HomeMy WebLinkAboutItem 17 Resolution Vacating and Abandoning the Remaining Unimproved Maine Street Right-of-Way ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: January 15, 2019
Item # / 7
,�� Reviewed By:
Contact Name: Michael Rumer��J Department Director:
Contact Number: 407-905-3100 Ext. 1018 City Manager:
Subject: Remnant Unimproved Maine Street Right-of-Way Vacation
Commission District#2 — Rosemary Wilsen
Background Summary:
The remaining unimproved right-of-way of Maine Street north of the existing pavement and sidewalk provides a
significant gap in front of lands owned and approved for office development by City Center West Orange
(applicant). In order to accommodate the new office building (see attachment) and provide offsite stormwater,
City Center West Orange is requesting vacation of a portion of the remaining unimproved Maine Street right-of-
way.
In order to facilitate the use and expansion of the existing public retention pond, the applicant is proposing to
deed additional land to the City. This land will include some areas of the expanded retention pond and also
provide for park space. The park will be constructed and amenities provided by City Center West Orange.
All utility companies have provided letters of no objection to the vacate.
Issue:
Should the Honorable Mayor and City Commissioners adopt a resolution vacating and abandoning the
remaining unimproved right-of-way of Maine Street?
Recommendations:
Staff recommends the Honorable Mayor and City Commission adopt a resolution vacating and abandoning the
remaining unimproved right-of-way of Maine Street subject to the dedication of additional lands for an
expansion of the City's stormwater pond and park land.
Attachments:
Location Map
Resolution
Exhibit"A"Sketch of Description
Maine Street Park Design
Proposed Office
Financial Impact:
None
Type of Item: (please mark with an "x")
X Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading /\ Public Hearing
X Resolution Regular Agenda
X Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
2
Location Map
Remnant Portion of Maine Street ROW
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AFTER RECORDING RETURN TO:
Melanie Sibbitt,City Clerk
CITY OF OCOEE
150 N.Lakeshore Drive
Ocoee,FL 34761
(407)905-3100
RESOLUTION NO. For Recording Purposes Only
(Vacation of Right of Way Resolution for Maine Street)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING THAT PORTION OF MAINE
STREET, PUBLIC RIGHT OF WAY, LYING BETWEEN THE
WESTERLY RIGHT OF WAY LINE OF RICHMOND AVENUE
AND THE EASTERLY RIGHT OF WAY LINE OF BLUFORD
AVENUE; PROVIDING FOR RECORDATION; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to abandon and vacate
that portion of Maine Street, a public right of way, lying between the westerly right of way line of
Richmond Avenue and the easterly right of way line of Bluford Avenue, a legal description of
such right of way to be abandoned and vacated is attached hereto as Exhibit "A" and by this
reference made a part hereof(the "Roadway"); and
WHEREAS, the applicant has complied with the provisions of Section 153-10 of the
Code of the City of Ocoee regarding the provision of certain information in connection with the
application; and
WHEREAS, pursuant to Section 153-13(D)(1) of the Code of the City of Ocoee, a
Notice of Public Hearing before the City Commission was provided by regular mail to owners of
real property abutting the Roadway and all owners of the property within three hundred (300)
feet in all directions of the Roadway; and
WHEREAS, pursuant to Section 153-13(D)(2) of the Code of the City of Ocoee, a
Notice of Public Hearing was published one (1) time in a newspaper of general circulation in the
City of Ocoee; and
WHEREAS, pursuant to Section 153-(D)(3) of the Code of the City of Ocoee, a sign
setting forth notice of the public hearing before the City Commission was posted upon the
Roadway; and
WHEREAS, the City Commission of the City of Ocoee finds that said application and
supporting documents are in accordance with the requirements of Article II of Chapter 153 of the
Code of the City of Ocoee and that the requested action is consistent with the City of Ocoee
Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA,AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes, and Article II of Chapter 153 of the Code of the City
of Ocoee.
SECTION 2. Abandonment and Vacation of the Roadway. Subject to the
provision of Section 3 set forth below, the City Commission of the City of Ocoee, Florida,
hereby abandons, vacates and renounces any rights in and to the Roadway.
SECTION 3. Recordation. A certified copy of this Resolution shall be filed with
the Orange County Comptroller and duly recorded among the Public Records of Orange County,
Florida.
2
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 5. Effective Date. This Resolution shall become effective upon passage
and adoption.
PASSED AND ADOPTED this day of , 2019.
[SIGNATURES ON FOLLOWING PAGE]
3
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED ,2019
READ FIRST TIME AND ADOPTED
,2019
UNDER AGENDA ITEM NO. .
