HomeMy WebLinkAbout2002 10 28 Public Hearings A Second Reading - Ordinance 2002-30 Vacate and Abandon a Segment of Highland Village One
COMMISSION AGENDA
ITEM A
Consent
Information
Public Hearin
Re ular
x
October 28. 2002
Meeting
Mgr. (l./IDept.f leA
I
REQUEST: Community Development Department presents to the Commission, the second
reading of Ordinance No. 2002-30, which will vacate and abandon a 106.00 foot
long segment of a 5 foot wide utility easement, located along the west side of Lot
9 of Highland Village One (317 Kirkcaldy Lane).
PURPOSE: The purpose ofthis agenda item is to present to the Commission, the second
reading of Ordinance No. 2002-30, which will vacate a 5 foot-wide,
approximately 106.00 foot-long utility easement, located on the west side of Lot
9, Highland Village One, as recorded in Plat Book 29, Pages 66-68 ofthe public
records of Seminole County, Florida. The 10 foot-wide utility easement in the
front and the 15 foot-wide utility easement in the rear of the lot would remain un-
affected.
CONSIDERATIONS:
The applicant, Mr. Brian Mervin, requests the vacation of the portion ofan un-
used platted utility easement that is not needed for utility provision, now or in the
foreseeable future. The applicant's survey depicts a portion of the primary
structure extending into the subject utility easement. The applicant states that the
home was constructed during the 1980's and has requested copies of the approved
building plans. Staff has been unable to locate any building plans for this site.
The tax records indicate that the house was finished in 1986. The City is required
by law to maintain single-family residential building plans for 15 years. Mr.
Mervin is trying to sell his house and needs to have the easement vacated for the
title work. Correspondence from utility providers, the legal description, and a
map are provided as attachments.
APPLICABLE LAW:
October 28, 2002
Public Hearing Item A
Page 2
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 liThe
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 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.
2
October 28, 2002
Public Hearing Item A
Page 3
FINDINGS: 1) Homeowner Brian Mervin requests the City vacate the subject 5 foot-wide
utility easement that extends approximately 106.00 feet along the west side of Lot
9, Highland Village One.
2) A portion of the home has been constructed into the 5 foot-wide utility
easement (depicted in the attached copy of a survey).
3) The Public WorkslUtility Director reviewed this request, affirmed that the
subject easement is not needed (now or in the foreseeable future), and stated that
he has no objection to it being vacated.
4) Letters were received from applicable utility providers, stating no objection to
vacating the easement.
CHRONOLOGY:
September 20, 2002
Request to vacate received by the City.
October 14,2002
First reading of Ordinance 2002 - 30
RECOMMENDATION:
Staff recommends the City Commission consider and approve Ordinance No. 2002-30.
ATTACHMENT:
A - Proposed Ordinance No. 2002-30
B - Survey depicting lot, house, and easement to be vacated
C - Acknowledgement from utility providers
D - Application
COMMISSION ACTION:
3
ATTACHMENT A
~nt By: BRI)WN,WARO,SALZMAN&WEISS,P.A.; 407 425 9596;
Oct-23-02 3:59PMj
Page 2/4
ORDINANCE NO. 1002-30
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, RELATING TO
THE V ACA TION OF A FIVE-FOOT WIDE PLA TIED
UTILITY EASEMENT WITHIN THE CITY OF WINTER
SPRINGS EXTENDING APPROXIMATELY 106' ALONG
TIlE WEST PROPERlY LINE OF LOT 9,BIGHLAND
VILLAGE ONE, AS RECORDED IN PLAT BOOK 29, PAGES
66-68 OF THE PUBLIC RECORDS TN AND FOR SEMINOLE
COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, PROVIDING FOR SEVERABlL11Y; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS. the owner of real property, more particularly described below, has requested
the vacation of a platted utility easement running the length of the westerly boundary of said property;
and
WHEREAS, the City of Winter Springs is not currently using, nor has any plans to use, the
subject utility easement; and
WHEREAS, each provider of utilities. within the City of Winter Springs, has indicated in
writing, a copy of which is on file with the Community Development Department, that it has no
objn~ctjon to the vacation of the subject utility easement; and
WHEREAS, the City Commission of the City of Winter Springs. Florida, hereby finds this
ordinance to be in the best interests oftbe 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. Recitals. The foregoing recitals are hereby fully incorporated herein by this
refe:rence as legislative findings of the City Commission of Winter Springs.
