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Home My WebLink About2017-010 Resolution Correcting Vacation of Right of Way Reso for Azalea Ranch Lane and Johio Shores Rd PREPARED BY: Dana Crosby Collier Shuffield,Lowman&Wilson,P.A. 1000 Legion Place Suite 1700 DOC 20170256624 05/09/2017 12:30:57 PM Page 1 of 10 Orlando,Florida 32801 Rec Fee: $86.50 Phil Diamond, Comptroller Orange County FL AFTER RECORDING RETURN TO: MB - Ret To: CITY OF OCOEE Melanie Sibbitt,City Clerk CITY OF OCOEE 1111Ing;11111;11115111111 150 N.Lakeshore Drive Ocoee,FL 34761 (407)905-3100 CORRECTIVE RESOLUTION NO.2017-010 (CORRECTING Vacation of Right of Way Resolution for Azalea Ranch Lane and a portion of Johio Shores Road, RESOLUTION 2016-008, which is recorded at document 20160307262, public records of Orange County,Florida) A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, CORRECTING THAT CERTAIN RESOLUTION ADOPTED BY THE CITY COMMISSION ON JUNE 7, 2016 AND RECORDED AT DOCUMENT 20160307262, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; ABANDONING AND VACATING A SIXTY (60) FOOT WIDE PUBLIC RIGHT OF WAY KNOWN AS AZALEA RANCH LANE LYING SOUTH OF LOTS 10, 9, 8, 7, 6, 5 & TRACT A, JOHIO BAY SUBDIVISION, BEING BOUNDED TO THE EAST BY THE WEST RIGHT OF WAY LINE OF JOHIO SHORES ROAD AND BEING BOUNDED TO THE WEST BY THE EASTERLY LINE OF THE VACATED AZALEA RANCH LANE; AND ABANDONING AND VACATING A PORTION OF SIXTY (60) FOOT WIDE PUBLIC RIGHT OF WAY KNOWN AS JOHIO SHORES ROAD, BEING BOUNDED TO THE NORTH BY NORTHERLY LINE OF AZALEA RANCH LANE AND BEING BOUNDED TO THE SOUTH BY NORTH RIGHT OF WAY LINE OF W. SILVER STAR ROAD (SR 438), ALL BEING PART OF LAKE JOHIO SHORES, A PORTION OF SECTION 16, TOWNSHIP 22 SOUTH, RANCH 28 EAST, PER PLAT BOOK Q, PAGE 54, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 7, 2016, the City Commission of the City of Ocoee held a duly noticed public hearing and approved Resolution 2016-008, abandoning and vacating that portion of Azalea Ranch Lane, a sixty (60) foot wide public right of way, lying south of lots 10, 9, 8, 7, 6, 5 & Tract A, Johio Bay Subdivision, being bounded to the east by the west right-of-way line of Johio Shores Road and being bounded to the west by the easterly line of the Vacated Azalea Ranch Lane, as depicted on the Plat of Lake Johio Shores, Plat Book Q, Page 54 of the Public Records of Orange County, Florida, a legal description of such right-of-way to be abandoned and vacated is attached hereto as Exhibit "A" and by this reference made a part hereof (the "Roadway A"); and WHEREAS, on June 7, 2016, the City Commission of the City of Ocoee held a duly noticed public hearing and approved Resolution 2016-008, abandoning and vacating that portion of Johio Shores Road, a sixty (60) foot wide public right-of-way, being bounded to the north by the northerly line of Azalea Ranch Lane and being bounded to the south by the north right-of- way line of W. Silver Star Road (SR 438), as