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HomeMy WebLinkAboutV (F) Resolution No 95-18, vacating BC Terry Right-of-Way AGENDA 10-17-95 Item V F "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Ocoee S.SCOTT VANDERGRIFT dr( 5 .% COMMISSIONERS - CITY OF OCOEE RUSTY JOHNSON D. 150 N.LAKESHORE DRIVE PAUL W.FOSTER _3 � ,• OCOEE FLORIDA 34761-2258 SCOTT A.GLASS 040, � (407)656-2322 JIM GLEASON 11" S. TY MANAGER fF� �p G0OD J QELLIS SHAPIRO SRP-525 STAFF REPORT DATE: October 11 , 1995 TO: The Honorable Mayor and City Commissioners FROM: Russ Wagner, Director of Planningry] SUBJ : Vacation Application For B . C. Terry Road Resolution No. 95-18 ISSUE: Should the Honorable Mayor and City Commission approve Resolution No. 95-18 which would vacate a portion of B.C. Terry Road subject to reservation of a public drainage and utility easement? BACKGROUND AND DISCUSSION: The City-initiated Roadway Vacation Application covers that approximate 2 ,000 feet portion of B.C. Terry Road situated south of the Bell South Telephone Switching Station extending to the north right-of-way line of Maine Street (see attached Maps #1 and #2) . The subject roadway was annexed into the City of Ocoee on March 18 , 1988 , per Ordinance #88-02 . On June 16, 1988 the Orange County Engineer notified the City that it was discontinuing maintenance of B .C. Terry Road. Since that date, very little City surface maintenance has been conducted on the right-of-way and it has fallen into disrepair . In 1991 the City erected motor vehicle barriers across the road to help prevent it from becoming a dumping grounds . A recent Staff inspection revealed that while the illegal dumping has been greatly decreased, a substantial amount of lawn clippings and debris continue to be deposited on the roadway. Finally, since the roadway was annexed in 1988 , two major subdivisions have been developed to the east and west , and the residents in these additions have generated many complaints concerning the above cited conditions . The following staff , utility companies and individuals have expressed concerns (photocopy of letters attached) regarding the proposed Roadway Vacation: 1 . Jim Shira, City Engineer : "need to retain utility and drainage easements" . 2 . Ken Hooper, P.E.C. : "maintain 15 foot utility easement for future expansion" . 3 . Southern Bell Telephone: "provide 15 foot cable-utility easement" . (54 B.C. Terry Road Vacation Application October 11 , 1995 Page 2 4 . Cablevision Industries : "provide 300 ' long utility easement" . 5 . Kazaros Brothers Investment Co. , Inc. : "opposed to the vacating of B. C. Terry road. . .will deny access to our properties" . 6 . James R. Teague: "would encourage access through the Hammocks and encourage illegal dumping" . 7 . Jim Washington, Acting Building Official : "concerned about Code Enforcement regarding dumping, high weeds , etc. " . RECOMMENDATION: Based upon the above cited objections that have arisen since all concerned parties were notified of the proposed Roadway Vacation Application, it appears that many difficulties exist which would make the vacation of the roadway impractical ; therefore, Staff recommends denial of attached Resolution No. 95-18 . RBW/JRH/emk Attachments 1-12 The Orlando Sentinel,Thursday,October 5, 1995 CITY OF OCOEE NOTICE OF PUBLIC HEARING TO CONSIDER APPLICATION FOR ABANDONMENT AND VACATION OF CITY RIGHT- OF-WAY AD B.C.TERRY ROAD NOTICE IS HEREBY GIVEN pursuant to Section 153-13 op)of Article II of the code of the City of Ocoee,that on Octo- ber 17, 1995 at 7:30 p.m.,or as soon thereafter as practical the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at a regular session at the Commission Chambers, Ocoee City Hall, 150 N.Lakeshore Drive,Ocoee, Florida,to