Ordinance No. 2024-4807 An ordinance of the City of Sanford, Florida vacating and abandoning a portion of right-of-way of Poplar Avenue relating to a parcel of property generally located at 1001 West 8th Street, Sanford, Florida of said right-of-way being platted in the plat of Seminole Park, as recorded in Plat Book 2, Page 75 of the Public Records of Seminole County; providing for legislative findings and intent; providing for incorporation of exhibits; providing for the taking of implementing administrative actions and owner agreements; providing for a savings provision and ratification of prior actions; providing for conflicts; providing for severability; providing for non-codification and providing for an effective date. Whereas, an application was filed with the City Commission of the City of Sanford, Florida, to vacate a portion of Poplar Avenue right-of-way generally located at property addressed as 1001 West 8th Street, Sanford, Florida and upon Lot 1 of the plat for Boulevard Plaza Subdivision Replat, as recorded in Plat Book 2, Page 75 of the Public Records of Seminole County as depicted on the attached exhibits and made a part hereof by this reference thereto; and - Whereas, the City Commission finds that the vacating of said right-of-way as set forth in this Ordinance, will not operate to the detriment of the City or the public; and Whereas, the City Commission further finds that all other conditions required by controlling law have been met. Now, Therefore, Be It Enacted By The People Of The City Of Sanford, Florida: Section 1. Legislative Findings And Intent. (a). The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the recitals (whereas clauses) to this Ordinance, the City staff report and City Commission agenda memorandum relating to the application and the proposed vacation of the right-of-way as set forth herein. (b). The City of Sanford has complied with all requirements and procedures of 1Page vacation of the cross-access easement as set forth herein. (b). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. (c). This Ordinance is consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford and Section 6.19 of the Land Development Regulations of the City of Sanford. Section 2. Vacation of a portion of Right-Of-Way and implementing actions. (a). An existing portion of Poplar Avenue right-of-wat generally located at generally located at 1001 West 8th Street, Sanford Florida and the plat for Seminole Park 1 as shown in Plat Book 2, Page 75 oft the Public Records of Seminole County as depicted on the attached exhibits is hereby vacated. (b). The City Manager, or designee, is hereby authorized to execute the documents necessary to implement the action taken herein. Section 3. Recordation. After the adoption of the vacate ordinance, the City shall record this Ordinance in the Public Records (Land Records) of Seminole County and the property owners have agreed to pay the costs thereof and expressed their consent and desire to have this Ordinance recorded. All costs of the portion of right of way vacation matters and the recording of this Ordinance shall be paid by the applicant upon the City requesting payment of such costs. Section 4. Savings; Ratification of Prior Actions. The prior actions of the City relating to the use and vacation of easements and rights-of-way are hereby ratified and affirmed. Section 5. Conflicts. 2Page All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. Section 6. Severability. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconsttutional. Section 7. Non-Codification. This Ordinance shall not be codified. Section 8. Effective Date. This Ordinance shall take effect immediately upon passage and adoption. Passed and adopted this day of 2024. Attest: City Commission of the City of Sanford Traci Houchin, MMC, FCRM Art Woodruff City Clerk Mayor Approved as to form and legal sufficiency. William L. Colbert City Attorney 3IPage CITY OF a SANFORD 57.187 FLORIDA Business Impact Estimate This form should be included in agenda packet for the item under which the proposed ordinance is to be considered, and must be, posted on the City's website by the time notice of the proposed ordinance is published. An ordinance of the City of Sanford, Florida vacating and abandoning a portion of right-of-way of Poplar Avenue generally located at 1001 West 8th Street, Sanford Florida of the plat of Seminole Park, as recorded in Plat Book 2, Page 75 of the Public Records of Seminole County; providing for legislative findings and intent; providing for incorporation of an exhibit; providing for the taking of implementing administrative actions and owner agreements; providing for a savings provision and ratification of prior actions; providing for conflicts; providing for severability; providing for non-codification and providing for an effective date. The City is of the view that the following exception(s) to the Business Impact Estimate requirement, that are checked off in a box below, apply to the above-referenced proposed ordinance. Although, the City is implementing the procedure required by statutory law to ensure that no inadvertent procedural issue could impact the enactment of the proposed ordinance. The proposed ordinance is required for compliance with Federal or State law or regulation; The proposed ordinance relates to the issuance or refinancing of debt; The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; The proposed ordinance is required to implement a contract or an agreement, including, but not imited to, any Federal, State, local, or private grant, or other financial assistance accepted by the The proposed ordinance is an emergency ordinance; The ordinance relates to procurement; or The proposed ordinance is enacted to implement the following: 1IPage a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; C. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that, an exemption noted above may apply, the City hereby publishes the following information: 1. Summary of the proposed ordinance (must include statement of the public purpose, such as serving the public health, safety, morals, and welfare): The Ordinance provides for the partial vacation of an existing right-of-way which action will enable the cure of a title encumbrance and allow for the sale of real property and will enhance the tax base of the City, 2. Estimate of direct economic impact of the proposed ordinance on private, for-profit businesses in the City: None. 3. Estimate of direct compliance costs that businesses may reasonably incur: None. 4. Any new charge or fee imposed by the proposed ordinance: None. 5. Estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to cover such costs: The effect of the proposed ordinance should be to enhance the tax base of the City. 6. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: None. 2Page 7. Additional information Reference to the City staff reportlagenda memorandum and the public hearings on the proposed Ordinance may be of assistance. 3/Page