HomeMy WebLinkAbout2005 02 14 Public Hearings 403 Second Reading Ordinance 2004-52, David Drive ROW
COMMISSION AGENDA
ITEM 403
Consent
Information
Public Hearin2 X
Regular
February 14.2005
Meeting
M~y ~~ leA
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 ofthe David Drive ROW, subject to
provision ofa 15 foot wide utility easement over the eastern 15 feet of the 25 foot
wide segment ofthe ROW.
CONSIDERATIONS:
The applicant, Roger Lonsway, President ofthe Belle Avenue Corporation,
requests the City vacate the adjacent segment ofthe 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 (Parcel ID # 04-21-30-511-0BOO-008B, addressed at 1115,
1125, 1135, and 1145 Belle Avenue). 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 of
the applicant's documents from one of the City's surveying consultants,
Southeastern Surveying. This evidence leads us to believe that vacation ofthis
segment ofthe 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
February 14,2005
Public Hearing Item 403
Page 2
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
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.
Staffhas sent certified mail to the owner ofthe one land-locked parcel that could
be affected by this vacation. 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. The
applicant has stated a willingness to grant an access easement over the eastern 15
feet of the subject property to Ms. Carpenter.
Staff has attempted to walk the David Drive ROW, from SR 434 to the subject
property, and found it to be blocked by a series offences.
The applicant telephoned staff, requesting that the January 24 2nd reading be
postponed until February 14. The City Commission postponed the item, as
requested.
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 ofthe city commission shall be done by
ordinance which:
2
February 14, 2005
Public Hearing Item 403
Page 3
(6) Conveyor lease or authorize the conveyance or lease of any land 0 f
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 ofthe 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 of ten (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 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 ofthe David Drive ROW that extends adjacent to the
south 113.85 feet ofthe 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 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 ofthe area to be vacated.
3
February 14,2005
Public Hearing Item 403
Page 4
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 ofthe 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.
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
January 24,2005 - City Commission postponed 2nd reading of Ordinance No. 2004 - 52
RECOMMENDATION:
Staff recommends the City Commission adopt Ordinance No. 2004 - 52, subject to (1) 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 - Maps
B - Proposed Ordinance No. 2004 - 52
C - Utility Provider letters
D - Other Correspondence
E - December 13, 2004, Minutes
COMMISSION ACTION:
4
February 14, 2005
Public Hearing Item 403
Page 5
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NOTES:
Municipal Address Map Book
PRINTED: REVISED:
Oct 2003 1 : 2 :
City of Winter Springs, FL
o 200 400
,..,.,_~ - - I
Scale: ." = 350 teet
3 :
~:Pe 2422
~
Developed By: StJIltMDSUm S"/V~g '* Mapping Corp.
Seminole County Property Appraiser Get InfoTfoj i' Parcel Number
ARCEL DETAIL
DAVID .lOHJI&ON. CF..... AlIA
PROPERTY
APPRAISER
SEMINOLE COUNTYFL
n01 E. FlRSTST
BANFCIRD. FL32771-1468
4a7 -855-7506
GENERAL
26-20-30-5AR-DDOO- .. 01-COUNTY-TX
Parcelld: 055B Tax Dlstnct: 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 Vac/lmp
QUIT CLAIM DEED 02/2000 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:
Just/Market 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 0 0 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 recent! urchased a homesteaded ro e
http://www.scpafl.org/pls/web/reweb.seminolecountytitle?PARCEL=2620305AROD00055B&cdor=&...1/18/2005
Seminole County Property Appraiser Get Information by Parcel Number
~RCE1.. DETAIL
DAVID JOH.NliON., CFA. ABA
PROPERTY
APPJIAI!iER
SEMINOLE QDUNTY FL.
tlO1&:. FIRli'r 1ST
BANFORD, F'1..3277t-t468
4a7 - e&I5 -7506
GENERAL
03-21-30-5DE-Q000- .. W1-WINTER
Parcelld: 0180 Tax District: SPRINGS
O CASTALDO ANITA M Exemptions: OO-HOMESTEAD
wner: & 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
Page 1 ofl
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
1
$87,949
$4,680
$18,000
$0
$110,629
$80,966
$25,000
$55,966
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 01/1977 01144 0066 $100 Improved
Find Comparable Sales within this Subdivision
LAND
land Assess Method Frontage Depth land Units Unit Price land Value
LOT 0 0 1.000 18,000.00 $18,000
BUILDING INFORMA nON
Bid Num Bid Type Year Bit Fixtures Base SF Gross SF Heated SF Ext Wall Bid Value Est. Cost New
SINGLE FAMILY 1974 6 1,377 2,196 1,377 CONC BLOCK $87,949 $101,382
Appendage I Sqft GARAGE FINISHED 1540
Appendage I Sqft OPEN PORCH FINISHED 115
Appendage I Sqft SCREEN PORCH FINISHED I 264
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
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 tax will be based on Just/Market value.
http://www.scpafl.org/pls/web/reweb.seminolecountytitle?PARCEL=0321305DEOOOOOI80&cdor=&c...l/18/2005
ATTACHMENT ,B
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 DA VID
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 DA VID 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 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.
ATTEST:
John F. Bush, Mayor
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
ATTACHMENT C
a Progress Energy
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
itt1he-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,
l~'/
t..t\ ~\ L-
~ ~ \~\
Janice Cannell
Operations Support
North Central Region
~~:
'J'I:~'!;;:;''(i/'If.I';~ ,
Florida Power - Jamestown · 2801 West State Road 426 . Oviedo. Florida 32765 . Telephone (407) 359-4443 . Facsimile
(40:n ~fiQ,,4.449 ,
A Pmal'9.~"I En9fOV ComDRnv
':lo,.",,,,~ .<<
'-
~ Progress Energy
July 7,2004
Roger Lonsway, President
Belle Avenue Corp.
231() 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.
vf(Uv~ 0[j~
Laurie N. Dunston
Manager
Transmission Line Engineering
Attachments
Progress Energy Florida. Inc.
3300 Exchange Place
Lake Mary. FL 32746
bright
house
NETWORKS
844 Maguire Road
Ocoee, FL 34761
Tel 407-532-8596
Fax 407-656-1162
June 9, 2004
Roger Lonsway
Belle A venue CorpOratio11
2316 Ge1bert 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.
SJ~
:f ~ing J
Senior Construction Manager
Bright House Networks
cc: Marvin L. Usry, Jr.~V
Construction Supervisor
PJK/vbs
"""" "_~~""T . -..I. ~..... I 'l~ I - ".....V Qj '-UI '~.;.J 1 7" ~~ (....;lO.-J--+C~-'
I~O.416 P001r001
OIlBLSOUTH
SAIISo"," T"tIllJm,"~"'c.tla"", Itlc.
RcClll\ 400
&00 North Orang. Avenue
Orllndo, Florida 32801
OMce: 407 ~45-30 IS
Fill: 407 848-6711
pI.r: 800808.&647
Mobile; <107325-5554
Intlmet
MIltk.LaCQllOObelltoLlIII.com
MII'k O. LoC.rra, ".E.
Dlrectar - FlrClV'I~"(l
July 13,2004
Roger Lonsway
Belle Avenue Corp
2316 Gilbert Mill Rd
Cottondale, FL 3243 I
0: Vacate 2St x 113.85' portion of David Dr, between Lot 25 of Walden Terrace and
Bene Ave Corp. parcel, Lot 8 Block B Johnson's Poultry Farms, Book 6 Page 8
Seminole County t Florida
This letter will serve as our notice that BcllSouth has no conflict. or objection with your request
to vacate the ahove noted Right of Way.
Please call 1-800-432-4770, to have all utilities field located prior to any type of work
commencing.
Should you have any questions, please do not hesitate to call Scott Lorenz@ 407-302-761 J
Sincerely,
~:>'eee ;( eLM
f. Mark Q, LoCastro
-r j T Director - NelwOl'k Provisioning
)on, II, P.S.M.
lrd, P.S.M.
i~rvey, P.E.
i L. Gilbert, P.S.M.
)J. Henry, P.S.M.
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. 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 offer the following:
- David Drive was created by Johnson's Poultry Farm as a public roadway.
- No right of way was given for David Drive per the Walden Terrace plat.
- Accepted survey principals indicate that Oavid Drive would revert to the adjoiners
within the Johnson's Poultry Farm plat 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 continlled assistance.
Sincer~ly,
/~r-
William 1. Gilbert, P.S.M.
Project Manager
WLG:ead
I IServerladrnin \D A T A ICorresp \kip lockcuff-david drive. doc
OFFICE
.OCATlONS
6500 All American Boulevard, Orlando, Florida 32810 407/292-8580 Fax 407/292-0141 e-mail: info@southeasternsurveyiog.com
1367 8 South Railroad Avenue, Chipley, Florida 32428 850 I R~A_n7Qn j;"v o<:n 1"')0 MM .. . . _
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:
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. Lockcufr s letter listed Sprint, but their staff advised that the subject parcel is not in their service
area.
Roger Lonsway, Pres.
RECEIVED
NOV -1 2004
CITY OF \N1NTER SPRINGS
Current Planmng
Roger Lonsway
2316 Gilbert Mill Road
Cottondale, FL 32431
850-638-7412
February 10, 2004
Mr. Kipton D. Lockcuff, P.E.
Public Works/Utility 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-.638.7412
November 20, 2003
Mr. Kip10n D. Lockcuff, P.E.
Public Works/Utility Director
City ofWm~er 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
Corporatio~ of which r am President, with regard to the vacating of David Drive and its ownership
reverting to Belle Ave. Corp.
\-
1
My intention here is to persuade you that their assertion that the right of way ifvacated should be
divided between the adjoiners 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.
r
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 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 ofthe 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, 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. Lockcuff, P.E.
November 20, 2003
Page 2
5. "Evidence and Procedures for Boundary Location" Third Edition by Brown, Robillard, and
W'tlson 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 halfwas 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
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.
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