HomeMy WebLinkAboutItem V (A) Resolution No. 93-13, vacating a Drainage Ditch Easement at Florida Auto Auction AGENDA 9-21-93
Item V A
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
Ocoee S.SCOTT VANDERGRIFT
51) CITY OF OCOEESSIONERS
RUSTYJOHNSON
�. 150 N.LAKESHORE DRIVE PAUL W.FOSTER
v O OCOEE,FLORIDA 34761 VERN COMBS
(407)656-2322 SAM WOODSON
yrOE� 0 V>>` CITY MANAGER
P G00 ELLIS SHAPIRO
SRP-401
REVISED
STAFF REPORT
TO: The Honorable Mayor and Board of City Commissioners✓ i
FROM: Bruce C. Behrens, Director of Planning
DATE: September 21, 1993
RE: APPLICATION TO VACATE DRAINAGE DITCH EASEMENT
AT THE FLORIDA AUTO AUCTION
ISSUE:
Should the Honorable Mayor and Board of City Commissioners approve
the application by the Florida Auto Auction to vacate a drainage
ditch easement and adopt Resolution No. 93-13?
BACKGROUND:
The Florida Auto Auction has petitioned to vacate a 2 , 187 . 81 '
drainage easement , that runs south from the Courthouse Annex
632 . 03 ' and then turns east for 1 , 555 . 78 ' , as per DeYoung sketch of
description dated May 22 , 1992 , located in case file.
DISCUSSION:
The procedure set forth in Section 153-10 of the City Code has been
complied with and the application and attachments have been
reviewed for sufficiency.
Six requests for comment were mailed to the following agencies ,
with five responses , as follows :
1 . Orange County Engineering Dept . , Sami Saad, has no
objection to the vacation application.
2 . City of Ocoee Building and Zoning Official , Don Flippen,
does not object to the vacation application.
3 . P .E.C. , Tom Kelley, does not object to the vacation
application.
4 . Jim Shira, City Engineer, does not object to the vacation
application.
Staff Report
September 21 , 1993
Page 2
5 . Ray Brenner, Public Works Director , does not object to
the vacation application.
6 . No objections were received from the Roper Partnership,
an adjacent property owner .
The Director of Planning has determined that the proposed vacation
would be consistent with the City' s Comprehensive Plan.
RECOMMENDATION:
Staff recommends that the Honorable Mayor and Board of City
Commissioners approve the application by Florida Auto Auction to
vacate the drainage ditch easement and adopt the attached
Resolution No. 93-13 .
BCB/emk
cc : Curtis DeYoung, Florida Auto Auction
u0'21,03 00:43 1T407 dos 1743 FOLE1 & L.AKUlMt,l{
RESOLUTION NO. 93-13
A RESOLUTION OF THE CITY OF OCOSE, FLon=DA
ABANDONING AND VACATING A PORTION OF THE
CERTAIN DRAINAGE DITCH EASEMENT AS SET PORTE
IN THE DITCE EASEMENT AGREEMENT 8E'i'wW ROPER
BROS., INC. AND THE CITY OP OCOBE, DATED JULY
2, 1975, AND RECORDED IN OP$ICIAL RECORDS BOOK
2652, PAGES 643 TO 645, INCLUSIVE, OF TSL
PUBLIC RECORDS OP ORANGE COQ, FLORIDA, AS
!MORE PARTICULARLY DESCRIBED IN A SKETCH OP
DESCRIPTION OF EASEMENT VACATION PREPARED BY
i
=YOUNG ENGINEERS, INC., DATED NAY 22, 1992;
PROVIDING FOA RECORDATION; PROVIDING FOR
SEVERABILITY; PROVIDING EN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires
to abandon and vacate a portion of a certain drainage ditch
easement as set forth in the Ditch Easement Agreement between Roper
Bros. , Inc. and the City of Ocoee, dated July 2, 1975, and recorded
in Official Records Book 2652, Pages 643 to 645, inclusive, of the
Public Records of Orange County, Florida, as more particularly
described in a Sketch of Description of -Easement Vacation prepared
by DeYoung Engineers, Inc. , dated May 22, 1992, a copy of which is
attached hereto as Exhibit "An and by this reference made a part
h(reof (the "Easement") in order to allow' for the relocation of the
Easement and connection to adjacent parcels; and
SEAS, pursuant to Article II of Chapter 153 of the
Code of the City of Ocoee, an application has been filed by Florida
Auto Auction of Orlando, Inc. (the "Applicant") to abandon and
vacate the Easement; and
waSREB5, the Applicant has complied with the provisions
of Section 153-10 regarding the provision of certain information in
connection with the application; and
fir . _.L,,: =:.
