Emergency Item #01 - Approval of Corrective Resolution Correcting Recorded Resolution No. 2016-008. Vacation of Right-of-Way for Azelea Ranch Land and a Portion of Johio Shores Road ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: May 2, 2017
Item # £�nuei.,y.Z><,�m,
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Reviewed By:
Contact Name: Melanie Sibbitt Department Director:
Contact Number: 1026 City Manager:
Subject: Approval of Corrective Resolution Correcting Recorded Reso ution No. 2016-008,
Vacation of Right-of-Way for Azalea Ranch Lane and a Portion of Johio Shores Road
Background Summary:
On June 7, 2016, the City Commission held a duly noticed public hearing and approved Resolution No. 2016-
008, abandoning and vacating a portion of right-of-way for Azalea Ranch Lane, and vacating a portion of Johio
Shores Road. On June 14, 2016, Resolution No. 2016-008 was recorded as document 20160307262, public
records of Orange County, Florida. Inadvertently, the document, as recorded in the public records of Orange
County, was incomplete and was recorded without the inclusion of Exhibit"A"and Exhibit"B".
The proposed Corrective Resolution is a title curative effort, which will serve to resolve an issue that is
currently an impediment to a title transfer, and it is in the best interest of the public to assist in such efforts.
Issue:
Should the Honorable Mayor and City Commissioners approve the Corrective Resolution Correcting Recorded
Resolution No. 2016-008, Vacation of Right-of-Way for Azalea Ranch Lane and a Portion of Johio Shores
Road?
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners approve the Corrective Resolution Correcting
Recorded Resolution No. 2016-008, Vacation of Right-of-Way for Azalea Ranch Lane and a Portion of Johio
Shores Road. The Corrective Resolution, including Exhibit "A" and Exhibit "B," shall be filed with the Orange
County Comptroller and duly recorded among the Public Records of Orange County, Florida.
Attachments:
Corrective Resolution for Vacation of Right-of-Way for Azalea Ranch Lane and a Portion of Johio Shores
Road,including Exhibit"A"and Exhibit"B".
Financial Impact:
Type of Item: (please math with an 51
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
PREPARED BY:
Dana Crosby Collier
Shuffleld,Lowman& Wilson, P.A.
1000 Legion Place Suite 1700
Orlando, Florida 32801
AFTER RECORDING RETURN TO:
Melanie Sibbitt,City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee,FL 34761
(407)905-3100 For Recording Purposes Only
CORRECTIVE RESOLUTION NO.2017-010
(CORRECTING Vacation of Right of Way Resolution for Azalea Ranch Lane and a portion of
Johio Shores Road, RESOLUTION 2016-008,which is recorded at document 20160307262, public
records of Orange County,Florida)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
CORRECTING THAT CERTAIN RESOLUTION ADOPTED BY
THE CITY COMMISSION ON JUNE 7,2016 AND RECORDED AT
DOCUMENT 20160307262, PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA; ABANDONING AND VACATING A SIXTY
(60) FOOT WIDE PUBLIC RIGHT OF WAY KNOWN AS AZALEA
RANCH LANE LYING SOUTH OF LOTS 10, 9, 8, 7, 6, 5 & TRACT
A, JOHIO BAY SUBDIVISION, BEING BOUNDED TO THE EAST
BY THE WEST RIGHT OF WAY LINE OF JOHIO SHORES
ROAD AND BEING BOUNDED TO THE WEST BY THE
EASTERLY LINE OF THE VACATED AZALEA RANCH LANE;
AND ABANDONING AND VACATING A PORTION OF SIXTY
(60) FOOT WIDE PUBLIC RIGHT OF WAY KNOWN AS JOHIO
SHORES ROAD, BEING BOUNDED TO THE NORTH BY
NORTHERLY LINE OF AZALEA RANCH LANE AND BEING
BOUNDED TO THE SOUTH BY NORTH RIGHT OF WAY LINE
OF W. SILVER STAR ROAD (SR 438), ALL BEING PART OF
LAKE JOHIO SHORES, A PORTION OF SECTION 16,
TOWNSHIP 22 SOUTH, RANCH 28 EAST, PER PLAT BOOK Q,
PAGE 54, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;
PROVIDING FOR RECORDATION; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 7, 2016, the City Commission of the City of Ocoee held a duly
noticed public hearing and approved Resolution 2016-008, abandoning and vacating that portion
of Azalea Ranch Lane, a sixty (60) foot wide public right of way, lying south of lots 10, 9, 8, 7,
6, 5 & Tract A, Johio Bay Subdivision, being bounded to the east by the west right-of-way line of
Johio Shores Road and being bounded to the west by the easterly line of the Vacated Azalea
Ranch Lane, as depicted on the Plat of Lake Johio Shores, Plat Book Q, Page 54 of the Public
Records of Orange County, Florida, 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 A"); and
WHEREAS, on June 7, 2016, the City Commission of the City of Ocoee held a duly
noticed public hearing and approved Resolution 2016-008, abandoning and vacating that portion
of Johio Shores Road, a sixty (60) foot wide public right-of-way, being bounded to the north by
the northerly line of Azalea Ranch Lane and being bounded to the south by the north right-of-
way line of W. Silver Star Road (SR 438), as depicted on the Plat of Lake Johio Shores, Plat
Book Q, Page 54 of the Public Records of Orange County, Florida, a legal description of such
right-of-way to be abandoned and vacated is attached hereto as Exhibit"B" and by this reference
made a part hereof(the"Roadway B"); and
WHEREAS, on June 14, 2016, Resolution 2016-008 was recorded at document
20160307262, public records of Orange County, Florida;
WHEREAS, document 20160307262, as recorded in the public records of Orange
County, is incomplete and was inadvertently recorded without the inclusion of Exhibit "A" and
Exhibit"B"; and
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WHEREAS, this Corrective Resolution is a title curative effort which will serve to
resolve an issue that is currently an impediment to a title transfer and it is in the best interest of
the public to assist in such efforts.
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 Corrective 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. On June 7, 2016, the
City Commission of the City of Ocoee, Florida, held a duly notice public hearing and approved
abandoning, vacating, and renouncing any rights in and to Roadway "A" and Roadway "B",
described respectively in Exhibit"A"and Exhibit"B",attached hereto.
SECTION 3. Recordation. A certified copy of this Corrective Resolution,
including Exhibit "A" and Exhibit "B", 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 Corrective 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 Corrective Resolution shall become effective
upon passage and adoption.
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PASSED AND ADOPTED this day of , 2017.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
READ AND ADOPTED
,2017
UNDER EMERGENCY ITEM 1.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,FLORIDA
APPROVED AS TO FORM AND LEGALITY
on this day of ,2017.
SHUFFIELD,LOWMAN & WILSON P.A.
By:
Scott Cookson, City Attorney
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EXHIBIT "A"
(the "Roadway A")
1
DESCRIPTION:
A PORTION OF AZALEA RANCH LANE, A 60' WADE RIGHT OF WAY PER THE PLAT OF LAKE JOHIO
SHORES, RECORDED IN PLAT BOOK 0, PAGE 54, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA,
BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT SOUTHEAST CORNER OF TRACT 'A', JOHIO BAY SUBDIVISION, RECORDED IN PLAT BOOK 28,
PAGE 3, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE ALONG THE EXTENDED WEST RIGHT
OF WAY UNE OF JOHIO SHORES DRIVE RUN SOUTH 0024'30- WEST, A DISTANCE OF 60.00 FEET;
THENCE DEPARTING SAID EAST EXTENDED RIGHT OF WAY UNE AND ALONG THE SOUTH RIGHT OF WAY
UNE OF AZALEA RANCH LANE, RUN NORTH 90100'00' WEST, A DISTANCE OF 598.73 FEET; THENCE
DEPARTING SAID SOUTH RIGHT OF WAY UNE, RUN NORTH 0024'29" EAST, A DISTANCE OF 60.00 FEET
TO A POINT ON THE NORTH RIGHT OF WAY UNE OF SAID AZALEA RANCH LANE; THENCE ALONG SAID
NORTH RIGHT OF WAY UNE RUN NORTH 90'00'00' EAST, A DISTANCE OF 598.73 FEET TO THE POINT
OF BEGINNING.
CONTAINING 35,911 SQUARE FEET OR 0.82 ACRES, MORE OR LESS.
THIS IS A SKETCH AND DESCRIPTION
AND IS NOT A SURVEY AS SUCH. SHEET 1 OF 2
SEE SHEETS 2 OF 2 FOR SKETCH
BEARINGS SHOWN HEREON ARE BASED ON THE NEST 1. THE SURVEYOR HAS NOT ABSTRACTED THE
RIGHT OF WAY UNE OF JOHIO SHORES DRIVE AS BEING UNO SHORN HEREON FOR EASEMENTS, RIGHT
50024'30'W, PER PUT. OF WAY, RESTRICTIONS OF RECORD WHIN MAY
AFFECT THE TITLE OR USE OF THE LAND
2. NO IMP'• VE BEEN LOCATED.
SKETCH OFDESCRIPTION 1 NOT v ' '+,@` 1301110
OF
PROPOSED VACATING PORTON OF AZALEA RANCH LANE 1,eTHf.10ENSEM'
LAKE IC HIO SHORES ELEL"IP' y�. ' tl, Jf'l1faR °
PIAT BOOK 0,PAGE SI SCAR "';�`� EEP .'./�
l TEE ITR CON t MAGES NOT
ORANGE COUNTY, R,OIOA sEGTMDE Ta2z-ze A M e R I CAN FEEL•
DAIS
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APPROVED er: 05-20-16 St ha APPING INC. E O>' :z3
maim By: 42 fEAIH3191 M OF ALJ1H IIND MIMED LBPl303
5141 MA JIBE BOULEVARD. MITE IDD
JOB NO. C9 4C3/4031102 AZALEA OMAHA FLORDA 32003JAMES 1
twos" . 0485
BRNLANERUI LE S .e+9 MNW Ax NIZIAAPPNGCOM DATE: Ca
SKETCH OF DESCRIPTION:
PROPOSED VACATING PORTION OF
AZALEA RANCH JANE
LAKE JOHIO SHORES
PLAT BOOK PAGE54
ORANGE COUNT,FLORIDA
SECTION 16-22-28
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PRIVATE ROADWAY,' AZALEA RANCH LANE 'NOR IH RIGHT OF WAY UNE AI ;
113 - / N0024229'E 60' RIGHT OF WAY PER POINT OF BEGINNING/ S •
60.001 LAKE JOHIO SHORES SOUTHEAST CORNER N RT
P.B. O. PAGE 54 TRACT •A• O
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N9oro0'DO'W
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LEGEND: DATE: 06-23-15 REVISED. AMERICAN
P.B. PLAT BOOK am r. ,• -• 101f
PER any S U RVEYI NIG
PCs PACES 05-20-16 $a MAPPING INC.
APPROVED BT. 0RH
GHF CDI1ElCA1i l OF A TIO DATON 1800393ER 18/B3
DRANK BY: 3191 MAOS saNEvum. SUM 200
JOB NaO .MCO.FLORIDA 32602
40 428-7979
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EXHIBIT "B"
(the"Roadway B")
2
DESCRIPTION:
A PORTION OF JOHIO SHORE DRIVE, ALSO KNOWN AS COUNTY ROAD, LAKE JOHIO SHORES, RECORDED
IN PLAT BOOK Q, PAGE 54, PUBUC RECORDS OF ORANGE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT SOUTHEAST CORNER OF TRACT 'A", JOHIO BAY SUBDIVISION, RECORDED IN PLAT BOOK 28,
PAGE 3, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE NORTH 90130'00 EAST, A
DISTANCE OF 81.70 FEET; THENCE SOUTH 00'24'40' WEST, A DISTANCE OF 213.54 FEET; THENCE
SOUTH 4819'05" EAST, A DISTANCE OF 78.74 FEET TO A POINT ON A NON TANGENT CURVE
CONCAVE NORTHWESTERLY. BEING ALSO A POINT ON THE NORTH RIGHT OF WAY UNE STATE ROAD
438, HAVING A RADIUS OF 828.74 FEET, A CENTRAL ANGLE OF 12'45'53 AND A CHORD DISTANCE
OF 184.25 FEET WHICH BEARS SOUTH 5016'20 WEST; THENCE RUN SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE, AND ALONG THE NORTH RIGHT OF WAY UNE OF STATE ROAD 438, A
DISTANCE OF 184.63 FEET TO A POINT ON SAID CURVE; THENCE DEPARTING SAID NORTH RIGHT OF
WAY LINE OF SAID STATE ROAD 438, RUN NORTH 0024'30" EAST, A DISTANCE OF 383.67 FEET TO
THE POINT OF BEGINNING.
