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21-2199 Vacation and Abandonment of Easement at 829 E Wildmere AveGrant Maloyy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst #2021053952 Book:9911 Page:1779-1784; (6 PAGES) RCD: 4/23/2021 3:38:19 PM REC FEE $52.50 ORDINANCE NO.21-2199 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, PROVIDING FOR THE VACATION AND ABANDONMENT OF A 30 FOOT UTILITY EASEMENT LOCATED AT THE CENTER OF THE PROPERTY AT 829 E WILDMERE AVE AS MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE AND ADDING A NEW 20 FOOT UTILITY EASEMENT; PROVIDING FOR CONFLICTS, SEVERABILITY, RECORDING AND AN EFFECTIVE DATE. WHEREAS, the applicant, Ronen Yacobi (the "applicant") has petitioned the City to vacate, close, abandon a 30 Foot Utility Easement located on the property at 829 E Wildmere and legally described and depicted in Exhibit "A"; and WHEREAS, the applicant wishes to vacate and abandon a 30-foot utility easement as it is currently located where the new triplex building is proposed; and WHEREAS, the applicant has installed a new sewer line to replace the vacated sewer line and has signed an easement agreement with the City for the new sanitary sewer line; and WHEREAS, the applicant is the owner of 829 E Wildmere, having a Seminole County Tax Parcel Identification Number 05-21-30-527-0000-0010 ("Lot 15") according to the plat thereof recorded at Plat Book 19, Page 38 and 39, Public Records of Seminole County, Florida ("Longwood Pine Plat"); and WHEREAS, the vacation and abandonment set forth herein has been properly noticed and advertised and interested persons have had an opportunity to be heard concerning such matter; and WHEREAS, the vacation and abandonment of such utility easement as requested by the applicant meets the criteria set forth in Section 10.10.4, Longwood Development Code, is within the public interest and would not conflict with the goals, objectives or policies of the City's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS: SECTION 1: Recitals. The above "Whereas" clauses are true and correct and constitute findings of the City Commission and are incorporated herein by this reference. SECTION 2: Vacation and Abandonment. The applicant's request for a vacation and abandonment of the 30-foot utility easement is granted. That certain portion of utility easement depicted and legally described in Exhibit "A" attached hereto (the "Vacated Area") is hereby vacated, closed and abandoned by the City of Longwood Ordinance No. 212199 Page 1 of 2 Book 9911 Pa a 1780 Instrument# 2021053952 SECTION 3: Conflicts. To the extent this Ordinance, or any provisions thereof, conflict with any previously enacted Ordinances of the City of Longwood, Florida, this Ordinance shall control to the extent any such conflict(s) exists. SECTION 4: Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or application shall be deemed a separate, distinct, and independent provision of such holding shall not affect the validity of the remaining portions thereof to the extent practicable. SECTION 7: Recording. After adoption, this Ordinance shall be recorded in the public records of Seminole County, Florida. SECTION 8: Effective Date. This Ordinance shall be in force and take effect immediately upon adoption. FIRST READING: April 5, 2021 SECOND READING/PUBLIC HEARING: April 19, 2021 PASSED AND ADOPTED THIS 19th DAY OF April 2021. .'eC Av r' i �� J Attest• PlicfieWrdWo, C C, FCRM, City