uv 2i,.» 1111:43 =4J7 a-t, 1-1.0L1.1 & ,.atw[IEE 4UU3/O0U
1
lW![EB, the Applicant owns simple fee title to the land
upon which the Easement is located and the Easement is within the
corporate limits of the City of Ocoee; and
WHEREAS, pursuant to Section 153-13(D) (1) of the Code of
the City of Ocoee notice of the public hearing before the City
Commission was provided by regular mail to owners of real property
abutting the Easement and all owners of property within three .
hundred (300) feet in all directions of the Easement; and
WHEREAS, pursuant to Section 153-13(D) (2) of the Code of
the City of Ocoee a Notice of Public Hearings was published one (1)
time in a newspaper of general circulation in the City of Ocoee;
and
WHEREAS, pursuant .to Section 153-13(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 land upon
which the Easement is located; and
WHEREAS, no person or persons have appeared in opposition
to the granting of such application; 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 not inconsistent
with the City of Ocoee's Comprehensive Plan;
NOW, THEREFORE, BE IT RESOLVED BY TSE CITY COMMISSION OP
THE CITY OP OCOEE, FLORIDA, AS FOLLOMB:
2NWT '
.
09/21/93 11:49 $407 648 1743 FOLEY & LARD\ER Ia 002/002
SECTION ONE. 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 TWO. Abandonment and Vacation of Drainage Ditch
Easement. The city Commission of the City of Ocoee, Florida,
hereby abandons and vacates a portion of a certain drainage ditch
easement as set forth in the Ditch Easement Agreement between Roper
Bros. , Inc. and the City of Ocoee, dated July 2, 1975, and recorded
ini Official Records Book 2652, Pages 643 to 645, inclusive, of the
Public Records of Orange County, Florida, as more particularly
described in a Sketch of Description of Easement vacation prepared
by ,DeYoung Engineers, Inc. , dated May 22, 1992, a copy of which is
attached hereto as Exhibit "A" and by this reference made a part
hereof (the "Easement") and renounces any rights to the Easement.
SECTION THREE. Recordation. A certified copy of this
Resolution shall be filed with the Orange County Comptroller and
1
duly recorded among the Public Records of Orange County, Florida.
SECTION FOUR. Severability. If any section, subsection,
sentence, clause, phrase or portion of this Ordinance 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 FIVE. Effective Date. This Resolution shall
become effective immediately upon passage and adoption.
3 � C `_2i
u0/21/93 09:44 /2407 64S 1743 FOLEY & LARDNER 4005/0013
PASSED AND ADOPTED this day of , 1993.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
1
FOR USE AND RACE ONLY EY
_THS CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY •
this day of , 1993.
FOLEY & LARDNER
By:
City Attorney
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AGENDA 9-21-93
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item V A
OcoeeJ.,T.V L L •A..VL:L\VL\11'
'`iy °_ CITY OF OCOEEN
RUSTY JOHNSON
150 N.LAKESHORE DRIVE PAUL W.FOSTER
OCOEE,FLORIDA 34761 VERN COMBS
I 0 (407)656-2322 SAM WOODSON
yrE'P
Or Gov � CITY MANAGER
ELLIS SHAPIRO
SRP-401
STAFF REPORT
TO: The Honorable Mayor and Board of City Commissioners
FROM: Bruce C. Behrens, Director of Planning t`v
DATE: September 16, 1993
RE: APPLICATION TO VACATE DRAINAGE DITCH EASEMENT
AT THE FLORIDA AUTO AUCTION
ISSUE:
Should the Honorable Mayor and Board of City Commissioners approve
the application by the Florida Auto Auction to vacate a drainage
ditch easement and adopt Resolution No. 93-13?
