HomeMy WebLinkAbout2012-014 Division Avenue DOC83 2013 0081671 B: 10520 P: 18 699
02/11/2013 03 :11:36 PM Page 1 of
13 0 , $6.50
Orange Ha9ynie Comptroller
9 County FL
AFTER RECORDING RETURN TO: MB — Ret To: OCOEE
Beth Eikenberry, City Clerk II I
CITY OF OCOEE kitt9111N011
1.50 N. Lakeshore Drive
Ocoee FL 34761
(407) 90.5 -3100
For Recording Purposes Only
RESOLUTION NO. 2012_ -014
(Vacatio of Right of Way Resolution for Division Avenue)
A RESOLUTION OF 'ME 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
TIIE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LO'T 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 39.114 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 11 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, 13E 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 became effective upon passage
and adoption.
3
PASSED AND ADOPTED this I (p day of it _, 2012.
4
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
c1■ '
Bet ikenberry, City Clerk di S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY ADVERTISED October 4 , 2012
THE CITY OF OCOEE, FLORIDA; READ FIRST TIME AND ADOPTED
APPROVED AS TO FORM AND LEGALITY October 16 , 2012
1 V't this day of QCri. , 2012. UNDER AGENDA ITEM NO. 9
SHUFFIELD, LOWMAN & WILSON PA
By:
/ Cit orney{��
4
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
91.5.60 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
OLI) 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
EXHIBIT "B"
SHEET 1 OF 1
S'KETCH & DESCRIPTIO\
SECTION 20 SECTION 21
SECTION 29 \ SECTION 28
NW CORNER OF
O o • SECTION 28 -22 -28 THIS IS NOT A BOUNDARY SURVEY
N of
u7 U)
o `° DESCRIPTION ;
U)
THAT PORTION OF DIVISION AVENUE, A 60.00 FOOT
WIDE RIGHT -OF -WAY AS SHOWN ON THE PLAT OF
S 89'2527' E WESTOVER FARMS, RECORDED IN PLAT BOOK "0 ",
60 2' PAGE 120, OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LOT 1, BLOCK
POINT OF B, OF AFORESAID WESTOVER FARMS; THENCE RUN
BEGINNING 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
1
7 AFORESAID DIVISION AVENUE; THENCE RUN
S00'52'50 "W, ALONG SAID WEST RIGHT -OF -WAY LINE,
A DISTANCE OF 915.60 FEET; THENCE RUN
N c co 536'56'32 "E, ALONG SAID WEST RIGHT -OF -WAY LINE,
rn in A DISTANCE OF 39.14 FEET; TO THE NORTH
°T aT RIGHT -OF -WAY LINE OF OLD WINTER GARDEN ROAD;
5 THENCE RUN N74 "W ALONG SAID NORTH
w RIGHT -OF -WAY LINE, A DISTANCE OF 111.77 FEET TO
THE WEST RIGHT -OF -WAY LINE OF AFORESAID
o � DIVISION AVENUE; THENCE RUN N00'52'50 "E, ALONG
in SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF
in LO 6 899.32 FEET TO THE POINT OF BEGINNING.
15 0 y o SAID LANDS CONTAINING 56,538.3 SQUARE FEET
a (0.1.298 ACRES) MORE OR LESS.
Z cn BLOCK A
BLOCK B Z WESTOVER FARMS
WESTOVER FARMS 2 PEI 0, PC 120
P8 O, PG 120 >
D
N VACATED
JANE STREET
PER 0.6, BOOK 9648,
PC 623
1 PARK RIDGE. SECTION 1 1
PB O. PC 100
6 2 GRAPHIC SCALE
N 53 0 3',8.. ,4 , 0 50 100 200
30 6 E ' P ARR" o S ,
7 PR 0,6%%;704 ; 704 ,
4
N 74 ' 3 3 p�., s 8 > 8 ( IN FEET )
, 1 1 .7 w itatirmihr 1 INCH = 100 FEET
P. S 36' 5 I HE E Y T H A T WEST 1/4 CORNER OF v,S 6 . 3 2" ®® MINIMUM TECHNICAL ST NDARDS SET M FORTH T BY
8 1.46
SECTION 28 -22 -2
FOUND 4 1"la 3 g• ��' F THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS
CONCRETE MONUMENT ° AND MAPPERS IN CHAPTER 5J -17, FLORIDA
NO E \ to ADMINISTRATIVE CODE PURSUANT TO SECTION
C I F 472.027, FLORIDA STATUTES. DATED THIS 1st DAY OF
DECEMBER, 2010 A.D.
RALPH THOMAS SNOW
Legacy Land Surveying, LLC PROFESSIONAL SURVEYOR AND MAPPER
2624 Bent Hickory Circle O = CHANGE OF DIRECTION STATE OF FLORIDA REGISTRATION No, 5561
OT Longwood, Florida 32779 RAISED SEAL IAHFLORIIDDAE LI SIGNATURE AND THE ORIGINAL
CENSED SURVEYOR AND MAPPER
407 - 6101 , THIS SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY
tsnow®1egacylandsurveying.Com ' II PROJECT No. FILE No.
10 -008 RW VAC 4
Licensed Business Number 7848 HEALTH CENTRAL •
EXHIBIT "C"
r
SKETCH AND DESCRIPTION
(THIS IS NOT A BOUNDARY SURVEY)
,
S 89 °31'35" E ' 10.00' WATERMAIN EASEMENT
3.27'
POINT OF
COMMENCEMENT DESCRIPTION :
S 00 ° 09'35" E
S 88 ° 58'07" E 259.15' 9 THAT PORTION OF DIVISION AVENUE, A 60.00 FOOT WIDE
RIGHT-OF-WAY AS SHOWN ON THE PLAT OF WESTOVER
N (85807" W BLOCK A FARMS, RECORDED IN PLAT BOOK "0 ", PAGE 120, OF THE
ct
249.35' POINT OF ° WESTOVER FARMS PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, DESCRIBED
Pe O. PG 120 AS FOLLOWS:
N 01 °01'53 "E BEGINNING w
D
> 289.61 ' S 00 ° 09'35" E COMMENCE AT THE NORTHEAST CORNER OF LOT 15, BLOCK
r.
10.00'
15 .� a B, OF AFORESAID WESTOVER FARMS; THENCE RUN S
• S 88 ° 25'25" E 89 °31'35 "E , A DISTANCE OF 3.27 FEET TO THE POINT OF
o co BEGINNING; THENCE RUN S00'09'35 "E, A DISTANCE OF
BLOCK e o� 51 . 289.61 FEET; THENCE RUN 588 °25'25 "E, A DISTANCE OF
WESTOVER FARMS 0 N PB 0, PG 120 0 S 01 ° 34'35" W 51.59 FEET; THENCE RUN S01 °34'35 "W, A DISTANCE OF
z 10.00' 10.00 FEET; THENCE RUN N88'25'25 "W, A DISTANCE OF
VACATED 61.30 FEET; THENCE RUN N00 °09'35 "W, A DISTANCE
I r " JANE STREET 0E298.98 FEET; THENCE RUN N88 °58'07 "W, A DISTANCE OF
PG 62
N 88 ° 25'25" W PER O.R B00 K 9648' 1 BLO 249.35 FEET; THENCE RUN N01 °01'53 "W, A DISTANCE
61 .30 PARK RIDGE 0E10.00 FEET; THENCE RUN S88 °58'07 "E, A DISTANCE OF
P8 0,
259.15 FEET; THENCE RUN S00 °09'35 "E, A DISTANCE OF
13 14 9.46 FEET TO THE POINT OF BEGINNING.
3 PATlK P €9, SAID ACRE LANDS MORE CONTAINING OR LESS. 6,097.18 SQUARE FEET (0.14
B p R /DL Gp
4
5
I at
: IN ®
S
WEST 1/4 CORNER OF 8
SECTION 28 -22 -28 iNao
FOUND 4 "X4" 1O ro
CONCRETE MONUMENT LD"
NO M
LEGEND:
0' 100 200 -4'-- LINE BREAK
DB DEED BOOK
PEI PLAT 800K
1 /NCH = 200 FEET PG PAGE
SEC. SECTION
G RAY RIGHT OF WAY
GENERAL NOTES.
S.R. STATE ROAD
1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF LOT 15, BLOCK B, AS SHOWN ON ? CENTERLINE
THE PLAT OF WESTOVER FARMS, RECORDED IN PLAT BOOK "0 ", PAGE 120, OF THE PUBLIC RECORDS sf ± SQUARE FEET MORE OR LESS
OF ORANGE COUNTY, FLORIDA, AS BEING S89'31'35 "E (ASSUMED).
NO.
CLF CH AIN LINK fEMCE
2. THIS IS NOT A BOUNDARY. (P) PLAT
E/» EDGE OF PAVEMENT
POC POINT OF COMMENCEMENT
P0B POINT OE BEGINNING
WATERMAIN EASEMENT PROJECT .1 HEREBY CERTIFY TH,, SURVEY MEETS THE
APPLICABLE "MINIMUM TECHNICAL STANDARDS" AS SET
LEG • ` _ NUMBER FORTH BY THE FLORIDA BOARD OF PROFESSIONAL
�� SURVEYORS AND MAPPERS IN CHAPTER 527.050 —.052,
DRAWING DATE; 10/30/2012 12 -008 PURSUANT TO SECTION FLORIDA STATUTES.
LAND SURVEYING
2624 BENT HICKORY CIRCLE LONGWOOD, FL. 32779 DRAWN BY: APPROVED BY: SHEET
407-701-6101 ° �g"n.R. RALPH THOMAS SNOW — DATE:
CERTIFICATE OF AUTHORIZATION NUMBER LB 7848 R TS R TS 1 OF 1 FLORIDA PROFESSIONAL SURVEYOR & MAPPER
LICENSE NUMBER 5561