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Home My WebLink AboutVI (B) Resolution No. 2000-17, Vacating a Portion of Division Avenue Right-of-Way, Case No. VAC-00-004 Agenda 12-19-2000 Item VI B "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S.SCOTT VANDERGRIFT Ocoee COMMISSIONERS O\/ 2-• CITY OF OCOEE DANNY HOWELL SCOTT ANDERSON ►,� — 150 N. LAKESHORE DRIVEv OCOEE, FLORIDA34761-2258 RUSTY JOHNSON O NANCY J.PARKER n, � (407)656-2322 Cir MANAGER 91Of G000 ELLIS SHAPIRO STAFF REPORT DATE: December 6, 2000 TO: The Honorable Mayor and City Commissioners FROM: Brad Friel,AICP, Principal Transportation Planner SC- SUBJECT: Resolution #2000-17-Request to Vacate a portion of Division Avenue ISSUE: Should the Mayor and City Commissioners approve Resolution # 2000-17, vacating a 60 foot wide unimproved public right-of-way known as Division Avenue, located west of Lot 1 Westover Farms and east of Lot 7 Westover Farms as recorded in Plat Book 0, Page 120 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. Health Central has requested the vacation of this right-of-way so that it may be incorporated into their parking lot expansion. The right-of-way, if abandoned by the City, would create a larger contiguous property, allowing for a more efficient parking lot design and vehicle circulation. 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 December 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, east and west. Currently, the right-of-way is in a natural condition 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 existing water or sewer lines into this right-of-way. v ✓ POW The Honorable Mayor and City Commissioners December 6,2000 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, 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- 17, vacating a 60 foot wide unimproved public right-of-way known as Division Avenue, located west of Lot 1 Westover Farms and east of Lot 7 Westover Farms as recorded in Plat Book 0, Page 120 of the Public Records of Orange County, Florida. Subject to the reservation of a public utility easement over the vacated roadway. Attachments: Site Location Map Copy of Public Hearing Advertisement Resolution#2000-17 o:\calexanderlall_data\capdfiletstaff reports\2000ccsnsr00088.doc POINT' Location Map CITY OF OCOEE, FLORIDA DIVISION AVENUE RIGHT-OF-WAY VACATION CASE# VAC-00-004 .. A , J ErilI. �; Area to be - .O ► n � upll ,' Health Cent!! IA I I i l,l� \ Hospital �s int i i. Winteriiiiii 0 �' i u 7 MIME tent/ mingla bi ��i 111111111 - _ -J N LEGEND E Oc•. s N CITY LIMITS I °^ [ CITY PROPERTY W 7r E El l 'n o SUBJECT PROPERTY S COUNTY PROPERTY I' CITY OF OCOEE NOTICE OF PUBLIC HEARING TO CONSIDER AN APPLICATION FOR ABANDONMENT AND VACATION OF A PORTION OF ROAD RIGHT-OF-WAY NOTICE IS HEREBY GIVEN pursuant to Section 153-13 (D) of Article II of the Code of the City of Ocoee, that on December 19, 2000 at 7:15 p.m., or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at a regular session at the Commission Chambers, Ocoee City Hall, 150 North Lakeshore Drive, Ocoee, Florida, to consider the application filed by Health Central, for the abandonment and vacation of a certain right-of-way located in the City of Ocoee. The right-of-way proposed to be abandoned and vacated is a 60 foot wide unimproved public right-of-way known as Division Avenue, located west of Lot 1 Westover Farms and east of Lot 7 Westover Farms as recorded in Plat Book 0, Page 120 of the Public Records of Orange County, Florida. The complete case file, including a legal description of the right-of-way to be abandoned and vacated, may be inspected at the Ocoee Planning Department, 150 North Lakeshore Drive, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. The City Commission may continue the public hearing to other dates and times as they deem necessary. Interested parties shall be advised that the dates, times, and places of any continuation of this or continued public hearings shall be announced during the hearing and that no further notices regarding these matters will be published. Interested parties may appear at the meeting