Item V (B) Vacation Application 5' Utility Easement Abutting Lot 40, Lake Olympia-Lake Village Subdivision. (Continued from October 18, 1994 and November 1, 1994) "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" AGENDA 11-15-94
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�� CITY OF OCOEE COMMISSIONERS
,� • RUSTY JOHNSON
v Ipa 150 N.LAKESHORE DRIVE PAUL W.FOSTER
OCOEE FLORIDA 34761-2258 VERN COMBS
(407)656-2322
��',j, Zv JIM GLEASON
F'P Op GOOD�� CITY MANAGER
sapSAF6APIRO
STAFF REPORT
TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS
FROM: JULIAN HARPER, ZONING COORDINATORTX!(
THRU: RUSSELL B. WAGNER, PLANNING DIRECTOR
DATE: NOVEMBER 7 , 1994
SUBJ: VACATION APPLICATION 5 ' UTILITY EASEMENT
LOT 40 , LAKE VILLAGE, LAKE OLYMPIA SUBDIVISION
ISSUE:
Should the Honorable Mayor and Board of City Commissioners approve
the above Application to vacate the City of Ocoee ' s right to use
the subject five ( 5) feet utility easement (see the attached "Site
Location Map" , "Site Map" , and "General Notes - Lake Olympia-Lake
Village Subdivision")?
BACKGROUND:
The subject 5 ' utility easement was created in 1989 when Lake
Olympia Subdivision was created, pursuant to the "Land Development
Code" mandating the creation of utility and drainage easements to
serve these needs within all subdivisions .
The Applicant , William A. Herx as agent for Centex Homes and June
M. Rhodes , has requested the vacation of the subject 5 ' utility
easement to eliminate what is perceived to be a "title encumbrance"
that was created by construction of a retaining wall within the
utility easement and to prevent the removal of the wall at the
discretion of others (see attached photocopy of Vacation
Application and Rhodes letter . ) A search of City records indicates
that the aforementioned retaining wall was not built as a City
requirement but was installed by the developer or lot owner . The
wall was constructed, however , as part of the building permit
issued for the house .
Staff Report
November 7 , 1994
Page 2
DISCUSSION:
Staff was initially opposed to the vacation of this easement since
it could set a poor precedent . Perimeter utility easements are
required in all subdivisions within the City, and any arbitrary
vacations of such easements could create potential conflicts with
needed public and private utility services which benefit the
public . In this particular instance , there are no public or
private utilities situated within the easement to be vacated, and
there is no projected need to utilize it in the future . Of
greatest significance, however , is the fact that the City permitted
a structural retaining wall to be constructed within the easement
which created the title encumbrance .
STAFF RECOMMENDATION:
Upon further consideration of the unique circumstances affecting
this application, Staff respectfully recommends that the Honorable
Mayor and Board of City Commissioners vacate the subject 5 ' utility
easement as specified by Resolution No . 94-29 .
RBW/emk
Attachments
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-GENERAL NOTES
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LA ,
KE VILLAGE SD
fn2g 2,6
L Nom.
NOTES: A a�
-3— O DENOTES P.R.M. (4X4 C.M.) P.L.S. #3421 /0
-2. 0 DENOTES P.C.P P.L.S. 113421 4•
3. -. • DENOTES CHANGE IN DIRECTION NOT PERMANENTLY STAKED. �j`
4. RAD. DENOTES RADIAL LOT LINES. -�
5. N.R. DENOTES NON-RADIAL LOT LINES. 1D _
6. BEARING STRUCTURE IS BASED ON THE NORTH LINE OF THE SOUTHEAST 1/4 'off
OF SECTION 17-22-28. (NB8'41'19'W) .
7. NOTICE: THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT
RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS
OF THIS COUNTY.
NB. A 10' UTILITY EASEMENT IS DEDICATED ON ALL LOTS ADJACENT TO ALL el RIGHT-OF-WAY LINES. UNLESS OTHERWISE NOTED.
A 5' UTILITY EASEMENT IS DEDICATED ALONG ALL SIDE LOT LINES.
H
0. ACCESS RIGHTS TO SILVER STAR ROAD FROM LOTS 3-5. 8-16. 21. 22 AND
30-32. ARE DEDICATED TO THE CITY OF OCCEE.(SEE NOTEI8.)
VtrA6. 11. TRACT C IS FOR RETENTION AND SHALL BE OWNED AND MAIN-
TAINED BY THE HOMEOWNERS' ASSOCIATION AS SET FORTH IN THAT
A DECLARATION FOR LAKE OLYMPIA-LAKE VILLAGE HOMEOWNERS
ASSOCIATION. INC.
12. TRACT B IS FOR RECREATION AND SHALL BE OWNED AND MAINTAINED BY THE
HOMEOWNERS ASSOCATION AS SET FORTH IN THAT CERTAIN DECLARATION
FOR LAKE OLYMPIA-LAKE VILLAGE HOMEOWNERS' ASSOCIATION. INC.
13. . THE 10' WALLS LANDSCAPE BUFFER ON LOTS ADJACENT TO SILVER STAR
. ROAD IS TO BE MAINTAINED BY THE LAKE OLYMPIA-LAKE VILLAGE
HOMEOWNERS' ASSOCIATION. INC.
14. THE 5' WALL 6 LANDSCAPE BUFFER ADJACENT TO OLYMPUS DRIVE IS TO
BE MAINTAINED BY THE LAKE OLYMPIA-LAKE VILLAGE HOMEOWNERS'
' ASSOCIATION. INC.
