HomeMy WebLinkAbout2001 06 11 Public Hearings H Second Reading - Ordinance 2001-36 Vacate and Abandon
COMMISSION AGENDA
ITEM H
Consent
Information
Public Hearin2 X
Re2ular
June 1 L 2001
Meeting
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REQUEST: The Community Development Department presents to the Commission for their
action the Second Reading of Ordinance No. 2001-36 which will vacate and
abandon a portion First Street located northeast of State 434 in the Town Center
District and recorded in Plat Book I, 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 Second 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.
CONSIDERA nONS:
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.
June 11,2001
PUBLIC HEARING AGENDA ITEM H
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 of ten (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.
June 11,2001
PUBLIC HEARING AGENDA ITEM H
Page 3
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 of the right-of-way are within the City of Winter
Springs and are owned by Mr. and Mrs. Blumberg.
3) The Public Works/Utility 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.
RECOMMENDA TION:
The recommendation is that the City Commission approve Ordinance No. 2001-35.
ATTACHMENT: A - Proposed Ordinance No. 2001-36 (Legal Description/Map)
B - Acknowledgement from Utility Companies
C - Legal Ad
COMMlSSION ACTION:
ATTACHMENT A
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ORDINANCE NO. 2001-36
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
FLORIDA, V ACA TING, ABANDONING AND CLOSING
THAT PORTION OF FIRST STREET AS DEPICTED ON
EXHIBIT 1 AND LEGALLY DESCRIBED ON EXHIBIT 2, AS
RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS
OF SEMINOLE COUNTY, FLORIDA, PROVIDING FOR
CONFLICTS, SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida fmds that the
City has no public use of the aforementioned portion of First Street; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby fmds
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. Vacation of Right-of-Way. The City hereby vacates, abandons and closes that
portion of First Street as depicted on Exhibit 1 and legally described on Exhibit 2.
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
resplutions 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
City of Winter Springs
Ordinance No. 2001-36
Page I of 2
'i
validity of the remaining portions ofthis ordinance.
Section 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 29th day of May
,2001.
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PAUL PARTYKA', .' '..z1' ,.
~ayor '
A~TEST:, /
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ANDRE"k
City.--cterk
NZO-LUACES
o legal form and sufficiency for
I r Springs only
thony A. Garganese, City ttorney
First Reading:
May 29, 2001
Second Reading:
June 11, 2001
Effective Date: June 11, 2001
F:\DOCS\City of Winter Springs\Ordinances\Vacation - First Street - Blumberg.kj
City of Winter Springs
Ordinance No. 2001-36
Page 2 of 2
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EXHmIT 3
LEGEND
State Acq . . .
C" Ulsltlon Parcel .0
tty Acquisition P Sm-
Option A arcels-----'O
P greement---
edestrian Bas ---------.0
P 11' ement
to b10n of First Street
o e vacated
SCALE
1"
= 200'
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LEGAL DESCRIPTION OF PORTION OF FIRST STREET TO BE
VACATED BY THE CITY OF WINTER SPRINGS
FIRST STREET RIGBT-OF-WAYVACATION
DESCRIPTION:
That part of Lot 28 Block "B", D.R MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE
JESSUP as recorded in Plat Book: I, Page 5 of the Public Records of Seminole County, Florida, more
particularly described as foJJows:
Commence at the Northwest comer of said Lot 28, B10clc "B". DJl MITCHELL'S SURVEY OF
TIIE LEVY GRAN! ON LAKE JESSUP as recorded in said Public Records $aid point being a
recovered 3/4 inch iron pipe; thence runS 180S8'28" W aJongthe West line of said Lot 28 a distance
of 720.17 feet to the North Right of Way. line of First Street (a 30 foot unopened right of way) and
the POINT OF BEGINNING; thence run S 71024'05" E along said North right of way JineJor a
distance of 423.48 feet; thence S 65037'18" W a distance of 44.01 feet; thence N 71 024'05" W a
distance of 452.60 feet to a point on the Northeasterly Right of Way line of State Road 434 per
Florida Department of Transportation Right of Way Map Section 77070-2516; said point being on
a Non Tangent cwve concave Northeasterly having a radius of38436.74 feet and a chord bearing of
N 38038'21" W; thence run Northwesterly along the arc of said curve through a central angle of
00004'57" for an arc distance of 55.44 feet to a point of Non Tangency; said point lying on the
aforementioned North Right of Way line of'F'ltst Street; thence run S 71 024'05" E along said North
Right of Way line for a distance of 107.94 f~t to the POINT OF BEGINNING.
EXHIBIT
:Cl~~'Y/T:Ol~{) J~.O'PER & i~L%.J~:gjf]j1Ll.
