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Home My WebLink AboutVI (B) Resolution No. 99-01, Abandoning and Vacating a Portion of Oakland Avenue Agenda 1-05-99 Item VIB "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S.SCOTT VANDERGRIFT O� Ocoee • COMMISSIONERS CITY OF OCOEE DANNY HOWELL .�.` t r •• 150 N. LAKESHORE DRIVE SCOTT ANDERSON vp OCOEE, FLORIDA 34761-2258 SCOTT A.GLASS c'�,. (407)656-2322 NANCY J.PARKER y1‘94C1-5j4,4' CITY MANAGER Op GOO ELLIS SHAPIRO STAFF REPORT DATE: December 30, 1998 TO: The Honorable Mayor and City Commissioners FROM: Brad Friel, AICP, Capital Projects/Transportation Planner SUBJECT: Oakland Avenue - Request to Vacate a Portion of the Road Right-of-Way Resolution #99-01 ISSUE: Should the Mayor and City Commissioners approve Resolution # 99-01, vacating a portion of Oakland Avenue, which lies just south of Lyle Street and lots 25 and 26 in the Sims Subdivision? BACKGROUND: The attached map shows the location of the Oakland Avenue right-of-way proposed to be vacated. The applicant has requested to vacate this portion of Oakland Avenue in order to construct a paved access to the home located south of lot 26. Residents of this home are currently using this area as the primary access driveway and parking area. This area is essentially a dirt driveway and parking area. The applicant has indicated that they wish to pave this area as an improvement to the property. Notices of the application were mailed to all utility providers and there were no objections to the proposed vacation. The application was also forwarded to the City's Department Directors for comments and objections. There were no objections from City staff. Property owners within 300 feet of the road right-of-way were also mailed a notification of this public hearing and an advertisement appeared in the December 24, 1998 Orlando Sentinel and West Orange Times (see attached). It has been the policy of the City to review vacations of road right-of-ways (and easements) which adjoin 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. DISCUSSION: The portion of Oakland Avenue in question is an unimproved road right-of-way that is bound by the applicant's property to the north, the CSX Rail Road to the south and a City owned and maintained stormwater pond to the west. The City currently accesses the stormwater pond from Bowness Road to perform routine maintenance. The Public Works Director has no objections to the OK- The Honorable Mayor and City Commissioners December 30,1998 Page 2 proposed right-of-way vacation with the assumption that a drainage easement, to the stormwater pond, is provided across the property. Similar requests to provided utility easements were made by Sprint and Time Warner Communications. To date, the City has no plans to pave or improve this portion of Oakland Avenue. Additionally, the City has no plans to place water or sewer lines in this right-of-way or to expand the stormwater pond. The only property that utilizes this portion of Oakland Avenue for access is the property owned by the applicant. The applicant's desire to pave the driveway and parking area is seen by staff as an improvement to the property. Since the City has no future plans for this portion of the Oakland Avenue right-of-way, and the applicant is requesting the right-of-way vacation to improve their property, staff believes that the vacation of this portion of Oakland Avenue would not be a detriment to the City. RECOMMENDATION: Staff respectfully recommends that the Mayor and City Commissioners approve Resolution#99-01, vacating a portion of Oakland Avenue, which lies just south of Lyle street and lots 25 and 26 in the Sims Subdivision. Attachments: Site Location Map Copy of Public Hearing Advertisement Resolution#99-01 City of Ocoee, Florida Oakland Avenue Right-of -Way Vacation L____- I I1Jl1 1 1 _ � 1 ii �_� Ii ____ ^ FranklinStreet `° ,Fr i UNICI 11.1k- d d d1 I COM uielsis„, .‘ ...1 0 __________571 r 1 •a land -I <\ ' 4 _____ \ I — All rtb. , I .,• a -ey 7 MN. k 1111 _ . \ FLORA alli e111 a 11111 cc rii (scale: 1" = 500' NM 1 1 i v 1 H -t } -'�1Close View \ A o [ ,s' Su je Art______ ty t b }afee -- — / Oakland Avenue I ice, Legend: Sc, . _ — _— A L....v..1 Ocoee City Limits ________,....../ 'Ilii, Subject Parcels Scale: Lakes see above A 1 Property Lines V CITY OF OCOEE NOTICE OF PUBLIC HEARING TO CONSIDER AN APPLICATION FOR ABANDONMENT AND VACATION OF A PORTION OF ROAD 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 January 5, 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 Commission Chambers, Ocoee City Hall, 150 North Lakeshore Drive, Ocoee, Florida, to consider the application filed by Edmond 0. Harrison, and Rosa L. Harrison for the abandonment and vacation of a certain right-of-way located in the City of Ocoee. The right-of-way proposed to be abandoned and vacated is the northern 40 feet of an 80 foot wide unimproved public right-of-way, shown as Oakland Avenue, lying south of and adjacent to Lots 25 and 26 Sims Subdivision, according to the Plat thereof as recorded in plat book F, Page 126, of the Public Records of Orange County, Florida. Lying and being in Section 18, Township 22 South, Range 28 East, Orange County, Florida. The complete case file, including a legal description of the right-of-way to be abandoned and vacated, may be inspected at the Ocoee Planning Department, 150 North Lakeshore Drive, between the hours of 8:00 a.m. and 5:00 p.m., 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 a record of the proceeding and for this purpose 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 - December 24, 1998 This notice is being sent to all property owners whose property located within 300 feet of the subject property. mailingames and addresses were obtained from the Orange County Property Appraiser's Office. 12B The West Orange Times Thursday,December 24, 1998 CITY OF OCOEE NOTICE OF PUBLIC HEARING TO CONSIDER AN . 'APPLICATION FOR ABANDONMENT AND VACATION OF A PORTION OF ROAD 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 January 5,1999 at 7:15 p.m., or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC .HEARINt3, at a regular session"at the Commission Chambers, Ocoee City Hall; 150 North •Lakeshore •Drive, Ocoee, Florida, to consider the application filed by Edmond O. Harrison, and Rosa L. Harrison for the abandonment and vacation of olt,certain right-of-way locatedzjn the City of Ocoee. The Orlando Sentinel,Thursday,December 24,1998 K-3 The right-of-way proposed to be abandoned and vacated is the northern 40 feet of an 80 foot wide unimproved public right-of-way, shown as ---Oakland Avenue,tying south CITY OF OCOEE of and adjacent to Lots 25 NOTICE OF PUBUC NEARING and 26 Sims Subdivision, TO.CONSIDER AN-APPLICATION. according to the Plat thereof FOR ABANDONMENT as recorded inplat book F, AND VACATION OF A PORTION OF Page 126, of the Public ROAD RIGHT-0F-WAY Records of Orange County, NOTICE IS HEREBY GIVEN pursuant to Florida. Lying and being in Section 153-13(D)of Article I of the Section 18, Township 22 Code of the CIN of Ocoee,that on Jan- uarySouth, Range 5,1999 at 7:15 p.m. or as soon Orange County,Florida. COMMISSIONthereafter �wiillll hold PUBLIC HEARING at a regular session at the The complete case file, Commission Chambers, Ocoee City Hall, 150 North Lakeshore Drive, including a legal description of the right-of-way to be Ocoee,Florida,to consider the seplice- Y tion filed by Edmond 0.Harrison,and abandoned and vacated,may Rosa L Harrison for the abandonment. be inspected at the Ocoeend vacation of a certain right-of-way' Planning Department, 150 oThe in the C8YaOcoee. North Lakeshore Drive, do tof 'nd v�to be aban- northern 40, between the hours of 8:00 feet of en 80 foot wide unim ed a.m. and 5:00 p.m., Monday public rightof-way,sf wna aO�Waand• through Friday, except legal Avenue, Av 28 Sims M�oto'. holidays. artSubdivision, In platwrdMg took the�e 126 of the Pudic The City Commission may Records of Orange County,Florida.Ly- continue the public hearing to In and being in Section 18,Township other dates and times as they 22 South, Range 28 East, Orange deem necessary. Interested County,Florida. parties shall be advised that The complete case file,Including a Ie- the dates,times,and places ab abandoned and vacae ted, tine- of any continuation of this or spected at the Ocoee Planning y continued public hearings menti 150 North Lakeshore Drive,be- ' shall be announced during tween the hours of 8:00 a.m.and 5:00 the hearing and that no p.m„�oidays.Monday through Friday,except further notices regarding The City Commission may continue the these matters