HomeMy WebLinkAboutV (A) Public Hearing - Second Reading 4) Ordinance No 95-13, Case No. 94-08-07: Crampton - Annexation / Crampton Annexation Agreement AGENDA 4-4-95/44.M.95
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI A 4 Y A
Ocoee ---
Q pi, ti O COMMISSIONERS
CITY OF OCOEE RUSTY JOHNSON
a. PAUL W.FOSTER
0 150 N.LAKESHORE DRIVE SCOTT A.GLASS
OCOEE,FLORIDA 34761-2258 JIM GLEASON
4►�� �`�� (407)656-2322 Cm MANAGER
0, GOO ELLIS SHAPIRO
STAFF REPORT
SRP-482
DATE: March 30, 1995
TO: The Honorable Mayor and City Commi sio
THROUGH: Russ Wagner, Director of Planning
FROM: Abra Dow, Planner Q.14-?-
SUBJECT:
cSUBJECT: Mary Crampton Annexation; 926 Silver Star Road
CASE NO: AR-94-08-07
ISSUE:
Should the Honorable Mayor and City Commission approve the above application to annex the ±0.5 acre Mary
Crampton property located on the northwest corner of Silver Star Road and First Street?
BACKGROUND:
The Crampton property contains a single family residence and is situated on the northwest corner of Silver Star
Road and First Street. This area is characterized by older, single family development with some small 6
commercial businesses located approximately 700 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 $58,062 but the taxable value is $33,062 due to an homestead exemption. The estimated
City of Ocoee ad valorem tax revenue would be $132.25. 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. The additional demand for water, police,
and solid waste services generated by this property 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 as indicated in the Annexation Public Facilities and Services Analysis
(attached). There is inadequate right-of-way available in this section of Silver Star. This arterial roadway
requires a minimum of 120 feet of right-of-way. 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
Silver Star.
SUBJECT: Mary Crampton Annexation; Case # AR-94-08-07
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
Crampton property would reduce the size of the "Center Street Enclave." The Crampton 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 Mary Crampton property located on the northwest corner of Silver Star Road
and First Street be annexed by the City Commission subject to the dedication of the necessary right-of-way along
Silver Star 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-94-08-07 to be consistent with:
(1) the Ocoee Comprehensive Plan; (2) State and local annexation criteria; and (3) the JPA Agreement,
APPROVE Ordinance #95-13 subject to the dedication of the necessary right-of-way along Silver Star as well
as the execution of necessary developer agreements.
Attachments: Public Facilities and Services Analysis
Ordinance#95-13
Legal Description(Exhibit A)
Location Map(Exhibit B)
File: MMO-SRP-482.bcc
• City of Ocoee Planning Department
Annexation Public Facilities & Services Analysis
Date: March 2, 1995 Case Number: AR-94-08-07
Mary Crampton
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:Abra
A. Applicant(s):Mary Crampton and Betty Ervine
Contact Phone#:(407) 656-0073
B. Property Location:
1. Parcel Id. No.:17-22-28-8420-02-050
2. Street Address:926 East Silver Star Road
3. Legal Description:Sunnv Slopes, Block B, Lot 5 and the South half Lot 6
4. Directions:Comer of Silver Star Road & First Street
5. Size:+ 0.5 acre
C. Proposed/Existing Use:Single Family Residence
1. Residential Units:one(1) house
2. Projected Population:l - 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
2. Orange County FLU Designation:Low Density Residential (1-4 dua)
3. Requested City of Ocoee Zoning Classification:R-1A. Single Family Dwelling District
4. Proposed City of Ocoee FLU Designation:Low Density Residential (< 4 dua)
5. Consistent With: Comp Plan? yes or fie JPA? yes or ne
6. Comp Plan Amendment Required? Yes or No When? n/a
7. Comments: Annexation requested because owners wish to connect existing residence to City water service.
H. Fire Department: Chief Strosnider
A. Estimated Response Time: 3 minutes
B. Distance Traveled (to property): 1.5 miles
C. Nearest Fire Hydrant: First Street & Silver Star Road - on subject parcel.
D. Fire Flow Requirements (circle one): meets exceeds-inadequate
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-94-08-07
Mary Crampton
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: $33.062.00
B. Estimated City of Ocoee Ad Valorem Tax Revenue (if annexed): $132.25
C. Anticipated Licenses & Permits: $0.00
D. Total Projected Revenues: $132.25
V. Utilities: Jim/Ray
A. Potable Water Issues:
1. In Ocoee Service Area? yes er--ae
2. Distance to Nearest Line? adiacent to property
3. Size of Water Main? 6"
4. Est'd Water Demand? 300 epd
5. Can City Service this Property? yes er--ne
6. Extension Needed? yes-er no
7. Developer Agreement Needed? yes-OF no unlikely
8. City Cannot Service Now or in the Future (check here): n/a
B. Sanitary Sewer Issues:
1. In Ocoee Service Area? yes er--ne
2. Distance to Nearest Line? none in area
3. Size of Sewer Main? n/a
4. Est'd Sewer Demand? 270 gpd
5. Can City Service this Property? yes or no
6. Extension Needed? yes erne
7. Developer Agreement Needed? yes er--ae 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-94-08-07
Mary Crampton
VI. Transportation: Abra
A. Paved Access to Property? y_es erne Silver Star Road & First Street
B. ROW Dedication? yes Brae- 20' of ROW on north side of Silver Star
C. Traffic Study: n/a
D. Traffic Zone: 271
E. Other Traffic Improvements Needed: n/a
VII. Building Department: Julian/Don
A. Anticipated Licenses & Permits: 0
B. Within 100 year flood plain: No
C. Potential Impact Fees: 0
VIII. Preliminary Concurrency Evaluation: Janet - No concurrency issues.
A. Transportation: existing/ de minimis impact
B. Parks/Recreation: existing impact based upon proximity to Ocoee facilities
C. Sewer/Water Capacity: adequate to serve additional water demand
D. Other Issues: Based upon the location of this property, it may continue to be subject to run-off from
uphill neighbors. It may be difficult to nick 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
abutting arterial roads have a minimum lot depth of 125 feet.
■ Page 3 ■
ORDINANCE NO. 95-13
CASE NO. 94-08-07: CRAMPTON
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE
CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY
CONTAINING ± 0.5697 ACRES LOCATED ON THE NORTHWEST CORNER OF SILVER
STAR ROAD AND FIRST STREET, 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; and
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 fmds 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 fmds that the
annexation of said land is consistent with the Ocoee Comprehensive Plan and the JPA 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 5 and the South 45.00 feet of Lot 6, less that part in
Silver Star Road, Block 8, 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 NO1"50'00"W
a distance of 40.02 feet; thence N90.00'00"W a distance of 30.00 feet to the
intersection of West Right of Way line of First Street and the North Right of
Way line of Silver Star Road and for a Point of Beginning; thence N90'00'00"W
along said North Right of Way line a distance of 54.25 feet 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 a central angle
of 08'40'17", a distance of 80.77 feet; thence NO1.50'00"W along the
Westerly line of said Lots 5 and 6 a distance of 177.85 feet to the North line
of the South 45.00 feet of said Lot 5; thence N88.26"00"E along said North
line a distance of 134.45 feet to said West Right of Way line; thence
501'50'00"E along said West Right of Way line a distance of 187.63 feet to the
Point of Beginning.
Contains 0.5697 acres or 24817 square feet more or less.
Exhibit A
MARY CRAMPTON
CASE *AR-94-08.-07
926 SILVER STAR ROAD
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Exhibit B
I_ NOTICE OF PUSUC NEARING TO
CONSIDER ADOPTION OF PROPOSED
ANNEXATION ORDINANCES NO.90-13
CASE NO.AR-s4.011-07:CRAMPTON
. CITY OF OCOEE .
