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Home My WebLink AboutItem #05 Approval of Right-of-Way Vacation ~ ... AGENDA ITEM STAFF REPORT Meeting Date: June 3, 2008 Item # S- Department Director: City Manager: Contact Name: Contact Number: '/'f}/L.. Michael Rumer, Principal Planner 407-905-3100 x 1018 Reviewed By: Subject: Washington Street Right-of-Way Vacation Commission District 2 - Scott Anderson ISSUE: Should the Mayor and City Commissioners adopt a resolution abandoning and vacating the right-ot- way tor E. Washington Street? BACKGROUND SUMMARY: The right-ot-way runs in an east-west direction between S, Lakewood Avenue and Blutord Avenue, This vacation is proposed by all ot the property owners that would benetit trom the vacation. Jasbir Kalsi owns the property on the north side and Edwin R. Ivy owns the property on the south side ot the rig ht -ot -way, The right-ot-way contains a 10" water main running through a portion ot the north 30 teet ot the 60 toot platted rig ht-ot-way , It the right-ot-way is vacated, the City will retain a Utility Easement over the north 30 teet ot the right-ot-way, All other affected utility companies were contacted by staff, No letters ot objection were received trom said companies, In 1981, a request to vacate this portion ot the right-ot-way was made by Edwin Ivy, The City Commission decided to not vacate the right-ot-way, but rather approved a motion to close the right- ot-way to vehicular and pedestrian traffic, In 2005, the portion ot Washington Street on the west side ot Blutord Avenue was vacated in conjunction with the Foote Property subdivision plan. This roadway is not an arterial or collector. Since the roadway is neither a collector nor an arterial road, a Planning & Zoning Commission recommendation is not required, STAFF RECOMMENDATION: Staff has no objection to the vacation of E. Washington Street with a 30 foot Utility Easement remaining on the northern 30 feet. Attachments: Location Map Aerial Vacation Resolution Minutes of Ocoee City Commission Regular Meeting held June 16, 1981 Type of Item: ~ Public Hearing Ordinance First Reading Ordinance Second Reading L Resolution Commission Approval Discussion & Direction For Clerl<'s DeDf Use: Consent Agenda Public Hearing _ Regular Agenda 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 N/A N/A Proposed E. Washington Street Right-of-Way Vacate ~ - LL I ~ II II I" 111:1 I I V 1- - - - III II ~ 4i I ~- o~ I - c - rx: - 0 ~ I:: I~ DELA\VARE a '---' ~ I ~ ~ ~:= ~ 7TH I-- I---- '-- 1---- ~ EN. ERPRISE e ~~~~ .... ...... ~ E. Washington Street T ROW Vacate I 1~ - LAKE STARKE nDIAMnn ~ ~ u.. ..J ..J <( :I: en rx: <( :E w ~ -( Hb~MldAS 111---- r.nIIlMRI __(I:: AI-- \ 7 ~ -- ~ >-\ ---( ~ I I ~ It_ I \ ~ L! ~ ~ ~ = ~ ~ re t= ..~ Ni _---( - =r <Ii ~ ~ <( ~ I ~ - I--- ---, _ f-- _ SAB Al ='- -r--c~\ ,...---I \ h Yf T l I I GENEVAI I I I \\ ~ ~ II II II; \D '\ \ \\ \ ~.. ~ , " ,.J ~ .(~~ .....-:.....~,.t1. ':". '?'-r. ,'$\ .., . .t' ~~i.i.""~~ ~c . "" '_., e ... ,~' f"'" ~'~\_I.~ ~ .~ . J 'tl ' ,..-J!' _ . , t.. AFTER RECORDING RETURN TO: Beth Eikenberry, City Clerk CITY OF OCOEE 150 N, Lakeshore Drive Ocoee, FL 34761 (407) 905-3100 RESOLUTION NO. (Vacation of Right of Way Resolution for E. Washington Street) For Recording Purposes Only A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THAT PORTION OF E. WASHINGTON STREET, A SIXTY (60) FOOT WIDE PUBLIC RIGHT OF WAY, LYING BETWEEN THE EASTERLY RIGHT OF WAY LINE OF S. BLUFORD AVENUE AND THE WESTERLY RIGHT OF WAY LINE OF S. LAKEWOOD AVENUE AS DEPICTED ON THE PLAT OF MAP OF OCOEE, PLAT BOOK A, PAGES 100 AND 101 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; PROVIDING FOR THE 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 that portion of Washington Street, a sixty (60) foot wide public right of way, lying between