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Home My WebLink About2002 09 23 Public Hearings E Second Reading - Ordinance 2002-27 Vacate and Abandon COMMISSION AGENDA ITEM E Consent Information Public Hearing X Regular Mgrofl/ /Dept!~A September 23.2002 Meeting REQUEST: Community Development Department presents to the Commission, the second reading of Ordinance No. 2002-27, which will vacate and abandon a 66.65 foot long segment of a 5 foot wide utility easement, located along the west side of Lot 10, the Reserve at Tuscawilla, Phase I-A. PURPOSE: The purpose of this agenda item is to present to the Commission, the second reading of Ordinance No. 2002-27, which will vacate a 5 foot-wide, approximately 66.65 foot-long utility easement, located on the west side of Lot 10, Reserve at Tuscawilla, Phase I-A, as recorded in Plat Book 58, Pages 99-100 of the public records of Seminole County, Florida. CONSIDERATIONS: The applicant, Austin Homes, requests the vacation of the portion of an un-used platted utility easement that is not needed for utility provision, now or in the foreseeable future. The applicant states that the home buyer requests a retaining wall be constructed within this area of the lot. City policy prohibits constructing a retaining wall in an easement. Correspondence from utility providers, the legal description, and a map are provided as attachments. A similar situation occurred in Parkstone. However, in that situation, the retaining wall was determined necessary for maintaining the structural integrity of the house. APPLICABLE LAW: CHARTER. ARTICLE IV. MAYOR AND CITY COMMISSION Sec 4.14. Actions requiring an ordinance. September 23,2002 Public Hearing Item E Page 2 . 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 full in a properly indexed book kept for that purpose all such ordinances and resolutions. FINDINGS: 1) Austin Homes requests to vacate the subject 5 foot-wide utility easement that extends approximately 66.65 feet within Lot 10, the Reserve at Tuscawilla, Phase I-A, along a portion of its west side. 2 September 23,2002 Public Hearing Item E Page 3 2) The Public WorkslUtility Director reviewed this request and affirmed that the subject easement is not needed (now or in the foreseeable future) and that he has no objection to it being vacated. 3) Letters were received from applicable utility providers, stating no objection to vacating the easement. CHRONOLOGY: July 11, 2002 Request to vacate received by the City. September 9,2002 - First reading of Ordinance No. 2002 -27. RECOMMENDATION: Staff recommends the City Commission consider and approve Ordinance No. 2002-27. ATTACHMENT: A - Proposed Ordinance No. 2002-27 B - Acknowledgement from utility providers COMMISSION ACTION: 3 ~nt/~y: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596j Sep-4-02 5:18PM; Page 2/4 ATTACHMENT A ORDINANCE NO. 2002-27 AN ORDINANCF. OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE V ACA nON O}' A UTILITY EASEMENT WlmlN THE CITY OF WINTER SPRINGS LOCATED ON LOT 10, RESERVE AT TUSKA WILLA, PHASE I-A, AS RECORDED IN PLAT BOOK 58, PAGES 99-100 OF THE PUBLlC RECORDS IN AND FOR SEMINOLE COUNTY, FI.ORWA; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AN 0 RESOLUTIONS; PROVIDJNG }"OR SEVERABILITYj AND PROVIDING FOR AN EFFECTIVE DA TE. 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 objection to the vacation of the subject utility easement; and WHEREAS, the City Commission of the City of Winter Springs, Horida, 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 CJTV COMMISSION OF TUE CllY OF WINTER SPRINGS HEREBY ORDAINS. AS FOLLOWS: Section t. Recitals. The foregoing recitals ar.c hereby fully incorporated herein by this reference as legislative findings of the City Commission of Winter Springs. ~CtioD2. Easement Vacation. TheCityComntission, maccordance with Section 17-27 of the City Code. hereby vacates 66.65 feet of the five (5) foot wide utility easement located along the westernmost side of Lot 10, Reserve at Tuskawilta, Phase l-A, as Recorded in Plat Book 58, Pages 99 - 100, of the Publie Records in and for Seminole County, Florida, and as more particularly desCribed on Exhibit .. A" of this Ordinance, the samc being incorporated herein by this reference. City of Winter Sprill&$ Ordinuncc: No. 2002.27 Pa€c I of 2 ~nt By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Sep.4-02 5:19PMj Page 3/4 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 Intonsistent OrdiIDan~e$ 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 n~ason. such ponion shaH 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 Dale. This Ordinance shall become eflectivc immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and as provided by City Charter. ADOPTED by t.he City Commission of the City of Winter Springs, Florida. in a regular meeting assembled on the _ day of. , 2002. A TTIt:ST: PAUl, P. PARTYKA Mayor ANDREA LORENZO-LUACES City Clerk Approved as to legal form and sufficiency for the City of Winter Springs 'only: Anthony A. Ga~anese, City Attorney First Reading: _...... Second Reading: Effective Date: City l)[ Winter Spring~ On1inuncc No. 2002-21 PAll" 2 ..r 2 I ~ ~ . :.'