ATTACHMENTB
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~ TIME WARNER
'" COMMUNICATIONS
May 31, 2001
Tracy Crowe
City of Winter Springs
1126 State Road 434
Winter Springs, Florida 32708
Re: Request for the Vacation of Right of Way
SECTION 36, TOWNSHIP 20, RANGE 30
Dear Ms. Crowe,
Time Warner Communications has reviewed your request for the Vacation of Right of Way described as;
That portion of the 30' wide unimproved First Street RightofWay as recorded in Plat
Book I, Page 5 of the Public Records of Seminole County and specifically described
in your correspondence dated May 22, 200 I.
Time Warner Communications has "No Objection" to the Vacation of Right of Way as described
above.
Please do not hesitate to call me at (407) 532-8508 should you have any additional questions regarding this
matter.
Sincerely,
ft,
P.J. King
Time Warner Communications
Construction Manager
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cc. Marvin L. Usry, Jr. ...f'J.
Construction Supervisor
PJK!vbs
lil//f' Hi,,.,t,'j I 'lfrlj',/tllJl/r I' \,,1. ,.' ,.. :."./. /',I,Il//', ,1111' i :,.,.'./,. 1)/II\f,JI/
830 west 6th Street
Sanford, FL 32771
.(4~7) 32?-5733; .
(407).323-4354 fax
May 23rd, 2001 .
Tracy Crowe
City of Winter Springs
1126 State Road 434
Winter Springs, Florida 32708
RE: Vacate Portion of First Street
Dear Ms. Crowe:
Florida Public Utilities has no objection to the petition to vacate that certain 30 foot wide portion
of First Street located in that part of Lot 28, Block B, D.R.MITCHELL'S SURVEY OF THE
LEVY GRANT ON LAKE JESSUP, as recorded in Plat Book 1, Page 5 of the Public Records of
Seminole County, Florida, as shown on the attached Exhibit 1 and beirl'g more p~icularly
described on the attached Exhibit 2.
If you have any questions or need additional information, please feel free to. call.
~_/
~P.Scn~~
Senior Engineer
Central-Florida Division
Attachments - Vicinity Map (Exhibit 1)
- Legal Description (Exhibit 2)
ATTACHMENT C
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COMMUNr.tr DEVELOPMENT DEPARTMENT
LEGAL AD,VERTISEMENT COVER SHEET
c5";~9- 0/
DATE:
GENERAL lNFORMATION:
Community Development Department
v1llanning _ Building.
_ Code Enforcement _ Engineering
Drafted By: 7A-~ ~
Publish Date(s): ~ / J ~ OC) /
t:7 '
Advertisement Title: ~~ tJ j/ ~
Submitted By:
Division:
Number of Pages: 0
Publication:
~ Orlando Sentinel
o Seminole Herald
o Other
~ne Product(Seminole County)
o Full Run (5 Counties)
NEWSPAPER REQUIREMENTS:
o 18 Point Headline
o Advertisement must be a minimum of 2 columns wide x 10" long
Reviewed By:
Charles C. Carrington L Date: S~ <S.-c/ (
Anthony Garganese
Date
NOTICE OF CONSIDERATION OF RIGHT-OF-WAY VACATION
CITY OF WINTER SPRlNGS
NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS WILL HOLD A PUBLIC HEARING FOR SECOND READING
OF ORDINANCE 2001-36 CONCERNING ABANDONING AND CLOSING AN
EXISTING UNUSED RIGHT-OF-WAY LOCATED NORTH OF STATE ROAD
434 AND WEST OF TUSKA WILLA ROAD AND GENERALLY DEPICTED ON
THE MAP BELOW.
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WINTER SPRINGS
POST OFFICE
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WINTER SPRINGS
CITY HALL
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THE TITLE OF THE PROPOSED ORDINANCE IS "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 EXHIBIT 2, AS RECORDED IN PLAT BOOK
1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA,
PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE."
THIS PUBLIC HEARING ON THE PROPOSED RIGHT-OF-WAY VACATION
WILL BE HELD ON JUNE 11,2001 AT 6:30 P.M. AT THE WINTER SPRINGS
CITY HALL IN THE CITY COMMISSION CHAMBERS AT I 126 EAST STATE
ROAD 434, WINTER SPRINGS, FLORIDA. INTERESTED PERSONS MAY
ATTEND AND BE HEARD.
A COMPLETE METES AND BOUNDS LEGAL DESCRIPTION OF THE
SUBJECT PROPERTY AND THE ORDINANCE PERTAINING TO THE ABOVE
MAY BE OBTAINED FROM THE OFFICE OF THE CITY CLERK, AT CITY
HALL, 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. FOR
MORE INFORMATION CALL 327-1800 # 227.
PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN
ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE
RELATIONS DEPARTMENT COORDINATOR 48 HOURS IN ADVANCE OF
THE MEETING AT (407) 327-1800 # 236.
THIS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY DECISION
OR RECOMMENDATION MADE BY THE CITY COMMISSION WITH
RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, YOU WILL
NEED A RECORD OF THE PROCEEDINGS, AND, FOR SUCH PURPOSES,
YOU MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED.
ANDREA LORENZO-LUACES
CITY CLERK