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Home My WebLink AboutResolution 2000-17 11111111111111111111111111111 Ur'.:\nqe Co. fL 2001-0040911 "'J1/2b/,'i[I!.:11 Ii)': :lbill:2i/pm UIi Bk E. 1 80 PI:! 3956 <t,E:C 2i~. illiZi TIllS 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: "0: ,'& 'f 'L Jean Grafton, City Clerk ~i'~<~CITY OF OCOEE " 150 N. Lakeshore Drive Ocoee, FL 34761 For Recording Purposes Only RESOLUTION NO. 2000 -17 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING AN UNIMPROVED 60 FOOT WIDE PUBLIC RIGHT-OF-WAY KNOWN AS DIVISION AVENUE, WEST OF LOT 1 WESTOVER FARMS AND EAST OF LOT 7 WESTOVER FARMS AS RECORDED IN PLAT BOOK 0, PAGE 120 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 the 60 foot wide unimproved public right-of-way west of Lot 1 Westover Farms and east of Lot 7 Westover Farms as recorded in Plat Book 0, Page 120 of the Public Records of Orange County, Florida and as more particularly described in the attached Exhibit A (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 A certified copy of Resolution No. 2000-17 was originally recorded in O.R. Book 6158, Page 4293 without the referenced legal description being attached. This certified copy of Resolution No. 2000-17, complete with the legal description being attached, is being re-recorded to correct this error. !l!lllllllll! I !!II 11111111 ill UN tH< E. 1. BJ2.t Pq 3957 uranqe Co f-L. 2001-0040917 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)(I) 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. -2- 1111111111111/111111111111111 LJr< !:\k 6 1. 80 Po 39 Urange Co FL 2001-004~~ 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 the 60 foot wide unimproved public right-of-way west of Lot 1 Westover Farms and east of Lot 7 Westover Farms as recorded in Plat Book 0, Page 120 of the Public Records of Orange County, Florida and as more particularly described in the attached Exhibit A (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. -3- IIIIII!II!IIIIIIIIIIIIIIIIII\ u~ Bf{ b 1 80 Po 3959 Ut'ange Co FL 2001-0040911 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. . ]( PASSED AND ADOPTED this 1i:day of beet"" 6~2000. APPROVED: ATTEST: (SEAL) ADVERTISED n E'. to e t't\ tu' J\. '1 , 2000 READ FIRST TIME AND ADOPTED ~ct-M (?,(;1( I q , 2000 UNDER AGENDA ITEM NO. $ B . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS '(0 FORM AND LEGALITY this B day of J~CGA,bcr;-2000. FOLEY~ARDNER By: ~)~ City Attorney -4- Rece1ved: 6/13/00 2:44PM; 407 422 6915 -> IVEY HARRIS WALLS; Page 3 l4JOOJ/OC 06/13/00 TUE;.13:24 FAX 407 422 6915 TINKLEPAUGH ~..H IVEY HARRIS A TT ACHMENT .. A" SKETCH OF DESCRIPTION .. NOT A SURVEY -- N89"45'o6"E JO.o~' Exhibit A NB9'54'-49~ /.00' I i'\ " a::: LOT 1 WESTOVER FARMS P .B. "ou, PG. 120 .. o c.o ........ UJ $;... W . " .., . -.... ~~ -.J ~~ Z :z W ~ Z o (f) > o S89"~'OO"'W 6000' POINT OF BEGlNNINC/1 SE CORNER OF lOT 1 EAST LINE OF NW 1/4 OF SECTION 29 DRAWING No. TOOC49 FILE No. X-697B 11111 III 1IIIIIUlII 11111I I III uk Elk 6180 P 3960 Orange Co FL 2111il-0040917 ~ ~a, . lCl .., . m ......N b~ o Ul LOT 7 WESTOVER FARMS P.8. IIOU. PG. 120 v .......... I ~l I n . .,- w z CO lL..N Oz WO z- -1t> w t- en C/) L.L.llL. ;=0 Tinklepaugh SURVEYING SERVICES. INC. 379 W. Michigan Street, Suite 208 D Orlando. Florida 32806 Tale. No. (407) 422-0957 Fa3l: No.. (407) 422-6915 UCENSED BUSINESS No. ~778 Recei.ved: 6/13/00 2:44PM; 407 422 6915 -> IVEY HARRIS WALLS; Page 2 06/13/00 Tl~ 13:24 FAX 407 422 6915 TINKLEPAUGH 444 IVEY HARRIS 11111111111111111111111111111 OR Bk 6180 Pg 3961 Urange Co FL 2001-0040917 l4J 002l0( Sheet 1 See ketch of Description Included as Attachment "A" Exhibit A Continued DESCRIPTION A Tract ofland lying in Section 28, and 29, Township 22 South, Range 28 East, Orange County, Florida being a portion of Division Avenue as shown on the plat of Westover Farms according to the plat thereofas recorded in Plat Book "0", Page 120 of the Public Records of Orange County, Florida and being more particularly described as follows: Begin at the Southeast corner of Lot 1 of said Westover Farms; thence North 00 D 13' 44" East along the East line of Lot 1 and the West right of way of Division Avenue for 329.77 feet; thence North 890 45' 0611 East along the North line of said plat and the Northerly limits of Division Avenue for 30.00 feet to a point on the East line of the Northeast 1/4 of Section 29; thence continue along said right of way and Northerly plat limits North 890 5414911 East for 30.00 feet; thence South 000 13' 4411 West along the East right of way of Division Avenue for 329.68 feet; thence South 89D 451 0011 West for 60.00 feet to the Southeast comer of said Lot 1 and the POINT OF BEGINNING. Contains: 0.454 Acres, more or less. Prepared by: Tinklepaugh Surveying Services. Inc. 379 West Michigan Street Suite 208 Orlando. Florida 32806 (407) 422-0957 TOO-C49 This description and the accompanying sketch or sketcbl=s has been prepared in accordance with the Standards set forth in Chapter 61G17, F.A.C., pursuant to~ 177 and 472, FloridaSt.atutes. Unless itbeMs the signature and the original raised seal of a Florida licensed surveyor and mapper this drawing, sketch, plat or map is for infoonali only md is not valid -1 DF.,LI NOT E. L.S.#3517 - lJll III I I I:: 111'11"'I'III'lllllll lilt "111 tI 1,1 I Ii Ur-: Bk b i 80 Pq 3'962 Ur'anqe Co f-L 2001-0040917 l{e'~l}id.jed '. l'l~i.-.tha iJ. :iaynie STATE OF FLORIDA COUNTY OF ORANGE CITY OF OcOEE I HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 2000-17 as adopted by Ocoee City Commission at a meeting held on December 19, 2000, 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 23rd day of January, 2001.