional Uses, Waivers, And Administrative Appeals. Attorney Garganese read Ordinance Number 2004-49 by "Title" only. Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Dr. Neil R. Backus, 110 East Panama Road, Winter Springs, Florida: spoke on his property and possible projects he had planned.