Item 06 Right-of-Way Vacation of a Portion of North Lakewood Avenue and Clarcona Ocoee Road for Ocoee Development IV, LLC (aka Ocoee Village Center); Project No: VAC-21-031 it&4
ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: September 21, 2021
Item #: �p
Reviewed By:
Contact Name: Michael Rumer Department Director: 777
Contact Number: (407) 905-3100 Ext. 1018 City Manager: Robert F- i • *
Subject: Right-of-Way Vacation of a Portion of N. Lakewood Avenue and Clarcona Ocoee Road
VAC 21-031
Commission District 1, Larry Brinson, Sr.
Background Summary:
The specific area of the right-of-way runs in an East-West direction between the existing improved N. Lakewood
Avenue and Clarcona Ocoee Road. The request is to vacate and abandon an approximately 11,000 SF remnant
portion that is unimproved and outside the County's right-of-way line for the existing improved Clarcona Ocoee
Road.
Upon vacation, the subject right-of-way will be combined with the Ocoee Village Center property. The property is
shown to be used in the Ocoee Village Center Southeast Retail Site Plan.
The applicant provided letters of "No Objection" from all applicable utility companies, which include Orange
County, Lake Apopka Natural Gas, Duke Energy, Century Link, AT&T, and the City of Ocoee. The Orange County
Property Appraiser's Office reviewed the vacate area and legal description and has no objections and has stated
no other entities are entitled to the proposed vacated area.
Issue:
Should the Honorable Mayor and City Commissioners adopt a resolution abandoning and vacating a portion of N.
Lakewood Avenue and Clarcona Ocoee Road, generally located on the south side of Clarcona Ocoee Road and
the eastern terminus of North Lakewood Avenue?
Recommendations:
Staff recommends that the City Commission approve a resolution abandoning and vacating a portion of N.
Lakewood Avenue and Clarcona Ocoee Road right-of-way, generally located on the south side of Clarcona
Ocoee Road and the eastern terminus of N. Lakewood Avenue.
Attachments:
Location Map
Aerial
Resolution Vacating Right-of-Way
Financial Impact:
N/A.
1
Type of Item: (please mark with an "x") _ _ _ _
® Public Hearing . For Clerk's Dept Use:
❑ Ordinance First Reading 0 Consent Agenda
❑ Ordinance Second Reading I Public Hearing
o Resolution ❑ Regular Agenda
® Commission Approval
O Discussion&Direction •
❑ 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
2
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AFTER RECORDING RETURN TO:
Melanie Sibbitt,City Clerk
CITY OF OCOEE
150 N.Lakeshore Drive
Ocoee,FL 34761
(407)905-3100
RESOLUTION NO. For Recording Purposes Only
(Partial Vacation of Right-of-Way Resolution for Clarcona Ocoee and N Lakewood Ave)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND
VACATING THAT PORTIONS OF NORTH LAKEWOOD AVENUE AND CLARCONA
OCOEE ROAD RIGHT-OF-WAY, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST '
OF SAID SECTION 5; THENCE NORTH 89°44'4 EAST ALONG THE SOUTH LINE OF
THE SOUTHWEST 1 OF SAID SECTION 5, A DISTANCE OF 30.00 FEET TO A
POINT ON THE WEST BOUNDARY OF PARCEL 62-161 RIGHT-OF-WAY `B' AS
DESCRIBED IN STIPULATED ORDER OF TAKING RECORDED ON OFFICIAL
RECORDS BOOK 5461, PAGE 2341, OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA; THENCE NORTH 00°53'06" WEST ALONG SAID WEST
BOUNDARY, A DISTANCE OF 1,434.83 FEET; THENCE SOUTH 89°10'10" EAST
ALONG THE NORTH BOUNDARY OF SAID PARCEL 62-161 RIGHT-OF-WAY 'B', A
DISTANCE OF 654.20 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE
OF CLARCONA-OCOEE ROAD; THENCE CONTINUE SOUTH 89°10'10" EAST, A
DISTANCE OF 22.65 FEET OF THE POINT OF BEGINNING; THENCE DEPARTING
FROM SAID SOUTH RIGHT-OF-WAY LINE, RUN NORTH 22°27'30' EAST, A
DISTANCE OF 46.47 FEET; THENCE NORTH 65°30'31" EAST, A DISTANCE OF
47.78 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE HAVING A
RADIUS F 1,385.18 FEET, A CENTRAL ANGLE OF 14°32'16' FOR AN ARC
DISTANCE OF 351.46 FEET TO A POINT LYING ON THE SOUTH RIGHT-OF-WAY
LINE OF CLARCONA-OCOEE ROAD; THENCE NORTH 89°10'10" WEST ALONG A
NON-TANGENT LINE AND SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF
405.02 FEET TO THE POINT OF BEGINNING, 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 North Lakewood Avenue and Clarcona Ocoee Road. 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, a map of said land herein described which clearly
shows the vacated area is attached hereto as EXHIBIT "B" and by this reference is made a part
hereof; 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
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:
2
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. 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 , 2021.
3
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED ,2021
READ FIRST TIME AND ADOPTED
,2021
UNDER AGENDA ITEM NO.