Clerk CITY OF LONGWOOD Richard Drummond, Mayor ie use and reliance of the City of Longwood, Florida, only. Ordinance No. 21-2199 Page 2 of 2 Book 9911 Page 1781 Instrument# 2021053952 Exhibit "A" SKETCH OF DESCRIPTION PROJECT NAME: KIWI APARTMENTS PURPOSE: VACATE UTIUTY EASEMENT THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEET 2 Description: The 30.00 foot Utility Easement as shown on Lot 1, Wildmere Village, according to the plat thereof as recorded in Plat Book 59, Page 5, Public Records of Seminole County, Florida, more particularly described as follows: Commence at the Southeast corner of said Lot 1; thence run N89'49'18"W along the South line of said Lot 1, a distance of 195.69 feet to the Southeast corner of said 30.00 foot Utility Easement for the Point of Beginning; thence continue N89'49'18"W along the South line of said Utility Easement, a distance of 30.00 feet; thence run N00'21'36"W along the West line of said Utility Easement, a distance of 156.85 feet; thence run S89'49'18"E along the North line of said Utility Easement, a distance of 30.00 feet; thence run S00'21'36"E along the East line of said Utility Easement, a distance of 156.85 feet for the Point of Beginning. Contains 4,705 Square Feet or 0.108 Acres, more or less. SURVEYORS NOTES 1. Bearings based on the South line of Lot 1, Wildmere Village as being N89'49'18"W. 2. i hereby certify that the above described property is true and correct to the best of my knowledge and- belief as recently drawn under my direction and that it meets the Standards of Practice for Land Surveying set forth in Florida Administrative Code Rule 5J-17.05 requirements. 3. Not valid without the signature and seal of a Florida Licensed Surveyor and Mapper. ry!, JAMES R. SHANNON JR., P.L.S. #4671 NOT VAUD VATHOUT THE SIGNATURE AND THE SEA. OF A FLORIDA LICENSED SURVEYOR AND MAPPER SHANNON SURVEYING, INC. 499 NORTH S.R. 434 — SUITE 2045 ALTAMONTE SPRINGS, FLORIDA, 32714 (407) 774-8372 LB # 6898 DATE OF SURVEY: 04/17/2020 DRAWN BY: BP SCALE: 1" - 80' P959-PG5-LOT"-VACATE SKETCH SHEET 1 OF 2 - Book 9911 Pane 1782 Instrument# 2Q21053952 SKETCH OF DESCRIPTION PROJECT NAME: KIWI APARTMENTS PURPOSE: VACATE UTILITY EASEMENT THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEET 1 SHANNON SURVEYING, INC. 499 NORTH S.R. 434 — SUITE 2045 ALTAMONTE SPRINGS, FLORIDA, 32714 (407) 774-8372 LB # 6898 NILDMERE VILLAGE REPLAT PLAT BOOK eB. PAGE 51 SOUTHEAST CORNER OF LOT 1 n DATE OF SURVEY. 0¢117Z= DRAWN BY. BE SCALE' 1' - BO' PB59-PG5-LOTT-VACA7E SKETCH N SHEET 2 OF 2 Book 9911 Page 1783 Instrument# 2(J21053952 SKETCH OF DESCRIPTION PROJECT NAME: KIWI APARTMENTS PURPOSE: UTILITY EASEMENT THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEET 2 Description: That part of Lot 1, Wildmere Village, according to the plat thereof as recorded In Plat Book 59, Page 5, Public Records of Seminole County, Florida, more particularly described as follows: Commence at the Southeast corner of sold Lot 1; thence run N00'00'00"W along the East line of said Lot 1, a distance of 143.60 feet for the Point of Beginning; thence run S89'55'46"W, a distance of 188.27 feet; thence run N56'50'51"W, a distance of 53.38 feet; thence run S89'49'18"E 'along the North line of sold Lot 1, a distance of 36.75 feet; thence run S56'50'51"E, a distance of 16.59 feet; thence run N89'55'46"E, a distance of 182.33 feet; thence run S00'00'00"E along said East line of Lot 1, a distance of 20.00 feet to the Point of Beginning. Contains 4,406 Square Feet or 0.101 Acres, more or less. SURVEYORS NOTES 1. Bearings based on the South line of Lot 1, Wildmere Village as being N8949'18"W. 2. 