HomeMy WebLinkAboutVII (A1) First Reading of Ordinance No. 98-03, Case #AR-97-07-07, Grafton Annexation Agenda 1-20-98
Item VII Al
"CENTER OI'(i000 LIVING- PRIDE O1' HEST ORANGE" MAYOR•COMMISSIONER
S. SCO IT VANDERGRIIT
Ocoee
o`� CITY OF OCOEE COMMISSIONERS
•� • O DANNY II(Rb I!LI.
150 N. LAKESIIORE DRIVE S(OI I ANDLRSON
SCOPI A GLASS
v • 0 OCOLL, FLORIDA 34761-2258 NANCY P. PARKER
(407)656-2322
CnEMANAOER
F* Of GOO ELLIS SHAPIRO
STAFF REPORT
DATE: January 14, 1998
TO: The Honorable Mayor and City Commissioner
FROM: Abra E. Home, AICP, Senior Planner ]THROUGH: Russell B. Wagner, AICP, Director of Planning �.1�
SUBJECT: Grafton Annexation Ordinance(Case Number AR-97-07-07)
ISSUE:
Should the Honorable Mayor and City Commissioners approve Ordinance Number 98-03 annexing the
Grafton property and execute the attached Annexation Agreement?
BACKGROUND:
The subject property is located on the southeast corner of Fuller's Cross Road and Ocoee-Apopka Road.
The 98 acre parcel contains a single family house and six accessory use buildings (a barn, multi-purpose
building, pump house, storage building, shed, green house, and vehicle storage building). Although the
property has been in the Grafton family for 60 years, it was leased to the Chevron Corporation for
pesticide research for 30 years. The Grafton's have indicated that an environmental assessment of the
property found it to be free of any chemical contamination. The existing use is a tree farm and the
Grafton's anticipate selling the property for development as a single family subdivision, if the annexation
and attached R-1A rezoning request are approved.
With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the
authority to annex contiguous, compact, non-circuitous territory so long as it does not create an enclave.
The requested annexation satisfies the above criteria.
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 stated that they have no
objections. The requested annexation is consistent with the JPA Agreement, State annexation criteria,
and the standards established by the City.
DISCUSSION:
Staff has completed the attached Annexation Feasibility & Public Facilities Analysis based upon the
projected impacts of a single family subdivision. We have determined that the City can adequately
provide a full range of urban services to the subject property, pending certain infrastructure improvements.
As with all new developments in Ocoee, the developer may be required to make certain improvements
before subdivision approval, as appropriate. For example, there are no potable water and wastewater lines
nearby so the developer will need to extend and improve these facilities to service this property as part of
development approval.
The Honorable Mayor and City Commissioners
January 14, 1998
Page 2
As part of the annexation approval, the owners have executed their portion of the attached Annexation
Agreement which requires that, within 60 days of a written request from the City of Ocoee, the property
owners will:
1) Convey any additional amount of right-of way necessary to create a total 100 foot wide right-of-way
adjacent to the subject property along Ocoee-Apopka Road.
2) Convey an additional 20 feet (measured from the centerline)of right-of way adjacent to the subject property
along Fuller's Cross Road. This additional right-of-way represents the Grafton's half of the right-of-way
needed to create a total 100 foot wide right-of-way for Fuller's Cross Road to accommodate future road
widening.
3) Convey a drainage and maintenance easement not to exceed 50 feet in width for the existing ditch
extending along the north end of the property adjacent to Fuller's Cross Road (when combined with the
existing drainage ditch).
The 1997 assessed value of the property is $99,103.00 and the projected City of Ocoee ad valorem tax
revenue would be $155,200.00 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.
DEVELOPMENT REVIEW COMMITTEE MEETING:
On December 17, 1997, the Development Review Committee (DRC) met to consider the Grafton
Annexation request. Staff unanimously recommended that the Planning and Zoning Commission
recommend approval of the requested annexation.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
On January 13, 1998, the Planning and Zoning Commission held a de novo public hearing regarding the
Grafton Annexation. The Planning and Zoning Commission Members expressed concern that the subject
property may be contaminated from Chevron's pesticide testing. In response to their concerns, Milton
West, owner's agent, addressed the Planning and Zoning Commission. Mr. West said that although he
had not seen it, Joseph Grafton had an environmental assessment from Chevron that certifies that the
property is not contaminated. After this brief discussion, the public hearing was opened and Mr. Smith,
Homeowner's Association President for Crown Point Woods, spoke. Mr. Smith said that Crown Point
residents are concerned about: (1) the need to widen Ocoee-Apopka Road; (2) the affect of the proposed
Annexation and subsequent development on their property values; (3)the number of lots permissible after
Annexation and Rezoning; and (4) the need for a homeowner's association when the property is
developed. Chairman Switzer responded to one of Mr. Smith's concerns by stating that the City requires
that each new subdivision have a homeowner's association. Russ Wagner, Director of Planning,
responded to the other issues by saying that: (1) Orange County plans to widen Ocoee-Apopka Road,
north of Fuller's Cross Road; (2) he already had plans to discuss the continuation of the Ocoee-Apopka
Road project, south of Fuller's Cross Road, with David Heath, Orange County Planning Director; (3) the
Annexation Agreement requires that the property owners provide additional right-of-way to accommodate
the widening of Ocoee-Apopka Road; (4) development of the Grafton property would be of a high quality;
and (5) the proposed density was consistent with other recent Ocoee rezonings. Based upon the above
discussions, the Planning and Zoning Commission voted unanimously to recommend approval of the
requested Annexation, pending City Commission approval of the Annexation Agreement, as
recommended by Staff.
STAFF RECOMMENDATION:
The Planning Department recommends that the Honorable Mayor and City Commissioners approve
Ordinance Number 98-03, pending the execution of the attached Annexation Agreement.
Attachments: Annexation Feasibility&Public Facilities Analysis
Location Map
Annexation Agreement
H AALL_DATA\CAPDF ILE\Staff Reports\CC SR\SR98004.Doc
City of Ocoee Planning Department
Annexation Feasibility & Public Facilities Analysis
Date: December 15 1997 Case Number: ,R-97-07-07 (Grafton)
This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual
properties. Each department has filled in the appropriate section and the findings are summarized below.
I. Planning Department Horne/ Wagner
A. Applicant(s): T. Milton West
Contact Phone#: 656-6040
B. Property Location:
1. Parcel Id. No.: 07-22-28-0000-00-001
2. Street Address: 1441 Ocoee-Apopka Road
3. Legal Description: fsee application)
4. Directions: SEC of Fuller's Cross Road and Ocoee-Apopka Road
5. Size: t97.93 +/-
C. Use Characteristics:
1. Residential Units: theoretically 388
2. Projected Population: theoretically 1 280
3. Existing Use: agricultural property
4. Proposed Use: low density subdivision
D. Zoning Classifications and Future Land Use (FLU) Designations:
1. Orange County Zoning Classification: A-1, Citrus Rural District and R-CE
Residential Country Estates (1 du/acre) District.
2. Orange County FLU Designation: Rural/Agricultural (<1 du/acre)
3. Requested City of Ocoee Zoning Classification: R-1A. Single Family
4. Proposed City of Ocoee FLU Designation: Low Density Residential
5. Consistent With: Comp Plan? Yes JPA? Yes
6. Comp Plan Amendment Required? No
II. Fire Department: Chief Strosnider
A. Estimated Response Time: 3-4 minutes
B. Distance Traveled (to property): 3 miles
C. Nearest Fire Hydrant: At the intersection of Ocoee-Apopka Road and Palm Drive.
D. Fire Flow Requirements: Inadequate
E. Comments: There is no existing water supply in this area. Water mains will need to be
extended to this area to provide fire protection as part of the site plan approval process.
Ill. Police Department Chief Mark
A. Estimated Response Time: 10 minutes
B. Distance Traveled (to property): 3 miles
C. Police Patrol Zone: 12
• Page 1 •
City of Ocoee Planning Department
Annexation Feasibility & Public Facilities Analysis
Date: December 15. 1997 Case Number: AR-97-07-07 (Grafton)
IV. Finances: Home
A. 1997 Orange County Assessed Value: $99,103.00
B. Estimated City of Ocoee Ad Valorem Tax Revenue (if annexed): $155.200.00
C. Anticipated Licenses & Permits: $185,000.00
D. Total Projected Revenues: $284.103.00
V. Utilities: Shira
A. Potable Water Issues:
1. In Ocoee Service Area? Yes.
2. Distance to Nearest Line? There are two possible connection points (1) Palm
Drive and Ocoee-Apopka - extend 12" line: (2) Nicole and Adair- extend 14" line).
3. Size of Water Main? 12"/ 14"
4. Est'd Water Demand? 300 g.p.d. per 388 ERU's = 116,400 g.p.d.
5. Can City Service this Property? Yes, with line extensions. as part of the site plan
approval process.
6. Extension Needed? Yes.
7. Developer Agreement Needed? Yes, as part of the site plan approval process.
B. Sanitary Sewer Issues:
1. In Ocoee Service Area? Yes.
2. Distance to Nearest Line? There are two possible connection points. (1) Palm
Drive and Ocoee-Apopka - extend 12" line' (2) Nicole and Adair- extend 14" line).
3. Size of Sewer Main? 12"
4. Est'd Sewer Demand? 270 g.p.d. per 388 ERU's = 104 760 g.p_d.
5. Can City Service this Property? Yes, with line extensions by developer as Dart of
the site plan approval process.
6. Extension Needed? Yes.
7. Developer Agreement Needed? Yes , as part of the site plan approval process.
C. Other Utility Issues: Shira
1. Utility Easement Needed? Yes 50 foot wide drainage easement needed along
existing drainage canal (when combined with existing canal).
2. Private Lift Station Site Needed? Need to look at surrounding area for master lift
station as part of the site plan approval process.
3. Well Protection Area Needed? No.
4. Other Comments: None.
• Page 2 •
City of Ocoee Planning Department
Annexation Feasibility & Public Facilities Analysis
Date: December 15 1997 Case Number AR-97-07-07 (Graftonl
VI. Transportation. Friel
1. Paved Access to Property? Yes.
Describe: Via Ocoee-Apopka Road and Fuller's Cross Road.
2. ROW Dedication? Yes.
Specify: Need a total of 100 feet of right-of-way along both Ocoee-Apopka Road and
Fuller's Cross Road to accommodate future widening.
3. Traffic Study: Possibly , as part of the site plan approval process.
4. Traffic Zone: 2
5. Other Traffic Improvements Needed: Possibly , as part of the site plan approval
process.
VII. Preliminary Concurrency Evaluation: Friel
A. Transportation: There are no existing deficiencies in any infrastructure/ services which
this project would impact.
B. Parks/Recreation: There are no existing deficiencies in any infrastructure/ services
which this proiect would impact.
C. Sewer/Water Capacity There are no existing deficiencies in any infrastructure/ services
which this project would impact.
D. Stormwater: This property is identified in the Comprehensive Plan as potentially impacting
the Northwest Ditch System. Drainage easements needed (see above). Stormwater desian
is handled on a case-by-case basis as part of the site plan approval process.
E. Solid Waste: There are no existing deficiencies in any infrastructure/ services which this
proiect would impact.
F. Other Issues: None
VIII. Building Department: Flipped Harper
A. Anticipated Licenses & Permits: $185,000.00
B. Within 100 year flood plain: No, property may have wetlands (to be determined during the
site plan approval process).
C. Potential Impact Fees: $1,096,488.00
IX. Specify Other Comments & Considerations Below:
Apart from the right-of-wayand easement dedications, all other issues discussed in this report will need
to be assessed as part of the site plan approval process
Please note that this site was used as a pesticide testing facility. Accordingly an environmental
assessment may be required as part of the site plan approval process.
CULL DATAUHPDFILEUNX-REZWGTIVE\GRAFTON\GRFT ANF WPT
• Page 3 •
Grafton Annexation
located on the southeast corner of
Ocoee-Apopka Road and Fuller's Cross Road
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Legend: Case No.: AR-97-07-07
Joint Planning Area Boundary N
rki Ocoee City Limits A
0 1/4 1/2 3/4 1 Mile
THIS INSTRUMENT PREPARED BY:
Martha H. Formella. Esq.
FOLEY & LARDNER
Ill North Orange Avenue, Suite 1800
Orlando. Florida 32801
407/423-7656
AFTER RECORDING RETURN TO:
Marian Green. Deputy City Clerk
CITY OF OCOEE
150 North Lakeshore Drive For Recording Purposes Only
•
Ocoee. Florida 34761
407/656-2322
Case No.: AR-97-07-07
ANNEXATION AGREEMENT
[ RIGHT-OF-WAY CONVEYANCE ]
THIS ANNEXATION AGREEMENT (this "Agreement") is made this day of
. 1998, by and between the CITY OF OCOEE. a Florida municipal corporation
thereinafter referred to as the "City"), whose mailing address is 150 North Lakeshore Drive,
Ocoee. Florida 34761, and FRANCIS R. GRAFTON, whose mailing address is 610 E. Silver
Star Road, Ocoee, Florida 34761, JOSEPH R. GRAFTON, whose mailing address is 1003
Harbour Island Road, Orlando, Florida 3 2 809-30 12, M. JEAN GRAFTON, whose mailing
address is 452 S. Lakewood Avenue, Ocoee, Florida 34761, RUTH FLORA GRAFTON,
whose mailing address is 25 7th Street, Ocoee, Florida 34761, and MABEL MARIE
GODWIN, whose mailing address is 607 Romano Avenue, Orlando, Florida 32807 (hereinafter
collectively referred to as the "Owner").
RECITALS
WHEREAS, the Owner owns fee simple title to certain property located in Orange
County, Florida, said property being more particularly described in Exhibit "A" attached hereto
and by this reference made a part hereof (the "Property"); and
WHEREAS, pursuant to Section 171.044, Florida Statutes, the Owner has petitioned the
City Commission of the City (the "Ocoee City Commission") to voluntarily annex the Property
into the corporate limits of the City (the "Petition"); and
WHEREAS, the Planning and Zoning Commission has held a public hearing to review
the Petition and at such hearing found the annexation of the Property to be consistent with the
Ocoee Comprehensive Plan, including the Future Land Use Map and the Joint Planning Area
Agreement (the 'IPA Agreement"), and has recommended that the Ocoee City Commission
annex the Property into the corporate limits of the City; and
WHEREAS, the City has required that the Owner execute this Agreement as a condition
precedent to the consideration of the Petition by the Ocoee City Commission; and
WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and
found the proposed annexation to be consistent with the Ocoee Comprehensive Plan and the JPA
Agreement and to represent a minimal fiscal and level of service impact on the City, with the
exception of adequate right-of-way along Ocoee-Apopka Road and Fullers Cross Road, both
located adjacent to the Property; and
WHEREAS, the City has determined that the execution of this Agreement is essential
to the public health, safety, and welfare and the ability of the City to plan for necessary
infrastructure improvements and the provision of municipal services to the Property in
accordance with the Ocoee Comprehensive Plan; and
WHEREAS, the City has determined that, subject to the terms, conditions, and
limitations hereinafter set forth, it is feasible to extend municipal services to the Property on the
same terms and conditions afforded to all property owners within the City except to the extent
set forth in this Agreement; and
WHEREAS, the City has conducted an Annexation Feasibility & Public Facilities
Analysis with respect to the annexation of the Property and determined that this Agreement and
the annexation of the Property is consistent with the goals, objectives, and policies of the Ocoee
Comprehensive Plan.
NOW, THEREFORE, in consideration of the mutual premises hereof, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
SECTION 1. RECITALS. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. CONVEYANCE OF RIGHT-OF-WAY. Within sixty (60) days from
the date of written notice from the City, the Owner shall convey and dedicate to the City that
portion of the Property adjacent to Ocoee-Apopka Road sufficient to create a total road right-of-
way one hundred (100) feet in width when added to the existing right-of-way (the "Ocoee-
Apopka Road Right-of-Way Property"). Within sixty (60) days from the date of written notice
from the City, the Owner shall convey and dedicate to the City that portion of the Property
adjacent to Fullers Cross Road lying within fifty (50) feet of the centerline of Fullers Cross Road
(the "Fullers Cross Road Right-of-Way Property"). The Ocoee-Apopka Road Right-of-Way
Property and the Fullers Cross Road Right-of-Way Property will hereinafter be referred to
collectively as the "Right-of-Way Properties." Within thirty (30) days from the date of written
notice from the City, the Owner shall provide to the City a Sketch of Description, including
metes and bounds legal descriptions of the Right-of-Way Properties. Such dedication shall be
at the sole cost of the Owner and the Right of Way Properties 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(s) shall be prorated as of the day before the acceptance of the
conveyance(s) by the City and the prorated amount shall be paid by the Owner and shall be
2
escrowed in accordance with the provisions of Section 196.295, Florida Statutes. In addition,
the Owner shall provide the City with a current title opinion or a current title insurance policy
evidencing the unencumbered ownership of the Right-of-Way Properties or the appropriate
releases for the Right-of-Way Properties. Neither the Owner nor any person or 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 Properties as set forth above.
SECTION 3. CONVEYANCE OF DRAINAGE EASEMENT. Within sixty (60)
days from the date of written notice from the City, the Owner shall grant to the City a perpetual
non-exclusive drainage easement (the "Easement") over, under, and across a portion of the
Property adjacent to and including the existing drainage ditch along the northern boundary of
the Property adjacent to Fullers Cross Road not to exceed fifty (50) feet in width (the "Easement
Area"). Within thirty (30) days from the date of written notice from the City, the Owner shall
provide a Sketch of Description, including a metes and bounds legal description, of the Easement
Area. The granting of the Easement shall be at the sole cost of the Owner. The Easement shall
be in form and substance satisfactory to the City. The Owner shall provide the City with a
current title opinion or a current title insurance policy evidencing unencumbered ownership of
the Easement Area or the appropriate consents. In connection with the development of the
Property, the Owner may relocate the Easement at the sole cost of the Owner, subject to review
and approval by the City of plans for the relocated easement, which approval shall not be
unreasonably withheld.
SECTION 4. ANNEXATION OF THE PROPERTY: INITIAL ZONING. Prior
to the execution of this Agreement by the City, the Ocoee City Commission has adopted
Ordinance No. 97- for Case No. AR-97-07-07, [hereby redefining the corporate territorial
limits of the City to include the Property.
SECTION 5. NOTICE: PROPER FORM. Any notices required or allowed to be
delivered shall be in writing and be deemed to be delivered when (1) hand delivered to the
official hereinafter designated, or (2) upon receipt of such notice when deposited in the United
States mail, postage prepaid, certified mail, return receipt requested, addressed to the party at
the address set forth opposite the parry's name below, or at such other address as the party shall
have specified by written notice to the other party delivered in accordance herewith.
OWNER: Grafton Partnership
Managing Partner
1003 Harbour Island Road
Orlando, Florida 32809-3012
CITY: City of Ocoee
City Manager
150 North Lakeshore Drive
Ocoee, Florida 34761
SECTION 6. 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
3
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 7. BINDING AGREEMENT ON SUCCESSORS. This Agreement shall
be binding upon and shall inure to the benefit of the Owner, the City, and their respective
successors and assigns.
SECTION 8. RECORDATION. The parties hereto agree that this Agreement shall
be recorded in the Public Records of Orange County, Florida, at the expense of the Owner.
SECTION 9. 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 10. SEVERABILITY. If any part of this Agreement is found invalid or
unenforceable by any court, such invalidity or unenforceability shall not affect the other part of
this Agreement if the rights and obligations of the parties contained therein are not materially
prejudiced and if the intentions of the parties can continue to be effected.
SECTION 11. RECOVERY OF ATTORNEYS' COSTS AND FEES. In connection
with any litigation between the City and the Owner, including appellate proceedings arising out
of this Agreement or the violation of any law, rule, regulation, ordinance, resolution, or permit,
the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees,
paralegal fees, and costs hereunder, whether incurred prior to, during, or subsequent to such
court proceedings, on appeal, or during any bankruptcy proceedings.
SECTION 12. ENTIRE AGREEMENT. This instrument and its exhibits constitute
the entire Agreement between the parties and supersedes all previous discussions,
understandings, and agreements between the parties relating to the subject matter of this
Agreement. Amendments to and waivers of the provisions herein shall be made by the parties
in writing by formal amendment which shall be recorded in the Public Records of Orange
County, Florida at the Owner's expense.
SECTION 13. EFFECTIVE DATE. This Agreement shall first be executed by the
Owner and submitted to the City for approval by the Ocoee City Commission. Upon approval
by the Ocoee City Commission, this Agreement shall be executed by the City. The Effective
Date of this Agreement shall be the date of execution by the City.
SECTION 14. COUNTERPARTS. This Agreement and any amendments hereto may
be executed in any number of counterparts, each of which shall be deemed an original
instrument, but all such counterparts together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed the
day and year first above written.
4
"CITY"
Signed, sealed and delivered CITY OF OCOEE,
in the presence of: a Florida municipal corporation
By:
signature S. Scott Vandergrift, Mayor
Attest:
Prim/Type Name Marian Green, Deputy City Clerk
(SEAL)
Signature
PrinuType Name
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING
APPROVED AS TO FORM AND LEGALITY HELD ON , 1998
UNDER AGENDA ITEM NO. ,
this day of , 1998.
FOLEY & LARDNER
By:
City Attorney
5
IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed
the ( day of Jf ,Ltpk.,4L/ , 1997.
"OWNER"
Signed, sealed and delivered
in the presence of:
Signature abet M ie odwin
Al; PivN tuc 5t
Print/Type Name
Signature[
Print/Type Name
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to take acknowledgements, personally appeared Mabel Marie
Godwin, who [,/]is personally known to me or [ ] produced
as identification, and that he/she acknowledged executing the foregoing instrument for the
purposes and uses therein described.
WITNESS my hand and official seal in the County and State last aforesaid this
day of kai,c.ru_P: c , 1997 .
•
AcCiii—
Signature of Nit" OctoontuAnn,p;a,
* r *Ntt Commissar CC6sa27d
se,Ep es June 23,2001
Name of Notary (aped. Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
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 MIARIAN GREEN, personally known to me to be the Mayor
and Deputy 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 , 1998.
Signature of Notary
Name of Notary Typed. Printed or Stamped)
Commission Number of not legible on seal):
Aly Commission Expires(if not legible on seal):
o'
Signed. sealed and delivered
in the presence of:
Signature Francis R. Grafton
r-a ) 1ues7
Print/Type Name
Signature
It\Ret'fv� �. See
Print/Type Name
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to take acknowledgements, personally appeared Francis R.
Grafton, who k4 is personally known to me or [ J produced
as identification, and that he/she acknowledged executing the foregoing instrument for the
purposes and uses therein described.
WITNESS my hand and official seal in the County and State last aforesaid this
iG day of iLtCzncfttt , 1997 .
/01 U-ezutyit. �if-Kt� /2 ecE2.
Signature 0rTs°41 +ame Fine
*A. r*MY Caves/Eke CC858274
N,.,Expires June 23,2001
Name of Notary (Typed. Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
8
Signed, sealed and delivered
in the presence of: (M
teir, UGco
] V
Signature M. lea Grafton
Ju D,E Zsc ,i
Print/Type Name /�J
Gl/77/A6 bCL/ii,.
Signamre
rekl) (<35 NEC(__
PrinuType Name
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to take acknowledgements, personally appeared M. Jean
Grafton, who [v] is personally known to me or [ ] produced
as identification, and that he/she acknowledged executing the foregoing instrument for the
purposes and uses therein described.
WITNESS my hand and official seal in the County and State last aforesaid this
/S' day of �'.cc.4.,„,(<zL, , 1997 .
Si¢hature of Notary
•
o�u D/E Z,Ecthi
•
Name of Notary (Typed. Printed or Stamped)
Commission Number(if nut legible on seal): CSC/;/7/3/e
My Commission Expires(if nor legible on seal): *7. /9999
•
Signed, sealed and delivered
in the presence of:
1 /-li2J/ --0- r •- ..---54‘7.1,—t.
Signature Ruth Flora Grafton
Prinl/Type Name
Signature
f A-cXM s t. S t cent-r)
Print/Type Name
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to take acknowledgements, personally appeared Ruth Flora
Grafton, who [ is personally known to me or [ J produced
as identification, and that he/she acknowledged executing the foregoing instrument for the
purposes and uses therein described.
WITNESS my hand and official seal in the County and State last aforesaid this
1Cl day of LC((it_na.e_tA- , 1992. ,r
i(C4-' 6%iLc�i>4�.1 d� iCC-.L
Signature ��On"niss ,C°
entrees June y,{,2001
Name of Notary (Typed. Printed or Stamped)
Commission Number(if nor legible on seal):
My Commission Expires(if not legible on seal):
10
Signed, sealed and delivered
in the presence of:
n
AU 4,,,,i _
Signature `os�ph R. G hon � t ��
/I
dill` I-6) GJe " I
•
PrinUType Name
Signature
nv,„„,,> . .i e-t e.,a
PrinUType Name
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and ounty aforesaid to take acknowledgements, personally appeared Joseph R.
Grafton, who [vJ is personally known to me or [ ] produced
as identification, and that he/she acknowledged executing the foregoing instrument for the
purposes and uses therein described.
WITNESS my hand and official seal in the County and State last aforesaid this
Cf day of ,LL('f rv_-(t-t-z_ , 1991.
/S.Lto..t.aL l int t2tDJ
Signature pl'y}�'p M�isnne Am
•4* amccezena
�.to Ex a 6pnes June 23,2001
Name of Notary (Typed, Pnnted or Stamped)
Commission Number(if not legible on seal):
My Commission Expires fif not legible on seal):
11
SHEET 2 OF 2
SKETCH OF DESCRIPTION N
NOT A BOUNDARY SURVEY
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LEGEND -a\
SEC SECTION -
CUR CORNER '
CIR CENTER J \'
P9 PLAT BOCK 1
PGS PAGES \
DC ORANGE COUNTY
C CENTERLINE +
SR STATE ROAD I
SH SHEET
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1310.09'
S871502•'N 1359.97'
SE COR
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C'R SEC 7-22-29 5£C ]-22-28
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HARLIN G I HEREBY CERTIFY: That the Sketch of Description
shown hereon conforms to the MINIMUM TECHNICAL
LO C KLI \ _ STANDARDS FOR LAND SURVEYORS IN THE STATE OF
FLORIDA in accordance with Chapter 61017-6, Florida
Administrative Code.
