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Home My WebLink AboutResolution 97-11 Orange Co FL 1997-0388019 10/24/97 01:28:32pm DR Bk 5351 Pg 26 Rec 28.50 THIS INSTRUMENT PREPARED BY: Paul E. Rosenthal, Esq. FOLEY & LARDNER 111 North Orange Avenue Suite 1800 Orlanrto, Florida 32801 AFTER RECORDING RETURN TO: Jean Grafton, City Clerk CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 RESOLUTION NO. 97-11 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA ABANDONING AND VACATING THE PORTION OF MICHIGAN AVENUE WHICH LIES SOUTH OF STATE ROAD 50 (W. COLONIAL DRIVE), FROM THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 50 TO A POINT 502.4 FEET SOUTH OF THE SOUTH RIGHT -OF-WAY LINE OF STATE ROAD 50, BEING LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF OCOEE, SECTION 28, TOWNSHIP 22 SOUTH, RANGE 28 EAST, AS DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED TO THIS RESOLUTION, SUBJECT TO A PUBLIC ACCESS, DRAINAGE, AND UTILITY EASEMENT AS RESERVED IN THIS RESOLUTION; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to abandon and vacate the portion of Michigan Avenue which lies south of State Road 50 (W. Colonial Drive), from the south right-of-way line of State Road 50 to a point 502.4 feet south of the south right-of- way line of State Road 50, located within the corporate limits of the City of Ocoee in Section 28, Township 22 South, Range 28 East, as described in the legal description and sketch attached hereto as Exhibit "A" and by this reference made a part hereof (the "Roadway"), subject to a public access, drainage, and utility easement reserved herein; and, OR P!~ ':"::;-:-:-;':""t:' Po ~"7'7 Orange Co FL 1997-6388019 WHEREAS, the City Commission of the City of Ocoee desires to reserve a perpetual public access, drainage, and utility easement over, under, and/or upon the entire Roadway as described in Exhibit "A" in connection with existing and/or future access, drainage, and utility facilities which may now or hereafter be located within the Roadway, as well as the perpetual right of ingress and egress in, over, under, and/or upon the Roadway for the purpose of installing, repairing and maintaining said utilities and drainage facilities; 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 (0) (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 (0) (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 153-13 (0) (3) of the Code of the City of Ocoee, 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" 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION ONE. Authoritv. 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" of Chapter 153 of the Code of the City of Ocoee. SECTION TWO. Abandonment and Vacation of the Roadway. Subject to the provisions of Section Three set forth below, the City Commission of the City of Ocoee, Florida, hereby abandons, vacates, and renounces any rights in and to that portion of Michigan Avenue described in Exhibit"A" attached hereto and by this reference made a part hereof. 2 " OR Bk 5351 PQ 28 Orange Co FL 1997-0388019 SECTION THREE. Reservation of Public Access. Drainaae. and Utility Easement The City of Ocoee hereby reserves a perpetual public access, drainage, and utility easement over, under, and/or upon the entire Roadway as described in Exhibit "A" in connection with any existing and/or future access, drainage, and utility facilities that may be located within the Roadway and any other drainage and utility facilities which may now or hereafter be located in, over, under, and/or upon the Roadway; provided, further, that the reserved access, drainage, and utility easement shall also reserve unto the City and Public Utility Companies, including their successors and assigns, the perpetual right of ingress and egress to and from the Roadway and any improvements now or hereafter located thereon for the purpose of installing, repairing and maintaining said utilities and drainage and utility facilities. 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. 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 02 rJ day of (~\.::ro~c-R. ,1997. APPROVED: CITY OF OCOEE, FLORIDA 5: 5:zr UL-J. S. Scott Vandergrift, May r ADVERTISED Dt'.toaE.l\.. 