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HomeMy WebLinkAboutVI (B) Resolution No. 99-08, Richmond Avenue Right-of-Way Abandonment and Vacation AgendaT 2-16-99 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" lG1AYIX2VCOBM1IMIssIONER S.SCOTT VANDERGRIFT Ocoee e COMMISSIONERS 0 CITY OF OCOEE DANNY HOWELL . �`y O 150 N. LAKESHORE DRIVE SCOTT ANDERSON v p OCOEE, FLORIDA 34761-2258 SCOTT A.GLASS `p :' IF (407)656-2322 NANCY J.PARKER �1 A CITY MANAGER fq OF GGal�` ELLIS SHAPIRO STAFF REPORT DATE: February 11, 1999 TO: The Honorable Mayor and City Commission FROM: Brad Friel,AICP, Capital Projects/Transportation Planners THROUGH: Russ Wagner,AICP, Director of Planning / SUBJECT: Richmond Avenue-Request to Vacate a Portion of the Road Right-of-Way Resolution #99-08 ISSUE: Should the Honorable Mayor and City Commissioners approve Resolution #99-08 (attached), vacating the portion of Richmond Avenue right-of-way lying south of the southern right-of-way line of the proposed relocated Maine Street and north of the existing north right-of-way line of State Road 50? BACKGROUND: The attached location map shows the portion of the Richmond Avenue right-of-way proposed to be vacated. The original application to vacate a portion of Richmond Avenue was submitted to the City on March 17, 1993. Unfortunately, the application did not include all of the information necessary for the City to vacate this portion of Richmond Avenue. Since that time, City staff and the applicant have worked to determine the ownership history of the roadway, the historical significance of the road, the actual physical location of the right-of-way, and other related issues. Having resolved these issues, a resolution to abandon a Portion of Richmond Avenue was prepared and scheduled for the July 16, 1996 City Commission meeting. This resolution was pulled by the applicant before the City Commission was able to discuss the item. On November 25, 1998 the applicant submitted another application to abandon a portion of Richmond Avenue. This application varies from the previous application because it considers the soon to be relocated Maine Street, and it is related to a Development Agreement that the City and the applicant entered into during November of 1998. Ownership history of the road: Research regarding the ownership history of the road was performed by the Orange County Real Estate Management Department. This research involved an Orange County public records title search on the parcels surrounding Maine Street and Richmond Avenue. Tracing the title on all six parcels, the title examiner did not find any conveyance of title to the City of Ocoee, Orange County, or any other governmental entity for the property underlying the roads. Olt' c 1all_data\bfpdfletcorrespondence\stafreportslcc.srnchmond.ave.doc The Honorable Mayor and City Commission February 11, 1999 Page 2 Historical significance: Although no official records have been located which establish the dedication of right-of-way to the City of Ocoee, there is agreement among state and local historians that Maine Street and Richmond Avenue have significant historical value to Ocoee, Orange County, and the State of Florida. The Florida Department of State, Bureau of Historic Resources, and the Orange County Historical Museum, have outlined the significance of these two roads. According to these agencies, between 1914 and 1918, Orange County undertook a massive program to build highways throughout the county. These highways, built of brick, linked a number of communities in the eastern and western parts of the county with each other and with Orlando. Orange County's initiative to build a network of highways pre-dates even state and federal efforts. Florida once had as many as 337 miles of brick highways, third in the nation behind Ohio and Pennsylvania. Today, only 18 miles of brick highway remain in Florida — and only two segments of Orange County's brick highway remain -- a 200-foot section between Orlando and Christmas, and the 0.25-mile section in Ocoee. The Florida Department of State, Bureau of Historic Resources is in the process of preparing an application to place all of the remaining original brick highways on the National Register of Historic Places. The completion date of this application is not know at this time. The brick road is also listed in the Comprehensive Plan as one of 13 historic sites in the City. Other related issues: On November 17, 1998 the City of Ocoee and William E. Colbum and John D. Colburn entered into a Development Agreement which involves, among other issues, the vacation of Richmond Avenue. The agreement is subject to four main points: 1. That the City agree to accept the application to vacate the portion of Richmond Avenue right-of- way lying south of the southern right-of-way line of the proposed relocated Maine Street and north of the existing north right-of-way line of State Road 50. 2. That the vacation of the portion of Richmond Avenue right-of-way be subject to a reservation by the City of all utility easements associated with the Richmond Avenue right-of-way. 3. That the City will consider in good faith the application to vacate the Richmond Avenue right-of- way and shall take final action on the application within 90 days from the effective date or within 90 days of the receipt of the application, whichever is latter. The City is not obligated to vacate Richmond Avenue. 4. That when and if the Richmond Avenue right-of-way is vacated, the applicant may remove all improvements located within the vacated Richmond Avenue right-of-way, except for utility lines and all related utility and sewer improvements. The utility and sewer facilities may be moved within the applicants development at the applicant's expense subject to City review and approval. 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 City Staff for comments and objections. There were no objections. Property owners within 300 feet of the road right-of-way were also c\all_datalbfpdfilelcorrespondence\staffreportsbcsr.richmond.ave.doc The Honorable Mayor and City Commission February 11, 1999 Page 3 mailed a notification of this public hearing and an advertisement appeared in the February 4, 1999 Orlando Sentinel and West Orange Times (see attached). DISCUSSION: The portion of Richmond Avenue to be vacated is a 60 foot right-of-way which is not paved, although it did include a brick road at some point. The right-of-way does include a City owned sanitary sewer force main and lift station (#7) including electric transmission lines to serve the lift station. The road right-of-way is bound by the applicant's property to the west, State Road 50 to the south, Maine Street to the north and two parcels to the east. All of the adjacent properties, with the exception of State Road 50 and Maine Street, are vacant and unimproved. The City currently accesses the sanitary lift station from Richmond Avenue to perform routine maintenance. The City Engineer/Utilities Director has no objections to the proposed right-of-way vacation provided suitable easement rights are provided for the existing City owned water and sewer facilities and the Florida Power electric transmission lines. Similar requests to provided utility easements were made by Orange County and Florida Power. The development agreement between the City and the applicant also deals with the issue of providing appropriate easements and the cost of relocating the City owned sanitary sewer force mains and lift station. The easement requests are covered in the attached resolution. To date, the City has no plans to pave or improve this portion of Richmond Avenue. Also, the vacation of the Richmond Avenue Right-of-way is not considered detrimental to the future Maine Street improvements or to the historic Maine Street since all of the existing brick roadway within Maine Street and Richmond Avenue lies outside the area to be vacated. All of the properties that currently use Richmond Avenue for access will continue to have suitable access from one of the following roads: Bluford Avenue, Maine Street and/or State Road 50. Staff believes that the vacation of this portion of Richmond Avenue would not be detrimental to the City for the following reasons: 1. Other than the existing sanitary force main and lift station, the City has no future plans for this portion of the Richmond Avenue right-of-way. 2. The existing Maine Street and the future relocation of Maine Street will not be adversely affected by the right-of-way vacation. 3. Appropriate utility easements will be maintained. 4. If the sanitary force main and lift station are relocated, it will be done at the applicant's expense. 5. Access to the adjacent properties will still exist via; Bluford Avenue, Maine Street and/or State Road 50. c:all_data\bfpdfle\coires pond ence\staffreports\cc.sr rich mand.eve.doc The Honorable Mayor and City Commission February 11, 1999 Page 4 RECOMMENDATION: Staff respectfully recommends that the Mayor and City Commissioners approve Resolution #99-08, vacating that portion of Richmond Avenue right-of-way lying south of the southern right-of-way line of the proposed relocated Maine Street and north of the existing north right-of-way line of State Road 50. Attachments: Location Map Resolution#00 08 Advertising Notice c:lall_data\bfpdfile\correspondence\staffreports\cc.sr.nchmond.ave.doc Location Map City of Ocoee , Florida Richmond Avenue Right-of-Way Vacation I I I__ i A „, \\ ---->,. , \ , - —Maine Street V \ A ♦ ists SUBJECT PROPERTY \ \\ Relocated Maine Street tf t.• ^'0 S' \ > {c. tr �GO� Q f fk V �I n • f f6 f f .. f, o TV a. ' •`t • f f - n $ NI N',. L� • 3 .re 01 A� • y vss - }, NVI�_ • �f 4< f :r � rkr t'• `$v.. t State Road 50 \ mil aA n n d A'Po o i m_ �� \N Professional Parkway _ --_ ` "" R 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 - OS A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING TIHE PORTION OF RICHMOND AVENUE RIGHT-OF-WAY LYING SOUTH OF THE SOUTHERN RIGHT-OF-WAY LINE OF THE PROPOSED RELOCATED MAINE STREET AND NORTH OF THE EXISTING NORTH RIGHT-OF-WAY LINE OF STATE ROAD 50, LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF OCOEE WITHIN SECTION 20, 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 EFNECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to abandon and vacate that portion of Richmond Avenue right-of-way, lying south of the southern right-of-way line of the proposed Relocated Maine Street and north of the existing north right-of-way line of State Road 50, located within the corporate limits of the City of Ocoee within Section 20, Township 22 South, Range 28 East, Orange County, Florida, a legal description of such right-of- 006.125876.2 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 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 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 006.125876.2 2 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 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. Subject to the provision of Section 3 set forth below, the City Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to that portion of Richmond Avenue right-of-way south of the southern right-of-way line of the proposed Relocated Maine Street and north of the existing north right-of-way line of State Road 50, a legal description of such roadway to be abandoned and vacated is attached hereto as Exhibit "A" and by this reference made a part hereof (the " Roadway"). As of the effective date of this Resolution, the southern right-of-way line or the proposed Relocated Main Street has not been finalized; however, said right-of-way line will be south of the existing Main Street. At such time as the southern right-of-way line of the proposed Relocated Main Street is established by the City, the Mayor and City Clerk are hereby authorized and directed to record in the Public Records of Orange County, Florida, a "Notice of Establishment of Right-of-Way for Relocated Main Street" 3- 006.125a]6.2 which notice will set forth the final right-of-way of Relocated Maine Street (the "Notice"). Upon recording of the Notice, all reference herein to "the southern right-of-way line of the proposed Relocated Maine Street" shall be deemed to refer to the southern right-of-way line of Relocated Maine Street as set forth in the Notice. 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 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. 006.125576.2 -4- PASSED AND ADOPTED this day of , 1999. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 1999 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 -5-006.125876.2 EXHIBIT "A" That portion of Richmond Avenue right-of-way lying south of the southern right-of-way line of the proposed Relocated Maine Street and North of the existing North right-of-way line of State Road 50, located in Section 20, Township 22 South, Range 28 East, Orange County, Florida, said description expressly excluding the existing Maine Street right-of-way. oos.t 2se7s.z b- The Orlando Sentinel, Thursday, February 4, 1999 NOTICE CITY OF OCOEE HEARING TO CONSIDER AN APPLICA. DCTONANVAAIO OF A POR- TION OF ROAD RIGHT-OF- WAY NOTICE IS HEREBY GIVEN pit. suanArticle lo II of Section the Cede C of Cede of the y 1 Ocoos,that on February 16. 