Item #12 Starke Lake Baptist Church Right of Way Vacation
AGENDA ITEM COVER SHEET
Meeting Date: January 16, 2007
Item # 1~
Contact Name:
Contact Number:
Catherine Armstrong
(407) 905-3100 ext. 1020
Reviewed By:
Department Director:
City Manager:
~-i:
Su~ject: .St;lrke Lake Baptist Church Right-of-way Vacation
Ynn~P'1e~30..footright-of..\Vay between West Avenue and Spring Avenue
VAC...o7 -009
District 2 -Commissioner Anderson
Background Summary:
The unnamed 30-foot right-of-way is located between the easterly right-of-way of West Avenue and
the westerly right-of-way of Spring Avenue. This area is currently grassed and wooded and is
adjacent to a power line (distribution) on the north side of Starke Lake Baptist Church. The
applicant is requesting the City of Ocoee to vacate this roadway in order to facilitate possible future
growth of the church.
Issue:
Should the Honorable Mayor and City Commissioners adopt a resolution vacating the 30-foot wide
public right-of-way for the unnamed roadway located between West Avenue and Spring Avenue?
DISCUSSION
Flewelling Avenue is a paved local street, which dead ends into Spring Avenue to the east of the
requested right-of-way vacation. Flewelling Avenue was never extended westerly nor is it planned
to be extended westerly in order to connect to West Avenue. The subject property runs east to
west, parallel to the A.C.L Railroad. To the north of the subject property and located on the north
side of the railroad, Rewis Street, a local roadway, facilitates the east-west roadway network.
Therefore, a continuation westward of Flewelling Avenue is considered to be obsolete.
In accordance with the Land Development Code, correspondence was sent to all utility
organizations during the review process. The City received no objections by any of the contacted
utilities; however, Progress Energy and Bright House Networks have requested a minimum 10-foot
wide easement area to accommodate present and future development. The vacation resolution
includes a standard section regarding 'reservation of public utility easement' to cover any and all
utilities that may be located in, over, under and/or upon the roadway right-of-way now or in the
future.
DEVELOPMENT REVIEW COMMITTEE
The Development Review Committee (DRC) met on January 3, 2007, to discuss the above
referenced right-of-way vacation. The representative for the application was present and staff
stated that all outstanding issues/comments had been resolved prior to the DRC meeting. The
DRC voted unanimously to recommend approval of the resolution to vacate the 30-foot wide public
right-of-way for the unnamed roadway located between West Avenue and Spring Avenue.
Recommendations
Staff recommends that the Honorable Mayor and City Commissioners adopt a resolution vacating
the 3D-toot wide public right-ot-way tor the unnamed roadway located between West Avenue and
Spring Avenue, subject to reservation ot a public utility easement over the abandoned roadway.
Attachments:
Location Map
Resolution
Boundary Survey
Financial Impact:
No impact
Type of Item:
t8J Public Hearing
D Ordinance First Reading
D Ordinance First Reading
t8J Resolution
t8J Commission Approval
D Discussion & Direction
For Clerk's Deot Use:
D Consent Agenda
D Public Hearing
D Regular Agenda
l8J Original Document/Contract Attached for Execution by City Clerk
D Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by (Planning)
D N/A
D N/A
D N/A
Starke Lake Baptist Church ROW Vacation
Location Map
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THIS INSTRUMENT PREPARED BY:
Nicholas N. Palmer, Esq.
FOLEY & LARDNER LLP
III North Orange Avenue, Suite 1800
Orlando, FL 32801-2386
(407) 423-7656
AFTER RECORDING RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 905-3100
~nr Do#"or..linn Pl1...rU\COOC Onh,
RESOLUTION NO.
