HomeMy WebLinkAboutItem V (C) Vacation Application 5' Utility Easement abutting Lot 40, Lake Village, Lake Olympia Subdivision ! AGENDA 10-18-94
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"CENTER OF GOOD LIVING PRIDE OF WEST ORANGE" Item V C
Cr(4-44 0
° CITY OF OCOEE RUSTY JOHNSON
O. 150 N.LAKESHORE DRIVE PAUL W.FOSTER
l' ,/ .,4. ` 0 OCOEE FLORIDA 34761-2258 VERN COMBS
�'� `. 1`v (407)6562322 JIM GLEASON
yr4� Cf c00�N`� CITY MANAGER
ELLIS SHAPIRO
LFP-791
STAFF REPORT
TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS
FROM: JULIAN R. HARPER, ZONING COORDINATOR
DATE: OCTOBER 12 , 1994
SUBJ: VACATION APPLICATION 5' UTILITY EASEMENT
LOT 40, LAKE VILLAGE, LAKE OLYMPIA SUBDIVISION
ISSUE:
Should the Honorable Mayor and Board of City Commissioners approve
the above Application to vacate the City of Ocoee ' s right to use
the subject five (5) feet utility easement (see the attached "Site
Location Map" , "Site Map" , and "General Notes - Lake Olympia-Lake
Village Subdivision")?
BACKGROUND:
The subject 5 ' utility easement was created in 1989 when Lake
Olympia Subdivision was created, pursuant to the "Land Development
Code" mandating the creation of utility and drainage easements to
serve these needs within all subdivisions .
The Applicant , William A. Herx as agent for Centex Homes and June
M. Rhodes , has requested the vacation of the subject 5 ' utility
easement to eliminate what they perceive to be a "title
encumbrance" , that is created by the utility easement and to
prevent the removal of the retainer wall at the discretion of
others (see attached photocopy of Vacation Application and Rhodes
letter. )
A search of City records indicates that the aforementioned
retaining wall was not built as a City requirement but was
installed by the developer or lot owner .
There are two objections on file opposing the vacation application.
The Building Official objected to the possible vacation because
"the City may need this standard easement in the future" .
Secondly, the Director of Planning stated that he was "opposed to
abandonment of standard utility easements which are required in
every subdivision. This would set a bad precedent and there is no
valid reason given for its vacation" . There were no utility
company or other Staff objections received.
Staff Report
October 12 , 1994
Page 2
STAFF RECOMMENDATION:
The Staff recommends that the Honorable Mayor and Board of City
Commissioners vote against the granting of this Application to
vacate the subject 5 ' utility easement , due to its precedent
setting value and because the easement was in-place before the
retaining wall ' s construction and before the property was purchased
by Centex Homes and Mrs . Rhodes . The City of Ocoee may need the 5 '
utility easement in the future and then would be required to buy it
back, absent some proviso to the contrary that may now be
constructed that would allow the City the right of future use at no
cost , should the need arise .
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GENERAL NOTES
LAKE VILLAGE SD
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NOTES: `-'
1. - 0 DENOTES P.R.M. (4X4 C.M.) P.L.S. #3421 y rt0
- 2. 0 DENOTES P.C.P P.L.S. #3421 f
3. • DENOTES CHANGE IN DIRECTION NOT PERMANENTLY STAKED.
4. RAD. DENOTES RADIAL LOT LINES.
5. N.R. DENOTES NON-RADIAL LOT LINES. CO
6. BEARING STRUCTURE IS BASED ON THE NORTH LINE OF THE SOUTHEAST 1/4 0V
OF SECTION 17-22-28. (N88'41'19'W) .
7. NOTICE THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT
RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS
OF THIS COUNTY.
Ofe 8. A 10' UTILITY EASEMENT IS DEDICATED ON ALL LOTS ADJACENT TO ALL
- RIGHT-OF-WAY LINES, UNLESS OTHERWISE NOTED.
n r A 5' UTILITY EASEMENT IS DEDICATED ALONG ALL SIDE LOT LINES.
