HomeMy WebLinkAboutItem #11a Vacation of Right-of-Way Resolution for Azalea Ranch Lane and a Portion of Johio Shores Road, Ocoee Landings PUD t J
Ocoee
florida
AGENDA ITEM STAFF REPORT
Meeting Date: June 7, 2016
Item #
Reviewed By:
Contact Name: J. Antonio Fabre, AICP Department Director:
Contact Number: 407-905-3100/1019 City Manager: jor/
Subject: Vacation of Right-of-Way Resolution for ����
Azalea Ranch Lane and a Portion of Johio Shores Road
Case#VAC-15-023
Commission District#4—Joel F. Keller
Background/Summary:
The Azalea Ranch Lane right-of-way runs in an east-west direction, generally between Johio Bay Drive and
W. Silver Star Road (SR 438) and more precisely described as, lying south of lots 10, 9, 8, 7, 6, 5 & Tract A,
of the "Johio Bay" residential subdivision. Azalea Ranch Lane is unimproved and vegetative with a mixture of
matured trees. In addition, the adjacent Johio Shores Road portion, mostly running in a north-south direction,
is also requested for vacation. This portion of Johio Shores Road is the remnant portion of when Johio Shores
Road was realigned with W. Silver Star Road (SR 438). Currently, it is improved with a roadway ending on a
cul-de-sac; however, this portion of roadway is not being utilized for any public access.
This vacation request is petitioned by the applicant/owner of the Ocoee Landings PUD. The Ocoee Landings
PUD is proposed to develop the subject right-of-way vacates for increasing the rear-yards of residential home
lots along the northern portion of the PUD, and for an open space/park, a small portion of the water retention
area, and a portion of the subdivision's cul-de-sac along the eastern portion of the PUD. The Ocoee Landings
PUD calls for removal of this existing roadway portion and properly terminating it with a roadway apron for
maintenance vehicle access.
All affected utility providers were contacted by staff. Originally, two (2) utility providers (Duke Energy & Lake
Apopka Natural Gas) had issues; but, the Applicant has resolved their concerns. Therefore, there is no
objection from any said providers at this time. Both roadways are not classified either arterials or collectors.
Since both roadways are neither a collector nor arterial roadways, a Planning & Zoning Commission
recommendation is not required.
Issue:
Should the Mayor and City Commissioners adopt a resolution abandoning and vacating the rights-of-way of
Azalea Ranch Lane and a Portion of Johio Shores Road?
Staff Recommendation:
Staff has no objection to the abandoning and vacating of the rights-of-way of Azalea Ranch Lane and a
Portion of Johio Shores Road.
Attachments:
Location Map;
Aerial Map;
Abandonment/Vacation Resolution.
Financial Impact:
None.
Type of Item : (please mark with an "x")
X Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading )( Public Hearing
X Resolution Regular Agenda
X 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 N/A
Reviewed by Finance Dept. X N/A
Reviewed by ( ) N/A
Location Map for VAC-15-023
ROW Vacate for a Portion of Johio Shores Road
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ROW Vacate for a Portion of Johio Shores Road
& Azalea Ranch Lane
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1
AFTER RECORDING RETURN TO:
Beth Eikenberry,City Clerk
CITY OF OCOEE
150 N.Lakeshore Drive
Ocoee,FL 34761
(407)905-3100
RESOLUTION NO. For Recording Purposes Only
(Vacation of Right of Way Resolution for Azalea Ranch Lane and a portion of Johio Shores Road)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING A SIXTY (60) FOOT WIDE
PUBLIC RIGHT OF WAY KNOWN AS AZALEA RANCH LANE
LYING SOUTH OF LOTS 10, 9, 8, 7, 6, 5 & TRACT A,JOHIO BAY
SUBDIVISION, BEING BOUNDED TO THE EAST BY THE WEST
RIGHT OF WAY LINE OF JOHIO SHORES ROAD AND BEING
BOUNDED TO THE WEST BY THE EASTERLY LINE OF THE
VACATED AZELEA RANCH LANE; AND ABANDONING AND
VACATING A PORTION OF SIXTY (60) FOOT WIDE PUBLIC
RIGHT OF WAY KNOWN AS JOHIO SHORES ROAD, BEING
BOUNDED TO THE NORTH BY NORTHERLY LINE OF
AZELEA RANCH LANE AND BEING BOUNDED TO THE
SOUTH BY NORTH RIGHT OF WAY LINE OF W. SILVER STAR
ROAD (SR 438), ALL BEING PART OF LAKE JOHIO SHORES, A
PORTION OF SECTION 16, TOWNSHIP 22 SOUTH, RANCH 28
EAST, PER PLAT BOOK Q, PAGE 54, 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 portion of Azalea Ranch Lane, a sixty (60) foot wide public right of way, lying south of lots
10, 9, 8, 7, 6, 5 & Tract A, Johio Bay Subdivision, being bounded to the east by the west right-of-
way line of Johio shores ROAD and being bounded to the west by the easterly line of the
Vacated Azelea Ranch Lane, as depicted on the Plat of Lake Johio Shores, Plat Book Q, Page 54
of the Public Records of Orange County, Florida, 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 A"); and
WHEREAS, the City Commission of the City of Ocoee desires to abandon and vacate
that portion of Johio Shores Road, a sixty (60) foot wide public right-of-way, being bounded to
the north by the northerly line of Azelea Ranch Lane and being bounded to the south by the north
right-of-way line of W. Silver Star Road (SR 438), as depicted on the Plat of Lake Johio Shores,
Plat Book Q, Page 54 of the Public Records of Orange County, Florida, a legal description of
such right-of-way to be abandoned and vacated is attached hereto as Exhibit "B" and by this
reference made a part hereof(the "Roadway B"); 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
A-2
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 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 Roadway. 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 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 passage
and adoption.
A-3
PASSED AND ADOPTED this day of , 2016.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Beth Eikenberry, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED ,2016
READ FIRST TIME AND ADOPTED
,2016
UNDER AGENDA ITEM NO. .
A-4
EXHIBIT "A"
(the"Roadway A")
A-1
DESCRIPTION:
A PORTION OF AZALEA RANCH LANE, A 60' WIDE RIGHT OF WAY PER THE PLAT OF LAKE JOHIO
SHORES, RECORDED IN PLAT BOOK Q, PAGE 54, PUBUC RECORDS OF ORANGE COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT SOUTHEAST CORNER OF TRACT "A", JOHIO BAY SUBDIVISION, RECORDED IN PLAT BOOK 28,
PAGE 3, PUBUC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE ALONG THE EXTENDED WEST RIGHT
OF WAY UNE OF JOHIO SHORES DRIVE RUN SOUTH 00'24'30" WEST. A DISTANCE OF 60.00 FEET;
THENCE DEPARTING SAID EAST EXTENDED RIGHT OF WAY UNE AND ALONG THE SOUTH RIGHT OF WAY
UNE OF AZALEA RANCH LANE, RUN NORTH 901)0100" WEST, A DISTANCE OF 598.73 FEET; THENCE
DEPARTING SAID SOUTH RIGHT OF WAY UNE, RUN NORTH 0024129" EAST, A DISTANCE OF 60.00 FEET
TO A POINT ON THE NORTH RIGHT OF WAY UNE OF SAID AZALEA RANCH LANE; THENCE ALONG SAID
NORTH RIGHT OF WAY UNE RUN NORTH 90'00'00" EAST, A DISTANCE OF 598.73 FEET TO THE POINT
OF BEGINNING.
CONTAINING 35,911 SQUARE FEET OR 0.82 ACRES, MORE OR LESS.
THIS IS A SKETCH AND DESCRIPTION
AND IS NOT A SURVEY, AS SUCH. SHEET 1 OF 2
SEE SHEETS 2 OF 2 FOR SKETCH
BEARINGS SHOWN HEREON ARE BASED ON THE WEST 1. THE SURVEYOR HAS NOT ABSTRACTED THE
RIGHT OF WAY UNE OF J01-110 SHORES DRIVE AS BEING LAND SHOWN HEREON FOR EASEMENTS, RIGHT
5007430"W. PER PLAT. OF WAY. RESTRICTIONS OF RECORD MATCH MAY
SKETCH OF DESCRIPTION AFFECT THE TITLE USE OF THE LAND
2. NO I • > > • ,vE BEEN LOCATED.
OF 3. NOT V/ALIp'1i iiu.•�,� i 41UTHEN11C
1 RI ,. AUTHENTIC
PROPOSED VACATING PORTION OF AZALEA RANCH LANE l RI - �i'�ICENSED
LAKE JOH1GSHORES ED- a , �' �O ://
PLAT BOOK Q,PAGE 54 J �'� T CONS O� 13AGES NOT
ORANGE COUNTY. FLORIDA SECTION 16-22-28 A M E R 1 CA Ni FULICC . e�ALL--, ,i
DATE: 06-23-15 REVISED: :�• 1 Z%
SOUP. N/A COMMENTS PER cuENT SURVEYING , ' x
APPROVED BY: _ 03-20-16 & MAPPING INC. '�o; STTe of Jill:
DRAW eY c IF CERTIFICATION OF AU1HORIZA,ION NUMBER L11.8393 r I :_•'
3181 MAGUIRE BOULEVARD, stmt:200
JOB NO. Q403/4031102 AZALEA ORLANDO,, FLORIDA 32803 JAI.4ES` t ,6485
BRANCH LANE SOD.dwg WW LAMERICAli 10111N=APPINacOM _ DATE , r �'%
SKETCH OF DESCRIPTION:
PROPOSED VACATING PORTION OF
AZALEA RANCH LANE
LAKE JOHIO SHORES
PLAT BOOK Q,PAGE 54
ORANGE COUNTY,FLORIDA
SECTION 16-22-28
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LOT 31 ='
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1 I I 1 I I ' ;
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,.� �`` LOT 10 LOT 9 I LOT 8 LOT 7 I LOT 6 I LOT 5 I TRACT O '
/ `4 r I ' IO BAY
' SU MSION I
MARCH WR l COURT) 59/'00'00"E P 8 28. PAtiE b I 11 J 598.73'
PRIVATE ROADWAY: I AZALEA RANCH LANE `4NORTH RIGHT OF WAY UN
1 �- --- --N00'24'29"E 60' RIGHT OF WAY PER POINT OF BEGINNING
60.00' LAKE JOHIO SHORES SOUTHEAST CORNER 0
P.B. Q. PAGE 54 SOUTH RIGHT of WAY LINE TRACT "A" 00 ' ly I
N90"00'00'W 598.73' N 0''
1 LOT 14 '
Vow JOHIO SHORES I ail
51S P.B. EL PAGE 54 r r 0_
et a I
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1" = 100'
GRrPHI? SCALE I SHEET SHEET 2 OF 2
0 SQ' 100' SEE S 1 OF 2 FOR DESCRIPTION
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LEGEND: DATE: A M E R I C A N
REVISED:
IUENTS PER CET S U RV EY I NIG P.9. PLAT BOOK om. 1" - 100'
Ps PAGES
05-20-18 & MAPPING INC.
APPROVED BY: DRH
GHF CERTIFICATION OF AUTHORIZATION NUMBER LB/16393
DRAWN BY: MITI MAGUIRE BOULEVARD. SURE 200
J08 N0. ORLANDO, FLORIDA 32803
42 i
NWW.AM 4 1NGAN GANDMAPPING.CC I
EXHIBIT "B"
(the "Roadway B")
A-2
DESCRIPTION:
A PORTION OF JOHIO SHORE DRIVE, ALSO KNOWN AS COUNTY ROAD, LAKE JOHIO SHORES, RECORDED
IN PLAT BOOK Q, PAGE 54, PUBUC RECORDS OF ORANGE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT SOUTHEAST CORNER OF TRACT "A", JOHIO BAY SUBDIVISION, RECORDED IN PLAT BOOK 28,
PAGE 3, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE NORTH 90'00'00" EAST, A
DISTANCE OF 81.70 FEET; THENCE SOUTH 00'24'40" WEST, A DISTANCE OF 213.54 FEET; THENCE
SOUTH 4819'05" EAST, A DISTANCE OF 78.74 FEET TO A POINT ON A NON TANGENT CURVE
CONCAVE NORTHWESTERLY, BEING ALSO A POINT ON THE NORTH RIGHT OF WAY UNE STATE ROAD
438, HAVING A RADIUS OF 828.74 FEET, A CENTRAL ANGLE OF 12'45'53" AND A CHORD DISTANCE
OF 184.25 FEET WHICH BEARS SOUTH 5016'20" WEST; THENCE RUN SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE, AND ALONG THE NORTH RIGHT OF WAY UNE OF STATE ROAD 438, A
DISTANCE OF 184.63 FEET TO A POINT ON SAID CURVE; THENCE DEPARTING SAID NORTH RIGHT OF
WAY UNE OF SAID STATE ROAD 438, RUN NORTH 00'24'30" EAST, A DISTANCE OF 383.67 FEET TO
THE POINT OF BEGINNING.
