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Item 13 McKey Street Project – Walker-Maguire Right-of-Way Vacation "'enter of GOOd L' ~.".~='~ "co~ AGENDA ITEM COVER SHEET Meeting Date: April 5, 2005 Item#~3. Contact Name: Contact Number: Terry L. James 407 -905-3100/1018 Reviewed By: Department Directo : City Manager: Subject: McKey Street Project Walker-Maguire Right-of-Way Vacation Vacation Resolution VAC-04-005 Background Summary: The alley runs in a north-south direction between Oakland Avenue and McKey Street parallel to Bluford Avenue. This vacation is a component of the overall McKey Street Project where two additional portions of alleyway needed for the project will be dedicated to the City. When completed this alleyway will run in an east-west direction connecting Cumberland Avenue to Bluford Avenue. This roadway is not an arterial or collector. Since the roadway is neither a collector nor an arterial road, a Planning & Zoning Commission recommendation is not required. Issue: Should the Mayor and City Commissioners adopt a resolution abandoning and vacating portions of the right- of-way for the alley running north-south between Oakland Avenue and McKey Street? Recommendations Staff recommends the Mayor and City Commissioners adopt a Resolution abandoning and vacating the public right-of way for the north-south alley between the McKey Street and Oakland Avenue without any contingencies for a utility easement. Attachments: McKey Street Project Location Map with Vacation Only McKey Street Project Location Map with Vacation & Dedications Vacation Resolution Progress Energy "No Objection" letter dated March 2, 2005 Financial Impact: Type of Item: ~ Public Hearing D Ordinance First Reading D Ordinance First Reading ~ Resolution D Commission Approval D Discussion & Direction For Clerk's Deaf Use: D Consent Agenda D Public Hearing D Regular Agenda D 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 ( ) D N/A D N/A D N/A City Manager Robert Frank Commissioners Danny Howell. District 1 Scott Anderson. District 2 Rusty Johnson, District 3 Nancy J. Parker. District 4 Mayor S. Scott Vandergrift STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Terry L. James, Principal Planner THROUGH: Russ Wagner, Community Development Director DATE: March 7, 2005 RE: McKey Street Project Walker-Maguire Right-of-Way Vacation Vacation Resolution V AC-04-005 ISSUE: Should the Mayor and City Commissioners adopt a resolution abandoning and vacating portions of the right-of- way for the alley running north-south between Oakland Avenue and McKey Street? BACKGROUND: The alley runs in a north-south direction between Oakland Avenue and McKey Street parallel to Bluford Avenue. This vacation is a component of the overall McKey Street Project where two additional portions of alleyway needed for the project will be dedicated to the City. When completed this alleyway will run in an east-west direction connecting Cumberland Avenue to Bluford Avenue. The Maguire property owner will dedicate approximately 3 X 118 foot strip on the north side of their property while Walker property owner will dedicate approximately 9 X 118 foot strip on the south side of their property creating the extension of the existing alleyway connection between Bluford and Cumberland. (See attached Vacation & Dedication Diagrams) The opening of the alleyway in the east-west direction is a critical component of the McKey Street Project. Since the roadway is neither a collector nor an arterial road, a Planning & Zoning Commission recommendation is not required. DISCUSSION: The right-of-way vacation/abandonment application procedure requires the applicant to notify the affected utility companies allow them to file their concerns and/or objections. Progress Energy was the only utility company to express concern over the vacation and has requested a utility easement over the entire length of the vacated portion of the alleyway. After a reassessment based on a site visit, Progress Energy issued another letter indicating their original objection was incorrect and they no longer needed a utility easement on the vacated right-of-way. (See attached Progress Energy "no objection" letter, dated March 2, 2005) RECOMMENDATION: Staff recommends the Mayor and City Commissioners adopt a Resolution abandoning and vacating the public right-of way for the north-south alley between the McKey Street and Oakland Avenue. Attachments: McKey Street Project Location Map with Vacation Only McKey Street Project Location Map with Vacation & Dedications Vacation Resolution Progress Energy "No Objection" letter dated March 2,2005 SR05020 TJ WALKER-MAGUIRE ROW V ACA nON CC.DOC - - - - ^ II ~ o ~ McKey Street Project ROW Vacations Only Oakland Avenue 'C ; Q) "t: ~ Q) Q) .Q > Ec:c ~ o McKey Street _ Proposed Vacation of Alleyway Walker Maguire 'C Q) L. ~ ~ c ~ Q) - > mc:c McKey Street Project Vacations & Dedications Oakland Avenue "C Q) L.. :J o I: - Q) ~ > [Dc( Walker Maguire "C I: l'll Q) 't: :J Q) I: .c Q) E > :Jc( () ^ II ~ o <: MCKey treet Proposed Vacation of Alleyway Proposed Maguire Property Dedication Proposed Walker Propert' Dedication THIS INSTRUMENT PREPARED BY: Nicholas N. Palmer, Esq. FOLEY & LARDNER LLP III North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 AFTER RECORDING RETURN TO: Beth Eikenberry, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 (407) 905-3100 For Recording Purposes Only RESOLUTION NO. (Vacation of Right of Way Resolution) A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THOSE PORTIONS OF THAT CERTAIN 12 FOOT ALLEY FOUND IN BLOCK 3, MAP OF OCOEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK A, PAGE 100 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA THAT LIE (i) EASTERLY OF LOT 22, WESTERLY OF LOT 25 AND LOT 26 AND WESTERLY OF THE SOUTHERLY 47 FEET OF LOT 24, AND (ii) EASTERLY OF LOT 3 AND WESTERLY OF LOT 1,2, AND THE NORTHERLY 41 FEET OF LOT 23; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to abandon and vacate those portions of that certain 12 foot alley found in Block 3, Map ofOcoee, according to the plat thereof as recorded in Plat Book A, Page 10 of the Public Records of Orange County, Florida that lie (i) easterly of lot 22, westerly of lot 25 and lot 26 and westerly of the southerly 47 feet of lot 24, and (ii) easterly of lot 3 and westerly of lot 1, 2, and the northerly 41 feet of lot 23, a legal .1 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 (collectively, 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 ofOcoee, 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 ofOcoee, a Notice of Public Hearing was published one (I) 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- .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, 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 Roadwav. 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 ofthe remaining portion hereto. SECTION 5. Effective Date. This Resolution shall become effective upon passage and adoption. PASSED AND ADOPTED this _ day of ,2005. -3- .1 ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this _ day of ,2005. FOLEY & LARDNER LLP By: City Attorney .1 APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED ,2005 READ FIRST TIME AND ADOPTED , 2005 UNDER AGENDA ITEM NO. -4- EXHIBIT "A" (the "Roadway") That portion of Section 18, Township 22 South, Range 28 East, Orange County, Florida being more particularly described as follows: That certain 12.00 foot Alley, lying easterly of Lot 22, westerly of Lot 25 and Lot 26 and westerly of the southerly 47 feet of Lot 24, all in Block 3, Map of Ocoee, according to the plat thereof as recorded in Plat Book A, page 100 of the Public Records of Orange County, Florida. Together with: That certain 12.00 foot Alley, lying easterly of Lot 3 and westerly of Lot 1,2 and the northerly 41 feet of Lot 23, Block 3, Map of Ocoee, according to the Plat thereof as recorded in Plat Book A, Page 100 of the Public Records of Orange County, Florida. -5- .1 v ,,': MAR Li March 2, 2005 Mr. Terry L. James City of Ocoee Planning Division 150 North Lakeshore Drive Ocoee, FL 34761 RE: Vacation and Abandonment: 12' Alley lying adjacent to and abutting Lot 22, Block 3, MAP OF OCOEE, according to the Plat thereof as recorded in Plat Book A, Page 100, of the Public Records of Orange County, Florida. Dear Mr. James: Please be advised that Progress Energy Florida, Inc. has "no objection" to the vacation and abandonment of that certain portion of 12' alley lying adjacent to Lot 22, Block 3, MAP OF OCOEE, according to the Plat thereof as recorded in Plat Book A, Page 100, of the Public Records of Orange County, Florida, more particularly depicted on Exhibit "A" attached hereto and by this reference made a part hereof. If! can be of further assistance, please call. Sincerely, PROGRESS ENERGY FLORIDA, INe. '/' ,g~ ~ ~.:CL Erin L. Toth Senior Land Agent Enclosures 3250 Bonnet Creek Road . Post Office Box 10,000 . Lake Buena Vista . Florida . 32830 Telephone (407) 938-6683 . Facsimile (407) 938-6635 Exhibit "A" DESCRIPTION: A portion of Section lE, Township 22 South, Range 28 East, Orange County, Florida being more particularly described os follows: (jv1.Ab.'JL~"""€..- "\ That certain 12.00 foot Alley, lying easterly of Lot 22, westerly of Lot 25 and Lot 26 and westerly of the southerly 47 feet Lot 24. all in Block J, Mop of Ocoee, according to the plot thereof os recorded in Plot Book A. page 100 of the Public Records of Orange County, Florida, 12.00' ALLEY PER PLAT N 89'50'18" l- LOT ~ E; 12.00' Containing 1,764 square feet, more or less. I o 1" = 20' GRAPHIC SCALE . 1020 40 LEGEND & ABBREVIATIONS (p) = PLAT -I- I I I 1 I I 1 I I 1 I I I I I BLOCK 3 MAP OF OCOEE PLAT BOOK A, PAGE 100 LOT 22 ... N f- a ...J LOT 24 ~ a r... ... )- ...J a:: w ~ => a en ---1 ...... ~ ...... n. n. BLOCK 3 ......... ......... t-.. ll. r-... MAP OF OCOEE """ a::: '<t PLAT BOOK A. PAGE ,... W 100 :: ll. W ~ in LOT 25 in -I !:"> ~ -I !Xl <l:: !Xl 0 0 b b 0 0 0 0 ~ C/) Z ,... ~ LOT 26 -~ SURVEYORS REPORT: 1. Bearings shown hereon ore bosed on the West West, assumed. S 89'58'06" W 12.00' MCKEY STREET 60.00' RIGHT OF WAY PLAT BOOK A, PAGE 100 Right of l'loy line of Bluford Avenue, being North 00'10'42" 2. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 3. This Survey was performed without benefit af a Title search. A Title search may reveol additional information affecting the Parcel os shown. CH. 61G17-S. Rorido Admini~trotive Code req1Jires that a legal descri,tion 1H1~ng,~eNd~. AI%l~R~~. ~_~oo, SOUTHEASTERN SURVEYING &: MAPPING CORP. 6500 All American Boulevard Orlanda, Florida 32810-4350 CERT. NO. LB2108 (407) 292-8580 ail: infoOs eas surveyin am Description For Dote: May 10, 2004 MR JOb4~479009 soole1"=20' City of Ocoee Revised: