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Home My WebLink AboutResolution 2001-08 IlllIIllIllIlIIIllIlII1111111 9:: ;: 1'.: S e _ C C) :::'- 2001-0280939 U~(\,\;;::'g~k9 Q't~i'+~~~4 Rec ,:::8. ~v.:j 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 AFfER RECORDING RETURN TO: Jean Grafton, City Clerk 4 CITY OF OCOEE ~0... \.:..~., .'.:.':;' 150 N. Lakeshore Driv)t'::Q; Ocoee, FL 34761 " For Recording Purposes Only RESOLUTION NO. 2001 - 08 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND V ACA TING PUBLIC RIGHT OF WAY TO LOT 1, OCOEE COMMERCIAL PARK GENERALLY DESCRIBED AS THE SOUTHERN THIRTY (30):1: FEET OF THE CUL-DE-SAC PORTION OF PUBLIC RIGHT OF WAY ON THE STREET KNOWN AS MERCANTILE COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 26, PAGES 135 & 136, 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 a portion of public right of way to Lot 1, Ocoee Commercial Park according to the Plat thereof as recorded in Plat Book 26, pages 135 & 156, of the public records of Orange County, Florida; and 006.119229.2 !IIII 1/111111I111111/1 1111111 OR Bk 628'9 Po 4225 OranQE CQ FL 2001-0280939 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 Chapter 153 of the Code of the City of Ocoee and that the requested action is consistent with the City of Ocoee Comprehensive Plan. 006.119229.2 -2- 1111111111111I111111111111111 OR Bi-< 6289 Po 4226 Oranqe Co FL 2001-0280939 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 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 and to a portion of Lot 1, Ocoee Commercial Park according to the Plat thereof as recorded in Plat Book 26, pages 135 & 156, of the public records of Orange County, Florida as more specifically described in Exhibit" A" attached. 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 006.119229.2 -3- 11111111 1111111111111111I1111 OR Bk 6289 pC! 4227 Orange Co FL 2001-0280939 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. fu - PASSED AND ADOPTED this ~(fay of <><.{ I.! Nt; ,2001. APPROVED: (SEAL) ATTEST: ADVERTISED June 7 ,2001 READ FIRST TIME AND ADOPTED .J L/ Ale I ~ , 2001 UNDER AGENDA ITEM NO. oJZL, B FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APP~pVED A~O FORM AND LEGALITY this n day of 0 une ,2001. FOLEY & LARDNER By: fa;J(~ City Attorney O:\CALEXANDER\ALL _ DATA \CAPDFILE\FORMS\2001 FORMS\FORMSO 1033 . doc 006.119229.2 -4- . LEGAL DESCRIPTION ~ A PORTION OF LOT I, OCOEE COMMERCIAL PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT .. BOOK 26, PAGE 1.35 & 1.36 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I- .z COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 1. OCOEE COMMERCIAL PARK. THENCE NORTH 89'2.3' 19" ~ eJ EAST ALONG THE NORTH LINE OF SA/O LOT I, A O/STANCE OF 8.04 FEET TO THE POINT OF BEGINNING; THENCE w Z CONTINUE NORTH 89'2.3'19" EAST ALONG SAID LINE A DISTANCE OF 10.3.92 FEET TO A POINT ON THE ARC OF U a:: A NON-TANGENT CURVE (RADIAL LINE THROUGH SAID POINT BEARS SOUTH 60'.36'41" EAST); THENCE WESTERLY ~ 8 ALONG THE ARC OF SAID NON-TANGENT CURVE, BEING CONCAVE TO THE NORTH, HAVING A RADIUS OF 60.00 ~ 1-: FEET, A CENTRAL ANGLE OF 120'00'00". AN ARC DISTANCE OF 125.66 FEET TO THE POINT OF BEGINNING. O~O ~ U ~-J CONTAINING 2211 SQUARE FEET, MORE OR LESS ~ ~I S o I- ........ 6'0., a:: ......... ve. ~~ MERCANTILE COURTtr~D~"~ o 6'~~qoo. Q 60.0' R/W i\tc ~ A88REVlA TIONS L LENGTH i.>. CENTRAL ANGLE R RADIUS R/W RIGHT OF WAY SURVEYORS NOTES: l ".,j. o cO R=25,OO' A=92'.39.1 J.... L=40.4J. N 89'23'19" E 103.92' ~ NORTH LINE Lor 1 T.o. LANDSCAPE EASEMENT R=.377.96') 6=15'14'4J" L=lOO.57. t ~ a <:( o 0::::3: ~ Lu~ aJ 0:::: a ~ - . ~ ::)g ~~ r~ I w R=60.00' ~=120'00'00" L=125,66' . Ol i-, f'l Ol i-,aJ ~z (.;j ~ 1111111111111I1111I1111111111 OR Bk 6289 E'g 4228 Orange Co FL 2001-0280939 ~ . :t <D t'j o o z LOT 1 OCOEE COMMERCIAL PARK PLAT BOOK 26, PAGE 135 & 136 ~ 1" = 20' GRAPHIC SCALE . , 10 20 I 40 N 89'56.4.3" W .314,24' I TOWNE SQUARE SHOPPING CENTER PLA T BOOK 17, PAGE 10 1. Bearings shown hereon are based on the South Right of Way line of Mercan tile Court, being North 89'23'19" East. Legal Description FOR Date: eERT. NO~ 45800069 SOUTHEASTERN SURVEYING & MAPPING CORP. 324 N. Orlando Avenue Maitland, Florida 32751 ~ 407/647-889' -~g. \~ I GARY . KRICK ' REGISTERED LAND SURVEYOR NO. 4245 Fe b. 06, 2001 MR Jab No.: Scale: 45800069 1" = 20' Professional Engineering Consultants, Inc. CH. 61G17-6, Florida Administrative Code requires that a legal description drawing bear the natation that ll-lIS IS NOT A SURVEY. 11111111111 11IIII111111111111 OR Bk 6289 Po 4229 Orange Co FL 2001-0280939 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. 2001-08 as adopted by Ocoee City Commission at a meeting held on June 19, 2001, 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 22nd day of June, 2001. (SEAL)