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HomeMy WebLinkAboutVI(B) Resolution No. 2001-08, Mercantile Court Right-Of-Way Vacation, Case No VAC-01-001 Agenda 6-19-2001 Item VI B "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERGRIFT & CITY OF O C O E E COMMISSIONERS ,• trt1 ).41? o DANNY HOWELL a 150 N.LAKESHORE DRIVE SCOTT ANDERSON C',,,,K,......._41,, c0 OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON v (407)905-3100 NANCY J.PARKER 41) Cp G00 CITY MANAGER JIM GLEASON STAFF REPORT DATE: June 6, 2001 TO: The Honorable Mayor and City Commissioners FROM: Dennis R. Foltz,AICP, Principal Transportation Planner THROUGH: Russ Wagner,AICP, Director of Planning 1 e SUBJECT: Resolution #2001-08- Request to Vacate a portion of Mercantile Court. ISSUE: Should the Mayor and City Commissioners approve Resolution # 2001-08, vacating the property generally described as the southern 30±feet of the cul-de-sac portion of public right-of way-on the street known as Mercantile Court and located in the northern portion of Lot 1 Ocoee Commercial Park as recorded in Plat Book 26, Pages 135 & 136 of the Public Records of Orange County, Florida. BACKGROUND: The attached map shows the location of the right-of-way proposed to be vacated. The City of Ocoee is proposing the vacation of this right-of-way to accommodate the construction of a retention pond to receive drainage from the Maguire Road widening project. 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 June 7, 2001 Orlando Sentinel (see attached). DISCUSSION: The portion of right-of-way in question is bounded by the applicant's property to the south, east and west and by the remainder of the cul-de-sac on the north. The remainder of the cul-de-sac is currently paved and will continue to serve other properties to the north and west. The portion requested for vacation has no underlying utilities. Since the City has no future plans for this right-of-way and is requesting the right-of-way vacation to provide for the construction of Maguire Road, staff believes that the vacation of this portion of right of-way would be beneficial to the City. Pow1 \ A Protect Ocoee's Water Resources ;` 01- • Page 2 The Honorable Mayor and City Commissioners June 6, 2002 RECOMMENDATION: Staff respectfully recommends that the Mayor and City.Commissioners approve Resolution #2001- 08, vacating the property generally described as the southern 30± feet of the cul-de-sac portion of public right-of-way of the street known as Mercantile Court, located in the northern portion of Lot 1 Ocoee Commercial Park, 'according to the Plat thereof as'recorded in Plat Book 26, pages '135 & 156, 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#2001-08 O:\CALEXANDERWLL DATA\CAPDFILE\Staff Reports\SR2001\SR01030 CC.doc PO , Protect Ocoee'sWater ReSrlirces.(:.) Copy of Public Hearing Advertisement Date Published Orlando Senligel. . THURSDAY, JUNE 7,2001 __ Advertisement 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 Tuesday,June 19,2001 at 7:15 p.m.,or as soon thereafter as prac- tical,the OCOEE CITY COMMIS- SION will hold a PUBLIC HEAR- ING at a regular session at the • Commission Chambers,Ocoee City Hall, 150 North Lakeshore Drive, Ocoee,Florida,to consider the ap- plication filed by the City of Ocoee 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 portion of Lot 1,Ocoee Commercial Park. Commence at the northwest corner of said Lot 1, thence north 890 23'19'east a distance of 80.4 feet to point of beginning,thence continue north 890 23'19'along said line o distance of 103.92 feet,thence west- erly along the arc of a non tangent curve,being concave to the north, on arc distance of 135.6 feet to the point of beginning. 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 le- gal 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 contin- ued public hearings shall be an- nounced during the hearing and that no further notices regarding .these matters will be published. Interested parties may appear at the public hearing and be heard with respect to the application.Any person who desires to appeal any decision made during the public hearing will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings 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 con- tact the City Clerk's Office 48 hours in advance of the meeting at 407 905-3105. . 0LSL3925389 June 7,2001 Location CITY OF OCOEE, FLORIDA MERCANTILE COURT RIGHT-OF-WAY VACATION le • S.R. 50 LEGEND CITY LIMITS F7CITY JURISDICTION . SUBJECT VACATION COUNTY JURISDICTION N v� 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. 2001 - 08 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING PUBLIC RIGHT OF WAY TO LOT 1, OCOEE COMMERCIAL PARK GENERALLY DESCRIBED AS THE SOUTHERN THIRTY (30)± FEET OF THE CUL-DE-SAC PORTION OF PUBLIC RIGHT OF WAY ON THE STREET KNOWN AS MERCANTILE COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 26, PAGES 135 & 136, 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 a portion of public right of way to Lot 1, Ocoee Commercial Park according to the Plat thereof as recorded in Plat Book 26, pages 135 & 156, of the public records of Orange County, Florida; and 006.119229.2 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 (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. -2-006.119229.2 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 a portion of Lot 1, Ocoee Commercial Park according to the Plat thereof as recorded in Plat Book 26, pages 135 & 156, of the public records of Orange County, Florida as more specifically described in Exhibit"A" attached. 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. 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 -3- 006.119229.2 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 ,2001. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift,Mayor (SEAL) ADVERTISED ,2001 READ FIRST TIME AND ADOPTED , 2001 UNDER AGENDA ITEM NO. • FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of ,2001. FOLEY & LARDNER By: City Attorney • O:\CALEXANDER\ALL DATA\CAPDFILE\FORMS\2001 FORMS\FORMS01033.doc 006.119229.2 -4- 1 . LEGAL DESCRIPTION A•PORTION OF LOT 1, OCOEE COMMERCIAL PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 26, PAGE 135 & 136 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING MORE • PARTICULARLY DESCRIBED AS FOLLOWS: I— Z COMMENCE AT THE.NORTHWEST CORNER OF SAID LOT 1, OCOEE COMMERCIAL PARK. THENCE NORTH 89'23'19" LI W EAST ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 8.04 FEET TO THE POINT OF BEGINNING; THENCE Lu z CONTINUE NORTH 89'23'19" EAST ALONG SAID LINE A DISTANCE OF 103.92 FEET TO A POINT ON THE ARC OF U Ct A NON—TANGENT CURVE (RADIAL LINE THROUGH SAID POINT BEARS SOUTH 60'36'41" EAST); THENCE WESTERLY LuOU r- ALONG THE ARC OF SAID NON—TANGENT CURVE, BEING CONCAVE TO THE NORTH, HAVING A RADIUS OF 60.00 l_F— FEET, A CENTRAL ANGLE OF 120'00'00", AN ARC DISTANCE OF 125.66 FEET TO THE POINT OF BEGINNING. O O CONTAINING 221 1 SQUARE FEET, MORE OR LESS U J 2 S Z o MERCANTILE COUR rit. F�oo R-25.00 60.0' R/W 4,,lic, . 9239'13'' POINT BEGINNINOF G \ • L=40.43' 1 N 89'23'19" E 103.92' NORTH LINE LOT 1 —� 61.38' R=490.87' 5.0' LANDSCAPE EASEMENT 13'15'40" L=113.61' t R=6 0.00' R=377.96' W o=120'00'00" L=100.57' cn L=125.66' M Q ;V M co0 co.Z N .^ Ct 3 L O T 1 r-to g OCOEE COMMERCIAL PARK 10,„ _ Zimmi PLAT BOOK 26, PAGE 135 & 136 • o r�^^ CO 1" = 20 ' V GRAPHIC SCALE Q 0 10 0 40 _ N 89'56'43" W 314.24' ABBREVIATIONS L = LENGTH = CENTRAL ANGLE R = RADIUS TOWNE SQUARE SHOPPING CENTER R/W = RIGHT OF WAY PLAT BOOK 17, PAGE 10 SURVEYORS NOTES: 1. Bearings shown hereon are based on the South Right of Way line of Mercantile Court, being North 89'23'19'. East. Dote: CERT. NO. LB2108 45800069 Legal Description Feb. 06, 2001 MR �. ,�, at-, .,..r.. FOR Job No.: Scale: <A. ?%',''�;•.,-P '':'.�.': .i. 45800069 1" = 20' 4-r,-_: ,..r-�'a�,it,►a� . �r� A 7,r ENO. Professional Engineering SOUTHEASTERN SURVEYING do MAPPING CORP. Consultants, Inc. CH. 61G17-6, Florida Administrative 324 N. Orlando Avenue Code requires that a legal description Maitland, Florida 32751 drawing bear the notation that 407/647-8898 THIS IS NOT A SURVEY. S Kct;...a-t GARY . KRICK REGISTERED LAND SURVEYOR NO. 4245 EXHIBIT "A"