Submitted By: Divya Govindaraju
presenter
Presentation By: Patricia Hitchcock
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Resolution 2023-36 to abrogate the portion of SW 13th Street between South Pine Avenue and SW Third Avenue and a 12-foot-wide alley running south of said portion of SW 13th Street to SW 14th Street, approximately 0.36 acres, subject to reservation of easements (Case ABR23-45262) (Quasi-Judicial)
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OCALA'S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
* Applicant: Florida Hospital, Inc., and Marion County Hospital District
* Property Owner: Florida Hospital, Inc., and Marion County Hospital District
* Agent: Catalyst Design Group, PC
* The Florida Hospital, Inc., and Marion County Hospital District owns all properties that abut the portion of SW 13th Street between S. Pine Avenue and SW Third Avenue, and the 12-foot-wide alley between SW 13th Street and SW 14th Street.
* The applicants are requesting to abrogate the subject rights-of-way to allow for redevelopment.
* The portion of SW 13th Street between S. Pine Ave and SW
Third Street is a 45-foot-wide public right-of-way, currently used by Advent Health Hospital for emergency vehicle access. SW 12th Street and SW 14th Street are parallel to the subject street and provide alternative access to Advent Health Hospital.
* The 12-foot-wide alley between SW 13th Street and SW 14th Street connects medical offices and a parking lot at the Advent Health Hospital.
Planning & Zoning Commission recommended approval by a vote of five to zero with two recusals at the August 14, 2023, meeting.
FINDINGS AND CONCLUSIONS:
The proposed abrogation of the subject street and alley does not adversely affect connectivity and staff recommends approval subject to reservation of easements.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: This resolution will be reviewed by City Attorney, William E. Sexton.
ALTERNATIVE:
* Approve with amendments
* Deny
* Table
RESOLUTION 2023-36
A RESOLUTION APPROVING RECOMMENDATIONS OF THE OCALA PLANNING AND ZONING COMMISSION ABROGATING AND CLOSING THE PORTION OF SW 13TH STREET LOCATED BETWEEN SOUTH PINE AVENUE AND SW 3RD AVENUE, ALONG WITH A 12-FOOT WIDE ALLEY LOCATED EAST OF LOTS 2, 3, AND 6 AND WEST OF LOTS 1, 4 AND 5, AS SHOWN ON THE PLAT OF HILLVIEW ADDITION RECORDED IN PLAT BOOK A, PAGE 192, MARION COUNTY PUBLIC RECORDS, IN THE CITY OF OCALA, MARION COUNTY, FLORIDA. (ABR23-45262)
WHEREAS, application has heretofore been made by Marion County Hospital District and Florida Hospital Ocala, Inc., to the Ocala Planning and Zoning Commission for the abrogation and vacation of the portion of SW 13th Street located between South Pine Avenue and SW 3rd Avenue, along with a 12-foot wide alley located east of lots 2, 3, and 6 and west of lots 1, 4 and 5, as shown on the plat of Hillview Addition recorded in Plat Book A, Page 192, Marion County Public Records, Ocala, Marion County, Florida, as hereinafter more particularly described; and
WHEREAS, subsequent to said application a public hearing was held after due notice as provided by law; and
WHEREAS, at the hearing held as aforesaid no objections were made to the application subject to reservation of easements for abrogation of said portion of SW 13th Street located between South Pine Avenue and SW 3rd Avenue, along with a 12-foot wide alley located east of lots 2, 3, and 6 and west of lots 1, 4 and 5, as shown on the plat of Hillview Addition recorded in Plat Book A, Page 192, Marion County Public Records, Ocala, Marion County, Florida,;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, in regular session duly assembled as follows:
1. The City of Ocala does hereby abrogate, vacate and close the following described land located in Ocala, Marion County, Florida, to wit:
LEGAL DESCRIPTION FOR S.W. 13th STREET ABROGATION:
THAT PORTION OF S.W. 13th STREET (aka ELIZABETH STREET) (45 FEET WIDE), LYING SOUTH OF BLOCK 3, OF HILLVIEW ADDITION, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK A, PAGE 192, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; LYING NORTH OF BLOCK 2, OF SAID HILLVIEW ADDITION; LYING EAST OF S. PINE AVENUE (aka PINE STREET) (100 FEET WIDE), AND LYING WEST OF S.W. 3rd AVENUE (aka POND STREET) (40 FEET WIDE); SAID RIGHT-OF-WAY OF S.W. 13th STREET INCLUDES THE NORTH 5 FEET OF LOTS 1 AND 2, AND THE NORTH 5 FEET OF THE 12 FEET WIDE ALLEY LYING BETWEEN LOTS 1 AND 2, OF AFOREMENTIONED BLOCK 2 OF HILLVIEW ADDITION.
LEGAL DESCRIPTION FOR 12' ALLEY ABROGATION:
THE 12 FEET WIDE ALLEY LYING IN BLOCK 2, OF HILLVIEW ADDITION, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK A, PAGE 192, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; LYING SOUTH OF S.W. 13th STREET (aka ELIZABETH AVENUE); LYING NORTH OF S.W. 14th STREET; LYING EAST OF LOTS 2, 3, AND 6; AND LYING WEST OF LOTS 1, 4, AND 5.
2. Reserving onto the City of Ocala, and all other providers of the following utility services (the "Providers"), a perpetual easement for the construction, operation and maintenance of utilities, and related facilities including, without limitation, above-ground and underground water, sanitary sewer, storm water, cables, gas, phone, internet and electric transmission or distribution lines and systems (all of which items to be located in the easement area being referred to as the "facilities") over, under, across and on the vacated or abrogated land as described herein (the "easement area").
2.1 The easement rights specifically include: (a) the right of perpetual ingress and egress to patrol, inspect, alter, improve, construct, repair, maintain, rebuild, relocate, remove and provide access and service to the facilities; (b) the right to decrease or increase, or to change the quantity and type of, the facilities; (c) the right to clear the easement area of trees, limbs, undergrowth, and other physical objects (regardless of the location of such trees, limbs, undergrowth and other objects) which, in the opinion of the City (or of the Provider that owns the affected facilities), endanger or interfere with the safe and efficient installation, operation, or maintenance of the facilities; (d) the right to permit any other person or entity to attach lines to such facilities within the easement area; and (e) all other rights and privileges reasonably necessary or convenient for the safe and efficient installation, operation and maintenance of the facilities and for the enjoyment and use of such easement for the purposes described above. No buildings, structures, or obstacles (except fences and pavement) within the easement area shall be located, constructed, excavated or created within the easement area. Any proposed fence installation with appropriate gates must be approved by the City of Ocala Engineering Department and must allow ready access to the City's facilities.
2.2 Nothing set forth in paragraph 1 of this Resolution shall abrogate the street to the extent of the easement reserved in this paragraph 2.
3. 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 adopted this ______ day of ______________________, 2023.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs James P. Hilty Sr.
City Clerk President, Ocala City Council
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney