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16-2095 Vacation and Abandonment a Portion of Evergreen Ave ROW Located East of S Ronald Reagan and S of S.R. 434MARYANNE MORSE; SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER BK 8772 Pos 194-412 (19P93 ) CLERK'S x 2016099290 RECORDED 09/22/2016 i i_ie i =..,T A17 RECORDING FEES 6,163.00 ORDINANCE NO. 16-2095 RECORDED BY hdevore 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 and Park `N' Stop, Inc. (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 10A0.4, 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. I 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 0 abandoned by the City of Longwood SUBJECT to a reservation of a perpetual utilities easement o ' in favor of the City of Longwood over, under and through such lands -described in Exhibit "A" N for the operation, control, regulation, construction, installation, repair, replacement, maintenance, use and modification of public and private franchise utilities and facilities, including but not o g 0 c limited to stormwater drainage lines, lighting facilities, sewer lines, water lines, reclaimed water � Gs w lines, gas lines, electric lines, cable television lines, telecommunication lines, fiber optic cables a 3 o and other public utilities and facilities of every type and appurtenances thereto. Such utilities Ordinance No. 16-2095 Pace 1 of 2 easement reservation includes the right of "A" to carry out the purposes of said uti: Longwood to grant permits to other util: easement area. The City of Longwood sha replacement of improvements within said constructs or accepts responsibility for m surface improvements including pavemen area at the property owner's sole cost improvements shall be permitted that c constructed by or those that are authori easement. SECTION 3: Recording. After records of Seminole County, Florida. SECTION 4: Conflicts. To the with any previously enacted Ordinances control to the extent any such conflict(s) SECTION 5: Severability. If an; portion of this Ordinance, or application hei by any court of competent jurisdiction, suc distinct, and independent provision of such portions thereof to the extent practicable. SECTION 6: Effective Date. immediately upon adoption. FIRST READING: September 6, 2016 SECOND READING/PUBLIC HEARING: PASSED AND ADOPTED THIS 19t' DAY tA I N f) kFi wWle- Lon CAW, City, ?Clerk Appro-,�bgi, `sand"legality for the use ` �0t:z. Dani Langl060�� ngress and egress upon the land described in Exhibit ities easement and includes the right of the City of ties owners for use of and access to such utilities Il only be responsible for the maintenance, repair and utilities easement area that the City of Longwood iintenance. The property owner shall maintain the , sod and landscaping within the utilities easement ind expense. No activities, landscaping or other onflict or interfere with the utilities installed or red by the City of Longwood within the utilities this Ordinance shall be recorded in the public this Ordinance, or any provisions thereof, conflict City of Longwood, Florida, this Ordinance shall section, subsection, sentence, clause, phrase, or )f, is for any reason held invalid or unconstitutional portion or application shall be deemed a separate, )lding shall not affect the validity of the remaining Ordinance shall be in force and take effect F September, 2016. J s o, Mayor P11 reliance of the City of Longwood, Florida, only. No. 16-2095 ;2of2 r' S SKETCH OF DESCRIPTION DESCRIPTION That part of EVERGREEN STREET, J.A. BISTLINE'S ADDITION TO LONGWOOD, according to the plot thereof as recorded in Plat. Book 3, Page 6, Public Records of Seminole County, Florida and EVERGREEN STREET, FARMERS ADDITION, according to theplat 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 Plot 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 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. 819"E'S ADDITION TO —= FARMERS ADDITION LONf.'MI000 PLAT BOOK 3. PAGE d I PLAT 8001( 3, PAGE 73 11 7 - I 14 13 1200 I I I I 0 I 0 pI SOUTH BOUNDARY OF LOTS 11, 12, 13. o 7 AND THE NORTH RIGHT F 14WAYDLINE o I I OF EVERGREEN STREET I lm50'(P) I z _ z 50.00'(P) I 50.00'(P) 29.00' 35.20' 138.99' 7.99' N89759'51 "W a g 41' 138.99' EVERGREEN STREET w SCALE: 1 " = 60' o0 0o PER PLAT BOOK 3, PAGE 73 AND PLAT BOOK 3, PAGE 6 00 0 o to N89'49'52"E - 119.44' N z 'n N tO N89'50'41 "E 119.50' n 30.35' 69.50'(P) 50.00'(P) I 50.00'(P) I 50.00'(P) 75.00'(P) I I I NORTH BOUNDARY OF LOTS 13, 15, 1.6, 17 AND 18 AND THE SOUTH RIGHT OF WAY LINE OF EVERGREEN STREET JA. BISTLINE'S ADDITION 70 IAN4IMOOD PLAT BOOK 3. PAGE 6 IO I I IN 13 Iz 15. I 1e I 17 Io 10 Z Now I_ FARMERS ADDTIION 1. THIS IS NOT A SURVEY. PLAT BOOK 3. PAGE 73 2. This Plat 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. rUK: 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.- L131 2600 EAST ROBINSON STREET ORLANDO, FLORIDA, 32803 407-898-7780 , JOB NO. 29016 Sheet 1 of 1 29011-sod rw voc 12-6-12LDWG Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst #2020033209 Book:9566 Page:1319-1322; (4 PAGES) RCD: 3/26/2020 2:41:23 PM REC FEE $35.50 After Recording Return to: City of Longwood Michelle Longo, City Clerk 175 West Warren Avenue Longwood, Florida 32750 Prepared by: Caniel W. Langley, ESQUIRE 1947 Lee Road Winter Park, Florida 32789 NOTICE OF CORRECTION OF SCRIVENER'S ERROR (City of Longwood Ordinance No. 16-2095) The City of Longwood, a Florida municipal corporation hereby gives notice that the Exhibit "A" attached to Ordinance No. 16-2095 recorded on September 22, 2016 at Official Records Book 8772, Pages 894-412, Public Records of Seminole County, Florida ("Ordinance"), was the incorrect Exhibit and that the Exhibit "I" attached to this Notice is hereby substituted for Exhibit "A" attached to the Ordinance. As the fee simple property owners affected by the Ordinance, 434 & Ronald Reagan, LLC and Park "N" Stop, Inc. ("Adjacent Owners") hereby join in and consent to this Notice and the substitution of the Exhibit "A" of the Ordinance as described above. The Adjacent Owners disclaim and release any interest to the City of Longwood in the portions of Evergreen Avenue right-of-way that were previously mistakenly referenced in the original Exhibit "A" recorded with the Ordinance. � P -� ,# -0 .T Joined in and consent to by: WZt7-� Signature Cory�kins Print Signature Print Ci ongwood M organ or 434 & Ronald Reagan, LLC By: l(—,� A%L u*-4 T . Its: RA'vY" State of Florida County of AYIY,>^.�iL The foregoing instrument was acknowledged before me by means of ) T physical presence or 0 online notarization, this 13� day of ItLrkf. , 2020, byMitl el T, 4-k eras G. i of 434 & Ronald Reagan, LLC, e ur has produced AZ1117 (type of identification) as identification. �) CORM P HOPKINS MY COMMISSION r GG004280 Cory P. Hopkins EXPIRES June 26, 2020 (ACT) 30"163 FbeMs Swv�a.00a Book 9566 Page 1320 Instrument# 2020033209 Joined in and consent to by: Witnesses: An re a 6 P Print Signature l% C,�,r Print Park "N" Shop, Inc. By: Its: 1�1e Y,, e7' �Y State of Qer-ie Countyof N e vj � The foregoing instrument was acknowledged before me by means of aphysical presence or ❑ online notarization, this ' j ' day of rZ 19 • , 2020, by 0111L, (XCJ 1 1 as Pf ,7°, , cl e , , l- of Park "N" Shop, Inc., who is personally known to me or has produced Drive.", Lic,,r;- (type of identification) as identification. 1_O,�_(-L2kL DEBORAH L. WISNIEWSKI Notary Pubk State of Delaware My Commission Expires 2/2/2022 Book 9566 Pagge 1321 Instrument# 2C 20033209 EXHIBIT "1" SKETCH OF DESCRIPTION DESCRIPTION That port of EVERGREEN STREET PLR FARMERS ADDITION, o-cording to the plet therccf as recard^a in P!at Book 3, Page 73, put:G: Records of Seminole County. Florida bern-g more particularly described as loilows COMMENCE of the southwest corner of Lot 14, FARMERS ADD17K)N, as recorded In Plot Book 3, Page 73, Public Records of Seminole Cojr,ty• Florida. !hence South 89 degrees 59 minutes 51, seconds East 6.2C feet along the North right of way Ilse of said EVERGREEN STREET for We POINT OF BECINNING; thence continue South 89 degrees 59 minut-es 51 seconds East 138.99 feet along the North right of way line, thence South CO degrees 10 minutes 16 seconds East 7,99 fee'.: thence South 89 degrees 49 "nutes 52 seconds West 138 99: thence North 00 degrees 10 rnrnutes 08 seconds East ?.41 to the Point of Beginning C7NTAINI>1G 1139 sq•r:Tr._ r•!,t, more or less — J.A. 81STUNE'S ADDQION To FARMERS ADDIT&I LONOMM PLAT 6001t 3. PACE 6 ( PLAT BOOK 3. PAGE 73 t t 14 1 13 1 1 !0INIT nF C )MM -N_Cf MENT t2 w nlc�k:� yr' ' nT 1 i 1 j L40Ft14 IFIGNT of N41I ! Arit LV_RLktGN jTRttT p .:(i' ._l c q•�i•.1r,' '•L7 'P 49' ._ GO' - ' t: ".. SCALE: 1" - 60' ,' 1� e 4'' EvEs'C-IE.E.: STr.ET KAN-, OF FicQN-4ING.r �":''08.,1r itK •�Al bOOK i, F•ACA :S .-. _.._ _. AR4 r,1AT iilJJri c. Aar_ V ! I I 1 I t S"ifIrlARY OF 1 0TS • S t !; t n. 1, AND `P ►N1 Tffg •',p;JT. aicFfr of WAY tJNt O+ 4-Vf;RQrtt.t11 5Tr+EBT J.A. 115ILVII'S ADDI M TO Lwamw PLAT ww & PAOE 6 is �s 1 u 17 1 ; i I 1 FARMERS ADDITION I Tw> IS •+C! t A ; _,a� g r PLAT BOOK 3. PAGE 73 Plat repre,5+nts <r SI•elcl, of Mr JeSc r,pe,or. pre Cored by Jorws W^rat ,i .:rn•n, Irc ,er �krn''s in;huchon ono noes nil o.re-�tor 3 4ennagS 9hnwrl hwret•n ore Eased on the N>rlh rrohf a? sov brie of e: yr ;r!�r. `;•^eo' a: te�rmr, 118a'SU A; E. nss•Jr"C•1 434 & RONALD REAGAN, LAC. .;ATE 16 -1:`. - ! u 01AA N nTGI,.j,_.�_- --•.. ,r t vA1'+^ ;,TIT •_I' T.� 'A%:: T-IE C'R!;INA: I:AIScC IP LEGEND: AT JOKES, WOOD & GENTRY, INC. ,:,r S;iItFNAL SurViYG<\AnU 4ttF'•'.'�-• - LEA 2600 EAST ROBINSON STREET ORLANDO. FLORIDA, 32803 407-898-7780 JOB NO. 2901 1 —4A Sheet 1 of i hI I.... 4A sud OX,,, Book 9566 Page 1322 Instrument# 2020033209 EXHIBIT "I" SKETCH OF DESCRIPTION DESCRIPTION That port of EVERGREEN STREET, PER 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 os follows: BEGIN of the Northwest corner of Lot 15, FARMERS ADDITION, as recorded in Plot Book 3, Page 73 Public records of Seminole County, Florida, thence North B9 degrees 50 minutes 41 seconds East 119.50 feet along the South right of way line of EVERGREEN STREET as described and recorded in the said Plot Book 3, Page 73; thence North 00 degrees 21 minutes 30 seconds West 17.21 feet; thence South 89 degrees 49 minutes 52 seconds West 119.44 feet. thence South 00 degrees 10 minutes 08 seconds East 17.18 feet to the Point of Beginning. CONTAINING: 2054 square feet, more or less. J.A. BISTUNE'S ADDMON TO -I- -- --- FARMERS ADDITION --- LONGWOOD PLAT BOOK 3. PAGE 0 I PLAT BOOK 3, PAGE 73 7 14 I I 13 12 I I I I I I I I I N89'59'51"w EVERGREEN STREET PER PLAT BOOK 3. PACE 73 SCALE: 1 " 6011 18 AND PLAT BOOK .5, PAGE 6 ,30"10*08"E - 1721 1 S89'49 527 1 IQ 44' r 1,100'21'30"W POINT OF BEGINNING I I I �— NW CORNER LOT 15 SOUTH RIGHT OF WAY LINE Of EVERGREEN I STREET s I --- JA BISTUNrS ADDITION TO n LONGWOOD PLAT BOOK 3. PAGE 0 I I IN Ia 13 17 10 o 1 0 17 I ! I FARMERS ADDIITM-_— I THIS Is NOT A SURVEY PLAT BOOK 3, PAGE 73 2 This Plat represents a Sketch of the Descriptior prepared by Jones, Wood h Gentry. Inc., per chew's instruction and does not indicate ownership. LEGEND: 3 13earmgs shown h►renn ore hosed nn the North right of way (P) - PLAT line of Everqreen Street as bearing N89'50'41 "E, assumed (f) - FIELD MEASURED FOR 434 & RONALD R.EAG 1-C. JONESI WOOD & GENTRY, INC. DATE of-os-I /.' AVjN DY GJ _ PROFESSIONAL SURVEYORS ANO WIPERS I 2600 EAST ROBINSON STREET NOT VALID IT .(IT S J AT„R- A T ORIGINAL RAIsf:D SEAL. OF 1.0 DA eIC - S R YOR AND MAPPER ORLANDO, FLORIDA. 32803 r -- 407-898-7780 i JOB NO. 29011 —4B Sheet 1 of 1 DANIEL E. GENTRY JR.. Fluri Re islr jpin,I N�m�,e,-$047 29011-48-sod DWG