HomeMy WebLinkAboutItem #04 Sawmill Resolution and Amendment be Center of Good Li
AGENDA ITEM COVER SHEET
Meeting Date: April 3, 2012
Item #
e i Reviewed By:
Contact Name: Michael Rumer, City Department Director:
Planner
Contact Number: Ext. 1018 City Manager: /%
Subject: Resolution to Amend Plat Note 12 and Rescind Plat Note 13 of the Plat of
Sawmill Phase II in order to Allow Public Access to Hackney Prairie Road
Commission District # 4 — Joel Keller
Background Summary:
The City of Ocoee is the owner of Tract J of the plat for Sawmill Phase II, by virtue of a Special Warranty Deed
dated May 15, 1997, from the Sawmill Homeowners Association, Inc. The plat contains the following general notes
with respect to Tract J:
(i): "Tract J is to be owned and maintained by the homeowners association and is to be used for emergency
vehicle access," and
(ii) "Access rights to Hackney Prairie Road from Tract J is hereby dedicated to the City of Ocoee.
Tract J is not to be used as access to Hackney Prairie Road by the homeowners of Sawmill Phase I & II.
On May 17, 2011, the City entered into a tri -party agreement with the Orange County School Board (OCPS)
and Orange County for the construction of the Hackney Prairie Road Area Relief School Site. Section 8(B) of
this agreement requires the Orange County School Board to provide the following improvements to Timber
Ridge Trail:
TIMBER RIDGE TRAIL. The following improvements shall be made to Timber Ridge Trail at the sole cost of
OCPS:
i. Improvements & Sidewalks: Timber Ridge Trail shall be improved from its existing
southern terminus at the Sawmill subdivision to the northern edge of Hackney Prairie
Road. A sidewalk shall be constructed on the western side of Timber Ridge Trail. The
road and sidewalk improvements described in this section 8(B) are more specifically
shown in attached Exhibit "D ", (hereinafter the "Timber Ridge Trail Improvements ").
ii. Right -of -Way: To the extent necessary to construct the Timber Ridge Trail
Improvements, the OCPS shall donate the minimum right -of -way necessary. However,
under no circumstances, shall OCPS be required to obtain additional real property for
right -of -way.
Tract J is the location for the extension of Timber Ridge Trail, with Orange County providing the necessary
property in order to construct the Timber Ridge Trail Improvements.
Issue:
Should the Honorable Mayor and City Commissioners adopt a resolution amending plat note 12 and rescinding
plat note 13 of the plat of Sawmill Phase II, in order to extend Timber Ridge Trail to Hackney Prairie Road?
Recommendations:
Staff supports the resolution as stated based on the tri -party agreement with the City of Ocoee, Orange County
School Board (OCPS) and Orange County for the construction of the Hackney Prairie Road Area Relief School
Site.
Attachments:
Copy of Plat Showing Dedication and Access
Resolution
Financial Impact:
None
Type of Item: (please mark with an "x")
X Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
X Resolution Regular Agenda
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
2
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THIS INSTRUMENT PREPARED BY:
Robin G. Drage, Esq.
Shuffield Lowman & Wilson P.A.
1000 Legion Place, Suite 1700
Orlando, FL 32802
(407) 581 -9800
AFTER RECORDING RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive For Recording Purposes Only
Ocoee, FL 34761
(407) 905 -3100
RESOLUTION NO.