depicted on the Plat of Lake Johio Shores, Plat Book Q, Page 54 of the Public Records of Orange County, Florida, a legal description of such right-of-way to be abandoned and vacated is attached hereto as Exhibit"B" and by this reference made a part hereof(the "Roadway B"); and WHEREAS, on June 14, 2016, Resolution 2016-008 was recorded at document 20160307262, public records of Orange County, Florida; WHEREAS, document 20160307262, as recorded in the public records of Orange County, is incomplete and was inadvertently recorded without the inclusion of Exhibit "A" and Exhibit"B"; and 2 WHEREAS, this Corrective Resolution is a title curative effort which will serve to resolve an issue that is currently an impediment to a title transfer and it is in the best interest of the public to assist in such efforts. 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 Corrective 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. On June 7, 2016, the City Commission of the City of Ocoee, Florida, held a duly notice public hearing and approved abandoning, vacating, and renouncing any rights in and to Roadway "A" and Roadway "B", described respectively in Exhibit"A"and Exhibit"B", attached hereto. SECTION 3. Recordation. A certified copy of this Corrective Resolution, including Exhibit "A" and Exhibit "B", shall be filed with the Orange County Comptroller and duly recorded among the Public Records of Orange County, Florida. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Corrective 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 5. Effective Date. This Corrective Resolution shall become effective upon passage and adoption. 3 PASSED AND ADOPTED this o(5 day of ni , 2017. APPROVED: ATTEST ,; CITY OF OCOEE,FLORIDA , .3 ' , 0 —,-!" - ,:',#0:-• ' l k 0 , C�4 Me,. it f ' i1y C , Rusty John'o j ayor t `Jr d A' f 4 = el,, it 4'4 ,cif+ READ AND ADOPTED ' r r a t-, r'+t �..! �._ V7,4 y 2 ,2017 .,. UNDER J I Lj_'RGENCY ITEM 1. , FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA APPROVED AS TO FORM AND LEGALITY on this l^1, day of MI/ , 2017. SHUFFIELD, LOWMAN & WILSON P.A. By: •,.. 0, v. r-------) ott . ,•T,n, Ci • ' ney 4 EXHIBIT "A" (the "Roadway A") 1 } { DESCRIPTION: A PORTION OF AZALEA RANCH LANE. A 60' WIDE RIGHT OF WAY PER THE PLAT OF LAKE JOHIO SHORES, RECORDED IN PLAT BOOK Q. PAGE 54, PUBUC RECORDS OF ORANGE COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT SOUTHEAST CORNER OF TRACT "A", JOHIO BAY SUBDIVISION, RECORDED IN PLAT BOOK 28, PAGE 3. PUBUC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE ALONG THE EXTENDED WEST RIGHT OF WAY UNE OF JOHIO SHORES DRIVE RUN SOUTH 00'24'30" WEST, A DISTANCE OF 60.00 FEET; THENCE DEPARTING SAID EAST EXTENDED RIGHT OF WAY UNE AND ALONG THE SOUTH RIGHT OF WAY UNE OF AZALEA RANCH LANE. RUN NORTH 90'00'00" WEST. A DISTANCE OF 598.73 FEET; THENCE DEPARTING SAID SOUTH RIGHT OF WAY UNE. RUN NORTH 0024129" EAST, A DISTANCE OF 60.