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Home My WebLink AboutV (C) Resolution No. 97-06, vacating/abandoning ROW on south side of Lake Lotta Groves off Clarke Road Agenda 5-6-97 Item V C "('ENTER OF GOOD LB TVG-PRIDE OF HEST ORANGE" MAYOR•CONSESSIONER S. SCOTT VANJ)ERGRIFT Ocoee CITY OF OCOEE �"� ��OWE Q/ CANNY HOWCLL �_� ti SCOTT ANDERSON •- 150 N. LAKESHORE DRRti d SCOTT A.GLASS p OCOER,FIDRIDA 34761-2258 NANCY J. PARKER rca (407)656-2322 4j .�� GTl'AIANAAF6 f'�Of Goes�� ELLIS SIIAPIRO STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COMMISSION FROM: JANET G. RESNIK, CAPITAL PROJECTS/CONCURRENCY ANALYST 4 THROUGH: RUSSELL B. WAGNER, AICP, DIRECTOR OF PLANNING p/y,( DATE: JUNE 10, 1997 /// SUBJECT: WORSHAM APPLICATION - REQUEST TO VACATE UNNAMED ROADWAY RESOLUTION 97-06 ISSUE Should the Mayor and City Commission approve Resolution 97-06, vacating an unnamed roadway platted as part of the Orlando Groves Association, Lake Lotta Groves, which lies on the east side of Clarke Road and situated between the Worsham property (Lot 10) to the north and the Ozanian property (Lot 8) to the south? BACKGROUND The attached map shows the location of the unnamed roadway. The Worshams originally submitted for the vacation of the roadway on both sides of Clarke Road; however, they recently sold their property on the west side of Clarke Road and are now asking for only the east side to be vacated. Notices of the application were mailed to Lake Apopka Natural Gas, Southern Bell, Florida Power Corporation, Cablevision Industries, and Orange County. There were no objections to the proposed vacation. The property owners within 300 feet of the roadway were also notified of this public hearing and an advertisement appeared in the June 5, 1997 Orlando Sentinel (see attached). DISCUSSION It has been the policy of the City to review vacations of roadways (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. City staff held a preapplication conference with Mr. Worsham and his representatives to discuss the proposed development of the Worsham property; however, no plans have been formally submitted for the property. Based upon the attached memorandum from Paul Rosenthal, City Attorney, staff recommends that the vacation be put on hold until such time as the City Page 2 Staff Report -Worsham Vacation June 10, 1997 receives and is prepared to approve a subdivision plan and/or site plan to ensure that cross access issues and any other issues related to this roadway are adequately addressed. If and when the road vacation is brought back before the City Commission, City staff will, at a minimum, recommend that the City retain the twelve (12) feet adjacent to Clarke Road for the possible future six-laning of Clarke Road as described in the legal description. RECOMMENDATION Staff respectfully recommends that the Mayor and City Commissioners deny the request for vacation at this time and either vote to disapprove Resolution 97-06 or continue the public hearing until such time as the vacation may be considered simultaneously with a Final Subdivision Plan for the Worsham property and a cross access agreement between the Worsham and Ozanian properties is in place. The continuance should be subject to the applicant paying for the cost to re- advertise the public hearing in The Orlando Sentinel since the hearing can not be continued to a date certain. cc: John and Mary Worsham SRP97024 c:W II_data\Wpdocs\CORRESPONDENCE\STAFFREPORTS\worshamsr FOLEY & LARDNER ATTORNEY , AT LAW CHICAGO POST OFFICE BOX 2193 SAN DIEGO JACKSONVILLE ORLANDO, FLORIDA 32802.2193 SAN FRANCISCO LOS ANGELES 111 NORTH ORANGE AVENUE SUITE 1800 TALLAHASSEE MADISON ORLANDO, FLORIDA 32801 2386 TAMPA MILWAUKEE TELEPHONE(0071023 7656 WASHINGTON D.C. SACRAMENTO FACSIMILE(007)608-1703 WEST PALM BEACH WRITER'S DIRECT LINE MEMORANDUM TO: Janet Resnik, Capital Projects/Concurrency Analyst FROM: Paul E. Rosenthal, Esq. , City Attorney Q72 DATE: June 11, 1997 RE: Worsham Right-of-Wag Vacation The City is in receipt of an application from John and Mary Worsham for the vacation of a certain 30' wide unnamed road ("the Unnamed Roadway") located between the southern boundary of the Worsham property and the northern boundary of the Ozanian property. A public hearing on the application is scheduled for the June 17 City Commission meeting. This memorandum is intended to set forth our comments with respect to the proposed roadway vacation. The subject of the roadway vacation is addressed in the Developer Agreement dated August 21, 1990 between John H. Worsham, Jr. and Mary G. Worsham and the City ("the Developer Agreement") . The provisions of Section 3 (C) of the Developer Agreement provides as follows: "The parties hereto acknowledge that there may exist a certain 30 ' wide unnamed road along the southern boundary line of the Land ("the Unnamed Roadway") . In the event the Developer, at the Developer's sole cost and expense, applies to the City to have the Unnamed Roadway vacated and abandoned as a public roadway, the City hereby agrees to consider such application in good faith; provided, however, that the City shall not in any way be obligated to vacate any portion of the Unnamed Roadway lying with the Clark Road right-of-way corridor." As indicated above, the City is required to consider in good faith the proposed roadway vacation. However, the Developer Agreement does not impose upon the City an obligation to approve the roadway vacation. ESTABLISHED 1842 A MrM IK,n Gi ,.n L..a., ..n mw x,ais aN BrviIN,Bxe»_u.D.FSDEN.FP nn.q.PT. LONDON. Pna',.S'NuApoH2 s,a -o.e1..m r.TAIrr It is my understanding that a preapplication conference has been held with respect to a subdivision for the Worsham property and an application Is anticipated. The proposed roadway vacation and other transportation issues, including cross-access issues, have been discussed as part of the preapplication process. No formal action has been taken by the City and neither the applicant nor the City are bound by those preliminary discussions. In my opinion, it is premature for the City Commission to take action on the proposed roadway vacation in the absence of a proposed subdivision plan and plat. It may also be necessary for the City Commission to consider a final site plan in order to determine whether or not the Unnamed Roadway is necessary for transportation purposes. For example, the ability of the City to require cross-access between the Worsham property and the Ozanian property could be diminished if action were taken to vacate the Unnamed Roadway in the absence of an approved subdivision plan and plat. In light of the above, it is my recommendation that the application for the vacation of the Unnamed Roadway be denied, without prejudice to the applicants right to ref ile, based upon a finding that it is not in the best interests of the public welfare and the community as a whole to act upon the application in the absence of a simultaneous consideration of a specific subdivision plan and plat for property adjacent to the Unnamed Roadway. Alternatively, upon the request of the applicant the City Commission could continue the public hearing to the date on which the City Commission is scheduled to take final action on a plat for the Worsham property, provided that the Applicant also agrees to pay the additional out-of-pocket costs incurred by the City in advertising any such public hearing. In reviewing the subdivision plan on the Worsham property, the City should consider all transportation issues, including the need for cross-access across the Unnamed Roadway between the Worsham property and the Ozanian property. Consideration should also be given to requiring that a cross-access easement agreement between Ozanian and Worsham be in place prior to the vacation of the Unnamed Roadway. cc: Ellis Shapiro, City Manager Russell B. Wagner, Director of Planning Peter Fides, Esquire C:\WP IDOCrO OEVESNIKMEMIb11A/IORL EIPER:anc —L SITE LOCATION NIAF li! �,� Ii D T` ' ' I ( ' 1� I. k _ .J -- - R-I _ -z� -z LF KE f` 'r, 'J RKE ,-1 i • Rr .= Ill o F ®, . ary slilidaPUD ' g LAKE It I OLYMPIA I I I kreaktra +d`� ` Oiiil Yi ! ��iifeillig ni _r, r { 4 i i * Jt4 ' C'2tt flflfl, i i Y m ,- tl iiii m.r1 TIGER MINDR " n. 7 PppD l PARS ti.K i i11 i (COA) mac- ■ pibey 1 a - (COM) R � �� 1�— a+.� Pda 3, R—I—AA R 3 M6ST. QiKS MALL I«OC o-�•s . ; f _ SITE LAKE - BENNET E Z 7 C_2 , SR con alas ona SD ® Man EMS ® 0 co"�iii: A-2 LIfill iC�2 P S', 1--r II' r "R 3 .2 :. R 3 r 1 V f The Orlando Sentinel,T uniday.Jule 5.1907 � a7Y ocaa- .:VAPVACATION OP A PORTION • CO ROAD •. w PIOYGW EN IMIIim IS HERESY Orval a alto Swim AMI a .pat. Ceded be City d Mom q.l.P Lt 17, HA pin a( , w E ' O a practical Ja OOOFE ary after II eP --art. PUBLIC IME el•regular nalto• COmMletlen N.I. N Ocoee City r Not* to Carikke to 1 Wwomow Mid by Min Wwtlq Jr.atT 4M O.%Haan b the.E bwna! aiMart alU. cteardaaP.ptEM1.oI awe 1 baLlill224 pm?. Prostbuaw mnN � el Sand iota aowo3uer:lat.us Lotto refire toned atwaded It Plat emir E.Rage SE d Ic in Section or Orange armelC 1] Kriainge a Ea[r M naalr mat II Ml**I I,O OHM Rood 11*ptl damp lion a M tamfl•Aghpa.M Pip to be e bendOned e- gad .r0rPlenri A b mi nt North laaYM. vitOr MP —to—a ttO ant Ind WOO pay Baxley through Fid*y pl TM fimiaminMwYiAOC MeV N.la other Ms and lime prim Wt.