HomeMy WebLinkAboutResolution 2005-002
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THIS INSTRUMENT PREPARED BY:
INSTR 20050208029
OR BK 07890 PG 1091 PGS=5
MARTHA O. HAYNIE, COMPTROLLER
ORANGE COUNTY, FL
03/25/2005 02:20:33 PM
REC FEE 44.00
Edward A. Storey III, Esq.
FOLEY & LARDNER LLP
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
AFTER RECORDING RETIJRN TO:
0)
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 905-3100
For Recording Purposes Only
RESOLUTION NO. 2005-002
(Vacation of Right of Way Resolution for Wofford Road
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING THAT PORTION OF
WOFFORD ROAD, A SIXTY (60) FOOT WIDE PUBLIC
IGRT OF WAY, LYING WITHIN THE CITY OF OCOEE
AND LYING BETWEEN FORTY (40) FEET SOUfH OF THE
SOUTHERLY RIGHT OF WAY LINE OF STORY ROAD
AND THE NORTHEAS'IERLY RIGHT OF WAY LINE OF
THE WESTERN BELlW AY (S.R. 429), SAID RIGHT OF
WAY LYING AND BEING IN SECTION 19, TOWNSIDP 22
SOUfH, RANGE 28 EAST, OR~GE COUNTY, FLORIDA;
PROVIDING FOR THE RESERVATION OF A lJBLIC
UTILITY EASEMENT; PROVIDING FOR RECORDATION;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DA'IE.
WHEREAS, the City Commission of the City of Ocoee desires to abandon and
vacate that portion of Wofford Road, a sixty (60) foot wide public right of way, lying within the
City of Ocoee and lying between forty (40) feet sout hof the southerly right of way line of Story
Road and the northeasterly right of way line of the Western Beltway (S.R. 429), said right of way
lying and being in Section 18, Township 22 South, Range 28 East, 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
WHEREAS, the City Commission of the City of Ocoee desires to reserve a
public utility easement over, under and/or upon 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 which 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)(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
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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 FOLWWS:
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, 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 Roadway in connection
with any existing or future utility extensions that may be located in the Roadway and any other
utilities which 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 which
may now or hereafter be located in, over, under and/or upon the Roadway.
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.
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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 J2: day of N ,~r-L~ ,2005.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
//
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S. Scott Vandergrift, Mayor
Beth Eikenberry, City Clerk
(SEAL)
ADVERTISED , ~,J,L, 2005
READ FIRST TIME AND ADOPTED
_\v\of" v\\ \ , 2005
UNDER AGENDA ITEM NO. \4
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED A~,A.~ AND LEGALITY
this -1- day of , 2005.
::LE~!I:dII
City Attorney
..
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EXHIBIT " A' ,
(the "Roadway")
A portion of the Southeast 1/4 of Section 19, Township 22 South, Range 28 East, lying in
Orange County, Florida and being more particularly described as follows:
COMMENCE at the Northeast corner of the Southeast 1/4 of Section 24, Township 22 South,
Range 27 East, Orange County, Florida; thence South 00000'40" West along the East line of
said Section 24 a distance of 70.01 feet to the POINT OF BEGINNING; thence North
88010'34" East a distance of 30.02 feet; thence South 00000'40" West a distance of 1,378.92
feet to a point of curvature of a non -tangent curve concave easterly having a radius of
4,649.47 feet, a central angle of 01 016'43" and a chord distance of 103.76 feet which bears
North 16047'50" West; thence northerly along the arc of said curve a distance of 103.76 feet;
thence North 00000'40" East a distance of 26.86 feet; thence continue North 00000'40" East
along said line, a distance of 73.39 feet; thence continue North 00 000' 40" East along said line
a distance of 1,178.40 feet to the POINT OF BEGINNING.
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