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Home My WebLink About2005 09 12 Public Hearing Item 412 COMMISSION AGENDA ITEM 412 Consent Information Public Hearin2: X Re~ular September 12,2005 Meeting Mgr. IDept. ~ 0" r --- (/i REQUEST: Community Development Department presents to the Commission, the Second Reading of Ordinance No. 2005-27, which will vacate and abandon the west 5 foot wide portion of a 50 foot wide drainage and utility easement, located adjacent to and across the east side of Lot 180, Oak Forest Unit II-B (PB 26, pages 85,86). PURPOSE: The purpose of this agenda item is to present to the Commission, the Second Reading of Ordinance No. 2005-27, which will vacate and abandon a 5 foot- wide, approximately 110 foot-long, portion of a 50 foot wide drainage and utility easement, located on the east side of Lot 180, Oak Forest Unit II-B. CONSIDERATIONS: The applicants, Lisa and Milciades "Tony" Monicion, request vacating this 5 foot wide portion of the easement in order to construct a swimming pool into this area. None of the utility providers, including the Public Works Department, have any objection to the proposed vacation (please see attached letters). The City Attorney is preparing the ordinance. 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 ofthis Charter to be done by ordinance, those acts of the city commission shall be done by ordinance which: September 12,2005 Public Hearing Item 412 Page 2 (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) Lisa and Milciades Moncion request to vacate the subject 5 foot-wide x approximately 110 long portion (the portion closest to the house) of a 50 foot wide drainage and utility easement that extends across the rear (east side) of Lot 180 of Oak Forest Unit 2-B. 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. 2 September 12, 2005 Public Hearing Item 412 Page 3 3) Letters were received from applicable utility providers, stating no objection to vacating the easement. RECOMMENDATION: Staff recommends the City Commission consider and approve Ordinance No. 2005-27. ATTACHMENT: A - Location map B - Application, plot plan, and utility letters C - Ordinance No. 2005-27 COMMISSION ACTION: 3 I I 58' Continued Pg 2619 901 ATTACHMENT A H 587 G 606 F~~ ,J~ ~ N \0 N OIl p.. E-o.-__ g ----, 969 ---- .__n"__ ...._.--~ 971 973 D c B !l I- f I 931 ,-::,,' // , , , , ,lr/ 6 7 t 8 NOTES: Municipal Address Map Book PRINTED: REVISED: Apr 2005 1: City of Winter Springs, FL o 200 I"L."" ~...~..'9" 400 . Feet 2: 3: ap Page Developed By: Southeastern Surveying & Mapping Corp. 2628 ATTACHMENT B CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5966 FAX:407-327-6695 RECE~VED t J,' 1;0.1 ~.' 1:" f)l'!ti~ l) i~ ! ;'1 "UUJ BOARD OF ADJUSTMENT APPLICATION CITY OF VVJNn:r~ SPRiNGS L Current PlanninG ~ VO\.c.",,~e. e.o..SG<w-.~'- o CONDITIONAL USE / SPECIAL EXCEPTION o VARIANCE o WAIVER ''TDn,j II . MDn~/tJn A;JilCiidtS ~ L/ oIL Last First IOLP5 ChD/aC~ D>. WUtrf: ~r ~ . ~7~i~Code . it>7- 37;:)-1'9,-/ LL'SatnOhCion @> earf-hlmJc.tut- - Li5L - If ApRlicant does NOT own the property: APPLICANT: MAILING ADDRESS: PHONE & EMAIL PROPERTY OWNER: MAILING ADDRESS: PHONE & EMAIL Middle Last First Middle City State Zip Code This request is for the real property described below: PROPERTY ADDRESS: lCi05 ChDkcc.herr.j -:I::R.