HomeMy WebLinkAboutVI (C1) Right-of-Way Vacations: Resolution No. 2000-11, Cambridge Village Agenda' 9-19-20009
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" 141 ` 1 COMMISSIONER
S.SCOTT VANDERGRIFT
Ocoee COMMISSIONERS
O\ "' CITY OF OCOEE DANNYHOWELL
V___
�y �� SCOTT ANDERSON
� o. 150 N. LAKESHORE DRIVE RUSTY JOHNSON
p OCOEE, FLORIDA 34761-2256 NANCV J.PARKER
�?o (407)656-2322
.�� CITY MANAGER
4 Of GOO° ELLIS SHAPIRO
STAFF REPORT
DATE: September 12, 2000
TO: The Honorable Mayor and City Commissioners
FROM: Brad Friel,AICP, Capital Projects/Transportation Planner
SUBJECT: Resolution # 2000-11 - Cambridge Village PUD Request to Vacate a 25 foot
Unnamed Road Right-of-Way
ISSUE:
Should the Mayor and City Commissioners approve Resolution # 2000-11, vacating a 25 foot wide
unimproved public right-of-way lying east of Lots 21 and 22 and south of Lot 22, Rose Hill Groves as
recorded in Plat Book H, Page 146, of the Public Record of Orange County, Florida?
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 Cambridge Village PUD/ Subdivision. The right-of-way, if abandoned by the City, would
be used as a utility easement and conservation buffer between the Cambridge Subdivision and the
adjacent Rose Hill Subdivision, per the PUD approval.
Notices of the application were mailed to all utility providers and there were no objections to the
proposed vacation provided a utility easement is provided for Florida Power Corporation. 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
September 7, 2000 Orlando Sentinel (see attached).
DISCUSSION:
The portion of right-of-way in question is an unimproved road right-of-way that is bounded by the
applicant's property to the north and west, the Rose Hill Subdivision to the east and the West Oaks
Mall to the south. Currently, the right-of-way is overgrown with vegetation and, for all practical
purposes, is unused with the exception of overhead distribution lines. Florida Power 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.
Protect Dcoee's Water Resew cee H';
The Honorable Mayor and City Commissioners
September 12,2000
Page 2
Additionally, the City has no plans to expand existing water or sewer lines into 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 #2000-
11, vacating a 25 foot wide unimproved public right-of-way lying east of Lots 21 and 22 and south of
Lot 22, Rose Hill Groves as recorded in Plat Book H, Page 146, of the Public Record of Orange
County, Florida.
Attachments: Site Location Map
Copy of Public Hearing Advertisement
Resolution#2000-11
o:kalexandenall_data\capdfilelstaff reports12000ccsnsr00064.doc
Protect pcomr's Ward,
Location Map
CITY OF OCOEE, FLORIDA
CAMBRIDGE VILLAGE
RIGHT-OF-WAY VACATION
CASE NUMBER VAC-OO-OO 1
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11 PUBLIC
CITY OF OCOEE NOTICE
OF PUBLIC HEARING TO
CONSIDER AN APPLICATION
FOR ABANDONMENT AND VACA.
TION
OF AP RTION OF
ROAD RI NT-0FWAY
NOTICE IS HEREBY GIVEN pursuant
to 153-13 DI OfII ol the
Codection or the Cry of Ocoee.Ads I at On Sap.
lumber 19.2000 at 7.15 p m.,or as
soon (hereafter heal. the
OCOEE CRY COMMI prSSION will hold a
PUBLIC HEARING SI a regular session
C1Ihe Commission Chambers.Ocoee
M Halt, 150 Norlh Lakeshore Drive.
battled bbyy V Rage Constrrucson.LTD_.
tar Ine abandonment and vacation of a
Certain right-or-way Iocaled In Ilia City of
Ocoee.
The ngnbobway proposed to be aban
doned and vacated is a 25 foot wide un-
improved 1i2 tight-or-way
of Lot 7
Rose Hal Groves as recorded m Plat
Boo
f Orange County,Florida.ubtm Record
The complete case Mo.including legal
desorption of the right-el-way to be
Sbasdoned and vacated, may be in-
spected 50 NorhLaakeshore Planning
pm..n the of am a and 5 W
Monday through Friday,except re-
gal
holidays.
