HomeMy WebLinkAboutV (B) Resolution No. 97-05, abandoning and vacating a portion of Palm Drive Agenda 5-20-97
"CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" I[em V B
MUIDY• COMMISSIONER
Ocoee S.SCOTT VANDERGRIFT
� COMMISSIONERS
"e/1 N CITY OF OCOEE RUSTY JOHNSON
Ir 2 SCOTT ANDERSON
v O 150 N. LA SCOTT A.GLASS
E DRIVE
r 0 OCOEE,FLORIDARIDA 31961-2258 11M GLEASON
�'F}F4 ` (407)656-2322 CIIY MANAGE0.
OF G000 EI.LIS SHAPIRO
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COMMISSION
FROM: JANET G. RESNIK, CAPITAL PROJECTS/CONCURRENCY ANALYST'Vili
THROUGH: RUSSELL B. WAGNER, AICP, DIRECTOR OF PLANNING
DATE: MAY 14, 1997 �✓"
SUBJECT: RESOLUTION 97-05, VACATION OF A PORTION OF PALM DRIVE
IN CONJUNCTION WITH CONSTRUCTION OF THE WESTERN BELTWAY
ISSUE
Should the Mayor and City Commission adopt Resolution 97-05, vacating a portion of Palm Drive
in conjunction with construction of the Western Beltway?
BACKGROUND
To put the proposed closing of a portion of Palm Drive in context with the larger issue of the City's
overall transportation network, a summary of what has occurred to date is provided as follows:
On February 20, 1996, the City Commission voted 5-0 to support staff's recommendation on
several issues regarding the Western Beltway and its impact on the future local transportation
network. At that meeting, several items were discussed, and staff was directed to meet with the
Expressway Authority to relay the City's position. Those items included:
1. The City's desire for an underpass on Roberson Road, west of Windermere Road
2. The City's desire for an additional underpass on Marshall Farms/Tomyn Road
3. The City's desire that a signalized intersection at S.R. 50 for the proposed frontage road
running north from S.R. 50 to Silver Star Road be incorporated in the Beltway plans
4. The City's desire to adjust a retention pond to accommodate that same frontage road
5. The City's desire to incorporate the intersection of the frontage road at Silver Star Road
6. The City's desire that the underpass at Palm Drive be deleted
7. The City's desire that an underpass be added north of Palm Drive
On March 14, 1996, City staff met with the Expressway Authority (the "Authority") to discuss these
issues. The Authority was receptive to all of the items. Because several design changes would
result from incorporating these items, the Authority requested that the Ocoee City Commission
formally endorse these changes as part of the Final Plans for the Western Beltway. �J
Page 2
Palm Drive Staff Report
May 14, 1997
On April 2, 1996 staff again presented a detailed list of proposed design changes for the City
Commission to review. The City Commission voted 4-0 to formally endorse all items as
presented. After this meeting, Russ Wagner, Director of Planning, appeared at the Authority's
public hearing on Part A of the Western Beltway and presented the proposed design changes on
behalf of the City Commission.
The Authority has agreed to incorporate all of the proposed design changes proposed by the City;
however, because the issue of Palm Drive entails the actual closing of a portion of a City road, a
formal roadway vacation is required.
DISCUSSION
The bridge over "Pine Street" was initially proposed by the City to coincide with the road plans
outlined both in the City's Comprehensive Plan and on the City's Future Transportation Projects
Map. The future roadway network in this area is proposed to include the extension of Wurst Road
west from Lakewood Avenue to Ocoee-Apopka Road and then from Lakewood Avenue to East
Crown Point Road. This roadway is planned as a collector facility which will carry a significant
amount of the traffic created by the eventual growth in this area. As such, it is anticipated that
significant portions of this road would be developer funded. The Pine Street bridge is a critical part
of this road network, ensuring that local east/west traffic movement is guaranteed in the future and
not blocked with a two mile detour. Staff and the City's consultants believe this is the best
alternative to ensure that future transportation needs are met.
In order to ensure the least amount of inconvenience to the people living and working in this area,
it would be desireable to make "Pine Street" a public access. Although the road appears to be
widely used and a portion of it has been maintained by Orange County for many years, some of
it is privately owned. The purchase of property to create a public right-of-way would guarantee
access rights to all people who want to use the road- Although "Pine Street" would not be paved
immediately, it could be placed on a maintenance schedule until that time. The purchase of this
property is an important part of the issue of Palm Drive and the future transportation network
because it addresses the immediate concerns of alternative access provisions as well as the long
range concerns that the property will be available for future road improvements as the area
develops.
A formal agreement is needed between the City of Ocoee and the Authority to deal with the
purchase of this property. The Authority has agreed to purchase the remaining land to make this
dirt road public, with the City to reimburse the costs. City staff and the Expressway Authority are
working on a draft Joint Participation Agreement. This agreement will need to be formally adopted
by both the City Commission and the Expressway Authority Board. The vacation of the portion of
Palm Drive needed by the Authority is contingent upon the City and the Authority coming to terms
on this agreement.
Page 3
Palm Drive Staff Report
May 14, 1997
This meeting (May 20, 1997) was advertised and noticed as a formal public hearing. The meeting
last month was an advertised public hearing as well. At that hearing, the City Commission voted
3-2 to direct staff to prepare the necessary documents for the vacation of Palm Drive, and related
to that, also directed staff to work with the Expressway Authority to draft a reimbursement
agreement for the property generally known as Pine Street.
Resolution 97-05 vacates only that portion of Palm Drive needed for the Western Beltway project
and reserves the necessary easements for drainage and utilities. As previously discussed, the
Expressway Authority will install cul-de-sacs on Palm Drive on either side of the Western Beltway.
Lastly, although the City Commission is acting on the Palm Drive vacation now, the vacation will
not be effective until the Expressway Authority provides notice to the City that it is ready to
commence construction.
Attached are two memoranda which discuss related issues raised at the last public hearing. The
street lights will be installed as soon as Florida Power can schedule the work, the other items are
scheduled for discussion during the upcoming budget sessions.
RECOMMENDATION
On Wednesday, May 14, City staff was notified by the Authority's legal counsel that the Authority
has an unresolved issue with a property owner which needs to be finalized before action is taken
on the Palm Drive vacation (see attached letter). In light of this, staff respectfully recommends that
the Mayor and City Commission continue the public hearing to June 17, 1997.
cc: Ellis Shapiro, City Manager
Jim Shira, City Engineer/Utilities Director
Paul Rosenthal, City Attorney
Hal Worrell, Executive Director, Orlando-Orange County Expressway Authority
c:\jrpdfill\corresp\stfrpt96\palmfina.lsr
SR P97
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IVIA IVIECOPlf & ORIG/NAL,
I II.S.MAn
Ibley&Larder
111 N. Orange Avenue
Suite 1800
Orlando, Florida 32801
' �• �o-ang GORY�tway Authority(the"Authority')/City of Ocoee
Our Pile No.: 12842-0002
Dear Paul:
the above referenced
copy of the Real EsateePParch= Agreement by matter,
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atc dour we are somas a
DeLoath and and I. Russell between Robert S. Rolland; went dated
Deanaber 29, 1972 as 2ooardod inin Official Records Roohe k B. e 2 2;Th R Jam propse •
If .,Mato=Alexander R. Gnat and Donald G. Swaongeo a23deRepreseive of
Grant, die!Wale
deceased, all of the foregoing also d/b/a Britt Naming
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Company, a
picinershiP, (collectively, 'Owen and the Aut city, dated hoe 2,4, 1996(the'Agreement".
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Paul P- Rosenthal, Esq.
May IS, 1997
Page 2
OwnerPursuanany andttoonstoAgreement, die Autbadty agreed to continue to to paragraph 23 of the ftrnish
the Construction Plans and agreed that the Authority Walid act
make any of Owner. Mr. Morrison,significant or adverse revisions to the Coate Plans without the unite consent
written
counsel far the Owner, has teeendy provided the Authority with a
Plan wmch�munic tunit fromobj the closing the Authority
consenting to any changes in the Construction
closing of Palm Drive and the opening of Pine Shed
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m the closinght of the g of Palm D and prior to the City of Ocoee's finalizing any acoM with respect
with hfr, sing of nopening of Pine Street; I would like m set up a mewing
for , Ymse1f and the to discuss these I will have myyou within the nit few undersigned
schedule the issues.
Clty'sIna n chpu as your
hearing hearing is set ee if aa amicable May 20, 1997, I might suggest you continue your
resolution can be niched with the Owner.
Thank you for your attention to this matter. Should you have any commentsconcerning the foregoing, please do not hesitate to contact me. questions or
I remain,
Val Y Yam,
Did C. David Brown, II, P. A.
x A. Wayne Rich, Chairman (via relecepier)
Orlando-on/4e County Authority
Eat°Id W. Woaall, E.., Executive yi ire 1
Orlando-Omnge County F,preaswaj Authority
ilLISOOTIZADEILLrats.isw BROAD AND CASSEL Ili
200,7000] 113908F'9 9 .S31Od CnLi 279 LOta to:9i 18 ST'So
THIS INSTRUMENT PREPARED BY:
Paul E. Rosenthal, Esq.
FOLEY 8 LARDNER
111 North Orange Avenue
Suite 1800
Orlando, Florida 32801
AFTER RECORDING RETURN TO:
Jean Grafton. City Clerk
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee, Florida 34761
RESOLUTION NO. 97-05
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA
ABANDONING AND VACATING THAT APPROXIMATE
450 FOOT PORTION OF PALM DRIVE RIGHT-OF-WAY
SITUATED APPROXIMATELY 525 FEET WEST OF PINE
STREET AND APPROXIMATELY 945 FEET EAST OF
EAST CROWN POINT ROAD, AS DESCRIBED IN THE
LEGAL DESCRIPTION ATTACHED TO THIS RESOLUTION,
BEING LOCATED WITHIN THE CORPORATE LIMITS OF
THE CITY OF OCOEE, SECTION 18, TOWNSHIP 22
SOUTH, RANGE 28 EAST, SUBJECT TO A PUBLIC
DRAINAGE AND UTILITY EASEMENT AS RESERVED
IN THIS RESOLUTION; 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 approximate 450 foot portion of Palm Drive right-of-way situated approximately 525 feet
west of Pine Street and approximately 945 feet east of East Crown Point Road, as described in the
attached Exhibit "A" legal description and sketch, located within the corporate limits of the City of
Ocoee in the northwest quarter of Section 18, Township 22 South, Range 28 East, subject to a
public drainage and utility easement reserved herein, and by this reference made a part hereof(the
"Roadway"); and,
1
WHEREAS, the City Commission of the City of Ocoee desires to reserve a perpetuai
public drainage and utility easement(the"Easement") over, under, and/or upon the vacated portion
of the Roadway as described in Exhibit "A" in connection with existing and/or future drainage and
utility facilities which may now or hereafter be located within the Roadway, as well as the perpetual
right of ingress and egress in, over, under and/or upon the Roadway for the purpose of maintaining
said utilities and drainage facilities and any other drainage and utility facilities and any
improvements now or hereafter located thereon which may now or hereafter be located in, over,
under, and/or upon the Roadway; and,
WHEREAS, the City of Ocoee annexed the subject Palm Drive right-of-way into the
corporate limits on April 16, 1985 by Ordinance Number 828; and,
WHEREAS, the City of Ocoee is the owner of the Palm Drive Road right-of-way by virtue
of the dedication to the City as provided in Ordinance Number 828, as recorded in Public Records
Book 3808. Pages 4553 and 4554, 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, the City
of Ocoee has filed a City-initiated vacation application to abandon and vacate the Roadway, subject
to the reservation of an 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, 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.
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. 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 that approximate 450 foot portion
of Palm Drive right-of-way situated approximately 525 feet west of Pine Street and 945 feet east
of East Crown Point Road, located within the corporate limits of the City of Ocoee, in the northwest
quarter of Section 18, Township 22 South, Range 28 East, a legal description of such roadway to
be abandoned and vacated is being attached hereto as Exhibit "A" and by this reference made a
part hereof(the "Roadway").
SECTION THREE. Reservation of Public Drainage and Utility Easement.
The City of Ocoee hereby reserves a perpetual public drainage and utility easement over, under,
and/or upon the Roadway as described in Exhibit "A" in connection with any existing and/or future
drainage and utility facilities that may be located within the Roadway and any other drainage and
utility facilities which may now or hereafter be located in, over, under, and/or upon the Roadway;
provided, further, that the reserved drainage and utility easement shall also reserve unto the City
and Public Utility Companies, including their successors and assigns. the perpetual right of ingress
and egress to and from the Roadway and any improvements now or hereafter located thereon for
the purpose of maintaining said utilities and drainage facilities and any other drainage and utility
facilities which may now or hereafter be located in, over, under and/or upon 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 upon
official notice of commencement of construction by the Ortando-Orange County Expressway
Authority.
PASSED AND ADOPTED this day of , 1997.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scoff Vandergrift, Mayor
ADVERTISED , 1997
READ FIRST TIME AND ADOPTED
1997,
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of 1997.
FOLEY & LARDNER
By:
Paul E. Rosenthal, City Attorney
4
.. EXHIBIT 'A'
Legal Description - Vacated Right of Way , Palm Drive
A portion of the Northwest 1 /4 of Section 18 , Township
22 South, Range 28 East . Orange County , Florida ,
being more particularly described as follows :
Commence at the Northwest corner of said Section 18 ;
thence run S00° 18 ' 50 "E along the West line of the
Northwest 1 /4 of said Section 18 , a distance of 1283 . 43
feet to the Northerly right of way line of Palm Drive ( a
60 . 00 foot right of way as now established ) ; thence
departing the West line of the Northwest I /4 of said
Section 18 , run N88 ° 18 ' 48 "E along the Northerly right of
way line of said Palm Drive , a distance of 302 . 60 feet for
a Point of Beginnning; thence continue N88 ° 18 ' 48 "E
along the Northerly right of way line of said Palm Drive .
431 . 00 feet ; thence departing the Northerly right of way
line of said Palm Drive, run S07 ° 59 ' 24 "E 60 . 37 feet to a
point on the Southerly right of way line of said Palm
Drive ; thence run S88 ° 18 ' 48 "W along the Southerly right
of way line of said Palm Drive , d distance of 450 . 12 feet ;
thence departing the Southerly right of way of said Palm
Drive , run NI0° 04 ' 26 '"E 61 . 29 feet to the Point of
Beginning .
Containing 0. 607 acres, more or less .
GENERAL NOTES
I . Bearings and Distances are teased on the Florida State Plane Coordinates
System - East Zone mean scale factor: 0.99997293.2. SKETCH PREPARED BY
Subject to Easements and Rights of Way of record. �r�_f.. n;
3. lot val id without surveyor's original signature and raised seal . OERNGINEES SU4 RVEYORS
INC.
ENGINEERS . wMEY°45
1505 E.COLON,4 AWE
SHEET 2 or 2 THIS MAP IS NOT A SURVEY. uw,wm.Ewma SzeoS
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EXHIBIT 'A'
Legal Description - Vacated Right of Way , Palm Drive
A portion of the Northwest 1 /4 of Section 18 , Township
22 South, Range 28 East . Orange County , Florida ,
being more particularly described as follows :
Commence at the Northwest corner of said Section 18 ;
Thence run S00° 18 ' 50 "E along the West line of the
Northwest I /4 of said Section 18 , a distance of 1283 . 43
feet to the Northerly right of way line of Palm Drive ( a
60 . 00 foot right of way as now established ) ; thence
departing the West line of the Northwest I /4 of said
Section 18 , run N88 ° 18 ' 48 "E along the Northerly right of
way line of said Palm Drive , a distance of 302 . 60 feet for
a Point of Beginnning; thence continue N88 ° 18 ' 48 "E
along the Northerly right of way line of said Palm Drive ,
431 . 00 feet ; thence departing the Northerly right of way
line of said Palm Drive , run S07 ° 59 ' 24 "E 60 . 37 feet to a
point on the Southerly right of way line of said Palm
Drive ; thence run S88 ° 18 ' 48 "W along the Southerly right
of way line of said Palm Drive , a distance of 450 . 12 feet ;
thence departing the Southerly right of way of said Palm
Drive , run N10° 04 ' 26 "E 61 . 29 feet to +he Point of
Beginning.
Containing 0 . 607 acres, more or less.
' W. LINE , N. W. I /4 , SEC . I
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RIGHT OF WAY WESTERN BELTWAY PARCEL NO. PROJECT NO. T5320-646E-602 6 603
PARCEL SKETCH ORANGE COUNTY, FLORIDA PALM AVE. RAW MAP SHEET. ID
DPW PROJECT NO.
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REVISION 9Y DATE DRAIN, JOF OWL M90.880.4 32803
1tl2189696- 594
"CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR• COMMISSIONER
`Ocoee S. SCOTT VANDERGRIFI'
T
/ Q
COMMISSIONERS]
��� CITY OF OCOEERUSTY JOHNSON
� Q SCOTT ANDERSON
CA ISO N. LAKESHORE DRIVE SCOTT A.GLASS
' ?V OCOEE,FLORIDA 3a961-2258 IIMI GLEASON
�•ilF��Si� 1-0W) ,56-23Z?
CITY MANAGER
Of G00p ELLIS SHAPIRO i11� MAY 0 9 1997
sYl�• MEMORANDUM
CITY OF OCOEE
TO: WANDA HORTON, FINANCE DIREC OR
FROM: ELLIS SHAPIRO, CITY MANAGEf
DATE: MAY 8, 1997 l
SUBJECT: FY 1997/98 BUDGET ITEMS
At the April 1. 1997 City Commission meeting, staff was directed to include several items
regarding Palm Drive in the upcoming budget. Those items are:
1. Funds for drainage improvements in the Palm Drive area
2. Funding for sidewalks along Palm Drive
3. Funding for a school crossing guard to service the
Palm Drive/Ocoee-Apopka Road area
Please make note of these items for when we start discussing the budget.
cc: Mayor and Commissioners
Janet Resnik, Capital Projects/Concurrency Analyst
oil
11
•
MEMORANDUM
TO: Janet Resnik, Planner
FROM: Richard Corwin, Public Works Directors
RE: Palm Drive Lighting
DATE: May 12, 1997
I spoke with Rich Frasier of Florida Power and Light who gave me a cost of $7
per light, per month, and seven lights will be needed.
An annual budget of$588 will be required to add lighting to this street.
I will notify FPL to proceed if this meets with your approval.
Rc/
cc: Ellis Shapiro, City Manager
13
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