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HomeMy WebLinkAboutItem #09 Resolution for Health Central Rights-of-Way Vacation Request C of Good zi AGENDA ITEM STAFF REPORT Meeting Date: October 16, 2012 Item # Reviewed By: Contact Name: Michael Rumer W1'Q Department Director: . Z . "-,, Contact Number: 407 - 905 -3100 x 1018 City Manager: ff Subject: Health Central Rights -of -Way Vacation Request Commission District 3 — Rusty Johnson ISSUE: Should the Honorable Mayor and City Commissioners adopt a resolution abandoning and vacating the rights -of -way for Division Street, Arlington Avenue, Jane Street and Rowe Avenue? BACKGROUND SUMMARY: The rights -of -way exist on property owned by Orlando Health Central Inc. and were annexed into the City limits back in 2010. The rights -of -way are located in areas that were used to access single - family dwellings that were bought and condemned by Orlando Health Central Inc. The subject area is located within Target Area 3 of the CRA Target Area Special Development Plan. The proposed vacation of the subject rights -of -way will help facilitate future expansion of the Target Area 3 plan. Several of the rights -of- way have existing utilities contained within areas and have entered into separate easement agreements with the affected companies. Division Street contains a 12" water main running on the western edge. A utility easement dedicating rights to the City over the 12" main is provided in the vacate resolution for Division Street. All other affected utility companies were contacted by staff. No letters of objection were received from said companies. The roadways are not considered arterial or collector roads. Since the roadways are neither a collector nor an arterial road, a Planning & Zoning Commission recommendation is not required. STAFF RECOMMENDATION: Staff has no objection to the vacation of Division Street, Arlington Avenue, Jane Street and Rowe Avenue. Attachments: Location Map CRA Target Area 3 Aerial Target Area 3 Conceptual Plan Vacation Resolutions Type of Item: X Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading _ Public Hearing X Resolution _ Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney _ N/A Reviewed by Finance Dept. N/A Reviewed by ( ) _ N/A Location Map Health Central Right -of -Way Vacations - 4plil ' ' izI -- \ 2 \ o as , ,___ --) c L____.„ \ r ,,,. 0000 ° ° ° °° O ° O ° O ° O ° O ° ° O c °° °°°° ° °° � En 01 a Lap t . ---________ 3 0 ■iikkirimi 6 00 ••■ '. 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Co v of Adv rtlse ment (that rein in the *ant media Date Published and Media Name • Orlanob 3 en4 ,e, i !harsci 5 . 3 bel- Lk ao \a Advertisement or Article CITY OF OCOEE NOTICE OF PUBLIC HEARING FOR HEALTH CENTRAL RIGHT -OF -WAY VACATES FOR JANE STREET Si ROWE AVENUE, CASE NUMBER: VAC- Kt.015 NOTICE IS HEREBY GIVEN, pursuant to Chapter 153, Al-ticle II of the City of Ocoee Code of Ordinances, that on TUESDAY, OCTOBER 16, 2012, AT 7:15 PM. or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEAR- ING at the City of Ocoee Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to consider vacating the right -of -way on Division Street, Ar- lington Avenue, Jane Street and Rowe Avenue and to consider the adoption of the following resolution: A RESOLUTION OF THE CITY OF OCOEE, FLORI- DA ABANDONING AND VACATING THAT POR- TION OF JANE STREET, A 60.00 FOOT WIDE RIGHT -OF -WAY AND ROWE AVENUE, A 6000 FOOT WIDE RIGHT -OF -WAY AS SHOWN ON THE PLAT Of PARK RIDGE SECTION 1 RECORDED IN PLAT BOOK "0 ", PAGE 100, Of THE PUBLIC RE- CORDS OF ORANGE COUNTY, FLORIDA DE- SCRIBED AS FOLLOWS: BEGIN AT THE NORTH- WEST CORNER OF LOT 5 BLOCK 12, OF AFORE- SAID PARK