She Cc h Commissionr er may
dates continue Public hearing the
ca as May deem ae ed thtlterdale0
Ones,sand places of and 0G theu sole
lam r non hued pubnc heearings shau
be
rduring
( !tunny
t no r d Ices regarding there
mailers wall be published
Interested parties may appear at the
and be heard with respect to
the application.pp r son who desires
Publre hearing may need m ensure that
mverbatim record of ma roceedmg is
ade whit includes the testimony and
based Persons worth disaooirles°needing
assistance to pamclpate in any of the
erAs° 848oronane€looe buedvc o the meeting at(407)905at W.
JEAN GRAFTON
SeptembeRk 20I�OF OCOEE
0L53469410 SEPT7,2000
NOTICE OF PUBLIC HEARING
-COY OF OCOEE
Not hereby sen S 'oh°icle VIoheCtituIan eSneofFlerwa and Seum mfi Oat-Flmaa
Statutes.that the Ocoee City Commis.
the
commies will bolo
s Chamheaf r`u'iaar'°r...,r.
i
THIS INSTRUMENT PREPARED BY:
Scott A. Cookson, Esq.
FOLEY & LARDNER
it! North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 3 2 802-2 1 93
(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. 2000- 11
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING A 25 FOOT WIDE
UNIMPROVED PUBLIC RIGHT-OF-WAY LYING EAST
OF LOTS 21 AND 22 AND SOUTH OF LOT 22, ROSE HILL
GROVES AS RECORDED IN PLAT BOOK H, PAGE 146,
OF THE 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 25 foot wide unimproved public right-of-way lying east of Lots 21 and
22 and south of Lot 22, Rose Hill Groves as recorded in Plat Book H, Page 146, of the Public
Records of Orange County, Florida and as more particularly described in the attached Exhibit A
(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 I53-13(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. The City
Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights
in and to the 25 foot wide unimproved public right-of-way lying east of Lots 21 and 22 and
south of Lot 22, Rose Hill Groves as recorded in Plat Book H, Page 146, of the Public
Records of Orange County, Florida and as more particularly described in the attached Exhibit A
(the " 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 ,2000.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift,Mayor
(SEAL)
ADVERTISED September 7 ,2000
READ FIRST TIME AND ADOPTED
, 2000
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of ,2000.
-4-
FOLEY & LARDNER
By:
City Attorney
-5-
'NOTES.
1.THIS SURVEY WAS PREPARED FROM TITLE INFORMATION FURNISHED TO THIS SURVEYOR THERE MAY BE OTHER RESTRICTIONS OR
UNRECORDED EASEMENTS THAT AFFECT THIS PROPERTY.
2.NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN.
3.THIS SURVEY IS PREPARED FOR THE SOLE BENEFIT OF THOSE CERTIFIED TO AND SHOULD NOT BE RELIED UPON BY ANY OTHER ENTITY.
A 4 DIMENSIONS SHOWN FOR THE LOCATION OF IMPROVEMENTS HEREON SHOULD NOT BE USED TO RECONSTRUCT BOUNDARY LINES.
5.BEARINGS ARE BASED ON RECORD PLAT DATUM AND ON THE UNE SHOWN AS BASE BEARING(BB).
CIL WHITE ROAD 1 -- S 0915515'W(BB)25 DO'
P.OB
N.E.COR.
LOT 21
LOT 21
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VILLAGE CONSTRUCTION.LTD.
LOT 22 CITY OF OCOEE,FLORIDA
SCALE 8=wOSIN
Exhibit A
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O s
589°54'39'W 309.17' ROSE HILL PHASE II
�_ (P.B. 16, PG. 34-35)
S LINE NE v< SIC 21_22 cB
NOT PLATTED N 89'54'39"E 334.19'
DESCRIPTION'TEAST OF LOTS 21 a 22 AND SOUTH OF LOT 22.ROSE HILL GROVES AS RECORDED IN PLAT COOK H.
FOOTLYINGORDA MORE PARTICULARLY S . AS TOLL ELT OEON AT THE NORTHEAST
SAT)LoT 21 Tract - 1CO Tit O aO LOTSz /ND OOF EAC
LOT 22:THENCE RUN W. ALONG T E SOUTHUHT THEREOF. DI Eor - -
RUN aTOra I AT SAO
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34 OF THE C RORDS OF ORANGE F AT N 'O t D W i LINE ANO ALONG
-ST OF NOSE
HILL DECOCT RD 0C THE POOLRECORDSO OIRAN RDA.AL T O C9 FENT TO THE
SOUTH RGH OF' ROAD,THENCE PUN.19 a 5W.A D L STNEO COFEET 10 THE FOB OF SEGINNNG
LONillNING 031E ALRES MCRT CiI LEST.
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