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2012-014 Division Avenue DOC83 2013 0081671 B: 10520 P: 18 699 02/11/2013 03 :11:36 PM Page 1 of 13 0 , $6.50 Orange Ha9ynie Comptroller 9 County FL AFTER RECORDING RETURN TO: MB — Ret To: OCOEE Beth Eikenberry, City Clerk II I CITY OF OCOEE kitt9111N011 1.50 N. Lakeshore Drive Ocoee FL 34761 (407) 90.5 -3100 For Recording Purposes Only RESOLUTION NO. 2012_ -014 (Vacatio of Right of Way Resolution for Division Avenue) A RESOLUTION OF 'ME CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THAT PORTION OF DIVISION AVENUE, A 60.00 FOOT WIDE RIGHT -OF -WAY AS SHOWN ON THE PLAT OF WESTOVER FARMS, RECORDED IN PLAT BOOK "0 ", PAGE 120, OF TIIE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF LO'T 1, BLOCK B, OF AFORESAID WESTOVER FARMS; THENCE RUN S89 °25'27 "E ALONG THE NORTH RIGHT -OF -WAY LINE OF AFORESAID DIVISION AVENUE, A DISTANCE OF 60.00 FEET TO THE EAST RIGHT -OF -WAY LINE OF AFORESAID DIVISION AVENUE; THENCE RUN S00 °52'50 "W, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 915.60 FEET; THENCE RUN S36 °56'32 "E, ALONG SAID WEST RIGHT -OF- WAY LINE, A DISTANCE OF 39.114 FEET; TO THE NORTH RIGHT -OF- WAY LINE OF OLD WINTER GARDEN ROAD; THENCE RUN N74 °33'07 "W ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 111.77 FEET TO THE WEST RIGHT -OF -WAY LINE OF AFORESAID DIVISION AVENUE; THENCE RUN N00 °52'50 "E, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 899.32 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 reserve a public utility easement over, under and /or upon the Roadway area attached hereto as Exhibit "C" in connection with existing utility facilities as well as the right of ingress and egress in, over, under and/or upon 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 City Commission of the City of Ocoee desires to abandon and vacate that portion of the 60 foot Division Avenue Right -of -way, as depicted on the Plat Book 0, Page 120, of the Public Records of Orange County, Florida. 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 shows the vacated area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof; 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 2 WHEREAS, the City Commission of the City of Ocoee finds that said application and supporting documents are in accordance with the requirements of Article 11 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, 13E 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 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 became effective upon passage and adoption. 3 PASSED AND ADOPTED this I (p day of it _, 2012. 4 APPROVED: ATTEST: CITY OF OCOEE, FLORIDA c1■ ' Bet ikenberry, City Clerk di S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY ADVERTISED October 4 , 2012 THE CITY OF OCOEE, FLORIDA; READ FIRST TIME AND ADOPTED APPROVED AS TO FORM AND LEGALITY October 16 , 2012 1 V't this day of QCri. , 2012. UNDER AGENDA ITEM NO. 9 SHUFFIELD, LOWMAN & WILSON PA By: / Cit orney{�� 4 EXHIBIT "A" (the "Roadway ") BEGIN AT THE NORTHEAST CORNER OF LOT 1, BLOCK B, OF AFORESAID WESTOVER FARMS; THENCE RUN S89 °25'27 "E ALONG THE NORTH RIGHT -OF- WAY LINE OF AFORESAID DIVISION AVENUE, A DISTANCE OF 60.00 FEET TO THE EAST RIGHT -OF -WAY LINE OF AFORESAID DIVISION AVENUE; THENCE RUN S00 ° 52'50 "W, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 91.5.60 FEET; THENCE RUN S36 °56'32 "E, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 39.14 FEET; TO THE NORTH RIGHT -OF -WAY LINE OF OLI) WINTER GARDEN ROAD; THENCE RUN N74 °33'07 "W ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 111.77 FEET TO THE WEST RIGHT -OF- WAY LINE OF AFORESAID DIVISION AVENUE; THENCE RUN N00 °52'50 "E,, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 899.32 FEET TO THE POINT OF BEGINNING. A -1 EXHIBIT "B" SHEET 1 OF 1 S'KETCH & DESCRIPTIO\ SECTION 20 SECTION 21 SECTION 29 \ SECTION 28 NW CORNER OF O o • SECTION 28 -22 -28 THIS IS NOT A BOUNDARY SURVEY N of u7 U) o `° DESCRIPTION ; U) THAT PORTION OF DIVISION AVENUE, A 60.00 FOOT WIDE RIGHT -OF -WAY AS SHOWN ON THE PLAT OF S 89'2527' E WESTOVER FARMS, RECORDED IN PLAT BOOK "0 ", 60 2' PAGE 120, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF LOT 1, BLOCK POINT OF B, OF AFORESAID WESTOVER FARMS; THENCE RUN BEGINNING S89'25'27 "E ALONG THE NORTH RIGHT -OF -WAY LINE OF AFORESAID DIVISION AVENUE, A DISTANCE OF 60.00 FEET TO THE EAST RIGHT -OF -WAY LINE OF 1 7 AFORESAID DIVISION AVENUE; THENCE RUN S00'52'50 "W, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 915.60 FEET; THENCE RUN N c co 536'56'32 "E, ALONG SAID WEST RIGHT -OF -WAY LINE, rn in A DISTANCE OF 39.14 FEET; TO THE NORTH °T aT RIGHT -OF -WAY LINE OF OLD WINTER GARDEN ROAD; 5 THENCE RUN N74 "W ALONG SAID NORTH w RIGHT -OF -WAY LINE, A DISTANCE OF 111.77 FEET TO THE WEST RIGHT -OF -WAY LINE OF AFORESAID o � DIVISION AVENUE; THENCE RUN N00'52'50 "E, ALONG in SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF in LO 6 899.32 FEET TO THE POINT OF BEGINNING. 15 0 y o SAID LANDS CONTAINING 56,538.3 SQUARE FEET a (0.1.298 ACRES) MORE OR LESS. Z cn BLOCK A BLOCK B Z WESTOVER FARMS WESTOVER FARMS 2 PEI 0, PC 120 P8 O, PG 120 > D N VACATED JANE STREET PER 0.6, BOOK 9648, PC 623 1 PARK RIDGE. SECTION 1 1 PB O. PC 100 6 2 GRAPHIC SCALE N 53 0 3',8.. ,4 , 0 50 100 200 30 6 E ' P ARR" o S , 7 PR 0,6%%;704 ; 704 , 4 N 74 ' 3 3 p�., s 8 > 8 ( IN FEET ) , 1 1 .7 w itatirmihr 1 INCH = 100 FEET P. S 36' 5 I HE E Y T H A T WEST 1/4 CORNER OF v,S 6 . 3 2" ®® MINIMUM TECHNICAL ST NDARDS SET M FORTH T BY 8 1.46 SECTION 28 -22 -2 FOUND 4 1"la 3 g• ��' F THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS CONCRETE MONUMENT ° AND MAPPERS IN CHAPTER 5J -17, FLORIDA NO E \ to ADMINISTRATIVE CODE PURSUANT TO SECTION C I F 472.027, FLORIDA STATUTES. DATED THIS 1st DAY OF DECEMBER, 2010 A.D. RALPH THOMAS SNOW Legacy Land Surveying, LLC PROFESSIONAL SURVEYOR AND MAPPER 2624 Bent Hickory Circle O = CHANGE OF DIRECTION STATE OF FLORIDA REGISTRATION No, 5561 OT Longwood, Florida 32779 RAISED