HomeMy WebLinkAboutResolution 2005-005
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THIS INSTRUMENT PREPARED BY:
I STR 2005043&994
R BK 08049 PG 4210 PGS=5
MARTHA O. HAYNIE, COMPTROLLER
ORANGE COUNTY, FL
96/39/2995 11:33:18 AM
REC FEE 44.139
Nicholas N. Palmer, Esq.
FOLEY & LARDNER LLP
III North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(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. 2005-05
(Vacation of Right of Way Resolution)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING THOSE PORTIONS OF
THAT CERTAIN 12 FOOT ALLEY FOUND IN BLOCK 3,
MAP OF OCOEE, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK A, PAGE 100 OF THE
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA
THAT LIE (i) EASTERLY OF LOT 22, WESTERLY OF LOT
25 AND LOT 26 AND WESTERLY OF THE SOUTHERLY 47
FEET OF LOT 24, AND (ii) EASTERLY OF LOT 3 AND
WESTERLY OF LOT 1, 2, AND THE NORTHERLY 41
FEET OF LOT 23; PROVIDING FOR RECORDATION;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to abandon and
vacate those portions of that certain 12 foot alley found in Block 3, Map of Ocoee, according to
the plat thereof as recorded in Plat Book A, Page 10 of the Public Records of Orange County,
Florida that lie (i) easterly of lot 22, westerly of lot 25 and lot 26 and westerly of the southerly
47 feet of lot 24, and (ii) easterly of lot 3 and westerly of lot 1, 2, and the northerly 41 feet of lot
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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 ofOcoee,
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 ofOcoee,
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 ofOcoee, 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 ofOcoee 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:
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SECTION 1. Authoritv. 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, 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 Roadwav. 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. Severabilitv. 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.
PASSEDANDADOPTEDthi~ daYOf~,2005.
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ATTEST:
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this 1~ day of"T LJ1\.e. ,2005.
FOLEyt LARDN' LL~ /I--~
By: ~ddlr ~
City Attorney
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APPROVED:
CITY OF OCOEE, FLORIpA
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S. Scott Vandergrift, Mayor 1
ADVERTISEDIPh(~lI rl,2005
RE FIRSTT~ED
(' ,2005
AGENDA ITEM NO. -----13-.
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EXHIBIT "A"
(the "Roadway")
That portion of Section 18, Township 22 South, Range 28 East, Orange County, Florida being
more particularly described as follows:
That certain 12.00 foot Alley, lying easterly of Lot 22, westerly of Lot 25 and Lot 26 and
westerly of the southerly 47 feet of Lot 24, all in Block 3, Map of Ocoee, according to the plat
thereof as recorded in Plat Book A, page 100 ofthe Public Records of Orange County, Florida.
Together with:
That certain 12.00 foot Alley, lying easterly of Lot 3 and westerly of Lot 1, 2 and the northerly
41 feet of Lot 23, Block 3, Map of Ocoee, according to the Plat thereof as recorded in Plat Book
A, Page 100 of the Public Records of Orange County, Florida.
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