HomeMy WebLinkAboutItem 18 859 Hammocks Drive-Staples Property Easement Vacate
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: October 20, 2026
Item #: 18
Contact Name: Berenice Belizaire Department Director: Nick Lepp
Contact Number: Ext. 1070 City Manager: Craig Shadrix
Subject: Public Hearing and Approval of Resolution for 859 Hammocks Drive - Staples
Property Easement Vacate Request Project No. VAC-26-042. (Planner II Belizaire)
Background Summary:
The property is located at 859 Hammocks Drive, assigned parcel ID number 21-22-28-8613-00-960, and is lot
96 in the Hammocks subdivision. Additionally, the property is located in commission district 2.
Per the Hammocks subdivision plat and the property survey for the lot, there is a utility easement on all four
sides of the lot, including the subject 5-foot utility easement in the rear yard of the property. The applicants
have replaced an existing retaining wall in the rear yard that encroaches into a 5-foot utility easement area.
The applicant did not seek a permit to replace the retaining wall due to the cost of the work not exceeding the
monetary threshold of $7,500.00 per FL Statutes.
Section 5-1B of Article V of the Land Development Code (LDC) states, "The zoning regulations are not
intended to interfere with, abrogate, or annul any lawful easements, covenants, or other agreements between
parties; provided, however, that where this Code imposes greater restrictions upon the use of buildings or
premises than are imposed or required by other resolutions, rules, regulations, or by lawful easements,
covenants, or agreements, the provisions of this Code shall prevail." As a result, the applicants are seeking
city approval to vacate the 5-foot utility easement.
Letters were sent to the utility providers, and no objections to the requested vacation have been received. The
provider letters and property survey are attached.
Issue:
Should the Honorable Mayor and City Commission adopt the proposed resolution to abandon and vacate the
5-foot utility easement located in the rear yard of the property at 859 Hammocks Drive, assigned parcel ID
number 21-22-28-8613-00-960, in order to maintain a retaining wall in the area?
Recommendations:
Staff recommends that the Honorable Mayor and City Commission adopt the proposed resolution to abandon
and vacate the 5-foot utility easement located in the rear yard of the property at 859 Hammocks Drive,
assigned parcel ID number 21-22-28-8613-00-960, in order to maintain a retaining wall in the area.
Attachments:
1. 859 Hammocks Dr Aerial
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
2. Survey
3. Duke Energy
4. Lake Apopka
5. Lumen
6. Orange County Public Works
7. Easement Vacate Resolution
8. Public Notice
Financial Impacts:
N/A
Type of Item: Public Hearing
Orange County Property Appraiser
Created: 10/15/2026 17:3 Aerial 2026, undefined This map is for reference only and is not a survey
452 East Crown Point Road
Winter Garden, Florida 34787
Irma.Cuadra@duke-energy.com
407 905 3310
Sep. 10, 2026
Via email: mhouseholder@ocoee.org
Ms. Margie Householder
Development Review Coordinator
City of Ocoee
1 N Bluford Avenue
Ocoee, FL 34761
RE: Vacation of a Platted Easement
859 Hammocks Drive, Ocoee
Orange County, Florida
Dear Ms. Householder:
Please be advised that Duke Energy has “no objection” to the vacation and abandonment of the
five (5’) Utility Easement along the rear of Lot 97, The Hammocks as recorded in Plat Book 24,
Page 49, of the Public Records of Orange County, Florida being more particularly as highlighted
on the accompanying Boundary Survey, drawn by Ireland & Associates Surveying, Inc., dated
May 22, 2020, File # IS-73933, attached hereto and by this reference made a part hereof.
If I can be of further assistance, please do not hesitate to contact me.
Sincerely,
Irma Cuadra
Irma Cuadra
Senior Research Specialist
Attachment
Mayor Commissioners
Rusty Johnson Scott R. Kennedy, District 1
Rosemary Wilsen, District 2
City Manager Richard Firstner, District 3
Robert Frank 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: Jeremy Jenkins, AT&T
Michel T Leslie, Centurylink
P.J. King, Brighthouse Networks
Rick Gullett, Lake Apopka Natural Gas
Irma Cuadra, Duke Energy – Distribution & Todd Boyer - Transmission
George Shupp, Orange County Public Works
Date:
Subject: Vacation & Abandonment of Right-of-Way or Easement
Sketch and Legal Attached
Vacate & Abandonment of the 5’ Utility easement in rear – see attached survey
Project Name: 859 Hammocks Drive
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:
Margie Householder, Development Review Coordinator
Department-Planning Division
(407) 554-7085
E-Mail: mhouseholder@ocoee.org
No facilities located within the proposed vacate request.
Domingo Colon
Lake Apopka Natural Gas District
9/14/2026
Di Cl
Mayor Commissioners
Rusty Johnson Scott R. Kennedy, District 1
Rosemary Wilsen, District 2
City Manager Richard Firstner, District 3
Robert Frank 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: Jeremy Jenkins, AT&T
Michel T Leslie, Centurylink
P.J. King, Brighthouse Networks
Rick Gullett, Lake Apopka Natural Gas
Irma Cuadra, Duke Energy – Distribution & Todd Boyer - Transmission
George Shupp, Orange County Public Works
Date:
Subject: Vacation & Abandonment of Right-of-Way or Easement
Sketch and Legal Attached
Vacate & Abandonment of the 5’ Utility easement in rear – see attached survey
Project Name: 859 Hammocks Drive
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:
Margie Householder, Development Review Coordinator
Department-Planning Division
(407) 554-7085
E-Mail: mhouseholder@ocoee.org
Lacey Beier
Lumen Technologies (formly known as Centurylink)
09/16/2026
/ DOES NOT)
/ DOES NOT OBJECT) t
1
RESOLUTION NO. 2026-
(Easement Vacation Resolution for 859 Hammocks Drive-
Staples Property)
TAX PARCEL ID: 21-22-28-8613-00-960
CASE NO. VAC-26-042
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING
AND VACATING THE 5-FOOT UTILITY EASEMENT IN THE REAR
YARD OF LOT 96 OF THE HAMMOCKS, AS RECORDED IN PLAT
BOOK 24, PAGE 49, OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA. 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 5-foot utility easement in the rear yard of Lot 96, The Hammocks, as depicted on the Plat
Map of Ocoee, Plat Book 24, Page 49 of the Public Records of Orange County, Florida, and a
survey depicting such easement areas to be abandoned and vacated is attached hereto as Exhibits
“A” and by this reference made a part hereof (the “Easement”); 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
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
Easements; 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 Easements. The City
Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in
and to the Easements depicted in Exhibit “A”.
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
3
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 _______________, 2025.
[SIGNATURES TO FOLLOW]
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
A-1
EXHIBIT “A”
(the “Easement”)
FIRST INSERTIONCITY OF OCOEE NOTICE OF PUBLIC HEARING TO CONSIDER THE ABANDONMENT AND VACATION OF THE 5-FOOT UTILITY EASEMENT IN THE REAR YARD OF THE PROPERTY LOCATED AT 859 HAMMOCKS DRIVECASE NUMBER: VAC-26-042
NOTICE IS HEREBY GIVEN, pursuant to Chapter 153, Article II of the Code of Ordinances of the City of Ocoee, that on TUESDAY, OCTOBER 20, 2026, at 6:15 P.M., or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers 1 North Bluford Avenue, Ocoee, Florida, to consider the abandonment and vacation of the 5-foot utility easement in the rear yard of the property located at 859 Hammocks Drive and to consider the adoption of the following resolution:A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDON-ING AND VACATING THE 5-FOOT UTILITY EASEMENT IN THE REAR YARD OF THE PROPERTY LOCATED AT 859 HAMMOCKS DRIVE; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.Interested parties may appear at the public hearing and be heard with respect to the proposed action. The complete case file, including a complete legal description by meets and bounds, may be inspected at the Ocoee Development Services Depart-ment located at 1 North Bluford Avenue, Ocoee, Florida, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. The Ocoee City Commission may continue the public hearing to other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times, and places of any continuation of these or continued public hearings shall be announced during the hearing, and no further notices regarding these matters will be published. You are advised that any person who desires to appeal any decision made at the public hear-ings will need a record of the proceedings and, for this purpose, may need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is based. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to par-ticipate in this proceeding should contact the City Clerk’s Office 48 hours in advance of the meeting at (407) 905-3105.October 8, 2026 26-03665W