HomeMy WebLinkAboutItem 11 Approval of Resolution for the Abandoment and Vacation of the Right of Way for North Cumberland Avenue Vacate; Project No. VAC-26-040
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: April 21, 2026
Item #: 11
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 the Right of Way for
North Cumberland Avenue Vacate; Project No. VAC-26-040. (Concurrency & Commitment
Coordinator McFarlane)
Background Summary:
The portion of right of way (ROW) is part of N. Cumberland Avenue and is located in Commission District 2.
The portion of ROW runs in a North-South direction, and the request is to vacate and abandon approximately
0.422 acres of public ROW.
This staff-initiated ROW vacation request aims to correct property boundaries for Unity Park. Presently, the
park comprises two (2) distinct parcels (PID 17-22-28-6144-02-040 and PID 17-22-28-6144-02-057) separated
by City ROW. Upon vacation of this ROW, staff intends to consolidate the vacated ROW with the existing
parcels, creating a single parcel encompassing all of Unity Park.
All applicable utility companies have indicated no objections. The Orange County Property Appraiser’s Office
has reviewed both the area proposed for vacation and the legal description, raising no objections. The City of
Ocoee's Utility Department also reviewed and approved the request without objection.
Issue:
Should the Honorable Mayor and City Commission approve a resolution abandoning and vacating a portion of
the public right of way of North Cumberland Avenue?
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 Cumberland Avenue.
Attachments:
1. Aerial Map
2. Location Map
3. Response Letters
4. Resolution
5. Advertisement
Page 560 of 576
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Financial Impacts:
N/A
Type of Item: Public Hearing
Page 561 of 576
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N. Cumberland Ave Vacate
Aerial Map
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Page 563 of 576
Construction
Supervisor
Page 564 of 576
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 ō 1 N. Bluford Avenue ō Ocoee, Florida 34761
phone: (407) 905-3100 ō 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:
Subject: Vacation & Abandonment of Right-of-Way or Easement
Sketch and Legal Attached
Project Name: N Cumberland Avenue Right-of-Way 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
AT&T
2/19/26
RONNIE LALCHAN FOR AT&T
Page 565 of 576
Page 566 of 576
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:
Subject: Vacation & Abandonment of Right-of-Way or Easement
Sketch and Legal Attached
Project Name: N Cumberland Avenue Right-of-Way 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
Lake Apopka Natural Gas District
2/20/2026
Domingo Colon
Page 567 of 576
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:
Subject: Vacation & Abandonment of Right-of-Way or Easement
Sketch and Legal Attached
Project Name: N Cumberland Avenue Right-of-Way 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
DOES NOT OBJECT
DOES
Lacey Beier
Lumen Technologies (formly known as Centurylink)
03/16/2026
Page 568 of 576
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
_____________
From:: Irma Cuadra, Duke Energy – Distribution & Todd Boyer - Transmission
Date:
Subject: Vacation & Abandonment of Right-of-Way or Easement
Sketch and Legal Attached
Project Name: N Cumberland Avenue Right-of-Way 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
February 27, 2026
Duke Energy
Irma Cuadra
Irma Cuadra
Page 569 of 576
1
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING
AND VACATING A PORTION OF THE 60' WIDE RIGHT OF WAY OF
CUMBERLAND AVENUE, LYING SOUTH OF FRANKLIN STREET AND
LYING 65 FEET NORTH OF THE SOUTHWEST CORNER OF LOT 5,
BLOCK 2 AS DEPICTED ON THE PLAT OF THE MAP OF OCOEE,
RECORDED IN PLAT BOOK A, PAGE 100 OF THE PUBLIC RECORDS
OF ORANGE COUNTY; 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 Cumberland Avenue Right of Way running in an North-South direction being a
portion of the 60' wide right of way of Cumberland Avenue, lying south of Franklin Street and
lying 65 feet north of the southwest corner of Lot 5, Block 2 as depicted on the plat of the MAP
OF OCOEE, recorded in Plat Book A, Page 100 of the Public Records of Orange County; 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
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
Page 570 of 576
2
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. 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 4. Effective Date. This Resolution shall become effective upon passage
and adoption.
Page 571 of 576
3
PASSED AND ADOPTED this day of , 2026.
SIGNATURE PAGE TO FOLLOW
Page 572 of 576
4
CITY OF OCOEE, FLORIDA
By:
Rusty Johnson, Mayor
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED BY THE CITY OF OCOEE
COMMISSION AT A MEETING HELD ON
_____________________ ______, 2026.
UNDER AGENDA ITEM NO. ____
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
Page 573 of 576
THIS IS NOT A FIELD SURVEY
OF
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DATE:
CHKD. BY:
DATE:
DRAWN BY:
JOB No.
DATE
R E V I S I O N
DRAWING NAME:
N / A
SCALE:
PROJECT TITLE:
BY DESCRIPTION
6374231442.T15
01/29/2026
MEP
01/29/2026
MR
2
Altamonte Springs, FL 32701 USA
WSP USA GEOMATICS INC.
www.wsp.com
Phone: (407) 522-7570
Certificate of Authorization Number LB-0008652
550 Northlake Boulevard, Suite 1000
1
Legal Description
A parcel of land, being a portion of the 60' wide right-of-way of Cumberland Avenue, lying south of Franklin Street
and lying 65 feet north of the southwest corner of Lot 5, Block 2 as depicted on the plat of the MAP OF OCOEE,
recorded in Plat Book A, Page 100 of the Public Records of Orange County, Florida, being more particularly
described as follows:
Commencing at the northeast corner of Lot 1, FREEMAN AND YARR REPLAT as recorded in Plat Book 60, Page 99
of the Public Records of Orange County, Florida; thence run N 02°49'36" E along the westerly right-of-way line of
Cumberland Avenue, for a distance of 65.00 feet to the POINT OF BEGINNING of the herein described parcel;
thence continue N 02°49'36" E along said westerly right-of-way line, for a distance of 305.28 feet to the southerly
right-of-way line of Franklin Street, a 60' wide right-of-way as depicted in said MAP OF OCOEE; thence run
S 89°59'58" E along said southerly right-of-way line of Franklin Street, for a distance of 60.07 feet to easterly
right-of-way line of said Cumberland Avenue; thence run S 02°49'36" W along said easterly right-of-way line, for a
distance of 308.24 feet to a point being 65 feet north of the southwest corner of Lot 5, Block 2 of said MAP OF
OCOEE; thence run N 87°10'24" W, for a distance of 60.00 feet to the POINT OF BEGINNING.
Containing 18,405 square feet or 0.422 acres, more or less.
Surveyor's Notes
1. This Sketch of Description is not valid without the original signature and seal of a Florida
licensed surveyor and mapper.
2. Bearings shown hereon are relative to the westerly right-of-way line of Cumberland Avenue as
depicted on the plat of FREEMAN AND YARR REPLAT, recorded in Plat Book 60, page 99 of
the Public Records of Orange County, Florida, as being N 02°49'36" E.
3. Lands shown hereon were not abstracted for ownership, easements, rights-of-way or other title
matters by this firm, any related information shown hereon was acquired from the Orange
County property appraiser website, the plat FREEMAN AND YARR REPLAT, as recorded in
Plat Book 60, page 99 and the plat of the MAP OF OCOEE, as recorded in Plat Book A,
page 100, of the public records of Orange County, Florida. A title insurance commitment or
title information has not been provided.
SCHEDULE "A"
SKETCH OF DESCRIPTION
6374231442.T15.SOD.dwg
MAX RAMOS
FLORIDA PROFESSIONAL SURVEYOR AND MAPPER
LICENSE NO. LS 6458
2/2/2026
SKETCH OF DESCRIPTION
A PORTION OF THE 60' WIDE RIGHT-OF-WAY
OF CUMBERLAND AVENUE
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Exhibit "A"
Page 574 of 576
LOT 1
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DATE:
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DATE:
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DRAWING NAME:
1" = 50'
SCALE:
PROJECT TITLE:SKETCH OF DESCRIPTION
A PORTION OF THE 60' WIDE RIGHT-OF-WAY
OF CUMBERLAND AVENUE BY DESCRIPTION
MEP
01/29/2026 01/29/2026
MR
2
6374231442.T15
GRAPHIC SCALE
1 inch = 50 feet
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Altamonte Springs, FL 32701 USA
www.wsp.com
Phone: (407) 522-7570
Certificate of Authorization Number LB-0008652
550 Northlake Boulevard, Suite 1000
WSP USA GEOMATICS INC.
SCHEDULE "A"
SKETCH OF DESCRIPTION
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Page 575 of 576
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Page 576 of 576