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2022-10 Vacating a Portion of Lake Lilly OaksAFTER RECORDING RETURN TO: DOC # 20220388587 Melanie Sibbitt, City Clerk 06/22/2022 12:18 PM Page 1 of 4 CITY OF OCOEE Rec Fee: $35.50 150 N. Lakeshore Drive Deed Doc Tax: $0.00 Ocoee, FL 34761 Mortgage Doc Tax: $0.00 (407) 905-3100 Intangible Tax: $0.00 Phil Diamond, Comptroller Orange County, FL RESOLUTION NO. 2022-10 Ret To: CSC INC (Vacating a Portion of a 10' Utility Easement for Lot 26, Lalce Lilly Oaks) A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THE 3-FOOT BY 9-FOOT TRIANGULAR PORTION OF THE EXISTING 10-FOOT UTILITY EASEMENT, LOCATED ON THE WEST-NORTHWEST SIDE OF LOT 26 OF LAKE LILLY OAKS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 27, PAGE 142, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, CITY OF OCOEE; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to abandon and vacate the 3-foot by 9-foot triangular portion of the existing 10-foot wide Utility Easement located on the west-northwest area of Lot 26, Lake Lilly Oaks, as depicted on the Plat Map of Ocoee, Plat Boole 27, Page 142 of the Public Records of Orange County, Florida, and a survey depicting such easement area 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 Ordinances 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 Ordinances 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 Easement and all owners of the property within three hundred (300) feet in all directions of the Easement; and 20220388587 Page 2 of 4 WHEREAS, pursuant to Section 153-13(D)(2) of the Code of Ordinances 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 Ordinances 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 VIIl of the Constitution of the State of Florida and Chapter 166, Florida Statutes, and Article II of Chapter 153 of the Code of Ordinances of the City of Ocoee. SECTION 2. Abandonment and Vacation of a Portion of Easement. The City Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to the portion of the 10-foot Utility Easement as depicted in Exhibit "A". 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. FA 20220388587 Page 3 of 4 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 day ofe , 2022. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA z1Z - Melanie Sib itt, City Clerk _ Rusty John n, ` ayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this 21,"rday of 1T'UPrr- , 2022. SHUFFIELD, LOWMAN & WILSON, P.A. Scott Y.0 4JCity ADVERTISED , 2022 READ FIRS�JIME AND ADOPTED , 2022 UNDER AGENDA ITEM NO. _? 3 20220388587 Page 4 of 4 EXHIBIT "A" (the "Easement") THE 3-FOOT BY 9-FOOT TRIANGULAR PORTION OF THE EXISTING 10-FOOT UTILITY EASEMENT, LOCATED ON THE WEST-NORTHWEST SIDE OF LOT 26 OF LAKE LILLY OAKS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 27, PAGE 142, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. A-1