Submitted By: Andrew Gray
presenter
Presentation By: Endira Madraveren
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Department: Growth Management
FORMAL TITLE:
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Resolution 2026-49 to abrogate portions of 30-foot-wide rights-of way for two roadways: NW First Avenue and NW 13th Street, associated with Parcel 2572-018-001, approximately 0.24 acres (Case ABR25-0003) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place
PROOF OF PUBLICATION:
N/A
BACKGROUND:
• Petitioner: Magnolia Extension, LLC
• Affected Property Owners: Magnolia Extension, LLC and PDO Properties LLC (formerly Cincinnati Capital Partners 521, LLC)
• Agent: Kendall Drake
Key Points:
The following properties are affected by the proposed abrogations:
• NW First Avenue - Magnolia Extension, LLC (applicant).
• NW 13th Street - Magnolia Extension, LLC (applicant) and PDO Properties LLC (formerly Cincinnati Capital Partners 521, LLC)
The section of NW First Avenue subject to the abrogation is located within the Magnolia Extension, LLC property (Parcel 2572-018-001) and will exclusively impact that site. The properties adjacent to the NW 13th Street abrogation (Magnolia Extension, LLC and PDO Properties LLC) are currently undeveloped. Both rights-of-way proposed for abrogation accommodate existing eight-inch gravity sewer lines. This is being addressed through a utility easement, reserved in favor of the City of Ocala for all abrogated portions of the rights-of-way.
Zoning and Land Use Details:
The abrogated areas are zoned B-4, B-5, and M-1 with an underlying future land use category of Low Intensity. In addition, the abrogated areas are located between N. Magnolia Avenue, the Florida Northern Railroad, and NW 14th Street. A portion of NW First Avenue was previously abrogated by Resolution 99-33, recorded in OR Book 2600, Page 1849.
Concurrent Petitions:
The applicant has indicated an intent to utilize the abrogated areas further to develop the site after the requested concurrent rezoning petition:
• Rezoning to M-1 (ZON25-0008); A request to rezone a portion of Parcel 2572-018-001 including the north half of the requested abrogation from B-4, General Business, to M-1, Light Industrial.
FINDINGS AND CONCLUSIONS:
• The requested abrogations will not negatively impact any adjacent properties.
• Other than City utility providers, no comments or objections have been received from other utility providers regarding the proposed abrogation.
Staff recommends approval of the request, subject to the following conditions:
1. The applicant will assume responsibility for maintenance of the eight-inch gravity sewer lines upon the north half of the abrogation of NW 13th Street and upon the abrogation of NW First Avenue.
2. The applicant also accepts charges related to converting the streetlight on NW 13th Street to a yard light consistent with the applicable rates charged by Ocala Electric Utility.
Planning and Zoning Commission: Staff presented to the Commission on July 13, 2026, and there were no public comments. The Commission voted six to zero to approve with conditions.
FISCAL IMPACT:
N/A
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
The resolution is pending review by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes.
• Deny
• Table
RESOLUTION 2026-49
A RESOLUTION FOR THE ABORGATION AND VACATION OF PORTIONS OF PUBLIC RIGHTS-OF-WAY APPEARING SOUTH OF LOT 3, BLOCK Q AND LYING NORTH OF LOT 2, BLOCK P AS WELL AS A RIGHT-OF-WAY LYING EAST OF LOT 1, BLOCK R, AND WEST OF LOTS 2 AND 3, BLOCK 2, OF ALLRED’S ADDITION TO OCALA PLAT AS RECORDED IN PLAT BOOK A, PAGE 74 AND 137, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
WHEREAS, application has heretofore been made by MAGNOLIA EXTENSION, LLC, a Florida limited liability company (“Applicant”) has heretofore made an application for the abrogation of the portions of rights-of-way (the “Abrogated Right-of-Way”) in Ocala, Marion County, Florida, as hereinafter more particularly described; and
WHEREAS, the City of Ocala is the owner of the right-of-way described above; and
WHEREAS, the applicant is seeking to abrogate the rights-of-way to allow for the expansion of the existing industrial facility; and
