Submitted By: Andrew Gray, Planner I
presenter
Presentation By: Andrew Gray, Planner I
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Resolution XX to abrogate portions of 30-foot-wide rights-of way generally associated with NW 13th Street and NW 1st Avenue of the 1300 block of N Magnolia Avenue more specifically lying 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, 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
• Property Owner: Magnolia Extension, LLC and Cincinnati Capital Partners 521, LLC
• Agent: Kendall Drake
Key Points:
The properties impacted by the NW 13th Street abrogation include different ownership (Magnolia Extension, LLC and Cincinnati Capital Partners 521, LLC). The portion of NW 1st Avenue being abrogated is internal to the Magnolia Extension, LLC site and will only impact that property. Both rights-of-way contain existing 8” gravity sewer lines and NW 13th Street also includes a streetlight but are otherwise undeveloped. A utility easement has been reserved in favor of the City of Ocala upon the abrogated portions of the rights-of-way.
Zoning and Land Use Details:
The property is within the B-4, B-5, and M-1 zoning districts and has an underlying land use of Low Intensity. The property is located between N Magnolia Avenue and the Florida Northern Railroad and between NW 14th Street a previously abrogated portion of NW 1st Avenue per Resolution 99-33 and recorded in OR Book 2600, Page 1849. The applicant has indicated an intent to utilize the abrogated areas through further development of the site.
• Rezoning to M-1 (ZON25-0008); A request has also been submitted 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 abrogation will not negatively impact any adjacent properties.
• Other than city utilities, no comments or objections have been received by other utility providers regarding the proposed abrogation.
Staff recommends approval of the request to abrogate, subject to the following condition:
1. The applicant will assume responsibility for maintenance of the 8” gravity sewer lines upon the north half of the abrogation of NW 13th Street and upon the abrogation of NW 1st Avenue and for charges related to convert the streetlight on NW 13th Street to a yard light subject to the applicable rates charged by OEU.
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 2025-XX
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.
CITY OF OCALA
By: __________________________
Ire J. Bethea Sr. City Council President
Attest: __________________________
Angel B. Jacobs
City Clerk
Approved as to form and legality:
____________________________
William E. Sexton
City Attorney
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