VI (E) Public Reading - Resolution No. 98-08, Abandonment and Vacation of Old Moore Road Right-of-Way Agenda 7-21-98
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" ItMAYOR COMMISSIONER
S. SCOTT VANDERGRIFT
O�
Ocoee
CITY OF OCOEE
COMMISSIONERS
•
DANNY HOWELL
O
.�.` r • 150 N. LAKESHORE DRIVE SCOTT ANDERSON
C OCOEE, FLORIDA 34761-2258
(407)656-2322 SCOTT A.GLASS
fr
NANCY J.PARKER
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CITY MANAGER
Of GOOD�� ELLIS SHAPIRO
STAFF REPORT
DATE: July 17, 1998
TO: The Honorable Mayor and City Commissioners
FROM: Robert Lewis, Senior Planner
THROUGH: Russ Wagner, AICP, Director of Planning
SUBJECT: Moore Road - Request to Vacate the Old Road Right-of-Way Alignment
Resolution 98-08
ISSUE:
Should the Mayor and City Commission approve Resolution 98-08, vacating the old alignment of
Moore Road, which lies just north of the new alignment of Moore Road and just east of Maguire
Road?
BACKGROUND:
The attached drawings show the location of the portion of the Moore Road right-of-way
proposed to be vacated. Notices of the application were mailed to all utility providers and there
were no objections to the proposed vacation. The property owners within 300 feet of the road
right-of-way were also notified of this public hearing and an advertisement appeared in the July
10, 1998 Orlando Sentinel (see attached).
As part of the development of the Plantation Grove PUD, the western portion of Moore Road
was re-aligned where it meets Maguire Road. However, the road right-of-way for the old
alignment was never vacated.
It has been the policy of the City to review vacations of road right-of-ways (and easements) which
adjoin vacant property at the time of development of that property. In this way, the City knows
whether there is any need for the property to remain public. This application is being considered
concurrently with a Preliminary Site Plan for the development of the adjacent property.
July 17, 1998
Honorable Mayor and City Commissioners
Page 2
DISCUSSION:
A Preliminary Site Plan for a multi-family development known as The Esplanade at Plantation
Grove is currently being processed for the property surrounding a portion of the old alignment of
Moore Road. That site plan anticipates that the road right-of-way for the old alignment of Moore
Road will be vacated, since it is no longer needed for a road. The Esplanade site plan is being
considered by the City Commission as a separate agenda item on tonight's agenda.
Within the old alignment for Moore Road there exists a large re-use water main (54 inch Conserv
II) located within a 60 foot utility easement. The application under consideration proposes to
vacate the old road right-of-way for Moore Road, but the utility easement for the Conserv II re-
use line would not be vacated. The site plan for The Esplanade at Plantation Grove is designed in
a fashion so as not to conflict with the 60 foot utility easement. Therefore, Resolution # 98-08
vacating this portion of Moore Road includes language which will preserve the 60 foot utility
easement after the road is vacated.
RECOMMENDATION:
Staff respectfully recommends that the Mayor and City Commissioners approve Resolution 98-08,
vacating a portion of Moore Road, which lies just north of the new alignment of Moore Road and
just east of Maguire Road.
Attachments: Resolution#9&08
Site Location Map
Copy of Public Hearing Advertisement
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The Orlando Sentinel. Friday, July 10, 1998
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
TO CONSIDEROAN APPLICA-
TIN
FOR ABANDONMENT AND ;
VACATION OF A PORTION
OF ROAD RIGHT-OF-WAY
NOTICE IS HEREBY GIVEN our-
',want to Section 153-13(D)of
Article II of the Code of the City
of Ocoee,that on July 21,1998
et 7:15 p.m.,or as soon thereaf-
ter as practical, the OCOEE
CITY COMMISSION will hold a
PUBLIC HEARING at a regular ,
session at the Commission
Chambers,Ocoee City Hall,150
North Lakeshore Drive,Ocoee,
Flonda.to consider the applica-
tion filed by Robert L Ferdi-
nand, Mary V. Ferdinand, and
James V. Ferdinand for the
abandonment and vacation of a
certain right-of-way located ,n-
Me City of Ocoee.
The ngM-0t-way proposed to be
abandoned and vacated is a 60
toot wide unimproved public
Eright-of-wa , according to the
• plat thereof es recorded In Plat-
Book 37,Pages 18 through 18,
of the public records of Orange
County,Florida in a portion of
the Northwest'<of Section 32
Township 22 South Range 28
East. Said right-of-way being
located at the Point of Begin-
ning being on the Northern
Rgm of Way line of the existing
Moore Road to the point of ter-
mination located on Maguire
Road.
The complete case flN-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 North Lakeshore
Drive,between the hours of 8:00
a.m. and 5:00 p.m., Monday
through Friday,except legal hoi-
TThe City Commission may con-
tinue the pudic hearing to other
dates and times as they deem
necessary. Interested parties
shall be advised that the dates,
times,and places of any contin-
uation of this or continued pub-
lic neanngs shall be announced
dunng the heanng and that no
further notices regarding these
matters will be published.
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 to en-
sure that a verbatim record of
the proceeding is made which
includes the testimony and evi-
1,
dance upon which the appeal.s
based.Persons with disabilities
needing assistance to partici-
pate in any of the proceedings
should contact the City Clerk s
Office 48 hours in advance of
the rtee�g at(407)658-2372.
JEANCITY CLERK
ON.
CITY OF OCOEE July 9,1998
COR2215780 JULY 10,1998
THIS INSTRUMENT PREPARED BY:
Scott A. Cookson,Esq.
FOLEY& LARDNER
111 North Orange Avenue,Suite 1800
Post Office Box 2193
Orlando,FL 32802-2193
(407)423-7656
AFTER RECORDING RETURN TO:
Jean Grafton,City Clerk
CITY OF OCOEE For Recording Purposes Only
150 N. Lakeshore Drive
Ocoee,FL 34761
RESOLUTION NO. 98-08
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING OLD MOORE ROAD,A 60
FOOT WIDE UNIMPROVED PUBLIC RIGHT OF WAY,
WITHIN A PORTION OF THE NORTHWEST 1/4 OF
SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
ORANGE COUNTY, FLORIDA, SAID RIGHT OF WAY
BEING LOCATED AT THE POINT OF BEGINNING BEING
ON THE NORTHERN RIGHT OF WAY LINE OF THE
EXISTING MOORE ROAD TO THE POINT OF
TERMINATION LOCATED ON MAGUIRE ROAD, AND
DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED
TO THIS RESOLUTION; PROVIDING FOR THE EFFECT
ON EASEMENTS; PROVIDING FOR RECORDATION;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to abandon and
vacate Old Moore Road, a 60 foot wide unimproved public right-of-way,within a portion of the
Northwest 1/4 of Section 32, Township 22 South, Range 28 East, Orange County, Florida, said
right-of-way being located at the Point of Beginning being on the Northern Right of Way line of the
existing Moore Road to the point of termination located on Maguire Road, a complete legal
description of said right-of-way to be abandoned and vacated is attached hereto as Exhibit"A" and
by this reference made a part hereto(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 153-13(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
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.
-2-
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 Roadway. The City
Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in
and to Old Moore Road, a 60 foot wide unimproved public right-of-way, within a portion of the
Northwest 1/4 of Section 32, Township 22 South, Range 28 East, Orange County, Florida, said
right-of-way being located at the Point of Beginning being on the Northern Right of Way line of the
existing Moore Road to the point of termination located on Maguire Road, a complete legal
description of said right-of-way being abandoned and vacated is attached hereto as Exhibit"A" and
by this reference made a part hereto(the "Roadway").
SECTION THREE. Effect on Easements. Nothing contained in this Resolution
shall be construed to in any way affect easements of record which may encumber the Roadway.
SECTION FOUR. 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.
-3-
SECTION FIVE. 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 SIX. Effective Date. This Resolution shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of ,1998.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Jean Grafton,City Clerk S. Scott Vandergrift,Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY ADVERTISED ,1998
THE CITY OF OCOEE,FLORIDA READ FIRST TIME AND
APPROVED AS TO FORM AND LEGALITY ADOPTED , 1998
this day of , 1998. UNDER AGENDA ITEM NO.
FOLEY& LARDNER
By:
City Attorney
C:1AII Data\EKPDFILEIORD&RES\Resolution98-08MooreRdVac.doc
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Exhibit "A"
SKETCH OF DESCRIPTION
_,Rra^CN W UNE NW SE_. 32 N 00'20'48" W
f 137.60' I 60.00'
- 'ORT10N OF THE NORTHWEST 1.'4 OF SECTION 32.
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