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING ITS INTEREST IN AND TO
THAT PORTION OF THAT CERTAIN UNNAMED THIRTY (30)
FEET WIDE PUBLIC RIGHT OF WAY, LYING BETWEEN THE
EASTERLY RIGHT OF WAY LINE OF WEST AVENUE AND
THE WESTERLY RIGHT OF WAY LINE OF SPRING AVENUE
AS DEPICTED ON THE PLAT OF THE SECOND ADDITION TO
LAKEVIEW, PLAT BOOK L, PAGE 136 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 it
interest in and to that portion of that certain unnamed road, being a thirty (30) feet wide public
right of way, lying between the easterly right of way line of West A venue and the westerly right
of way line of Spring Avenue as depicted on the Plat of the Second Addition to Lakeview, Plat
Book L, Page 136 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"); and
OR LA_ 429024.1
WHEREAS, the City Commission of the City of Ocoee desires to reserve a public utility
easement over, under and/or upon the Roadway in connection with existing or future utility
facilities as well as the right of ingress and egress in, over, under and/or upon the Roadway for
the purpose of maintaining said utilities and any other utilities that may now or hereafter be
located in, over, under and/or upon the Roadway; 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)(l) 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.
2
ORLA_ 429024.1
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 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.
Reservation of Public Utility Easement. The City of Ocoee hereby
reserves a public utility easement over, under and upon the Roadway in connection with any
existing or future utility extensions that may be located in the Roadway and any other utilities
that 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 that 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
3
ORLA_ 429024.1
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 upon passage
and adoption.
PASSED AND ADOPTED this _ day of
,2007.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2007
READ FIRST TIME AND ADOPTED
, 2007
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this _ day of , 2007.
FOLEY & LARDNER LLP
By:
City Attorney
4
ORLA_ 429024.1
EXHIBIT "A"
(the "Roadway")
Begin at the Northwest Comer of Lot 30, Lakeview Subdivision, 2nd Addition, according to the
Plat thereof as recorded in Plat Book L, Page 136, of the Public Records of Orange County,
Florida; thence run N 00 degrees 00' 00" W, 29.71 feet to the southerly right-of-way line of
A.C.L. Railroad; thence N 67 degrees 46' 27" E, along said southerly right-of-way line 296.01
feet; thence S 00 degrees 00' 00" E, 28.84 feet to the Northeast Comer of Lot 13 of said
Lakeview Subdivision, 2nd Section; thence S 67 degrees 37' IO" W, along the Northerly Lot
Line of said Lots 13 and 30, 296.34 feet to the Point of Beginning.
A-I
ORLA_ 429024.1
BOUNDARY SURVEY
PROPOSED VACATION OF 30' PLATTED ROAD:
LffiAL DESCRIPTION: BEGIN AT THE NORTHWEST CORNER OF LOT 30, LAKEVIEW SUBDIVISION, 2ND
ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK L, PAGE 136, OF THE
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA' THENCE RUN N 00 DEGREES 00' 00" W, 29.71
FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF A.C.L. RAILROAD; THENCE N 67 DEGREES 46' 27"
E, ALONG SAID SOUTHERLY RIGHT -OF -WA Y LINE 296.01 FEETTHENCE S 00 DEGREES 00' 00" E,
28.84 FEET TO THE NORTHEAST CORNER OF LOT 13 OF SAID LAKEVIEW SUBDIVISION, 2ND SECTION;
THENCE S 67 DEGREES 37' 10" W, ALONG THE NORTHERLY LOT LINE OF SAID LOTS 13 AND 30,
296.34 FEET TO THE POINT OF BEGINNING.
CONTAINING 8,670 SQUARE FEET MORE OR LESS..
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LOT 30
LOT 29
N90"OO'OO.W
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!.EE.till
. F'QUND CONCRETE ~ONUt.tENT
. FOUND PROPERTY CORNER
o SET PROPERTY CORNER
o PERMANENT CONTROL POINT
'" DELTA
Ale AIR CONDITIONER
Bue BLOCK
B.O.8. BASIS or: BEARING
BRG. BEARING
CATV CABLE TELEVISION BOX
CHO. CHORD
C.LF. CHAIN UNK FENCE
C.M. CONCRETE MONUMENT
CONC. CONCRETE
COR. CORNER
COV. COVERED
D. DESCRIBED
D.E. DRAINAGE EASEMENT
E EAST
ENT. ENTRANCE
ENCL ENCLOSURE
ESldT. EASEMENT
FND. FOUND
loP. IRON PIPE
I.R. IRON ROO
l LENGTH
N. MEASURED
N NORTH
H/D N.6JL & DISC
P,C. POINT Of CURVATURE
P.C.P. PERMANENT CONTROL POINT
P.T. POINT OF TANGENCY
P.D.B. POINT Of BEGINNING
P.O.C. POINT OF COMMENCEMENT
.O.L. POINT ON LINE
P. PLAT
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LOT 15
274.02' (1./.)
