HomeMy WebLinkAboutItem #09 Maguire's Addition to Ocoee Un-named Right-of-Way Vacation
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AGENDA ITEM COVER SHEET
Meeting Date: July 06, 2010
Item # q
Contact Name:
Contact Number:
411/1..
Michael Rumer
Ext. 1018
Reviewed By:
Department Director:
City Manager:
Subject: Maguire's Addition To Ocoee Un-Named Right-of-Way Vacation
Commission District 2 - Rosemary Wilsen
Background Summary:
The specific area of the right-of-way runs in a North-South and East-West ("l" shaped) direction between Silver
Star road and lakewood Ave. The request is to only vacate and abandon the Northern 20 feet and the Western
20 feet of the un-named right-of-way.
The applicant Zabeeda Persaud, has encountered issues regarding dwelling and driveway location in the past.
At issue is whether or not the right-of-way has been vacated. Three (3) different surveys and one (1) title
opinion each indicate the right-of-way was vacated. Staff conducted research and found that in 1962, the City
Commission meeting minutes for the November 20th meeting (see attachment) states the Commission passed a
motion to close the right-of-way permanently. Staff could not locate the official agenda for the meeting to
determine if the item was meant to vacate and abandon as the City Clerk only retains the meeting minutes.
The right-of-way contains an existing Progress Energy distribution facility in the form of over head power lines
running through the East-West portion of the platted right-of-way. Progress Energy also does not recognize the
right-of-way as being vacated and initially objected to the proposed vacate. Progress Energy has asked for
each property owner to sign a private distribution easement with them before a vacation occurs. The applicant
and City staff attempted to contact all other surrounding property owners that abut the un-named right-of-way to
discuss joining in the vacation and abandonment effort. No other property owner responded, so staff has
proceeded with a partial vacation.
Profess Energy and the applicant have entered into a private Distribution Easement, so Progress Energy does
not object to the vacation of this portion of the right-of-way. All other affected utility companies were contacted
by staff. No letters of objection were received from said companies.
This roadway is not an arterial or collector. Since the roadway is neither an arterial nor a collector road, a
Planning & Zoning Commission recommendation is not required.
Issue:
Should the Mayor and City Commissioners adopt the resolution vacating and abandoning the Northern 20 feet
of the 40 feet wide un-named right-of-way and Western 20 feet of the 40 feet wide un-named right-of-way in the
subdivision platted as Maguire's Addition to Ocoee?
Recommendations:
Staff recommends the Mayor and City Commission approve the Resolution vacating and abandoning the
Northern 20 feet of the 40 feet wide un-named right-of-way and Western 20 feet of the 40 feet wide un-named
right-of-way in the subdivision platted as Maguire's Addition to Ocoee.
Attachments:
Location Map
Boundary Survey
Aerial
Plat
Resolution 2010
Minutes of Ocoee City Commission Regular Meeting held November 20, 1962
Type of Item: (please mark with an "x'j
X Public Hearing
Ordinance First Reading
Ordinance Second Reading
X Resolution
X 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 0
N/A
N/A
N/A
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MAP OF SURVEY
BOUNDARY &- TOPOGRAPHIC
fJESCRIPTION (O.R.B. 3593, PACE 858)
lOT 3, NACUIRE'S AlJfJITION TO OCOEE, ACCORfJINC TO THE
PlAT THEREOF AS RECORfJEfJ IN PlAT BOOK C, PACE 10,
PUBIJC RECORfJS OF OIWlCE COUNTY, J'lORIfJA, TOCETHER
IfITH AlJJACENT ABANfJONEfJ STREET RICHT OF IfAY TO
SOUTH ANfJ EAST. TOTAl PARCEL BEINC 70 FEET EAST ANfJ
"EST ANfJ 140 FEET NORTH ANfJ SOUTH.
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SOOVEY //Ores:
_ SETBACK REatJIREHEIITS ARE AS FOLLOIfS:
FRONT-25. 00 .
SIDES' 7.50'
REAR- 25.00'
FRaHT' 50.00' OFF OF SILVER STAR ROAO
_ ElEVATIONS SHOHH HEREON ARE BASED ON
ORANGE COl.f/TY DATlIH.
_ BEARINGS SHOIiN HEREOtI ARE CAW ~! TH:
NORTH LINE OF THE SOIITI/lICST 1/4 OF SEC.
17, T. 22 E. R3B S. BEING 588.44'2O'E.
_ LAIIOS SHOIIN /lEREON HERE //OT ABSTRACTED
FOR EASEHEHTS. RIGHT-OF-HAYS. OR ADJ(lIIIERS
OF RECORD.
_ 1.IIDERGR0UMl UTILITIES. FO(}l/OA TIOHS. OR OTHER
STRUCTURES HERE //OT lOCATEO BY THIS SURVEY.
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I HEREBY CERTIFY THAT THE SKETCH OF OESCRIPTION
SHOflN I'FRliON IS IN ACCORDANCE filTH THE TECHNICAL
STANDARDS AS S=T FORTH BY Tt!: BOARD OF
PROFESSIONAL LANO SURvErORS III CHAPTER 61GI7-6.
FLORIDA AD/(INISTRATIVE CDOE. pU!lSUAH~TO S CTION
472.027, FLORIOA STA TES. "..-
C./ .
NO. 3904
JAMES T. WATSON NO. 6151
FLORIDA REGISTERED LAND SURVEYOR AND /lAPPER. HOT
VALIO IIITHOUT THE SIGNA TURE & Tt!: ORIGINAL RAlSEO
SEAL OF A FLORIOA LICENSEO SURVEyOR AND IlAPPER.
ACCORDING TO THE FEDERAL EHEF/GENCY HANAGEHEHT
AGENCY FIRH /lAP //0. 12095C 0210 E. EFFECTIVE.
12/06/2000. THE PROPERTY DESCRIBED ~ON
APPEARS TO LIE IN ZOHE 'X'. .
C.H. - CONCRETI! HOHLHENT
P. T. - POINT OF TANGENCY
P.C. - POINT OF CURVATURE
U.E. - urrn.lTY EJ.SEJtENT
D.E. - DRAINAGE EASElCEHT
C & G - CURB & GUTTER
R/H - RIGHT OF itA r
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PROJECT INFORMATION
JOB NO. 52343
DRAWN BY: ZG
REVIEWED BY:
FRANKLIN, HART &- REID
CIVIL ENGINEERS - LAND SURVEYORS
1368 EAST VINE STREET. KISSIMMEE. FL 34744
PHONE 846-1216 FAX 846-0037
CERTIFICATE NO. LB 6605
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AFTER RECORDING RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 905-3100
RESOLUTION NO.
(Partial Vacation of Right of Way Resolution for Un-Named Right-of-Way for Maguire's Addition
to Ocoee )
For Recording Purposes Only
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING THAT NORTHERN 20 FOOT
PORTION OF THE 40 FOOT UN-NAMED EAST-WEST RIGHT-
OF-WAY LYING SOUTH OF LOTS 1,2, AND 3 AND NORTH OF
LOTS 7, 8, 9, AND 10, MAGUIRES ADDITION TO OCOEE,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK G, PAGE 10, OF THE PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA. TOGETHER WITH THAT
WESTERN 20 FOOT PORTION OF THE 40 FOOT UN-NAMED
NORTH-SOUTH RIGHT-OF-WAY LYING EAST OF LOT 3 AND
WEST OF LOTS 4, 5, AND 6 OF SAID MAGUIRE'S ADDITION
TO OCOEE, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK G, PAGE 10, 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
that twenty (20) foot portion of the North forty (40) foot wide un-named East-West public right-
of-way, lying South of Lots I, 2 and 3 and North of Lots 7, 8, 9, and 10, as depicted on the Plat
of Maguire's Addition to Ocoee, Plat Book G, Pages 10 of the Public Records of Orange County,
Florida, together with that Westerly twenty (20) foot portion of the forty (40) foot wide un-
named North-South right-of-way lying East of Lot 3 and West of Lots 4,5 & 6 of said Maguire's
Addition to Ocoee. 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 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
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. Recordation. A certified copy of this Resolution shall be tiled 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
,2010.
3
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED ,2010
READ FIRST TIME AND ADOPTED
,2010
UNDER AGENDA ITEM NO.
4
EXHIBIT "A"
(the "Roadway")
THAT NORTHERN 20 FOOT PORTION OF THE 40 FOOT UN-NAMED EAST-WEST
RIGHT-OF-WAY LYING SOUTH OF LOTS 1,2, AND 3 AND NORTH OF LOTS 7, 8, 9,
AND 10, MAGUIRES ADDITION TO OCOEE, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK G, PAGE 10, OF THE PUBLIC RECORDS
OF ORANGE COUNTY, FLORIDA. TOGETHER WITH THAT WESTERN 20 FOOT
PORTION OF THE 40 FOOT UN-NAMED NORTH-SOUTH RIGHT-OF-WAY LYING
EAST OF LOT 3 AND WEST OF LOTS 4, 5, AND 6 OF SAID MAGUIRE'S ADDITION
TO OCOEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK G, PAGE 10, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA
A-I
~IINUTES OF TilE REGULAR 1"EETIIW OF THE CITY
COUNCIL OF THE CITY OF OCOEE, FLOlnDA HELD
NOVEMBER 20, 1962
Present: Councilmen: Freeman, Jl1nrsden, Pounds, lI.1zellief and Reid
I.layor Howell
Absent: None
The meeting \.ms called to order by Councilman Reid ,It 1.):00 P.l.:.
The minutes of the last regular meeting held November 6, 1962
and the speci"l meetings held November 7, 1962 and ;;fovember 1),
1962 were read and approved.
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Councilman Freeman made a motion thnt C01lllcil <lpprove the follo\"lin"
bills. Councilman ~larsdel seconded the motion. Voted und carried.":>
(A) FRON GENERAL FUND:
L. i"l. i'lood - water dep. ref.
Board of County Comm.
O. G. Smith - Water Dept.
Elzie \'lilliams - I'later Dapt.
Billy Johnson - i'later Dept.
Ocoee Volunteer Fire Dept.
1<1rs. David Henry - Refund on moving dirt
Sam Oliver - Water Dept.
Otis Hensley - Santo Dept.
Will Gray - Santo Dept.
George Harper - St. Dept.
I.lelvin Smith - St. Dept.
Dennie Oliver - St. Dept.
H. C. Wade - St. Dept.
Roy Richards - St. Dept.
Barbara Mills - Fees
James Jernigan - Santo Dept.
Jack Rewis - Vl1lter dep. ref.
L. R. Durrance - water dep. ref.
V. 1\. Cabaniss - water dep. ref.
Paul Packard - water dep. ref.
Glenn Joiner & Son
W. H. Wurst Agency
Everson-Ross Co., Inc.
Lakeland Truck Equip.
Richardson Tractor Co.
Puritan Chemical Co.
Graybar Electric Co.
Davis Meter &. Supply Co.
rt:. &. I.i. i'/elding
Atlantic Chemicals
Florida Steel Corp.
Bowness Service Station
Orlando Pairing Co.
Winter Garden LumberCo.
F. & R. Office Supply
Board of Connty COlTllll.
Spring Lake Service 5ta.
Hood Tractor Co.
Badger Meter Mfg. Co.
Anderson Electric REbuilders
Sargent-SoHell, Inc.
Pounds r.'Jotor Co.
Colonial Corners
John n. Nevlsom
Holler Motors, Inc.
Owens Service Station
The Bray Hardware
Engels
Florida i-'letal Craft, Inc.
Saine Co., Inc.
Central Florida fire Equip.
Modern Stationery
Pounds Pharmacy
Mid-Florida Gas Co.
~rary Hinds
Florida Telephone Corp.
Johns-Nanvlle,
Barbara Mills - Fees
Sam Oliver - ;'later Dept.
O. G. Smith - 'dater Dept.
J. I. Jernigan - Santo Dept.
7.50
87.50
75.08
32.70
32.70
25.00
10.00
163.66
5/~ .12
55.22
49.52
54.12
54.02
:>5.22
54.12
7.00
53.)6
7.50
7.50
7.50
5.00
65.7J
10.00
2.98
71. 66
1;9.64
132 .64
1/~7. 59
312.24
129.60
l(J6.50
63.86
656.59
e1.GO
19.50
7.20
8/~.00
6.00
64.12
/~60. ,/0
hO.23
/~. 94
10.19
15.00
28.68
74.0$
10.00
19.28
74.85
5.00
7.08
7.95
5.85
26.57
).8;;
21.70
1~7 .92
2,623.00
8.00
81.8)
75.08
5) .36
Councilrr.an Freeman me.de <l Illotion to vlrite Fred Flc,nigan th,H. his
taxes are to be paid by hpril 1st., 196) or they ',Iill be turned
over to our City Attorney for collection. Councilman l,!arsden
seconded the motion. Councilmen Free/llnn, r.'larsden and H<1zellief
voted YES. No no's. Carried unanimously.
Councilm<ln Freerr.an made a n:otion to change the street by the
shopping center, a continuation of' the Silver Star Rond, fl'om
a 48 foot street to <1 1~6 foot street, vlhi ch \'Iill reduce the
bid price $450.00. Councilman ~~r5den seconded the motion.
Councilmen Freeman I l.iarsden, Ilnzellief and Pounds voted YES
No no's. Carried unanimously.
Councilman Freerr.<1n made a motion to close street L in l.:aguires
Addition to Ocoee permanently. Counciln.an 1'.1.rsden seconded the
motion. Councilmen Freer.lan, llarsden, Pounds and Hazullief
voted YES. No no's. Carried unnnimously.
Councilman llazellief WIl e ue to nv n
Health Department to send a repre~entntive to Ocoee twice
each v/eek. Councilrr.an l,:arsden seconded the motion. Council-
men Freeman, If;arsden, Pounds and Hazellief voted YES. i'~o
no's. Carried unanilr.ollsly.
Councilman Pounds made a motion to pay dues for the Or[In8:e Coun\..y
Fireman's Association. Co:mcilman ~1arsden seconded the 1Il0tion.
Councilmen Pounds, l';arsden, Freeman <,nd lI<lzellief voted YES.
no no's. Carried unanimously.
Councilman tf;arsden made a motion to Pl'Y Field I s Grocery Bill
for the Political supper. Councilman lo'ree~lan seconded the
motion. COllnci Imen r.;arsden, Freerj:an, Iln zelli ef ond Founds
voted YES. No no's. Carried unanimously.
I
A committee of 1.,<1:,'01' Raymond Hm'lell, Councilmen Pounds and
P.azellief and Billy l'1nltby and Jirmny Vandererift \'185 appointed
co determine some use of the unfinished bnrn.
Councilman Freeman rr.ade a rr.otion to donate $500.00 to the Clcoee
Youth and Recreation Center. Councilman t':ursden seconded the
motion. Counciln~ell Freeman I r.larsden, I!nzellief <<nrl Pounds
voted Yes. No no's. Carried unanimously.
There being no further business Councilman Freemun IIlDde 9-
motion to adjourn this meeting. Councilman l!;,lrsden seconded the
motion. Thereupon Council adjourned ct 9:50 P.M.
Attest:
/~L?a/I/Lr- '7l7{(t?,?
Cler,(
//!- ~.,
-' /'-}->- -< -'
. .Yesident o' Co ncil
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Copy of Public Hearing Advertisement
Date Published
Thuf5.do...", J Ju.n-e 624 :20 )D
/ J -
Advertisement
LD 0 11 (1\es
S'c eft, c
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
TO CONSIDER THE RIGHT-OF~WAYVACATION
OF UNNAMED STREET (PORTION), '
MAGUIRE'S ADDmON TO OCOEE
. PROJECT NO.: VAC-05-006 .
NOTICE IS HEREBY GIVEN, pursuant to Section 153, Article II of the Code
ofthe City ofOcoee, that on TUESDAY, JULY 6,2010, at 7:15 p,m~, or as
soon thereafter as practical, the OCOEE CITY COMMISSION will hold a
PUBLIC HEARING at the Ocoee City Commission Chambers, 150 North
Lakeshore Drive, Ocoee, Florida, to consider the vacation of the right-of-way
of Unnamed Street (Portion), Maguire's Addition to Ocoee and to consider
the adoption of the following resolution:. .
A RESOLUfION OF 'mE CITY OF OCOEE, FLORIDA, ABANDONING
AND VACATING THAT NORTHERN 20 FOOT PORTION OF THE 40
FOOT UN-NAMED EAST-WEST RIGHT-OF-WAY LYING SOUfH OF
LOTS 1, 2, AND 3 AND NORTH OF LOTS 7, 8,9, AND 10, MAGUIRES
ADDITION TO OCOEE, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK G, PAGE 10, OF THE PUBLIC RECORDS
OF ORANGE COUNTY, FLORIDA. TOGETHER WITH THAT WEST-
ERN 20 FOOT PORTION OF THE 40 FOOT UN-NAMED NORTH-
SOUTH RIGHT-OF-WAY LYING EAST OF LOT 3 AND WEST OF LOTS
4,5, AND 6 OF SAID MAGUIRE'S AI?DmON TO OCOEE, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK G, PAGE 10,
OF THE PUBLIC RECORDS OF ORANGE COUNTY, fJA)RIDA; PRO-
VIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE. .
Interested parties may appear at the public hearing and be heard with re-
spect to the proposed actions.
The complete case file, including a complete legal description by me~es and
bounds, may be inspected at the Ocoee Development Services Department,
Planning Division, 150 North Lakeshore Drive, Ocoee, Florida, between the
hours of 8 :00 a.m. and 5 :00 p.m., Monday through Friday, except legal hol-
idays. .
. The City Commission may continue the publh:- hearing to other dates and
times, as it deems necessary. Any interested party shall be advised that the
dates, times, and. places of any cgntinuation of these or continued public
hearings shall be announced during the bearings and that no further notices
regarding these matters will be published. You are advised that any person
who desires to appeal any decision made during the public hearings 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 Amer-
icans with Disabilities Act, persons needing a special accommodation or an
interpreter to participate in this proceeding should contact the City Clerk's
Office 48 hours in advance of the meeting at (407) 905-3105.
June 24, 2010 " 10~1650W