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HomeMy WebLinkAboutResolution 2026-02 - Abandoning and Vacating a Portion of the 60' Right of Way of Cumberland AveDOC # 20260233343 04/24/2026 07:22 AM 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 RESOLUTION NO. 2026-02 Orange County, FL Ret To: CSC INC A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING A PORTION OF THE 60' WIDE RIGHT OF WAY OF CUMBERLAND AVENUE, LYING SOUTH OF FRANKLIN STREET AND LYING 65 FEET NORTH OF THE SOUTHWEST CORNER OF LOT 5, BLOCK 2 AS DEPICTED ON THE PLAT OF THE MAP OF OCOEE, RECORDED IN PLAT BOOK A, PAGE 100 OF THE PUBLIC RECORDS OF ORANGE COUNTY; 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 Cumberland Avenue Right of Way running in an North -South direction being a portion of the 60' wide right of way of Cumberland Avenue, lying south of Franklin Street and lying 65 feet north of the southwest corner of Lot 5, Block 2 as depicted on the plat of the MAP OF OCOEE, recorded in Plat Book A, Page 100 of the Public Records of Orange County; 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 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 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 and to the portion of Right of Way. SECTION 3. 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 4. Effective Date. This Resolution shall become effective upon passage and adoption. 0 PASSED AND ADOPTED this day of g__, 2026. v2sur-ST-79 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 21gay of 2026. FISHBACK DOMIN CK B;" -�--� Richard Geller, City i Attorney j,..• • BY THE CITY OF COMMISSION AT A MEETING HELD • 2026. UNDERi+ ITEM NO. 4 SCHEDULE "A" Exhibit "A" SKETCH OF DESCRIPTION Legal Description A parcel of land, being a portion of the 60' wide right-of-way of Cumberland Avenue, lying south of Franklin Street and lying 65 feet north of the southwest corner of Lot 5, Block 2 as depicted on the plat of the MAP OF OCOEE, recorded in Plat Book A, Page 100 of the Public Records of Orange County, Florida, being more particularly described as follows: Commencing at the northeast corner of Lot 1, FREEMAN AND PARR REPLAT as recorded in Plat Book 60, Page 99 of the Public Records of Orange County, Florida; thence run N 02°4936" E along the westerly right-of-way line of Cumberland Avenue, for a distance of 65.00 feet to the POINT OF BEGINNING of the herein described parcel; thence continue N 02°4936" E along said westerly right-of-way line, for a distance of 305.28 feet to the southerly right-of-way line of Franklin Street, a 60' wide right-of-way as depicted in said MAP OF OCOEE; thence run S 89'5958" E along said southerly right-of-way line of Franklin Street, for a distance of 60.07 feet to easterly right-of-way line of said Cumberland Avenue; thence run S 02'4936" W along said easterly right-of-way line, for a distance of 308.24 feet to a point being 65 feet north of the southwest corner of Lot 5, Block 2 of said MAP OF OCOEE; thence run N 87'10 24" W, for a distance of 60.00 feet to the POINT OF BEGINNING. Containing 18,405 square feet or 0.422 acres, more or less. Surveyor's Notes 1. This Sketch of Description is not valid without the original signature and seal of a Florida licensed surveyor and mapper. 2. Bearings shown hereon are relative to the westerly right-of-way line of Cumberland Avenue as depicted on the plat of FREEMAN AND PARR REPLAT, recorded in Plat Book 60, page 99 of the Public Records of Orange County, Florida, as being N 02°4936" E. 3. Lands shown hereon were not abstracted for ownership, easements, rights -of -way or other title matters by this firm, any related information shown hereon was acquired from the Orange County property appraiser website, the plat FREEMAN AND PARR REPLAT, as recorded in Plat Book 60, page 99 and the plat of the MAP OF OCOEE, as recorded in Plat Book A, page 100, of the public records of Orange �pwmldy4tFi/grida. A title insurance commitment or title information has not been providedt\0`�PX RAMO''//,,'' • ; �S e Nil •.••• .`tee 60 , 6458 " o STATE OF � '•. FLORIDA • �\ �`p %, soh •''•aoa� MAX RAMOS 21212026 THIS IS NOT A FIELD SURVEY ,,17 z''� SurveVO' ,���`� FLORIDA PROFESSIONAL L LICENSE NO. LS 6458R AND MAPPER PROJECT TITLE: SKETCH OF DESCRIPTION A PORTION OF THE 60' WIDE RIGHT-OF-WAY OF CUMBERLAND AVENUE WSP USA GEOMATICS INC. 550 Northlake Boulevard, Suite 1000 Altamonte Springs, FL 32701 USA Phone: (407) 522-7570 www.wsp.com Certificate of Authorization Number LB-0008652 I DATE I BY I DESCRIPTION REVISION DRAWN BY: MEP I CHKD, BY: MR DATE: 01/29/2026 DATE: 01/29/2026 JOB No. SCALE: SHT. 1 I 6374231442.T15 I N / A I OF 2 DRAWING NAME: 6374231442.T15.SOD.dwg SCHEDULE "A" SKETCH OF DESCRIPTION LOT 18 1 LOT 19 LOT LINE W M O O N pV' O O M Z LU z J LL 0 LOT 0 J LEGEND DOC= INSTRUMENT (DOCUMENT) POB = POINT OF BEGINNING FOG = POINT OF COMMENCEMENT TL LOT 1 FREEMAN AND PARR REPLAT PLAT BOOK 60, PAGE 99 POB — POC NE CORNE OF LOT 1 S 89°59'58" E FRA NE LIvtA of STOCOREET P60' W � PRIGHOT-OF-WAY 60.07 SOUTHERLY RIGHT OF -WAY TIN Ict O W Q �ZV to CC Uj W Co OV Z U. ti O Q. N 87010'24" W 60.00' W =Q z i o ILL w _o Q W Q U o = '0 z�oY a CL U� LOT 20 1 _LOT LINE W 00 N OG�O OAP � 0+ o Q� LOT 5 c� J Cr L co �I PARCEL LINE LOT 21 PARCEL: 17-22-28-6144-02-053 PER DOCUMENT 20210555626 p SW Corner = Lot 5 GRAPHIC SCALE LOT LINE I— 25 50 1 inch = 50 feet THIS IS NOT A FIELD SURVEY PROJECT TITLE: SKETCH OF DESCRIPTION A PORTION OF THE 60' WIDE RIGHT-OF-WAY OF CUMBERLAND AVENUE DATE BY a F v I¢ i n DESCRIPTION WSP USA GEOMATICS INC. 550 Norlhlake Boulevard, Suite 1000 Altamonte Springs, FL 32701 USA Phone: (407) 522-7570 www.wsp.com Certificate ofAuthorizalion NumberLB•0008652 DRAWN BY: MEP CHKD. BY: MR DATE: 01/29/2026 DATE: 01/29/2026 JOB No. SCALE: SHT. 2 6374231442.T15 1" = 50' 1 OF 2 DRAWING NAME: 6374231442.T15.S0D.dwg