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HomeMy WebLinkAboutResolution 96-10 Or'ange Co FL. 5613511 05/11/96 08:18:38am OR Bk 505& PQ 3;='='76 - Rec 33.00 THiS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Jean Grafton, City Clerk CITY OF OCOEe 150 N. Lakeshore Drive Ocoee, FL 34761 (407) 656-2322 RESOLUTION NO. 96-10 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA ABANDONING AND VACATING THE TEN (10) FOOT UTILITY EASEMENT AT THE REAR LOT LINES OF LOTS 111, 112, 113, 114, AND 37, OF THE HAMMOCKS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 24, PAGES 49 - 50, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; 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 ten (10) foot utility easement at the rear lot lines of Lots 111, 112, 113, 114, and 37, of The Hammocks, according to the Plat thereof, as recorded in Plat Book 24, Pages 49-50, in the Public Records of Orange County, Florida, a legal description and sketch of such easement to be abandoned and vacated is attached hereto as Exhibit A and by this reference made a part hereof (the Easement); and, WHEREAS, Sunvest Development Corporation is the owner of the fee simple title to said Lots 111, 112, 113, 114, and 37, The Hammocks; and, 1 OR Bk 5056 Pg 3277 Orange Co FL 5613511 WHEREAS, pursuant to Article" of Chapter 153 of the Code of the City of Ocoee, an application has been filed by Sunvest Development Corporation (the "Applicant") to abandon and vacate the 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, the Easement is located within the corporate limits of the City of Ocoee; and, WHEREAS, the Applicant has reached an agreement with Cablevision Industries for the relocation of existing cable television lines located within the Easement; 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 Easement and all owners of the property within three hundred (300) feet in all directions of the centerline of the Easement; 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 Easement; 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 2 OR Bk 5056 Pg 327 a Orange Co FL 5613511 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 Easements. 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 Easement described in Exhibit A attached hereto and by this reference made a part hereof. SECTION THREE. 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 FOUR. 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 FIVE. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this '1 r1> day of M A-1t ,1996. 3 ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA A~PR~D AS TO FORIYI AND LEGALITY thIs .} day of /V!. 6...1 I 1996. FOLEY & LARDNER By: ~Jf ~ Paul E. Rosenthal, City Attorney OR Bk 5()5& Pg 3279 Orange Co FL 5613511 APPROVED: CITY OF OCOEE, FLORIDA ADVERTISED ,A PR IL ~ ~ I 1996 READ FIRST TIME AND ADOPTED M.rA-\.1 1 I 1996 UNDER AGENDA ITEM NO. V ~ 4 ;.#';ilm'I__~"~<l'!l:'~,~1~.allI1".!i"2;'~~.~-.- f<f' /tW' 0, LOT :17 JO' ~ :!! ~ Jt I~ " ~ .. '" /tW CORHCR, 8 LOT fl" u~ ali ~ll: . 0 ~tQ ).~ ~~ ~L" 10 ... ~. . ~I~ ~n .~}o:. 18 ~ ~ 8 8 ,- P.O.B SW LOT 7 11 CU~ CENTRAL NO. ANGLE Cl 90'00'00" C2 11'12'14" C3 38' 55 'OS" C4 14'22'06" DA APRIL 8 1996 SCh~~: l' 1 00 ' ~~\tl'~"at:,:'~!E~. SKETCH OF I)ESCRIPTI()N \ ~SHAOY MAPLE CIRCLE LOT J! /~\ (50' R/W) ...ly/ p> ~ H SS'JJ'OJ" ( (C) // / "; H M' JJ'OJ" (.J>' /.f ~ ~-a.~B- /.~.;'.;. . 10' ~ II. UHf: -':: oF ,,\'1' ~ ( .... ai I = ~l ... LOT J7 ~:~ " ....1 . ~ ~I;; ... ""I 8 H SS'''2'Q4" ( 1 '" 90.00' 1 -.;0.007" ~'!:L-- I H. U/'/( '... . '10 llll... ..I... =:~ 'Ill LOT 114 1 l. .... ....~ .... .... .... ~ ....~~ >.......- .....;~ C:>/ ~ ,,;........~ / f . ~'.... , 'at I ".. LOT 113 1 ~ 1 Fl ~I 8 I 25' :---~~~~""'l S B9'Jr06" W I ~ I~ ~ - ,.... ~I~ 0 LOT 112 81 i'l I ~ -18 ~ I.. :s I I ____~EO..:._~ S SS"Jr06" It' , I . I 81 LOT 111 ~I :~ ~:L'C~~ I BLUE SPRUCE DRIVE (50' R/W) LOT JB LOT WI '~~~..~:';:;;:"l-'_1;.',.~l~;!z.::o_.