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HomeMy WebLinkAboutResolution 2026-01 - Abandoning and Vacating a Portion of North Clarke RoadDOC # 20260204790 04/09/2026 15:46 PM Page 1 of 6 Rec Fee: $52.50 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 Phil Diamond, Comptroller Orange County, FL Ret To: CSC INC RESOLUTION NO.2026-01 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING A PORTION OF NORTH CLARKE ROAD (80 FOOT RIGHT OF WAY) AS SHOWN ON THE PLAT OF MCCORMICK RESERVE — PHASE ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 87, PAGES III THROUGH 115, INCLUSIVE, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, LYING IN THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, CITY OF OCOEE, ORANGE COUNTY, FLORIDA; PROVIDING FOR RESERVATION OF A PUBLIC UTILITY EASEMENT; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to abandon and vacate a portion of North Clarke Road Right of Way running in an North -South direction as depicted on the on the Plat of McCormick Reserve — Phase One, according to the plat thereof as recorded in Plat Book 87, Pages 111 through 115, inclusive, of the public records of Orange County, Florida, lying in the Northwest 1/4 of Section 33, Township 21 South, Range 28 East, City of Ocoee, Orange County, Florida; and a legal description of such to be abandoned and vacated is attached hereto as Exhibit "A" and by this reference made a part hereof (the "Right of Way"); and WHEREAS, the City Commission of the City of Ocoee desires to reserve a public utility easement over, under, and/or upon the Right of Way in connection with existing or future utility facilities as well as the right of ingress and egress in, over, under, and/or upon the Right of Way for the purpose of maintaining said utilities and any other utilities which may now or hereafter be located in, over, under, and or/or upon the Right of Way; and WHEREAS, the applicant has complied with the provisions of Section 153-10 of the Code of Ordinances of the City of Ocoee regarding the provision of certain information in connection with the application; and 20260204790 Page 2 of 6 WHEREAS, pursuant to Section 153-13(D)(1) of the Code of Ordinances 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 Right of Way and all owners of the property within three hundred (300) feet in all directions of the Right of Way; and WHEREAS, pursuant to Section 153-13(D)(2) of the Code of Ordinances 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-(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 Right of Way; 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 Ordinances 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 1. 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 and Chapter 166, Florida Statutes, and Article II of Chapter 153 of the Code of Ordinances of the City of Ocoee. SECTION 2. Abandonment and Vacation of the Right of Way. The City Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in 0 20260204790 Page 3 of 6 and to the portion of Right of Way. SECTION 3. Reservation of Public Utility Easement. The City of Ocoee hereby reserves a public utility easement over, under and/or upon the Right of Way in connection with any existing or future utility extensions that may be located in the Right of Way and any other utilities which may now or hereafter be located in. over under and/or upon the Right of Way; 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 Right of Way 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 Right of Way. SECTION 4. 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 5. Effective Date. This Resolution shall become effective upon passage and adoption. PASSED AND ADOPTED this day of , 2026. SIGNATURE PAGE TO FOLLOW 3 20260204790 Page 4 of 6 ATTEST: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORV AND LEGALITY this day of L , 2026. FIS K DOMINICK B Richard Geller, City Attorney APPROVED: CITY OF OCOEE, FLORIDA 1 ?0 't "k Rusty Johns n, n yor ADVERTISED atj(9U�2026. READ FIRST TIME AND ADOPTED 191)ri / - , 2026. UNDER AGENDA ITEM NO. 20260204790 Page 5 of 6 BUSINESS NO. 32100 LAND DEVELOPMENT & ENGINEERINGSERVCES CERTIFICATE OF AUTHORIZATION NO. L88214 WOHLFARTH CONSULTING GROUP LLC ENGINEERS, PLANNERS 246 N. WESTMONTE DRIVE ALTAMONTE SPRINGS, FLORIDA 32714 (407)7SO-3123 SKETCH AND DESCRIPTION ONLY (NOT A SURVEY) DESCRIPTION: EXHIBIT "A" (the Right of Way) (RIGHT-OF-WAY TO BE VACATED) A portion of North Clarke Road (80 foot Right -of -Way) as shown on the plat of McCORMICK RESERVE - PHASE ONE, according to the Plat thereof as recorded in Plat Book 87, Pages 111 through 115, inclusive, of the Public Records of Orange County, Florida, lying In the Northwest 1/4 of Section 33, Township 21 South, Range 28 East, City of Ocoee, Orange County, Florida, being more particularly described as follows: COMMENCE at the Northwest corner of Tract F of said McCORMICK RESERVE - PHASE ONE; thence North 89°51'12" West along a Northerly boundary of said McCORMICK RESERVE - PHASE ONE, a distance of 80.00 feet to a point on the Westerly Right -of -Way line of said North Clarke Road; thence South 00°08'48" West along said Westerly Right -of -Way line, a distance of 69.35 feet to a point of curvature of a curve concave to the East, said point also being the POINT OF BEGINNING; thence departing from said Westerly Right -of -Way line, run Southerly along said curve having a radius of 915,00 feet, a central angle of 26°07'04", for an arc length of 417.09 feet to a point of cusp, the following three (3) courses being along the Easterly boundary of Tract M of said McCORMICK RESERVE - PHASE ONE, and the Westerly Right -of -Way line of said North Clarke Road; thence North 25°58'16" West, a distance of 128.73 feet to a point of curvature of a curve concave to the East; thence Northerly along said curve having a radius of 360.00 feet, a central angle of 26°07'04" for an arc length of 164.10 feet to a point of tangency; thence North 00°08'48" East, a distance of 128.73 feet to the POINT OF BEGINNING. Said lands containing 0.065 acres (2,852 square feet), more or less. NOTES: 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL Or A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. PROJECT NAME: McCORMICK RESERVE - PHASE ONE ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN LOCATION: City of Ocoee, Orange County, Florida THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY WOFILFARTI I CONSULTING GROUP LLC FOR EAS:MENTSAND RIGHTS -OF -WAY OF RECORD 3. DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY. 4. BEARINGS ARE BASED ON THE PLAT OF McCORMICK RESERVE - PHASE ONE, PLAT BOOK 87, PAGES 111.115, ORANGE COUNTY RECORDS, THE NORTH BOUNDARY OF TRACT F HAVING A BEARING OF SOUTH 89°51'12" EAST, 5. WOHLFARTH CONSULTING GROUP LLC CERTIFICATE OF AUTHORIZATION NO. LB 8214 IS ISSUED BY THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES. REVISIONS I DATE I BY CERTIFICATION: En b 0 a w a U E. V LL- O W W Z (n 1 HEREBY CERTIFY THAT THE ATTACHED SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT IT MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER SJ-17, FLORIDA ADMINISTRATIVE CODE. FOR THE FIRM WOHLFARTH CONSULfi1pIG C�,01)O LLC: O n N F— c.> WILSON F., WAY, P.S.M. PROFESSIONAL SURVEYOR and MAPPER 112885 STATE OF FLORIDA a z DA7Et06/20�19 BYA54N BF BYECKEDWW BFIELD OOK N/A 20260204790 Page 6 of 6 BUSINESS N0, 32100 LAND DEVELOPMENT & ENGINEERING SERVI",ES CERTIFICATE OF AUTHORIZATION 140.1 10' U.E. WOHLFARTH CONSULTING GROUP LLC ENGINEERS, PLANNERS 246 N. WESTMONTE DRIVE ALTAMONTE SPRINGS, FLORIDA 32714 (407) 750.3123 N. BOUNDARY McCORMICK RESERVE - PHASE ONE (P.B. 87, PG. 111-115, O.C.R.) N89'51112'W 80.00' N. BOUNDARY TRACT F 569'51'12 E (BASIS FOR BEARINGS) TRACT M w o I POINT OF in COMMENCEMENT N.W. CORNER TRACT F 40' 40 POINT OF BEGINNING z M � � ( w Z Z � � I TRACT F (CONSERVATION & OPEN SPACE) Q I RW�L=417ZO9' 915.00' C� o z07'04" z R/W TO BE VACATED CK Q (0.065 ACRES, 2,852 S.F.+) R=360.00' — 4=26'07'04" L=164.10' TRACT M SKETCH AND DESCRIPTION ONLY (NOT A SURVEY) McCORMICK RESERVE - PHASE ONE (P.B. 87, PG, 111-115, O.C.R.) Ilk ADS \\ REVISIONS DATE 0Y narc - LEGEND A = CENTRAL ANGLE L = LENGTH OF ARC O.C.R. ORANGE COUNTY RECORDS P.B. = PLAT BOOK PG. = PAGE R = RADIUS R/W = RIGHT-OF-WAY S.F.=SQUARE FEET U.E.= UTILITY EASEMENT = CENTERLINE DRAWN CHECKED FIELD 19 BY BF BY WEW 300K H O Q N c~i w 26 'A