HomeMy WebLinkAboutV (A) Public Hearing - Second Reading 1) Ordinance No 95-10, Case No 94-08-06: Lewis - Annexation - Lewis Annexation Agreement 4
AGENDA 4-4-95/+f••I S•!s
• "CENTER OF GOOD LIVING- PRIDE OF WEST ORANGE" Item VI A 1 y Ai
Ocoee
Q1O COMMISSIONERS
y •• CITY OF OCOEE RUSTY JOHNSON
.. . a. PAUL W.FOSTER
v O 150 N.LAKESHORE DRIVE SCOTT A.GLASS
OCOEE,FLORIDA 34761-2258 JIM GLEASON
(407)656-2322
CITY MANAGER
f'P OF 6000 ELLIS SHAPIRO
STAFF REPORT
SRP-478
DATE: March 30, 1995
TO: The Honorable Mayor and City Commission
THROUGH: Russ Wagner, Director of Planning itty)
FROM: Abra Dow, Planner OAP
SUBJECT: Marjorie Lewis Annexation; 904 Silver Star Road
CASE NO: AR-94-08-06
ISSUE:
Should the Honorable Mayor and City Commission approve the above application to annex the ±0.5 acre
Marjorie Lewis property located on the northeast corner of Silver Star Road and Woodson Avenue?
BACKGROUND:
The Lewis property contains a single family residence and is situated on the northeast corner of Silver Star Road
and Woodson Avenue. This area is characterized by older, single family development with some small
commercial businesses located approximately 850 feet to the east. The property is designated Low Density
Residential on the City Future Land Use Map, County Future Land Use Map, and Joint Planning Area Map.
The owner has requested an initial zoning classification of R-1A, Single Family Dwelling District, which would
be consistent with the above referenced maps.
The primary reason for annexation is the extension of potable water service to the residence. Staff has determined
that the City could provide this service.
Should the City decide to annex the property, it would represent a nominal fiscal impact. The 1994 assessed
value of the property is $62,126 but the taxable value is $36,626 due to exemptions. The estimated City of
Ocoee ad valorem tax revenue would be $146.50. The existing residence impacts the roadway network and the
City is already "first responder" for fire and emergency calls. The owner will continue to use her septic system
and does not expect to be connected to the City's sewer system. There will be added demand for water, police,
and solid waste services after annexation but it would be minimal. Accordingly, staff feels that if the property
is annexed the taxes generated by the property will sufficiently offset the need for services; therefore, annexation
of this property is feasible based upon these considerations.
The only level of service question which has arisen is adequate right-of-way. The City of Ocoee should secure
right-of-way along Silver Star Road and Woodson Avenue as indicated in the Annexation Public Facilities and
Services Analysis (attached). Both roads lack adequate right-of-way. A minimum of 120 feet of right-of-way
is required along arterial roads such as Silver Star and 60 feet of right-of-way is required for local roads such
as Woodson. It is unlikely that the property will be redeveloped soon; therefore, this may be the only opportunity
to secure the additional 20 feet of right-of-way along the north side of Silver Star and 10 feet along the east side
of Woodson Avenue.
•
SUBJECT: Marjorie Lewis Annexation; Case #AR-94-08-06
March 30, 1995
Page Two
With respect to State annexation criteria, §171.044 of the Florida Statutes grants municipalities the authority to
annex contiguous, compact, non-circuitous territory so long as it does not create an enclave. If annexed, the
Lewis property would reduce the size of the "Center Street Enclave." The Lewis property is compact, non-
circuitous, and contiguous to the City along roughly 139 feet of its southern property line; therefore, the
requested annexation is consistent with State criteria for annexation pursuant to Chapter 171 as well as the
standards established by the City and those in the JPA Agreement. Orange County has been notified of the
potential annexation of this property and stated in their September 23, 1994 letter that the County does not have
any objections.
