2016-016 Resolution Vacating Note 14 on the Villages of Wesmere Phase 2 Plat, Plat Book 75, Page 88 DOCII 20160572393
11/02/2016 08:24:42 AM Page 1 of 2
Rec Fee: $18.50
Martha 0. Haynie, Comptroller
Orange County FL
MB - Ret To: CITY OF OCOEE
RESOLUTION NO. 2016-016 ,III Rib': ` ti
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, VACATING NOTE 14
ON THE VILLAGES OF WESMERE PHASE 2 PLAT RECORDED AT PLAT
BOOK 75, PAGE 88, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;
AMENDING CONDITION OF APPROVAL REQUIRING PLAT INCLUDE SAID
EASEMENT; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, upon receipt of the application of Villages of Wesmere Homeowner's
Association, requesting that the City Commission of the City of Ocoee, Florida, vacate NOTE 14
of the Villages of Wesmere Phase 2 Plat filed at Plat Book 75, page 88, Public Records of
Orange County, Florida ("Plat"), relating to the public's interest in pedestrian and bicycle access
over all internal roadways, sidewalks, pedestrian easement areas shown on said Plat and other
related facilities in favor of all students, parents, supervisors, educators, or school invitees as
stated in the plat note, this item was duly presented to the City Commission at its meeting on
October 18, 2016; and
WHEREAS, it appears that the Village of Wesmere Homeowner's Association is the fee
simple owner of the above-described property and the vacation of said plat will not affect the
ownership or right of convenient access of persons owning property in said subdivision; and
WHEREAS, it appears that all state and local taxes due on and owning on said property
have been paid, that due and property notice of petitioner's intention to apply to vacate said note
on the plat has been given as required by law, and proof of publication of said notice has been
filed with the petition; and
WHEREAS, vacation of NOTE 14 on said Plat is proper.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, following a public hearing on October 18, 2016, the above
described NOTE be vacated, and it is
FURTHER RESOLVED that the associated Condition of Approval 66, for Villages of
Wesmere PUD, which was first approved by the City Commission as the Villages of Wesmere
Townhomes on April 11, 2006, and was later approved by the City Commission on November
19, 2010, in the Development Agreement recorded at Official Records Book 10139, page 7991,
Public Records of Orange County, Florida, and as may be amended from time to time, shall also
be amended to strike the requirement that, "Each subdivision Plat (or separate document) shall
include an easement for pedestrian and bicycle-riding purposes over the paved streets and
sidewalks in favor of all students and their parents/supervisors traveling to and from schools. The
easements shall restrict access to the time in which the public schools are open for use by
•
students (90 minutes before, and 90 minutes after the schools are open for use by students)" and
it is
FURTHER RESOLVED that a certified copy of this Resolution will be recorded in the
public records of Orange County, Florida.
ADOPTED this 18th day of October, 2016.
Signed, sealed and delivered in the OF.•COEE
Presenc of
By:1L-: alik♦
Print e Rusty Johnso,,14iiyor
if
Print am' : ATTEST: ��`,A__
Melanie Sibbitl,,City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE CITY OF OCOEE
THE CITY OF OCOEE, FLORIDA: COMMISSION IN A MEETING HELD
APPROVED AS TO FORM AND ON��6bb `� , 2016, UNDER
LEGALITY this /J day of ITEM NO. /02
De,-r2,1;t 2016.
SHUFFIELD, LOWMAN & WILSON, P.A.
By: r _
• yAtt'
STATE OF : '. I A
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County foresaid to take acknowledgements, personally appeared, RUSTY JOHNSON, and MELANIE
SIBBITT, personally known to me to be the Mayor and acting City Clerk, respectively, of the City of
Ocoee, Florida, and that they severally acknowledged executing the same in the presence of two
subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality.
L WITNESS my hand and official seal in the County :nd State ast aft - .•a t ' 11, day of
5A�iXbeC , 2016. ffP
Signatu of Notary
Nrr rr
•„�;.rte.,, NICHOLE DERIENZO Name of Notary(typed,printed or stamped)
�, MY COMMISSION A FF 997378
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