14-2051 - DENIED Vacation and Abandonment Portion of the Evergreen AvenueORDINANCE NO.14-2051
AN ORDINANCE OF THE CITY OF LONGWOOD,
FLORIDA, PROVIDING FOR THE VACATION AND
ABANDONMENT OF A PORTION OF THE EVERGREEN
AVENUE RIGHT-OF-WAY LOCATED EAST OF SOUTH
RONALD REAGAN BOULEVARD (C.R. 427) AND SOUTH
OF STATE ROAD 434 AS MORE PARTICULARLY
DESCRIBED IN THIS ORDINANCE; PROVIDING FOR
CONFLICTS, SEVERABILITY, RECORDING AND AN
EFFECTIVE DATE.
WHEREAS, the applicant, 434 & Ronald Reagan, LLC (the "applicant") has petitioned
the City to vacate, close, abandon that certain portion of the Evergreen Avenue right-of-way
legally described and depicted in Exhibit "A"; and
WHEREAS, the applicant is the fee simple owner of lands immediately adjacent to that
portion of the Evergreen Avenue right-of-way described in Exhibit "A"; 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 rights -of -way 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/Utilities Easement Reservation. The
applicant's request for a vacation and abandonment of a portion of the Evergreen Avenue right-
of-way is granted subject to the reservation of a perpetual utilities easement in favor of the City
of Longwood as set forth herein. That certain portion of the Evergreen Avenue right-of-way
depicted and legally described in Exhibit "A" attached hereto is hereby vacated, closed and
abandoned by the City of Longwood SUBJECT to a reservation of a perpetual utilities easement
in favor of the City of Longwood over, under and through such lands described in Exhibit "A"
for the operation, control, regulation, construction, installation, repair, replacement, maintenance,
use and modification of public and private franchise utilities and facilities, including but not
limited to stormwater drainage lines, lighting facilities, sewer lines, water lines, reclaimed water
lines, gas lines, electric lines, cable television lines, telecommunication lines, fiber optic cables
and other public utilities and facilities of every type and appurtenances thereto. Such utilities
Pate 1 of 2
easement reservation includes the right of ingress and egress upon the land described in Exhibit
"A" to carry out the purposes of said utilities easement and includes the right of the City of
Longwood to grant permits to other utilities owners for use of and access to such utilities
easement area. The City of Longwood shall only be responsible for the maintenance, repair and
replacement of improvements within said utilities easement area that the City of Longwood
constructs or accepts responsibility for maintenance. The property owner shall maintain the
surface improvements including pavement, sod and landscaping within the utilities easement
area at the property owner's sole cost and expense. No activities, landscaping or other
improvements shall be permitted that conflict or interfere with the utilities installed or
constructed by or those that are authorized by the City of Longwood within the utilities
easement.
SECTION 3: Recording. After adoption, this Ordinance shall be recorded in the public
records of Seminole County, Florida.
SECTION 4: 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 5: 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 6: Effective Date. This Ordinance shall be in force and take effect
immediately upon adoption.
FIRST READING: November 3, 2014.
SECOND READING/PUBLIC HEARING: Novembi
PASSED AND ADOPTED THIS DAY OF
Attest:
Michelle Longo, City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only.
Daniel W. Langley, City Attorney
2 of 2
OCT 21 20%
Project Number Project Manager
JITS, r O e I r (Completed By Staff) (Completed By Sta
City of Longwood
Vacation -Abandonment Intake Staff Person (completed By Staff)
Application
Applic on Fee Total
(With Review & Advertisino Fee. if aoolicablel
Project Name: VJWN - LA S14 � REFAWAbate Submitted: $ $8g °O
Fees
Property Address: i (e2, E . gre . Li 3H
Vacation -Abandonment Fees
Tax ID Number(s): Ofj- `-A -' 0 - 9171-- Cx` - (WI) I I Er$100 Application Fee
(Available from the Property Appraiser's Office at http://scpaweb.scpafl.org/v3/) LLB' $500 Review Fee
p� $288 Public Hearing
Property Acres: Is6 Gross Floor Area Co Ila SF I I Advertising
Snhmifial Rnnuirampnin
Current:
Wl igned letter from applicant explaining
/�
Land Use t E1 (AF_W A L Planning District �W Ot100 aU D
the reason for the Vacation request
EAST
@A current survey and legal description of
Proposed:
both the subject property and the
Future Land Use boFit d Miff-.ayS�l'lanning District %4�� l,X)OP 13 D
requested vacation area
❑Letters of approval or objection from
EAST
ExistingUse ENI�-tJC� ST017�
`/�IQW1A-bj,)t�
adjacent property owners
❑ Approval letters from all Utility
Companies that service Longwood
l /y
Wla
Proposed Use W*, 0O11M-51f#_XE STo&&
including but not limited to:
Owner:
Electric: Duke Energy
Benita Rostel - (407) 942-9657
Name: y` L) L �0 Pi -�p REAC..7AKK
LLB
Gas: TECO-Peoples Gas
Deborah Frazier- (407) 420-6609
Gas: Florida Public Utilities
Michelle Medina - (386) 624-1560
,
cK^
Address: CO�b Z K , t JAt-� rv\�rRQ �uy I (�1j�i���} F(_,
`f y
Phone: 5> 7K - 701A Fax:
f�
Email: 1MILV) S\no eAAb46k cpw\
Telephone: CenturvLink
Candace Crim - (407) 830-3650
Cable: Brighthouse Networks
Applicant:
P.J. King - (407) 532-8508
Name: A
Water and Sewer: City of Longwood
Address: 31BZb RLyp.
