HomeMy WebLinkAboutVI(A1) Ordinance No. 97-06, Burnden Park Annexation Case No. AR-95-08-04"CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE"
Ocoee
CITY OF OCOEE
•
O 150 N. LAKESHORE DRIVE
V OCOEE, FLORIDA 34761-2258
(407) 656-2322
OF G00
STAFF REPORT
DATE: January 15, 1997
TO: The Honorable Mayor and City Commissioners
FROM: Abra E. Horne, Senior Planner Q
THROUGH: Russell B. Wagner, AICP, Director of Planning
SUBJECT: Burnden Park, Phase II, Annexation (Case #AR -95-08-04)
ISSUE:
AGENDA 1-21-97
Item VI A 1
S. SCOTTI/ANDERGRIFT
COMMISSIONERS
RUSTY JOHNSON
SCOTT ANDERSON
SCOTT A. GLASS
JIM GLEASON
CITY MANAGER
ELLIS SHAPIRO
Should the Mayor and City Commissioners approve the above referenced Annexation Petition and
related Annexation and Development Agreement?
BACKGROUND:
The subject property is located both north and south of Hackney -Prairie Road between Clarke Road
and Apopka Vineland Road. The property measures approximately 22 acres and it contains three
single family_ homes and two detached garages. If the City approves the requested annexation,
Imperial Partnership, the owners, will seek Preliminary Subdivision approval for the subject property
(Phase II) and an adjacent property (Phase 1). While the existing homes are characteristic of the
nearby Clarcona Rural Settlement, the proposed development will be similar to the abutting Ocoee
subdivisions (e.g., Sawmill, Prairie Lakes, and Forest Oaks).
The subject property is designated Low Density Residential (< 4 du/acre) on the City Future Land
Use Map and Joint Planning Area Map. The applicant has requested an Ocoee zoning classification
of R -1A, Single Family Dwelling District, which would be consistent with the above referenced land
use designations.
With respect to State annexation criteria, §171.044 of the Florida Statutes grants municipalities the
authority to annex contiguous, compact, non -circuitous territory so long as it does not create an
enclave. The requested annexation satisfies the above criteria. The subject property is located
within the Ocoee -Orange County Joint Planning Area (JPA) and the Ocoee Utility Service Area.
Since the property is within the City's Service Area and contiguous to the city limits, the property is
being considered for annexation as, outlined in the JPA Agreement. We have notified Orange
County Planning Staff of the Annexation Petition and they have not submitted any formal objections.
The requested annexation is consistent with the JPA Agreement, State criteria for annexation, and
the standards established by the City.
The Honorable Mayor and City Commissioners
January 15, 1997
Page 2
DISCUSSION:
Staff has completed the attached Annexation Feasibility & Public Facilities Analysis based upon the
projected impacts of Phase II. We have determined that the City can adequately provide a full range
of urban services to the subject property, pending certain infrastructure improvements. Accordingly,
the attached Annexation and Development Agreement requires the developer to dedicate property
or make certain improvements before annexation or subdivision approval, as appropriate. As part
of the annexation approval process, the developer will dedicate 60' of right-of-way for the extension
of Hackney -Prairie Road. Within three. years or prior to platting the property, the developer will be
required to: (1) extend potable water lines; (2) extend wastewater lines; (3) continue paving
Hackney -Prairie Road to.the eastern boundary of the proposed Phase II; and (4) reserve a
continuous green way or recreation area adjacent to Prairie Lake. The 1996 assessed value of the
property is $221,550 and the projected City of Ocoee ad valorem tax revenue would .be $17,200
based upon the projected number of homes. If the subject property is annexed, staff has
determined that the taxes generated by the property would sufficiently offset the need for services
and considers annexation of this property feasible based upon the above considerations.
PLANNING & ZONING COMMISSION MEETING AND RECOMMENDATION:
On January 14, 1997, the Planning and Zoning Commission held a de novo public hearing for the
proposed Annexation and related Annexation and Developer Agreement. Several surrounding
property owners appeared before the Planning and Zoning Commission to state their concerns
about drainage, traffic, and the paving of Hackney -Prairie Road, Staff explained that the stated
concerns were extraneous to the Annexation Request. An adjacent property owner, Mrs. Meeks,
explained that although she did not have a formal access easement, the sole access to her property
is a driveway located on the subject property. After a lengthy discussion of all of the issues, the
Planning and Zoning Commission recommended that the Mayor and City Commissioners approve
the requested annexation as recommended by staff with the additional condition that staff ensure
that no property is landlocked.
STAFF RECOMMENDATION:
The Planning Department respectfully recommends that the Mayor and City Commissioners approve
the requested annexation by adopting Ordinance #97-06. Further, staff recommends that the City -
Commission authorize the execution of the attached Annexation and Developer Agreement.
Attachments: Proposed Annexation Ordinance #97-06
Annexation Agreement, Phase II
Annexation Feasibility & Public Facilities Analysis .
Location Map
F:\CAPDFILE\STAFFR-1 \P&ZSR--1 \SRP97004.WPD
ORDINANCE NO. 97-06
CASE NO. AR -95-08-04: BURNDEN PARK, PHASE II
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO
THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 22 ACRES LOCATED BOTH
NORTH AND SOUTH OF HACKNEY -PRAIRIE ROAD BETWEEN CLARKE ROAD
AND APOPKA-VINELAND ROAD PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNERS; FINDING SAID ANNEXATION
TO ,BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE
OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT;
PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY
MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR
SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner or owners of certain
real property located in unincorporated Orange County, Florida, as hereinafter described, have
petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to
annex said real property into the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has determined that said petition bears the
signatures of all owners of the real property proposed to be annexed into the corporate limits of the
City of Ocoee, Florida; and
WHEREAS, notice of the proposed annexation has been published pursuant to the
requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of Chapter 180
of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a
Joint Planning Area Agreement ("the JPA Agreement") which affects the annexation of the real
property hereinafter described; and
WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has
reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive
Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with the
JPA Agreement, and to be in the best interests of the City of Ocoee and has recommended to the
Ocoee City Commission that it approve said annexation petition; and
WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044,
Florida Statutes, to annex said real property into its corporate limits upon petition of the owners of
said real property; and
WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the
boundary lines of the City of Ocoee, Florida, to include said real property.
NOW, THEREFORE; BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. The Ocoee City Commission has the authority to adopt this Ordinance
pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida
Statutes, and Section 7 of Article I of the Charter of the City of Ocoee, Florida.
