HomeMy WebLinkAboutResolution 2005-012
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THIS INSTRUMENT PREPARED BY:
I STR 20050785443
o BK 08312 PG 4848 PGS=5
MARTHA O. HAYNIE, COMPTROLLER
ORANGE COUNTY, FL
11/21/2005 10:04:54 AM
REC FEE 44.00
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 Recordinl! Purooses Only
RESOLUTION NO. 2005-012
(Vacation of Right of Way Resolution for Cumberland Avenue)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING THAT PORTION OF
CUMBERLAND AVENUE, A SIXTY (60) FOOT WIDE PUBLIC
RIGHT OF WAY, LYING BETWEEN THE SOUTHERLY RIGHT
OF WAY LINE OF WASHINGTON STREET AND THE
NORTHERLY RIGHT OF WAY LINE OF ORLANDO STREET 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 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 Cumberland Avenue, a sixty (60) foot wide public right of way, lying between the
southerly right of way line of Washington Street and the northerly right of way line of Orlando
Street, 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 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
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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.
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
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ORLA_389307.1
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 I ty- day of UoJet,,{ber:' 2005.
APPROVED:
ATTEST:
CITY OF OCOEE, F.~ORIDA
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S. Scott Vandergrift, Mayor
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:: :..' Beth Eil<:enberry~ City Clerk
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ORLA_ 389307.1
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED A~ ,TO FORM AND LEGALITY
this + day of JV p~ b<T" ,2005.
FOLE}1 LARD~R LLP/1.I-;}
By: o/cJ?fi~
City Attorney
ORLA_389307.1
ADVERTISED October 27, 2005
READ FIRST TIME AND ADOPTED
November 1, 2005
UNDER AGENDA ITEM NO. 9 b.
4
EXHIBIT" A"
(the "Roadway")
That portion of Cumberland Avenue lying between Washington Street and Orlando Street as
depicted on the Map of Ocoee, Plat Book A, Pages 100 and 101, as recorded in the Public
Records of Orange County, Florida being more particularly described as follows:
Beginning at the Northwest corner of Lot 6, Block 4 of said Map of Ocoee; thence along the
Easterly right-of-way of Cumberland Avenue, being a 60.00 feet right-of-way per said Map of
Ocoee S 00043'47" E, a distance of 198.09 feet to the Southwest corner of said Lot 6; thence
departing said Easterly right-of-way S 89046'53" W, a distance of 60.00 feet to the Southeast
corner of Lot 7, Block 4 of said Map of Ocoee, also being a point on the westerly right-of-way of
said Cumberland Avenue; thence along said Westerly right-of-way N 00043'47" W, a distance of
198.04 feet to the Northeast corner of said Lot 7; thence departing said Westerly right-of-way N
89043'50" E~ a distance of60.00 feet to the POINT OF BEGINNING.
A-I
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