HomeMy WebLinkAboutItem #06 Approval of Resolution to Dedicate a Portion of A.D. Mims Wastewater Treatment Facility Property to Public Right-of-Way to Provide Public Access to the Spring Lake Elementary Schoollk4
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florida
AGENDA ITEM COVER SHEET
Meeting Date: July 15, 2014
Item #
Reviewed By:
Contact Name: David A. Wheeler, P.E. Department Director:
Contact Number: 407 - 905 -3100, ext. 1504 City Manager:
Subject: Resolution to Dedicate a Portion of the A.D. Mims Wastewater Treatment Facility Property
to Public Right -of -Way to Provide Public Access to the Spring Lake Elementary School (District 1 —
Commissioner Grogan)
Background Summary:
During the planning stages to construct a new Spring Lake Elementary School on the property where the
existing school was located, City staff worked with the Orange County Public School (OCPS) staff to determine
a better way to spread out the vehicular traffic associated with the drop off and pick up of the students during
normal school hours. Originally, all parent drop off, pick up and all bus vehicles access the school from Spring
Lake Circle and off of Wurst Road. The school is located along the eastern boundary of its service area. The
majority of its service area is located north of Wurst Road. The best alternative both staffs developed was to
bring the parent drop off and pick up vehicles into the school property from north of the school property and off
of Sarah Lee Lane. All bus traffic would access the school property from the south off of Spring Lake Circle.
Parents will still be able to drop off their children on the south side of the school, but will not be allowed to enter
the school property.
Sixteen years ago, OCPS constructed a bus access drive into the school property from the north off of Sarah
Lee Lane. See the attached aerial photograph. The bus access was not used for long because of the size of
the OCPS buses and their inability to make the circle without climbing the curb and potentially hitting the nearby
portable classrooms. This access point was never dedicated to the public benefit as Public Right -of -Way.
With the new Spring Lake Elementary School set to open on August 18 of this year, OCPS has requested that
the new access into the school be on a public road. Therefore, staff has secured a legal description of the
portion of the A.D. Mims Wastewater Treatment Facility property that will become public benefit land as the
extension of Sarah Lee Lane. Public Works had the fence relocated to accommodate the new sidewalk for the
children that will be walking to the school from the north. See the attached photographs of the area. OCPS has
provided for 120 vehicles to queue on the school property for the afternoon pick up of the students. This is
actually more spaces than they have counted as an average over the past few years.
Issue:
Should the City dedicate a portion of the A.D. Mims Wastewater Treatment Facility property to public right -of-
way to provide public access to Spring Lake Elementary School?
Recommendations
The Engineering and Planning Departments recommend that the City Commission dedicate the identified
portion of the A.D. Mims Wastewater Treatment Facility property to be Public Right -of -Way for access to Spring
Lake Elementary School.
Attachments:
1) Aerial Photograph showing the Spring Lake Elementary School property and the surrounding portion of
the City
2) Photographs
3) Resolution
Financial Impact:
There is no financial impact to the City dedicating this portion of City property to public right -of -way.
Type of Item: (please mark with an `x')
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
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
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
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THIS INSTRUMENT PREPARED BY:
Robin G. Drage, Esq.
SHUFFIELD LOWMAN & WILSON, P.A.
1000 Legion Place, Suite 1700
Orlando, FL 32801
(407) 581 -9800
AFTER RECORDING RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 905 -3100
RESOLUTION NO.
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
PERTAINING TO THE DEDICATION OF A PORTION OF
THE A.D. MIMS WASTEWATER TREATMENT FACILITY
TO THE PUBLIC FOR RIGHT -OF -WAY PURPOSES;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Ocoee ( "City ") owns the A.D. Mims Wastewater
Treatment Facility (the "Facility ") located on Sarah Lee Lane; and
WHEREAS, the School Board of Orange County ( "OCPS ") owns certain real
property adjacent to the Facility (the "OOPS Property"); and
WHEREAS, OCPS recently constructed a new Spring Lake Elementary School
(the "School ") on the OCPS Property; and
WHEREAS, to facilitate traffic flow to and from the School, OCPS determined
that a public right -of -way access point to the School was needed; and
WHEREAS, OCPS requested that the City dedicate a portion of the Facility
property to the public for use as a public right -of -way to provide access to the School; and
WHEREAS, the City has determined that it is in the best interest of the public to
dedicate a portion of the Facility as shown on Exhibit "A" attached hereto and incorporated herein
by this reference (the "ROW Property ") to the use of the public for right -of -way purposes.