RIDGE, SECTION 1; THENCE RUN S74 °38'30"E ALONG THE NORTH LINE OF SAID BLOCK 12 AND THE SOUTH RIGHT -OF -WAY LINE OF AFORESAID JANE STREET, A DISTANCE OF 35000 FEET TO THE WEST RIGHT -OF -WAY LINE OF AFORESAID ROWE AVENUE; THENCE RUN St5°2110'141 ALONG SAID WEST RIGHT -OF -WAY NOR A THRIGHT-OF-WAY f LINE 0 OF F OLD WINTER GARDEN ROAD THENCE RUN S74 °33 01 "E ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 60.06 FEET TO THE EAST RIGHT - OF -WAY LINE OF AFORESAID ROWE AVENUE THENCE I F - WA Y LINE, 3 A E DISTANCE S OF D 25500 FEET TO THE NORT RIGHT -OF -WAY LINE OF AFORESAID JANE STREET; THENCE RUN N74 °36'30'"W ALONG SAID NORTH RIGHT OF- WAY LINE, A DISTANCE OF 410.00 FEET; THENCE RUN S15•2130'W A DISTANCE OF 60.W FEET TO THE POINT OF BEGINNING, PROVIDING FOR RE- CORDATION, PROVIDING FOR SEVERABIIITY; PROVIDING AN EFFECTIVE DATE. The complete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee Planning Department located at 150 North Lakeshore Drive, Ocoee, Florida between the hours of 8:00 a.m. and 5:00 p.m., Monday through Fri- day, except legal holidays. The Ocoee City Commission mov ran hnue the public hearing to other dates and times, as it deems necessary An interested party shall be advis of the dates, times, and places of an continuation of these or continued pub tic hearings shall be announced during the hearing and no further notici,3 r' garding these matters will be poi:- fished. You are advised that any per son who desires to appeal any decision made at the public hearings will need o record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the Testimony and evidence upon which the appeal is based. In accordance with the Ameri- cans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's Office 40 hours in advance of the meeting at (407) 905.3105 lieih Eikenberry, City Clerk Publish Dote: Oct 4, 2012 C O R 1707451 10/04/2012 Copy of A v &rti ththat ran in the print media Date Published and Media Name 1' i l(]t3 3 en- i Ill f hu rsat(1_Lt , 0 e r j Q-® ®Q. Advertisement or Article CITY OF OCOEE NOTICE OF PUBLIC HEARi0G FOR HEALTH CENTRAL RIGHT -OF -WAY VACATE FOR ARLINGTON AVENUE CASE NUMBER: VAC - 70.019 NOTICE IS HEREBY GIVEN, pursu- ant to Chapter 153, Article II at the City of Ocoee Code of Ordinances, that on TUESDAY, OCTOBER 16, 2012, AT 7:15 P.M. or as soon thereat ter as acliu4, the OCOEE CITY COMMIS- SION will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers, 150 North Lakeshore Drive. Ocoee, Florida, to consider vacating the right -of -way on Division Street, Ar- lington Avenue, Jane Street and Rowe Avenue and to consider the adoption of the following resolution: A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THAT PORTION OF ARLINGTON AVENUE, A 30.00 FOOT WIDE RIGHT -OF -WAY AS SHOWN ON THE PLAT OF WESTOVER FARMS, RECORDED IN PLAT BOOK "0 ", PAGE 120, OF THE PUBLIC RE- CORDS OF ORANGE COUNTY, FLORIDA, DESCRIBED AS FOL- LOWS: BEGIN AT THE NORTHEAST COR- NER OF LOT 1, BLOCK A, OF AFORESAID WESTOVER FARMS; THENCE RUN S89 °41'24 "E ALONG THE NORTH RIGHT -OF -WAY LINE OF AFORESAID ARLINGTON AVE- NUE, A DISTANCE OF 5.77 FEET TO A POINT ON A 1239.92 FOOT RADIUS NON - TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING RADIAL BEARINGOF N71 °21'9 "E, THENCE THROUGH A CENTRAL ANGLE OF 03'08'2 ", RUN 68.06 FEET ALONG THE ARC OF SAID CURVE; THENCE RUN S00 °37'50 "W, ALONG THE EAST RIGHT -OF -WAY LINE OF AFORESAID ARLINGTON AVENUE, A DISTANCE OF 567.64 FEET TO THE NORTH RIGHT -OF -WAY LINE OF GROVE STREET AS SHOWN ON THE PLAT OF PARK RIDGE, SEC- TION 1, RECORDED IN PLAT BOOK "0 ", PAGE 100, OF THE PUBLIC RE- CORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN N89`20'45 "W ALONG SAID NORTH RIGHT-OF -WAY LINE, A DISTANCE OF 30 00 FEET TO THE WEST RIGHT-OF -WAY LINE OF AFORE- SAID ARLINGTON AVENUE; THENCE RUN N00 °37'50 "E, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 631.25 FEET TO THE POINT OF BEGINNING, PROVID- ING FOR RECORDATION; PROVID- ING FOR SEVERABILITY; PROVID ING AN EFFECTIVE DATE The complete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee Planning Department located at 150 North Lakeshore Drive, Ocoee, Florida between the hours of 8 00 0 m and 5 00 p.m., Monday through Fri- day, except legal holidays. The Ocoee City Commission may cum tinue the public hearing to other dole:, and times as it deems necessary. Any interested party shall be advised of the dates, times, and places of any continuation of these or continued pub- lic hearings shall be announced during the hearing and no further notices re- garding these matters will be pub- lished. You are advised that any per- son who desires to appeal any decision made at the public hearings will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. In accordance with the Ameri- cans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's Office 48 hours in advance of the meeting at (4071 905-3105. COR1207222 10/4/2012 c__Q v of Advertise meth ran in the print media Date Published and Media Name E° 0 1 - 1 .ru 5 en h n e 1 i hu ws a c ohe a Advertisement or Article CITY OF OCOEE NOTICE OF PUBLIC HEARING FOR HEALTH CENTRAL RIGHT -OF -WAY VACATES FOR !ONE STREET & ARLINGTON AVENUE, CASE NUMBER. VAC-10.019 NOTICE IS HEREBY GIVEN, pursuant to Chapter 153, Article II of the City of Ocoee Code of Ordinances, that on TUESDAY, OCTOBER 16, 2012, AT 7:15 P.M. or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Com- mission Chambers, 150 North Lake- shore Drive, Ocoee, Florida, to consid- er vacating the right-of -way on Divi- sion Street, Arlington Avenue, Jane Street and Rowe Avenue and to con- sider the adoption of the following resolution: O R A ABANDONING THE VACATING OCOEE, F T P0N- TIdN OF JANE STREET A 60,00 FOOT WIDE RIGHT-OF-WAY AND ARLINGTON AVENUE, A N O THE PLOT WIDE PARK RIGHT-OF-WAY AS SHOWN ON IN PLAT BOOR "0 ", PAGE 100 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORI- DA(( �DESCRIBED AS FOLLOWS: BEGIN AT THE AFORESAID , THENCE RUN N00 °37'50"E ALONG THE EAST BIGHT -OF- WAY LINE OF AFORESAID ARLINGTON AVENUE A DISTANCE OF 184,93 FEET TO THE POINT O1 CURVATURE OF A 15.40 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THENCE THROUGH A CENTRAL ANGLE OF 104 °43'40" RUN 28.15 FEET ALONG THE ARC OF SAID CURVE TO THE POINT OF TANGENCY, SAID POINT BEING OF THE SOUTH RIGHT -OF -WAY LINE OF AFORESAID JANE STREET- THENCE RUN S74•38'30 "E, ALONG SAID SOUTH RIGHT - OF-WAY LINE A DISTANCE OF 259.20 FEET TO THE WEST RIGHT-OF -WAY LINE A DISTANCE OF 16.95 FEET TO A POINT ON A 11.50 f OT RADI- NORTHWEST HAVING OF N89 °22'10 "W, THENCE THROUGH A CENTRAL ANGLE OF 1O4°43'40" RUN 21A2 FEET ALONG THE ARC OF SAID CURVE TO THE POINT OF TANGENCY, SAID POINT BEING OF THE NORTH RIGHT -OF -WAY LINE OF AFORESAID JANE STREET; THENCE RUN N14 °38'30 "W ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE ALONG T HE WEST RIGHT-OF-WAY LINE OF AFORESAID ARLINGTON AVENUE. A DISTANCE OF 239.68 FEET; THENCE CONTINUING ALONG SAID WEST RIGHT -OF -WAY LINE RUN NO TH OF-WAY LINE OF GARDEN ROAD,. THENCE RUN S74 °33'07 "E ALONG SAID NRTH RIGHT -OF -WAY LINE A DISTANCE OF 89.14 FEET TO THE POINT OF BE- GINNING, GFORRSEVERABILIITY- PROVIDING "ANRO - EFFECTIVE DATE. The complete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee Planning Department located at 150 North Lakeshore Drive Ocoee, Florida between the hours of 0:00 a.m. ' and 5:00 p.m., Monday through Fri- day, except legal holidays. The Ocoee City Commission may con- tinue the public hearing to other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times, and places of any continuation of these or continued pub- lic hearings shall be announced during the hearing and no further notices re- garding these matters will be pub- lished. You ore advised that any per- son who desires to appeal any decision made at the public hearings will need a record of the proceedings and for this purpose may need to ensure That a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. In accordance with the Ameri- cans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 905 -3105 Beth Eikenberry, City Clerk Publish Dote: Oct 4, 2012 CO R 1207252 10;04/2012 Co of A verfl 1 ent (that ran in the print media) Date Published and Media Name D6 Orlando Sentinel De - C)\ )C V k U a Advertisement or Article CITY OF OCOEE NOTICE OF PUDLIC HEARING FOR HEALTH CENTRAL RIGHT -OF -WAY VACATE FOR DIVISION AVENUE CASE NUMBER: VAC-100i3 NOTICE IS HEREBY GIVEN, pursu- ant to Chapter 153, Article II of the City of Ocoee Code of Ordihonres, that on TUESDAY, OCTOBER 16, 2012, AT 7:15 P.M. or as soon thereafter as practical, the OCOEE CITY COMMIS- SION will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers, 150 North Lakeshore Drive, Ococ-o, Florida, to consider vacating the right of -way on Division Street, Ar- lington Avenue, Jane Street and Rowe Avenue and to consider the adoption of the following resolution: A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THAT PORTION OF DIVISION AVENUE, A 60.00 FOOT WIDE RIGHT -OF -WAY AS SHOWN ON OHS PLAT OF WESTOVER FARMS, RECORDED IN PLAT BOOK '0 ", PAGE 120, OF THE PUBLIC RE- CORDS OF ORANGE COUNTY, FLORIDA, DESCRIBED AS FOL- LOWS BEGIN AT THE NORTHEAST COR- NER OF LOT 1, BLOCK B, OF AFORESAID WESTOVER FARMS; THENCE RUN S89 °25'27 "E ALONG THE NORTH RIGHT -OF -WAY LINE OF AFORESAID DIVISION AVENUE, A DISTANCE OF 60.00 FEET TO THE EAST RIGHT -OF -WAY LINE OF AFORESAID DIVISION AVENUE, THENCE RUN S00 °52'50 "W, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 915.60 FEET, THENCE RUN 536 °56'32 "E, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 39.14 FEET; TO THE NORTH RIGHT -OF -WAY LINE OF OLD WINTER GARDEN ROAD, THENCE RUN N74 °33'07 "W ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 111.77 FEET TO THE WEST RIGHT -OF -WAY LINE OF AFORESAID DIVISION AVE- NUE; THENCE RUN N00 °52'50 "E, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 899.32 FEET TO THE POINT OF BEGINNING, PROVIDING FOR RECORDATION, PROVIDING FOR SEVERABILI TY, PROVIDING AN EFFECTIVE DATE • The complete case file, including a complete legal description by metes and hounds, may be inspected at the Ocoee Planning Department located at 150 North Lakeshore Drive, Ocoee, Florida between the hours of 8 00 a.m. and 5 p.m., Monday through Fri- day, ex, ept legal holidays. The Ocoee City Commission may con- tinue 11 :0 public hearing to other dotes and times, as it deems necessary Any interested party shall be advised of the dates, times, and places of any continuation of these or continued pub lic hearings shall be announced during the hearing and no further notices re- garding these matters will be pub- lished. You are advised that any u - son who desires to appeal any decision made at the public hearings will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. In accordance with the Ameri- cans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's Offfe A8 I ours in ,Jronce of the meeting at (10%1 905•3102. CO R1208200 10/7/2012 AFTER RECORDING RETURN TO: Beth Eikenberry, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 (407) 905 -3100 RESOLUTION NO. For Recording Purposes Only (Partial Vacation of Right of Way Resolution for Arlington Avenue) A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THAT PORTION OF ARLINGTON AVENUE, A 30.00 FOOT WIDE RIGHT -OF -WAY AS SHOWN ON THE PLAT OF WESTOVER FARMS, RECORDED IN PLAT BOOK "0", PAGE 120, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF LOT 1, BLOCK A, OF AFORESAID WESTOVER FARMS; THENCE RUN S89 °41'24 "E ALONG THE NORTH RIGHT -OF -WAY LINE OF AFORESAID ARLINGTON AVENUE, A DISTANCE OF 5.77 FEET TO A POINT ON A 1239.92 FOOT RADIUS NON - TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING RADIAL BEARINGOF N71 °21'9 "E, THENCE THROUGH A CENTRAL ANGLE OF 03'08'2 ", RUN 68.06 FEET ALONG THE ARC OF SAID CURVE; THENCE RUN S00 °37'50 "W, ALONG THE EAST RIGHT -OF -WAY LINE OF AFORESAID ARLINGTON AVENUE, A DISTANCE OF 567.64 FEET TO THE NORTH RIGHT -OF -WAY LINE OF GROVE STREET AS SHOWN ON THE PLAT OF PARK RIDGE, SECTION 1, RECORDED IN PLAT BOOK "0", PAGE 100, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN N89 °20'45 "W ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 30.00 FEET TO THE WEST RIGHT -OF -WAY LINE OF AFORESAID ARLINGTON AVENUE; THENCE RUN N00 °37'50 "E, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 631.25 FEET TO THE POINT OF BEGINNING, 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 the 30 foot Arlington Avenue Right -of -way, as depicted on the Plat Book 0, Page 120, of the Public Records of Orange County, Florida. A legal description of such right -of -way to be abandoned and vacated is attached hereto as Exhibit "A" and by this reference made a part hereof (the "Roadway "); and, a map of said land herein described which clearly shows the vacated area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof; 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 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 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. 2 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 Roadway. 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. 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. Severability. 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 passage and adoption. PASSED AND ADOPTED this day of , 2012. 3 APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2012 READ FIRST TIME AND ADOPTED , 2012 UNDER AGENDA ITEM NO. . 4 EXHIBIT "A" (the "Roadway ") BEGIN AT THE NORTHEAST CORNER OF LOT 1, BLOCK A, OF AFORESAID WESTOVER FARMS; THENCE RUN S89 °41'24 "E ALONG THE NORTH RIGHT -OF- WAY LINE OF AFORESAID ARLINGTON AVENUE, A DISTANCE OF 5.77 FEET TO A POINT ON A 1239.92 FOOT RADIUS NON - TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING RADIAL BEARINGOF N71 °21'9 "E, THENCE THROUGH A CENTRAL ANGLE OF 03'08'2 ", RUN 68.06 FEET ALONG THE ARC OF SAID CURVE; THENCE RUN S00 °37'50 "W, ALONG THE EAST RIGHT -OF -WAY LINE OF AFORESAID ARLINGTON AVENUE, A DISTANCE OF 567.64 FEET TO THE NORTH RIGHT -OF -WAY LINE OF GROVE STREET AS SHOWN ON THE PLAT OF PARK RIDGE, SECTION 1, RECORDED IN PLAT BOOK "0", PAGE 100, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN N89 °20'45 "W ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 30.00 FEET TO THE WEST RIGHT -OF -WAY LINE OF AFORESAID ARLINGTON AVENUE; THENCE RUN N00 °37'50 "E, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 631.25 FEET TO THE POINT OF BEGINNING. A -1 AFTER RECORDING RETURN TO: Beth Eikenberry, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 (407) 905 -3100 RESOLUTION NO. For Recording Purposes Only (Vacation of Right of Way Resolution for Division Avenue) A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THAT PORTION OF DIVISION AVENUE, A 60.00 FOOT WIDE RIGHT -OF -WAY AS SHOWN ON THE PLAT OF WESTOVER FARMS, RECORDED IN PLAT BOOK "0", PAGE 120, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF LOT 1, BLOCK B, OF AFORESAID WESTOVER FARMS; THENCE RUN S89 °25'27 "E ALONG THE NORTH RIGHT -OF -WAY LINE OF AFORESAID DIVISION AVENUE, A DISTANCE OF 60.00 FEET TO THE EAST RIGHT -OF -WAY LINE OF AFORESAID DIVISION AVENUE; THENCE RUN S00 °52'50 "W, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 915.60 FEET; THENCE RUN S36 °56'32 "E, ALONG SAID WEST RIGHT -OF- WAY LINE, A DISTANCE OF 39.14 FEET; TO THE NORTH RIGHT -OF- WAY LINE OF OLD WINTER GARDEN ROAD; THENCE RUN N74 °33'07 "W ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 111.77 FEET TO THE WEST RIGHT -OF -WAY LINE OF AFORESAID DIVISION AVENUE; THENCE RUN N00 °52'50 "E, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 899.32 FEET TO THE POINT OF BEGINNING, PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to reserve a public utility easement over, under and /or upon the Roadway area attached hereto as Exhibit "C" in connection with existing utility facilities as well as the right of ingress and egress in, over, under and /or upon 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 City Commission of the City of Ocoee desires to abandon and vacate that portion of the 60 foot Division Avenue Right -of -way, as depicted on the Plat Book 0, Page 120, of the Public Records of Orange County, Florida. A legal description of such right -of -way to be abandoned and vacated is attached hereto as Exhibit "A" and by this reference made a part hereof (the "Roadway'); and, a map of said land herein described which clearly shows the vacated area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof; 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 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 2 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 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 Roadway. 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. 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. Severability. 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 passage and adoption. 3 APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2012 READ FIRST TIME AND ADOPTED , 2012 UNDER AGENDA ITEM NO. 5 EXHIBIT "A" (the "Roadway ") BEGIN AT THE NORTHEAST CORNER OF LOT 1, BLOCK B, OF AFORESAID WESTOVER FARMS; THENCE RUN S89 °25'27 "E ALONG THE NORTH RIGHT -OF- WAY LINE OF AFORESAID DIVISION AVENUE, A DISTANCE OF 60.00 FEET TO THE EAST RIGHT -OF -WAY LINE OF AFORESAID DIVISION AVENUE; THENCE RUN S00 °52'50 "W, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 915.60 FEET; THENCE RUN S36 °56'32 "E, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 39.14 FEET; TO THE NORTH RIGHT -OF -WAY LINE OF OLD WINTER GARDEN ROAD; THENCE RUN N74 °33'07 "W ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 111.77 FEET TO THE WEST RIGHT -OF- WAY LINE OF AFORESAID DIVISION AVENUE; THENCE RUN N00 °52'50 "E, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 899.32 FEET TO THE POINT OF BEGINNING. A -1 AFTER RECORDING RETURN TO: Beth Eikenberry, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 (407) 905 -3100 RESOLUTION NO. For Recording Purposes Only (Partial Vacation of Right of Way Resolution for Jane Street and Arlington Avenue) A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THAT PORTION OF JANE STREET, A 60.00 FOOT WIDE RIGHT -OF -WAY AND ARLINGTON AVENUE, A 60.00 FOOT WIDE RIGHT -OF -WAY AS SHOWN ON THE PLAT OF PARK RIDGE, SECTION 1 RECORDED IN PLAT BOOK "0", PAGE 100, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 15, BLOCK 10, OF AFORESAID PARK RIDGE, SECTION 1; THENCE RUN NO0 °37'50 "E ALONG THE EAST RIGHT -OF -WAY LINE OF AFORESAID ARLINGTON AVENUE, A DISTANCE OF 184.93 FEET TO THE POINT OF CURVATURE OF A 15.40 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THENCE THROUGH A CENTRAL ANGLE OF 104 °43'40 ", RUN 28.15 FEET ALONG THE ARC OF SAID CURVE TO THE POINT OF TANGENCY, SAID POINT BEING OF THE SOUTH RIGHT -OF -WAY LINE OF AFORESAID JANE STREET; THENCE RUN S74 °38'30 "E, ALONG SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF 259.20 FEET TO THE WEST RIGHT -OF -WAY LINE, A DISTANCE OF 76.95 FEET TO A POINT ON A 11.50 FOOT RADIUS NON - TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING RADIAL BEARING OF N89 °22' 10 "W, THENCE THROUGH A CENTRAL ANGLE OF 104 °43'40 ", RUN 21.02 FEET ALONG THE ARC OF SAID CURVE TO THE POINT OF TANGENCY, SAID POINT BEING OF THE NORTH RIGHT -OF -WAY LINE OF AFORESAID JANE STREET; THENCE RUN N74 °38'30 "W, ALONG SAID NORTH RIGHT - OF -WAY LINE, A DISTANCE OF 326.30 FEET; THENCE RUN S00 °37'50 "W, ALONG THE WEST RIGHT -OF -WAY LINE OF AFORESAID ARLINGTON AVENUE, A DISTANCE OF 239.68 FEET; THENCE CONTINUING ALONG SAID WEST RIGHT -OF -WAY LINE RUN S52 °55'35 "W, A DISTANCE OF 33.09 FEET TO THE NORTH RIGHT -OF -WAY LINE OF OLD WINTER GARDEN ROAD; THENCE RUN S74 °33'07 "E ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 89.14 FEET TO THE POINT OF BEGINNING, 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 the 60 foot Jane Street and Arlington Avenue Right -of -way, as depicted on the Plat Book 0, Page 100, of the Public Records of Orange County, Florida. A legal description of such right -of -way to be abandoned and vacated is attached hereto as Exhibit "A" and by this reference made a part hereof (the "Roadway "); and, a map of said land herein described which clearly shows the vacated area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof; 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 2 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 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 Roadway. 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. 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. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of 3 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 passage and adoption. PASSED AND ADOPTED this day of , 2012. 4 APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2012 READ FIRST TIME AND ADOPTED , 2012 UNDER AGENDA ITEM NO. 5 EXHIBIT "A" (the "Roadway ") BEGIN AT THE SOUTHWEST CORNER OF LOT 15, BLOCK 10, OF AFORESAID PARK RIDGE, SECTION 1; THENCE RUN N00 °37'50 "E ALONG THE EAST RIGHT - OF -WAY LINE OF AFORESAID ARLINGTON AVENUE, A DISTANCE OF 184.93 FEET TO THE POINT OF CURVATURE OF A 15.40 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THENCE THROUGH A CENTRAL ANGLE OF 104 °43'40 ", RUN 28.15 FEET ALONG THE ARC OF SAID CURVE TO THE POINT OF TANGENCY, SAID POINT BEING OF THE SOUTH RIGHT -OF -WAY LINE OF AFORESAID JANE STREET; THENCE RUN S74 °38'30 "E, ALONG SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF 259.20 FEET TO THE WEST RIGHT -OF- WAY LINE, A DISTANCE OF 76.95 FEET TO A POINT ON A 11.50 FOOT RADIUS NON - TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING RADIAL BEARING OF N89 °22'10 "W, THENCE THROUGH A CENTRAL ANGLE OF 104 °43'40 ", RUN 21.02 FEET ALONG THE ARC OF SAID CURVE TO THE POINT OF TANGENCY, SAID POINT BEING OF THE NORTH RIGHT -OF -WAY LINE OF AFORESAID JANE STREET; THENCE RUN N74 °38'30 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 326.30 FEET; THENCE RUN S00 °37'50 "W, ALONG THE WEST RIGHT -OF -WAY LINE OF AFORESAID ARLINGTON AVENUE, A DISTANCE OF 239.68 FEET; THENCE CONTINUING ALONG SAID WEST RIGHT - OF -WAY LINE RUN S52 °55'35 "W, A DISTANCE OF 33.09 FEET TO THE NORTH RIGHT -OF -WAY LINE OF OLD WINTER GARDEN ROAD; THENCE RUN S74 °33'07 "E ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 89.14 FEET TO THE POINT OF BEGINNING. A -1 AFTER RECORDING RETURN TO: Beth Eikenberry, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 (407) 905 -3100 RESOLUTION NO. For Recording Purposes Only (Partial Vacation of Right of Way Resolution for Jane Street and Rowe Avenue) A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THAT PORTION OF JANE STREET, A 60.00 FOOT WIDE RIGHT -OF -WAY AND ROWE AVENUE, A 60.00 FOOT WIDE RIGHT -OF -WAY AS SHOWN ON THE PLAT OF PARK RIDGE, SECTION 1 RECORDED IN PLAT BOOK "0", PAGE 100, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 5, BLOCK 12, OF AFORESAID PARK RIDGE, SECTION 1; THENCE RUN S74 °38'30 "E ALONG THE NORTH LINE OF SAID BLOCK 12 AND THE SOUTH RIGHT -OF -WAY LINE OF AFORESAID JANE STREET, A DISTANCE OF 350.00 FEET TO THE WEST RIGHT -OF -WAY LINE OF AFORESAID ROWE AVENUE; THENCE RUN S15 °21'30 "W, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 196.00 FEET TO THE NORTH RIGHT -OF -WAY LINE OF OLD WINTER GARDEN ROAD; THENCE RUN S74 °33'07 "E ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 60.00 FEET TO THE EAST RIGHT -OF -WAY LINE OF AFORESAID ROWE AVENUE; THENCE RUN N15 °21'30 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, A DISTANCE OF 256.00 FEET TO THE NORTH RIGHT -OF -WAY LINE OF AFORESAID JANE STREET; THENCE RUN N74 °38'30 "W ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 410.00 FEET; THENCE RUN S15 °21'30 "W, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING, 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 the 60 foot Jane Street and Rowe Avenue Right -of -way, as depicted on the Plat Book 0, Page 100, of the Public Records of Orange County, Florida. A legal description of such right -of -way to be abandoned and vacated is attached hereto as Exhibit "A" and by this reference made a part hereof (the "Roadway "); and, a map of said land herein described which clearly shows the vacated area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof; 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 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 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. 2 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 Roadway. 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. 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. Severability. 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 passage and adoption. PASSED AND ADOPTED this day of , 2012. 3 APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2012 READ FIRST TIME AND ADOPTED , 2012 UNDER AGENDA ITEM NO. 4 EXHIBIT "A" (the "Roadway ") BEGIN AT THE NORTHWEST CORNER OF LOT 5, BLOCK 12, OF AFORESAID PARK RIDGE, SECTION 1; THENCE RUN S74 °38'30 "E ALONG THE NORTH LINE OF SAID BLOCK 12 AND THE SOUTH RIGHT -OF -WAY LINE OF AFORESAID JANE STREET, A DISTANCE OF 350.00 FEET TO THE WEST RIGHT -OF -WAY LINE OF AFORESAID ROWE AVENUE; THENCE RUN S15 °21'30 "W, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 196.00 FEET TO THE NORTH RIGHT -OF- WAY LINE OF OLD WINTER GARDEN ROAD; THENCE RUN S74 °33'07 "E ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 60.00 FEET TO THE EAST RIGHT -OF -WAY LINE OF AFORESAID ROWE AVENUE; THENCE RUN N15 °21'30 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, A DISTANCE OF 256.00 FEET TO THE NORTH RIGHT -OF -WAY LINE OF AFORESAID JANE STREET; THENCE RUN N74 °38'30 "W ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 410.00 FEET; THENCE RUN S15 °21'30 "W, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. A -1