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Home My WebLink About2008-009 Vacating Utility Easement for Lot 5, Admiral Pointe Phase II AFTER RECORDING RETURN TO: DOC I 20080395911 B: 9723 P: 3605 07/03/2008 09:28:30 AM Page 1 of 7 Rec Fee: $61.00 Doc Type: GOVR Martha O. Haynie, Comptroller Orange CountY6 FL MB - Ret To: COEE Beth Eikenberry, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 (407) 905-3100 IIG,~r~~11 RESOLUTION NO. 2008-009 (Vacating a Portion of Rear 15' Utility Easement for Lot 5, Admiral Pointe Phase II) For Recording Purposes Only A RESOLUL TION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING A PORTION OF AN EXISTING 15 FOOT UTILITY EASEMENT ON THE REAR OF LOT 5, ADMIRAL POINTE, PHASE II, RECORDED IN PLAT BOOK 41, PAGES 79, 80 AND 81 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, CITY OF OCOEE, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 5, ADMIRAL POINTE, PHASE II; THENCE ALONG THE NORTH LINE OF SAID LOT 5 RUN S 72023'32" E, 6.30 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTH LINE RUN S 72023'32" E, 9.46 FEET; THENCE DEP ARTING SAID NORTH LINE RUN S 00015'55" E, 55.04 FEET; THENCE RUN N 51036'20" W, 11.53 FEET; THENCE RUN N 00015'55" W, 50.74 FEET TO THE POINT OF BEGINNING; 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 the rear (15) foot wide Utility Easement located on the western rear lot line of Lot 5 Admiral Pointe Phase II, as depicted on the Plat of Map of Ocoee, Plat Book 41A, Pages 79,80 and 81 of the Public Records of Orange County, Florida, a legal description 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, 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 Easement and all owners of the property within three hundred (300) feet in all directions 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-(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 Lot containing 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 ofthe 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 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 the City of Ocoee. 2 SECTION 2. Abandonment and Vacation of the Easement. The City Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to the portion of Easement. SECTION 3. 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 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any ~eason 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 "5 day of J '^'~~ ,2008. " .) ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY ON this ~ day of (j LJ()~ . , 2008. ::LEYr:;{~ City Attorney APPROVED: CITY OF OCOEE, FLORIDA SS'A~~ S. Scott Vandergrift, Mayor ' DATE: "'Tu..ne- 3 2..C::lJ?J I APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD -.:::r LLn .e.. 3rt ' 2008, UNDER AGENDA I M NO.4--. 5 EXHIBIT "A" (the "Easement") COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 5, ADMIRAL POINTE, PHASE II; THENCE ALONG THE NORTH LINE OF SAID LOT 5 RUN S 72023'32" E, 6.30 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTH LINE RUN S 72023'32" E, 9.46 FEET; THENCE DEPARTING SAID NORTH LINE RUN S 00015'55" E, 55.04 FEET; THENCE RUN N 51036'20" W, 11.53 FEET; THENCE RUN N 00015'55" W, 50.74 FEET TO THE POINT OF BEGINNING. A-I LOT 5, ADMIRAL POINTE PHASE II SKETCH AND DESCRIPTION VACA TlNG A PORTION OF REAR 15' UTILITY EASEMENT (THIS IS NOT A SURVEY) T GRAPHIC SCALE 0 15 3D 60 I I I ( IN FEET 1 inch = 30 ft. POINT OF COMMI:NCI:MI:NT NW CORNI:R, LOT 5 ~ .~ ~~ :h. c:J '=Q~ m- ,-,,:::0 --cJ1 :h. --------- . r-- lJ GJ-a ~C) 0_ '--'<: r;:j 1 L}. L- @ S 72.23'32" E 9.46' @ S 00.15'55" E 55.04' @ N 51.36'20" W 11.53' CB> N 00.15'55" W 50.74' PORTION OF EXISTING 15' EASEMENT TO BE VACA TED IS' U.E. / __ S ?.?. -- ~t' -- .o/ORl1,> __'.?8..?6' '-or (I.o/e- ~--7 6 @ D I:XISnNG RI:SIDI:NCI: 5 N 89'44'05" E 110.37' (NR.) 4 t::. = 74'45'49" R = 250.00' L = 64.42' CB = N 70'73'34" E SURVE:YORS NOTES: 1. NOT VALID WITHOUT THI: SIGNA TURI: AND THI: RAlsm SI:AL OF A FLORIDA LlCI:NSm SURVE:YOR AND MAPPI:R. 2. THI: BI:ARINGS SHOWN HI:RI:ON ARI: BAsm ON THI: WEST LlNI: OF LOT 5. ADMIRAL POINTE, PHASI: II. HA VlNG A BI:ARING OF N 00i5'55" IV, PI:R RECORD PLA T. 3. THI: LANDS SHOWN HI:RI:ON WERE NOT ABSTRACTED FOR RIGHTS OF WA Y, EASEMI:NTS, OWNERSHIP, OR OTHER INSTRUMI:NTS OF RECORD BY THIS FIRM. FILE. AP-05.DWG SEE SHEET 2 FOR LEGAL DESCRIPTION 5-73-2008 SHEET 7 OF 2 PROJECT. 99068 Associated Land Surveying & Mapping, Inc. 110 WYMORE ROAD. SUITE 111. AL TAMONTE SPRINGS. FLORIDA 32714 PH (407) 869-5002. FAX (407) 869-8393 CERTIFICATE OF AUTHORIZATION # LB 6767 LOT 5, ADMIRAL POINTE PHASE II SKETCH AND DESCRIP770N VACA TlNG A PORTION OF REAR 15' UTILITY EASEMENT (THIS IS NOT A SURVEY) A PORTION OF AN EXISTING 15 FOOT UTILITY EASEMENT ON THE REAR OF LOT 5, ADMIRAL POINT, PHASE II, RECORDED IN PLA T BOOK 41, PAGES 79, 80 AND 81 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, CITY OF OCOEE, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTHWEST CORNER OF SAID LOT 5, ADMIRAL POINTE, PHASE II; THENCE ALONG THE NORTH LINE OF SAID LOT 5 RUN S 72"23'32" E, 6.30 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTH LINE RUN S 72.23'32" E, 9.46 FEET; THENCE DEPARTING SAID NORTH LINE RUN S 00'15'55" E, 55.04 FEU; THENCE RUN N 51.36'20" W. 17.53 FEET,. THENCE RUN N 00015'55" W. 50.74 FEET TO THE POINT OF BEGINNING. CONTAINING 476.0 SQUARE FEET, MORE OR LESS. FILe AP-05DWG SEE SHEET 2 FOR SKETCH 5-13-2008 PROJECT 99068 SHEET 7 OF 2 PREPARED BY: ASSOC/A TED LAND SURVEYING & MAPPING, INC SUF?VEYOF? AND MAPPER IN RE5PONSIBLE CHARGE Associated Land Surveying & Mapping, Inc. 110 WYMORE ROAD, SUITE 111, AL TAMONTE SPRINGS. FLORIDA 32714 PH (407) 869-5002. FAX (407) 869-8393 CERTIFICATE OF AUTHORiZATION # LB 6767 , I - . DA VID M McDERMDTT ~ ~h TRED SURVEYOR AND MAPPER CERTlF/CA TE No 4779