HomeMy WebLinkAboutV (A) Resolution No 95-09, vacating and abandoning a portin of Maine Street - ZOM Lake Bennet, Ltd AGENDA 7-18-95
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"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item V A
Ocoee 7l V11 vHLN VC1MV1MEl
6 COMMISSIONERS
CITY OF OCOEE RUSTY JOHNSON
d PAUL W.FOSTER
v D 150 N.LAKESHORE DRIVE
OCOEE FLORIDA 34761-2258 SCOTT A.GLASS
?C? (407)656-2322 JIM GLEASON
yrF� Op G 000�`,` CITY MANAGER
ELLIS SHAPIRO
MFP-614
MEMORANDUM
DATE: July 10 , 1995
TO: The Honorable Mayor and City Commissione s
FROM: Russ Wagner, Director of Planning
SUBJ: ZOM Lake Bennet , Ltd. , Maine Street Vacation Application
ISSUE:
Should the Honorable Mayor and City Commissioners approve the ZOM
Lake Bennet , Ltd. application to vacate a 434 ' portion of Maine
Street?
BACKGROUND/DISCUSSION:
ZOM Lake Bennet , Ltd. is proposing to vacate a 434 ' portion of
Maine Street (Site Location Maps attached) in order to construct a
stormwater retention pond, described on the Lake Bennet Final
Subdivision Plan as "Tract B" . The vacated right-of-way will ,
however, be replaced at the developer ' s expense by a 60 ' improved
roadway that is re-aligned with Blackwood Avenue. The Director of
Planning has determined that the proposed vacation is not
inconsistent with the Comprehensive Plan.
One objection to the vacation application (attached) has been
received to date from a surrounding property owner . City Staff and
the local utility companies have no objections to the vacation,
although an easement should be reserved across the north 30 ' of the
vacated portion of the roadway for future utility and drainage
outfall extensions .
RECOMMENDATION:
Staff recommends that the Honorable Mayor and City Commission
approve Resolution 95-09 which vacates a 434 ' portion of Maine
Street as identified in the ZOM Lake Bennet , Ltd. application,
subject to the reservation of a drainage and utility easement
across the north 30 ' of the vacated roadway.
RBW/emk
Attachment
cc: John Moseler , ZOM Lake Bennet Ltd.
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Right-of-Way Vacation/Abandonment
AppIioation Form
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(PLACE ON C�^Y OF OCOE_ L-i i F HEAD) ]
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Address
Re: Vacation and Abandonment of Right-of-Way or Easement430.
Leca! Description Attached
Gentlemen:
An application for vacation/abandonment of the referenced property
of Ocoee, and the City is in the process of reviewing this application. Your ahasbeen made to the Ccry may be involved been
y
concerned with this vacation and abandonment p
Before the City proceeds with this application, your input would be appreciated.
helpful. Please answer the following questions, and provide_y additional comments you feel may be
Our iscancemed�oteOnee
d) with this abandonment/vacation.
Our objec� to this procedure.
Comments. _I c_/ : p R�
. Sc 0 — _ , r ,L ^S/1duL� Cv,✓ tLcE AA 92
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Representative ,, A _
(Please Print) (arC Y
rs� j c
Date •
nhLari:i yk 3 -s'7 3 I
Thank you for your =operation. Please return to:
City of Ocoee, Planning Department
150 North Lakeshore Drive
Ogee, Florida 34761
PO -21
3
•
K-12 The Orlando Sentinel,Sunday,July 2, 1995
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
TO CONSIDER
APPLICATION FOR ABANDONMENT
AND VACATION OF CITY RIGHT-OF-
WAY
NOTICE IS HEREBY GIVEN pursuant
• to Section 153-13(D)of Article II of the
Code of the City of Ocoee,that on July
18,1995 at 7:30 p.m.or as soon there-
after as practical , the OCOEE CITY
•
COMMISSION will hold a PUBLIC
HEARING at a regular session at the
Commission Chamber,Ocoee City Hall,
150 N.Lakeshore Drive,Ocoee,Fonda,
to consider the application tiled by ZOM
Lake Bennet,Ltd.ZOM Properties,Inc..
as General Partner,for the abandon-
ment and vacation of a certain right-of-
way located in the City of Ocoee.