— ea they deem_nricesearyo Rifled Seward Oboe MShred itMdateb .awiS Ma.ummwpe`�a� M wMnal—r. and MI m* oaf needed fr nw d be rtauyagp.a Meeting M Suthw iI.eactm Mathe rti an—adedm yis the le • . that • lewd Max aaMMIQ H aerie*.tech IKtla M Nebo,ard WOW i O..w musendich cliaelbt M.t .&g aeseterce b{atiq!H w Oty Oak.Mks MMuthe proceedlede s w.ould centre rwo- JEA MBE( Orsorrac • -AN S.len THIS INSTRUMENT PREPARED BY: Paul E. Rosenthal, Esq. FOLEY&LARDNER 111 North Orange Avenue Suite 1800 Orlando, Florida 32801 AFTER RECORDING RETURN TO: Jean Grafton,City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, Florida 34761 RESOLUTION NO. 97-06 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA ABANDONING AND VACATING THE EAST 282 FEET OF THE 294 FOOT LONG, 30 FOOT WIDE UNNAMED ROADWAY LYING IN SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST, EAST OF CLARKE ROAD, DIRECTLY NORTH OF LOT 8 AND SOUTH OF LOT 10, ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK E, PAGE 52, OF THE 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 east 282 feet of the 294 foot long, 30 foot wide unnamed roadway lying directly north of Lot 8 and south of Lot 10, Orlando Groves Association, Lake Lotta Groves, according to the plat thereof as recorded in Plat Book E, Page 52, of the Public Records of Orange County, Florida, lying 1 east of Clarke Road in Section 21, Township 22 South, Range 28 East, Orange County, Florida, a legal description of such right-of-way to be abandoned and vacated is attached hereto as Exhibit °A" and by this reference made a part hereof(the 'Roadway"); and, WHEREAS, the City of Ocoee 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,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. 2 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 the east 282 feet of the 294 foot long, 30 foot wide unnamed roadway lying directly north of Lot 8 and south of Lot 10, Orlando Groves Association, Lake Lotta Groves, according to the plat thereof as recorded in Plat Book E, Page 52, of the Public Records of Orange County, Florida, lying east of Clarke Road in Section 21, Township 22 South, Range 28 East, Orange County, Florida, a legal description of such right-of-way to be abandoned and vacated is attached hereto as Exhibit "A" and by this reference made a part hereof(the "Roadway"); and, 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. PASSED AND ADOPTED this day of , 1997. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) 3 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 6rAstrunciesannannwenenssamarraranarmal EXIT U.,.. onensaunamsminnosanninaronwomm SKETCH OF DESCRIPTION LEGAL DESCRIPECN: AN UNNAMED ROAD, BEING A 30 FOOT UNIMPROVED PUBLC RIGHT OF WAY. LYING DIRECTLY NORTH OF LOT 8 AND SOUTH OF LOT 10, ORLANDO GROVES ASSOCIATION. LAKE LOTTA GROVES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK E, PAGE 52. OF THE PUBLIC RECORDS OF GRANGE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE RUN S 89' ♦5'S8" W. ALONG THE NORTH UNE THEREOF, 282.26 FEET TO A UNE 12 FEET EAST OF AND PARALLEL WITH THE EAST UNE OF CLARK ROAD: THENCE RUN N 0013'44' W. ALONG SAID UNE, 30.00 FEET TO ME SOUTH UNE OF AFOREMENTIONED LOT 10: THENCE RUN N 89'45'58"E, ALONG SAID SOUTH LINE. 282.33 FEET TO THE SOUTHEAST CORNER OF LOT 10; THENCE RUN S 00'05'3TE, 30.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.194 ACRES MORE OR LESS. SURVEYORS NOTES: LEAD: - NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A LB_ LAND BOOMERS. FLORIDA LICENSED SURVEYOR AND MAPPER. PS.M. PROMOTIONAL SUF.EYOR AND MAPPER - LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY, (P) FLAT EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD, BY (u) MEAEMRE THIS FIRM. PLAT P Bow - REVISIONS DO NOT CONSTUTE A RECERTIR CATON OF THE EXISTING PB- PACE TI CONDITIONS OF THIS SURVEY UNLESS SO STATED. A DELTA R RADIUS - BEARINGS SHOWN HEREON ME BASED ON THE FOLLOWING: THE SOUTH L ARC LEND111 UNE OF LOT 10, AS BEING N89.45'58'E (ASSUMED). 0.1 O O O OISTu6E - THIS IS NOT A BOUNDARY SURVEY. CO CHORD BONING Q BENTEALME ORCANOn C/POyfS CAST DNS LOT 9 AEST UNE LOT 10 A`SSp LOT 9 V I LOT 10 CIA r/ON LOT TT O tI IRE CORNER a LOT 10 I Q s I 50095'37TE s CANE a TOT 10 0 8 30.00' 3_ _2_ N89'45'58"E 202.33' Y u UNNAMED ROADWAY • o X I1 —_ o S89'45'58'W 282.26' 1 -1 g a LOT 5 'oint of Beginning U R N0013'44'W X UNE �I 30.00' I NE Corner Lot 8 MAST mar OF.../ LOT 7 CAME Cr aAarc ROAD LOT 8 tAkf COrr: OROVE's f• PO' 52 CERTFIEO TO: TITAN PROPER RES. INC. nnmr a OEMaw1W CRAW. 9006800E SEARS B1. 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