HomeMy WebLinkAboutVI (E3d) Second Reading of Ordinances: Wood; Annexation Agreement Agenda 3-07-2000
Item VI E 3d
FOLEY & LARDNER
ATTORNEYS AT LAW
CHICAGO POST OFFICE BOX 2 193 SACRAMENTO
DENVER ORLANDO, FLORIDA 32802-2 193 SAN DIEGO
JACKSONVILLE III NORTH ORANGE AVENUE, SUITE 1800 SAN FRANCISCO
LOS ANGELES ORLANDO, FLORIDA 3280I-2386 TALLAHASSEE
MADISON TELEPHONE: (407) 423-7656 TAMPA
MILWAUKEE FACSIMILE: (407) 648-1743 WASHINGTON, D.C.
ORLANDO WEST PALM BEACH
WRITER'S DIRECT LINE
EMAIL ADDRESS (407) 244 3261 CLIENT/MATTER NUMBER
mformella@foleylaw.corn 020377-0480
MEMORANDUM
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Martha H. Formella, Esq., Assistant City Attorney 144
DATE: February 15, 2000
RE: Annexation Agreement - Case No. AR-99-11-02:Wood
ISSUE:
Whether the City Commission should approve the proposed Annexation Agreement.
DISCUSSION:
The owner of approximately 1.02 acres of property located on the west side of Ocoee-
Apopka Road north of Palm Drive ("Property") has petitioned the City for annexation and
requested an initial zoning of C-3, General Commercial District. The City has required that
the current owner of the Property execute an Annexation Agreement in connection with the
approval of the annexation. The Annexation Agreement will be binding on the current owner
as well as any subsequent purchaser. The highlights of the Annexation Agreement are as
follows:
Conveyance of Right-of-Way to the City - the owner(s) shall dedicate and
convey to the City a twenty (20) foot wide strip of property along Ocoee-
Apopka Road ("Right-of-Way Land") within sixty (60) days following receipt
of written notice from the City but in no event later than approval of a plat or
Final Site Plan; no person or entity shall be entitled to compensation or impact
fee credits in connection with the conveyance of the Right-of-Way Land;
006.170926.1
ESTABLISHED 1 8 4 2
A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN, BRUSSELS,DRESDEN,FRANKFURT,LONDON,SINGAPORE,STOCKHOLM AND STUTTGART
Sewer Service - sewer mains currently are not available in the vicinity of the
Property; the owner(s) shall connect to the sewer system if and when it
becomes available and pay all then applicable charges and fees; if a septic
system exists on the Property at the time sewer service becomes available and
such septic tank system subsequently requires repair or replacement, the then
owner(s) shall property close and abandon the septic tank system at the
owner(s)' expense and connect to the sewer system.
RECOMMENDATION:
It respectfully is recommended that the City Commission approve the Annexation
Agreement and authorize the execution thereof by the Mayor and City Clerk.
Attachment
-2-
006.170926.1
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
RETURN TO:
Jean Grafton, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive For Recording Purposes Only
Ocoee, FL 34761
(407)656-2322
Case No. AR-99-11-02: Wood
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT ("this Agreement") is made and entered into as
of the _ day of , by and between CLIFFORD R. FREEMAN, whose
mailing address is 2088 Highway 212, Monticello, Georgia 31064 (hereinafter referred to as
the "Owner") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing
address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager
(hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the Owner owns fee simple title to certain lands located in Orange
County, Florida, said lands 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 the Joint Planning Area
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
006.166122.1
Joint Planning Area Agreement and to represent a minimal fiscal and level of service impact on
the City, with the exception of adequate right-of-way along Ocoee-Apopka Road located
adjacent to the Property; and
WHEREAS, the City has determined that the execution of this Agreement is essential
to the public health, safety, and welfare and the ability of the City to plan for necessary
infrastructure improvements and the provision of municipal services to the Property in
accordance with the Ocoee Comprehensive Plan; and
WHEREAS, the City has determined that, subject to 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 and 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 premises and other good and valuable
considerations exchanged between the parties hereto, 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 incorporated
herein by this reference.
Section 2. Sewer Service. The Owner acknowledges that sewer mains currently
are not available in the vicinity of the Property. Further, the Owner acknowledges and agrees
that the Owner shall connect to the sewer system if and when it becomes available and pay all
then applicable charges and fees required pursuant to Chapter 173 of the City Code of the City
and any other applicable ordinances, resolutions, laws, and regulations as amended from time
to time. If a septic tank system exists on the Property at the time sewer service becomes
available and such septic tank system subsequently requires repair or replacement, the then
owner of the Property shall properly close and abandon the septic tank system at the then
owner's sole cost and expense in accordance with all applicable laws and regulations and shall
connect to the sewer system in accordance with the provisions of this section.
