HomeMy WebLinkAboutItem VII (A) 1. First Reading of Ordinance No. 98-17, Blankenship #1 Annexation, Case #AR-98-06-05 Agenda 8-18-98
Item VII A 1
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
S.SCOTT VANDERGRIFT
O` Ocoee COMMISSIONERS
CITY OF OCOEE DANNY HOWELL
�j SCOTT ANDERSON
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150 N. LAKESHORE DRIVESCOTT A.GLASS
v OCOEE,FLORIDA 34761-2258 NANCY J.PARKER
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j CITY MANAGER
f'P Gf G000`� ELLIS SHAPIRO
STAFF REPORT
DATE: August 12, 1998
TO: The Honorable Mayor and City Commission
FROM: Abra E. Home, AICP, Senior Planner,,,Q -
THROUGH: Russell B. Wagner, AICP, Director of Planning 077
SUBJECT: Ordinance No. 98-17: Blankenship#1 Annexation (Case Number AR-98-06-05)
ISSUE:
Should the City of Ocoee annex the above referenced property and approve the attached
Annexation Agreement?
BACKGROUND:
The subject property is located on the east side of Lauren Beth Avenue approximately 1,000
feet north of the intersection of Lauren Beth Avenue and Nicole Avenue. This +1- 6.5 acre
parcel contains a single family house and several accessory buildings (pump shed, barn,
garage, etc.). The property owners are simultaneously requesting annexation and rezoning for
an adjacent parcel that is currently used as a horse pasture (refer to Ordinance # 98-19).
Frequently, annexation applications precede development requests. However, Mr. Blankenship
has stated that the subject properties will not be redeveloped, if the requested annexation and
A-1 rezoning are approved.
With respect to State annexation criteria, Chapter 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. The requested annexation satisfies the above criteria. The subject
property is located within the Ocoee-Orange County Joint Planning Area (JPA) and the Ocoee
Utility Service Area. Since the property is within the City's Service Area and contiguous to the
city limits, the property is being considered for annexation as outlined in the JPA Agreement.
We have notified Orange County Planning Staff of the Annexation Petition and they have stated
no objections. The requested annexation is consistent with the JPA Agreement and State
annexation criteria.
Staff Report to the Honorable Mayor and City Commission
Page 2
August 12, 1998
Over a period of years, the City has established standards for considering annexation
applications. The City has been especially concerned about the ability to provide services in a
cost-effective manner. Sometimes the cost of providing services to an area cannot be priced in
terms of one or two parcels of land. Such is the case with this annexation. This is particularly
appropriate when the surrounding area (between Lake Meadow and the municipal golf course)
is essentially an enclave. Consequently, Staff has considered the feasibility of annexing several
properties in this vicinity over time. Recently, the City received one other annexation application
from a nearby property owner. Staff anticipates that more property owners will apply for
annexation in the future. Accordingly, it is appropriate for the City to carefully consider the cost-
effectiveness of requested annexations in this area by anticipating the off-setting benefits of
future annexations in the same area.
DISCUSSION:
This discussion analyzes the feasibility of annexing the Blankenship parcel in terms of any off-
setting benefits created by potential annexations of adjacent parcels. However, the attached
Annexation Feasibility and Public Facilities Analysis only evaluates the projected impacts of the
subject annexations (this annexation and Ordinance # 98-19) in terms of their existing uses.
Accordingly, we have determined that the City can adequately provide a full range of urban
services to the subject properties, pending the resolution of certain infrastructure improvement
issues. There are two main issues that must be considered before the annexation of these two
parcels and they are the: (1) unpaved road; and (2) utility extensions.
