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Home My WebLink AboutResolution 94-34 I. . I Ot'ange Co FL 5085408 12/1c/94 11:41:5bam OR Bk 4830 Pg 42 1. L::=~ Rec 42.00 ""....., "'Relum to: Jeen Grafton, CIty Clerk City of Ocoee 1SO N. LakeIhore DrIve Ocoee, FL 34781 For Recording Purposes Only RESOLUTION NO. 94-34 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA ABANDONING AND VACATING THAT CERTAIN FIFTEEN (IS) FOOT UNNAMED ROAD RIGHT-OF-WAY ABUTTING THE EASTERN PROPERTY LINE OF TRACT 17, ORLANDO GROVES ASSOCIATION LAKE LOTTA GROVES SUBDIVISION, ACCORDING TO THE PLAT THEREOF, NORTH OF THE NORMAL HIGH WATER LINE OF LAKE LOTTA, LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF OCOEE WITHIN THE SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST, AS RECORDED IN PLAT BOOK "E", PAGE 52, AND THAT CERTAIN ADJACENT TWENTY-FIVE (25) FOOT UNNAMED ROAD RIGHT-OF-WAY ABUTTING THE WESTERN PROPERTY LINE OF GOOD HOMES PLAZA, A REPLAT, ACCORDING TO THE PLAT THEREOF, NORTH OF THE NORMAL HIGH WATER LINE OF LAKE LOTTA, LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF OCOEE WITHIN THE SOUTHWEST 1/4 OF SECTION 22, TOWNSHIP 22 SOUTH, RANGE 28 EAST, AS RECORDED IN PLAT BOOK 27, PAGE 107, ALL OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; 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 certain fifteen (15) foot unnamed road right-of-way abutting the eastern property line of Tract 17, Orlando Groves Association Lake Lotta Groves Subdivision, according 1 . . to the plat thereof north of the normal high water line of Lake Lotta, located within the corporate limits of the City of Ocoee within the southeast 1/4 of Section 21, Township 22 South, Range 28 East, as recorded in Plat Book "E", Page 52, and that certain adjacent twenty-five (25) foot unnamed road right-of-way abutting the western property line of Good Homes Plaza, a Replat, according to the plat thereof, north of the normal high water line of Lake Lotta, located within the corporate limits of the City of Ocoee within the southwest 1/4 of Section 22, Township 22 South, Range 28 East, as recorded in Plat Book 27, Page 107, all 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 "IA" and nIB" and by this reference made a part hereof (the "Roadway"); and WHEREAS, Lake Lotta, Ltd., is the owner of fee simple title to Tract 17, Orlando Groves Association Lake Lotta Groves Subdivision according to the plat thereof recorded in Plat Book "E", Page 52 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 Lake Lotta, Ltd., (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 2 . . WHEREAS, the Roadway is located within the corporate limits of the City of Ocoee; and WHEREAS, pursuant to Section 153-13 (D) (1) of the Code of the City of Ocoee notice of the 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 153-13 (D)(3) of the Code of the Ci ty of Ocoee, a sign set ting forth notice of the publ ic 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; and WHEREAS, the City Commission of the City of Ocoee desires to reserve a non-exclusive utility easement in, over, under and/or upon the North twenty feet (20') of the Roadway in connection with any utilities which may now or hereafter be located in, over, under and/or upon the North twenty feet (20') of the Roadway as well as the right of ingress and egress in, over, under and/or upon the 3 . . North twenty feet (20') of the Roadway for the purpose of maintaining any utilities which may now or hereafter be located in, over, under and/or upon the North twenty feet (20') of the Roadway. 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. SECTION TWO. Abandonment and Vacation of the Roadway. The City Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to that certain fifteen (15) foot unnamed road right-of-way abutting the eastern property line of Tract 17, Orlando Groves Association Lake Lotta Groves subdivision, according to the plat thereof, north of the normal high water line of Lake Lotta, located within the corporate limits of the Ci ty of Ocoee, wi thin the southeast 1/4 of Section 21, Township 22 South, Range 28 East, as recorded in pl at Book "E", Page 52, and that certain adjacent twenty-five (25) foot unnamed road right-of-way abutting the western property line of Good Homes Plaza, a Replat, according to the plat thereof, north of the normal high water line of Lake Lotta, located within the corporate limits of the Ci ty of Ocoee wi thin the southwest 1/4 of Section 22, Township 22 South, Range 28 East, as recorded in Plat Book 27, Page 4 . . 107, all of the Public Records of Orange County, Florida, a legal description of such roadway to be abandoned and vacated being attached hereto as Exhibit "IA" and "IB" and by this reference made a part hereof (the nRoadway"). SECTION THREE. Reservation of a Non-Exclusive utility Easement. The ci ty of Ocoee hereby reserves a non-excl usi ve utility easement in, over, under and/or upon the North twenty feet (20') of the Roadway in connection with any utilities which may now or hereafter be located in, over, under and/ or upon the North twenty feet (20') of the Roadway; provided, further, that the reserved non-exclusive utility easement shall also reserve a non- exclusive right of ingress and egress to and from the North twenty feet (20') of the Roadway for the purpose of maintaining any utilities which may now or hereafter be located in, over, under and/or upon the North twenty feet (20') of 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 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 SIX. Effective Date. This Resol ution shall become effective immediately upon passage and adoption. 5 . . PASSED AND ADOPTED this ~ rh day of 16-l.6-MI?J6-( , 1994. ATTEST: Clerk (SEAL) FOLEY RELIANCE ONLY BY OCOEE, FLORIDA TO FORM ~y day of / 1994. T)c(~~ & LARDNER ~ FOR USE AND THE CITY OF APPROVE~ AS this t'/ /) 1.'\ ({iJ-f /~y-#iI By: Paul E. Rosenthal, City Attorney 6 APPROVED: CITY OF OCOEE, FLORIDA ~, S......'...-.. . ;r'" >). .~..t-,( S. Scott Vandergrift, ADVERTISED November 25 , 1994 READ FIRST rIME AND ADOPTED ~lb-M ~ iJ;> , 1994, UNDER AGENDA ITEM NO. VI ~ ~ ~-<. +<t, ':J<t, 0+ <t,"/ -<.' ~ ~" ,-<. <t, ~ -<.," <t,':J ~ ~ ,CJ ~" ~~ . ",0 SOUTHWEST CORNER OF ROSE HILL EAST LINE OF TRACT 17, ORLANDO GROVES ASSOCIATION LAKE LOTTA GROVES ORLANDO GROVES ASSOCIATION LAKE LOTTA GROVES PLAT BOOK E, PAGE 52 TRACT 17 LAKE NORMAL HIGH WATER CONTOUR LINE 87.00 N.G.V.D. 25_0' EXHIBIT "l-A" ROSE HILL PLAT BOOK 13, I I PAGES 128 & 129 I S89-40'24" E I ~O.OO' "--'NORTH LINE OF GOOD HOMES PLAZA. A REPLAT POINT OF BEGINNING NORTHWEST CORNER OF GOOD HOMES PLAZA, A REPLAT ~ PER PLAT WEST LINE OF GOOD HOMES PLAZA, A REPLAT . ~ ........ n:: oW' wI- ~O <:Z Zw Zw ~~ Co to N '" 10 ~ \t P') 'Ot P') b o z GOOD HOMES 3: PLAZA, A REPLAT ~ PLAT BOOK 27, ~ PAGE 107 'Ot I") Y8 WEST LINE OF THE en SOUTHWEST 1/4 OF SECTION 22, TOWNSHIP 22 SOUTH. RANGE 28 EAST INTERSECTION OF THE NORMAL HIGH WATER CONTOUR LINE & THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 22, TOWNSHIP 22 SOUTH, RANGE 28 EAST NOTE: 1.) 25' UNNAMED R/W AS SHOWN ON ROSE HILL GROVES AS RECORDED IN PLAT BOOK H, PAGE 146 AND GOOD HOMES PLAZA, A REPLAT AS RECORDED IN PLAT BOOK 27, PAGE 107 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. 