Section 3. Conveyance of Right-of-Way. Within sixty (60) days following receipt
of written notice from the City requesting the same, but in no event later than the date of
approval of a Final Site Plan or plat for all or a portion of the Property, the Owner shall
dedicate and convey to the City a twenty (20) foot-wide strip of the Property lying adjacent and
contiguous to, and along the entire length of the Property's frontage on the existing right-of-
way for Ocoee-Apopka Road (the "Right-of-Way Property"). The Right-of-Way Property
shall be dedicated and conveyed by the Owner to the City by warranty deed free and clear of
all liens and encumbrances except for those matters acceptable to the City. The form of the
warranty deed shall be subject to the approval of the City. The Owner shall,
contemporaneously with the dedication and conveyance of the Right-of-Way Property to the
-2-
006.166122.1
City, provide to the City, a current attorney's opinion of title, or a current title commitment, to
be followed by a policy of title insurance, evidencing that fee simple title to the Right-of-Way
Property is free and clear of all liens and encumbrances except for those matters acceptable to
the City. The costs and expenses related to the conveyance and dedication of the Right-of-Way
Property including the cost of title work, shall be borne solely by the Owner. Real property
taxes on the Right-of-Way Property shall be prorated as of the day before the City's acceptance
of the dedication and conveyance of the same, and the prorated amount of such real property
taxes attributable to the Owner shall be paid and escrowed by the Owner in accordance with
the provisions of Section 196.295, Florida Statutes. Neither the Owner nor any other person
or entity shall be entitled to any road impact fee credits or other compensation of any kind for,
on account of, or with respect to the required dedication and conveyance of the Right-of-Way
Property to the City.
Section 4. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) when (1) hand
delivered to the other party at the address appearing on the first page of this Agreement, or (ii)
when deposited in the United States Mail, postage prepaid, certified mail, return receipt
requested, addressed to the party at the address appearing on the first page of this Agreement,
or such other person or address as the party shall have specified by written notice to the other
party delivered in accordance herewith.
Section 5. Covenant Running with the Land. This Agreement shall run with the
Property and inure to and be for the benefit of the parties hereto and their respective successors
and assigns and any person, firm, corporation, or entity who may become the successor in
interest to the Property or any portion thereof.
Section 6. Recordation of Agreement. The parties hereto agree that an executed
original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public
Records of Orange County, Florida. The City will, from time to time upon request of the
Owner, execute and deliver letters affirming the status of this Agreement.
Section 7. 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 8. Time of the Essence. Time is hereby declared of the essence to the
lawful performance of the duties and obligations contained in this Agreement.
Section 9. Agreement; Amendment. This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions, understandings and
agreements, with respect to the subject matter hereof. Amendments to and waivers of the
provisions of this Agreement shall be made by the parties only in writing by formal
amendment.
Section 10. Further Documentation. The parties agree that at any time following a
request therefor by the other party, each shall execute and deliver to the other party such
further documents and instruments, in form and substance reasonably necessary to confirm
-3-
006.166122.1
and/or effectuate the obligations of either party hereunder.
Section 11. Specific Performance. Both the City and the Owner shall have the
right to enforce the terms and conditions of this Agreement by an action for specific
performance.
Section 12. Attorneys' Fees. In the event that either party finds it necessary to
commence an action against the other party to enforce any provision of this Agreement or
because of a breach by the other party of any terms hereof, the prevailing party shall be
entitled to recover from the other party its reasonable attorneys' fees, legal assistants' fees and
costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy
proceedings, without regard to whether any legal proceedings are commenced or whether or
not such action is prosecuted to judgment.
Section 13. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original but all of which together shall
constitute one and the same instrument.
Section 14. Captions. Captions of the Sections and Subsections of this Agreement
are for convenience and reference only, and the words contained therein shall in no way be
held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the
provisions of this Agreement.
Section 15. Severability. If any sentence, phrase, paragraph, provision, or portion
of this Agreement 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 hereof.
Section 16. Effective Date. The Effective Date of this Agreement shall be the day
and year first above written.
IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be
executed by their duly authorized officers as of the day and year first above written.
Signed, sealed, and delivered in the OWNER:
presence of:
Clifford R. Freeman
Printed Name:
Printed Name:
-4-
006.166122.1
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared Clifford R.
