HomeMy WebLinkAboutResolution 2005-013
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THIS INSTRUMENT PREPARED BY:
I STR 20050785444
o BK 08312 PG 4853 PGS=6
MARTHA O. HAYNIE, COMPTROLLER
ORANGE COUNTY, FL
11/21/2005 10:04:54 AM
REC FEE 52.50
Nicholas N. Palmer, Esq.
FOLEY & LARDNER LLP
III North Orange Avenue, Suite 1800
Orlando, FL 32801-2386
(407) 423-7656
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. 2005-013
(Vacation of Right of Way Resolution for Washington Street)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING THAT PORTION OF
WASHINGTON STREET, A SIXTY (60) FOOT WIDE PUBLIC
RIGHT OF WAY, LYING BETWEEN TEN (10) FEET WEST OF
THE WESTERLY RIGHT OF WAY LINE OF BLUFORD AVENUE
AND THE EASTERLY RIGHT OF WAY LINE OF CUMBERLAND
AVENUE AS DEPICTED ON THE PLAT OF MAP OF OCOEE,
PLAT BOOK A, PAGES 100 AND 101 OF THE PUBLIC RECORDS
OF 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 Washington Street, a sixty (60) foot wide public right of way, lying between ten
(10) feet west of the westerly right of way line of Bluford Avenue and the easterly right of way
line of Cumberland Avenue, as depicted on the Plat of Map of Ocoee, Plat Book A, Pages lOO
and 1 0 1 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
ORLA_389307.1
WHEREAS, the City Commission of the City of Ocoee desires to reserve a public utility
easement over, under and/or upon the south thirty (30) feet and the north fifteen (15) feet of 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 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)(l) 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 l53 of the
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ORLA_389307.1
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.
Reservation of Public Utility Easement. The City of Ocoee hereby
reserves a public utility easement over, under and/or upon the south thirty (30) feet and the north
fifteen (15) feet of the Roadway 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 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.
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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.
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 6.
Effective Date. This Resolution shall become effective upon passage
and adoption.
PASSED AND ADOPTED this 1st day of November, 2005.
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ORLA_389307.1
ATTEST:
....
, ....
(SEAL)
FOR U.SE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED ~TO FORM AND LEGALITY
this l day of t v~ h~ ,2005.
FOLE~ LARDNER LLPn
. '/. Ii 5 O. iLl
By: . cu...x . r~~'
City Attorney
ORLA_389307.1
APPROVED:
CITY OF OCOEE, FLORIDA
,O~
S. Scott Vandergrift, Mayor
ADVERTISED October 27, 2005.
READ FIRST TIME AND ADOPTED
November 1, 2005.
UNDER AGENDA ITEM NO.9 b.
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EXHIBIT "A"
(the "Roadway")
All that portion of Washington Street, a sixty (60) foot wide public right of way, lying between
ten (10) feet west of the westerly right of way line of Bluford Avenue and the easterly right of
way line of Cumberland Avenue, as depicted on the Plat of Map of Ocoee, Plat Book A, Pages
100 and 101 of the Public Records of Orange County, Florida.
A-I
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