HomeMy WebLinkAboutVI (A) Resolution No. 99-09, Abandoning and Vacating a Portion of a Certain Side Yard Utility Easement Located in the Coventry Subdivision Agenda 3-16-99
Item VIA
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
S.SCOTT VANDERGRIFT
O� :1;C:tee COMMISSIONERS
CITY OF OCOEE DANNYHOWELL
SCOTT ANDERSON
.,, Iticis
150 N. LAICESHORE DRIVESCOTT A.GLASS
vp OCOEE, FLORIDA 34761-2258 NANCY J.PARKER
' v (407)656-2322'j'f C.....,)* CITY MANAGER
f'P OF GOOp� ELLIS SHAPIRO
STAFF REPORT
DATE: March 10, 1999
TO: The Honorable Mayor and City Commissioners
FROM: Brad Friel, AICP, Capital Projects/Transportation Planner /3f
THROUGH: Russ Wagner, AICP, Director of Planning ?"10/
SUBJECT: Coventry Side Yard Utility Easement- Request to Vacate a Portion of the Easement
Resolution #99-09
ISSUE:
Should the Mayor and City Commissioners approve Resolution # 99-09, vacating a portion of a
certain Side Yard Utility Easement which lies along the eastern portion of Lot 109 in the Coventry
Subdivision?
BACKGROUND:
The attached maps show the location of the Side Yard Utility Easement proposed to be vacated.
Easements are typically created during the subdivision and platting process in order to preserve
areas for utilities or other City functions. This particular easement was established to preserve a two
inch City potable water line that serves a portion of the Coventry Subdivision. Unfortunately, a
portion of the house, located at 2649 Cedar Bluff lane, was built in this easement.
According to the information collected as part of the vacation request, the house was centered and
built on Lot 109 using information from the Preliminary Plat for"Coventry at Ocoee - Phase 2". The
information on the Preliminary Plat indicated that there would be a 5 foot side yard utility easement
along the eastern side of Lot 109. The easement was change from 5 feet to 10 feet after the house
was built and prior to the Final Plat being recorded. As a result the house now occupies three feet of
the ten foot easement.
The applicant has requested to vacate the portion of the easement in order to clear the title of any
discrepancies. The applicant is currently in the process of selling the house and is unable to find a
suitable buyer that can obtain financing because the title to the property is not "clear". According to
the applicant, the Federal Housing Administration (FHA) will not execute a mortgage loan without a
clear title and title insurance.
Notices of the application were mailed to all utility providers. Of those who responded, no objections
to the proposed vacation were filed. The application was also forwarded to the City's Department
Directors for comments and objections. There were no objections from City staff. Property owners
The Honorable Mayor and City Commissioners
March 9, 1999
Page 2
within 300 feet of the road right-of-way were also mailed a notification of this public hearing, and an
advertisement appeared in the March 6, 1999 Orlando Sentinel (see attached).
DISCUSSION:
The easement is bound by the applicant's property to the west, Cedar Bluff Lane to the south, Lot
102 to the north and a City owned stomiwater pond to the east. The portion of the easement in
question is a three foot by 47.5 foot portion of a ten foot by 143.83 foot side yard utility easement.
As mentioned previously, the easement was created to preserve a two inch City potable water line.
This vacation request was discussed with the City's Utility Director, and he has no objection to
vacating this portion of the easement given the fact that the majority of the easement would remain
at ten feet with only a portion of the easement at seven feet. Additionally, the City has no future
plans to use this easement except for the existing two inch potable water line. Access to the
adjacent stormwater pond is located on Cedar Bluff Lane. This access location is used for routine
maintenance. The proposed vacation should have no effect on the City's pond or its access
location.
Since the requested vacation would not adversely affect the existing potable water line or adjacent
stormwater pond, and since the City has no future uses planned for this easement, staff believes
that the vacation of a portion of the referenced side yard utility easement would not be detrimental to
the City.
RECOMMENDATION:
Staff respectfully recommends that the Mayor and City Commissioners approve Resolution#99-09,
vacating a portion of a certain Side Yard Utility Easement which lies along the eastern portion of Lot
109 in the Coventry Subdivision.
Attachments: Site Location Map
Lot 109 Map
Copy of Public Healing Advertisement
Resolution#99-09
Vacation of Easement
General Location Map
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The Orlando Sentinel, Saturday, March 6, 1999
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
TO CONSIDER AN
APPLICATION FOR
ABANDONMENT AND
VACATION OF A PORTION
OF UTILITY EASEMENT
NOTICE IS HEREBY GIVEN
pursuant to Section 153-13 D)
of Article II of the Code oft e
City of Ocoee, that on March
16. 1999 at 7:15 p.m.., or as
soon thereafter as practical,the
OCOEE CITY COMMISSION will
hold a PUBLIC HEARING at a
regular session at the Commis-
sion Chambers, Ocoee City
Hall,150 North Lakeshore Drive;
Ocoee,Florida,to consider the
application filed by Tammy
Bulman for the abandonment
and vacation of a portion of a
certain utility easement located
in the City of Ocoee. .
The portion of the Utility Ease-
ment proposed to be vacated is
a 47.5 foot long segment of the
western)Zee feet of a 10'rfoot
wide Utility Easement,lying and
being along the easternportion
cf Lot 109, Coventry at Ocoee-
Phase 2,"according to the Plat
thereof as recorded in Plat Book
27,Page 36,of the Public Re-
cords of,Orange County,Flori-
da.
The complete case file,includ-
ing a legal description of the
right-of-way to be abandoned
and vacated,may be inspected
at the Ocoee Planning Depart-
ment, 150 North Lakeshore
Drive,between the hours of 8:00
a.m. and 5:00 p.m., Monday
through Friday,except legal hol-
idays.
The City Commission may con-
tinue 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 contin-
uation of this or continued pub-
lic 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 a re-
cord of the proceeding and for
this purpose may need to en-
sure that a verbatim record of
the proceeding is made which
includes the testimony and evi-
dence upon which the appeal is
based.Persons with disabilities
needing assistance to partici-
pate 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 6,1999
COR2595768 MAR.6,1999
THIS INSTRUMENT PREPARED BY:
Scott A. Cookson, Esq.
FOLEY &LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
AFTER RECORDING RETURN TO:
Jean Grafton, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
For Recording Purposes Only
RESOLUTION NO. 99 - 09
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING A 47.5 FOOT LONG
SEGMENT OF THE WESTERN THREE FEET OF A TEN
FOOT WIDE UTILITY EASEMENT LYING AND BEING
ALONG THE EASTERN PORTION OF LOT 109,
"COVENTRY AT OCOEE-PHASE 2," ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 27,
PAGE 36, 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 that certain 47.5 foot long segment of the western three feet of a ten foot wide utility
easement lying and being along the eastern portion of lot 109, "Coventry at Ocoee-Phase 2,"
according to the plat thereof as recorded in Plat Book 27, Page 36, of the Public Records of
Orange County, Florida, a legal description and sketch of such portion of the utility easement to
be abandoned and vacated is attached hereto as Exhibit "A" and by this reference made a part
hereof(the "Easement"); 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
-1-
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 Easement and all owners of the property within three
hundred (300) feet in all directions of the Easement; 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
Easement; 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:
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.
2. Abandonment and Vacation of the Easement. The City Commission of the
City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to that
certain 47.5 foot long segment of the western three feet of a ten foot wide utility easement lying
and being along the eastern portion of lot 109, "Coventry at Ocoee-Phase 2," according to the
plat thereof as recorded in Plat Book 27, Page 36, of the Public Records of Orange County,
Florida, a legal description and sketch of such portion of the utility easement to be abandoned
and vacated is attached hereto as Exhibit "A" and by this reference made a part hereof (the
"Easement").
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.
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.
5. Effective Date. This Resolution shall become effective immediately upon
passage and adoption.
-2-
PASSED AND ADOPTED this day of , 1999.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 1998
READ FIRST TIME AND ADOPTED
, 1999
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of , 1999.
FOLEY & LARDNER
By:
City Attorney
-3-
Exhibit"A"
Legal Description:Portion of Utility Easement to be vacated
Commencing at the Southeast corner of Lot 109,"Coventry at Ocoee-Phase 2",according to the Plat
thereof,as recorded in Plat Book 27,at page 36 of the Public Records of Orange County,Florida;thence
North 0 degrees 06 minutes 05 seconds East,a distance of 52.40 feet;thence North 89 degrees 53 minutes
55 seconds West,a distance of 7.00 feet to the POINT OF BEGINNING;thence continuing North 89
degrees 53 minutes 55 seconds West along said line,a distance of 3.00 feet;thence North 0 degrees 06
minutes 05 seconds East,a distance of 47.50 feet;thcncc South 89 degrees 53 minutes 55 seconds East,a
distance of 3.00 feet;thence South 0 degrees 06 minutes 05 seconds West,a distance of 47.50 feet to the
POINT OF I3EGINNING.It is the intent of this description to describe that portion of the structure existing
on lot 109 which encroaches into a utility easement on said lot 109.
CURVE DELTA ANGLE RADIUS ARC TANGENT CHORD CN000/EARIMO
C I 06'70'76' 75.00' 11.27' 5.66' 11.26' N 66'02'01'0
LOT 102
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69.90' It 1
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