-LVe- TAX PARCEL NUMBER: 1~-~1-3C>-50'-t -QDDD - IBDO ~yt::f.Jv* ~~ SIZE OF PARCEL: EXISTING LAND USE: Square Feet Acres Current FUTURE LAND USE Classification: Current ZONING Classification: Please state YOUR REQUEST: Vact.t.-k.. eaSerne.rcl:: - 5" ~ March 2005 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5966 FAX:407-327-6695 RECE~VED JUt+! l 5 CITY OF WlNTER SPFllNGS Current Planning BOA ROO FAD JUS T MEN T AP P Lie A TI 0 N ~ V O\.e- '" 't 4!.. ~~ s.e-.- ~ 1" o CONDITIONAL USE / SPECIAL EXCEPTION o VARIANCE o WAIVER '7D'l!J II , MDne/tJn )1i/cildes ? L/(stL Last First ICU5 Chok.€c~ D>. WU1-'ff: ~r ~. .l ~7~i~COde . it> 7 - 37 S - 1/ CJ 'I } LI'Sa1nDhCio n @::> carlh} In k. iu--t- - Ll6L -. If Applicant does NOT own the property: APPLICANT: MAILING ADDRESS: PHONE & EMAIL PROPERTY OWNER: MAILING ADDRESS: PHONE & EMAIL Middle Last First Middle City State Zip Code This request is for the real property described below: PROPERTY ADDRESS: lctP5 Chokccher,...~ ~LVe.- TAX PARCEL NUMBER: l:;l. - .,.'2.,1- 3D - 50Lf - ODDD - I BDO rrf::f .)..oJ< ~ r-- === <;:em111f"'llp Cf"'ll1ntu Pr"",,,1"hr ^ ",...,.";"n,. fC...,+ T~-C''''~A+;''~ t..,. PM'AAll\-T"llll, ~.v "-' '...........................- ........................; .........vt"............; ......1"'t'..lU-..lI..H.....J. '-..JVl.J...1.LLVil1H.,u,..lVl1UY (.U\..;\.il1'lU Uti1 T'\ .. ~ 1 rage 1 U1 1 GENERAL 12-21-30-504-0000- " W1-WINTER Parcelld: 1800 Tax DIstrict: SPRINGS MONCION Owner: MILCAIDES A & Exemptions: OO-HOMESTEAD LISA M Address: 1065 CHOKECHERRY DR City,State,ZipCode: WINTER SPRINGS FL 32708 P rt Add 1065 CHOKECHERRY DR WINTER SPRINGS rope y ress: 32708 Subdivision Name: OAK FOREST UNIT 28 Dor: 01-SINGLE FAMILY SALES Deed Date Book Page Amount Vac/lmp WARRANTY DEED 09120020454S 12'19$157,500 Improved WARRANTY DEED 09/1991 02342 1432 $96,000 Improved WARRANTY DEED 08/1990 02212 1152 $105,000 Improved WARRANTY DEED 01/1983 01436 1495 $80,900 Improved Find Comparable Sales within this Subdivision LAND 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 2004 VALUE SUMMARY Market 1 $151,279 $1,095 $26,000 $0 $178,374 $150,644 $25,000 $125,644 Tax Value(without SOH): 2004 Tax Bill Amount: Save Our Homes (SOH) Savings: 2004 Taxable Value: $121,256 DOES NOT INCLUDE NON-AD VALOREM ASSESSMENTS $2,440 $2,267 $173 Land Unit Units Price 1.000 26,000.00 Land Value $26,000 LEGAL DESCRIPTION PLAT LEG LOT 180 OAK FOREST UNIT 28 P8 26 PGS 85 & 86 Land Assess Method Frontage Depth LOT o 0 BUILDING INFORMATION Year Fixtures Base Gross Heated Ext Wall Bid Est. Cost Bit SF SF SF Value New 1983 6 1,831 2,977 2 287 C8/STUCCO $151,279 $165,332 , FINISH Bid Num Bid Type SINGLE FAMILY Appendage I Sqft Appendage I Sqft Appendage I Sqft Appendage I Sqft GARAGE FINISHED I 462 OPEN PORCH FINISHED 160 SCREEN PORCH FINISHED 1168 BASE I 456 EXTRA FEATURE Description Year Bit Units EXFT Value Est. Cost New FIREPLACE 1983 1 $675 $1,500 WOOD DECK 1994 150 $420 $750 NOTE: Assessed values shown are NOT certified values and therefore are subject to change before being finalized for ad valorem tax purposes. ... If au recentl urchased a homesteaded ro ert our next ear's ro ert tax will be based on Just/Market value. http://www.scpafl.org/pls/web/re_web.seminole_ county _title?parcel= 1221305040000 1800... 