HomeMy WebLinkAboutItem #14 Approval of Resolution Vacating and Abandoning the Remaining Unimproved Right-of-Way of South Cumberland Avenue t
ocoe
Florida
AGENDA ITEM COVER SHEET
Meeting Date: April 17, 2018
Item # /1/
Reviewed By:
Contact Name: Michael Rumer 19 Department Director:
Contact Number: 407-905-3100 Ext. 1018 City Manager:
Subject: S. Cumberland Avenue Right of Way Vacation
Commission District#2 — Rosemary Wilsen
BACKGROUND SUMMARY:
S. Cumberland Avenue from W. Ohio Street to W. Delaware Street is a 60-foot wide platted unimproved right of
way running in a north-south direction. The right of way was platted under the Town of Ocoee. S. Cumberland
is located south of W. Ohio Street and north of W. Delaware Street.
The right of way is not planned to be improved as part of the City's 5-Year Capital Improvement Plan. A
subdivision plan and plat for Milton Subdivision was approved in 1991 which required the developer of Milton
Subdivision to improve S. Cumberland Avenue in order to develop Lot 6.
Due to the high costs associated with constructing the portion of S. Cumberland Ave as part of a building permit
for Lot 6, the property owner/applicant has requested a change which complies with the Minor Subdivision/Lot
Split process. The applicant has additionally applied for a Subdivision/Lot Split that will create two additional lots
fronting W. Ohio Street and provide for 20 feet of deeded frontage to Lot 6 from W. Ohio Street. Once Lot 6
receives the deeded frontage, a building permit can be issued for a single family dwelling.
For a short period of time in between when the resolution to vacate is recorded, and the Property Appraiser
provides the vacated area to the adjacent lots, Lot 6 will be deemed land locked. Staff will follow up with the
applicant to make sure all deeds are recorded transferring property to Lot 6, making the land locked
nonconformity go away.
ISSUE:
Should the Honorable Mayor and City Commissioners adopt a resolution vacating and abandoning the
remaining unimproved right of way of S. Cumberland Avenue?
RECOMMENDATIONS:
Staff recommends the Honorable Mayor and City Commission adopt a resolution vacating and abandoning the
remaining unimproved right of way of S. Cumberland Avenue.
ATTACHMENTS:
Location Map
Resolution
Milton Subdivision Replat
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 A. 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. N/A
Reviewed by 0 N/A
2
S Cumberland Avenue ROW Vacate
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AFTER RECORDING RETURN TO:
Melanie Sibbitt,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 S. Cumberland Avenue)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING THAT PORTION OF S.
CUMBERLAND AVENUE, A SIXTY (60) FOOT WIDE PUBLIC
RIGHT OF WAY, LYING BETWEEN THE SOUTHERLY RIGHT
OF WAY LINE OF W. OHIO STREET AND THE NORTHERLY
RIGHT OF WAY LINE OF W. DELAWARE STREET, AS
DEPICTED ON THE PLAT OF TOWN OF OCOEE, PLAT BOOK
A, PAGES 100 AND 101 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 portion of S. Cumberland, a sixty (60) foot wide public right of way, lying between the
southerly right of way line of W. Ohio Street and the northerly right of way line of W. Delaware
Street, as depicted on the Plat of Town of Ocoee, Plat Book A, Pages 100 and 101 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
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:
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. 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.
PASSED AND ADOPTED this day of , 2018.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY ADVERTISED APRIL 5,2018
THE CITY OF OCOEE, FLORIDA; READ FIRST TIME AND ADOPTED
APPROVED AS TO FORM AND LEGALITY ,2018
this_day of , 20_
UNDER AGENDA ITEM NO. .
SHUFFIELD, LOWMAN &WILSON, P.A.
By:
City Attorney
EXHIBIT "A"
("The Roadway")
ALL THAT PORTION OF S. CUMBERLAND STREET, A SIXTY (60) FOOT WIDE
PUBLIC RIGHT OF WAY, LYING BETWEEN THE SOUTHERLY RIGHT OF WAY
LINE OF W. OHIO STREET AND THE NORTHERLY RIGHT OF WAY LINE OF W.
DELAWARE STREET, AS DEPICTED ON THE PLAT OF MAP OF OCOEE, PLAT
BOOK A, PAGES 100 AND 101 OF THE PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA.
COPY OF ADVERTISEMENT
Date Published and Media Name
West Orange Times SECTION
THURSDAY,APRIL 5, 2018
Advertisement or Article
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
TO CONSIDER THE VACATION
OF THE RIGHT-OF-WAY
FOR SOUTH CUMBERLAND AVENUE
PROJECT NO.:VAC-18-025
NOTICE IS HEREBY GIVEN,pursuant to Section 153,Article II of the Code of
the City of Ocoee,that on TUESDAY,APRIL 17,2018,at 6:15 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 South Cumberland
Avenue and to consider the adoption of the following resolution:
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,ABANDONING
AND VACATING THAT PORTION OF SOUTH CUMBERLAND AVENUE,
A SIXTY(60)FOOT WIDE PUBLIC RIGHT-OF-WAY,LYING BETWEEN
THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST OHIO STREET
AND THE NORTHERLY RIGHT-OF-WAY LINE OF WEST DELAWARE
STREET,AS DEPICTED ON THE PLAT OF TOWN OF OCOEE, PLAT
BOOK A,PAGES 100 AND 101 OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING
FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE.
Interested parties may appear at the public hearing and be heard with respect to
the proposed actions.The complete case file,including a complete legal descrip-
tion by metes and bounds,may be inspected at the Ocoee Development Services
Department,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 shall be
announced during the hearings and that no further notices regarding these mat-
ters 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 proceed-
ings is made which includes the testimony and evidence upon which the appeal
is based. Persons with disabilities needing assistance to participate in any of the
proceedings should contact the City Clerk's Office 48 hours in advance of the
meeting at(407)905-3105. 18-01887W
April 5,2018