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Home My WebLink AboutItem #12 Starke Lake Baptist Church Right of Way Vacation AGENDA ITEM COVER SHEET Meeting Date: January 16, 2007 Item # 1~ Contact Name: Contact Number: Catherine Armstrong (407) 905-3100 ext. 1020 Reviewed By: Department Director: City Manager: ~-i: Su~ject: .St;lrke Lake Baptist Church Right-of-way Vacation Ynn~P'1e~30..footright-of..\Vay between West Avenue and Spring Avenue VAC...o7 -009 District 2 -Commissioner Anderson Background Summary: The unnamed 30-foot right-of-way is located between the easterly right-of-way of West Avenue and the westerly right-of-way of Spring Avenue. This area is currently grassed and wooded and is adjacent to a power line (distribution) on the north side of Starke Lake Baptist Church. The applicant is requesting the City of Ocoee to vacate this roadway in order to facilitate possible future growth of the church. Issue: Should the Honorable Mayor and City Commissioners adopt a resolution vacating the 30-foot wide public right-of-way for the unnamed roadway located between West Avenue and Spring Avenue? DISCUSSION Flewelling Avenue is a paved local street, which dead ends into Spring Avenue to the east of the requested right-of-way vacation. Flewelling Avenue was never extended westerly nor is it planned to be extended westerly in order to connect to West Avenue. The subject property runs east to west, parallel to the A.C.L Railroad. To the north of the subject property and located on the north side of the railroad, Rewis Street, a local roadway, facilitates the east-west roadway network. Therefore, a continuation westward of Flewelling Avenue is considered to be obsolete. In accordance with the Land Development Code, correspondence was sent to all utility organizations during the review process. The City received no objections by any of the contacted utilities; however, Progress Energy and Bright House Networks have requested a minimum 10-foot wide easement area to accommodate present and future development. The vacation resolution includes a standard section regarding 'reservation of public utility easement' to cover any and all utilities that may be located in, over, under and/or upon the roadway right-of-way now or in the future. DEVELOPMENT REVIEW COMMITTEE The Development Review Committee (DRC) met on January 3, 2007, to discuss the above referenced right-of-way vacation. The representative for the application was present and staff stated that all outstanding issues/comments had been resolved prior to the DRC meeting. The DRC voted unanimously to recommend approval of the resolution to vacate the 30-foot wide public right-of-way for the unnamed roadway located between West Avenue and Spring Avenue. Recommendations Staff recommends that the Honorable Mayor and City Commissioners adopt a resolution vacating the 3D-toot wide public right-ot-way tor the unnamed roadway located between West Avenue and Spring Avenue, subject to reservation ot a public utility easement over the abandoned roadway. Attachments: Location Map Resolution Boundary Survey Financial Impact: No impact Type of Item: t8J Public Hearing D Ordinance First Reading D Ordinance First Reading t8J Resolution t8J Commission Approval D Discussion & Direction For Clerk's Deot Use: D Consent Agenda D Public Hearing D Regular Agenda l8J Original Document/Contract Attached for Execution by City Clerk D Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by (Planning) D N/A D N/A D N/A Starke Lake Baptist Church ROW Vacation Location Map / ~ r/ ~ 'L.r\fU- IVIVA/e. BUlRN" REa '\- \ \ ~ \ "AlJE I~~ :~ \ I I 1\ ,~\\' <,It:~" 11 w 1 ~'<t~~ :0--- ~~ UJ :!~~i'~'I~\... I II --11 ,C II ~ (1 e-- ~!;\ .\ \l -nt:.\~~. ~~v z ~ _~z \ ,-- ~v - 0::: - _ v c--- n.. -l 2~ - (j) -=r-a _ ---- l-- I-- n1= 1\.1.1 ~ ~ rFl \ I (j) "1"-'1-' 1-1' I P\ ~~8E ~r ~ LU iYJ = - --ITI I ~- ~ \-~= \ \@ ~r N 1 LAKE STARKE II I I e ~ </ - - -<( I~ o ~ c - THIS INSTRUMENT PREPARED BY: Nicholas N. Palmer, 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 34761 (407) 905-3100 ~nr Do#"or..linn Pl1...rU\COOC Onh, RESOLUTION NO. A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING ITS INTEREST IN AND TO THAT PORTION OF THAT CERTAIN UNNAMED THIRTY (30) FEET WIDE PUBLIC RIGHT OF WAY, LYING BETWEEN THE EASTERLY RIGHT OF WAY LINE OF WEST AVENUE AND THE WESTERLY RIGHT OF WAY LINE OF SPRING AVENUE AS DEPICTED ON THE PLAT OF THE SECOND ADDITION TO LAKEVIEW, PLAT BOOK L, PAGE 136 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; PROVIDING FOR THE RESERVATION OF A PUBLIC UTILITY EASEMENT; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS. the City Commission of the City of Ocoee desires to abandon and vacate it interest in and to that portion of that certain unnamed road, being a thirty (30) feet wide public right of way, lying between the easterly right of way line of West A venue and the westerly right of way line of Spring Avenue as depicted on the Plat of the Second Addition to Lakeview, Plat Book L, Page 136 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"); and OR LA_ 429024.1 WHEREAS, the City Commission of the City of Ocoee desires to reserve a public utility easement over, under and/or upon the Roadway in connection with existing or future utility facilities as well as the right of ingress and egress in, over, under and/or upon the Roadway for the purpose of maintaining said utilities and any other utilities that may now or hereafter be located in, over, under and/or upon 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)(l) 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. 2 ORLA_ 429024.1 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, 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. Reservation of Public Utility Easement. The City of Ocoee hereby reserves a public utility easement over, under and upon the Roadway in connection with any existing or future utility extensions that may be located in the Roadway and any other utilities that may now or hereafter be located in, over under and/or upon the Roadway; provided, further, that the reserved utility easement shall also reserve unto the City and public utility companies, including their successors and assigns, the right of ingress and egress to and from the Roadway for the purpose of maintaining said utilities and any other utilities that may now or hereafter be located in, over, under and/or upon the Roadway. SECTION 4. 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 5. 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 3 ORLA_ 429024.1 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 6. Effective Date. This Resolution shall become effective upon passage and adoption. PASSED AND ADOPTED this _ day of ,2007. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2007 READ FIRST TIME AND ADOPTED , 2007 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this _ day of , 2007. FOLEY & LARDNER LLP By: City Attorney 4 ORLA_ 429024.1 EXHIBIT "A" (the "Roadway") Begin at the Northwest Comer of Lot 30, Lakeview Subdivision, 2nd Addition, according to the Plat thereof as recorded in Plat Book L, Page 136, of the Public Records of Orange County, Florida; thence run N 00 degrees 00' 00" W, 29.71 feet to the southerly right-of-way line of A.C.L. Railroad; thence N 67 degrees 46' 27" E, along said southerly right-of-way line 296.01 feet; thence S 00 degrees 00' 00" E, 28.84 feet to the Northeast Comer of Lot 13 of said Lakeview Subdivision, 2nd Section; thence S 67 degrees 37' IO" W, along the Northerly Lot Line of said Lots 13 and 30, 296.34 feet to the Point of Beginning. A-I ORLA_ 429024.1 BOUNDARY SURVEY PROPOSED VACATION OF 30' PLATTED ROAD: LffiAL DESCRIPTION: BEGIN AT THE NORTHWEST CORNER OF LOT 30, LAKEVIEW SUBDIVISION, 2ND ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK L, PAGE 136, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA' THENCE RUN N 00 DEGREES 00' 00" W, 29.71 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF A.C.L. RAILROAD; THENCE N 67 DEGREES 46' 27" E, ALONG SAID SOUTHERLY RIGHT -OF -WA Y LINE 296.01 FEETTHENCE S 00 DEGREES 00' 00" E, 28.84 FEET TO THE NORTHEAST CORNER OF LOT 13 OF SAID LAKEVIEW SUBDIVISION, 2ND SECTION; THENCE S 67 DEGREES 37' 10" W, ALONG THE NORTHERLY LOT LINE OF SAID LOTS 13 AND 30, 296.34 FEET TO THE POINT OF BEGINNING. CONTAINING 8,670 SQUARE FEET MORE OR LESS.. ~ ~ i L.