19-2154 Vacation and Abandonment of Portion of the Drainage and Utility Easement Located at Property Line 860 Bucksaw PlaceORDINANCE NO.19-2154
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, PROVIDING FOR THE VACATION AND
ABANDONMENT OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENT LOCATED ALONG
THE EAST PROPERTY LINE OF 860 BUCKSAW PLACE AS MORE PARTICULARLY DESCRIBED IN
THIS ORDINANCE; PROVIDING A CONDITION THAT A POSTIVE FLOW AND SWALE BE
MAINTAINED WITHIN THE REMAINING PORTION OF THE DRAINAGE AND UTILITY EASEMENT
AS MORE PARTICULARLY DESCRIBED WITHIN THIS ORDINANCE; PROVIDING FOR CONFLICTS,
SEVERABILITY, RECORDING AND AN EFFECTIVE DATE.
WHEREAS, the applicant, Anthony V. Godinho (the "applicant") has petitioned the City
to vacate, close, abandon a 25 foot portion of a 40 Foot Drainage and Utility Easement located
along the East property line legally described and depicted in Exhibit "A"; and
WHEREAS, the applicant is the owner of 860 Bucksaw Place, having a Seminole County
Tax Parcel Identification Number 31-20-30-5JG-0000-0820 ("Lot 82") according to the plat
thereof recorded at Plat Book 34, Page 95 and 98 of the Public Records of Seminole County,
Florida ("Longwood Pine Plat"); and
WHEREAS, a positive flow and a Swale shall be provided and maintained at all times on
each side of the entire length of the remaining easement to provide drainage run-off for
properties from the north to the south end toward the waterway; 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 drainage and 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 OFTHECITY.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 a 25 foot portion of a 40 foot utility easement is granted with the
condition that the remaining 15 foot drainage and utility easement must maintain positive flow
(minimum grade of 0.5 inch/foot or sloped to follow the grade of natural ground) from the
north end of the property to the south end toward the waterway at all times. The flowline shall
follow a swale at a depth of at least 6" depth no wider than 11' with a 2' buffer on each side of
Ordinance No. 19-2154
Page 1 of 2
the easement. 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.
SECTION 3. No activities or improvements shall be permitted within the Vacated Area
that conflict or interfere with the drainage area or any utilities within the remaining utility
easement.
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 S. 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. RECORDING. After adoption, this Ordinance shall be recorded in the public
records of Seminole County, Florida.
SECTION 7. EFFECTIVE DATE. This Ordinance shall be in force and take effect
immediately upon adoption.
FIRST READING: March 18, 2019
SECOND READING/PUBLIC HEARING: April 12019
PASSED AND ADOPTED THIS 1st DAY OF April' 2019.
A
MICNEU
CITY CLE
FCRM
BEN PARIS, MAYOR
Approved as to form and legality for the use and re ' f the City of Longwood, Florida, only.
r
DANIEL W G Y, ITY ATTORNEY
Ordinance No. 19-2154
Page 2 of 2
EXHIBIT A
Description of Sketch Sheet 1 of 2
Legal Description:
A PORTION OF THE EAST 40 FOOT DRAINAGE AND UTILITY EASEMENT ON LOT 82, HIDDEN OAK
ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 34, PAGES 95 THROUGH
98, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 82, RUN NORTH 62-24'04" WEST, A DISTANCE
OF 16.91 TO A POINT ON THE NORTH LINE OF SAID LOT 82, SAID POINT BEING THE POINT OF
BEGINNING;
THENCE DEPARTING SAID NORTH LINE RUN SOUTH 00-05'56" WEST, A DISTANCE OF 115.18 FEET;
THENCE RUN SOUTH 89-34'56" WEST, A DISTANCE OF 25.00 FEET; THENCE RUN NORTH 00°05'56" EAST,
A DISTANCE OF 128.42 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 82; THENCE ALONG SAID
NORTH LINE RUN SOUTH 62e24'04" EAST, A DISTANCE OF 28.18 FEET TO THE POINT OF BEGINNING.
CONTAINING 3044.89 SQ. FT. OR 0.070 ACRES ±.
THE INTENT OF THIS DESCRIPTION IS TO VACATE A PORTION OF THE EAST 40 FOOT DRAINAGE AND
UTILITY EASEMENT.
IT IS NOT THE INTENT OF THIS DESCRIPTION TO VACATE THE 7 FOOT UTILITY EASEMENT RUNNING
SOUTHERLY ALONG THE NORTH LINE OF LOT 82, HIDDEN OAK ESTATES, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 34, PAGES 95 THROUGH 98, OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA.
- Development Note Per City of Longwood -
This IS NOT a Survey. The drainage easement must maintain positive flow (minimum grade of
y 0.5 inch/foot or sloped to follow the grade of natural ground) from the
This is ONLY a Sketch. north end of the property to the south end toward the waterway at all
times. The flowline shall follow a Swale at a depth of at least 6" depth no
wider than 11' with a 2' buffer on each side of the easement.
Ireland k Associates
Surveying, Inc,
800 Currency Circle Suite 1020
Lake Mary, Florida 32746
www.irelandsurveying.com
Office-407.678.3366 Fax-407.320.8165
ANTHONY GODINHO
>Sketch is Based upon the Legal Description Supplied by Client.
>Abutting Properties Deeds have NOT been Researched for Gaps,
Overlaps and/or Hiatus.
-Subject to any Easements and/or Restrictions of Record.
>Beanng Basis shown hereon, Is Assumed and Based upon the Line
Denoted with a "BB".
-Building Ties are NOT to be used to reconstruct Property Lines.
-Fence Ownershlp Is NOT determined.
>Roof Overhanggs Undergground Utilities and/or Footers have NOT
been located UtfLESS otherwise noted.
>Septic Tanks andfor Drainfield locations are approximate and MUST
be verified by appropriate Utilitv Location Companies.
C
- Calculated
PC - Point of Curvature
- Cenledine
Pg, - page
CB
- Concrete Block
PI - Point of Interseclion
CM
- Concrete Monument
P.O.B.- Point of Beginning
Conc.
- Concrete
P.O.L.- Point on Line
D
-Description
PP -Power Pale
DE
- Drainage Easement
PRM - Permanent Reference
Esml.
- Easement
Monument
F.E.M.A. - Federal Emergency
PT - Point of Tangency
Management Agency
R -Radius
FFE
- Finished Floor Elevation
Red. - Radial
Fnd.
- Found
R&C - Reber & Cap
IF
- Iron Pipe
Rea - Recovered
L
Length (Arc)
Rfd. - Roofed
M
- Measured
Set - Set K' Reber &
N&D
- Nail & Disk
Reber Cap "LB 7623"
N.R.
- Non -Radial
Typ. Tyyppicel
ORB
P
- Official Records Book
- Pa,
UE - tJtilily Easement
WM - WalerMeler
P.B.
- Piat Book
A - Della (Central Angle)
•"-
-Wood Fence
-X- - Chain Link Fence
under my pifeclion on the
es Noted and Canrorms
`•+o sup"` Date Signed: 02/15/19
This Sketch is intended 0 Y for the use of Said Cedirred Padi
This Sketch NOT VALID UNLESS Signed and Embossed vriUl Surveyols S
File No. IS-17542
Sketch of Description Sheet 2of2
I
L1
S62' 24' 04'E 16.91'
L2
S0010556"W 115.18,
L3
S89' 34' 56"W 25.00'
L4
NOW OV WE 128A2'
L5
S62" 24' 04'E 28.18'
L6
S62' 24' 041E 38.73'
C1
R= 75.00'
Delta= 14'30'00"
L= 18.98'
ChordBearing=
N59'1 SSE 18.93'
BUCKSAW PLACE
__—__—__
twwmiawana�la®m
1 \
Z �
A '
\
t
O�
\
1
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\ Na
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\ t� LOT 83
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1
1
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6
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LOT 81
Point of
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,wswmwVOF�,
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7
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(VACANT) 4
-11114114- .>°
rrnnNcexsnooNo,
zaw�asaum®o
- Development Note Per City of Longwood -
The drainage easement must maintain positive flow (minimum grade of
0.5 inch/foot or sloped to follow the grade of natural ground) from the NOT To Scale
north end of the property to the south end toward the waterway at all This is NOT a Survey.
times. The flowline shall follow a swale at a depth of at least 6" depth no
wider than 11' with a 2' buffer on each side of the easement. This is ONLY a Sketch.
Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole Countyy, FL
Inst #2019035442 Book:9329 Page:523-526; (4 PAGES) RCD: 4/5/2019 9:30:00 AM
REC FEE $35.50
ORDINANCE NO.19-2154
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, PROVIDING FOR THE VACATION AND
ABANDONMENT OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENT LOCATED ALONG
THE EAST, PROPERTY LINE OF 860 BUCKSAW PLACE AS MORE PARTICULARLY DESCRIBED IN
THIS ORDINANCE; PROVIDING A CONDITION THAT A POSTIVE FLOW AND SWALE BE
MAINTAINED WITHIN THE REMAINING PORTION OF THE DRAINAGE AND UTILITY EASEMENT
AS MORE PARTICULARLY DESCRIBED WITHIN -.THIS ORDINANCE; PROVIDING FOR CONFLICTS,
SEVERABILITY, RECORDING AND AN EFFECTIVE DATE.
WHEREAS, the applicant, Anthony V: Godinho (the "applicant") has..petitioned the City
to vacate, close, abandon a 25 foot portion of a 40 Foot Drainage and Utility Easement located
along the East property line legally -described and depicted in Exhibit "A"; and
WHEREAS, -the applicant is the owner of 860 Bucksaw Place, having a Seminole. County
Tax Parcel Identification Number 31-20-30-5JG-0000-0820.("Lot 82") according to the plat
thereof recorded at Plat Book 34, Page 95 and 98 of the Public Records of Seminole County;
Florida ("Longwood Pine Plat"); and
WHEREAS, a positive flow and a swale shall be provided and maintained at:all times on
each side of the entire length of the remaining easement to provide drainage run-off for
properties from the north to the south end toward the waterway; 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 drainage and 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: l "
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: a 25 foot portion. of a 40 foot utility easement is granted with the
condition that the remaining 15 foot drainage and utility easement must maintain positive flow
(minimum grade of 0.5 inch/foot or sloped to -follow the grade of natural ground) from the
north end of the property to the south end toward the waterway at all times. The flowline shall
follow a swale at a depth of at least 6" depth no wider than 11' with a 2' buffer on each side of
�f
Ordinance No.19-2154
Page 1 of 2
Book 9329 Page 524
Instrument# 20/9035442
the easement. 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.
SECTION 3. No activities or improvements -shall be permitted within the Vacated'.Area
that conflict or. interfere..with .the drainage area or any utilities within. the remaining utility
easement..
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.
.SECTIONS.. 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. RECORDING. 'After adoption, this Ordinance -shall be recorded in the public
records of Seminole County, Florida:
SECTION 7. EFFECTIVE DATE. This Ordinance shall. be in force and take effect
immediately upon adoption.
FIRST READING: March 18, 2019
SECOND READING/PUBLIC HEARING: April 12019.
PASSED AND ADOPTED THIS 15t DAY. OF Apr11, 2019.
BEN PARIS, MAYOR
MC- FCRM
CITY
Approved as to form and legality for the use and r f the City of Longwood, Florida, only.
DANIEL W G , TY ATTORNEY
Ordinance No.19-2154
Page 2 of 2
Book 9329 Pagge 525
Instrument# 2019035442
EXHIBIT A
Description of Sketch Sheet 1of2
Legal Description:
A. PORTION- OF THE EAST 40 FOOT DRAINAGE AND UTILITY. EASEMENT ON LOT 82, HIDDEN OAK
ESTATES, ACCORDING TO THE PLAT THEREOF, ;AS RECORDED IN PLAT BOOK 34, PAGES 95 THROUGH
98, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 82, RUN NORTH 62-24'04" WEST, A DISTANCE
OF 16.91 TO A POINT ON THE NORTH LINE :OF SAID LOT 82, SAID POINT_ BEING THE POINT OF
BEGINNING;
THENCE DEPARTING SAID NORTH LINE •RUN SOUTH ' 00n05'56" WEST, 'A DISTANCE OF 115.98 FEET;
THENCE RUN SOUTH 89034'56" WEST, A DISTANCE OF 25.00 FEET; THENCE RUN NORTH 00005'56" EAST,
A DISTANCE OF 128.42 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 82; THENCE ALONG SAID
NORTH LINE RUN SOUTH 62°24'W' EAST, A DISTANCE OF 28.18 FEET TO THE POINT. OF BEGINNING.
CONTAINING 3044.89 SQ. FT. OR 0.070 ACRES t.
THE' INTENT OF THIS' DESCRIPTION IS TO'VACATE A PORTION OF THE EAST 40 FOOT DRAINAGE AND
UTILITY EASEMENT.
IT 1S NOT THE INTENT OF THIS DESCRIPTION TO VACATE THE.7 FOOT UTILITY EASEMENT RUNNING
SOUTHERLY ALONG THE NORTH LINE OF LOT 82, •HIDDEN OAK ESTATES, ACCORDING TO`THE PLAT:
THEREOF, AS RECORDED IN PLAT BOOK 34, PAGES 95. THROUGH 98, OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA.
- Development Note Per City of Longwood -
This IS NOT a Survey. The drainage easement must maintain positive flow (minimum grade of
y 0.5 inchlroot or. sloped to folow the grade of natural ground) from the
This is ONLY a Sketch. north .end of the properly to the south -end toward the waterway at all
limes. The flowline shall follow a Swale at a depth of at least 6" depth no
wider than 11' with a T buffer on each side of the easement
Sketch Date: 02/15119 1 Sketch of Description Cerfifled To:
Drawn B . D
AnnrnvqrtHu*PKI AMONY GODINHO
Ireland & Associates
hrveylng) Inc.
600 Currency Cirrde Sufte 1 o2o,
lake Mary, Florida 32746
wwwdreWdsurveying.com
0ffice-407.678.3366 Fax407.320.8165..
>Slelrh Is Based upon the Lapel U."Zlpeon &MplledDy Cleat%
"Abutting Properllea Daeda have OTbesn Ressamhed for Gaps,
Overlaps and/or Hielua.
rn w
�Su=ftoanyEesturl"mtdforftmwwonsorRocard,
Ada1?sl:r
>Beedng Basis shown hereon, Is Assumed and Based upon Ow We
Denoted wilt, a -BB'.
�Bullding Tree are NDT to be used to reconclrtmt Properly Pnos.
Fence ownership Is NOT detemdned,
0
:,Roor Ovedlarl s' Underground Utahes endroFooters have NOT
Petri,r
bean located t S otherwiseTtaes
18epso Tanka and/or DMIntieltl toeaeone are approximate and MUST
-Cakulaled - --
PC -
g
-Cona�'t 6.,
' pl
-CConaelemahument
P.O.B.
-Conaele -
P.o.L-
-DDra apnaPaeamml
ppM _
Easeannl
- FederalErnailrony
Pr
ManapemardAgenay
R
-FWsMFioorBova 6on
.Red. -
PoundPrlo.
Rao .
--
.Rd -
Nnp DrcsAa
sReSar
Disk
- Non•Redlal
TIP
- Pradal Reaonre Book
lUll@/l _
of Curyetum
1 -` V ` V11 FIF
6637 : LB 7923
Date Signed: 07/1 &19
Book:9329 Page 526
Instrument# 2U19035442
Sketch
of Description Sheet 2of2
. .. N
BUCKSAW PLACE
ru11p 8 �
W E
1
�d1
S
� •
LOT 83
.1
68r 24' 04E 1&91'
)g •\g+
" .680.OS560 115.18 .
..
A •\
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1
1
..
/P
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se9.34 OW 28.00'
I
...
t
1
L4 .
N00.0,456E 125.42'LS
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- _ b
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I .
S9r 24. 04E 21LI&
- - LOT51
I
♦ (B �� �4��8
r�
Point Of
lu
I
b'
3...
Beginning
SGr 2 r WE 38.73'
a
I
+
I
Z A
0+
nnranwe/nsr 1
IOot YnU1YG1l
ImwMmtevt®
,
O1
i
R= 75.W ..
Delta" 14'35b9'
_
LOT.2
(VACANT) +
1
ChordDeuMpe
1,49'15MM 18.93'
' : _ N90'BO'00'E 95Ao'-
+
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♦ Imrwrwl
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tll.
bl
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LEOPTOOP�7RACTSm�\\ ��Wh
1
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—S59'34'56'W 198.01' •
P.O.B.
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pe�ro111
gut fitat} 1a10/xx
Ireland �/ Assod9t Inc.e's Development Note Per City of Longwood -
IJ 14f UGnThe drainage easement must maintain positive flow (minimum grade.of
Survey
0.5 inch/foot or sloped to follow the grade of natural ground) from the NOT To Scale
north end of the property to the south end toward the waterway at all.
1901 S Lake Mary. Pada 4WIe,2001 .. times. The flowiine shall follow a swale at a depth of at least 6" depth no This is NOT a Survey.
Lake Mary. Florida .com=740 wider than 11' with a 2' buffer on each side of the easement., This is ONLY a Sketch.
www.hllundsurv.yln9.eom
Of(ica-407.678.3366 Fax-407.320.8165
Ra No. IS•17642