10, 1997 READ FIRST TIME AND ADOPTED O~TOa.E~ .2.1 ,1997, UNDER AGENDA ITEM NO.'SlI. e. . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPRO?E;D AS TO FOR~~D LEGALITY this \ day of () <I, 1997. . FOLEY,JfA I ,R~ER 4 ~ By: (JdJvv ~ - f~ Paul E. Rosenthal, City Attorney 3 ~,- - . . . EXHIBIT "A" SKETCH OF DESCRIPTION NOT A SURVEY RIGHT OF \'lAY VACATION OR Bk 5351 Pg 29 Orange Co FL 1997-0388019 LZGAL DESCRIPTION: .\ portion of Sect:ion 28, Township 22 South, Range 28 Eas t and ORL\NDO GROVES ASSOCIATION UKE LOTTA GROVES, according to the plat tereor as recorded in nat Book E, Page 52, or the Public Records or Orange County, Florida, more particulary described as follows; COlIIIIIence at the North t corner of said Section 28; thence SOO 0 18'S4"W, 82.22 to the Point: of Beginning and the south line of State Road 50; t.'1ence N89032'56"',oI along said south line, lS.00'; thence 500018'54"',01,502.40'; thence S89"26'46"~, 30.00'; thence NOO"'8'S4"l::, 79.10' to a point on the arc of a curve concave to the ..,est; thence along the arc af said curve having a radius of 96.15' I a delta of 161047' 32" I a chord bear::.ng of ~OOo'8'54":::, an arc distance :;Jf 271.51'; chence ~OOo'8'5';":::, :33.48' to the south line at State ~oad 50; :::hence ~89>32'50"'.. along sa~d line 15.00' to the ?o~nt at aeglnn~ng. I I I I ~OT:::S: 1. 3ear::.ngs are oase on assullIed N890J2 'So"',.; along ':he souch line of ~tace Road 50. 2. :'he ;Ju:,?ose or ::."1is legal ~ SKetch is Co vacate an unused road r~gnt:-or-"'ay. ~ c:::~~!:rc.~,.':!ON : ~e do ~ereby car:i~'l that the ac:ached skec=h w_ legal descr::';Jtion :5 ~n com91iance ~~:~ ':~e accl~cable ~~~~mum :ac~n~cal requ~=eme~ts set ::ir:h ::.y ?~or::.da ';d~::':1..lst;=ac::,',re Code 5iG 17-0 Unless ,- bear- -~e -ignat..-~ ~ or'g'nal seal r . - - ~ -. " ~-- - ... 0 a ?:'or::.da =aq:..st:a:~d sur",revor ~ macce: :~~s map/repor-= is :or . . ~ntor:nat':':inal ~:lUr;::oses only and :'5 no t: vaLd~ , 0-.---' (-7 /~ '/' ) BY: <, -:::""""---y'''- ~ - ~.; _--' I ' ........, DATE; ~ GARY I A. BURDEN j '7' T j vrr Ie LA...VD DESfG:.V, f~VC. - -...:. ~~ - - . FlCRIOA ,qEG:S1'RA TICN NO. ~-691 ,:l~CF::SSiCNAL L';NO SuRVEYING 800NOARY SURVC:Y j -X:B NUM8ER ::01 '..;.:c:en 'iav $uit. ~2 l.3 I ~~7: ;l(lItlana. '1. ::7=1 TIE-,N SUR\i2:" , ~ $. : 4C7) 561-1196 96034 '",~X :'38-';0':0 AS-BUlL j SURVEY I 3hee': (: f' / " L.E~D: fl)_~ _.otON ROO -...of ~ R","""olCO .II CJ>P ~...........c .. CJ>P ~ ,u.o 0C5C ~-oo.T'" If-lUDUS l. - -..tC U)fC1)f 3.A.~ RfnJlOIa: UL.....l1lTT ~OlT . J.I:.~.a: ~T -.......r aoac ~ PAIl OI-::D'fCll1(1"C WOoIUoI()<T ~T CCNllla. 0'0lN r pe...>(]M r <s ClJRVA~ R~T ~ ...." _.a: 1"=60' ~ '~' (~, /~ I I I 1 ; I iP~ pur "~..s lOOSlJRm cl-..s c:.Al.O.JI..A 1tIl o )-1'{Jl can ""~ PaL ~~ ~ 1'llC_" ~ ~ C1JIIV A I\JIlE Pa:_r ~ CCWPOJM) 0JI/N4l\J1lt: ~ O'OlNr CH~-.cl H("IO ~ t:.IP'-il)Qt (:If PA~r '.F.-aIlSH flJXII !J.Z;V4llON --'"'OIIoIN<C1T ~ WONM04 r 1'.0..&."-1' ~ IlID:aNNG ~ l.H: ~ JIQAIl ~ ~ ... eon..-- /'1.1/4_ Sect.... za T__ 1:% S ~ :II. Eo / /. .~/'<, ,,"" ~ .~ .;/ \ \ \ \ \ \ I I f .. OR Bk 5351 Pg 30 Orange Co FL 1997-0388019 ... ~ "'( ~ Co.... 47.. 4. ( ,. /. ~.. ~"l-. ~~"" '/.;-.').'4. "''''~'' ' , ; , / 8'1': ATLAJ.VTIC LAJ.VD DESIGJ.V, !.1.VC. PRCFESSiONAl L~O SURVEY1NG ~ l..ucHn lfqy st.. 002 ~Fl..~7"1 T __ (~ 306-nl5a .AX ~-54'21l DATE: GARY A. BURDEN FLCRIOA REG:S7RA TICN NO. SCUNOARY StJRY8' .3091 .;os NUM8S ZQl Sox. i"art ~ ~ ~ F1.St&.~ TIE-;N SURVEY T.. (;q7) rn-I~ .u rn-llS4 AS-aUll T SURVEY 96034 ~~~S 3u=vev de~4c:ad ~ereon 45 ~oc covered ~y ~rotess:onal :iab~li:! ~~surance. Sheet 2 of ., STATE OF FLORIDA COUNTY OF ORANGE CITY OF OCOEE I HEREBY CERTIFY that the foregoing is a true copy of Resolution No. 97-11, abandoning and vacating the portion of Michigan Avenue which lies south of State Road 50, from the south right-of-way line of State Road 50 to a point 502.4 feet south of the south right-of-way line of State Road 50, the original of which is on file in my office. IN WITNESS WHEREOF, I hereby set my hand and cause the seal of the City of Ocoee to be affixed on this 22nd day of October, 1997. OR Bk 5351 Pg 31 Orange Co FL 1997-0388019 Recorded - Martha O. Haynie (SEAL)