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Home My WebLink AboutResolution 98-08 THIS INSTRUMENT PREPARED BY: Orange Co FL 1998-0298192 072798 12:40:01pm OR Bk 5533 Pg 4909 Rec 28.50 Scott A. Cookson, Esq. . FOLEY & LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 AFTER RECORDING RETURN TO: Jean Grafton, City Clerk CITY OF OCOEE .w~. Lakeshore Drive fe, FL 34761 For Recording Purposes Only RESOLUTION NO. 98-08 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING OLD MOORE ROAD, A 60 FOOT WIDE UNIMPROVED PUBLIC RIGHT OF WAY, WITHIN A PORTION OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, SAID RIGHT OF WAY BEING LOCATED AT THE POINT OF BEGINNING BEING ON THE NORTHERN RIGHT OF WAY LINE OF THE EXISTING MOORE ROAD TO THE POINT OF TERMINATION LOCATED ON MAGUIRE ROAD, AND DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED TO THIS RESOLUTION; PROVIDING FOR THE EFFECT ON EASEMENTS; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to abandon and vacate Old Moore Road, a 60 foot wide unimproved public right-of-way, within a portion of the Northwest 1/4 of Section 32, Township 22 South, Range 28 East, Orange County, Florida, said right-of-way being located at the Point of Beginning being on the Northern Right of Way line of the existing Moore Road to the point of termination located on Maguire Road, a complete legal OR Bk 5533 Pg 4910 Orange Co FL 1998-0298192 description of said right-of-way to be abandoned and vacated is attached hereto as Exhibit "A" and by this reference made a part hereto (the "Roadway"); and WHEREAS, the applicant has complied with the provisions of Section 153-10 of the Code of the City of Ocoee regarding the provision of certain information in connection with the application; and WHEREAS, pursuant to Section 153-13(D)(1) of the Code of the City of Ocoee, a Notice of Public Hearing before the City Commission was provided by regular mail to owners of real property abutting the Roadway and all owners of the property within three hundred (300) feet in all directions of the Roadway; and WHEREAS, pursuant to Section 153-13(D)(2) of the Code of the City of Ocoee, a Notice of Public Hearing was published one (1) time in a newspaper of general circulation in the City of Ocoee; and WHEREAS, pursuant to Section l53-13(D)(3)ofthe Code of the City ofOcoee, a sign setting forth notice of the public hearing before the City Commission was posted upon the Roadway; and WHEREAS, the City Commission of the City of Ocoee finds that said application and supporting documents are in accordance with the requirements of Article II of Chapter 153 of the Code of the City of Ocoee and that the requested action is consistent with the City of Ocoee Comprehensive Plan. -2- OR Bk 5533 Pg 49 1 1 Orange Co FL 1998-0298192 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION ONE. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes, and Article II of Chapter 153 of the Code of the City of Ocoee. SECTION TWO. Abandonment and Vacation of the Roadwav. The City Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to Old Moore Road, a 60 foot wide unimproved public right-of-way, within a portion of the Northwest 1/4 of Section 32, Township 22 South, Range 28 East, Orange County, Florida, said right-of-way being located at the Point of Beginning being on the N orthem Right of Way line