The adjacent roadway, Lauren Beth Avenue, is unpaved and the City typically requires that
newly annexed properties be located on a paved street. There have been other annexation
applications where the City has determined that the cost of paving a network of existing dirt
roads far outweighed the potential revenues associated with an annexation. However, multiple
annexations in this vicinity could be supported by paving a small section of one street (1,500
feet of Lauren Beth Avenue). Also, Lauren Beth Avenue is a roadway that many Ocoee City
residents already use. Lauren Beth Avenue would add to and improve the operation of the
future Ocoee roadway network. Within two years, the Western Beltway will have an interchange
within a mile of the subject property and Orange County will widen Clarcona-Ocoee Road within
five years. Based upon these considerations, it may be appropriate for the City to consider
paving this section of Lauren Beth Avenue or require developers to pave it when urban
development occurs along the roadway.
The Blankenship properties are not connected to City utilities and the applicant has not
requested City water and sewer services. However, for the purposes of considering the
annexation, Staff evaluates the availability of utilities and other urban services. The nearest
water line is a 14-inch water main located on Nicole Avenue, approximately 1,000 feet south of
the subject property. The nearest sewer line is an 8 inch line located on Nicole Avenue. There
is also an existing fire hydrant located on the southwest corner of Nicole Avenue and Lauren
Beth Avenue.
Since there has not been a request to connect to City utilities, the only immediate concern
regarding the extension of utility lines relates to fire service. The Fire Department has indicated
that they can service one single family home using the existing fire hydrant. However, any
additional homes may result in the need for a new fire hydrant on this section of Lauren Beth
Avenue. Should urban development occur along the roadway it would be the responsibility of
the developers to extend water and sewer lines to the site.
Staff Report to the Honorable Mayor and City Commission
Page 3
August 12, 1998
To address the issues outlined above, Staff is proposing an Annexation Agreement that will
require the property owner to facilitate certain improvements, as appropriate. As part of the
annexation approval process, the owners have executed their portion of an Annexation
Agreement which requires that, within 60 days of a written request from the City of Ocoee, the
property owners will:
1) Pay their pro-rata share of the costs associated with extending a water main.
2) Pay their pro-rata share of the costs associated with installing a fire hydrant.
The 1997 assessed value of the two properties (this annexation and Ordinance # 98-19) is
$200,445.00 and based upon that assessment, the estimated City of Ocoee ad valorem tax
revenue would be approximately $800.00 per year. If the subject property is annexed, Staff has
determined that the taxes generated by the property would sufficiently offset the cost of
services and considers annexation of this property feasible based upon the above
considerations.
DEVELOPMENT REVIEW COMMITTEE MEETING:
On July 17, 1998, the Development Review Committee (DRC) met to consider the Blankenship
Annexation requests. After a brief presentation, Staff unanimously recommended approval of
the requested annexation, pending the approval of the attached Annexation Agreement by the
City Commission.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
On August 11, 1998, the Planning and Zoning Commission held a de novo public hearing
regarding the first Blankenship Annexation. After a brief discussion, the Planning and Zoning
Commission voted unanimously to recommend approval of the requested Annexation, pending
City Commission approval of the Annexation Agreement, as recommended by Staff.
STAFF RECOMMENDATION:
Staff respectfully recommends that the City Commission adopt Ordinance Number 98-17,
pending the execution of the attached Annexation Agreement.
AEH/csa
Attachments: Annexation Feasibility&Public Facilities Analysis
Location Map
Annexation Agreement
Ordinance Number 98-17
H:\ALL_DATA\CAPDFILE\Staff Reports\CC SR\SR98034.Doc
City of Ocoee Planning Department
Annexation Feasibility & Public Facilities Analysis
Date: August 11, 1998 Case Number: AR-98-06-05
and AR-98-06-06 Dan & Holly Blankenship
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: Home
A. Applicant(s): W. Daniel & Holly R. Blankenship, 2201 Lauren Beth Ave., Apopka, FL, 32703
Contact Phone#: 407-656-5262
B. Property Location:
1. Parcel Id. No.: 04-22-28-0000-00-026 and 04-22-28-0000-00-028
2. Street Address: 2199 and 2201 Lauren Beth Avenue
3. Legal Description: See Planning Department files for a legal description.
4. Directions: Approximately 700 feet north of the intersection of Lauren Beth
and Nicole Avenues. Located on the southeast side of Clarcona-Ocoee Road.
5. Size: Each parcel measures approximately 6.5 acres
C. Use Characteristics:
1. Proposed Residential Units: No additional units proposed.
2. Projected Population: Two (2) people live there now.
3. Existing Use: Single Family Home and out buildings.
4. Proposed Use: Single Family Residential.
D. Zoning Classifications and Future Land Use (FLU) Designations:
1. Orange County Zoning Classification: A-1, Citrus Rural District
2. Orange County FLU Designation: Rural/Agricultural
3. Requested City of Ocoee Zoning Classification: A-1, General Agriculture District.
4. Proposed City of Ocoee FLU Designation: Low Density Residential (< 4 dua)
5. Consistent With: Comp Plan?? Yes. JPA?? Yes.
6. Comp Plan Amendment Required? No. When? N/A
II. Fire Department: Chief Strosnider
A. Estimated Response Time: Three to four minutes.
B. Distance Traveled (to property): One and a half miles.
C. Nearest Fire Hydrant (state location or name intersection): SWC of Nicole & Lauren Beth.
D. Fire Flow Requirements: The existing hydrant meets fire flow requirements.
E. Comments: The Fire Department can adequately serve this property and nearby
adjacent properties as they are currently developed.
Ill. Police Department: Chief Mark
A. Estimated Response Time: Three to four minutes.
B. Distance Traveled (to property): One and a half miles.
C. Police Patrol Zone: North.
• - Page 1 - ■
City of Ocoee Planning Department
Annexation Feasibility & Public Facilities Analysis
Date: August 11, 1998 Case Number: AR-98-06-05
and AR-98-06-06 Dan & Holly Blankenship
IV. Finances: Home
A. Theoretical Assessed Value: $200,445.00
B. Estimated City of Ocoee Ad Valorem Tax Revenue: $801.00
C. Anticipated Licenses & Permits: $0 (existing structure)
D. Total Projected Revenues: $0 (existing structure)
V. Utilities: Shira
A. Potable Water Issues:
1. In Ocoee Service Area? Yes.
2. Distance to Nearest Line? Water line is along Nicole.
3. Size of Water Main? 14 inches.
4. Est'd Water Demand? 300 gpd
5. Can City Service this Property? Yes.
6. Extension Needed? Yes.
7. Developer Agreement Needed? Yes.
B. Sanitary Sewer Issues:
1. In Ocoee Service Area? Yes.
2. Distance to Nearest Line? Sanitary Sewer is along Nicole.
3. Size of Sewer Main? 8 inches.
4. Est'd Sewer Demand 270 gpd
5. Can City Service this Property? Yes.
6. Extension Needed? Yes.
7. Developer Agreement Needed? Yes.
C. Other Utility Issues: Bob Smith
1. Utility Easement Needed? None.
2. Private Lift Station Site Needed? Not at this time.
3. Well Protection Area Needed? None.
4. Other Comments: None.
• - Page2 - •
City of Ocoee Planning Department
Annexation Feasibility & Public Facilities Analysis
Date: August 11, 1998 Case Number: AR-98-06-05
and AR-98-06-06 Dan & Holly Blankenship
VI. Transportation: Friel
A. Paved Access to Property? No.
Describe: Lauren Beth is a dirt road north of Nicole Ave. Lauren Beth may need to be paved.
B. ROW Dedication? No.
Specify: The survey indicates that there is 30 feet of right-of-way on the east side of the Lauren
Beth Avenue centerline adjacent to these parcels. Based on a 60 foot right-of-way, there is no
need for additional right-of-way to accommodate future widening or paving.
C. Traffic Study: Not anticipated.
D. Traffic Zone: TAZ 566.
E. Other Traffic Improvements Needed: None.
VII. Preliminary Concurrency Evaluation: Friel
A. Transportation: The existing single family residence and its associated structures will not
have any additional transportation impacts. This condition will change if more homes are
built/ proposed.
