HomeMy WebLinkAboutResolution 2003-11
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THIS INSTRUMENT PREPARED BY:
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~~RTHA O. HAYNIE, Cm'PTROLLER
ORANGE COUNTY, FL
06/03/2003 03:10:52 PM
REC FEE 24.00
Scott A. Cookson, Esq.
FOLEY & LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
AFTER RECORDING RETURN TO:
Jean Grafton, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 905-3100
For Recording Purposes Only
RESOLUTION NO. 2003-11
(Vacation of Right of Way Resolution for Ocoee Commons PUD)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING THAT PORTION OF
MAINE STREET A SIXTY (60) FOOT WIDE UNIMPROVED
PUBLIC RIGHT OF WAY, LYING BETWEEN CALIFORNIA
AVENUE AND THE VACATED B. C. TERRY ROAD
VACATED PER O. R. BOOK 5031, PAGE 2192;
ABANDONING AND VACATING THAT PORTION OF
GEORGIA STREET A SIXTY (60) FOOT WIDE
UNIMPROVED PUBLIC RIGHT OF WAY, LYING
BETWEEN CALIFORNIA A VENUE AND THE VACATED B.
C. TERRY ROAD VACATED PER O. R. BOOK 5031, PAGE
2192; ABANDONING AND VACATING THAT PORTION OF
GENEVA STREET A SIXTY (60) FOOT UNIMPROVED
PUBLIC RIGHT OF WAY, LYING BETWEEN THE EAST
LINE OF MONTGOMERY AVENUE AND THE VACATED
B. C. TERRY ROAD VACATED PER O. R. BOOK 5031,
PAGE 2192; ABANDONING AND VACATING THAT
PORTION OF MONTGOMERY A VENUE A SIXTY (60)
FOOT WIDE UMIMPROVED PUBLIC RIGHT OF WAY
LYING BETWEEN THE SOUTH LINE OF GENEVA
STREET AND MAINE STREET; ABANDONING AND
VACATING THAT PORTION OF CALIFORNIA AVENUE, A
SIXTY (60) FOOT WIDE UNIMPROVED PUBLIC RIGHT
OF WAY LYING BETWEEN THE SOUTH LINE OF
CROOKED CREEK DRIVE AND MAINE STREET, ALL
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ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK A, PAGES 100 AND 101, OF THE PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA, SAID RIGHT
OF WAY LYING AND BEING IN SECTION 20, TOWNSIDP
22 SOUTH, RANGE 28 EAST, 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 Maine Street a sixty (60) foot wide unimproved public right of way, lying
between California Avenue and the vacated B. C. Terry Road vacated per O. R. Book 5031, Page
2192; abandon and vacate that portion of Georgia Street a sixty (60) foot wide unimproved public
right of way, lying between California Avenue and the vacated B. C. Terry Road vacated per O. R.
Book 5031, Page 2192; abandon and vacate that portion of Geneva Street a sixty (60) foot
unimproved public right of way, lying between the east line of Montgomery Avenue and the
vacated B. C. Terry Road vacated per O. R. Book 5031, Page 2192; abandon and vacate that
portion of Montgomery Avenue a sixty (60) foot wide unimproved public right of way lying
between the south line of Geneva Street and Maine Street; abandon and vacate that portion of
California Avenue, a sixty (60) foot wide unimproved public right of way lying between the south
line of Crooked Creek Drive and Maine Street, all according to the plat thereof as recorded in Plat
Book A, Pages 100 and 101, of the Public Records of Orange County, Florida, said right of way
lying and being in Section 20, Township 22 south, Range 28 east, Orange County, Florida
(collectively, 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
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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 IT 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
Florida and Chapter 166, Florida Statutes, and Article IT of Chapter 153 of the Code of the City
of Ocoee.
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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.
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 annexation of the Roadway into the corporate limits of the City of Ocoee, Florida and the
recording of this Resolution among the Public Records of Orange County, Florida shall evidence
such annexation.
PASSED AND ADOPTED this I f ~ay of M/l-R. c IJ ,2003.
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ATTEST:
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APP~9VED A,tfO TRM AND LEGALITY
this lK. day of oLl ,2003.
FOLEY nARDNE~
By: t( tuJl ~
City Attorney
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lAST PAGE
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED /'A.A U H a, , 2003
READ FIRST TIME AND ADOPTED
/'-t '" tc. Ii I <r , 2003
UNDER AGENDA ITEM NO. IlL Ii .t oLe
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