2009-007 Vacating ROW for Unnamed Road between Jacob Nathan Blvd and Clarke Rd
THIS INSTRUMENT PREPARED BY:
Dorothy E. Watson, Esq.
FOLEY & LARDNER LLP
111 North Orange Avenue, Suite 1800
Orlando, FL 32801-2386
(407) 423-7656
DOC a 20090733614 B: 9978 P: 0118
12/18/2009 09:18:09 AM Page 1 of 7
Ree Fee: $61.00 Doe Type: GOVR
Martha O. Haynie, Comptroller
Orange CountY6 FL
MB - Ret To: COEE
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AFTER RECORDING RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 905-3100
For Recording Purposes Only
RESOLUTION NO. 2009-007
(Vacation of Right of Way Resolution for Unnamed Road)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND V ACA TING THAT PORTION OF THAT
CERTAIN UNNAMED FIFTEEN (15) FOOT WIDE UNIMPROVED
PUBLIC RIGHT OF WAY, LYING BETWEEN THE EASTERLY
RIGHT OF WAY LINE OF JACOB NATHAN BOULEVARD AND
THE WESTERLY RIGHT OF WAY LINE OF CLARKE ROAD AS
DEPICTED ON THE PLAT OF LAKE LOTTA GROVES, PLAT
BOOK E, PAGE 52 OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA, SAID RIGHT OF WAY LYING AND BEING
IN SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
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
that portion of that certain unnamed fifteen (15) foot wide unimproved public right of way, lying
between the easterly right of way line of Jacob Nathan Boulevard and the westerly right of way
line of Clarke Road as depicted on the Plat of Lake Lotta Groves, Plat Book E, Page 52 of the
Public Records of Orange County, Florida, said right of way lying and being in Section 21,
Township 22 South, Range 28 East, Orange County, Florida, a legal description of such right of
ORLA_1224627.1
way to be abandoned and vacated is attached hereto as Exhibit" A" and by this reference made a
part hereof (the "Roadway"); and
WHEREAS, the northern fifteen (15) feet of said unnamed right of way was previously
replatted as part of Lot 1 of Goodman Centre pursuant to the plat thereof as recorded on
December 14,2005 in Plat Book 64, Page 7 of the Official Records of Orange County, Florida.
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 a portion of 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)(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
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ORLA_1224627.1
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 fmds 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 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 Utility Easement. The City of Ocoee hereby
reserves a public utility easement over, under and/or upon the Roadway, being fifteen (15) feet in
width, 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
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ORLA_1224627.1
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
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 J st day of ~2009.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
st:Jr
(SEAL)
ADVERTISED N Ovun~r t c, ,2009
READ FIRST TIME AND ADOPTED
~ C if iA"f\ bu'" (7 , ' 2009
UNDER AGENDA ITEM NO. ~ 0
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED ArJ.O F~ AND LEGALITY
this L day of. ~ t.M , 2009.
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ORLA_1224627.1
FOLEY & pLLP tt
By: U
City Attorney
ORLA_1224627.1
A-5
EXHIBIT" A"
(The "Roadwav")
DESCRIPnON:
A POR110N SEC110N 21, TOWNSHIP 22 SOUlH, RANGE 28 EAST, ORANGE COUNl'Y, FLORIDA, BBNG MORE
PAR1lCULARL Y DESCRIBED AS FotlOWS:
COMtJENCING AT THE SOUTHWEST CORNER OF SEC110N 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
ORANGE COUNTY, FLORIDA: THENCE ALONG "!HE SOUTH UNE r:1i THE SOUTHWEST QUARTER (SW 1/4) OF
SAID SECTION 21 NORlH 89.48'17" EAST. A DISTANCE OF 1323.70 FEET TO THE SOUlHERL Y
PROLONGA11ON OF lHE EAST RIGHT OF WAY OF JACOB NAlHAN BOULEVARD; lHENCE ALONG SAID
PROLONGA11ON AND ALONG EAST RIGHT OF WAY OF JACOB NATHAN BOULEVARD NORTH ooi1'09" WEST,
A DISTANCE OF 646.96 FEET TO THE POINT OF BEGINNING; 1HENCE CONllNUE ALONG SAID EAST RIGHT
OF WAY NORlH 00'11.09" WEST, A DISTANCE OF 15.00 FEET TO A POINT ON lHE SOUTH UNE OF LOT 1,
GOODMAN CENTRE, PLAT 13001< 64. PAGES 7&8; THENCE DEPARTING SAID EAST RIGHT OF WAY AND
ALONG SAID SOUlH LOT LINE OF LOT 1, NORTH 89.50'23. EAST, A DISTANCE OF 248.28 FEET TO A
POINT ON lHE WEST RIGHT OF WAY OF CLARKE ROAD: 1HENCE SOUTH 00i3'45. EAST ALONG SAID 'WEST
RIGHT OF WAY A DISTANCE OF 15.00 FEET; THENCE DEPAR11NG SAID WEST RIGHT OF WAY AND ALONG
NORTH LINE OF TRACT 8, ORLANDO GRO\t:S ASSOCIATION, LAKE LOTTA GROVES PLAT BOOK E. PAGE 52
RUN SOU1H 89'50'23. WEST, A DISTANCE OF 248.31 FEET TO 1HE POINT OF BEGINNING
CONTAINING 3.724 SQUARE FEET MORE OR LESS.
In accordance with CH.-61G17-6
af the FlorIda Administrative Code.
this Description and Sketch of Description
bears the notation:
THIS IS NOT A SURVEY.
BEAIlINIlS SHOIlN HEREON AIlE BASED ON 1HE NORllI UNE
OF tRACT 8, AS BEING S 1I9'!iD'23" W, ASSWSl.
I\9M
SHEET 1 OF' 2
SEE SHEET 2 OF 2 FOR 9<ETCH
\. '!HE SUR\-l:Y(lIl I:IAS MOJ' ~S1R,\CTBl 1HE
I.ANO SH~' ~ ~E>>I'.HTS. RIGHT
OF WAY, . IS OF' REC(l!!D ~1CIt IotA Y
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3. MOT V~ .W1lH01lT .lIE. SiONAlURE ANO
1lIE ;)RIGINAL ftAIS!I) SEAL OF A FI.ORIIIA
UCEN&E!l sutl\iE'/lIR AND "APPER.
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SKETCH OF DESCRIPTION
OF
15" RIGHT OF' ORA Y
alUNDO GRO't!S ASSOCIA 11CIN. LAKE LOTTA GROVESaORANGE COUMTt: FLORlIlA SECllON 21-22-28
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UNNAMED ROAD
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ORtANDO GROVES ASSOCl1.11ON,
LAKE LOTTA GROVES
Pl.AT BOOK Eo PAGE 52
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