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Home My WebLink AboutVI (D) Resolution No. 99-22, Azalea Ranch Lane and Lake Johio Road, Vacation of Right-of-Way, Case No. VAC-99-002 Agenda 12-21-99 Item VI D "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSCER S.Scan-VANDERGRIFT O! COMMISSIONERS Ocoee O/ eno CITY OF OCOEE COMMISSIONERS HOWELL j — 150 N. LAKESHORE DRIVE SCOTT ANDERSON 62 RUSTY JOHNSON v OCOEE, FLORIDA1. 62 3761-22 5 8 NANCY J.PARKER 22 cs (407) yr 4` CITY MANAGER 4OF GOO �` ELLIS SHAPIRO STAFF REPORT DATE: December 14, 1999 TO: The Honorable Mayor and City Commissioners FROM: Brad Friel, AICP, Capital Projects/Transportation Planner SUBJECT: Resolution # 99-22 - Request to Vacate a Portion of Azalea Ranch Lane and Lake Johio Road ISSUE: Should the Mayor and City Commissioners approve Resolution#99-22, vacating a portion of Azalea Ranch Lane and Lake Johio Road which lie within the Lake Johio Shores Subdivision? BACKGROUND: The attached map shows the location of the two road right-of-ways proposed to be vacated. The applicant has requested the vacation of these road right-of-ways so that they may be incorporated into the proposed Lake Johio Subdivision. The Azalea Ranch Lane right-of-way, if vacated, would be used primarily as a buffer between the single family subdivision and the commercial property located south of Azalea Ranch Lane. The Lake Johio Road right-of-way, if vacated by the City, would be incorporated into the single family subdivision. 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 Azalea Ranch lane to be vacated includes a dirt road that provides access to an existing home. This home will be removed when the subdivision is developed. In addition to the dirt road, the Azalea Ranch Lane right-of-way contains numerous trees that will be saved as part of the zit 6/ Pitted Ocoee's Wutet Resources The Honorable Mayor and City Commissioners December 14,1999 Page 2 subdivision's buffer. At the City Engineer/ Utilities Directors request a utility easement is also to be maintained over the right-of-way so as to provide for future water, waste water and reclaimed water utilities. The portion of the Lake Johio Road right-of-way proposed to be vacated also includes a dirt road which provides access to several existing homes which will be removed when the subdivision is constructed. Other than for future water, waste water and reclaimed water utilities, the City has no plans to improve these two road right-of-ways. Since the proposed utility easement will provided for future water, waste water and reclaimed water utilities, and the applicant is requesting the right-of-way vacation to improve their property, staff believes that the vacation of the two road rights-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#99-22, vacating a portion of Azalea Ranch Lane and Lake Johio Road, which lies within the Lake Johio Shores Subdivision. Attachments: Site Location Map Copy of Public Hearing Advertisement Resolution#99-22 \\police_firei\planning\calexandenall_data\ capdfile\staff reports\cc sr\sr99076.doc Protect Water City of Ocoee, Florida Azalea Ranch Lane and Lake Johio Road Right-of-Way Vacation r1 T VtJ 7 i I i I t ' I ■■•R■U/UU _._,i-`-- I I I I I 111 1 1 1 1 11 I I 1,- �1IIIIIII000U ♦♦�,•• I' Illi: l .1 J � : 11 (IVri 11 � 1 ' _ fII111111 K "AlbAkt/ _ tali 0. M :/Ow h�� II — - lia Cie •e Ism INIII men Illi =. ,. -- = M } Lake Johio r- i '�• 2.0 •' ": 2 i Right-of-Way -� �{ �;, ,, ,� to be Vacated — o �a Q Jig, m� + 11 I �� • mei �� \\\\\��\\\��\\�� .2 i 114ThAzalea Ranch Lane I HEM IN ■ , _ �ium. • 1111111111111 I iiiiuuuuuuuI LEGEND Right-of-Way to be Vacated A//City Limits Future Land Use H2O N CLM CtOee LIND — HIND — I 1INST 6 CI ° nLDR W ��'� a � MDR 1 HDR �, —1 O C 5 r coon .4 I OCOEE HPS REC CITY OF OCOEE NOTICE OF -- PUBLIC NEARING TO CONSIDER AN APPLICATION FOP ASA6DONMEN'T ANO VACASON OF A POP➢ON OF POLO PIG1,11-0FWAY NOTICE IS HEREBY GIVEN p.rs_en; co Sector sec 19 OI CI Ac.Ce II of The Code of re 0.,or 0, ca.cn Oo- cemPet 21 T359 15 G or as OCOH 'CITY CC USoon :area', .SrOsal ofl oc;dne a PDEOC NEARING a.a'e-far5e;50n ea C:r .