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Home My WebLink About2009-008 Vacating ROW for Cumberland Avenue THIS INSTRUMENT PREPARED BY: Dorothy E. Watson, Esq. FOLEY & LARDNER LLP III North Orange Avenue, Suite 1800 Orlando, FL 32801-2386 (407) 423-7656 DOC a 20100025169 B: 9987 P: 4243 01/13/2010 11:11:00 AM Page 1 of 8 Ree Fee: $69.50 Martha O. Haynie, Comptroller Orange County~ FL MB - Ret To: uCOEE AFTER RECORDING RETURN TO: IIII rl:m!lMt~I~11111 Beth Eikenberry, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 (407) 905-3100 - ---e - -~ r "'...-... - ...,} RESOLUTION NO. 2009-008 (Disclaimer ofInterest in Right of Way Resolution for Cumberland Avenue) A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, DISCLAIMING ANY INTEREST THE CITY MAY HAVE IN THAT PORTION OF CUMBERLAND AVENUE, A SIXTY (60) FOOT WIDE UNIMPROVED PUBLIC RIGHT OF WAY, LYING BETWEEN GENEVA STREET AT THE SOUTH AND THE VACATED ATLANTIC COASTLINE RIGHT OF WAY AT THE NORTH, SAID RIGHT OF WAY LYING AND BEING IN SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to disclaim any and all interest to that portion of Cumberland Avenue, a sixty (60) foot wide unimproved public right of way, lying between Geneva Street at the South and the vacated Atlantic Coastline Right of Way as described in Official Records Book 4341, Page 3979 of the Public Records of Orange County at the North, said right of way lying and being in Section 17, Township 22 South, Range 28 East, Orange County, Florida, a legal description of such right of way to be disclaimed is attached hereto as Exhibit "A" and by this reference made a part hereof (the "Roadway"); and ORLA_1318656.1 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 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 finds that said application and supporting docwnents 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. Authoritv. 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 2 ORLA_1318656.1 Florida and Chapter 166, Florida Statutes, and Article II of Chapter 153 of the Code of the City of Ocoee. SECTION 2. Disclaimer of Roadwav. The City Commission of the City ofOcoee, Florida, hereby disclaims and renounces any rights in and to the Roadway. SECTION 3. 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 4. 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 5. Effective Date. This Resolution shall become effective upon the conveyance of both the property described in Exhibit "B", attached hereto and by this reference made a part hereof, from Roy Sanders and Victoria J. Sanders (together, "Sanders") to Kenneth R. Wingate, Bonny Lee Wingate, Donald A. Wingate, and Carole P. Wingate (collectively, "Wingate") and the property described in Exhibit "C", attached hereto and by this reference made a part hereof, from Wingate to Sanders. PASSED AND ADOPTED this IsVday of _D.erenJ>c2009. 3 ORLA_1318656.1 ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED ArlO FQRM AND LEGALITY this ~ day of (,fA!.,(/' ,2009. ::,LE(J ;;J?J!;;JI) City Attorney ORLA_1318656.1 APPROVED: CITY OF OCOEE, FLORIDA ADVERTISEDlYrbt.tk 3 ,2009 READ FIRST TIME AND ADOPTED _DerR,n br 15 ,2009 UNDER AGENDA ITEM NO. to 4 EXHIBIT A LAND DESCRIPTION CUMBERLAND AVENUE VACATION THAT PORTION OF CUMBERLAND AVENUE, LYING IN BLOCK 4, MAP OF OCOEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK A, PAGES 100 AND 101, OF THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA; BEING BOUNDED ON THE SOUTH BY THE NORTH RIGHT-OF-WAY OF GENEVA STREET; AND BEING BOUNDED ON THE NORTH BY THE WEST RIGHT-OF-WAY OF THE VACATED RAILROAD AS DESCRIBED IN OFFICIAL RECORD BOOK 4341, PAGE 3979 OF THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA. PREPARED BY: CEMS CONSULTANTS, INC. 120 E. MAPLE STREET WINTER GARDEN, FL 34787 PROJECT NO. 1299.001 OCTOBER 23, 2008 FILE: F:\WORDDOCS\LAND DESCRIPTIONS\CUMBERLAND VACATION. DOC SHEET 1 OF 2 SHEETS SKETCH OF DESCRIPTION CUMBERLAND AVENUE VACATION EXH 181. A W COLUMBUS ST w > C w w 2: % .... (I) CIl ~ .." t~MeER LEct~I(: f LORi .0/4. ~O C K " T~~Nt< L,iINES ,..."-~ ! 0\1 ".. !ICt. ,_. ~I U)~ w~ >1 <(II at ca:::: 1"""""--'" 01 u.1 ::I~ ....1 ~ Ul '0 v j II W -l ~g M ~'A e E C l{ I H C ~IJ'Nf,I, ~ c' ~Ji .\t.lTO PORTION OF CUMBERLAND AVE, LYING IN BLOCK 4, MAP OF OCOEE, \ \ \ , r \ J \.. NORTH R/W OF GENEVA ST E GENEVA ST LEGEND / ABBREVlA TIONS PB PLA T BOOK PG PAGE R/W RIGHT-OF-WAY OR OFFICIAL RECORDS BOOK WLY WESTERLY EL Y EASTERL"( ~- T SCALE 1. - 140' NOTES 1. THIS MAP IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAYS, EASEMENTS, OWNERSHIP, ADJOINERS. OR OTHER INSTRUMENTS OF RECORD. 3. THIS IS NOT A BOUNDARY SURVEY. WE HEREBY CERTIFY THAT THIS DRAWING MEETS THE MINIMUM TECHNICAL STANDARDS FOR SURVEYING SET FORTH IN RULE 61 G17-6 OF THE FLORIDA ADMINISTRATIVE CODE ADOPTED BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.0~ d ~ FOR THE FIRM BY: W I\- FOR THE EXCLUSIVE BENEFIT OF: WILLIAM JUBLACKHAM THE CITY OF OCOEE 1Qj I PROFESSIONAL LAND SURVEYOR DATE: 0 2.'6 O~ FLORIDA REGISTRATION NO. 4334 CADD FILE: N: \PROJDA TA \CUMBERLAND\CUMBERLAND.DWG SHEET 2 OF 2 SHEETS CEMS Consultants, Inc. CIVIL ENGINEERING 0 MAPPING 0 SURVEYING 120 EAST MAPLE STREET WINTER GARDEN, FLORIDA 34787 PROJ NO. 1299.001 (407) 877-7979 L.B. NO. 5257 / REVISION DATE DR FB /PG cK' "- ORIGINAL ISSUE 10/2.3/08 WJ8 - ~ EXHIBIT B SWAP FROM SANDERS TO WINGATE THE WEST 50 FEET OF THE EAST 163 FEET OF LOT 17, BLOCK 4, TOWN OF OCOEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK A, PAGE 100 AND 101 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. C:\D&Gumonlo - S811fng!1Sh"""'lLoc:8l S8Ul"9S\T~DI1IIY Inl!Mll' J"""lConlent.E5\TN8$QUWO\SINAP _FROM_SANOER.S. TO_WINGATEll~d()C EXH 181T C SWAP FROM WINGATE TO SANDERS THAT PART OF LOTS 19 AND 20, BLOCK 4. LYING WEST OF THE RAILROAD, LESS THE SOUTH 110 FEET OF SAID LOT 19, MAP OF OCOEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK A, PAGES 100 AND 101, OF THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA AND THE EAST ONE-HALF (E %) OF CUMBERLAND AVENUE. MAP OF OCOEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK A. PAGES 100 AND 101, OF THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, LYING WEST OF AND ADJACENT TO THE ABOVE DESCRIBED PART OF SAID LOTS 19 AND 20, BLOCK 4. C:lOOll1J1ll9ln - S"'~"II8\Shlron\la...' Stlllng8\Tllroptlr8IY InletNIl FiI9I\ContenLIES\4~1)(55R\SWAP -'ROM_WlN04TE....TO_SllNDERSl11.1lOC