1 hereby certify that the above described property Is true and correct to the best of my knowledge ancr belief as recently drawn under my direction and that it meets the Standards of Practice for Land Surveying set forth in Florida Administrative Code Rule 5J-17.05 requirements. 3. Not valid without the signature and seal of a Florida Licensed Surveyor and Mapper. JAMES R. SHANNON JR., P.L.S. #4671 NOT VAUD WITHOUT THE SIGNATURE AND THE SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SHANNON SURVEYING, INC. 499 NORTH S.R. 434 — SUITE 2045 ALTAMONTE SPRINGS, FLORIDA, 32714 (407) 774-8372 LB # 6895 DATE OF SURVEY: 64/17/2020 DRAWN BY• BE SCALE: 1" - 80' P1359-M-LOTI-UTILITY SKETCH SHEET 1 OF 2 ' Book 9911 Page 1784 Instrument# 2Q21053952 SKETCH OF DESCRIPTION PROJECT NAME: KNM APARTMENTS PURPOSE: UTILITY EASEMENT THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEET 1 WLDMERE VILLAGE REPLAT PLAT BOOK 68. PAGE 51 LOT 11 S89.49'16"E LOT 12 LOT 13 LOT 14 ,L 0Lb-% LOT 15 LOT 18 1479.76' 246.70' NORTH LINE OF LOT 1 wto f0 CD 9 L1 a .. m�NI �1g6 POINT OF J8F LOT 1 BEGINNING �bj M3 EAST MONERE AVENUE LINE TABLE LINE BEARING LENGTH L1 S89'55'46"W 188.27' L2 N56'50'51 "W 53.38' L3 S89'49'18"E 36.75' L4 I S56'50'51 "E 1 16.59' L5 N89'55'46"E 182.33' L6 S00'00'00"E 20.00' SHANNON SURVEYING, INC. 499 NORTH S.R. 434 - SUITE 2045 ALTAMONTE SPRINGS, FLORIDA, 32714 (407) 774-8372 LB # 6898 EAST LINE OF LOT POINT OF COMMENCEMENT) SOUTHEAST CORNER OF LOT 1 0 m p DATE OF SURVEY: 04/17/2020 DRAWN BY: BE SCALE: 1" IT PBS9-PG5--LOTT-UTILITY SKETCH N SHEET 2 OF 2 n= ORDINANCE NO. 21-2199 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, PROVIDING FOR THE VACATION AND ABANDONMENT OF A 30 FOOT UTILITY EASEMENT LOCATED AT THE CENTER OF THE PROPERTY AT 829 E WILDMERE AVE AS MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE AND ADDING A NEW 20 FOOT UTILITY EASEMENT; PROVIDING FOR CONFLICTS, SEVERABILITY, RECORDING AND AN EFFECTIVE DATE. WHEREAS, the applicant, Ronen Yacobi (the "applicant") has petitioned the City to vacate, close, abandon a 30 Foot Utility Easement located on the property at 829 E Wildmere and legally described and depicted in Exhibit "A"; and WHEREAS, the applicant wishes to vacate and abandon a 30-foot utility easement as it is currently located where the new triplex building is proposed; and WHEREAS, the applicant has installed a new sewer line to replace the vacated sewer line and has signed an easement agreement with the City for the new sanitary sewer line; and WHEREAS, the applicant is the owner of 829 E Wildmere, having a Seminole County Tax Parcel Identification Number 05-21-30-527-0000-0010 ("Lot 15") according to the plat thereof recorded at Plat Book 19, Page 38 and 39, Public Records of Seminole County, Florida ("Longwood Pine Plat"); and WHEREAS, the vacation and abandonment set forth herein has been properly noticed and advertised and interested persons have had an opportunity to be heard concerning such matter; and WHEREAS, the vacation and abandonment of such utility easement as requested_ by the applicant meets the criteria set forth in Section 10.10.4, Longwood Development Code, is within = __ the public interest and would not conflict with the goals, objectives or, pelicies of the City's Comprehensive Plan. \ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE -CITY OF LONGWOOD, FLORIDA, AS FOLLOWS: - SECTION 1: Recitals. The above "Whereas" clauses are true and correct and constitute findings of the City Commission and are incorporated herein by this reference. SECTION 2: Vacation and Abandonment. The applicant's request for a vacation and abandonment of the 30-foot utility easement is granted. That certain portion of utility easement depicted and legally described in Exhibit "A" attached hereto (the "Vacated Area") is hereby vacated, closed and abandoned by the City of Longwood Ordinance No. 21-2199 Page 1 of 2 SECTION 3: Conflicts. To the extent this Ordinance, or any provisions thereof, conflict with any previously enacted Ordinances of the City of Longwood, Florida, this Ordinance shall control to the extent any such conflict(s) exists. SECTION 4: Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or application shall be deemed a separate, distinct, and independent provision of such holding shall not affect the validity of the remaining portions thereof to the extent practicable. SECTION 7: Recording. After adoption, this Ordinance shall be recorded in the public records of Seminole County, Florida. SECTION 8: Effective Date. This Ordinance shall be in force and take effect immediately upon adoption. FIRST READING: April 5, 2021 SECOND READING/PUBLIC HEARING: April 19, 2021 PASSED AND ADOPTED THIS 19th DAY OF April 2021. CITY OF LONGWOOD Richard Drummond, Mayor C, FCRM, City Clerk Approved -a -tor -form and legality for the use and reliance of the City of Longwood, Florida, only. Daniel LW Lam Ordinance No. 21-2199 Page 2 of 2 Exhibit "A" SKETCH OF DESCRIPTION PROJECT NAME: KIWI APARTMENTS PURPOSE: VACATE U1ILITY EASEMENT THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEET 2 Description: The 30.00 foot Utility Easement as shown on Lot 1, Wildmere Village, according to the plat thereof as recorded in Plat Book 59, Page 5, Public Records of Seminole County, Florida, more particularly described as follows: Commence at the Southeast corner of said Lot 1; thence run N89'49'18"W along the South line of said Lot 1, a distance of 195.69 feet to the Southeast corner of said 30.00 foot Utility Easement for the Point of Beginning; thence continue N89'49'18"W along the South line of said Utility Easement, a distance of 30.00 feet; thence run N00'21'36"W along the West line of said Utility Easement, a distance of 156.85 feet; thence run S89'49'18"E along the North line of said Utility Easement, a distance of 30.00 feet; thence run S00'21'36"E along the East line of said Utility Easement, a distance of 156.85 feet for the Point of Beginning. Contains 4,705 Square Feet or 0.108 Acres, more or less. SURVEYORS NOTES 1. Bearings based on the South line of Lot 1, Wildmere Village as being N89'49'18"W. 2. 1 herebycertify that the above described property is true and correct to the best of my knowledge and belief as recently drawn under my direction and that it meets the Standards of Practice for Land Surveying set forth in Florida Administrative Code Rule 5J-17.05 requirements. 3. Not valid without the signature and seal of a Florida Licensed Surveyor and Mapper. JAMES R. SHANNON JR., P.L.S. #4671 NOT VAUD MTHOUT THE SIGNATURE AND THE SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SHANNON SURVEYING, INC. 499 NORTH S.R. 434 - SUITE 2045 ALTAMONTE SPRINGS, FLORIDA, 32714 (407) 774-8372 LB # 6898 DATE OF SURVEY: 04/17/2020 DRAWN BY: BE SCALE. 