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HomeMy WebLinkAboutV (A1a&b) Second Reading of Ordinances: Burden Park Annexation (Phase II), Case No. AR-95-08-04; Ordinance No. 97-06, Annexing Burnden Park, Phase II; Annexation and Development Agreement AGENDA 2-04-97 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" 1 rem V A 1 a & b O�j toes T_ .fl' ,I Lwnlr£ / \/ COMMISSIONERS A. a CITY OF OCOEE RUSTY JOHNSON SCO'IT ANDERSON v O 150 N.LAKESHORE DRIVE SCOTT A.GLASS r`:, (I, OCOEE,FLORIDA 34961-2258 )IM GLEASON b1 y (407)656-2322O'rc M nNnuIR fq Of G00 ELLIS SHAPIRO STAFF REPORT DATE: January 29, 1997 TO: The Honorable Mayor and City Commissioners FROM: Abra E. Home, Senior Planner L%I(* THROUGH: Russell B. Wagner, AICP, Director of Planning j j SUBJECT: Burnden Park, Phase II, Annexation (Case#AR-95-08-04) ISSUE: 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 I). 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. S-! The Honorable Mayor and City Commissioners January 29, 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, pending 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-11CCSR-t\SRPWp06 WPD ORDINANCE NO. 97-06 CASE NO. AR-95-08-04: BURNDEN PARK, PHASE II AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING '11 r( THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA,CERTAIN Kr AL 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. an 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 'SIP rr y 'sr; 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, Florid:. 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 dearly 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 ana 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 such portion shall be deemed a separate, distinct, and independent provision and 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 Pile 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_day of 1997. ATTEST: APPROVED: • CITY OF OCOEE, FLORIDA Jean Grafton. City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED January 9, 1997 ADVERTISED January 16. 1997 READ FIRST TIME January 21, 1997 READ SECOND TIME AND ADOPTED Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of 1997. FOLEY & LARDNER By: City Attorney • • Leal Description The S W 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 I to 7 inclusive. LAKE HACKNEY SHORES. according to the plat thereof as recorded in Nat Book S. Page 120. Public Records. Orange County. Florida,together with a 30-foot strip along the North line of said tots being the South '/ of a vacated street known as Hackney Prairie Road. Exhibit "A" (PHASE II) Exhibit A 0 .._._ ...._.:- _.ram_=, ..�, is 13 cm ;4 --_ N ..r . U - ' - i iii Subject ; � Property 1 a Ili p,. D. Mims Road i��_ . .. Burnden Park, Phase II Annexation Case #AR-95-08-04 Exhibit B THIS IIh atoT4Nr PREPARED BY: Paul E. Roscnthal.Esq. FOLEY &LARDNER Ill None Orauee Avenue Suite 1800 Orlando,Florida 33801 AND SHOULD BE RETURNED TO: tern Grafton.City Clerk UTE OF OCOEE 150 North Lakeshore Drive Ocoee.Florida 34761 Fos xmNlq Por{aa only CASE No.: AR.95-08b4 ANVFFAT[ON AND D VF OP VC 4 FileE [BLDLNDEN PARK, PHASE H] 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 parmership, (hereinafter collectively referred to as the "Developer"), whose mailing address is P.O. Box 607307, Orlando, Florida 32360-7307. RECITALS WHEREAS,the Developer is the fee simple owner of certain property located in Orange County,Florida,said property being mare 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 :he City Commission of the City (the 'Ocoee City Commission') :o valuntarly annex :he 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 Peddon and at such hearing found the annexation of the Property to be consistent with :he Ocoee Comprehensive Plan, including the Future Land Use Map and the loin 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 Peddon 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 Lite 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 nas 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 term• 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 Mown as "Bumden Park. Phase ID; 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 pan hereof (the "Bumden 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 , 1997("the Phase I Developer's Agreement") as recorded in Official Records Book_, Page of the Public Records of Orange County; and 2 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 Ciry u. . ...in address certain matters related to the development of the Property. NOW, THEREFORE, in consideration of he mutual premises _,good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. RECIPATS. The above recitals am true and coats and arc incorporated herein by this reference. SECTION 2- CONVEYANCE OF RIGHT-OF-WAY PROPeRrt. 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 1 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 I 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 tide 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 but not limited to a no-lien affidavit. Neither the Developer nor any person or 3 • 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. COMMFNCFMFNT OF CONSTRUCTION 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 eastem 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 Tune 19, 1992 as prepared by Regional Engineers, Planners &Surveyor's, Inc. under Job Nos. 90- 267 and 92-519 (the "Engineering Plans") and all apphcahle 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 Haclmey-Prairie Road extends continuously from Clarke Road masterly 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 parries that upon completion of said improvements that Hackney-Prairie Road will extend from Carke 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. 4 SECTION 4. UTR,DI ES TO THE PROPERTY. a. Water. Unless the waterline has previous ;; t r to the provisions of Section 13(a) of the Phase I Developer's Agreemeu, cs Ede reioxr shalt be responsible, at the Developer's sole cost and expense, for the desgn, ins 11aucn 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 configuadon accepeable • 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 Dare 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 pan of the improvements required for development of the Hamden Park Phase I Property, the Developer shall, prior to commencing construction of said improvements, enter into the then standard form of Developer's Agreement far Water Service with the City, which agreement shall incorporate the provisions of:his paragraph. b. Sett. ,:. The Property shall be required to unity!and connect to the City sanitary sewer system and the use of septic ranks 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 3umden Park Phase I Property to the Property. The sewer lines and related improvements shall be sired 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 R iglu ry, 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 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 standard form of Developer's Agreement for Wastewater Service with the City, which agreement shall incorporate the provisions of this paragraph. c. Reserved Capacity. 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 opacity will be available at the time of development of the Property. The Developer shall be entitled to reserve water and sewer opacity, 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 Bumden 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 pardon of Hackney-Prairie Road referenced therein. (u) 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 front combining the Property and the Bumden 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 :o 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 Ciry a portion of the Property located adjacent to Prairie Lake for preservation of a continuous greenway, open space and recr lion 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 6 Developer acknowledges and agrees that the Preliminary and Final Subdivision Plans for the Property will show a continuous greenway, open space and recreation Property. The dedication of the Greenway Property shall be at the soli or U r. Di-ynioper and the Greenway Property shall be reserved for the foregoing uses on in-!' jilts 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 Greenwav Property, the Developer shall execute such other documents as may reasonably be tequ:ted 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 f ee 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 ataremendaned 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. SOMPLETION OFAACKNEy-PRAiiyE ROAD PROJECT. 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. OINT Pt NNIN •RF rRFFI 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 dared February II. 1994 between the City and Orange County, as it may be amended from dme 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 tnits/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. I FGAJ.FFFq. 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 FOR/VI. Any notices required or allowed to be celevered with respect to this Agreement shall be in writing and he deemed to be delivered 7 (whether or not actually received)when (I) hand delivered to the official hereinafter designated, or (2) upon deposit of such notice in the United States mail, postage. return receipt requested,addressed to the party at the address set forth cpp;m:; _,woe below, or at such other address or to such other person as the parry shop. Ss�. r - .n by written notice to the other party delivered in accordance herewith. DEVELOPER: Imperial Partnership P.O. Box 607307 Orlando, FL 32860-7307 CITY: City of Ocoee City Manager I50 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 parry 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 parry, including, but not limited to the right of specific performance. SECTION It 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 in Article LY - Concurrent. SECTION 13. COMPLIANCE WITH LAWS. The Developer shall comply with all applicable federal, state and loci 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. fOVENANT 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 a 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 ESSENCE. Time is hereby declared of the essence to the lawful performance of the dunes 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 necnsery 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 panics 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 Flonda. SECTION 22. SFVERABICITY. 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 FFF,S.. 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 ,. We attorneys' fees, paralegal fees, and costs hereunder, whether incurred p,:. _ or subsequent :o such court proceedings, on appeal or during any bankruptcy prr.-.rrrt.-_gs. 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 paters marine in the st.t;rrt matter of this Agreement. Amendments to and waivers of the provisions hcain shall be made by the pares 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. "CITY" Signed, sealed and delivered CITY OF OCOEE, in the presence of: a Florida municipal corporation By: s'gnamrO S. Scott Vandergrift, Mayor ?mat/Type Name Attest: Jean Grafton, City Clerk Sig®mre (SEAL) ?nnt/type Name FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this_day of , 199. FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON 199� By: UNDER AGENDA ITEM NO. City Attorney 10 STATE OF FLORIDA COUNTY OF ORANGE I III.REBY CERTIFY that on this day, before tm. in the Stateaforesaid and in the County aforaid to take acknowo ,,yer., cured es S. SCOTT p VANDERGRIFT and JEAN GRAFTON, erson tl,1vawn too f appeared r=^.ro h., iNxyc. and City Clerk, respectively, of the CITY OF OCOEE, a Ftnndz that they they severally acknowledged executing the same on t-h7 • . ^ it. - 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 ai,rt. State last aforesaid thy, day of , 1991 Signature of Nonsy Name of.Notary mos,n;mm or Sew,m C�x..tiov..we a...e: .ry c..mam -mm w o..o: 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 "DEVELOPER' IMPERIAL PARTii^in:.i.:. , Floida general parmership Signed, sealed and delivered By: WIT i TAM HARGREAVE.S in the presence of: CORPORATION, x Elon,1 corporation, as managing general partner / Sigmas. BYS.LI.ddab"�._ A4Zst.6A— Name: James H. cannon Alexander C. Mackinnon Print/Type Name Title: vice president 'CORPORATE SEAL2 2 Signamra Ellen T.All PnnuType Name And By: WARBURTONS ORLANDO, INC., a Florida corporation, as general partner /fl,• By: A JaL14121 A-vL Si aamae Name: James M. Canon Alexander C. Mackinnon Tide: 14 re arpsidenr Prinz/Type Name (7 (CORPORATE SEALI Sig3umn Ellen T. A6 Prin✓rype Name 12 STATE OF FLORIDA COUNTY OF ogAliri 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 n. Cannon as Vice President of WILLIAM HARGREAVES CORPORATION, a Florida corporadon, as managing general partner of IMPERIAL PARTNERSHIP, a Florida general partnership, who fxI is personally known to me or [ j produced as identification, and that he!she acimowledged 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 id._ day of ne,.,.w,r , 1996. Signamre of Notary Alexander C. Mackinnon Name of Notary(rypee.e,;m,.,,seemed) r men Number Of not bnble on any My Cool t cn&pins(if i t if lble oa ant: YY MIESC.AVCC4001 P�h Ml4YMKtII Ia.eCl,s oPlwe ras2+ee rf, t4cao ci,anna STATE OF FLORIDA COUNTY OF melMra I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the Stare and County aforesaid to tale acknowledgements, personally appeared James M. Canon as Vice President or WARBURTONS ORLANDO,INC., a Florida corporation, as general partner of IMPERIAL PARTNERSHIP, a Florida partnership, who k j is personally known to me or[ j produced as identification,and that he/she aclaowiedged executing the foregoing instrument on behalf of said corporation and said parmership, 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 crowd.Paine n sampan Camw.c.:none Or en I.pbk on w1: My C.®..e.E,y;n.firm I.ybn co,man: rv' AL£efdbam C.A 010N A MYOYBOI ICC AtTM4? ameo rommem t® reef,n Ms names I 13 :15 JQLNDER CONS!NT .am e.,,,. R __ The undersigned hereby certifies that GEORGE SL-t.PHEN STa L. u h,u holder of a mortgage,lien or other encumbrance upon a portion of the ahr-r.A^r.::rhe:• kcifimcf, and that the undersigned hereby joins in and consents to the fu&cgoing in.ntmn r r...,,.. ettm,:e Mental and agrees that the mortgage, lien or other enmmbrmm Pv 4r71,-.. PARTNERSHIP,a Florida general partnership, in favor of GEORGE STEM-kW STANLEY, in the original principal amount of 5195,000.00. which is recorder In c aacial lleurds Book 4251, Page 2387, of the Public Records of Orange County of Florida, shall be and hereby is subordinates to the foregoing instrument Signed, sealed and delivered in the presence of: s'w.m.. GEORGE STEPffi'N STANLEY Betty L. Cooper eneerrype Name /% P1 tah, &D ,4 r , flw.me. lr J. Robin Collier ?rim/Typo Name STATE OF FLORIDA COUNTY OF VOLUSid THIS IS TO CERTIFY,that an this _Oehday of December • 1996• before me, an office duly authorized o tale acknowledgeme= in the State and County aforesaid.personally appeared GEORGE STEPHE'Y STANLEY,who[ l is personally known to me or[t3.'pmtluaQ axideuttfiamm,and that he acknowledged executing the foregoing instrument for the purposes and uses therein descrbed. IN WITNESS WHEREOF, I have her unto set my hand and seal on the above date. J ..:. eEm.cao.w i cam / tzn:�'C.✓ r * aces r NOTARY PUBLIC -'�..nN• E,m...Mara aw Name: My Commission expires: AalliatuanullAsitolCIPO441 14 Leval Desedotiop The S W I/4 of the NW 1/4 of the SW I/4,except the North I2 :set 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» South.Range 23 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 snip along the North line of said lots being the South ' of a vacated street known as Hackney Prairie Road. Exhibit"A" {PHASE II) 15 Cenci Description The East 1/2 of the NE 1/4 of the SE 1/4; the West • 1/4 of the SE 1/4 less the South 500 feet; the West 1/3 it Inc NE 1/4 of the SE 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" :4 16 Bu:-nden _.6.. Jay. Agr_ — Hackney-Prairie Road Land 1 Exhibit C, Page 1 of 2 Pages LEGAL DESCRIPTION BURNDEN PARK ROADWAY ILL JAN 14 L CITY OF CCFEE LEGAL DESCRIPTION (ROAD) A PARCEL OF LAND LYING IN SECTION 4, TOWNSHIP 22 SOUTH. RANGE 29 EAST. BEING A PORTION OF THOSE LANDS DEPICTED IN PLAT 300K S, PAGE 120, OF THE PUBLIC RECORDS OF ORANGE COUNTY, BEING MORE PARTICULAR? DESCRIBED AS FOLLOWS' THE SOUTH 30.0 FEE' OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER Cr THE SOUTHEAST QUARTER AND THE NORTH 30.0 FEET CF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SEC"ON v TOWNSHIP 22 SOUTH. RANGE 29 EAST ORANGE COUNTY, FLORIDA. ollRvr.rr- Nnrrr, (I) REPRODUCTIONS OF THIS LE:AL DESCRIPTION ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. (2) 'THIS SKETCH AND OESCRIPPION WAS PREPARED WITHOUT THE BENEFIT CF A ins REPORT OR ABSTRACT AND MAY NOT DEPICT ALL OWNERSHIP. EASEMENTS. ENCUMBRANCES. AND OTHER INSTRUMENTS OF RECORDS. (3) THE DELINEATION OF LANDS SHOWN HEREON :S AS PER THE CLIENT'S INSTRUCTIONS. (1) THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A BOUNDARY SURVEY. AS SUCH. (5) THIS LEGAL DESCRIPTION iS CERTIFIED TRUE AND CORRECT TO' D ROLE? AND LARDNER 2) IMPERIAL