PLANNING & ZONING COMMISSION RECOMMENDATION:
At their meeting on March 29, 1995, the Planning & Zoning Commission found the proposed annexation to be
consistent with: (1) the Ocoee Comprehensive Plan; (2) the Ocoee Land Development Code; (3) Chapter 171,
Florida Statutes; and (4) the JPA Agreement. Accordingly, the Planning and Zoning Commission unanimously
recommended that the ±0.5 acre Marjorie Lewis property located on the northeast corner of Silver Star Road
and Woodson Avenue be annexed by the City Commission subject to the dedication of the necessary right-of-way
along Silver Star and Woodson as well as the execution of necessary developer agreements.
STAFF RECOMMENDATION:
The Development Review Committee(DRC) met on March 8, 1995, in compliance with City of Ocoee Resolution
#94-10, and recommended conditional approval of the above referenced annexation. Staff respectfully
recommends that the City Commission,upon finding the application in Case#AR-94-08-06 to be consistent with:
(1) the Ocoee Comprehensive Plan; (2) State and local annexation criteria; and (3) the JPA Agreement,
APPROVE Ordinance #95-10 subject to the dedication of the necessary right-of-way along Silver Star and
Woodson as well as the execution of necessary developer agreements.
Attachments: Public Facilities and Services Analysis
Ordinance#95-10
Legal Desription (Exhibit A)
Location Map(Exhibit B)
File: MMO-SRP-478.bcc
City of Ocoee Planning Department
Annexation Public Facilities & Services Analysis
Date: March 2, 1995 Case Number: AR-94-08-06
Marjorie Lewis
This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual
properties. Each department has filled in the appropriate section and the findings are summarized below.
I. Planning Department:
A. Applicant(s): Marione Lewis and Betty Ervine
Contact Phone#: 5407) 656-0073
B. Property Location:
1. Parcel Id. No.: 17-22-28-8420-02-032
2. Street Address: 904 East Silver Star Road
3. Legal Description: Sunny Slopes, Block B, Lot 4 &the South 75' of Lot 3
4. Directions: Corner of Woodson Avenue & Silver Star Road
5. Size: + 0.5 acre
C. Proposed/Existing Use: Single Family Residence
1. Residential Units: one (1) dwelling
2. Projected Population: 1 - 3
3. Office or Professional: n/a
4. Commercial: n/a
5. Industrial: n/a
D. Zoning Classifications and Future Land Use (FLU) Designations:
1. Orange County Zoning Classification: R-1, Single Family Residential District
2. Orange County FLU Designation: Low Density Residential (1-4 dua)
3. Requested City of Ocoee Zoning: R-1A, Single Family Dwelling District
4. Proposed City of Ocoee FLU Designation: Low Density Residential (< 4 dua)
5. Consistent With: Comp Plan? y_es erne JPA? y_es ern
6. Comp Plan Amendment Required? yes-or no When? n/a
7. Comments: Applicants wish to connect to City water service.
II. Fire Department: Chief Strosnider
A. Estimated Response Time: 3 minutes
B. Distance Traveled (to property): 1.5 miles
C. Nearest Fire Hydrant (mark on map): First Street and Silver Star Road
D. Fire Flow Requirements (circle one): meets
E. Comments: As a result of an Agreement with Orange County,this property is already served for"first response"
by the City of Ocoee Fire Department.
