HomeMy WebLinkAboutItem #15 Approval of Resolution Abandoning and Vacating a Five (5) Foot Utility Easement for Lot 1 of Lake Bennet Centre Replat ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: April 17, 2018
Item # /.5"
Reviewed By:
Contact Name: Michael Rumer Department Director:
Contact Number: 407-905-3100 Ext. 1018 City Manager: r(146
Subject: Vacation of a Five (5) Foot Utility Easement for Lot 1 of Lake Bennet Centre Replat
Commission District# 2 — Rosemary Wilsen
BACKGROUND SUMMARY:
The five (5) foot Utility Easement is located on the east side of Lot 1, Lake Bennet Centre Replat. The applicant
is proposing to vacate the easement in order to reconfigure the lot by: 1) removing the existing detached bank
teller drive through, 2) purchasing the west 75 feet of the SunTrust Bank parcel, and 3) merge the land together
under the Property Appraiser's reconfiguration process. The applicant will then construct a new retail,
restaurant, or office building around 5,700 square foot in size with associated parking, utilities, drainage,
landscaping, and irrigation requirements.
ISSUE:
Should the Honorable Mayor and City Commissioners adopt a resolution abandoning and vacating an eastern
five (5) foot Utility Easement, located on the east side of Lot 1, Lake Bennet Centre Replat, as recorded in Plat
Book 42, Page 36 - 37 of the Public Records of Orange County?
RECOMMENDATIONS:
Staff recommends the Honorable Mayor and City Commissioners adopt a resolution abandoning and vacating
an eastern five (5) foot Utility Easement, located on the east side of Lot 1, Lake Bennet Centre Replat, as
recorded in Plat Book 42, Page 36 - 37 of the Public Records of Orange County.
ATTACHMENTS:
Aerial Location Map
Resolution
Replat Map
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. N/A
Reviewed by 0 N/A
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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
(Vacating a five(5) foot Utility Easement for
For Recording Purposes Only
Lot 1,Lake Bennet Centre Replat)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND
VACATING AN EASTERN FIVE (5) FOOT UTILITY EASEMENT, LOCATED ON
THE EAST SIDE OF LOT 1, LAKE BENNET CENTRE REPLAT, RECORDED IN
PLAT BOOK 42, PAGE 36 - 37 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 a
the eastern five (5) foot wide Utility Easement located on the eastern side lot line of Lot 1, Lake
Bennet Centre Replat, Plat Book 42, Page 36 - 37 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
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
A-1
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 Lot
containing 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. 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 Easement. The City
Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in
and to the portion of 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. 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)
ADVERTISED APRIL 5,2018
READ FIRST TIME AND ADOPTED
2018
UNDER AGENDA ITEM NO. .
EXHIBIT "A"
(the "Easement")
A 5.0 FOOT PUBLIC UTILITY EASEMENT ALONG THE EASTERN BOUNDARY OF
LOT 1, LAKE BENNET CENTRE REPLAT.
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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 A PORTION OF 5 FOOT
UTILITY EASEMENT FOR
LOT 1 OF LAKE BENNET CENTRE REPLAT
PROJECT NO.:VAC-18-026
NOTICE IS HEREBY GIVEN,pursuant to Section 153,Article II of the Code of
the City of Ocoee,that on TUESDAY,APRIL 17,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 a portion of 5 foot utility easement on the property locat-
ed at 10331 W.Colonial Dr.and to consider the adoption of the following resolution:
A RESOLUTION OF THE CITY OF OCOEE,FLORIDA,ABANDONING
AND VACATING AN EASTERN 5 FOOT PORTION OF AN EXISTING 5
FOOT UTILITY EASEMENT,LOCATED ON THE EAST SIDE OF LOT
1,LAKE BENNET CENTRE REPLAT,RECORDED IN PLAT BOOK 42,
PAGE 36 OF THE PUBLIC RECORDS OF ORANGE COUNTY,FLOR-
IDA; PROVIDING FOR RECORDATION;PROVIDING FOR SEVER-
ABILITY;PROVIDING AN EFFk.CTIVE DATE.
This action will vacate or abandon the eastern 5 foot of utility easement located
at 10331 W.Colonial Dr.The property's Parcel Identification Number is 20-22-28-
4781-00-010.
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 Com-
mission may continue the public hearings to other dates and times,as it deems nec-
essary. Any interested party shall be advised that the dates,times,and places of
any continuation of these or continued public bearings shall be announced during
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 a verbatim record of the proceedings 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.
April 5,2018 18-01886W