HomeMy WebLinkAboutItem #06 Meadow Ridge Plat Approval
AGENDA ITEM COVER SHEET
Meeting Date: March 20, 2007
Item #
lo
Reviewed By:
Department Director:
City Manager:
Nf;~
Contact Name:
Contact Number:
David Wheeler, P. E.
(407) 905-3100 ext. 1506
Subject: Meadow Ridge Plat Approval
Background Summary:
This plat is for the Meadow Ridge subdivision which is the 59.7 acre residential portion of the
Westridge PUD and is bound by Moore Road to the north, th Avenue to the East, Thornebrooke
Drive to the South, and Maguire Road to the West which consists of a 152 single family homes with
its associated amenities. The Meadow Ridge plat is for the residential portion of the Westridge PUD
and does not include the 8.8 acre commercial lots located on the southeast corner of Moore Road
and Maguire Road.
City Staff recommends approval of the plat subject to and conditioned upon the Developer providing
a revised Declaration for Meadow Ridge that, to staff's satisfaction, includes the provisions
referenced in the City Attorney's memorandum dated March 12, 2007 which include, among other
things, the Developer providing a revised Declaration that addresses the homeowners
association's obligations to assist the City in the event the City desires to seek a modification to the
SJRWMD Conservation Easement and/or Permit for Meadow Ridge (See Exhibit "A" dated
February 27, 2007 for requested language). City Staff recommends The Mayor and City Clerk sign
the plat based on the afore mentioned conditions of approval being satisfied. The City Manager,
City Engineer, City Attorney, and the Community Development Director do not support approval of
the plat without the previously stated provisions being satisfied. Pulte Homes does not agree that
the stormwater declaration should be required as a condition of plat approval.
Issue:
City Staff requests that the Mayor and City Commission approve of the Meadow Ridge residential
development plat.
Recommendations
City Staff recommends approval of the plat subject to and conditioned upon the
Developer addressing stormwater issues stated in the City Attorney's memorandum dated March
12, 2007, which includes the homeowners association's obligations to assist the City in the event
the City desires to seek a modification to the SJRWMD Conservation Easement and/or Permit for
Meadow Ridge. City Staff recommends The Mayor and City Clerk execute the plat based on the
afore mentioned conditions of approval. The City Manager, City Engineer, City Attorney, and the
Community Development Director do not support approval of the plat without the previously stated
issues being satisfied.
Attachments:
Mylar Plat, Exhibit "A" (Meadow Ridge Declaration Insert), City Attorney Memo (Dated: 03-12-07),
and Response from Pulte Homes Attorney
Financial Impact:
None
Type of Item:
D
D
D
D
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Public Hearing
Ordinance First Reading
Ordinance First Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's DeDi Use:
D Consent Agenda
D Public Hearing
D Regular Agenda
D Original Document/Contract Attached for Execution by City Clerk
D Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by (Planning)
~ N/A
D N/A
D N/A
Commissioners
Gary Hood. District 1
Scott Anderson. District 2
Rusty Johnson. District 3
Joel F. Keller. District 4
Mayor
S. Scott Vandergrift
City Manager
Robert Frank
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
FROM:
David Wheeler, P.E.
DATE:
March 20, 2007
RE:
Meadow Ridge Plat Approval
ISSUE
Plat Approval for the Meadow Ridge Subdivision
BACKGROUNDIDISCUSSION
This plat is for the Meadow Ridge subdivision which is the 59.7 acre residential portion of the
Westridge PUD and is bound by Moore Road to the north, ih Avenue to the east, Thornebrooke
Drive to the south, and Maguire Road to the west. The residential development consists of a 152
single family homes with its associated amenities. The Meadow Ridge plat is for the residential
portion of the Westridge PUD and does not include the 8.8 acre commercial tract located in the
northwest corner of the overall property.
City Staff recommends approval of the plat subject to and conditioned upon the Developer providing a
revised Declaration for Meadow Ridge that, to staff"s satisfaction, includes the provisions referenced
in the City Attorney's memorandum dated March 12, 2007 which include, among other things, the
Developer providing a revised Declaration that addresses the homeowners association's obligations
to assist the City in the event the City desires to seek a modification to the SJRWMD Conservation
Easement and/or Permit for Meadow Ridge. City Staff recommends The Mayor and City Clerk sign
the plat based on the afore mentioned conditions of approval being satisfied. The City Manager, City
Engineer, City Attorney, and the Community Development Director do not support approval of the plat
without the previously stated provisions being satisfied.
Pursuant to Condition of Approval No. 44 on the approved Final Subdivision Plan for Meadow Ridge,
the Developer is required to grant a Conservation and Drainage Easement over and upon Tract I in
favor of the City. Prior to submitting the plat for review, however, the Developer granted a
Conservation Easement over Tract I solely in favor of SJRWMD. Condition of Approval No. 44 was
included on the Final Subdivision Plan at the request of City staff in order to allow the City to address
future public drainage/flooding concerns in the area of Tract I. This issue was commented on by the
City Attorney in the first review of the plat. It was further commented on by the City Attorney in the
subsequent second and third plat reviews. The City Attorney comments for all three reviews have
been attached. This requirement is imposed on all new subdivisions to protect the public in
emergencies.
The restrictions imposed by the prior Conservation Easement in favor of SJRWMD may prohibit the
City from taking the actions that may be necessary to address such future concerns of the City. To
address future drainage/flooding concerns in light of the prior Conservation Easement in favor of
SJRWMD, the City will need to seek a modification from SJRWMD to the Conservation Easement
and/or Permit in order to allow the City take such actions as may be necessary. SJRWMD has
advised City staff that only the holder of the applicable SJRWMD Permit may apply for such a
modification.
Upon the platting of the property, the Meadow Ridge homeowners association will be the holder of
the SJRWMD Permit. Although City staff has not objected to the prior Conservation Easement in
favor SJRWMD remaining in place at this time, the Engineering and Legal Departments have
recommended that additional language be added to the Declaration for Meadow Ridge to provide that
the homeowners association will cooperate with the City and sign an application to modify the
SJRWMD Conservation Easement and/or Permit if requested to do so by the City. A copy of the City
Attorney's March 12, 2007 memorandum referencing the additional language that staff is
recommending be included in the Declaration for Meadow Ridge is hereto. The Developer, Pulte
Home Corporation, has objected to the inclusion of such language in the Declaration for Meadow
Ridge. A copy of a memorandum from Pulte's attorney, which explains Pulte's objections to the
inclusion of such language in the Declaration for Meadow Ridge, is attached hereto.
This objection is a serious issue because Meadow Ridge and Windsor Landings have controlling
interests in the wetlands. Pulte Homes is not complying with the Conditions of Approval as previously
negotiated by the City Commission on August 17, 2004. Pulte Homes did not comply when they
recorded the conservation and drainage easement in favor of St. Johns Water Management District
only. To comply they should vacate the current document and record one that complies with
Condition of Approval #44 or include the language as proposed by the City staff. There is a similar
condition of approval for Windsor Landings as well.
The City has considered a CIP project to close up the ditch along the east side of Maguire Road in
front of Windsor Landings. To "hardpipe" the drainage would require a 35inch or larger pipe. As part
of the project, the new large pipe should run all the way to the wetland overflow structure; therefore
allowing greater flow capacity for the overflow. The current pipe out of the overflow structure and
under Thornebrooke Drive is 15inch. The overflow elevation of the structure would not be changed,
only the ability for water to escape the wetlands and not back up and potentially flood any
surrounding property. Accordingly, if left in its current form, the City could be prevented from
protecting a downstream subdivision, Windsor Landings, from flooding due to the inability to quickly
respond to an emergency flooding situation. Ironically, the City has required Pulte to raise the berm
around this wetland along Thornebrooke Drive due to the acknowledgement that this subdivision
raises the 100-year floodplain elevation or the wetland they wish to prevent the City from accessing
when emergency conditions arise.
EXHIBIT "A"
MEADOW RIDGE DECLARATION INSERT
(February 27,2007)
If the City detennines that there is a need to discharge stonnwater runoff over or through
Tract I or construct improvements related thereto within Tract I that would be prohibited by that
celiain Conservation Easement made by the Declarant in favor of the SJR WMD and recorded in
Official Records Book 8653, Page 2043 of the Public Records of Orange County, Florida, as
same may be amended from time to time, and the City notifies the Association that the City
requests to seek a modification of such Conservation Easement and/or the SJRWMD Pem1it to
allow for the City's proposed usee s) of Tract I, then the Association (or the Declarant if such a
request is made prior to Transfer of Control) shall sign an application as co-permittee with the
City for such a modification to allow the City to discharge stom1water runoff over or tlu'ough
Tract I or construct improvement related thereto, as long as the City agrees in writing with the
Association (or Declarant, if the request for a modification is made prior to Transfer of Control)
to (a) be solely responsible for all costs required to apply for, pursue and obtain such a
modification and to construct all improvements permitted by such modification, and (b) repair at
the City's sole cost and expense all damage caused by construction pem1itted by such
modification within a reasonable time.
ORLA_ 437554.1
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LLP
ATTORNEYS AND COUNSELORS AT LAW
MEMORANDUM
TO:
CC:
Nick Palmer, Esq.
Mr. Doug Puvogel
CLIENT-MATTER NO.: 17162.0069
FROM:
DATE:
RE:
Charles B. Costar, III
March 7, 2007
Pulte Home Corporation/Meadow Ridge/Plat Approval
Nick,
I am writing, at your request, to explain the reasons Pulte Home Corporation ("Pulte") is
requesting changes to the language you suggested in your Memorandum to J ealme Washington,
Engineering Department, dated January 5, 2007, specifically, No. 1. I have enclosed a copy of
my Memorandum dated February 8, 2007 forwarded to you by email dated February 13, 2007
for your reference.
Following general comments, I have organized this Memorandum by referencing the
specific sections and sub-sections of my prior Memorandum that include the requested additional
language.
In general, Pulte, its predecessor in title, and their respective consultants spent a
significant amount of time designing a surface water and stonnwater management system
acceptable to the City of Ocoee ("City") and the St. Johns River Water Management District
("District"). We do not see any reason why there is more uncertainty today with respect to
drainage conditions in the area than there was one (1) year ago when the City approved the Final
Subdivision Plans for the community. In addition, we do not believe the Conditions of Approval
of the Final Subdivision PlallS contemplate and/or require a modification of the District Permit
by the City or an obligation of Pulte and/or its Association to agree to such modification.
Moreover, Tract I is only part of a wetland, the other part of which extends south of Pulte's
property alld is part of the Windsor Lallding community. A conservation easement in favor of
the City and District exists over that part of the wetland in the Windsor Landing community. A
separate District permit exists with respect to the surface water and stormwater management
system in that community. I understand an outfall structure that controls the water level of the
entire wetland actually exists in that part of the wetland in the Windsor Landing community. If
ORLDOCS 10870229 1
anything is to be modified, it is most likely that structure and the permit for the Windsor Landing
surface water and stormwater system. Moreover, we think the entire permitting process is about
certainty for the City (and District with respect to permits for surface water and stormwater
management systems) in tenns of how a developer will be able to develop its land, The City's
request for Pulte and/or the Association to agree now to allow the City in the future to modify the
District permit should the City so desire to make changes to Tract I and/or the surface water and
stromwater management system, the scope of which are unknown today, creates only uncertainty
for Pulte, the Association and prospective purchasers. Simply stated, in addition to being
unrealistic, we think the request is unfair. Nevertheless, Pulte's requested additional language is
intended to try and reach a reasonable compromise with the City on this issue.
Section
Explanation
I (a)
The City, as the party requesting a modification of the District permit, should have
to pay for costs and expenses to apply for, pursue and obtain a modification of the
District pernlit and to construct all improvements permitted by the modificatiol1.
l(b)
We think there is a difference between the language in lea) and l(b). For
example, but not by way of limitation, the Pulte and/or the Meadow Ridge of
Orange County Homeowners Association, Inc. ("Association") as Permittee of the
District permit may incur costs and expenses should the City's requested
modification result in additional required mitigation for impacts to the
Conservation Area and costs to comply with any additional Pemlit requirements
added as a result of modification sought by the City. Those costs could include
costs for maintenance and/or monitoring, again wholly dependent upon
modifications sought by the City. As you know, at this time, the City does not
have a proposal or plan for the modification of the District permit and/or use of
Tract 1. Consequently, the extent, if any, of any and all additional costs and
expenses that may be incurred as a result of any modifications sought by the City
are unknown. A finite list of costs and expenses cannot be provided.
l(c)
This request is self-explanatory. There should be some period of time by which
repairs should be completed, and Pulte is suggesting a thirty (30) day period.
2(a)
Pulte is currently the Permittee and Pulte and/or the Association will have long-
term responsibility for compliance with permit conditions. We certainly do not
anticipate the City seeking a modification that would adversely impact the surface
water or stormwater management system. However, without knowing what the
City wants to do, we think the language is a reasonable request. If the City's
position is the District will not allow any modification of the District permit that
adversely affects the surface water and stormwater system, including the language
should not be a concern.
2(b)
In addition to not knowing what the City wants to do, the language the City
suggested does not have any limitation on the scope of the modification of the
District permit with respect to additional discharge of stormwater nmoff or the
construction of improvements in Tract 1. Tract I is connected to the surface water
2
ORLDOCS 108702291
and stormwater management system for the Meadow Ridge community. A
change in the discharge of stromwater nmoff may raise or lower the level of
stormwater throughout the system impacting not only Tracts adjacent to Tract I
and improvements thereon, but also lots bordering other Tracts that are part of the
surface water and stormwater management system. The current constmction
plans and landscape plans for the community are based upon the cun-ently
permitted surface water and stormwater management system. If, for example,
any modification sought by the City resulted in a change in the water level of
Tract I, and potentially the water level in Tracts B, C, ancIJor D, not only would
the appearance of those tracts change, but differing water levels can impact the
value of lots and liability exposure (with respect to health and safety concerns) of
the Association as the entity owning the tracts.
2(c) The Association will ultimately be the entity responsible for ownership and
maintenance of the surface water and stormwater management system as
Permittee on the District permit, as owner of the stormwater tracts and pursuant to
the Declaration. However, the costs of maintaining the surface water and
stormwater management system are passed onto lot owners. Our concern is a
modification of the District permit sought by the City could result in increased
maintenance expenses, whether as a result of an increase in the required routine
maintenance or as a result of compliance with additional permit conditions, such
as monitoring if necessary as a result of additional impacts, if any. Increased
costs result ultimately in increased assessments. However, given constraints on
the extent to which Association budgets can be increased on an annual basis, there
could be periods of time when increased maintenance costs are unfunded or
under-funded. As you can imagine, lot owners are always concerned about
changes in Association budgets and the potential for increased assessments.
Again, not knowing what the City wants to do, the potential for increased
assessments is real, is a significant concern to my client and presumably to any
prospective purchaser.
2(d) We have requested this language mainly given the uncertainty with respect to the
scope of what the City might request in a modification of the DistIict permit.
Tract I is abuts several other tracts, one of which is a drainage tract (Tract C). We
don't think the language requested by the City would prohibit a change in the
cun-ent boundaries of the different tracts on the proposed plat. Reconfiguration of
tracts ancIJor lot boundaries is unacceptable to Pulte. It creates too much
uncertainty for Pulte and prospective purchasers. Further, any change in the
boundaries of Tract I, or other tracts and/or lots, would not only impact
improvements that will have been completed by Pulte at substantial expense and
change the appearance of Tract I and/or sun-ounding properties, but also could
potentially trigger the obligation to re-plat to the property. Pulte will most likely
not have the control necessary to consent to a replat any part of the property.
2( e) The Tract I is a prominent feature at the front of the Meadow Ridge community.
It is in a natural state now. Without knowing the extent to which the City may
seek to modify the District permit or improvements the City may want to
3
ORLDOCS 10870229 1
ddr
Enclosure
ORLDOCS 108702291
construct in Tract I in the future, the future appearance of Tract I is completely
unpredictable. Uncertainty of the appearance of Tract I creates significant
problems for Pulte. In general, homeowners do not like changes in appearances of
areas designated for conservation. Many homeowners make decisions on which
lots to purchase based upon proximity to areas to be "conserved" in their natural
state. Often times, buyers will pay a premium for such lots. Not being able to tell
a prospective purchaser what will happen in the future with a relatively large area
of the community will create so much uncertainty that without reasonable
constraints on the scope of modifications to the District pennit, my client will lose
sales. Further, regardless of the number and extent of disclosures made to
prospective purchasers about the City's right to modify the District permit and the
possible impact of that on, among other things, the appearance of Tract I,
significant changes in the appearance of large areas of property that look one way
when a prospective purchaser buys a lot and look another way in the future result
in unhappy customers who threaten and/or pursue litigation. While adequate
disclosures may provide valid defenses, they do not often stop lawsuits from being
filed. The mere filing of lawsuits causes my client to incur substantial costs, in
addition to potential exposure for damages. The appearance of Tract I needs to
remain unchanged as a result of any modification of the District permit sought by
the City.
4
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LLP
A TTORNEYS AND COUNSELORS AT LAW
MEMORANDUM
CLIENT-MATTER NO.: 17162-0069
Charles B. Costar, III
ebruary 8, 2007
Meadow Ridge - Proposed Change to City ofOcoee's Suggested Addition to the
eclaration of Covenants, Conditions and Restrictions relating to Tract I
If the City determines that there is a need to discharge stormwater runoff over or through
Tract I or construct improvements related thereto within Tract I that would be prohibited b that
certain Conservation Easement made by the Declarant in favor of the SJR recorded in
Official Records Book 8653, Page 2043 of the Public Records 0 County, Florida, as
same may be amended from time to time, and the City notifies t ~ at the City requests to
seek a modification of such Conservation Easement and/or the SJR Permit to allow for the
City's proposed use(s) of Tract I, then the Association (or the Declarant if such a request is made
prior to Transfer of Control) shall sign an application as co-pem1ittee with the City for such a
modification to allow the City to discharge stormwater runoff over or through Tract I or
constmct improvement related thereto, as long as:
(1) the City agrees in writing with the Association (or Declarant, if the request for a
modification is made prior to Transfer of Control) (a) to be solely responsible for all
costs required to apply for, pursue and obtain such a modification and to construct all
improvements pennitted by such modification, (b) to reimburse the Association and
Declarant, if applicable, for any and all costs incurred by each, if any, as a result of
the modification sought by the City and(c) to repair at the City's sole cost and
expense all damage caused by construction permitted by such modification within a
reasonable time not to exceed thirty (30) days; and
(2) the proposed modification sought by the City shall not (a) adversely impact the
surface water or stormwater management system (as defined in the Declaration), (b)
adversely impact any real or personal property beyond the limits of Tract I, (c) result
in an increase in the frequency or cost of maintaining the surface water and
stormwater management system (as defined in the Declaration) or Tract I, (d) change
the configuration of any property beyond the limits of Tract I and improvements
thereon or (e) change the aesthetic appearance of Tract 1.
