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Home My WebLink AboutV (B) Resolution No. 97-05, vacating/aboandoning Palm Drive Agenda 6-17-97 Item V B "CENTER OF GOOD CITING-PRIDE OF HEST OIUNGE" MAYOR.CfMMISslfNER S. SCOFF VANDERGRIFT ` Ocoee PThIMISSICPMP3 o T CITY OF OCOEE DANNY uowELL Q SCOI-C ANDI2SON Ri: - 150 N. LAKESHORE DRIVE SCOTTc..... 0OCOEE,FLORIDA 34761-225ft ANCY A.GLASS : _jO NANCY I.PARKER ca (407)656-2322 A• en,M,mAexK�4 6000♦� ELLIS SI IAPIRO STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COMMISSION FROM: JANET G. RESNIK, CAPITAL PROJECTS/CONCURRENCY ANALYST.V-� THROUGH: RUSSELL B. WAGNER, AICP, DIRECTOR OF PLANNING j. DATE: JUNE 10, 1997 SUBJECT: PALM DRIVE VACATION - RESOLUTION 97-05 CONTINUATION OF PUBLIC HEARING FROM MAY 20, 1997 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 On February 20, 1996, the City Commission voted 5-0 to support staffs recommendation on several issues regarding the Western Beltway and its impact on the future local transportation network. At that meeting, several items were discussed including the City's desire that the bridge at Palm Drive be deleted, and that a bridge be added to the north (Pine Street) instead. Staff was directed to meet with the Expressway Authority to relay the City's position. On March 14, 1996, City staff met with the Expressway Authority (the "Authority") to discuss this issue along with several other items. The Authority was receptive to all of the City's requests. 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. 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 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 agreed to incorporate all of the changes proposed by the City; however, because the issue of Palm Drive would entail the actual closing of a portion of a City road, a formal roadway vacation would be required. On April 1, 1997, the City Commission held a public hearing to discuss the possible vacation of a portion of Palm Drive and to explain the possible reconfiguration of the local roads in that area to improve the local transportation system at the time of construction of the proposed Western Beltway. By a vote of 3-2, the City Commission directed staff to prepare a formal resolution to vacate the portion of Palm Drive necessary in order to build the Western Beltway. at Cs Page 2 Staff Report - Palm Drive June 10, 1997 A public hearing was scheduled and advertised for May 20, 1997 to consider the vacation of that portion of Palm Drive needed for the Western Beltway; however, on May 14 City staff was notified by the Authority's legal counsel that the Authority had an unresolved issue with a property owner which needed to be finalized before action should be taken on the Palm Drive vacation. In light of this, City staff recommended to continue the public hearing to June 17, 1997. DISCUSSION The unresolved issue relates to the Authority's purchase of property from the owner needed for the Western Beltway. The Real Estate Purchase Agreement between the two parties stipulates that the Authority would not make any significant or adverse revisions to the Construction Plans (for the Western Beltway) without the written consent of the landowner. The revision in question is the change in location of the bridge from Palm Drive to Pine Street. The Authority is working with the owner to try to reach an amicable resolution. A decision is expected within the next few weeks. Because of time constraints, City staff recommends that the City Commission take action on both the Joint Participation Agreement (for the purchase of right-of-way for Pine Street) and Resolution 97-05 (for the vacation of the necessary portion of Palm Drive). If the Authority and the landowner reach a settlement, then the Joint Participation Agreement can be scheduled for Expressway Authority Board action and all necessary approvals will be in place. If the Authority and the landowner do not reach a settlement, then it is unlikely that the Expressway Authority will sign the Joint Participation Agreement, and the bridge at Pine Street will not be constructed. RECOMMENDATION Staff respectfully recommends that the Mayor and City Commissioners approve Resolution 97-05 subject to the Expressway Authority signing the Joint Participation Agreement on or before September 17, 1997. By making this subject to the Authority's approval of the Joint Participation Agreement, the City ensures that Pine Street right-of-way will be in place and under City ownership prior to commencement of construction of the Western Beltway across the vacated portion of Palm Drive. SRP97023 c:\AI I_data\W pdocs\CORRESPONDENCE\STAFFR EPORTS\palmla st.sr THIS INSTRUMENT PREPARED BY: Paul E. Rosenthal, Esq. FOLEY& LARONER 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 perpetual 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. 1 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 Orlando-Orange County Expressway Authority. PASSED AND ADOPTED this day of , 1997. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott 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 A:misT1 '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 1 /4 of said Secrion 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 8eg1nnning; thence continue N88° 18 '48 "E along the Northerly right of way line of said Palm Drive, 431 . 00 feet; thence deporting 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 NID°04 '26 "E 61 . 29 feet to the Point of Beginning. Containing 0. 607 acres, more or less. cbNER41 NOTES • Rear'nns n a oislances a e Dosed on - rich S ate P on em East moon soda factor: O.9999 i593. `°d U. a r_., T. OufgeoT to Eusements gnu argnts of xa9 of near,. Welt&WEE 7,�,�� 3. out r,a is a Inoue surveyor's original s:ondrure ono ,vise,, seol- mf ypKre.COLONIAL awe '`�' SHEET 2 of 2 THIS may IS NOT A ;waver. 1471096-0594 W.LINE, N.W. 1 ,4. SEC. 18— i.0T PLlirED y Ter 500° 18 '50"E TEMAGP, P, 1283.43' P.O.C. CLAN.. ON 3 I . 11 N.W. CORNER. EASEHENT �/ I x — h=i • N.W. I /G OF • .Q, N1pa o NOT -IAIr£L Tu SECTION 18 22-28 NEB s�L . A . R /W LINE /—// , ' /// —I, ,,,f. i:ARY CONS RUC'!OH EA'.,=UENr ,J V W O 7 ND Q CC co co ci. J m� aco a_ _ ° co co \ z LAI -{ \ yr F v qn E -'EE ' P rvr L Ew _ CEO u DPNE �� P. Rioms �COP. CR°R° 96AREND I W P . ROAD oR. CO-Diel w '' E . RE Sill RED Z DtCTH [ N nnE' N.I o SC.Lc '— yC Rbm IT \ Er MI NCND . NUMBED a ED ACCESS PAD CER WE9 • PACE P.L. FL EAI ROOK J F.o.6. Nr r SELINil NG / / / \ // 1 60.3r .cl —/ ��'� $OT°se zA'E `-L . A. R /W L I NE P'R iW `n� P/ ... � u r�NJ NOr _... TET NOT A PLAT OF SURVEY RIGHT OF WAY I WESTERN BELTWAY PARCEL NO. °N01°4`"O, r5 O s.sO am I cm PARCEL SKETCH ORANGE COUNTY, FL ORIDA PALM AVE. n."wr Sar. 10 03/11 /91 960�136,000 EEr 1 n - C..EI "!`"°°`°wm a. al C LAND °"`°.pEG 45