HomeMy WebLinkAboutVI(A2) Ordinance No. 99-14, Devon Cove, Annexation, Case No. AR-98-12-15DATE:
TO:
FROM:
Agenda 4-06-99
Item VIA 2& 2 a
Agenda 3-16-99
Item VII A 2
"CENTER OF GOOD LIVING - PRIDE OF WEST OR,4NGE"
MAYOR • COMMISSIONER
S. SCOTT VANDERGRIFT
CITY OF O`COEE
COMMISSIONERS
DANNY HOWELL
150 N. LAKESHORE DRIVE
SCOTT ANDERSON
OCOEE,FLORIDA 34761-2258
SCOTT A. GLASS
(407) 656-2322
NANCY J. PARKER
t
CITY MANAGER
ELLIS SHAPIRO
STAFF REPORT
March 1.1, 1999
The Honorable Mayor and City Commissioners
Brad Friel, AICP, Capital Projects'/ Transportation Planner -
THROUGH: Russ Wagner, AICP, Director of Planning
SUBJECT: Devon Cove Annexation
Ordinance Number 99-14
Case Number AR -98-12-15
ISSUE:
Should the Mayor and City Commissioners adopt Ordinance, Number 99-14 to annex the above
referenced property?
BACKGROUND:
The subject property is located approximately 150 feet southwest of -the intersection of Prairie
Lake Boulevard and Log Run Court. The 5.0 acre parcel is vacant. The development potential
for this property is approximately 10 single family homes.
Prior to recent action that was taken by Orange County and the City of Ocoee to amend the.
Joint Planning Area Land Use Map, the -subject property was not included within the JPA. As
such, the property was not included on Ocoee's Future Land Use . Map. Accordingly, a
companion Small Scale Comprehensive Plan Amendment is also being processed to change
the boundaries of Ocoee's Future Land Use Map to include the approximately 5 acre parcel and
establish a Low Density Residential classification. The applicant has also requested an Ocoee
zoning classification of R1 -A, which would be consistent with the above referenced land use
designations.
Since Orange County and the City of Ocoee have already amended the Joint Planning Area
Agreement, the subject property ris . now located within the Ocoee -Orange County Joint
Planning Area (JPA), .and it abuts the Ocoee City limits on three sides.: 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. We have notified Orange County
Planning Staff of the Annexation Petition and they have no objections. Accordingly, the
Page 2,
The Honorable Mayor and City Commissioners
Devon Cove Annexation
requested annexation is consistent with the JPA Agreement, State annexation criteria, and the
standards established by the City.
DISCUSSION:
Staff has completed the attached Annexation Feasibility & Public Facilities Analysis. We have
determined that the City can _adequately provide a full range of urban services to the subject
property, pending certain infrastructure improvements. As with all new developments in Ocoee,
the developer may be required to make certain improvements before subdivision approval, as
appropriate.
Typically, an Annexation agreement is required as part of the annexation approval process to
address right-of-way and/or utility issues. This project also includes an Annexation Agreement,
which is_ attached. This agreement addresses the City's requirement that the applicant provide
a local roadway connection ( stub -out) to the property adjacent to the western boundary of the
subject property. Staff believes that the western connection could be accommodated without
adversely affecting the proposed subdivision, while ensuring that the adjoining property will not
be landlocked.
DEVELOPMENT REVIEW'COMMITTEE MEETING:
On January 6, 1999, the Development Review Committee (DRC) met to consider the Devon
Cove Annexation request. After considerable discussion, Staff unanimously recommended that
the Planning and Zoning Commission recommend approval of the requested annexation with
two conditions:
1. Approval subject to the City Commission approving the Joint Planning Area Agreement.
(this item is complete)
2. Approval subject to an annexation agreement be entered into which requires an access
from the subject property to the property adjoining to the west.
PLANNING AND ZONING COMMISSION
On March 9, 1999, the Planning and Zoning Commission held a public hearing regarding the
requested annexation. Several of the surrounding property owners attended the public hearing.
Concerns raised by the property owners included drainage for the site and increased traffic
volumes and speeds on Prairie Lake Boulevard. After a brief discussion and after assurances
by staff that these issues would be addressed during the subdivision review process, the
Planning and Zoning Commission voted unanimously to recommend that the Mayor and. City
Commissioners annex the property as recommended by Staff.
STAFF RECOMMENDATION:
Based on the forgoing analysis and the Planning and
staff respectfully recommends that the Mayor and
Number 99-14 to annex the Devon Cove property in
approval of the Annexation Agreement.
Attachments: Ordinance Number 99-14
Annexation Feasibility & Public Facilities Analysis
Anne, cation Agreement
Zoning Commission recommendation,
City Commissioners adopt Ordinance
Case Number AR -98-12-15, subject to
ORDINANCE NO. 99-16
CASE NO. AR -98-12-15: DEVON COVE
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM ORANGE COUNTY, "R-1AAA",
RESIDENTIAL. URBAN DISTRICT TO OCOEE "R -1A", SINGLE FAMILY
DWELLING DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 5.0 ACRES LOCATED APPROXIMATELY 150 FEET
SOUTHWEST OF THE INTERSECTION OF PRAIRIE LAKE BOULEVARD
AND LOG RUN COURT PURSUANT -TO THE APPLICATION SUBMITTED BY
THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT
WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE,
AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP;
REPEALING- INCONSISTENT ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission"), has as of the date of adoption of .this Ordinance, annexed into the corporate
limits of the City of Ocoee, Florida certain real property now located in the City of. Ocoee,
Orange County, Florida as hereinafter described; and
WHEREAS, the owner or owners (the "Applicant") of certain real property located within
the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an
application to the City Commission to rezone and establish an initial zoning classification for
said real property of Ocoee, "R -1A", Single Family Dwelling District; and
WHEREAS, pursuant to Section 5-9(B) of Article V of Chapter 180 of the Code of
Ordinances of the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed
said application and determined that the Initial Zoning requested by the Applicant is consistent
with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted
September 18, 1991, as amended (the "Ocoee Comprehensive Plan"), subject to a
Comprehensias-
amended
Plan Amendment adopting a Future Land Use designation of Low Density
Residential, (the "Comprehensive Plan Amendment'), becoming effective; and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into, a
Joint Planning Area Agreement, which has been amended from time to time, (the "JPA
Agreement'); and
WHEREAS, the JPA Agreement affects the future land use of the real property
hereinafter described; and
WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City
has the authority to establish an initial zoning for the lands herein described and to immediately
exercise municipal jurisdiction over such lands for the purposes of Part Il of Chapter 163,
Florida Statutes; and
WHEREAS, said Initial Zoning application was scheduled for study and
recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the
"Planning and Zoning Commission"); and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
reviewed said Initial Zoning application for consistency with the Ocoee Comprehensive Plan
and the JPA Agreement and determined that the Initial Zoning requested by the Applicant is
consistent with the Ocoee Comprehensive Plan subject to the Comprehensive Plan
Amendment becoming effective and the JPA Agreement and is in the best interest of the City
and has recommended to the Ocoee City Commission that the zoning classification of said real
property be Ocoee, "R -1A" Single Family Dwelling District, as requested by the Applicant, and
that the Ocoee City. Commission find that the Initial Zoning requested by the Applicant is
consistent with the Ocoee Comprehensive Plan and the JPA Agreement; and
WHEREAS, the Ocoee City Commission has held a de novo public hearing with official
notice thereof and with respect to proposed Initial Zoning of said real property; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes.
NOW, THEREFORE, BE IT .ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida, and Chapters 163
and 166, Florida. Statutes.
SECTION 2. INITIAL ZONING. The zoning classification, as defined in the Ocoee City
Code, of the following described parcel of land containing approximately 5.0 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange
County, "R-1AAA" Residential Urban District, to Ocoee, "R -1A" Single Family Dwelling District.
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION)
ATTACHED HERETO AND BY THIS.REFERENCE MADE A PART HEREOF.
