HomeMy WebLinkAboutItem #10 Unnamed Road Right-of-Way Vacation Resolution
IA
" :' u_ li
AGENDA ITEM STAFF REPORT
Meeting Date: December 1, 2009
Item # JD
Contact Name:
Contact Number:
Antonio Fabre, AICP
407 -905-3100 x 1019
Reviewed By:
Department Director:
City Manager:
~
Subject: Unnamed Road Right-of-Way Vacation
Commission District # 3 - Rosemary Wilsen
Backaround Summary:
The subject unnamed fifteen (15) feet wide right-of-way runs in an east-west direction from the
easterly right-of-way line of Jacob Nathan Boulevard to the westerly right-of-way line of Clarke Road
as depicted on the attached Location Map. The subject right-of~way also lies between two vacant
commercial properties. The property to the north is programmed to be "Oaks Commerce Center"
development on Lot 1 of Goodman Centre subdivision and to the south is the proposed "Ocoee Town
Shops" development. This vacation is requested by the property owner to the south who will
incorporate it into the Ocoee Town Shops' property. Historically, the northern fifteen (15) feet of said
unnamed right-of-way was previously re-platted as part of Lot 1 of Goodman Centre.
Essentially, this is an old unimproved and unused paper roadway. The City will reserve a utility
easement over the subject right-of-way in connection with any existing or future utility. Likewise,
Progress Energy has also acquired an easement over the subject property for their existing and
future power line transmissions. All other affected utility companies have been contacted with no
objections received from said companies.
Finally, a Planning & Zoning Commission recommendation IS not required since the roadway is
neither a collector nor an arterial road.
Issue:
Should the Mayor and City Commissioners adopt a Resolution abandoning and vacating the right-of-
way for the fifteen (15) feet wide Unnamed Road?
STAFF RECOMMENDATION:
Staff has no objection to the vacation at the tifteen (15) teet wide "Unnamed Road", lying between the
easterly right-at-way line ot Jacob Nathan Boulevard and the westerly right-at-way line at Clarke Road,
subject to the City retaining a public utility easement over the vacated right-at-way.
Attachments:
Location Map;
Vacation Resolution.
Type of Item:
-L Public Hearing
Ordinance First Reading
Ordinance Second Reading
l Resolution
L Commission Approval
Discussion & Direction
For Clerk's Deot Use:
Consent Agenda
Public Hearing
_ Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
N/A
N/A
Unnamed Right of Way
Location Map
I ) ) , \
! i I \ \
I 1
I ~ ,
I I i I I
i I I I
I ! I I
I i
1- , I I
~_. -- ~ -- Matthew Paris Boulevard I
I
- - ,- I II
-0
ctl
0
0::: I
<Il
~
\ L-
ctl
~ -~ -..- C3 I !
I (/)
I
\
I , I
! I
\ j, I I I
\, - rl , - --T
1 I I
I I
L- I I
-0' ;
L-
ctl I
> I I
\ ~ I I
:J i
\ 0
I Iii I
I I
I
I
~I r --
I I I
.c, I I
0 1
I U
I ctl I
-, ,
( I i
,
I I
I I I
,
I I
\ "
I 1
,- .1 -- - , I I i
,
W Colonial Drive
- -- I - \
---I-- I
I I I ,
I I
I
I
I :
I , \
1 \
I
\
I I
I
I
I I
i I e
\
I i
I I
\ I
THIS INSTRUMENT PREPARED BY:
Dorothy E. Watson, Esq.
FOLEY & LARDNER LLP
III North Orange Avenue, Suite 1800
Orlando, FL 32801-2386
(407) 423-7656
AFTER RECORDING RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 905-3100
For Recording Purposes Only
RESOLUTION NO.
(Vacation of Right of Way Resolution for Unnamed Road)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING THAT PORTION OF THAT
CERTAIN UNNAMED FIFTEEN (15) FOOT WIDE UNIMPROVED
PUBLIC RIGHT OF WAY, LYING BETWEEN THE EASTERLY
RIGHT OF WAY LINE OF JACOB NATHAN BOULEVARD AND
THE WESTERLY RIGHT OF WAY LINE OF CLARKE ROAD AS
DEPICTED ON THE PLAT OF LAKE LOTTA GROVES, PLAT
BOOK E, PAGE 52 OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA, SAID RIGHT OF WAY LYING AND BEING
IN SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
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 that certain unnamed fifteen (15) foot wide unimproved public right of way, lying
between the easterly right of way line of Jacob Nathan Boulevard and the westerly right of way
line of Clarke Road as depicted on the Plat of Lake Lotta Groves, Plat Book E, Page 52 of the
Public Records of Orange County, Florida, said right of way lying and being in Section 21,
Township 22 South, Range 28 East, Orange County, Florida, a legal description of such right of
ORLA_1224627.1
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 northern fifteen (15) feet of said unnamed right of way was previously
replatted as part of Lot I of Goodman Centre pursuant to the plat thereof as recorded on
December 14,2005 in Plat Book 64, Page 7 of the Official Records of Orange County, Florida.
