HomeMy WebLinkAboutOrdinance 89-17
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33082.1_40RtINGf: CO. FL.
12:36:G0PM 98/01/89
ORDINANCE NO. 89-17
OR 4 I 0 2 PG 0 2 9 5
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
VACATING, CLOSING AND ABANDONING AS A PUBLIC
RIGHT-OF-WAY, STREET OR WAY, A PORTION OF
CUMBERLAND AVENUE LOCATED IN THE CITY OF
OCOEE; PROVIDING FOR SEVERABILITY, CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE CONTINGENT
UPON THE ISSUANCE OF A BUILDING PERMIT FOR
TRICOR SHOPPING CENTER.
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WHEREAS, K. AND H. Investment, a Florida General
Partnership, has petitioned the city Commission of the City of
Ocoee to vacate that portion of Cumberland Avenue lying between
Franklin Street and Silver Star Road; and
WHEREAS, Petitioner owns in fee simple the land along
both sides of Cumberland Avenue described by this Ordinance; and
WHEREAS, Petitioner has submitted development plans to
the City of Ocoee to construct a shopping center (to wit, Tricor
Shopping Center) on the two parcels of land that are presently
divided by Cumberland Avenue and which makes safe and economical
commercial use of either parcel unfeasible; and
WHEREAS, said vacation of a portion of Cumberland Avenue
is consistent with the 1979 City of Ocoee Comprehensive Plan; and
WHEREAS, the City of Ocoee has determined that a portion
of Cumberland 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 Tricor Shopping Center be constructed
and that said portion of Cumberland 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; 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 THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, as follows:
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SECTION 1. A portion of Cumberland Avenue located
between Franklin Street and Silver Star Road, as more particularly
described in Exhibit "A" attached hereto and incorporated herein
by reference (the "Property") 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, subject to any easements of record for
purposes other than right-of-way or street purposes.
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
provision and such holding shall not affect the validity of the
remaining portion hereto.
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Int Tax $
Total $
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MARTHA o. HAYNIE.
Orange County
Comptroller J L
By (? /I -
Deputy Clerk
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SECTION 4. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 5. This Ordinance shall take effect upon issuance
by the City of Ocoee of a building permit for the construction of
"Tricor Shopping Center", which is being processed as City
Development Review Project Number 80; provided, however, that in
the event for any reason whatsoever said building permit is not
issued on or before December 31, 1989, then this Ordinance shall
be null and void and of no force and effect.
PASSED AND ADOPTED this s~ day of
.4tlLY
, 1989.
ADVERTISED
READ FIRST TIME
READ SECOND TIME
, 1989.
1989.
June 22
June 20
AND ADOPTED
.JU (.'1 C
1989.
APPROVED:
CITY OF OCOEE, FLORIDA
By:
~LR- M
Thomas R. Ison, Mayor
Attest:
J
( SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,
APPROVED AS TO FORM AND LEGALITY:
THIS ~\\ day of ~ ' 1989
FOLEY & LAR~ER,' VAN DEN BERG,
GAY, BURKE, WILSON & ARKIN
Be ~~~~~
ci y Attorney
OR 4 I 0 2 PG 0 2 9 6
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EXHIBIT "A"
Description for Vacation of CUMBERLAND AVENUE
That part of Cumberland Avenue lying between Lot 2 Block 2 TOWN
OF OCOEE as recorded in Plat Book "A" pages 100 and 101 of the
Public Records of Orange County, Florida and Lots 1 through 8
H.K. CLARKES SUBDIVISION as recorded in Plat Book "A" page 118
of the Public Records of Orange County, Florida.
More particularly described as follows:
Begin at the Southwest corner of Lot 2 said
TOWN OF OCOEE and run S88039'30"W, on a
projection of the South line of said Lot 2,
a distance of 60.03 feet, thence N00033'59"E
422.64 feet, thence N88039'30"E 60.03 feet,
thence S00033'59"W along the West line of
said Lot 2, a distance of 422.64 feet to the
Point of Beginning.
Containing 0.582 acres, more or less.
OR 4 I 0 2 PG 0 2 9 7
01-4758(06/20/89)
GNTMV1/4758G(2)
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