(& ASSOCIATES. INCH The Surveyor has not abstracted the lands shown
LB No. 2910 hereon for easements and/or rights of way of record.
CONSULTING ENGINEERS This Sketch does not constitute a boundary survey.
PLANNERS • SURVEYORS SCALE DRAWN BY CHECKED BY
1 650 GOURMAND STREET _. 1" = 30U' __....__ _MR9 ^^ ..^ 1i 1 P. 1
r&A1D11 "A-
SKETCH OF DESCRIPTION SHEET 1 of 2
NOT A BOUNDARY SURVEY
DESCRIPTION
That portion of Section 7, Township 22 South, Range 28 East. Orange County, Firida described
as follows:
Commence at the North 1/4 corner of aforesaid Section 7; thence South 01'22'35" West
along the West line of the Northeast 1/4 of Section 7 for 30.01 feet to the South line of the North
30.00 feet of Section 7 and the southerly right—of—way line of Fullers Cross Road as shown on
Orange County Band Project Book Number 5. sheets 5 and 6: thence South 89'50'45" East
along said South line and southerly right—of—way line for 1280.94 feet to the East line of the West
1/2 of the Northeast 1/4 of aforesaid Section 7; thence South O'45.45' West along said East
line for 2431.28 feet to the East—West center section line; thence South 8715'O2" West along
said center section line for 1359.97 feet to the easterly right—of—way line of Ocoee Apopka Road
(formerly State Road No. 437) as shown in Road Plat Book 1. Pages 119 through 126 of the
Pubiic Records of Orange County, Florida: thence along said easterly right—of—way line the
following courses: run North 1617'16" West for 627.90 feet: thence North 16'00'04"
West for 1000.00 feet: thence North 15'24'56" West for 407.21 feet: thence North
07'30'17" 'Nest for 548.37 feet to the South line of the North 30.00 feet of aforesaid Section
7 aria the southerly right—of—way line of Fullers Cross Road; thence South 89'5i53" East
along said South line and southerly right—of—way line for 741.45 feet :o the Point of Beginning.
Containing 27_23 acres, more or less.
HARLING I HEREBY CERTIFY: That the Sketch of Description
shown hereon conforms to the MINIMUM TECHNICAL
LO C KLIN STANDARDS FOR LAND SURVEYORS iN THE STATE OF
FLORIDA in accordance with Chapter 61G17-6, Florida
Administrative Code.
(& ASSOCIATES. INC.) The Surveyor has not abstracted the lands shown
LB No. 2910 hereon for easements and/or rights of way of record.
CONSULTING ENGINEERS This Sketch does not constitute a boundary survey.
PLANNERS • SURVEYORS SCALE I DRM.t 9v MRS OiEQ(EO BY I �..._.
t 850 COURTLLAND STREET
ORDINANCE NO. 98-03
CASE NO. AR-97-07-07: GRAFTON PARTNERSHIP
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO
THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 97.93 ACRES LOCATED
SOUTHEAST CORNER OF OCOEE-APOKA ROAD AND FULLER'S CROSS
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 CONFLICTS;
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 cf Ocoee, Florida ("the Ocoee City Commission") to
annex said reai 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 City Commission of the City of Ocoee, Florida 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 City Commission of the City of Ocoee, Florida, 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 City Commission of the City of Ocoee. Florida. hereby finds that the
annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the
Joint Planning Area Agreement and meets all of the requirements for annexation set forth in the
Ocoee Comprehensive Plan, the Joint Planning Area 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 day of , 1998.
ATTEST. APPROVED:
CITY OF OCOEE, FLORIDA
Marian Green, Deputy City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED Thursday, January 8, 1998
ADVERTISED Thursday, January 15, 1998
READ FIRST TIME January 20, 1998
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 , 1998.
FOLEY & LARDNER
By:
City Attorney
i Sh:?C:i CF CESCRIP TICK a¢- : 5.5
NCi A iCUNCARRY SURVE.
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Exhibit A
Grafton Annexation
Iccct ed art the scuthes corner of
Cccee-.Apcokc Sccd and Fuller's Cress Road
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Legend:
_ Ooze Na : AR-97-,97-p7
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Exhibit B
— CRY OF OCOEE
• NOTICE OF PU JC XEAMNO TO '
CONSIDER ADOPTION
'Me Orlando Sentinel • CIF
ORDI CCE'.o.Im-+.
CASE NC.Y14IA-071G fl '
NOTICE IS HEREBY GIVEN Y&Wu 10E041 vtd 171.044,Ronda
Published Doily %MOM.and Sodom I-ID Yd1E,ComeLard Dmlca eet Coda.mad on Tue
$373. 20 °r�°r` sICNNMII906 at ridd S PUOL IW NG eeC CUnmeece practlaJ.to�OMM M
eve.ICO Mod IaYaalva cow.DawTWa to weeder m the mead 01 Me
ra ns aoMonanew prA 0N+rcK
Mate Of,glorlbA .NORMNANCE pE OP
wpOfQ FLORIDA,w+NmEOMromL
CORPORAR Yypa OP TIE CRY Of OCO[L 0.0 CERTAIN REAL
S,S. Bg E�},Y cONMININO AepeoxiWT:LY a).N ACRE9 LOC>TEO
•COUNTY OF ORANGE 'RiOAD MANT ° @ocOEtuowu RDADANO wuE PROPERTY
R PERTY
OWN wRENDI G Tie ANNYunON TO BE CON BY THE WITH
OWNERS; MPREH NSI ANNEXATIONO00ECONSISTENT wND THE
OCNT COMPREHENSIVE NENBM PLAN,TICEN[PROVIDING
CITY CODE.AND THE
Before the undersigned authoritypersonallyappeared Donna Shaver JOINT unewwo Of OAFFICIAL
ERW;PROEONADI ECMOBOO
9 PP MO
on,CLERK;PROOVIIDEGR FORR SEYFCITY�RABIEY�TY;PROVIDING
IINNCON-
who on oath says $BTEHT DROP/MORE PROVIDING FOR Y1 EFFECTVE DATE
that he/she is the Legal Advertising Representative of The Orlando Sentinel.a daily scram[Mow a a map Mawg Ow am proposed to be blamed: •
newspaper published at ORI AN DO in
ORANGE County. Florida: • ..
that the attachedc a v Isem2 bein TTY OF 0[OF T NOT - GGIgonAnnelogod e_
in the matter of °�yratnance INb. 'Jo—OC3
looted n led mamaoni
' hsaMFW fir Crag sal Faris U aced
in the 0wpurE Court,
was published In said newspaper in the issue:cif ❑1/T15/9 d.R L/1 S/9A ‘-Lk. �.y= ^�i�"r'= �_
I i tli 'tli.
AHiant further says that the said Orlando Sentinel is a newspaper published at '
p PEELIEn in said _ L '.=1.:
ARANGF County, Florida.
and that the said newspaper has neretofore been continuously published in •'' _ I-_-r
said ORANGE County, Florida. l I --•
each Week Day and has been entered as second-class mail matter at the post 1
drfice in ORL AN)0 in said .t _ i=; I —
ORINGF County, Ronda. • L ._'I�
for a period of one year next preceding the first publication of the attached - -
copy of advertisement: and aif'lent further says that he/she has neither pall
nor promised any person. firm or corporation any discount. reoate.
commission or refund for the purpote of securing this vertisement for rt UT �=
publication in the said newspaper.
nG ctr✓ LaYDd' Om N
The foregoing instrument was acknowledged before me this 16th day of N....r..: +_
n ... ,•A' f
.'a agry tq , by Donna Shaver a ,., _ .-{
who is personally <nown toe a d who did take an oath. - •
-
��I„/V (7.) , Iv _ ' mebaomwc m,b.atmery.fray mtd.e.irom Me puy aTnow Memmn.dneodd m e MMmm
— \ aan eddaaw.y connua& a this a continued public neednm shall been-
:SEAL) flounced damn me deadr9 and thatr twiner rterdh5ln them
I
CA µpp of py
n IICF AmorndI mad, maeda=mas includingOcoee
complete legal Ioaeect000nM
1 melee and Mond,.tweebeeliono top top.a CMap. . Mon y trh
, �NO ii `.+ 9�C01 IeMmFndayhve Ciro.between the lion Ia�9]Yps MeV*Weer 0 Need throughw G
2 I f ^."'M ay heard AM moo,except legalleIM VOL d Dean ABM mew Md denies to wag
�/ / No.68 .0 any de ion made drag de pubic SWIM MI need a record orthe ptae g4
�� II?rsnulA _)mr,.0. end nor ma purpose may Iwd to e'y w menace men record a the prsaedlqu
made enla°Mles the Wen n end evidence boa.na me aoeM a based.
Persons wed d6eeCAn needing m
e
asesetancem aNtle In any Me pocemenge
Would copied s Me Ory P4 a qMve 48 la n aore�a the mating at ta]I
JEMI ua
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