the easterly right of way line of S, Bluford Avenue and the westerly right of way line of S. Lakewood Avenue, as depicted on the Plat of Map of Ocoee, Plat Book A, Pages 100 and 101 of the Public Records of Orange County, Florida, a legal description of such right of way to be abandoned and vacated is attached hereto as Exhibit "A" and by this reference made a part hereof (the "Roadway"); and WHEREAS, the City Commission of the City of Ocoee desires to reserve a public utility easement over, under and/or upon the north thirty (30) feet of the Roadway in connection with existing utility facilities as well as the right of ingress and egress in, over, under and/or upon the Roadway for the purpose of maintaining said utilities and any other utilities that may now or hereafter be located in, over, under and/or upon the Roadway; 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 Roadway and all owners of the property within three hundred (300) feet in all directions of the Roadway; 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 Roadway; 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: 2 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, SECTION 2. Abandonment and Vacation of the Roadwav. Subject to the provision of Section 3 set forth below, the City Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to the Roadway, SECTION 3. Reservation of Public Utility Easement. The City of Ocoee hereby reserves a public utility easement over, under and/or upon the north thirty (30) feet of the Roadway in connection with any existing utilities located in the Roadway and any other utilities that may now or hereafter be located in, over under and/or upon the Roadway; 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 Roadway for the purpose of maintaining said utilities and any other utilities that may now or hereafter be located in, over, under and/or upon the Roadway, SECTION 4. 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 5. 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, 3 SECTION 6. Effective Date, This Resolution shall become effective upon passage and adoption, PASSED AND ADOPTED this _ day of ,2008, 4 ATTEST: Beth Eikenberry, City Clerk (SEAL) APPROVED: CITY OF OCOEE, FLORIDA S, Scott Vandergrift, Mayor ADVERTISED ,2008 READ FIRST TIME AND ADOPTED , 2008 UNDER AGENDA ITEM NO. 5 EXHIBIT "A" (the "Roadway") All that portion of E, Washington Street, a sixty (60) foot wide public right of way, lying between the easterly right of way line of S, Bluford Avenue and the westerly right of way line of S, Lakewood Avenue, as depicted on the Plat of Map of Ocoee, Plat Book A, Pages 100 and 101 of the Public Records of Orange County, Florida, A-I MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD JUNE 16, 1981 CALL TO ORDER Mayor Freeman called the regular meeting of Ocoee City Commission Lo o~der at 7:31 P.M.in the commission chambers and led those present in the pledge of allegiance to the flag. Present were Commissioners Hager, Lyle, Stinnett and Whitehead; City Manager Vignetti, City Attorney Rhodes; and Clerk Grafton. 2 JUNE 81 MINUTES APPROVED Minutes of the regular meeting held 2 June 81 were approved as read. 9 JUNE 81 PLANNING AND ZONING MINUTES READ Minutes of the Planning and Zoning Board meeting held 9 June 81 were read for information only. ORDINANCE: HARBOUR HEIGHTS ZONING CHANGE FROM R3 to R1AA COmrnQssioner Stinnett moved to read by title only for the 2nd reading and Public Hearing the ordinance to change the zoning for Harbour Heights from R3 to R1AA. Commissioner Whitehead seconded and vote was unanimous in favor. There were no comments from the audience. Upon a motion by Commissioner Lyle and second by Commissioner Hager, Commissioners voted unanimously to pass the ordinance. ORDINANCE:127 ACRES SOUTH OF ADMIMS ROAD ZONING CHANGE FROM R1MA, R1M