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HomeMy WebLinkAboutResolution 94-19 ot'ange Co FL 5019645 10/03/g4 Og:25:24am DR Bk 4803 Pg 251 Rec 42.00 '-' RESOLUTION NO. 94-19 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA ABANDONING AND VACATING THAT CERTAIN PORTION OF REBA AVENUE LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF OCOEE ADJACENT TO APRICOT DRIVE AND BETWEEN LOT 7 OF BLOCK "HA AND LOT 12 OF BLOCK "G" OF OCOEE HILLS, AS RECORDED IN PLAT BOOK "X", PAGE 106 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, SUBJECT TO A DRAINAGE AND UTILITY EASEMENT IN FAVOR OF THE CITY OF OCOEE AS RESERVED HEREIN AND SUBJECT FURTHER TO EXISTING ENCROACHMENTS; RESERVING A DRAINAGE AND UTILITY EASEMENT IN, OVER, UNDER AND UPON THE PORTION OF REBA AVENUE TO BE VACATED; RESERVING A NON- EXCLUSIVE UTILITY EASEMENT IN, OVER, UNDER AND UPON THE NORTH TEN FEET OF THE PORTION OF REBA AVENUE TO BE VACATED; ACKNOWLEDGING CERTAIN ENCROACHMENTS ONTO THE PORTION OF REBA AVENUE TO BE VACATED; 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 portion of Reba Avenue located within the corporate limits of the City of Ocoee adjacent to Apricot Drive and between Lot 7 of Block "H" and Lot 12 of Block ~ "G" of Ocoee Hills, as recorded in Plat Book "X", Page 106 of the Public Records of Orange County, Florida, subject to a drainage and utility easement in favor of the City of Ocoee as reserved herein, OR Bk 4B03 FPg 252 Orange Co L 5019645 ~ subject to a non-exclusive utility easement as reserved herein and subject further to existing encroachments pursuant to a separate easement agreement; a legal description of the street to be abandoned and vacated is attached hereto as Exhibit "A" and by this reference made a part hereof (the "Street"); and WHEREAS, pursuant to Article II of Chapter 153 of the Code of Ordinances of the City of Ocoee, an application has been filed by the City of Ocoee (the "Applicant") to abandon and vacate the Street; and WHEREAS, the Applicant has complied with the provisions of Section 153-10 regarding the provision of certain information in connection with the application; and WHEREAS, the Street is located within the corporate limits of the City of Ocoee; and WHEREAS, pursuant to Section 153-13(D) (1) of the Code of the City of Ocoee notice of the public hearing before the City Commission was provided by regular mail to owners of real property abutting the Street and all owners of property within three hundred (300) feet in all directions of the Street; and WHEREAS, pursuant to Section 153-13(D) (2) of the Code of the City of Ocoee a Notice of Public Hearings was published one (1) ~ time in a newspaper of general circulation in the City of Ocoee; and 2 OR Bk 4803 FPg 253 Orange Co L 5019645 \... WHEREAS, pursuant to Section 153-13(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 Street; 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; and WHEREAS, there is an existing stormwater retention pond located within the Street; and WHEREAS, the City Commission of the City of Ocoee desires to reserve a drainage and utility easement in, over, under and/or upon the Street in connection with the existing stormwater retention pond as well as the right of ingress and egress in, over, under and/or upon the Street for the purpose of maintaining said retention pond and any other utilities which may now or hereafter be located in, over, under and/or upon the Street; and WHEREAS, there are existing underground electric and telephone utility lines located within the North ten feet (10') of the Street; and WHEREAS, the City Commission of the City of Ocoee desires ~ to reserve a non-exclusive utility easement in, over, under and/or upon the North ten feet (10') of the Street in connection with the 3 OR Bk 4803 FPg 254 Orange Co L 5019645 ~ existing underground electric and telephone utility lines as well as the right of ingress and egress in, over, under and/or upon the North ten feet (10') of the Street for the purpose of maintaining such utilities and any other utilities which may now or hereafter be located in, over, under and/or upon the North ten feet (10') of the Street WHEREAS, the City Commission of the City of Ocoee acknowledges that the abandonment and vacation of the Street and the reservation of the drainage and utility easement are subject to existing encroachments onto the Street pursuant to an easement agreement between the City of Ocoee, as grantor, and Chris B. Bode and Sheri L. Bode, as grantee, dated September 6, 1994 and recorded in Official Records Book 4794, Page 2006 of the Public Records of Orange County, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION ONE. 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, Chapter 166, Florida Statutes, and Article II of Chapter 153 of the Code of the City of Ocoee. '-' SECTION TWO. Abandonment and Vacation of the Street. Subj ect to the provisions of Sections Two and Three set forth 4 OR Bk 4803 FPg 255 Orange Co L 5019645 ~ below, the City Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to that portion of Reba Avenue located within the corporate limits of the City of Ocoee adjacent to Apricot Drive and between Lot 7 of Block "H" and Lot 12 of Block "G" of Ocoee Hills, as recorded in Plat Book "X", Page 106 of the Public Records of Orange County, Florida; a legal description of such street to be abandoned and vacated being attached hereto as Exhibit "A" and by this reference made a part hereof (the "Street"). SECTION THREE. Reservation of Drainaqe and Utility Easement. The City of Ocoee hereby reserves to itself and its successors and assigns a drainage and utility easement in, over, under and/or upon the Street in connection with an existing stormwater retention pond located in the Street and any other utilities which may now or hereafter be located in, over, under and/or upon the Street; provided, further, that the reserved drainage and utility easement shall also reserve unto the City and its successors and assigns the right of ingress and egress to and from the Street for the purpose of maintaining said retention pond and any other utilities which may now or hereafter be located in, over, under and/or upon the Street. '-" SECTION FOUR. Reservation of a Non-Exclusive Utility Easement. The City of Ocoee hereby reserves a non-exclusive 5 OR Bk 4803 FPg 256. Orange Co L 5019645 ~ utility easement in, over, under and/or upon the North ten feet (10 I) of the Street in connection with, among other things, existing underground electric and telephone utility lines located in the North ten feet (10') of the Street and any other utilities which may now or hereafter be located in, over, under and/or upon the North ten feet (10') of the Street; provided, further, that the reserved non-exclusive utility easement shall also reserve a non- exclusive right of ingress and egress to and from the North ten feet (10 I) of the Street for the purpose of maintaining such utilities. SECTION FIVE. Acknowledcnnent of Existinq Encroachments. The City of Ocoee hereby acknowledges that the abandonment and vacation of the Street and the reservation of the drainage and utility easements as set forth above are subject to the certain existing encroachments into the Street pursuant to that certain easement agreement between the City of Ocoee, as grantor, and Chris B. Bode and Sheri L. Bode, as grantee, dated September 6, 1994 and recorded in Official Records Book 4794, Page 2006 of the Public Records of Orange County, Florida. SECTION SIX. 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. 6 OR Bk 4803 Pg 257 Orange Co FC 5019645 ~ SECTION SEVEN. 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 SEVEN. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this c;)od. day of S.s-Prt-t17d3eA.. , 1994. APPROVED: Clerk CITY OF OCOEE, FLORIDA :5- 5:J.zr~~ S. Scott Vandergri1t Mayor ATTEST: ( SEAL) ADVERTISED September 8 , 1994 R~D FIRST TIME AND ADOPTED Glft::m RJ~ .J(.) , 1994, UNDER AGENDA ITEM NO. 'Y.. Go FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA AP~ROVER AS TO FO~a~ t!~ALITY th1S~ day Of~, 1994. FOLEY 'jZDNER J' /7 !, (I (; 7'. /J/ ~;~. -ff- /. By: tv..X ~~ City Attorney ~ C:\WPSIIOOCS\OCOEElRESOLlTT .102: 91161<J411BWOl S I SWZ:dp 7 LEGAL DESCRIPTICN EXHIBiT sA' OR Bk 4803 Pg 258 Orange Co Fe 5019645 That part of Reba Avenue lying west at Lot 12. Block G and east of Lot 7, Block H per OCOEE HILLS os recorded in Plot Book X, Page 106 of the Public Records of Orange County, Florida more particularly described as follows: Beginning at the southwest corner of said Lot 12, Block G; thence S90'OO'OO.W a distance of 60.00 feet to the southeast corner of said Lot 7. Block H and the beginning of a curve concave to the southwest, having a radius of 202..31 feet, a central angle of 32"56'15. and a chord of "4.71 feet that bears N16"2a',,-W, run northwesterly 116.30 feet along the arc of said curve also being the easterly line of said Lot 7, Block H and the westerly right of way line of said Reba Avenue to the northeast corner of said Lot 7, Block H; thence N90-o0'OO.E a distance of 68.3.3 feet to the northwest corner of said Lot 12. Block G and the beginning of 0 curve concave southwesterly, having a radius of 262.31 feet, a central angle of 24.47'.39. and a chord of 112.6.3 feet that bears S12"24'09-E, run southerly 11.3.51 feet along the arc of said curve also being the westerly line of said Lot 12, Block G and the easterly right of way line of said Reba Avenue to the Point of Beginning. Containing 0.16 acres more or less. ~ ~ I 6 NORtHEAST CORNER OF LOT 7. BLOCK H I 1 NORTHWEST CORNER OF LOT 12. BLOCK G N90.00'00-E 68.3.3' " N90'OO'OO"E 105.59' -,,- 6' unuTY EASEMENT PER PLAT N90'00'OO"E 60.8.3' ; 6' UnUTY EASEMENT PER PLA r BLOCK H L=113.51. '0 LOT 7 REBA R=262..31' 0 ~=24.47'39- ci EASTERL Y UNE OF LOT 7 A VENUE - CH ORD= 11 2.63' 8 .w L=1 1 6.30' C8=S12~4'09-E 11 '0 R=202.31 ' 0 60' RIGHT OF WAY 0 ~=32.56'1 5- PER PLAT 0 LOT 12 0 0 CHORD=114.71' z ~ STATE OF FLORIDA COUNTY OF ORANGE CITY OF OCOEE OR Bk 4803 Pg 259 Orange Co FL 5019&45 Record Verified - Martha O. Haynie I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF ~ Resolution No. 94-19 adopted by the City of Ocoee Board of City Commissioners at a Regular Meeting held on September 20, 1994, 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 29th day of September, 1994. :" ,"'" .. '~SEAL) ,~. '", t J \...