~.:-:.:.:.;,; 'I N DESCRIPTION VACATION OF 10 FOOT UTILITY EASEMENT (AT LOTS 111, 112, 113, 114 AND 37, THE HAMMOCKS AS RECORDED IN PLAT BOOK 24, PAGES 49 -50, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.) BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 111; ;qLlN THENCE NOO'22'54"W ALONG THE WEST LINE OF SAID LOTS Ill, 112, 11 J AND 114 A DISTANCE OF 469,96 FEET TO THE NORTHWEST CORNER OF SAID LOT ? 14; THENCE NOO"26'SrW ALONG THE WEST LINE OF SAID LOT 37 A DISTANCE OF 119.46 FEET TO THE NORTHWEST CORNER OF SAID LOT 37; THENCE N89' 33'03" E ALONG THE NORTH LINE OF SAID LOT 37 A DISTANCE OF 10.00 FEU; THENCE SOO'26'57"E A DISTANCE OF 119.49 FEU TO A POINT ON THE NORTH LINE OF SAID LOT 114; THENCE SOO'22'54"E A DISTANCE OF 469.95 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 111; THENCE S89"37'06"W ALONG SAID SOUTH LINE A DISTANCE OF 10.00 FEU TO THE POINT OF BEGINNING. ... Lu <..l Bi eJ <:l :o!: 15 CONTAINS O. 135J ACRES OR 5894 SQUARE FEU MORE OR LESS. OR Bk 505& Pg 3280 Orange Co FL 5613511 UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER THIS DRAWING, SKITCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VAUD. RADIUS 25.00' 80,00' 80.00' 80.00' ARC LENGTH 39.27' 15.64' 54.34 ' 20.06' TANGENT 25.00' 7.85' 28.27' 10.08' CHORD BEARING DISTANCE N 44"37'06" E 35.36' N 05'13'1.3" E 15.52' S JO'16'52" E 53.JO' N 41'JO'56" W 20.01' THIS SKETCH IS NOT A BOUNDARY SURVEY. PREPARED fOR: SUN - TECH BUILDERS BEARING STRUCTURE BASED ON: PLAT I HEREBY CERTIFY THAT THIS SKETCH IS TRUE AND CORRECT TO THE BEST Of' HY KN[]\/LElIGE. AND THAT THIS SKETCH MEETS THE 'MINIMUM TECHNICAL STANDARDS' AS REQUIRED BY CHAPTER 61G17-6 FLORIDA BOARD iJF LAND SURVEYORS PURSUANT TO SECTION 472.027 FLORIDA STATUTES, jCC~$CII! J~Rf[ff i of Orlando. Inc, T 2012 E, Robinson St, Orlando, Florida 32803 (407) 894-6314 ~ 4~ ~"3r FRANK A, RAYMOND I!I LS #5325 LINE TABLE L1 S 89" J7"06" '.0/ L2 N 00"22'54" W LJ S 54'44'14" E L4 N 50'15'1r E 70.00' 64.70' 63.98' 65.79' LEGEND CALC - CALCUlATED CBW - CONCRm BLOCK WAll. CLF - CHAlH UHK ffNC( CM - CONCRF:TE MONUMENT CONC - COHCRm CO\ID - COVE:Rro CP - COHCRm PoID CW - CONCRm WALKWAY 6 - CENTRAl. ANGLE D( - DlWHAGE E:ASDoIENT DW - DRIVEWAY (SliT - E:ASfJlENT E/P - E:DGE OF PAV6IENT FFE - FJHISHW fLOOR fllVATIOH FIIO - FOUND IP - IRON PlP( IR - fROH ROD L - ARC LENGTH 1IE:AS - IIEASURED liS - IIETA/. SHW N&O - NAIL & DISK at - OH U1/( PC - POINT OF CURVATUR( P&Ii - PlAT & MEASURW P08 - POINT OF BEGlNHING POC - POINT OF COIlJ.lENCDoIENT R - fW)/uS R/W - RIGHT OF WAY TYP - TYPICAl.. UB - UT1UTY BOX U( - UTIUTY E:ASDoIENT WF - WOOD ffNC( DESCRIPTION VACA TION OF 10 FOOT UTILITY EASEMENT (AT LOTS 111, 112, 113, 114 AND 37, THE HAMMOCKS AS RECORDED IN PLAT BOOK 24, PAGES 48-50, PUBLIC RECORDS OF ORANGE COUNTY, FLOeIDA.) I . BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 111; RUN THENCE NOoo22'54"W ALONG THE WEST LINE OF SAID LOTS 111, 112, 113 AND 114 A DISTANCE OF 469.96 FEET TO THE NORTHWEST CORNER OF SAID LOT 114; THENCE NOoo26'57"W ALONG THE WEST LINE OF SAID LOT 37 A DISTANCE OF 119.46 FEET TO THE NORTHWEST CORNER OF SAID LOT 37; THENCE N89033'03"E ALONG THE NORT.H LINE OF SAID LOT 37 A DISTANCE OF 10.00 FEET; THENCE SOo026'57"E A DISTANCE OF 119.49 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 114; THENCE SOo022'54"E A DISTANCE OF 469.95 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 111; THENCE S890 37'06" W ALONG SAID SOUTH LINE A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINS O. 1353 ACRES OR 5894 SQUARE FEET MORE OR LESS. OR Bk 5056 Pg 328 1 Orange Co FL 5613511 STATE OF FLORIDA COUNTY OF ORANGE CITY OF OCOEE I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF Resolution No. 96-10, vacating the ten foot utility easement at the rear lot lines of Lots 111, 112, 113, 114, and 37, of the Hammocks Subdivision, 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 8th day of May, 1996. OR Bk 5056 Pg 3282 Orange Co FL 5613511 Recorded - Martha O. Haynie