and be heard with respect to the application. Any person who desires to appeal any decision made during the public hearing may need to ensure that a verbatim record of the proceeding is made which includes the testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of the proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 905-3100. JEAN GRAFTON, CITY CLERK, CITY OF OCOEE December 7, 2000 THIS INSTRUMENT PREPARED BY: Scott A. Cookson, Esq. FOLEY & LARDNER III 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 - 17 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING AN UNIMPROVED 60 FOOT WIDE PUBLIC RIGHT-OF-WAY KNOWN AS DIVISION AVENUE, WEST OF LOT 1 WESTOVER FARMS AND EAST OF LOT 7 WESTOVER FARMS AS RECORDED IN PLAT BOOK 0, PAGE 120 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 60 foot wide unimproved public right-of-way west of Lot 1 Westover Farms and east of Lot 7 Westover Farms as recorded in Plat Book 0, Page 120 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 153-13(D)(2) of the Code of the City of Ocoee, a Notice of Public Hearing was published one (I) 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. -2- 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 unimproved public right-of-way west of Lot 1 Westover Farms and east of Lot 7 Westover Farms as recorded in Plat Book 0, Page 120 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. 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. -3- 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 ,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 -4- Received: 6/l3/00 2:44PM; 407 422 6915 -> IVEY HARRIS WALLS; Page 3 06/13/00 ITT 1J:24 FAX 407 422 6915 TIBR[.EPdLIG9 •+» IVEY HdRRIS Z003/00: ATTACHMENT 'A' SKETCH OF DESCRIPTION -- NOT A SURVEY -- • Exhibit A NB9•45'06-E NB9'54'40'E 3D.00 - 30.00' Ct LOT 1 LOT 7 WESTOVER FARMS (D WESTOVER FARMS P.B. "0", PG. 120 w ` P.S. "0", PG. 120 ten, •w xm bn z bay 2 w N QI Z 0 VI C OI NII CO LL 'C W Z 0 sea4s'oo1v 60 0 Z 0 POINT OF BEGINNING SE JLI SE CORNER OF LOT 1 I I w CFI � o EAST LINE OF NW 1/4 Tinklepaugh OF SECTION 29 I SURVEYING SERVICES, INC. 379 W. Michigan Street, Suite 206 o Orlando. Flarlde 32605 Tele. No. (407) 422-0957 Fax No. (407) 422-6015 DRAWING Na. T00049 FILE No. X-6976 LICENSED BUSINESS No. 27713 Received: 6/13/0O 2:44PM; 407 422 6915 -- IVEY HARRIS WALLS; Page 2 06/13/00 TUE 13:24 FAX 407 422 6915 TINKLEPAUGH ... IVEY HARRIS I002/0t Sheet I See ketch of Description Included as Attachment "A" Exhibit A Continued DESCRIPTION A Tract of land lying in Section 28, and 29, Township 22 South, Range 28 East, Orange County, Florida being a portion of Division Avenue as shown on the plat of Westover Farms according to the plat thereof as recorded in Plat Book"0",Page 120 of the Public Records of Orange County, Florida and being more particularly described as follows: Begin at the Southeast comer of Lot 1 of said Westover Fauns; thence North 00' 13' 44" East along the East line of Lot 1 and the West right of way of Division Avenue for 329.77 feet; thence North 89° 45' 06" East along the North line of said plat and the Northerly limits of Division Avenue for 30.00 feet to a point on the East line of the Northeast 1/4 of Section 29; thence continue along said right of way and Northerly plat limits North 89° 54' 49" Fast for 30.00 feet;thence South 00° 13' 44" West along the East right of way of Division Avenue for 329.68 feet; thence South 89° 45' 00" West for 60.00 feet to the Southeast corner of said Lot 1 and the POINT OF BEGINNING. Contains: 0.454 Acres, more or less. Prepared by: This description and the accompanying sketch or sketches has been prepared in accordance with the Tinklepaugh Surveying Services,Inc. Standards set forth in Chapter 61 G17,F.A.C.,pursuant 379 West Michigan Street to Chapters 177 and 472,Florida Statutes.Unless it bears Suite 208 the signature and the original raised seal of a Florida Orlando,Florida 32806 licensed surveyor and mapper this drawing,sketch,plat (407)422-0957 or map is for informal' only and is not valid. • TOO-C49 F.LI N01 E, L. S.#3517 {o / ay