HomeMy WebLinkAbout2008-010 Vacating ROW E. Washington St.
DOC a 20080395910 B: 9723 P: 3599
07/03/2008 09:28:30 AM Page 1 of 6
Rec Fee: $52.50 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
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AFTER RECORDING RETURN TO:
RESOLUTION NO. 2008-010
(Vacation of Right of Way Resolution for E. Washington Street)
For Recording Purposes Only
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING THAT PORTION OF E.
WASHINGTON STREET, A SIXTY (60) FOOT WIDE PUBLIC
RIGHT OF WAY, LYING BETWEEN THE EASTERLY RIGHT OF
WAY LINE OF S. BLUFORD AVENUE AND THE WESTERLY
RIGHT OF WAY LINE OF S. LAKEWOOD AVENUE AS
DEPICTED ON THE PLAT OF MAP OF OCOEE, PLAT BOOK A,
PAGES 100 AND 101 OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA; PROVIDING FOR THE 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
that portion of Washington Street, a sixty (60) foot wide public right of way, lying between the
easterly right of way line ofS. Bluford Avenue and the westerly right of way line ofS. Lakewood
A venue, as depicted on the Plat of Map of Ocoee, Plat Book A, Pages 100 and 101 of 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
"Roadway"); and
WHEREAS, the City Commission of the City of Ocoee desires to reserve a public utility
easement over, under and/or upon the north thirty (30) feet of the Roadway in connection with
existing utility facilities as well as the right of ingress and egress in, over, under and/or upon the
Roadway for the purpose of maintaining said utilities and any other utilities that may now or
hereafter be located in, over, under and/or upon the Roadway; 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 l53-l3(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 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-(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
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:
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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.
SECTION 2.
Abandonment and Vacation of the Roadwav. Subject to the
provision of Section 3 set forth below, the City Commission of the City of Ocoee, Florida,
hereby abandons, vacates and renounces any rights in and to the Roadway.
SECTION 3.
Reservation of Public Utility Easement. The City of Ocoee hereby
reserves a public utility easement over, under and/or upon the north thirty (30) feet of the
Roadway in connection with any existing utilities located in the Roadway and any other utilities
that may now or hereafter be located in, over under and/or upon the Roadway; 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 Roadway
for the purpose of maintaining said utilities and any other utilities that may now or hereafter be
located in, over, under and/or upon the Roadway.
SECTION 4.
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 5.
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.
"
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SECTION 6.
Effective Date. This Resolution shall become effective upon passage
and adoption.
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PASSED AND ADOPTED this L day of 0\).fl~ , 2008.
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ATTEST:
....
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY ON
this lday of\.Y" C ,2008.
::LEr:;;~
City Attorney
APPROVED:
CITY OF OCOEE, FLORIDA
~
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DATE: '- ) \J-nQ.. 3 I 2Ct.)g
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
. -:fUnD ~~008,
UNDER AGENDA ITEM NO. .
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EXHIBIT "A"
(the "Roadway")
All that portion of E. Washington Street, a sixty (60) foot wide public right of way, lying
between the easterly right of way line of S. Bluford Avenue and the westerly right of way line of
S. Lakewood Avenue, as depicted on the Plat of Map of Ocoee, Plat Book A, Pages 100 and 101
of the Public Records of Orange County, Florida.
A-I