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Home My WebLink About2009-007 Vacating ROW for Unnamed Road between Jacob Nathan Blvd and Clarke Rd THIS INSTRUMENT PREPARED BY: Dorothy E. Watson, Esq. FOLEY & LARDNER LLP 111 North Orange Avenue, Suite 1800 Orlando, FL 32801-2386 (407) 423-7656 DOC a 20090733614 B: 9978 P: 0118 12/18/2009 09:18:09 AM Page 1 of 7 Ree Fee: $61.00 Doe Type: GOVR Martha O. Haynie, Comptroller Orange CountY6 FL MB - Ret To: COEE IIII ~~~rrr~ ~~~~\ m~11111 AFTER RECORDING RETURN TO: Beth Eikenberry, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 (407) 905-3100 For Recording Purposes Only RESOLUTION NO. 2009-007 (Vacation of Right of Way Resolution for Unnamed Road) A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND V ACA TING THAT PORTION OF THAT CERTAIN UNNAMED FIFTEEN (15) FOOT WIDE UNIMPROVED PUBLIC RIGHT OF WAY, LYING BETWEEN THE EASTERLY RIGHT OF WAY LINE OF JACOB NATHAN BOULEVARD AND THE WESTERLY RIGHT OF WAY LINE OF CLARKE ROAD AS DEPICTED ON THE PLAT OF LAKE LOTTA GROVES, PLAT BOOK E, PAGE 52 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, SAID RIGHT OF WAY LYING AND BEING IN SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; PROVIDING FOR THE RESERVATION OF A PUBLIC UTILITY EASEMENT; 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 portion of that certain unnamed fifteen (15) foot wide unimproved public right of way, lying between the easterly right of way line of Jacob Nathan Boulevard and the westerly right of way line of Clarke Road as depicted on the Plat of Lake Lotta Groves, Plat Book E, Page 52 of the Public Records of Orange County, Florida, said right of way lying and being in Section 21, Township 22 South, Range 28 East, Orange County, Florida, a legal description of such right of ORLA_1224627.1 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 northern fifteen (15) feet of said unnamed right of way was previously replatted as part of Lot 1 of Goodman Centre pursuant to the plat thereof as recorded on December 14,2005 in Plat Book 64, Page 7 of the Official Records of Orange County, Florida. WHEREAS, the City Commission of the City of Ocoee desires to reserve a public utility easement over, under and/or upon the Roadway in connection with existing or future utility facilities as well as the right of ingress and egress in, over, under and/or upon a portion of the Roadway for the purpose of maintaining said utilities and any other utilities that may now or hereafter be located in, over, under and/or upon the Roadway; and WHEREAS, the applicant has complied with the provisions of Section 153-10 of the Code of the City of Ocoee regarding the provision of certain information in connection with the application; and 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 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 A-2 ORLA_1224627.1 WHEREAS, pursuant to Section 153-(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 Roadway; and WHEREAS, the City Commission of the City of Ocoee fmds 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 1. 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 and Chapter 166, Florida Statutes, and Article II of Chapter 153 of the Code of the City of Ocoee. SECTION 2. Abandonment and Vacation of the Roadwav. Subject to the provision of Section 3 set forth below, the City Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to the Roadway. SECTION 3. Reservation of Public Utility Easement. The City of Ocoee hereby reserves a public utility easement over, under and/or upon the Roadway, being fifteen (15) feet in width, in connection with any existing or future utility extensions that may be located in the Roadway and any other utilities that may now or hereafter be located in, over under and/or upon the Roadway; provided, further, that the reserved utility easement shall also reserve unto the City and public utility companies, including their successors and assigns, the right of ingress and A-3 ORLA_1224627.1 egress to and from the Roadway for the purpose of maintaining said utilities and any other utilities that may now or hereafter be located in, over, under and/or upon the Roadway. SECTION 4. 