HomeMy WebLinkAboutResolution 96-05
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Jean Grafton, CIty Clerk
City of Ocoee
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Ocoee, FL 34761
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For Recording Purposes Only
RESOLUTION NO. 96-05
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA ABANDONING AND
VACATING TWO -5' UTILITY EASEMENTS (10' COMBINED)
SITUATED ON EITHER SIDE OF THE COMMON LOT LINE BETWEEN
LOTS 12 and 13, HAMMOCKS SUBDIVISION, AT THE SOUTH END OF
ROSEMIST COURT, LOCATED WITHIN THE CORPORATE LIMITS OF
THE CITY OF OCOEE WITHIN THE NORTHWEST AND SOUTHWEST 1/4
OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST, AS
RECORDED IN PLAT BOOK 24, PAGE 49, OF THE 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 two - 5' utility easements (10' combined)
situated on either side of the common lot line between Lots 12 and
13, Hammocks Subdivision, according to the plat thereof, located
within the northwest and southwest quarters of Section 21, Township
22 South, Range 28 East, are recorded in Plat Book 24, paS8 49, of
1
the Public Records of Orange County, Florida, a legal description
of such right-oi-way to be abandoned and vacated is attached hereto
as Exhibit A and by this reference made a part hereof (the
Easements); and,
5555~~ ~ -S
WHEREAS, Keith L. Whittingham, is the owner of the fee
simple title to Lots 12 and 13, Hammocks Subdivision of the Public
Records, of Orange County, Florida; and,
WHEREAS, pursuant to Article II of Chapter 153 of che
Code of the City of Ocoee, an application has been filed by Keith
L. Whittingham, (the "Applicantll) 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 Easements are located within the corporate
limits of the City of Ocoee; 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 centerline 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
2
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 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 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 Easements described
in Exhibit A along the common lot lines of Lots 12 and 13, Hammocks
Subdivision according to the plat thereof, located within the
corporate limits of the City of Ocoee, within the northwest and
south 1/4 of Section 21, Township 22 South, Range 28 East, as
recorded in Plat Book 24, Page 49, according to the plat thereof,
all of the Public Records of Orange County, Florida, a legal
description of said Easements to be abandoned and vacated is being
3
attached hereto as Exhibit "All and by this reference made a part
hereof (the "Easements").
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 of 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 19th day of March, 1996.
Clerk
APPROVED:
CITY OF OCOEE, FLORIDA
:5 S:p\l~.
S. Scott Vandergrif , Mayor
ATTEST:
(SEAL)
ADVERTISED March 7 , 1996
READ FIRST TIME AND ADOPTED
MP\IH..H \'\ ,1996,
UNDER AGENDA ITEM NO. ""Sf' A
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
AP~ROVE1~ AS TO FORM ~~~J;T~j
th~s day of ~G./'':11., 1996.
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01-.;-:;",4;1.<:; C:') F~ 5555\ ~.g
FOLEY & r;:.NER
By: JJJ<; ~
Paul E. Rosenthal, City Attorney
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DESCRIPTION
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'VACATION 0' nIB IG-POOT U11UTY EASEMmIT LOCATED 5-POOr ON El1lIEIl SIDE OF
nIB BCJUNDAIty 8InWEEN LOTS 12 AND 13, THE IWrO/OCXS, AS RECORDED IN PLAT
BOOK 2A. PAOBS 4' & 30. PUBUC RECOIlDS Of ORANGE COUNTY, FLORIDA; MORE
PAJ.'11CULARL Y D8SCtUBED AS fOUOWS:
PROW nIB SOU'IHBAST CORNEK Of SAID LOT 1.3; RUN nmNC8 NOO-16'26"W ALONG TIlE
EASTLINB OF SAID LOT 13. A DISTANCE 0' ,....JIBBT PQR A I'OINI'O~ BEJ1/NN1NG 0' TIlE
CBHI1DWNB OF A lNOOT U11UTY EASEMENT LOCATED 5-POOr ON El1lIEIl SlOB 0'
SAID CBHTBIU.INB; COImNUE 1HENCB NOO-I6'26"W'ALONQ SAID EAST UNE OF LOT 13
AND SAID CBN'I'BIWNB or tmLJTY EASEMENT, A DISTANCE 0' 1/11.5"4 fEE1': 1lIENCE
. N'7O"Ol'Ol"W ALONQ nIB NORnmRL Y LINE 0' SAID LOT 13 AND CEN'mWNE
OF SAID UTILlTY BASEMENT, A DISTANCE OF 57.09 FEET TO A POINT OF TERMlNA170NOF
SAID CENTERLINE.
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Orange Co FL 55559;8
THIS SKETCH IS NOT A BOUNDARY SURVEY
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FRANK A. RAYIIOHCY LS-i-007 (407) 894-6314 ~ :=...- ~ :=-~~
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STATE OF FLORIDA
COUNTY OF ORANGE
CITY OF OCOEE
I HEREBY CERTIFY that the foregoing is a true copy of
Resolution No. 96-05, relating to two utility easements in Hammocks
Subdivision, as adopted by the Ocoee City Commission on March 19, 1996,
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 21 st day of March, 1996.
OR Bi-; 5031. Pg 2;::::0=-:;
Orange Co FL 5555918
-- ,,'(SEAL)
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For Recording Purposes Only
RESOLUTION NO. 96-05
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA ABANDONING AND
VACATING TWO -5' UTILITY EASEMENTS (10' COMBINED)
SITUATED ON EITHER SIDE OF THE COMMON LOT LINE BETWEEN
LOTS 12 and 13, HAMMOCKS SUBDIVISION, AT THE SOUTH END OF
ROSEMIST COURT, LOCATED WITHIN THE CORPORATE LIMITS OF
THE CITY OF OCOEE WITHIN THE NORTHWEST AND SOUTHWEST 1/4
OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST, AS
RECORDED IN PLAT BOOK 24, PAGE 49, OF THE 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 two - 5' utility easements (10' combined)
situated on either side of the common lot line between Lots 12 and
13, Hammocks Subdivision, according to the plat thereof, located
within the northwest and southwest quarters of Section 21, Township
22 South, Range 28 East, are recorded in Plat Book 24, page 49, of
1
the Public Records of Orange County, Florida, 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
Easements); and,
WHEREAS, Keith L. Whittingham, is the owner of the fee
simple title to Lots 12 and 13, Hammocks Subdivision 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, an application has been filed by Keith
L. Whittingham, (the IIApplicant II) 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 Easements are located within the corporate
limits of the City of Ocoee; 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 centerline 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
2
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 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 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 Easements described
in Exhibit A along the common lot lines of Lots 12 and 13, Hammocks
Subdivision according to the plat thereof, located within the
corporate limits of the City of Ocoee, within the northwest and
south 1/4 of Section 21, Township 22 South, Range 28 East, as
recorded in plat Book 24, Page 49, according to the plat thereof,
all of the Public Records of Orange County, Florida, a legal
description of said Easements to be abandoned and vacated 1S being
3
attached hereto as Exhibit "A" and by this reference made a part
hereof (the "Easements").
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 of 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 19th day of March, 1996.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Clerk
(SEAL)
ADVERTISED March 7 , 1996
READ FIRST TIME AND ADOPTED
tv'\P\(H.H \q ,1996,
UNDER AGENDA ITEM NO. "SC p.,
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVEftr AS TO FORM ~JkE~:r,~T~1
this day of ~~1b, 1996.
FOLEY & ~DNER .
By: J1J25~
Paul E. Rosenthal, City Attorney
4
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SKETCH OF DESCRIPTION
DESCRIPTION
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V ACA TlON OF THE lo-FooT UTILITY EASEMENT LOCATED 5-FooT ON EIlHER SIDE OF
THE BOUNDARY BETWEEN LOTS 12 AND 13, THE HAMMOCKS, AS RECORDED IN PLAT
BOOK 24, PAGES 49 &: SO, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
FROM THE SOUlllEAST CORNER OF SAID LOT t3; RUN THENCE NOOO1 6'26"W ALONG mE
EAST LINE OF SAID LOT 13, A DISTANCE OF 1".fJ,FEET FOR A POINT OF: BEGINNING OF THE
CENTERLINE OF A Io-FOOT UTILITY EASEMENT LOCATED 5-FooT ON EI1HER SIDE OF
SAID CENTERLINE; CONTINUE THENCE NOOO 1 6'26"W ALONG SAID EAST LINE OF LOT 13
AND SAID CENTERLINE OF UTILITY EASEMENT, A DISTANCE OF 101.,. FEET; mENCE
, N70"OI'OI"W ALONG THE NORTHERLY LINE OF SAID LOT 13 AND CENTERLINE
OF SAID UTILITY EASEMENT, A DISTANCE OF 57.09 FEET TO A POINT OF TERMINATION OF
SAID CENTERLINE.
THIS SKETCH IS NOT A BOUNDARY SURVEY.
PREPARED FOR:
I JENl [t<<; STROCTlJlE lASED ~ I
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STATE OF FLORIDA
COUNTY OF ORANGE
CITY OF OCOEE
I HEREBY CERTIFY that the foregoing is a true copy of
Resolution No. 96-05, relating to two utility easements in Hammocks
Subdivision, as adopted by the Ocoee City Commission on March 19, 1996,
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 21st day of March, 1996.
(SEAL)