-.53"C-a-.ors.Ocaee Crry Y. a ,e On e Roe. re 5 a 10„war,7,ass za. non =Y Thomas Cry or pry 0- rpmoa..o foraCanc< -e„a+C e n vacason oC a Y.c nn-{...10l way Icu:. aSan- =fan mthew,of way ee�} e 60 o can r 9 a5 a ea 10.0 Yea c-C Pe CoynOefa ine r loa Po..nc,Cato eceh'Ye re sou-icy S k-on a•reornw apa oc Of eRa^ae b EAr'B. a Bro.'a ace 0-a Cau^'yrf P.Oas 1n=.af:z.roe on a-p,l Poe kn.wn as Pm Kna Roaa aya; ery Of b'e 2 12. II 5 TO an, s tot 13 xK m.nd,Cl arr-ey _ nay le �.fy rep pa Se uon 16.L.re J.To.-.e p 2i $q Aa-ce E9 Eat pe Pt Spot 0. Pape Sa, Put Penns of O'aloe Car}.F4'.Ca Coe n. e. e rs cwa7 ale o Co oe a e ccn Pace S "ara . n sorrelcecl O N're Ur esb'e cI.•be s of e%a.. a pp c, M >; .re.„pep raf a), T e Ccy eam-es r.-ay cr. „e:we scey deer s;7 1 orwo ;ada>se:yw-ays° a . re d`da'1:.;t e Cla_r;se d c..-ss WI be„Pre.e:a. m Eons A carol; a be[ y eat wn re cy cc any oe05mnnace dn 4,cCe p;n5e ,p rsse aseb Of Fe10-Isl roe _:.�;a is'I _ex -e:cgs nolo.o-ar re C-y Crs scea of po Fs-nu JCP's GPAYTON OTT C_eot O,' OF CSOtE Se 3W 0.S> -5 ..u_S'Ra3 n vn¢F THIS INSTRUMENT PREPARED BY: Martha H. Formella, Esq. FOLEY & LARDNER Ill North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 AN 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 - 22 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING A 60 FOOT PORTION OF RIGHT-OF-WAY KNOWN AS AZALEA RANCH LANE LYING SOUTH OF LOTS 7, 8, 9 & 10, LAKE JOHIO SHORES, BEING BOUNDED TO THE EAST BY THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF SAID LOT 7 AND BOUNDED TO THE WEST BY THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF LOT 10, ALL BEING A PORTION OF SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST, PER PLAT BOOK Q, PAGE 54, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA AND A 60 FOOT PORTION OF RIGHT-OF-WAY KNOWN AS LAKE JOHIO ROAD LYING - WESTERLY OF LOTS 2, 12, 11 & 10 AND EASTERLY OF LOT 13 BEING BOUNDED TO THE NORTH BY THE SOUTHERLY LINE OF LOT 1, BOUNDED TO THE SOUTH BY THE WESTERLY EXTENSION OF THE NORTHERLY LINE OF LOT 14, ALL BEING PART OF LAKE JOHIO SHORES, A PORTION OF SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST, PER PLAT BOOK Q, PAGE 54, PUBLIC RECORDS OF ORANGE COUNTY FLORIDA; 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 the 60 foot portion of right-of-way known as Azalea Ranch Lane lying south of Lots 7,8 9 and 10, and the 60 foot portion of right-of-way known as Lake Johio Road lying westerly of Lots 2, 12, 11, and 10 and easterly of lot 13, all being part of Lake Johio Shores, a portion of Section 16, Township 22 South, Range 28 East, per Plat Book Q, Page 54, Public Records of Orange County, Florida as more particularly described on Exhibit"A" attached hereto and by this reference made a part hereof(Roadway A and Roadway B respectively);and WHEREAS, the City Commission of the City of Ocoee desires to reserve a public utility easement over, under and/or upon Roadway A in connection with existing or future utility facilities as well as the right of ingress and egress in, over, under and/or upon Roadway A for the purpose of maintaining said utilities and any other utilities which may now or hereafter be located in, over, under and/or upon Roadway A; 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 Roadway A and -2- Roadway B and all owners of the property within three hundred (300) feet in all directions of Roadway A and Roadway B; 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 7in 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 Roadway A and Roadway B; 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 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, 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 -3- Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to that portion of the 60 foot portion of right-of-way known as Azalea Ranch Lane (also referenced as " Asazalea Lane") lying south of Lots 7,8 9 and 10, and the 60 foot portion of right-of-way known as Lake Johio Road lying westerly of Lots 2, 12, 11, and 10 and easterly of lot 13, all being part of Lake Johio Shores, a portion of Section 16, Township 22 South, Range 28 East, per Nat Book Q, Page 54, Public Records of Orange County, Florida as more particularly described on Exhibit"A" attached hereto and by this reference made a part hereof(Roadway A and Roadway B respectively). SECTION 3. Reservation of Public Utility Easement. The City of Ocoee hereby reserves a public utility easement over, under and/or upon Roadway A in connection with any existing or future utility extensions that may be located in Roadway A and any other utilities which may now or hereafter be located in, over under and/or upon Roadway A; 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 tb and from Roadway A for the purpose of maintaining said utilities and any other utilities which may now or hereafter be located in, over, under and/or upon Roadway A. 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. -4- 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 -5- d N ¢ 0 tr w E - CO W oCI a 0 c.D w -- .. o 1� CD o j § Y v SKETCH OF DESCRIP110N Inge 5 CZ= DESCRIPTON: (AS FURNISHED) NY bP `� la 1 PORTION or A 60' AIDE RIOT DF WAY NOTED AS 'ROAD. Ll1NG SOUTH OF LOTS 7.8.9 kID q pp d BLNG BOUNDED TO THE EAST BY ME SOUTHERLY [xTERLDN Or THE EASTERLY LINE OF SAID LO' MAST gOi & BOUNDED ORTHE OF SI TI THE $DUi*EBLY [2 SOUTH Dr THE E 28SEAST, LINE LA LOT 10 ;!::it::: B S pF ` ALL BEING OUN A PTO THE W S[CBCN t8. iOM!$NIP .'] NTIc. RANG[ le EAST, PIAI ` $$a QG ODOR O. PAGL Sr ORANGE COUNTY. FLORIDA �Sa=`NBC "Y eiR rgov.; :1�,Y� \ S gox..Jc,p1 Ty m LAKE JOHIO qqq ', .07$$g41+� 0 @ tI1Unn.' e i % � B, 8 pI . Ol 10 LOT 9 LO1 6 NLOT 7 LOl 6 L01 5 71:1:1:1.. cyy�E .T .,oa ,1%'' w,m r >m..o N: I 4, INn 42,, C I ."�SSS 3— * f°m ROAD PEA PR'!'.TNIMCAT AnZALEA LAKE) 8^ w e t rtpd 1Yf viol% J.5 % j 6 sYIx LOT li ,. it a..ml town.„c.o., b a / p N. E 2N K in 1 PORDIr Fox Nolo 7671 °' A A - NI, //l3DlIA a �- LEGEND, TR Ms FI°"Tam "�Ay D o[.mLlcw Pa.o. Iw.ufwu rm z�E cwap • x.00ln IiCC*II aAoni r CP aeon.. mom 0N, : PCP Ml C l.+an - a , $ tl FM1G - `6 y , _____ aim I.c N4 _ _ m _ maI%o oN 04l C#O %AI%Iw £3 I' A. $ 8 DCLYDESIGiGROUP PL E 0L 1 t/30/1999 15:50 ]40]661 - EXHIBIT "A" SKETCH OF DESCRIPTION ( page 2 of 2 ) • DESCRIPTION: ( Roadway B ) A PORTION OF A WE WIDE PLATTEDLOTS R12HT_ W Y EASTERLY AS "ROAD LYING WESTERLY OF LOTS 2.12.11 AND 10 AND EASTERLY OF LOT 13 BEING BOUNDED TO THE NORTH BY THE SOUTHERLY LINE ((��D OF LOT 1, BOUNDED BY TO THE SOUTH BY THE WESTERLY EXTENSION N (5 11. 126 g OF THE NORTHERLY LINE OF LOT 14. ALL BEING A PART OF LAKE JOHIO SHORES AS RECORDED IN PLAT BOOK O. PAGE 54 klOy/ U 1099 LOT I CI Of OCOEE .., 4 r.. $ LOT 2 a bJ m• • i E LOT 12 &y£6 • jx VI ]q Tog "� bJi xf.• '2e E LOT 13PB *e LOT II i ,h ..,A 4 q LOT 10 Pl LOT 9 n'" -. .m ROAD J% I mP.n LOT 14 o.v,, I LEGEND: - I I on—w — K- A A n .n nArt An tc•CT•CTACA l `O'a"` (TATenAne a TA•T.•M .K rr�,w.,.s kO, sR/Lcno Nt LAND s,wW rc.eo+COY C.ssar YATj Or RAT. PIS AAC,w+S a`�r n lit = MAY OTY“Cl rO,TRAPCAt lI t CA.tatt.HuS CO ITT EWE" :I n.RB�Amt-.11[771[I.�RO'(lA4.Or WELD OAK.) ✓3,/Il R.,sso f� ' TO' ��_ w¢ Y- ItO rUl ..; h I /PMOHO er: DY, I AULRICAN SURVEYING L MAPPING I .y1wnUYN M.Nrn mom /[ 'J n�J/�j,.�1 Cn.w,or' IW )IW. (ton.l.-n+f BRUTE A All eraCi.T,IY /MII