• Page 1 •
City of Ocoee Planning Department
Annexation Public Facilities & Services Analysis
Date: March 2, 1995 Case Number: AR-94-08-06
Marjorie Lewis
III. Police Department: Chief Mark
A. Estimated Response Time: 3 - 5 minutes
B. Distance Traveled (to property): 1.5 miles
C. Police Patrol Zone: North
IV. Finances: Abra
A. 1994 Orange County Assessed Value: $36,626
B. Estimated City of Ocoee Ad Valorem Tax Revenue (if annexed): $146.50
C. Anticipated Licenses & Permits: $0.00
D. Total Projected Revenues: $146.50
V. Utilities: Jim/Ray
A. Potable Water Issues:
1. In Ocoee Service Area? its of-ae
2. Distance to Nearest Line? adjacent to property
3. Size of Water Main? 6"
4. Est'd Water Demand? 300 gpd for single family residence
5. Can City Service this Property? y_es es-ae
6. Extension Needed? yes-Of no (on-site only)
7. Developer Agreement Needed? yeses no, unlikely
8. City Cannot Service Now or in the Future (check here):
B. Sanitary Sewer Issues:
1. In Ocoee Service Area? yes er--ae
2. Distance to Nearest Line? none in area
3. Size of Sewer Main? n/a
4. Est'd Sewer Demand? 270 gpd for single family residence
5. Can City Service this Property? yes-Of no
6. Extension Needed? yes er--ae
7. Developer Agreement Needed? yes arae If they want to be connected.
8. City Cannot Service Now or in the Future (check here): ✓unlikely
C. Other Utility Issues:
1. Utility Easement/ Private Lift Station Site / Well Protection Area Needed
2. Other Comments: none
■ Page 2 ■
City of Ocoee Planning Department
Annexation Public Facilities & Services Analysis
Date: March 2, 1995 Case Number: AR-94-08-06
Marjorie Lewis
VI. Transportation: Abra
A. Paved Access to Property? +Les ec-Re Silver Star Road &Woodson Avenue
B. ROW Dedication? +Les acne Specify: n/a 20' of ROW required on Silver Star Road and 10' of ROW
required on Woodson Avenue.
C. Traffic Study: not required for annexation
D. Traffic Zone: 271
E. Other Traffic Improvements Needed: none
VII. Building Department: Julian/Don
A. Anticipated Licenses & Permits: 0
B. Within 100 year flood plain: No
C. Potential Impact Fees: Minimal, if any fees, licenses, etc.
VIII. Preliminary Concurrency Evaluation: Janet - No concurrency issues
A. Transportation: existing/de minimis impact
B. Parks/Recreation: existing impact based upon location
C. Sewer/Water Capacity: adequate to serve additional water demand
D. Other Issues: Based upon its location,this property may continue to be subject to stormwater run-off
of uphill neighbors. It may be difficult to pick up garbage.
IX. Specify Other Comments &Considerations Below:
There is a 50 foot building setback from Silver Star Road. The Land Development Code requires that residential lots
which front on arterial roads have a minimum death of 125 feet.
• Page 3 •
ORDINANCE NO. 95-10
CASE NO. 94-08-06: LEWIS
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE
CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY
CONTAINING ± 0.5892 ACRES LOCATED ON THE NORTHEAST CORNER OF SILVER
STAR ROAD AND WOODSON AVENUE, PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNERS; FINDING SAID ANNEXATION TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE CITY
CODE AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND
AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION
TO THE CITY CLERK; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR
CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner or owners of certain real
property located in unincorporated Orange County, Florida, as hereinafter described, have petitioned the
City Commission of the City of Ocoee, Florida ("the Ocoee City Commission") to annex said real
property into the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has determined that said petition bears the signatures
of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee,
Florida; and
WHEREAS, notice of the proposed annexation has been published pursuant to the requirements
of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Chapter 180 of the Code of Ordinances
of the City of Ocoee (the "Ocoee City Code"); and
WHEREAS, on February 11, 1994, the Joint Planning Area Agreement ("the JPA") between
Orange County and the City of Ocoee, in furtherance of settlement of litigation between the parties, was
executed.
WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has reviewed
the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply
with all applicable requirements of the Ocoee City Code, to be consistent with the JPA, and to be in the
best interests of the City of Ocoee and has recommended to the Ocoee City Commission that it approve
said annexation petition;
WHEREAS, the Ocoee City Commission has the authority,pursuant to Section 171.044, Florida
Statutes, to annex said real property into its corporate limits upon petition of the owners of said real
property; and
WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary
lines of the City of Ocoee, Florida, to include said real property.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY
OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. The City Commission of the City of Ocoee, Florida has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171,
Florida Statutes, and Section 7 of Article I of the Charter of the City of Ocoee, Florida.
SECTION 2. The City Commission of the City of Ocoee, Florida, hereby fords that the petition
to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida,
bears the signatures of all owners of the real property proposed to be annexed into the corporate limits
of the City of Ocoee, Florida.
SECTION 3. The following described real property located in unincorporated Orange County,
Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida:
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED
HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SECTION 4. A map of said land herein described which clearly shows the annexed area is
attached hereto as EXHIBIT "B" and by this reference is made a part hereof.
SECTION 5. The City Commission of the City of Ocoee, Florida, hereby finds that the
annexation of said land is consistent with the Ocoee Comprehensive Plan and meets all of the
requirements for annexation set forth in the Ocoee Comprehensive Plan and Ocoee City Code.
SECTION 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined
to include said land herein described and annexed.
SECTION 7. The City Clerk is hereby authorized to update and supplement official City maps
of the City of Ocoee, Florida, to include said land herein described and annexed.
SECTION 8. The land herein described and future inhabitants of said land herein described shall
be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and
regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other
areas of the City of Ocoee, Florida.
SECTION 9. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance
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 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 11. This ordinance shall take effect upon passage and adoption, and that thereafter
the City Clerk is hereby directed to file a certified copy of this Ordinance with the clerk of the circuit
court and the chief administrative officer of Orange County, Florida and with the Florida Department of
State within seven (7) days from the date of adoption of this Ordinance.
PASSED AND ADOPTED this day of , 1995.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED MARCH 26, 1995
ADVERTISED APRIL 2, 1995
READ FIRST TIME APRIL 4, 1995
READ SECOND TIME AND ADOPTED
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1995.
FOLEY and LARDNER
By:
City Attorney
•
PLAT OF SURVEY
DESCRIPTION
Lot 4 and the South 75.00 feet of Lot 3, less that part in
Silver Star Road, Block B, Sunny Slopes as Recorded in Plat
Book U, Page 99 of the Public Records of Orange County,
Florida. Described as:
Commence at the Southeast corner of the SW 1/4 of the NE 1/4 of Section 17,
Township 22 South, Range 28 East of Orange County, Florida; thence N01'50'00"W
a distance of 40.02 feet; thence N90'00"00"W a distance of 84.25 feet to a
point on the North Right of Way line of Silver Star Road and to a point of
curvature of a curve concave Northeasterly, having a radius of 533.69 feet,
run thence Northwesterly along the arc of said curve, through acentral angle
of 08'40"17", a distance of 80.77 feet to the Point of Beginning also
being the Easterly line of said Lot 4 and to a point on curve concave
Northeasterly, having a radius of 533.69 feet, run thence Northwesterly along
the arc of said curve, through a central angle of 15'22"14", a distance of
143.17 feet to a point on the East Right of Way line of Woodson Street; thence
NO1'50"00"W along said East Right of Way line a distance of 163.92 feet
to the North line of the South 75.00 feet of said Lot 3; thence N88'26"00"E
along said North Lot line a distance of 135.61 feet; thence SO1'50"00"E a
distance of 207.85 feet to the Point of Beginning.
Contains 0.5892 acres or 25664 square feet more or less.
