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Home My WebLink AboutResolution 2003-25 11111111111111111111111111111111111111111111111 ~IIIIII Nicholas N. Palmer, Esq. FOLEY & LARDNER LLP 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 INSTR 20070402252 o BK 09311 PG 1185 PGS=6 MARTHA o. HAYNIE, COMPTROLLER ORANGE COUNTY, FL 0b/20/2~07 08:59:21 AM REC FEE 52.50 ," . , . THIS INSTRUMENT PREPARED BY: AFTER RECORDING RETURN TO: o Beth Eikenberry, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 (407) 905-3100 For Recording Purposes Only RESOLUTION NO. 2003- 25 (Vacation of Right of Way Resolution for Kissimmee Avenue) A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THAT PORTION OF KISSIMMEE AVENUE, A SIXTY (60) FOOT WIDE PUBLIC RIGHT OF WAY, LYING BETWEEN TEN (10) FEET SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF SILVER STAR ROAD (S.R. 438) AND THE NORTHERLY RIGHT OF WAY LiNE OF LEE STREET SAID RIGHT OF WAY LYING AND BEING IN SECTION 18, TOWNSmp 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. WHEREAS, the City Commission of the City of Ocoee desires to abandon and vacate that portion of Kissimmee Avenue, a sixty (60) foot wide public right of way, lying between ten (10) feet south of the southerly right of way line of Silver Star Road (S.R. 438) and the northerly right of way line of Lee Street, said right of way lying and being in Section 18, Township 22 South, Range 28 East, Orange County, Florida, a legal description of such right of ORLA_317311.4 way to be abandoned and vacated is attached hereto as Exhibit "A" and by this reference made a part hereof (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 southern 25' of 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 southern 25' of 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 ORLA_317311.4 -2- 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. Subject to the provision of Section 3 set forth below, the City Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to 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 southern 25' of the Roadway in connection with any existing or future utility extensions that may be located in the southern 25' of the Roadway and any other utilities which may now or hereafter be located in, over under and/or upon the southern 25' of 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 southern 25' of 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 southern 25' of the Roadway. ORLA_317311.4 -3- . . 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 independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Effective Date. This Resolution shall become effective upon annexation of the Roadway into the corporate limits of the City of Ocoee, Florida and the recording of this Resolution among the Public Records of Orange County, Florida shall evidence such annexation. PASSED AND ADOPTED this ~day of ~OO3. ORLA_317311.4 -4- ATTEST: .,1..: :~,l., ;'i'~~Jl1:'Beth Eikenberry, City Clerk ;j~~~~f!~~:"~..' c: 'I:':;'{' r: I ' .;~.. ;'-'- ,.""", 'SEAL) }~:~t'~: ~ ,;\~f::;':,i g:j . :::~)';!:";;::,'.i . .,iJ! ",<,..w..::)"" . ~ . "!l':' ,.",,1.-" .I" .'\;::'i!M;>:~~&;.~:'~' " <.~, ~i~{tJJ~;i~~,:::~\t,,:r" . r::....FOR.1JSE~'lmL)ANCE ONLY I ~ :.~ .r. ~ t ~ \..~'j ............ )_,.:1' ,;.! -. ,.n;.'.. ,~ffl""'~;' t. B.~~~CITXJjF OCOEE, FLORIDA; i~;'.it1" l" ".+:tp",. ~ .,._..,,1.'1';"- ',rJ"I'i,'"' ,~ J"i'. ;~:rR..oVl!:.'p,:AS TO FORM AND LEGALITY ~;fJfui~ l1!5i~~yvbf \ "'\ c:=.... , 2007. . r;~j{;nl.!:"'''' FOLEY & LARDNER LLP By: fJllt-l?~ Ass.~J;...City Attorney " ORLA_317311.4 APPROVED: CITY OF OCOEE, FLORIDA 5~~,~^~ S. Scott Vandergrift, Mayor ~ ADVERTISED ])Z. 4 ' 2003 READ FIRST TIME AND ADOPTED \)t..c.~W \ letn-t , 2003 UNDER AGENDA ITEM NO. \Q: 1) -5- EXHIBIT "A" (the "Roadway") A PORTION OF KISSIMMEE AVENUE LYING NORTH OF LEE STREET AND SOUTH OF SILVER STAR ROAD IN SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A FOUND 5/8" CAPPED IRON ROD LB#6615 MARKING THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY OF SILVER STAR ROAD (80'R/W) AND THE WESTERLY RIGHT-OF-WAY KISSIMMEE AVENUE (60' R/W) AS IT EXIST TODAY; THENCE RUN N88001'49''E ALONG THE SOUTHERLY RIGHT-OF- WAY OF SILVER STAR ROAD A DISTANCE OF 60.01' TO A FOUND 5/8" CAPPED IRON ROD MARKING THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SILVER STAR ROAD AND THE EASTERLY RIGHT-OF-WAY LINE OF KISSIMMEE AVENUE AS IT EXIST TODAY; THENCE RUN SOo038'22"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 223.96 FEET TO THE CURVED WESTERLY RIGHT-OF-WAY LINE OF FLORIDA CENTRAL RAILROAD (60'R/W), SAID CURVE HAVING A RADIUS OF 1854.45 FEET (DELTA = 01047'43", CHORD DISTANCE = 58.11 FEET, CHORD BEARING = S120lO'45"W) THENCE RUN ALONG THE ARC OF SAID CURVED RIGHT-OF-WAY LINE A DISTANCE OF 58.11 FEET TO THE EASTERLY EXTENSION OF THE NORTHERLY RIGHT-OF-WAY LINE OF LEE STREET (40'R/W); THENCE RUN S89041'12"W ALONG SAID EASTERLY EXTENSION A DISTANCE OF 47.11 FEET TO A FOUND 5/8" CAPPED IRON ROD LB#6615 MARKING THE INTERSECTION OF SAID NORTHERLY RIGHT-OF-WAY LINE AND THE AFORESAID WESTERLY RIGHT -OF-WAY LINE OF KISSIMMEE AVENUE; THENCE RUN NOo038'22"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 279.18 FEET TO THE POINT OF BEGINNING. LESS: THE NORTHERN TEN (10) FEET OF THE ABOVE DESCRIBED PROPERTY. ORLA_317311.4 -6- Page 1 of2 Eikenberry, Beth From: Palmer, Nicholas [NPalmer@foley.com] Sent: Thursday, May 24,20077:31 AM To: Eikenberry, Beth Cc: Washington, Jeanne Subject: Vacation Resolution for Kissimmee Avenue Importance: High Attachments: ORLA_317311_ 4.DOC$ From the Desk of: Nicho!$t$ ~L Palmer . FOLEY FOLEY" LA'RDNER L.LP Beth, Please find attached a new version of Resolution No 2003-25, which was adopted at the December 16, 2003 CC meeting subject to the Applicant conveying a 10' strip of additional right of way land adjacent to Silver Star Road to the City. I will be recording the deed for this additional right of way at the same time that I record the plat for M.1. Ranchito, which is now ready for recording. I also need to record the attached Resolution at the same time as the plat so its recording information can be cross-indexed on the plat. Can you please have the attached document executed as soon as possible? Please let me know when it will be available for pick up and I will send a runner to come get it. Do you know if the mayor is available to sign today? Please call with any questions. Thanks, Nick Nicholas N. Palmer FOLEY I; LARDNER l.l.P Fotey &. Lil/dooT LLP Attorneys at Law U 1 North Orange Avenue $ultM 1SOO oriEtndo. FL USA 32001.2:386 : FOLEY Tel 407.244.7133 Fax 401.648Tf43 Ern!!il npalmer@foley.com Web v.'Ww. f~e .com The preceding email message maybe confidential or protected by the attorney-client privilege. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this message in error, please (i) do not read it, (ii) reply to the sender that you received the message in error, and (iii) erase or destroy the message. Legal advice contained in the preceding message is solely for the benefit 5/24/2007 Ocoee City Commission Regular Meeting December 16, 2003 storm water management and shared access. Mr. Wagner reported these items had been reviewed by the Development Review Committee and Planning and Zoning Commission with favorable recommendations after their issues had been addressed. Staff recommended adoption of Ordinance No. 2003-61, Ocoee Commons PUD Land Use Plan Amendment and Ocoee Commons PUD, Preliminary Subdivision Plan Amendment, including the proposed-new waiver for a "green wall," date stamped received by the City on November 5, 2003, subject to execution and approval of an amended Development Agreement. Second Reading of Ordinance No. 2003-61 - Land Use Amendment The public hearing was opened and, as no one wished to speak, was closed. Commissioner Johnson. seconded bv Commissioner parker. moved to adont Ordinance No. 2003-61. Ocoee Commons PUD Land Use Plan Amendment. includinl:! the new waiver for a "l:!reen wall." date stamned received bv the Citv on November 5. 2003. subiect to execution and annroval of an amended Develonment Al:!feement. Motion carried 4-0. Mayor Vandergrift was not present. Commissioner Anderson said he wanted some protection for the residents regarding the green wall and Mr. Wilt Fagan responded it would be in the Declaration. Preliminary Subdivision Plan Amendment The public hearing was opened and, as no one wished to speak, was closed. Commissioner Johnson. second~d bv Commissioner Parker. moved to annrove the Ocoee Commons PUD PreliminarY Subdivision Plan Amendment. includinl:! the new waiver for a "l:!reen wall." date stamned received bv the Citv on November 5. 2003. subiect to execution and anDfoval of an amended Develonment Al:!feement. Motion carried 4-0. Mayor Vandergrift was not present. Amendment to Development Ae:reement. (City Attorney Rosenthal) City Attorney Rosenthal pointed out this was not a public hearing, but the amendments to the Ocoee Commons PUD Land Use Plan and Preliminary Subdivision Plan just adopted require an amendment to the Development Agreement and the Proposed First Amendment to Annexation and Development Agreement contains the new Conditions of Approval and Waiver Table set forth in the Amended Land Use Plan. Mavor nro tem Anderson. seconded bv Commissioner Parker. moved to anDfove the First Amendment to Annexation and Develonment Al:!feement and authorize the execution thereof by the Mavor and Citv Clerk. Motion carried 4-0. Mayor Vandergrift was not present. t\) . \~. Resolution No. 2003-25, Kissimmee Avenue Right-of-Way Vacation - M.I. Ranchito. '14 (Community Development Director Wagner) City Attorney Rosenthal read the title only of the Resolution vacating the public road right-of- way for Kissimmee Avenue from 10 feet south of Silver Star Road to the northern right-of-way 6 Ocoee City Commission Regular Meeting December 16,2003 line of Lee Street. Community Development Director Wagner gave the staffreport, showing the location of the proposed M.I. RanchitalMunguia, Inc. shopping center on the south side of West Silver Star Road between Taylor Street and Kissimmee Avenue. Mr. Wagner recommended approval and said the owner will dedicate a 10 foot right-of-way along Silver Star Road and the deed to that was to have been delivered to the City this week. He stated, however, he was reluctant to vacate the right-of-way until he had received the deed. John Webb, Senior Project Manager, said he felt it should be done as a part of the platting process. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Johnson. seconded bvCommissioner Parker. moved to adont Resolution No. 2003-25. subiect to and conditioned unon receint of the oril!inal warrantv deed to the Silver Star 10 foot ril!ht-of-wav and the Citv beinl! in a nosition to record that deed on an unencumbered basis contemnoraneous with the execution ofthe Resolution. Motion carried 4-0. Mayor Vandergrift was not present. OTHER BUSINESS Old Winter Garden Road Widening Project: City ofOcoee v. Dolores Jansvn (Parcel 116). (Assistant City Attorney Doty) Assistant City Attorney Doty gave the staff report, advising the Offer of Judgment on Parcel 116 was $42,000, and there were additional fees and costs which she has determined to be reasonable. Commissioner Howell. seconded bv Commissioner Parker. moved to accent the Offer of Judlmlent for Parcel 116 and authorize settlement of all fees and costs issues. and authorize the Mavor and Citv Attornev to execute all sJocuments necessarY to finalize the matter. Motion carried 4-0. Mayor Vandergrift was not present. Ocoee Business Park- Project #LS-2001-007. (Community Development Director Wagner) Community Development Director Wagner gave the staff report, noting that Ocoee Business Park is an industrial/commercial subdivision containing 102.97 acres situated along the south side of Franklin Street and encompassing lands just west of the Western Beltway (S.R. 429) to land just east of Bowness Road. The overall development consists often (10) industrial parcels of various sizes and two (2) commercial parcels along the south side of Franklin Street, as well as wetland areas to be preserved on the east side of Bowness Road and on the west side of the Western Beltway. The Preliminary Subdivision Plan for Ocoee Business Park was approved on October 1, 2002. The Final Subdivision Plan - Phase I involves the southeast portion of the subdivision comprising 9.802 acres, specifically Lot 1-1 and Lot 1-2. The improvements in Phase I are: location of a retention pond at the southeast comer, construction of a lift-station at the southwest comer or the intersection of the railroad tracks and Bowness Road, and construction of approximately 2/3 of the south portion of Ocoee Business Parkway westward into the subdivision. The proposed Amendment to the Development Agreement provides that the developer will construct a lift station on the City property and convey those improvements to the City by bill of sale. 7