6/1512005 '-i v, - 8 l' - '3 0 s ~ (F4:..J<. ) ~ Ib-o..j {' 844 Maguire Road Ocoee, FL 34761 Tel 407-532-8596 Fax 407-656-1162 bright @ hO~T~~ \S ~ May 5, 2005 Ms. Lisa Moncion 1065 Chokecherry Drive Winter Springs, FL 32708 RE: Vacation of a Drainage and Utility Easement Section 12, Township 21, Range 30 Dear Ms. Moncion, Bright House Networks has reviewed your request regarding the V acationof a Drainage and Utility Easement described as: · The west 5' of a 50' Drainage and Utility Easement lying adjacent to the east or rear property line of 1065 Chokecherry Drive, Winter Springs, Florida. Bright House Networks has NO OBJECTION to the partial Vacation ofan Easementas described above. If you should have any additional questions, please do not hesitate to contact me at (407) 532-8508. Sincerely, J:~ P.I. King Senior Construction Manager Bright House Networks cc: Marvin L. Usry, Jr., Bright House Networks r ~ Sprint FLALTH0101 Box 153000 Altamonte Springs, FL 32715 May 2, 2005 Lisa Moncion 1065 Chokecherry Drive Winter Springs, FI 32708 Ref: Request for vacating utility easement Lot 180, Oak Forest Unit Two -B Public records of Seminole County / Florida Lisa and Family I have reviewed the plats for the above referenced property and have determined that Sprint / Florida does provide service to this area and this amendment will not encroach unreasonably on our ability to provide service to this area. Sprint / Florida has no objections to abandonment of the above referenced Utility Easement. Note: this in no way affects the utility easement along the front and side of the above described properties as it is, and will remain, "in use". If I can be of any further assistance please contact me at 407/830-3279 Steve O'Brien Network Engineer E&C ~>..~.__.....- "d6,U?~ o-\a~ ---- --- --.-. .----. a .....- ./ / I i~ay 20, 2005 ,I Ms. Lisa Moncion 1065 Chokecherry Drive Winter Springs, FL 32708 RE: Vacation aad Abaadc"lIaent of. Utility Easement Dear Ms. Moncion: Please be advised that Florida Power ColpOl3.tion has "no objection" to the vacation and abandonment of that certain portion of 50 foot wide platted drainage and utility easement being more particnlarly described as the West S feet (rear) of the East 50 feet of Lot 180, OAK. FORESTUNIfTWo-B.accoolmgt,9plf!t then:o~ as rt:COrded in Plat Book 26, Pages 85-86 of the Public Records of Seminole County, Florida . If I can be of further assistance, please do not hesitate to contact roe. 7~~ Janice Carmen Operations Support North Central Region Progress Energy. 2801 west Slate Road 426 . OViedo. Fkx1da 32765 . T_phone (A07) ~. F~CSImiIe (407) J59.4449 A PIugr8a Energy ~ Legal Description. lot lBO, OAK FOREST UNIT T'w'O-B, according to the plat thereof', as Recorded In Plat Book 26 Page(s) 85-86 of the Public Records of SeMinole County, Florida, I ~ ~ ~ { {~ :' V1 \, ~~ ,-l LOT 179 '- "< i1' ei Q .~ ~ \':J M(JV 1().rJ1 t ~\0 f' \I ,,(If' "I I ' A. (\~ /A1D\~~ 6 foD (;0'0 \" \ 7{ .f.lv. {~ f-- i q': :>-."/~ ~/J ~IJ ~Jii ~7~ ::'::1 ~ LOT 186 LOT 185 ~~ LOT 183 ( / BEARING NI4'46'21"E P NIS'OO'17"E F c- tN LOT 184 SURVEYOR'S REPORT: ,) Ba..d on 'h. National flood Inwranc. Program "fiRM" Map Community - Pon.' Number 12029/ ;0145 E:. Dot.d APRIL 17. 