HomeMy WebLinkAboutResolution 99-09
-Orange Co FL 1999-0125927
032399 04:1&:2&p.
OR Bk 5710 Pg 3794-
Rec 24.00
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
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 - 09
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING A 47.5 FOOT LONG
SEGMENT OF THE WESTERN THREE FEET OF A TEN
FOOT WIDE UTILITY EASEMENT LYING AND BEING
ALONG THE EASTERN PORTION OF LOT 109,
"COVENTRY AT OCOEE-PHASE 2," ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 27,
PAGE 36, 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 that certain 47.5 foot long segment of the western three feet of a ten foot wide utility
easement lying and being along the eastern portion of lot 109, "Coventry at Ocoee-Phase 2,"
according to the plat thereof as recorded in Plat Book 27, Page 36, of the Public Records of
Orange County, Florida, a legal description and sketch of such portion of the utility easement to
be abandoned and vacated is attached hereto as Exhibit "A" and by this reference made a part
hereof (the "Easement"); 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
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OR Bk 5710 Pg 3795
Orange Co FL 1999-0125927
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 Easement and all owners of the property within three
hundred (300) feet in all directions of the Easement; 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
Easement; 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 COl\1MISSION
OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
1. Authoritv. 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.
2. Abandonment and Vacation of the Easement. The City Commission of the
City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to that
certain 47.5 foot long segment of the western three feet of a ten foot wide utility easement lying
and being along the eastern portion of lot 109, "Coventry at Ocoee-Phase 2," according to the
plat thereof as recorded in Plat Book 27, Page 36, of the Public Records of Orange County,
Florida, a legal description and sketch of such portion of the utility easement to be abandoned
and vacated is attached hereto as Exhibit "A" and by this reference made a part hereof (the
"Easement") .
3. 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.
4. 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.
5. Effective Date. This Resolution shall become effective immediately upon
passage and adoption.
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OR Bk 5710 Pg 379&
Orange Co FL 1999-0125927
PASSED AND ADOPTED this ,,If,dayof AI~A.e..* , 1999.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
;;;;:5 ;vrd
(SEAL)
ADVERTISED M A ~ CUt, , 199;
READ FIRST TIME AND ADOPTED
M ~R.c...~ IL , 1999
UNDER AGENDA ITEM NO. IT A
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED ASJ~O FORM AND LEGALITY
this ~ day of Nl4.~ ' 1999.
FOLE7:J;~
By:
City Attorney
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Exhibit "A"
LcgalDcscription: Porlion or Utility Eascmcnt to bc vacated
Commcncing ,It the Southcast corncr of Lot 109, "Coventry at Ococe - Phase 2", according to the Plat
thereof, as recorded in Plat Book 27, at page 36 of the Public Records of Orange County, Florida; thence
North 0 degrees 06 minutes 05 seconds East, a distance of 52.40 feet; thence North 89 degrees 53 minutes
55 seconus West, a distance of7.00 fcetto the POINT OF BEGINNING; thence continuing North 89
degrees 53 minutes 55 seconds West along said line, a distance of 3.00 feet; thence North 0 degrees 06
minutes 05 seconds East, a distance of 47.50 feet; thencc South 89 degrees 53 minutes 55 seconds East, a
distance of 3.00 feet; thence South 0 degrccs 06 minutes 05 seconds West, a distance of 47.50 feet to the
POINT OF BEGINNING. It is the intent oflhis description to describe that portion of the structure existing
on lot 109 which encroaches into a utility easemcnt on said lot 109.
CUR V, on fA. "HOLE IADIU' ARC rANGE.T CHOR. CHORD 8EA'" NO
C I o,'Ja'",' IS.OO' 11.11' 5.S'" II.ze' N 66"'Z'Ol-"
LOT 102
s 60.
- 40' N
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LOT 108 lJ) \0
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I S TOR Y EXI STt NG ... <:,
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0 RESIDENCE . 2649 .. 0
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0 0 TRACT "8 "
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POINT OF
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----
POINT OF
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OR Bk 5710 Pg 3797
Orange Co FL 1999-0125927
OR Bk 5710 Pg 3798
Orange Co FL 1999-0125927
STATE OF FLORIDA
COUNTY OF ORANGE
CITY OF OCOEE
Recorded - Martha O. Haynie
I HEREBY CERTIFY that the foregoing is a true copy of
Resolution No. 99-09 as adopted by Ocoee City Commission on March 16, 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 16th day of March, 1999.
(SEAL)