1 = 80' PB59-PG5-LOTI-VACATE SKETCH SHEET 1 OF 2 SKETCH OF DESCRIPTION PROJECT NAME: KIWI APARTMENTS PURPOSE: VACATE UTILITY EASEMENT THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEET 1 WILDMERE VILLAGE REPLAT PLAT BOOK 68, PAGE 51 LOT 11 LOT 12 LOT 13 1 LOT 14 LOT 15 LOT 16 NORTH LINE OF LOT 1 w to w S89'49'18"E Sn 'a W (33 6o ego LOT 1 3 w y ooQ 3 co coy z Wa M m : o o r- N •::.. cV POINT OF o W Z N89'49'18"W p o� BEGINNING 0 ch 253.23' SOUTH LINE OF LOT 1 195.69' N89'49'18"W 478.93' EAST W/LDMERE AVENUE POINT OF COMMENCEMENT SOUTHEAST CORNER OF LOT 1 o m � DATE OF SURVEY: 04/17/2020 SHANNON SURVEYING, INC. �' DRAWN BY: BE SCALE: 1" = 80' 499 NORTH S.R. 434 — SUITE 2045 ALTAMONTE SPRINGS, FLORIDA, 32714 PB59-PG5-LOTt-VACATE SKETCH (407) 774-8372 LB # 6898 N SHEET 2 OF 2 SKETCH OF DESCRIPTION PROJECT NAME: KIWI APARTMENTS PURPOSE: UTILITY EASEMENT THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEET 2 Description: That part of Lot 1, Wildmere Village, according to the plat thereof as recorded in Plat Book 59, Page 5, Public Records of Seminole County, Florida, more particularly described as follows: Commence at the Southeast corner of said Lot 1; thence run NOO`00'0O"W along the East line of said Lot 1, a distance of 143.60 feet for the Point of Beginning; thence run S89`55'46"W, a distance of 188.27 feet; thence run N56°50'51"W, a distance of 53.38 feet; thence run S89°49'18"E along the North line of said Lot 1, a distance of 36.75 feet; thence run S56"50'51"E, a distance of 16.59 feet; thence run N89`55'46"E, a distance of 182.33 feet; thence run S00°00'00"E along said East line of Lot 1, a distance of 20.00 feet to the Point of Beginning. Contains 4,406 Square Feet or 0.101 Acres, more or less. SURVEYORS NOTES 1. Bearings based on the South line of Lot 1, Wildmere Village as being N89°49'18"W. 2. 1 hereby certify that the above described property is true and correct to the best of my knowledge and belief as recently drawn under my direction and that it meets the Standards of Practice for Land Surveying set forth in Florida Administrative Code Rule 5J-17.05 requirements. 3. Not valid without the signature and seal of a Florida Licensed Surveyor and Mapper. JAMES R. SHANNON JR., P.L.S. #4671 NOT VAUD WITHOUT THE SIGNATURE AND 'THE SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SHANNON SURVEYING, INC. 499 NORTH S.R. 434 - SUITE 2045 ALTAMONTE SPRINGS, FLORIDA, 32714 (407) 774-8372 LB # 6898 DATE OF SURVEY: 04/17/2020 DRAWN BY: BP SCALE: 1' = 80' PB59-PG5-LOT1-UTILJTY SKETCH SHEET 1 OF 2 SKETCH OF DESCRIPTION PROJECT NAME: KIWI APARTMENTS PURPOSE: UTILITY EASEMENT THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEET 1 WILDMERE VILLAGE REPLAT PLAT BOOK 68, PAGE 51 LOT 11 S89'49'18"E LOT 12 LOT 13 LOT 14 L4 L3 LOT 15 L LOT 16 479.76' 246.79' NORTH LINE OF LOT 1 196.22 w0 IR `O L1 meww n X§0 m�M Y L6a00 POINT OF- LOT 1 BEGINNING oom ow, 3 sia M a EAST W/LDMERE AVENUE LINE TABLE LINE BEARING LENGTH L1 S89'55'46"W 188.27' L2 N56"50'51 "W 53.38' L3 S89'49'18"E 36.75' L4 S56'50'51 "E 16.59' L5 N89'55'46"E 182.33' L6 S00°00'00"E 20.00' SHANNON SURVEYING, INC. 499 NORTH S.R. 434 - SUITE 2045 ALTAMONTE SPRINGS, FLORIDA, 32714 (407) 774-8372 LB # 6898 EAST LINE OF LOT POINT OF COMMENCEMENT - SOUTHEAST CORNER OF LOT 1 .t 0 m DATE OF SURVEY: 04/17/2020 m DRAWN BY: BE SCALE: 1" = 80' PB59-PG5-LOT1-UTILITY SKETCH N SHEET 2 OF 2