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2021-009 Partial Vacation of Right-of-Way for Clarcona Ocoee and N. Lakewood Ave.AFTER RECORDING RETURN TO: Melanie Sibbitt, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 (407) 905-3100 DOC # 20210578692 09/23/2021 09:08 AM Page 1 of 6 Rec Fee: $52.50 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 Phil Diamond, Comptroller Orange County, FL Ret To: CSC INC RESOLUTION NO.2021-009 I For Recording Purposes Only (Partial Vacation of Right -of -Way Resolution for Clarcona Ocoee and N Lakewood Ave) A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THAT PORTIONS OF NORTH LAKEWOOD AVENUE AND CLARCONA OCOEE ROAD RIGHT-OF-WAY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 5; THENCE NORTH 89144'4 EAST ALONG THE SOUTH LINE OF THE SOUTHWEST 1/ OF SAID SECTION 5, A DISTANCE OF 30.00 FEET TO A POINT ON THE WEST BOUNDARY OF PARCEL 62-161 RIGHT-OF-WAY `B' AS DESCRIBED IN STIPULATED ORDER OF TAKING RECORDED ON OFFICIAL RECORDS BOOK 5461, PAGE 2341, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE NORTH 00153'06" WEST ALONG SAID WEST BOUNDARY, A DISTANCE OF 1,434.83 FEET; THENCE SOUTH 89010'10" EAST ALONG THE NORTH BOUNDARY OF SAID PARCEL 62-161 RIGHT-OF-WAY `B', A DISTANCE OF 654.20 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF CLARCONA-OCOEE ROAD; THENCE CONTINUE SOUTH 89°10'10" EAST, A DISTANCE OF 22.65 FEET OF THE POINT OF BEGINNING; THENCE DEPARTING FROM SAID SOUTH RIGHT-OF-WAY LINE, RUN NORTH 22027'30' EAST, A DISTANCE OF 46.47 FEET; THENCE NORTH 65030131" EAST, A DISTANCE OF 47.78 FEET TO A POINT ON THE ARC OF A NON -TANGENT CURVE HAVING A RADIUS F 1,385.18 FEET, A CENTRAL ANGLE OF 14°32' 16' FOR AN ARC DISTANCE OF 351.46 FEET TO A POINT LYING ON THE SOUTH RIGHT-OF-WAY LINE OF CLARCONA-OCOEE ROAD; THENCE NORTH 89°10'10" WEST ALONG A NON -TANGENT LINE AND SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 405.02 FEET TO THE POINT OF BEGINNING, 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 North Lakewood Avenue and Clarcona Ocoee Road. 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, a map of said land herein described which clearly 20210578692 Page 2 of 6 shows the vacated area is attached hereto as EXHIBIT "B" and by this reference is made a part 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 2 20210578692 Page 3 of 6 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 H of Chapter 153 of the Code of the City of Ocoee. 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. 3 20210578692 Page 4 of 6 PASSED AND ADOPTED this,?%a y of Vm 021. ATTEST:_};o,.Y a �J a. ;rfis'.�" .. 1VIelanie Sibbtt;''Cit�%'Clerk . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY THIS 2 DAY OF �b , 2021 SHUFFIELD, LOWMAN & WILSON, P.A. APPROVED: CITY OF OCOEE, FLORIDA i ADVERTISED, f, � ? , 2021 READ FIRST TIME AND ADOPTED 21 2021 UNDER AGENDA ITEM NO. 6�. 0 20210578692 Page 5 of 6 EXHIBIT "A" (the "Roadway") DESCRIPTION: A PORTION OF THE SOUTHWEST '/4 OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING PORTIONS OF THE RIGHT-OF-WAY FOR NORTH LAKEWOOD AVENUE AND CLARCONA-OCOEE ROAD MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST Y4 OF SAID SECTION 5; THENCE NORTH 89°44'4 EAST ALONG THE SOUTH LINE OF THE SOUTHWEST 1/ OF SAID SECTION 5, A DISTANCE OF 30.00 FEET TO A POINT ON THE WEST BOUNDARY OF PARCEL 62-161 RIGHT-OF-WAY 'B' AS DESCRIBED IN STIPULATED ORDER OF TAKING RECORDED ON OFFICIAL RECORDS BOOK 5461, PAGE 2341, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE NORTH 00°53'06" WEST ALONG SAID WEST BOUNDARY, A DISTANCE OF 1,434.83 FEET; THENCE SOUTH 89°10'10" EAST ALONG THE NORTH BOUNDARY OF SAID PARCEL 62-161 RIGHT-OF-WAY B', A DISTANCE OF 654.20 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF CLARCONA-OCOEE ROAD; THENCE CONTINUE SOUTH 89°10'10" EAST, A DISTANCE OF 22.65 FEET OF THE POINT OF BEGINNING; THENCE DEPARTING FROM SAID SOUTH RIGHT-OF-WAY LINE, RUN NORTH 22°27'30' EAST, A DISTANCE OF 46.47 FEET; THENCE NORTH 65°30'31" EAST, A DISTANCE OF 47.78 FEET TO A POINT ON THE ARC OF A NON -TANGENT CURVE HAVING A RADIUS F 1,385.18 FEET, A CENTRAL ANGLE OF 14°32'16' FOR AN ARC DISTANCE OF 351.46 FEET TO A POINT LYING ON THE SOUTH RIGHT-OF-WAY LINE OF CLARCONA-OCOEE ROAD; THENCE NORTH 89°10'10" WEST ALONG A NON -TANGENT LINE AND SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 405.02 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 0.253 ACRES (11,040 SQUARE FEET), MORE OR LESS. A-1 20210578692 Page 6 of 6 Exhibit "B" 2