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Home My WebLink AboutVI (E) Public Reading - Resolution No. 98-08, Abandonment and Vacation of Old Moore Road Right-of-Way Agenda 7-21-98 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" ItMAYOR COMMISSIONER S. SCOTT VANDERGRIFT O� Ocoee CITY OF OCOEE COMMISSIONERS • DANNY HOWELL O .�.` r • 150 N. LAKESHORE DRIVE SCOTT ANDERSON C OCOEE, FLORIDA 34761-2258 (407)656-2322 SCOTT A.GLASS fr NANCY J.PARKER ;. ?v CITY MANAGER Of GOOD�� ELLIS SHAPIRO STAFF REPORT DATE: July 17, 1998 TO: The Honorable Mayor and City Commissioners FROM: Robert Lewis, Senior Planner THROUGH: Russ Wagner, AICP, Director of Planning SUBJECT: Moore Road - Request to Vacate the Old Road Right-of-Way Alignment Resolution 98-08 ISSUE: Should the Mayor and City Commission approve Resolution 98-08, vacating the old alignment of Moore Road, which lies just north of the new alignment of Moore Road and just east of Maguire Road? BACKGROUND: The attached drawings show the location of the portion of the Moore Road right-of-way proposed to be vacated. Notices of the application were mailed to all utility providers and there were no objections to the proposed vacation. The property owners within 300 feet of the road right-of-way were also notified of this public hearing and an advertisement appeared in the July 10, 1998 Orlando Sentinel (see attached). As part of the development of the Plantation Grove PUD, the western portion of Moore Road was re-aligned where it meets Maguire Road. However, the road right-of-way for the old alignment was never vacated. It has been the policy of the City to review vacations of road right-of-ways (and easements) which adjoin vacant property at the time of development of that property. In this way, the City knows whether there is any need for the property to remain public. This application is being considered concurrently with a Preliminary Site Plan for the development of the adjacent property. July 17, 1998 Honorable Mayor and City Commissioners Page 2 DISCUSSION: A Preliminary Site Plan for a multi-family development known as The Esplanade at Plantation Grove is currently being processed for the property surrounding a portion of the old alignment of Moore Road. That site plan anticipates that the road right-of-way for the old alignment of Moore Road will be vacated, since it is no longer needed for a road. The Esplanade site plan is being considered by the City Commission as a separate agenda item on tonight's agenda. Within the old alignment for Moore Road there exists a large re-use water main (54 inch Conserv II) located within a 60 foot utility easement. The application under consideration proposes to vacate the old road right-of-way for Moore Road, but the utility easement for the Conserv II re- use line would not be vacated. The site plan for The Esplanade at Plantation Grove is designed in a fashion so as not to conflict with the 60 foot utility easement. Therefore, Resolution # 98-08 vacating this portion of Moore Road includes language which will preserve the 60 foot utility easement after the road is vacated. RECOMMENDATION: Staff respectfully recommends that the Mayor and City Commissioners approve Resolution 98-08, vacating a portion of Moore Road, which lies just north of the new alignment of Moore Road and just east of Maguire Road. Attachments: Resolution#9&08 Site Location Map Copy of Public Hearing Advertisement RWL C:\ALL_DATA\rlpdfle\StaffReports\CC MooreRoad ROW @ 7-21.doc Fri Un,ncoroorot 0 IS Ocoee 0 0111111 IP . I $ 1 111 S i a ' Uniinncoroo.oac ,ocI ,,,, lei x)0 J.° 5, • X00 — TJ— — ...ii l •,c7 Ott,de -....r.--_— oMAGUIRE ROAD M n c .ow 2630 40!402w (� xis J< r, J• I I ilk t t1 /' n.w E D a E 4. m 3 co m O m 1 �. m 03. 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Friday, July 10, 1998 CITY OF OCOEE NOTICE OF PUBLIC HEARING TO CONSIDEROAN APPLICA- TIN FOR ABANDONMENT AND ; VACATION OF A PORTION OF ROAD RIGHT-OF-WAY NOTICE IS HEREBY GIVEN our- ',want to Section 153-13(D)of Article II of the Code of the City of Ocoee,that on July 21,1998 et 7:15 p.m.,or as soon thereaf- ter 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, Flonda.to consider the applica- tion filed by Robert L Ferdi- nand, Mary V. Ferdinand, and James V. Ferdinand for the abandonment and vacation of a certain right-of-way located ,n- Me City of Ocoee. The ngM-0t-way proposed to be abandoned and vacated is a 60 toot wide unimproved public Eright-of-wa , according to the • plat thereof es recorded In Plat- Book 37,Pages 18 through 18, of the public records of Orange County,Florida in a portion of the Northwest'<of Section 32 Township 22 South Range 28 East. Said right-of-way being located at the Point of Begin- ning being on the Northern Rgm of Way line of the existing Moore Road to the point of ter- mination located on Maguire Road. The complete