The URL can be used to link to this page

Home My WebLink AboutResolution 97-05 Paul E. Rosenthal, Esq. FOLEY & LARDNER 111 North Orange Avenue Suite 1800 Orlando, Florida 32801 Af"Pp..,OIJE.D JUNEi 1'1\ 19'\'1 Re:Se..1..NDIiJJ JUN~ ..GjlQQi ,... "'6Nf"l:l~t=OR.t4\~NG5 df!. l.J IA. e; i 0 1'\ ,::, ~"u",,;::: THE' o () C. E ~ "to - ~ Iii...... '''_ A G,A. SEM I:. NT .r 01. rHO ~ Pdt.,. J:. (. 'X. f' Pd' t:. HJ THIS INSTRUMENT PREPARED BY: AFTER RECORDING RETURN TO: Jean Grafton, City Clerk CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 RESOLUTION NO. 97- 05 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA ABANDONING AND VACATING THAT APPROXIMATE 450 FOOT PORTION OF PALM DRIVE RIGHT-OF-WAY SITUATED APPROXIMATELY 525 FEET WEST OF PINE STREET AND APPROXIMATELY 945 FEET EA,ST OF EAST CROWN POINT ROAD, AS DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED TO THIS RESOLUTION, BEING LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF OCOEE, SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, SUBJECT TO A PUBLIC 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 that approximate 450 foot portion of Palm Drive right-of-way situated approximately 525 feet west of Pine Street and approximately 945 feet east of East Crown Point Road, as described in the attached Exhibit "A" legal description and sketch, located within the corporate limits of the City of Ocoee in the northwest quarter of Section 18, Township 22 South, Range 28 East, subject to a public drainage and utility easement reserved herein, and by this reference made a part hereof (the "Roadway"); and, 1 WHEREAS, the City Commission of the City of Ocoee desires to reserve a perpetual public drainage and utility easement (the "Easement") over, under, and/or upon the vacated portion of the Roadway as described in Exhibit "A" in connection with existing and/or future 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 maintaining said utilities and drainage facilities and any other drainage and utility facilities and any improvements now or hereafter located thereon which may now or hereafter be located in, over, under, and/or upon the Roadway; and, WHEREAS, the City of Ocoee annexed the subject Palm Drive right-of-way into the corporate limits on April 16, 1985 by Ordinance Number 828; and, WHEREAS, the City of Ocoee is the owner of the Palm Drive Road right-of-way by virtue of the dedication to the City as provided in Ordinance Number 828, as recorded in Public Records Book 3808, Pages 4553 and 4554, of the Public Records of Orange County, Florida; and, WHEREAS, pursuant to Article II of Chapter 153 of the Code of the City of Ocoee, the City of Ocoee has filed a City-initiated vacation application to abandon and vacate the Roadway, subject to the reservation of an easement; and, WHEREAS, the applicant has complied with the provisions of Section 153-10 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 153-13 (D) (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, 2 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. 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 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 approximate 450 foot portion of Palm Drive right-of-way situated approximately 525 feet west of Pine Street and 945 feet east of East Crown Point Road, located within the corporate limits of the City of Ocoee, in the northwest quarter of Section 18, Township 22 South, Range 28 East, a legal description of such roadway to be abandoned and vacated is being attached hereto as Exhibit "A" and by this reference made a part hereof (the "Roadway"). SECTION THREE. Reservation of Public Drainage and Utility Easement. The City of Ocoee hereby reserves a perpetual public drainage and utility easement over, under, and/or upon the Roadway as described in Exhibit "A" in connection with any existing and/or future 