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ORLDOCS 108497892
Otherwise, the Association and Declarant, if applicable, shall have no obligation to sign
an application or other document consenting to or enabling a modification of the SJRWMD
Permit.
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ORLDOCS 108497892
SHUTTS
BOWEN
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LLP
ATTORNEYS AND COUNSELORS AT LAW
MEMORANDUM
TO:
FROM:
DATE:
File
CLIENT-MATTER NO.: 17162-0069
Charles B. Costar, III
February +;,~ 2007
eadow Ridge - Proposed Change to City of Ocoee's SugguostedSmlllested Addition
o the Declaration of Covenants, Conditions and Restrictions relating to Tract I
If the City determines that there is a need to discharge stormwater runoff over or through
Tract I or construct improvements related thereto within Tract I that would be prohibited by that
certain Conservation Easement made by the Declarant in favor of the SJRWMD and recorded in
Official Records Book 8653, Page 2043 of the Public Records of Orange County, Florida, as
same may be amended from time to time, and the City requestsnotifies the City that the
AssociationCitv requests to seek a modification of such Conservation Easement and/or the
SJRWMD Permit to allow for the City's proposed use(s) of Tract I, then the Association (or the
Declarant if such a request is made prior to Transfer of Control) shall apply to SJR\VMDsilln an
application as co-oermittee with the City for such a modification and use reasonable and good
faith efforts to cooperate v.'ith the City and SJRVlMD to obtain such G. modification in order to
allow the City to discharge stormwater runoff over or through Tract I or construct
improvementsimprovement related thereto. as lonll as:
(1) the City allrees in writinll with the Association (or Declarant. if the request for a
modification is made orior to Transfer of Control) (a) to be solely resoonsible for all
costs required to aoolv for. oursue and obtain such a modification and to construct all
imoroyements oermitted by such modification. (b) to reimburse the Association and
Declarant. if aoolicable. for any and all costs incurred by each. if any. as a result of
the modification soullht by the City and(c) to reoair at the City's sole cost and
expense all damalle caused by construction oermitted by such modification within a
):'~asonable time not to exceed thirty (30) days: and
(2Lthe:prooosed modification soullht by the City shall not (a) adyerselv imoact the
surface water or stOffi1water manallement system (as defined in the Declaration). (b)
ad~ely impact any real or oersonal mooertY beyond the limits of Tract L (c) result
in...uncrea.se in the frequency or cost of maintaininll the surface water and
stormwater management system (as defined in the Declaration) or Tract I. (d) chanlle
the confilluration of any orooerty beyond the limits of Tract I and immovements
thereon or (e) chanlle the aesthetic appearance of Tract 1.
1085] 83 g 11 0849739~
ORLDOCS 10851847 1
"
Otherwise. the Association and Declarant. if aoolicable. shall have no obligation to sign
an aoolication or other document consenting to or enabling a modification of the SJRWMD
Permit.
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1 OS51 S38 110S~1.&2A
ORLDOCS 10851847 I
Document comparison done by Workshare DeltaView on Tuesday, February 13, 2007
9:46:45 AM
Ilnput:
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Document 2 i nterwovenSite:l/S B-ORL-DMS/ORLDOCS/1 0849789/2
Rendering set standard
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Sta,.~istics:
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Deletions 10
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Total changes 25
ORLDOCS 10851847 1
MEADOW RIDGE DECLARATION INSERT
(February 27,2007)
If the City detennines that there is a need to discharge stormwater runoff over or through
Tract I or construct improvements related thereto within Tract I that would be prohibited by that
certain Conservation Easement made by the Declarant in favor of the SJRWMD and recorded in
Official Records Book 8653, Page 2043 of the Public Records of Orange County, Florida, as
same may be amended from time to time, and the City notifies the Association that the City
requests to seek a modification of such Conservation Easement and/or the SJRWMD Permit to
allow for the City's proposed usee s) of Tract I, then the Association (or the Declarant if such a
request is made prior to Transfer of Control) shall sign an application as co-permittee with the
City for such a modification to allow the City to discharge stonnwater runoff over or through
Tract I or construct improvement related thereto, as long as the City agrees in writing with the
Association (or Declarant, if the request for a modification is made prior to Transfer of Control)
to (a) be solely responsible for all costs required to apply for, pursue and obtain such a
modification and to construct all improvements pem1itted by such modification, and (b) repair at
the City's sole cost and expense all damage caused by construction pem1itted by such
modification within a reasonable time.
ORLA_ 437554.1
, .
: FOLEY
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0778
TO:
Jeanne Washington, Engineering Department
FROM:
Nicholas N. Palmer, Assistant City Attorney
DATE:
March 12, 2007
RE:
Meadow Ridge - Plat - Supplemental Comments
Project No.: LS-2005-011
In connection with the above-referenced project, we have reviewed the following
documents:
1. Response Letter from Donald W. McIntosh Associates, Inc., as received
by the City on March 7,2007 (the "Response Letter");
2. Amended and Restated Declaration of Easements and Declaration of
Maintenance Obligations for Meadow Ridge PUD, as received by the City
on March 7, 2007 (the "Restated Declaration");
3. First Amendment to Post-Closing Agreement, as received by the City on
March 7, 2007;
4. Assignment and Acceptance of Assignment of Pulte Home Corporation's
rights, obligations and responsibilities pursuant to the Restated
Declaration, as received by the City on March 7,2007;
5. Special Warranty Deed from Pulte Home Corporation to Orange County,
Florida for Tract A, as received by the City on March 7, 2007 (the
"County Deed");
6. Special Warranty Deed from Pulte Home Corporation to the City of
Ocoee, Florida for Tracts L and P, as received by the City on March 7,
2007 (the "City Deed");
7. Special Warranty Deed from Pulte Home Corporation to Meadow Ridge
of Orange County Homeowners Association, Inc. for Tracts B, C, D, E, F,
ORLA_ 439002.2
, .