of the existing Moore Road to the point of termination located on Maguire Road, a complete legal description of said right-of-way being abandoned and vacated is attached hereto as Exhibit "A" and by this reference made a part hereto (the "Roadway"). SECTION THREE. Effect on Easements. Nothing contained in this Resolution shall be construed to in any way affect easements of record which may encumber the Roadway. SECTION FOUR. Recordation. A certified copy of this Resolution shall be filed with the Orange County Comptroller and duly recorded among the Public Records of Orange County, Florida. -3- OR Bk 5533 Pg 4912 Orange Co FL 1998-0298192 SECTION FIVE. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION SIX. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this ~ay of J IIVf ,1998. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA ~:Y-t1 ;)D(u/~ S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA ~l~. . P~PROVE~~TOFORMANDLEGALITY C:~.~..=/Vl1ray of <.. ) u li ' 1998. FOLEY ij'ARDNER By (oj <;AAJJJ City Attorney ADVERTISED July 10 ,1998 READ FIRST TIME AND ADOPTED JULY 21 ST ,1998 UNDER AGENDA ITEM NO.)(t ~ C:\AII_ Data\EKPDFILE\ORD&RES\Resolution98-08MooreRdVac.doc -4- EXHIBIT RAR SKETCH OF DESCRIPTIONoR Bk 5533 Pg 4913 Orange Co FL 1998-0298192 DESCRIPTIO~J A PORTION OF THE NOFnHWEST 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, At~D BEING MORE PARTICULARLY DESCRIBED lI,S FOLLOWS: BEGIt~ AT THE SOUTHWEST CORHER OF CROSS CREEI< PHASE 2, ACCORDING TO THE PLA T THEREOF AS RECORDED It\J PLAT BOOI< 37, PAGES 16 THROUGH IS, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING A POINT Ot~ THE NORTH RIGHT OF WAY LINE OF THE EXISTING MOORE ROAD; THEt-ICE S 89'55'03" W ALOI\JG SAID RIGHT OF WAY A DISTANCE OF 99,32 FEET; THENCE, N CS34'3S" W A DISTAIJCE OF 172,12 FEET: II lUKE, S W1':c>5'22" W A DISTAt'ICE OF 10:'0.54 ITrT 10 THE EASTERLY I~IC:HI OF WAf LINE OF MAGUIRE ROAD; THENCE, I\J 00'2C)'48" W ALONG SAID EASIERI Y RIGHT OF WAY LINE A DISTAI\JCE OF 60.00 FEET; THENCE, l\j 8~1'::,5'22" E A DISTAtJCE OF 10.39.46 FEET: THENCE, S 55'34'38" E A DISTNJCE OF 269.73 FEET TO A POINT Ot~ THE WESTERLY LINE OF THE AFORESAID CROSS CREEl, PHASE 2; THEt-KE, S 03'00'08" E ALOI~G SAID WESTERL Y LIi'~[ A DISTAt\JCE or 4.70 FIT T 10 THE POIN r OF BECtt'Jt\JIt~G. CONTAINING I 728 ACI?ES (75,~',c',4 SQUARre FUT) OF LAND, Mom~ OR LEes ~_...._.(...().~~.~. ..~ , '-----:;: - --- --_..- , SCALE ," := 60' +- :;;: W Llt'JE NW 1 /4, _SI(~~_~?~Ji)~~giJil~11I11 1.37.60' ''-... -to- (J o ;u MAGUIRE (J) ~ ROAD o 1"1 ;:l,J N 00'20'48" W 60.00' (J] 1"1 n EASTERL Y RICHT OF WA Y L1t.IE z OJ ill ui Ul N N I'l -~ ".::.--. 0 r 0 s:: 0 0 VI 0 ill :;:0 -to- JT1 OJ :;:0 0 )> 0 U1 OJ (() ui Ul N N C..J I.) . I 10 IoJ I loJ OJ ::IE .~ o N ~ Ul -1>-. ;u CJ J.: -1 o :u -j I f'Tl ;:u r --< n '1 < ); ~ ~ . ,~ .~ :y> ~ c:: L... 1'1 C) T] o . ,~ .~ 1.r)'-0 o 1'1 v .- 1/1 U1 =' L OJ C') <q to ?: Ul (() ~;. o ON ~; ~ " III (I ::IE () )., CJ E POINT OF /......" WI C; fERI] \ Itll (i\' 1'1 ^ I BEGINNING \SW c(mfJER THIS IS NOT A SURVEY NO FIELD SURVEY DONE THIS DATE DATE .3/18/98 SCALE: 1" = 60 FEET APPROVED BY: BAM REVISED: 3/31/98 MAGUIRE RD CROSS CREEK PHASE 2 P.B. 37, PG. 16-18 1 THE SURVEyor! IIA', ImT AWII'~(:"fl THE L;'\ND Sll(iwr..: f-!EPLOIJ rOi~ Ei\'-;! Llll:1':~. 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