CONTAINING 32,196 SQUARE FEET OR 0.74 ACRES, MORE OR LESS.
THIS IS A SKETCH AND DESCRIPTION
AND IS NOT A SURVEY AS SUCH. SHEET I OF 2
SEE SHEETS 2 OF 2 FOR SKETCH
BEARINGS SHONE HEREON ARE BASED ON THE WEST 1. THE SURVEYOR HAS NOT ABSTRACTED TIE
RIGHT OF WAY UNE CF JOHIO SHORES DRIVE AS BEINGft
IAM SHOWN HEREON FOR EASEMENTS. RIGHT
NOOK430'E, PER PIAT. iOF l\I
RE SIGNATUREAFFECT 1NEE TIT E OR USE OFCOONS Cf THE LAND MAY
SKETCH OF DESCRIPTION 2 NO MD
IMPROVEMENTS HAVE BEEN LOCATED.
OF
1 NOT VALID NI1HOUT DE AND
IPROPOSED VACATING OF RIGHT OF WAY THE MORAL RAI OF A FLORIDA
uCQRgD AlEL *A ,
KIHE SHORES DRIVE(A.KA.COUNTY ROAM 4. MK
IS � PACS NOT
PIAT BOOK Q PAGE 54 \
ORANGE COUNTY,RONDA SECTION 16Y-]8 EEL OR �
DATE: 10-17-15 �y�¢ LAS M E R I CAN S;(..<r `Ik14V 6
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SCALE: N/A COSIMENTs PER QIENT s 1..i F "dS1tI NIG z'a.'y 1.98,18 " ,• +
APPROVED �,, GRH
05-20-16 $a MAPPING INC. E - _: g
OG CERTEMATMH OF AUTHORCATON NUMBER 113,1393 'T•• A (C :•N
ERAMI BY: 3191 MA=MIE BOULEVARD. MITE 200 �— $$�(qV.,�,,77//(���Y
.IDB N0. ¢403 4031102 AZALEA 0(LMI0OT.1 FI A 32W JAM oEF).fAR, p 5
LANE S00.tlry WWR.MERic=1Cri mi1LAPPw¢CaM DATE ''.`O S7 . 13/dij R —
SKETCH OF DESCRIPTION:
PROPOSED VACATING OF RIGHT OF WAY
LAKEJONIO SHORES
P.B.L'I,PAGE 54
ORANGE COUNTY,FLORIDA
SECTION I6-22-28
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1 LOT S LOT T 1 LOT 6 LOT 5 j TRACT•A• '
RETENTION
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AZALEA RANCH LANE
60' RIGHT OF WAY PER POINT OF BEGINNING •" -. 1• = LOG
LAKE MHO SOUTHEAST CORNER Ni GRAPHIC SCALE
P.B. CI, PAGE 54 TRACT A , I ' IZ-NG 3V 100'
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R=828.74'
1 1 A=12'45'53"
=184.63'
C8=S5016'20"W
HAS POC CH=184.25'
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1-i
.4/-/ SR 4 3 8
AKA. SILVER STAR ROAD
---- RIGHT OF WAY %MOTH VARIES
...-
SHEET 2 OF 2
-� SEE SHEET 1 OF 2 FOR DESCHPTICN
IFGFNEe A51111
PCs AGES O0K DATE OB_25-15 REMD: AMERICAN
R
RADIUS a ,05' COSIUE11TS PER LNENT SURVY
EING
A CENTRAL ANGIE sew.
L ARC LENGTH APPROVED BY: OHI 05-20-16 Si MAPPING INC.
CB CHORD BEARING CERWICA 10N as AITHOWATI N MAIMMAIMS S
CH CHORD DISTANCE MANN GHF BY: 3191 WGUg poutt-Vmo.SUITE 2W
(NR) NOT RADIAL JOB Na G 403/4031102 AZALEA ORLANDO.FLORIDA 326113
POC POINT ON A CURVE BRANCH LANE SCO.Cp (40 410-TBX
NIIKAIEIeGN CMI
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by ( ) N/A
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