HomeMy WebLinkAbout2018-009 Abandoning and Vacating Five-Foot Utility Easement Lot 1, Lake Bennet Centre Replat DOCK 20180237169
04/20/2018 11:00:11 AM Page 1 of 4
Rec Fee: $35.50
Phil Diamond, Comptroller
Orange County FL r,
MB — Ret To: CITY OFOCOEE
AFTER RECORDING RETURN TO: 1111 IVREINMIIIII
Melanie Sibbitt,City Clerk
CITY OF OCOEE
150 N.Lakeshore Drive
Ocoee,FL 34761
(407)905-3100
For Recording Purposes Only
RESOLUTION NO.2018-009
(Vacating a five(5) foot Utility Easement for Lot 1,Lake Bennet Centre Replat)
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A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING AN EASTERN FIVE (5) FOOT
UTILITY EASEMENT, LOCATED ON THE EAST SIDE OF LOT 1,
LAKE BENNET CENTRE REPLAT, RECORDED IN PLAT BOOK 42,
PAGE 36 - 37 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 a
the eastern five (5) foot wide Utility Easement located on the eastern side lot line of Lot 1, Lake
Bennet Centre Replat, Plat Book 42, Page 36 - 37 of the Public Records of Orange County,
Florida, a legal description of such easement to be abandoned and vacated is attached hereto as
Exhibit"A" and by this reference made a part hereof(the "Easement"); 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
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Notice of Public Hearing before the City Commission was provided by regular mail to owners of
A-1
real property abutting the Easement and all owners of the property within three hundred (300)
feet in all directions of the Easement; 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 Lot
containing the Easement; 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.
SECTION 2. Abandonment and Vacation of the Easement. The City
Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in
and to the portion of Easement.
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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.
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SECTION 5. Effective Date. This Resolution shall become effective upon passage
and adoption.
PASSED AND ADOPTED this /'7tay of 497-// , 2018.
is
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt,City Clerk 'usty Johnso
(SEAL) _
ADVERTISED APRIL 5,2018
READ,
FIRST TIME AND ADOPTED
FOR USE AND RELIANCE ONLY BY r/7 /`x ,2018
AGENDA ITEM NO. %5
THE CITY OF OCOEE, FLORIDA; UNDER
APPROVED AS TO FORM AND LEGALITY
this II Ptday of Prrti L ,
SHUFFIELD, LOWMAN $WILS.QN, P.A.
By: l��
City
EXHIBIT "A"
(the "Easement")
A 5.0 FOOT PUBLIC UTILITY EASEMENT ALONG THE EASTERN BOUNDARY OF
LOT 1, LAKE BENNET CENTRE REPLAT.