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
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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.
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II !7 I L-7 L7 I / /
z_....77 .40
1 I
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13 9 10 11 12 113 14 15 16 8 9 10 11 12 13 14 c o
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1 0 0 VAI
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50 30 25125 50 50 50 10 50 78.2 o
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,IDR AIIR ADDR 4'1W inns , ADDR ADDR ADDR ADDR ADDR ADDR on
ADDR ADDR ' WIJR S T RD ! ADOR ADOR ADDR ADDR ADDR •,/
31 40 R 50 50 50 50 50 78.6 96. 13
1 I 10 (8190)
I N I 0 p 0 / 0
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I I N ' OOP .'
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AODR ADDR 17TH AV ADDR ADDR ADDR ADDR ADDR ADOR
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