The right of wayproposed to be aban-
doned and vacted is a 434'portion of
the Maine STreet right-of-way situated
adjacent to the southern boundary of
Lots 27 and 28, Block 6, Towns of
Ocoee Subdivision as recorded in Plat
Book"A",pages 100-101 of the Orange
County Public Records.It is a platted
paper street"situated 3/4 mile east of
Bluford Avenue and 1/4 mile north of
West Colonial Drive in the City of
Ocoee in the SE 1/4 of Section 20,
Township 22 South,Range 28 East.
The complete case file,including a le-
gal description of the right-of-way to be
abandoned and vacated , may be in-
spected at the Ocoee,Planning Depart-
ment,150 N.Lakeshore Drive,between
the hours of 8:00 a.m.and 5:00 p.m..
Monday through Friday.
Interested parties may appear at the
meeting and be heard with respect to
the application .Any person who de-
sires to appeal any decision made dur-
ing the public hearing may need to en-
sure that a verbatim record of the
proceeding is made which includes the
testimony and evidence upon which the
appeal is based.
Persons with disabilities needing assis-
tance to participate in any of the pro-
ceedings should contact the City •
Clerks office 48 hours in advance of
the meeting at(407)656-2322.
JEAN GRAFTON, CITY CLERK, CITY
OF OCOEE.
OLS410791 JULY 2,1995
For Recording Purposes Only
RESOLUTION NO. 95- 09
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA ABANDONING AND
VACATING THAT CERTAIN 434 FEET PORTION OF THE SIXTY (60)
FEET MAINE STREET RIGHT-OF-WAY ABUTTING A PORTION OF THE
SOUTHERN BOUNDARY OF LOTS 27 AND 28 OF BLOCK 6, TOWN OF
OCOEE SUBDIVISION, LOCATED WITHIN THE CORPORATE LIMITS OF
THE CITY OF OCOEE WITHIN THE SOUTHEAST 1/4 OF SECTION 20,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, AS RECORDED IN PLAT
BOOK "A", PAGES 100-101, OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA, SUBJECT TO A DRAINAGE AND UTILITY
EASEMENT IN FAVOR OF THE CITY OF OCOEE AS RESERVED
HEREIN; 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 certain 434 feet portion of the sixty
(60) feet Maine Street right-of-way abutting a portion of the
southern boundary of Lots 27 and 28 of Block 6, Town of Ocoee
Subdivision, according to the plat thereof, located within the
corporate limits of the City of Ocoee within the southeast quarter
of Section 20, Township 22 South, Range 28 East, as recorded in
1
Plat Book "A" , pages 100-101, of the Public Records of Orange
County, Florida, subject to a drainage and utility easement in
favor of the City of Ocoee reserved herein, 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 City Commission of the City of Ocoee desires
to reserve a drainage and utility easement in, over, under and/or
upon the north 30' of the Roadway in connection with future
drainage and utility extensions as well as the right of ingress and
egress in, over, under and/or upon the Roadway for the purpose of
maintaining said utilities and drainage facilities and any other
utilities which may now or hereafter be located in, over, under
and/or upon the Roadway; and
WHEREAS, ZOM Lake Bennet, Ltd. , Zom Properties, Inc. ,
General Partner, is the owner of the fee simple title to the
adjacent Tax Parcel 20-22-28-0000-00-024, of the Public Records, of
Orange County, Florida; and,
WHEREAS, pursuant to Article II of Chapter 153 of the
Code of the City of Ocoee, an application has been filed by ZOM
Lake Bennet, Ltd, ZOM Properties, Inc . , General Partner, (the
"Applicant" ) to abandon and vacate the Roadway; and,
WHEREAS, the applicant has complied with the provisions
of Section 153-10 regarding the provision of certain information in
connection with the application; and,
WHEREAS, the Roadway is located within the corporate
limits of the City of Ocoee; and,
2
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 rcadway 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 153-13 (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 HY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION ONE. 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, Chapter
166, Florida Statutes, and Article II of Chapter 153 of the Code of
the City of Ocoee .
3
SECTION TWO. Abandonment and Vacation of the Roadway.
Subject to the provisions of Section Three set forth below, the
City Commission of the City of Ocoee, Florida, hereby abandons,
vacates and renounces any rights in and to that certain 434 feet
portion of the sixty (60) foot Maine Street right-of-way abutting
a portion of the southern boundary of Lots 27 and 28 of Block 6,
Town of Ocoee Subdivision, according to the plat thereof, located
within the corporate limits of the City of Ocoee, within the
southeast 1/4 of Section 20, Township 22 South, Range 28 East, as
recorded in Plat Book "A, Page 100-101, according to the plat
thereof, all of the Public Records of Orange County, Florida, a
legal description of such roadway to be abandoned and vacated is
being attached hereto as Exhibit "A" and by this reference made a
part hereof (the "Roadway" ) .
SECTION THREE. Reservation of Drainage and Utility
Easement. The City of Ocoee hereby reserves to itself and its
successors and assigns a drainage and utility easement in, over,
under and/or upon the north 30 ' of the Roadway in connection with
any future drainage and utility extensions that may be located in
the Roadway and any other utilities which may now or hereafter be
located in, over, under and/or upon the Roadway; provided, further,
that the reserved drainage and utility easement shall also reserve
unto the City and its successors and assigns the right of ingress
and egress to and from the Roadway for the purpose of maintaining
said utilities and drainage facilities and any other utilities
4
which may now or hereafter be located in, over, under and/or upon
the Roadway.
SECTION FOUR. 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.
SECTION FIVE. Severability. If any section, subsection,
sentence, clause, phrase of 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 SIX. Effective Date. This Resolution shall
become effective immediately upon passage and adoption.
PASSED AND ADOPTED this 18 day of July , 1995 .
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S . Scott Vandergrift, Mayor
(SEAL)
ADVERTISED July 2 , 1995
READ FIRST TIME AND ADOPTED
July 18 , 1995 ,
UNDER AGENDA ITEM NO. .
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED, AS TO FORM AND LEGALITY
this day of , 1995 .
FOLEY & LARDNER
By:
Paul E . Rosenthal, City Attorney
5
STATE OF FLORIDA
COUNTY OF ORANGE
CITY OF OCOEE
I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF
Resolution No. adopted by the City of Ocoee Board of
City Commissioners at a Regular Meeting held on
THE ORIGINAL OF WHICH IS ON FILE IN MY OFFICE.
IN WITNESS WHEREOF, I HEREBY SET MY HAND AND CAUSE THE SEAL OF THE
CITY OF OCOEE TO BE AFFIXED ON THIS day of
1995 .
JEAN GRAFTON, CITY CLERK
(SEAL)
6
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EXHIBIT "A"
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EXHIBIT "A"
Legal Description:
Commence at the South 1/4 corner of Section 20, Township 22 South,
Range 28 East in Orange County, Florida; thence run S 89'32 ' 31" E
along the South line of the Southeast 1/4 of said Section 20 a
distance of 1327 . 57 feet; thence run N 00'21 ' 46" E along the East
line of the Southwest 1/4 of the Southeast 1/4 of said Section 20
a distance of 1321. 28 feet to a point on the Southerly right-of-way
line of MAINE STREET, a 60 feet wide road according to the plat of
the Town of Ocoee, recorded in Plat Book A, pages 100 and 101 of
the Public Records of Orange County, Florida, said point also being
the POINT OF BEGINNING of this description; thence run N 89'18 '54"
W along said Southerly right-of-way line and parallel with and
30 .00 feet South of (as measured at right angles to) the North line
of the Southwest 1/4 of the Southeast 1/4 of said Section 20 a
distance of 434. 53 feet; thence run N 00'41'06" E a distance of
60 .00 feet to a point on the Northerly right-of-way line of said
MAINE STREET; thence run S 89'18 ' 54" E along said North right-of-
way line a distance of 434. 19 feet to a point on the East line of
the Northwest 1/4 of the Southeast 1/4 of said Section 20 thence
run S 00'21' 46" W a distance of 30 .00 feet to a point on the
centerline of MAINE STREET and the Northeast corner of the
Southwest 1/4 of the Southeast 1/4 of said Section 20; thence run
S 00 '21' 46" W along the aforesaid East line of the Southwest 1/4 of
the Southeast 1/4 of said Section 20 a distance of 30 .00 feet to
the POINT OF BEGINNING of this description.
Contains 0 . 5983 acres or 26061 . 69 square feet as calculated from
this description.
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