Freeman, who [ ] is personally known to me or [ ] produced
as identification, and that he acknowledged executing the
same in the presence of two subscribing witnesses, freely and voluntarily, for the uses and
purposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this
day of
f
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-
006.166122.1
CITY:
Signed, sealed, and delivered in the CITY OF OCOEE, FLORIDA
presence of:
By:
S. Scott Vandergrift, Mayor
Printed Name:
Attest:
Jean Grafton, City Clerk
(SEAL)
Printed Name:
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD
Approved as to form and legality this ON UNDER AGENDA ITEM
day of , NO.
FOLEY & LARDNER
By:
City Attorney
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 S. SCOTT
VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City
Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally
acknowledged executing the same 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
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):
006.166122.1 -6-
EXHIBIT "A"
SKETCH OF DESCRIPTION
BEGIN AT A POINT ON THE QUARTER SECTION LINE, 1068.98 FEET SOUTH OF THE NORTH 1/4
CORNER OF SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA;
THENCE CONTINUE SOUTH 224.62 FEET; THENCE RUN S 89'04'55" W 228.00 FEET; THENCE RUtS
NORTH 224.62 FEET; THENCE RUN N 89'04'55" E 228.00 FEET TO THE POINT OF BEGINNING.
LESS 30.00 FEET FOR ROAD RIGHT-OF-WAY.
44,475 SQUARE FEET OR 1.02 ACRES MORE OR LESS
NORTH 1/
4 CORNER
N SEC. 18-T22S-R28E z
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THIS SKETCH IS NOT A BOUNDARY SURVEY.
REVISIONS:
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Copy of Public Hearing Advertisement
Date Published
•
The Orlando Sentinel,Thursday,February 24,2000
Advertisement
CITY OF OCOEE
NOTICE OF PUBUC HEARING
TO CONSIDER ADOPTION OF AN ANNEXATION ORDINANCE
CASE NO.AR-99.11-02:WOOD/ORDINANCE NUMBER 2000-08
NOTICE IS HEREBY GIVEN pursuant to Sections 166.041 and 171.044,Florida Sta-
tutes,and Sections 1-10 and 5-9,Ocoee Land Development Code,that on Tuesday,
March 7,2000,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 readings
adoption of the following ordinance:
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,ANNEXING INTO THE
CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 1.02 ACRES LOCATED ON THE
WEST SIDE OF OCOEE•APOPKA ROAD,NORTH OF PALM DRIVE,PURSUANT
TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING
SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE
PLAN,THE OCOEE CITY CODE,AND THE JOINT PLANNING AREA AGREE-
MENT;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.
Set forth below Is a map showing the area proposed to be annexed:
CITY OF OCOEE, FLORIDA
WOOD ANNEXATION
•
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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 places of any continuation of this or continued public hearings shall be an-
nounced during the hearing and that no further notices regarding these matters will
be published.
A copy of the proposed Ordinance,including a complete legal description by metes
and bounds,may be Inspected at the Ocoee City Clerk's office, 150 North Lake-
shore Drive,between the hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,
except legal holidays.Interested parties may appear at the meeting and be heard
with respect to the proposed Ordinance.Any person who desires to appeal any de-
cision made during the public hearing will need a record of the proceeding end for
this purpose may need to ensure that a verbatim record of the proceeding is made
which Includes the testimony and evidence upon which the appeal is based.Per-
sons with disabilities needing assistance to participate In any of the proceedings
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
Thursday,Febuary 17,2000 and Thursday,February 24,2000
01.53137148 FEB.17,24,2000
Copy of Public Hearing Advertisement
Date Published
•
The Orlando Sentinel,Thursday,February 24,2000
Advertisement
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
TO CONSIDER ADOPTION OF AN
INITIAL ZONING ORDINANCE
CASE NO.AR-99-11-02:WOOD
NOTICE IS HEREBY GIVEN pursuant to
Section 166.041,Florida Statutes,and
Sections 1-10 and 5-9,Ocoee Land De-
velopment Code, that on Tuesday, I
March 7,2000,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 adoption of the following Ordi-
nance:
AN ORDINANCE OF THE CITY OF
OCOEE,FLORIDA,CHANGING THE
ZONING CLASSIFICATION FROM
ORANGE COUNTY A-2,RANCH AND
FARMLAND RURAL DISTRICT, TO
OCOEE C-3, GENERAL COMMER-
CIAL DISTRICT,ON CERTAIN REAL
PROPERTY CONTAINING APPROXI-
MATELY 1.02 ACRES LOCATED ON
THE WEST SIDE OF OCOEE-APOPKA
ROAD,NORTH OF PALM DRIVE,PUR-
SUANT TO THE APPLICATION SUB-
MITTED BY THE PROPERTY OWNER;
FINDING SUCH ZONING TO BE CON-
SISTENT WITH THE OCOEE COM-
PREHENSIVE PLAN, THE OCOEE
CITY CODE,AND THE JOINT PLAN-
NING AREA AGREEMENT;PROVID-
ING FOR AND AUTHORIZING THE
REVISION OF THE OFFICIAL CITY
ZONING MAP; REPEALING INCON-
SISTENT ORDINANCES;PROVIDING
FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
If adopted, the proposed Ordinance
would change the zoning of the proper-
ty o C-3,General Commercial District,
as requested by the property owner.
The City Commission may continue the
public hearing to other dates and times
as they deem ne ceecary.Any interested
party shall be advised that the dates,-
times,and places 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.
A copy of the case file and proposed
Ordinance may be inspected at the
Ocoee Planning Department,150 North
Lakeshore Drive,between the hours of
8:00 a.m. and 5:00 p.m., Monday
through Friday,except legal holidays.
Interested parties may appear at the
meeting and be heard regarding the
proposed Ordinance.Any person who
desires to appeal any decision made
during the public hearing will need a re-
cord of the proceedings and for this
purpose may need to ensure that a ver-
batim record of the proceedings is
made which includes the testimonyand
d ev erice upon which the Annel is
ing assistance to participate in any of
-, the proceedings 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
Thursday,February 24,2000
OLS3153883 FEB.24,2000
Copy of Public Hearing Advertisement
Date Published
The Orlando Sentinel,Thursday, February 24,2000
Advertisement
NOTICE OF CHANGE OF LAND
USE AND NOTICE OF PUBUC
HEARING BY THE OCOEE CITY
COMMISSION TO CONSIDER A
TMALL SCALE AMENDMENT TO
HE OCOEE COMPREHENSIVE
PLAN / CASE NO.:-SSCPA-99-003
(WOOD)
NOTICE IS HEREBY GIVEN,pursuant
to Sections 163.3187(1)(c) and
166.041(3).Florida Statutes,and Sec-
tions 1-8. 1-10,and 5-9,Ocoee Land
Development Code, that the City of 1
Ocoee proposes to adopt the following
ordinance.
AN ORDINANCE OF THE CITY OF
OCOEE, FLORIDA AMENDING THE
OCOEE COMPREHENSIVE PLAN AS
ADOPTED ON SEPTEMBER 18,1991
BY ORDINANCE NO.91-28 AS
AMENDED,AS FOLLOWS:AMEND-
ING FIGURE 2 OF APPENDIX A TO
CHANGE THE FUTURE LAND USE
DESIGNATION FROM HIGH DENSITY
RESIDENTIAL TO COMMERCIAL ON
CERTAIN REAL PROPERTY CON-
TAINING APPROXIMATELY 1.02
ACRES LOCATED WEST OF OCOEE-
APOPKA ROAD, NORTH OF PALM
DRIVE PURSUANT TO THE APPLICA-
TION SUBMITTED BY THE PROPER-
TY OWNER;PROVIDING FOR SEVER•
ABILITY;PROVIDING AN EFFECTIVE
DATE.
On Tuesday, March 7,2000, at 7:15
p.m.,or as soon thereafter as pl,
the CITY OF OCOEE CITY COMMIS-
SION
will hold a PUBLIC HEARING at
the Ocoee City Commission Chambers,
150 North Lakeshore Drive. Ocoee,
Florida. If approved,the Small Scale
Comprehensive Plan Amendment
would change the Future Land Use
designation of the 1.02 acre parcel from
Low Density Residential(LD-4 dwelling
unitsCommercial(Ocoee),(Orange
County)
by
the property owner.
A copy of the proposed Ordinance and
complete case file,including a legal de-
scription, may be inspected at the
Ocoee Planning Department,150 North
Lakeshore Drive, Ocoee. Florida,be-
tween the hours of 8:00 a.m.and 5:00
lem., Monday through Friday, except
gal holidays.
The City Commission may continue the
public hearing to other dates and times
they deem necessary.Any interested
party shall be advised that the dates, •
times,and places of any continuation of
this or continued public hearings shall
be announced during the hearing and
that no further notice regarding these
matters will be published.
Interested parties may appear at the
public hearing and be heard regarding
the proposed Amendment.Any person
wishing to appeal any decision made
• during the public hearing will need a re-
cord of the proceedings and for this
purpose may need to ensure that a ver-
batim record of the proceedings is
made which includes the testimony and
evidence upon which the appeal is
based.Persons with disabilities need-
ing assistance to participate in any of
the proceedings should contact the City
Clerk's Office 48 hours in advance of
the meeting at(407)6562322.
JEAN GRAFTON,CITY CLERK.
CITY OF OCOEE
Thursday.February 24.2000
OLS3153868 FEB.24,2000