3txi [� ��}y�p
Richard Kornbluh - (407) 263-2388
Meetings
,��
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(a 211
One City Commission Public Hearing
Phone:LBS) Fax:
r,�
Email: Q tib� �l �. ��Y i Q . %1fYl
City Commission Hearings are held on the
1" and 3rd Mondav5 of each month.
Public Notice
hereby certify that I have read this application and that the information supplied The subject property must have notice posted in
herein is true and correct to the best of my knowledge. I agree to comply with the at least one conspicuous place on the subject site
current City Codes and Ordinances and County, State and Federal laws regarding not less than 10 days prior to the City Commission
land development. I am the property owner, or authorized agent, of the subject public hearing meeting.
property that this petition applies to.
t{z,1-t er A-+ifJA7-P W54*%LLt- I understand and agree to the cost recovery
Applicant/Authorized A t M tL 64 (7. 1� y C requirements In Chapter o of Longwood City
ggLl M Code and as described on page 2 of this
Signature �� t Date to ZO (If application.
initials: L_
Created August 28, 2014
SKETCH OF DESCRIPTION
DESCRIPTION
That part of EVERGREEN STREET, J.A. BISTLINE'S ADDITION TO LONGWOOD, according to the plot thereof as recorded
in Plot Book 3, Page 6, Public Records of Seminole County, Florida and EVERGREEN STREET, FARMERS ADDITION,
according to the plat thereof as recorded in Plot Book 3, Page 73, Public Records of Seminole County, Florida
being more particularly described as follows:
BEGIN at the Southeast corner of Lot 7, J.A. BISTLINE'S ADDITION TO LONGWOOD as recorded in Plat Book 3, Page
6, Public Records of Seminole County, Florida, thence North 89 degrees 59 minutes 51 seconds West 30.00 feet
along the North right of way line of EVERGREEN STREET as described and recorded in the aforesaid Plat Book 3,
Page 6, and Plot Book 3, Page 73; thence South 00 degrees 00 minutes 09 seconds West 51.19 feet to a
point on the South right of way line of said EVERGREEN STREET; thence North 89 degrees 50 minutes 41
seconds East 228.50 feet along said right of way line; thence North 00 degrees 00 minutes 09 seconds East
50.56 feet to a point on said North right of way line; thence North 89 degrees 59 minutes 51 seconds West
198.50 feet along said right of way line to the Point of Beginning.
CONTAINING: 0.267 acres, more or less.
J.A. BtSTUNE'S ADDITION To —
LONGWOOD PUT BOOK 3, PX;£ 8
71
0I
0
_0
o)
0
_ Z
3 '
o�
SCALE: 1 " = 60' o 0
FARRIERS ADDITION
PUT ``BOOK 3, PAGE 73 1 i
14 I 12
13 I p :
to
16SOUTH BOUNDARY OF LOTS 11, 12, 13,
14AND
LINEE ODSTREET F EVERGREEN THE NORTH RIGHT OF
WAY1 1 z
I
9.50'(P) 50.00'(P) 50.00'(P) 29.00'
nLO
I N89'49'52'
N89'50'41'
138.99' 7.99' N89'59'51 "W w
138.99' EVERGREEN STREET o
PER PLAT BOOK 3, PAGE 73 0 0
AND PLAT BOOK 3, PAGE 6
1 19.44' N z N
119.50'
30.35' 69.50'(P) I 50.00'(P) I 50.00'(P) ' 50.00'(P
75.00'(P) I I
NO7 TH AND BOUNDARY
tAND THE SOUTHRIGHT OF I
13 WAY LINE OF EVERGREEN STREET
J A BISTLINE'S ADDITION TO 1 0 I I ( o
LONGWOOD PUT BOOK 3, PAGE 8
10 I IN
13 I z 13 ( is I 17 is
to
Z
1 I I I
eiolrs I,
FARRIERS ADDfT10N
1. THIS IS NOT A SURVEY. PLAT BOOK 3, PAGE 73
2. This Plot represents o Sketch of the Description prepared by
Jones, Wood & Gentry, Inc., per client's instruction and does
not indicate ownership.
3. Bearings shown hereon ore based an the North right of way
line of Evergreen Street as bearing N89'50'41 "E, assumed.
1""'
" 434 & RONALD REAGAN, LLC.
DATE: 12-6-12 DRAWN BY: DGJ
NOT VALID WITHOUT SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER
DANIEL E. GENTRY JR., Florida Registration Number 5047
LEGEND:
(P) = PLAT
(F) = FIELD MEASURED
JONES, WOOD & GENTRY, INC.
PROFESSIONAL SURVEYORS AND MAPPERS — LB1
2600 EAST ROBINSON STREET
ORLANDO, FLORIDA, 32803
407-898-7780
JOB NO. 29016 Sheet 1 of 1
29011—sod rw voc 12-6-12LDWG
TM
BOHLER
E N G I N E E R p N G
October 20, 2014
Mr. Chris Kintner
City of Longwood
Community Development Services Department
174 W. Church Ave.
Longwood, FL 32750
RE: Partial ROW Vacation — Evergreen Street
Wawa — SR 434 & Ronald Reagan
Dear Mr. Kintner:
Bohler Engineering FL, LLC
3820 Northdale Blvd., Suite 300E
Tampa, FL 33624
PHONE 813.812.4100
Please find enclosed our Vacation Application package for the above referenced project. We are hereby requesting a
partial Vacation of the Right -Of -Way (ROW) of Evergreen Street to accommodate the recently installed
improvements associated with the Wawa convenience store. Currently, portions of parking spaces associated with
the Wawa store protrude into the City' ROW, as well as a portion of the dumpster enclosure which serves Wawa.
The intent of the Vacation request is to remove the at -grade improvements which are solely serving Wawa from
within a publicly maintained ROW. The remainder of Evergreen Street which is not being vacated will remain City
ROW, and will be covered by a Right -Of -Way Maintenance Agreement between the City of Longwood and the
owner of the subject parcel.
Based on coordination with Richard Kombluh, we believe that the areas to be vacated adequately accommodate
public infrastructure within Evergreen Street, and this request will not cause adverse impact to the City's ROW.
Please find enclosed the following documents as a part of the Vacation request:
• One (1) Vacation -Abandonment Application
• One (1) check in the amount of $880.00 for Vacation / Public Hearing fees
• One Sketch of Description of the area to be Vacated
• One (1) Exhibit depicting the area to be vacated in relation to the Wawa site improvements
Should you have any questions or wish to discuss the project, please do not hesitate to contact us at (813) 812-4100.
Sincerely,
BOHLER ENGINEERING
Gregory Roth, PE, LEED AP
Project Manager
cc: File
Michael Leeds
CIVIL AND CONSULTING ENGINEERS • PROJECT MANAGERS • SURVEYORS • ENVIRONMENTAL CONSULTANTS • LANDSCAPE ARCHITECTS
WWW.BOHLERENGINEERING.COM
Cost Recovery Agreement
By signing this application, the applicant understands and agrees that, pursuant to Longwood City Code Chapter 59, all
direct costs, expenses and fees incurred by the city relating directly to the review, processing, inspection, or regulation
of an application, including but not limited to the time of city consultants, as well as those relating directly to
advertising, surveying, legal and engineering for an application or project shall be assessed to the applicant and
reimbursed to the City.
To cover these costs, many applications require a review deposit. However, the applicant is responsible for the full
amount of any direct cost, even when the deposit amount is exceeded.
Where applications require after -the -fact invoicing, the City will review the application and invoice the applicant
monthly, unless a letter from the applicant is received by the City indicating that the application is being discontinued.
For all other applications, if it is anticipated the deposit amount will be exceeded, an estimate will be prepared,
approved by staff and forwarded on to the applicant for review and approval to proceed. No cost will be incurred by
the applicant (nor will any direct cost beyond the deposit be incurred by the City) until a revised estimate has been
accepted in writing by the applicant. Project review will be put on hold until the applicant has signed off on the
estimate. Full payment of all fees is a requirement for City's final approval of the Application.
Following the approval of a permit and the payment of all required fees, or following a written letter from the applicant
indicating a discontinuance of the permit application, any remaining balance will be refunded to the applicant, typically
within 60 days."
APPLICANT INITIALS bli
Created August 28, 2014
SKETCH OF DESCRIPTION
DESCRIPTION
That part of EVERGREEN STREET, J.A. BISTLINE'S ADDITION TO LONGWOOD, according to the plot thereof as recorded
in Plot Book 3, Page 6, Public Records of Seminole County, Florida and EVERGREEN STREET, FARMERS ADDITION,
according to the plot thereof as recorded in Plot Book 3, Page 73, Public Records of Seminole County, Florida
being more particularly described as follows:
BEGIN at the Southeast corner of Lot 7, J.A. BISTLINE'S ADDITION TO LONGWOOD as recorded in Plat Book 3, Page
6, Public Records of Seminole County, Florida, thence North 89 degrees 59 minutes 51 seconds West 30.00 feet
along the North right of way line of EVERGREEN STREET as described and recorded in the aforesaid Plot Book 3,
Page 6, and Plat Book 3, Page 73; thence South 00 degrees 00 minutes 09 seconds West 51.19 feet to a
point on the South right of way line of said EVERGREEN STREET; thence North 89 degrees 50 minutes 41
seconds East 228.50 feet along said right of way line; thence North 00 degrees 00 minutes 09 seconds East
50.56 feet to a point on said North right of way line; thence North 89 degrees 59 minutes 51 seconds West
198.50 feet along said right of way line to the Point of Beginning.
CONTAINING: 0.267 acres, more or less.
= JA BISTLINE'S ADDfT10N TO
I FARMERS ADDtT}ON
-
LONGINOOD PLAT BOOK 3, PAGE 6
( PUT BOOK 3, PAGE 73 I
11
7I
14 13 12 I
I :
I
I
0
OI
SOUTH BOUNDARY OF LOTS 11, 12, 13,
o I
14AND
I r WAY L NE OF EVERGREEN S REETOF I
I Z
_ Z
3 36.2C
o�—
SCALE: 1" = 60' 0 0
00 a
O N a!
to
30.35'
69.50'(P) I 50.00'(P) I 50.00'(P) 1 29.00'
138.99' 7.99' N89'59'51 "W w
-8.41' 138.99' EVERGREEN STREET o a
PER PLAT BOOK 3, PAGE 73
AND PLAT BOOK 3, PAGE 6 O O
39'49'S2"E 119.44' N 0 to
69'S0'41 "E 119.50'
69.50'(P) 1 50.00'(P) I 50.00'(P) I 50.OD'(P)
75.00'(P) L I I I
NORIH AND 18NAANDYTHE SOUTH OF LOTS I RIGHT OF I
WAY LINE OF EVERGREEN STREET
— JA BISTUNE'S ADDITION TO � o I ( I
LON(.'WOOD PUT BOOK 3, PAGE 6 I `rl o
10 I I IN
13 I z 15 I 1s I 17 Io 16
Z
I I I I
I ► I
NO1FS I_ FARRIERS ADDITION
1. THIS IS NOT A SURVEY. PUT BOOK 3, PAGE 73
2. This Plot represents a Sketch of the Description prepared by
Jones, Wood & Gentry, Inc., per client's instruction and does
not indicate ownership.
3. Bearings shown hereon ore based on the North right of way
line of Evergreen Street as bearing N89'50'41 "E, assumed.
r--' 434 & RONALD REAGAN, LLC.
DATE: 12-6-12 DRAWN BY: DGJ
NOT VALID WITHOUT SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER
DANIEL E. GENTRY JR.. Florida Registration Number 5047
LEGEND:
(P) = PLAT
(F) = FIELD MEASURED
JONES, WOOD & GENTRY, INC.
PROFESSIONAL SURVEYORS AND MAPPERS — LB1
2600 EAST ROBINSON STREET
ORLANDO, FLORIDA, 32803
407-898-7780
JOB NO. 29016 Sheet 1 of 1
29011—sod rw vac 12-6-12LDWG
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N89.53'49•E 119.50'
EVERGREEN
R.O.W.
EXHIBIT