15-2759 Partial Vacation of Utility Easement at 46 Carriage Hill Drive

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Prepared by: Marty Pawlikowski, Construction & Permitting Manager 95 Triplet Lake Drive Casselberry, FL 32707 Return to: City Clerk City of Casselberry 95 Triplet Lake Drive Casselberry, FL 32707 RESOLUTION 15-2759 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, RELATING TO THE PARTIAL VACATION OF A UTILITY EASEMENT AT 46 CARRIAGE HILL DRIVE, CASSELBERRY, FL 32707; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Plat of Carriage Hill- Unit No. 1 recorded in Plat Book 14, Page 97, of the Public Records of Seminole County, Florida created and dedicated a ten (10) foot utility easement for the perpetual use of the public; and WHEREAS, the City of Casselberry has received a request to vacate the southerly three (3) feet of said ten (10) foot utility easement due to the unintended encroachment of a residential structure located at 46 Carriage Hill Circle; and WHEREAS, the residential structure was constructed in 1968 and apparently placed three (3) feet into the existing ten (10) foot utility easement; and WHEREAS, the City finds it is in the best interest of the health, safety, and welfare of the citizens of the City of Casselberry to vacate the southerly three (3) feet of the northerly ten (10) foot utility easement of Lot 17, Block C, Carriage Hill Unit- No.l as recorded in Plat Book 14, Page 97 of the public records of Seminole County, Florida, a portion of said utility easement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION I. Recitals: The foregoing recital are affirmed and incorporated as part of this resolution. SECTION II. Partial Vacation of Utility Easement. The City of Casselberry hereby vacates a portion of the utility easement set forth in Plat Book 14, Page 97, of the Public Records of Seminole County, Florida. SECTION IH. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION IV. Severability. If any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Resolution. SECTION V. Effective Date. This Resolution shall become effective immediately upon its passage and adoption.