HomeMy WebLinkAboutOrdinance 89-04
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33653610RANGE co. FL.
01:57:00PM 10/18/89
OR 4 I 2 4 PG 3 93 8
ORDINANCE NO. 89- 04
AN ORDINANCE OP THE CITY OP OCOEE,
FLORIDA, VACATING, CLOSING AND
ABANDONING AS A PUBLIC RIGHT-OP-WAY,
STREET OR WAY, A PORTION OP OAKLAND
AVENUE LOCATED IN THE CITY OF OCOEE;
PROVIDING POR SEVERABILITY, CONFLICTS
AND AN EFFECTIVE DATE.
WHEREAS, there is certain land commonly referred to as
Oakland Avenue that is located in the City of Ocoee and that has
heretofore been dedicated to the City of Ocoee for right-of-way
purposes; and
WHEREAS, the City of Ocoee has determined that a portion
of Oakland Avenue as hereinafter described is no longer useful or
needed as a public right-of-way, street or way and that it is in
the public interest that said portion of Oakland Avenue be vacated,
closed and abandoned as a public right-of-way, street or way and
be released and discharged of any and all right, use, title, and
interest of the City of Ocoee as a public right-of-way, street or
way, except as hereinafter provided; and
WHEREAS, the City Commission of the City of Ocoee has
authority to adopt this Ordinance pursuant to Chapter 166
of the Florida statutes.
NOW THEREPORE, be it enacted by the City commission of
the city of Ocoee, Florida as follows:
SECTION 1. A portion of Oakland Avenue as described in
Exhibit NAN attached hereto and incorporated herein by reference
(the NPropertyN) is hereby vacated, closed and abandoned as a
public right-of-way, street or way, and the Property is hereby
released and discharged of any and all right, use, title and
interest of the City of Ocoee as a public right-of-way, street or
way. The Property shall revert in accordance with the laws of
the state of Florida, except and subject to any easements of
record for purposes other than right-of-way or street purposes
and any rights of the City of Ocoee to utilize the Property for
drainage, retention pond and other purposes relating thereto.
SECTION 2. The Mayor and City Clerk of the City of
Ocoee are hereby authorized and directed to execute such
instruments as may be necessary to evidence that the Property
has been vacated, closed and abandoned by the City of Ocoee.
SECTION 3. 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 pro-
vision and such holding shall not affect the validity of the re-
maining portion hereto.
SECTION 4. All ordinances and charter provisions, or
parts of ordinances and charter provisions in conflict herewith
are hereby repealed.
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SECTION 5. This Ordinance shall take effect immediately
upon its final passage and adoption.
PASSED AND ADOPTED this ~ day of --!ftlL
, 1989.
ADVERTISED March 23. 1989 , 1989.
READ FIRST TIME Mnrr.h?1 1 qRB 1989.
READ SECOND TIME AND ADOPTED
April 4, 1989 , 1989
APPROVED:
CITY OF OCOEE, FLORIDA
By:
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Thomas R. Ison, Mayor
Attest:
Clerk, .
For use and reliance only
by the City of Ocoee, Florida
Appro~~~as to fO~n~~ legality
this #= day of ..1Jffu--, 1989.
(SEAL)
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FOLEY , LARDNER, VAB DEN BERG,
GAY~ iF'iI?)'- ',~r.J-
By: '"if;J) b~
City Attorney
01-5156(02/23/89)
GNTMV1/5156B(4)
OR4124 FG3 939
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EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION Of OAKLAND AVENUE, AS SHOWN IN "R.M. SIMS" SUB-
DIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
"F", PAGE 126, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA,
MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BOUNDED ON THE NORTH BY THE NORTH RIGHT-Of-WAY LINE OF
SAID OAKLAND AVENUE; BOUNDED ON THE EAST BY THE SOUTHERLY
PROJECTION Of THE EAST LINE Of LOT 24 Of SAID "R.M. SIMS"
SUBDIVISION; BOUNDED ON THE SOUTH BY THE NORTH LINE OF
AVENUEORIGINAL LOT 5 Of SAID "R. M. SIMS" SUBDIVISION; BOUNDED
ON THE WEST BY THE NORTHERLY PROJECTION OF THE WEST LINE
OF SAID ORIGINAL LOT 5.
THE ABOVE DESCRIBED PARCEL OF LAND LIES IN ORANGE COUNTY, FLORIDA
AND CONTAINS 0.41 ACRES, MORE OR LESS.
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