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY UNE OF SAID AZALEA RANCH LANE; THENCE ALONG SAID NORTH RIGHT OF WAY LIVE RUN NORTH 90'00'00" EAST, A DISTANCE OF 598.73 FEET TO THE POINT OF BEGINNING. CONTAINING 35.911 SQUARE FEET OR 0.82 ACRES. MORE OR LESS. - THIS IS A SKETCH AND DESCRIPTION AND IS NOT A SURVEY, AS SUCH. SHEET 1 OF 2 SEE SHEETS 2 OF 2 FOR SKETCH BEARINGS SHOWN HEREON ARE BASED ON THE WEST 1. THE SURVEYOR HAS NOT ABSTRACTED THE RIGHT OF WAY UNE OF JOHIO SHORES DRIVE AS BEING LAND SHOWN HEREON FOR EASEMENTS, RIGHT S002443014W, PER PLAT. OFWAY. RESTRICTIONS OF RECORD WHICH MAY SKETCH OF DESCRIPTION AFFECT THE TITLE OR USE OF THE 1 \ LAND 2. NO I ,VE BEEN LOCATED. NOT wip i ,{ WEN= PROPOSED VACATING PORTION OF AZALEA RANCH LANE ELE � - `} ��!AU ri SEO LAKE JONIO SHORES r . i. ';' PLAT BOOK O.PAGE 54 ..// ! 4, ••:: T .. O<t�s�AGES NOT ORANGE COUNTY. FLORIDA MORON 16-22-28 A M R i c N I • DATE 06-23-15 REVISED: �+ . F. N/A CCNHD Ts PER WENT S U FtV EYI N G � " APPRoveD Br. Dmf gm comm 8Ls MAPPING INC. ;o sZ1+TEaF ';rn DRAWN BY GIF CER11F1CATION OF AL IHORIZAIKLN NUMBER L8/I393 3191 MAGUIRE BOULEVARD. suer 200 JOB N0. 61403/4031102 AZALEA ORLANDO, FLORID JAMESS°'O Sas' BRANCH LANE SOD.dwg WAWAMEIRCLUnE tgAgriOMMPINO.COM DATE: � �'' t SKETCH OF DESCRIPTION: PROPOSED VACATING PORTION OF AZALEA RANCH LANE LAKE JOHIO SHORES PLAT BOOK Q,PAGE 54 ORANGE COUNTY,FLORIDA SECTION 16-22-28 1 1 1 i f` 1 1 1 WI 1 ZI LOT 31 D. F 1-1 .iF gx 3I . I i 1 1 I 1 �w ; 1 /A.¢ I I I I I l EI 6 `\, LOT 10 I LOT 9 I LOT 8 I LOT 7 I LOT 6 I LOT 5 I i O ' I r . I J0100 BAY I I `I : MARCH MNEN COURT, S9Q'00 00 C 1 1 598.73' ' l 1 PRIVATE ROADWAY; AZALEA RANCH LANE '-NORTH RIGH1 OF WAY UNE 13 1 PAC -----''' N00"24'29"E 60' RIGHT OF WAY PER POINT OF BEGINNING S vit 60.00' LAKE JOHIO SHORES SOUTHEAST CORNER r '11 P.B. Q. PAGE 54 TRACT "A" r i; 4-SO1JTH RIGHT OF WAY LINE 8 + t W w N90'00'00"W 598.73' In a'L 1 I 1 0 N LAKE J0 01 SHORES ! Di 1 I IIS a P.B. Q. PAGE 54 r d 1 I scc r . I I 1 1 i 1 OE e II r I s. r I I 1 1 r 1111111 aWMN��1p"��100' : SCAT F SHEET 2 OF 2 0 50' 100' SEE SHEET 1 OF 2 FOR DESCRIPTION { t, i\L t K 1 LEGEND: DATE: O6-23-15 REVISED: AME Ft.1 CA N P.B. PLAT BOOK yGN r. 1" - 100' maims PER (t ENT S Li RV EY I NIG PG9 PAGES ORI 06.20-18 8c MAPPING INC. APPROVED BY DRAWN BY GHF CFRTFICATION OF AUTHORIZATION NUMBER LB/9393 3191 MAOUNE BOULEVARD.SUITE 200 JOB NO. ORLA(NDO.)FLORIDA 321103 IINMLAMENCANSUR E8NO�ANDLGPPING.COM EXHIBIT "B" (the "Roadway B") 2 DESCRIPTION: A PORTION OF JOHIO SHORE DRIVE, ALSO KNOWN AS COUNTY ROAD. LAKE JOHIO SHORES, RECORDED IN PLAT BOOK Q, PAGE 54. PUBUC RECORDS OF ORANGE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT SOUTHEAST CORNER OF TRACT "A". JOHIO BAY SUBDIVISION, RECORDED IN PLAT BOOK 28, PAGE 3, PUBLIC RECORDS OF ORANGE COUNTY. FLORIDA; THENCE NORTH 9000'00" EAST, A DISTANCE OF 81.70 FEET; THENCE SOUTH 0024'40" WEST, A DISTANCE OF 213.54 FEET; THENCE SOUTH 4819'05" EAST, A DISTANCE OF 78.74 