B. Parks/Recreation: The existing single family residence will not have any additional
parks/recreation impacts. This condition will change if more homes are built/ proposed.
C. Sewer/Water Capacity: Not an issue since the existing single family residence is using
septic and well systems. This condition will change if additional they want to connect to City
utilities or more homes are built/ proposed.
D. Stormwater: The applicant will be required to handle stormwater retention on-site.
E. Solid Waste: The existing single family residence will have a de minimus impact on solid
waste service. This condition will change if more homes are built/ proposed.
F. Other Issues: None.
VIII. Building Department: Flippen/ Harper
A. Anticipated Licenses & Permits: None.
B. Within 100 year flood plain: Yes. It appears that portions of the subject property are
located within the flood plain for Lake Meadow
IX. Specify Other Comments & Considerations Below:
C:\AII_Data\AHPDFILE\ANX-REZ\Active\Blankenship AX RZ\BlanknANF.doc
• - Page 3 - ■
ORDINANCE NO. 98-17
CASE NO. AR-98-06-05: BLANKENSHIP #1
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO
THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN
REAL PROPERTY CONTAINING APPROXIMATELY 6.5 ACRES LOCATED ON
LAUREN BETH AVENUE, APPROXIMATELY 1,000 FEET NORTH OF THE
INTERSECTION OF NICOLE AVENUE AND LAUREN BETH AVENUE
PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY
OWNERS; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE
OCOEE COMPREHENSIVE PLAN, 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; PROVIDING FOR SEVERABILITY;
REPEALING INCONSISTENT ORDINANCES; 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 Article V of Chapter
180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a
Joint Planning Area Agreement (the "JPA Agreement") which affects the annexation of the real
property hereinafter described; 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 Agreement, and to be in the best interest of the City of.Ocoee and has recommended to
the Ocoee City Commission that it approve said annexation petition; and
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 Ocoee City Commission 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 Ocoee City Commission hereby finds 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 Ocoee City Commission hereby finds that the annexation of said land
herein described is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and
meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the
JPA Agreement, 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. 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.
PASSED AND ADOPTED this day of , 1998.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED AUGUST 6, 1998
ADVERTISED AUGUST 13, 1998
READ FIRST TIME AUGUST 18, 1998
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 , 1998.
FOLEY & LARDNER
By:
City Attorney
EXHIBIT "A"
DESCRIPTION; THE SOUTH 1/2 OF THE NORTH 2/3 OF THE NORTH 1/2 OF THE SW 1/4,OF THE SW 1/4
(LESS THE WEST 30 FT.THEREOF FOR ROAD RIGHT OF WAY)SECTION 4,TOWNSHIP 22 SOUTH,RANGE - - .-
28 EAST, ORANGE COUNTY FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NW CORNER OF THE SW 1/4,OF THE SW 114 OF SECTION 4,TOWNSHIP 22 SOUTH.RANGE
28 EAST,.ORANGE COUNTY,FLORIDA;THENCE RUN ALONG THE WEST LINE OF SAID SW 1/4 OF SW 1/4,AN
ASSUMED BEARING OF SOUTH A DISTANCE OF 219.69 FEET TO THE NORTH LINE OF THE S. 1/2,OF THE N.2/3
OF SAID SW 1/4 OF SW 114;THENCE RUN S.89"15'19"E.ALONG SAID NORTH LINE 30,00 FEET TO THE EAST';
RIGHTOF WAY OF LAUREN BETH AVENUE TO THE POINT OF BEGINNING;THENCE CONTINUES89'15'19"E ALONG
'AFORESAID NORTH LINE 1299.37 FEET TO THE EAST LINE OF SAID SW-1/4 OF SW 1/4;THENCE S.0'40'58W ALONG
SAID EAST LINE 219.78 FEET TO THE SOUTH LINE OF THE S. 1/2 OF THE N.2/3 OF SAID SW 114 OF SW 1/4;THENCE
RUN S.8995'24'W.ALONG SAID NORTH LINE 1296.75 FEET TO THE EAST RIGHT OF WAY OF AFORESAID LAUREN
BETH AVENUE:THENCE NORTH ALONG SAID RIGHT OF WAY 219.69 FEET TO THE POINT.OF BEGINNING,.'-;^ ,
CONTAINING 6.55 ACRES.MORE OR LESS-..____..: :~�-•x_. .� :. ......._
C:\ALL_DATAWHPDFILE\ANX-REZ\ACTIVE\BLANKE�1SHIP AX RZVAXAGRMNT.DOC
Exhibit "B" to Ordinance 98-17
•
Blankenship Annexation #1
Location Map (Case #AR-98-06-05)
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Parcel -026 (Annexation #1) . . ,
6,..,a -lip.
