Loading...
2018-009 Abandoning and Vacating Five-Foot Utility Easement Lot 1, Lake Bennet Centre Replat DOCK 20180237169 04/20/2018 11:00:11 AM Page 1 of 4 Rec Fee: $35.50 Phil Diamond, Comptroller Orange County FL r, MB — Ret To: CITY OFOCOEE AFTER RECORDING RETURN TO: 1111 IVREINMIIIII Melanie Sibbitt,City Clerk CITY OF OCOEE 150 N.Lakeshore Drive Ocoee,FL 34761 (407)905-3100 For Recording Purposes Only RESOLUTION NO.2018-009 (Vacating a five(5) foot Utility Easement for Lot 1,Lake Bennet Centre Replat) fi A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING AN EASTERN FIVE (5) FOOT UTILITY EASEMENT, LOCATED ON THE EAST SIDE OF LOT 1, LAKE BENNET CENTRE REPLAT, RECORDED IN PLAT BOOK 42, PAGE 36 - 37 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 a the eastern five (5) foot wide Utility Easement located on the eastern side lot line of Lot 1, Lake Bennet Centre Replat, Plat Book 42, Page 36 - 37 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 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 A-1 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. 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 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. 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 /'7tay of 497-// , 2018. is APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Melanie Sibbitt,City Clerk 'usty Johnso (SEAL) _ ADVERTISED APRIL 5,2018 READ, FIRST TIME AND ADOPTED FOR USE AND RELIANCE ONLY BY r/7 /`x ,2018 AGENDA ITEM NO. %5 THE CITY OF OCOEE, FLORIDA; UNDER APPROVED AS TO FORM AND LEGALITY this II Ptday of Prrti L , SHUFFIELD, LOWMAN $WILS.QN, P.A. By: l�� City EXHIBIT "A" (the "Easement") A 5.0 FOOT PUBLIC UTILITY EASEMENT ALONG THE EASTERN BOUNDARY OF LOT 1, LAKE BENNET CENTRE REPLAT.