HomeMy WebLinkAboutResolution 2002-11
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 - 11
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING A PLATTED INGRESS-
EGRESS EASEMENT TO TRACT "G" (DRAINAGE TRACT
OWNED BY THE CITY OF OCEE) LOCATED ON LOT 18,
SAWMILL PHASE I GENERALLY DESCRIBED AS ALL
BUT THE WESTERLY 100 FEET OF LOT 18, SAWMILL
PHASE I, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 23, PAGES 32, 33, 34 AND 35,
OF THE PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA; PROVIDING FOR THE RESERVATION OF A
PUBLIC UTILITY EASEMENT; 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 certain ingress-egress easement to Tract "G", located on Lot
18, Sawmill Phase I, recorded in Plat Book 23, pages 32, 33, 34 and 35, of the Public
Records of Orange County, Florida (the "Property"; and
006.119229.2
WHEREAS, the City Commission desires that the 10' utility easement
along the lot lines of Lot 18 adjacent to the road right of way as established pursuant to
General Note 15 on the Plat of Sawmill Phase I recorded in Plat Book 23, Pages 32,
33, 34 and 35, of the Public Records of Orange County, Florida shall remain as an
encumbrance on the Property;
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(0)(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 Property and all owners of property within
three hundred (300) feet in all directions of the Property; and
WHEREAS, pursuant to Section 153-13(0)(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-(0)(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 Property; and
WHEREAS, the City Commission of the City of Ocoee finds that said
application and supporting documents are in accordance with the requirements of
006.119229.2
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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. 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 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 Easement.
The City Commission of the City of Ocoee, Florida, hereby abandons, vacates and
renounces any rights in and to that certain ingress-egress easement to Tract "G" over a
portion of Lot 18, Sawmill Phase I according to the Plat thereof as recorded in Plat Book
23, pages 32,33,34 and 35, of the public records of Orange County, Florida.
SECTION 3. Reservation of Public Utility Easement. Nothing
herein shall be construed as vacating the 10' utility easement along the lot lines of Lot
18 adjacent to the road right of way as established pursuant to General Note 15 on the
Plat of Sawmill Phase I recorded in Plat Book 23, Pages 32, 33, 34 and 35 of the Public
Records of Orange County, Florida.
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. Severabilitv. If any section, subsection, sentence,
clause, phrase or portion of this Resolution is for any reason held invalid or
006.119229.2
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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.
PASSED AND ADOPTED this J.!uHday of J U L 'I , 2002.
APPROVEO:
ATTEST:
CITY OF OCOEE, FiZO~ A
~." .
~<
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED rT U L Y J.l.. ,2002
READ FIRST TIME AND ADOPTED
J U L" I L1 , 2002
UNDER AGENDA ITEM NO. \IT B .
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this jL day of:Iul7 ,2002.
::LEYifJ1~7tJtj)
City Attorney
006.119229.2
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