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 5. Severabilitv. 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 6. Effective Date. This Resolution shall become effective upon passage and adoption. PASSED AND ADOPTED this J st day of ~2009. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA st:Jr (SEAL) ADVERTISED N Ovun~r t c, ,2009 READ FIRST TIME AND ADOPTED ~ C if iA"f\ bu'" (7 , ' 2009 UNDER AGENDA ITEM NO. ~ 0 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED ArJ.O F~ AND LEGALITY this L day of. ~ t.M , 2009. A-4 ORLA_1224627.1 FOLEY & pLLP tt By: U City Attorney ORLA_1224627.1 A-5 EXHIBIT" A" (The "Roadwav") DESCRIPnON: A POR110N SEC110N 21, TOWNSHIP 22 SOUlH, RANGE 28 EAST, ORANGE COUNl'Y, FLORIDA, BBNG MORE PAR1lCULARL Y DESCRIBED AS FotlOWS: COMtJENCING AT THE SOUTHWEST CORNER OF SEC110N 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA: THENCE ALONG "!HE SOUTH UNE r:1i THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 21 NORlH 89.48'17" EAST. A DISTANCE OF 1323.70 FEET TO THE SOUlHERL Y PROLONGA11ON OF lHE EAST RIGHT OF WAY OF JACOB NAlHAN BOULEVARD; lHENCE ALONG SAID PROLONGA11ON AND ALONG EAST RIGHT OF WAY OF JACOB NATHAN BOULEVARD NORTH ooi1'09" WEST, A DISTANCE OF 646.96 FEET TO THE POINT OF BEGINNING; 1HENCE CONllNUE ALONG SAID EAST RIGHT OF WAY NORlH 00'11.09" WEST, A DISTANCE OF 15.00 FEET TO A POINT ON lHE SOUTH UNE OF LOT 1, GOODMAN CENTRE, PLAT 13001< 64. PAGES 7&8; THENCE DEPARTING SAID EAST RIGHT OF WAY AND ALONG SAID SOUlH LOT LINE OF LOT 1, NORTH 89.50'23. EAST, A DISTANCE OF 248.28 FEET TO A POINT ON lHE WEST RIGHT OF WAY OF CLARKE ROAD: 1HENCE SOUTH 00i3'45. EAST ALONG SAID 'WEST RIGHT OF WAY A DISTANCE OF 15.00 FEET; THENCE DEPAR11NG SAID WEST RIGHT OF WAY AND ALONG NORTH LINE OF TRACT 8, ORLANDO GRO\t:S ASSOCIATION, LAKE LOTTA GROVES PLAT BOOK E. PAGE 52 RUN SOU1H 89'50'23. WEST, A DISTANCE OF 248.31 FEET TO 1HE POINT OF BEGINNING CONTAINING 3.724 SQUARE FEET MORE OR LESS. In accordance with CH.-61G17-6 af the FlorIda Administrative Code. this Description and Sketch of Description bears the notation: THIS IS NOT A SURVEY. BEAIlINIlS SHOIlN HEREON AIlE BASED ON 1HE NORllI UNE OF tRACT 8, AS BEING S 1I9'!iD'23" W, ASSWSl. I\9M SHEET 1 OF' 2 SEE SHEET 2 OF 2 FOR 9<ETCH \. '!HE SUR\-l:Y(lIl I:IAS MOJ' ~S1R,\CTBl 1HE I.ANO SH~' ~ ~E>>I'.HTS. RIGHT OF WAY, . IS OF' REC(l!!D ~1CIt IotA Y ~grlil~~~~E=1EO. 3. MOT V~ .W1lH01lT .lIE. SiONAlURE ANO 1lIE ;)RIGINAL ftAIS!I) SEAL OF A FI.ORIIIA UCEN&E!l sutl\iE'/lIR AND "APPER. ~lHISl.,o~ ~= ~2 PAGES NOT SKETCH OF DESCRIPTION OF 15" RIGHT OF' ORA Y alUNDO GRO't!S ASSOCIA 11CIN. LAKE LOTTA GROVESaORANGE COUMTt: FLORlIlA SECllON 21-22-28 DAlE: D-~ RElllSEIl: SCA' J'. HI}.. API'ROI/rn BY: OW DRAM! BY: GIll' JOB NO. 8092202.d"D AMERIC.A.N SURVEYING & MAPPING INC. C%1111FlCA11GII f1f AII_1ICN IIUlIBER LBIB313 10J0 N. C'JtI..NI)D A.VE. sutTE 8 wnERP-.F1.llRIlA _ (~ 428-78,. _~G.CCM P_/uilz~ DAVID tot. DeflUPL'O ~38 DATE: 1.L>}f- .25" ?~ A-I ORLA_1224627.1 SKETCH OF DESCRIPTION: >- ~ ~ 0: OCDg~ ~~~.~ ~ ~ m ~ F'OUND 4")(4" CIA ..6t~ 98 92 51%1 Sill Fod ~~...~ 8- ARC 1/2" i!: ~ ~ z LBjI6393 <l!! zH ~ " < .., I >-1 ~- ~I~ 51 il'~ ~ I~ I~ ~N89'48'17"E 1323.70' J SiiUiH LiNf: OF lHESW V4 or SECtiON 21-22-28 POINT or COMMEIlCEl.lENT F'OOND NAIL ok OISIC La iI2BS6 51' CORNEll OF SECl10N 21-22-28 ~ ~ LOT 1 GOCDWAN a:NlRE PI.A T BOOK 64. PAGES 7&8 N89"50';z3"E 50U1H UNE OF LO'T 1 I I FOUND 4.X4. >- >- 248.28' CIA LS 1552 W ~ ~ ~ N. D.5. E. 0.7 ~. 015 C> NOT IMPROIIED . g D:: t:: tr: IS' RIGHT or W1.Y :2.0 bJ <3 ~ FIle 1/2. g - 3!!i~ ~ 248.3" L.IIf6.'s93 III ~~:l Ii 0 II!; Ii :i I ASM SHEET2CF2 SEE SHEET 1 or 2 f'DR DESCRJPnON DATE: ~25-08 RE\lSED: SCAI J:'. 1. - 5fJ APPROVED BY: DIoID I DRAWN BY: CHI' 100' JOB NO. 1lOi2202.d"9 o l' = 50' GRAPHIC SCALE 25' 50' ORLA_1224627.1 UNNAMED ROAD 589.50'23.W '!RAeT 8. ORtANDO GROVES ASSOCl1.11ON, LAKE LOTTA GROVES Pl.AT BOOK Eo PAGE 52 I.E:llElln "'-- f1ItC I'aID _leD. CN" .. .......- .. -- PSM ~__.IW'PEJI A-2 AIVIER.ICA.N SURVEYING & MAPPING INC. CfR1IF1CA nON Of' AIJ1HORIZA lION NUlIllER L815JS3 .O.lll N. ORLANDO All<, SUITE B 'MN1EIt PARk. fl.CJAJDA 32781 (407) 42&-7879 _.AIlfIlI(:ANSlR\lING_CllU