VI (1) Resolution No. 2002-16 re: Abandoning and Vacating a Portion of Cumberland Avenue Agenda 8-20-2002
Center of Good _ Item VI 1
Ca
Mayor ,Nhe -pne Commissioners
S. Scott Vandergrift «Ifu Danny Howell, District 1
w0 m^
Scott Anderson, District 2
City Manager O c'o Eg Rusty Johnson, District 3
Jim Gleason Nancy J.Parker District 4
MEMORANDUM
TO: The honorable Mayor and City Commissioners
r
.)L9. F FROM: Richard Firstner, Assistant Fire Chief K,
DATE: August 20,2002
RE: Resolution # 2002-16 - Request to Vacate a portion of Cumberland Ave.
Case Number VAC-02-003: Cumberland Avenue
STAFF REPORT
ISSUE:
T he City of Ocoee is in the process of design and construction of a New Main Fire Station. The
new station will replace the facilities currently located at the Municipal Complex that are totally
inadequate to accommodate departmental needs. The new facility is planned to provide space for
Fire Administration, "!raining, and the Main Fire Station Crew and fire-rescue Apparatus.
BACKGROUND:
The City of Ocoee investigated several potential locations for the new station. A critical
parameter for location is response time to meet minimum ISO standards. The City operates a
station in the northeast section on Clarke Road and a station in the southwest section on Maguire
Road. A central location near the Municipal Complex was important to maintaining response
times. The two vacant parcels at the intersection of Bluford Avenue and Columbus Street, south
of the Municipal Complex arc suitable for the location criteria; however are not of adequate size
to accommodate the facility needs with development conforming to the City's Land
Development Ordinance.
The attached map shows the location of the 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 application was also forwarded to the City's Department Directors for comments
and objections. There were no objections from City staff 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 August 8,2002, Orlando Sentinel (see attached).
l he City of Ocoee• 150 N Lakeshore Drive • Ocoee, I'lorida 34761
phone: (407)905-3100• fax: (407)656-8504• www.ci.ocoee.11.us
DISCUSSION:
Cumberland Avenue is a north/south right-of-way bisecting the site. The right-of-way is
unimproved through the site and unimproved as the right-of-way continues north and south of
the site. Parcel 2, Lot 10 being acquired by the City for construction of the station is split by the
unimproved right-of-way with a residual 0.24-acre piece remaining west of the right-of-way. An
abandoned CSX Railroad right-of-way borders the residual 0.24 acre piece of Parcel 2 to the
west. Abandonment of the Cumberland Avenue right-of-way unites Parcel 2 and allows the CSX
abandoned right-of-way to also be utilized for development. The resulting available land area is
sufficient to accommodate the planned needs of the Fire Station.
RECOMMENDATION:
Staff respectfully recommends that the Mayor and City Commissioners approve Resolution
#2002-16, vacating the property described above as Cumberland Ave. between Orlando Ave.
right-of-way and Columbus St. to accommodate the development of the property for the New
Main Fire Station.
Attachments: Site Location Map
Copy of the Public Hearing Advertisement
Resolution#2002-16
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CUMBERLAND AVENUE
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Subject Property �,/
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300 0 300 600 900 1200 1500 Feet
CITY OF OCOEENOTICE Of PUBLICNEAR/NG
TO CONSIDER VACATION OF A PUBLIC RIGHT OF WAY
SE
Orlando and T1]IEOdCA ENO.YAC50100ENCUMBERSLAND AVENUEi 166.Od1
Sentinel
�A�� .I➢and 5.9,
Ocoee Land Development Code,that on Tuesday,August M et
Published Dolly TIE p.m.,or os soon thereafter os practical,the Ocoee City
Commission wig hold o Public Hearing at the City Commis-
sion Chambers,150 North Lakeshore Drive,Ocoee,Florida
to consider adoption of the following Resolution:
gitateofitodba 1
S.S. RESOLUTION N0.]00216
A COUNTY OF ORANGE VACATINGNP PUBUC RN OF IIGXR OFE CRY OWAY CREATED XATHBANDE ONINGAL AND
IBBD
PUT FOR THE TOWN OF OCOEE GENERALLY DESCRIBED AS THAT
PORTION OF CUMBERLANO AVENUE BETWEEN THE SOWN RIGHT-OF,
Before the undersigned authority personally appealed Linda BridgewaterWAY LINE Of ORUNDOAVENUE AND THE NORTH RIGHTODWAY LINE