WHEREAS, the City Commission of the City of Ocoee desires to reserve a public utility
easement over, under and/or upon the Roadway in connection with existing or future utility
facilities as well as the right of ingress and egress in, over, under and/or upon a portion of 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(0)(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(0)(2) of the Code of the City of Ocoee, a
Notice of Public Hearing was published one (I) time in a newspaper of general circulation in the
City of Ocoee; and
A-2
ORLA_ 1224627.1
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:
SECTION 1.
Authoritv. The City Commission of the City of Ocoee has the
authority to adopt this Resolution pursuant to Article VIll 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
of Ocoee.
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 Utilitv Easement. The City of Ocoee hereby
reserves a public utility easement over, under and/or upon the Roadway, being fifteen (15) feet in
width, in connection with any existing or future utility extensions that may be 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
A-3
ORLA_ 1224627.1
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.
SECTION 6.
Effective Date. This Resolution shall become effective upon passage
and adoption.
PASSED AND ADOPTED this _____ day of
,2009.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2009
READ FIRST TIME AND ADOPTED
, 2009
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this _ day of ,2009.
A-4
ORLA_ 1224627.1
FOLEY & LARDNER LLP
By:
City Attorney
A-5
ORLA_ 1224627.1
I
EXHIBIT" A"
(The "Roadwav")
DESCRIPTION:
A PORTION SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY. FLORIDA, BElNG MORE
P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
ORANGE COUNTY, FLORIDA: THENCE ALONG THE SOUTH UNE OF THE SOUTHWEST QUARTER (SW 1/4) OF
SAID SECTION 21 NORTH 89'48'17" EAST, A DISTANCE OF 1323.70 FEET TO THE SOUTHERLY
PROLONGATION OF THE EAST RIGHT OF WAY OF JACOB NATHAN BOULEVARD; THENCE ALONG SAID
PROLONGATION AND ALONG EAST RIGHT OF WAY OF JACOB NATHAN BOULEVARD NORTH 00'11'09" WEST,
A DISTANCE OF 646.96 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID EAST RIGHT
OF WAY NORTH 0011'09. WEST, A DISTANCE OF 15.00 FEET TO A POINT ON THE SOUTH LINE OF LOT I,
GOODMAN CEN1RE, PLAT BOOK 64, PAGES 7&6; THENCE DEPARTING SAID EAST RIGHT OF WAY AND
ALONG SAID SOUTH LOT LINE OF LOT I, NORTH 89'50'23" EAST, A DISTANCE OF 248.28 FEET TO A
POINT ON THE WEST RIGHT OF WAY OF CLARKE ROAD; THENCE SOUTH 00'13'45" EAST ALONG SAID V.EST
RIGHT OF WAY A DISTANCE OF 15.00 FEET; THENCE DEPARTING SAID WEST RIGHT OF WAY AND ALONG
NORTH LINE OF TRACT 8, ORLANDO GROVES ASSOCIATION, LAKE LonA GROVES PLAT BOOK E. PAGE 52
RUN SOUTH 89'50'23" WEST, A DISTANCE OF 248.31 FEET TO THE POINT OF BEGINNING
CONTAINING 3,724 SQUARE FEET MORE OR LESS.
In accordance with cH-61 G17-6
of the Florldo Administrative Code,
this Description and Sketch of Description
beors the notation:
THIS IS NOT A SURVEY.
SHEET , OF 2
SEE SHEET 2 CF 2 FOR SKETCH
BEARINGS SHO\\fol HEREON ARE DI\SED ON lHE NORlH LINE
CF TRACT 8, AS BEING S 8g'~O'23. W, ASSUMED.
1\5M
--...-
I. THE SUR\'fVOR HAS NOr A!lS1RACTED lHE
LANO SHO~~' HEREeN FOR' EilSEJ>kJHS. RICHT
OF WAY, RtS1RJCTIDlIS OF' RECOil!) 'o'lHICH MAY
AFfECT lH~ TIll OR USE 01' llIf LAND
2. NO IUPRO\fl(04TS HAW- BaN l.OC...:',:1W.
3. NOT V~L10 W1lHO\JT lHE. SIGNATURE ANO
lHE ORIGINAL RAISf.O SEAL OF A FLORIOA
UCENSED SUR\f:YOR ANO "'APPER.
fu,T"'gRD~~k C~~~Jf ;~.2 PACES NOT
SKETCH OF DESCRIPTION
OF
15' RIGHT OF WAY
ORLANDO GROVES ASSOCIA TlON. LAKE LOTI A GROVES
ORANGE COUNlY A.ORIOA SECTION 21-22-26
OATl': ;-2~OB REVISED;
SCAU:. NIA
AP?ROVEJl BY: OliO
ORA Wtl BY: CHF
JOB NO. B092202.d"'9
AMERIC.A.N
SUR.VEYING
&MAPPING INC.
