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HomeMy WebLinkAboutItem 09 Approval of 1 Taylor Street Right of Way Vacation City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: October 1, 2024 Item #: 9 Contact Name: Brett McFarlane Department Director: Ginger Corless Contact Number: Ext. 7145 City Manager: Craig Shadrix Subject: Approval of 1 Taylor Street Right of Way Vacation; Project No. VAC-24- 36. (Concurrency & Commitment Coordinator McFarlane) Background Summary: The special area of the right of way (ROW) is located in Commission District 3 and runs in an East-West direction between 1 Taylor Street (parcel ID # 18-22-28-0000-00-049) and a parcel identified as E. Oakland Avenue (parcel ID #17-22-28-6144-01-091). The request is to vacate and abandon approximately 5,000 square feet of unimproved public ROW. The City does not have plans to use this portion of ROW as a public street. No objections were received from all applicable utility companies. The Orange County Property Appraiser’s Office reviewed the area to be vacated along with the legal description and has no objections. It has stated that no other entities are entitled to the proposed area to be vacated. Issue: Should the Honorable Mayor and City Commissioners adopt a resolution abandoning and vacating the unimproved public right of way located north of 1 Taylor Street? Recommendations: Staff recommends that the Honorable Mayor and City Commissioners approve a resolution abandoning and vacating the unimproved public right of way located north of 1 Taylor Street. Attachments: 1. Resolution 2. Location Map 3. Application 4. Advertisement Financial Impacts: N/A Type of Item: Public Hearing 1 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING AN UNIMPROVED PUBLIC RIGHT OF WAY NORTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LYING SOUTHERLY OF THE SOUTHERLY LINE OF LOTS 8 AND 9, BLOCK 1, AS SHOWN ON THE PLAT OF MAP OF OCOEE, AS RECORDED IN PLAT BOOK A, PAGES 100 AND 101, AND AS ALSO SHOWN IN THE PLAT OF SIMS SUBDIVISION OF OCOEE, AS RECORDED IN PLAT BOOK F, PAGE 126, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; LYING EASTERLY OF TAYLOR STREET; AND LYING WESTERLY OF THE RAILROAD RIGHT OF WAY. 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 special area of right of way running in an East-West direction that lies easterly of Taylor Street and westerly of the Railroad right of way as depicted on the Plat of Map of Ocoee, Plat Book A, Pages 100 and 101, and as also shown in the Plat of Sims Subdivision of Ocoee, Plat Book F, Page 126, of the Public Records of Orange County, Florida; and a legal description of such to be abandoned and vacated is attached hereto as Exhibit “A” and by this reference made a part hereof (the “Right of Way”); and WHEREAS, the applicant has complied with the provisions of Section 153-10 of the Code of Ordinances 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 Ordinances 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 Right of Way and all owners of the property within three hundred (300) feet in all directions of the Right of Way; and 2 WHEREAS, pursuant to Section 153-13(D)(2) of the Code of Ordinances 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 Right of Way; 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 Ordinances 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 Ordinances of the City of Ocoee. SECTION 2. Abandonment and Vacation of the Right of Way. The City Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to the portion of Right of Way. SECTION 3. 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 4. 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 5. Effective Date. This Resolution shall become effective upon passage and adoption. PASSED AND ADOPTED this day of , 2024. ATTEST: Melanie Sibbitt, City Clerk (SEAL) APPROVED: CITY OF OCOEE, FLORIDA , Rusty Johnson, Mayor ADVERTISED , 2024 READ FIRST TIME AND ADOPTED , 2024 UNDER AGENDA ITEM NO. . A-1 EXHIBIT “A” (the “Right of Way”) THAT PART OF THE NORTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LYING SOUTHERLY OF THE SOUTHERLY LINE OF LOTS 8 AND 9, BLOCK 1, AS SHOWN ON THE PLAT OF MAP OF OCOEE, AS RECORDED IN PLAT BOOK A, PAGES 100 AND 101, AND AS ALSO SHOWN IN THE PLAT OF SIMS SUBDIVISION OF OCOEE, AS RECORDED IN PLAT BOOK F, PAGE 126, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; LYING EASTERLY OF TAYLOR STREET; AND LYING WESTERLY OF THE RAILROAD RIGHT OF WAY. 1 Taylor St ROW VacateLocation Map I W McKey St W McKey St T a ylo r S t W Oakland Ave W Oakland Ave S Kissimmee Ave West Orange Times c/o Business Observer 1970 Main Street 3rd Floor Sarasota, FL 34236 , 941-906-9386 x322INVOICE Legal Advertising Attention: If you are a government agency and you believe that you qualify for a 15% discount to the second insertion of your notice per F.S. revision 50.061, please inform Kristen Boothroyd directly at 941-906-9386 x323. 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