SECTION 3. MAP. A map of said land herein described which clearly shows the area of
Initial Zoning is attached hereto as EXHIBIT "B" and by this reference is made a part hereof.
SECTION 4. COMPREHENSIVE PLAN AND JPA ' CONSISTENCY. The Ocoee City
Commission hereby finds the Initial Zoning of the lands described in this Ordinance to be
consistent with the Ocoee Comprehensive Plan, subject to the Comprehensive Plan
Amendment becoming effective, and the JPA Agreement.
SECTION 5. OFFICIAL ZONING MAP. The City Clerk is hereby authorized and
directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Initial
Zoning amendment enacted by this Ordinance and the Mayor and City Clerk are hereby
authorized to execute said revised Official Zoning Map in accordance with the provisions of
Section 5-1(G) of Article V of Chapter 180 of the Ocoee City Code.
SECTION 6. INCONSISTENT ORDINANCES. All ordinances or parts of ordinances in
conflict herewith are hereby repealed and rescinded.
SECTION 7. SEVERABILITY. 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 8. EFFECTIVE DATE. This Ordinance shall take effect when the
Comprehensive Plan Amendment (Case No. SSCPA 99-001) adopted as, Ordinance No. 99-
15, becomes effective.
PASSED AND ADOPTED this
ATTEST:
Jean Grafton, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY -
this day of 11999.
FOLEY & LARDNER
By:
City Attorney
day of
1999.
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED MARCH 25, 1999
READ FIRST TIME MARCH 16, 1999
READ SECOND TIME AND ADOPTED
UNDER AGENDA ITEM NO.
LEGAL DESCRIPTION
Parcel 10-22-28-0000-00074
The West 1/8 of the Southeast'/ of the Northwest % of Section 10, Township 22
South, Range 28 East, Orange County, Florida lying North of the Seaboard
Coastline Railroad and Florida Central Railroad.
Parcel 10-22-28-0000-00128
The East Y2 of the West 1/4 of the Southeast'/4 of the Northwest % of Section 10,
Township 22 South, Range 28 East, Orange County_, Florida Iying.North of the
Seaboard Coastline Railroad and Florida Central Railroad.
Exhibit "A"
Devon Cove Location Map
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Property
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Legend:
0 Subject Property
Ai/ Ocoee - Orange County Joint Planning Area
Ocoee City Limits
Orange County parcels - outside Ocoee
Ocoee Utility Service Boundary
Roads
Lakes
City of Ocoee Planning Department
Annexation Feasibility & Public Facilities Analysis
Date: February 4, 1999
Case Number: AR -98-12-15
Devon Cove Annexation
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:
Horne
A. Applicant(s): The Midland Group, Inc., 6529 Aladdin Drive, Orlando, Florida 32818
Contact Phone #: 407-521-7163
B. Property Location:
1. Parcels: 10-22-28-0000-00-074: 10-22-28-0000-00-128: and 03-22-28-2834-01-201
2. Directions: Approximately 300 feet southwest of the intersection of Log Run
Court. and Prairie Lake Boulevard.
