VI( B) Resolution No. 2002-11, Vacation of an Ingress-Egress Easement on Lot 18 Sawmill Phase I Agenda 7-16-2002
Ma or �e Center of Good L� Item VI B
Lyor .41e. Commissioners
S. Scott Vandergrift , ,., . [ Danny Howell, District 1
Scott Anderson,Anderson, District 2
City Managerk CORE Rusty Johnson, District 3
Jim Gleason """" "` Nancy J. Parker, District 4
TAFF REPOR
DATE: July 16, 2002
TO: The Honorable Mayor and City Commissioners FROM: Dennis R. Foltz, AICP, Principal Transportation Planner DT
THROUGH: Russell B. Wagner,AICP, Director of Planning ]
SUBJECT: Resolution No. 2002-11 f
Request to Vacate a City Easement on Lot 18- Sawmill Phase I (Johnson)
ISSUE:
Should the Mayor and City Commissioners approve Resolution No. 2002-11, abandoning and
vacating a platted ingress-egress easement to Tract "G" (drainage tract owned by the City of
Ocoee) generally described as all but the westerly 100 feet of Lot 18, Sawmill Phase I, according
to the plat thereof as recorded in Plat Book 23, pages 32, 33 34 and 35 of the public records of
Orange County, Florida.
BACKGROUND:
The attached map shows the location of the easement proposed to be vacated. The applicant,
Dorothy Johnson is proposing the vacation of this easement to enjoy full usage of the subject
property.
At the time of platting of Sawmill Phase I, the City placed the subject easement over a portion of Lot
18 to provide access to Tract "G", a retention pond owned and maintained by the City of Ocoee.
Access to Tract"G" is also available directly from Timber Trail, adjacent to the subject easement.
The applicant secured approval (see attached minutes) from the Sawmill Homeowners Association,
Inc., for the vacation of the easement. Notices of the application were mailed to all utility providers
and there were no objections to the proposed vacation. The application was also forwarded to the
City's Department Directors for comments and objections. There were no objections from City staff
to vacating the easement. Property owners within 300 feet of the road right-of-way were also
mailed a notification of this public hearing and an advertisement appeared in the July 4, 2002
Orlando Sentinel (see attached).
The City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761
phone:(407)905-3100•fax:(407)656-8504•www.ci.ocoee.fl.us �(�
Page 2,
Mayor and City Commission
Vacation of Easement,Lot 18,Sawmill Phase I(Johnson)
July 16,2002
DISCUSSION:
The easement affects the eastern two-thirds of the applicant's property.
As noted, the subject easement is not necessary for access to the City's Tract"G", since access is
available directly from Timber Trail.
Since the City has no future need for this easement and there are no other objections, there do not
appear to be any negative ramifications to the requested action. Vacation of the easement would
allow the full use and enjoyment of the residential parcel by the property's owner.
RECOMMENDATION:
Staff respectfully recommends that the Mayor and City Commissioners approve Resolution No.
2002-11, abandoning and vacating a platted ingress-egress easement to Tract "G" (drainage tract
owned by the City of Ocoee) generally described as all but the westerly 100 feet of Lot 18,
Sawmill Phase I, according to the plat thereof as recorded in Plat Book 23, pages 32, 33 34 and
35 of the public records of Orange County, Florida.
Attachments: Site Location Map
Sawmill Homeowners Association, Inc. May 16,2002 minutes
Copy of Public Hearing Advertisement
Resolution#2002-11
o:\dfoltz\projects\rowvacations\johnson\ccvacationsr.doc
POVVIT"
Protect Ocoee's Water Resources r r
VACATION OF EASEMENT
LOT 18 SAWMILL
CASE NO: VAC-02-002
I I
J 0 HNSON PROPERTY
TRACT"G"
111 .11111111 ..r.
to
I.M
a ii
... ,..___
ii -
11111111-11111111a0 01111111
N
Legend: ,1_
W ;'. E
-ir - SUBJECT EASEMENT
"' ' a
�' ° REMAINDER OF LOT 18 kala:���ch 30)feet
�, t00 o too zoo 300 40 F
�'w000>'�
Printed' June 2002
Ocoee Planning Department
05/31/2002 00:57 407-299-3031 PAGE 02
SAWMILL HOMEOWNERS ASSOCIATION, INC.
BOARD OF DIRECTORS' MEETING ti
MAY 16, 2002 7:00 P.M.
MINUTES
Sawmill Homeowners Association held a Board of Director's Meeting on Thursday,May 16,
2002. Members in attendance were Ty Fischer and Joel Keller. Nancy Parker attended from the
City/Community along with Mr. Johnson and Linda Cusimano represented Attwood-Phillips.
President Joel Keller called the meeting to order at 7:00 p.m.
Joel opened the floor to community participation. Nancy updated everyone on what was going
on in the city. The wall will be rebuilt and the plans are in the working stages at this time.
Mr. Johnson of 6826 Mill Stream discussed his request for the vacation of easement on his lot.
His plans are to fence the area to discourage trespassers and to eventually build 2 homes on the
lot.
Joel motioned to permit the vacation of the easement, Ty seconded and the motion carried. In
order to subdivide the lot, permission would have to be granted by the homeowners association
and the city agreed that they would not give permits unless approval was given to subdivide by
the Sawmill Board of Directors.
Joel motioned to approve the Minutes of January 17, 2002, Ty seconded and the motion carried.
Linda gave the financial report for the period ending April 30, 2002.
Linda read the Management Report. The habitual violators will be sent to the attorney.
Joel motioned to adjourn at 8:00 p.m., Ty seconded and the motion carried.
Orlando Sendnel
THURSDAY,JULY 4, 2002
CITY OF OCOEE ' I
NOTICE OF PUBLIC HEARING TO CONSIDER I
VACATION OF AN INGRESS-EGRESS EASEMENT 1
CASE NO.VAC-02-002:LOT 18,SAWMILL PHASE I
NOTICE IS HEREBY GIVEN pursuant to Sections 166.041 .
and 171.044, Florida Statutes,and Sections 1-10 and 5-9,
Ocoee Land Development Code,that on Tuesday,July 16 at
7:15 p.m.,or as soon thereafter as practical,the Ocoee City
Commission will hold a Public Hearing at the City Commis-
sion Chambers,150 North Lakeshore Drive,Ocoee,Florida
to consider adoption of the following Resolution:
RESOLUTION NO.2002-11
A RESOLUTION OF THE CITY OF OCOEE,FLORIDA,ABANDONING AND
VACATING A PLATTED INGRESS-EGRESS EASEMENT TO TRACT"G"
(DRAINAGE TRACT OWNED BY THE CITY OF OCOEE)LOCATED ON LOT
18,SAWMILL PHASE I GENERALLY DESCRIBED AS ALL BUT THE WEST-
ERLY 100 FEET OF LOT 18,SAWMILL PHASE I,ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 23,PAGES 32,33,34 AND
35,OF THE PUBLIC RECORDS OF ORANGE COUNTY,FLORIDA;PROVID-
ING FOR THE RESERVATION OF A PUBLIC UTILITY EASEMENT;PROVID-
ING FOR RECORDATION;PROVIDING FOR SEVERABILITY;PROVIDING
AN EFFECTIVE DATE.
The map shows the area proposed to be vacated:
VACATION OF EASEMENT
LOT 18 SAWMILL
CASE NO:VAC-02-002
JOHNSON PROPEFITY
coeur a•
/ 1iTiL11
.
—TP
wuY ..L 1 1 '.
t
( ---L,--_-_- II i _J .1 ........ r.
-�-1- ti
-- PI-=\=3 ' I:: i-,
c1111
N
{.� Legend:
AJ 4._Y ® EV/.ECT...strawW F.
®1111./..Of Lor le ...Y
\ f
\t
The City Commission may continue the public hearing to
other dates and times as desires.Any interested party shall
be advised that the dates,times,and places of any continu-
ation of this or continued public hearings shall be an-
nounced during the hearing and that no further notices re-
garding these matters will be published.
A copy of the proposed Resolution,including a complete le-
gal description by metes and bounds,may be inspected at
the Ocoee Planning Department, 150 North Lakeshore
Drive,between the hours of 8:00 a.m.and 5:00 p.m.,Mon-
day through Friday,except legal holidays. Interested par-
ties may appear at the meeting and be heard with respect
to the proposed Resolution.Any person who desires to ap-
peal any decision made during the public hearing will need
a record of the proceeding and for this purpose may need to
ensure that a verbatim record of the proceeding is made
which includes the testimony and evidence upon which the
appeal is based. Persons with disabilities needing assis-
tance to participate in any of the proceedings should con-
tact the City Clerk's Office 48 hours in advance of the meet-
ing at(407)905-3105.
JEAN GRAFTON,
CITY CLERK;
CITY OF OCOE
COR4544831
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
150 N.Lakeshore Drive
Ocoee,FL 34761
For Recording Purposes Only
Parcel Identification Number: 03-22-28-7821-00-180
RESOLUTION NO. 2002— 11
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING A PLATTED INGRESS-
EGRESS EASEMENT TO TRACT "G" (DRAINAGE TRACT
OWNED BY THE CITY OF OCEE) LOCATED ON LOT 18,
SAWMILL PHASE I GENERALLY DESCRIBED AS ALL
BUT THE WESTERLY 100 FEET OF LOT 18, SAWMILL
PHASE I, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 23, PAGES 32, 33, 34 AND 35,
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 certain ingress-egress easement to Tract "G", located on Lot
18, Sawmill Phase I, recorded in Plat Book 23, pages 32, 33, 34 and 35, of the Public
Records of Orange County, Florida (the "Property"; and
006.119229.2
WHEREAS, the City Commission desires that the 10' utility easement
along the lot lines of Lot 18 adjacent to the road right of way as established pursuant to
General Note 15 on the Plat of Sawmill Phase I recorded in Plat Book 23, Pages 32,
33, 34 and 35, of the Public Records of Orange County, Florida shall remain as an
encumbrance on the Property;
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 Property and all owners of property within
three hundred (300) feet in all directions of the Property; 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 Property; and
WHEREAS, the City Commission of the City of Ocoee finds that said
application and supporting documents are in accordance with the requirements of
006.119229.2 -2-
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 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 Easement.
The City Commission of the City of Ocoee, Florida, hereby abandons, vacates and
renounces any rights in and to that certain ingress-egress easement to Tract "G" over a
portion of Lot 18, Sawmill Phase I according to the Plat thereof as recorded in Plat Book
23, pages 32, 33, 34 and 35, of the public records of Orange County, Florida.
SECTION 3. Reservation of Public Utility Easement. Nothing
herein shall be construed as vacating the 10' utility easement along the lot lines of Lot
18 adjacent to the road right of way as established pursuant to General Note 15 on the
Plat of Sawmill Phase I recorded in Plat Book 23, Pages 32, 33, 34 and 35 of the Public
Records of Orange County, Florida.
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
006.119229.2 -3-
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
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 2002.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED ,2002
READ FIRST TIME AND ADOPTED
, 2002
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of , 2002.
FOLEY & LARDNER
By:
City Attorney
006.119229.2 -4-