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HomeMy WebLinkAboutResolution 2000-13 Orange Co FL 2000-0407086 09262000 11:02:18a. OR Bk DOgS Pg 10&0 Rec 33.00 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: Jean Grafton, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 For Recording Purposes Only RESOLUTION NO. 2000 - 13 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING; A 60 FOOT WIDE PUBLIC RIGHT-OF-WAY KNOWN AS OHIO STREET, BEGINNING AT THE EASTERN RIGHT-OF-WAY LINE OF BLUFORD AVENUE RUNNING EAST TO THE WESTERN RIGHT-OF-WAY LINE OF LAKEWOOD AVENUE, A 60 FOOT WIDE PUBLIC RIGHT-OF- WAY KNOWN AS OAK SREEET, BEGINNING AT THE EASTERN RIGHT-OF-WAY LINE OF BLUFORD AVENUE RUNNING EAST TO 50 FEET WEST OF THE WESTERN RIGHT-OF-WAY LINE OF NORTH LAKE SHORE DRIVE, AND A 60 FOOT WIDE RIGHT-OF-WAY, KNOWN AS LAKEWOOD AVENUE, BEGINNING AT THE SOUTHERN RIGHT-OF-WAY LINE OF LAFAYETTE STREET AND RUNNING SOUTH TO THE NORTHERN RIGHT-OF-WAY LINE OF EAST DELAWARE STREET, ALL LOCATED IN SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; PROVIDING FOR THE RESERVATION OF A PUBLIC UTILITY EASEMENT; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 006.119229.2 OR Bk DOgS Pg_19~ 1 Orange Co FL 2000-0407086 WHEREAS, the City Commission of the City of Ocoee desires to abandon and vacate a 60 foot wide public right-of-way known as Ohio Street, beginning at the eastern right-of-way line of Bluford Avenue running east to the western right-of-way line of Lakewood Avenue; a 60 foot wide public right-of-way known as Oak Street, beginning at the eastern right-of-way line of Bluford Avenue running east to approximately 50 feet west of the western right-of-way line of North Lakeshore Drive; and a 60 foot wide right-of-way known as Lakewood Avenue, beginning at the southern right-of-way line of Lafayette Street and running south to the northern right-of-way line of East Delaware Street; all located in Section 17, Township 22 South, Range 28 East, Orange County, Florida and as more particularly described in the attached Exhibit A (the "Roadways"); and WHEREAS, the City Commission of the City of Ocoee desires to reserve a public utility easement over, under and/or upon the Roadways in connection with existing or future utility facilities as well as the right of ingress and egress in, over, under and/or upon the Roadways 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 Roadways; 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 -2- 006.119229.2 OR Bk DOgS ~g_ .19~2 Orange Co FL 2000-0407086 to owners of real property abutting the Roadways and all owners of the property within three hundred (300) feet in all directions of the Roadways; 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 Roadways; 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 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 public right-of-way known as Ohio Street, beginning at the eastern -3- 006.119229.2 right-of-way line of Bluford Avenue running east to the western right-of-way line of Lakewood A venue, the 60 foot wide public right-of-way known as Oak Street, beginning at the eastern right-of-way line of Bluford Avenue running east to 50 feet west of the western right-of-way line of North Lakeshore Drive, and the 60 foot wide right-of-way known as Lakewood Avenue, beginning at the southern right-of-way line of Lafayette Street and running south to the northern right-of-way line of East Delaware Street, all located in Section 17, Township 22 South, Range 28 East, Orange County, Florida and as more particularly described in the attached Exhibit A OR Bk DOgS Pg19~3 (the" Roadways"). Orange Co FL 2000-0407086 SECTION 3. Reservation of Public Utility Easement. The City of Ocoee hereby reserves a public utility easement over, under and/or upon the Roadways in connection with any existing or future utility extensions that may be located in the Roadways and any other utilities which may now or hereafter be located in, over under and/or upon the Roadways; 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 Roadways 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 Roadways. 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 -4- 006.119229.2 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 ~day of .ip'/AHRDl., 2000. APPROVED: ATTEST: (SEAL) ADVERTISED September 7 , 2000 RUD FIRST TIME AND ADOPTED ~& f Tc1118c-tL {q , 2000 UNDER AGENDA ITEM NO. V I (!. 3 FOR USE AND RELIANCE ONLY BY THE CITY OF OcOEE, FLORIDA; APP~OVED AS T.O/!O;RM AND LEGALITY this II day of ~~\?-V-, 2000. OR Bk DOgS Pg..19&4 Orange Co FL 2000-0407086 FOLEY ~:;~~ By: City Attorney -5- 006.119229.2 Exhibit A - OR Bk DOgS ~g_ .19~S Oran~e Co FL 2000-0407086 legal Description lat 1, Block 4 and lot 79, Block 3, TOl'iN OF' OeOEr. according to the plot thereof os recorded~ in Plot Book A, Page 100, Public Records of Orange County, Florida. ~ and lots 1 through 25, Block A, MARION PARK, according to the plat thereof as recorded in Plat Book L, Page 48, Public Records of Orange COl:nty, Florida. and Tract No.1: Begin at the Southwest corner of Section 17, Township 22 South, Range 28 East, run North 211.75 feet, thence North 86 degrees 45 minutes East 407 feet, thence South 7.5 feet, thence North 88 degrees East 705 feet, thence South 35 degrees 30 minutes East 309.8 feet to South line of said Section 17, thence west along South line of said Section 17, 0 distance of 1291.; feet to Point of Beginning, and Tract No.2: Begin 211.75 feet North of Southwest corner of Section 17, Township 22 South, Range 28 East, run North 86 degrees 45 minutes East 407 feet, thence South 7.5 feet, thence North 88 degrees East 555 feet, thence North 40 degrees 24 minutes West 316.27 feet to the South line of Block E of Marion Park according to plat recorded in Plat Book L, Page 48, Public Records of Orange County, florida, thence South 89 degrees 31 minutes West 755.9 feet along the South line of said Block E of Marion Pork aforesaid, to the West line of said Section 17, thence South 270.05 feet to the Point of Beginning. CONTAINING 19.586 ACRES MORE OR LESS OVERAlL OR Bk DOgS ~g_ .19~& Orange Co FL 2000-0407086 STATE OF FLORIDA COUNTY OF ORANGE CITY OF OcOEE Recorded - Martha O. Haynie I HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 2000-13 as adopted by Ocoee City Commission at a meeting held on September 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 20th day of September, 2000.