CERllF1CATlON Of AUniORlZATlON NUMBeR LB#63g)
\030 N. ORLANOO AVE, SUtlE B
",...oIlER PARK, rtORIOA 32789
(4a7) -426-,91i1
WW'N.AKRICANSURV'E)1NGAt.'OlrAAPPlNC.COM
P(U(j?uM~
DAVID M. De;I~'lO ~.. PSM 50.38
DATE: ~_ 26
A-I
ORLA_ 1224627.1
SKETCH OF DESCRIPTION:
\
\
\
\
1
1
,
..
<
;<
!i!
o
cr
.-.-
o,,;,i5 ~
~" ~.~
~~~ <
~ ~ ~ ~. ~U~~59~X4. ~
IllO"~ 00
.-a:l15 CIl -.-q
U 0 f3 rill
g ~ III ~ 8 ~ FlRC 1/2"
F!: ~ ~ Z lBN6;l9J
<f:i<
Z...l2 1
... )-1
:1;
~I'"
"",
~Ii:
w~
I;::
I~
'\tj2!!l~:!Z.~ ~~.~ J
T SOUtH UNE OF lliE SW 1/4
Of' se:CllON 21-22-28
POINT Of' COMMENCEI.lENT
FOUND NAlL & DISK
LB 12856 SW CORNER
OF SECllON 21-22-28
8
<
~
~
~
I
o
[' = 50'
GRAPHIC SCALE
Z5' SO'
ORLA_1224627.1
I
100'
lOT I
GOODMAN CENTRE
PLAT SOOK ~4. PACI;;S 7&8
N89'50'23"E...- SOUlli LINE OF lOT 1
UNNAMED ROAD
S89'50'23"W
~NOR1li LINE OF TRACT 8
TRACT 8.
ORLANDO GRO'<l:S ASSOCIATION.
LAKE LOTTA GROVES
PLAT BOOK E. PAGE 52
J.E:WIJl
cu C(:frtCRClE~ENT
~c P'tIJND!lt:IllKlOloHDCAP
lB UCDfSD) 8CJNUS
LS UCOIsm M\ltY':llt
P$Y PIlOFtSSICMAL.~StWAPf'O'
SHEH 2 OF 2
SEE SHEET 1 OF 2 fOR DESCRIPll0N
OATE: 9-25-08
SCALE' l' - 50'
APPRO'.EO BY: 0"0
DRAWN BY: ClIF
JOB NO. B092202.d.g
REVISED:
A-2
248.28'
1
I
FOUND 4'X4'
CM LS 15592
N. 0.5. E. 0.7
j-U
lCl.
....0
'",q
....1/}
0-
o
'"
)-)-
C<~
<;<~
o~~
o::~~
11.1"'<
~Q: s:
~~':2
u
NOT IMPRovro
t 5' RIGHT OF WAY
248.3"
F1~~a~
)-
I~
115
l~
It;
\~
1\5M
AIVIER.ICA.N
SUR.VEVING
&MAPPING INC.
cmnncA llON OF l\UlHORIZ,4 nON NUMBER LBI639J
1030 N. ORLANDO AVE. SU1'lE B
WINTER PARK, f'lOAIOA 327SQ
(407) 420-191'
Vf"MY.AUER!CANstJRVEYlNGANDUAPPlNG.COJ.l
O'f'lcu\.do
Copy of Public Hearing Advertisement
$'Q..Y\.t\~ \
Date Published
N 0 ve~'V\lxf-
D9
\q(WCq
Advertisement
interested parties may ap-
I ~~r b~t ~~gr~u~\\~ ~~~~~c~;
. to the proposed actions.
The complete case file, in-
I eluding a complete legal de-
scription by metes and
: bounds, may be inspected
'at the Ocoee Development,
Services Department, 150
North Lakeshare Drive,
.Ocaee, Florida, between the
hours of 8:00 a.m. and 5:op
~o~;' e~~~101~g'c:1r~~ft~a~~~-
The Cltv Commission may
continue the publiC hearings
to' other dates and times, as
It deems necessary. Any in.
terested party sholl 'bead,
vised that the dates, times,
and piaces of onv continua-
tion of, these or continued
~~~~~tJaJ~~~~rt~~ ~eg~:
ings and that. no furtber na-
l~~~s :~ra~i~~bti~fi~a. "Y~~
: are advised that any person
I who desires. to appeal anv
_ decision mode during the
, public hearings will need a
f record at the proceedings
and for this purpose may
need to ensure that 0 verba-
tim record of the proceed-
ings is made which includes
the testimony and eviden,e
upon which the appeal IS
r,~~~d ;,:e~I~agnSa~m~~~~b\~
parlicipale In anY of the
proceedings should' canlact
hhaeu;silrn C~a~k~~c~ff~7el~:
meellng at (401) 905-3105.
Beth Eikenberry, CItY Clerk
Thursday, November 19,
2009
COR1033402 lln9109