__ ~ ~ " I 'T i .J ...... c >> ~ 15 ~ ~ .. POWER POLE /' plf>-I) ~ f>-O ( ~ ,~) r-f>-Ilr-O r: /' 296.0\ f>-.C.l. ~1, /' '46'21'f. lION Of f>-fjlfJ 4' (101.). . t<61 \j f>-Cf>- (NO 1'1 296.3 /' OsSO r-of>-O /' pr-OP ,11'11'< .-'POWER LOT 13 ,cOU 1"0'W /' POLE 30 S61J-. . .......-:: . CIt<ES .' flLlf'< ~ OLl 'ovEl<HEA LOT 14 ~ ~ a ~ lLJ :::J ~ :s: "<l:: 3::", 8~ "l5i:: c oi 3-'" ~ /:) 'q LOT 30 LOT 29 N90"OO'OO.W f- (f) ~ !.EE.till . F'QUND CONCRETE ~ONUt.tENT . FOUND PROPERTY CORNER o SET PROPERTY CORNER o PERMANENT CONTROL POINT '" DELTA Ale AIR CONDITIONER Bue BLOCK B.O.8. BASIS or: BEARING BRG. BEARING CATV CABLE TELEVISION BOX CHO. CHORD C.LF. CHAIN UNK FENCE C.M. CONCRETE MONUMENT CONC. CONCRETE COR. CORNER COV. COVERED D. DESCRIBED D.E. DRAINAGE EASEMENT E EAST ENT. ENTRANCE ENCL ENCLOSURE ESldT. EASEMENT FND. FOUND loP. IRON PIPE I.R. IRON ROO l LENGTH N. MEASURED N NORTH H/D N.6JL & DISC P,C. POINT Of CURVATURE P.C.P. PERMANENT CONTROL POINT P.T. POINT OF TANGENCY P.D.B. POINT Of BEGINNING P.O.C. POINT OF COMMENCEMENT .O.L. POINT ON LINE P. PLAT ~t7b CHAR OATE ~ ~ a ";t- '-- o :::a o i3 ......., ~ ~ ~ :s: "'C \.) ~ 2 :::a 2 LOT 15 274.02' (1./.) 274.0 (P) t:J..Qill R RAOIUS I RADIAl. S SOUTH SAN. SANITARY SCR. SCREEN S.W. SIDEWALJ( T TANGENT TEL TELEPHONE RISER BOX TYP. TYPICAl U.E. U'TlUTY EASENENT U.R.B. UTlUTY RISER BOX W WEST W.F. WOOD FENCE WJA. WATER UETER ,. BEARINGS ARE BASED ON RECORD PLAT. 2. THE SURVEY SHO~ HEREON WAS SURVEYED BY THE LEGAL DESCRIPTION PROVIDED BY THE CLIENT. 3. ROOF OVERHANGS AND FOOTERS HAVE. NOT BEEN LOCATED. .. NO IL4PROVEMENTS OR UNDERGROUND UTILITIES HI. \IE BEEN LOCATED EXCEPT AS SHOWN. 5. THIS SURVEY IS NOT VAUD WITHOUT EMBOSSED SEAL. 6. THIS SURVEY IS NOT VAUD FOR ANY REAL ESTAlE TRANSACTIONS 90 DAYS BEYOND THE FlNAL SURVEY DAlE SHO\Wll. I 7. THE SURVEYOR HAS NOT ABSTRACTED THE LANDS HEREON FOR EASEMENTS OR RIGHT-OF-WAY OF RECORD. 8. THERE MAY ADDITIONAl RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN lHE PUBLIC RECORDS OF 'THIS COUNTY. O. ALL BEARINGS / ANGLES AND DISTANCES ARE PLAT AND MEASURED UNLESS NOTED OTHERWISE. PREPARgTARKE LAKE BAPTIST CHURCH PREP AREO BY: CHARLES ROB DEFOOR & ASSOCIATES, INC. P.O. BOX 1763. APOPKA FLORIDA 32703 (407) 880-9811 .27 KNOLL TREE LOT SURVEY DATE: FOUNOA llON OA TE: FINAL SURVEY DATE: ORA\'noI DATE: 7-10-06 SCALE: 1" = 50' PAGE 1 OF 1 REVISION DATE: Copy of Public Hearing Advertisement THURSDAY, JANUARY 4, 2007 Fe:; Public earing Notices This action will abandon the unnamed rlght-af-wav locat- ed between West A venue g~~aS:.ring A venue rights. Interested parties mav ap. pear at the public hearing and be heard with respect to the proposed actions. The complete case file, in- cluding a complete legal de. scription bv metes and bounds, may be inspected at the Ocoee Communitv Development Department! Planning Division iocated at 150 North Lakeshore Drive, Rg~;'on~'fMl~.~.~~~n5~'Jg I p.m., Monday through Fri. dov, eXcePt legal halidavs. The Citv Commission mav continue the pUblic hearing to other dates and times, os it deems necessarv. Anv In- terested partv shaii be ad- vised of the dates, times, ft~~~~ams a~u'b1rc c~~~~1~~: Anv continuation shall be announced during the hear- ing and no further notices ~lflatiedh~blits'h~~~ molters You are advised that any person who desires toap- r~~lp~~IYc ~"e~~I~~ ~md~e~J o record of the proceedings and for this purpose mav need to ensure that 0 verba- tim record of the proceed- ings is made which includes the testimonv and evidence gg~e~.whiCh the appeal is Persons with disabilities needing assistance to par- ticipate in anv of these pro- ceedings should contact the Citv Clerk's Office 48 hours ~~ ~~~~~~jlO~~ the meeting Beth Eikenberrv, Cltv CI.erk OLS160085 1/4107 Date Published Or-IllMO ~tit'\~' Advertisement