HomeMy WebLinkAboutResolution 95-09
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For Recording Purposes Only
RESOLUTION NO. 95- 09
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA ABANDONING AND
VACATING THAT CERTAIN 434 FEET PORTION OF THE SIXTY (60)
FEET MAINE STREET RIGHT-OF-WAY ABUTTING A PORTION OF THE
SOUTHERN BOUNDARY OF LOTS 27 AND 28 OF BLOCK 6, TOWN OF
OCOEE SUBDIVISION, LOCATED WITHIN THE CORPORATE LIMITS OF
THE CITY OF OCOEE WITHIN THE SOUTHEAST 1/4 OF SECTION 20,
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 DRAINAGE AND UTILITY
EASEMENT IN FAVOR OF THE CITY OF OCOEE AS RESERVED
HEREIN; PROVIDING FOR RECORDATION; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the City Commission of the City of Ocoee desires
to abandon and vacate that certain 434 feet portion of the sixty
(60) feet Maine Street right-of-way abutting a portion of the
southern boundary of Lots 27 and 28 of Block 6, Town of Ocoee
Subdivision, according to the plat thereof, located within the
corporate limits of the City of Ocoee within the southeast quarter
of Section 20, Township 22 South, Range 28 East, as recorded in
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Plat Book "A", pages 100-101, of the Public Records of Orange
County, Florida, subject to a drainage and utility easement in
favor of the City of Ocoee 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,
WHEREAS, the City Commission of the City of Ocoee desires
to reserve a drainage and utility easement in, over, under and/or
upon the north 30' of the Roadway in connection with future
drainage and utility extensions 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 drainage facilities and any other
utilities which may now or hereafter be located in, over, under
and/or upon the Roadway; and
WHEREAS, ZOM Lake Bennet, Ltd., Zorn Properties, Inc.,
General Partner, is the owner of the fee simple title to the
adjacent Tax Parcel 20-22-28-0000-00-024, of the Public Records, of
Orange County, Florida; and,
WHEREAS, pursuant to Article II of Chapter 153 of the
Code of the City of Ocoee, an application has been filed by ZOM
Lake Bennet, Ltd, 20M Properties, Inc., General Partner, (the
"Applicant") to abandon and vacate the Roadway; and,
WHEREAS, the applicant has complied with the provisions
of Section 153-10 regarding the provision of certain information in
connection with the application; and,
. WHEREAS, the Roadway is located within the corporate
limits of the City of Ocoee; and,
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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 roadway and all owners of the property within three
hundred (300) feet in all directions of the RoadwaYi 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 Ocoeei
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 RoadwaYi
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:
SECTION ONE. 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, Chapter
166, Florida Statutes, and Article II of Chapter 153 of the Code of
the City of Ocoee.
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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 certain 434 feet
portion of the sixty (60) foot Maine Street right-of-way abutting
a portion of the southern boundary of Lots 27 and 28 of Block 6,
Town of Ocoee Subdivision, according to the plat thereof, located
within the corporate limits of the City of Ocoee, within the
southeast 1/4 of Section 20, 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")
SECTION THREE. Reservation of Drainaqe and Utili tv
Easement. The City of Ocoee hereby reserves to itself and its
successors and assigns a drainage and utility easement in, over,
under and/or upon the north 30' of the Roadway in connection with
any future drainage and utility extensions that may be located in
the Roadway and any other utilities which may now or hereafter be
located in, over, under and/or upon the Roadway; provided, further,
that the reserved drainage and utility easement shall also reserve
unto the City and its 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
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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.
SECTION FIVE. Severability. If any section, 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 18
day of
July
, 1995.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Clerk
( SEAL)
ADVERTISED Julv 2 , 1995
READ FIRST TIME AND ADOPTED
July 18 ,1995,
UNDER AGENDA I TEM NO. "Y. IiI.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVE~ AS TO FORM AND LEGALITY
this day of July , 1995.
::LEY & 7lJ) ~
Paul E. Rosenthal, City Attorney
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EXHIBIT "A"
Legal Description:
Commence at the South 1/4 corner of Section 20, Township 22 South,
Range 28 East in Orange County, Florida; thence run S 89032'31" E
along the South I ine of the Southeast 1/4 of said Section 20 a
distance of 1327.57 feet; thence run N 00021'46" E along the East
line of the Southwest 1/4 of the Southeast 1/4 of said Section 20
a distance of 1321.28 feet to a point on the Southerly right-of-way
line of MAINE STREET, a 60 feet wide road according to the plat of
the Town of Ocoee, recorded in Plat Book A, pages 100 and 101 of
the Public Records of Orange County, Florida, said point also being
the POINT OF BEGINNING of this description; thence run N 89018'54"
W along said Souther I y right-of-way I ine and parall el wi th and
30.00 feet South of (as measured at right angles to) the North line
of the Southwest 1/4 of the Southeast 1/4 of said Section 20 a
distance of 434.53 feet; thence run N 00041'06" E a distance of
60.00 feet to a point on the Northerly right-of-way line of said
MAINE STREET; thence run S 89018'54" E along said North right-of-
way line a distance of 434.19 feet to a point on the East line of
the Northwest 1/4 of the Southeast 1/4 of said Section 20 thence
run S 00021' 46" W a distance of 30.00 feet to a point on the
centerline of MAINE STREET and the Northeast corner of the
Southwest 1/4 of the Southeast 1/4 of said Section 20; thence run
S 00021' 46" W along the aforesaid East I ine of the Southwest 1/4 of
the Southeast 1/4 of said Section 20 a distance of 30.00 feet to
the POINT OF BEGINNING of this description.
contains 0.5983 acres or 26061.69 square feet as calculated from
this description.
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