15. ACCESS EASEMENT ACROSS TRACT C IS FOR INGRESS-EGRESS FOR THE
ADJACENT PROPERTY OWNERS AND FOR THE LAKE OLYMPIA-LAKE VILLAGE
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HDMEDWNERS_ASSOCIATI ON. INC.
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RIGHT-0E-WAY VACATION/ABANDONMENTS APPLICATION FORM
FEE: $500.00
Applicant Name: WILLIAM A. HERX AGENT FOR CENTEX HOMES, INC.
c.f0 rftKX & RSSOL1Alt , iNL.
Applicant Address: 1230 DOUGLAS AVENUE SUITE 320
LONGWOOD, FL 32779
Description of Property to be vacated/abandoned: (Attach legal description, map, drawing. etc.)
Plat Book/Page Number: LOT 40 PLAT BOOK 29, PAGES 35 AND 36
Reason for request to vacate/abandon:
TO ELIMINATE TITLE ENCUMBRANCE - RETAINING WALL WAS CONSTRUCTED ADJACENT
HOUSE ON LOT 40 FOR STRUCTURAL PURPOSES. EASEMENT ABANDONMENT NECESSARY
TO PREVENT WALL REMOVAL AT DISCRETION OF OTHERS.
How was titie to this property obtained by City? RECORD PLAT.
Certification:
1. This property was not acquired for State or Federal highway purposes.
2. This va ation/abandonment will not adversely affect other property owners or unreasonably limit
acre //�
Sigrxture(s
1�/0r11L2 ,WJ
STATE OF FLORIDA
COUNTY OF SEMINOLE •
BEFORE ME, personally appeared WILLIAM A. HERX , personally known to
me or who provided as identification, who acknowledged before me that
HE is the person described in and who executed the foregoing instrument,and that
HE executed said instrument for the purposes therein expressed,and who did not take
an oath.
WITNESS my hand and official seal, this __ day of , 19_L.•
I
11/..:Z;
Notary Public
My commission expires: i"� M. _
� \ . f i l c.
�morn;'-?!`j Y Comm Exv. 4-10-04
3;;;^dF^ By Service
No. CC1$4291
FORM-21 1
TO: City of Ocoee
Ocoee, Florida
FROM: June M. Rhodes
1229 Hawthorne,Cove Drive
Ocoee, Florida,' 34761
Telephone : (407) 877-8928
SUBJECT: Joinder in Easement Abandonment Application
I, the undersigned, am the owner of Lot 40 in Lake Olympia/
Lake Village Subdivision in the City of Ocoee, Florida, with
respect to which Centex Homes , Inc. , as developer, has requested
abandonment of the 5 foot easement for utilities on the East
side of the lot. This request was made by Centex at my insis-
tence for the purpose of curing a title defect in the title to
my property which results from construction of the retaining
wall, essential to the structural integrity of my house, within
the easemsent area. Therefore, Please accept this document as
my joinder, as owner, in the application or petition for the
abandonment of the said easement which has been filed by Centex.
Dated this 11th day of October, 1994 .
1-)1 '/N)4-c4--/5
June M. Rhodes
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 11th
day of October, 1994, by June M. Rhodes who is personally known
to me.
- /41;
No ary 'ub is
MARY VAN DEVENTER
'' My Cornrnission CC355255
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,b a l * Expires May.18,1998
•) I Bonded by HAI
#440~fpe 800-422-1555
The Orlando Sentinel
:..=:. FRIDAY,-Odbber7, 1994
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
TO CONSIDER APPLICATION
FOR ABANDONMENT AND
VACATION OF CITY
RIGHT-OF-WAY
NOTICE OF HERESY GIVEN
pursuer(to Section 15313 (D)
of Article II of the Code of the
City of Ocoee.tent on October
10. 1994 at 7:30 p.m., or as
soon atredter as make.nue
OCOEE CITY COMMISSION
Witold a PUBLIC HEARING et
a ropier session at ttw Ocoee
Commission Chambers,'150
NoM.Lakeshore Dewe, Ocoee,
Ronda.to cornidar the applica-
tion Sad by pie City of Ocoee
for nue abar>ypr,r a,d van-
• tion d a oeitsiinr�pf�sd01� kY;
•calsd in the Oaf of OoOes _
Tbe he rally eiwrtert propwed to
abrrdorted and vacated
the eget 5'of tat 40.We Oynn' ••
comet Plat PaWage Subdivision,p
3536,-Notes a9"that is locat-
ed at 1229 Hawthorne Cove
D en.M is locoed Wen City of
Ocoee in the Southwest A of
Section 16,Township 22 South.
Rings 26 East.
411X111)11161 case Se.Induct-
to abenndonedand wasted.may be
at
the Ocoee Riming=
mart.150 N. Lakahws Dries,
bebreen the Imre of M00 ant
and 5.133 p.m..Monday Vuouph
intereseal prase may appew at
Me nesting and be hard WM
as sto the mokation.An/
who deems apple*apple*ap
declaim made dwing Ilw
rypubic hewing may rip eed a 111.tl e papas orineed io awe
that averbsam record of the
proceedings is made which In-
dudes
►dudes the testimony and oil-
. dense upon which the appall S
JEAN GRAFTON.MY CLERK
CITY OF OCOEE
r Sept7,1994