Item 13 McKey Street Project – Walker-Maguire Right-of-Way Vacation
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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
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McKey Street Project ROW Vacations Only
Oakland Avenue
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McKey Street Project Vacations & Dedications
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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
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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.
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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.
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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
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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.
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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.
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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:
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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.
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GRAPHIC SCALE
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1020 40
LEGEND & ABBREVIATIONS
(p) = PLAT
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BLOCK 3
MAP OF OCOEE
PLAT BOOK A, PAGE 100
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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
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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: