Ordinance ORD-15-1492 - Vacation of Easement

CITY MANAGER
MEMORANDUM
To:
The Honorable Mayor and City Commissioners
Through:
Jonathan Evans, City Manager
From:
Fred Reilly, City Attorney
Date:
May 7, 2015
Subject:
Vacation of Easement
Introduction
Adopt an Ordinance regarding a request to vacate an existing easement on property known as
Central Park of Haines City.
Background
Staff has received a request for the City to vacate an existing easement for property known as
Central Park of Haines City. The property is described as follows:
THE WEST ONE-HALF OF THE SOUTHWEST 1/4 OF THE SOUTHEAST
1/4 OF SECTION 19, TOWNSHIP 27 SOUTH, RANGE 27 EAST, POLK
COUNTY, FLORIDA; LESS AND EXCEPT THE NORTH 60 FEET
THEREOF; AND LOT 21 OF HAINES CITY INDUSTRIAL PARK,
ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT
BOOK 45, PAGE 10, PUBLIC RECORDS OF POLK COUNTY, FLORIDA.
The purpose of the request for vacating the existing easement is to allow correction to the legal
description of the land based on the as-built layout. Related to this matter, a new easement was
received and approved by the City Commission on March 19, 2015, which granted the City of
Haines City the same rights as currently enjoyed by the existing easement. All recitals within the
attached Ordinance, will be adopted upon approval.
On November 18, 1971, Central Park of Haines City, Inc., created an easement and right-of-way
across real property for the benefit of the City of Haines City, by Easement recorded on August
18, 1978 in O.R. Book 1827, Page 1800 of the public records of Polk County, Florida
(hereinafter referred to as the “1971 Easement”). Those certain parcels of real property are
described in the 1971 Easement (collectively referred to as the “1971 Easement Property”) are as
follows:
The following described Streets and Avenue all lying in the West ½ of the SW ¼ of the SE ¼ of
Section 19, Township 27 South, Range 27 East, Polk County, Florida:
Street A: The West 30 feet of the East 80 feet of the South 300 feet of the North 510 feet,
the West 100 feet of the East 125 feet of the South 50 feet of the North 210 feet, the West
30 feet of the East 125 feet of the South 100 feet of the North 160 feet, the West 30 feet
of the East 55 feet of the South 100 feet of the North 160 feet, the West 40 feet of the
East 510 feet, thereof.
Street B: The East 40 feet of the West 165 feet of the North 380 feet of the South 530
feet.
Street C: The East 30 feet of the West 130 feet of the South 200 feet of the North 460
feet.
Avenue A: The North 40 feet of the South 150 feet, LESS the West 50 feet and the East
75 feet.
Avenue B: The North 40 feet of the South 340 feet, LESS the West 165 feet and the East
115, thereof.
Avenue C: The North 40 feet of the South 530 feet, LESS the West 165 feet and the East
115 feet, thereof.
Avenue D: The South 30 feet of the North 460 feet, LESS the West 130 feet and the East
80 feet, thereof.
Avenue E: The South 30 feet of the North 375 feet, LESS the West 130 feet and the East
80 feet, thereof.
Avenue F: The South 30 feet of the North 290 feet, LESS the West 130 feet and the East
80 feet, thereof.
SEWER EASEMENT: The East 10 feet of the South 140 feet of the North 460 feet and
the South 10 feet of the North 460 feet of the West 40 feet of the East 50 feet.
Budget Impact
There is no budget impact as a result of this request.
Recommendation
Approve the Ordinance requesting to vacate an existing easement on property known as Central
Park of Haines City on Second Reading.
Attachments:
Page 2 of 3
a)
b)
c)
d)
Ordinance 15-1492 Vacation Long Family (DOC)
Central Park Survey Overlay (PDF)
Map of Central Park Easement to be Vacated
(PDF)
Central Park Easement Vacation Request Letter
(PDF)
Page 3 of 3