Parcel Lines ►, ' " '
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Lakes ) �� "
AM
i i City Limits••• • f\ • t . ':-
Joint Planning Boundry ' y
(Revised July, 1998)
THIS INSTRUMENT PREPARED BY: This Agreement will be
Paul E. Rosenthal. Esq. on the September 1
FOLEY & LARDNER Agenda for adoption.
ill North Orange Avenue
Suite 1800
Orlando, Florida 32801
AFTER RECORDING RETURN TO:
Jean Grafton. City Clerk
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee, Florida 34761
Case Numbers.:AR-Q8-06-05 and AR-98-06-06
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT (this "Agreement") is made this 27 day ;of
ZILl..i, . 1998. by and between the CITY OF OCOEE. a Florida municipal
corporationl(hereinafter referred to as the "City"), whose mailing address is 150 North Lakeshore
Drive. Ocoee. Florida 34761. and W. Daniel and Holly R. Degard Blankenship (hereinafter
collectively referred to as the "Owner"), whose current mailing address is 2201 Lauren Beth
Avenue. Apopka. Florida. 32703.
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 Joint Planning Area
Agreement between the City and Orange County (the "JPA Agreement"). and has recommended
that the Ocoee City Commission annex the Property into the corporate limits of the City; and
Page 1 of 9
C:`ALL_DATA\AHPDFILEANX-REZ\ACTIVE'.BLANKENSHIP AX RZ'AXAGR,NINT.DOC
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 City has conducted an Annexation Feasibility & Public Facilities
Analysis in order to evaluate the feasibility of providing urban services to the Property: and
WHEREAS, the City has also evaluated the feasibility of providing urban services to
surrounding properties should they subsequently annex and develop: 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 the JPA
Agreement and to represent a minimal fiscal and level of service impact on the City. with the
exception of adequate utility (potable water and sanitary sewer) lines and a tire hydrant along
Lauren Beth 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 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.
Page 2 of 9
C:`ALL_DATA AHPDFILE ANX-REZACTIVE\BLANKENSHIP AX RT'AXAGR:MMNT.DOC
SECTION 2. WATER AND SEWER SERVICES. The Owner acknowledges that
water distribution mains and sewer mains are not currently available at the boundary of the
Property. Further, the Owner acknowledges and agrees that prior to further development of the
Property, the Owner is required to reserve sufficient water capacity and sewer capacity by
payment of the applicable capital charges for reservation of the requisite water capacity and
sewer capacity and enter into a Developer Agreement for Water Service and a Developer
Agreement for Sewer Service on a form provided by the City. all as more particularly provided
in Chapter 173 of the City Code of the City, as amended from time to time, provided, however.
that the Developer Agreement for Water Service shall provide that the Owner shall be
responsible. at Owner's sole cost and expense, to design. install, extend, expand, oversize and/or
construct distribution mains and related improvements from a point, as designated by the City, of
the existing system of the City in order to loop the City system.
SECTION 3. EXTENSION OF POTABLE WATER DISTRIBUTION MAINS.