.'~;::;;~\",~I"i~t:tc;.t~~-':~t:7,.,'.;..:~~'i';},~:~~~~~~lli Z5.00' 4lrii'so' if.ii' lln' 2a:s- ii-i~i {25. DO" 15' 4.f ~6' 34. 35' 17. zg. 3.l. 2A' 1l~"1-3l1. rE ~ J ~ (!j) (,u\.) ;;-ff' o i' '-I ~ V/ i ~ .jf;~ ,.: '1/' . -..~ / i ~, .I . ,.\ ..r / ~--{ / j. (~ ~" ilL' . . ."?i?~~?o! ~ =:.,. ~~..~ t3 U UT i1 is. 00" .. QR _ S!7" 4" .r" E I I ----- ~ r. l 8W 1.1. , ... SftiIIQ 1& ... 7&11 !i ~ ! j 2 JMt1'1t tcltsElIfIT IQft 2& AAEl -- ~8_ ~~~ _.. ...J I / I / {~ -..'" UlC.Inlll ~ U WIlE !IF ... IADINI. 'In . CAEBS lIIIf s.\IllD IV 15111I F\Ar IODX 5U'ASE5 1.1. lJ l 1.1 C ,,~t~o ~ 1t$CNo(,Jr Art" ~~i =~; ..... ~i (; II -c C 1\ Co; .' . sar15' 07' ., 83.00' + OR - lJ , ~ - --.. ~I , , 4 ,oa. .;-- . 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IlIlIl1lltlGln...l\' U ~ uc. ._tr_ , II <l: <t ~ ~ , ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-6695 July 26, 2002 TO: John Baker, Current Development Coordinator /./~ Kipton Lockcuff, P.E., Public Works/Utility Director FROM: RE: Request for Utility Easement Vacation Lot 15 - Parkstone Unit 1 We have reviewed the request to vacate the 5' utility easement along the west side of Lot 10 of the Reserve at Tuscawilla. The Winter Springs Utility Department has po obiection to the request. Cc: Larry Coleman, Austin Homes Florida Po er "Progre:SsEilergy G:mllin,,,y RE~~""eD July 18, 2002 J U L , 9 2002 en-v Ul" V'..iN: l 1< :.;;....,'ING~ BlJ\l_OIN(;~ l>lYAHTMENT ~ Mr. Larry Coleman Austin Homes 800 Westwood Square Oveido, FL 32765 RE: Lot 10, THE RESERVE AT TUSCAWILLA PHASE 1, according to the plat thereof, as recorded in Plat Book 48, Pages 31 - 40, of the Public Records of Seminole County, Florida. Dear Mr. Coleman: Please be advised that Florida Power Corporation has "no objection" to the vacation and abandonment of those certain portions of 5 foot wide platted utility easement being more particularly described as the West 5 feet and the South 5 feet of the West 160 feet, of Lot 10, RESERVE AT TUSCA WILLA PHASE 1, according to the map thereof, as recorded in Plat Book 48, Pages 31 - 40, of the Public Records of Seminole County, Florida. If I can be of further assistance, please do not hesitate to contact me. ve?, truly y~urs, , ) ~&u- 3f'~/Y?r Lori L. Herring Land Agent North Central Region JAMESTOWN ENGINEERING. 2801 West Slate Road 426 . Oviedo. Florida 32765 . Telephone (407) 359.4429 . Facsimile (407) 359.4449 A Florida Progress Company , . 1: I 1 I ;f W @ BEILLSOUTH BeIlSouth Telecommunications, Inc. Room 400 500 North Orange Avenue Orlando, Florida 32801 Office: Fax: Pager: Mobile: Internet Mark. G .LoCastro@bridge.bellsouth.com 407245-3015 407 648-5771 800 806-8547 407 325-5584 Mark G. LoCastro, P.E. Director - Provisioning July 18, 2002 RIC".e.' 'EO Jut 1 q 2002 Larry Coleman Austin Homes 800 West Hwy. 426 Suite E Oviedo, FL 32765 . .,..,.'. ~:.j"I-<Jl""IGS \jlr'( (J\;.'\l-ic OEPAHTMENT 0\,.1\\-' RE: Utility Easement Vacation The Reserve at Tuscawilla, Lot 10, south property line. This letter will serve as our notice that BellSouth has no conflict, or objection with your request to vacate the above noted utility easement, per your request dated 6/25/2002. 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, ~~ Mark G. LoCastro Direcor - Network Provisioning moo 07/25/2002 08:34 4075551152 TIME WARNER OCOEE PAGE ell/0! R44 Ma/?,/it'(, {((Jael Ow(!e, FIi'/'icla 34'?M-29/6 rei 407-532-85'J<'! Fax 407-05fJ-I/62 ~ TIME WARNER " COMMUNICATIONS July 25, 2002 Lawrence 1. Coleman Austin Homes 800 West Highway 426 Suite E Oviedo, Florida 32765 Re: Request for Vacation of a Utility E3~e.lJlent SECTION 6, TOWNS-IDJ> 21, RANGE 31 Dear Mr. Coleman, Time Warner Communications has reviewed your request for a Vacation of a Utility Easement described as: That portion ofa 5' Utility Easement located within the property of 138 Cherry Creek Cu-cle, Winter Springs, as Hlustrated in your Fax correspondence dated JuJy 19,2002. Vacation of Easement for the purpose ofp.roposed construction of a retaining wall. Time Warner Communications has No Objection to the Vacation ofa Utility Easement described above. Please do not hesitate to call me at (407) 532-8508 should you bave any additional questions Or concerns. Sincerely, ~~.~ flJ't'. ~ P.J. King Time Warner Communications Construction Manager cc: Marvin L. UsJy. Jr. -+'~ Construction Supervisor PIKJvbs 7//17(< IWrnru EII(("rf(/hl"I/!/II-Adl'((IICeIN(whmo/' Pc'!'!'I!'/:"ilil> . Nrwicl" /.lil'{siol/