OF COLUMBUS STREET AS SHOWN ON BIOCA 4 MAP OF OCOEE AS
who on oath says RECORDED IN PLAT BOA A,PAGES 100 Si 101,OF THE PUBUC RE-
RESERVA-
that he/she is the Legal Advertising Representative of ODandc Sentinel, a daily CORDS OF OAANGE COUN1Y.FoRIB PROVIDING WA THE newspaper published at_0RI ARM() _ in 110X OfA PUBIC UNITY EASEMEVIDING FOR RECORDATION:
D ickN'j -- PROVIDING FOR BEVFAAAlI11Y;PROVIDING All EFFECTIVE DATE
that the attached copy of advertisement, being a C TT y AF County, Florida;
Q(OFF HST The map shows the area proposed to be vomrea:
in the matter of 4FC- iaf4iP_yb
thein oho. _ CUMBERLAND AVENUE
V P Court,
was published in said newspaper in the issue;of 11.9/D$I4)2
,�
Aitiant further says that the said Orlando Sentinel is a newspaper published at (C
� I
0'1 ANON n said /°i'._- . eS
aN�n County, Florida, I g-- s_•
?�'
and that the said newspaper has heretofore been continuously published in _
said�gA NG 7 lam,
County, Florida, Itr] l� �yr.t✓r {�
each Week Day and has been entered as second-class mail matter at the post mil,' lit office in 021 AN DO in said __ �—�—' 'r l ,if'r
0a period
County, Florida, � �r)TTT";T
for a period of one year next preceding the first publication of the attached i `
copy of advertisement; and affiant further says that he/she has neither paid
nor promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspap /�/(� N.
C 5h „/ n 1 � �Nu01eE1 Prop�ly
The foregoing instrument was acknowledged before me l s 8th _day of w r
_.- AItg 20 02 , by Linda Bridge W er yIr' s
who is personally known to me and did taken oalfh� c wa _a wa eoP ,Ay tp„
.),V R VV �. 1/Nct_sr _
(SEAL) •
The City Commission may continue the public hearing to
_ — other dotes and timesos desires.Any interested party shall
be advised that the dates,times,and places of any confirm,
eEVERLT C.SWYMfI$ alien of this or continued public hearings shall be on-
My Comm PA,LIY03 garding these matters will be publ shnounced urg the hearing and heC further notices re
No.DOOOIMI A copy of the proposed Resolution,including o complete le-
IIPeneu►1Faus BPaAta gal description by metes and bounds,may be inspected of
the Ocoee Planning Deportment, 150 North Lakeshore
Drive,between the hours of B:00 a.m.and 5:00 p.m.,Mom
day through ties may Friday,appear at the m legalInterested
eeting and be heardwithrespect
to the proPo%N Resolution.Any person who desires to aP
mde during
he
d]record of lthe proceeding 0 dt for this c purpose clohearing 'ylneed
to ensure that a verbatim record of the proceeding is made
which includes the appeal is based. a Persons with disabi ties needing ass is.evidence upon whch
fence to participate in any of the proceedings should con-
tact the City Clerk's Office 40 hours in advance of the meet.
ing at(40119054105.
JEAN GRAFTON,CITY CLERK,
CITY OF OCOEE
COR4600549 — —SAW
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
RESOLUTION NO. 2002 - 16
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING PUBLIC RIGHT OF WAY
CREATED IN THE ORIGINAL 1888 PLAT FOR THE TOWN
OF OCOEE GENERALLY DESCRIBED AS THAT PORTION
OF CUMBERLAND AVENUE BETWEEN THE SOUTH
RIGHT-OF-WAY LINE OF ORLANDO AVENUE AND THE
NORTH RIGHT-OF-WAY LINE OF COLUMBUS STREET
AS SHOWN ON BLOCK 4 MAP OF OCOEE AS RECORDED
IN PLAT BOOK A, PAGES 100 & 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 a portion of public right of way described as that portion of Cumberland
Avenue between the south right-of-way line of Orlando Avenue and the north right-of-way line of
Columbus Street as shown on Block 4 Map of Ocoee as recorded in Plat Book A, Pages 100 &
101, of the Public Records of Orange County, Florida (the "Roadway"); and
006.119229.Z
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
006119229.2 -2-
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. The City
Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights
in the roadway, and
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 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.
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
immediately upon passage and adoption.
006.119229.2 -3-
PASSED AND ADOPTED this day of , 2002.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED August 8 , 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
-4-006.119229.2