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
AMENDING PLAT NOTE 12 AND RESCINDING PLAT
NOTE 13 OF THE PLAT OF SAWMILL PHASE II, AS
RECORDED IN PLAT BOOK 25, PAGES 86 - 88 OF THE
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, IN
ORDER TO ALLOW THE FUTURE USE OF TRACT J OF
SAID PLAT FOR THE PURPOSES OF PUBLIC ACCESS
TO HACKNEY PRAIRIE ROAD; PROVIDING FOR
CONFLICTS, RECORDATION AND SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Ocoee, Florida (the "City ") is the owner Tract J of Plat of
Sawmill Phase II, according to the plat thereof as recorded in Plat Book 25, Page 86 - 88 of the
Public Records of Orange County Florida (the "Plat "); and
WHEREAS, the City holds title to Tract J of the Plat ( "Tract J ") by virtue of that
certain Special Warranty Deed dated May 15, 1997 from Sawmill Homeowners Association, Inc.,
as recorded in Official Records Book 5273, Page 1692, of the Public Records of Orange County
Florida; and
WHEREAS, the Plat contains the following General Notes with respect to Tract J:
ORLA_1782850.2
(i) General Note 12 which reads as follows: "Tract J is to be owned and maintained
by the homeowners association and is to be used for emergency vehicle access." ( "Plat Note
12 "); and
(ii) General Note 13 which reads as follows: "Access rights to Hackney Prairie Road
from Tract J is hereby dedicated to the City of Ocoee. Tract J is not to be used as access to
Hackney Prairie Road by the homeowners of Sawmill Phase I & II ( "Plat Note 13 "); and
WHEREAS, the School Board of Orange County, Florida." (the "School Board ")
owns a parcel land located in unincorporated Orange County which is adjacent to and west of Tract
J (the "School Board Tract "); and
WHEREAS, the School Board intends to construct an elementary school on the
School Board Tract and desires to use Tract J for ingress and egress to and from the School Board
Tract; and
WHEREAS, the City has determined that Plat Note 12 and Plat Note 13 do not
prohibit the use of Tract J by the School Board for ingress and egress to and from the School Board
Tract; and
WHEREAS, the City Commission desires to amend Plat Note 12 and Plat Note 13
so as to allow the use of Tract J for public access to and from Hackney Prairie Road, including but
not limited to the use thereof in connection with the future development of the School Board Tract;
and
WHEREAS, the City Commission has approved this resolution at an advertised
public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
ORLA_1782850.2 -2-
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.
SECTION 2. Amendment of Plat Note 12. Plat Note 12 as it appears on
the Plat is hereby amended to read as follows:
"Tract J may be used for public right -of -way access to and from
Hackney Prairie Road."
SECTION 3. Rescission of Plat Note 13. Plat Note 13 as it appears on
the Plat is hereby rescinded and deleted in its entirety.
SECTION 4. Conflicts. In the event of any conflict between this
Resolution and the Plat, it is agreed that this resolution shall control.
SECTION 5. 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 6. 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 7. Effective Date. This Resolution shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 2012.
ORLA_1782850.2 - 3 -
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of , 2012.
By:
City Attorney
ORLA_1782850.2 -4-
Copy of Advertisement (that ran in the print media)
Date Published and Media Name
cfaincr.,
Thursday, March 22, 2012 SECTION
Advertisement or Article
CITY OF OCOER
NOTICR OF PUBLIC HEARING
TO CONSIDER AN AMENDMENT TO THE
SAWMILL PHASE II PLAT
NOTICE IS HEREBY GIVEN, pursuant to the Code of the City of Ocoee,
that on TUESDAY, APRIL 3, 2012, at 7:15 p.m., or u soon thereafter as
practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEAR-
ING at the Ocoee City Commission Chambers, 150 North Lakeshore Drive,
Ocoee, Florida, to consider the amendment to the plat for Sawmill Phase II
and to consider the adoption of the following resolution:
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AMENDING
PLAT NOTE 12 AND RESCINDING PLAT NOTE 19 OF THE PLAT OF
SAWMILL PHASE II, AS RECORDED IN PLAT BOOK 25, PAGES 86 - 88
OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, IN OR-
DER TO ALLOW THE FUTURE USE OF TRACT J OF SAID PLAT FOR
THE PURPOSES OF PUBLIC ACCESS TO HACKNEY PRAIRIE ROAD;
PROVIDING FOR CONFLICTS, RECORDATION AND SEVERABILITY; .
PROVIDING AN EFFECTIVE DATE.
Interested parties may appear at the public hearing and be heard with re-
spect to the proposed actions. The complete case Me, including a complete •
legal description by metes and bounds, may be inspected at the Ocoee De-
velopment Services Department, Planning Division, 150 North Lakeshore
Drive, Ocoee, Florida, between the hours of 8:00 a.m. and 5:00 p.m., Mon-
day through Friday, except legal holidays.
The City Commission may continue the public hearing to other dates and
times, as it deems necessary. Any interested party shall be advised that the
dates, times, and places of any continuation of these or continued public
hearings shall be announced during the hearings and that no further no-
tices regarding these matters will be published. You are advised that any
person who desires to appeal any decision made during the public hearings
wm need a record of the proceedings and for this purpose may need to en- -
sure that a verbatim record of the proceedings is made which includes the
testimony and evidence upon which the appeal is based. In accordance with
the Americans with Disabilities Act, persons needing a special accommoda-
tion or an interpreter to participate in this proceeding should contact the
City Clerk's Office 48 hours in advance of the meeting at (407) 905-3105.
Beth Eikenberry, City Clerk
March 22, 2012 12 -1488W