4
i
SKETCH OF DESCRIPTION
(SHEET 1 OF 1) EXHIBIT A
DESCRIPTION 1
PART OF MAINE STREET TO BE VACATED:
PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20,TOWNSHIP 22 SOUTH,RANGE 28 EAST,ORANGE COUNTY,FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 20;RUN THENCE N00'28'58"W ALONG THE WEST LINE OF SAID
SOUTHWEST QUARTER OF SECTION 20,A DISTANCE OF 1892.56 FEET TO THE EAST RIGHT-OF-WAY LINE OF BLUFORD AVENUE;THENCE S25°08'41"E ALONG
SAID EAST RIGHT-OF-WAY LINE OF BLUFORD AVENUE,A DISTANCE OF 65.01 FEET TO THE NORTH RIGHT-OF-WAY LINE OF EXISTING MAINE STREET,BEING A
POINT OF CURVATURE ON A CURVE CONCAVE NORTHEASTERLY,HAVING A RADIUS OF 300.00 FEET,A CHORD BEARING OF S43°34'45"E,AND A CHORD
DISTANCE OF 189.73 FEET;THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID NORTH RIGHT-OF-WAY LINE OF EXISTING MAINE STREET,
THROUGH A CENTRAL ANGLE OF 36°52'08",A DISTANCE OF 193.05 FEET;THENCE S62°00'49"E ALONG SAID NORTH RIGHT-OF-WAY LINE OF EXISTING MAINE
STREET,A DISTANCE OF 470.22 FEET TO A POINT OF CURVATURE ON A CURVE CONCAVE NORTHEASTERLY,HAVING A RADIUS OF 480.78 FEET,A CHORD
BEARING OF S67°11'22"E,AND A CHORD DISTANCE OF 86.74 FEET;THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID NORTH
RIGHT-OF-WAY LINE OF EXISTING MAINE STREET,THROUGH A CENTRAL ANGLE OF 10°21'06",A DISTANCE OF 86.86 FEET TO A POINT OF INTERSECTION WITH
THE SOUTH EXTENSION OF THE EAST BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2957,PAGE 668,PUBLIC RECORDS OF ORANGE
COUNTY,FLORIDA FOR A POINT OF BEGINNING;THENCE CONTINUE ALONG SAID CURVE CONCAVE NORTHEASTERLY,HAVING A RADIUS OF 480.78 FEET,A
CHORD BEARING OF S80°56'02"E,AND A CHORD DISTANCE OF 143.27 FEET;THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID NORTH
RIGHT-OF-WAY LINE OF EXISTING MAINE STREET,THROUGH A CENTRAL ANGLE OF 17'08'14",A DISTANCE OF 143.50 FEET;THENCE S89°30'06"E ALONG SAID
NORTH RIGHT-OF-WAY LINE OF EXISTING MAINE STREET,A DISTANCE OF 508.52 FEET;THENCE S00°31'16"E A DISTANCE OF 20.75 FEET TO THE NORTH
RIGHT-OF-WAY LINE OF RELOCATED MAINE STREET AS DEPICTED ON OCOEE TOWN CENTER-PHASE I,AS RECORDED IN PLAT BOOK 77,PAGES 37 THROUGH
41,PUBLIC RECORDS OF ORANGE COUNTY,FLORIDA;THENCE THE FOLLOWING FOUR COURSES ALONG SAID NORTH RIGHT-OF-WAY LINE OF RELOCATED
MAINE STREET:(1)S83°21'13"W A DISTANCE OF 62.05 FEET TO A POINT OF CURVATURE ON A CURVE CONCAVE NORTH,HAVING A RADIUS OF 810.00 FEET,A
CHORD BEARING OF S86°51'13"W,AND A CHORD DISTANCE OF 98.90 FEET;(2)THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,THROUGH A
CENTRAL ANGLE OF 06°59'59",A DISTANCE OF 98.96 FEET;(3)N89°38'47"W A DISTANCE OF 409.61 FEET TO A POINT OF CURVATURE ON A CURVE CONCAVE
SOUTH,HAVING A RADIUS OF 540.00 FEET,A CHORD BEARING OF S86°06'52"W,AND A CHORD DISTANCE OF 79.83 FEET;(4)THENCE RUN SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 08°28'40",A DISTANCE OF 79.90 FEET;THENCE N00'28'46"W ALONG SAID SOUTH EXTENSION
OF THE EAST BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2957,PAGE 668,A DISTANCE OF 63.23 FEET TO THE POINT OF BEGINNING.
CONTAINS 23,194 SQUARE FEET OR 0.533 ACRES MORE OR LESS.