1999 at 7.15 p.m.,or as soon thereafter as practical, the OCOEE CITY COISSION will hold a PUBLIC HEARING ala repute(session al the Commie sion Chambers. Ocoee City Halt,150 North Lakeshore Dnve, Ocoee,Florida,to consider the application filed by William E. and John 0. Colburn for the abandonmenta end vacation 0$a the Orlyn/(MOoee. located ab NNed i d•raoaleeits the 'pooN°n- ci Richhmond Avenue right-of-way and north of the°e:lmng Roaride right-of-way one of State d 50,located in Section 20, Township RR South,Range 98 East Orange County, Florida. The Richmond Avenue righhyt--oeoaf cludes me existing way tO be vacated Maine SSbeat The complete case file,in lud- ryylegal description of the g a hto i.way to be abandoned and vacated,may be inspected at the Ocoee Planning De Drive'between Northe hr Lakeshore O onday armscaand rday exc:00 'epi legal h01. ys The city true the c pubic hewing taahlm o othe, dates and times as they deem necessary dvisede Interested the°dates, umB9.off Ibis nd or cons any ttb- n hearings shall be announced during the hearing and gthat no matters will cbe vuubtbb1ed.these Ineresled Parte may al the meeting and b heard m with respect to the appllcabon.My er• rson who desires to appeal anyldeCision made during the e d of the anieed,n and or this purpose may need to en- • min a verbatim record or hincludes proceeding is made which c des We testimony and am d ance upon which the appeal is based-Persons with disabilities needing assistance to pamn should contact the Proceedings lN Clerk s Office as hours advance of the meeting at(4077 es&2 22.. JEAN GRAFTON,CITY CLERK. GTY OF OCOEE 1999 OLLS25541030 FEEL Igo LEGAL Cm OF OCOEE NOTCE OF PUBLIC HEAPING TO CONTHE WEST ORANGE TIMES BANDONTQNFON APPLICATION FOR VACATCN OF A PORTION WINTER GARDEN, FLORIDA Of-ROAD RIGHT.'-env NOTICE IS HEREBY GIVEN PUBLISHER'S AFFIDAVIT OF PUBLICATION '°)'pantteS°`the Code the or acoeee Ga on the Cityim Ocoee, that on February o IS, n999 the at 7:15 Pm.,cr as soon CEEC as pOCOMMISSION iMIS the OwOEE Cm STATE OF FLORIDA PUBLIC b EA IN net a PUBLIC HEAPING et e COUNTY OF ORANGEregular sessionat the °ee Citon pembe nth Before the undersigned personally appeared Andrew Bailey tLaLke hove Derive',ore e, who on oath says he is Publisher of THE WEST ORANGE TIMES Florida, to consider the plication fle yeumm E. a weekly newspaper published at Winter Garden in Orange County,Florida;that the attached copy of and John D.CMbum for the advertisement was published in said newspaper in the issues of a abandonment rani end wayy located in in me Coy of Ocoee. The right-of-way proposed to be abandoned and vacated is 2/4/99 the portion of Richmond Avenue night-orway lying south of Maine Street anda Affiant further says that the said WEST ORANGE TIMES is a newspaper published at Winter rigtn orway one bn? rare Garden, in said Orange County, Florida, and that said newspaper has heretofore been continuously RoadTsn locited In rotor published in said Orange County, Florida, each week and has been entered as second class mail Range 28 East2 Ore e - metered at thepost office in Winter Garden, in said Orange County, fora County Florid The g yperiod of one year next Ciounty Avenue rivnThe preceding the first publication of the attached copy of advertisement; and affiant further says that he e.w aYwm m a be vacated Maine so-eet.e.preasy has neither paid nor promised any person, firm or corporation any discount, rebate commission or refund for the purpose of securing this advertisement for publication in the said newspaper. includingThe complete case ription th Lakeshore to be of and vacated,may be inspected at me Ocoee Planning Department tso Northt L keaoure MOO between dhe hours of Bay mrouge Fries, except legal holidays. Sworn and subscribed before me the Fourth The City Commission may day of February, 1999 do me public hearingto continue dates and times as they deem necessary. Interested pales shall be advised that 44- _ c the dates.amens and arongs — � cat of aniyom nnueion oearisor N tic,State of Florida snag be a Dun ed during he eeang and gnat n Jac der further notices regarding (SEAL) publ�ched.Doers a be JACKIE BROWDER Interested pales ma Notary Public, State of Florida with mp respect and to°i hee , My corrii-n. expires Dec. 17 2000 palica .. personowho Co.nm. No. CCo016S5 desiresi glide'during any publicmhearing may the Not 1 No. 503950 record of r nee a Pet_onally Knovm Predicted Iden[GcaUonpurpose proceeding and . enure may need to of a the that a verbatim Is recorde proceeding made T;pg u'. L9. F:✓'tree`_ which d evideenccee u morel testimonyi th appeal is based.Peraonswim I disabilities needing assistance to participate In shany ouldf contactte rothe EICngs hry Clerk's Office 48 hours In advance of the meeting at wresa2322. JEAN GRAFTON, CITYCLERK, Cm OFCCOEE .