will be public hearing bother dates and times• published. as they deem necessary. Interested wand be advised that the dates, Interested parties mayappear places of any continuation of , pP this or continued ued public hearings shalt at the meeting and be heard be announced during the hearing and, with respect to the that no further notices regarding these application.Any person who matters will be published. desires to appeal Interested prudes may appearat the,. P p any meeting and be heard with respect to decision made during the the application.Any person who de- public topublic hearing may need a sires to appeal any decision made dur- record of the proceeding and ing the public hearing may need a re= for this purpose may need to cord of the proceeding and for this ensure that a verbatim record =re'.may need to ensure that a ver- ace ccord a the proceeding Is made of the proceeding is made which Includes the testimony and evi- which includes the testimony dance upon which the appeal Is based. and evidence upon which the Persons with disabilities needing a appeal is based. Persons Lance to participate in any of the ro- with disabilities needing c 's should contact advance df assistance to participate in the as 866-�2. d any of the,proceedings ��CM CLERK should contact the City OLS2479185 Dec 24,1998 Clerk's Office 48 hours in advance of the meeting at 407/656-2322. JEAN GRAFTON, CITY CLERK, CITY OF OCOEE • 12/24/98__ 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 - 01 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THE NORTHERN FORTY (40) FEET OF THAT PORTION OF OAKLAND AVENUE, AN 80 FOOT WIDE UNIMPROVED PUBLIC RIGHT OF WAY, LYING SOUTH OF AND ADJACENT TO LOTS 25 AND 26 SIM'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK F, PAGE 126, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, SAID RIGHT OF WAY LYING AND BEING IN SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; PROVIDING FOR THE RESERVATION OF A PUBLIC UTILITY EASEMENT; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to abandon and vacate the northern forty (40) feet of that portion of Oakland Avenue, an 80 foot wide unimproved public right of way, lying South of and adjacent to Lots 25 and 26 SIM's 006.119229.2 Subdivision, according to the plat thereof as recorded in Plat Book F, Page 126, of the Public Records of Orange County, Florida, said right of way lying and being in Section 18, Township 22 South, Range 28 East, Orange County, Florida (the "Roadway"); and WHEREAS, the City Commission of the City of Ocoee desires to reserve a public utility easement over, under and/or upon the Roadway in connection with existing or future 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 any other utilities which may now or hereafter be located in, over, under and/or upon 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 -2- 006.119229.2 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 Roadway; and WHEREAS, the City Commission of the City of Ocoee fords 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 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. SECTION 2. 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 the northern forty (40) feet of that portion of Oakland Avenue, an 80 foot wide unimproved public right of way, lying South of and adjacent to Lots 25 and 26 SIM's Subdivision, according to the plat thereof as recorded in Plat Book F, Page 126, of the Public Records of Orange County, Florida, said right of way lying and being in Section 18, Township 22 South, Range 28 East, Orange County, Florida (the " Roadway"). SECTION 3. Reservation of Public Utility Easement. The City of Ocoee hereby reserves a public utility easement over, under and/or upon the Roadway in -3- 006.119229.2 • connection with any existing or future 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 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 any other utilities which may now or hereafter be located in, over, under and/or upon the Roadway. SECTION 4. 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 5. 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 6. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1999. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor -4- 006.119229.2 • (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 -5- 006.119229.2