nv-S25°08'41"E 65.01' CURVE DATA •
EAST RIW LINE OF BLUFORD AVENUE D=36'52'08" EAST LINE OF THE NW
R=300.00'
NORTH R/W LINE OF L=193.05' 1/4 OF THE SW 1/4 OF •
N PC\\/EXGMAINTREET CURVE DATA CHORD SECTION 20-22-28&
o) A=10'21'06" S43°34'45"E SOUTH EXTENSION OF WEST RAW LINE OF \\\
R=480.78' 189.73. THE EAST BOUNDARY RICHMONT AVENUE
L=86.86' OF ORB 2957,PG 668
,� \ CHORD TRACT TO BE
N R�F S67'11'22"E I DEDICATED TO THE
\ T 4, 86.74' CURVE DATA CITY OF OCOEE
WEST LINE OF .TSs�° �CpON A=17'08'14" _ _
THE SW 1/4 OF fp.049. m 143.80 PARCEL A I PARCEL B
SECTION 20-22-28 22, PC PSB L=143
A,Fj f� 800'31'16"E 20.75'
.- -�q/ 8'. 880'56'02"E
NOT PLATTED NF'BrNe P1 143.27' 589'30'08"E1508.52'B3'21'13"W 62.05
OWNER:CITY OF OCOEE
PARCEL ID: 20-22-28-0000-00-054 �. ` PC PT PART OF MAINE STREET TO BE VACATED PC —
ORB 10162,PG 8905 N, I \`N89'38'47"W 409.61' '
N00'28'46"W 63.23' i 80'RAW T CURVE DATA RELOCATED MAINE STREET CURVE DATA
NORTH RIW LINE OF A=08'28'40" ( A s 06'89`89"
(NO DOCUMENTATION PROVIDED) R=810.00'
EXISTING MAINE STREET R®540.00'
�P�Ci (TO BE VACATED) _ L=79.90' DEPICTED ON PB 77,FOS 37-41 \ L=_$HA6L--------
SW CORNER OF THE SW CHORD CHORD
1/4 OF SECTION 20-22-28 S86'06'52"W 586'51'13"W
79.83' 98.90'
JOB#47600 THIS SKETCH IS NOT A BOUNDARY SURVEY.
CF#CITY CENTER-NORTHWEST PARCEL SPLIT_PREPARED FOR:CITY CENTER WEST ORANGE REVISIONS:
DATE: BEARING STRUCTURE IS BASED ON THE MONUMENTED NORTH RIGHT-OF-WAY —
"==150' ,,;,1
SCALE:: 1 1" � „�
DRAWN BY:TWR LINE OF EXISTING MAINE STREET BEING S89°30'08"E. 9-27-17-UPDATE LEGAL-TWR
THIS SKETCH MEETS THE"STANDARDS OF LEGEND
IC
CENTERLINE IR IRON ROD
PRACTICE"AS REQUIRES BY CHAPTER 5J-17, CLC -CALCULATED L -ARC LENGTH
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CONC-CONCRETE P&M -PLAT&MEASURED
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ES 1J. BF2AY -'SM 6507 OF ORLANDO INC.,LB 4475 DE -DRAINAGE EASEMENT POC -POINT OF COMMENCEMENT
2012 E.Robinson Street Orlando,Florida 32803 DW -DRIVEWAY PT POINT OF TANGENCY
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'NoT VALID WIThOUT THE SIGNATURE AND THE ORIGINAL RAISED www.AccurlghtSurveys.net ESMT •EASEMENT R -RADIUS
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COPY OF ADVERTISEMENT
Date Published and Media Name
Thursday.January 3.2019 The West Orange Times 3B
Advertisement or Article
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
TO CONSIDER THE VACATION
OF THE RIGHT OF WAY
FORA REMNANT PORTION OF MAINE STREET
(CITY CENTER WEST ORANGE)
PROJECT NO.VAC-18-027
NOTICE IS HEREBY GIVEN,pursuant to Section 153,Article II of the Code of
the City of Ocoee,that on TUESDAY,JANUARY 15,2010,at 6:16 p.m.,or as soon
thereafter as practical,the OCOEE CITY COMMISSION will hold a PUBLIC
HEARING at the Ocoee City Commission Chambers,150 North Lakeshore Drive,
Ocoee,Florida,to consider the vacation of the remnant portion of right of way for
Maine Street and to consider the adoption of the following resolution:
A RESOLUTION OF THE CITY OP OCOEE,FLORIDA,ABANDONING
AND VACATING THAT PORTION OF MAINE STREET,A SIX HUNDRED
FIFTY TWO(652)FOOT LONG PUBLIC RIGHT OF WAY,LYING BE-
TWEEN THE WEST RIGHT OF WAY LINE OF BLUFORD AVENUE AND
THE EAST RIGHT OF WAY LINE OF RICHMOND AVENUE,AS DEPICT-
ED ON THE PLAT OF OCOEE TOWN CENTER-PHASE I,PLAT BOOK
77,PAGES 37 THROUGH 41,OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING
FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE.
Interested parties may appear at the public hearing and be heard with respect
to the proposed actions. The complete case file,including a complete legal de-
scription by metes and bounds,may be inspected at the Ocoee Development
Services Department,150 North Lakeshore Drive,Ocoee,Florida,between the
hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,except legal holidays.
The City Commission may continue the public hearing to other dates and times,
as it deems necessary. Any interested party shall be advised that the dates,
times,and places of any continuation of these or continued public hearings shall
be announced during the hearings and that no further notices regarding these
matters will be published.You are advised that any person who desires to appeal
any decision made during the public hearings will need a record of the pro-
ceedings and for this purpose may need to ensure that a verbatim record of the
proceedings is made which includes the testimony and evidence upon which the
appeal is based. Persons with disabilities needing assistance to participate in
any of the proceedings should contact the City Clerk's Office 48 hours in advance
of the meeting at(407)905-3105.
January 3,2019 19-00045W