I FOLEY
FOLEY & LARDNER LLP
F-l, F-2, G, G-l, I, N and 0, as received by the City on March 7, 2007
(the "Association Deed");
8. Special Warranty Deed from Maguire Roberson, LLC to the City of
Ocoee, Florida for Tract M (as identified on the PSP), as received by the
City on March 7, 2007 (the "Tract M Deed");
9. Declaration for Meadow Ridge, as received by the City on March 7, 2007
(the "Declaration");
10. Certificate of Title Information No. 2037-1522047 with an effective date
of February 19,2007, issued by First American Title Insurance Company,
as received by the City on March 7,2007 (the "Title Certificate");
11. Plat Opinion Letter dated January 30, 2007 from Shutts & Bowen LLP;
12. Memorandum from attorney Chuck Costar dated March 7, 2007 regarding
Pulte Home Corporation's objections to additional Declaration language;
and
13. Plat of Meadow Ridge, as received by the City on March 7, 2007 (the
"Plat").
Based upon our review of the documents noted above and pursuant to the Land
Development Code, we have the following comments:
1. [Revised Comment] Pursuant to Condition of Approval No. 44 on the approved
Final Subdivision Plan for Meadow Ridge (the "FSP"), the Developer is required to grant a
conservation and drainage Easement over and upon Tract I in favor of the City. Condition of
Approval No. 44 was included on the Final Subdivision Plan at the request of City Staff in order
to allow the City to address possible future drainage concerns in the area of Tract 1. Prior to
submitting the Plat to the City for review, however, the Developer granted a Conservation
Easement (the "Conservation Easement") over Tract I in favor of SJRWMD, and not the City.
The Conservation Easement was executed and recorded without being provided to the City for
review. (We note that a different version of Conservation and Drainage Easement was executed
in favor of both the City and SJR WMD with respect to that portion of the wetland located within
the Windsor Landing subdivision.) The restrictions imposed by the Conservation Easement may
prohibit the City from taking: certain actions that may be necessary to address the possible future
drainage concerns in the area. City Staff could have required that the Developer go back to
SJR WMD and obtain a modification of the Conservation Easement consistent with the
requirements of the FSP, however, this would have caused a substantial delay to the Developer.
As an accommodation to the Developer, City Staff did not require that the Developer seek a
modification from SJRWMD prior to platting, but instead recommended that additional language
be added to the Declaration sufficient to address the City's concerns. In order for the City to
address any possible future drainage concerns in light of the Conservation Easement, the City
may need to seek a modification to the Conservation Easement and/or Permit. SJRWMD has
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advised City Staff that only the holder of the SJRWMD Permit may apply for such a
modification. Following the platting of the property, Meadow Ridge of Orange County
Homeowners Association, Inc. (the "HOA") will be the maintenance entity under the SJRWMD
Permit. So that the Developer would not be required to seek a modification from SJR WMD
prior to platting, the Engineering and Legal Departments proposed additional language to be
included in the Declaration to provide that the HOA will cooperate with the City and sign any
necessary application to modify the SJRWMD Conservation Easement and/or Permit if
requested to do so by the City. The Developer objected to the inclusion of such language in the
Declaration and proposed several revisions to the initial language proposed by City Staff. As a
further accommodation to the Developer, the Engineering and Legal Departments agreed to
some, but not all, of the Developer's proposed changes. The language that is currently supported
by City Staff, which represents a compromise position, is as follows:
If the City determines that there is a need to discharge stormwater
runoff over or through Tract I or construct improvements related
thereto within Tract I that would be prohibited by that certain
Conservation Easement made by the Declarant in favor of the
SJRWMD and recorded in Official Records Book 8653, Page 2043
of the Public Records of Orange County, Florida, as same may be
amended from time to time, and the City notifies the Association
that the City requests to seek a modification of such Conservation
Easement and/or the SJRWMD Permit to allow for the City's
proposed use(s) of Tract I, then the Association (or the Declarant if
such a request is made prior to Transfer of Control) shall sign an
application as co-permittee with the City for such a modification to
allow the City to discharge stormwater runoff over or through
Tract I or construct improvements related thereto, as long as the
City agrees in writing with the Association (or Declarant, if the
request for a modification is made prior to Transfer of Control) to
(a) be solely responsible for all costs required to apply for, pursue
and obtain such a modification and to construct all improvements
permitted by such modification, and (b) repair at the City's sole
cost and expense all damage caused by construction permitted by
such modification within a reasonable time.
The primary objective of City Staff is to assure the City's ability to address possible
future drainage problems in the area of Tract I not be impeded. The Developer appears to
believes that City Commission will somehow take an action detrimental to the future residents of
Meadow Ridge. We believe that the Developer's concern is without basis and that the Developer
should be confident that any modification to the Conservation Easement and/or Permit approved
by both the City and SJRWMD would not be detrimental to the residents of Ocoee.
Accordingly, Article V, Section lOCi) of the Declaration should be revised to include the above-
referenced provision. [Attached hereto, for the City Commission's review, is a blackline
showing the Developer's proposed changes to City Staff's initial proposed language. Also
attached are the City Attorney's 1st, 2nd and 3rd round plat review comments memoranda.
Comment No.2 on the City Attorney's memorandum dated July 7, 2006 (1st round),
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Comment No. 1 on the City Attorney's memorandum dated October 9, 2006 (2nd Round)
and Comment No.1 on the City Attorney's memorandum dated January 5, 2007 (3rd
round) provide the historical development of this issue throughout the plat review process.]
2. We note that the Title Certificate indicates that the parcel being conveyed to the
City by virtue of the Tract M Deed is subject to: (i) a Mortgage Deed and Security Agreement,
(ii) Assignment of Rents, Leases and Deposits, and (iii) UCC-l Financing Statement, all in favor
of BankAtlantic (collectively, the "Tract M Mortgage"). Please be advised that the Tract M
Mortgage must be released as to that parcel being convey to the City prior to the City accepting
title to such parcel. Accordingly, please provide a Partial Release of Mortgage from
BankAtlantic releasing its lien from the parcel being conveyed to the City or, in the alternative,
provide an updated Title Certificate evidencing that the Tract M Mortgage has been satisfied and
released of record.
If you have any questions regarding this matter, please do not hesitate to call.
cc: Paul E. Rosenthal, City Attorney
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ATTORNEYS AT LAW
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0778
TO:
Jeanne Washington, Engineering Department
FROM:
Nicholas N. Palmer, Assistant City Attorney
DATE:
January 5, 2007
RE:
Meadow Ridge - Plat
Project No.: LS-2005-011
(Third Round Comments)
In connection with the above-referenced project, we have reviewed the following
documents:
1. Response letter from Donald W. McIntosh Associates, Inc. dated
November 8, 2006 (the "Response Letter");
2. Statement of Lien Settlement Requirements for Current Year Payable
Taxes, Tax Sales and Capital Improvements (the "Lien Settlement
Statement");
3. Articles of Incorporation of Meadow Ridge of Orange County
Homeowners Association, Inc. (the "Articles");
4. Bylaws of Meadow Ridge of Orange County Homeowners Association,
Inc. (the "Bylaws"); and
5. Plat of Meadow Ridge (the "Plat").
This memorandum supersedes our previous memoranda dated July 7, 2006 and October
9, 2006. Based upon our review of the documents noted above and pursuant to the Land
Development Code, we have the following comments:
1. [Revised Comment] The Final Subdivision Plan for the property provides that a
Conservation and Drainage Easement over Tract I will be granted in favor of the City. We
understand that a Conservation Easement in favor of SJRWMD has already been granted over
Tract I in connection with the Applicant's SJRWMD stormwater permit. City Staff has advised
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that there may be a need in the future to direct drainage over or through Tract I and/or construct
drainage improvements within Tract I that would be prohibited by the terms of the current
SJR WMD Conservation Easement. At a future date, the City may request that the Declarant or
the HOA, as applicable, seek a modification of the Conservation Easement to allow for the
City's use of Tract 1. Accordingly, please add the following provision to the Declaration of
Covenants, Conditions and Restrictions for Meadow Ridge:
If the City determines that there is a need to discharge stormwater
runoff over or through Tract I or construct improvements related
thereto within Tract I that would be prohibited by that certain
Conservation Easement made by the Declarant in favor of the
SJRWMD and recorded in Official Records Book 8653, Page 2043
of the Public Records of Orange County, Florida, as same may be
amended from time to time, and the City requests that the
Association seek a modification of such Conservation Easement
and/or the SJRWMD Permit to allow for the City's proposed use(s)
of Tract I, then the Association (or the Declarant if such a request
is made prior to Transfer of Control) shall apply to SJRWMD for
such a modification and use reasonable and good faith efforts to
cooperate with the City and SJRWMD to obtain such a
modification in order to allow the City to discharge stormwater
runoff over or through Tract I or construct improvement related
thereto.
2. [Revised Comment] We note that the Title Opinion lists a Declaration of
Easements dated March 29, 2006 by and between Maguire Roberson, LLC and Pulte Home
Corporation (the "MRLLC Declaration") as affecting the Property. This document references
several easements over the Property in favor of Maguire Roberson, LLC and the adjacent
commercial portion of the Westridge PUD. The Response Letter indicates that the easements
cannot be shown on the Plat because the easement areas are only generally described by general
drawings and not described by metes and bounds legal descriptions. Many of the easements
reflected in the MRLLC Declaration are critical to ensuring that the residential and commercial
portions of the entire Westridge PUD function as an integrated project in accordance with the
Preliminary Subdivision Plan (the "PSP") approval. The MRLLC Declaration was executed and
recorded without any prior review by the City for consistency with the PSP. To ensure that the
residential and commercial portions of the project continue to work together, the MRLLC
Declaration will need to be amended as set forth below. Due to the number of amendments that
need to be made, we recommend that the MRLLC Declaration be amended and restated in its
entirety. The Amended and Restated Declaration of Easements will need to be recorded
contemporaneously with the Plat. Please revise the MRLLC Declaration as follows:
a. References to the "PSP" throughout the MRLLC Declaration should be
replaced, as applicable, with references to the Plat of Meadow Ridge, as recorded in Plat
Book , Page , Public Records of Orange County, Florida.
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b. Add a provision providing that it may only be amended with the prior
written consent of the City, as reflected in an instrument to be recorded with any
amendment.
c. All easement areas should be described in terms of and refer to platted
tract legal descriptions in lieu of the general drawings that were based on the PSP in order
to avoid any conflicts between the MRLLC Declaration and the Plat. To the extent
certain easement areas cannot be accurately described by the platted tract descriptions,
reference should be made to metes and bounds legal descriptions in lieu of the general
drawings.
d. It is material to the City that the MRLLC Access Easement provide broad
access rights over the MRLLC Access Easement Area to and from the commercial site in
accordance with the PSP. Accordingly, the first sentence of Section 3 should be revised
to read:
Pulte, as grantor, does hereby give, grant, convey and declare unto
MRLLC, its successors and assigns, as grantee, for the benefit of
MRLLC's Property, the owners thereof, and such owners'
emplovees. agents. licensees. contractors. engineers. consultants.
tenants. invitees. guests. customers. and patrons, a perpetual non-
exclusive ingress, egress and access easement for vehicular and
pedestrian access purposes. . ..
e. It is material to the City that the MRLLC Access Easement Area provide a
perpetual means of access to the commercial site in accordance with the PSP and that the
HOA, as future fee owner of the MRLLC Access Easement Area, not limit such access to
the commercial site in any way. As such, all persons entitled to such access must be able
to enforce their easement rights directly. Accordingly, revise Section 15 to provide that
any person (not just MRLLC or the Commercial Association) who is granted easement
rights pursuant to the MRLLC Declaration shall be entitled to enforce Pulte' s (and the
HOA's) covenants, obligations, duties or responsibilities set forth in the MRLLC
Declaration.
f. Add a provision providing that, prior to or at the time of Turnover of the
HOA from Pulte to the lot owners, Pulte shall assign all of its covenants, obligations,
duties and responsibilities under the MRLLC Declaration to the HOA and execute and
record in the Public Records of Orange County, Florida an instrument reflecting same,
provided, however, that no such assignment shall be effective until such time that the
HOA assumes all of Pulte's covenants, obligations, duties and responsibilities under the
MRLLC Declaration and executes an instrument reflecting same and such instrument is
recorded in the Public Records of Orange County, Florida.