consider the application filed and initiated by the City of Ocoee for the abandonment and vacation of a cer- tain right-of-way located in the City of .Ocoee. The right-of-way proposed to be aban- doned and vacated rs that approximate 2,000'portion of B.C.Terry Road situat- ed south of the Bell South Switching -Station to the northern right-of-way of Maine Street as depicted on the Town of Ocoee Subdivision, as recorded in Plat Book^A",pages 100-101 of the Or- ange County Public Records.The sub- ject road right-of-way is located along the section-rine between the SE 1/4 and NE 1/4 of Section 20 and the NW 1/4 and SE 1/4 of Section 21,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 and 5:00 p.m.,Mon- day 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 Clerk's office 48 hours in advance of the meeting at(407)656-2322. JEAN GRAFTON.CITY CLERK CITY OF OCOEE OLS574139 OCT.05,1995 1 1 For Recording Purposes Only RESOLUTION NO. 95-18 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA ABANDONING AND VACATING THAT APPROXIMATE 2,000 FEET PORTION OF B.C. TERRY ROAD RIGHT-OF-WAY. SITUATED SOUTH OF THE BELL SOUTH SWITCHING STATION TO THE NORTHERN RIGHT-OF-WAY LINE OF MAINE STREET AS DEPICTED ON THE PLAT OF THE TOWN OF OCOEE SUBDIVISION, LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF OCOEE ALONG THE SECTION-LINE BETWEEN THE SE * AND NE * OF SECTION 20 AND THE NW * AND SW * OF SECTION 21, 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 PUBLIC DRAINAGE AND UTILITY EASEMENT 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 approximate 2 ,000 feet portion of B.C. Terry Road right-of-way situated south of the Bell South Switching Station to the northern right-of-way line of Maine Street as depicted on the Town of Ocoee Subdivision, according to the plat thereof, located within the corporate limits of the City of Ocoee along the section-line between the SE 4 and NE 4 of Section 20 and the NW a and SW 4 of Section 21 , 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 public drainage and utility easement 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, 1 WHEREAS, the City Commission of the City of Ocoee desires to reserve a public drainage and utility easement over, under and/or upon the entire vacated portion of the Roadway in connection with existing or future drainage and utility facilities 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, the City of Ocoee, is the owner of the B.C. Terry Road right-of-way by virtue of the dedication description provided on the Town of Ocoee Plat Book "A", pages 100-101, of the Public Records , of Orange County, Florida, and by Right-of-Way Agreements recorded in the Official Record Books of Orange County; and, WHEREAS, the City of Ocoee, annexed the subject B.C. Terry Road right-of-way into the corporate limits on March 15, 1988 per Ordinance No. 88-02; and, WHEREAS, the Orange County Engineer notified the City of Ocoee on June 16, 1988 , that the County was discontinuing maintenance on B.C. Terry Road effective July 1, 1988 because of its annexation; and, WHEREAS, pursuant to Article II of Chapter 153 of the Code of the City of Ocoee, the City of Ocoee has filed a City- Initiated Vacation Application 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, 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 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 153-13 (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 BY 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 approximate 2 ,000 feet portion of B.C. Terry Road right-of-way situated south of the Bell South Switching Station to the northern right-of-way line of Maine Street as depicted on the Town of Ocoee Subdivision, according to the plat thereof , located within the corporate limits of the City of Ocoee, along the section-line between the SE ; and NE 4 of Section 20 and the NW ; and SW ; of Section 21, 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 Public Drainage and Utility Easement. The City of Ocoee hereby reserves a public drainage and utility easement over, under and/or upon the entire vacated portion of the Roadway in connection with any existing or 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 Public Utility Companies including their successors and assigns the right of ingress and egress to and from the Roadway for the purpose of maintaining said utilities and 4 drainage facilities and any other utilities 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 17 day of October , 1995 . APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift , Mayor (SEAL) ADVERTISED October 5 , 1995 READ FIRST TIME AND ADOPTED ,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 EXHIBIT "A" Legal Description: A portion of the road right-of-way of B.C. 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N. •r,.. t.,f,.1.1..11.444 p- ,/, ;,4,: .,•.-/ / / Elm '-•-v''(' am:. 1,2,•, Illit'4,11# • -, =. • -../. .;„4, - -. :_. ,..,... ..,...,.-...,„ , .,./...?-44:3= In :: Muni wie ; ANglamailiiiia 11111! 1.5 ...111 ? 'i Isq It:MINI ” MO 1111111 9 ei ‘• y . 1 _ _ ___-. Llili iim•ns .wi •-4- 0 immililini Ills :::-_91---------c:::1 - iall BROADWAY ,.., illidda":IIIIN II l=MI .. mimmow A LAKE in 4 "al* 1141 11111 PEARL * < Right-of-Way Vacation/Abandonment Application Form (PLACE ON CITY OF OCOEE LETTERHEAD) ERHEAD) • 000Erc'i Utility Name Utility Address Re: Vacation and Abandonment of Right-of-Way or Easement Legal Description Attached Gentlemen: An application for vacation/abandonment of the referenced property has been made to the City of Ocoee, and the City is in the process of reviewing this application. Your company may be involved or concerned with this vacation and abandonment. Before the City proceeds with this application, your input would be appreciated. Please answer the following questions, and provide any additional comments you feel may be helpful. Cur utility is (cancemed eem with this abandonment/vacation. Cur utility (+l3jeeie/does not object) to this procedure. Comments: C.7-yr. w e.-c. i4/6e lb % fa 6:-.720 e..+ 9 R .✓� t Ur .L.• Tv* TD # IP4. J r,*e.J E X..rr-i•J 6• J F15.t— •✓A 7 (. V Ao 7-4 4 Ld" Td`s+- L. .J drr •.1 .0">~*ti CA col. r-Ae, J mss' c'' c --. , .r Representative �.o.,, U (Please Print) .T—e Date ff/L .74 i Thank you for your cooperation. Please return to: City of Ocoee, Planning Department 150 North Lakeshore Drive Ocoee, Florida 34761 FCRM-21 3 PEC PROFESSIONAL ENGINEERING CONSULTANTS, INC. MEMORANDUM TO: Julian Harper, Zoning Coordinator FROM: Ken Hooper, Project Director DATE: August 31, 1995 SUBJECT: Vacation of B.C. Terry Road South of BellSouth Switching Station We have reviewed the proposed request to vacate B.C. Terry Road south of the BellSouth switching station. This right-of-way does not appear to be necessary for any identified City roadway or drainage improvements but may be necessary for expansion of the City's water distribution system. It is suggested that a 15 foot utility easement be retained if the vacation of right-of-way is approved. cc: 0E-65/1-1.0 331 , .0- ;22 _ rs 200 -a_. :c.. s- _ .