case flN-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 hoi- TThe City Commission may con- tinue the pudic 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 neanngs shall be announced dunng the heanng 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 en- sure that a verbatim record of the proceeding is made which includes the testimony and evi- 1, dance upon which the appeal.s 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 rtee�g at(407)658-2372. JEANCITY CLERK ON. CITY OF OCOEE July 9,1998 COR2215780 JULY 10,1998 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 For Recording Purposes Only 150 N. Lakeshore Drive Ocoee,FL 34761 RESOLUTION NO. 98-08 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING OLD MOORE ROAD,A 60 FOOT WIDE UNIMPROVED PUBLIC RIGHT OF WAY, WITHIN A PORTION OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, SAID RIGHT OF WAY BEING LOCATED AT THE POINT OF BEGINNING BEING ON THE NORTHERN RIGHT OF WAY LINE OF THE EXISTING MOORE ROAD TO THE POINT OF TERMINATION LOCATED ON MAGUIRE ROAD, AND DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED TO THIS RESOLUTION; PROVIDING FOR THE EFFECT ON EASEMENTS; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to abandon and vacate Old Moore Road, a 60 foot wide unimproved public right-of-way,within a portion of the Northwest 1/4 of Section 32, Township 22 South, Range 28 East, Orange County, Florida, said right-of-way being located at the Point of Beginning being on the Northern Right of Way line of the existing Moore Road to the point of termination located on Maguire Road, a complete legal description of said right-of-way to be abandoned and vacated is attached hereto as Exhibit"A" and by this reference made a part hereto(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 153-13(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. -2- 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 Roadway. The City Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to Old Moore Road, a 60 foot wide unimproved public right-of-way, within a portion of the Northwest 1/4 of Section 32, Township 22 South, Range 28 East, Orange County, Florida, said right-of-way being located at the Point of Beginning being on the Northern Right of Way line of the existing Moore Road to the point of termination located on Maguire Road, a complete legal description of said right-of-way being abandoned and vacated is attached hereto as Exhibit"A" and by this reference made a part hereto(the "Roadway"). SECTION THREE. Effect on Easements. Nothing contained in this Resolution shall be construed to in any way affect easements of record which may encumber 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. -3- SECTION FIVE. 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 SIX. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of ,1998. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Jean Grafton,City Clerk S. Scott Vandergrift,Mayor (SEAL) FOR USE AND RELIANCE ONLY BY ADVERTISED ,1998 THE CITY OF OCOEE,FLORIDA READ FIRST TIME AND APPROVED AS TO FORM AND LEGALITY ADOPTED , 1998 this day of , 1998. UNDER AGENDA ITEM NO. FOLEY& LARDNER By: City Attorney C:1AII Data\EKPDFILEIORD&RES\Resolution98-08MooreRdVac.doc -4- Exhibit "A" SKETCH OF DESCRIPTION _,Rra^CN W UNE NW SE_. 32 N 00'20'48" W f 137.60' I 60.00' - 'ORT10N OF THE NORTHWEST 1.'4 OF SECTION 32. TOWNSHIP 22 SOUTH, RANGE 28 EAST. ORANGE COUNTY, y F..ORIDA. AND BEING MORE PARTICULARL'r' DESCRIBED c I AS FOLLOWS: o A __GIN a7 THE SOUTHWEST CORNER OF CROSSCREEK "t =-+ASE ACCORDING TO THE SLAT THEREOF AS N 20RDED IN PLAT BOOK 37, PAGES 16 THROUGH 18. rN't m = to 7-7 THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, n to co .==1NG A POINT ON THE NORTH RICHT OF WAY LINE OF 4 (JI Qi EXISTING MOORE ROAD: THEI.ICE S 89'55'03" W Fs) N �' - ONG SAID RIGHT OF WAY A D!STA ^7. -r n; ^' 1r� • ,_ ... X9.32 FEET: r.> • O N - THENCE, N 55'34'38" W A DISTANCE OF 17212 FEET: 1 f r- -ENCE. S 89'88'22" W A DISTANCE `^ OF 1080.54 FEE;- c THE WEST LINE OF THE NORTHWEST 1/4 OF -T1CN 32: THENCE. N 00'20'48- W ALONG 0 :�3.aID WEST LINE A DISTANCE OF 60 00 FEET. ":'HENCE. N 89'55' E A DISTANCE E OF 1099.46 FEET: m ?ENCE. S 55'34'38" E A DISTANCE OF 269.73 FEET — _ 22 5TAN^ AFORESAID POINT ON THE WESTERLY LINE OF THE a o Mml O F3 =ROSS CREEK PHASE 2: THENN D 10 THENCE S 03'00'08" E y 0 a :____LONG SAIC WESTERL'i LING A DISTANCE OF 4.70 FEET THE POINT OF BEGINNING. at .__:�ONTAINING 1.811 ACRES (78,584 SQUARE FEET) LANO, MORE OR LESS. 1 I / .• T ^./ / c / / — / . O i - „ .4/ •,'h H0) , ti• E ? / '1 / / / m / /4, ya ,tib tw f y.y �.�iY��l�ry c. A6 Nil 17 �o m N 0 MAR 2 5 1998 m wN v•— C Ci TY OF 9CCEE /4.70' SCALE: 1" = 60' �--s 03'00'08' E POINT OF WEST LINE OF PLAT BEGINNING \SW CORNER I CROSS CREEK PHASE 2 P.B. 37. PG. 16-18 I 1. 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