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Home My WebLink AboutVI( B) Resolution No. 2002-11, Vacation of an Ingress-Egress Easement on Lot 18 Sawmill Phase I Agenda 7-16-2002 Ma or �e Center of Good L� Item VI B Lyor .41e. Commissioners S. Scott Vandergrift , ,., . [ Danny Howell, District 1 Scott Anderson,Anderson, District 2 City Managerk CORE Rusty Johnson, District 3 Jim Gleason """" "` Nancy J. Parker, District 4 TAFF REPOR DATE: July 16, 2002 TO: The Honorable Mayor and City Commissioners FROM: Dennis R. Foltz, AICP, Principal Transportation Planner DT THROUGH: Russell B. Wagner,AICP, Director of Planning ] SUBJECT: Resolution No. 2002-11 f Request to Vacate a City Easement on Lot 18- Sawmill Phase I (Johnson) ISSUE: Should the Mayor and City Commissioners approve Resolution No. 2002-11, abandoning and vacating a platted ingress-egress easement to Tract "G" (drainage tract owned by the City of Ocoee) generally described as all but the westerly 100 feet of Lot 18, Sawmill Phase I, according to the plat thereof as recorded in Plat Book 23, pages 32, 33 34 and 35 of the public records of Orange County, Florida. BACKGROUND: The attached map shows the location of the easement proposed to be vacated. The applicant, Dorothy Johnson is proposing the vacation of this easement to enjoy full usage of the subject property. At the time of platting of Sawmill Phase I, the City placed the subject easement over a portion of Lot 18 to provide access to Tract "G", a retention pond owned and maintained by the City of Ocoee. Access to Tract"G" is also available directly from Timber Trail, adjacent to the subject easement. The applicant secured approval (see attached minutes) from the Sawmill Homeowners Association, Inc., for the vacation of the easement. 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 to vacating the easement. 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 July 4, 2002 Orlando Sentinel (see attached). The City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761 phone:(407)905-3100•fax:(407)656-8504•www.ci.ocoee.fl.us �(� Page 2, Mayor and City Commission Vacation of Easement,Lot 18,Sawmill Phase I(Johnson) July 16,2002 DISCUSSION: The easement affects the eastern two-thirds of the applicant's property. As noted, the subject easement is not necessary for access to the City's Tract"G", since access is available directly from Timber Trail. Since the City has no future need for this easement and there are no other objections, there do not appear to be any negative ramifications to the requested action. Vacation of the easement would allow the full use and enjoyment of the residential parcel by the property's owner. RECOMMENDATION: Staff respectfully recommends that the Mayor and City Commissioners approve Resolution No. 2002-11, abandoning and vacating a platted ingress-egress easement to Tract "G" (drainage tract owned by the City of Ocoee) generally described as all but the westerly 100 feet of Lot 18, Sawmill Phase I, according to the plat thereof as recorded in Plat Book 23, pages 32, 33 34 and 35 of the public records of Orange County, Florida. Attachments: Site Location Map Sawmill Homeowners Association, Inc. May 16,2002 minutes Copy of Public Hearing Advertisement Resolution#2002-11 o:\dfoltz\projects\rowvacations\johnson\ccvacationsr.doc POVVIT" Protect Ocoee's Water Resources r r VACATION OF EASEMENT LOT 18 SAWMILL CASE NO: VAC-02-002 I I J 0 HNSON PROPERTY TRACT"G" 111 .11111111 ..r. to I.M a ii ... ,..___ ii - 11111111-11111111a0 01111111 N Legend: ,1_ W ;'. E -ir - SUBJECT EASEMENT "' ' a �' ° REMAINDER OF LOT 18 kala:��ch 30)feet �, t00 o too zoo 300 40 F �'w000>'� Printed' June 2002 Ocoee Planning Department 05/31/2002 00:57 407-299-3031 PAGE 02 SAWMILL HOMEOWNERS ASSOCIATION, INC. BOARD OF DIRECTORS' MEETING ti MAY 16, 2002 7:00 P.M. MINUTES Sawmill Homeowners Association held a Board of Director's Meeting on Thursday,May 16, 2002. Members in attendance were Ty Fischer and Joel Keller. Nancy Parker attended from the City/Community along with Mr. Johnson and Linda Cusimano represented Attwood-Phillips. President Joel Keller called the meeting to order at 7:00 p.m. Joel opened the floor to community participation. Nancy updated everyone on what was going on in the city. The wall will be rebuilt and the plans are in the working stages at this time. Mr. Johnson of 6826 Mill Stream discussed his request for the vacation of easement on his lot. His plans are to fence the area to discourage trespassers and to eventually build 2 homes on the lot. Joel motioned to permit the vacation of the easement, Ty seconded and the motion carried. In order to subdivide the lot, permission would have to be granted by the homeowners association and the city agreed that they would not give permits unless approval was given to subdivide by the Sawmill Board of Directors. Joel motioned to approve the Minutes of January 17, 2002, Ty seconded and the motion carried. Linda gave the financial report for the period ending April 30, 2002. Linda read the Management Report. The habitual violators will be sent to the attorney. Joel motioned to adjourn at 8:00 p.m., Ty seconded and the motion carried. Orlando Sendnel THURSDAY,JULY 4, 2002 CITY OF OCOEE ' I NOTICE OF PUBLIC HEARING TO CONSIDER I VACATION OF AN INGRESS-EGRESS EASEMENT 1 CASE NO.VAC-02-002:LOT 18,SAWMILL PHASE I NOTICE IS HEREBY GIVEN pursuant to Sections 166.041 . and 171.044, Florida Statutes,and Sections 1-10 and 5-9, Ocoee Land Development Code,that on Tuesday,July 16 at 7:15 p.m.,or as soon thereafter as practical,the Ocoee City Commission will hold a Public Hearing at the City Commis- sion Chambers,150 North Lakeshore Drive,Ocoee,Florida to consider adoption of the following Resolution: RESOLUTION NO.2002-11 A RESOLUTION OF THE CITY OF OCOEE,FLORIDA,ABANDONING AND VACATING A PLATTED INGRESS-EGRESS EASEMENT TO TRACT"G" (DRAINAGE TRACT OWNED BY THE CITY OF OCOEE)LOCATED ON LOT 18,SAWMILL PHASE I GENERALLY DESCRIBED AS ALL BUT THE WEST- ERLY 100 FEET OF LOT 18,SAWMILL PHASE I,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23,PAGES 32,33,34 AND 35,OF THE PUBLIC RECORDS OF ORANGE COUNTY,FLORIDA;PROVID- ING FOR THE RESERVATION OF A PUBLIC UTILITY EASEMENT;PROVID- ING FOR RECORDATION;PROVIDING FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE. The map shows the area proposed to be vacated: VACATION OF EASEMENT LOT 18 SAWMILL CASE NO:VAC-02-002 JOHNSON PROPEFITY coeur a• / 1iTiL11 . —TP wuY ..L 1 1 '. t ( ---L,--_-_- II i _J .1 ........ r. -�-1- ti -- PI-=\=3 ' I:: i-, c1111 N {.� Legend: AJ 4._Y ® EV/.ECT...strawW F. ®1111./..Of Lor le ...Y \ f \t The City Commission may continue the public hearing to other dates and times as desires.Any interested party shall be advised that the dates,times,and places of any continu- ation of this or continued public hearings shall be an- nounced during the hearing and that no further notices re- garding these matters will be published. A copy of the proposed Resolution,including a complete le- gal description by metes and bounds,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.,Mon- day through Friday,except legal holidays. Interested par- ties may appear at the meeting and be heard with respect to the proposed Resolution.Any person who desires to ap- peal any decision made during the public hearing will need a record of the proceeding and for this purpose 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 assis- tance to participate in any of the proceedings should con- tact the City Clerk's Office 48 hours in advance of the meet- ing at(407)905-3105. JEAN GRAFTON, CITY CLERK; CITY OF OCOE COR4544831 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 Parcel Identification Number: 03-22-28-7821-00-180 RESOLUTION NO. 2002— 11 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING A PLATTED INGRESS- EGRESS EASEMENT TO TRACT "G" (DRAINAGE TRACT OWNED BY THE CITY OF OCEE) LOCATED ON LOT 18, SAWMILL PHASE I GENERALLY DESCRIBED AS ALL BUT THE WESTERLY 100 FEET OF LOT 18, SAWMILL PHASE I, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGES 32, 33, 34 AND 35, 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 that certain ingress-egress easement to Tract "G", located on Lot 18, Sawmill Phase I, recorded in Plat Book 23, pages 32, 33, 34 and 35, of the Public Records of Orange County, Florida (the "Property"; and 006.119229.2 WHEREAS, the City Commission desires that the 10' utility easement along the lot lines of Lot 18 adjacent to the road right of way as established pursuant to General Note 15 on the Plat of Sawmill Phase I recorded in Plat Book 23, Pages 32, 33, 34 and 35, of the Public Records of Orange County, Florida shall remain as an encumbrance on the Property; 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 Property and all owners of property within three hundred (300) feet in all directions of the Property; 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 Property; and WHEREAS, the City Commission of the City of Ocoee finds that said application and supporting documents are in accordance with the requirements of 006.119229.2 -2- 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 Easement. The City Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to that certain ingress-egress easement to Tract "G" over a portion of Lot 18, Sawmill Phase I according to the Plat thereof as recorded in Plat Book 23, pages 32, 33, 34 and 35, of the public records of Orange County, Florida. SECTION 3. Reservation of Public Utility Easement. Nothing herein shall be construed as vacating the 10' utility easement along the lot lines of Lot 18 adjacent to the road right of way as established pursuant to General Note 15 on the Plat of Sawmill Phase I recorded in Plat Book 23, Pages 32, 33, 34 and 35 of the Public Records of Orange County, Florida. 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 006.119229.2 -3- 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 , 2002. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED ,2002 READ FIRST TIME AND ADOPTED , 2002 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2002. FOLEY & LARDNER By: City Attorney 006.119229.2 -4-