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Home My WebLink AboutItem #04 Approval of Partial Vacancy of Utility Easement AGENDA ITEM STAFF REPORT Meeting Date: June 3, 2008 Item # 4 Contact Name: Contact Number: /J1/2 Michael Rumer, Principal Planner 407 -905-3100/1018 Reviewed By: Department Director: City Manager: UW=c Subject: Partial Utility Easement Vacate/Abandonment VAC 08-013 1'161 Coastal Circle Applicant: William and Pamela Smith Commission District # 2 - Scott Anderson ISSUE: Should the Honorable Mayor and City Commissioners adopt a resolution abandoning and vacating a portion of 15 foot Utility Easement located on the rear boundary of the property located at 1161 Coastal Circle? BACKGROUND SUMMARY: The 15 foot utility easement is located at the rear of Lot 5, Admiral Pointe, Phase II, recorded in Plat Book 41, Pages 79,80 and 81, also described as 1161 Coastal Circle (17-22-28-0020-00-050), The applicant is proposing to construct a pool and Spa that will encroach portions of a platted rear 15 foot Utility Easement that contains an 8" sanitary sewer line, The 8" sanitary sewer line runs along the south and west side property lines of the applicant's lot (see aerial), The applicant has coordinated the design of the pool and the proposed easement vacation area with the City Engineer to maintain a 15 foot setback from the pool edge, All affected utility companies were notified and staff received letters of no objection from said companies, STAFF RECOMMENDATION: Staff recommends the Mayor and City Commissioners adopt a Resolution abandoning and vacating the portion of the Utility Easement depicted on the sketch and description located at 1161 Coastal Circle, Attachments: Location Map Aerial Site Plan Vacation and Abandonment Resolution Sketch of Description Photos of Area Financial Impact: None, .1 Type of Item: (please mark with an "x'J x Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Deat Use: Consent Agenda Public Hearing _ Regular Agenda x Original DocumenUContract Attached for Execution by City Clerk Original DocumenUContract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by N/A X N/A N/A 1161 oastal ircle Utility Easement Vacate e :J r/ ~ I ,sz ! ~ ~ r j ( - ,-,I ~ J 'll J f r ~ E Cl al e- '5 '" ~Cl't- ttlj:::-W ~.. 'g:o 1!!~~+ J!J:t6~ ~ + III Cl 15 0 ~o 3:;:::-b~ i$r;~ o I I: I ~:~&> ,=<~:t i I , : ~ 2' . J '::> l! ~ If ~ ,S! d::i ! l!! :J j f .5 ~ .... ~ Sl ~ j r I ~i ; i~,~~ ~ I!'OU" 0 !ij; i ~EO _ E 'fi/~"~ ~ ;!li=8 ~ f ~ f 00 ~ .,Go AFTER RECORDING RETURN TO: Beth Eikenberry, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 (407) 905-3100 RESOLUTION NO. For Recording Purposes Only (Vacating a Portion of Rear 15' Utility Easement for Lot 5, Admiral Pointe Phase II) A RESOLUL TION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING A PORTION OF AN EXISTING 15 FOOT UTILITY EASEMENT ON THE REAR OF LOT 5, ADMIRAL POINTE, PHASE II, RECORDED IN PLAT BOOK 41, PAGES 79, 80 AND 81 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, CITY OF OCOEE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 5, ADMIRAL POINTE, PHASE II; THENCE ALONG THE NORTH LINE OF SAID LOT 5 RUN S 72023'32" E, 6.30 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTH LINE RUN S 72023'32" E, 9.46 FEET; THENCE DEPARTING SAID NORTH LINE RUN S 00015'55" E, 55.04 FEET; THENCE RUN N 51036'20" W, 11.53 FEET; THENCE RUN N 00015'55" W, 50.74 FEET TO THE POINT OF BEGINNING; 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 the rear (15) foot wide Utility Easement located on the western rear lot line of Lot 5 Admiral Pointe Phase II, as depicted on the Plat of Map of Ocoee, Plat Book 41 A, Pages 79,80 and 81 of the Public Records of Orange County, Florida, a legal description of such easement to be abandoned and vacated is attached hereto as Exhibit "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 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 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 Easement and all owners of the property within three hundred (300) feet in all directions of the Easement; and WHEREAS, pursuant to Section 153-13(D)(2) of the Code 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 Lot containing the Easement; 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 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 the City ofOcoee, 2 SECTION 2. Abandonment and Vacation of the Easement. The City Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to the portion of Easement. 