Exhibit A
r
Marjorie Lewis
Case # AR-94-08-06
904 Silver Star Road
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LEGEND: located on the northeast corner of Silver Star & Woodson Avenue
North
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Oty of Orange Subject
Ocoee Canty Property
Exhibit B
0
' PRO NO.1640
NOTICE OF PUBLIC HEARING TO
CONSIDER ADOPTION OF PROPOSED
ANNEXATION ORDINANCES NO.911.10
CASE NO.AA.1406•06;LEWIS
CRY OF OCOEE
NOTICE IS HEREBY GIVEN
pursuant to Saptdns 166.041 and 171.044.Florida Slander and Simkins 1-10 and
50.Ocoee Land Da Moment Coda.Mat on Apo 16.1966 a 7:30 p.m.,or as noon
th.nwnr as pracocat.the OCOEE CITY COMMISSION vol hold a PUBLIC HEAR-
ING at the City Commission Orme".160 Nos Lakeshore 0m..Ocoee.Ronda
to consider on me second of two adopaon of the following ordinance:
AN ORDINANCE OF THE CITY OF OCO FLORIDA.ANNEINTO THE COR-
PORATE LIMITS OF THE CITY OF OCOEE.FLORIDA CERTAIN REAL PROPERTY
• CONTAINING=3.51112 ACRES LOCATED ON THE VER STAR ROAD AND WOODSON AVENUE.PURSUANT T TEAST O CORNER
OE APPLICATION
' SUBMITTED THFINDING SAID ANNEXATION TO BE •
• CONSISTENT WITH PROPERTYTHE OCOEE PENSIVE PLAN ANO THE OCOEE CITY
• CODE PROVIDING FOR AN AUTHORIZING THE UPDATING OF OFFICIAL CITY
MADE PROVIDING DIRECTION TO THE CITY CLERIC PROVIDING FOR SEVER.
ABIUTY:PROVIDING FOR CONFLICT:PROVIDING FOR AN EFFECTIVE DATE.
Sat forth below is a'nap showing the arra proposed to be.... ;
Marina Le.Y Mraaeon
Cm S AR.9406.06
i 904 Sher Sar Road
069/- .J i -. c..4 f i .err.. j
I key 1 _ .
ipt. . .... 144, ji
5. , -4
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"CL•m' northeast corner of Sliver Star.Woodson
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Cam COM N..+
The City Commission may dontinw the pubic hearing to other data and times as
and places cononuadon dawn neoneary.Pry of n .d Mparty shall be advised amma
ne sang.tines.
cluing the haenng and hat no further notices anngs snag b.an-
r.gardkhgg Inae cedars wig
be putrefied.
A appy of the arttin a apm .1.911 dssanpdn o by mates and
bounds.may tps wroected at the olrCity Clarks ONce.150 North L ek s ore
Dae.between the hours of&O0 a.m.and 5.•00 p.m..Monday through Friday.err.
cad legal hdrdays.Interested pita may MOM,at the meeting and be herd with
rsso.ct tone proposed Oroinrr,..My person who desires th copes any darssion
maos dung the public hearing may need a record of the aweeony and for this
purbose will need to ensure that a verbatim record of the proceedings is made
arch includes the testonony and evidence upon which d»adpeal Is bard.Per.
sons with disobliges needing assistance to parCdpa,in any of the
8564322.snot*,mum the Cry Olga s O 45 5011s in advance of n.miring at(40
JEAN GRAFTON.
CITY CLERK
01.552°F 49766°COM
MAR.26:APR2199S
AGENDA 4-18-95
"CENTER OF GOOD LIVING -PRIDE OF WEST ORANGE" Item V A 1 a
Ocoee �LU1I vHINVI✓I<..,><Ir�
\ S
/ COMMISSIONER
0� \
•• Q CITY OF OCOEE COMMISSIONERS
RUSTY PAUL W.FOSTER
0 150 N.LAKESHORE DRIVE SCOTT E GLASS
Co OCOEE,FLORIDA 34761-2258 JIM GLASON
1> (1_1)4'
(407)656-2322CITY MANAGER
Op 0000 STAFF REPORT ELLIS SHAPIRO
SRP-490
DATE: April 12, 1995
TO: The Honorable Mayor and City Commission
THROUGH: Russ Wagner, Director of Planning
FROM: Abra Dow, Planner eitV
SUBJECT: Marjorie Lewis Annexation Agreement
ISSUE:
Should the Honorable Mayor and City Commission approve the Annexation Agreement between Marjorie Lewis and
the City of Ocoee?