PARTNERSHIP 3) CITY OF OCOEE ;AmCHARLES 3. GARDINER III FLORIDA PROFESSIONAL LAND SURVEYOR NO. 5046 THIS IS NOT A SURVEY EE ./7e REPSoccoBy, Ja G� I i aEG9wuuc'N 9EE'Ai &n K OS ANO SoPm AC c I2-24-1996 ALL AMEI ftW iCalE .NA,A PLOW. new mvpzl-nm I CIF/MICA r 6 AUMOTEA non I(G Cl! MEE _or 2 17 -Minden Park, Phasee II, Dev. Agr Hackney-Prairie Road Land Exhibit C. Page 2 of 2 Pages SKETCH OF DESCRIPTION BURNOEN PARK ROADWAY ._- Jj I ?, lCnrC1�J '1 11 JAY 1 4 9c7 1L 1 CIT7 OF OcaccE I :::Nnr T . TOWNSHIP PANGE $E SEC • SECTION I'no0' I aR.9. • OFFICIAL RECORDERS 300K • __ -/d NE 1/4, Sr i/E co 70 CtWK iO4D ITO AP0PCA-VINELTND RD oI - NE SE I/• NE I/=E 1/ SEC I_+-T22S-R29E — `---TZby LINE vE /4 LE :/•. SE ./4 SE_, _ S-R29E E ,11 1 W/ s00 !C T F SAY O8$ 496R PG. 17.96 NE i/4, 1/-" SE 1/E THIS IS NOT A SURVEY REPS32-519 -.9. 9.G. a5. a 12-N-�9 too - Z 2 18 uJounIo 11:27 '7• 12 407243 'e ;T,$ LlY1:.•o^ oava33: SKETCH OF DESCRIPTION THIS IS NOT A BOUNDARY SURVEY EHHISIT "0" (Page 1 of 2) Luc onervvor err ton nau t. 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VC .a< .c....� a�"Ia anal...• • `1.•n MKMaa.a TU A •.cn..111:21nim N lPAV1.4MO SYwKYOR Ioar l PIRC•t111104AL WO W ar11 20 City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: January 7. 1997 Case Numb..:: -_-,__ ; ?,3-0.4 This form is used to evaluate annexation requests to determine the feasibility of providing ums:) ..rr,. to individual properties. Each department has filled in the appropriate section and the ..1e summarized below. I. Planning Department: Horne/Wagner A. Applicant(s): Bob Cantu, Professional Design Associates for Imperial Partnershi, Contact Phone#: 407-841-0055 B. Property Location: 1. Parcel Id. No.: 04-22-29-4448-00-040' 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: fsee 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 dual 5. Consistent With: Comp Plan? yes JPA? yes 6. Comp Plan Amendment Required? No When? n/a II. Fire Department: Chief Strosnider A. Estimated Response Time: 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 Deparlment. Proposed water main extensions to this area will provide adequate flow • Page 1 • City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: January 7, 1997 Case N r ° ?9-04 Ill. Police Department: Chie`l:' 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: Home 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? yes 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 a.o.d. per home or 12 900 ap.d. 5. Can City Service this Property? yes 6. Extension Needed? yes 7. Developer Agreement Needed? yn 8. City Cannot Service Now or in the Future (check here): n/a B. Sanitary Sewer Issues: 1. In Ocoee Service Area? yes 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 a n d. per home or11 610 g.p.d. 5. Can City Service this Property? yes 6. Extension Needed? yes 7. Developer Agreement Needed? yes 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: r'.i .,4 C. Other Utility Issues: Shirah„or..in 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? yes 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 concurrence at the time of subdivision approval and capacity will be determined at that time. B. Parks/Recreation: (same comment as abovel C. Sewer/Water Capacity: (same comment as abovel D. Other Issues: Drainage and Solid Waste VIII. Building Department- Flippers Harper A. Anticipated Licenses & Permits: unknown. 9. Within 100 year flood plain: a large portion of the lakefront. C. Potential Impact Fees: unknown. IX. Specify Other Comments & Considerations Below: C.AH PDFI LEANX-REDAXIZ-NOVWBURNDEN\BPK-AN FLNPD • Page 3 ■ City of Ocoee Planning Department VS__ VS4C-VMMI Burnden Park Annexation and Rezoning (Case No. AR-95-08-04) i _ i _ i _ i ,mac . f. -- — _-. .-.:n:ec mvi322-tz mrcs .co_ - . .. T'. iY i_evi _....I :s i_- ilr Mi . _ — ei .___. — i Prairie Lakes r 5w'.:m,�'C-�'''a: O - Subdivision Sawmill -AAAAle• _' m i Subdivision . s . it:i• O _ __ d Subject —a.=.ii-i.-"__--:+.:::::::�_ : �t`mxJ Property ^ M- m - �T!i U1 - i S PIIAI TEA s Hackney Prairie Road — .� 1 Forest Oaks ---- Subdivisio J 1'1 IL '>• fillIMI wt. — Silvestri II t_ — PUD I x_a lie _ Mims Road - Legend: Case Number: AR-95-08-04 V IIM lih.. Subject i �z Ocoee City Orange Outside of Property Limits County JPA North C:W HPDFILE ANX-REZWIZ-NO W iBURNDEMBURN-G2.FRM