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HomeMy WebLinkAboutItem 14 Approval of Resolution for Vacation of 5-Ft Utility Easements on Lots 1, 12, 13, 24, 25, 36, 37, and 48 of Magnolia Reserve Townhome Subdivision City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: May 19, 2026 Item #: 14 Contact Name: Brett McFarlane Department Director: Nick Lepp Contact Number: Ext. 7145 City Manager: Craig Shadrix Subject: Approval of Resolution for Vacation of 5-ft Utility Easements on Lots 1, 12, 13, 24, 25, 36, 37, and 48 of the Magnolia Reserve Townhome Subdivision; Project No. VAC-26-041. (Concurrency & Commitment Coordinator McFarlane) Background Summary: The Magnolia Reserve Townhome Subdivision is located in Commission District 1, on the south side of Desert Candle Drive, east of Renaissance Charter School and the West Orange Trail, and generally adjacent to the Greens at Forest Lake Townhome Subdivision. At the builder’s request, this abandonment and vacation application pertains to the remaining 5-foot utility easements located along the side yards of eight corner lots (specifically Lots 1, 12, 13, 24, 25, 36, 37, and 48) within the Magnolia Reserve Townhome Subdivision. The request seeks to vacate approximately 300 square feet per lot. The easement areas to be vacated for these eight corner lots are all located on the external side yards of the properties and are each 5 feet wide. Previously, the front 34 feet of these eight easements were vacated under Resolution 2025-14 during the September 16, 2025, City Commission Meeting. The partial vacation under Resolution 2025-14 was intended to address issues arising from the construction of walkways and front porch columns within the 5-foot utility easement for these eight lots. However, due to a miscommunication between the developer and the surveyor, the correct easement areas were not vacated with Resolution 2025-14. The purpose of this easement vacation is to correctly vacate the rear 5-ft utility easement, which, if approved, would vacate the entirety of these eight easements. In coordination with all applicable utility providers, the developer and City have determined that these specific utility easements are not required for these eight lots. As part of the review process, staff sent letters to the standard list of utility providers requesting their determination as to whether they had any concerns and would release their interests in the utility easements. Upon receiving confirmation of no concerns or objections from the applicable utility providers, staff supports the developer’s request for the abandonment and vacation of the remainder of these eight utility easements. Issue: Should the Honorable Mayor and City Commission adopt a proposed Resolution to abandon and vacate the 5- foot utility easements for lots 1, 12, 13, 24, 25, 36, 37, and 48 of the Magnolia Reserve Townhomes Subdivision? Page 541 of 603 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Recommendations: Staff recommends that the Honorable Mayor and City Commission adopt the proposed Resolution to abandon and vacate the 5-foot utility easements for lots 1, 12, 13, 24, 25, 36, 37, and 48 of the Magnolia Reserve Townhomes Subdivision. Attachments: 1. Aerial Map 2. Location Map 3. Resolution 4. Response Letters 5. Advertisement Financial Impacts: N/A Type of Item: Public Hearing Page 542 of 603 S S R 4 2 9 W e s t R d Desert Candle Dr N S R 4 2 9 Arbour Point Way Fountains West Blvd S w eet Viburnu m W ay Magnolia Reserve Rd Orange Trailside Way Red Spruce Way I 0 80 16040Feet Magnolia Reserve Townhomes Subdivision Partial Utility Easement Vacation2025 Aerial Photography Page 543 of 603 S S R 4 2 9 N S R 4 2 9 Desert Candle Dr Magnolia Reserve Townhomes Subdivision Partial Utility Easement Vacation Location Map I Page 544 of 603 1 RESOLUTION NO. 2026-__________ A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THE REAR APPROXIMATELY 60 LINEAR FT OF THE 5 FT UTILITY EASEMENTS LOCATED ON LOTS 1, 12, 13, 24, 25, 36, 37, AND 48 OF THE MAGNOLIA RESERVE TOWNHOMES SUBDIVISION; 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 rear approximately 60 linear ft of the 5-ft utility easements on lots 1, 12, 13, 24, 25, 36, 37, and 48 of the Magnolia Reserve Townhomes Subdivision; and a sketch and legal description of such to be abandoned and vacated is attached hereto as Exhibits “A” through “H” and by this reference made a part hereof (the “Easements”); 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 Easements and all owners of the property within three hundred (300) feet in all directions of the Easements; 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 Easements; and Page 545 of 603 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 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 Easements. The City Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to the portion of Easements. 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. 