1995. portion. of tho above f.nribed Prop.rly are lacat.d In Zone .X: areo d.termined to b. au/.ld. 500-yeor "aod-ploln, an~ Zone "A: .p.cial flood hazard areo. Inundot.d by IOO-year nood-plaln, with no base Rood e/evalfons determIned. , 2) Beorlng. or. bued on: The Narth line of Lot 180 being N85U2'I8"W per pial. J) Vertical Datum I. based on: N/A tI) The SUf"W)Or hos not abstracted the lands shown hereon (or easements and/or rIghts of way o( record. S) No underground Installotlomr, foundation (ootlngs. or Improvement. have been located except os !noted. S) There may be additional restrictions that are not record.d an this survey that mayor moy not ,b. found In th. public records of IhI. county. 7) Ther. Is no evidence on the ground of U.e of th. property which might sugg..t a possibl. claim of .o..mant other than those shown on th. .urvey. ') ThIs Survey WO.t prepared (or the Entities named hereon and;s "nontrensferable". ' I 1) Improvementl't "'/thin their specific eoSttfrUtntJl hOVf1 not been lfJcoted os 0 part of this survey. '0) Due 10 the lacle of original monumentotion, this survey Is bostJd on (J)(lsting monumenlotJon. r ~ 00 o MILCAIDES A. MONCION LISA M. MONCION NA SCD.I~' 04158-180 1" = 30' LEGEND o = FOUND I. IRON PIPE AS LABELED @ = IIfl.L PUMP A. C. = AIR CONDlnONfR COVD = CD';f:RfD CONC = CONCRfTE: (F) = ~~ig ~~~~~~~Zf~1S CALCULA TE:D FROM f.P)) = PLAT f>.c. = POINT OF CURVATURE 'Unless Noted Otherwise' J4ND 'ECH A SURVEYING & MAPPING CORP. 350 S. Centrol Ave., Oviedo, Fl. 32765 P.O. Box 621892, Oviedo, Fl. 32762 Voice (407) 365-103~ fox (407) 365-1838 licensed Business No. 5777 tB I\) 0> '1J @ ~ I 00 0) :ertlFlecl tor Lego.l Description' lot 180, DAK FOREST UNIT TIJD-B, o.ccordlng to the plo.t thereof', o.s Recorded In Plo.t Book 26 Po.ge(s) 85-86 of' the Public Records of' SeMinole County, Florldo.. CURVE Cl BEARING NI4"46'21"E P N1S'OO'I7"E F BENCHMARK #1 IRON ROD AND CAP "L8 5777" ELEVAnON ~ 50.14' LOT 179 h. "" it ~ - €I :/: i:l:;1 i:l:;1fi ~/!! CJ!~ ~~ !/ 5' DRAINAGE AND BENCHMARK #2 IRON ROD AIID CAP "LB 5777" <LEVA nON = 52.24' LOT 186 , '\. '=I-- - SI.49 39' UI4D~ I S2.0? ,I v 50.0' Vi /\S215 I Li5'S-t. Os k! 7[/'80 X51.?31' ~'s ,I ,,~ /' ,..;; 8 TOP OF ~I~ /, BANK I'!Iij 52 '~ bi ~ !if1.SO ~/~ , cs;:J LOT 185 ~S .~I~ .../"" .s2/~ SI.9? ii? X XSI.o LOT 183 / X49.J1 / 49.66 4 6/02/0S 3 5/11/05 2 4/20/05 1 11/11/04 NO. DA TE ADDEO DrfCH El.EVA TlONS ,l, CORREC1FO FLOOD AlAP TOPOGRAPHIC SURVEY ADDED ~EV/SE STREET NAME ONL Y ORIGINAL BOUNDARY DESCRIPTION OM RJE DAR KJK BY ':--- FOUND I" IRON PIPE 1.6 NO NUMBER LO T 184 SURVEYOR'S: REPORT: 1) Basod an tho Natlanal Flood Insurance Pragram "FIRM" Map Community - Panel Numbor 120295 0145 E. Dated APRIL 17, 1995, pertlons of tho abavo ducrlbed Property are located In Zone .X~ area dettll'Tnlned to be outside 50o-year tlood-plalnl land Zone -A ~ special flood hazard areas inundated by 100-~ ffood-pialn, with na baoe ffood "evallone determined. 2) Searfngs arB bosed on: The Ncrth Ifno of Lot ISO being NS5TJ2'IS"W per plat. J) VorIlcal Datum Is based on: Seminole County Sonchmark Designation Number 4622201, elevation being 56.JO' (NGI'D29). 4) The SUrw}Or has not abstroct<<l the lands shown hereon for easements and/or rights of way of record. 5) No underground Installations, foundation footings, or ImproVtJments have btHn located except as noted. 