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HomeMy WebLinkAboutResolution 95-18 O~arQ2 Cc ~L 5555917 03/25,06 Ol:SS;; Oq HI-< ~5C)=3 1. Pc 2:1 ']. - Rec ~;3. (,i . Prepared by IRetum f<< Jean Grafton. City Clerk City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 I L For Recording Purposes Only RESOLUTION NO, 9.5-18 ~. ~ESOLUTION' OF THE CITY OF OCOEE, FLORIDA ABANDONING AND -VACATING THAT APPROXIMATE 2, 000 FEET PORTION OF B. C. TERRY ROAD RIGHT-OF-WAY SITUATED SOUTII OF THE BELL SOUTH . . SWITCHrNG STATION TO THE NORTHERN RIGHT-OF-WAY LINE OF ~IAINE STREET AS DEPICTED ON THE PLAT OF THE TOWN OF OCOEE SUBDIVISION, LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF aCOEE ALONG THE SECTION-LINE BETWEEN THE SE " AND NE " OF SECTION 20 AND THE NW " AND SW " OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST, AS RECORDED IN PLAT BOOK lIA.", PAGES 100-101, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, SUBJECT TO A PUBLIC DRAINAGE AND UTILITY EASEMENT AS RESERVED HEREIN; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee deeires to abandon and vacate that approximate 2,000 feet portion of B.C. Terry Road right-of-way situated south of the Bell South Switching Station to the northern right-of-way line of Maine Street as depicted on the Town of Ocoee Subdivision, according to the plat thereof I located within the corporate limits of the City of Ocoee along the section-line between the SE ~ and NE ~ of Section 20 and the NW ~ and SW ~ of Section 21, Township 22 South, Range 28 East, as recorded in Plat Book ~A", pages 100-101, of the Public Records of Orange County, . Florida, subject to a public drainage and utility easement reserved herein, 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, 1 WHEREAS, the City Commission of the City of Ocoee desires to reserve a public drainage and util~ty easement over, under and/or upon. the vacated portion of the Roadway as described in Exhibit "All in connection with existing or future drainage and utility facilities . as well as the right of ingress and egress in, O'.Ter, under and/or upon the Roadway for the purpose of maintaining said utilities and drainagE: facilities and any other utilities which may now or hereafter be located in, over, under and/or upon the Roadway; and WHEREAS, the City of Ocoee, is the owner of the B.C. Terry Road right-of-way by virtue of the dedication description provided on the Town of Ocoee Plat Book "A", pages 100-101, of the Public Records, of Orange County, Florida, and by Right-of-Way Agreements recorded in the Official Record Books of Orange CountYi and, WHEREAS, the City 0= Ocoee, annexed the subject B.C. Terry Road right-of-way into the corporate limits on March 15, 1988 per Ordinance No. 88-02; and, WHEREAS, the Orange County Engineer notified the City of Ocoee on June 16, 1988, that the County was discontinuing maintenance on B.C. Terry Road effective July 1, 1988 because of its annexatioTIi and, ORBk5031 PoE:::I9': Orange Co~FL 5555917 WHEREAS, pursuant to Article II of Chapter 153 of the Code of the City of Ocoee, the City of Ocoee has filed a City- Initiated Vacation Application to abandon and vacate the RoadwaYi and, WHEREAS, the applicant has complied with the provisions of . Section 153 -10 regarding the provision of certain information in connection with the applicationi 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 2 . . 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 153-13 (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: nR PI; ::--';().:3::I Pq ;:-::. 1 .: " Orange Co FL 5555917 The City Commission of the City SECTION ONE. Authoritv. 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 Roadwav. 