HomeMy WebLinkAbout2018-008 Abandoning and Vacating Portion of South Cumberland Avenue DOCU 20180237168
04/20/2018 11:00:11 AM Page 1 of 4
• Rec Fee: $35.50
Phil Diamond, Comptroller
Orange County FL
MB — Ret To: CITY OF OCOEE
AFTER RECORDING RETURN TO: un
M� IIII 'I III
Melanie Sibbitt, City Clerk
CITY OF OCOEE
150 N.Lakeshore Drive
Ocoee,FL 34761
(407)905-3100
RESOLUTION NO.2018-008 For Recording Purposes Only
(Vacation of Right-of-Way Resolution for S. Cumberland Avenue)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING THAT PORTION OF SOUTH
CUMBERLAND AVENUE, A SIXTY (60) FOOT WIDE PUBLIC
RIGHT OF WAY, LYING BETWEEN THE SOUTHERLY RIGHT
OF WAY LINE OF WEST OHIO STREET AND THE NORTHERLY
RIGHT OF WAY LINE OF WEST DELAWARE STREET, AS
DEPICTED ON THE PLAT OF TOWN OF OCOEE, PLAT BOOK
A, PAGES 100 AND 101 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 portion of S. Cumberland, a sixty (60) foot wide public right of way, lying between the
southerly right of way line of W. Ohio Street and the northerly right of way line of W. Delaware
Street, as depicted on the Plat of Town of Ocoee, Plat Book A, Pages 100 and 101 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"); 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
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 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.
Ei
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 the Roadway.
SECTION 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.
SECTION 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.
SECTION 5. Effective Date. This Resolution shall become effective upon passage
and adoption.
PASSED AND ADOPTED this h day of Ap r,`/ , 2018.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
l&A,..)dMelanie Sibbitt,City. clerk Rusty Johnso a o
(SEAL)
FOR USE AND RELIANCE ONLY BY ADVERTISED APRIL 5,2018
THE CITY OF OCOEE, FLORIDA; READ FIRST TIME AND ADOPTED
APPROVED AS TO FORM AND LEGALITY
this nilay of ft 9-11-. , 20 •Yl��''/ /7 ,2018
UNDER AGENDA ITEM NO. J
SHUFFIELD L•WMAN : IiS��N, P.A.
By: vL...
City 'oar
EXHIBIT "A"
("The Roadway")
ALL THAT PORTION OF S. CUMBERLAND STREET, A SIXTY (60) FOOT WIDE
PUBLIC RIGHT OF WAY, LYING BETWEEN THE SOUTHERLY RIGHT OF WAY
LINE OF W. OHIO STREET AND THE NORTHERLY RIGHT OF WAY LINE OF W.
DELAWARE STREET, AS DEPICTED ON THE PLAT OF MAP OF OCOEE, PLAT
BOOK A, PAGES 100 AND 101 OF THE PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA.
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