HomeMy WebLinkAboutItem 13 McKey Street Project; Walker-Maguire Right-of-Way Vacation
AGENDA ITEM COVER SHEET
Meeting Date: March 1, 2005
Item # ~3
Contact Name:
Contact Number:
Terry L. James j t '0
407 -905-3100/1018
Reviewed By:
Department Director:
City Manager:
Subject: McKey Street Project
Walker-Maguire Right-of-Way Vacation
Vacation Resolution
V AC-04-005
Background Summary:
The alley runs in a north-south direction between Oakland Avenue and McKey Street parallel to Bluford
Avenue. This vacation is a component of the overall McKey Street Project where two additional portions of
alleyway needed for the project will be dedicated to the City. When completed this alleyway will run in an
east-west direction connecting Cumberland Avenue to Bluford Avenue. This roadway is not an arterial or
collector. Since the roadway is neither a collector nor an arterial road, a Planning & Zoning Commission
recommendation is not required.
Issue:
Should the Mayor and City Commissioners adopt a resolution abandoning and vacating portions of the right-
of-way for the alley running north-south between Oakland Avenue and McKey Street?
Recommendations
Staff recommends the Mayor and City Commissioners adopt a Resolution abandoning and vacating the
public right-of way for the north-south alley between the McKey Street and Oakland Avenue contingent upon
the utility easement requested by Progress Energy.
Attachments:
McKey Street Project Location Map with Vacation Only
McKey Street Project Location Map with Vacation & Dedications
Progress Energy response letter dated November 12, 2004
Vacation Resolution
Financial Impact:
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Type of Item:
i:8l Public Hearing
o Ordinance First Reading
o Ordinance First Reading
i:8l Resolution
o Commission Approval
o Discussion & Direction
For Clerk's Deaf Use:
o Consent Agenda
o Public Hearing
o Regular Agenda
D 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 ( )
D N/A
D N/A
D N/A
Commissioners
Danny Howell. District 1
Scott Anderson. District 2
Rusty Johnson. District 3
Nancy J. Parker. District 4
Mayor
S. Scott Vanderg-rift
City Manag-er
Robert Frank
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
FROM:
Terry L. James, Principal Planner
THROUGH: Russ Wagner, Community Development Director
DATE:
February 17,2005
RE:
McKey Street Project
Walker-Maguire Right-of-Way Vacation
Vacation Resolution
V AC-04-005
ISSUE:
Should the Mayor and City Commissioners adopt a resolution abandoning and vacating portions of the right-of-
way for the alley running north-south between Oakland Avenue and McKey Street?
BACKGROUND:
The alley runs in a north-south direction between Oakland Avenue and McKey Street parallel to Bluford
Avenue. This vacation is a component of the overall McKey Street Project where two additional portions of
alleyway needed for the project will be dedicated to the City. When completed this alleyway will run in an
east-west direction connecting Cumberland Avenue to Bluford Avenue.
The Maguire property owner will dedicate approximately 3 X 118 foot strip on the north side of their property
while Walker property owner will dedicate approximately 9 X 118 foot strip on the south side of their property
creating the extension of the existing alleyway connection between Bluford and Cumberland. (See attached
Vacation & Dedication Diagrams) The opening of the alleyway in the east-west direction is a critical
component of the McKey Street Project.
Since the roadway is neither a collector nor an arterial road, a Planning & Zoning Commission recommendation
is not required.
DISCUSSION:
The right-of-way vacation/abandonment application procedure requires the applicant to notify the affected
utility companies allow them to file their concerns and/or objections. Progress Energy was the only utility
company to express concern over the vacation and has requested a utility easement over the entire length of the
vacated portion of the alleyway. (See attached Progress Energy letter, dated November 12, 2004)
RECOMMENDATION:
Staff recommends the Mayor and City Commissioners adopt a Resolution abandoning and vacating the public
right-of way for the north-south alley between the McKey Street and Oakland Avenue contingent upon the
utility easement requested by Progress Energy.
Attachments: McKey Street Project Location Map with Vacation Only
McKey Street Project Location Map with Vacation & Dedications
Progress Energy response letter dated November 12,2004
Vacation Resolution
O:\Staff Reports\2005\SR05008_ T J_MckeyStreetProject_CC.doc
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Community Development Department
Planning Division
150 North Lakeshore Drive
Ocoee. FL 34761
407-905-3157
Date:
Subjeet:
Phil Ryan. BellSouth Engineering
P.J. King, Brlghthouse Networks
ick Gullett. Lake Apopka Natural Gas
Erin Toth, Progress Energy-Distribution
Laurie N. Dunston, Progress Energy-Transmission
Nelson "Joe" Puryea, Orange County Utilities Engineering
David Gionet, Orange County Roads & Drainage
Mike Jemiena, Sprint
10/13/04
Vacation & Abandonment of Right-of-Way or Easement
Legal Description Attached
Maguire-Walker Vacation/See attached sketch of description
To;
Project Name:
To Whom It May Concern:
The City of Ocoee received an application for vacation/abandonment for the above referenced property and requests your input
during the application review process. Your company or local govemment may be involved or concerned with this
vacation/abandonment.
Before the City proceeds with this application, we would appreciate your review and comments.
Please answer the following questions. and provide any additional comments, if necessary.
Q Our utility or government is (CONCERNED I NOT CONCERNED) with this vacation or abandonment.
o Our utifity or government (OBJECTS I DOES NOT OBJeCT) to this vacation or abandonment.
Comments (if I
any): Progress Energy has distribution facilities within the portion being
vacated and abandoned. Please reserve a Utility Easement over the full portion being
abandoned within the Resolution. Thank You!
Signature:
Print Name:
Erin L. Toth
Utility or Gov't.
Name:
Date:
PROGRES S ENERGY
November 12, 2004
Please return this form via E-Mal/Fax or Mail it to the address above;
Terry L. James, Principal Planner
Community Development Department.Plannlng Division
Fax: 407.905-3158
E-Mail: tjames@ci.ocoee.ft.us
THIS INSTRUMENT PREPARED BY:
Nicholas N. Palmer, Esq.
FOLEY & LARDNER LLP
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 244-7133
AFTER RECORDING RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 905-3100
For Recording Purposes Only
RESOLUTION NO.
(Vacation of Right of Way Resolution)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING THOSE PORTIONS OF
THAT CERTAIN 12 FOOT ALLEY FOUND IN BLOCK 3,
MAP OF OCOEE, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK A, PAGE 100 OF THE
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA
THAT LIE (i) EASTERLY OF LOT 22, WESTERLY OF LOT
25 AND LOT 26 AND WESTERLY OF THE SOUTHERLY 47
FEET OF LOT 24, AND (ii) EASTERLY OF LOT 3 AND
WESTERLY OF LOT 1,2, AND THE NORTHERLY 41 FEET
OF LOT 23; 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 those portions of that certain 12 foot alley found in Block 3, Map of Ocoee, according to the
plat thereof as recorded in Plat Book A, Page 10 of the Public Records of Orange County, Florida
that lie (i) easterly of lot 22, westerly of lot 25 and lot 26 and westerly of the southerly 47 feet of lot
24, and (ii) easterly of lot 3 and westerly of lot 1, 2, and the northerly 41 feet of lot 23, a legal
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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 (collectively, the "Roadway"); and
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 which 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)(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
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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, Chapter 166, Florida Statutes, and Article IT 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/or upon the Roadway in connection
with any existing or future utility extensions that may be located in, over, under and/or upon the
Roadway and any other utilities which 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 which may now or hereafter be located in, over, under and/or upon the Roadway.
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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
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
,2005.
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ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of ,2005.
FOLEY & LARDNER LLP
By:
City Attorney
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APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED ,2005
READ FIRST TIME AND ADOPTED
, 2005
UNDER AGENDA ITEM NO.
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EXHIBIT "A"
(the "Roadway")
That portion of Section 18, Township 22 South, Range 28 East, Orange County, Florida being
more particularly described as follows:
That certain 12.00 foot Alley, lying easterly of Lot 22, westerly of Lot 25 and Lot 26 and
westerly of the southerly 47 feet of Lot 24, all in Block 3, Map of Ocoee, according to the plat
thereof as recorded in Plat Book A, page 100 of the Public Records of Orange County, Florida.
Together with:
That certain 12.00 foot Alley, lying easterly of Lot 3 and westerly of Lot 1,2 and the northerly 41
feet of Lot 23, Block 3, Map of Ocoee, according to the Plat thereof as recorded in Plat Book A,
Page 100 of the Public Records of Orange County, Florida.
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