NOTICE IS HERESY GIVEN
pursuers to Sections 166.041 and 171.044.Fonda Statutes.and Sections 1.10 and
54.Ocoee Land Daveapnra Code.that on ADM 18.1995 at 7:30 p.m..or as soon
thereafter a practical.the OCOEE CITY COMMISSION will hold a PUBLIC HEAR-
ING at the City Commission Chambers,160 North Lakeshore Drive.Oboe..Ponca
to consider o1 the second of two milling adoption of the Wowing ordinance:
• AN ORDINANCE OF THE CITY OF OCOEE.FLORIDA.ANNEXING INTO THE COR.
PORATE UMITS OF THE CITY OF OCOEE.FLORIDA.CERTAIN REAL PROPERTY
CONTAINING : 0.5697 ACRES LOCATED ON THE NORTHWEST CORNER OF
SILVER STAR ROAD AND FIRST STREET.PURSUANT TO THE APPUCATION SUB.
I NETTED BY THE PROPERTY OWNERS:FINDING SAID ANNEXATION TO BE CON-
SISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE CITY
COOL PROVIDING FOR AN AUTHORIZING THE UPDATING OF OFFICIAL CITY
NAPE PROVIDING DIRECTION TO THE CITY CLERK:PROVIDING FOR SEVER-
ASI TY:PROVIDING FOR CONFLICTS:PROVIDING FOR AN EFFECTIVE DATE
Set forth below a a map sh0wn9 the area proposed to be annexed:
WRY CRAY/POM •
CASE/AII 4 00-07
see sR.YR STAR ROAD
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1-csmar northwest corner of Silver Star a First
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Th.City Commission may continue the pubic hearing to Ober dates and tines as
VW clan necessary.Any~sued piny shall be advised that Si,data.tiller.
and places of any continuation of this or cortnu.d public h.annQs shall be an-
nounced dump Me hearing and Mat no Pinner notices wordings Mase natters wwili
Os auctioned.
A copy of the ordinance.including a complete local description by metes and
pound&may be raoected at the Ocoee Coy Clerk s OIba.150 Norm Lakeshore
Drive.Damien the hours of MOO a.m.and 5:00 p.m..Monday vuough Friday.es-
can Ina holidays.Imaeit.d pampa may wows at the meeting and be Mrd with
respect to the proposed Ordinance.My person who desires to appeal any decision
Ped.dung the pubk0 Mann('may need a record of Me proceeding and for Ms
purpose wig need to ensure mat a verbatim record of Me proceedings is mWe
much includes the testimony and evidence upon which Me appeal a Deed.Pen.
sons wan eassEditiee needing assistance to PerumPste in any of Me
should con=the City Clem s Office 48 hours in advance of the meetino"Ilrig.
tls6•232z.
JEAN GRAFTON.
CITY CLERK
CITY OF OCOEE •
01.5249781 MAR36:APR21995
AGENDA 4-18-95
"CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item V A 4 a
Ocoee J. l_11 1 VHlNJunKUKIP
O` \ COMMISSIONERS
0
a CITY OF OCOEE RUSTY JOHNSON
PAUL W.FOSTER
O 150 N.LAKESHORE DRIVE SCOTT A.GLASS
l+ V OCOEE,FLORIDA 34761-2258
e JIM GLEASON
'' `? (407)656-2322
� � CITY MANAGER
OF G0OD STAFF REPORT ELLIS SHAPIRO
SRP-491
DATE: April 12, 1995
TO: The Honorable Mayor and City Commission
THROUGH: Russ Wagner, Director tanning
FROM: Abra Dow, Planner
SUBJECT: Mary J. Crampton Annexation Agreement
ISSUE:
Should the Honorable Mayor and City Commission approve the Annexation Agreement between Mary J. Crampton
and the City of Ocoee?
BACKGROUND:
On March 29, 1995,the Planning and Zoning Commission recommended approval of the Crampton annexation petition
conditioned upon the dedication of the necessary right-of-way and the execution of the Water Service Agreement. As
indicated in the Annexation Staff Report, there is not enough right-of-way along Silver Star Road 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 #95-13.
Although the Water Service Agreement was prepared, Mrs. Crampton 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 that 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 Mary J. Crampton and the City of Ocoee.
Attachments: ' Annexation Agreement File:SRP-491.bcc
OK�
rfr'
THIS INSTRUMENT PREPARED BY:
David P. Barker,Esq.
FOLEY &LARDNER
111 North Orange Avenue
Suite 1800
Orlando, Florida 32801
Arnie ER 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 MARY JANE CRAMPTON a/k/a MARY J.
CRAMPTON, as to fee simple interest and life estate, and MARJORIE A. LEWIS, as to a
remainder interest, (hereinafter collectively referred to as the "Owner"), whose mailing address
is 926 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 proposed annexation 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 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 DEDICATION. Within
ninety (90) days from the date of this Agreement, the Owner shall convey and dedicate to the
City twenty feet (20') for road right-of-way along the south side of the Property adjacent to
Silver Star Road. 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. 95-13 for Case
No. 94-08-07: CRAMPTON, 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: do Mary Jane Crampton
926 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 8. 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 WI'T'NESS WHEREOF, the City has caused this Agreement to be duly executed the
day and year first above written.
"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
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 , 1995.
Signed, sealed and delivered
in the presence of: "OWNER"
'74)-2z-A7
50
— MARY JANE CRAMPTON a/k/a
' / MARY J. CRAMPTON
Print/Type Name
jAki
Signature
P'bra T - 4i
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, personally appeared MARY JANE
CRAMPTO , a/k/a MARY J. CRAMPTON, who [ ] is personally known to me or [ ]
produced r�U ,��t C— —q 3 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
\ day of L.. , 1995.
r = cirn/ 1)(1'4
OFFICIAL SEAL S.:I .ture of Notary
A
PAULA M. SIMON
Ath,+:IUt) � My Commission Ez;:i:es .--�
Feb. 10, 1997 •
**‘,1),t'0,. 4/ Comm. No. CC 2.38957 l
Name of Notary (Typed,Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
CARPS I\DOCSOCOEEICRAMPROW.AGM Iv11/95118W015IDPB:dp
6
IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed
the /PI day of *4.4 L , 1995.
Signed, sealed and delivered
in the presence of: "OWNER"
Lam ‘..-12/e1 u.
Signature b �LRJORIE A.
Abca —Do,/
Print/Type Name
gattele2V-
.it-4/ A6i7i ' VAt/6"
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, persopagy speared MARJORIE
A. LEWIS, who [ ] is personally known to me or [ roduced L -r-SU 1 -,ac--7,41-e•
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
11 day of 140- i L-- , 1995.
�•��.rf..,ti« ': � �"�)� � lam.
'"''�cfr«. OFFICIAL SeAL V
« S' tore of Notary
y PAULA M. S;;;i;:)^1
sof My Commission L. ,, es
s �...p • •
•a Feb. 10, 1597
;`� Comm. N . CC �_ �57 I �1�1� m
*aaaaN
Name of Notary (Typed,Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
C:\WPS1 DOC31000EE\CRAMPRQW.AGM 14/11/95 i 18W015 iDPB:dp
7
PLAT OF SURVEY
DESCRIPTION
Lot 5 and the South 45.00 feet of Lot 6, 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 30.00 feet to the
intersection of West Right of Way line of First Street and the North Right of
Way line of Silver Star Road and for a Point of Beginning; thence N90'00'00"a
along said North Right of Way line.a distance of 54.25 feet 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 a central angle
of 08'40'17", a distance of 80.77 feet; thence N01.50'00"'d along the
Westerly line of said Lots 5 and 6 a distance of 177.85 feet to the North line
of the South 45.00 feet of said Lot 8; thence N88.26'00"E along said North
line a distance of 134.45 feet to said West Right of Way line; thence
501'50'00"E along said West Right of Way line a distance of 187.63 feet to the
Point of Beginning.
Contains 0.5697 acres or 24817 square feet sore or less.
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Exhibit A