Ordinance 97-13607--d
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11730
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0 71,15
SEMMOLE CO Fl
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SFMMU CC) FL
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Apota,tt ofL tr 16 & 17, The Moorings, .per plat thmcof as record+xl in Plat Book 18, Page 32
afthePublio Records of S,ttLt,l,C.-ty, Pladd, and being more pattiwl,,Iy dca bed as follows_
Begin at a pomt pn IheNorthlino of The Moorings.,.tding to plat thereof rewrded in Plat Hook
18, Pege32, ofthoNbli,R—ds of Seminole County, Florida, tl l feet West &Northeast —,,r
of said subdivision, tun thence South 89° 54' 03' F- 111 feet to Na¢heast corner of said
subUivi n', ilia ce South W0 lY1' 13" Gass slang East livo of said subdivision 101 Peet; theftce
Narth—lldy to the POINT OF-6lNMNG.
Pt,p—d by'.
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Tnklepaugh Sn,eymg S--, me , C1,1— 7
1 M Past Aobinsan Street as limn s Lt.,
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File I1T97B88 t4l��
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OUN 0 & 1997
REC'® PLANNING
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1]40. Clip 11 Auemre #innywuvd, 3fY. 32131E
AGENDA MEMORANDUM
FOR: .lily 7,1197
TO: HONORABLE MAYOR AND CITY COMMISSION
FROM: W. SHEET ON SMITH -CITY ADMINISTRATOR
VIA: John M. Brovlt Director of Plvn6ng and Building Services
DATE: June 18. 199]
SUBJECT: Ord'a ,97- 1360 autMrrzine the vecatioo ofa ponion of the Plat of The Moorings
subdivision Project # VAC-02-97
RECOMMENDATION,
I recommend that the City Co..ission conduct a fast reading ofOrdi—w 97-1360 author,,mg the
n ofa ponion ,fthc plat ofThc Moorings subdivision on July C 1997 and schedule a second
reading\public hearing for July 21. 1997.
EXPLANATIONI6AC KGROU'VD:
�. The proposed vacation will correct a mistake made in the original platting of The Moorings
.subdivision, A copy ofthv Juno 5, 199] LPA staffrepon, attached Ibr your ref ence, contains e
detailed explanation of the situation. A dmH of Ordinance 97-1360 is also aEtvehed for your
information.
PROGRAM IMPACT.
The vacation wO permit The Reserve et Harboue ]slv subdivision to be pWt,d end annexed inw the
City.
FISCAL IMPACT:
Not Applicable- _ D
PREPARED BY:
JohnM. rock, Commnruty Semives Director
SI113MITTFD I3Y
W. Shehov Smith, City Administrator
t R, Tity of fungi il
➢epvrtment of (fiam nit0 Serunes
�Jlenning ➢iviaiun u 174 W. Elptnit Avenue 6on9ms b JIK. 112750
ae
I EST I8]g ,i ➢Ilmu (411]1 2G0-3A62 Na l4077 2632336
V MEMO
FOR: dune 11, 1997
TO: Land Planning Agency Members
VIA: John Brack. Community Services Dhe
FROM: Carl Gosline, City Planner
DATE: June 5, 199]
RE: Abandon a 0.2 acre triangular portion of Lots 16 & 17, Plat of the Moorings
SuWM,ion - VAC-02-97 - Applicant: Wally Temple
Tax Parce11D # 36-20-29-509-0000-016A
STAFF ANAI.y-SJa
Proeednre
An applicant wixlwtg to vacate (abandon) any plat, or portion tll or any puhk right-of-way.
or public eascmenr_has a preapptication conference with thestaff. The applicant sends letters to the
r adjacent properly owners and other a0ected parties seeking comments ri,.d'mg the proposed
abandorun t. Upon receipt of these Ietterb, the applicant imludes the rosponses with the petition
and pays the applicalion tee.
The Planning Division provides DRB members with an opportunity to comment on the proposed
a Upon receipt oftl>e DRB comnwtta, theapplication package is trmtsnuned m the LPA for
the'v a�tion, Ifs positive reconmdstion E imdc by the LPA, the staliwill prepare a draft ordinance
e the subject property - end tr t the ordinan and the applicat on package to the City
CnmMssion 6r a fsst reading at the next taveilable meeting- A second reading mtd public hearing
a held at the —available City tbmmixsion meeting.
Backer and
The epptlrsni NewPomt Properties, Inc is developing a 15 lot subdivision (The Reserve at Barbour
Isle) one 13 cue unincorporated enclave at the noM erd ofSlade Drive in the Moorings subdivision
The subject mt ansferredfoft rothe on she subdivi he urlY l9']Oa by
the devebperaofthe Moorings subdivi nulirowever, Ne sub'lect dactw sunot vacated at the time
ofthe properly li—fECThe proposed vacation will rectify this past overxight..
A.L s
'pho currem City Code does not contain any requirements, or ui-iil, --mg the x.bj- of
nbmdomng plat, public nghtewf-way or public eas--. Chapter 177, Florida Statutes governs
the platting of real property and the abandoning ofpl—
LPA Staff Report VAC-02-97
June 5, 1997
page 2
Chapter 177' 101 (3), FS states '— and it must be funher shown that the vacation by the goveming
body fthe cowry (ar the City intbrettce) will not effect the ovmership or right of convenient accen
of persons oueting other pans of the subdivi»ion_" Si the property ownus on all sides of the
subject tract have agreed to the vocatima the npplicnnt has complied with ON, etamtory requirement.