Within sixty (60) days from the date of written notice from the City, the Owner shall pay the
City a pro-rata portion of the costs of extending a potable water line equal to the cost of installing
a potable water line sufficient to serve the needs of the Property at the time of the extension as
estimated by the City. Neither the Owner nor any person or entity shall be entitled to any potable
water impact fee credits or other compensation with respect to the water line extension as set
forth above.
SECTION 4. FIRE HYDRANT. Within sixty (60) days from the date of written
notice from the City, the Owner shall pay the City a pro-rata portion of the costs of installing a
fire hydrant adjacent to the subject property. Neither the Owner nor any person or entity shall be
entitled to any fire impact fee credits or other compensation with respect to the tire hydrant
installation as set forth above.
SECTION 5. ANNEXATION OF THE PROPERTY. Prior to the execution of this
Agreement by the City, the Ocoee City Commission has adopted Ordinance No. 98- and
Ordinance No. 98- for Annexation Case Numbers AR-98-06-05 and AR-98-06-06. thereby
redefining the corporate territorial limits of the City to include the Property.
SECTION 6. NOTICE: PROPER FORM. Any notices required or allowed to be
delivered shall be in writing and be deemed to be delivered (1) when 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.
OWNER: W. Daniel and Holly R. Blankenship
2201 Lauren Beth Avenue
Ocoee, Florida 34761
Page 3 of 9
C:ALL_DATAAHPDFILE\ANX-REZNACTIVE\BLANKENSHIP AX RZ`AXAGRMMNT.DOC
CITY: City of Ocoee
City Manager
150 North Lakeshore Drive
Ocoee. Florida 34761
SECTION 7. 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 8. 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 and shall run with the land.
SECTION 9. 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 10. 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 11. 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 12. 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.
Page 4 of 9
C:'AL.L_DATA'AHPDFILEANX-REZ\.-ACTIVE\BLANKENSHIP AX RZ`AXAGRMNT.DOC
SECTION 13. ENTIRE AGREEMENT. This instrument and its exhibits constitute
the entire Aureement between the parties and supersedes all previous discussions.
understandinigs. 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.
SECTION 14. COUNTERPARTS. This Agreement and any amendments hereto
may be executed in any number of counterparts. each of which shall be deemed an original
instrument. but all such counterparts together shall constitute one and the same instrument.
SECTION 15. 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.
"CITY"
Signed. sealed and delivered CITY OF OCOEE, a Florida municipal
in the presence of: 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 . 199 .
FOLEY & LARDNER APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 1998
By: UNDER AGENDA ITEM NO.
City Attorney
Page 5 of 9
C:'ALL_DAT.A AHPDFILEANx-RETACTIVE.BLANKENSHIP AX RZ\AXAGRMNT.DOC
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 acknowledgments. 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 . 199 .
Signature of Notary
Name of Notary(Typed.Printed or Stamped)
Commission Number(if not legible on seal)
.\lv Commission Expires(if not legible on seal):
Page 6 of 9
C:'.ALL_DATA\AHPDFILE ANX-REZ\ACTIVE\BL 1NKENSHIP AX RZ'AXAGRMNT.DOC
IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed
the Z " day of J4.4.y 199 k
Signed. sealed and delivered
in the presence of:/ 'S WNERS"
Sia /t4v F.zf i
Signature T. Daniel Bla whi
Print/Type Name
Signature � WAD1/ - //,
Print/Type Name Hi y R. Degaril Blankenship
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 acknowledgments. personally appeared W. Daniel &
Holly R. Degard Blankenship (H/W), who produced�a driver's license as identification. and that
he 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
Z7 day of S'l, , 1998.
� I
NillrA
Ignayiur: .
