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Home My WebLink AboutVI (A) Resolution No. 96-10, vacating Utilility Easements on Lots 111, 112, 113, 114 and 37 in the Hammocks SubdivisionOcoee d �f Gp01D "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" CITY OF OCOEE 150 N. LAKESHORE DRIVE OCOEE, FLORIDA 34761-2258 (407) 656-2322 STAFF REPORT AGENDA 3-7-96 Item VI A S, SCOTT VANDERGRIFT COMMISSIONERS RUSTY JOHNSON SCOTT ANDERSON SCOTT A. GLASS JIM GLEASON CITY MANAGER ELLIS SHAPIRO TO: THE HONORABLE MAYOR AND CITY COMMISSIONERS FROM: JANET RESNIK, CAPITAL PROJECTS/CONCURRENCY ANALYST 6�1 THROUGH: RUSS WAGNER, DIRECTOR OF PLANNING Pj DATE: APRIL 29, 1996 SUBJECT: RESOLUTION 96-10, VACATION OF UTILITY EASEMENT ISSUE Should the Honorable Mayor and City Commissioners approve Resolution 96-10, vacating a 10 -foot utility easement which runs along the rear property line of Lots 111, 112, 113, 114, and 37 in the Hammocks subdivision? BACKGROUND The subject 10 -foot utility easement is currently situated on the rear property line of Lots 111, 112, 113, 114, and -37, as originally platted. These are relatively shallow lots and the developer wants to take advantage of the recently -vacated B.C. Terry Road and move existing cable lines to allow larger homes to be built. Attached is a location map and sketch of the area, and a copy of the notice of public hearing that appeared in The Orlando Sentinel on April 25, 1996. DISCUSSION Sunvest Development Corporation has entered into an agreement with Cablevision Industries to pay for the relocation of the cable television lines for these five lots. The lines will be relocated to the vacated portion of B.C.Terry Road adjoining these lots. There are no other utilities in this easement. All utility companies were notified of this application and no other company had any objection to the vacation. City staff has no objection to the request. RECOMMENDATION Staff respectfully recommends that the Honorable Mayor and Board of City Commissioners approve Resolution 96-10. IV7 1 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Jean Grafton, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 (407) 656-2322 RESOLUTION NO. 96-10 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA ABANDONING AND VACATING THE TEN (10) FOOT UTILITY EASEMENT AT THE REAR LOT LINES' OF LOTS 111, 112, 113, 114, AND 37, OF THE HAMMOCKS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 24, PAGES 49 - 50, 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 the ten (10) foot utility easement at the rear lot lines of Lots 111, 112, 113, 114, and 37, of The Hammocks, according to the Plat thereof, as recorded in Plat Book 24, Pages 49-50, in the Public Records of Orange County, Florida, a legal description and sketch of such easement to be abandoned and vacated is attached hereto as Exhibit A and by this reference made a part hereof (the Easement); and, WHEREAS, Sunvest Development Corporation is the owner of the fee simple title to said Lots 111, 112, 113, 114, and 37, The Hammocks; and, 1 WHEREAS, pursuant to Article II of Chapter 153 of the Code of the City of Ocoee, an application has been filed by Sunvest Development Corporation (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, Ocoee; and, WHEREAS, the Easement is located within the corporate limits of the City of WHEREAS, the Applicant has reached an agreement with Cablevision Industries for the relocation of existing cable television lines located within the Easement; 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 Easement and all owners of the property within three hundred (300) feet -in all directions of the centerline 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 153-13 (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 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 2 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 11 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 Easement described in Exhibit A attached hereto and by this reference made a part hereof. 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, 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 FIVE. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1996. 3 ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of .11996. FOLEY & LARDNER 0 Paul E. Rosenthal, City Attorney 4 ADVERTISED April 25 , 1996 READ FIRST TIME AND ADOPTED UNDER AGENDA ITEM NO. 1996 W4 a, I 1: SKETCH OF DESCRIPTION SHADY MAPLE CIRCLE (50' R/W) CURVE CENTRAL LI S 89'37'06" W ARC \ CHORD NW CORAER ANGLE RADIUS LOT 38 TANGENT Lor 37 DISTANCE C1 // p\ 25.00' 39.27' 25.00' \� 35.36' C2 30' N 88'33'01" E (J / — 15.64' 7.85' N 05'13'13" E 15.62' 89.22 38'55'05' 80.00' TO 28.27' 10k N. LINE //g� 19m 53.30' C4 14'22'06' 80,00' 20.06' 10.08' N 41'30'56' W � I 31 W Lor 37 ^ o LOT 36 N pp�I w NW CORNER. pIP 8 b N ZI LOT 114 2 g N 89.42'04 E 30' 80.00' N. UNE IW I m NI 0 N NI . I --I :- LOT 115 gN Ian I LOT 114Ln Q: is' 68 30' \ W lf/ OO 10 O, x'92 to In 'v LOT 113 `y I m g 125' Z 30' S 89.37'06" W� 3 i3 h o I g oI LOT 112 C; N o 2i8 z IZ !s I w a 3 S 89.37'06' W I Ln I � $ LOT 111 �I I ' I I P.O.B SW CORN LOT /7l ao 0' S. LINE 13LUE SPRUCE DRIVE (50' RTW) SHADY MAPLE CIRCLE (50' R/W) CURVE CENTRAL LI S 89'37'06" W ARC L2 N 00'22'54" W CHORD N0. ANGLE RADIUS LENGTH TANGENT BEARING DISTANCE C1 90'00'00" 25.00' 39.27' 25.00' N 44'37'06" E 35.36' C2 11'12'14' 80.00' 15.64' 7.85' N 05'13'13" E 15.62' C3 38'55'05' 80.00' 54.34' 28.27' S 30'16'52" E 53.30' C4 14'22'06' 80,00' 20.06' 10.08' N 41'30'56' W 20.01' DESCRIPTION VACATION OF 10 FOOT UTILITY EASEMENT (AT LOTS 1 1 1, 1 12, 113, 114 AND 37, THE HAMMOCKS AS RECORDED IN PLAT BOOK 24, PAGES 4-9-50, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.) BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 111; RUN THENCE N00'22'54"W ALONG THE WEST LINE OF SAID LOTS 111, 112, 113 AND 114 A DISTANCE OF 469.96 FEET TO THE NORTHWEST CORNER OF SAID LOT 114; THENCE N00'26'57"W ALONG THE WEST LINE OF SAID LOT 37 A DISTANCE OF 119.46 FEET TO THE NORTHWEST CORNER OF SAID LOT 37; THENCE N89'33'03"E ALONG THE NORTH LINE OF SAID LOT 37 A DISTANCE OF 10.00 FEET,• THENCE S00'26'57"E A DISTANCE OF 119.49 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 114; THENCE S00'22'54"E A DISTANCE OF 469.95 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 111; THENCE S89'37'06" W ALONG SAID SOUTH LINE A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINS 0.1353 ACRES OR 5894 SQUARE FEET MORE OR LESS. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. LINE TABLE CLF LI S 89'37'06" W 70.00' L2 N 00'22'54" W 64.70- L3 S 54'44'14' E 63.98- L4 N 50'15'17" E 65.79' THIS SKETCH IS NOT A BOUNDARY SURVEY. PREPARED FOR: SUN - TECH BUILDERS BEARING STRUCTURE BASED ON: PLAT I HEREBY CERTIFY THAT THIS SKETCH IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, AND THAT THIS SKETCH MEETS THE 'MINIMUM TECHNICAL STANDARDS' AS REQUIRED BY CHAPTER 61G17-6 FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. FRANK A. RAYMONl3 1!! LS #5325 /((9/91 s i [ s of Orlando Inc. 2012 E. Robinson St. Orlando, Florida 32803 (407) 894-6314 CALC - CALCULATED CLF - CHAIN LINK FENCE CONC - CONCRETE CP - CONCRETE PAD 1 - CENTRAL ANGLE OW - DRIVEWAY E/P - EDGE OF PAVEMENT FNO - FOUND IR - IRON ROD MEAS - MEASURED N&D - NAIL & DISK PC - POINT OF CURVATURE POB - POINT OF BEGINNING R - RADIUS TIP - TYPICAL UE - UTILITY EASEMENT CBW - CONCRETE BLOCK WALL CM - CONCRETE MONUMENT cow - COVERED CW - CONCRETE WALKWAY DE - DRAINAGE EASEMENT ESMT - EASEMENT FFE - FINISHED FLOOR ELEVATION IP - IRON PIPE L - ARC LENGTH MS - METAL SHED OL - ON LINE P&M - PLAT & MEASURED POC - POINT OF COMMENCEMENT R/W - RIGHT OF WAY UB - UTILITY BOX WF - WOOD FENCE , I E. (•::2:_:1,,.\Lw___mcr--.Lm-_•_ Lm -_;m --r y=, ;. i._-lua--�__-[uz- - (- , • o' �_. ]T i12 -n as •G]!D: 'mr1r2rt Kw i At 17 1c $is :z IA :X is i1E?.-' ,!.afi • 18` II�`it I$ dre+;; i ��m.r--•^ - I Q\r,.,cc i�: e[c c[c r - I, 8[ - i arut►1 4A, - 5lr sr V, []1Y ua,r -ATHERSTONE :IRC_-- 1 '?•c• iw _ _.y _ I `�• / 9.S' CLC LQ' CS LL 21' IS:, !' 'n�i law - it � _'- :� � •�^� � � I' III. - _ III - ti III • �I a 1'fiC �' ;Y s ¢ m i. Sf ', ' �. tf' �. - m -W i fi ¢• w.l. i � II! ' �I i �� sas�er-:�c g• 'Nlfi _ 8t 'IC 17L t t!. 1C -!- mix 61 ' I '° dl ]]!!'�li•Y1' ]rt 1rt Sr/ra't-i: pl - 3! CV$ a err ej •c i ii� :°i -^ �' .-8 13 - -�;" is • = al I$• I x LT R B a _ J 574' C[r I1 ' \r CBC CR 6LY :/ 12L or nrsrV[ IKR •r, '�J --ar•rlw[ at. - WINEBERRY COURT Q]ror[ •1 ,r o• 8I • Li �r mw ms u.Ir utr ItJ i r rtrxt n.tz Ls ✓:" i - tn,r 1 `mer .� cl Llx fi:! ,. xlx n >cIII $ r, � � a,� Mk i o .. /� �Gr ,i tr mm ME4'1T'0."Eiit III .. _ 'vI liw ., nc ; mar mtr .. 1,1P m dn Y\�d4]n 'E i . 4'��: ]est Vt Am. Ir � a / �, a let'YS'[ •_ - ( c AAA�rYtr[ RP - t CtC COC SI l� •t\ eIIXVI I .III •<iv = trsr� [ �:/ `lam - All,`�. TRACT. C. wm ,•.(.. IR£TENTIONI k nm I OL Or II tl IrLrr lawI &I. or IWirttr[ rsr Br[ >ol - " i0 so o.•..•G[ .otts-. I islaw $ $ IIi U(. Ian uta -W Iran` -tr[.u.t.I+.tt `rc Is i Isg III SCLC �d'Ji- 7 k Y,�♦ i r'sr r SUBJECT LOTS e .ar z e\r ar i IQ or = tLLaa r mW mr mr ar i mork 1 4 kill {_ Y kk!! bbII 44fIfI ® ttr•rrt QO `t' c or"rv, 21aV /—_GWGc'�i SPICE LANE - rVl , Am Or is ar aV C r* slIt $Ik k '125, I = t/{. �i- 1 mr 9 *1 YI [ar �j R QI 6 ��- �° saw g1 YI LZIL Y it $ 9 tilt UE SPRUCE ur&rsry merwors taw -LOCATION %CAC &'a $Ic;S I � sl[n;s $I Y!�+ra•� Ik IIx • 18` II�`it I$ � le � f, \r':,L'-� sem° IT_ ti ry ll ----"'Ir. �.^-a Br It±otL .�•4 Ivvv[ turirer[ lam :IIl��o r[•u.le+„iIt iiB N 51E �i•\1`^ �_��^ h4 �i- � �__ :'/ �:/I % �J ,L Ir COCA {1.!E - § A . Ier[rtrr_ I$• I _ .r role --ar•rlw[ at. - WINEBERRY COURT �J��' •r. . HK•t,'.:!•f-'e' �/„''� •C21 CK 1 It CC KIr •S C& or mm .I• .. sL 1, I - i III w XI xlf. r� 31 !t x,g! ¢1$ _ i{p R Ifi i8 ti M1 tl g $I��I- I mr nm I OL Or I'. mr 1 cr lawI &I. or e .ar z e\r ar i IQ or = tLLaa r mW mr mr ar i mork 1 4 kill {_ Y kk!! bbII 44fIfI ® ttr•rrt QO `t' c or"rv, 21aV /—_GWGc'�i SPICE LANE - rVl , Am Or is ar aV C r* slIt $Ik k '125, I = t/{. �i- 1 mr 9 *1 YI [ar �j R QI 6 ��- �° saw g1 YI LZIL Y it $ 9 tilt UE SPRUCE ur&rsry merwors taw -LOCATION %CAC 1]? CABLEVISION CV1 INOUSTRH A n +r ,;•i r , r .., , , ,. =1' .. , , � :r;tiE' r•-' ,t :tC: 1 :?BC.+ -;3. �,r Sun Tech Builders: After the easement has been vacated alon6,the rear of lots I i I to lot 37, Sunvest Development Corporation agrees to pay Cablevision Industries for the cost of relocating their facilities to a new location. The cost of construction I elated to'relocating Cablevision Industries facilities along the rear oflots I I 1 to 37, 5 lots in total is going; to be $1531.95, _ John Wolsl i onstruction Manager Cablevision Industries OR4 613 The Orlando Sentinel, Thursday, April 25, 1996 1-11 CITY OF OCOEE NOTICE OF PUBLIC HEARING TO CONSIDER AN APPLICATION FOR ABANDONMENT AND VACATION OF UTILITY EASEMENT NOTICE IS HEREBY GIVEN pursuant to Section 153-13 (D) of Article II of the Code of the City of Ocoee, that on May 7. 1996 at 7:30 D.m., or as soon there- poration, the abandonment and vaca- tion of utility easement located in the City of Ocoee. The utility easement proposed to be abandoned and vacated is the 10 foot utility easement along the rear lot Units of Lots 111, 112, 113, 114, and 37 of The Hammocks, accordingg to the Plat thereof, as recorded In Rat Book 24, Pages 49 and 50 of the Public Records of Orange County,'Flodda. It is a plat - between the hours of 8:00 am and 5:00 pm,'Monday through Friday, except le- gaf,holidays. ' The -Cit &vnission may continue the public hearing to other dates and times as they deem -necessary. Interested partes shall be.advised that the dates, times, andplaces 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 de- sires o 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 40 656.2322. JEAN GA O , C CLERK April 25, 1996_ OLS9o1536 APR.25;19%