HomeMy WebLinkAboutItem #08 Resolution Vacating Easement at 3460 Big Eagle Drive
AGENDA ITEM COVER SHEET
Meeting Date: July 18, 2006
Contact Name:
Contact Number:
Item #
Terry L. James ,j~'
407 -905-3100/1018
B
~~
Reviewed By:
Department Director:
City Manager:
SUbject: Drainage & Utility Easement Vacation/Abandonment V AC 06-002
3460 Big Eagle Drive
Applicant: Milton West
Background Summary:
This drainage and utility easement is located at 3460 Big Eagle Drive (Parcel ID # 31-21-28-2855-01-240), and
runs in an east-west direction on the property. The southern property line has been moved to facilitate the
subdivision of the property into two parcels. Another drainage easement has been dedicated to replace this
easement in order to maintain the overall drainage system within the area.
The affected utility companies and the St. Johns River Water Management District (SJRWMD) were notified of the
proposed action. There were no objections from the utilities or the SJRWMD. Under the procedures contained in
the Land Development Code, the Planning & Zoning Commission review was not required because this proposed
vacation and abandonment was less than the collector or arterial roadway threshold needed for a P&Z Commission
recommendation.
Issue:
Should the Mayor and City Commissioners adopt a resolution abandoning and vacating the drainage and utility
easement located on the southern boundary of the property located at 3460 Big Eagle Drive?
Recommendations
Staff recommends the mayor and City Commissioners adopt a Resolution abandoning and vacating the utility and
drainage easement located at 3460 Big Eagle Drive.
Attachments:
Location Map
Sketch of Description for the utility and drainage easement
Vacation and Abandonment Resolution
Financial Impact:
Type of Item: (please mark with an "x'?
~ Public Hearing
_ Ordinance First Reading
_ Ordinance Second Reading
X Resolution
_ Commission Approval
For Clerk's Deot Use:
_ Consent Agenda
_ Public Hearing
_ Regular Agenda
Discussion & Direction
_ 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
2
Commissioners
Gary Hood. District 1
Scott Anderson. District 2
Rusty Johnson. District 3
Joel Keller. District 4
Mayor
S, Scott Vandere-rift
City Manager
Robert Frank
STAFF REPORT
TO:
FROM:
DATE:
July 9, 2006
RE:
Drainage & Utility Easement V acation/ Abandonment V AC 06-002
3460 Big Eagle Drive
Applicant: Milton West
ISSUE
Should the Mayor and City Commissioners adopt a resolution abandoning and vacating the drainage and utility
easement located on the southern boundary of the property located at 3460 Big Eagle Drive?
BACKGROUNDIDISCUSSION
This drainage and utility easement is located at 3460 Big Eagle Drive (Parcel ID # 31-21-28-2855-01-240), and
runs in an east-west direction on the property. The southern property line has been moved to facilitate the
subdivision of the property into two parcels. Another drainage easement has been dedicated to replace this
easement in order to maintain the overall drainage system within the area.
The affected utility companies and the St. Johns River Water Management District (SJRWMD) were notified of
the proposed action. There were no objections from the utilities or the SJRWMD. Under the procedures
contained in the Land Development Code, the Planning & Zoning Commission review was not required because
this proposed vacation and abandonment was less than the collector or arterial roadway threshold needed for a
P&Z Commission recommendation.
RECOMMENDATION
Staff recommends the mayor and City Commissioners adopt a Resolution abandoning and vacating the utility
and drainage easement located at 3460 Big Eagle Drive.
Attachments
Location Map
Sketch of Description for the utility and drainage easement
1
Vacation and Abandonment Resolution
2
I
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Drainage & Utility Easement Vacation/Abandonment
3460 Big Eagle Drive
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V AC 06-002
Vacation & Abandonment Resolution
Pending
THIS INSTRUMENT PREPARED BY:
Nicholas N, Palmer, Esq,
FOLEY & LARDNERLLP
111 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 Utility and Drainage Easement - Forestbrooke Lots 123/124)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING THAT CERTAIN TEN (10)
FOOT WIDE UTILITY AND DRAINAGE EASEMENT LYING
FIVE (5) FEET ON EITHER SIDE OF THE LOT LINE BETWEEN
LOTS 123 AND 124 OF PHASE 1 OF THE FORESTBROOKE
SUBDIVISION, AS DEPICTED ON THE PLAT OF
FORESTBROOKE PHASE 1, RECORDED IN PLAT BOOK 53,
PAGE 124 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 certain ten (10) foot wide Utility and Drainage Easement lying five (5) feet on either side of
the lot line between Lots 123 and 124 of Phase 1 of the Forestbrooke Subdivision, as depicted on
the Plat of Forestbrooke, recorded in Plat Book 53, Page 124 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
ORLA_ 415963,1
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(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
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. Authoritv. 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
2
ORLA_ 415963,1
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 Easement.
The City
Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in
and to the 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.
Severabilitv. 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
,2006.
3
ORLA_ 415963,1
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 , 2006.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_ 415963,1
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED ,2006
READ FIRST TIME AND ADOPTED
, 2006
UNDER AGENDA ITEM NO.
4
. I
EXHIBIT "A"
(the "Easement")
A 10.00 FOOT UTILITY & DRAINAGE EASEMENT LYING 5.00 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED LINE:
BEGIN AT THE NORTHEAST CORNER OF LOT 123, FORESTBROOKE PHASE 1, AS
RECORDED IN PLAT BOOK 53, PAGES 124 THROUGH 129, PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA; THENCE RUN N 75016' 16" W ALONG THE SOUTH LINE
OF LOT 124 A DISTANCE OF 226.69 FEET; THENCE RUN N 81036'31" W ALONG SAID
ORIGINAL SOUTH LINE A DISTANCE OF 360.83 FEET TO THE APPROXIMATE EDGE
OF WATER PER SAID PLAT AND THE POINT OF TERMINUS.
A-I
ORLA_ 415963,1
o ~e ~)(.frv..
I+en--. B
Copy of Public Hearing Advertisement
Date Published
G4 Orlando Sentlneh
THURSDAY, JULY 6, 2006
CITY OF OCOH
NOTICE OF PUBUC
HEARING
TO CONSIDER THE VACATION/
ABANDONMENT OF THE UTlUTY
AND DR E EASEMENTON
THE PROP CATED AT 3460
BIG EAGLE
NOTICE IS HEREBY GIVEN. pursu-
ant to Sections 166,041 and
171.044, Florida Statutes and
Section 153, Article II of the
Code of the City of Ocoee,
that on TUESDAY. JULY 18. 2006.
thl OCOEE CITY COMMISSION
will hold a PUBUC HEARING "'
7:15 PM or as soon thereafter
as practical in the City
Commission Chambers at
150 North Lakeshore Drive,
Ocaee, Florida to consider
the adoption of the fallowing
resolution:
A RESOLUTION OF THE CITY OF
OCOEE. FLORIDA. ABANDONING
AND VACATING THAT CERTAIN
TEN 11 01 FOOT WIDE UTIUTY AND
DRAINAGE EASEMENlL YING AVE
(5) FEET ON EITHER SIDE GF THE
LDT UNE BElWEEN LOTS 123 AND
124 OF PHASE 1 OF THE FORREST-
raO~~E ~%IDWjfNb~~~ft:
BROOKE PHASE 1. RECORIIEII IN
PLAT BOOK 53. PAGE 124 OF THE
PUBL RECIIRDS OF ORANGE
C R.ORIIIA; PROVIDING FOR
R TION: PROVIDING FOR
SEVERABIUTY: PROVIDING AN EF-
FECTIVE DATE.
This action will vacate or
abandon the utility and
drainage easement located
at 3460 Big Eagle Drive. The
property's Parcel Identifi-
cation Number Is 31-21-28-
2855-01-240.
I nterested parties may ap-
pear at the public hearing
and be heard with respect to
the propOsed actions,
The complete case file, In-
ciuding a complete legal de-
scription by metes and
bounds, may be Inspected at
the Ocaee Community De.
velapment Department!
Planning Division located at
150 North Lakeshore Drive.
Ocoee, Fiorlda between the
hours of 8:00 a,m. and 5:00
p,m" Monday through Fri-
day, except legal holidays,
The City Commission mav
continue the pUblic hearing
to other dates and times, as
it deems necessary. Any in-
terested party shall be ad-
vised of the dates, times,
and places of any continua-
tion of this public hearing,
Any continuation shall be
announced during the hear-
Ing and no further notices
regarding these matters will
be published.
You are advised that any
person who desires to ap-
peal any decision made at
the publiC hearing will need
a. record of the proceedings
and for th.is purpose may
need to ensure that a verba,
tlm record of the proceed-
ings is made which includes
the testimony and evidence
upon which the appeai is
based,
Persons with disabilities
needing assistance to partie,
Ipate In any of these pro-
ceedings should contact the
City Clerk's Office 48 hours
in advance of the meeting at
407-905-3105,
Beth Eikenberry,
City Clerk
o LS6861891 J U L,6,2oo6