Section 2. Easement Vacation. The City Conunission hereby vacates the five (5) foot
wide platted utility easement extending approximately 106.00 feet along the westernmost side of Lot
9, Highland ViJlage One, as recorded in Plat Book 29, Pages 66-68, of the Public Records in and for
Seminole County, Florida, and as more particularly described on Exhibit "A" of this Ordinante, the
S8l11le being incorporated herein by this reterence.
City of Winter Springs
Ordinance No. 2002.30
Page 1 of 2
!nt By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
Oct-23-02 3:59PM;
Page 3/4
Following adoption of this Ordinance, the same shall be recorded by the City CJerk in the
Land Records for Seminole County, Florida.
Section 3. Repeal or Prior IDcoDsi.tent Ordinances and ResolutjoBs. AU prior
inconsistent ordinances and resolutions adopted by the City Commission. or parts of prior ordinances
and resolutions in conflict herewith. are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection. sentence, clause, phrase. word or
pfClvision of this ordinance is for any reason held invalid or unconstitutional by any ~ourt 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
of1the remaining portions of this ordinance.
Section 5. Effective Date. This Ordinance shall become effective immediately upon
ad()ption by the City Commission of the City of Winter Springs, Florida, and as provided by City
Charter.
A DOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of . 2002.
PAUL P. PARTYKA. Mayor
A lTEST:
ANDREA LORENZO-LUACES. City Oerk
Approved 8S to legal fonn and sufficiency for
tbe City of Wiater Springs only:
First Reading:
Second Reading:
Effective Date:
ANTHONY A. GARGANESE, City Attorney
F :\J),:".It:jly fir Wilur lIrnllPIC.lnIiDllnmW IttlfROWOniNo2OO2.30. wpd
City of Winter Springs
Ordinante No. 2002-30
Page 1 of 2
PLAT OF SURVEy P.uR salAN A. MERVIN
SEMINOL( CQUNTy, FLORIDA
DESC~IPTION .
Lot 9, HIGHLAND VILLAGE ONE, accordin~ to the PIal therepf as record~d 1n plot
Boo k 2.9 I p 3 9 e s 66 t h r 0 ugh 68, 0 f the P u b;l i c: R ~ cor d 5 0 f S em i nO 1 e C (I LI n t Y I F 1 0 r1 d'a.:~,
SURvEYOR'S CERT)FICATE.
This 15 to certify thot a Boundary SWrvey of the above described prop~rty .
was made unoer my direction and the Pl~( hereon Is a corrett repreSentation of
the same ~o the best of my kno~Iedge and belief. The surveyor hh5 not abstracted.
the 1 d n d 5 I) 0 w n her eon for e a s em e n t sri 911 t ' 0 f _ way S 0 r 0 1<.. tte:r '..m a t t e r S 0 f r e cor d \: h d
m~y affect thE": SUQject property. C;piesi of thIs surv;:;!,=-::aj"Ji'I.!:lv,lll1d unless
embossed \o/ltll the seal of the surveyor. I Also C(lrtif=fe.d,::t~(f~"'''gllretten Mort9a9~
Company; and Meridion Title.. j~':!,~::- /
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v. K. mn H, ill S , 16 ~;'~'_ .:---::;::-
v. KELLY SMITH it. ASSOC 1 ATE S',"/'Ql.C", 7'" .....
2018 CHa se Avenue "':"~.:':"'::>."
Sanfor~, Florida '';,,-,''''
407'/~22-22l3
I1OTES;
Property is shown in flood zone C, per FIRM
Panel 6120295 OOOSB, City of Winter Springs,
Florida.
