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Home My WebLink AboutResolution 99-21 Orange Co FL 2000-0005235 01052000 12:04:41p. DR Bk 5916 Pg 2255 Rec 33.00 TIllS INSTRUMENT PREPARED BY: Martha H. Formella, 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 CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 For Recording Purposes Only RESOLUTION NO. 99 - 21 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THE PORTION OF 30 FOOT ROADWAY ADJACENT TO THE NORTH LINE OF TRACT 7 LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF CLARKE ROAD AND THE WEST 30 FOOT ROADWAY ADJACENT TO THE EAST LINE OF TRACT 7, ORLANDO GROVES ASSOCIATION LAKE LOTTA GROVES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK E, PAGE 52, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. SAID 30 FOOT ROADWAY ADJACENT TO THE NORTH LINE OF TRACT 7 TO EXTEND EASTERLY 30 FEET TO INTERSECT SAID WEST 30 FOOT ROADWAY EXTENDED NORTH 30 FEET; PROVIDING FOR THE RESERVATION OF ~ 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 portion of unimproved unnamed right-of-way lying in Section 21, Township 22 South, Range 28 East described on Exhibit "A" attached hereto and by this reference made a part hereof (Roadway); and DR Bk 59 16 eg_?g;!.~ Orange Co FL ~35 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)(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 -2- DR Bk 5916 eg_?g57 Orange Co FL 2000-0005235 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. Subject to the provision of Section 3 set forth below, the City Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to that portion of unimproved unnamed right-of-way lying in Section 21, Township 22 South, Range 28 East described on Exhibit" A" attached hereto and by this reference made a part hereof "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. -3- DR Bk 59 1 6 E'g _ ?g~!3 Orange Co FL ~35 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 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 2.il:r. day of j)EC.'-t4QE.R.. ,1999. APPROVED: ATTEST: ~A ~'-t) JJLJ..f1.^ dlh.-J Jean Grafton, City Clerk M~l\~"'~ Ga.C6J{ ~c.n.~G j (SEAL) ~ 2F: OCOj' fLORID~ ~("~ '/t:LA~l( S. Scott Vandergrift, Mayor ADVERTISED December 9 ,1999 READ FIRST TIME AND ADOPTED ~~~~MA~~ ~, ,1999 UNDER AGENDA ITEM NO. '"Vi' Pl FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPl\OVED AS TO FORM AND LEGALITY this 1L(day of De(~kKr-, 1999. :~~f1~lfftJt} City Attorney -4- SKETCH AND DESCRIPTION (THIS IS NOT A SURVEY) EXHIBIT "A" ( Page 1 of 2 ) DR Bk 59 1 6 eg _ 2?~C335 Orange Co FL 2000-00052 'MJRSHAJI SUBDlVfSlON PLA T BOOK 3B. PAGE 732 KE'ST OAKS MALL PU. T BOOK 3B. PAGES 2-1 - 28 RETENTION POND N 00.05'37" W 30.00' S 89.45'58" W 677.98' 30' ROADWA Y N 89.45'58" E 647.97' TRACT B TRACT 7 ORLANDO GROVES ASSOCIA nON LAKE LOTTA GROVES PLA T BOOK E. PAGE 52 1 ~ n - OJ ..- ..- co ..- ..- CD co LO ).. ~ Q ~ ::: ::: b "'l to to 0 0 'b 'b 0 0 0 b 0 0 en en '" '" I .... ::l'" ~~ ~~ ~~ .... ~~ ll:l .... ~ a: I" = 100' NORll-I RjW WEST COLONIAL DRIVE (S.R. 50) (R/W VARIES) N 89.48'00" E 30.00' SEE SHEET 2 OF 2 FOR LEGAL DESCRIPTION DATE - 12/10/99 PROJECT NO. 98098 SHEET 1 OF 2 Associated Land Surveying &: Mapping, Inc. 101 WYMORE ROAD. sum: 110. ALTAMONTE SPRINGS. FLORIDA 327H PH (407) 869-5002. F}J( (407) 869-8393 SKETCH AND DESCRIPTION (THIS IS NOT A SURVEY) EXHmIT "A" ( Page 2 of 2 ) DR Bk 5916 eg_?~~9 Orange Co FL ~35 DESCRIPTION OF PROPERTY TO BE ABANDONED/VACATED: That certain property lying in Section 21, Township 22 South, Range 28 East, described as follows: That portion of the 30 foot roadway adjacent to the North line of Tract 7 lying East of the East Right of Way line of Clarke Road and the West 30 foot roadway adjacent to the East line of Tract 7. Orlando Groves Association Lake Lotta Groves, according to the plat thereof as recorded in Plat Book E. Page 52, Public Records of Orange County, Florida. Said 30 foot roadway adjacent to the North line of Tract 7 to extend easterly 30 feet to intersect said West 30 foot roadway extended North 30 feet. ll-IE BEARING SHOWN HEREON ARE BASED ON nlE NORll-I UNE OF SUBJECT PROPERTY BEING N 89.....5' 58" E PER LEGAL DESCRIPTION PROVIDED TO nlE FlRt.A BY CUENT. SEE SHEET 1 OF 2 FOR SKETCH PREPARED BY: ASSOCIAlED LAND SURVEYING &. MAPPING, INC. CERlIFlCA lE OF AUTHORIZA liON L8 #6767 SUR~~n~ARGE DAVID M. McDERIolO1I FLORIDA REGlSlERED SURVEYOR AND MAPPER CERl1F1CATE No. ....719 DAlE - 12/10/99 PROJECT NO. 98098 SHEET 2 OF 2 Associated Land Surveying & Mapping, Inc. 101 WYl.40RE ROAD. SUITE 110, ALTAMONTE SPRINGS. FLORIDA 32714- PH (407) 869-5002, FAX (407) 869-8393 DR Bk 59 16 E'g_?g~~ Orange Co FL ~35 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. 99-21 as adopted by Ocoee City Commission at a meeting held on December 21, 1999 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 December, 1999. ~^..:,,,,,, )-Jt1J.!. u.J MA AN GREEN, ACTING CITY CLERK (SEAL)