-. ..... ..., � ., :rcc - .. .....,2., -��; -�_- .,.,_ FAX-��: 849-9401 B.C. TERRY 1KW) VACATION Right-of-Way Vacation/Abandonment Application rvmi (PLACE ON CSTY OF OCOE L TTER$EAC) Southern Bell Telephone Utility Name 500 North Orange Avenue, 4th Floor Orlando, FL 32802 Utility Address Re: Vacation and Abandonment of Right.af-Way or Easement Legal Description Attached Gentlemen: An appdcatfon for vacation/abandonment of the referenced property has been made to the City of Ocoee.and the City is in the process of reviewing this application. Your company may be involved or concerned with this vacation and abandonment. Seicre the Cay proceeds with this app icerfon,your input Would be appreciated. Please answer the fallowing questions, and provide any aridhional comments you feel may be helpful. Our ray € ;;;;fnatwith this abandonmentkacon, Our ,.r (able= • - not object) to this procedure. Cammarm: BellSouth would need a utility easement in lieu of the roadpproximatety Zo Our future p ans ar d the cable that currently stops at the nortn end of this reques along this road. If the road was located witno rovi ing us an easement, this could create prdbi Ths in rove ing u ure telephone service to 'this area. �(� Representative ` t D (Please Prim) CALt.& .Uj Date Gl(Dt -T Thank you for your cooperation. Please return to: Cly of Ocoee, Panning Depart/tient 150 North Lakeshore Drive Ogee. Fscfda 34781 FORM-at T0d 8Z6'ON b0S89S9L0b t 13BaLS b,1a1S bO:ST 56/90/60 13.C. TERRY ROAD 1/1A'CATION Right-of--Way Vacation/Abandonment Application Form (PLACE CN CSTY CF CCCEE LETTERHEAD) Cablevision Industries Utility Name • 844 Maguire Road Ocoee, FL 34761 Utility Address Re: Vacation and Abandonment of Right-of-Way or easement Legal Description Attached Gentlemen: Art application for vacation/abandonment of the referenced property has been made to the City of Ccoee, and the City is in the process of reviewing this application. Your company may be involved or concerned with this vacation and abandonment. °efcre the City proceeds with this application, your input would be appreciated. Please answer the following questions, and provide any additional comments you feel may be helpful. Cur utrTdy '. ct concerned) with this abandonment/vacation. Cur utnay ,obj- does not object) to this procedure. Comments: r. / iily 1 !' Qe . ter. �I ( j S�:iYiw IEd,iSCT „ 44. �D� �� G• r„ �J .27wem, L,'lee .."0,fe �,��� �: .•�9.�rJ, 1-A,: c L 'Jr! a ;",-,-14- ll P J S ho„. Representative9,46,d0.& 7 �z�,'Gkes :2Y� w-•--( we (P!ease dor.. /Jo l��! ^orkr- ro...4 serve-es /Ae Cate Thank ycu for your cooperation. Please return to: City of Ccoee, Planning Department i�C North Lakeshore Drive — "O -�S Ccoee, Fonda 34781 ECRM-21 3 • CAB LEVSION CV! INDUSTRIES 344 x,IAG:_iRE ROAD OCCEE, FL 34761 [4071656-3327 PAX: [4071656-1162 Dear Sirs: The City of Ocoee has issued a petition to vacate the Right of Way, along BC Terry Rd. Cablevision Industries does have facilities in this Right of Way. It is my understanding that Florida Power Corporation is requesting an easement to accommodate the facilities which they have in the affected area. If this is granted, then the only area of concern for Cablevision Industries will be just South of the intersection of BC Terry Road and Geneva Street. We currently have an underground Road Crossing at this location. In order to continue to serve the houses in this area, we are requesting a ten foot easement crossing BC Terry Road at this intersection. If an easement is not granted to FPC, then we will also need to request a ten foot easement from the intersection of BC Terry Road and Geneva Street going south for 300' along the West side of BC Terry Rd. Sinc relydYours 4 )ce John Wolski -?r-1s ,---=‘,,NG CR.:NCE _._,_;NTY f437156-3327 _AKE _CL^N-" '9341394- 64- AND, CSCECLA CCLNT'r :407169 -e466 M.444 .541441471.04?( e02 / 3 20 (A). Co t-orV4/t-< oDi'r-o C sca'Z,Ldn4 �� 3 z8o s / 9 •J V L/.SAN t/,9,V)1'R Z o,viN4 i o e6/A/4Ta/Z C,T y OF ©c-cts£r, t4tJa d�.cay. • 4N/cu — w ,eze4and G' `fice,yze -yn a4 - Guru• eVitfi 'c,d-e-11 tk. ele 6. e. U 4 dy4ae-cc44 t �� mak: a71- 4 6/1/11146, oh -C-uoe -- tA, no CPh z�?a� t t a-Cc- t , -(1 4.o -6-c u.P .ccs oma- � y 14,aktz,.