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 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 maintaining said utilities and drainage facilities and any other drainage and utility facilities which may now or hereafter be located in, over, under and/or upon 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 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 upon official notice of commencement of construction by the Orlando-Orange County Expressway Authority. day of ,1997. PASSED AND ADOPTED this ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1997. FOLEY & LARDNER By: Paul E. Rosenthal, City Attorney 4 EXHIBIT RAR Legal Description - Vacated Right of Way, Palm Drive A portion of the Northwest 1/4 of Section 18, Township 22 South. Range 28 East. Orange County. Florida. being more particularly described as fol lows: Commence at the Northwest corner of said Section 18; thence run SOO 0 I 8 '50 "E a I ong the West line of the Northwest 1/4 of said Section 18, a distance of 1283.43 feet to the Northerly right of way I ine of Palm Drive ( a 60.00 foot right of way as now estab I i shed); thence departing the West I ine of the Northwest 1/4 of said Section 18, run N880I8'48"E along the Northerly right of way I ine of said Palm Drive. a distance of 302.60 feet for a Point of Beginnning; thence continue N880 18 '48 "E along the Northerly right of way I ine of said Palm Drive, 431 .00 feet.; thence depart i ng the Norther I y right of way I ine of said Palm Drive, run S07059'24"E 60.37 feet to a po i nt on the Souther I y right of way line of sa i d Pa 1m Dr i ve; thence run S880 I 8 '48 "W a I ong the Souther I y right of way I ine of said Palm Drive. a distance of 450.12 feet; thence departing the Southerly right of way of said Palm Drive, run Nloo04'26"E 61.29 feet to the Point of Beginning. Containing 0.607 acres. more or less. GENERAL NOTES I. Bearings and DIstances are based on the Florida State Plane Coordinates System - East Zone mean seal e factor: Q.99997293. SKETCH PREPARED BV 2. Subject to Easements and Rights of Way of record. ~~~ 3. I'Jot val id without surveyor's original signature and raised seol. OYER. RIDDLE. MILLS & PRECOURT. INC. ENGINEERS . SURVEYORS 1505 E. COLONIAL DRIVE ORLANOO. FLORIDA 32803 14071896-0594 SHEET 2 OF 2 THIS MAP IS NOT A SURVEY. W.LINE, N.W. NOT PLATTED TEMPORARY CONSTRUCT I ON -1 ~~~ EASEMENT L.A . R /W L ~-/ IN[ f- V) :s: ,~~ "- x 0::: W f- lj)~ ~ :;0::: W N o r<l 1/4. SEC. 18___ ~ SOooI8'50"E 1283.43' P.O.C. N.W. CORNER, N.W. 1/4 OF SECTION 18-22-28 N1000 61 4 '26 "[ .29'(C) NOT PLATTED P.O.B. /-/-/ ,~L.A. R/W ~ /-/-/ TEMPORARY CONSTRUCTION EASEMENT LINE 50' ~ u U N 0 W 0 0 > Lf) ..- r<1 "'" 0:: "'" 0 ~ w co ~ co "'" ---1 "'" <! co co D- o 0 co co co co Z If) LEGEND: AVE. AVENUE (C) CALCULATED C CENTERLINE C.B. CHORD BEARING COR. CORNER E EAST ~ DEL T A E'LY EASTERLY L ARC LENGTH N NORTH N. T. S. ~ NOT TO SCALE DEGREES MINUTES SECONDS NO. NUMBER L.A. LIMITED ACCESS N. W. NORTHWEST P. PAGE P. B. PLAT BOOK P.O.B.~ POINT OF BEGINNING P.O.C." POINT OF COMMENCEMENT P. T. ~ POINT OF TANGENCY R. RADIUS RD. " ROAD REO." REOUIRED S SOUTH SEC." SECTIOI" S. W." SOUTHWEST SUBD." SUBD I V I S I ON ST. "STREET TAN. BRG." TANGENT BEAR I NG W "WE S T 1 w z w z ..-J ..-J 1-1-1 I~/~/~ ~ ?-/~ \.-.[A. 1-/-/ "- L.A. /-/-/ R/W LINE I\jOT PLATTED f-O?- ~:( x 0::: W f- v, ~ ;::0::: W NOT PLATTED NOT A PLAT OF SURVEY R I GH T OF WAY WESTERN BEL TWAY PARCEL SKETCH ~ ORANGE COUNTY, FLORIDA DR"' PROJECT NO. 960-136.000 SHEET I OF 2 PARCEL NO. PALM AVE. PROJECT NO. 75320-6460-602 8 603 R/W MAP SHEET. 10 DATE. 03/1 I 197 SKETCH PREPARED BY REVISION BY DATE DRAWN. JDF ~i}l[lJ~) DYER. RIDDLE. IIILLS & PRECOORT.INC. ENGINEERS . SURVEYORS 1505 E. COLONIAL ORNE ORLANDO. FLORIDA 32803 /4071896-0594 . .aM. t24A,<tA..M<<I~ - REG~ERED LAND SURVEYOR NO. 5221 SCALE. I .. . 50' CHECKED. AAS