CONTAINING 32,196 SQUARE FEET OR 0.74 ACRES, MORE OR LESS.
THIS IS A SKETCH AND DESCRIPTION
AND IS NOT A SURVEY, AS SUCH. SHEET 1 OF 2
SEE SHEETS 2 OF 2 FOR SKETCH
BEARINGS SHOVM HEREON ARE BASED ON THE WEST 1. THE SURVEYOR HAS NOT ABSTRACTED THE
RIGHT OF WAY UNE OF JOHIO SHORES DRIVE AS BEING LAND SHORN HEREON FOR EASEMENTS, RIGHT
N00'24'30'E, PER PLAT. OF WAY, RESTRICTIONS OF RECORD NHICH MAY
AFFECT THE TITLE OR USE OF THE LAND
SKETCH OF DESCRIPTION 2. NO IMPROVEMETS HAVE BEEN LOCATED.
OF 3. NOT VAUD RITHOUT THE SIGNATURE AND
PROPOSED VACATING OF RIGHT OF WAY THE ORIGINAL RAI.,` OF A FLORIDA
JOHIO SHORES DRIVE(A.K.A.COUNTY ROAD) LICENSED Si' ' NIIP
PLAT BOOK 4 PAGE 54 I 4. THIS ''. +1 • ,`�O.. PAGES NOT
ORANGE COUNTY,FLORIDA SECTION 16-22-28 FULL qZ IA A;6
DATE: 10-17-15 AM E RI CAN c. ,Y'' 4;l:�! 3
4..•> •i.
gC,y E N/A W=MMm PER cuENT SURVEY 1 NJ G =>: t_fi11 ig t'i • t
E . DRI 05-20-16 $c MAPPING INC_ ; ,
CERTIFICATION OF AUTHORIZATION NUMBER L8/ 393 /• VTA *1< ;R
DRAWN BY: GHF 3191 MAGUNIE BOULEVARD. SUITE 200 G^+ L1%r4rV
JOB NO. G:403 4031102 AZALEA ORLANDO. FLORIDA 32603 JAMES)//: 'DQL - Ma
LANE SOO.d�vq NINI.AIEINCA SjUl4EYING 11APPW0.00M DACE: '••`bS C!` le.‘`.T
,„,. '
SKETCH OF DESCRIPTION:
PROPOSED VACATING OF RIGHT OF WAY
LAKE JOHIO SHORES
P.B.Q,PAGE 54
ORANGE COUNTY,FLORIDA
SECTION 16-22-28 '
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LOT 8 I LOT 7 I LOT 6 ( LOT 5 j TRACT 'A'NTI I '
RETENTION
SUBDlV�ION
N '00100"E
J0�°.B.8AY 28, PAGE 4 I I
I I I I I i 01' I ' , N
AZALEA RANCH LANE ;
60' RIGHT OF WAY PER POINT OF BEGINNING'"' ' 1' - 100'
LAKE JOHIO SOUTHEAST CORNER ' i M GRAPHIC SCALE
P.B. Q, PAGE 54 TRACT A :'1, I N D S0' 100'
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X1245'53"
=184.63'
CB=S50'16'20"W
PDC CH=184.25'
,A*,.