3. Size: 5.0 +/- acres
C. Use Characteristics:
1. Proposed Residential Units: 10 homes.
2. Projected Population: 30 people.
3. Existing Use: vacant.
4. Proposed Use: Single family. homes
D. Zoning Classifications and Future Land Use (FLU) Designations:
1. Orange County Zoning Classification: R-1AAA, Residential Urban District
2. Orange County FLU Designation: 1 dwelling unit per acre but CPP policy allows 2 dua
3. Requested City of Ocoee Zoning Classification:. R -IA, Single Family Dwelling District
4. Proposed City of Ocoee FLU Designation: Low Density Residential (< 4 d.u.a.)
5. Consistent With: Comp Plan?? Yes. JPA??.No.
6. Comp Plan Amendment Required? Yes. When? Jan/ Feb 99
II. Fire Department:
Chief Strosnider
A. Estimated Response Time: One to two minutes.
B. Distance Traveled (to property): Less than a quarter mile.
C. Nearest Fire Hydrant: 450 feet south on Prairie Lake Blvd.
D. Fire Flow Requirements: To be determined.
Ili. Police Department:
Chief Mark
A. Estimated Response Time: Four to five minutes.
B. Distance Traveled (to property): Three and a half miles.
C. Police Patrol Zone: North.
■ -Page 1 - ■
City of Ocoee Planning Department
Annexation Feasibility & Public Facilities Analysis
Date: February 4, 1999 Case Number: AR -98-12-15
Devon Cove Annexation
IV. Finances:
A. Theoretical Assessed Value: 1,000,000 (theoretically 10$100,000.00 single family homes.)
B. Estimated City of Ocoee Ad Valorem Tax Revenue: $4,000.00
C. Anticipated Licenses & Permits: $55,000.00
D. Total Projected Revenues: $59,000.00
V. Utilities:
A. Potable Water Issues:
1.
In Ocoee Service Area?
Yes.
2.
Distance to Nearest Line?
Water line is along Prairie Lake Boulevard.
3.
Size of Water Main?
16 inches.
4.
Est'd Water Demand (300 gpd per
ERU)? 3,000 qpd
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?
None in this vicinity.
3.
Size of Sewer Main?
None.
4.
Est'd Sewer Demand (270 gpd per ERU)? 2.700 qpd
5.
Can City Service this -Property?
-Yes.
6.
Extension Needed?
Yes.
7.
Developer Agreement Needed?
Yes.
C. Other Utility Issues:
Horne
Shira
Bob Smith
1. Utility Easement Needed? Possibly, as part of the subdivision approval process
2. Private Lift Station Site Needed? No.
3. Well Protection Area Needed? None.
4. Other Comments: None.
■-Page2- ■
City of Ocoee Planning Department
Annexation Feasibility & Public Facilities Analysis
Date: February 4, 1999_
VI. Transportation:
Case Number: AR -98-12-15
Devon Cove Annexation
A. Paved Access to Property? No.
Describe: Needs access off of Prairie Lake Boulevard to proposed annexation land.
B. ROW Dedication? Yes, internal subdivision roads.
Specify: Meet City of Ocoee standards for roadway width, design, etc.
C. Traffic Study: Possibly required as part of subdivision approval process.
D. Traffic Zone:
E. Other Traffic Improvements Needed: No.
Friel
VII. Preliminary Concurrency Evaluation: Friel
A. Transportation: At the time of the analysis, sufficient roadway capacity existed to
accommodate the proposed annexation. �This765ndition'`maY ohange and will be subject to an
official concurrency evaluation during the subdivision plan approval process.
B. Parks/Recreation: At the -time of the analysis, sufficient park capacity existed to
accommodate the proposed annexation.,-This7cordition:m.ay ch na qe and will be subject to an
official concurrency evaluation during the subdivision plan approval process.
C. Sewer/Water Capacity: At the time of the analysis, sufficient sewer and water capacity
existed to accommodate the proposed annexation. 1Thin-condition-7may-=-chan.ge and will be
subject to an official concurrency evaluation during the subdivision plan approval process.
D. Stormwater: The applicant will be required to handle stormwater retention on-site.
E. Solid Waste: At the time of the analysis, sufficient solid waste disposal capacity existed to
F. Potential Impact Fees: The following fees are given for illustrative purposes only and are
based on 10 theoretical 2,000 square foot homes. Actual impact fees will be calculated during
the subdivision plan approval process.
1. Water: $9,660.00 5. Police: $13,950.00
2. Sewer: N/A - on septic. 6. Fire: $1,720.00
3. Irrigation: $9,660.00 7. Recreation: $2,220.00
47 `Tr=affic:_
E. Other Issues: None.
Vlll. Building Department: Flippen/ Harper
A. Anticipated Licenses & Permits: $55,000.00
B. Within 100 year flood plain: No.
1X. Specify Other Comments & Considerations Below:
None.
P:\AHORNEkALL—DATA\ANX-REZ\Active\DevonCoveAX\ANFDevon.doc
■ - Page 3 - ■
THIS INSTRUMENT PREPARED BY:
Martha H. Formella, Esq.
FOLEY & LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
AFTER RECORDING RETURN TO:
Jean Grafton, City Clerk
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee, Florida 34761
Case No.: AR -98-12-15: Devon Cove
ANNEXATION AGREEMENT
[Roadway Connection]
THIS ANNEXATION AGREEMENT (this "Agreement") is made this day of
, 1999, by and between the CITY OF OCOEE, a Florida municipal
corporation (hereinafter referred to as the "City"), whose mailing address is 150 North
Lakeshore Drive, Ocoee, Florida 34761, and THE AMLAND GROUP, INC. (hereinafter
collectively referred to as the "Owner"), whose mailing address is 6529 Aladdin Drive,
Orlando, Florida 32818.
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 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
WHEREAS, the City has required that the Owner execute this Agreement as a
condition precedent to the consideration of the Petition by the Ocoee City Commission; and
WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and
found the proposed annexation to be consistent with the Ocoee Comprehensive Plan and the
JPA Agreement and to represent a minimal fiscal and level of service impact on the City; 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 proper traffic
circulation in the vicinity of the Property in accordance with the Ocoee Comprehensive Plan;
and
WHEREAS, the City has determined that, subject to the terms, conditions and
limitations hereinafter set forth, it is feasible to extend municipal services to the Property on
the same terms and conditions afforded to all property owners within the City except to the
extent set forth in this Agreement; and
WHEREAS, the City has conducted an Annexation Feasibility & Public Facilities
Analysis with respect to the annexation of the Property and determined that this Agreement
and the annexation of the Property is consistent with the,goals, objectives and policies of the
Ocoee Comprehensive Plan.
NOW, THEREFORE, in consideration of the mutual premises hereof, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
SECTION I. RECITALS. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. ROADWAY CONNECTION. The Final Subdivision Plan and Plat
for the Property shall provide for a local roadway connection through the Property for the
benefit of certain land adjacent to the western boundary of the Property.
SECTION 3. ANNEXATION OF THE PROPERTY. Prior to the execution of
this Agreement by the City, the Ocoee City Commission has adopted Ordinance No. 99- J L/
for Case No. AR -98-12-15, thereby redefining the corporate territorial limits of the City to
include the Property.
SECTION 4. NOTICE: PROPER FORM. Any notices required or allowed to be
delivered shall be in writing and be deemed to be delivered (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: The Midland Group, Inc.
Attn: Lee Marshall, President
6529 Aladdin Drive
Orlando, Florida 32818
-9-
CITY: City of Ocoee
Attn: City Manager
150 North Lakeshore Drive
Ocoee, Florida 34761
SECTION 5. NOTICES; DEFAULT. Each of the parties hereto shall give the
other party written notice of any defaulthereunder and shall allow the defaulting party thirty
(30) days from the date of its receipt of such notice within_ which to cure any such defaults or
to commence and thereafter diligently pursue to completion good faith efforts to effect such
cure and to thereafter notify the other parties of the actual cure of any such defaults. This
Agreement is enforceable at law or in equity by the non -defaulting party, including, but not
limited to the right of specific performance.
SECTION 6: BINDING AGREEMENT ON SUCCESSORS. This Agreement
shall be binding upon and shall inure to the benefit of the Owner, the City, and their
respective successors and assigns and shall run with the land.
SECTION 7. RECORDATION. The parties hereto agree that this Agreement
shall be recorded in the Public Records of Orange County, Florida, at the expense of the
Owner.
SECTION 8. APPLICABLE LAW. This Agreement and the provisions
contained herein shall be construed, controlled, and interpreted according to the laws of the
State of Florida.
SECTION 9. SEVERABILITY: 'If any part of this Agreement is found invalid or
unenforceable by any court, such .invalidity or unenforceability shall not affect the other part
of this Agreement if the rights and obligations of the parties contained therein are not
materially prejudiced and if the intentions of the parties can continue to be effected.
SECTION 10. RECOVERY OF ATTORNEYS' COSTS AND FEES. In
connection with any litigation between, the City and the Owner, including appellate
proceedings arising out of this Agreement or the violation of any law, rule, regulation;
ordinance, resolution, ' or permit, the prevailing party shall be entitled to recover from the
other party reasonable attorneys' fees, paralegal fees, and costs hereunder, whether incurred
prior to, during or subsequent to such court proceedings, on appeal or during any bankruptcy
proceedings.
SECTION 11. ENTIRE AGREEMENT. This instrument and its exhibits
constitute the entire Agreement between the parties and supersedes all previous discussions,
understandings, and agreements between the parties relating to the subject matter of this
Agreement: Amendments to and waivers of the provisions herein shall be made by the parties
in writing by formal amendment which shall be recorded in the Public Records of Orange
County; Florida at the Owner's expense.
-3-
SECTION 12. 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 13. 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 -
Signed, sealed and delivered
in the presence of:
Signature
Print/Type Name
Signature
Print/Type Name
FOR USE- AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY this day of ,
1999.
FOLEY & LARDNER
City Attorney
-Q-
"CITY"
CITY OF OCOEE, a Florida municipal
corporation
Attest;
S. Scott Vandergrift, Mayor
Jean Grafton, City Clerk
(SEAL)
APPROVED BY THE OCOEE CITY
COMNIISSION AT A MEETING HELD
ON , 1999 UNDER AGENDA
ITEM NO.
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgements, personally appeared
S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the
Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal
corporation, and that they severally acknowledged executing the same on behalf of said
municipality in the presence of two subscribing witnesses freely and voluntarily under
authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 1999.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
-5-
IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed
the /41; day of �J%,�1 . , 1999.
Signed, sealed and delivered
in the presence of:
Print/Type Name
STATE OF rIn,-, CIA
COUNTY OF DrCt
"OWNER"
THE MIDLAND GROUP, INC.,
a Ft -o2 � >-:> ,A corporation
N� e:
Title: Q e ES \ c> c
(CORPORATE SEAL)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgements, personally appeared
Lem Mars�A�l as d-en4 of
—rhe (Nl + d Q KA -)roup , T� a F Ior+ 60- corporation, who [ ] is
personally known to me or [ v]' produced F LUI.�- � 6 a-���- S-1-� as
identification; and thacge- he acknowledged executing the foregoing instrument on behalf of
said corporation, in the pLesence of two subscribing witnesses, freely and voluntarily under
authority duly vested inim her, and that the seal affixed hereto is the true corporate seal of
said corporation.
WITNESS my hand and official seal in the Count and S t last aforesaid this
day of Mq rc , 1999.
Signa re of No
Name of Notary (Typed, Printed or Stamped)
Sherry Seaver Commission Number (if not legible on seal):
My Commission CC599817 My Commission Expires (if not legible on seal):
Expires February Al 2001
EXHIBIT "A"
The Property
[ To Be Provided By City Or Owner ]
LEGAL DESCRIPTION
10-22-28=0000-00128
E2 of W4 of SE4 of N1Wj lying N of SCL RR
Or B&P 4791/3016, on 09-02-94; Inst 'AID
10-22-28-0000-00074
W1/8 of SE1/4 of NW1/4 L;;°ir_g 3i of SCT. PR
Or B&P 4402/3102,On 04-166-92 Inst 'QC
JOINDER, CONSENT, AND SUBORDINATION
The undersigned hereby certifies that C: kIf=, Pti 4 V-1. is the
holder of a mortgage, lien or other encumbrance upon a portion of the ,above described
property, and that the undersigned hereby joins in and consents to the foregoing instrument by
the owner thereof and agrees that the mortgage, lien or other encumbrance by
�- 6 e in favor of
in the original principal amount of
$ v , which is recorded in Official Records Book 3e+?., Page %Z3 , all of
the Public Records of Orange County of Florida, shall be subordinated' to the foregoing
instrument.
IN WITNESS WHEREOF, the undersigned has caused this Joinder, Consent and
Subordination to be duly executed by its authorized officer or representative thisl__�ay of
19V.
Signed, sealed and delivered
in the presence of:
Signature
Marieta C. Victa
r Type me
a e
Lisa M. Ianniello
Print/Type Name
"OWNER"
Citrus Bank
a a Florida Banking Corporation
By:
Name: Harold W. Stone
Title: Senior Vice -Pres.
nn� ti.1p7C� 1 _Q�
(CORPORATE SEAL)
STATE OF 6100 -I Wa ,, )
COUNTY OF iPP-A 1(5L )
THIS IS TO CERTIFY that on thisAi day of ,(/&,,-r4 ,' 1991,
before me, an officer duly authorized to take acknowledgements in the State and County
aforesaid personally appeared o as
,who Nis personally
of C ��iz
known to me or [ ] produced as identification, and that he/she
ackndw)edged ec t3.ng the foregoing instrument on behalf of said
,�- in the presence of two subscribing witnesses, freely and
voluntarily under authority duly vested in him/her.
IN WITNESS WHEREOF, I have hereunto set my han and seal on above date.
oti�Rr p�or�
��Vffotary
+ � o LISA M IAK-1 a O
MY C0trani82;M CC494M
Expires Cd. 28, 1 M
0
Name of Notary. (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
52
The Orlando Sentinel, Thursday, March 25, 1999
CITY OF OCOEE
NOTICE OF
PUBLC HEARING
TO CONSIDER ADOPTION
OF A PROPOSED
INITIAL ZONING ORDINANCE
CASE . NO. AR -98-12-15: ' DEVON
COVE -'
NOTICE IS HEREBY GIVEN pursuant
to Section 166.041, Florida Statutes,
and Sections 1-10 and 5.9, Ocoee Land
Development Code, that on Tuesday,
April 8, 1999 at 7:15 p.m_ or as soon
Thereafter as practical, the Ocoee City
Commission will hold a Public Hearing
at the City Commission Chambers, 150
North Lakeshore Drive, Ocoee, Florida,
to consider on the second of two read-
ings the adoption of the following ordi-
nance:
AN ORDINANCE OF THE CITY OF
OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM
ORANGE COUNTY,-R-1AAA', Resi-
dential Urban District to OCOEE 'R -
1A', Single Family Dwelling District,
ON CERTAIN REAL PROPERTY CON-
TAINING APPROXIMATELY, 5:0
ACRES LOCATED approximately 150
feet southwest of the Intersection of
Prairie Lake Boulevard and Log Run
Court PURSUANT TO THE APPLICA-
TION SUBMITTED BY THE PROPER-
TY OWNERS; FINDING SUCH ZON-
ING TO BE CONSISTENT WITH THE
OCOEE COMPREHENSIVE. PLAN,
THE OCOEE CITY CODE, AND THE
JOINT 'PLANNING AREA, AGREE-
MENT; PROVIDING FOR AND AU-
THORIZING THERE VISION OF THE
OFFICIAL CITY'ZONING MAP; RE-
PEALING INCONSISTENT 'ORDI-
NANCES; PROVIDING FOR SEVER-
ABILITY; PROVIDING'.FOR `AN
EFFECTIVE DATE.
The City Commission may continue the
public hearing to other dates and times
as they deem necessary. Any interested
party shall be advised that the dates,
times, and plates of any continuation of
this or continued public hearings shall,
be announced during the hearing and
that no further notices regarding these
matters will be published.
interested parties may appear at the
meeting and be heard regarding the
proposed initial zoning ordmarice. A
copy of the proposed ordinance may
beinspected at the Ocoee Planning De-
partment, 150 North Lakeshore Drive,-
between the hours of'8:00 a.m. and
5:00 p.m., Monday through Friday, ex-
cept legal holidays. Any person who
desires to appeal any decision made
during the public hearing will need a re-
cord of the proceeding and for this pur
pose may need to ensure that a verba-
.m
of the proceedings is made
which includes the testimony and, evi-
dence upon which the appeal is based.'
Persons with disabilities'needing assis-
tance to' participate in any of the pro-
ceedings should contact the City
Clerk's Office 48 hours in advance of
the meeting at (407) 656-2322.
JEAN GRAFTON,
CITY CLERK, -
CITY OF OCOEE