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Home My WebLink About27 Approval of a Resolution for the Abandonment and Vacation of a Portion of the Right of Way (ROW) for North Clarke Road; Project No. VAC-25-039 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: April 7, 2026 Item #: 27 Contact Name: Brett McFarlane Department Director: Nick Lepp Contact Number: Ext. 7145 City Manager: Craig Shadrix Subject: Approval of Resolution for the Abandonment and Vacation of a Portion of the Right of Way (ROW) for North Clarke Road; Project No. VAC-25-039. (Concurrency & Commitment Coordinator McFarlane) Background Summary: The portion of right of way (ROW) is part of N. Clarke Road and is located in Commission District 4. The portion of ROW runs in a North-South direction along the west side of N. Clarke Road between parcel ID 33- 21-28-5556-13-000 and parcel ID 33-21-28-5556-00-006. The request is to vacate and abandon approximately 2,852 square feet of public ROW. In 2016, construction on the McCormick Reserve subdivision began. Tract M of the subdivision is directly west of N. Clarke Road and contains the subdivision's perimeter wall. When the subdivision wall was constructed, it was incorrectly built upon land that was dedicated to the City of Ocoee for the extension of N. Clarke Road. The original developer requested the abandonment and vacation of this ROW within the McCormick Reserve subdivision to ensure the subdivision's wall remains out of the public ROW. With the proposed vacation, the city would retain a minimum of 60 feet in right-of-way width for the current section and if a widening is done in the future, there is enough city-owned land adjacent to it on the east side to accommodate a four-lane road. 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. The City of Ocoee's Utility Department approved the ROW vacate, conditional on the City receiving a utility easement for the portion of the ROW that will be vacated to maintain nearby utilities. Utility easement language has been incorporated into the ROW vacate resolution. Issue: Should the Honorable Mayor and City Commission approve a resolution abandoning and vacating a portion of the public right of way of North Clarke Road? Recommendations: Staff recommends that the Honorable Mayor and City Commission approve a resolution abandoning and vacating a portion of the public right of way of North Clarke Road. Attachments: Page 794 of 812 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org 1. Location Map 2. Aerial Map 3. Response Letters 4. Resolution 5. WOT Advertisement Financial Impacts: N/A Type of Item: Public Hearing Page 795 of 812 Page 796 of 812 Page 797 of 812 Page 798 of 812 Mayor Commissioners Rusty Johnson Scott R. Kennedy, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Craig Shadrix George Oliver, III, District 4 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 phone: (407) 905-3100 ▪ www.ocoee.org _____________ To: Thai Braschi & Ronnie Lalchan, AT&T Lacey Beier & Richard Stewarts, Centurylink Helen Hernandez, Spectrum Domingo Colon, Lake Apopka Natural Gas Irma Cuadra, Duke Energy – Distribution & Todd Boyer - Transmission George Shupp, Orange County Public Works Jen Bolling, City of Ocoee Date: December 18, 2025 Subject: Vacation & Abandonment of Right-of-Way or Easement Sketch and Legal Attached Project Name: McCormick Reserve Vacate To Whom It May Concern: The City of Ocoee received an application for vacation/abandonment for the above referenced property and requests your input during the application process. Your company or local government may be involved or concerned with vacation/abandonment. Before the City proceeds with this application, we would appreciate your review and comments. Please answer the following questions, and provide any additional necessary comments. This vacation request (DOES / DOES NOT) fall under this agency’s jurisdiction. Our utility or government (DOES NOT OBJECT) to this vacation/abandonment. Comments (if any): Signature: Print Name: Utility or Gov’t. Name: Date: Please return this form via E-Mail to: Cecilia Seaver, Development Review Coordinator Department-Planning Division (407) 554-7115 E-Mail: cseaver@ocoee.org X December 19, 2025 Duke Energy Irma Cuadra Irma Cuadra Page 799 of 812 Mayor Commissioners Rusty Johnson Scott R. Kennedy, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Craig Shadrix George Oliver, III, District 4 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 phone: (407) 905-3100 ▪ www.ocoee.org _____________ To: Thai Braschi & Ronnie Lalchan, AT&T Lacey Beier & Richard Stewarts, Centurylink Helen Hernandez, Spectrum Domingo Colon, Lake Apopka Natural Gas Irma Cuadra, Duke Energy – Distribution & Todd Boyer - Transmission George Shupp, Orange County Public Works Jen Bolling, City of Ocoee Date: December 18, 2025 Subject: Vacation & Abandonment of Right-of-Way or Easement Sketch and Legal Attached Project Name: McCormick Reserve Vacate To Whom It May Concern: The City of Ocoee received an application for vacation/abandonment for the above referenced property and requests your input during the application process. Your company or local government may be involved or concerned with vacation/abandonment. Before the City proceeds with this application, we would appreciate your review and comments. Please answer the following questions, and provide any additional necessary comments. This vacation request (DOES / DOES NOT) fall under this agency’s jurisdiction. Our utility or government (OBJECTS / DOES NOT OBJECT) to this vacation/abandonment. Comments (if any): Signature: Print Name: Utility or Gov’t. Name: Date: Please return this form via E-Mail to: Cecilia Seaver, Development Review Coordinator Department-Planning Division (407) 554-7115 E-Mail: cseaver@ocoee.org No facilities located within the Right-of-Way Domingo Colon Lake Apopka Natural Gas District 12/19/2025 Page 800 of 812 Page 801 of 812 Mayor Commissioners Rusty Johnson Scott R. Kennedy, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Craig Shadrix George Oliver, III, District 4 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 phone: (407) 905-3100 ▪ www.ocoee.org _____________ To: Thai Braschi & Ronnie Lalchan, AT&T Lacey Beier & Richard Stewarts, Centurylink Helen Hernandez, Spectrum Domingo Colon, Lake Apopka Natural Gas Irma Cuadra, Duke Energy – Distribution & Todd Boyer - Transmission George Shupp, Orange County Public Works Jen Bolling, City of Ocoee Date: December 18, 2025 Subject: Vacation & Abandonment of Right-of-Way or Easement Sketch and Legal Attached Project Name: McCormick Reserve Vacate To Whom It May Concern: The City of Ocoee received an application for vacation/abandonment for the above referenced property and requests your input during the application process. Your company or local government may be involved or concerned with vacation/abandonment. Before the City proceeds with this application, we would appreciate your review and comments. Please answer the following questions, and provide any additional necessary comments. This vacation request (DOES / DOES NOT) fall under this agency’s jurisdiction. Our utility or government (OBJECTS / DOES NOT OBJECT) to this vacation/abandonment. Comments (if any): Signature: Print Name: Utility or Gov’t. Name: Date: Please return this form via E-Mail to: Cecilia Seaver, Development Review Coordinator Department-Planning Division (407) 554-7115 E-Mail: cseaver@ocoee.org Lacey Beier Lumen Technologies (formly known as Centurylink) 