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HomeMy WebLinkAboutResolution 2015-07 Bear Creek Estates Drainage Easement MARYANNE MORSE, SEMINOLE COUNTY CLERK OF CIRCUIT COURT 4 COMPTROLLER BK 08422 Pp 0038 — 39; t2pgs) CLERK' S * 20151321606 RECORDED 03/02/2015 09:44:50 AM RESOLUTION NO. 2015-07 RECORDING FEES 18.50 RECORDED BY H DeVore A RESOLUTION OF THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA RELATING TO THE VACATION OF A PORTION OF A GREENBELT, DRAINAGE AND UTILITY EASEMENT WITHIN THE CITY OF WINTER SPRINGS LOCATED ON LOT 17, BEAR CREEK ESTATES, AS RECORDED IN PLAT BOOK 26, PAGES 57 THROUGH 59, PUBLIC RECORDS IN AND FOR SEMINOLE COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the owner of real property generally located at 725 Bear Creek Circle in the City of Winter Springs, more particularly described herein, has requested the vacation of a portion of a platted greenbelt, drainage and utility easement for the construction of an extension of an existing swimming pool enclosure; 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, copies of which are 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 resolution to be in the best interest of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA,AS FOLLOWS: Section 1. Recitals. The following recitals are true and correct and hereby fully incorporated herein by this reference as part of this Resolution. Section 2. Easement Vacation. The City Commission of the City of Winter Springs hereby vacates a portion of a greenbelt, drainage and utility easement on Lot 17, Bear Creek Estates, as recorded in Plat Book 26, Pages 57 through 59, Public Records in and for Seminole County, Florida, lying adjacent to the northerly and southerly property lines of Lot 17, said property being described as 725 Bear Creek Circle, Winter Springs, Florida. Section 3. Recording. Following adoption of this resolution by the City Commission, the City Clerk shall record same in the Official Land Records for Seminole County, Florida. City of Winter Springs Resolution No. 2015-07 Page 1 of 2 Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this resolution 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 resolution. Section 6. Effective Date. This Resolution shall take effect immediately upon adoption by the City Commission. RESOLVED by the City Commission of the City of Winter Springs, in a regular meeting assembled on the 23rdlay of February , 2015. ..11 CHARLES L Y " ayor AT.TE "I' • c 1 =i`' % .ENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2015-07 Page 2 of 2