The URL can be used to link to this page

Home My WebLink AboutResolution 99-01 -A.,......,..,.. " 006.119229.2 Orange Co FL 1999-0010247 01/08/99 01:15:50pm OR Bk 5655 Pg 4300 1 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. 99 - 01 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THE NORTHERN FORTY (40) FEET OF THAT PORTION OF OAKLAND AVENUE, AN 80 FOOT WIDE UNIMPROVED PUBLIC RIGHT OF WAY, LYING SOUTH OF AND ADJACENT TO LOTS 25 AND 26 SIM'S SUBDMSION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK F, PAGE 126, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, SAID RIGHT OF WAY LYING AND BEING IN SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COtJNTY, 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 northern forty (40) feet of that portion of Oakland Avenue, an 80 fQot wide unimproved public right of way, lying South of and adjacent to Lots 25 and 26 SIM's OR Bk 5655 Pg 43002 Orange Co FL 1999-0010247 Subdivision, according to the plat thereof as recorded in Plat Book F, Page 126, of the Public Records of Orange County, Florida, said right of way lying and being in Section 18, Township 22 South, Range 28 East, Orange County, Florida (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 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 006.119229.2 -2- OR Bk 5655 Pg 43003 Orange Co FL 1999-0010247 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 fmds that said application and supporting documents are in accordance with the requirements of Article IT 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 IT of Chapter 153 of the Code of the City of Ocoee. SECTION 2. Abandonment and Vacation of the Roadwav. The City Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to the northern forty (40) feet of that portion of Oakland Avenue, an 80 foot wide unimproved public right of way, lying South of and adjacent to Lots 25 and 26 SIM's Subdivision, according to the plat thereof as recorded in Plat Book F, Page 126, of the Public Records of Orange County, Florida, said right of way lying and being in Section 18, Township 22 South, Range 28 East, Orange County, Florida (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 006.119229.2 -3- OR Bk 5655 Pg 43004 Orange Co FL 1999-0010247 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. PASSED AND ADOPTED this s'Lday of ~-:"LlUA-~_' 1999. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA ~oo~ 006.119229.2 -4- (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORJDA; APPROVED AS TO FORM AND LEGALITY this rday ofJ&1\Ja'7 ,1999. FOLEY & LARDNER By: CJd~~ City Attorney 006.119229.2 OR Bk 5655 Pg 43005 Orange Co FL 1999-0010247 ADVERTISED December 24 , 1998 READ FIRST TIME AND ADOPTED -1" /rtJu trI-'1m oJ , 1999 UNDER AGE A ITEM NO. yr: 'B . -5- OR Bk 5655 Pg 43006 Orange Co FL 1999-0010247 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. 99-01 as adopted by Ocoee City Commission on January 5, 1999, the original of which is on file in my office. IN WITNESS WHEREOF, I hereby set my hand and cause the s~~rQftlie City of Ocoee to be affixed on thi~;,~ili;;a~'01,{~~~a:y ? J?99. .l:i!~:~~tlr!