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 that approximate 2,000 feet portion of B.C. Terry Road right-of-way situated south of the Bell South 3 . . Switching Station to the northern risht-of-way line of Maine Street as depicted on the Town of Ocoee Subdivision, according to the plat thereof, located within the corporate lLnits of the City of Ocoee, along the section-line between tlle BE ';4' and NE ~ of Section 20 and the NW ~ and SW ~ of Section 21, Township 22 South, Range 28 East, as recorded in Plat Book "A, Page 100-101, according to the plat thereof, all of the Public Records of Orange County, Florida, a legal description of such roadway to be abandoned and vacated is being attached hereto as Exhibit "A" and by this reference made a part hereof (the "Roadway"). OR Bk 5()31. PEl 2:t 9~:; Orange Co.FL 5555917 SECTION TH'REE. Reservation of Public Drainaqe and Utility Easement. The City of Ccoee hereby reserves a public drainage and utility easement over, under and/or upon the vacated portion of the Roadway as described in Exhibit ~A" in connection with any existing or future drainage and utility exte~sions that may be located in the Roadwav and any other u~ilities which may now or hereafter be located ~.. ~ in, over, under and/or upon the Rcadway; provided, further, that the reserved drainage and 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 drainage facilities and any other utilities which may now or hereafter be located in, over, under and/or upon the Roadway. SECTION FOUR. 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. 4 . . SECTION FIVE. Severability. If any sect:ion, 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 SIX. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this , 5 day of _DgC.-\"l\BI!R , 1995. APPROVED: CITY OF OCOEE, FLORIDA ./'. C ~ L I tJ ,A ;:J. ,;2.+;,--U ./ tl.AAC.t~~r- s. Scot t Vandergri ft ( Mayor Clerk ADVERTISED October 5 ,1995 READ FIRST TIME AND ADOPTED DE'C:E!M.\\GR 5 ,1995, UNDER AGENDl>. ITEM NO. Y ~ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED".-.AS TO FORM po LEGALITY this ~ day of J ){"'(!,~ h.r- ,1995. -' FOLEY & /~~)NER lfiJ ~ ae~J?J ~t (~) 3. l Pi! :=:=.:" ~~ ~::! r~, Orange CoFL 5555917 nR Pl( By: Paul E. Rosenthal, City Attorney 5 . . OPTION 3 EXHIBIT "A" OR Bk 5 ()::::; 1. Pg ;? l. 9-7 Orange Co FL 5555917 Legal Description: A portion of the road right -of -way of B. C. Terry Road, being more particularly described as (1) that certain right-of-way shown on the Map of Ocoee and abutting on the east Lots 5-8, inclusive, and Lots 20-21, inclusive, Block 7, Map of Ocoee, Plat Book A, Pages 100-101, Public Records of Orange County, Florida; (2) the West 30 feet of the SW " of the NW ", Section 21, Township 22 South, Range 28 East, Orange County, Florida (as described in the Right-of- Way Agreement recorded in Official Records Book 1768, Page 1019, and Book 1768, Page 1021), and (3) the West 30 feet of the NW ~ of the SW ~, Section 21, Township 22 South, Range 28 East, Orange County, Florida (as described in the Right-of-Way Agreement recorded in Official Records Book 1768, Page 1020), less the northernmost portion of said road right-of-way which is situated 628.00 feet north of the north right -of -way line of Geneva Street; all being located within Sections 20 and 21, Township 22 South, Range 28 East, City of Ocoee, Florida; subject to the reservation of a public drainage and utility easement over, under, and/or upon 1) the West 40 feet of the vacated portion of the Roadway which is situated north of the north right-of- way line of Blue Spruce Drive extended, and 2) the entire vacated portion of the Roadway which is situated south of the north right-of-way line of Blue Spruce Drive extended. 8 .. . . STATE OF FLORIDA COUNTY OF ORANGE CITY OF OCOEE I HEREBY CERTIFY that the foregoing is a true copy of Resolution No. 95-18, relating to B. C. Terry Road right-of-way, as adopted by the Ocoee City Commission on December 5, 1995, 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) OR Bk 5031 I='g 2:1 9 n Orange Co FL 5555917 Recorded - Martha o. Haynie t.