Street address is 317 K!rkcaldy DrIve,
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EXHIB T "A"
A TT ACHMENT B
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SURVEi'OR'j CERTiFiCATE
This is to certify lh~t a Boul1dary Survey of the above described property
wes m2de unoe,' my olrection and the Plel hereon is a correct representation of
the sa~e :0 :he ~es[ of my knowledge ana ~elief. The: surveyor has not abstracted
[ n e : 2.;1 d ~ n J ,vii her e: 0 n for e a 5 em" fl t s, ~ i S '1 [ . 0 f ' \~." Y 5 0 r 0 ~l:tc.~' '.m at t e r s 0 f r e cor d t h a'
"ill' aU"CL t.llE: su:.jecc property. CJpies of tllis surv~~ai.eJif.\v.alid unless
:? m b I) sse,j 0,,' i : 11 the sea 1 0 f (h e sur v C y 0 r . A 1 so c e r t i T-Te d<'i;~{['-!j a r' gar e t ten M 0 r t gag e
COr.lpi.:r.y; ana ~'I~r i cion T j tie. ;;' '--~:'.c .
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V. ;~U.LY SMIT:-: [. ASSOCl.'\TES',-':QI.C\"7' .....
2018 Chase ,iJ,venue ':.~....:'''~',','
San for (j, F 1 0 " i d a
,.07/322-2213
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tlOTE S:
Property is shown in flood zone C, per FIRM
Panel 11120295 00058, City of i-linter Springs,
Florida.
Street address is 317 Kirkcaldy Drive..
Al7oRe-VIATION<?
I. R",C. : RE'COV<i'I':.!?D
2. J. ,r;>. I RON PIPE
? ?C ~ POIf\iT OF
CUR YATUR0
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ATTACHMENT C
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CITY OF WINTER SPRINGS, FLORIDA
Utility I Public Works
Department
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Fax (407) 327-6695
September 12, 2002
TO:
John Baker, Currcnt Devclopmcnt Coordinator
FROM:
Kipton LockcuIT, P.E., Public Works/Utility Dircctor
, I /
j/r'
RE:
Request for Utility Easement Vacation
Lot 9 - Highland Vill~lgC One
5' easement on wcsterly lot line
We have reviewed the request to vacate the 5' utility easement along the west side of Lot
9 of Highland Village One. The Winter Springs Utility Department has no obiection to
the request.
Cc: Jim Olson
~,-~
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FltJrida Power
:\ Progress Energy: >":)P;!:'I','
September 6, 2002
Mr. & Mrs. Brian Mervin
317 Kirkcaldy Dlive
Winter Springs, FL 32708
IRE: Lot 9, HIGHLANDS VILLAGE ONE, accoroding to the plat thereof, as recorded in
Plat Book 29, Pages 66 - 68, of the Public Records of Seminole County, Florida.
Dear Mr. & Mrs. Mervin:
Please be advised that Florida Power Corporation has "no objection" to the vacation and
abandonment of that certain portion of 5 foot wide platted utility easement being more
particularly desclibed as the West 5 feet (side lot) LESS the North 10 feet and South 15 feet
thereof, of Lot 9, HIGHLANDS VILLAGE ONE, according to the plat thereof, as recorded in
Plat Book 29, Pages 66 through 68, of the Public Records of Seminole County, Florida.
If I can be of further assistance, please do not hesitate to contact me.
Very truly yours,
. /) 'I - "\
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- Lori L. Herring' 7"
Land Agent
Nor1h Central Region
,JArv1[srOWN ENGINEERING. 2[101 West Slola I<oorj 1126. Ovicclo. FloricJo :l27()5. Ie Ie phone (1107) 35<).111129 .
Fucsirnila (11[J!) :l~)(i.1111119
1\ noriCICl fJrooross COIII{Jonv
September 6th, 2002
~ Florida
Public
. Utilities
Company
tf~fJllliP~;Jtift&;(Ij--
.,,- 450 South Highway 17-92
DeBary, FL 32713
(386) 668-2600
(386) 668-2692 fax
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;~~1~-;~;;
.~ "
Jim Olson
605 Anhinga Road
Winter Springs, FL 32708
Re: Vacate side easement-317 Kirkcaldy Lane, Winter Springs
Dear Mr. Olson:
Florida Public Utilities Company has no objections to the petition to vacate that certain 5 foot
wide utility easement adjoining the westerly lot line of Lot 9, HIGHLAND VILLAGE ONE,
according to the plat thereof, as recorded in Plat Book 29, Pages 66 through 68 of the Public
Records of Seminole County, Florida.
If you have any questions or need additional infom1ation, p1.ease feel free to call.
~e~/ /
~1<~~
Engineering Manager
Central-Florida Division
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\:. COMMUNICATIONS
September 13. 2002
James Olson Realty
605 Anhinga Road
Winter Springs, Florida 32708
Re: !~~!.:;.!i::;~ f0t;: \./acat:G:~ of l!tUity Enscn1cnt
SECTION 34, TOWNSHIP 20, RANGE 30
Dear Mr. Olson,
Time Warner Communications has reviewed your request for a Vacation of Utility Easement described as,
The 5' "Side" Utility Easement located adjacent to the westernmost property line of 317
Kirkcaldy Drive, Winter Springs.
Time Warner Communications has "NO OBJECTION" to the Vacation of a Utility Easement described
above.
I'kasc Ju I1UI hoildle IU call1llc at (407) 532-8508 should have any additional questions or concerns.
:'~;I
P.J. King,,!
Time Warner COllllllunications
Construction Manager
,,V
I~C: rv1ar\;~n:__ Usry, Jr. -{v\.J...U
ConstructiOI1 Supervisor
1'./ K/vbs
@ BEfLLSOUr;-i
BeIlSouth Telecommunications, Inc.
Room 400
500 North Orange Avenue
Orlando, Florida 32801
Office:
Fax:
Pager:
Mobile:
Internet
Mark. G. LoCastro@bridge.bellsouth.com
407 245-3015
407 648-5771
800806-8547
407 325-5584
Mark G. LoCastro, P.E. ,
Director - Provisioning .
September 12, 2002
Jim Olson
605 Anhinga Rd.
Winter Springs, FL 32708
RJS: 317 Kirkcaldy Dr.
Seminole County, Florida
This letter will serve as our notice that BellSouth has no conflict, or objection with your request
to vacate the above noted easement, per your request dated 9/03/02.
Please call 1-800-432-4770, to have all utilities field located prior to any type of work
commencmg.
Should you have any questions, please do not hesitate to call Martin D. Nosie at (407) 327-0447.
Sincerely,
,.
.
H~ttS~
Mark G. LoCastro
Director - Network Provisioning
mdn
------
ATTACHMENTD
BOARD OF ADJUSTMENT APPLICATION
CITY OF ~iNTER SPRINGS
1126 EAST STATE ROAD 434
WINTER SPRINGS. FL .32708-2799
(407)327-1800
"02:
SPECIAL EXCEPTION
VARIANCE
'CONDITIONAL USE
ADMINISTRATIVE DECISION
..:.t- V A C A 1" C EJ-I <; &"/0' T
1.
APPLICANT:
PHQNE
, "
" 1)>-
. }(/).,
t{-<./{J /Jfl.J2..~ '~ .
ADDR:~SS :
PURPOSE OF REQUEST:
0l-91/-5729
3. ATTA:H A COPY OF THE PARCEL SURVEY.
4. ATTACH AN 11 x 17 MAP S~OWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
5.
s.e.~ S~/~~tft.
5. TAX PARCEL IDENTIFICATION NUMBER:' 3<f-2c-:Jo-'S2'1-o~oo- 0090
ATTACH LEGAL' DESCRIPTION.
7. LOO.TION
Streets):
Cross
8. PRESENT ZONING:
FUTURE ,LAND USE:
3y Signing below I understand that City of ~inter Sp~ings Officials
may enter upon my property to inspect that portion as relates tc
this application:
the owner of the subject property, the
a letter of authorization signed by the
,'?5
rall:l Memiu
\-1. Memin ,,') .1
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ORDINANCE NO. 2002-30
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CITY OF WINTER SPRINGS
CITY HAJ..L
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, RELATING TO
THE VACATION OF A FIVE-FOOT WIDE PLATTED
UTILITY EASEMENT WITHIN THE CITY OF WINTER
SPRINGS EXTENDING APPROXIMATELY 106' ALONG
THE WEST PROPERTY LINE OF LOT 9, HIGHLAND
VILLAGE ONE, AS RECORDED IN PLAT BOOK 29, PAGES
66-68 OF THE PUBLIC RECORDS IN AND FOR SEMINOLE
COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner of real property, more particularly described below, has requested
the vacatioQ. of a platted utility easement running the length of the westerly boundary of said property;
a.nd
WHEREAS, the City of Winter Springs is not currently using, nor has any plans to use, the
subject utility easement; and
WHEREAS, each provider of utilities, within the City of Winter Springs, has indicated in
writing, a copy of which is on file with the Community Development Department, that it has no
objection to the vacation of the subject utility easement; 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
~' .
,-,pnngs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Easement Vacation. The City Commission hereby vacates the five (5) foot
wide platted utility easement extending approximately 106.00 feet along the westernmost side of Lot
9, Highland Village One, as recorded in Plat Book 29, Pages 66-68, of the Public Records in and for'
Seminole County, Florida, and as more particularly described on Exhibit "A" of this Ordinance, the
same being incorporated herein by this reference.
City of Winter Springs
Ordinance No. 2002-30
Page 1 of 2
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FILE NUM 2002964950
OR BOOK 04573 PAGE 1687
Following adoption of this Ordinance, the same shall be recorded by the City Clerk in the
Land Records for Seminole County, Florida.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. 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 5. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and as provided by City
Charter.
. 'i~~t ,.
ADOPTED by the City Commission of the City of Winter Spr~ngs, FloriCtll, 'in a regular
meeting assembled on the 28thdayof October '2002.
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NZO-LUACES, City Clerk
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First Reading: . October 14. 2002
Second Reading: October 28. 2002
Effective Date: Oct'ober 28. 2002
Approved as to legal form and sufficiency for
the Ci f Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
F :\Docs\City of Winter Springs\Ordinances\ V acateROWOrdNo2002-30 _2. wpd
City of Winter Springs
Ordinance No. 2002-30
Page 2 of 2
-~
, 'FILE. NUM 2002964950
PLAT or SURVEY ~OR SilIAh A.!?ft.R~OK 04573 PAGE 1688
V SEMINOLE C~UNTY, FLORI A(< .
DESC~IPTION ." ,. .
lot 9, HIGHLAND VILLAGE ONE, ~ccordin~ tO,the Plat there9' as recorded In.PI~t
Book 2', Pages 66 through 68 of tne Pub~ic Retards of Seminole County, Flor)d8.
. ' 'SURVEYOR'~ CERnFlCATE.
This is to certify th~t a '80undary S~r~ey of the above descrfbed property
was made unaer my dIrectIon and. the Plti hereon Is a correct represent~tjon of
the same to the be~t'of my knowledge and belief. The surveyor h&s not abstracteo
the land snown hereon for easements ri~I1t..ot.ways or okt'tc;r'.matters of record \;ha'
may affect the suC/ject property. C;Pie~ of thiS surv~=;'aJ.e"'1.~v,aljd unless
embossed witl) the Hal of the survQyor. Also certi0d-:~tr=:Ma~garetten Mortgage
Company; and Merldhn Title. . ;: .";'''::- ,,'
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V. . MJ~H, RLS 'l6~~-'.';: "'"':\,
V. KElLY SMITH It. ASSOCIATES','.,;-QtC7,~':" .....
2018 Ctlase Avenue .',::"~~-:'::,'~."
Sanfor~, florida '., ..-..',.
407'/PZ2-2213
HOTES;
Property is shown in flood lOne C. per fIRM
Panel 1120295 00058, City of ~1nter Springs,
F1 or ida.
Str~et address is 317 K!rkcaldy DrIve. .
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