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2010-001 Vacating Utility Easement for 92 Bexley Blvd. .. AFTER RECORDING RETURN TO: DOC I 20100025168 8: 9987 P: 4238 01/13/2010 11:11:00 AM Page 1 of S Ree Fee: $44.00 Martha O. Haynie, Comptroller Orange CountY6 FL MB - Ret To: COEE Beth Eikenberry, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 (407) 905-3100 IIII ~1~~h'a~~I~11111 RESOLUTION NO. 2010-001 (Vacating a 5' Utility Easement for Lot 77, Silver Bend Unit 1 ) A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING AN EXISTING 5 FOOT UTILITY EASEMENT LOCATED ON THE SOUTH SIDE OF LOT 77, SILVER BEND UNIT 1, RECORDED IN PLAT BOOK 30, PAGES 4 AND 5 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 a the south (5) foot wide Utility Easement located on the southern side lot line of Lot 77, Silver Bend Unit 1, as depicted on the Plat of Map ofOcoee, Plat Book 30, Pages 4 and 5 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, 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 l53-13(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 Easement and all owners of the 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) 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 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. 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 Easement. The City Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to the portion of Easement. 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. 2 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 5.f^day of JtA%\UArj ,2009. 3 ATTEST: (SEAL) City Attorney APPROVED: CITY OF OCOEE, FLORIDA S~~iW ADVERTISED Dec~~riller .;J'f ,2009 READ FIRST TIME AND ADOPTED ~~ s;- I ") C;{) ~ ' 2009 UNDER AGENDA ITEM NO. IIJ 4 0- - 15 I 30 EXH IBIT A LOT 86 LOT 78 LOT 87 I I ~<I.J~"'i 10 10( /if/ ~Q; 1"8 ! IcQ ~ Sll'41~28 )-.; 0--:;.:', "'" 25 DO' L1J;;; ~~~ I~ 2? HAll 110 I X 1/fS & I ~I i' '" I I IEt.I'I.P. NO MlNElER LOT 75 NOTE: THERE NAY OE ADOITlONAl RESTRICTIONS THAT ARE NOT stiOKN ON THE PUT THAT MAY DE FOUHD IN THE PUBLIC RECORDS OF THIS COUNTY, P"'P'IP'T~1 ( Jl!c. flAil tiC InM!lf.R HOTE: THIS SURVEY "HOl VAllO WITHOUT THE 5HiUATIi'Rf IJt) THE (IAIGlfJAL RAI~ED SEAl OF A FlORIDi\ LICENSED SURVEYOR AIm MAPPER. I SCALE 1 I riCH . 30 FEET KENNETH Ii. E 0 I ANNA l. CREST ALSO CERTIFIED Tll! EOUITABLE TITLE AGENCY. INC. OLD REPUBLI C NA T I ONAL TITLE I NS. CO. COUNTRYH I DE HONE LOANS, INC. THIS IS TO CERTIFY THAT I HAVE REVIEWED THE FLOOD I NSURANCE RAT! NG ~lAP PANEL NUMBER __J20j].9_.oj].5_.1:.. DATED __6Ll6LlaaL__ AND DETERIHNED THAT THIS PROPERTY LIES IN FLOOD ZONE ___~~~____ JOEl 0 LEGEND: Ii'D"~IL..wJDISX l0$..aJ;!J..,~ UP...mICAl r:,&'w. "mltrE/E[l.oC~W.l.l.L \t-WIIElilltE: P.l. .. POINT [f" IUTmsrtTlnl p.ne. .11I11(10,~Erc;tctr.fr l1'F.l'OOOf~ P.a.8. .. pallU Of efGI1.UhS P.C.-PllIIlTCFCltlYE P.t.P. .. FmlI.'l.IiT CQln,,~.. POlIlT t.X.-ca.t:'UEIIC.'U'DIl t.LF. .. OUUlll~ fma I.f.-'<<1OOfDl:E P.c.t. .. PlIHll CF ClX'C1"w t1.ill'fE R/1I"IlIW.[f.WU' ra"fESlf<!.\t( (PI-FLAT 11I!"ID.Slrol P.T.-FOWTOf TAJ!CaICV o<sc.Oll{O)..t'i~IPJltN P,D.L- PlIIIlJ CillltS UJIL -UTllITT n.ru.oll$ A.. LB:c-nr OF AliC J.n .. IflOil AOO J.P."I~PlPE tl:R. "COilXER ~Y. -tomED Clii:.-~ .. CCXCf,m:l1L,."J: P.R.M..fa:;JW~lT~cr..a.'Jj€m fIC. -R:COYE!'€D c..C u.E. .. M1111J.(;( lUTllI1'fEASD€lfT PLAT OF SURVEY FOR; KENNETH W. SOl ANNA L. CREST LEGAL DESCRIPTION; lOT 77, SILVER BEND UNIT I, AS RECORDED IN PLAT BOOK 30, PAGE 4-5, PUBLIC RECORDS OF COUNTY, FlDR I DA ORANGE 00123B CERTIFIC^TlCN A AENGINEERING AND SURVEY I NG, INC. 570 HORA TIG AVIT NJ.I TLAND, FLORIDA 3275J (407) 677.1411 FAX 677- f 405 L B. . 5953 rrPr or SU!lYET: eO\Jl\lAAYE l~flOYEI!E1lTS LEGlLIlESC.RIPJlOlt POOVI~DBYCLIENT BEAHIIlGS BAS'ED Ql IHE noRTlIllI~ Of lOT 77, AS ewrosn',cl'ZO'E UJiIDGMlJ.O IKPIlGVOI'ElfTS H\'lTlCi:UED -