< t• v-etca,t 8 -e. 72.44.t a, Z . � la-fri/<1440 (14* dle4a4e. t(-01 &-z„L- � - ..C/4/cry, 'eek s42, �. . . . 1 .,-„. 2 : i } • Cd •. . � ••• ••• • aii . .... .., ..-.. tir • S Z�. Lon•-.. . ,f• ••;i • v 4. "' rillising• a •;i •'i ! --. ...... ,-.- ......•-./...............„:„-p%mjar....,, ..a Al akr:mcir % if .-..., . ...," ..,...- ....... .. _win- an aril. ai. .. . ........ i. imit ./.•./...--/ /. /..../ • ...1 ..*..., 11MI am •-.... MN alii= gw..- ...... ...-- ,-.-. -....,, ..., .,,.. ,,, ... wz.,- • /. nr-- -ir mu _NBuck . 7 nil . .. ....... ail . -,..... .....".,........• .,.............. • ......-.......-• . .- ... • di, Z 1:'... . ..7•.', '',. 1...eign • .• .. . .. . •.. . . .• • . ....•.. ...... .... ....• .. .. . STq`rro .. . .. .. . . .• lT�yfG �� ,.. . . . •'. • ,.. ... . - .,, •� � � � ....-- ,-... /" .-....--.------...-7- . - ....... ..-- . .. . .. .. . .. . .. ...... • .•• .• ... .. ... ... ... .... .. .7 c ., ... ..... . . . . . . .. .. ' . ,: •„,.:.‘7.„...,-.::.,,,,:z•:„:„.,,,„§„:„ •:-.....-,:. •....-...e....::........:.............. ...... ......-.....••••• a • ,, . ... .. .. .. • ... . ... .. ,e04:0„..--,,,,••• ,._ •••• '17' aiira� 'O;t/, . R.:;„ 1. _AA _... . • • ...••••••• ••••••• ' Al 4 c C 0 k .. QQ I 5'x.;1 �.. ,. ,••_. tiA ',0 # I . ...... ..... ... . ..... ..••. ... . .. • .. • ``03 ;• z 1 .iuiian Harper Oct 3, 1995 Zoning Coordinator City of Ocoee 150 N Lakeshore Dr Ocoee Tri 34761-n58 Dear Sir I do not agree with nor will I approve of your proposed vacating of that portion of B. C. Terry Rd as is referred to in your letter of Sept 18, 1995 for the following reasons: I feel this is an effort by some developer sell more property without being required to provide the mandated improvements and entranceiegress that would be necessary to get permitting. By vacating this road whoever applies to develop that property Southwest of the area in question would have to show accessibility through Blue Spruce Dr; all the way through the Hammocks subdivision. Our subdivision's streets are not designed for the construction traffic or the massive influx of other residential traffic this would entail. The safety of our children and the quality of our life would be adversely LC U. By vacating this road illegal dumping would be encouraged. The city would be in no legal position to either enforce laws against or be liable to clean the road. This would lead to disease carrying vermin which would again endanger our children and our way of life. I would hope these objections would be taken and acted upon in the manner in which they have been presented. Sincerelytzi IV? Ti James R. Teague _%71024 Featherstone,C CC: Hammocks Homeowners Assc. Right-of-Way Vacation/Abandonment Application Form (PLACE CN C:TY CF CCCEE LT7 EF,!-iEAO) Utility Name Utility Address Re: Vacation and Abandonment of Right-of-Way or Easement Legal Oesciptien Attached Gentlemen: An application for vacation/abandonment of the referenced property has been made to the C;ty of Ccoee, and the C;ty is in the ;.recess of reviewing this application, concerned with this vacation and abandonment. Your company may be involved or Before the C;tv proceeds with this application, your input would be appreciated. P!ease answer the fcilowing questions, and provide any additional comments you feel may be helpful. Cur utility is nct concerned) with this abandonment/vacation. Cur utility (objects to this procedure. Comments: "tr/ - 0.9 /u. ay..-7.0..v _ Representative_(� moi' (Please Print) /J,,., U s ♦ ,y.v Aa'4'G 4:5444.ei.e.4 aF�,C`ee Date Z- 2 ff'--�T Thank you fcr your cooperation. Please return to: C;ty of Ccoee, Planning Cepartnient 15,0 North Lakeshore Drive Ccoee, Fonda 34.761 3