HomeMy WebLinkAboutVI (B) Resolution No. 99-21, Dostorian Property, Vacation of Right-of-Way, Case No. VAC-99-001 Agenda 12-21-99
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" 1tnroVRI COMMISSIONER
S.SCOTT VANDERGRIFT
Ocoee COMMISSIONERS
` CITY OF OCOEE DANNYHOWELL
D �� �C 150 N. LAKESHORE DRIVE SCOTT ANDERSON
VV a RUSTY JOHNSON
C. p OCOEE, FLORIDA 34761-2258 NANCY J. PARKER
of ytt (407)656-2322
�l ON Cm MANAGER
f4 of oo �` ELLIS SHAPIRO
STAFF REPORT
DATE: December 14, 1999
TO: The Honorable Mayor and City Commissioners
FROM: Brad Friel, AICP, Capital Projects/Transportation Planner /IC
SUBJECT: Resolution # 99-21 - Dostorian Property Request to Vacate a Portion of Road
Right-of-Way
ISSUE:
Should the Mayor and City Commissioners approve Resolution # 99-21, vacating a portion of
unnamed right-of-way which lies just north of and east of Tract 7, Orlando Groves Association, Lake
Lotta Groves?
BACKGROUND:
The attached map shows the location of the unnamed right-of-way proposed to be vacated. The
applicant has requested the vacation of this right of way so that it may be incorporated into the
proposed West Oaks Towne Center site plan. The right-of-way, if abandoned by the City, would be
used as a utility easement and buffer between the West Oaks Town Center and the adjacent
properties.
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 the City's Department Directors for
comments and objections. There were no objections from City staff. Property owners within 300
feet of the road right-of-way were also mailed a notification of this public hearing and an
advertisement appeared in the December 9, 1999 Orlando Sentinel (see attached).
It has been the policy of the City to review vacations of road right-of-ways (and easements) which
adjoin 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.
DISCUSSION:
The portion of right-of-way in question is an unimproved road right-of-way that is bound by the
applicant's property to the south and west, the Toys-R-Us site to the east and a stormwater pond for
the West Oaks Mall to the north. Currently, the right-of-way is overgrown with vegetation and for all
De
POINT, .1:
Pr ofiu[Ocaers Water Aesources a
The Honorable Mayor and City Commissioners
December 14, 1999
Page 2
practical purposes is unused with the exception of City sanitary sewer lines, City potable water lines
and private utility lines. The City Engineering/ Utility Director has no objection to the proposed right-
of-way vacation assuming that a utility easement is provided across the property. To date, the City
has no plans to pave or improve this portion of road right-of-way. Additionally, the City has no plans
to expand the existing water or sewer lines in this right-of-way.
Since the City has no future plans for this right-of-way beyond its existing use, and the applicant is
requesting the right-of-way vacation to improve their property, staff believes that the vacation of this
portion of right-of-way would not be a detriment to the City provided the necessary utility easement is
provided.
RECOMMENDATION:
Staff respectfully recommends that the Mayor and City Commissioners approve Resolution#99-21,
vacating a portion of unnamed right-of-way which lies just north of and east of Tract 7, Orlando
Groves Association, Lake Lotta Groves.
Attachments: Site Location Map
Copy of Public Hearing Advertisement
Resolution#99-21
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City of Ocoee, Florida
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LEGEND 4,� Right-of-Way to be Vacated
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Future Land Use
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CITY OF OCOEE NOnCE OF
PUBLIC HEARING
TO CONSIDER AN
APPLICATION
FOR ABANDONMENT
AND VACATION OF
• A PORTION
OF ROAD RIGHT-OF-WAY
NOTICE IS SHEROEBYn ZdjGIVEN
Oxsuant to D)
f ArtiCity cle
II
the
Code
5e Ocoee. dt ori 0em
ber 211999 at] 50m ] as
` ahe'as practice]..the
OCOEE
COMMISSION will
rhole aa PUBLIC NEte,ARING at a
u
a
r
s
o
Hall 150 Nor`ern Wesseha ore,,
appppacaionri a n liedo
by�Buckley
Shu'er Proper.es, Inc for The
and vac:a/ion of a
celain r• nmhtlof o.ay located inthe City 01 Ocoee..
The rght of way propOsed tobe
abandoned and vacated is that
poemn of lee 3e01mt roadway
ejaceit O the noon line
Tract T lyi;rot
o s1 1 Cie eaaat
annd tf 30 loot roadway adjth
o`R6 east line of Tratl
Orlando Groves Association
Lake Lora Groves,according to
the plat thereol asre
corded in
Plat Book E. Page 52 Public
Records of Orange County,
Florida.
TheGe complete case tie.Intld-
right ollewaly dto be°abande ed
and vacated may be inspected
at the o50°NPOh Planning
one,between Inure hours of 3.00
thoand 5..00 ppm. Monday
ugh Friday,except legal no.
acre.
The cln Commission may con-
tinue the pub tr,c hearing to oer
d es and times as they deem
Interested panes
necessary.Shall avised that the dates,
betimesnd places of any contm-
• cl this or continued pub-
lic hearings shall be announced
during ieggard g these
matters w°lil be pnolisheo.
Interested pa-6es may appear at
the meeeng and be heard win
respect to the application.Any
perrson who desires fo mader appeal
anthe
publce hearing will need a re-
cord of the proceeding and toe
this purpose may nee to em
e that record I
Sure
pro mg is made h.Ch
al des Re testimony and evi-
dence uponti chh the appeal 5
to be based Pe d won d:o-
vn:es needing assistance
c in
nuidr of the
pro-
ceedingse
City
r 48 hours in
dt advance
rot the meetingat(4.01
6562322
JEAN GRAFTON,CITY CLERK,
CITY OF OCOEE
December 6,1999
COR305094 DEC'.1999
THIS INSTRUMENT PREPARED BY:
Martha H. Formella, Esq.
FOLEY & LARDNER
11l North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407)423-7656
AF IER RECORDING RETURN TO:
Jean Grafton, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
For Recording Purposes Only
RESOLUTION NO. 99 - 21
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING THE PORTION OF 30
FOOT ROADWAY ADJACENT TO THE NORTH LINE OF
TRACT 7 LYING EAST OF THE EAST RIGHT-OF-WAY
LINE OF CLARKE ROAD AND THE WEST 30 FOOT
ROADWAY ADJACENT TO THE EAST LINE OF TRACT 7,
ORLANDO GROVES ASSOCIATION LAKE LOTTA
GROVES, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK E, PAGE 52, PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA. SAID 30
FOOT ROADWAY ADJACENT TO THE NORTH LINE OF
TRACT 7 TO EXTEND EASTERLY 30 FEET TO
INTERSECT SAID WEST 30 FOOT ROADWAY EXTENDED
NORTH 30 FEET; PROVIDING FOR THE RESERVATION
OF A PUBLIC UTILITY EASEMENT; 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 portion of unimproved unnamed right-of-way lying in Section 21, Township 22
South, Range 28 East described on Exhibit "A" attached hereto and by this reference made a
part hereof (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
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
-2-
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
unimproved unnamed right-of-way lying in Section 21, Township 22 South, Range 28 East
described on Exhibit"A" attached hereto and by this reference made a part hereof "Roadway".
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.
-3-
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.
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
-4-
SKETCH AND DESCRIPTION EXHIBIT "A"
( Page 1of2 )
(THIS IS NOT A SURVEY)
NPP4GM SUBDIVISION
PUT 800K 38. PACE 132 NEST OAKS MALL
PGA BOOK 34 PACa 21 - 28
RE1TPCN POIB
N 00'05137" W
\ I S 89'45158" W 677.98' ^
30.00 y 30'ROADWAY A� V
N 89'45'58" E 647.97 V 1
TRACT a 2
TRACT
ORLANDO GROVES ASSOCIATION
LAKE LOTTA GROVES
PLAT B00K E, PAGE 52
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In
NORTH R/W 7 \N 89'48'00" E
WEST COLONIAL DRIVE (S.R. 50) 30.001
(R/W VARIES)
DATE - 12/10/99
SEE SHEET 2 OF 2 FOR LEGAL DESCRIPTION PROJECT NO. 98098 SHEET 1 OF 2
Associated Land Surveying
& Mapping, Inc.
101 WYMORE ROAD. SURE 110, ALTAMONTE SPRINGS. FLORIDA 32714
PH (407) 869-5002. FAX (407) 869-8393
SKETCH AND DESCRIPTION EXHIBIT "A"
(THIS IS NOT A SURVEY) ( Page2of2 )
DESCRIPTION OF PROPERTY TO BE ABANDONED/VACATED:
That certain property lying in Section 21, Township 22 South. Range 28 East, described
as follows:
That portion of the 30 foot roadway adjacent to the North line of Tract 7 lying East of
the East est 30
the East Me of Tract 7.1 Orlandol rke oad and the Groves Association WLake LottotGroves,ay according t to
to
the plat thereof as recorded in Plat Book E, Page 52, Public Records of Orange County,
Florida. Said 30 foot roadway adjacent to the North line of Tract 7 to extend easterly
30 feet to intersect said West 30 foot roadway extended North 30 feet.
it
THE
SEARING
SHOWN5 E PER LEGAL DE CRIPTON PROVIDED TO THE RRM BY PROPERTY CLIENT.
BEING 9'45B
DATE — 12/10/99 SHEET 2 OF 2
SEE SHEET 1 OF 2 FOR SKETCH PROJECT NO. 98098
PREPARED BY: Land LAND SURVEYING & MAPPING, INC. Associated Surveying
CERTIFICATE OF AUTHORIZATION LB 6787 Inc.
SURVERO AND MAPPER IC�RF52GNStBLE CHARGE & Mapping,
101 WYIAOR ROAD, SUITE10,-5002, FAOM�)SP 6I69 E1 93 FLORIDA 32714
PH (407) 669
DAMS M. MDFRMOIT
FLOR10A RECISTERED 511RVE OR AND MAPPER CENTFICATE No. 4779