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. Page 546 of 603 3 PASSED AND ADOPTED this ________ day of _______________, 2026. [SIGNATURES TO FOLLOW] Page 547 of 603 4 ATTEST: Melanie Sibbitt, City Clerk (SEAL) APPROVED: CITY OF OCOEE, FLORIDA , Rusty Johnson, Mayor ADVERTISED _________________, 2026 READ FIRST TIME AND ADOPTED _______________________________, 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 548 of 603 EXHIBIT "A" 3DJH""RI" C:\Users\david.land\DC\ACCDocs\CESO\DDCM Magnolia Reserve Ocoee Florida\Project Files\_CES0\05-SURVEY\Dwg\Sketches and Desc Drawing Title: LOT12 QVacate Area 295.o sa FT □ � Length so.9 FT □ LOT 11 PB 115 P G 93-94 I LOT12 PB 115 PG 93-94 i?:>- cJ, SUBJEC T PARCE LNORTH LINE 5.00'5.00' UTILITY EASEMENTUTILITY E ASEMENT PB 0.00 4 +/-ACRES OR I � 3f� 0 QJ a. 115 PG 93-94 170+/-SQ FT.u [ -�9 cl SOUTH LINE LOT 1 2PB 115 PG 93-94 N -.I TR ACTS OPEN SPACEJSTORMWATERPB 1 15 PG 93-94 N 0 "'st • Ctl ..... �w� S 85 ° 51' 54" E 34.00'a. M -.J N 850 5_1' 54" W 34.00' L 1 (Basis of Bearing]g c � SUB - QJ POB :::, E C.9 - QJ a. 0 (I) JECT PARCEL Poe SUBJECT PARCELSE COR NERLOT 12 PB 115 PGS93-94 LINE TABLE Line# Direction Length L1 N85° 51' 54"W 10 .00' L2 N04 ° 08' 06"E 5.00' 20 0 20 L3 S04 ° 08' 06"W 5.00' �--- GRAPHIC SCALE (IN FEET) DDCM -------- SKETCH AND DESCRIPTION UTILITY EASEMENT Project Number. Scale: 765953-01 1"=20' SKETCH AND DESCRIPTION 3 of 3 Drawn By: DRL,JMCV _ch_eck_ed_By: ___ GP_RL UTILITY EASEMENT _Da_te_: ___ Fe_b_rua_ry_1_0·_20_25 A PORTION OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE Issue: 28 EAST, ORANGE COUNTY, FLORIDA. ©2025 CESO, INC. CESO WWW.CESOI IC.COM EXHIBIT "B" 3DJH0ccY0RI0cY_ EXHIBIT "C" 3DJH""RI" EXHIBIT "D" 3DJH""RI" EXHIBIT "E" 3DJH""RI" EXHIBIT "F" 3DJH""RI" EXHIBIT "G" 3DJH""RI" EXHIBIT "H" 3DJH""RI" 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 _____________ Submittal Date: 03/26/2026 To: Thai Braschi & Ronnie Lalchan, AT&T Lacey Veier, Evn’s Cenafils & Richard Stewarts, Centurylink Helene Hernandez, Spectrum Domingo Colon, Lake Apopka Natural Gas Irma Cuadra, Duke Energy George Shupp, Orange County Public Works Jen Bolling, City of Ocoee Brett McFarlane, City of Ocoee Subject: Vacation & Abandonment of Right-of-Way or Easement Sketch and Legal Attached Project Name: Magnolia Reserve Vacate Project No. VAC-26-041 (Sage Project No. 2026-0009) To Whom It May Concern: The City of Ocoee received an application for vacation/abandonment of 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 comments as needed. 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 email to: Margie Householder, Development Review Coordinator Department-Planning Division (407) 554-7085 E-Mail: mhouseholder@ocoee.org Duke Energy has sent a no objection to this developer back in 2025. March 27, 2026 Duke Energy Irma Cuadra Irma Cuadra Page 557 of 603 Page 558 of 603 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 _____________ Submittal Date: 03/26/2026 To: Thai Braschi & Ronnie Lalchan, AT&T Lacey Veier, Evn’s Cenafils & Richard Stewarts, Centurylink Helene Hernandez, Spectrum Domingo Colon, Lake Apopka Natural Gas Irma Cuadra, Duke Energy George Shupp, Orange County Public Works Jen Bolling, City of Ocoee Brett McFarlane, City of Ocoee Subject: Vacation & Abandonment of Right-of-Way or Easement Sketch and Legal Attached Project Name: Magnolia Reserve Vacate Project No. VAC-26-041 (Sage Project No. 2026-0009) To Whom It May Concern: The City of Ocoee received an application for vacation/abandonment of 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 comments as needed. 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 email to: Margie Householder, Development Review Coordinator Department-Planning Division (407) 554-7085 E-Mail: mhouseholder@ocoee.org AT&T RONNIE LALCHAN FOR AT&T 4/14/26 Page 559 of 603 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 _____________ Submittal Date: 03/26/2026 To: Thai Braschi & Ronnie Lalchan, AT&T Lacey Veier, Evn’s Cenafils & Richard Stewarts, Centurylink Helene Hernandez, Spectrum Domingo Colon, Lake Apopka Natural Gas Irma Cuadra, Duke Energy George Shupp, Orange County Public Works Jen Bolling, City of Ocoee Brett McFarlane, City of Ocoee Subject: Vacation & Abandonment of Right-of-Way or Easement Sketch and Legal Attached Project Name: Magnolia Reserve Vacate Project No. VAC-26-041 (Sage Project No. 2026-0009) To Whom It May Concern: The City of Ocoee received an application for vacation/abandonment of 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 comments as needed. 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 email to: Margie Householder, Development Review Coordinator Department-Planning Division (407) 554-7085 E-Mail: mhouseholder@ocoee.org X X No Facilities located within the vacated areas requested Domingo Colon Lake Apopka Natural Gas District 3/27/2026 Page 560 of 603 Page 561 of 603 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 _____________ Submittal Date: 03/26/2026 To: Thai Braschi & Ronnie Lalchan, AT&T Lacey Veier, Evn’s Cenafils & Richard Stewarts, Centurylink Helene Hernandez, Spectrum Domingo Colon, Lake Apopka Natural Gas Irma Cuadra, Duke Energy George Shupp, Orange County Public Works Jen Bolling, City of Ocoee Brett McFarlane, City of Ocoee Subject: Vacation & Abandonment of Right-of-Way or Easement Sketch and Legal Attached Project Name: Magnolia Reserve Vacate Project No. VAC-26-041 (Sage Project No. 2026-0009) To Whom It May Concern: The City of Ocoee received an application for vacation/abandonment of 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 comments as needed. 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 email to: Margie Householder, Development Review Coordinator Department-Planning Division (407) 554-7085 E-Mail: mhouseholder@ocoee.org DOES DOES NOT OBJECT Lacey Beier Lumen Technologies (formly known as Centurylink) 04/15/2026 Page 562 of 603 Page 563 of 603