All daware hly companies and the City Utility Dept have agreed to the —i— 'rhe stafl-
k not of any opposition to the vacation.
Nuscellaneous
The staff has had p lmm w with the applicant regarding atatexiug the Reserve nt
Haebovr ISIe into the City. The applii,w has indicating his willingness to do so.
RRE OMMENDATIPI
The staff"
taff recommends the LPA recomnrcnd to the City Commission thnt Prefect R VAC-02-9'1,
petition ro vacate a portion oflnts 16 and 17 in the Moorings subdivision, be approved based on the
following findings of fact-
1. The applicant has received approval oflhe proposed vacation from the adjacent
properly owners and utility compnnics and is th—l— consi—,t with the requirements of
Chapter 177.101 (3), FS.
2. —proposed vocation will not aff- the.—tNp or right of wnvenient access of
perwns coning other parts of the subdivison as required by Chapter 177,101 (3), US_
3. The proposed vacation is necessary w permit The Reserve ,t I larbour Isle subdia A-
w be completed m an expeditious mnmcr.
cc. Wally Temple
NmPoint Partnership, Ltd.
105 Sand Pine Lane
Longwood, Florida 32779
May 29, 1997
Longwood Platming Division
City of Longwood
174 W. Church Street
Longwood, Florida 32750
Ref The Reserve at Harbour Isle
Vacation and RepNW,g If. portion of Lots 16 and 17 of The Moorings
N—Met Partnership, Ltd, has pwehased the former Payne property and is now
developing the 15let subdivision to be keown as The Reserve w Harbow We on the 13
+/- nI, in -fill trelt of land located adjm and north of the existing subdivisions of
Harbour Isle and The Moorings A ,, completing the site development work in Ain, the
proposed new subdivision will be platted. That process will actually consist of a new plat
on the bulk ofthe property, as well as the replan ne ofa portion,fLn, 16 and 17 ofThe
Moorings subdivision (P.B. 19, Pg. 32) ,all of,N h was formerly owned by Martha and
Glenda Payne. The small triangular parcel (0, 129 acres) in the northeast comer of the
Moorings plat was traasferted to the Payne back in the 1970's by the Developer ofThe
Moorings in -change for ,other miler iI, parcel that the Payne, caned that
located between the shores of Rock Lake and the nonhwest boundary of The Moon,gs
plat. However, at that time, the parties to the I — eh- ke dy did not vacate That
portion ofThe Moorings plat that they deeded to the Payn
e,, as they should have . No one
but the Payne, have ever owned this Penion efL is 16 and 17 of The Moorings,
including the present and previous homeowners of these lots. The owners of the remainder
coots 16 and 17 have never had any claim to the portion deeded to the Payne,.
However, to this day, the parcel remains within The Moorings plae The Payne, have
wined, and paid real estate taxes, on the parcel since the time ofthe exchange. The Tax
Parcel I D. number is 36-20-29-509-0000-016A.
At this time, we intend to rectify this situation by replotting that portion oELots lend 17
it —plMoewhich tow and never have been owned by anyone but the Payne, niece
was anedd By Hy this letter, I am requesting that the City ofLong agree with the
n ofthd port n of The Moorings plat. Alter the v fth,esc n dribed port
of Lots I6an17ofThe hlo the described property w0 prope1 be —replplotted into the news
Pitt ofThe Reserve at Harbour,IdIsle"
Enclosed are levers Gem each fthe adjoining property owners m The Moorings
indicating approval ofthe vacation reyI—d, as follows:
Christel R IoeNer (Lot 16): 132 Slade Drive
knedd R. Shuck (Lot 17)'. 130 Slade Drive
Jury 0 4'IYY7
REC'D PLANNING
Also enclosed is the Desenption and Sketch of Description ofthe subject prop— and
aas ,signed and sealed by a surveyor licensed in the State of Florida.
The area being va ated includes platted utility ea s along the r ar lot lines of Lots 16
and 17 of The Moonngs plat. These used. With respect to the
mquir nt for Jett rs It— all utility eompan we have enclosed loiters from the utility
ompanies that are serving The Moorings, and will be serving our new subdivision, namely
Florida Power Corporntioq SpnnWnited Telephone, Sanlando Utilities Corporation, and
Time Wamu Cable (formerly Orange -Seminole Cablevid.,,). The property is not nerved
by either Peoples Gas or City of Longwood Public Works Dept, but because they
on your list of requested letters, I have also enclosed lettus flora them There are no
other utilities operating m this area.
As proof of property ownership, we are submining a copy of the Warranty Deed, dated
March'/, 1997, from Mxrtha Jo Payna and Glenda Rene Payoe (Sellers) to N-Point
Partnership, Ltd. (Buyer). The property being vacated is included within the overall Iegal
description, where it is referred to as Parcel 3.
Ifyou hav any qua need additional iMorm or doc n, please call m menfno
at 859-3550, m¢ on #202,1 hope we sari accomplish this task expeditiously so that the
w plat an be r norded m mid to late June. This uhedule will allow art
model homes, which naed to be completed by Orxobor for the Fall si199d�tAo st
Parade of Homes.
A. Walter Temple, Jr., President
NewPoh, Development Corporation
General Partner
JUN 0 A 1911
REC'U PLANNING