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HomeMy WebLinkAboutV (D) Approval and Authorization for Mayor and City Clerk to Execute the Right-of-Way Dedication for Windstone at Ocoee Subdivision �enxerofGood I Agenda 6-17-2003 Mayor ecby ne Commissioners annv II oveIItI.l m V D S. Scoll. Vandcrgrifl ' , , _ Damn Hmcell. District 1 / • Scott Anderson. District 2 ('its Manager ;,f :� ,j Rustyluhnson. District 3 Jim Gleason Nancy 1. Parker, Disi net 4 MEMORANDUM DATE: June 9, 2003 TO. The Honorable Mayor and Board of City Commissioners FROM: Rosanne M. GavriloviegMC. Engineer I THROUGH: David Wheeler, P.E. Director of Public Works SUBJECT_ Right of Way Dedication for Windstone at Ocoee Subdivision In conjunction with the approved plat of the Windstone at Ocoee Subdivision, please authorize the Mayor and City Clerk to execute the attached document, dedicating right-of-way along A. D. Mims Road to the City_ Attachment City of Ocoee • 150 N Lakeshore Dnvc • Ocoee. Florida 34761 phone: (407)9 0 5-3 1110• fas:(407)656-85(14•www ci.ococe.l.us THIS INSTRUMENT PREPARED BY Jason O. Williams, Esq. FOLEY & LARDNER I I 1 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32 8 02-2 1 93 (407) 423-7656 AFTER RECORDING RETURN TO: City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, Florida 34761 For Recording Purposes Only RIGHT-OF-WAY DEDICATION THIS RIGHT-OF-WAY DEDICATION is made this day of , 2003 by the CITY OF OCOEE, a Florida municipal corporation, whose post office address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter called the "City")f. W_ ITNESSETH: WHEREAS, the Plat for Windstone at Ocoee — Phase 1 (` Windstone") recorded in Plat Book , Page in the Public Records of Orange County, Florida (the "Plat") provides for the platting of two non-contiguous parcels; and WHEREAS, the roadways within Windstone are public roadways; and WHEREAS, the City has agreed to dedicate certain real property located in Orange County, Florida as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the `Right-of-Way Property") as a public roadway in order to link the parcels of Windstone and the public roads located therein as shown on the Plat; and WHEREAS, the developer of Windstone has constructed roadway improvements within the Right-of-Way Property (the "Right-of-Way Improvements"); and WHEREAS, the developer of Windstone has provided a maintenance bond in favor of the City for the Right-of-Way Improvements in accordance with plans approved by the City; and WHEREAS, the Right-of-Way Property is intended to be a part of Canyon Trail Lane as shown on the Plat. 006 286949.1 NOW, THEREFORE, in consideration of the sum of Ftvr AND NO/100 DOLLARS ($5.00) and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, each intending to be bound, hereby agree as follows: 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. Dedication. City hereby dedicates the Right-of-Way Property to the perpetual use of the public for right-of-way purposes. IN WITNESS WHEREOF, the City has caused this instrument to be executed in its name the day and year first above written. Signed, sealed and delivered CITY: in the presence of: CITY OF OCOEE, a Florida municipal corporation By: Print Name: S. Scott Vandergrift Mayor Attest: Print Name: Jean Grafton, City Clerk [AFFIX SEAL] For use and reliance only by the City of APPROVED BY THE OCOEE CITY Ocoee, Florida. Approved as to form and COMMISSION AT A MEETING legality this day of HELD ON 2003. UNDER AGENDA ITEM NO. Foley & Lardner By: City Attorney -9- 006.286949.1 STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON well known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. They are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2003. Signature of Notary Name of Notary (Typed. Printed or Stamped) Commission Number (d not IcgrbIE en seal): My Commission Expires (d net legible on seed): 006 286949.1 -3- EXHIBIT "A" (The "Property") A PORTION OF TRACT "G", SAWMILL PHASE I, AS RECORDED IN PLAT BOOK 23, PAGE 32 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID TRACT "G"; THENCE NORTH 89°56'52" WEST ALONG TIIE NORTH LINE OF SAID TRACT "G", 228.21 FEET; THENCE RUN SOUTHEASTERLY 92.32 FEET ALONG THE ARC OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 75.00 FEET, A DELTA OF 70°31'44" AND A CHORD BEARING OF SOUTH 54°41'00" EAST; THENCE SOUTH 89°56'52" EAST, 157.52 FEET; THENCE NORTH 00°01'38" EAST ALONG THE EAST LINE OF SAID TRACT "G", 50.00 FEET TO THE POINT OF BEGINNING. 006.286949 1 4