Item 04 Utility Easement Vacate Request Located at 1909 Leslie Ann Lane (VAC-22-033)Meeting Date: June 7, 2022
Item #: Ll
eviewed By.
Contact Name: Anoch Whitfield, Zoning Manag/43epartment Director: MichaoPuffleWs
Contact Number: 407-554-7079 k4Gity Manager: Row-A%
Background SuMMary.,
The applicant is seeking City approval to vacate the western 97.5 feet of the existing 5-foot Utility Easement
located along the south property line of Lot 13 of Jordana Hills, according to the Plat thereof as recorded in Plat
Book 10, Page 112, of the Public Records of Orange County, Florida, City of Ocoee, also described as 1909
Leslie Ann Lane and assigned parcel ID number 09-22-28-4046-00-130. The applicant hired a contractor to
obtain a permit to widen or extend their existing driveway up to the 5-foot easement. The permit was issued as
such. However, the applicant's contractor installed the pavers and a retaining wall with underground drainage
four (4) feet inside of the Utility Easement and about one (1) foot off of the south side property line. The permit
failed inspection due to inconsistency with the permit and encroachment into the easement. Thus, the applicant
is seeking to vacate the Utility Easement in order to keep the extended pavers and retaining wall. Should the City
Commission approve this vacation, the applicant will seek approval of a variance to Section 64H(2), LDC, which
requires that residential driveways be set back at least two (2) feet from the side or rear property lines. As
installed, the driveway is within one (1) foot of the side property line.
The City Utilities Engineer has reviewed the request for vacation of the easement and has no objections to the
vacation of the western 97.5-foot of the existing easement, protecting the 7.5-foot Utility Easement in the rear
(east) property line. All other affected utility companies were notified, and staff received letters of no objection
from said companies.
Issue:
Should the Honorable Mayor and City Commissioners adopt a Resolution abandoning and vacating the western
97.5 feet of the existing 5-foot Utility Easement located along the south property line of Lot 13 of Jordana Hills,
according to the Plat thereof as recorded in Plat Book 10, Page 112, of the Public Records of Orange County,
Florida, City of Ocoee, also described as 1909 Leslie Ann Lane, and assigned parcel ID number 09-22-28-4046-
00-130?
Staff Recommendations:
Staff recommends that the Honorable Mayor and City Commission adopt the Resolution abandoning and vacating
the western 97.5 feet of the existing 5-foot Utility Easement located along the south property line of Lot 13 of
Jordana Hills, according to the Plat thereof as recorded in Plat Book 10, Page 112, of the Public Records of
Orange County, Florida, City of Ocoee, also described as 1909 Leslie Ann Lane, and assigned parcel ID number
09-22-28-4046-00-130.
Attachments:
Location Map
Aerial Map
Survey
Plat
Resolution
Type of Item: (please mark with an 'Y)
❑x Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading ❑ Consent Agenda
❑ Ordinance Second Reading Public Hearing
❑ Resolution ❑ Regular Agenda
❑x Commission Action
n 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
4
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PLAT BOOK 10 - 1 1 2
AND PACE
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CERTIFICATE OF SURVEYOR
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CERTIFICATE— OF APPROVAL
BY MUNICIPALITY
THIS IS TO COMFY, That me
13 ATTEST..
CERTIFICATE OF APPROVAL
14 BY ZONING COMMISSION
Co TO CEFMIFY That . .......... the
Zoning ovelasion of Me above Municipally approved the foregoing
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CERTIFICATE OF COUNTY COMPTROLLER
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I.XW County Comptroller
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Melanie Sibbitt, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 905-3100
(Vacating Western 97.51 portion of a 5' Utility Easement
for Lot 13, Jordana Hills)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND
VACATING THE WESTERN 97.5-FOOT PORTION OF THE EXISTING 5-FOOT
UTILITY EASEMENT, LOCATED ON THE SOUTH SIDE OF LOT 13 of JORDANA
HILLS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10,
PAGE 112, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, CITY OF
OCOEE; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE -1-4,TE.
WHEREAS, the City Commission of the City of Ocoee desires to abandon and vacate
the western 97.5-foot portion of the existing 5-foot wide Utility Easement located on the south
side lot line of Lot 13, Jordana Hills, as depicted on the Plat Map of Ocoee, Plat Book 10, Page
112 of the Public Records of Orange County, Florida, and a legal description of such easement to
be abandoned and vacated is attached hereto as Exhibit "A" and by this reference made a part
hereof (the "Easement"); and
WHEREAS, the applicant has complied with the provisions of Section 153-10 of the
Code of Ordinances 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 Ordinances 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 Easement and all owners of the property within three
hundred (300) feet in all directions of the Easement; and
WHEREAS, pursuant to Section 153-13(D)(2) of the Code of Ordinances 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 Lot
containing the Easement; 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 11 of Chapter 153 of the
Code of Ordinances of the City of Ocoee and that the requested action is consistent with the City
of Ocoee Comprehensive Plan.
SECTION 1. Authorily. The City Commission of the City of Ocoee has the
authority to adopt this Resolution pursuant to Article V111 of the Constitution of the State of
Florida and Chapter 166, Florida Statutes, and Article 11 of Chapter 153 of the Code of
Ordinances 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 the portion of Easement.
2
SECTION 3. Recordation. A certified copy of this Resolution shall be filed with
the Orange County Comptroller and duly recorded arnong 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 S. Effective Date. This Resolution shall become effective upon passage
and adoption.
P11M
3
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED 2022
READ FIRST TIME AND ADOPTED
,2022
UNDER AGENDA ITEM NO.
EXHIBIT "A"
(the "Easement")
1 0 . 1 9
0, M I so 10
Mi
Date Published and Media Flame
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