BACKGROUND:
On March 29, 1995, the Planning and Zoning Commission recommended approval of the Lewis annexation petition
conditioned upon the dedication of the necessary right-of-way and the execution of the necessary Water Service
Agreement. As indicated in the Annexation Staff Report, there is not enough right-of-way along Silver Star Road nor
along Woodson Avenue to meet Ocoee's minimum level of service requirements. The attached Annexation Agreement
requires that the property owner convey the necessary right-of-way within ninety days of the adoption of Ordinance
#95-10.
Although the Water Service Agreement was prepared,Mrs. Lewis has stated that she would like the potential to quickly
connect to City water service when and if her well fails. Accordingly, staff advised her that updated title work may be
required at the time the Water Service Agreement is executed and that connection would be subject to the availability
of water capacity at that time.
STAFF RECOMMENDATION:
Staff respectfully recommends that the Honorable Mayor and City Commission APPROVE the attached Annexation
Agreement between Marjorie Lewis and the City of Ocoee.
Attachments: Annexation Agreement File:SRP-490.bcc
THIS INSTRUMENT PREPARED BY:
David P.Barker,Esq.
FOLEY &LARDNER
111 North Orange Avenue
Suite 1800
Orlando, Florida 32801
AFTER RECORDING RETURN TO:
Jean Grafton, City Clerk
CITY OF OCOEE
150 North Lakeshore Drive For Recording Purposes Only
Ocoee, Florida 34761
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT (this "Agreement") is made this day of
, 1995, by and between the CITY OF OCOEE, a Florida municipal
corporation (hereinafter referred to as the "City"), whose mailing address is 150 North
Lakeshore Drive, Ocoee, Florida 34761, and MARJORIE A. LEWIS (hereinafter referred to
as the "Owner"), whose mailing address is 904 Silver Star Road, Ocoee, Florida 34761.
RECITALS
WHEREAS, the Owner owns fee simple title to certain property located in Orange
County, Florida, said property being more particularly described in Exhibit "A" attached hereto
and by this reference made a part hereof (the "Property"); and
WHEREAS,pursuant to Section 171.044, Florida Statutes, the Owner has petitioned the
City Commission of the City (the "Ocoee City Commission") to voluntarily annex the Property
into the corporate limits of the City (the "Petition"); and
WHEREAS, the Planning and Zoning Commission has held a public hearing to review
the Petition and at such hearing found the annexation of the Property to be consistent with the
Ocoee Comprehensive Plan, including the Future Land Use Map, and has recommended that the
Ocoee City Commission annex the Property into the corporate limits of the City; and
WHEREAS, the City has required that the Owner execute this Agreement as a condition
precedent to the consideration of the Petition by the Ocoee City Commission; and
WHEREAS, the Ocoee City Commission has reviewed the Petition and found the
proposed annexation to be consistent with the Ocoee Comprehensive Plan and to represent a
minimal fiscal and level of service impact on the City, with the exception of adequate right-of-
way along Silver Star Road and Woodson Avenue located adjacent to the Property; and
WHEREAS, the City has determined that the execution of this Agreement is essential
to the public health, safety and welfare and the ability of the City to plan for necessary
infrastructure improvements and the provision of municipal services to the Property in
accordance with the Ocoee Comprehensive Plan; and
WHEREAS,the City has determined that, subject to the terms, conditions and limitations
hereinafter set forth, it is feasible to extend municipal services to the Property on the same terms
and conditions afforded to all property owners within the City except to the extent set forth in
this Agreement; and
WHEREAS, the City has conducted an impact study with respect to the annexation of
the Property and determined that this Agreement and the annexation of the Property is consistent
with the goals, objectives and policies of the Ocoee Comprehensive Plan.
NOW, THEREFORE, in consideration of the mutual premises hereof, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
SECTION 1. RECITALS. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. CONVEYANCE OF RIGHT-OF-WAY. Within ninety(90)days from
the date of this Agreement, the Owner shall convey and dedicate to the City (i) twenty feet (20')
for road right-of-way along the south side of the Property adjacent to Silver Star Road and
(ii) ten feet (10') for road right-of-way along the west side of the Property adjacent to Woodson
Avenue. Such dedication shall be at the sole cost of the Owner and shall be documented by a
warranty deed to the City in form and substance satisfactory to the City. In addition, the Owner
shall provide the City with a current title opinion or a current title insurance policy evidencing
the unencumbered ownership of such lands or the appropriate releases. Neither the Owner nor
any person or entity shall be entitled to any road impact fee credits or other compensation with
respect to the conveyance to the City of the road right-of-way as set forth above.
SECTION 3. ANNEXATION OF THE PROPERTY. Prior to the execution of this
Agreement by the City, the Ocoee City Commission has adopted Ordinance No. 95-10 for Case
No. 94-08-06: LEWIS, thereby redefining the corporate territorial limits of the City to include
the Property.
SECTION 4. NOTICE: PROPER FORM. Any notices required or allowed to be
delivered shall be in writing and be deemed to be delivered when (1) hand delivered to the
official hereinafter designated, or (2) upon receipt of such notice when deposited in the United
States mail, postage prepaid, certified mail, return receipt requested, addressed to the party at
the address set forth opposite the party's name below, or at such other address as the party shall
have specified by written notice to the other party delivered in accordance herewith.
2
Owner. Marjorie A. Lewis
904 Silver Star Road
Ocoee, Florida 34761
City: City of Ocoee
City Manager
150 North Lakeshore Drive
Ocoee, FL 34761
SECTION 5. NOTICES:DEFAULT. Each of the parties hereto shall give the other
party written notice of any default hereunder and shall allow the defaulting party thirty (30) days
from the date of its receipt of such notice within which to cure any such defaults or to
commence and thereafter diligently pursue to completion good faith efforts to effect such cure
and to thereafter notify the other parties of the actual cure of any such defaults. This Agreement
is enforceable at law or in equity by the non-defaulting party, including, but not limited to the
right of specific performance.
SECTION 6. BINDING AGREEMENT ON SUCCESSORS. This Agreement shall
be binding upon and shall inure to the benefit of the Owner, the City, and their respective
successors and assigns.
SECTION 7. RECORDATION. The parties hereto agree that this Agreement shall
be recorded in the Public Records of Orange County, Florida, at the expense of the Owner.
SECTION S. APPLICABLE LAW. This Agreement and the provisions contained
herein shall be construed, controlled, and interpreted according to the laws of the State of
Florida.
SECTION 9. SEVERABILITY. If any part of this Agreement is found invalid or
unenforceable by any court, such invalidity or unenforceability shall not affect the other part of
this Agreement if the rights and obligations of the parties contained therein are not materially
prejudiced and if the intentions of the parties can continue to be effected.
SECTION 10. RECOVERY OF ATTORNEYS' COSTS AND FEES. In connection
with any litigation between the City and the Owner, including appellate proceedings arising out
of this Agreement or the violation of any law, rule, regulation, ordinance, resolution, or permit,
the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees,
paralegal fees, and costs hereunder, whether incurred prior to, during or subsequent to such
court proceedings, on appeal or during any bankruptcy proceedings.
SECTION 11. ENTIRE AGREEMENT. This instrument and its exhibits constitute
the entire Agreement between the parties and supersedes all previous discussions,
understandings, and agreements between the parties relating to the subject matter of this
Agreement. Amendments to and waivers of the provisions herein shall be made by the parties
in writing by formal amendment which shall be recorded in the Public Records of Orange
County, Florida at the Owner's expense.
3
SECTION 12. EFFECTIVE DATE. This Agreement shall first be executed by the
Owner and submitted to the City for approval by the Ocoee City Commission. Upon approval
by the Ocoee City Commission, this Agreement shall be executed by the City. The Effective
Date of this Agreement shall be the date of execution by the City.
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed the
day and year first above written.
"C „
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
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1995.
FOLEY & LARDNER APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 1995
By: UNDER AGENDA ITEM NO. .
City Attorney
4
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 , 1995.
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):
5
IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed
the // day of 4,e, , 1995.
Signed, sealed and delivered
in the presence of: "OWNER"
/ a tL���/
Signature 1/4717�ORIE A.
Print/Type Name
lga:
Print/Type Name
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to take acknowledgements, �
pe a MARJORIE
A. LEWIS, who [ ] is personally known to me or 4produced - -73,14
as identification, and that she acknowledged executing the foregoing instrument for the purposes
and uses therein described.
WITNESS my hand and official seal in the County and State last aforesaid this
1\ day of }-`�t-s\ N , 1995.
\f-C) LCL
t,
.., Signature of Notary
.'• "`� .. OFFICIAL SEAL _
PAULA M. StMON
My Commission Ex.i•es
Feb. 10, 1997 CA Lk L4-- S 1 CD
•�
;',";;0***
Comm. N . CC 256357
� '' Name of Notary (Typed,Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
6
JOINDER, CONSENT AND SUBORDINATION
The undersigned hereby certifies that FIRST UNION NATIONAL BANK 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 4746, Page 466, in the original sum of $30,599.30, of the Public Records of Orange
County of Florida, shall be subordinated to the foregoing instrument.
Signed, sealed and delivered FIRST UNION NATIONAL BANK
in the presence of:
.ate, 01U�.r By.-- �'!� ` ; -
Signature
Name: Jerry Baker
Betty Corbitt
Print/Type Name Its: vi[`a P ra a i d n t
�— �L� \�; CORPORATE SEAL)
Signature
Doris Wurthner
Print/Type Name
STATE OF FLORIDA )
COUNTY OF ORANGE )
THIS IS TO CERTIFY, that on this 13 thday of April , 1995,
before me, an officer duly authorized to take acknowledgements in the State and County
aforesaid, personally appeared Jerry Baker ,as IN ra Praai Gant
of FIRST UNION NATIONAL BANK, who t)(] is personally known to me or [ ) produced
as identification, and that who acknowledged that as the individual
described in and who executed the foregoing instrument and acknowledged the execution thereof
to be his/her free act and deed as such officer thereunto duly authorized, that the official seal
of said corporation is duly affixed thereto.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the above
date.
NOTARY PUBLIC
Name: Abaiiikh
'r te HY
.wI COMMISSION N 936 OIRES
My Commission .. =-t July 23.1998
'•Rf 3ONOEU rano MT JT Fail I IJU.IL.e.II
C:\WPSI\DOCSOCOEEILEWISROW.AGM I ul I/95I 18W015I DPB:dp
7
if
PLAT OF SURVEY
DESCRIPTION
Lot 4 and the South 75.00 feet of Lot 3, less that part in
Silver Star Road. Block B. Sunny Slopes as Recorded in Plat
Book U, Page 99 of the Public Records of Orange County,
Florida. Described as:
Commence at the Southeast corner of the SW 1/4 of the NE 1/4 of Section 17.
Township 22 South. Range 28 East of Orange County, Florida; thence N01'50'00"W
a distance of 40.02 feet; thence N90'00'00"W a distance of 84.25 feet to a
point on the North Right of Way line of Silver Star Road and to a point of
curvature of a curve concave Northeasterly. having a radius of 533.69 feet,
run thence Northwesterly along the arc of said curve, through acentral angle
of 08'40'17", a distance of 80.77 feet to the Point of Beginning also
being the Easterly line of said Lot 4 and -to a point on curve concave
Northeasterly, having a radius of 533.69 feet, run thence Northwesterly along
the arc of said curve, through a central angle of 15.22'14", a distance of
143.17 feet to a point on the East Right of Way line of Woodson Street; thence
N01.50'00"W along said East Right of Way line a distance of 163.92 feet
to the North line of the South 75.00 feet of said Lot 3; thence N88'26'00"E
along said North Lot linea distance of 135.61 feet; thence SO1'50"00"E a
distance of 207.85 feet to the Point of Beginning.
Contains 0.5892 acres or 25684 square feet more or less.
•
i
•
Exhibit A