4
EXHIBIT "A"
(the "Roadway")
DESCRIPTION:
A PORTION OF THE SOUTHWEST '/4 OF SECTION 5, TOWNSHIP 22 SOUTH,
RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING PORTIONS OF THE
RIGHT-OF-WAY FOR NORTH LAKEWOOD AVENUE AND CLARCONA-OCOEE
ROAD MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST % OF SAID
SECTION 5; THENCE NORTH 89°44'4 EAST ALONG THE SOUTH LINE OF THE
SOUTHWEST '/4 OF SAID SECTION 5, A DISTANCE OF 30.00 FEET TO A POINT
ON THE WEST BOUNDARY OF PARCEL 62-161 RIGHT-OF-WAY `B' AS
DESCRIBED IN STIPULATED ORDER OF TAKING RECORDED ON OFFICIAL
RECORDS BOOK 5461, PAGE 2341, OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA; THENCE NORTH 00°53'06" WEST ALONG SAID WEST
BOUNDARY, A DISTANCE OF 1,434.83 FEET; THENCE SOUTH 89°10'10" EAST
ALONG THE NORTH BOUNDARY OF SAID PARCEL 62-161 RIGHT-OF-WAY `B', A
DISTANCE OF 654.20 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF
CLARCONA-OCOEE ROAD; THENCE CONTINUE SOUTH 89°10'10" EAST, A
DISTANCE OF 22.65 FEET OF THE POINT OF BEGINNING; THENCE DEPARTING
FROM SAID SOUTH RIGHT-OF-WAY LINE, RUN NORTH 22°27'30' EAST, A
DISTANCE OF 46.47 FEET; THENCE NORTH 65°30'31" EAST, A DISTANCE OF
47.78 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE HAVING A
RADIUS F 1,385.18 FEET, A CENTRAL ANGLE OF 14°32'16' FOR AN ARC
DISTANCE OF 351.46 FEET TO A POINT LYING ON THE SOUTH RIGHT-OF-WAY
LINE OF CLARCONA-OCOEE ROAD; THENCE NORTH 89°10'10" WEST ALONG A
NON-TANGENT LINE AND SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF
405.02 FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING 0.253 ACRES (11,040 SQUARE FEET), MORE OR LESS.
A-1
Exhibit "B"
North Lakewood Ave and Clarcona Ocoee Road.
Remenanf Parcel Vaction ofRight-of-Way
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COPY OF ADVERTISEMENT
Date Published and Media Name
r2k The West Ora.g:;,: -�irn :::,:•:.•.'..
n e Timess Thursday September 9 :.2021:`;:
Advertisement or Article
:: FIRST INSERTION..::::
::`:NOTICE OF PUBLIC BEARING '::::.:: :::.::
.. ••... TO CONSIDER THE RIGHT-OF-WAY VACATION
:OI±.I.IORTH.LAKEWOOD AVENUE AND CLARCONA 000EL+itOAD. :.
. .... . ..:::.:PROJECT NO.VAC-21.031:::.:. .:;.:: :.:::'.:..:..::,.,...•.
NOTICE IS HEREBY GIVEN,pursuant to Section 153-13,Article II of the Code.'•`.
ofthe City of Ocoee,that on TUESDAY,SEPTEMBER 21,2021,at 6:15 p.m.,or:
• as soon thereafter as practical,the OCOEE CITY COMMISSION will hold a PUB-
LIC HEARING at the Ocoee City Commission Chambers,MO North.Lakeshore
Drive,Ocoee,Florida,to consider the vacation of the I fight-of-Way for a portion of
LakewoodAveriue&Clarcona Ocoee Read to considertheadoption of the following
resolution: '.:....:............•.:......:....::. . ....:::........:..•. .. .
`:A RESOLUTION OF THE CITY OF OCOEE,FLORIDA,ABANDON-
.'RYG'AND VACATING.THAT PORTION OF NORTH.LAKEWOOD
..`AVENUE AND CLARCONA-:OCOEE ROAD,AN i1,0$0 SF POR-.:
".TION OF:THE'REMNANT ItIGHTOF-WAY'LYING SOUTH'OF
''CLARCONA*OCOEE ROAD AND EAST OF.NORTH LAKEWOOD.::
`.'AVENUE; PROVIDING FOR RECORDATION; PROVIDING.FOR
'SEVL.RAI3ILITY;PItOVtDINGANEI'VECTTYE DAT.[,,. `: i
Interested parties may appear at the public hearing aail.be heard with.respect to,\:_
the proposed actions..'•he complete ease file,including a complete legal descrip
tion by metes and bounds,may be.inspected at the Ocoee Development Services .`
Department;150 North'Lakeshore.Drive,Ocoee,Florida,between the hours:of
8:0o a.m.and 5:00.p.m.,Monday tluough Friday,except legal holidays.The City..:.
Commission may continue the public hearing to other dates and times,es it deems
necessary.Any interested party shall be advised that the dates,times,and places of:: •
any continuation of these or continued public hearings shall be announced during
the bearings and that no further notices regarding these matters wlll bepublished.:;.
You are advised that any person who desires to appeal any decision made during
the public hearings will need a record of the proceedings and for this purpose may.::.
need to,ensure tUat a verbatim record of the proceedings is made which includes the
testimony and evidence upon which the appeal.is.based.:Persons�vitb`dieabilities.:.
needing assistance to participate in any of the proceedings.should contact
Clerk's Ojlice 48 hours in advance of the,meeting et(407)905.-3105.
September$,2021 •• 21-03314W: