Constantine inquired if the vacate could be done at the same time as a rezone hearing
or if it was needed today. Ms. Solik responded it was a matter of timing for her client
and generally these are perfunctory applications.
Commissioner Dallari inquired why they didn't leave the utility easement in whole. Ms.
Borkert responded the utility easement done on the sketch is done by a separate OR
book and page. This is vacating the portion of Toula Avenue as it is on the plat. It
won't vacate another easement that was put in place by a separate document. It only
releases whatever interests the County has within that right-of-way. Ms. Solik clarified
the easement that was given both to the utility provider on the east side and provider
on the west side is a lot description. The legal description of that easement doesn't
include any area within the right-of-way. The water company does not have any right
to be in the right-of-way now. Their legal description is all the way around it. Sunshine
Water does have a waterline that runs down the western edge but no easement. The
applicant will be giving them one.
Commissioner Dallari inquired if Parks and Recreation/Natural Lands will need this for
additional access to the Seminole Trail in the future. Ms. Sillaway stated her
understanding is no. Chairman Zembower commented regardless what Parks and
Recreation needs or doesn't need as far as access to the trial, he believes it is a viable
option for supportive services for something in the future. Rebecca Hammock,
Development Services Director, advised staff did reach out to Parks and Recreation,
and they had no objection to the vacate. She does not know if they specifically looked
at anything related to future access to the trail. What they have done in the past when
there were proposed PDs on the trail is they've required the PD to provide a trailhead
or access to the trial, and that is an option for the Board to consider if the PD does
move forward. Board discussion ensued.
Ms. Solik inquired if this can be continued. Commissioner Constantine, as the district
commissioner, stated if and when they ever come back to look at this property and put
the two sides of the north and the south together, it can be considered then, so he
does not want to continue it.
Motion by Commissioner Constantine, seconded by Vice Chairman Herr, to deny the
request to adopt a Resolution vacating and abandoning an uncut portion of the public
right-of-way known as Toula Avenue, as recorded in Plat Book 12, Page 52, of the
Public Records of Seminole County, Florida, for property located on the west side of
Interstate 4, approximately 1,200 feet south of EE Williamson Road; Mary D. Solik,
Esq. - Attorney for Everglades University, Applicant; as described in the proof of
publication.
Districts 1, 2, 3, 4, and 5 voted AYE.
Chairman Zembower recessed the meeting at 3:05 p.m. and reconvened at 3:14 p.m.
56.
M.M. Lord’s First Addition to Citrus Heights Right-of-Way Vacate - Adopt
the Resolution vacating and abandoning an uncut portion of an unnamed
public right-of-way, as recorded in Plat Book 3, Page 87, of the Public
Records of Seminole County, Florida, for property more particularly
known as 4369 Frances Avenue, Sanford, Florida; (Kimberlee Frank, and