SECTION 2. The Ocoee City Commission hereby finds that the petition to annex certain
lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the
signatures of all owners of the real property proposed to be annexed into the corporate limits of the
City of Ocoee, Florida.
SECTION 3. The following described real property located in unincorporated Orange
County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida:
SEE EXHIBIT "A" (METES:AND BOUNDS LEGAL DESCRIPTION) ATTACHED
HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SECTION 4. A map of said land herein described which clearly shows the annexed area
is attached hereto as EXHIBIT "B" and by this reference is made a part hereof.
SECTION 5. The Ocoee City Commission hereby finds that the annexation of said land
herein described is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and
meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JPA
Agreement and Ocoee City Code.
SECTION 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby
redefined to include said land herein described and annexed. -
SECTION 7. The City Clerk is hereby authorized to update and supplement official City
maps of.the City of Ocoee, Florida, to include said land herein described and annexed.
SECTION 8. The land herein described and future inhabitants of said land herein
described shall be liable for all debts and obligations and be subject to all species of taxation, laws,
ordinances, and regulations of the City of Ocoee; Florida, and be entitled to the same privileges and
benefits as other areas of the City of Ocoee, Florida.
SECTION 9. If any section; subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed -a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portion hereto.
SECTION 10. All ordinances or parts of ordinances in conflict herewith -are hereby repealed. .
SECTION 11. This Ordinance shall take effect upon passage and adoption, and that
thereafter the City Clerk is hereby directed to file a certified copy of this Ordinance with the clerk of
the circuit court and the chief administrative officer of Orange County, Florida and with the Florida
Department. of State within. seven (7) days from the date of adoption of this Ordinance.
PASSED AND ADOPTED this
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 , 1997.
FOLEY & LARDNER
By:
City Attorney
day of -1997.
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED January 9, 1997
ADVERTISED January 16, 1997
READ FIRST TIME January 21, 1997
READ SECOND TIME AND ADOPTED
Under -Agenda Item No.
Legal Description _.
The SWI/4 of the NW 1/4 of the SW 1/4, except the North 125 feet thereof, except the
East 150 feet thereof, and except the South 30 feet thereof, Section 3, Township 22 South,
Range 28 East, Orange County, Florida,
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The NW 1/4 of the SW 1/4 of the SW 1/4, except the South 60 feet thereof and except the
North 30 feet thereof, Section 3, Township 22 South, Range 28 East, Orange County,
Florida,
MOM
Lots 1 to 7 inclusive, LAKE HACKNEY SHORES, according to the plat thereof as
recorded in Plat Book S, Page 120, Public Records, Orange County, Florida, together with
a 30 -foot strip along the North line of said lots being the South '/2 of a vacated street
known as Hackney Prairie Road.
Exhibit "A"
(PHASE II)
Exhibit A
Burnden Park, Phase II
Annexation Case #AR-95-08-04
Exhibit B
THIS INSTRUMENT PREPARED BY:
Paul E. Rosenthal, Esq.
FOLEY & LARDNER
111 North Orange Avenue
Suite 1800
Orlando, Florida 32801
AND SHOULD BE RETURNED TO:
Jean Grafton, City Clerk
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee, Florida 34761
CASE No.: AR -95-08-04
ANNEXATION AN'D DEVELOPMENT A REEMENT
BURNDEN PARK, • PHASE II ]
THIS ANNEXATION AND DEVELOPMENT AGREEMENT (this "Agreement") is
made this day of, 199, 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 IMPERIAL PARTNERSHIP, a
Florida general partnership, (hereinafter collectively referred to as the "Developer"), whose
mailing address is P.O. Box 607307, Orlando, Florida 32860-7307.
RECITALS
WHEREAS, the Developer is the fee simple owner of 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 Developer 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
Agreement (as hereinafter defined), 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 Developer. 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, including
the Future Land Use Map and Joint Planning Area Agreement (as hereinafter defined), with the
exception of the necessity for extension of water and sanitary sewer lines and adequate paved
right-of-way with respect to the extension of Hackney -Prairie Road from the western boundary
of the Bumden Park Phase I Land (as hereinafter defined) to the eastern boundary of the
Property; and
WHEREAS, the City has determined that the execution of this Agreement is essential
to the public health, safety and welfare and the ability of the City to plan for necessary
infrastructure improvements and the provision of municipal services 'to the Property in
accordance with the Ocoee Comprehensive Plan; and
WHEREAS, the City has determined that, subject to the terms, conditions and limitations
hereinafter set forth, it is feasible to extend municipal services to the Property on the same terms
and conditions afforded to all property owners within the City except to the extent set forth in
this Agreement; and
WHEREAS, the City -has conducted an 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; and
WHEREAS, the Developer intends to develop the Property (or have others develop the
Property) as the second phase of a proposed residential subdivision and the Property is currently
known as "Bumden Park, Phase H"; and
WHEREAS, the Developer intends to develop (or have others develop) certain real
property owned by the Developer and located adjacent to and westerly of the Property, as more
particularly described on Exhibit "B" attached hereto and by this reference made a part hereof
(the "Burnden Park Phase I Property"); and
WHEREAS, in connection with the development of the Bumden Park Phase I Property,
the Developer and the City have entered into that certain Developer Agreement (Bumden Park,
Phase I), dated , I ("the Phase I Developer's Agreement") as recorded
in Official Records Book , Page of the Public Records of Orange County; and
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WHEREAS, the Developer and the City desire to enter into this Agreement to address
the annexation of the Property into the official boundaries of the City and to further address
certain matters related to the development of the Property.
NOW, THEREFORE, in consideration of the mutual premises hereof, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
SECTION 1. RECITALS. The above recitals are true and correct and are
incorporated herein by this reference:
SECTION 2. CONVEYANCE OF RI AT -OF -WAY PROPERTY. Simultaneous
with the execution of this Agreement, the Developer shall convey and dedicate to the City a
portion of the Property for road right-of-way for the extension of Hackney -Prairie Road, as more
particularly described on Exhibit "C" attached hereto and incorporated herein by this reference
(hereinafter referred to as the "Right of Way Property"). Developer warrants that the Right -of -
Way Property is contiguous with the HP Road Land (as described in the Phase I Developer's
Agreement) with no gap or overlap, and when the Right -of -Way Property is combined with the
HP Road Land, the two parcels are contiguous to and intersect with the extension of Clarke
Road to Hackney -Prairie Road. Such dedication and conveyance shall be at the sole cost of the
Developer and the Right of Way Property shall be conveyed by a warranty deed to the City in
form and substance satisfactory to the City. Real property taxes in connection with the
conveyance shall be prorated as of the day before the acceptance of the conveyance by the City
and the prorated amount shall be paid by the Developer and shall be escrowed in accordance
with the provisions of Section 196.295, Florida Statutes, unless the conveyance occurs between
November 1 and December 31 in which case ad valorem taxes shall be paid in full by Developer
for the year of conveyance. In addition, the Developer shall provide the City with a current title
opinion or a current title insurance commitment (to be followed with a title policy) evidencing
that fee simple title to the Right of Way Property is vested in the Developer and evidencing that
the Right of Way Property is free and clear of all liens and encumbrances, except for easements
of record, if any. In connection with the conveyance of the Right of Way Property, the
Developer shall execute such other closing documents as may reasonably be required by the
City, including 'out not limited to a no -lien affidavit. Neither the Developer nor any person or
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entity shall be entitled to any road impact fee credits or other compensation with respect to the
conveyance to the City of the Right of Way Property as set forth above.
SECTION 3. COMMENCEMENT OF CONSTRUC,TION OF PORTION OF
HACKNEY -PRAIRIE ROAD. Within three (3) years from the Effective Date or prior to the
platting of all or a portion of the Property, whichever occurs first, the Developer shall, at the
Developer's sole cost and expense, permit, construct, pave and complete that portion of
Hackney -Prairie Road which is contiguous to all or a portion of .the Property so that Hackney -
Prairie Road will extend as a paved roadway from the eastern boundary of the Bumden Park
Phase I Property to the eastern boundary of the Property. All such activities shall be in
accordance with engineering plans for the construction of Hackney -Prairie Road, last dated June
19, 1992 as prepared by Regional Engineers, Planners & Surveyor's, Inc. under Job Nos. 90-
267 and 92-519 (the "Engineering Plans") and all applicable ordinances, rules, regulations and
codes in effect at the time of commencement of such construction (the "Regulations"). The
Developer shall be responsible to pay, at the Developer's sole cost and expense, any additional
design, engineering and permitting costs as may be required at the time of commencement of
such construction in compliance with the Regulations. The Developer shall not be entitled to
receive any road impact fee or other credits from the City for or relating to the aforesaid
extension of Hackney -Prairie Road. Further, the City will not accept the right-of-way
improvements to the aforesaid extension of Hackney -Prairie Road unless the City concurrently
approves the right-of-way improvements required to be constructed pursuant to Section 7 of the
Phase I Developer's Agreement. It is the express intention of the parties hereto that both
segments of the extension of Hackney -Prairie Road will be completed by Developer and accepted
by the City simultaneously so that Hackney -Prairie Road extends continuously from Clarke Road
easterly to the eastern boundary of the Property. The Developer shall provide the City with a
two (2) year maintenance bond for said improvements to be constructed by the Developer in an
amount and on a form satisfactory to the City and in compliance with the requirements of the
Land Development Code of the City. It is contemplated by the parties that upon completion of
said improvements that Hackney -Prairie Road will extend from Clarke Road east to the eastern
boundary of the Property without any gap and that the Property will have dedicated public access
to Clarke Road over a paved roadway as required by the Land Development Code of the City.
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SECTION 4. UTILITIES TO THE PROPERTY.
a. Water. Unless the waterline has previously been extended pursuant
to the provisions of Section 13(a) of the Phase I Developer's Agreement, the Developer shall
be responsible, at the Developer's sole cost and expense, for the design, installation and
construction of the extension of a twelve inch. (12") water -line from the existing City water
system located approximately 150 feet west of the Hackney -Prairie Road water plant westerly
along Hackney -Prairie Road to the west boundary of the Property in a configuration acceptable
to the City and sized as required by the City to adequately- service the Property and future water
system expansions. The extension of the water system shall be completed within three (3) years
from the Effective Date or prior to platting of the Property or contemporaneous with the
construction of the extension of Hackney -Prairie Road as described in Section 3 hereof,
whichever occurs first. The Developer shall not be entitled to any water impact fee or other
credits for such extension of the City water system or oversizing of the lines and the conveyance
thereof to the City. Unless undertaken as part of the improvements required for development
of the Burnden Park Phase I Property, the Developer shall, prior to commencing construction
of said improvements, enter into the then standard form of Developer's Agreement for Water
Service with the City, which agreement shall incorporate the provisions of this paragraph.
b�. Sewer. The Property shall be required to utilize and connect to the
City sanitary sewer system and the use of septic tanks shall be expressly prohibited. The
Developer shall be responsible, at the Developer's sole cost and expense, for the design,
installation and construction of the extension of the City's sanitary sewer system from the
existing City sanitary sewer system located or to be located within the Burnden Park Phase I
Property to the Property. The sewer lines and related improvements shall be sized as required
by the City to service the Property and future system expansions. The extension of the sanitary
sewer system shall be completed within three (3) years from the Effective Date or prior to
platting of the Property, or contemporaneous with the construction of the extension of Hackney -
Prairie Road as described in Section 3 hereof, whichever occurs fust. The Developer shall not
be entitled to any sewer impact fee or other credits for such extension and the oversizing of the
sewer lines. Prior to the commencing said improvements, the Developer shall enter into the then
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standard form of Developer's Agreement for Wastewater Service with the City, which agreement
shall incorporate the provisions of this paragraph.
c. Reserved CapacitX. Nothing herein shall be construed to guaranty
or reserve any water or sewer capacity for the Property or the Developer. The City has not
made any representation or guaranty to the Developer that such capacity will be available at the
time of development of the Property. The"Developer shall be entitled to reserve water and
sewer capacity, subject to availability, upon execution of the developer's agreements as provided
in subsections (a) and (b) above and payment.of all applicable fees and charges in'connection
therewith.
SECTION 5. PHASING OF DEVELOPMENT. The Phase I Developer's
Agreement imposes certain obligations on the Developer relating to the development of the
Bumden Park Phase I Property, including, but not limited to, the extension of a portion of
Hackney -Prairie Road and the extension of the water system and sanitary sewer system to the
Burnden Park Phase I Property. The Developer shall not be entitled to plat the Property prior
to satisfaction of the Developer's obligations and responsibilities under the Phase I Developer's
Agreement relating to (i) the design, permitting, construction, paving and completion of the
portion of Hackney -Prairie Road referenced therein, (ii) the design, installation and construction
of the extension of the City water system as referenced therein, and (iii) the design, installation
and construction of the extension of the City sanitary sewer system. Nothing contained herein
shall be construed to preclude the Developer from combining the Property and the Burnden Park
Phase I Property for the purpose of obtaining Preliminary and Final Subdivision Plan approvals
or from establishing such phases of development as may be mutually agreed to by the City and
the Developer. .