SEAL IAHFLORIIDDAE LI SIGNATURE AND THE ORIGINAL CENSED SURVEYOR AND MAPPER 407 - 6101 , THIS SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY tsnow®1egacylandsurveying.Com ' II PROJECT No. FILE No. 10 -008 RW VAC 4 Licensed Business Number 7848 HEALTH CENTRAL • EXHIBIT "C" r SKETCH AND DESCRIPTION (THIS IS NOT A BOUNDARY SURVEY) , S 89 °31'35" E ' 10.00' WATERMAIN EASEMENT 3.27' POINT OF COMMENCEMENT DESCRIPTION : S 00 ° 09'35" E S 88 ° 58'07" E 259.15' 9 THAT PORTION OF DIVISION AVENUE, A 60.00 FOOT WIDE RIGHT-OF-WAY AS SHOWN ON THE PLAT OF WESTOVER N (85807" W BLOCK A FARMS, RECORDED IN PLAT BOOK "0 ", PAGE 120, OF THE ct 249.35' POINT OF ° WESTOVER FARMS PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, DESCRIBED Pe O. PG 120 AS FOLLOWS: N 01 °01'53 "E BEGINNING w D > 289.61 ' S 00 ° 09'35" E COMMENCE AT THE NORTHEAST CORNER OF LOT 15, BLOCK r. 10.00' 15 .� a B, OF AFORESAID WESTOVER FARMS; THENCE RUN S • S 88 ° 25'25" E 89 °31'35 "E , A DISTANCE OF 3.27 FEET TO THE POINT OF o co BEGINNING; THENCE RUN S00'09'35 "E, A DISTANCE OF BLOCK e o� 51 . 289.61 FEET; THENCE RUN 588 °25'25 "E, A DISTANCE OF WESTOVER FARMS 0 N PB 0, PG 120 0 S 01 ° 34'35" W 51.59 FEET; THENCE RUN S01 °34'35 "W, A DISTANCE OF z 10.00' 10.00 FEET; THENCE RUN N88'25'25 "W, A DISTANCE OF VACATED 61.30 FEET; THENCE RUN N00 °09'35 "W, A DISTANCE I r " JANE STREET 0E298.98 FEET; THENCE RUN N88 °58'07 "W, A DISTANCE OF PG 62 N 88 ° 25'25" W PER O.R B00 K 9648' 1 BLO 249.35 FEET; THENCE RUN N01 °01'53 "W, A DISTANCE 61 .30 PARK RIDGE 0E10.00 FEET; THENCE RUN S88 °58'07 "E, A DISTANCE OF P8 0, 259.15 FEET; THENCE RUN S00 °09'35 "E, A DISTANCE OF 13 14 9.46 FEET TO THE POINT OF BEGINNING. 3 PATlK P €9, SAID ACRE LANDS MORE CONTAINING OR LESS. 6,097.18 SQUARE FEET (0.14 B p R /DL Gp 4 5 I at : IN ® S WEST 1/4 CORNER OF 8 SECTION 28 -22 -28 iNao FOUND 4 "X4" 1O ro CONCRETE MONUMENT LD" NO M LEGEND: 0' 100 200 -4'-- LINE BREAK DB DEED BOOK PEI PLAT 800K 1 /NCH = 200 FEET PG PAGE SEC. SECTION G RAY RIGHT OF WAY GENERAL NOTES. S.R. STATE ROAD 1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF LOT 15, BLOCK B, AS SHOWN ON ? CENTERLINE THE PLAT OF WESTOVER FARMS, RECORDED IN PLAT BOOK "0 ", PAGE 120, OF THE PUBLIC RECORDS sf ± SQUARE FEET MORE OR LESS OF ORANGE COUNTY, FLORIDA, AS BEING S89'31'35 "E (ASSUMED). NO. CLF CH AIN LINK fEMCE 2. THIS IS NOT A BOUNDARY. (P) PLAT E/» EDGE OF PAVEMENT POC POINT OF COMMENCEMENT P0B POINT OE BEGINNING WATERMAIN EASEMENT PROJECT .1 HEREBY CERTIFY TH,, SURVEY MEETS THE APPLICABLE "MINIMUM TECHNICAL STANDARDS" AS SET LEG • ` _ NUMBER FORTH BY THE FLORIDA BOARD OF PROFESSIONAL �� SURVEYORS AND MAPPERS IN CHAPTER 527.050 —.052, DRAWING DATE; 10/30/2012 12 -008 PURSUANT TO SECTION FLORIDA STATUTES. LAND SURVEYING 2624 BENT HICKORY CIRCLE LONGWOOD, FL. 32779 DRAWN BY: APPROVED BY: SHEET 407-701-6101 ° �g"n.R. RALPH THOMAS SNOW — DATE: CERTIFICATE OF AUTHORIZATION NUMBER LB 7848 R TS R TS 1 OF 1 FLORIDA PROFESSIONAL SURVEYOR & MAPPER LICENSE NUMBER 5561