274.0 (P)
t:J..Qill
R RAOIUS I RADIAl.
S SOUTH
SAN. SANITARY
SCR. SCREEN
S.W. SIDEWALJ(
T TANGENT
TEL TELEPHONE RISER BOX
TYP. TYPICAl
U.E. U'TlUTY EASENENT
U.R.B. UTlUTY RISER BOX
W WEST
W.F. WOOD FENCE
WJA. WATER UETER
,. BEARINGS ARE BASED ON RECORD PLAT.
2. THE SURVEY SHO~ HEREON WAS SURVEYED BY THE LEGAL
DESCRIPTION PROVIDED BY THE CLIENT.
3. ROOF OVERHANGS AND FOOTERS HAVE. NOT BEEN LOCATED.
.. NO IL4PROVEMENTS OR UNDERGROUND UTILITIES HI. \IE BEEN LOCATED
EXCEPT AS SHOWN.
5. THIS SURVEY IS NOT VAUD WITHOUT EMBOSSED SEAL.
6. THIS SURVEY IS NOT VAUD FOR ANY REAL ESTAlE TRANSACTIONS 90 DAYS
BEYOND THE FlNAL SURVEY DAlE SHO\Wll. I
7. THE SURVEYOR HAS NOT ABSTRACTED THE LANDS HEREON FOR
EASEMENTS OR RIGHT-OF-WAY OF RECORD.
8. THERE MAY ADDITIONAl RESTRICTIONS THAT ARE NOT RECORDED ON THIS
PLAT THAT MAY BE FOUND IN lHE PUBLIC RECORDS OF 'THIS COUNTY.
O. ALL BEARINGS / ANGLES AND DISTANCES ARE PLAT AND MEASURED
UNLESS NOTED OTHERWISE.
PREPARgTARKE LAKE BAPTIST CHURCH
PREP AREO BY:
CHARLES ROB DEFOOR
& ASSOCIATES, INC.
P.O. BOX 1763. APOPKA FLORIDA 32703 (407) 880-9811 .27 KNOLL TREE
LOT SURVEY DATE:
FOUNOA llON OA TE:
FINAL SURVEY DATE:
ORA\'noI DATE: 7-10-06
SCALE: 1" = 50'
PAGE 1 OF 1
REVISION DATE:
Copy of Public Hearing Advertisement
THURSDAY, JANUARY 4, 2007 Fe:;
Public earing
Notices
This action will abandon the
unnamed rlght-af-wav locat-
ed between West A venue
g~~aS:.ring A venue rights.
Interested parties mav ap.
pear at the public hearing
and be heard with respect
to the proposed actions.
The complete case file, in-
cluding a complete legal de.
scription bv metes and
bounds, may be inspected
at the Ocoee Communitv
Development Department!
Planning Division iocated at
150 North Lakeshore Drive,
Rg~;'on~'fMl~.~.~~~n5~'Jg I
p.m., Monday through Fri.
dov, eXcePt legal halidavs.
The Citv Commission mav
continue the pUblic hearing
to other dates and times, os
it deems necessarv. Anv In-
terested partv shaii be ad-
vised of the dates, times,
ft~~~~ams a~u'b1rc c~~~~1~~:
Anv continuation shall be
announced during the hear-
ing and no further notices
~lflatiedh~blits'h~~~ molters
You are advised that any
person who desires toap-
r~~lp~~IYc ~"e~~I~~ ~md~e~J
o record of the proceedings
and for this purpose mav
need to ensure that 0 verba-
tim record of the proceed-
ings is made which includes
the testimonv and evidence
gg~e~.whiCh the appeal is
Persons with disabilities
needing assistance to par-
ticipate in anv of these pro-
ceedings should contact the
Citv Clerk's Office 48 hours
~~ ~~~~~~jlO~~ the meeting
Beth Eikenberrv,
Cltv CI.erk
OLS160085 1/4107
Date Published
Or-IllMO ~tit'\~'
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