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HomeMy WebLinkAboutIII (B) Acceptance and Authorization for Mayor and City Clerk to Execute Annexation Agreement with C Kevin Gilliam for 307 Wurst Road AGENDA 5-2-95 • • _e A• Item III B • . �,.*of 000. JAMES W.SHIRA,P.E. CITY ENGINEER/UTILITIES DIRECTOR 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 PHONE(407)656-2322 EXT.142•FAX(407)656-7835 MEMORANDUM DATE: April 25, 1995 TO: The Honorable Mayor and Board_ f City Commissioners FROM: James W. Shira, P.E. City Engineer/Utilities? erector SUBJECT: Annexation Agreement-307 Wurst Rd. Attached for your information is a copy of a proposed Annexation Agreement between the City of Ocoee and C. Kevin Gilliam, Trustee of the G.S. 1 Trust. This agreement was prepared at the request of Mr. Gilliam, in order that he could receive City of Ocoee water service to property located at 307 Wurst Rd. This agreement constitutes a petition for voluntary annexation. The property is outside the city limit of Ocoee, and consists of Lot 5 and 6, Block 9,North Ocoee Addition No.l. One single family residence is located on the property. Since it is not contiguous to the current city limit, the property cannot be annexed at this time. A shallow well had provided potable water for the residence, but the well recently failed. this failure left the residence without potable water, and a determination was made that there was a need for an immediate connection to the city's water system. This connection has been made, and the property is being billed at 125% of the standard rate in accordance with city policy. This agreement provides that, at the time the city determines that the property can be annexed, the city has the right but not the obligation to annex the property. All policies, procedures and requirements relating to annexations at that time would apply to this property. I recommend that the City Commission authorize the Mayor and City Clerk to execute this Annexation Agreement. OSOrti- THE PRIDE OF WEST ORANGE /I 5'"`-'" Co THIS INSTRUMENT PREPARED BY STEVEN W. ZELKOWTTZ, ESQ. Assistant City Attorney Foley&Lardner Post Office Box 2193 Orlando, FL 32802-2193 THIS INSTRUMENT SHOULD BE RETURNED TO: JEAN GRAFTON City Clerk City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 For Recording Purposes Only Tax Parcel Identification Number(s): 08-22-28-5956-09-050 • ANNEXATION AGREEMENT THIS ANNEXATION AG (the ."Agreement") is made and entered into this day of , 199 , try, and between the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 Nbrth Lakeshore Drive, Ocoee, Florida 34761 (the "City") and C. KEVIN GILLIAM, Trustee of the G.S. 1 Trust dated March 8, 1984, whose mailing address'is 301 N. Ferncreek Avenue, Suite A, Orlando, Florida 32803 (the "Owner"). WITNEaaETH: WHEREAS, the Owner owns certain real property located at 307 Wurst Road, Ocoee, Florida 34761, Tax Parcel Identification Number 08-22-28-5956-09-050 as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, the Property is located within the City water territorial areas as set forth in the Territorial Agreements (as defined below); and WHEREAS, the Property is located within the Joint Planning Area as defined in Joint Planning Area Agreement dated February 11, 1994 between the City and Orange County as it may be amended from time to time (the "Joint Planning Area Agreement"), but the Property does not currently meet the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes; and WHEREAS, the Owner of the Property has requested, and the City has agreed, subject to the terms, conditions and limitations hereinafter set forth, that the City shall provide water service to the Property; and WHEREAS, in consideration of the City providing water service to the Property, the Owner desires to voluntarily petition the City to annex the Property pursuant to Section 171.044, Florida Statutes; provided, however, at this time the City cannot annex the Property because the Property does not currently meet the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes; and WHEREAS, the parties acknowledge and agree that this Agreement constitutes a petition for the voluntary annexation of the Property pursuant to Section 171.044, Florida Statutes; and WHEREAS, the Owner agrees that at the time the City makes a determination that the Property meets the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes, and upon the request of the City, the Owner shall execute all applications and documents required by the City, pay all applicable fees, costs and expenses, and provide all documentation required by Florida law, including, but not limited to, Section 171.044, Florida Statutes, necessary for the voluntary annexation of the Property. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: SECTION 1. Recitals. The Recitals set forth above are true and correct and by this reference are incorporated herein as part of this Agreement. SECTION 2. Annexation. A. The Owner and the City acknowledge and agree that this Agreement constitutes a petition for the voluntary annexation of the Property pursuant to Section 171.044, Florida Statutes. The Owner and the City further acknowledge and agree that the petition cannot be processed at this time because the Property does not meet the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes. B. The City shall have the right, but not the obligation, to process the petition; provided, however, that the petition shall not be processed by the City unless and until a determination is made by the City, in its sole and absolute discretion, that the Property meets the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes, or such other provisions of the Florida Statutes as may then be applicable to voluntary annexations. Following such determination by the City and upon the written request of the City, the Owner shall within thirty (30) days of receipt of such written request from the City (i) execute all applications and documents required by the City at the time of such request in order to process the Owner's petition for voluntary annexation including, but not limited to, the Application for Annexation and Initial Rezoning Consistent with the Ocoee Comprehensive Plan and the Annexation and Initial Zoning Hold Harmless Agreement; (ii) pay all applicable fees, costs and expenses associated with the petition for voluntary annexation as required by the City; and (iii) provide all documentation required by Florida law, including, but not limited to, 2 Section 177.044, Florida Statutes, for the voluntary annexation of the Property including, but not limited to, a metes and bounds legal description of the Property. Following the Owner's compliance with the foregoing, the City shall have the right, but not the obligation, to process this petition for voluntary annexation without further action and/or request of the Owner. C. In the event the City determines, in its sole and absolute discretion, that the requested annexation is inconsistent with the Ocoee Comprehensive Plan, the Owner must apply for a Comprehensive Plan Amendment and pay the applicable development review fees in connection therewith. In the event the City determines, in its sole and absolute discretion, that a developer agreement is required in connection with the annexation, then the Owner must pay the applicable development review fees in connection therewith. The Owner shall pay such additional development review fees as may be required by the Code of the City of Ocoee in effect at the time of annexation. D. The Owner acknowledges and agrees that this Agreement does not in any way obligate or require the City to annex the Property or grant to the Owner any particular zoning which may be requested in connection with such annexation. E. The Owner acknowledges and agrees that any zoning granted to the Owner in connection with the Property shall be consistent with the terms and conditions of the Joint Planning Agreement as it may be amended from time to time. SECTION 3. Water Service. A. Subject to the terms, conditions and limitations set forth in this Agreement, the City agrees to provide water service to the Property upon compliance by the Owner with all applicable regulations of the City and the payment all fees, costs and expenses associated therewith. The Owner shall execute all developer agreements for water as required by the City in connection with the provision of water service to the Property. B. This Agreement does not in any way reserve any water capacity or guarantee the availability thereof. C. The Owner acknowledges and agrees that for so long as the Property is not located within the corporate limits of the City, the monthly rates and charges for water service as established by the City from time to time shall be charged at the same rate charged to consumers within the corporate limits of the City plus a surcharge equal to twenty-five percent (25%) of such monthly rates and charges for water service or such other surcharge as the City may impose from time to time. The Owner agrees to pay all such charges for water service and surcharges as required by the City. D. The Owner acknowledges and agrees that the Property is not located in the corporate limits of the City and that water capital charges as established by the City from time to time shall be charged at the same rate to consumers within the corporate limits of the City 3 Diu a surcharge equal to twenty-five percent (25%) of such water capital charges or such other charges as the City may impose from time to time. The Owner agrees to pay all water capital charges and surcharges as required by the City. SECTION 4. Agreement Runs with the Land. In consideration of the City providing water service to the Property, the Owner and the City acknowledge and agree that this Agreement is irrevocable and, further, this Agreement and all other rights and obligations of the parties hereunder are intended to and shall run with the Property, and shall bind, and inure to the benefit of, the parties hereunder and their respective successors in title. SECTION 5. Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement and that the Property is free and clear of all liens and encumbrances [except for the lien of the mortgages referenced in the Joinder, Consent and Subordination attached hereto]. B. The City makes no representations or warranties with regard to this Agreement and reserves the right to process Owner's petition for voluntary annexation in its sole and absolute discretion. SECTION 6. Title Evidence and Survey. A. As a condition precedent to the execution of this Agreement by the City, the Owner shall provide title evidence, in a form and substance satisfactory to the City, showing the Owner as the owner of fee simple title to the Property. Such title evidence shall also show whether the Property is encumbered by a mortgage or otherwise. In the event the Property is encumbered, the Owner shall provide a Joinder, Consent and Subordination of all mortgagees to this Agreement prior to the execution of this Agreement by the City. B. Unless the Property is a platted lot as shown in the title evidence required above, as a condition precedent to the execution of this Agreement by the City, the Owner shall provide a survey in accordance with the minimum technical standards for land surveys set forth in Chapter 61G17-6, Florida Administrative Code. Such survey shall be consistent with the legal description of the Property set forth in Exhibit "A". SECTION 7. Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or, if delivered personally, when received. 4 APP-F5- 5°1i 13:59 C17: Cr- MIZE E1 3i1EEtit13 are &SS ?6-15 P.Ji mew: rax IYUte !016 .+... W4011!i ;lanystw ;,we 1 i 00i1t1► • _ _ .._. .. _.._..__.... — ... .. (omin __ .._..... ;rapes :FCt TNAOst fSi>N TtY�M►I ! ;CSAR • ,Orlikid 0NPn aver DP�ler , �O // rr • _....<o...t6 --....7 dt 7 ,_.. _.. ..__..._ _ ..._..... . . .. - . ... . SECT ON S. Dem and Remedies. TN THE EVENT THE OWP i i FA= TO COMPLY WITH ANY OF THE UR2413 AND CONDTTR)NS OF THIS AGEEMENT AND SUCH FAILURE CONTINUES FOR WORT! (31)DAYS METER WRTPIEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE ANY WATER SERVICE PROVIDED TO THE PROPERTY. THE OWNER1MFaY CONSENTS TO SUOIDISCONNECITON AND manturalq OF WAVIR SERVICE AND J++ cti y;;//` AIM ANY CLAIMS BASED UPON TBE DISCONNECTMN AND a ,I a• .61 OF SUCH WATER SERVICES,/THE MY.I OWNiR'S/MUM � 7;0— SECTION YSECTION 9. Inde sroilhatio■. A. The Owner httcby agrees to indemnify and save the City barmlaa from and against all lasses, ease, expenses, deltas, damages,judgments,liabilities and caries of action whatsoever(collectively,"Claims')indadingreasinable ationteys'feesemd paralegal fees both at trial and at appdiaoe Lewis,imsurg out of err alleged to have arisen aaat of this Agreement or been =mimed, in whale or in pars, by the cords of the City of its rights granted hereunder. The Owner shall asa its beat a arts to promptly notify the Ity in writing of any Claim and shall provide the CO with b fxrunation Twin the Claim as the CSty may reasonably regatta, but the fallaces to give such notice or provide such information shall not diminish the Owner's obligations older this Sasetiam. II. No Claim whatsoever shell be made or mated against the City by the Owner Lear or an account off aoyd:leg dons oras a resat of aaydsing done or omitted to be done in=maim with this Agatenteot. • S1uCi'ION 18. Bearding. The Owner adomwiedgmi and agrees that the City shall record this Agtmmacsit in the Public Records of Omege County, Monde,and the Owner epees to pay all coos emaciated daatewiih. SECDON it Territorial Age s. The reiereaxe herein to theTeeritaaiat Agreements >f to (i) the Change County/City of Ocoee Service: Territorial Agreement (Centrad No.S474),dated Jori 8, 1987.as amended by the Phys Amaldneest theme detect Peroai5ry 11, 1994.as it mei be mauled from time to time,and 01)the Offige Coatty/City of Ocoee Water Service Tl.Aga:meat(Contract No.W-88-06),dated November 14, 1988,as amended Feborari 11, 1994,as it may be amended fawn time to time. 5 TOTAL P.91 SECTION 12. Miscellaneous. A. ANY FUTURE OWNERS OF THE PROPERTY SHALL TAKE TITLE TO THE PROPERTY SUBJECT TO THIS AGREEMENT AND BY ACCEPTING A DEED OF CONVEYANCE TO THE PROPERTY, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. B. The Property shall be deemed a single parcel and any subparcels of the Property which are created by subdivision or by any other means shall be subject to the terms and conditions of this Agreement, subsequent sale and individual ownership notwithstanding. C. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, in recordable form, signed by the parties hereto, or their respective successors and assigns. Any such modification or amendment shall not be effective until recorded in the Public Records of Orange County, Florida. D. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida. E. All of the terms of this Agreement, whether so expressed or not, shall be binding upon the respective successors, assigns and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns and legal representatives. F. The headings of this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. G. In the event the either party institutes a legal proceeding against the other party, to enforce the terms of this Agreement or for breach of any of the terms, conditions or covenants of this Agreement, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, paralegal fees and costs, both at the trial and appellate levels. H. In the event a third party institutes a legal proceeding against the City and/or the Owner, regarding the enforceability of this Agreement or any other matters arising out of or related to this Agreement, the annexation of the Property or the provision of water service, then in such event the Owner shall pay all costs, fees, charges, and expenses of the City relative thereto, including but not limited to attorney's fees and paralegal fees at both the trial and appellate levels. I. In addition to each and every remedy now or hereafter existing at law or in equity, the parties hereto expressly agree that City shall have the right to enforce this Agreement by an action for specific performance. 6 J. As from time to time requested by the City, the Owner agrees to execute such additional documents as may be necessary in order to effectuate the provisions of this Agreement. K. This Agreement embodies and constitutes the entire understandings of the parties with respect to the subject matter hereof and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement. L. The attached Exhibits are part of this Agreement as though fully set forth in this Agreement. IN WITNESS WHEREOF, the City has caused this Agreement to be executed as of the day and year first written above. "CITY" Signed, sealed and delivered CITY OF OCOEE, in the presence of: a Florida municipal corporation By: Signature S. Scott Vandergrift, Mayor Print/Type Name Attest: Jean Grafton, City Clerk Signature (SEAL) Print/Type Name APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON _, 199A UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 19945 FOLEY &LARDNER By: City Attorney 7 STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 0905 Signature of Notary Name of Notary (Typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): 8 1.7-/t9-IN WITNESS WHEREOF,.ithe Owner has caused this Agreement to be duly executed the day of 41,�HP;' 199 Signed, sealed and delivered in the presence of: "OWNER" C ` Signature C. KE I GILLIAM, individually and as Trustee of the G.S. 1 Trust dated March 8, 1984 P—�,+ • Name .��� ..„Lu I)/ (.acs Print/Type Name I� STATE OF / /O /)4 COUNTY OF LV? I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared C. KEVIN GILLIAM, individually and as Trustee of the G.S. 1 Trust dated March 8, 1984 who [ is personally known to me or [ ] produced as identification, and that he acknowledged executing the foregoing instrument for the purposes and uses therein described. WITNESS my hand aid official seal in the County and State last aforesaid this 13 day of ,' it / , 1994 I 4111.g..0.-- , -f-re- of N,'. 1-7-1 MY COMMISSION i CC 236037 ,r : S:November 1IThW Notary Public UnderflMlmB ��•(/( Name of Notary (Typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): 9 OCT 21 ' 94 14: 00 PAGE . 002 JOINDER CONSENT AND SUBORDINATION The undersigned hereby certifies.that NATIONSBANK OF FLORIDA, N.A., successor in interest to NCNB National Rank of Florida is the holder of a mortgage, lien or other encumbrance upon the above described property, and that the undersigned hereby joins in and consents to the foregoing instrument by the owner thereof and agrees that its mortgage, lien or other encumbrance, which is recorded in Official Records Book 4325, Page 895, in the original sum of $26,000.00, of the Public Records of Orange County of Florida, shall be subordinated to the foregoing instrument, Dated this 17 day of I ovember , 1994. Signed, sealed and delivered NATIONSBANK OF FLORIDA, N.A., in the presence of: successor in interest to NCNB National Bankorida / . ct.c,C L By: 17G \1bi in Nam Nancy Diedrich Name: ( hJOICYLL� Kathy van Oeveren, Vice President (dititAI4J Its: Name Christine Warren (CORPORATE SEAL) STATE OF FLORIDA ) ) COUNTY OF ORDVIME Hi, \,sbcccugh -�L TEM IS TO CERTIFY, hat on this 1 7 day of A,NcroherT994, before me, an officer duly auth •' to take a owledgements in the S� our aforesaid, Personally appeared C, : ' va r i P .C'V r Yl°l , as Y !(f 4d V t— of NATIONSBANK O RID�A, N.A., successor in interest to NCNB National Bank of Florida, who ispersonally know" to me or [ l produced as identification, and that who acknowledg ad that She as the individual described in and who executed the foregoing instrument and acznowledged the execution thereof to be his/her free act and deed as such officer thereunto duly tuthorized, that the official seal of said corporation is duly affixed thereto. f IN WITNESS , I have hLreunto setl—ny ham' and seal on the above date. (- 14i/111 , 4 / t, &,k__ ,;"" 10M Y D.SHEELER Siglpature of Notaty 414.' MY COMSSION I CC 240246 • WIRES:Nam s.,aee .„„.h eondion.0 Noor Pubis Underatiort - ' Name of Notary cryiw.Printed or Sanp+d) Comni.:oo Number(f not i.pbk on sed): My Commiwon Expire.Of not*Rik on erst): 10 EXHIBIT "A" LEGAL DESCRIPTION LOT 5 AND 6, BLOCK 9, NORTH OCOEE ADDITION NO. 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 0, PAGE 68 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. 1 3 T AV ADDR ADDR ADDR ADDR ADDR ADDR ADDR ADDR ADDR ADOR AODR ADDR ADDR 50 50 25125 25:25 50 50 50 50 75.9 50 •,� 1 I4i! (5956) 0)e si 4 8 71 6 5 41 3 2 1 0 0 V. II\ 7 6 5 4 3 2 1 = MD 09 II !7 I L-7 L7 I / / z_....77 .40 1 I 4L_714_4L_714___,iI g 95 -,' • "! Z 13 9 10 11 12 113 14 15 16 8 9 10 11 12 13 14 c o 12 III 0 1 0 0 1 0 0 VAI I► I I 50 30 25125 50 50 50 10 50 78.2 o O ,IDR AIIR ADDR 4'1W inns , ADDR ADDR ADDR ADDR ADDR ADDR on ADDR ADDR ' WIJR S T RD ! 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