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HomeMy WebLinkAboutItem V (A) Resolution No. 96-05, Vacation/Abandonment of 2 Utility Easements in the Hammocks. AGENDA 3-19-96 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item V A OcoeeVnINI.,.:..,.,.... . A piQ �y • O COMMISSIONERS RUSTY JOHNSON CITY OF OCOEE SCOTT ANDERSON v O 150 N.LAKESHORE DRIVE SCOTT E GLASS OCOEE,FLORIDA 34761-2258 JIM GLASON , (407)656-2322 CITY MANAGER Of GOOD ELLIS SHAPIRO STAFF REPORT TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS/ FROM: JANET RESNIK, CAPITAL PROJECTS/CONCURRENCY ANALYST Or-' THROUGH: RUSS WAGNER, DIRECTOR OF PLANNING DATE: MARCH 12, 1996 �f�� SUBJECT: RESOLUTION 96-05, VACATION OF UTILITY EASEMENTS ISSUE Should the Honorable Mayor and Board of City Commissioners approve the attached Resolution 96-05 which would vacate two utility easements on the common lot line between Lots 12 and 13 of the Hammocks subdivision? BACKGROUND Keith L. Whittingham has applied for the abandonment and vacation of the two, five-foot utility easements located on either side of the common lot line between Lots 12 and 13 of the Hammocks subdivision. (See attached location map. ) Mr. Whittingham owns both lots and is proposing to build one home that would straddle the lots . Attached is the notice that was sent to all property owners within 300 feet of the subject property and a copy of the notice of public hearing that appeared in The Orlando Sentinel on March 7, 1996 . Also attached is a letter from Mr. Whittingham authorizing Sun-Tec Builders, Inc . to act as his agent for this matter. DISCUSSION The proposed vacation was distributed to City staff and Orange County Engineering Department, Cablevision Industries, Florida Power, Lake Apopka Natural Gas, and Southern Bell . There were no objections to the vacation. RECOMMENDATION Staff respectfully requests that the Honorable Mayor and Board of City Commissioners approve Resolution 96-05 . 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H 16rQaef _ _ •• -ore Eiat7 _ - bin aar•f ��,��,E �'317 2R IT '« WINE: RRY COURT �','�!► eo.172 Oft` II IL Ir aar K 7r c°1 SS a r a. i I a s 1 aar io 3 c�' sr� r1p��S4 X. —1 I-1D'OR MIT. • k a 1 a 4 is $ $ 3� w, '�Is3 •.• ; k _ 19 8 a 9 N � N s.moi .rO '�( x... n �! - }1 n n I Id `" S0 1d - M� §r 1g $ I $ 1 1 .%Er a V aar Saar 25125. a 4T 01 X' ! 7 aar aar aar /L♦I' + I / Mini rs•ndT ma.2, SUBJECT EASEMENTS CITY OF OCOEE NOTICE OF PUBLIC HEARING TO CONSIDER APPLICATION FOR ABANDONMENT AND VACATION OF UTILITY EASEMENTS NOTICE IS HEREBY GIVEN pursuant to Section 153-13 (0) of Article li of the Code of the City of Ocoee, that on March 19, 1996 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 North Lakeshore Drive, Ocoee, Florida, to consider the application filed by Keith L Whittingham, for the abandonment and vacation of utility easements located in the City of Ocoee. The utility easements proposed to be abandoned and vacated are two - 5' utility easements (10' combined) situated on either side of the common lot line between Lots 12 and 13 of the Hammocks according to the Plat thereof as recorded in Plat Book 24, page 49 of the Public Records of Orange County, Florida. They are platted utility easements situated at the south end of Rosemist Court. The complete case file, including a legal description of the utility easements to be abandoned and vacated, may be inspected at the Ocoee Planning Department, 150 North Lakeshore Drive, between the hours of 8:00 am and 5:00 pm, Monday through Friday, except legal holidays. The City Commission may continue the public hearing to other dates and times as they deem necessary. Interested parties shall be advised that the dates, times, and places of any continuation of this or continued public hearings shall be announced during