Submitted By: Kristina L. Wright
presenter
Presentation By: Kristina L. Wright
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
title
Public Hearing to abrogate an approximate 0.57 acre portion of railroad spur and utility right-of-way lying north of Lots 9-13 (Block F) and south of Lot 8 (Block F) of the Ocala Industrial Park as recorded in Plat Book H, Page 46, of the public records of Marion County, FL (Parcel 23656-000-01) (Case ABR24-45753) (Quasi-Judicial).
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Petitioner/Property Owner: Lorven Holdings LLC
• Agent: Robert D. Wilson, Esq.
The Ocala Industrial Park Plat included what is now abandoned railroad right-of-way. The petitioner has submitted a request to abrogate a portion of the abandoned right-of-way, located between SW 15th Avenue and SW 17th Avenue.
Century Link objected to the abrogation unless an easement was retained over the area. All other utility companies and internal departments did not have any objections to the proposed abrogation.
FINDINGS AND CONCLUSIONS:
Following concerns raised by CenturyLink, the petitioner discovered an unknown utility in the area. They petitioner has agreed to the placement of an easement over the abrogated portion of the right-of-way. The abrogation of this portion of the parcel will not adversely affect any utility company.
Staff recommends approval with the following condition:
The petitioner shall provide an easement over the abrogated right-of-way.
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
SUPPORT MATERIALS:
• Staff Report
• Case Map
• Aerial Map
• Survey
RESOLUTION 2024-XX
A RESOLUTION APPROVING THE ABROGATION AND VACATION OF A 33-FOOT WIDE, 0.57 ACRE PORTION OF THE RAILROAD SPUR AND UTILITY RIGHT-OF-WAY LYING NORTH OF LOTS 9-13(BLOCK F) AND SOUTH OF LOT 8 (BLOCK F) OF THE OCALA INDUSTRIAL PARK AS RECORDED IN PLAT BOOK H, PAGE 46, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
WHEREAS, application has heretofore been made by Lorven Holdings LLC, for the abrogation and vacation of that portion of the railroad spur and utility right-of-way, lying between SW 15th Avenue and SW 17th Avenue, in the Ocala Industrial Park, as recorded in Plat Book H, Page 46, of the Public Records of Marion County, 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, subsequent to said application a public hearing was held after due notice as provided by law, and
WHEREAS, comments regarding the effects of such a vacation on the public facilities of the City have been requested from appropriate city departments and private utilities; and
WHEREAS, all utilities were contacted and responded with no objection to the requested abrogation and vacation, with the exception of CenturyLink; and
WHEREAS, the City is requesting reservation of a utility easement over the described 33-foot wide 0.57-acre railroad spur and utility right of way, lying between SW 15th Avenue and SW 17th Avenue, in Ocala, Florida, as shown on the plat of Ocala Industrial Park; and
WHEREAS, on November 13, 2024, the Ocala Planning and Zoning Commission in regular session recommended approval of the abrogation and vacation of the 33-foot wide, 0.57-acre railroad spur and utility right of way, lying between SW 15th Avenue and SW 17th Avenue, in Ocala, Florida, as shown on the plat of Ocala Industrial Park
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, in regular session as follows:
1. That the southern half of the segment of the railroad spur in the Ocala Industrial Park lying between SW 15th Avenue and SW 17th Avenue described as that portion of the 33 foot railroad spur and utility right of way, lying north of Lots 9 through 13, Block F and South of Lots 8 and 14, Block F, Ocala Industrial Park, as per plat thereof recorded in Plat Book H, page 46, public records of Marion County, Florida; being more particularly described as follows:
BEGIN AT THE S.W. CORNER OF SAID LOT 8, BLOCK F; THENCE N.89°08’01”E., ALONG THE NORTH RIGHT OF WAY LINE OF SAID RAILROAD SPUR AND UTILITY RIGHT OF WAY, A DISTANCE OF 751.75 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF S.W. 15TH AVENUE (60 FEET WIDE), SAID POINT ALSO BEING THE S.E. CORNER OF SAID LOT 14, BLOCK F; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE, S.01°18’43E., ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 33.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF SAID RAILROAD SPUR AND UTILITY RIGHT OF WAY, SAID POINT ALSO BEING THE N.E. CORNER OF SAID LOT 13, BLOCK F; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE, S.89°08’01W., ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 752.65 FEET, TO A POINT ON THE EAST RIGHT OF WAY LINE OF S.W. 17TH AVENUE (60 FEET WIDE), SAID POINT ALSO BEING THE N.W. CORNER OF AFORESAID LOT 9, BLOCK F; THENCE DEPARTING SAID SOUTH RIGHTO OF WAY LINE, N.00°15’00”E., ALONG SAID EAST RIGHT OF WAY LIE, A DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING 0.57 ACRES, MORE OR LESS.
2. Reserving unto the City of Ocala a perpetual utility 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”).
3. 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 € 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.
4. 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.
5. 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 dated and adopted this ________ day of ____________________, 20__.
This Resolution adopted this ________ day of ____________________, 20__.
CITY OF OCALA
By: __________________________
xxxx City Council President
Attest: __________________________
Angel B. Jacobs
City Clerk
Approved as to form and legality:
____________________________
William Sexton
City Attorney