HomeMy WebLinkAboutItem 09 (b) Foote Property - Right-of-Way Vacation Resolution
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AGENDA ITEM COVER SHEET
Meeting Date: November 1, 2005
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Contact Name:
Contact Number:
Terry L. James
407 -905-3100/1018
Reviewed By:
Department Director:
City Manager:
Subject: Foote Property Right-of-Way Vacation
Cumberland Avenue & Washington Streets
V AC-05-007
Background Summary:
Washington Street and Cumberland Avenue are unimproved roadways with sixty-foot rights-of way. Neither
roadway is a collector or an arterial roadway.
The Applicant is requesting the City of Ocoee to vacate both roadways in order to facilitate the subdivision of the
properties into four single-family lots.
Since both roadways are neither a collector nor an arterial road, a Planning & Zoning Commission recommendation
is not required. Correspondence was sent to all utility organizations. No objections were registered by any of the
contacted utilities.
The Staff has requested that the vacation of Washington Street be conditioned on the following utility easements:
. The north 15 feet of right-of-way; and
. The south 30 feet of right-of-way.
There are no easements required for Cumberland Avenue.
Issue:
Should the Mayor and City Commissioners adopt a resolution abandoning and vacating the public right-of-way for
Cumberland Avenue between Orlando Avenue and Washington Street and Washington Street between Bluford
Avenue and Cumberland Avenue?
Recommendations:
Staff recommends the Mayor and City Commissioners adopt a resolution abandoning and vacating the public right-
of-way for Cumberland Avenue between Washington Street and Orlando Street, and Washington Street between
ten feet west of Bluford Avenue and Cumberland Avenue, subject to the reservation of utility easements as
described in the resolution.
Attachments:
Location Map
Vacation Resolutions
Financial Impact:
Type of Item: (please mark with an "x')
Public Hearing
_ Ordinance First Reading
Ordinance Second Reading
X Resolution
_ Commission Approval
Discussion & Direction
For Clerk's DeDt Use:
_ Consent Agenda
Public Hearing
_ Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
_ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
N/A
N/A
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City Manager
Robert Frank
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Commissioners
Garv Hood. District 1
Scott Anderson. District 2
Rustv Johnson. District 3
Nancy J. Parker. District 4
Mavor
S. Scott Vandergrift
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
FROM:
Terry L. James, Principal Planner
DATE:
October 4, 2005
RE:
Foote Property Right-of-Way Vacation
Cumberland Avenue & Washington Streets
V AC-05-007
ISSUE
Should the Mayor and City Commissioners adopt a resolution abandoning and vacating the public right-of-way
for Cumberland Avenue between Orlando Avenue and Washington Street and Washington Street between
Bluford A venue and Cumberland Avenue?
BACKGROUND
Washington Street and Cumberland Avenue are unimproved roadways with sixty-foot rights-of way. Neither
roadway is a collector or an arterial roadway.
The Applicant is requesting the City of Ocoee to vacate both roadways in order to facilitate the subdivision of
the properties into four single-family lots.
DISCUSSION
Since both roadways are neither a collector nor an arterial road, a Planning & Zoning Commission
recommendation is not required. Correspondence was sent to all utility organizations. No objections were
registered by any of the contacted utilities.
The Staffhas requested that the vacation of Washington Street be conditioned on the following utility
easements:
. The north 15 feet of right-of-way; and
. The south 30 feet of right-of-way.
There are no easements required for Cumberland Avenue.
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RECOMMENDATION:
Staff recommends the Mayor and City Commissioners adopt a resolution abandoning and vacating the public
right-of-way for Cumberland Avenue between Washington Street and Orlando Street, and Washington Street
between ten feet west of Bluford Avenue and Cumberland Avenue, subject to the reservation of utility easements
as described in the resolution.
Attachments:
Location Map
Vacation Resolutions
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Foote Property ROW Vacations
Location Map
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THIS INSTRUMENT PREPARED BY:
Nicholas N. Palmer, Esq.
FOLEY & LARDNER LLP
III North Orange Avenue, Suite 1800
Orlando, FL 32801-2386
(407) 423-7656
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 for Cumberland Avenue)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING THAT PORTION OF
CUMBERLAND AVENUE, A SIXTY (60) FOOT WIDE PUBLIC
RIGHT OF WAY, LYING BETWEEN THE SOUTHERLY RIGHT
OF WAY LINE OF WASHINGTON STREET AND THE
NORTHERLY RIGHT OF WAY LINE OF ORLANDO 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; 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 Cumberland Avenue, a sixty (60) foot wide public right of way, lying between the
southerly right of way line of Washington Street and the northerly right of way line of Orlando
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, 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
ORLA_389307.1
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
2
ORLA_389307.1
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 Roadwav. 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
,2005.
APPROVED:
CITY OF OCOEE, FLORIDA
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
S. Scott Vandergrift, Mayor
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ORLA_389307.1
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
ORLA_389307.1
ADVERTISED , 2005
READ FIRST TIME AND ADOPTED
, 2005
UNDER AGENDA ITEM NO.
4
EXHIBIT" A"
(the "Roadway")
That portion of Cumberland A venue lying between Washington Street and Orlando Street as
depicted on the Map of Ocoee, Plat Book A, Pages 100 and 101, as recorded in the Public
Records of Orange County, Florida being more particularly described as follows:
Beginning at the Northwest corner of Lot 6, Block 4 of said Map of Ocoee; thence along the
Easterly right-of-way of Cumberland Avenue, being a 60.00 feet right-of-way per said Map of
Ocoee S 00043'47" E, a distance of 198.09 feet to the Southwest corner of said Lot 6; thence
departing said Easterly right-of-way S 89046'53" W, a distance of 60.00 feet to the Southeast
corner of Lot 7, Block 4 of said Map of Ocoee, also being a point on the westerly right-of-way of
said Cumberland Avenue; thence along said Westerly right-of-way N 00043'47" W, a distance of
198.04 feet to the Northeast corner of said Lot 7; thence departing said Westerly right-of-way N
89043'50" E, a distance of60.00 feet to the POINT OF BEGINNING.
A-I
ORLA_389307.1
THIS INSTRUMENT PREPARED BY:
Nicholas N. Palmer, Esq.
FOLEY & LARDNER LLP
111 North Orange Avenue, Suite 1800
Orlando, FL 32801-2386
(407) 423-7656
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 for Washington Street)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING THAT PORTION OF
WASHINGTON STREET, A SIXTY (60) FOOT WIDE PUBLIC
RIGHT OF WAY, LYING BETWEEN TEN (10) FEET WEST OF
THE WESTERLY RIGHT OF WAY LINE OF BLUFORD AVENUE
AND THE EASTERLY RIGHT OF WAY LINE OF CUMBERLAND
AVENUE AS DEPICTED ON THE PLAT OF MAP OF OCOEE,
PLAT BOOK A, PAGES 100 AND 101 OF THE PUBLIC RECORDS
OF ORANGE COUNTY, FLORIDA; 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
that portion of Washington Street, a sixty (60) foot wide public right of way, lying between ten
(10) feet west of the westerly right of way line of Bluford Avenue and the easterly right of way
line of Cumberland Avenue, as depicted on the Plat of Map 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
ORLA_389307.1
WHEREAS, the City Commission of the City of Ocoee desires to reserve a public utility
easement over, under and/or upon the south thirty (30) feet and the north fifteen (15) feet of 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 that 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
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
2
ORLA_389307.1
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. Reservation of Public Utility Easement. The City of Ocoee hereby
reserves a public utility easement over, under and/or upon the south thirty (30) feet and the north
fifteen (15) feet of the Roadway in connection with any existing or future utility extensions that
may be located in the Roadway and any other utilities that 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 that may now or hereafter be located in, over, under and/or upon
the Roadway.
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ORLA_389307.1
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 ofthe remaining portion hereto.
SECTION 6.
Effective Date. This Resolution shall become effective upon passage
and adoption.
PASSED AND ADOPTED this _ day of
,2005.
4
ORLA_389307.1
, .
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
ORLA_389307.1
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED ,2005
READ FIRST TIME AND ADOPTED
, 2005
UNDER AGENDA ITEM NO.
5
EXHIBIT" A"
(the "Roadway")
All that portion of Washington Street, a sixty (60) foot wide public right of way, lying between
ten (10) feet west of the westerly right of way line of Bluford Avenue and the easterly right of
way line of Cumberland Avenue, as depicted on the Plat of Map of Ocoee, Plat Book A, Pages
100 and 101 of the Public Records of Orange County, Florida.
A-I
ORLA_389307.1