HomeMy WebLinkAboutResolution 96-17
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H. SCOTT GOLD, ESQ.
838 P02 JUL 16 '96 17:50
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BML INVESTMENTS
IN-HOUSE COUNSEL
860 State Road CW North
Suite 7
Altamonte Sprinp, FL 32714
July 16, 1996
Paul Rosenthal, Esq.
P.O. Box 2193
Orlando, FL 32802
VIA FACSIMILE 648-1743
RE: FIRST AMENDED NOTICE OF CANCELLATION OF RICHMOND A VENUE
VACATION APPUCATION
Dear Mr. Rosenthal:
Please be advised that both BML Investments and Cambria, Inc. (on behalf ofBML Investments,
Jerome D. Feinstein, Trustee, William Colburn, and Cambria, Inc., as successor) hereby
withdraws the application for the Richmond Avenue right-of-way vacation scheduled for
consideration by the Ocoee City Commission on July 16, 1996. We have been advised that the
application will be withdrawn, and the hearing cancelled, upon the receipt of this fax.
HSG:jh
cc: Tom Cloud, Esq.
Please fax. back to me at 682-6194
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Paul Rosenthal, Esq.
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EXHIBIT A
PREPARED BY AND SHOULD BE RETURNED TO:
JEAN GRAFTON, CITY CLERK
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
RESOLUTION NO. 96-17
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA
ABANDONING AND VACATING THAT PORTION OF
RICHMOND AVENUE RIGHT-OF-WAY LYING SOUTH
OF THE SOUTH RIGHT-OF-WAY LINE OF MAINE
STREET AND NORTH OF THE EXISTING NORTH
RIGHT-OF-WAY LINE OF STATE ROAD 50, LOCATED
WITHIN THE CORPORATE LIMITS OF THE CITY OF
OCOEE WITHIN SECTION 20, TOWNSHIP 22 SOUTH,
RANGE 28 EAST, ORANGE COUNTY, FLORIDA;
SUBJECT TO A PUBLIC UTILITY EASEMENT AS
RESERVED HEREIN; PROVIDING FOR RECORDATION;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DA TE.
WHEREAS, the City Commission of the City of Ocoee desires to abandon and
vacate that portion of Richmond Avenue right-of-way lying south of the south right-of-way line of
Maine Street and north of the existing north right-of-way line of State Road 50, located within
the corporate limits of the City of Ocoee within Section 20, Township 22 South, Range 28 East,
Orange County, Florida, subject to a public utility easement reserved herein, a legal description
of such right-of-way to be abandoned and vacated is attached hereto as Exhibit "A" 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
public utility easement over, under and/or upon the vacated portion of the Roadway as
described in Exhibit "A" in connection with existing or future utility facilities as well as the right of
ingress and egress in, over, under and/or upon the Roadway for the purpose of maintaining
said utilities and any other utilities which may now or hereafter be located in, over, under and/or
upon 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, 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
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 Gcoee 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
Gcoee.
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 Dcoee,
Florida, hereby abandons, vacates and renounces any rights in and to that portion of Richmond
Avenue right-of-way lying south of the south right-of-way line of Maine Street and north of the
existing north right-of-way line of State Road 50, a legal description of such roadway to be
abandoned and vacated is attached hereto as Exhibit "A" and by this reference made a part
hereof (the "Roadway").
SECTION THREE. Reservation of Public Utility Easement. The City of
Dcoee hereby reserves a public utility easement over, under and/or upon the vacated portion of
the Roadway as described in Exhibit "A" in connection with any existing or future utility
extensions that may be located in the Roadway and any other utilities which may now or
hereafter be located in, over, under and/or upon the Roadway; provided, further, that the
reserved utility easement shall also reserve unto the City and Public Utility Companies including
their successors and assigns the right of ingress and egress to and from the Roadway for the
purpose of maintaining said utilities and any other utilities which may now or hereafter be
located in, over, under and/or upon the Roadway.
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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.
PASSED AND ADOPTED this _ day of
,1996.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk
(SEAL)
S. Scott Vandergrift, Mayor
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 1996.
FOLEY & LARDNER
By:
Paul E. Rosenthal, City Attorney
4
EXHIBIT "A"
Legal Description:
That portion of Richmond Avenue right-of-way lying south of the south right-of-way line
of Maine Street and north of the existing north right-of-way line of State Road 50,
located in Section 20, Township 22 South, Range 28 East, Orange County, Florida.
5
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EXHIBIT B
PREPARED BY AND SHOULD BE RETURNED TO:
JEAN GRAFTON, CITY CLERK
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
RESOLUTION NO. 96-17
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA
ABANDONING AND VACATING THE EAST 30 FEET OF
THE SOUTH 714.36 FEET OF RICHMOND AVENUE
RIGHT-OF-WAY LYING ON THE WESTERN BOUNDARY
OF PARCEL 20 OF SECTION 20, TOWNSHIP 22 SOUTH,
RANGE 28 EAST, ORANGE COUNTY, FLORIDA, SUBJECT
TO A PUBLIC UTILITY EASEMENT AS RESERVED
HEREIN; 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 east 30 feet of the south 714.36 feet of Richmond Avenue right-of-way lying on the
western boundary of Parcel 20 of Section 20, Township 22 South, Range 28 East, subject to a
public utility easement reserved herein, a legal description of such right-of-way to be
abandoned and vacated is attached hereto as Exhibit "A" and by this reference made a part
hereof (the "Roadway"); and,
WHEREAS, the City Commission of the City of Ocoee desires to reserve a
public utility easement over, under and/or upon the vacated portion of the Roadway as
described in Exhibit "A" in connection with existing or future utility facilities as well as the right of
1
ingress and egress in, over, under and/or upon the Roadway for the purpose of maintaining
said utilities and any other utilities which may now or hereafter be located in, over, under and/or
upon the Roadway; and
WHEREAS, the City of Ocoee 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, 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.
2
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 the east 30 feet of
Richmond Avenue right-of-way lying on the western boundary of Parcel 20 of Section 20,
Township 22 South, Range 28 East, Orange County, Florida, a legal description of such
roadway to be abandoned and vacated is attached hereto as Exhibit "A" and by this reference
made a part hereof (the "Roadway").
SECTION THREE. Reservation of Public Utility Easement. The City of
Ocoee hereby reserves a public utility easement over, under and/or upon the vacated portion of
the Roadway as described in Exhibit "A" in connection with any existing or future utility
extensions that may be located in the Roadway and any other utilities which may now or
hereafter be located in, over, under and/or upon the Roadway; provided, further, that the
reserved utility easement shall also reserve unto the City and Public Utility Companies including
their successors and assigns the right of ingress and egress to and from the Roadway for the
purpose of maintaining said utilities and any other utilities 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.
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.
3
PASSED AND ADOPTED this _ day of
ATTEST:
Jean Grafton, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 1996.
FOLEY & LARDNER
By:
Paul E. Rosenthal, City Attorney
,1996.
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
4
EXHIBIT "A"
Legal Description:
The east 30 feet of the south 714.36 feet of Richmond Avenue right-of-way lying on the
western boundary of Parcel 20 in Section 20, Township 22 South, Range 28 East,
Orange County, Florida.
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