02/13/2026 Page 802 of 812 Page 803 of 812 1 RESOLUTION NO. 2026- A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING A PORTION OF NORTH CLARKE ROAD (80 FOOT RIGHT OF WAY) AS SHOWN ON THE PLAT OF MCCORMICK RESERVE – PHASE ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 87, PAGES 111 THROUGH 115, INCLUSIVE, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, LYING IN THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, CITY OF OCOEE, ORANGE COUNTY, FLORIDA; PROVIDING FOR 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 North Clarke Road Right of Way running in an North-South direction as depicted on the on the Plat of McCormick Reserve – Phase One, according to the plat thereof as recorded in Plat Book 87, Pages 111 through 115, inclusive, of the public records of Orange County, Florida, lying in the Northwest 1/4 of Section 33, Township 21 South, Range 28 East, City of Ocoee, 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 City Commission of the City of Ocoee desires to reserve a public utility easement over, under, and/or upon the Right of Way in connection with existing or future utility facilities as well as the right of ingress and egress in, over, under, and/or upon the Right of Way for the purpose of maintaining said utilities and any other utilities which may now or hereafter be located in, over, under, and or/or upon 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 Page 804 of 812 2 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 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 Page 805 of 812 3 and to the portion of Right of Way. SECTION 3. Reservation of Public Utility Easement. The City of Ocoee hereby reserves a public utility easement over, under and/or upon the Right of Way in connection with any existing or future utility extensions that may be located in the Right of Way and any other utilities which may now or hereafter be located in. over under and/or upon the Right of Way; 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 Right of Way 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 Right of Way. 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 , 2026. SIGNATURE PAGE TO FOLLOW Page 806 of 812 ATTEST: Melanie Sibbitt, City Clerk (SEAL) APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ______ day of ______________, 2026. FISHBACK DOMINICK By: Richard Geller, City Attorney ADVERTISED ___________________,2026. READ FIRST TIME AND ADOPTED _______________________________, 2026. UNDER AGENDA ITEM NO. _______ Page 807 of 812 BUSINESS NO, 32108 ~~~~r LANO DEVELOPMEt-T & ENGINEERING SERV CES CERTIFICATE OF AUTHORIZATION NO. LB8214 WOHLFARTH CONSULTING GROUPLLC ENGINEERS, PLANNERS 246 N. WESTMONTE DRIVE ALTAMONTE SPRINGS, FLORIDA 32714 (407) 750-3123 SKETCH AND DESCRIPTION ONLY (NOT A SURVEY) DESCRIPTION: (RIGHT-OF-WAY TO BE VACA TED} A portion of North Clarke Road (80 foot Right-of-Way) as shown on the plat of McCORMICK RESERVE -PHASE ONE, according to the Plat thereof as recorded in Plat Book 87, Pages 111 through 115, inclusive, of the Publ ic Records of Orange County, Florida, lying in the Northwest 1/4 of Section 33, Townsh ip 21 South, Range 28 East, City of Ocoee, Orange County, Florida, being more particularly described as follows: COMMENCE at the Northwest corner of Tract F of said McCORMICK RESERVE -PHASE ONE; thence North 89"51'12" West along a Northerly boundary of said McCORMICK RESERVE -PHASE ONE , a distance of 80.00 feet to a point on the Westerly Right-of-Way line of said North Clarke Road; thence So uth 00°08'48" West along said Westerly Right-of-Way line, a distance of 69.35 feet to a point of curvature of a curve concave to the East, sa id point also being the POINT OF BEGINNING; thence departing from said Westerly