4111.10--
••' S Harris
* $*My Commission CC852174
,�nf Expires June 02,2001
Name of Notary(Typed.Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
Page 7 of 9
C:'ALL_DAT.A\AHPDFILE\ANX-REZ'ACTIVE\BLANKENSHIP AX RZ\AXAGR1v1NT.DOC
•
•
EXHIBIT "A"
DESCRIPTION. THE SOUTH 1/2 OF THE NORTH 2/3 OF THE NORTH 1/2 OF THE SW 1/4. OF THE SW 1/4
(LESS THE WEST 30 FT. THEREOF FOR ROAD RIGHT OF WAY)SECTION 4, TOWNSHIP 22 SOUTH, RANGE
28 EAST, ORANGE COUNTY FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NW CORNER OF THE SW 1/4, OF THE SW 1/4 OF SECTION 4, TOWNSHIP 22 SOUTH, RANGE
28 EAST,.ORANGE COUNTY, FLORIDA;THENCE RUN ALONG THE WEST LINE OF SAID SW 1/4 OF SW 1/4,AN
ASSUMED BEARING OF SOUTH A DISTANCE OF 219.69 FEET TO THE NORTH LINE OF THE S. 12. OF THE N.2/3
OF SAID SW 1/4 OF SW 1/4;THENCE RUN S.89'15'19"E.ALONG SAID NORTH LINE 30.00 FEET TO THE EAST''s
RIGHT.-OF WAY OF LAUREN BETH AVENUE TO THE POINT OF BEGINNING;THENCE CONTINUE S89'15'19"E ALONG
AFORESAID NORTH LINE 1299.37 FEET TO THE EAST LINE OF SAID SW 1/4 OF SW 1/4;THENCE S.0'40'58"W ALONG
SAID EAST LINE 219.78 FEET TO THE SOUTH LINE OF THE S. 1/2 OF THE N.2/3 OF SAID SW 1/4 OF SW 1/4;THENCE
RUN S.89'15'24'W.ALONG SAID NORTH LINE 1296.75 FEET TO THE EAST RIGHT OF WAY OF AFORESAID LAUREN
BETH AVENUE;THENCE NORTH ALONG SAID RIGHT OF WAY 219.69 FEET TO THE POINT OF BEGINNING:
CONTAINING 6.55 ACRES,MORE OR LESS.
DESCRIPTION:-THE SOUTH 1/3 OF THE NORTH 1/2,OF THE SW 1/4, OF THE SW 1/4(LESS THE WEST '
30 FT.THEREOF FOR ROAD RIGHT OF WAY)SECTION 4,TOWNSHIP 22 SOUTH,RANGE 28 EAST,
ORANGE COUNTY FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: _ _ .
BEGIN ATTHE NW CORNER OF THE SW 1/4,OF THE SW 1/4 OF SECTION 4, TOWNSHIP 22 SOUTH,RANGE -
•
28 EAST,ORANGE COUNTY,FLORIDA;THENCE RUN ALONG THE WEST LINE OF SAID SW 1/4 OF SW 1/4,AN
ASSUMED BEARING OF SOUTH A DISTANCE OF 439.38 FEET TO THE NORTH LINE OF THE S. 1/3,OF THE N. 1/2
OF SAID SW 1/4 OF SW 1/4;THENCE RUN S.89'15'19"E ALONG SAID NORTH LINE 30.00 FEET TO THE EAST
RIGHT OF WAY OF LAUREN BETH AVENUE TO THE POINT OF BEGINNING;THENCE CONTINUE S.89°15'19"E.ALONG
• AFORESAID NORTH LINE 1296.75 FEETTO THE EAST LINE OF SAID SW 1/4 OF SW 1/4;THENCE S.0'40'58"W ALONG
SAID EAST LINE 219.78 FEET TO THE SOUTH LINE OF THE S. 1/3 OF THE N. 12 OF SAID SW 1/4 OF SW 1/4;THENCE
RUN S.89'15'24"W.ALONG SAID NORTH LINE 1294.13 FEET TO THE EAST RIGHT OF WAY OF AFORESAID LAUREN
BETH AVENUE;THENCE NORTH ALONG SAID RIGHT OF WAY 219.69 FEET TO THE POINT OF BEGINNING;
CONTAINING 6.53 ACRES, MORE OR LESS.