WHEREAS, the proposed abrogation was submitted to all appropriate utilities for consideration and no comments or objections were raised.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, in regular session as follows:
1. A PORTION OF N.W. 13TH STREET (30 FEET WIDE) LYING EAST OF THE FLORIDA NORTHERN RAILROAD RIGHT OF WAY AND SOUTH OF BLOCK Q AND BLOCK R, AND NORTH OF BLOCK P OF ALLRED’S ADDITION TO OCALA, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK A, PAGE 74, PUBLIC RECORDS OF MARION COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE S.W. CORNER OF LOT 3, BLOCK Q, ALLRED’S ADDITION TO OCALA, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK A, PAGE 74, PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE N.89°56’54”E., ALONG THE NORTH RIGHT OF WAY LINE OF N.W. 13TH STREET (30 FEET WIDE), 169.45 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF MAGNOLIA TERRACE (A 40 FOOT WIDE ABROGATED RIGHT OF WAY) PER RESOLUTION 99-34, RECORDED IN OFFICIAL RECORDS BOOK 2600, PAGE 1852, PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE CONTINUE N.89°56’54”E., ALONG SAID NORTH RIGHT OF WAY LINE, 15.00 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE, S.00°03’06”E., 30.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF N.W. 13TH STREET; THENCE S.89°56’54”W., ALONG SAID SOUTH RIGHT OF WAY LINE, 184.82 FEET TO THE N.E. CORNER OF LOT 2, BLOCK P OF SAID PLAT; THENCE N.59°00’25”W., 58.17 FEET TO AN INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF SAID N.W. 13TH STREET WITH THE NORTHEASTERLY RIGHT OF WAY LINE OF FLORIDA NORTHERN RAILROAD (WIDTH VARIES); THENCE N.89°56’54”E., ALONG SAID NORTH RIGHT OF WAY LINE, 20.21 FEET TO THE S.E. CORNER OF BLOCK R OF SAID PLAT; THENCE CONTINUE N.89°56’54”E., ALONG SAID NORTH RIGHT OF WAY LINE, 30.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING 6,292.08 SQUARE FEET (0.144 ACRES), MORE OF LESS.
RESERVING IN FAVOR OF THE CITY OF OCALA A UTILITY EASEMENT OVER, UNDER AND ACROSS THE ABOVE DESCRIBED LANDS.
2. THAT PORTION OF N.W. 1ST AVENUE (30 FEET WIDE) LYING ADJACENT TO LOTS 2 AND 3, BLOCK 2 OF “SUBDIVISION OF LOTS 1, 2 & 4 IN BLOCK Q OF ALLRED’S ADDITION TO OCALA”, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK A, PAGE 137, PUBLIC RECORDS OF MARION COUNTY, FLORIDA AND EAST OF LOT 1, BLOCK R, ALLRED’S ADDITION TO OCALA, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK A, PAGE 74, PUBLIC RECORDS OF MARION COUNTY, FLORIDA AND SOUTH OF N.W. 14TH STREET; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF N.W. 14TH STREET (WIDTH VARIES) AND THE EAST RIGHT OF WAY LINE OF N.W. 1ST AVENUE (30 FEET WIDE), SAID POINT BEING THE N.W. CORNER OF LOT 2, BLOCK 2 OF SUBDIVISION OF LOTS 1, 2 & 4 IN BLOCK Q OF ALLRED’S ADDITION TO OCALA, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK A, PAGE 137, PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE S.00°14’59”W., ALONG THE EAST RIGHT OF WAY LINE OF N.W. 1ST AVENUE, 69.94 FEET TO THE N.W. CORNER OF LOT 3, BLOCK 2 OF SAID PLAT; THENCE CONTINUE S.00°14’59W., ALONG SAID EAST RIGHT OF WAY LINE, 69.67 FEET TO THE S.W. CORNER OF LOT 3 OF SAID PLAT; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, N.89°47’19”W., 30.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF N.W. 1ST AVENUE; THENCE N.00°14’59”E., ALONG SAID WEST RIGHT OF WAY LINE, 139.34 FEET TO THE N.E. CORNER OF LOT 1, BLOCK R, ALLRED’S ADDITION TO OCALA, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK A, PAGE 74, PUBLIC RECORDS OF MARION COUNTY, FLORIDA, SAID POINT BEING ON THE SOUTH RIGHT OF WAY LINE OF N.W. 14TH STREET; THENCE DEPARTING SAID WEST RIGHT OF WAY, N.89°41’58”E., ALONG SAID SOUTH RIGHT OF WAY LINE, 30.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING 4,188.18 SQUARE FEET (0.096 ACRES), MORE OR LESS.
RESERVING IN FAVOR OF THE CITY OF OCALA A UTILITY EASEMENT OVER, UNDER AND ACROSS THE ABOVE DESCRIBED LANDS.
3. The City of Ocala does hereby abrogate rights-of-way located in Ocala, Marion County, Florida, as described and depicted on the attached Exhibits A and B.
4. A certified copy of the Resolution shall be recorded by the Clerk of the City of Ocala in the public records of Marion County, Florida. This Resolution dated and adopted this ___ day of ____ 2026.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Ire J. Bethea Sr.
City Clerk President, Ocala City Council
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney