HomeMy WebLinkAbout2001 05 29 Public Hearings C First Reading - Ordinance 2001-36 Vacate and Abandon a Portion of First Street
COMMISSION AGENDA
ITEM C
Consent
Information
Public Hearin
Re ular
x
May 29.2001
Meeting
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leA
REQUEST: The Community Development Department presents to the Commission for their
action the First Reading of Ordinance No. 2001-36 which will vacate and
abandon a portion First Street located northeast of State 434 in the current Town
Center District and recorded in Plat Book 1, Page 5, 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. 2001-36 which will vacate and abandon a
portion of First Street in the Town Center District. This action is necessary to
complete contract obligations and schedule closing on the Blumberg property to
purchase rights-of-way for Hickory Grove Park Boulevard and the east-west
connector road.
CONSIDERATIONS:
The vacation of this right-of-way will allow the City to further the goals,
objectives and policies for the Town Center. Vacating this portion of the right-of-
way on First Street is necessary to coordinate the purchase of the additional right-
of-way needed for the proposed Hickory Grove Park Boulevard and the east-west
connector road.
May 29,2001
PUBLIC HEARING AGENDA ITEM C
Page 2
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 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
May 29, 2001
PUBLIC HEARING AGENDA ITEM C
Page 3
full in a properly indexed book kept for that purpose all such ordinances and
resolutions.
FINDINGS: 1) The City is administratively vacating the right-of-way to re-align the First
Street intersection with State Road 434 to be more advantageous for the Town
Center.
2) The property on both sides on the right-of-way are within the City of Winter
Springs and are owned by Mr. And Mrs. Blumberg.
3) The Public WorkslUtility Director reviewed this request and affirmed that the
subject right-of-way was not needed and that he has no objection to it being
vacated and abandoned.
4) The purchase agreement to acquire the Hickory Grove Park Boulevard and
east-west connector road require the vacation of a portion of First Street prior
to closing.
5) Letters were sent to utility agencies on May 22, 2001 to request permission to
vacate the right-of-way.
RECOMMENDATION:
The recommendation is that the City Commission move proposed Ordinance No. 2001-35 to a
Second Reading.
ATTACHMENT: A - Proposed Ordinance No. 2001-36 (Legal DescriptionlMap)
B - Acknowledgement from Utility Companies will be included in the
Agenda item package for Second Reading.
COMMISSION ACTION:
ATTACHMENT A
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
May-22-01 8:41AM;
Page 2/5
ORDINANCE NO. 2001-36
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
FLORIDA, VACATING, ABANDONING AND CLOSING
THAT PORTION OF FIRST STREET AS DEPICTED ON
EXHIBIT 1 AND LEGALLY DESCRIBED ON EXHmIT 2, AS
RECORDED IN PLAT BOOK 1, PAGE S, PUBLIC RECORDS
OF SEMINOLE COUNTY, FLORIDA, PROVIDING FOR
CONFLICTS, SEVERABILITY AND EFFECIlVE DATE.
WHEREAS, the City Commission ofth~ City of Winter Springs, Florida finds that the
City has no public use ofthe aforementioned portion of First Street; and
WHEREAS, the City Coriunission of the City of Winter Springs, Florida, hereby finds
this ordinance to be in the best interests of the public health, ~arety, amI welfare of the citizem; of
Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Vacation ofRight-of-Wsy. The City hereby vacates, abandons and c1o!\e~ that
portion of First Street described on Exhibit 2.
Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
resolutions in conflict her~with, are hereby repealed to the extent ofthe conflict.
Section 3. Incorporation Into Code. This ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph number or letter and any heading may be changed
or modified as necessary to effectuate the foregoing.
Section 4.
Severability. If any section, subsection, sentence, clause, phrase, word or
City ufWinlcr SpringS
Ordinance No. 2001-36
Pagc 1 of 2
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.;
407 425 9596;
May-22-018:42AM;
Page 3/5
provision of this ordinance is for any reason held invalid Or unconstitutional by any court of
l:()mpel~nljurisdiction, 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.
Sectiun 4. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of ____~. .
,2001.
PAUL PARTYKA
Mayor
ATTEST:
ANDREA LORENZO-LlfACES
City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only
Anthony A. Gargancsc, City Attorney
First Reading:
Second Reading:
Effective Date:
F:\DOCS\CityofWintet Springs\Ordinllllccs\Voc~lj()n -Pirsl Slrc:t:l- Blumlll:rx.kj
City of Winter Springs
Urdinance No. 2001-36
Page 2 or 2
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Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
May-22-01 8:42AM;
Page 5/5
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LEGAL DESCRIPTION OF PORTION OF FIRST STREET TO BE
VACATED BY THE CITY OF WINTER SPRINGS
FIRST STREET RIGHT-OF-WAY VACATION
DESCRJPTION:
That part otLot 28 BlocJc -nil. D.R. MlTCHELL'S SURVEY OF THE LEVY GRANT ON LAKE
JESSUP aI recorded in I>>lat BQok 1, p. 5 of the Publie R<<ords of Seminole C<nmty, Florida. more
particularly d~Oed as fo1Jows:
Commence at tbe NorthweJt comer of said Lot 28. BIoclc "B". D.ll MITCHELL'S SURVEY OF
TIrE LEvY GllANT ON LAKE JESSUP as reeordcd in said Public R.ec:ocds said pow beiDa .
~vered 3/4 inch iron pipe; tb::oec run.S 18~58'28" W along the West line ofsaid Lol28 a distan<:o
of 720.17 feetto1hoNonh Rigbc otWay.1ine of First Street (a 30 !oot unopened right of way) aDd
the POINT OF BEGINNING; thence run S 71024"0511 E along said Nonb right otway Hoe.for .
distance of 423.48 feet; thence S 65*3718'" W a dl$t~ of 44.01. feet; thence N 11.2-4'O5~ W a
distanee ot 452.60 feet to a point on tho NortheutcrJy Right otWay line ofStatCl R.oad 434 per
Ftorida Departmeut of Transportation Right of Way Map Section n070-2516; said point bdng CD
& Non Tangem ~ ~ Northeasterly hA'Ying II radit.u af38436.74 feet and _ chon! bearina of
N 38038'21'" W; thence run Notthwest4:riy along the arc of said curve through. central angle of
ooo04'S7" for an ace distmec of 55.44 feet to Ii point of Non Tangcocy; S4id point lying on the
afom-nffltioned North RigJu of Way line ofYltst Street; thence run S 71 *24 'OS" E along said North
Right of Way' line tOt a disr,"<<) of 107.94 feet to the POINT OF BEGINNING.
EXHIBIT
1:2
:Cl~:;..~t:r-t)'t~{) J~D'PE:.H &; J.~.L~6:Fb~L
ATTACHMENT B
Memorandum
To:
Charles Canington
From:
Tracy Crowe
Date:
OS/22/01
R~::
Utility Company Responses
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~~~~f~:r~questing permission to vacate the right-of-way were sent to the respective
H~~!ilX"8Bwpanies today. Letters from utility companies will be provided in the City
*Bmmr,*~ioners packages for the Second Reading.
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