to R3 Commissioner Hager moved to read by title only for the 1st reading of the ordinance changing zoning from R1AAA, R1AA to R3 for 127 acres South of A.D. Mims Road. Commissioner Lyle seconded and vote was unanimous in favor. ORDINANCE: rvATER CONNECTION FEES Commissioner Whitehead moved to read by title only for the 2nd reading and Public Hearing for the ordinance establishing new water connection fees. Comndssioner Stinnett seconded and vote was unanimous in favor. There were no comments from the audience. Commissioner Lyle moved to pass the ordinance effective June 15, 1981. commissioner Stinnett seconded and vote was unanimous in favor. ORDINANCE:VACATING PUBLIC SERVICE EASEMENT PIONEER KEY PARK #1 Commissioner Whitehead moved to read by title only for the 1st reading ordinance vacating the public service easement in Pioneer Key Park #1. Stinnett seconded and vote was unanimous in favor. of the corrunissioner ORDINANCE:CREATING CODE ENFORCEMENT BOARD Commissioner Hager moved to read by title only for the 2nd reading and Public Hearing for the ordinance creating a Code Enforcement Board. Commissioner Lyle seconded and vote was unanimous in favor. .> IVY REQUEST TO CLOSE WASHINGTON STREET In response to Mrs. Edwin Ivy's request to close Washington Street, and acting on advice of City AttorneYRhoae~ Commissioner Stinnett moved to close Washington Street to vehicular and pedestrian traffic. Commissioner Lyle seconded with provision that Mrs. Ivy put up fence and her own expense, and that the fence can come down when City desires so. Vote was Lyle and Stinnett: yea; Whitehead: Nay; Hager would not vote without reading Mrs. Ivy's abstract. Mayor Freeman voted yea to break tie. Con Hager stated that this action was subject to the findings when titles are researched. THE FOREST SUBDIVISION PLANS APPROVED Commissioner Stinnett moved to approve plans for 182 lots in Forest Subdivision whict were presented by City Engineer Walter Kuhrt pending resolution of drainage problem. COmrnQssioner Whitehead seconded and vote was unanimous in favor. Copy of Public Hearing Advertisement Date Published f'"> ~<lf'\+1 neJ THURSDAY, MAY 22, 2008 F3 Advertisement CITY NOTICE OF TO RIGHT.OF. EASTW PlI0JE NOTICE IS HEREBY GIVEN, pur, suant to Section 153, Article gcg~~~h~~~~ ~~gR~.it1u~ 1 2008. ,t 1:1~ p.m., or as soon thereafter as practical, the OCOEE CITY COMMIS. SION will hold a PUBLIC HEARING at the Ocaee City Commission Cham- bers, 15a..Narth Lakeshore Drive, Ocoee, Florida, to consider the vacation of the rlght'af,woy of East Washington Street and to consider the adoption of the fallowing resolution: Interested porties may ap- pear at the public hearing and be heard with respect to the proposed actions. ~1~~i~~"6P~~~pT~t~e I~~gl j~: scription bY metes and bounds. may be inspected at the Ocoee Community Oevelopment Deportment, 150 North Lakeshore Drive, Occee, Florida, between the hours of 8:00 a,m, and 5:00 p,m" MondaY througH Fri, day, except )egal holidays. The City Commission may continue the public hearings to other dotes and times, as it deems necessary, Any in- terested portv shall be ad. vised that the dates, times, and places of any continua., tian of these or continued public hearings shall be an- nounced during the hear- ings and that no further no, tlces regarding these mot. ters will be published: You are advised that any person who desi res to appea I any decision made during the public hearings will need a record of the proceedings and lor this purpose may need to ensure that 0 verbo- tim record of the proceed, Ings is mode,which includes the testimony and evidence upon which the appeal is based, Persons with disabil- ities needing assistance to g~6J~~:!1~~~ ~~o~~y c~~tbhc~ h~eu~;trn Cd~~k~~c~ffdfet~: meeting at (.t07) 905,3105, Beth Eikenberry, City Clerk OLS723'152 5fl2I08