Page 8 of 9
C:`ALL_DAT.A\AHPDFILE\ANY-REZ\ACTIVE\BLANKENSHIP AX RZ`AXAGRMNT.DOC
•
ban Blankenship Annexations
Location
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__ 1 _ 8,....—........—— ••••• .•/.I•41111111111,4•11011 ...--..-..."----- 7--.-,--.'..""'"--"-, --...
CD f= -,--,.... .-- -._.,..____._I._ 1 i ••••,•••• I ...,,_____
•
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. Lake
0 () -----:- ' _ --- ' :_-_:__
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2 Meadow i____ _:::::____t...__,.........._.fur*
- - ___ - -
_
1,
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--•••••-ana ...m.....or.4.... Rd. _
11111,1k 4111•MM .111,1111 !MO aamw . ..• .11-44aCICRei64:14.411;e t‘d..
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--..................
Legend: Edo .e........
R.--i/ r•-.1 I
Parcel -026 (Annexation #1)
1.;.. ... ._..
111 Parcel -028 (Annexation #2)
Parcel Li nes N _ ..• ._
....,, 4.....?..,..7---1
s. ,......_.,,..J, „...
Lakes -...---„
, \ ,/ City Limits
1
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i
_
f .1'
4 A% f' Joint Planning Boundry A ,
AUG-06-1998 10 21 WINTER PARK CONSTRUCTION 1 407 645 i 2 P.11
i
JOLNDER, CONSENT AND SUBORDINATION
The undersigned hereby certifies that North American MortgageeCompany is
the holder of a mortgage, lien or other encumbrance upon a portion of the ab
ed
property, and that the undersigned hereby joins in and consents to the foregoing instrumentib 1
the owner thereof and agrees that the mortgage, lien or other encumbrance by
W.Blankenship and Holly Renee Blankenship in favor of North American Mortgage Coigpanv_
in the original principal amount of S L 5.000.00, which is recorded �O ciialaRecords Book New k
4619, Page 2937, as assigned to GE Capital Mortgage �� all of the Public Records of
Corporation, filed in Official Records Book 4800, Page
Orange County of Florida, shall be subordinated to the foregoing instrument
ICorscnt
IN WITNESS WHE OF, the undersigned has caused this Joinder,
Subordination to be duly execu by its authorized officer or representative this Co'``day of
1998.
I
Signed, sealed and delivered il
in the presence of: for GE Cap Mortgage Services,Inc.
By: C/f yt_ D//.4Ms
4 � /� Name: f}ssr vicc Pii-rm
Signature - *2- '�
j Title:
Print/Type Name d.,,7/r9 ,�'yT- .
i
STATE OF 5S 3
COUNTY OF_ 4- .-arw-.7
4N-- /�-U 1998;before
THIS IS TO CERTIFY tat on this (9 day of
!take eats in the tabs And Caforesid,
me, an officer dilly 813th• r,-• to C aCI(c1-4-led$IDas ss-,.s . ''',,,-*T.'' Of'` -.
• f e�cY -S f license r.
. . : y : •,._., who produced a drivel's as -
G`� j the foregoing instrument on behalf of said
and that he/she acknowledged xxccudng
Lor en^c ill the presence of two subscribing witnesses, freely and
voluntarily under authority drily in him/her.
I
IN WITNESS WHEREOF,I have hereunto set my s . . • • , . seal on the . a e date.
de FA‘......_ /�'��issutli.,
4 NOTARY SEAL O ; '�, ,�
JO ANN PORTWOOD Prn,ted or Stamped)1.
Public-STATE OF MISSOURI Name of Notary R
irrr
LINCOLN COUNTY
Expires:Nov.20. 000 Commission Number(if not legible on seal):
MY zMr Commission Expires(if not legible on seal):
i •
i
Page 9 of 9
CAALI DATA\A IPDfILENANX4tFZ ACrIVl1BLANYFNStIIP AX RZtAXAGRM'rF.DOC
TOTAL P. 11