The URL can be used to link to this page

Home My WebLink About2007-001 Vacating ROW Unnamed Road Between West Ave. & Spring Ave. 1III1 II III II III II III II III m 1111111111 M 1111" II11III1 THIS INSTRUMENT PREPARED BY: I STR 20070091190 R BK 09108 PG 1022 PGS=5 MARTHA O. HAYNIE, COMPTROLLER ORANGE COUNTY, FL 02/09/2007 11:17:57 AM REC FEE. 44.00 Nicholas N. Palmer, Esq. FOLEY & LARDNER LLP III North Orange Avenue, Suite 1800 Orlando, FL 32801-2386 (407) 423-7656 AFTER RECORDING RETURN TO: Beth Eikenberry, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive .~coee, FL 34761 (407) 905-3100 For Recording Purposes Only RESOLUTION NO. 2007-001 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING ITS INTEREST IN AND TO THAT PORTION OF THAT CERTAIN UNNAMED THIRTY (30) FEET WIDE PUBLIC RIGHT OF WAY, LYING BETWEEN THE EASTERLY RIGHT OF WAY LINE OF WEST AVENUE AND THE WESTERLY RIGHT OF WAY LINE OF SPRING AVENUE AS DEPICTED ON THE PLAT OF THE SECOND ADDITION TO LAKEVIEW, PLAT BOOK L, PAGE 136 OF THE PUBLIC RECORDS OF ORANGE COUNTY, 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 it interest in and to that portion of that certain UIlIl.amed road, being a thirty (30) feet wide public right of way, lying between the easterly right of way line of West Avenue and the westerly right of way line of Spring Avenue as depicted on the Plat of the Second Addition to Lakeview, Plat Book L, Page 136 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 ORLA_ 429024.1 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 that 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)(l) 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. 2 ORLA_ 429024.1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. 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 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 Roadwav. 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. Reservation of Public Utilitv Easement. The City of Ocoee hereby reserves a public utility easement over, under and upon the Roadway in connection with any existing or future utility extensions that may be located in the Roadway and any other utilities that 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 that 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. Severabilitv. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of 3 ORLA_ 429024.1 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 upon passage and adoption. PASSED AND ADOPTED this \Irnl-day of ~_, 2007. APPROVED: ATTEST: 0/ (SEAL) ADVERTISED Jan - L\- , 2007 READ FIRST TIME AND ADOPTED --::r;3t\~ I u , 2007 UNDER A NDA hEM NO. I::J.... FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ~ day of~ J 6.."-, , 2007. FOLE~&LARDW By: U( City Attorney 4 ORLA_ 429024.1 EXHIBIT "A" (the "Roadway") Begin at the Northwest Corner of Lot 30, Lakeview Subdivision, 2nd Addition, according to the Plat thereof as recorded in Plat Book L, Page 136, of the Public Records of Orange County, Florida; thence run N 00 degrees 00' 00" W, 29.71 feet to the southerly right-of-way line of A.c.L. Railroad; thence N 67 degrees 46' 27" E, along said southerly right-of-way line 296.01 feet; thence S 00 degrees 00' 00" E, 28.84 feet to the Northeast Corner of Lot 13 of said Lakeview Subdivision, 2nd Section; thence S 67 degrees 37' 10" W, along the Northerly Lot Line of said Lots 13 and 30, 296.34 feet to the Point of Beginning. A-I ORLA_ 429024.1