the hearing and that no further notices regarding these matters will be published. Interested parties may appear at the meeting and be heard with respect to the application. Any person who desires to appeal any decision made during the public hearing may need to ensure 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 assistance to participate in any of the proceedings 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 March 7, 1996 • the Orlando tier,na►rsday:Merch.7 CITY OF OCOEE i NOTICE OF PUBUC HEARING TO CONSIDER AN APPUCATION FOR ABANDONMENT • AND VACATION�EMENTS • LTIY to•SSeecUionEFS 153.13R(0) AY�rtfcNe ltrof ug Code of the City of Ocoee:that orr March 19,1998 of 7:30 p.m.,or as soon thereafter as practical,the OCOEE CITY COMMISSION will hold a PUBUC. HEARING at a regular session at Nt' .Commission Chambers, Ocoee Cas- Hall, .150 North Lakeshore Drive., Ocoee.Florida,to consider the applirer'. tion filed by Keith L.Whittingham,for- , the abandonment and vacation of utility easement located in the City of Ocoee.,-, The utinry easements proposed to be 4 abandoned and vacated are two 5' utility easements(10'cOmbined)-situat- ed on ether side of the common lot line between Lots 12 and 13 of the Hem• - mocks according to the Flat thereof as recorded in Plat Book 24,-page 49 of the Public Records of Orange County, '1Orida. They are platted utility ease- taints situated at the south end of Ro- mnist Court The complete case file,including a • legal descnption of the utility ease- ments to be abandoned and vacated, • may be inspected at the Ocoee Plan- •ning Department, 150 North Lakeshore Crave, between the hours of 8:00 am and 5:00 pm,Monday through Friday, .except legal holidays. The City Commission may continue the public hearing to other dates and times as they deem Interest- ed parties-shalt be advis ,that the dates,times,and places of arty contiu- ation of this or continued public hear- ings shall be announced during the hearing and that no further notices re- garding these matters will be published. 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- ktg the public hearing may need to en- sure that a verbatim record of the proceeding is made wtech incudes the tasti^grty and evidence upon which the appeal is based.Persons with disabili- ties needing assistance to participate in the anceedings should contact y he Clerk'si ad- vance of the meeting at((40�856Yt P JEAN GRAFTON,MI,CLERIC March 7,1996 OLS81$029 MAR.7i998 6225 Westgate Drive, Apt. 705. Orlando,Florida 32835 March 1, 1996 To whom it may concern: This letter is to certify that Sun-Tec Builders, Inc., and their representatives have authority to act as my agent and on my behalf in the matter of the vacating of the common easement between lots 12 and 13 at the Hammocks in Ocoee,Florida, of which I am the owner. Any courtesy you can extent to them in this matter is appreciated. Sincerely, 7 iZ%�tvG tom. Keith L. Whittingham be or.- :ne Cc -c) (_cl 72. _44.7// S P//e OFFICIAL NOTARY SEAL Oel HAROLD D HOLLIS .4 1.t-'"' ' k COMMISSION NUMBER CC457123 - QUO MY COMMISSION EXP. OF F�� APR. 30,1999 p p p p p p p p p p p PPPPPPPPPPPPPPPPPPPPPPPP For Recording Purposes Only RESOLUTION NO. 96-05 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA ABANDONING AND VACATING TWO -5 ' UTILITY EASEMENTS (10 ' COMBINED) SITUATED ON EITHER SIDE OF THE COMMON LOT LINE BETWEEN LOTS 12 and 13, HAMMOCKS SUBDIVISION, AT THE SOUTH END OF ROSEMIST COURT, LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF OCOEE WITHIN THE NORTHWEST AND SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST, AS RECORDED IN PLAT BOOK 24, PAGE 49, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to abandon and vacate two - 5 ' utility easements (10 ' combined) situated on either side of the common lot line