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Home My WebLink AboutVI (C3) Right-of-Way Vacations: Resolution No. 2000-13, Ocoee Middle School (Ohio Street, Oak Street, Lakewood Avenue) Agenda 9-19-2000(� 'j "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Ite�VJ• ISSIONEA S.SCOTT VANDERGRIFT OCOee COMMISSIONERS o` Pair CITY OF OCOEE DANNv ow LL Ct�O150 N. LAKESHORE DRIVESCOTT ANDERSON a RUSTY JOHNSON Iv OCOEE, FLORIDA 34761-2256 NANCY J.PARKER titFP O 'r�: 0��,` ELLS CRY MANAGER AGERO (f G00 STAFF REPORT DATE: September 12, 2000 TO: The Honorable Mayor and City Commissioners FROM: Brad Friel, AICP, Capital Projects/Transportation Planner SUBJECT: Resolution #2000-13 - Request to Vacate a Portion of Ohio Street, Oak Street and Lakewood Avenue ISSUE: Should the Mayor and City Commissioners approve Resolution # 2000-13, vacating a portion of Ohio Street, Oak Street and Lakewood Avenue which lie within the Ocoee Middle School site? BACKGROUND: The attached map shows the location of the three road right-of-ways proposed to be vacated. All three roadways are within the Ocoee Middle School's current property boundary. The request is to vacate these rights-of-way so that Orange County Schools can complete the redevelopment of the Ocoee Middle School. Although these road rights-of-way have historically been a part of the City's roadway network, the development of the Ocoee Middle School over the years have severed these routes. Today, buildings, parking lots and play fields now lie where the roadways once existed. The rights-of-way, if vacated, would not materially affect how the school operates today. Notices of the application were mailed to all utility providers and there were no objections to the proposed vacations provided the necessary utility easements are secured. Florida Power Corporation has requested that utility rights be reserved over the portions of rights-of way being vacated that will have distribution facilities. Time Warner will require a utility easements along Lakewood Avenue to allow service and maintenance for their CAN line. Otherwise, there are no other utility objections. 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: Since the portions of Ohio Street, Oak Street and Lakewood Avenue proposed to be vacated are located within the Ocoee Middle School site and since the School Board intends to provide the point Protect Protect OLO¢¢SWLf¢l Resources �. / 4- The Honorable Mayor and City Commissioners September 12,2000 Page 2 necessary infrastructure to serve their site, the City will never need to pave these roadways or to expand water and sewer facilities within these rights-of-way. Therefore, staff believes that the vacation of the three road rights-of-way would not be a detriment to the City provided the necessary utility easements are provided. RECOMMENDATION: Staff respectfully recommends that the Mayor and City Commissioners approve Resolution # 200- 13, vacating portions of Ohio Street, Oak Street and Lakewood Avenue which lie within the Ocoee Middle School site. Attachments: Site Location Map Copy of Public Hearing Advertisement Resolution#2000-13 oicalexandenall_datalcapdfile\staff reportst2000ccsrtsr00066.doc PoW FrOfPAI Ocoee s Wet¢r Resources 1:,' Location Map CITY OF OCOEE, FLORIDA OHIO STREET, LAKEWOOD AVENUE, & OAK STREET RIGHT-OF-WAY VACATION CASE NUMBER VAC-�OO-002 _.I►,�;Q Mali aa:;. I.�iu1= - -�ILl o.■ Lai 4 PM il I !!! 17; 9 ,.III U EMMA Mai gli IA MIN --r-VE:77--lit iris mo y .41_4 Eng „ L•1 icipal •• plex I rj) J ■:~jam► BB {, ..„-- E:=. IIt C F IIUIER. z.,----- (?,a i \i l + II�IE�IY�i 0.7...— H 71 I airfi i 1. Starke Lake 0. • / Street;',.,,.......,,,,..,. • ii��'ak •Rights-of-Ways be ig ;i•• 0 , Ocoee E ement- — p•�•••ede „ Sc ool ,•O ��' I\\M IN --- i 1 I 1 I I 1 - 1 \ at P I _ -- _1 1 A 1711 7-1Entiliallii s II siZILIIME 2 1 ---r—T�— I t_ \ I i®= == cc IiI& TiTiIVIIII _- o N LEGEND N CITY LIMITS \Ocoee CITY PROPERTY W '� E f I J x'" L ` ROW TO BE VACATED � g._ ter. O •• S f. �`.. ' � COUNTY PROPERTY -0 o! GOOQ I PUBLIC 1 I NOTICES_ ---- CITYBF OCEAE NOTICE OF PUBLICDR 'SEARING TO CONSIDER ABANDONMENT ANONENTION AND OF ANO VACATION OFA PORTIONIHT- F-BOAC flIGHi�OFWAY NOTICE IS HEREBY GIVEN pursuant o Section 153.13101 olol Allele rl of the code ol the Gny of Uc on Sep- tember 19. 2000 at 715'y m. o merealler practical,rIhe soon • CITY COMMISSION hold a PUBLIC HEARING at a regular[noon at Ihe Commission Oh embes Ocoee • (• Florida to conLakeshore r Doge. lion Med b Orange County Public • mols for eia abandonment and vaca- tion of three separate righlsol-way lo- cated in the Oily of Oacee. The three separate righls-ol-way pro. posed 810 as rdows abandon Sheet A 60m and Selol wide pubic ryhl ol way beorinil g al the • slm or-of-way line 0 running I to Ise western ngwof' Ave- nue no of Lakewood Avenue;21 Oak way• eet-A 60 fool wide public rrgv c1. way beginning al the eastern right-oh way of Blarord Avenuerunning east o the era ghlof'wely y0 ykneoNodheal Lake- slaore Ori e;31 Lakewood Avenue 4-A the fool wide nptnbl.w�ne cI Lol a t etle Street aolheto nt oolong ne northern right-pi-way line ol East Oela. ware Skeet allarab m Sesbm 17. Township 22 Soe h,Range 2b East.0'- ange County.Florida The complete case Ile. L legal nl the cattdmaysadond ade ' be in- spaded at the Ocoee Oepx- -nnl. ISO Nonh Lakesaore Owe,be- m.n the hours clB.0Oam.and sW • Monday through Friday,except le- gal holidays. The CIIy Commisslon may s n pubro hearing to other dales and limes m 5 they dee n ssaryl sled parties shall be ada that In limes,and places of any co meai nud public hear n0e59mll this n ounll bet announced during the hearing and mates nne regarding In se notices manors will be pr°hhened. pdmea y appear al Ihe Interestedand be heard with reaped the meeting and Any person who desires appeal any decson de durig Ixpblic hearing mayneed to ensure a t a dihicidInr 1d made n testimonyand evldence upon which the ..appeal is based Personswith pa ne he ' lcte any the proceedings houldro theil e 46.hours in advance ol the meeting al Olca9BS31D JEAN GRAFTON. CIO(CLERK, CITY OF OCOEE • September s 2X0 0L6329639Jr SEPT ,2Wn t 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. 2000- 13 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING; A 60 FOOT WIDE PUBLIC RIGHT-OF-WAY KNOWN AS OHIO STREET, BEGINNING AT THE EASTERN RIGHT-OF-WAY LINE OF BLUFORD AVENUE RUNNING EAST TO THE WESTERN RIGHT-OF-WAY LINE OF LAKEWOOD AVENUE, A 60 FOOT WIDE PUBLIC RIGHT- OF-WAY KNOWN AS OAK SREEET, BEGINNING AT THE EASTERN RIGHT-OF-WAY LINE OF BLUFORD AVENUE RUNNING EAST TO 50 FEET WEST OF THE WESTERN RIGHT-OF-WAY LINE OF NORTH LAKESHORE DRIVE, AND A 60 FOOT WIDE RIGHT-OF-WAY, KNOWN AS LAKEWOOD AVENUE, BEGINNING AT THE SOUTHERN RIGHT-OF-WAY LINE OF LAFAYETTE STREET AND RUNNING SOUTH TO THE NORTHERN RIGHT-OF-WAY LINE OF EAST DELAWARE STREET, ALL LOCATED IN SECTION 17, 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 EFFECTIVE DATE. 006.119229.2 WHEREAS, the City Commission of the City of Ocoee desires to abandon and vacate a 60 foot wide public right-of-way known as Ohio Street, beginning at the eastern right-of-way line of Bluford Avenue running east to the western right-of-way line of Lakewood Avenue; a 60 foot wide public right-of-way known as Oak Street, beginning at the eastern right-of-way line of Bluford Avenue running east to approximately 50 feet west of the western right-of-way line of North Lakeshore Drive; and a 60 foot wide right-of-way known as Lakewood Avenue, beginning at the southern right-of-way line of Lafayette Street and running south to the northern right-of-way line of East Delaware Street; all located in Section 17, Township 22 South, Range 28 East, Orange County, Florida and as more particularly described in the attached Exhibit A (the "Roadways"); and WHEREAS, the City Commission of the City of Ocoee desires to reserve a public utility easement over, under and/or upon the Roadways in connection with existing or future utility facilities as well as the right of ingress and egress in, over, under and/or upon the Roadways 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 Roadways; 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 -2-006.119229.2 to owners of real property abutting the Roadways and all owners of the property within three hundred (300) feet in all directions of the Roadways; 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 Roadways; 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 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 60 foot wide public right-of-way known as Ohio Street, beginning at the eastern 006.119229.2 -3- right-of-way line of Bluford Avenue running east to the western right-of-way line of Lakewood Avenue, the 60 foot wide public right-of-way known as Oak Street, beginning at the eastern right-of-way line of Bluford Avenue running east to 50 feet west of the western right-of-way line of North Lakeshore Drive, and the 60 foot wide right-of-way known as Lakewood Avenue, beginning at the southern right-of-way line of Lafayette Street and running south to the northern right-of-way line of East Delaware Street, all located in Section 17, Township 22 South, Range 28 East, Orange County, Florida and as more particularly described in the attached Exhibit A (the " Roadways"). SECTION 3. Reservation of Public Utility Easement. The City of Ocoee hereby reserves a public utility easement over, under and/or upon the Roadways in connection with any existing or future utility extensions that may be located in the Roadways and any other utilities which may now or hereafter be located in, over under and/or upon the Roadways; 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 Roadways 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 Roadways. 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 -4- 006.119229.2 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. FOLEY & LARDNER By: City Attorney 006.119229.2 -5- Exhibit A Legal Description Lot 1, Block 4 and Lot 79, Block 3, TOWN OF OCOEE, according to the plat thereof as recordedtin Plat Book A, Page 100, Public Records of Orange County, Florida. and Lots 1 through 25, Block A, MARION PARK, according to the plat thereof as recorded in Plot Book L, Page 48, Public Records of Orange County, Florida. and Tract No. 1: Begin at the Southwest corner of Section 17, Township 22 South. Range 28 East, run North 211.75 feet, thence North 86 degrees 45 minutes East 407 feet, thence South 7.5 feet, thence North 88 degrees East 705 feet, thence South 35 degrees 30 minutes East 309.8 feet to South line of said Section 17, thence west along South line of sold Section 17, a distance of 1291. feet to Point of Beginning, and Tract No. 2: Begin 211.75 feet North of Southwest corner of Section 17, Township 22 South, Range 28 East, run North 86 degrees 45 minutes East 407 feet, thence South 7.5 feet. thence North 88 degrees East 555 feet, thence North 40 degrees 24 minutes West 316.27 feet to the South line of Block E of Marion Park according to plot recorded in Plot Book L, Page 48, Public Records of Orange County, Florida, thence South 89 degrees 31 minutes West 755.9 feet along the South line of said Block E of Marion Pork aforesaid, to the West line of said Section 17, thence South 270.05 feet to the Point of Beginning. CONTAINING 19.586 ACRES MORE OR LESS OVERALL