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. PASSED AND ADOPTED this _ day of ,2008, 3 ATTEST: Beth Eikenberry, City Clerk (SEAL) APPROVED: CITY OF OCOEE, FLORIDA S, Scott Vandergrift, Mayor ADVERTISED , 2005 READ FIRST TIME AND ADOPTED ,2005 UNDER AGENDA ITEM NO. 4 EXHIBIT" A" (the" Easement") COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 5, ADMIRAL POINTE, PHASE II; THENCE ALONG THE NORTH LINE OF SAID LOT 5 RUN S 72023'32" E, 6.30 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTH LINE RUN S 72023'32" E, 9.46 FEET; THENCE DEPARTING SAID NORTH LINE RUN S 00015'55" E, 55.04 FEET; THENCE RUN N 51036'20" W, 11.53 FEET; THENCE RUN N 00015'55" W, 50.74 FEET TO THE POINT OF BEGINNING, A-1 LOT 5, ADMIRAL POINTE PHASE II SKETCH AND DESCRIPTION VACA TlNG A PORTION OF REAR 15' UTILITY EASEMENT (THIS IS NOT A SURVEY) POINT OF COMMENCEMENT NW CORNER, LOT 5 :h, c:::J ~~ III -- (.N:::O -01 :h,- . r-- -U G>'lJ ~C) 0__ '-"<: ~ @ S 72"23'32" E 9.46' @ S 00.15'55" E 55,04' PORTION OF EXISTING @ N 51.36'20" W 11,53' 15' EASEMENT TO BE CB> N 00.15'55" W 50,74' VACA TED 7~ IS' U,E. / , c. ...... S /'> ..... <:?~'~ ~C ...... NOR , Tf.! ~ ..... 28.26' OT ~/Nc ~...../ 6 @ D EXISTING RESIDENCE 5 N 89'44'05" E 110.37' (NR.) 4 l::J. = 14'45'49" R = 250,00' L = 64,42' C8 = N 10'13'34" E ? SURVEYORS NOTES: 1, NOT VALID WITHOUT THE SIGNA TURE AND THE RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, 15 30 I ( IN FEET inch = 30 ft. 2, THE BEARINGS SHOWN HEREON ARE BASED ON THE Vrf'ST LINE OF LOT 5. ADMIRAL POINTE, PHASE II. HA VlNG A BEARING OF N 00'15'55" W. PER RECORD PLA T. 3, THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WA Y. EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD BY mls FIRM, GRAPHIC SC ALE SEE SHEET 2 FOR LEGAL DESCRIPTiON 5-73-2008 SHEET 7 OF 2 FILE, AP-05,DWG PROJECT: 99068 Associated Land Surveying & Mapping, Inc. 110 WYMORE ROAD, SUITE 111, ALTAMONTE SPRINGS, FLORIDA 32714 PH (407) 869-5002, FAX (407) 869-8393 CERTIFICATE OF AUTHORIZATION # LB 6767 LOT 5, ADMIRAL POINTE PHASE II SKETCH AND DESCRIPTION VACA TlNG A PORTION OF REAR 15' UTILITY EASEMENT (THIS IS NOT A SURVEY) A PORTION OF AN EXISTING 75 FOOT UTILITY EASEMENT ON THE REAR OF LOT 5, ADMIRAL POINT, PHASE II, RECORDED IN PLA T BOOK 47, PAGES 79, 80 AND 87 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, CITY OF OCOEE, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTHWEST CORNER OF SAID LOT 5, ADMIRAL POINTE, PHASE II; THENCE ALONG THE NORTH LINE OF SAID LOT 5 RUN S 72"23'32" E, 6.30 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTH LINE RUN S 72"23'32" E, 9,46 FEET,' THENCE DEPARTING SAID NORTH LINE RUN S 00.75'55" E, 55,04 FEET,' THENCE RUN N 57"36'20" W. 77,53 FEET.' THENCE RUN N 00.75'55" W. 50.74 FEET TO THE POINT OF BEGINNING, CONTAINING 476,0 SQUARE FEET, MORE OR LESS, FlLC AP~05,D we SEE SHEET 2 FOR SKETCH 5~73~2008 PROJECT. 99068 SHEET 7 OF 2 PREPARED BY: ASSOCIA TED LAND SURVEYING & MAPPING, INC SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE DA VID M. McDERMOTT FLORIDA REG/STERED SURVEYOR AND MAPPER CERT/FlCA TE No 4779 Associated Land Surveying &- Mapping, Inc. 110 WYMORE ROAD, SUITE 111, ALTAMONTE SPRINGS, FLORIDA 32714 PH (407) 869-5002, FAX (407) 869-8393 CERTIFICATE OF AUTHORIZATION # LB 6767 Copy of Public Hearing Advertisement Date Published I f3 Ov~ ~f\~ Public Hearing Notices NOTICE IS HEREBY GIVEN, pur- suant to Section 1S3, Article II of the Code of the CIIY of Ocoee, that on TUESDAY, JUNE lh~ffe~5 ,m" or, a\~~ OCOEE CITY N wi II hold 0 PUB INO at the Ocoee CI y ommissian Chambers, 1SO North Lake, shore Drive, Ocoee, Fiori, do, to consider the partial vocation of on ulility ease, ment located on the proper, ty at 1161 Coostal Circle and to consider the adoption of the following resalullan: This action will vocate or abandon 0 port of the ulility t~~~r~~~lr{?eca1-~~ g~o~~: ty'S Parcel Identification 'Number is 17,22-28-0020-00, 050, Interested parties may ap, pear ot tile public hearing and be heard with respect to the proposed actions, The complete case file, in, eluding 0 complete legal de- scription bY metes and bounds, may be inspected at the Ocoee Community Development Deportment, 150 North Lakeshore Drive, Ocoee, Florida, between the hours of 8:00 a,m. and 5:00 p,m" M"onday through Fri- day, except legal holidaYs, \hun; ~ M.ctd '"U.- - ?- 00 <l Advertisement The City CommIssion' may continue the publlcheorlngs to other dotes and limes, os it deems necessary, Any in- t~rested parIY sholl be ad, Vised that the dotes, times, and places of any continua- tion of these or continued pubUc he,arlnQs sha. U be an. I! nounced dunng the hear- ings and that no further no- lices regarding these mat. ters will be pubnshed, You are advised that any person who, <Ieslres,ta appeal any i ~~~I~a~ee~i~~~~y,~I~~Jh~ ' record of tlTe proceedings and far this purpose may nee:! to. ensure that a. verba- IIm'recard of the proceed- ings is mode which includes the testimony and. evidence I UPon which the appeal Is ~~,;ePe~~n~~l~a~~bft I .participate in on.y lit the praceedin~s should contact h~eU(5ifr~ a~~~~ffdlet~ meeting at (407) \105.3105, Betll Eiken~, City Clerk )LS72J9<l8 5i22IlllI