6) There may b, additional restrictions that are not recorded on this survfJY that mayor may nat be found in ths pubJlc r8cords of this county. 7) There Is na ev/donCB an the ground af use of the property which mlghlsuggest a passible c/blm af easement other than those shown an the survey. 0) This Survey was prepared far the Entitles named hereon and Is "nontransferable".' , 9) h,proVtJh1onts within their speclnc easemonts have /lot been located as a part of this survey. i 10) Due .to the lack of eriglnal monumontatlon, this 'survey Is based on existing monumontatlan. CERTIFICATION: i I. hereby certify that the lurvey represented on .V1ls map was made under, my direction on the date ~hown based on the Information furnished to me as noted and conlannl to the IllNIMUM lECHNICAL STANDARDS FOR LAND SURVE'I1NG AND MAPPING IN THE STAlE OF Fl~DA In accordance with CH.61G17-6. florida Administrative Code. ' Do.t. of n.ld Survay R.vlndl 4- 'OS run y' BOUNDARY AND TOPOGRAPHIC SURVEY 11 11 '200 ~~~!lgNr. Y f:E:T ..~ " Job No.. SCCl.l., mv I 04158-180 1" = h3>~7Bl LE N o = FDUND I" IRON PIPE AS LABELED e-IIFI.LPUMP A.C. = AIR CONDIT1ONER COVD = COVERED CONe = CONCRE~ , (F) = ~~ tf~~~ft~CALCULA7<D FROM r..P) = PLAT . P.c. = POINT OF- CURVA TURE 'Unless Noted Otherwise' r ~ .... en o MILCAIDES A, MONCION USA M, MONCION IIIrns Professlona.l Surveyor "-t,la.pper Y' Florida. Reglstra. tlon No, 4702 "Not valid without the slgnatuf. and th. original raised seal of a Florida licensed surveyor and mo per" /m.D lacN SURVEYING & MAPPING CORP. 350 S. Centra.l Ave" Oviecla, rt. 32765 P.O. Box 621892, Oviedo, Fl. 32762 Voice (407) 365-1036 FQx. (407) 365-1838 Licensed Business No. 5777 A '1J tD I\) 0> C8 CIJ en 01 I en 0> Certified tOI ATTACHMENT C ORDINANCE NO. 2005-27 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE VACATION OF A DRAINAGE AND UTILITY EASEMENT WITHIN THE CITY OF WINTER SPRINGS LOCATED ON LOT 180, OAK FOREST, UNIT 2-B, AS RECORDED IN PLAT BOOK 26, PAGES 85-86 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 herein, has requested the vacation of a platted drainage and utility easement lying adjacent to the east or rear property line of 1065 Chokecherry Drive; and WHEREAS, the City of Winter Springs is not currently using, nor has any plans to use, the subject drainage and 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 drainage and utility easement; 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. 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, in accordance with Section 17- 27 ofthe City Code, hereby vacates five (5) feet ofa fifty (50) foot drainage and utility easement of lot 180, Oak Forest, Unit 2- B, lying adjacent to the east or rear property line of 1065 Chokecherry Drive, Winter Springs, Florida, as recorded in Plat Book 26, Pages 85-86, ofthe 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. Following adoption of this Ordinance, the same shall be recorded by the City Clerk in the Land Records for Seminole County, City of Winter Springs Ordinance No. 2005-27 Page 1 of2 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. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2005. JOHN F. BUSH Mayor ATTEST: 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. 2002-27 Page 2 of2