0. ACCESS RIGHTS TO SILVER STAR ROAD FROM LOTS 3-5, 8-16. 21. 22 AND
30-32. ARE DEDICATED TO THE CITY OF OCCEE.(SEE NOTE18.)
V4:, 11. TRACT C IS FOR RETENTION AND SHALL BE OWNED AND MAIN-
TAINED BY THE HOMEOWNERS' ASSOCIATION AS SET FORTH IN THAT
rIP DECLARATION FOR LAKE OLYMPIA-LAKE VILLAGE HOMEOWNERS
ASSOCIATION. INC.
12. TRACT B IS FOR RECREATION AND SHALL BE OWNED AND MAINTAINED BY THE
HOMEOWNERS ASSOCATION AS SET FORTH IN THAT CERTAIN DECLARATION
FOR LAKE OLYMPIA-LAKE VILLAGE HOMEOWNERS' ASSOCIATION. INC.
13. _ THE 10' WALL S LANDSCAPE BUFFER ON LOTS ADJACENT TO SILVER STAR
ROAD IS TO BE MAINTAINED BY THE LAKE OLYMPIA-LAKE VILLAGE
HOMEOWNERS' ASSOCIATION. INC.
14. THE 5' WALL 6 LANDSCAPE BUFFER ADJACENT TO OLYMPUS DRIVE IS TO
BE MAINTAINED BY THE LAKE OLYMPIA-LAKE VILLAGE HOMEOWNERS'
ASSOCIATION. INC.
15. ACCESS EASEMENT ACROSS TRACT C IS FOR INGRESS-EGRESS FOR THE
ADJACENT PROPERTY OWNERS AND FOR THE LAKE OLYMPIA-LAKE VILLAGE
HOMEOWNERS_ASSOCIATION. INC.
RIGHT-OF-WAY VACATION/ABANDONMENTS APPLICATION FORM
FEE: $500.00
Applicant Name: WILLIAM A. HERX AGENT FOR CENTEX HOMES, INC.
c/o ftER7C & ASOCIA ts, 1NG.
Applicant Address: 1230 DOUGLAS AVENUE SUITE 320
LONGWOOD, FL 32779
Description of Property to be vacated/abandoned: (Attach legal description, map, drawing, etc.)
Plat Book/Page Number. LOT 40 PLAT BOOK 29, PAGES 35 AND 36
Reason for request to vacate/abandon:
TO ELIMINATE TITLE ENCUMBRANCE - RETAINING WALL WAS CONSTRUCTED ADJACENT
HOUSE ON LOT 40 FOR STRUCTURAL PURPOSES. EASEMENT ABANDONMENT NECESSARY
TO PREVENT WALL REMOVAL AT DISCRETION OF OTHERS.
How was title to this property obtained by City? RECORD PLAT.
Certification:
1. This property was not acquired for State or Federal highway purposes.
2. This ion/abandonment will not adversely affect other property owners or unreasonably limit
acre
Signatures it '1't � 4
4
STATE OF FLORIDA
COUNTY OF SEMINOLE •
BEFORE ME, personally appeared WILLIAM A. HERX , personally known to
me or who provided as identification, who acknowledged before me that
HE is the person described in and who executed the foregoing instrument,and that
HE executed said instrument for the purposes therein expressed,and who did not take
an oath.
WITNESS my hand and official seal, this %cif_day of , 19 31_.
Notary Public
My commission expires:
ANN M. r lE7
j10T,aua.ic�3,
;cY` ,) MVComm Exp. 4-10-94
c,noed By Service ins. Co.
\.2.E..22/ No. CC184291
FORM-21 1
TO: City of Ocoee
Ocoee, Florida
FROM: June M. Rhodes
1229 Hawthorne,Cove Drive
Ocoee, Florida,' 34761
Telephone: (407) 877-8928
SUBJECT: Joinder in Easement Abandonment Application
I, the undersigned, am the owner of Lot 40 in Lake Olympia/
Lake Village Subdivision in the City of Ocoee, Florida, with
respect to which Centex Homes, Inc. , as developer, has requested
abandonment of the 5 foot easement for utilities on the East
side of the lot. This request was made by Centex at my insis-
tence for the purpose of curing a title defect in the title to
my property which results from construction of the retaining
wall, essential to the structural integrity of my house, within
the easemsent area. Therefore, Please accept this document as
my joinder, as owner, in the application or petition for the
abandonment of the said easement which has been filed by Centex.
Dated this 11th day of October, 1994 .
leu 111 6-1b5
June M. Rhodes
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 11th
day of October, 1994, by June M. Rhodes who is personally known
to me.
T ary 'ub ic
41K414.
_K . MARY VAN DEVENTER
My Commission CC355255
* ' J * Expires May.18,1998
4 Bonded by HAI
.44oft 800-422-1555
The Orlando Sentinel
FRIDAY, October 7, 1994
CITY OF OCOEE
NOTICE OF PUBUC HEARING
TO CONSIDER APPLICATION
FOR ABANDONMENT AND
VACATION OF CITY
RIGHT-OF-WAY
NOTICE OF HEREBY GIVEN
pursuant to Section 153-13 (D)
of Article II of the Code of the
City of Ocoee, that on October
118, 1994 at 7:30 p.m., or as
[soon thereafter as practical,the
OCOEE CITY COMMISSION
witLhold a PUBLIC HEARING at
la regular session at the Ocoee
Commission Chambers, 1501
North Lakeshore Drive, Ocoee,
Florida,to consider the applica-
tion filed by the City of Ocoee
for the aban.'nment and vaca-1
Ition of a ce right-of-way lo-?
cated in the :,w of Ocoee.
The utility easement proposed to
be abandoned and vacated is
the east 5'of Lot 40,Lake Olym-
pia-Lake Village Subdivision,re-
corded at Plat Book 29, Page
35-36."Notes#9"that is locat-
ed at 1229 Hawthorne Cove
Drive.It is located in.the City of
Ocoee in the Southwest 1/4 of
Section 16,Township 22 South,
Range 28 East.
That complete case file, includ-
ing a legal description of the
right-of-way to be abandoned
and vacated, may be inspected
at the Ocoee Planning Depart-
ment, 150 N. Lakeshore Drive,
between the hours of 8:00 a.m.
and 5:00 p.m., Monday through
Friday.
Interested parties may appear at
the meeting and be heard with
respect to the application. Any
person who desires to appeal
any decision made during the
public hearing may need a re-
cord of the proceeding and for
this purpose will need to ensure
that a verbatim record of the
proceedings is made which in-
cludes the testimony and evi-
dence upon which the appeal is
based.
JEAN GRAFTON,CITY CLERK
CITY OF OCOEE
1 CORA662028 Sept.7,1994
1
AGENDA 10-18-94
i i
Item V C l
For Recording Purposes Only
RESOLUTION NO. 94- 29
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA
ABANDONING AND VACATING A CERTAIN FIVE FOOT
UTILITY EASEMENT ABUTTING THE EASTERN PROPERTY
LINE OF LOT 40, LAKE OLYMPIA-LAKE VILLAGE
SUBDIVISION, ALSO KNOWN AS 1229 HAWTHORNE COVE
DRIVE, LOCATED WITHIN THE CORPORATE LIMITS OF
THE CITY OF OCOEE WITHIN THE SOUTHWEST 1/4 OF
SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST
AS SHOWN ON THE PLAT OF LAKE OLYMPIA-LAKE
VILLAGE SUBDIVISION, AS RECORDED IN PLAT BOOK
29, PAGE 35, 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 certain five (5) foot utility easement
abutting the eastern property line of Lot 40, of Olympia-Lake
Village Subdivision, also known as 1229 Hawthorne Cove Drive
located within the corporate limits of the City of Ocoee within the
Southwest 1/4 of Section 16, Township 22 South, Range 28 East as
shown on the Plat of Lake Olympia-Lake Village Subdivision, as
recorded in Plat Book 29 , Page 35, 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, June M. Rhodes, the owner of Lot 40, Lake
Olympia-Lake Village Subdivision according to the plat thereof
recorded in Plat Book 29 , Page 35 of the Public Records of Orange
County, Florida; and
WHEREAS, pursuant to Article II of Chapter 153 of the
Code of the City of Ocoee, an application has been filed by Centex
Homes, Inc. which was joined and consented to by June M. Rhodes
(collectively the "Applicant" ) to abandon and vacate the Easement;
and
WHEREAS, the Applicant has complied with the provisions
of Section 153-10 regarding the provision of certain information in
connection with the application; and
WHEREAS, the Easement is located 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 Hearing was published one (1)
2
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 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 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,
Chapter 166, Florida Statutes, and Article II of Chapter 153 of the
Code of the City of Ocoee.
SECTION TWO. 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 that certain five (5)
foot utility easement abutting the eastern property line of Lot 40,
Lake Olympia-Lake Village Subdivision also known as 1229 Hawthorne
3
Cove Drive located within the corporate limits of the City of
Ocoee, within the Southwest 1/4 of Section 16, Township 22 South,
Range 28 East as shown on the Plat of Lake Olympia-Lake Village
Subdivision, as recorded in Plat Book 29 , Page 35, of the Public
Records of Orange County, Florida, a legal description of such
easement to be abandoned and vacated being attached hereto as
Exhibit "A" and by this reference made a part hereof (the
"Easement") .
SECTION THREE. 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 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 FIVE. Effective Date. This Resolution shall
become effective immediately upon passage and adoption.
4
PASSED AND ADOPTED this day of , 1994 .
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S . Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 1994
READ FIRST TIME AND ADOPTED
, 1994,
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 1994 .
FOLEY & LARDNER
By:
City Attorney
C:\WPS 1\DOCS\OCOEE\RESOL JT.107110/13/94118W015I SWZ:dp
5
SKETCH OF LEGAL DESCRIPTION
EXHIBIT " A "
CURVE DELTA ANGLE RADIUS ARC TANGENT CHORD CHORD BEARING
C I 00.44'39' 385.00' 5.00' 2.50' 5.00' S 56'45'34-E
LINE BEARING DISTANCE
L 1 N 24°09 '53"W 5.86 '
TRACT 'A' LAKE OLYMPIA ,,,
9
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O
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W ':':' W
Z IS. •'
O N '•:•: N W
w :.::cm LOT 40 a LOT 41
N.
I- lE m
-4 N
o Portion or Easement
mrn .:•::: • to be abandonded.
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POINT OF 10 O1 '
BEGINNING CI lo. SIDEWALK AND UTILITY EASEMENT
POINT OF COMMENCEMENT
NORTHEAST CORNER LOT 40
H0Wth fe
Cove Drive
Commencing at a P.R.M. at the Northeast Corner of Lot 40,"Lake Olympia-Lake Village",
according to the plat thereof, as recorded in Plat Book 29, at pages 35 and 36 of the public
records of Orange County,Florida;Thence South 34 degrees 26 minutes 30 seconds West, along
the East line of Lot 40,a distance of 10.01 feet to the POINT OF BEGINNING;thence South 34
degrees 26 minutes 30 seconds West, a distance of 152.46 feet; thence North 24 degrees 09
minutes 53 seconds West, a distance of 5.86 feet; thence North 34 degrees 26 minutes 30
seconds East, a distance of 149.30 feet to the point of curvature of a non-tangent curve, concave
to the Northeast, having a radius of 385.00 feet, a central angle of 0 degrees 44 minutes 39
seconds, and a chord of 5.00 feet bearing South 56 degrees 45 minutes 34 seconds East; thence
Southeast along said curve, a distance of 5.00 feet to the POINT OF BEGINNING; said
described tract containing 0.02 acre, more or less.