HomeMy WebLinkAboutVI (A1c) Second Reading of Ordinance: Forest Lake Estates (Case Number AR-2000-05-01) Annexation Agreement Agenda 12-05-2000
Item VI A lc
FOLEY & LARDNER
CHICAGO POST OFFICE BOX 2193 SACRAMENTO
DENVER ORLANDO, FLORIDA 32802-2 I93 SAN DIEGO
JACKSONVILLE I I I NORTH ORANGE AVENUE, SURE Boo SAN FRANCISCO
LOS ANGLLLS ORLANDO, FLORIDA 32801-2386 TALLAHASSEE
MADISON TELEPHONE: 140 71 423-7656 TAMPA
MILWAUKEE FACSIMILE. 14071 64B-I 743 WASHINGTON. D.0
ORLANDO WEST PALM BEACH
WRITER'S DIRECT LINE
(407) 244-3261
EMAIL ADDRESS CLIENT/MATTER NUMBER
mformella@foleylaw.com 020377-0536
MEMORANDUM
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Martha H. Formella, Esq., Assistant City Attorney /t[ °//
DATE: November 16, 2000
RE: Forest Lake Estates - Annexation Agreement
(Case No. AR-2000-O5-0I)
The attached Annexation Agreement requires the Owner to do the following:
• Dedicate to the City a twenty (20) foot strip of property along Clarcona-Ocoee Road
("Right-of-Way Property");
• Design, engineer, permit, and construct a left turn lane into the Property from
westbound Clarcona-Ocoee Road ("Turn Lane Improvement") as part of the initial
subdivision improvements;
• Provide primary access to the Property from Ocoee-Clarcona Road; and
• Pay to the City fifty percent (50%) of the cost of improving the portion of Lauren Beth
Avenue adjacent to the Property to applicable governmental standards for a two lane
local roadway ("Payment") prior to the pre-construction conference.
The costs and expenses related to the dedication of Right-of-Way and the Turn Lane
Improvement shall he borne solely by the Owner. Neither the Owner nor any person or entity
shall be entitled to impact fee credits or other compensation in connection with the dedication
of Right-of-Way, Turn Lane Improvement, or Payment.
at
G AL.,,,.. ,„ ,..,, . �R r. � o �_, �.> - .AN'
z ,, ,,,,.
FOLEY Et LARDNER
The Honorable Mayor and City Commissioners
of the City of Ocoee
November 16, 2000
Page 2
RECOMMENDATION:
It respectfully is recommended that the Mayor and City Commissioners approve the
Annexation Agreement and authorize execution by the Mayor and City Clerk.
Attachment
006.200447.1
PREPARED BY:
Martha H. Formella,Esq.
FOLEY& LARDNER
III North Orange Avenue,Suite 1800
Post Office Box 2193
Orlando,FL 32802-2193
(407)423-7656
RETURN TO:
lean Grafton,City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive For Recording Purposes Only
Ocoee,FL 34761
(407)656-2322
Case No. AR-2000-05-01: Forest Lake Estates
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT ("this Agreement") is made and entered into as
of the day of . _ by and between MARY E. KERR
WOODLEY, whose mailing address is 940 Fairway Drive #20369, Jasper, Georgia 30143
(hereinafter referred to as the "Owner") and the CITY OF OCOEE, a Florida municipal
corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761,
Attention: City Manager (hereinafter referred to as the "City").
WITNES SETH:
WHEREAS, the Owner owns fee simple title to certain lands located in Orange
County, Florida, said lands being more particularly described in Exhibit "A" attached hereto
and by this reference made a part hereof(the "Property"); and
WHEREAS, pursuant to Section 171.044, Florida Statutes, the Owner has petitioned
the City Commission of the City, (the "Ocoee City Commission") to voluntarily annex the
Property into the corporate limits of the City (the "Petition"); and
WHEREAS, the Planning and Zoning Commission has held a public hearing to review
the Petition and at such hearing found the annexation of the Property to be consistent with the
Ocoee Comprehensive Plan, including the Future Land Use Map, and the Joint Planning Area
Agreement and has recommended that the Ocoee City Commission annex the Property into the
corporate limits of the City; and
WHEREAS, the City has required that the Owner execute this Agreement as a
condition precedent to the consideration of the Petition by the Ocoee City Commission; and
006.196020.2
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
Joint Planning Area Agreement and to represent a minimal fiscal and level of service impact on
the City, with the exception of adequate right-of-way along Clarcona-Ocoee Road located
adjacent to the Property, turn lane improvements, and access; and
WHEREAS, the City has determined that the execution of this Agreement is essential
to the public health, safety, and welfare and the ability of the City to plan for necessary
infrastructure improvements and the provision of municipal services to the Property in
accordance with the Ocoee Comprehensive Plan; and
WHEREAS, the City has determined that, subject to terms, conditions, and limitations
hereinafter set forth, it is feasible to extend municipal services to the Property on the same
terms and conditions afforded to all property owners within the City except to the extent set
forth in this Agreement; and
WHEREAS, the City has conducted an Annexation Feasibility and Public Facilities
Analysis with respect to the annexation of the Property and determined that this Agreement and
the annexation of the Property is consistent with the goals, objectives, and policies of the
Ocoee Comprehensive Plan.
NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
Section 1. Recitals. The above recitals are true and correct and incorporated
herein by this reference.
Section 2. Conveyance of Right-of-Way. Within sixty (60) days following receipt
of written notice from the City requesting the same, but in no event later than the date of
approval of a final site plan or plat for all or a portion of the Property, the Owner shall
dedicate and convey to the City a strip of the Property twenty (20) feet in width lying adjacent
and contiguous to, and along the entire length of the Property's frontage on the existing right-
of-way for Clarcona-Ocoee Road (the "Right-of-Way Property"). The Right-of-Way Property
shall be dedicated and conveyed by the Owner to the City by warranty deed free and clear of
all liens and encumbrances except for those matters acceptable to the City. The form of the
warranty deed shall be subject to the approval of the City. The Owner shall,
contemporaneously with the dedication and conveyance of the Right-of-Way Property to the
City, provide to the City, a current attorney's opinion of title, or a current title commitment, to
be followed by a policy of title insurance, evidencing that fee simple title to the Right-of-Way
Property is free and clear of all liens and encumbrances except for those matters acceptable to
the City. The costs and expenses related to the conveyance and dedication of the Right-of-Way
Property, including the cost of title work, shall be borne solely by the Owner. Real property
taxes on the Right-of-Way Property shall be prorated as of the day before the City's acceptance
of the dedication and conveyance of the same, and the prorated amount of such real property
006.198020.2 o\calexander\all data\capdflle\forms\2000 forms\forms00062.doc
taxes attributable to the Owner shall be paid and escrowed by the Owner in accordance with
the provisions of Section 196.295, Florida Statutes. Neither the Owner nor any other person
or entity shall be entitled to any road impact fee credits or other compensation of any kind for,
on account of, or with respect to the required dedication and conveyance of the Right-of-Way
Property to the City.
Section 3. Turn Lane Improvement. As part of the Initial Subdivision
Improvements, the Owner shall design, engineer, permit, and construct a left turn lane into the
Property from westbound Clarcona-Ocoee Road ("Turn Lane Improvement") subject to the
review and approval of the City and other governmental entities having jurisdiction with
respect thereto. The costs and expenses related to the Turn Lane Improvement shall be borne
solely by the Owner. Neither the Owner nor any other person or entity shall be entitled to
road impact fee credits or other compensation of any kind for, on account of, or with respect to
the Turn Lane Improvement.
Section 4. Access. Primary access to the Property shall be from Clarcona-Ocoee
Road. Prior the Pre-construction Conference for the subdivision, the Owner shall pay to the
City fifty percent (50%) of the cost of improving the portion of Lauren Beth Avenue adjacent
to the Property to applicable governmental standards for a two lane local roadway. The
foregoing cost shall be as estimated by the City Engineer at the time of the payment. Neither
the Owner nor any other person or entity shall be entitled to road impact fee credits or other
compensation of any kind for, on account of, or with respect to the payment of the foregoing
cost of the improvements to Lauren Beth Avenue.
Section 5. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) when (1) hand
delivered to the other party at the address appearing on the first page of this Agreement, or (ii)
when deposited in the United States Mail, postage prepaid, certified mail, return receipt
requested, addressed to the party at the address appearing on the first page of this Agreement,
or such other person or address as the party shall have specified by written notice to the other
party delivered in accordance herewith.
Section 6. Covenant Running with the Land. This Agreement shall run with the
Property and inure to and be for the benefit of the parties hereto and their respective successors
and assigns and any person, firm, corporation, or entity who may become the successor in
interest to the Property or any portion thereof.
Section 7. Recordation of Agreement. The parties hereto agree that an executed
original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public
Records of Orange County, Florida. The City will, from time to time upon request of the
Owner, execute and deliver letters affirming the status of this Agreement.
Section 8. Applicable Law. This Agreement and the provisions contained herein
shall be construed, controlled, and interpreted according to the laws of the State of Florida.
006.198020.2 0\3alexander\all data\capdfile\forms\2000 forms\forms00062.doc
Section 9. Time of the Essence. Time is hereby declared of the essence to the
lawful performance of the duties and obligations contained in this Agreement.
Section 10. Agreement; Amendment. This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions, understandings and
agreements, with respect to the subject matter hereof. Amendments to and waivers of the
provisions of this Agreement shall be made by the parties only in writing by formal
amendment.
Section 11. Further Documentation. The parties agree that at any time following a
request therefor by the other party, each shall execute and deliver to the other party such
further documents and instruments, in form and substance reasonably necessary to confirm
and/or effectuate the obligations of either party hereunder.
Section 12. Specific Performance. Both the City and the Owner shall have the
right to enforce the terms and conditions of this Agreement by an action for specific
performance.
Section 13. Attorneys' Fees. In the event that either party finds it necessary to
commence an action against the other party to enforce any provision of this Agreement or
because of a breach by the other party of any terms hereof, the prevailing party shall be
entitled to recover from the other party its reasonable attorneys' fees, legal assistants' fees and
costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy
proceedings, without regard to whether any legal proceedings are commenced or whether or
not such action is prosecuted to judgment.
Section 14. 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 15. Captions. Captions of the Sections and Subsections of this Agreement
are for convenience and reference only, and the words contained therein shall in no way be
held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the
provisions of this Agreement.
Section 16. Severability. If any sentence, phrase, paragraph, provision, or portion
of this Agreement is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portion hereof.
Section 17. Effective Date. The Effective Date of this Agreement shall be the day
and year first above written.
006.198020.2 9:\calexander\all data\capdfile\forms\2000 forms\forms00062.doc
IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be
executed as of the day and year first above written.
Signed, sealed, and delivered in the OWNER:
presence of:
C Mary E. rr Woodley U
fiti,k6L-*
Pr ame: Y1?J D(1(k7VY,1
Printed Name: 31 F) (CL. l�L( / /\
STATE OF
COUNTY OF ems.F-«�n,a
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared Mary E. Kerr
Woodley, who [ j ] is personally known to me or [ ] produced
as identification, and that she acknowledged executing the
same in the presence of two subscribing witnesses, freely and voluntarily, for the uses and
purposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this /,
day of7leL'c nr„ettt) ,BLOC.
� 1,' it Ext., a-,✓
Signature of Notary 0
X (i eile La4ya.n
Name of Notary (Tnina, Printed, or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on sealtdY COMMISSLCI EXPinS SEPT.lq,fd
006.198020.2 a: calexander all data\capdfile\forms)2000 forms\forms00062.doc
CITY:
Signed, sealed, and delivered in the CITY OF OCOEE, FLORIDA
presence of:
By:
S. Scott Vandergrift,Mayor
Printed Name:
Attest:
Jean Grafton, City Clerk
(SEAL)
Printed Name:
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD
Approved as to form and legality this ON UNDER AGENDA ITEM
day of NO.
FOLEY & LARDNER
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared S. Scott
Vandergrift and Jean Grafton, personally known to me to be the Mayor and City Clerk,
respectively, of the City of Ocoee, Florida and that they severally acknowledged executing the
same in the presence of two subscribing witnesses, freely and voluntarily under authority duly
vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of
Signature of Notary
Name of Notary (Typed, Printed, or Stamped)
Commission Number(if not legible on seal):
My Commission Expires (if not legible on seal):
006.198020.2 0\ccalenander\all data\capdfile\forms\2000 forms\forms00062.doc
SKETCH OF DESCRIPTION
LAND DESCRIPTION
FOREST LAKE RESERVE
A PORTION OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 5.TOWNSHIP 22 SOUTH.
RANGE 28 EAST,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE Al THE SOUTHEAST CORNER OF SECTION 5,TOWNSHIP 22 SOUTH,RANGE 26 EAST;
THENCE S 87'55.08'W ALONG-THE SOUTH LINE OF THE SOUTHEAST I/4 OF TIIE SOUTHEAST 114 OF
SAID SECTION 5,A DISTANCE OF 47000 FEET TO THE POINT OF BEGINNING THENCE CONTINUE$81 '
55'081 W ALONG SAID LINE,11II.00 FEET;THENCE N 00'21'58-E ALONG THE WEST LINE OF THE
SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 5,A DISTANCE OF 78949 FEET;THENCE N
09'57'15"L.29517 FEET;THENCE N 00 21'56"E,295.17 FEET;THENCE 5 WW1 W,295.17 FEET:
THENCE N 00'21'S6"E ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1l4 OF SAID
SECTION 5,A DISTANCE OF 205.01 FEET;THENCE N 89'51'15'E ALONG THE NORTH LINE OF THE
SOUTHEAST 114 OF TIIE SOUTHEAST 114 OF SAID SECTION 5,A DISTANCE OF 1304.40 FEET;THENCE S
0005'04"W ALONG A LINE 30.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE
SOUTHEAST 114 OF THE SOUTHEAST 114 OF SAID SECTION 5,A DISTANCE OF 053.03 FEET;THENCE S 87
55'08"W,43998 FEET;THENCE S 00'55'041 W.470.00 FEET TO TIIE POINT OF BEGINNING.
