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Home My WebLink AboutVI (C2) Right-of-Way Vacations: Resolution No. 2000-12, Lake Lotta Apartments Agenda 9-19-20009(` �� "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Ite lv�r:<.CbM11MIssoNEA S.SCOTT VANDERGRIFT Ocoee CITY OF OCOEE COMMISSIONERS DANNY HOWELL j \C 150 N. LAKESHORE DRIVE SCOTT ANDERSON ¢ �YW1ii� RUSTY JOHNSON v p OCOEE, FLORIDA 34761-2258 NANCY J.PARKER (407)656-2322 CRY rw,nwcee 0f G000 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 #2000-12- Lake Lotta Apartments Request to Vacate a Portion of Road Right-of-Way ISSUE: Should the Mayor and City Commissioners approve Resolution# 2000 -12, vacating a 15 foot wide unimproved public right-of-way adjacent to Tract 17, Orlando Groves Association as recorded in Plat Book E, Page 52 of the Public Records 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 Lake Lotta Apartments project. The right-of-way, if abandoned by the City, would be used as a buffer between the Lake Lotta Apartments and Rose Hill, a single family subdivision to the east. If not vacated the property would create a 15 foot gap between the 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 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 west and the Rose Hill subdivision to the east. Currently, the right-of-way is overgrown with vegetation and, for all practical purposes, is unused. 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 water or sewer lines into this right-of-way. POWWWWWWWP Protect Rcoees Victor Resources Jr7: The Honorable Mayor and City Commissioners September 12,2000 Page 2 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 and to eliminate a gap between the apartments and a single family subdivision, staff believes that the vacation of this portion of right-of- way would not be a detriment to the City. RECOMMENDATION: Staff respectfully recommends that the Mayor and City Commissioners approve Resolution#2000 - 12, vacating a 15 foot wide unimproved public right-of-way adjacent to Tract 17, Orlando Groves Association as recorded in Plat Book E, Page 52 of the Public Records of Orange County, Florida Attachments: Site Location Map Copy of Public Hearing Advertisement Resolution IS 2000-12 \\police_firel\planning\alexanderrall_data\capdfile\staff reports\2000ccsr\sr00065.doc Pan Protectcro , Location Map CITY OF OCOEE, FLORIDA LAKE LOTTA APARTMENTS RIGHT-OF-WAY VACATION CASE NUMBER VAC-OO-003 0.. sit gbrnuTh �� iIn-i CC 'j� r lh Mm..11 li!Li. 40au x m i. 4 OeN tau. M. Apa l..l..n::.. .. tit .17kai ♦ fin. .■ _n111 h ■ O ►!n°m,riial■ 1! PIIIIIl Mnlp 1 C ■ /� 1. S l 41 I pi I MIMI lllllll nillunnlltL A .nnen ,II r iilllL Iu;n PA l =i N: = west Oaks Mall Ir,II ` Alm; � IQ U'1�.. gillIn11111. � M. �_ 7I .rrui01 . ..nn..liI. RigHaf-WaY . .. -• �;�eUlflJ�ll1t' 1�r krimi 1.1 a- ISTF77F N LEGEND N CITY LIMITS V�� 04 Ocoee: CITY PROPERTY W I\ E V * o I I� r:a LY ROW TO BE VACATED S -', COUNTY PROPERTY 1IPUBLIC NOTICES • CITY OF OCOEE NOTICE OF PUBLIC HEARING TO CONSIDER AN APPLICATION FOR ABA N OF AENT AND VACATIO PORTIONOF N ROAD RIGHT-0F 4AV (NOTICE IS HEREBY GIVEN Pw„ant 9adlon 153t3 10 I Arc tle N oc e Code of ipo City SePlembe ge 2000 a0i:15pmm OCOEEnGirt COMMIS Peal lee I:Pe HEADING RI a�regular me Ion I the Commrsstone Lh o ve.• Owes,Fktmb Ne ne na d crone aeprwnoe need by Laxa Lolla Apart a, L L.C.. lo,me abenaonme l ana vacation of a cocoa bgblbl-nay I¢mMd a me Cry or Omee. dThone e Pegau 1152nNas heap'MCBH PGI Oc01<F ana Goeniv Fmn °Lprd Ddra The a mplele Cana lao Innueme a le gearabandonled endevacah cob way inspected anbe 0v00e Plannin be Bel a I. SD North Lakeshore Sava bar en Ibe nonrs of a 00 e m and Care legal holaays Imonab Fncay. „PnI parties neeeeeeer' "'Pr dopes limns an Ape Shall be e r advised public n Yn"or any no,erliftl `—` bay ana lr e aen.mg°D g bea9 m se m il� wP he gab In • par lIesmay appear atu illme aro and be heard with poncemo as Co appeal:ny d'ee°,a"son"' de. +fipis s rube heaeav m ynon mad err_ i Fsoceee Iand bum he e mg In meete eects Includesrecordf the appeal Ia baae¢e5 Per oneoynq die. ato ineany of thes oleernngfO9 shod 1 the Clly CIeM�Otnce 9G III hours N advance of tbeam acing al(AOT)9o5.3'0O e JEAN GRAFfON CITY CLERH,CITY OF OCOEE OLS3a961q Pi]20W eh THIS INSTRUMENT PREPARED BY: Scott A. Cookson, Esq. FOLEY & LARDNER 11 I 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. 2000- 12 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING A 15 FOOT WIDE UNIMPROVED PUBLIC RIGHT-OF-WAY ADJACENT TO TILE EASTERN BOUNDRY OF TRACT 17, ORLANDO GROVES ASSOCIATION 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 15 foot wide unimproved public right-of-way adjacent to Tract 17, Orlando Groves Association as recorded in Plat Book E, Page 52 of the Public Records of Orange County, Florida and as more particularly described in the attached Exhibit A (the "Roadway"); and 006.119229.2 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 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: 006.119229.2 -2- 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 15 foot wide unimproved public right-of-way adjacent to the eastern boundary of Tract 17, Orlando Groves Association as recorded in Plat Book E, Page 52 of the Public Records of Orange County, Florida and as more particularly described in the attached Exhibit A (the " Roadway"). SECTION 3. 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 4. 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 5. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of ,2000. 006.119229.2 -3-- 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. FOLEY & LARDNER By: City Attorney 006.119229.2 -4- ROSE HILL PHASE II EAST LINE OF ROSE HILL PHASE II PLAT BOOK 16.PAGE 35 N69'4/'07'E LOT 2 SOUTH LINE OF ROSE HILL PHASE II 15.00' Z _ /+ NORTHEAST CORNER OF THE Exhibit A b SOUTHEAST %OF THE n SOUTHEAST 1/40F SECTION 21-22-28 AND SOUTHEAST CORNER • OF ROSE HILL PHASE II W U W 0 0 k 0 Q SHEET IOF 2 SEE SHEET 2 FOR LEGAL DESCRIPTION O �NI Q Y LEGEND TRACT /7 p 0 SEC.-SECTION SW -SOUTHWEST ORLANDO GROVES ASSOCIATION. CO Z CO PC -POINT OF CURVATURE LAKE LOTTA GROVES In ( Fr) PT -POINT OF TANGENCY PLAT BOOK E.PAGE 52 Z TELT AN.-TANGENT ACENTRAL ANGLE IL • -CHANGE IN DIRECTION y Q V f -DENOTES A BREAK LINE ,N 'Ml �- k- Q. BEARING STRUCTURE BASED ON THE PLAT DA (fI K Nx G000 HOME5 PLAZA A REPEAT. LAT BOO? 27.PAGE /07 o 0 ROSE HILL PLAT BOOK /3.PAGES /20-129 In WEST LINE OF ROSE HILL AND a EAST LINE OF THE SOUTHEAST l/4 Ir OF SECTION 21-22-28 J POINT OF BEGINNING SOUTHEAST //4 OF SECTION 2/-22-28 N839O'24" POINT OF COMMENCEMENT /25p'Y NORTHWEST CORNER OF GOOD HOMES PLAZA N89 40 24'W t/ A REPEAT AS RECORDED IN PLAT BOOK 27,PAGE 107 Ia3 I /'C.0N — I I Q tc SOUTH LINE OF ROSE HILL VVI I qr3 1LOT I t I ; � GOOD HOMES PI ABA SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY. I HEREBY CERTIFY THAT THIS SKETCH OF CERTIFICATE OF N/1'HOR/ZAT/ON NO. LB /22/ ORANGE FLORIDA DESCRIPTION IS IN ACCORDANCE WITH THE COUNTY 'MINIMUM TECHNICAL STANOARDS AS REQUIRED BY CHAPTER 6'04-6 F I� = -- I ion. '�� ➢1t1 It \ -9/ /5' PLATTED SIN RIGHT OF WAY WILU,w CHART PSI. es ASSOCIATES, INCORPORATED TO BE VACATED LICENSE NUMBER 3N9 (x THE SCWYURe •WO TNC CRYvryK mx¢emn PLANNING WArftmO [trviAoxxRxw N/SFC-LK OF A r LoR ai&CCNSCO vmoon AND MAAPP<N 520 SOUTH MAGNOLIA AVENUE ORLANDO FLORIDA 32601 El (40 y 843-512G SHEET 2 OF 2 SEE SHEET IFOR SKETCH DESCRIPTION ( AS PREPARED BY SURVEYOR ) 15 FOOT PLATTED RIGHT OF WAY TO BE VACATED That portion of a 15 foot right of way adjacent to Tract 17, ORLANDO GROVES ASSOCIATION, as recorded in Plat Book E , Page 52 of the Public Records of Orange County, Florida, being more particularly described as follows: Commence at the Northwest corner of GOOD HOMES PLAZA, A REPLAT, as recorded in Plat Book 27 Page 107 of the Public Records of Orange County, Florida, thence N89' 40' 24 "W, along the South line of ROSE HILL , as recorded in Plat Book 13 , Pages 128-129 of the Public Records of Orange County, Florida, a distance of 25 . 00 feet to a point on the East line of the Southeast 1 /4 of Section 21 , Township 22 South, Range 28 East and the Point of Beginning; thence NOO' 34 ' 34 "E, along the West line of said ROSE HILL a distance of 380. 22 feet to the Northeast Corner of the Southeast 1 /4 of the Southeast 1 /4 of said Section 21 , said point also being the Southeast Corner of ROSE HILL PHASE II , as recorded in Plat Bock 16 , Page 35 of the Public Records of Orange County, Florida; thence 589° 41 ' 07 "W, along the South line of said ROSE HILL PHASE II , a distance of 15. 00 feet; thence SO0a34134 "W, parallel with aforesaid West line of ROSE HILL , c distance of 380. 05 feet; thence 589° 40' 24 "E, a distance of 15 . 00 feet to the Point of Beginning. Contains 5, 701 square feet, more or less. NOTE: Bearings based on the Plat of GOOD HOMES PLAZA, A REPLAT ( PB 27, Page 107 ) . SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY. ORANGE FLORIDA ,. . ��....- COUNTY �� Lei'; /5' PLATTED SING N 1 RIGHT OF WAY ASSOCIATES, INCORPORATED TO BE VACATED 520 SOUTH MAGNOLIA AVENUE ORLANDO, PLORIDA 32801 _ _ ..___.. (4.0 _ 20