HomeMy WebLinkAboutResolution 2000-11
Orange Co FL 2000-0407087
09262000 11:02:18a.
OR Bk 609S Pg 1067
Rec 28.50
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 - 11
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING A 25 FOOT WIDE
UNIMPROVED PUBLIC RIGHT-OF-WAY LYING EAST
OF LOTS 21 AND 22 AND SOUTH OF LOT 22, ROSE HILL
GROVES AS RECORDED IN PLAT BOOK H, PAGE 146,
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 the 25 foot wide unimproved public right-of-way lying east of Lots 21 and
22 and south of Lot 22, Rose Hill Groves as recorded in Plat Book H, Page 146, 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
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
OR Bk 609S Pg 1068
Orange Co FL 2000-0407087
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-
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.
OR Bk 609S Pg 1 q69
Orange Co FL 2000-0407087
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 25 foot wide unimproved public right-of-way lying east of Lots 21 and 22 and
south of Lot 22, Rose Hill Groves as recorded in Plat Book H, Page 146, 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-
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 J 9 \ay of S6 pr6M~ 2000.
APPROVED:
CITY OF OCOEE, FLORIDA
(0
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<~ ~t/ !4jL\.~
S. Scott Vandergrift, Mayor \ :{
ATTEST:
(SEAL)
ADVERTISED September 7 , 2000
READ FIRST TIME AND ADOPTED
S!;PT6 ~8&f( /1 ,2000
UNDER AGENDA ITEM NO. V l e. 1
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APP~pVED A~RM AND LEGALITY
this 1i day of ~ 2000.
FOLK'!t LARD~R_ J / !J
By: r J ')1 Lf14.J:t;;f
City Attorney
OR Bk 609S E'g_1 970
Orange Co FL 2000-0407087
-4-
.1Il0TES:
1. THIS SURVEY WAS PREPARED FROM TITLE INFORMATION FURNISHED TO THIS SURVEYOR THERE MAY BE OTHER RESTRICTIONS OR
UNRECORDED EASEMENTS THAT AFFECT THIS PROPERTY.
2. NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN.
3. THIS SURVEY IS PREPARED FOR THE SOLE BENEFIT OF THOSE CERTIFIED TO AND SHOULD NOT BE RELIED UPON BY ANY OTHER ENTITY.
~ 4. DIMENSIONS SHOWN FOR THE LOCATION OF IMPROVEMENTS HEREON SHOULD NOT BE USED TO RECONSTRUCT BOUNDARY LINES.
5. BEARINGS ARE BASED ON RECORD PLAT DATUM AND ON THE liNE SHOWN AS BASE BEARING (BB).
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OR Bk 6 S Pg 1 97 1
Orange Co FL 2O()()-()407087
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CERTIFIED TO:
VILLAGE CONSTRUCTION. L TO.
CITY OF OCOEE. FLORIDA
Exhibit A
ROSE HILL PHASE
(P.8. 16, PG, 34-35;
N 89.54'39"E 334.19'
NOT PLATTED
LEGEND
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DESCRIPTION: THAT CERTAIN 25 FOOT RIGHT .OF.WAY LYING EAST OF LOT::i 21 & 22 AND SOUTH OF LOT 22, ROSE HILL GROVES AS RECORDED IN PLAT BOO~
PAGe 146. OF THE PUBl.IC RECO~DS OF ORANGE COUNTY, FLORIDA, Mor~E PARTICULARLY DeSCRIBED AS FOL.LOWS: BEGIN AT TI;E NORTHEAST CORNER C,
SAIl) LOT 21: THEtlCE: RUN S.CO'OS'21"W. ALONG THE E.'ST LINe OF SAIO I.OTS 21 ~J'lO 22, A DISTANCE OF 1265.99 FEET TO THE SOUTHEAST CORNeR OF SAID
LOT 21; THENCE RUN S.99'S,':WW.. ALONG Trlt SOUHI LINE THERt':."'JF, A l)iSTANC,;E OF 3O'J.17 Fer.T TO TH!: SOUl tlWEST CO.1NER O~ S/\ILl '.OT n. TH~W'E
RUN S.OO.07'25"'VJ.. A FJIST A,'1CE Oi' 1S.C( FEeT TC THE SQUTH LIt-lE OF THE NORTHEAST 1/~ OF S~'::TION 21, TOWNSHIP 22, SOUTH. RANCE 28 EAST, THEN';E
RUN N.6S'54'39"E., ..LONG SAID SC,UTrI L:i~E A D:::iTAI,CE Of' '::34.19 F;:ET: TOTHE WeST LINE OF ROSE "IILL Pt-'.ASE II, A::i RECORDED IN PLAT BOOK 16, PAGES
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HILL SECTION Ul. AS .:ECORDt':D IN PLAT BOOI, 18, PAGE 97, OF THE PUOL:C RECORDS Of ORANGE COUNTY. FLORIDA; A DISTANCe OF 1290.~9 fEET TO THe
SOUTH RIGH"i.QF.IiIIA'r 0,' WHITE ROAD: THENCE RUN S.39'5S'05"W., A D:STANCE OF 25.CO FEET TO THE ?OIN'T OF ~EC;INI'IING
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- M~ I~ACKS rSM t
JOB NO.. 00-001A
DATE:
FIELD: N/A
SIGNED' 12.27-99
DRAWN BY: JWJ
P.C. : N!A
U\ND
SURVf.YOHS
LB 4565
109 WEST ORANGE STREET
ALfAMONfE SPRINGS, Fy--
32714 --
PH (407)696-1155 \
STATE OF FLORIDA
COUNTY OF ORANGE
CITY OF OCOEE
OR Bk 609S E'g_1 072
Orange Co FL 2000-0407087
Recorded - Martha O. Haynie
I HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 2000-12 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.