Please provide for the City's review a draft copy of the Amended and Restated Declaration of
Easements that addresses the forgoing.
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3. In accordance with Pulte's obligation to assign its covenants, obligations, duties
and responsibilities under the MRLLC Declaration to the ROA pursuant to Comment No. 2(f)
above, please revise the Declaration of Covenants, Conditions and Restrictions for Meadow
Ridge to provide that the Association shall, at the request of the Declarant, assume all of the
Declarant's covenants, obligations, duties and responsibilities under the MRLLC Declaration and
execute an instrument reflecting same that shall be recorded in the Public Records of Orange
County, Florida.
4. Please revise the Plat to depict and label that portion of Tract F subject to the
MRLLC Access Easement pursuant to the MRLLC Declaration as a separate tract. This will
allow the MRLLC Access Easement Area to be described by reference to a platted tract legal
description in the Amended and Restated MRLLC Declaration in accordance with Comment No.
2(b) above. In addition, please revise the ROA Deed and Note No. 13 on the Cover Sheet of the
Plat to reference this new tract.
5. Please revise the Cover Sheet of Plat to add the following Note:
The Property is subj ect to that certain Amended and Restated
Declaration of Easements, recorded in Official Records Book
_, Page , Public Records of Orange County, Florida.
6. [Revised Comments] Please revise Note No. 18 on the Cover Sheet of the Plat to
add the following language:
, as such permit from time to time may be amended. The drainage
easement granted above does not impose any obligation, burden,
responsibility or liability upon the City of Ocoee to enter upon the
subject property and take any action to repair or maintain the
private drainage system.
7. Based on our further review of the Plat, we believe that the attorney's title
certification letter should not be referenced on the Plat. Accordingly, please revise the Cover
Sheet of the Plat to delete Note No. 24.
If you have any questions regarding this matter, please do not hesitate to call.
cc: Paul E. Rosenthal, City Attorney
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ATTORNEYS AT LAW
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0778
TO:
Jeanne Washington, Engineering Department
FROM:
Nicholas N. Palmer, Assistant City Attorney
DATE:
October 9, 2006
RE:
Meadow Ridge - Plat
Project No.: LS-2005-011
(Second Round Comments)
In connection with the above-referenced project, we have reviewed the following
documents:
1. Transmittal letter from Donald W. McIntosh Associates, Inc. dated August
25, 2006;
2. Response letter from Donald W. McIntosh Associates, Inc. dated August
25,2006 (the "Response Letter");
3. Orange County Street Name Petitions;
4. Plat Opinion Letter from Shutts & Bowen LLP dated July 31, 2006, with
an effective date of July 24, 2006, and copies of the title documents (the
"Title Opinion");
5. Proposed Declaration for Meadow Ridge (the "Declaration");
6. Special Warranty Deed from Pulte Home Corporation in favor of the City
ofOcoee conveying Tracts "L" and "P" (the "City Deed") and DR-219;
7. Special Warranty Deed from Pulte Home Corporation in favor of Meadow
Ridge of Orange County Homeowners Association, Inc. conveying Tracts
"B, "C", "D", "E", "F", "G", "G-1", "I", "N" and "0" (the "Homeowners
Deed") and DR-219;
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8. Special Warranty Deed from Pulte Home Corporation in favor of Orange
County, Florida conveying Tract "A", (the "Orange County Deed") and
DR-219;
9. Letter from Donald W. McIntosh Associates, Inc. dated August 14, 2006
regarding the permanent reference monuments;
10. Boundary closure sheet;
11. Sketch CS# 06-224 prepared by Donald W. McIntosh Associates, Inc. for
right-of-way;
12. Sketch CS# 06-502 prepared by Donald W. McIntosh Associates, Inc. for
right-of-way;
13. Performance Bond;
14. Traffic Law Enforcement Agreement between City of Ocoee, Florida and
Pulte Home Corporation (the "Traffic Agreement");
15. Certification of Construction Completion Costs for Performance
Guarantee Amount from Donald W. McIntosh Associates, Inc. dated June
22, 2006;
16. Statement of Lien Settlement Requirements for Current Year Payable
Taxes, Tax Sales and Capital Improvements (the "Lien Settlement
Statement");
17. Sheet Index stamped approved by the Orange County Utilities Dept.; and
18. Plat of Meadow Ridge (the "Plat").
This memorandum supersedes our previous memorandum dated July 7, 2006. Based
upon our review of the documents noted above and pursuant to the Land Development Code, we
have the following comments:
1. The Title Opinion and Note No. 15 on the Cover Sheet of the Plat indicate that
Tract I is subject to a Conservation Easement in favor of SJRWMD. The Final Subdivision Plan
for the property provides that a Conservation and Drainage Easement over Tract I will be granted
in favor of the City. City Staff should evaluate the recorded Conservation Easement in favor of
SJRWMD and advise whether it prohibits or interferes with the City's contemplated use of Tract
I. In addition, City Staff should advise as to what type of drainage is contemplated within Tract
I.
2. We note that the Title Opinion lists a Declaration of Easements as affecting the
Property. This document references several easements over the Property in favor of Maguire
Roberson, LLC. Please be advised that Section 177.091(16), Florida Statutes, requires that the
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"location and width of. . . existing easements identified in the title opinion or certification required
by s. 177.041(2) shall be shown on the plat or in the notes or legend, and their intended use shall
be clearly stated." Please revise the Plat to comply with this requirement. In addition, please
revise the Survey to show all easements capable of being plotted.
3. Please be advised that the Non-Exclusive Temporary Drainage Easement
Agreement listed as Item No. 3(a) on the Title Opinion contemplates that a permanent easement
in favor of the City to discharge into the subdivision's stormwater management system the
strormwater from Seventh Avenue will be granted on the Plat. Accordingly, please add the
following Note to the Cover Sheet ofthe Plat:
A drainage easement over the private storm drainage system to and
including Tracts B, C, D and I, as shown on this plat, is hereby
dedicated to the City of Ocoee for the purpose of accepting
stormwater discharge from Seventh Avenue. The drainage
easement granted above does not impose any obligation, burden,
responsibility or liability upon the City of Ocoee to enter upon the
subject property and take any action to repair or maintain the
private drainage system.
4. Please revise Note No. 6 on the Cover Sheet of the Plat to reflect that the
Common Areas will be owned by the homeowners association, and not the "Owner."
5. Please revise the "Certification of Surveyor" to include the surveyor's address.
6. Please provide for our review copies of the Articles of Incorporation and Bylaws
for the homeowners association.
7. Please be advised that the Traffic Agreement will need to be executed by the
homeowners association, and not the Developer. The City's form Traffic Agreement is attached
hereto. The executed Traffic Agreement should be submitted to the City with the signed mylar.
8. Please be advised that the Lien Settlement Statement will need to be updated
within 30 days prior to recording of the Plat.
If you have any questions regarding this matter, please do not hesitate to call.
cc: Paul E. Rosenthal, City Attorney
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ATTORNEYS AT LAW
MEMORANDUM
CLIENT-MATTER NUMBER
020Sn -0778
TO:
Ryan Howard, Engineering Department
FROM:
Nicholas N. Palmer, Assistant City Attorney
DATE:
July 7, 2006
RE:
Meadow Ridge - Plat
Project No.: LS-2005-011
(First Round Comments)
In connection with the above-referenced project, we have reviewed the following
documents:
1. Letter from Pulte Homes dated March 24, 2006 transmitting the proposed
Meadow Ridge of Orange County Homeowners Association, Inc.
Declaration of Covenants, Conditions and Restrictions (the
"Declaration"), Articles of Incorporation and By-Laws, and 2006
Proposed Operating Budget with Mandatory Reserves;
2. Special Warranty Deed from Pulte Home Corporation in favor of the City
of Ocoee conveying Tracts "I", "L" and "P", Meadow Ridge (the "City
Deed") and DR-219;
3. Title Certification from Shutts & Bowen LLP dated May 10,2006, with an
effective date of April 6, 2006 (the "Title Opinion");
4. Boundary Survey prepared by Donald W. McIntosh Associates, Inc. (the
"Survey"); and
5. Plat of Meadow Ridge (the "Plat").
Based upon our review of the documents noted above and pursuant to the Land
Development Code, we have the following comments:
1. Please revise the Title Opinion to show the payment status of all property taxes.
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2. Please provide for our review copies of all documents referenced in the Title
Opinion. We may have further comments based on our review of these documents.
3. Please revise the Dedication Block to read:
MEADOW RIDGE
DEDICA nON
KNOW ALL MEN BY THESE PRESENTS, that the
corporation named below, being the owner in fee simple of the
lands described in the foregoing caption to this plat, hereby
dedicates said lands and plat for the uses and purposes herein
expressed. No part of said lands, except as noted herein, is
dedicated to the City of Ocoee, Orange County or to the public.
IN WITNESS WHEREOF, the undersigned has caused these
presents to be signed and attested to by the officers named below
and its corporate seal to be affixed hereto on
Please include the restrictions and reservations relating to the Common Areas,
Declaration, and various easements found in the Dedication Block as Notes on the Cover Sheet
of the Plat and not in the Dedication Block.
4. Please replace the "Qualification Statement of Surveyor and Mapper" with the
following Certificate of Surveyor:
CERTIFICATE OF SURVEYOR
KNOW ALL MEN BY THESE PRESENTS, that the
undersigned, being a licensed and registered land surveyor, does
hereby certify that on , he
completed the survey of the lands as shown in the foregoing plat or
plan; that said plat is a correct representation of the lands therein
described and platted or subdivided; that permanent reference
monuments have been placed or shown thereon as required by
Chapter 177, Florida Statutes; and that said land is located in
County, Florida.
Date:
Registration No.
Address:
Certificate of Authorization No.:
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5. Pursuant to Condition of Approval No. 49 on the Final Subdivision Plan for the
property, please revise Note Nos. 4 and 5 on the Cover Sheet ofthe Plat to replace "utility
easement" with "utility and drainage easement."
6. Note No. 15 on the Cover Sheet of the Plat indicates that Tract I will be owned
and maintained by the City. This is inconsistent with the Final Subdivision Plan for the property
which provides that Tract I will be owned and maintained by the homeowners association.
Please revise Note No. 15 to account for the correct ownership of Tract I, consistent with the
Final Subdivision Plan for the property. Please be advised that we will provide a draft
conservation easement for Tract I with our future comments. To the extent the City has agreed
to own Tract I, please so advise.
7. Please revise Note No. 19 to add the words "granted herein" immediately after
"Utility Easements."
8. Please revise Note No. 20 to add the words "granted herein" immediately after
"Drainage Easements."
9. Please add the following Notes to the Cover Sheet of the Plat:
a. All walls, fences, sidewalks and landscaping within all drainage
easements, utility easements, and wall, landscape and/or sidewalk easements will be
maintained by the Meadow Ridge of Orange County Homeowners Association, Inc.,
except that all grass and landscaping on the house side of any fence or wall within these
easements will be maintained by the individual Lot owner. The land burdened by these
easements shall be owned by the individual Lot owners.
b. All access rights to Maguire Road, Moore Road, Seventh Avenue, Sixth
A venue and the road leading to Thornebrook Elementary School are dedicated to the City
except as shown hereon.
City Staff should advise if any other Notes should be added to the Plat.
10. Please note that Sheet 2 of the Plat has two (2) references to "Detail A," one
reference being within Lot 140 and one reference located below Tract A. It appears that the
Detail A drawing on Sheet 2 is related to the reference within Lot 140. There does not appear to
be a detail drawing related to the reference located below Tract A. Please revise the Plat so there
is a distinct detail drawing for each detail reference on the Plat. Also, each detail drawing should
be referenced by a different detail letter.
11. Please revise Sections 10(t) and 10(h) of the Declaration to add the words "and
the City ofOcoee" immediately after "SJRWMD."
12. Please be advised that all tracts being conveyed to the homeowners association or
Orange County must be conveyed by warranty deed. Please provide for our review draft copies
of the deeds in favor of the homeowners association and Orange County and appropriate DR-2l9
forms.
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If you have any questions regarding this matter, please do not hesitate to call.
cc: Paul E. Rosenthal, City Attorney
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