HomeMy WebLinkAboutItem #06 Disclaimer of Interest in Right of Way for Cumberland Avenue
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AGENDA ITEM COVER SHEET
Meeting Date: December 15, 2009
Item # (p
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Contact Name:
Contact Number:
Michael Rumer iIllL
Ext. 1 018
Reviewed By:
Department Director'
City Manager:
Subject: Disclaimer of Interest in Right of Way for Cumberland Avenue
Commission District 3 - Rusty Johnson
Background Summary:
The specific area ot the right-ot-way runs in a north-south direction between E. Geneva St. and the
vacated railroad right-of-way. In 1965, a request to disclaim interest in the northern portion ot the right-
ot-way was approved by resolution (see attached). This disclaimer request is proposed by all ot the
property owners that would benetit trom the action.
The paper right-ot-way does not contain utilities. All affected utility companies were contacted by staff.
No letters ot objection were received trom said companies.
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.
Issue:
Should the Mayor and City Commissioners adopt a resolution disclaiming any interest the City may
have in that portion ot Cumberland Avenue, a sixty (60) foot wide unimproved public right-ot-way, lying
between Geneva Street at the South and the vacated Atlantic Coastline right-ot-way at the North?
Recommendations:
Staff recommends the Mayor and City Commission approve Resolution 2009-008 Disclaiming any
interest in the sixty (60) toot wide unimproved public right-ot-way, lying between Geneva Street at the
South and the vacated Atlantic Coastline right-ot-way at the North.
Attachments:
Location Map
Aerial
Resolution 2009-008
Minutes ot Dcoee City Commission Regular Meeting held May 25, 1965
Type of Item: (please mark with an "x'J
~ Public Hearing
_ Ordinance First Reading
Ordinance Second Reading
X Resolution
X Commission Approval
Discussion & Direction
For Clerk's Deat 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 0
N/A
N/A
N/A
2
Proposed Cumberland Street Right-of-Way Vacate
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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 3476]
(407) 905-3] 00
For Recording Purposes Only
RESOLUTION NO. 2009-008
(Disclaimer ofInterest in Right of Way Resolution for Cumberland Avenue)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
DISCLAIMING ANY INTEREST THE CITY MA Y HAVE IN
THAT PORTION OF CUMBERLAND A VENUE, A SIXTY (60)
FOOT WIDE UNIMPROVED PUBLIC RIGHT OF WAY, LYING
BETWEEN GENEVA STREET AT THE SOUTH AND THE
VACATED ATLANTIC COASTLINE RIGHT OF WAY AT THE
NORTH, SAID RIGHT OF WAY LYING AND BEING IN SECTION
17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY,
FLORIDA; PROVIDING FOR RECORDATION; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to disclaim any and all
interest to that portion of Cumberland A venue, a sixty (60) foot wide unimproved public right of
way, lying between Geneva Street at the South and the vacated Atlantic Coastline Right of Way
as described in Official Records Book 4341, Page 3979 of the Public Records of Orange County
at the North, said right of way lying and being in Section 17, Township 22 South, Range 28 East,
Orange County, Florida, a legal description of such right of way to be disclaimed is attached
hereto as Exhibit "A" and by this reference made a part hereof(the "Roadway"); and
ORLA_1318656.1
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 (1) time in a newspaper of general circulation in the
City of Ocoee; and
WHEREAS, pursuant to Section 153-(0)(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.
Authority. 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
2
ORLA_1318656.1
Florida and Chapter 166, Florida Statutes, and A11icle II of Chapter 153 of the Code of the City
of Ocoee.
SECTION 2.
Disclaimer of Roadwav. The City Commission of the City of Ocoee,
Florida, hereby disclaims and renounces any rights in and to the Roadway.
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 the
conveyance of both the property described in Exhibit "B", attached hereto and by this reference
made a part hereof, from Roy Sanders and Victoria J. Sanders (together, "Sanders") to Kenneth
R. Wingate, Bonny Lee Wingate, Donald A. Wingate, and Carole P. Wingate (collectively.
"Wingate") and the property described in Exhibit "C", attached hereto and by this reference
made a part hereof, from Wingate to Sanders.
PASSED AND ADOPTED this _ day of
,2009.
,.,
-'
ORLA_1318656.1
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this _ day of ,2009.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_1318656.1
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED , 2009
READ FIRST TIME AND ADOPTED
, 2009
UNDER AGENDA ITEM NO.