SECTION 6. RESERVATION OF GREENWAY PROPERTY. At the time of
platting of all or a portion of the Property, the Developer shall dedicate to the City a portion of
the Property located adjacent to Prairie Lake for preservation of a continuous greenway, open
space and recreation area (the "Greenway Property"). The exact location and width of the
Greenway Property will be determined at the time of the Preliminary Subdivision Plan approval
for the Property; provided, however, that the Greenway Property shall be located as generally
depicted in Exhibit "D" attached hereto and by this reference made a part hereof. The
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Developer acknowledges and agrees that the Preliminary and Final Subdivision Plans for the
Property will show a continuous greenway, open space and recreation area within the Greenway
Property. The dedication of the Greenway Property shall be at the sole cost of the Developer
and the Greenway Property shall be reserved for the foregoing uses on such plat or plats of the
Property in accordance with Conditions of .Approval of the Final Subdivision Plan for the
Property as approved by the City. In connection with the reservation of the use of the Greenway
Property, the Developer shall execute such other documents as may reasonably be required by
the City and the Land Development Code of the City, including but not limited to a conservation
easement. Neither the Developer nor any person or. entity shall be entitled to any impact fee
credits or other compensation with respect to the dedication of the Greenway Property as set
forth above. Notwithstanding anything herein to the contrary, the City may require the
aforementioned dedication of the Greenway Property by the Developer upon ninety(90) days
written notice after approval of the Final Subdivision Plan for the Property.
SECTION 7. COMPLETION OFHACKNEY-PRAIRIE ROAD PROTECT. The
City has advised the Developer that it has no current plan to complete the extension of Hackney -
Prairie Road as a paved roadway from the eastern boundary of the Property east to Apopka -
Vineland Road. Nothing contained herein shall be construed to impose any such obligation on
the City or any governmental entity.
SECTION 8. JOINT PLANNING AREA AGREEMENT. The Developer and the
City acknowledge that: (a) the Property is located within the Joint Planning Area defined in that
certain unrecorded Joint Planning Area Agreement dated February 11, 1994 between the City
and Orange County, as it may be amended from time to time (the 'Joint Planning Area
Agreement"); and (b) 'the Joint Planning Area Agreement designates the future land use of the
Property as,Low Density Residential (less than 4 dwelling units/acre) in the City of Ocoee and
restricts the authority of the City to change such land use designation without the approval of
Orange County.
SECTION 9. LEGAL FEES. Each party agrees to bear its own legal fees and costs
in connection with all issues which are the subject matter of this Agreement.
SECTION 10. NOTICE: PROPER FORM. Any notices required or allowed to be
delivered with respect to this Agreement shall be in writing and be deemed to be delivered
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(whether or not actually received) when (1) hand delivered to the official hereinafter designated,
or (2) upon deposit of such notice 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 or to such other person as the party shall have specified by
written notice to the other party delivered in accordance herewith.
DEVELOPER: Imperial Partnership
P.O. Box 607307
Orlando, FL 32860-7307
CrrY: City of Ocoee
City Manager
150 North Lakeshore Drive
Ocoee, Florida 34761
SECTION 11. NOTICES: DEFAULT. Each of the parties hereto shall give the other
party written notice of any default hereunder and shall allow the defaulting party thirty (30) days
from the date of its receipt of such notice within which to cure any such defaults or to
commence and thereafter diligently pursue to completion good faith efforts to effect such cure
and to thereafter notify the other parties of the actual cure of any such defaults. This Agreement
is enforceable at law or in equity by the non -defaulting party, including, but not limited to the
right of specific performance.
SECTION 12. CONCURRENCY. Nothing herein shall be construed as granting
vested rights for the Property or any portion thereof or as creating an exemption for the Property
from all applicable provisions of the Ocoee Comprehensive Plan, including the Future Land Use
Map, or the Land Development Code of the City, including but not limited to Article IX -
Concurrency.
SECTION 13. COMPLIANCE WITH LAWS. The Developer shall comply with all
applicable federal, state and local ordinances and regulations in effect at the time of development
of the Property. Nothing contained herein shall limit the right of the City to prescribe other
conditions on the development of the Property in accordance with applicable City ordinances and
land regulations in effect at the time of development.
SECTION 14. COVENANT RUNNING* WITH THE LAND. This Agreement shall
be binding, and shall inure to the benefit of the heirs, legal representatives, -successors and
assigns of the parties, and shall run with the Property and be binding upon the successors and
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assigns of the Developer and upon any person, firm, corporation, or entity who may become the
successor in interest to the Property.
SECTION 15. TIME IS OF THE E NCE. Time is hereby declared of the essence
to the lawful performance of the duties and obligations contained in this Agreement.
SECTION 16. 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
and/or effectuate the obligations of either party hereunder and the consummation of the
transactions contemplated hereby.
SECTION 17. SPECIFIC PERFORMANCE. The City and the Developer shall have
the right to enforce the terms and conditions of this Agreement by an action for specific
performance.
SECTION 18. 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 19. CONSTRUCTION OF AGREEMENT. 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 20. RECORDATION. The parties hereto agree that this Agreement shall
be recorded in the Public Records of Orange County, Florida, at the expense of the Developer.
SECTION 21. 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 22. SEVERABILITY. If any part of this Agreement is found invalid or
unenforceable by any court, such invalidity or unenforceability shall not affect any other parts
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 23. RECOVERY OF ATTORNEYS' COSTS AND FEES. In connection
with any litigation between the City and the Developer, including appellate proceedings arising
9
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 24. ENTIRE AGREEMENT. This instrument and its exhibits and the
Development Agreement 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 Developer's expense.
SECTION 25. EFFECTIVE DATE. This Agreement shall first be executed by the
Developer 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 , 199.
FOLEY & LARDNER
By:
City Attorney
10
"CITY"
CITY OF OCOEE,
a Florida municipal corporation
By:
S. Scott Vandergrift, Mayor
Attest:
Jean Grafton, City Clerk
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 199?
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 1993.
Signature of Notary
Name of Notary (typed, printed or Stamped)
Commiuim Number Of mt 1ep3b m —b:
My Commiuim Expit (i( eot legbk m -Z.-
11
:
11
IN WITNESS WHEREOF,
the Developer has caused this Agreement to be duly
executed by its duly authorized representative on the day and year set forth below.
"DEVELOPER"
IMPERIAL PARTNERSHIP, a Florida
general partnership
Signed, sealed and delivered
By: WILLIAM HARGREAVES
in the presence of:
CORPORATION, a Florida
corporation, as managing general
/
L�
partner
By: Q(A As
Signature
,6%-
Name: James 'M. cannon
Alexander C. Mackinnon
Print/T'ype Name
Title: vice President
(CORPORATE SEAIJ
Signature
Ellen T. Ali
Print(rype Name
And By:
WARBURTONS. ORLANDO, INC.,
a Florida corporation, as general partner
By:-�, G,w,12., &,Vc ��-•.
Signature
Name: James M. cannon
Alexander C. Mackinnon
Title: v; c!A Praci den
Print/Type Name
hilt',
(CORPORATE SEAL)
Signature
Ellen T. A6.
Print/type Name
12
STATE OF FLORIDA
COUNTY OF AR
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to take acknowledgements, personally appeared
James M. Cannon as Vice President Of
WILLIAM HARGREAVES CORPORATION, a Florida corporation, as managing general
Partner of EMPFRIAL PARTNERSHIP, a Florida general partnership, who #x] is personally
known to me or [' ] produced, as identification, and that
he/she acknowledged executing the foregoing instrument on behalf of said corporation and said
partnership, in the presence of two subscribing witnesses, freely and voluntarily under authority
duly vested in him/her.
WITNESS my hand and official seal in the ' County and State last, aforesaid this -
day.of �?ecembPr ,.1996.
Signature of Notary
Alexander C. Mackinnon
Name of Notary (ryped, Printed or Stamped)
Commission Number (f not legible on real):
My Commission Expires (f not legible on seal):
DER C.
ALEXAB
MCOMMISSION R CC 4406718
Y
EXPIRES: No mber 2.1998
Battled Tlw Ntxmy PuD!1c Undercmmts
STATE OF FLORIDA
COUNTY OF DRAmJ
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to take acknowledgements, personally appeared
James M. Cannon as vice President of
WARBURTONS ORLANDO, INC., a Florida corporation, as general partner of DdPERIAL
PARTNERSHIP, a Florida partnership, who k ] is personally known to me or [ ] produced
as identification, and that he/she acknowledged executing
the foregoing instrument on behalf of said corporation and said partnership, in the presence of
two subscribing witnesses, freely and voluntarily under authority duly vested in him/her, and
that the seal affixed hereto is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and State last aforesaid this
day of December , 1996.
Signature of Notary
Alexander C. Mackinnon
Name of Notary (typed, Printed or Stamped)
Commission Number (f not legible on seal):
My Commission Expires (f not legible on seal):
ALEMDER 0. CIONNON
: MY COMMISSION /ACC 4406718
ea, WIRES:Nnvanher21995
Busied Tluu Notary Public Undetrs�rs
13
.--_-i�.;ivaiva aun 16:15 FAI 8332448
The undersigned hereby certifies that GEORGE,STEpEEN STANLEY, 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 ZVERIAL
PARTNERSHIP, a Florida general partnership, in favor of GEORGE STEPHEN STANLEY,
in the original principal amount of $195,000.00; which is recorded in Official Records Book
4251, Page 2387, of the public Records of Orange County of Florida, shall be and hereby is
subordinated to the foregoing instrument.
Signed, sealed and delivered
in the presence of:.
J
5igoatare
Betty L. Cooper
Print/Type Name
t Iglzadirs
J. Robin Collier
PrinVrype Name
STATE OF FLORIDA
COUNTY OF VOLUS IA
GEORGE S STANY.EY
THIS IS TO CERTIFY, that on this 10thday of 'December -,1996,,
before me, an officer duly authorized to take acknowledgements in the State and County
aforesaid, personally appeared GEORGE STEPHEN STANLEY; who [ ] is personally knownto me s'�Ci ucrd =idem , and that
he acknowledged executing the foregoing instrument for the purposes and uses therein described.
IN WITNESS WSEREOF, I have hereunto set my hand and seal on the above
date.
o
BET7yL COOPER
* * "yCo^WrAmdonCC=ra 71
Auiauar+ae+..aa i un1MJ D=JPEa*J
r . / &
NOTARY PUBLIC
Name:
My Commission expires:
14
2Q1S
Legal Description
The SW 1/4 of the NW 1/4 of the SW 1/4, except the North 125 feet
thereof, except the East 150 feet thereof, and except the South 30 feet
thereof, Section 3, Township 22 South, Range 28 East, Orange
County, Florida,
and
The NW 1/4 of the SW 1/4 of the SW 1/4, except the South 60 feet
thereof and except the North 30 feet thereof, Section 3, Township 22
South, Range 28 East, Orange County, Florida,
and
Lots 1 to 7 inclusive, LAKE HACKNEY SHORES, according to the
plat thereof as recorded in Plat Book S, Page 120, Public Records,
Orange County, Florida, together with a 30 -foot strip along the North
line of said lots being the South '/ of a vacated street known as
Hackney Prairie Road.
Exhibit "A"
(PHASE In
15
Legal Description
The East 1/2 of the NE 1/4 of the SE 1/4; the West 1/2 of the NE
1/4 of the SE 1/4 less the South 500 feet; the West 1/3 of the NE
1/4 of the SB 1/4 of the SE 1/4; and the North 100 feet of the
West 230 feet of the SE 1/4 of the SE 1/4 of the SE 1/4; all in
Section 4, Township 22 South, Range 28 East, Orange County,
Florida.
Exhibit 'B"
16
Burnden Park, Phase II, Dev. Agr_
Hackney -Prairie Road Land
Exhibit C, Page 1 of 2 Pages
LEGAL DESCRIPTION
BURNDEN PARK
ROADWAY
LEGAL DESCRIPTION (ROAD)
A PARCEL OF LAND LYING IN SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
BEING A PORTION OF THOSE LANDS DEPICTED IN PLAT BOOK S, PAGE 120, OF
THE PUBLIC RECORDS OF ORANGE COUNTY, BEING MORE PARTICULARY DESCRIBED
AS FOLLOWSW
THE SOUTH 30.0 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER AND THE NORTH 30.0 FEET OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4,
TOWNSHIP 22 SOUTH, RANGE 28 EAST ORANGE COUNTY, FLORIDA,
RVEYOR'S N
(1) REPRODUCTIONS OF THIS LEGAL DESCRIPTION ARE NOT VALID WITHOUT THE SIGNATURE AND THE
. ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
(2) THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT OR ABSTRACT
AND MAY NOT DEPICT ALL OWNERSHIP, EASEMENTS, ENCUMBRANCES, AND OTHER INSTRUMENTS OF RECORDS.
(3) THE DELINEATION OF LANDS SHOWN HEREON IS AS PER THE CLIENT'S INSTRUCTIONS.
(4) THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A BOUNDARY SURVEY, AS SUCH.
(5) THIS LEGAL DESCRIPTION IS CERTIFIED TRUE AND CORRECT TOI
1) FOLEY AND LARDNER
2) IMPERIAL PARTNERSHIP
3) CITY OF OCOEE
17
JAN1
4;?7
DATE,
CHARLES B. GARDINER III
CITY
OF ocOEF
LEGAL DESCRIPTION (ROAD)
A PARCEL OF LAND LYING IN SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
BEING A PORTION OF THOSE LANDS DEPICTED IN PLAT BOOK S, PAGE 120, OF
THE PUBLIC RECORDS OF ORANGE COUNTY, BEING MORE PARTICULARY DESCRIBED
AS FOLLOWSW
THE SOUTH 30.0 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER AND THE NORTH 30.0 FEET OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4,
TOWNSHIP 22 SOUTH, RANGE 28 EAST ORANGE COUNTY, FLORIDA,
RVEYOR'S N
(1) REPRODUCTIONS OF THIS LEGAL DESCRIPTION ARE NOT VALID WITHOUT THE SIGNATURE AND THE
. ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
(2) THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT OR ABSTRACT
AND MAY NOT DEPICT ALL OWNERSHIP, EASEMENTS, ENCUMBRANCES, AND OTHER INSTRUMENTS OF RECORDS.
(3) THE DELINEATION OF LANDS SHOWN HEREON IS AS PER THE CLIENT'S INSTRUCTIONS.
(4) THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A BOUNDARY SURVEY, AS SUCH.
(5) THIS LEGAL DESCRIPTION IS CERTIFIED TRUE AND CORRECT TOI
1) FOLEY AND LARDNER
2) IMPERIAL PARTNERSHIP
3) CITY OF OCOEE
17
DATE,
CHARLES B. GARDINER III
FLORIDA PROFESSIONAL LAND
SURVEYOR NO. 5046
THIS IS NOT A SURVEY
REV DATE I DESCRIPTION
REPS
No. 92-519
DRAWN BY: J.A.B.
REGIONAL ENGINEERS. PLANNERS AND SURVEYORS, INC.
2999 ALL AMERICAN BLVD.
CHECKED BY: C.B.G.
DATE: 12-24-1996
SCALE: N\A
ORLANDO, FLORIDA 32870 4071522-7570
CER77FICATE OF AUTHORIZATION 8 LB 4741
HEET OF2
SHEET--!—OF--Z-
I I
17
SKETCH OF DESCRIPTION
BURNDEN PARK
ROADWAY
I F'rF'Nn:
T = TOWNSHIP
R = RANGE
SEC.= SECTION
O.R.B. = OFFICIAL RECORDERS BOOK
_Burnden Park, Phasee 22, Dev. Agr
Hackney -Prairie Road Land _
Exhibit C. Paqe 2 of 2 -Pages____
2jd/
JAN 1 4 i7;r i
v
CITY OF OCOEE
I SCALE- 1'=100'
60.0' RIGHT OF WAY J
O.R.B. 4968 PG. 3396
I
1 I`
I
I rt E HargNdY tt+OFE_ I I I
(FLAT 300K i Pc,E :�-Il ; 1
I 1 I
0
6
NE i 1/1, SEI 1/41, SE I /4 I 1 1
!SEC,1 4 TL2S P28E�
I i i
THIS IS NOT A SURVEY
enrEDE3;RIP70n ��� oe ao. 92-519
I GP.:.ala o'i: J.A.B.
CHECF.ED CY: C.B.G.
REGIONAL ENGINEERS, PLANNERS AND SURVEYORS, INC. DAA: 12-24-1996
=999 ALL AMERICAN BLVD. 1" = 100
ORLANDO. rLOPIOA 3_8,10 207.522-7570 SCALE:
-------
I r--—' !'fft rlrlCA ir- Jr AU li A",RI?A noN 3 L6 .1741 SHEET 2 ur 2
18
SE 1/4, NE 1/4, SE 1/4
:'EC, 4 T2'L_S-R28E
W I
W
Wm
Z N
P
K
(l1 i N
W
N
y N
H
Z
lJ I
J
I4Ey PPAtof_ ROAD '0'
u
......I ': DwN Cil PLA7 CF W
n
_--C=:NE' iC2E iP3 PG. 120)
f T❑ CLARK ROAD
_
I
�S. LINE SE I/4, NE 1/4, SE 1/4 SEC. 4-T22S-R28E
TO APOPKA-VINELAND RD,i
o
N. LINE NE 1/4, SE 1/4, SE 1/4 SEC. 4-T22S-R28E c
60.0' RIGHT OF WAY J
O.R.B. 4968 PG. 3396
I
1 I`
I
I rt E HargNdY tt+OFE_ I I I
(FLAT 300K i Pc,E :�-Il ; 1
I 1 I
0
6
NE i 1/1, SEI 1/41, SE I /4 I 1 1
!SEC,1 4 TL2S P28E�
I i i
THIS IS NOT A SURVEY
enrEDE3;RIP70n ��� oe ao. 92-519
I GP.:.ala o'i: J.A.B.
CHECF.ED CY: C.B.G.
REGIONAL ENGINEERS, PLANNERS AND SURVEYORS, INC. DAA: 12-24-1996
=999 ALL AMERICAN BLVD. 1" = 100
ORLANDO. rLOPIOA 3_8,10 207.522-7570 SCALE:
-------
I r--—' !'fft rlrlCA ir- Jr AU li A",RI?A noN 3 L6 .1741 SHEET 2 ur 2
18
11iuDIVU TUIi 12:33 FA.1 8432448
11/04/90 14:26 Vdo72d812TO TM CA VALL p®002
� oo=/D6a
SKETCH OF DESCRIPTION
THIS IS NOT A BOUNDARY SURVEY
EXHIBIT "D"
(Page 1 -of 2)
LANG DCUMPT&CW.
A PMT1131 Cf LOTS 1 rem 7. LACE N4ama MfdM AO=amo 1O T7R mAT THt ww AS IN PLAT DOW 'Y, PMS I= aAtear
COUNTY. PLORIOA AND A PCRT14f CI T11E NW 1/4 OF W SW 1/4 CIE• W LW 1/4 OF MOTION ; 717lI91YP ZZ 90YTH, �EA►1Ci y3 LA9T ALJ.
MCMC PANnCULMLY O ^FPL= As I'CIAyOT,L
COANEIILE AT TMC NCRTF Y COPWM W LOT 7. SOD LAKE HACK CY gimm- T1IQICE s 0076'31' 9; Ai0N6 iNE WaT L7'E OF SA10 LOT 7 A
DISTANCC CP 13l.64 nLT TO T1Q PCW' of C WN 'Q TNQCC7C 3 S11:f'36' L 43.34 ►1ST, TN01L= 3 76.47'73' E. 94 M f!!T. 1rp+cc
S 764717' L 10479 FE" THCMCK N 66War E. =on f1� n4b= S 7676'09' G 7131 nLTM THD= s 61Z3"S' F. T" T U
11iL7CC>: ! 412222' E: 43.93 ►Q71 111DICE S 45ia161' L 33fO Ri7; n4EkLE 3 74Y314' G 7146 l'11: THtIfC; S 7.773' GMMTJ
7'2.70 fCFn THHNL4 s SI99'44' E 74.N RL11 MLNC C a 4•'5310' E 97.79 Pa11 TW" S x�5`r1• c 34,94 �n 37'Zl-
9 6016'O4' C. 79.30 FQT1 T14NCY 9 411x34. C. 111.2a ANTI 1114112.:9 1 W41'29" 9L 467.64 PCCT TO A PMT O1 1144 LAST LINE M
LOT 1 CF SAID LA12.L MACCMy SHOPtM THOUS S 0636`26' W ALFNO 7W LAST UNE OF SAID LOT 1 A DwAmcc OP 6400 FEET TO THS
3OUTNEAST CCMN" Of 3AM LOT 11 iWO" N 637376' M ALONG TW SOUTM IJNC OF sN0 LAN; NACKMCy 7KWF A CMANR C✓A 4ALY FEU
10 THE FCUTHTKST mlulot of SAID LOT 7; n10KY N CC 20 21' •L ALLOW THE WLST LINE Or UM LOT 7 A OUM= 00 4671 71<l:T O THE
POINT tEONNIN4
.. CCNTAMND: 6.0.7 AQ= LIOR OR UM
THE 6Gu9NOS Am amp DN M 1Ia' um OF LAT 7 LAxw wAcw LT i101p ACoNO To Im PLAT j}Igmm Ax gempow
N PLAT DOW 'r.' PA09 1206 A" MDRDS DF ORA MMT; MA WDk AS W4 11 O WM- IL
JOa NO: 90-2544 PATM lWQ%
PROFESSIONAL LAND 9URVE71NO $Kmvtczs tNCr
1450 So"No" bOUL&VANO . MATR 1
CAX3M6CMY, FIXA M. 34707
(407) 9N-OA.L9
MICHAIEL E. PE'iULLA
PRCWMSS10NAL LANA SURVEYOR
19
SHM 1 cF L
1w." nw M �M9i a1rOC�h d DeariRxLm hk— hwfta 19 tn.
Ni &w`P a 94 tnpdedge Y1O of mk* e11• PME11 m
'AS NWA1 sCamawas & t fa'C1 kt%y the Fi2.t70C1 O.0 a R Frof a -M.,al
AAd &--pv h oQayytter 6NN1-4. rkv AAitii4dWr. Com.
WON" r EwHw14"MM. JVw1•• 6t+Am.
MGMA&L G PeTLLL.A
FROFEVikMAL LAND KWv?rQR
PLOIVDA AMSTRA" M48'T2
11./oa/►s� 1a: �so7sd�12Ya i"�:..`�'-6:.'�ar
E=1003
14003/003
2*rr 2 OF P.
14" in !CALL *ca ort fr t■b of .e
v..+l er„ .1we A.r.,.n is trot
L rfwtyt�s h Q4otr i Jdwo mk AdntrF4d1.+ cadt,
.Iota NO: AL -2ND tMiEs ivyc,
POfESfIONAL L.WO lURYETING 3gIIYIGF3 WC
Vasa iOANOLA t1=W"'�O . &ATT i
GArr0Lreww7. !'L.OP,DA 33707
(AG71 ere-ot.s
MICHAEL. E. PETULLA MCNAL LAND =AW11YOR
PRCF'MBMCNAL LAND SURV9YOR A.000,k Fgm*TR^TWK M091
20
5KETCH OF DESCRIPTION
EXHIBIT "D"
THIS IS NOT A BOUNDARY SURVEY Page 2 of 2)
Torr a
vast L"1wLot I NaT P L A r r c a
w cav4r w L.n 7r
� 0.7Y
lit
M OM31' f 4fa3t'
s oo�asl' r
Lar 7 of meophs
MAO
Lff t
14
ILr
� '
�•
��r
LOT 1 ,
fafftswW
tt,,,, QQyyMQQ
Coti1Xi1 6UL
/I
yy
I
r
� R
URE TA"
j
MFAWL
CIW
.1 lamm
-6 i off nr
I
li ■ 1"7O'fr' c Mfr
L-7
L-rf �4 CL
I
10
L - f Mao-
' Lr11 f eO90'4s' C 7arf�
' Ir13 f M7L7fT C 0.7r
■ "49W IL
L_If t "%Ww t f1L3r'
'
IEtre
LM of W LIQ N L4 IV Lt ftcum 3, ! w
L7
.
SPEW
ralcsT � uar >x nwt A
.
2*rr 2 OF P.
14" in !CALL *ca ort fr t■b of .e
v..+l er„ .1we A.r.,.n is trot
L rfwtyt�s h Q4otr i Jdwo mk AdntrF4d1.+ cadt,
.Iota NO: AL -2ND tMiEs ivyc,
POfESfIONAL L.WO lURYETING 3gIIYIGF3 WC
Vasa iOANOLA t1=W"'�O . &ATT i
GArr0Lreww7. !'L.OP,DA 33707
(AG71 ere-ot.s
MICHAEL. E. PETULLA MCNAL LAND =AW11YOR
PRCF'MBMCNAL LAND SURV9YOR A.000,k Fgm*TR^TWK M091
20
City of Ocoee Planning Department
Annexation Feasibility & .Public Facilities Analysis
Date: January 7. 1997 Caser Number: AR -95-08-04
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.
Planning Department: .......................................... Horne/ Wagner
A. Applicant(s): Bob Cantu, Professional Design Associates. for Imperial Partnership
Contact Phone #: 407-841-0055
B. Property Location:
1. Parcel Id. No.: 04-22-28-4448-00-040: 04-22-28-4448-00-010: and 03-22-28-0000-00-009
2. Street Address: none.
3. Location: East of Clarke Road, west of Apopka -Vineland Road, both the North and
South of Hackney -Prairie Road.
3. Legal Description: see file).
4. Directions: From the intersection of Clarke and A.D. Mims Road, head east on A.D. Mims.
At Apopka -Vineland Road, head north. At Hackney -Prairie Road, head west until the dirt
road ends.
5. Size: ±22 acres
C. Use Characteristics:
1.. Residential Units: approximately 43
2. Projected Population: roughly 129
3. Existing Use: 3 single family residences. 2 detached garages, and pasture
4. Proposed Use: Single Family Residential Homes
D. Zoning Classifications and Future Land Use (FLU) Designations:
1. Orange County Zoning Classification: A-1, Citrus Rural District
2. Orange County FLU Designation: 1/1 (one dwelling unit per acre)
3. Requested City of Ocoee Zoning Classification: R -1A, Single Family Res.
4. Proposed City of Ocoee FLU Designation: Low Density Residential (< 4 dua)
5. Consistent With: Comp Plan? ygs JPA? yes
6. Comp Plan Amendment. Required? No . When? n/a
II. Fire Department: ............................................ Chief Strosnider
A. Estimated Response Time: 4.5 minutes (less when station #3 is completed)
B. Distance Traveled. (to property): about 5 miles .
C. Nearest Fire Hydrant (state location in feet or name intersection): at Clarke Road & H -P
D. Fire Flow Requirements: Inadequate at this time.*
E. Comments: Improvements would be required prior to subdivision approval
= As a result of an Agreement with Orange County, this property is already served for "first response" by the City
of Ocoee Fire Department. Proposed water main extensions.to this area will provide adequate flow.
0 Page 1 0
City of Ocoee Planning Department
Annexation Feasibility & Public Facilities Analysis
Date: January 7. 1997 Case Number: AR -95-08-04
III. Police Department: ............................................. Chief Mark
A. Estimated Response Time: -6 minutes
B. Distance Traveled (to property): 7 miles (using Apopka -Vineland Road approach)
C. Police Patrol Zone: North
IV. Finances: ........................................................... Horne
A. 1996 Orange County Assessed Value: $221.550.00
B. Estimated City of Ocoee Ad Valorem Tax Revenue (if annexed): $17.200 based upon
projected homes.
C. Anticipated Licenses & Permits: unknown
D. Total Projected Revenues (total of items B & C): unknown
V. Utilities: ............................................................. Shira
A. Potable Water Issues:
1. In Ocoee Service Area? ygs
2. Distance to Nearest Line? Within Phase I. adjacent property, to be developed by the
same owner.
3. Size of Water Main? Requested 12" main
4. Est'd Water Demand?- 300 g.p.d. per home or 12.900 g.p.d.
5. Can City Service this Property? yps
6. Extension Needed?
7. Developer Agreement Needed? yes
8. City Cannot Service Now or in the Future (check here): n/a
B. Sanitary Sewer Issues:
1. In Ocoee Service Area?
2. Distance to Nearest Line? Within Phase I. adjacent property, to be developed by the
same owner.
3. Size of Sewer Main? Requested 12" force main
4.. Est'd Sewer Demand? 270 gp.d..per home or11:610 g.p.d.
5. Can City Service this Property?ergs
6. Extension Needed?
7. Developer Agreement Needed? ygs
8. City Cannot Service Now or in the Future (check here): n/a
■ Page 2 ■
City of Ocoee Planning Department
Annexation Feasibility & Public Facilities Analysis
Date: January 7. 1997 Case Number: AR -95-08-04
C. Other Utility Issues: ........................................ Shira/Corwin
1. Utility Easement Needed? To be determined as part of subdivision approval.
2. Private Lift Station Site Needed? To be determined as -part of subdivision approval.
3. Well Protection Area Needed? No.
4. Other Comments: None.
VI. Transportation: ............................................ Horne/ Resnik
1. Paved Access to Property? no Describe: The City will require the extension of
Hackney -Prairie Road through Phase I and to the eastern edge of Phase II from the
existing edge of pavement. The developer will be required to pave all internal subdivision
streets in accordance with City standards.
2. ROW Dedication? ygs Specify: The annexation agreement requires that the
developer dedicate right-of-way for the Hackney -Prairie Road extension.
3.. Traffic Study: To be determined as part of subdivision approval process.
4. Traffic Zones: 840 and 273
5. Other Traffic Improvements Needed: To be determined as part of subdivision approval
process.
VII. Preliminary Concurrency Evaluation: ................................... Resnik
A. Transportation: There is adequate capacity available to serve the project if it were to
develop today: however, the subdivision will have to apply for concurrency at the time of
subdivision approval and capacity will be determined at that time.
B. Parks/Recreation: (same comment as above
C. Sewer/Water Capacity: (same comment as above_
D. Other Issues: Drainage and Solid Waste
VIII. Building Department: ........................................... Flippen Harper
A. Anticipated Licenses & Permits: unknown.
B. Within 100 year flood plain: a large portion of the lakefront.
C. Potential Impact Fees: unknown.
IX. Specify Other Comments & Considerations Below:
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City of Ocoee Planning Department
Burnden Park
Annexation and Rezoning (Case No. AR -95-08-04)
M I iiiiiiii■ I � I � i
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Prairie Lakes
Subdivision
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Y = Subject
`1 Property
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7a, c, 7n, e, 7 Prairie Road
Silvestri
PUD
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A. p. MIms
Legend:
Sawmill
Subdivision
Forest Oal
Subdivisio
Case Number: AR -95-08-04
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Subject Ocoee City Orange Outside of
Property Limits County JPA North
C:WHPDFILE\ANX-REZ\AXIZ-NOW\BURNDEN\BURN-G2.FRM