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Home My WebLink AboutResolution 93-13 RESOLUTION NO. 93-13 . A RESOLUTION OF THE CITY OF OcOEE, FLORIDA ABANDONING AND VACATING A PORTION OF THE CERTAIN DRAINAGE DITCH EASEMENT AS SET FORTH IN THE DITCH EASEMENT AGREEMENT BETWEEN ROPER BROS., INC. AND THE CITY OF OcOEE, DATED JULY 2, 1975, AND RECORDED IN OFFICIAL RECORDS BOOK 2652, PAGES 643 TO 645, INCLUSIVE, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN A SKETCH OF DESCRIPTION OF EASEMENT VACATION PREPARED BY DEYOUNG ENGINEERS, INC., DATED HAY 22, 1992; 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 a certain drainage ditch easement as set forth in the Ditch Easement Agreement between Roper Bros., Inc. and the City of Ocoee, dated July 2, 1975, and recorded in Official Records Book 2652, Pages 643 to 645, inClusive, of the Public Records of Orange county, Florida, as more particularly described in a Sketch of Description of Easement Vacation prepared by DeYoung Engineers, Inc., dated May 22, 1992, a copy of which is attached hereto as Exhibit "A" and by this reference made a part hereof (the "Easement") in order to allow for the relocation of the Easement and connection to adjacent parcels; and WHEREAS, pursuant to Article II of Chapter 153 of the Code of the City of Ocoee, an application has been filed by Florida Auto Auction of Orlando, Inc. (the "Applicant") to abandon and vacate the Easement; 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 Applicant owns simple fee title to the land upon which the Easement is located and the Easement is 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 Easement and all owners of 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 Hearings 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 land upon which the Easement is located; and WHEREAS, no person or persons have appeared in opposition to the granting of such application; 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 not inconsistent with the City of Ocoee's Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF . THE CITY OF OcOEE, FLORIDA, AS FOLLOWS: 2 SECTION ONE. Authori tv. 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. SECTION TWO. Abandonment and Vacation of Drainaqe Ditch Easement. The City commission of the City of Ocoee, Florida, hereby abandons and vacates a portion of a certain drainage ditch easement as set forth in the Ditch Easement Agreement between Roper Bros., Inc. and the City of Ocoee, dated July 2, 1975, and recorded in Official Records Book 2652, Pages 643 to 645, inclusive, of the Public Records of Orange County, Florida, as more particularly described in a Sketch of Description of Easement Vacation prepared by DeYoung Engineers, Inc., dated May 22, 1992, a copy of which is attached hereto as Exhibit "A" and by this reference made a part hereof (the "Easement") and renounces any rights to the Easement. SECTION THREE. 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 FOUR. Severabilitv. If any section, subsection, sentence, clause, phrase or portion of this Ordinance 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 FIVE. Effective Date. This Resolution shall become effective immediately upon passage and adoption. 