15' UNNAMED R/W AS SHOWN ON ORLANDO GROVES ASSOCIATION LAKE LOTTA GROVES, PLAT BOOK E, PAGE 52_ 3.) THAT 87.00 CONTOUR LINE REFERENCED TO IN THIS LEGAL DESCRIPTION WAS LOCATED IN THE FIELD 11/5/91. 4.) N.G.Y.D. = NATIONAL GEODEDIC VERTICAL DATUM \ S79.48'28"W 25.45. 2.) I hereby certify thot the legol description on this mop wos mode under my direction on the dote shown based on the informotion furnished to me os noted and conforms to the MINIMUM TECH- NICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA in occordance with CH. 21 HH-6, Florida Administrative Code. SHEET 2 OF 2 FOR LEGAL DESCRIPTION CERTIFIED TO Lake Lotta, Ltd. 44463001 44463-002) Date, Aug. 16, 1993 JV ~ Job N..I': Sca.le tIf!it-"a;a , -" 44403-001 1" - 5 0' ," ----7' .,......~ - - 'IJrl!M,ng , -::::. '1IIIl~\ SOUTHEASTERN SURVEYING &. MAPPING CORP. 925 S. Semoran Blvd.. SUite 112 nter Park. Flonda 32792 407/678-8729 CH. 21HH-6, Florida Administrative Code, requires that Q teoo1 descrip- tion drowlno bear the nototion that THIS IS NOT A SURVEY. SHEET 1 OF 2 Revised: ~ EXHIBIT "l-B" LEGAL DESCRIPTION WRITTEN BY SURVEYOR: All that port of that 15.00 foot unnamed Righl-of-Way lying East of Tract 17, Orlando Groves Association Lake Lotto Groves as recarded in Plat Book E. Page 52. of the Public Records of Orange County, Florida, and North of the normal high water contour line of Lake Lotto. being on elevotion of 87.00 N.G.V.D.. and west of the West line of the Southwest 1/4 of Section 22. Township 22 South, Range 28 East. Orange County, Florida and south of the North line of the Westerly prolongotion of the North line of Good Homes Plaza. A Replat. as recorded in Plat Book 27. Page 107. Public Records of Orange County. Florida ond that port of thai 25.00 foot unnamed Right-of-Way lying between the aforementioned West line of the Southwest 1/4 of Section 22, and the West line of aforementioned Good Homes Plaza. A Replot. South of the Westerly prolongation of the North line of said Good Homes Plaza, A Replot. ond North of aforementioned normal high water contour line af Loke Lotto. Being more particulorly described os: Beginning at the Northwest corner of Good Homes Plaza. A Replot. os recorded in Pial Book 27. Poge , 07 of the Public Records of Orange County, Florida, thence South 00'34'34" West 572_66 feel along the West line of said Good Homes Plaza. A Replat to 0 point being 25.00 feet Easterly of the point of intersection of the West line of the Southwest 1/4 of Section 22. Township 22 South. Range 28 East. Orange County. Florida and the normal high water contour line of Lake Lollo being on elevation of 87.00 N.G.V.D., thence South 79"48'28" West 25.45 feet to said point of intersection: thence North 20"57'37' West 40.86 feet along the of or mentioned normal high water line to 0 point of intersection with the East line of Tract 17, Orlando Groves Association Lake Lollo Groves, as recorded in Plot Book E, Poge 52, of the Public Records of Orange County. Florida: thence North OCT 34 '.34" Ecst 539.23 feet along said East line to an intersection with the Westerly prolongation of the North line af aforementioned Good Homes Plaza, A Replot; thence South 89"40'24" Eost 40.00 feet along said Westerly prolongation of the North line of Good Homes Plaza. A Replot, to the Northwest corner of said Good Homes Plaza. A Replat being the Point or Beginning. Containing 0.52 ocres, more or less. SUBJECT TO A 20. UTILITY EASEMENT ACROSS THE NORTHERLY PORTION THEREON HEREIN RESERVED TO THE PUBLIC j- iiiitfi~~' ~-~ --- ---.--. ~ fIlJJl~nll .:s- f I \ SOUTHEASTERN SURVEYING 4- MAPPING CORP. 9Z5 S. SEMORAN IlLVD.. SUITE 112 WINTER PARI\. FLORIDA 32792 j DRAWING NO 44463-002 OATLAuc 16. 199J J\