BACKGROUND:
The Florida Auto Auction has petitioned to vacate a 2 , 270 ' drainage
easement , that runs south from the Courthouse Annex 646 ' and then
turns east for 1 , 624' .
DISCUSSION:
The procedure set forth in Section 153-10 of the City Code has been
complied with and the application and attachments have been
reviewed for sufficiency.
Six requests for comment were mailed to the following agencies,
with five responses , as follows :
1 . Orange County Engineering Dept . , Sami Saad, has no
objection to the vacation application.
2 . City of Ocoee Building and Zoning Official , Don Flippen,
does not object to the vacation application.
3 . P.E.C. , Tom Kelley, does not object to the vacation
application.
4 . Jim Shira, City Engineer, does not object to the vacation
application.
OIL
tS
Staff Report
September 15 , 1993
Page 2
5 . Ray Brenner, Public Works Director, does not object to
the vacation application.
6 . No objections were received from the Roper Partnership,
an adjacent property owner .
The Director of Planning has determined that the proposed vacation
would be consistent with the City' s Comprehensive Plan.
RECOMMENDATION:
Staff recommends that the Honorable Mayor and Board of City
Commissioners approve the application by Florida Auto Auction to
vacate the drainage ditch easement and adopt the attached
Resolution No . 93-13 .
BCB/emk
cc: Curtis DeYoung, Florida Auto Auction
u9/16/93 16;39 t2407 648 1743 FOLEY & L.1RDNER 4/3002/(108
RESOLUTION NO. 93- 13
A RESOLUTION OF TER CITY OF OCOEE, FLORIDA
ABANDONING AVD VACATIWG TEAT CERTAIN DRAINAGE
DITCH EASE' AS SET FORTE IN TSE DITCH
EASEMENT AGREEMENT BETIMES' ROPER BROS., INC.
AND THE CITY OF OCOEE, DATED JULY 2, 1975, AND
RECORDED IN CFFICIaL RECORDS BOOR 2652, PAGES
' 643 TO 645, INCLUSIVE, OF THE PUBLIC RECORDS
OF ORANGE COUNTY, FLORIDA; PROVIDING FOR
RECORDATION; PROVIDING FOR SEVERABILITY;
PROVIDIAA AN EFFECTIVE DATE.
'HERBAL the City Commission of the City of Ocoee desires
to abandon and vacate that certain drainage ditch easement as set
forth in the Ditch Easement Agreement between Roper Bros. , Inc. and
tile City of Ocoee, dated July 2, 1975, and recorded in Official
Records Book 2652, Pages 643 to 645, inclusive, of the Public
Records of Orange County, Florida, a copy of which is attached
hereto as Exhibit "A" and by this reference made a part hereof (the
"Easement") in order to allow for the relocation of the Easement
and connection to adjacent parcels; and
WHEREAS, pursuant to Article II of Chapter 153 of the
Code of the City of Ocoee, an application has been filed by Florida
Auto Auction of Orlando, Inca (the "Applicant") to abandon and
vacate the Easement; and
WHEREAS, the Applicant has complied with the provisions
Of Section 253-10 regarding the provision of certain information in
connection with the application; and
WHEREAS, the Applicant owns simple fee title to the land
upon which the Easement is located and the Easement is within the
corporate limits of the City of Ocoee; and
I
09/18/93 18:59 '$407 848 1743 FOLEY & LARDNER Q003/008
WHEREAS, pursuant to Section 153-13 (D) (1) of the Code of
the City of Ocoee notice of the public hearing before the City
Commission vas provided by regular mail to owners of real property
abutting the Easement and all owners of property within three
hundred (300) feet in all directions of the Easement; and
WHEREAS, pursuant to Section 153-13 (D) (2) of the Code of
the City of Ocoee a Notice of Public Hearings was published one (1)
time in a newspaper of general circulation in the City of Ocoee;
arid
WHEREAS, pursuant to Section 153-13 (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 land upon
which the Easement is located; and
WHEREAS, no person or persons have appeared, in opposition
to the granting of such application; 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 not inconsistent
with the City of Ocoee's Comprehensive Plan;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION ONE. 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.
2
0:3/18/4)3 17:Ju '$407 643 1743 FOLEY & LARDNER -U114/008
SECTION TWO. Abandonment and Vacation of Drainage Ditch
Easement. The City Commission of the City of Ocoee, Florida,
hereby abandons and vacates the Easement as set forth in the Ditch
Easement Agreement between Roper Bros. , Inc. and the City of Ocoee,
dated July 2, 1975, and recorded in Official Records Book 2652,
Pages 643 to 645, inclusive, of the Public Records of Orange
County, Florida, a copy of which is attached hereto as Exhibit "A"
arid by this reference made a part hereof and renounces any rights
to the Easement.
SECTION TBRSE. 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 FOUR. Severability. If any section, subsection,
sentence, clause, phrase or portion of this Ordinance 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 FIVE. Effective Pate. This Resolution shall
become effective immediately upon passage and adoption.
1 3
09;'16;93 17:00 12407 648 1743 1-70 LEY c L RDNER OU5/008
PASSED AND ADOPTED this day of , 1993.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
PCR USE AND RELIANCE ONLY EY
TES CITY OF OCOEE, PLOBIDA
APPROVED AS TO PORN AND LEGALITY
this day of , 1993.
FOLEY i LARDEER
By.
City Attorney
cmmiramcmmummarmaimpimmlummo
4
09/16/93 17:00 33907 648 174 FOLEY & LARDNER 4006/108
��•. - — EXHIBIT "A" —
j
93 "`f Oa 13 3 sa 11115 U. rt 643
r of FwserMCr mare
1 TRIS &tom entered into this Zme, day of Jug"`
k 1975, by and beth mom MOS., INC., a Florida corpacati,on,
bereineltar referred to as "First Pasty" and CITY OF QCOEE, a
t
o Placid& Municipal corporation, hereinafter referred to as
"Second Party". '
I I SAS, Fist Psi is the comer in fee simple of that
' .3°. portion of Lend more fully described on Schedule i which is
attached hereto and made a
part hereof lying westerly of Marshall
Farms Road, Orange County. Florida. and
1 r, «£ E'S, am said land is a 70 foot drainage easement co
20
be teed es such for themtual benefit of the parties hereto in
21
perpetuity or until entualiy canceled by the parties hereto.
NOW TBEREFORE, in consideration Of the mutual promisee
made one to the other and other valuable caasidaretion6, it is
, agreed: .
I
1. That the parries hereto shall each have a mutual
use including Ingress and egress avec, yes and upon that
`y certain70 foot drainage easaaeet more fully described aft% nd set
e out send =irked Schedule A which is attached hereto end made a
' part hereof In perpetuity or until mutual cancellation hereof.
2. That .
i Parry of the Second Part hereby accepts said
` easement and future maintenance thereon.
i
f
! I ; ; '.nn WITNESS ifCF. me have heresmro set our hands and
i • `3 ails,, fib:day and 200th and year above actioned.
°x, .:•.
,141S I
;1!"-)•-•."_ ' 4• Z. ROPyJ S., IHCep Firs t Party
107 1M„ ik. �' r
....r: ' •
r^... /s'Lr- (Seal)
I Sem t ,
CTrf OF OCOEE, Seco d Party
ATTEST:
r -- —.... (SEAL)
r. City Clerk
09/16/93 17:01 /2407 848 1743 FuLEY Y LARDNER 41007/008
I11:rSUM OF ?tank
PI ..,
ia. a 64Co' ir': OF 0ZI x. 57 "X that on this day ha:o-.a at. spao:.icar a�J1y gwli`.:ad to talo s,.knleZyssoes. pzxsamll7
aPPea.-rd -f?.a••ff. a.e re — ax:d —
A�F. CI•__= ..Fs__- , rresidane and Sec�etaery taspsc-
• lively of Mar= an1S., L4C.. a Florid. , sa ioo. to as ham,to hse tS.. pexsana drserSbad 3a a 4 vbo a=ecuted the fo ag
LvTM" 't and actuwledSed b.F6:a no that they eaea ed tae
secce. 1. r xsgr band a off.-:fico as&11, i . r�.e c',o�ty end
;';3ear. . et aeot.aaid sbis 2d day of . 197_x. ,
P
; ' h -Cor aiL esptzeso -
OF 11=Itla: -
CaQRrY C7 MANCE:
I ME= CzitrL't that on this day tan re aa. and
e=five= daly qualified Co take teknowloftmcatos para4aa117
apgaas�daid _
c '.tales and city Clock ee pas-
f Healy .f :*ae C17": r2F OCDE . a F10xtda 25raLcipa] entper'atloa..
ro ne known to be the p emcee described 3n god wbe executed _
the r.:antooins :aitr teat e34 40l12orledged be re x that racy
azee art the mime. , , -
Y
Ti*?''SS Z7y bead and o=f!-c.ial ;cal in =Bo County and
5-ace :•:a: zcr.mxid Chid da, of -Nee• 1°75.
i
:etari !wain
:'I7 Co�.ssioa LapL-es:
' - 2 -
09/10/93 17:01 407 048 1743 FOLEYARDNER 008/008
:'"`eSi& X1
Schedule "A"
rl
Ll." 2652 tC 645
• neacr±ptiaa for a 70 foot drainage casement:
?run the 8W corner of the BE 114 of the SW 114 of Section 19,
Townehip 22 South. Range 28 East, avenge County. 71or2da son
thence f 88' 12' 27" E along the North line of said RE 1)4 of
the SW 1/4 and the centerline of Story Road 19.90C feet; thence
S 00' 19' 22" E. 30.00 fest for a p.c.b; said p.o.>b. beiug a
pOSIt ora eke voutherl right of ver line of aforesaid Scary
Rood- rot thence S 00£19' 22" E. 605.00 feet: thanes 8 88'
12' 27" V, 198.00 feet to the vast line of aforesaid NE 1/4
of the SW 1/4; rum theme* S 00'. 19' 22" 3i algin said Veer line
E
702.06 fast to the SW coewer of the 1/4 of the
e SW 1/4 of said
Section 19, rim thence B 80' 53' 14"E slang the south Lite of
said NE 1/4 of the SW 1/4 a distance of 1313.25 feet to the
SE corner of said NE 1/4 of the SW 1/4, said corner also being
the SW corner of the BW 1/4 of the SE 1/4 of said Section 19.
run thanes B 88' 52' 30" E aloes the south line of maid NW 1/4
of the SE 1/4 a distaaen of 264.00; thence S 46' 06' 00" E
524_07 ftj thence N 88. 52' 90" S 878.82 feet to a point in a
County Drainage Viten; rust thews. 8 41. 50' 31" E along said
ditch and parallel to the easterl ri tmarshal].of say ofmarshal].Farts Road. 95.66 feet: rsenoe S 8• 2' 30" V 91:.17D feet to
a point en the aforesaid easterly tight of way lire of Marshall
Farces Road; run thence 8 46' 0d' 00" If 524.07; thence S 88'
32' 30" sr 292.51 feet. thence S 88' 53' ib" Si 124:.78 feet
thence N 00' 19' 22" V 562.86 feet: thence N 88' 12' 27" E
188.00 feet; thence N 00' 19' 22" W 675.02 feat e4 the afore-
• said southerly right of way line of Story Road; rue thence S 88'
12' 27" V along, said southerly right of w line 70.02 feet
to the point of begLnniag; containing 7.1450 acres pore or less_
Ji.�CSphEriT .r �51..YF�t: i SU MA.=
'f"uf'tie4tileut•.• r' i as F-0111 A r
= r;, lezi T: =•?r.� �. U L. v C t hi s. 7�tIPr11 fit\ [Ea a 5 5
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VERIFIED
RECDRgED i IBM
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