2012-005 Sawmill Phase II THIS INSTRUMENT PREPARED BY: DOC# 20120184615 B: 10358 P: 7327
04/09/2012 01:47:43 PM Page 1 of 4
Rec Fee: $35.50
Robin G. Drage, Esq. Martha 0. Haynie, Comptroller
ang
Shuffield Lowman & Wilson P.A. MBa Ret 6COEE
1000 Legion Place, Suite 1700
Orlando, FL 32802
407 581 -9800 'III
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. 2012-005
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:
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(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:
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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 3 day of lot p k , 2012.
ORLA_1782850.2 -.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
'op11.. . .f #4&_.! • ._ -i-1;4" / ...
Arr.:a AL
ikenberry, City Clerk S colt Vandergrift, Mayor
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO. Li-
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
.4 APPROVED AS TO FORM AND LEGALITY
this day of -, , IL , 2012.
Tt4`VC (7 itu' LW -MA V- v� '' ` Q
By: ` "1 OJ ---.)
City Attorney
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ORLA_1782850.2 -4-