IOS N�`'../-
S . R . 4 3 8
A.K.A. SILVER STAR ROAD
RIGHT OF WAY WIDTH VARIES
SHEET 2 OF 2
- -' SEE SHEET 1 OF 2 FOR DESCRIPTION
-----
LEGEND:
P.B. PLAT BOOK - A M E FR I CAN
PGs PAGES DATE: 09-25-15
REVISED:
R RADIUS ANGLE sou F. 1' - 100' COMMENTS PER CLIENT S U F2V EY I N G
L ARC LENGTH APPROVED BY: DRH 05-20-16 Sr MAPPING INC.
CB CHORD BEARING CERTIFICATION OF AUTHORIZAT)ON NUMBER
CH CHORD DISTANCE DRAWN BY: GHF 3191 MAGUIRE BOULEVARD, SUITE 200
(NR) NOT RADIAL ORLANDO. FLORIDA 32903
POC POINT ON A CURVE JOB NO. BRANCH LANE S ddwg
429-7979
NMNI AYEi9 ANDYAF4lIG COM
COPY OF ADVERTISEMENT
Date Published and Media Name SECTION ra
Thursday; , fie'. . ,T . e A Qrar Times' THURSDAY,MAY 26,2016
Advertisement or Article
NOTICE OF PUBLIC HEARING
TO CONSIDER THE VACATION
OF THE RIGHT-OF-WAY
FOR AZALEA RANCH LANE AND A
PORTION OF JOHIO SHORES ROAD
PROJECPNO.:VAC-15-023
NOTICE IS HEREBY GIVEN,pursuant to Section 153,Article II of the Code of the
City of Ocoee,that on TUESDAY,JUNE 7,2016,at 7:15 p.m.,or as soon thereafter
as tiractical,the OCOEE CTTYCOMMISSION will hold a PUBLIC HEARING at
tht Ocoee City Commission Chambers,150 North Lakeshore Drive,Ocoee,Florida,
build lider the vacation of the right-of-way of Azalea Ranch Lane and a portion of
Job Road and to consider the adoption of the following resolution:
A LUTION OF THE CITY OF OCOEE,FLORIDA,ABANDONING
AND VACATING A SIXTY(60)FOOT WIDE PUBLIC RIGHT OF WAY
K OWNAS AZALEA RANCH LANE LYING SOUTH OF LOTS 10,, ,8,
&I 5&TRACTA,JOHIO BAY SUBDIVISION BEING BOUNDED
THIS EAST BY THE WEST RIGHT OF WAY LINE OF JOHIO SHORES
RtrAD AND BEING BOUNDED TO THE WEST BY THE EASTERLY
LINE OF THE VACATED AZELEA RANCH LANE AND ABANDON-
II G`AND VACATING A PORTION OF SIXTY(60)FOOT WIDE PUB
LIC RIGHT OF WAY KNOWN AS JOHIO SHORES ROAD, BEING
BOUNDED TO THE NORTH BY NORTHERLY LINE OF AZELEA
RANCH LANE AND BEING BOUNDED TO THE SOUTH BY NORTH
RIGITT OF WAY LINE OF W.SILVER STAR ROAD(SR 438),ALL BE-
INS BART OF LAKE JOHIO SHORES,A PORTION OF SECTION 18,
TOWNSHIP 22 SOUTH,RANCH 28 EAST,PER PLAT BOOK Q PAGE
FOJBLIC RECORDS OF ORANGE COUNTY FLORIDA;PROVIDING
R RECORDATION;PROVIDING FOR SEVERABILITY; PROVID-
ING N EFFECTIVE DATE.
parties may appear at the public hearing and be heard with respect to
the'' actions. The complete case file,including a complete legal descrip-�-
'dog metes and bounds,may be inspected at the Ocoee Development Services
Depii&nent,150 North Lakeshore Drive,Ocoee,Florida,between the hours of
8:00 a.m.and 5:00 p.m:,Monday through Friday,except legal holidays.The City
Commission may continue the public hearing to other dates and times,as it deems
necessary Any interested party shall be advised that the dates,times,and places of
any.continuation of these or continued public hearings shallbe announced du ini"g,"
the hearings 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 averbatim record of the proceedings is made which includes the
testimony and evidence upon Which theappeal is based. Persons with disabilities
needing assistance to participate In any bf the proceedings should contact the City
Clews Office 48 hours in adva toe of the meeting at(407)905-3105. '
May`28,20
bra 2016 16-02484W