HomeMy WebLinkAboutResolution 99-08
Orange Co FL 1999-0081059
02/23/99 03:5&:21~
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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. 99 - 08
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING THE PORTION OF
RICHMOND AVENUE RIGHT-OF-WAY LYING SOUTH OF
THE SOUTHERN RIGHT-OF-WAY LINE OF THE
PROPOSED RELOCATED MAINE STREET AND NORTH
OF THE EXISTING NORTH RIGHT-OF-WAY LINE OF
STATE ROAD 50, LOCATED WITHIN THE CORPORATE
LIMITS OF THE CITY OF OCOEE WITHIN SECTION 20,
TOWNSIDP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA; PROVIDING FOR THE
RESERVATION OF A PUBLIC UTILITY EASEl\1ENT;
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 Richmond Avenue right-of-way, lying south of the southern right-of-way
line of the proposed Relocated Maine Street and north of the existing north right-of-way line of
State Road 50, located within the corporate limits of the City of Ocoee within Section 20,
Township 22 South, Range 28 East, Orange County, Florida, a legal description of such right-of-
006.125876.2
way to be abandoned and vacated is attached hereto as Exhibit "A" and by this reference made a
part hereof (the "Roadway"); and
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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)(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 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
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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
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the City of Ocoee Comprehensive Plan. Orange Co FL 1999-0081059
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 Richmond
Avenue right-of-way south of the southern right-of-way line of the proposed Relocated Maine
Street and north of the existing north right-of-way line of State Road 50, a legal description of
such roadway to be abandoned and vacated is attached hereto as Exhibit "A" and by this
reference made a part hereof (the" Roadway"). As of the effective date of this Resolution, the
southern right-of-way line or the proposed Relocated Main Street has not been fmalized;
however, said right-of-way line will be south of the existing Main Street. At such time as the
southern right-of-way line of the proposed Relocated Main Street is established by the City, the
Mayor and City Clerk are hereby authorized and directed to record in the Public Records of
Orange County, Florida, a "Notice of Establishment of Right -of-Way for Relocated Main Street"
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006.125876.2
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which notice will set forth the final right-of-way of Relocated Maine Street (the "Notice"). Upon
recording of the Notice, all reference herein to "the southern right-of-way line of the proposed
Relocated Maine Street" shall be deemed to refer to the southern right-of-way line of Relocated
Maine Street as set forth in the Notice.
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.
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.
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006.125876.2
PASSED AND ADOPTED this llAnlday of FE~RU~t\.'" 1999.
APPROVED:
(SEAL)
ADVERTISED 1="15 &A.uPlay 40 , 1999
READ FIRST TIME AND ADOPTED
F s t\ , U P\ 1\ Y I L, , 1999
UNDER AGENDA ITEM NO. VT a
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this J1L day of Feb(VU(7' 1999.
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~~LEr1~~Jtd
City Attorney
006.125876.2
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EXHIBIT "A"
That portion of Richmond Avenue right-of-way lying south of the southern right-of-way line of
the proposed Relocated Maine Street and North of the existing North right-of-way line of State
Road 50, located in Section 20, Township 22 South, Range 28 East, Orange County, Florida,
said description expressly excluding the existing Maine Street right-of-way.
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006.125876.2
STATE OF FLORIDA
COUNTY OF ORANGE
CITY OF OCOEE
I HEREBY CERTIFY that the foregoing is a true copy of
Resolution No. 99-08 as adopted by Ocoee City Commission on February 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 February, 1999.
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Recorded - Martha O. Haynie