4
EXHIBIT "A"
(The "Roadwav")
A-I
ORLA_1318656.1
EXHIBIT "B"
(The "Sanders Parcel")
2
ORLA_1318656.1
J
EXHIBIT "C"
(The "Wingate Parcel")
'"
-'
ORLA_1318656.1
-~
EXH 181T 8
SWAP FROM SANDERS TO WINGATE
THE WEST 50 FEET OF THE EAST 163 FEET OF LOT 17, BLOCK 4, TOWN OF
OCOEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK A,
PAGE 100 AND 101 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
C:\D~umonl. - selll"9'\Sh.....,\l.~ seUll\fISlTo;ompDfary Int_t Fi~enI.IE5\'TN6$QVWO\9W...P _FRO"_9ANOERS_ TD_VV!NGATElncloc
EXHIBIT" C
SWAP FROM WINGATE TO SANDERS
THAT PART OF LOTS 19 AND 20, BLOCK 4, LYING WEST OF THE RAILROAD,
LESS THE SOUTH 110 FEET OF SAID LOT 19, MAP OF OCOEE, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK A, PAGES 100 AND 101, OF
THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA
AND
THE EAST ONE-HALF (E ?/z) OF CUMBERLAND AVENUE, MAP OF OCOEE,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK A, PAGES
100 AND 101, OF THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA,
LYING WEST OF AND ADJACENT TO THE ABOVE DESCRIBED PART OF SAID
LOTS 19 AND 20, BLOCK 4.
C:\OoDll/ll9llCe end SDlHn;s\SllIron\lo...' SellIngI\TCnlporBrY tnternlll FH9iICoollll1L1ES\.1($1lt55R\SWAP _FROM_WINOATE..TO_SIINOl1:RSI11.1loe
EXH IBIT A
LAND DESCRIPTION
CUMBERLAND AVENUE VACATION
THAT PORTION OF CUMBERLAND AVENUE, LYING IN BLOCK 4, MAP OF OCOEE,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK A, PAGES
100 AND 101, OF THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA;
BEING BOUNDED ON THE SOUTH BY THE NORTH RIGHT-OF-WAY OF GENEVA
STREET; AND BEING BOUNDED ON THE NORTH BY THE WEST RIGHT-OF-WAY
OF THE VACATED RAILROAD AS DESCRIBED IN OFFICIAL RECORD BOOK 4341,
PAGE 3979 OF THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA.
PREPARED BY: PROJECT NO. 1299.001
CEMS CONSULTANTS, INC. OCTOBER 23, 2008
120 E. MAPLE STREET FILE: F:\WORDDOCS\LAND DESCRIPTIONS\CUMBERLAND VACATION.DOC
WINTER GARDEN, FL 34787 SHEET 1 OF 2 SHEETS
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SKETCH OF DESCRIPTION
CUMBERLAND AVENUE VACATION
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PORTION OF
CUMBERLAND AVE,
LYING IN BLOCK 4,
\ MAP OF OCOEE,
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E GENEVA 51
NORTH R/W OF
GENEVA ST
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LEGEND /ABBREVlA TIONS
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SCALE l' - 140'
PLA T BOOK
PAGE
RIGHT-OF-WAY
OFFICIAL RECORDS BOOK
WESTERL Y
EASTERLY
NOTES
1. THIS MAP IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAYS, EASEMENTS, OWNERSHIP. ADJOINERS,
OR OTHER INSTRUMENTS OF RECORD.
3. THIS IS NOT A BOUNDARY SURVEY.
WE HEREBY CERTIFY THAT THIS DRAWING MEETS THE MINIMUM TECHNICAL STANDARDS FOR
SURVEYING SET FORTH IN RULE 61 G17-6 OF THE FLORIDA ADMINISTRATIVE CODE ADOPTED BY THE FLORIDA BOARD
OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.02'h /JIJ Jj r
FOR THE FIRM BY: (~
FOR THE EXCLUSIVE BENEFIT OF: WILLIAM J BLACKHAM
THE CITY OF OCOEE ,~I I PROFESSIONAL LAND SURVEYOR
DATE:~23 O~ FLORIDA REGISTRATION NO. 4334
CADD FILE: N: \PROJDA TA \CUMBERLAND\CUMBERLAND.DWG
SHEET 2 OF 2 SHEETS
CEMS Consultants, Inc.
CIVIL ENGINEERING 0 MAPPING 0 SURVEYING
120 EAST MAPLE STREET
WINTER GARDEN, FLORIDA 34787
PROJ NO. 1299.001 (407) 877-7979 L.B. NO. 5257
r REVISION DATE DR FB/PG cK'
"- ORIGINAL ISSUE 10/23/08 WJB - j
MINUTES OF THE SPECIAL MEETING OF 'I'HE CITY
COUNCIL OF THE CITY OF OCOEE, FLORIDA HELD
MAY 25, 1965
Councilwaman Hager, Cauncilmen Paunds, Pattersan,
MayaI' Hawell Miller & Bracewell
Nane
" :'t~f:'
I3P~c1al meeting was called ta .order by Cauncilwaman Hager at
~P';'M. The meeting was called ta discuss the clasing .of the
ten~J.of Sauth Cumberland Avenue bardering the praperty of Mid-
',;H~uling Ca., Inc.
,
"',..F
lman Patters.on made a mati on t.o adopt the fallawing resalutian
~e"said st.reet:
~J.j.:s;'
RESOLUTION
A RESOLUTION OF THE CI1T OF OCOEE DISCL~I~UNG
ANY AND ~LL INTEREST TO THAT PORTION OF LAND
DESIGNATED AS CUMBERLAND STREET LYING NORTH OF
THE ATL~NTIC COASTLINE RIGHT OF WAY AND SOU'l'H
OF COLUMBUS STHEE'!' IN THE PLAT OF THE TOWN OF
OCOEE, AS SHOWS IN PLA. T BOOK "A ", PAGES 100-
101, PULBIC RECORDS OF ORI\NGE COUN'rY, FLORIDA.
BY THE CITY OF OCOEE, FLORIDA; THAT
:.J1:') \"HERE~S on the 20th day .of January, 1886, Plat .of
",.of Ocaee was recarded in Plat Baak "~II, Pages 100-101,
'Recards .of Orange Caunty, Flarida. And,
i'\
WHEREAS, in said plat certain area was designated as
nd Street. And,
i'lHEREAS, that area sa designated as Cumberland Street
or,th .of the right .of way .of the i\tlantic Caastline Railroad
\tth .of Cal umbus Street was never used by the City .of Oeaee .or
~as,ta street and that said dedicatinn .of the abave partian .of
~r.land Street is ineffective because ,~f the failure .of the City
co~e~,ta a c ce pt. the same. It is thereupan:
RESOLVED BY THE CITY COMMISSION OF OCOEE:
:;f'i"
;'.1
'~; 1. That that portion of land designated as Cumberland
teetj:Ln' Plat Baok -"1\ ", Pages 100-101, Public Records .of Orange
linty:f{Flarida, lying narth .of the A tlantie Caastline Railraad
'~~~~:9f'i:Way and South .of Calumbus Stree~ was nat and has never be~n
ee teclAby the City .of Ocaee, and the Cl ty of Dcoee daes hereby dlS-
"'y'and all interest in said land.
,
'~'" Passed by the City Canunissian .of the City .of Dcoee,
':':~~rhiS .0.tlL_..day .of May, A. D., 1965.
CITY OF OCOEE, F10RID~
."Cl',ty -l'-;(-eIUrl, .d...___._ BY:_
c1:~~ '. ----Mayor ----.---
~~/' I.J5?~~~~,__~'I.-0 ___, City ClerIc .of the City
e;;i:"Flarida, da hereby certify that the faregaing is a true and
p 'f'C9PY .of an Ordinance duly passed, in the above shown manner
'ed~egular meeting .of the Ci ty Commissian .of the City of Ocaee,
'HEJ,\{held at the City Hall Building, City .of Oeaee, Flarj,da, an
~xh"day .of May, 1\. D., 1965.
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Copy of Public Hearing Advertisement
Date Published
Of l(.i tv.lv .Sel1tl ne \
\\'1u('::;t\.a.<j \ vt(,;. 5, 1...{.()q
iff
Advertisement
NOTICE 1$ HEREBY GIVEN. pursu.
ant to Section 153. Article II
of the Code of the City of
~E~jfi\ Ir.~~ .m~o:.~..o~;
~~Isof~e t~i'"&~ftelivasc8Mar,W~:
SION will hold a PUBUC HEAR.
.ING at the Ocaee City Com-
mission Chambers, 150
North Lakeshore Orlve.
Ocoee. Florida. to consider
the vacatian of the right-of-
way of Cumberland Avenue
(Portlan) and to conslqer
the adoption of the following
resalution :.
A ;ESOLUTl~~':" OF. THE CITY OF
~~~E~NnOR10A' OISCLAIM~~~
HAVE IN CUM.
BERLAND puJ~~
FOOT WID EEN
RIGHT OF SOUTH
GENEVA S LANTIC
~~fs T mE
NORTII ~\~.
~4"r~.~~' i
Interesled.Porlle~ may ~p-
pear at Ihe publiC hearing
and, be heard 'Wllh' respect
10 'Ihe ,propose9 acllons.
The complete case fi Ie. in-
cluding a complete legal de-
scripllon by meles and
bounds. may be Inspecled
al the Ocoee. Development
Services Department" Plan.
~~~es~~vrli~g~lv~.O ONc~~~
Florida. between the . hours
of 8:00 a.m.. and 5:.00 p,m..
Monday Ihrou~h Friday, ex.
cept, !e~,~l ;~Ohd~VS.' 1~)
I The City Commission may
'conllnue the public hearings
. to olher dales and times. as
It deems necessary. Any In-
terested parIY shall ~ ad-
vised that the dates, limes.
and places of any c:on1inuo-
lion of these .or conllnued
publiC hearings shall be an-
naunced during Ihe hear.
ings and that no further nc-
lices regarding these mat-
lers will be published. Yoy
'are advised Ihat any person
who desires to app~al any
decision made dur 109 the
public hearingS wili ne<)d 0
\reCOrd of the proceedings
and for this purpose may
need to ensure thaI 0 verba.
tlm record of Irye eroceed-
logs is made wtuch .tneludes
. the teslimony and' eviden~e
upon which the appeal IS
based. Persons wi.lh dispbil-
ities needing assistance to
.parlicipale in any. oUhe
proceedln~s'"should contacl
1,hoeu~sllrn ~a~~~c~fl~fet~:
meeting at (407) 905-3105.
~ft~ a~~~nberrY.
OLS1036070 12/3/'lO09