SAID I ANDS LYING IN ORANGE COUNTY,FLORIDA CONTAINING 33,04 ACRES MORE OR LESS.
I EGEND:
ohmr mono INSURANCE RATE MAP II. [Arum RATTAAR,POLE POPE
D IND SEW:or Roo LIP LAND SURVEnria BUSINESS PU PLAT BR"
A CAE Le!Bum IS LAND SURVEYOR
IF NEN0FEE NADIFF, IRO C. PONT Of ECLEMENEEMENT
PT PONT OF TANGENCY
OF Clow BEARING PC mon of CURVATURE
OFAO MN ONCE
EFF AEPULRAITO WOOD Tula
CD WALL SHEET 1 OF 2 SHEL S
El LN Pr RADIUS PONT
QIN OWRIHAOUPmYERR
IM IL PIT •6 .m
1 E R M
I TIES IS NOT A BOUNDARY SURVEY.
m UR: OR lus NOT ABSTRACTED THE
MID 9 THEREON FOR EASEMENTS.N RIGHT
OF WAYS, OR RESTRICTIONS OF RECORD
MAY AFFECT DIE TITLE OR USE OF IBE LAND.
ST LINEI OM 1P EDNE EAFTHF. SE1_ im
, _°�
ims
BEcnwH 52/2E, AN ASSUMED DATUM,
1/4 OF
0111D DAIE) RINSED: Err..1
FEET
u [ AMERICAN SURVEYING b MAPPING I
-COMBAT/ON or AIMMATATIOTI U2nrt 320 EAST AM 1'a.0
s BR /��l
SKETCH OF DESCRIPTION I I
FOREST LAKE RESERVE I
CLARCONA—OCOEE ROAD
N 89'57'15' E 1304.40' -
w -R IwE u SE 1/I or SE I/N
no
N In
O N
0
Z -- 25! INGRESS/EGRESS EASEMENT (OR 5847. PAGE 2/51) p I
10 S 89'571s" W u I
295,1T I
NOI -� g xl
INCLUDED 'CC:oo N1 Iii,L III
5,
N B9'57'15" Ez Ii
O Ai"
In w
O . D
o I
In ' >
Vt
y •
5 87'55'0II" W 439.98'
tnl
O ] I an
0 1
Z
NI I Irn
of
s INCLUDEDi 4
o J —I//I o
Z. P.O.B. . vl
O
0
0
,.LINt a :E I/4 of SE 1/4
s 87'5 L)8"1 w 187/.08' I i 1 I
3 IC. w000s PB IDCV HEIGHTS
114)I 1
101 411 WI IILOT 2LOf J,LOT 41LOT 51LOT 11LGr "A LOT ]Lor 4WI LOT nE05 oIOI ]LOT 4LOT SLOT IILOT R)LOT 3I r-
511ID, PACEESTATESJESSICA MANOR (PR 10. I`AGC 99) I(
(PO 10, PACE 98) I (P9-10. PAGE 97) I 1
P.O.C.
�IWN I ANL I()HESTssnire, 27-29
(PIN 10. PAGE 96)
SI-IEET 2 OF 2 SHEETS
vAiii
11.VOOJSERVV IR\ASM2»RGaWG
URGEY.
2 THE SURVEYOR HAS NOT ABSTRACTED 111E
IAND SHOAT HERE FOR EASEMENTS RIGHT
Of ON WA OR RESTICIIONS Of RE60RS NNII]1 (/
MAMAFFECT ' 9RE OR USEE 111E LAND./401 1 ! =` -)iI \'
1 AIOMN E BASEDON I
r is am
IIIE EAST E E 5ti TE OF 1NE SE 1/. OF SECTION LINE n o ---
t„Arum Ay, r, - _ LAMERILAN SURVEYING h MAPPING ��
pm rw ON O fR Inn3
Jon
in) ti - —— - 320 EAST R mu V A
nm 1v M' 39M f 1 9 BRUT A MOSE:G TZ. 1'SM MS011 DAPE