2010-009 Vacating ROW - MaguireAFTER RECORDING RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 905-3100
DOCp 20100413614 B: 10076 P: 3742
07/16/2010 11:43:02 AM Page 1 of 5
Ree Fee: X44.00
Martha 0. Haynis, Comptroller
Orange County FL
MB - Ret To: bCOEE
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RESOLUTION N0.2010-009
(Partial Vacation of Right of Way Resolution for Un-Named Right-of--Way for Maguire's Addition
to Ocoee )
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING THAT NORTHERN 20 FOOT
PORTION OF THE 40 FOOT UN-NAMED EAST-WEST RIGHT-
OF-WAY LYING SOUTH OF LOTS 1, 2, AND 3 AND NORTH OF
LOTS 7, 8, 9, AND 10, MAGUIRES ADDITION TO OCOEE,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK G, PAGE 10, OF THE PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA. TOGETHER WITH THAT
WESTERN 20 FOOT PORTION OF THE 40 FOOT UN-NAMED
NORTH-SOUTH RIGHT-OF-WAY LYING EAST OF LOT 3 AND
WEST OF LOTS 4, 5, AND 6 OF SAID MAGUIRE'S ADDITION
TO OCOEE, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK G, PAGE 10, 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 twenty (20) foot portion of the North forty (40) foot wide un-named East-West public right-
of-way, lying South of Lots 1, 2 and 3 and North of Lots 7, 8, 9, and 10, as depicted on the Plat
of Maguire's Addition to Ocoee, Plat Book G, Pages 10 of the Public Records of Orange County,
Florida, together with that Westerly twenty (20) foot portion of the forty (40) foot wide un-
named North-South right-of--way lying East of Lot 3 and West of Lots 4, 5 & 6 of said Maguire's
Addition to Ocoee. 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
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
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
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SECTION 1. Authori 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 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.
PASSED AND ADOPTED this u~ day of ~tJ , 2010.
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APPROVED:
ATTEST:
eth Eikenberry, City Clerk
(SEAL)
FOR U`E AP,h:~ f~LUAPv~~ (?rdLY
BY TFlE CITY OF p~;nEE
CITY OF OCOEE, FLORIDA
,~ '~ .~ ~~
S. Scott Vandergrift, Mayor
ADVERTISED .e. .2 , 2010
READ +IRST TIME AND ADOPTED
_~, 10
UNDER AGENDA ITEM NO. ~.
~APPRO',/EL AST r ~~; M AND LEGALITY,
this ay aiti~ _ __ , 20 a .
F ley A m LLP
By : ~~
City Attorney
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EXHIBIT "A"
(the "Roadway")
THAT NORTHERN 20 FOOT PORTION OF THE 40 FOOT UN-NAMED EAST-WEST
RIGHT-OF-WAY LYING SOUTH OF LOTS 1, 2, AND 3 AND NORTH OF LOTS 7, 8, 9,
AND 10, MAGUIRES ADDITION TO OCOEE, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK G, PAGE 10, OF THE PUBLIC RECORDS
OF ORANGE COUNTY, FLORIDA. TOGETHER WITH THAT WESTERN 20 FOOT
PORTION OF THE 40 FOOT UN-NAMED NORTH-SOUTH RIGHT-OF-WAY LYING
EAST OF LOT 3 AND WEST OF LOTS 4, 5, AND 6 OF SAID MAGUIRE'S ADDITION
TO OCOEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK G, PAGE 10, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA
A-1