Loading...
HomeMy WebLinkAboutItem V (B)1 Resolution No. 94-29, abandoning and vacating 5' utility easement abutting Lot 40, Lake Olympia-Lake Village Subdivision. (Continued from October 18, 1994 and November 1, 1994) AGENDA 11-15-94 Item V B 1 For Recording Purposes Only RESOLUTION NO. 94- 29 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA ABANDONING AND VACATING A CERTAIN FIVE FOOT UTILITY EASEMENT ABUTTING THE EASTERN PROPERTY LINE OF LOT 40, LAKE OLYMPIA-LAKE VILLAGE SUBDIVISION, ALSO KNOWN AS 1229 HAWTHORNE COVE DRIVE, LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF OCOEE WITHIN THE SOUTHWEST 14 OF SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST AS SHOWN ON THE PLAT OF LAKE OLYMPIA-LAKE VILLAGE SUBDIVISION, AS RECORDED IN PLAT BOOK 29, PAGE 35, 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 certain five (5) foot utility easement abutting the eastern property line of Lot 40 , of Olympia-Lake Village Subdivision, also known as 1229 Hawthorne Cove Drive located within the corporate limits of the City of Ocoee within the Southwest Vt of Section 16, Township 22 South, Range 28 East as shown on the Plat of Lake Olympia-Lake Village Subdivision, as recorded in Plat Book 29 , Page 35, 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, June M. Rhodes, the owner of Lot 40, Lake Olympia-Lake Village Subdivision according to the plat thereof recorded in Plat Book 29 , Page 35 of the Public Records of Orange County, Florida; and WHEREAS, pursuant to Article II of Chapter 153 of the Code of the City of Ocoee, an application has been filed by Centex Homes, Inc. which was joined and consented to by June M. Rhodes (collectively the "Applicant") to abandon and vacate the Easement; 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 Easement 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 Easement and all owners of 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) 2 time in a newspaper of general circulation in the City of Ocoee; and 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 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 ONE. 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, 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 Easement. The City Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to that certain five (5) foot utility easement abutting the eastern property line of Lot 40 , Lake Olympia-Lake Village Subdivision also known as 1229 Hawthorne 3 Cove Drive located within the corporate limits of the City of Ocoee, within the Southwest Yt of Section 16, Township 22 South, Range 28 East as shown on the Plat of Lake Olympia-Lake Village Subdivision, as recorded in Plat Book 29 , Page 35, of the Public Records of Orange County, Florida, a legal description of such easement to be abandoned and vacated being attached hereto as Exhibit "A" and by this reference made a part hereof (the "Easement") . SECTION THREE. 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 FOUR. 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 FIVE. Effective Date. This Resolution shall become effective immediately upon passage and adoption. a PASSED AND ADOPTED this day of 1994 _ APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S . Scott Vandergrift, Mayor (SEAL) ADVERTISED , 1994 READ FIRST TIME AND ADOPTED , 1994, UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1994 . FOLEY & LARDNER By: City Attorney CAWPSRDOCSSOCOFSRFSOL T.,07;iaisoft8WOIS S Z:dp 5 SKETCH OF LEGAL DESCRIPTION EXHIBIT " q " CURVE DELTA ANGLE RAO I US ARC TANGENT CHORD CI4ORO BEARING C I OO.44'39' 385.00' 5.00' 2.50' 5.00' S 56'45'34"E LINE BEARING DISTANCE L I N 24.09 '53''W 5. 86' TRACT 'A' LAKE OL YMP 1 A ,,, 0 gl :•:• 2 0 N ... z NW w ::: w LOT 40 Q LOT 41 0 :•:O W r- N . . :o Portion of Easement " ma' *::::: . to be abandonded . a ::E. • \\ POINT OF BEGINNING CI IO IODEWALK AND UTILITY EASEMENT POINT OF COMMENCEMENT NORTHEAST CORNER LOT 40 Hawthorn, Cove Drive Commencing at a P.R._�L at the Northeast Corner of Lot 40,"Lake Olympia-Lake Village", according to the plat thereof, as recorded in Plat Book 29, at pages 35 and 36 of the public records of Orange County,Florida;Thence South 34 degrees 26 minutes 30 seconds West, along the East line of Lot 40, a distance of I0.01 feet to the POINT OF BEGINNING; thence South 34 degrees 26 minutes 30 seconds West, a distance of 152.46 feet; thence North 24 degrees 09 minutes 53 seconds West, a distance of 5.86 feet; thence North 34 degrees 26 minutes 30 seconds East, a distance of 149.30 feet to the point of curvature of a non-tangent curve, concave to the Northeast, having a radius of 335.00 feet, a central angle of 0 degrees 44 minutes 39 seconds, and a chord of 5.00 feet bearing South 56 deg ees 45 minutes 34 seconds East; thence Southeast along said curve, a distance of 5.00 feet to the POINT OF BEGINNING; said described tract containing 0.02 acre,more or less.