between Lots 12 and 13 , Hammocks Subdivision, according to the plat thereof, located within the northwest and southwest quarters of Section 21, Township 22 South, Range 28 East, are recorded in Plat Book 24, page 49, of 1 the Public Records of Orange County, Florida, 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 Easements) ; and, WHEREAS, Keith L. Whittingham, is the owner of the fee simple title to Lots 12 and 13, Hammocks Subdivision 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 Keith L. Whittingham, (the "Applicant" ) to abandon and vacate the Easement; 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 Easements are located within the corporate limits of the City of Ocoee; 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 centerline 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 2 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. SECTION TWO. Abandonment and Vacation of the Easements, 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 the Easements described in Exhibit A along the common lot lines of Lots 12 and 13 , Hammocks Subdivision according to the plat thereof, located within the corporate limits of the City of Ocoee, within the northwest and south 1/4 of Section 21, Township 22 South, Range 28 East, as recorded in Plat Book 24 , Page 49, according to the plat thereof, all of the Public Records of Orange County, Florida, a legal description of said Easements to be abandoned and vacated is being 3 attached hereto as Exhibit "A" and by this reference made a part hereof (the "Easements" ) . SECTION THREE. 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 FOUR. 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 FIVE. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this 19th day of March, 1996 . APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S . Scott Vandergrift, Mayor (SEAL) ADVERTISED March 7 , 1996 READ FIRST TIME AND ADOPTED , 1996, UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED, AS TO FORM AND LEGALITY this day of , 1996 . FOLEY & LARDNER By: Paul E. Rosenthal, City Attorney 4 EXHIBIT A SKETCH OF DESCRIPTION 5/4f°' ' °`t DESCRIPTION miter -e- ZS'TtNT/av ,44ro4 h'"r"........ _____ T-,, ,,,,,:, .444°1°43 T -,. - I AAP.Ar. • id 1 Ler IL , ur S riiii4; -+ b'tI.Ksra O v.F. Q 1. 1N I I.04 f 44 iiI II a I r I I f _ &... � I 11 _ _ - IP.I.T. .1•I• L4 Lo 7. i' 1de 0.. ./iRsr covet 7" • >....... _ --- THIS =TM Z$ NOT AHOVARX3fJ M.1 •,.,.t>r..raagG !O____NO! J 7“. av/4.O —t R<vrsiQu 7`•' •i MI6 tI RR 114D Ob Linrzosza ArAkP A. SAW loll'IO • I m1 MTt1TINC>tT01C11111M LSCZND ` ` At1a'I/td#T 51(9/ifS "�` M t�ARWC 11t R OM1Q M7i ,w�[ r▪ MMAW RMIA IOile •IM M1R7! 10 UMW 47117 IIMM MO. y Orlando 1�i. la EV MOM w MAIM > !Ott L 1t•Nw dl. w as ' �"�' Oriawds. Purtis arms r Wry.I tis Mr --- % A. 1S4007 (407) 894-6314 It NM* Per-~off it iIIMw.rw~WI I SKETCH OF DESCRIPTION S'ee- Z 4"- DESCRIPTION DESCRIPTION VACATION OF THE 10-FOOT UTILITY EASEMENT LOCATED 5-FOOT ON EITHER SIDE OF THE BOUNDARY BETWEEN LOTS 12 AND 13.THE HAMMOCKS,AS RECORDED IN PLAT BOOK 24,PAGES 49&50,PUBLIC RECORDS OF ORANGE COUNTY.FLORIDA;MORE PARTICULARLY DESCRIBED AS FOLLOWS: . FROM THE SOUTHEAST CORNER OF SAID LAT 13;RUN THENCE N00°16'26"W ALONG THE EAST LINE OF SAID LOT 13,A DISTANCE OF r643.FEE-T FOR A PORT OF BEGINNING OF THE CENTERLINE OF A 10-FOOT UTILITY EASEMENT LOCATED 5-FOOT ON EITHER SIDE OF SAID CENTERLINE;CONTINUE THENCE N00.16'26"W ALONG SAID EAST LINE OF LOT 13 AND SAID CENTERLINE OF UTILITY EASEMENT,A DISTANCE OF ioit4 FEET;THENCE • • N70°01'01"W ALONG THE NORTHERLY LINE OF SAID LOT 13 AND CENTERLINE OF SAID UTILITY EASEMENT,A DISTANCE OF 57.09 FEET TO A POINT OF TERMINATION OF SAID CENTERLINE. THIS SKETCH IS NOT A BOUNDARY SURVEY. . T ,X.00•1 Z t, i!W. 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