3 . . ATTEST: Je PASSED AND ADOPTED this ~J~ day of JOI1f.~ , 1993. , Clerk (SEAL) APPROVED: CITY OF OcOEE, FLORIDA I "J FOR USE AND RELIANCE ONLY BY THE CITY OF OcOEE, FLORIDA APPRovAq \..\S TO FORM.~j.GALITY this ~day of , 1~ 1993. FOLEY , ADVERTISED 9-10-93. APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON THE ABOVE DATE UNDER AGENDA ITEM NO. V A. By: L~ER T1~(~ City Attorney C:\WP51 IDOCS\F ADMIN\0030F 19f21193118S0091 DPB:lal(3) 4 . I ~ '" . r- KGI' I '- 1 I '( Lir- LI',.,Ut:.t:. I!XHI BIT · A.- Ie..; r- Ui-t:. I "" ...r'1Kl.Il 't:.K r.w,- SEP-20-19~J l~;~~ ~N- I",. 200' Sectlan ..L . TOWMtllp -!!.- ., Ran9' ~ W1tIR5 P.O-C. = "".1 ~ 1IlO.I. · Point of hql..... Sl(,,~ . ,&eell_ COR. . Cotatr ~-' Saa1,o'.,:--.... ~ ~.~' . ~ ~-.J~' ~'( ~' ~l~ ~ il:U; ~ l~ ~ ~ ~ ~ '~ :t . ~ lu..."l: VacaUon ('1'0. ZU_IHnt in 0.1, Boak' 26S2. ,.... 6U-6U) .Fro. t.he "ort.It"..t I:otller ot tJ~ tlo..th...e on"''lucart.r or tlte So_th..t oft.-qlla,t.C' of 5"'10n 11. Town.b1p 82 South, RanI. 28 b.t, 01''''''9 CJuUllt,. rlorhJa, t...,.I"8. lIor-Ua 11"12421- 'e.t ..1.". 'b. Itortlt 11,.. ot ..1e. "o&,t.tte..t oo.-q....l:et ot I;b. Soathw..t Ofte-'111artu iliad Uae c..e.rl1l1' of .Storl lload, lIB.Va r..t.:} tllWlCll South 00"11' II" Jut, 53S,W te.w.J tlltnae lout.. 8,'la'27- Ifoat. 190.00 t..t to tI.. "e.~ U... vf the alor..aid ..ortl....1: on.-qgartu ot t'" lenltb"..1: ooe-q\&&rt.e&",'theDce S01Itla 00'11'11" 1.10, 70.0S r.e' ala., _ld W..I: 111&. to t.be POINT 0' qm""l~j th.nce Mortb "'la'Z'" C..t. 1...11.. ...r.. "'..t U.... 70,0. C..tr tkClC:. SOlatia OO.U'za" kat, 1i61.1" r.ol:l tllenee Mort" .'.n'u" ...t, .1. au, l' te.tr th.na. Korth .. .sa' 30" 'ut, ZU, tt C..t J th....~. louth 00'",,; U" lat, 70.oo-'1'..t to t.h", 9f)Qtb 11.. .t tll. Morthw.... 'one-quarter or tltct aCor...ld Boutb.ul: QlIe-Cl\tart.. ~r lIeCltl~ II. Town.bl,. 13 South, Ru._ as IMtr tl~"c' South'II.'U'3O" lut, aloo. ..iel louUt liD', ~4I.13 rtet to tl... 8outhOll.t corlMPl' .t Il... ltonh...t O"'-'1-n.r or t.h" 80.,l;h....1: olio-quart... or tbe .Cor.sale' 'eaUolt I', To".hlp U S01Ith, lonC. 1I rut al.. bel... ttae 8out....t !:Om.,. or ta Ilon..ld Itorthtt..t one-41uarter of the Southeaat o",",".rtu 01 0"0\1.". Jt, ~bl. II 30U CII , Ikq. 28 '.-t, tla.nae Solltb ...,,41.- W..t, aloll' tile Soatll lin. 01 tll. .core.lUd Iforth...t' OM-qUrt... of Uae Soutlt".., one- quarter or Section It; Town.lIl, U Ioutll, RaI... lllut. ..J..jU:S.11 r...t. to tb.,loUtb."., corner ot the 10I'tlt...t one-~rter or tM 8ollthw..1: ollt-quarter or t.M aald hotIeR U, Townlhlp 22 South, RN',. 28 rutl th.no. .ort~ OO.lg'32~ W"t, alon, tl~ V.,t I1n. or .lore..id lful'l.lae_t Oft...qua&'~r Of tlI. Soutb1l..1: oll~"a&'t'C'1 S3Z.0:ll'..t to tl.. JlUUIT OF SIal/nUIU, Cont.lall1.3..cn acre. .,D.l, , ;V~ C'tW':' Al8H} S'/t/If, ~ ~'.n-~I . "" I hereby nrUf., thof, to 'h. ba.t of my knOllfltdte ond bell", the ,kllch rtpr...n1t4 h.reon m..t. tM requirlll1.nts of Chapter el hh-e. "'vrhSa AOmlniSlrotlve Code. CURT'S II. OeYOUNG Re91.t.rsd Land Sun'Jor Florido Number 2S73 ' .s'K.-n-# " D#St"h""n,U ~A$'M~".vr VA~"'4N ~a"'...,.,.1D IV I (,,,, 44'.4... ' D~OUNG ENGNEER8, fl~ !tfGtN!!RS .. SURVEYOR8 tOZ Nwlll 1M"" "* c"."..,. notI.. 1..125 D! S/GIEO """ OAtI. Af,t(i~1. Hit OAAWH ICAU' /..,.,. 4i>11RO\1m ~. HO.' I- I LEGEND: P.O.C. P.O.B. C. R. ~ ~f' ~~ ~~ ~\j ~. ';:)~~ ~ -').. C\. "~~ ~ '-l~~ ~ ~~~ ~~ ~ ~~~ ~ EXHIBIT A Section /9 ,Township .22 , Range 2t!> . 1"= : Pointof Commencement Point of Beginning Section Corner Easement Vacation (From Easement in O. R. Book 265.2, Pages h':':3-f)4J) From the Northwest corner of the Northeast one-quarter of the Southwest one-quarter of Section 19, Township 22 South, Ran/o(e 28 Eus!., Orlln/(e County, Florida, Lrnve['se North 88.12' 27" East along the North line of said Northeast one-quarter of the Southwest one-quarter and the centerline of Story Road, 198.00 feet; thence South 00.19'22" East, 635.00. feet; thence South 88.12'27" West, 198.00 feet to the West 1 ine of the aforesaid Northeast one-qua['ter of the Southwest one-quarter; thence South 00.19' 22" East, 70.03 feet along sa id Wes t li ne to the POI NT OF BEG! NN I NG; thence North 88.12'27" East, leaving aaid West line, 70.02 feet; thence South 00.19'22" East, 562.86 feet; thence North 88'53'14" East, 1,242.78 feet; thence North 88.52':10" East, 242.49 feet; thence South 00.14'11" East, 70.00 feet to the South line of the Northwest one-quarter of the aforesaid Southeast one-quarter of Section 19, Township 22 South, Range 28 East; thence South 88.52'30" West, along said South line, 242.53 feet to the Southeast corner of the Northeast one-quarter of the Southwest one-quarter of the aforesaid Section 19, Township 22 South, Range 28 East also being the Southwest corner of the aforesaid Northwest one-quarter of the Southeast one-quarter of Section 19, Townsh i p 22 Sou th, Range 28 Eas t; thence South 88.53'14" WesL, along the South line of the aforesaid Northeast one-quarter of the Southwest one- quarter of Section 19, Township 22 South, Range 28 East, 1,313.25 feet to the SOllthwf'st corner of' the Northeast one-quarter of the Southwest one-quarter of the said Section 19, Townsh i p 22 Sou th, Range 28 ERS t; thence North 00.19'22" West, along the West line of aforesaid Northeast one-quarter of the Southwest one-quarter, 632.03 feet to the POINT OF BEGINNING. Containing 3.403 acres m.o.!. ~oo' ~ ~, N~ ~~ ~t\ ~ ,~, ,~~ .~~ ~" l:r) ~~.(?~~2NJI/ SoC)'/92r"L. ~~ 7CJ. CJ.3 ' . A/tJR/HK/EST caR A/E ~ J SJf/}V, SeC. /9-22-28 W€Gr o~E aF A/E}{" 'f!71VY-I) '7cC- /f-22-ZS hereby certify that, to the best of my knowledge and belief, the sketch represented hereon meets the requirements of Chapter 21 hh-6, Florida Administrative $~~~//~ 70.0t:> ' ~ ~i~ ~lut\i ~~":i ~~~ ~~~~ ~~~~ ~ ';iO"~ ~ ~ ~ \j' ~~~~ ~~~\ij '~;:t: ~\i~~ ~~~~ ~V) ~ <::s . ~L ~ li() \:i~V)~~ ~ ~~I V)~~~~ ~~,,~ I i:t:~ "- R(,)~~' ~~~~~ ~ ~ ~11) ~ ~lI) ~~ ~~~ "Ii) I -.l ()o.. ~ ....... ).;;~ ~ ''- . Sl~~ II)~V) 9K~C# (7r P~SCR/PT/t?A/ EASE/HEA// I/ACAr/d,(/ PLAN PREPARED BY , (813) 447-4822 DeYOUNG ENGINEERS, Inc. ENGINEERS - SURVEYORS 802 North Belcher Rood Clearwater, Florida 34625 DESIGNED ,,4'j'/f' f$-?2 DATE: MAY 22; /~92 DRAWN ..II.: ~ 6"-'2 SCALE: /';. 2~CJ " APPROVED f;.,2... DWG. NO: