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HomeMy WebLinkAboutResolution 2005-008 RESOLUTION NO. 2005-008 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ACCEPTING APPROXIMATELY FOUR (4) ACRES OF SURPLUS LAND FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR PUBLIC ROAD RIGHT-OF-WAY AND DRAINAGE PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Ocoee has petitioned the Florida Department of Transportation ("FDOT") for approximately four (4) acres of land located on the north side of West Colonial Drive between Blackwood A venue and Clark Road, as more particularly described in Exhibit "A" hereto and by this reference incorporated herein (the "Surplus Property"), for public road right-of-way and drainage purposes; and WHEREAS, FDOT has issued preliminary approval of such petition and has requested the City Commission of the City of Ocoee to adopt this resolution accepting the Surplus Property for public road right-of-way and drainage purposes; and WHEREAS, the City Commission of the City of Ocoee desires to accept the Surplus Property from FDOT for public road right-of-way and drainage purposes. 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 ofOcoee has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. .1 SECTION 2. Acceptance of Surplus Property. The City Commission of the City ofOcoee hereby accepts the Surplus Property from FDOTfor public road right-of- way and drainage purposes. SECTION 3. Unanimous Approval. This Resolution was unanimously approved by the City Commission of the City of Ocoee. 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 immediately upon passage and adoption. PASSED AND ADOPTED this J3. day of :J: \ l ,2005. APPROVED: ATTEST: ~~ Beth Eikenberry, City Clerk (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. 2- FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this~dayof~J.}t ,2005. :~Lrt:Jrz:Jw City Attorney .1 -2- EXHIBIT "A" . (the "Surplus Property") Parcell (also known as Borrow Pit No.2) as shown on the Final Judgment entered in the Order of Take Ledger, Law No. 37747 dated 01/25/1960, also shown on State Road Department Right- of-Way Map, Section No. 75050-2501 dated 05/01/1959. A parcel of land in the Southwest 'l4 of the Southwest 'l4 of Section 21, Township 22 South, Range 28 East; Described as follows: Commence at the Southwest corner of said Section 21, and run thence North 00033' West, 353.57 feet for a POINT OF BEGINNING; from said point of beginning continue North 00033' West, 300 feet; thence North 89027' East, 170 feet; thence South 23 059' East, 326.9 feet; thence South 89027' West, 300 feet to the POINT OF BEGINNING, containing 1.622 acres, more or less. Also, Haul Road for Borrow Pit No.2 The West 50 feet of the North 285 feet of the south 353.57 feet of the Southwest 'l4 of the Southwest 'l4 of the Southwest 'l4 of said Section 21, containing 0.328 acres, more or less. Parcel 2 (a portion of Borrow Pit No.1) per Deed Book 736, Page 271. That portion of the Northwest 'l4 of the Southwest 'l4 of the Southwest 'l4 of Section 21, Township 22 South, Range 28 East, described as beginning at the Southwest corner of said Northwest 'l4 of the Southwest 'l4 of the Southwest 'l4 of the Southwest 194.63 feet; thence North 05008'27" East 93.49 feet; thence North 05008'27" East 93.49 feet; thence North 00033'33" West 100 feet; thence North 31056'33" West 117.14 feet; thence South 89026'27" West 60 feet; thence South 00033'33" East 500 feet; thence South 05008'27" East 90.53 feet to the POINT OF BEGINNING; containing 2.06 acres, more or less. .1 -3-