Right-of-Way line, run Southerly along said curve having a radius of 915.00 feet, a centra l angle of 26°07'04", for an arc length of 417.09 feet to a point of cusp, the following three (3) courses being along the Easterly boundary of Tract M of said McCORMICK RESEF.VE -PHASE ONE, and the Westerly Right-of-Way line of said North Clarke Road; thence North 25°58'16" West, a distance of 128.73 feet to a point of curvature of a curve concave to the East; thence Northerly along said curve having a radius of 360.00 feet, a central angle of 26°07'04" for an arc length of 164.1 0 feet to a point of tangency; thence North 00°08'48" East, a distance of 128. 73 feet to the POINT OF BEGINNING. Said lands containing 0.065 acres (2,852 square feet), more or less. NOTES : 1. UNLESS IT BEARS THE SIGNATUF:E AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES 15 PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY WOHLFARTH CONSU LTIN G GROUP LLC FOR EAS:MENTS AND RIGH TS-OF-WAY OF RECORD. 3. DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SLIRVEY. PROJECT NAME: McCORMICK RESERVE -PHASE ONE LOCATION: City of Ocoee, Orange County, Florida CERTIFICATION : I HEREBY CERTIFY TH AT THE ATTACHED SKETCH AND DESCRIPTION IS TRUE AND CORRECTTO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT IT MEETS THE STANDARDS OF PRACTI CE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER SJ-17, FLORIDA ADM INISTRATIV E CODE. N LL. 0 1-w w I (/) t"'"f 0 0 I 4. BEARINGS ARE BASED ON THE Pl.AT OF M cCORM ICK RESERVE -PHASE ONE, PLAT BOOK 87, PAGES 111-115, ORANGE COUNTY RECORDS, TH E NORTH BOUNDARY OF TRACT F HAVING A BEARING OF SOUTH 89"51'12" EAST. FOR THE FIRM . . r,,.. WOHLFARTH CONSU~·t ltt_G <fi;<:JUP LLC:·· . B 5. WOHLFARTH CONSULTING GROUP LLC CERTIFICATE OF AUTHORIZATION NO. LB 8214 IS ISSUED BY THE FLO~IDA DEPARTMENT OF AGRI CULTURE AND CONSUMER SERVICES. REVISIONS DATE BY -------r-,(2~·:vz~·:7'-z __ -½ __ ~ ~ • .. Wl ~ON E, WAY, P.S.M. ~ PROFESSIONAL SURVEYOR and MAPPER #2885 STATE OF FLORIDA ~ O ILZ DATE: ' ,. I/ I DRAWN 06120 19 BY BF I CHECKED I FIELD BY WW BOOK N/A EXHIBIT "A" (the Right of Way) 3DJHRI BVSINUS NO, n1oa ~~~~r LAND DEVELOPMENT & ENGINEERING SERVJ::ES CERTIFICATE OF AUTHORIZATION 140. L88214 WOHLFARTH CONSULTING GROUPLLC ENGINEERS, PLANNERS 246 N. WESTMONTE DRIVE ALTAMONTE SPRINGS, FLORIDA 32714 (407) 750-3123 10' U.f. _ __. (P.B. 87, PG. 111-115, O.C.R.) N89'51 '12"W 80.00' N. BOUNDARY TRACT F s8g·s1·12·i TRACT M POINT OF BEGINNING I I 40' + 40' I I I I I I (BASIS FOR BEARINGS) POINT OF COMMENCEMENT N. W. CORNER TRACT F TRACT F (CONSERVATION & OPEN SPACE) R=915.00' t1 =26'07'04" L=41 7.0 9' R/W TO BE VACATED (0.065 ACRES, 2,852 S.F.:t) SKETCH AND DESCRIPTION ONLY (NOT A SURVEY) R=J60.00' t1=26'07'04" L=164.10' McCORMICK RESERVE -PHASE ONE (P.B. 87, PG. 111-115, O.C.R.) REVISIONS DATE BY t---------------+-----,~---1 DATE: DRAWN LEGEND ti = CENTRAL ANGLE L = LENGTH OF ARC O.C.R.= ORANGE COUNTY RECORDS P.8. = PLAT BOOK PG.= PAGE R= RADIUS R/W = RIGHT-OF-WAY S.F.= SQUARE FEET U.E.= UTILITY EASEMENT Cf_= CENTERLINE 0 \.0 II .-1 w ..I 5 Ill N LL 0 N 1-w w I (/) rl 0 0 I ,..... rl 0 N t; Lo.I .., ~o Q.Z 06/20/19 BY BF' CHECKED f'IELD BY WEW BOOK N/A 3DJHRI 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. NOTICE The Business Observer makes every effort to ensure that its public notice advertising is accurate and in full compliance with all applicable statutes and ordinances and that its information is correct. Nevertheless, we ask that our advertisers scrutinize published ads carefully and alert us immediately to any errors so that we may correct them as soon as possible. We cannot accept responsibility for mistakes beyond bearing the cost of republishing advertisements that contain errors . Page 810 of 812