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE NORTHWESTERLY, BEING ALSO A POINT ON THE NORTH RIGHT OF WAY UNE STATE ROAD 438. HAVING A RADIUS OF 828.74 FEET, A CENTRAL ANGLE OF 12'45153" AND A CHORD DISTANCE OF 184.25 FEET WHICH BEARS SOUTH 5016120" WEST; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE. AND ALONG THE NORTH RIGHT OF WAY UNE OF STATE ROAD 438. A DISTANCE OF 184.63 FEET TO A POINT ON SAID CURVE; THENCE DEPARTING SAID NORTH RIGHT OF WAY UNE OF SAID STATE ROAD 438, RUN NORTH 0074130" EAST. A DISTANCE OF 383.67 FEET TO THE POINT OF BEGINNING. CONTAINING 32,196 SQUARE FEET OR 0.74 ACRES, MORE OR LESS. THIS IS A SKETCH AND DESCRIPTION AND IS NOTA SURVEY, AS SUCH. SHEET 1 OF 2 §: SEE SHEETS 2 OF 2 FOR SKETCH { BEARINGS SHOWN HEREON ARE BASED ON THE WEST 1. THE SURVEYOR HAS NOT ABSTRACTED THE RIGHT OF WAY UNE OF JOHN" SHORES DRIVE AS BEING LAND SHOWN HEREON FOR EASEMENTS, RIGHT NOO74'30"E, PER PLAT. OF WAY, RESTRICTIONS OF RECORD WHICH MAY AFFECT THE TITLE OR USE OF 1HE LAND SKETCH OF DESCRIPTION 2. NO IMPROVMENTS HAVE BEEN LOCATED. OF 3. NOT VALLA) WITHOUT THE SIGNATURE AND PROPOSED VACATING OF RIGHT OF WAY TELE ORIGINAL�'?'.' OFpEAR,FLORIDA JOHIO SHORES DRIVE(ALA.COUNTY ROAD) Cfli D �' w '�Oppy PAGES NOT PLAT BOOK CL PAGE 54 J DRAN6E COINIIY,FLORIDA SECTION 1622-28 FULL OR, 1. Ibl 4►S DA '_1s ' A M la R 1 CAN 1:( �).''' ,4*Nr PI: SCM a COMM N/A ENTS PER WENT S U F f EY T N G s>` ' t 9x41,6 f� t APPROVEDBY oRH 05-20-16 &MAPPING INC. = . - DRAWN BY: GH OF AUTHORIZAAON N JI1 ER LB/6Jp3 / , SSA �, ammeterAOUIRE BOULEVARD. SUITE 200 .c�r.B.il�sa�4ff_/ JOB LAO Q�03 X031102 AZALEA rt ORLA((N�DO. FLORIDA 32503 JAMES,"/:,_112-�v P Ri LANE SOD dWq Www.ALERICA 44ta EY NGANDMAPPwacoLL DATE: : /141 c* , _ SKETCH OF DESCRIPTION: PROPOSED VACATING OF RIGHT OF WAY LAKE JOHIO SHORES P.8.Q.PAGE 54 ORANGE COUNTY,FLORIDA SECTION 16-22-28 II I I I 1 1 I I I I i I I , I 1 I I 1 II LOT 8 I LOT 7 I LOT 6 I LOT 5 TRACT"A" I � RETENTION � PAGE O I I N"� 000"E t I I I I ' ' • likii AZALEA RANCH LANE 1 60' RIGHT OF WAY PER POINT OF BEGINNING ' ' "i in ` ' 1" - 100' LAKE JOHIO SOUTHEAST CORNER ,{ I r7 Gf1I1PHII 'arSCALE P.B. Q, PAGE 54 TRACT A f •� N 0 a N ., IP g i. i ;, IS Pi co # I �I- 0 ,% .. a 1 10 V) . / . Iz s� % E , .. T! 1 3 LAJy �1 ..> /49' j o ' g. �., LOT 14 f7 LAKE JOHIO SNORES ti I P.B. Q. PAGE 54 O • �; POC p $1 1 14. 1 R=828.74' I IX12'45'53" } =184.63' C8=S5016'20"W , �� ;POC CH=184.25' e ``i'� S . R . 438 A.K.A. SILVER STAR ROAD ,�- RIGHT CF WAY WIDTH VARIES SHEET 2 OF 2 -�- SEE SHEET 1 OF 2 FOR DESCRIPTION LEGEND: A() i \ r\ .: P.B. PLAT PAGES BOOK DATE: 09-25-15 Rte: AMERICAN RTIURAL ANGLE SCALE. 1_ 100' COMMENTS PER CUENT SURVEY I N G APPROVED BY: DRH 05-20-16 8t MAPPING INC_L ARC LENGTH CB CHORD BEARING CERTIFICATION OF AUTHORIZATION NUMBER CH CHORD DISTANCE DRAM BY: CHF 3191 MAGUIRE BOULEVARD.SUITE 200 3 (NR) NOT RADIAL ,TOB N0. 6:403/4031102 AZALEA ORLANDO. 4 � POC POINT ON A CURVE BRANCH LANE SOD.dwg AMp� COY