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 VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
SECTION 2. Dedication The ROW Property is hereby dedicated to the public
for right of way purposes.
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
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 20
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this _ day of , 20
SHUFFIELD LOWMAN & WILSON, P.A.
0
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
City Attorney
THIS INSTRUMENT PREPARED BY:
Robin G. Drage, Esq.
SHUFFIELD LOWMAN & WILSON, P.A.
1000 Legion Place, Suite 1700
Orlando, FL 32801
(407) 581 -9800
AFTER RECORDING RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 905 -3100
RESOLUTION NO.
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
PERTAINING TO THE DEDICATION OF A PORTION OF
THE A.D. MIMS WASTEWATER TREATMENT FACILITY
TO THE PUBLIC FOR RIGHT -OF -WAY PURPOSES;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Ocoee ( "City ") owns the A.D. Mims Wastewater
Treatment Facility (the "Facility "); and
WHEREAS, the School Board of Orange County ( "OCPS ") owns certain real
property adjacent to the Facility (the "OOPS Property "); and
WHEREAS, OCPS recently constructed a new Spring Lake Elementary School
(the "School ") on the OCPS Property; and
WHEREAS, to facilitate traffic flow to and from the School, OCPS determined
that a public right -of -way access point to the School was needed; and
WHEREAS, OCPS requested that the City dedicate a portion of the Facility
property to the public for use as a public right -of -way to provide access to the School; and
WHEREAS, the City has determined that it is in the best interest of the public to
dedicate a portion of the Facility as shown on Exhibit "A" attached hereto and incorporated herein
by this reference (the "ROW Property ") to the use of the public for right -of -way purposes.
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 VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
SECTION 2. Dedication The ROW Property is hereby dedicated to the public
for right of way purposes.
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
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 20
APPROVED:
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 , 20
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION
LEGAL DESCRIPTION:
A PORTION OF THE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3947, PAGE 735, OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 9, NANCY ANN WOODS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 10, PAGE 116, OF THE PUBLIC RECORDS OF ORANGE COUNTY FLORIDA; THENCE RUN N0932'06'W ALONG THE EAST LINE
OF SAID LOT 9 AND THE EAST RIGHT OF WAY UNE OF SARAH LEE LANE, A 60.00 FOOT PLATTED RIGHT OF WAY, ACCORDING TO
SAID PLAT OF NANCY ANN WOODS, A DISTANCE OF 167.73 FEET TO THE NORTHEAST CORNER OF SAID RIGHT OF WAY OF SARAH
LEE LANE; THENCE DEPARTING SAID EAST LINE OF LOT 9 AND EAST RIGHT OF WAY LINE OF SARAH LEE LANE, RUN THE
FOLLOWING FOUR (4) COURSES AND DISTANCES: N89'27'54 "E A DISTANCE OF 45.00 FEET; THENCE S00'32'06 "E A DISTANCE
OF 111.00 FEET; THENCE SO4'27'51"W A DISTANCE OF 57.41 FEET TO THE SOUTH UNE OF THE AFORESAID LANDS DESCRIBED
IN OFFICIAL RECORD BOOK 3947, PAGE 735; THENCE N89'52'33"W A DISTANCE OF 40.00 FEET ALONG SAID SOUTH UNE TO THE
POINT OF BEGINNING.
CONTAINING THERE IN 7,416 SQUARE FEET, MORE OR LESS.
SURVEYOR'S REPORT:
1. THIS LEGAL DESCRIPTION IS NOT VAUD UNLESS SIGNED AND EMBOSSED WITH A RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
2. THE LIMITS OF THIS LMUTY EASEMENT AREA IS AS DIRECTED BY THE CUENT.
3. THE LEGAL DESCRIPTION, SHOWN HEREON, WAS PREPARED BY THE SURVEYOR.
4. LANDS, SHOWN HEREON, WERE NOT RESEARCHED BY THIS FIRM FOR OWNERSHIP, EASEMENTS, RIGHT OF WAY OR OTHER
MATTERS IN THE PUBUC RECORDS THAT MAY AFFECT THESE LANDS.
5. BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF LOT 9, AS BEING NORTH 00'32'06" WEST.
6. BEARINGS AND COORDINATES SHOWN HEREON ARE RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM EAST ZONE
NORTH AMERICAN DATUM OF 1983/1990 ADJUSTMENT.
7. GRAPHIC SYMBOLS, SHOWN HEREON, MAY NOT BE TO MAP SCALE.
8. LAST DAY IN THE' FIELD: JUNE 26 2014,
9. THIS SKETCH OF DESCRIPTION IS HEREBY CERTIFIED TO: CITY OF OCOEE, FLORIDA.
10. THIS IS NOT A BOUNDARY SURVEY.
SURVEYOR'S CERTIFICATION:
THIS LEGAL DESCRIPTION WAS PREPARED UNDER MY DIRECTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE
AND BELIEF, THIS LEGAL DESCRIPTION WAS PERFORMED IN CONFORMANCE WITH THE "MINIMUM TECHNICAL STANDARDS FOR
SURVEYS" AS CONTAINED IN CHAPTER 5J -17, FLORIDA ADMINISTRATIVE CODE, PUR UANT TO FLORIDA 7ATqTE 472. � A
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WILUAM L MILLER, PLS D
FLORIDA SURVEYOR AND MAPPgi�LS 5010
BARNES FERLAND AND ASSOCIATES LB 7774
*NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER
THIS LEGAL DESCRIPTION CONSISTS OF 2 SHEETS
AND IS NOT COMPLETE WITHOUT SHEET 2 OF 2
JEWA l Con whrb b
"tom am m*00m im
CERTIFICATE OFAUTHORZATION: LB7774
SHEET
1 OF 2
LEGAL DESCRIPTION
CITY OF OCOEE
SECTION 9, TOWNSHIP 22 SOUTH, RANGE 28 EAST
SKETCH OF DESCRIPTION
N
1" =40'
LEGEND:
POS - POINT OF BEGINNING
PB - PLAT BOOK
»--- — — --- 980
PG = PAGE
CONC = CONCRETE
ORB - OFFICIAL RECORD BOOK
(M) — FIELD MEASUREMENT
(p) - PLAT MEASUREMENT
+I
CLF - CHAIN LINK FENCE
I N
LOT 8
N N89'27'54 "E
NE CORNER
45.00 THE CLF IS 0.7'E
SARAH LEE
OF THE CORNER
LANE
J
SARAH LEE
Lo
LANE
(60' RIGHT OF WAY) S00'32'06 "E 111.00'
EAST R/W LINE THE CONIC WALK IS 0 "5'W
OF THE PROPERTY LINE
+1 1
CITY OF OCOEE �
I 0 r ORB 3947, PG 735
r`
O co co tD
O Z NOT PLATTED
IN U n CONC WALK IS 2.7'Nz 0 0.2'W OF THE CORNER CD Z � O o LOT 9 C) O p CONIC WALK IS 0.4'W HE PROPERTY LINE Z f
C J Z 4'27'51 "W 57.41 < 6 SOUTH LINE
SE CORNER c�ORB 3947, PG 735
LOT 9 60 6
OC ALK IS 0.4'W p I
N89'52'33 " W 40.00' OF THE PROPERTY LINE o
SPRING LAKE ELEMENTARY SCHOOL""
THIS IS NOT A BOUNDARY SURVEY �^
THIS LEGAL. DESCRIPTION CONSISTS OF 2 SHEETS AND IS NOT COMPLETE WITHOUT SHEET I OF 2
.BJP,&SwhmmddCmtLkena LEGAL DESCRIPTION SHEET
BBnEE Fefer and CITY OF OCOEE 2 OF 2
ne,msrAw Mapcvtsslo SECTION 9, TOWNSHIP 22 SOUTH, RANGE 28 EAST
CERTIFICATE OF AUTHORIZATION: LB7774