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HomeMy WebLinkAboutResolution 2002-16 11111111111111111111111111111 OR Bk e.e. 1 0 Pg. 7027 Orange Co FL 2012-0438281 09/09/2002 03:11:32gm Rec L..4. 00 THIS INSTRUMENT PREPARED BY: 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 For Recording Purposes Only RESOLUTION NO. 2002 - 16 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING PUBLIC RIGHT OF WAY CREATED IN THE ORIGINAL 1888 PLAT FOR THE TOWN OF OCOEE GENERALLY DESCRIBED AS THAT PORTION OF CUMBERLAND A VENUE BETWEEN THE SOUTH RIGHT-OF-WAY LINE OF ORLANDO AVENUE AND THE NORTH RIGHT -OF-WAY LINE OF COLUMBUS STREET AS SHOWN ON BLOCK 4 MAP OF OCOEE AS RECORDED IN PLAT BOOK A, PAGES 100 & 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 a portion of public right of way described as that portion of Cumberland Avenue between the south right-of-way line of Orlando Avenue and the north right-of-way line of Columbus Street as shown on Block 4 Map of Ocoee as recorded in Plat Book A, Pages 100 & 101, of the Public Records of Orange County, Florida (the "Roadway"); and 006.119229.2 11111111111111111111111111111 OR Bk 6610 Pg 7028 Orange Co FL 2002-0438281 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 006.119229.2 -2- 11111111111111111111111111111 OR Bk e.610 !='g 7029 Orange Co FL 2012-0438281 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. The City Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in the roadway, and 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. 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 immediately upon passage and adoption. 006.119229.2 -3- 11111111111111111111111111111 OR Bk e.e.10 Pg 7030 Orange Co FL 2002-0438281 PASSED AND ADOPTED thisc..b day of ,4,,,,u ~r ,2002. - , ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; ~PFOVED A~Tp ~OSM AND LEGALITY this ~ day of ~, 2002. FOLEf1 L~~R, {) By: lUtY. ~.J City Attorney 006.119229.2 APPROVED: CITY OF OCOEE, FLORIDA . / (]\- -' ~/ p. ~)C C-;,,/ .',- ..,-,~ ~~ ;;aU-/\L-/ S. Scott Vandergrift, Mayor ) : ADVERTISED August 8 , 2002 RE~ FIRST TIME AND ADOPTED ~ fL ~ r- l-tJ , 2002 uNDER AGENDA ITEM NO. "VT A . {, -4- 11111111111111111111111111111 OR Bk e.610 Pg_7031 Orange Co FL 2002-0438281 Recorded - Martha O. Haynie STATE OF FLORIDA COUNTY OF ORANGE CITY OF OCOEE I HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 2002-16 as adopted by Ocoee City Commission at a meeting held on August 20,2002, the original of which is on file in my office. IN WITNESS WHEREOF, I hereby set my hand and cause the seal of the City of Ocoee to be affIxed on this 6th day of September, 2002. CITY CLERK (SEAL) ..