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HomeMy WebLinkAboutVI (A1) Second Reading of Ordinance No. 2001-20, Annexation - Center Lake (Case No. AR-2000-11-01) Agenda 8-21-2001 Item VI A 1 'CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE' MAYOR•COMMISSIONER O` Ocoee S.SCOTT VANDERGRIFT /sn,ti } p CITY OF OCOEECOMMISSIONERS O ISO N. LAKESHORE DRIVE DANNY HOWELLscam'SCrr ANDERSON OCOEE,FLORIDA 34761-2258 n V 3 Q, (407)905-3100 ANCY J.PARK N \/ NANCY I.PARKER 9r�.Of G000 CITY MANAGER JIM GLEASON STAFF REPORT DATE: August 15, 2001 TO: The Honorable Mayor and City Commissioners FROM: Kirsten McGinnis, Senior Planner )Dt4 ��1 THROUGH: Russ Wagner, AICP, Director of Planning l I'/ SUBJECT: Center Lake Annexation (Case Number AR-2000-11-01) Ordinance 2001-20 ISSUE: Should the Mayor and City Commissioners adopt Ordinance 2001-20, annexing the above referenced property? BACKGROUND: The subject property is located north of Clarcona-Ocoee Road and the West Orange Trail, east of Hobson Road (refer to Exhibit B of Ordinance 2001-20). The property comprises approximately±38.62 acres, and is proposed to be developed as a single family subdivision. 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-1AA, Single Family Dwelling District, which would be consistent with the above referenced land use designation. 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 Orange County Utility Service Area. Since the property is 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 no objections. The requested annexation is consistent with the JPA Agreement, state annexation criteria, and the standards established by the City. Prnhri Ic e.P. V:AM»PiOOtlelc Page 2 August 15, 2001 Honorable Mayor and City Commissioners DISCUSSION: Staff has completed the attached Annexation Feasibility & Public Facilities Analysis based upon the projected impacts of a single family subdivision. The developer may be required to make certain improvements before subdivision approval, as appropriate. The applicant will be required to execute an Annexation Agreement which will include the following: • Dedication of ±4.74 acres of property adjacent to Hobson Road, north of Clarcona Ocoee Road and the West Orange Trial for the future extension of Clarke Road. • The right to retain stormwater runoff from the extension of Clarke Road and the future development of the property, subject to obtaining all governmental permits and approvals. • Provides for the design, engineering, permitting, and construction of the easterly two lanes of the proposed 4-lane Clarke Road Extension. • Addresses the possible acquisition of the subject property for a future City Park should the City be awarded a Florida Communities Trust grant. DEVELOPMENT REVIEW COMMITTEE: On March 19, 2001 the Development Review Committee (DRC) reviewed the Annexation Petition for the Center Lake property. After discussion of a few general items, the DRC unanimously recommended approval of the Annexation Petition for the Center Lake Property subject to execution of an Annexation Agreement. PLANNING AND ZONING COMMISSION: On August 14, 2001, the Planning and Zoning Commission held a public hearing to consider the Center Lake Annexation. There were no comments from the public. After discussion of the possibility of a proposed park, the Planning and Zoning Commission unanimously recommended approval of the Center Lake Annexation. RECOMMENDATION: Staff respectfully recommends that the Mayor and City Commissioners adopt Ordinance 2001- 20 annexing the Center Lake property, Case Number AR-2000-11-01, subject to execution of an Annexation Agreement containing the aforementioned items. Attachments: Annexation Feasibility&Public Facilities Analysis Ordinance 2001-20 Copy of Public Hearing Advertisement O:\CALEXANDER\ALL_DATA\CAPDFILE\Staff Reports\SR2001\SR01047 CC.doc POWer 'ter d•,ni c City of Ocoee Annexation and Feasibility Analysis Case Number& Name: AR-2000-11-01 / Center Lake Date: November 17, 2000 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 Kirsten McGinnis A. Applicant(s) Center Lake (Pineloch Management Corporation) 407.859.3550 x102 260 W. Pineloch Street Orlando, FL 32806 B. Property Location North of Ocoee-Clarcona Road and east of Hobson Road 1. Parcel Identification Number: 33-21-28-0000-00-021; 33-21-28-0000-00-022; and 04-22- 28-0000-00-013 2. Street Address: 9401 Clarcona-Ocoee Road, and 5507 Hobson Road Ocoee, FL 34671 3. Size of Parcel(s): ± 38.62acres C. Use Characteristics 1. Existing Use: vacant, undeveloped 2. Proposed Use: single family subdivision 3. Density/ Intensity: maximum 154 single family dwelling units 4. Projected Population: 462 D. Zoning and Land Use 1. Orange County Future Land Use: R (Rural/Agriculture max. 1 du per 10 acres & Agriculture) 2. Orange County Zoning: A-1 (Citrus Rural District) 3. Existing Ocoee Future Land Use: LD (less than 4 dwelling units per acre 4. Proposed Ocoee Zoning: R-1AA Single Family Subdivision E. Consistency 1. Joint Planning Area: Yes 2. Comprehensive Plan: Yes II. FIRE DEPARTMENT Chief Strosnider 1. Estimated Response Time: 3 to 4 minutes 2. Distance to Property: 1.5-2.0 miles 3. Fire Flow Requirements: Fire hydrants will be installed per City Code III. POLICE DEPARTMENT Chief Mark 1. Police Patrol Zone: North 2. Estimated Response Time: 3-5 minutes 1 City of Ocoee Annexation and Feasibility Analysis Case Number& Name: AR-2000-11-01 /Center Lake Date: November 17, 2000 IV. FINANCES Kirsten McGinnis 1. Theoretical Assessed Value: $292,550 (land only) 2. Estimated City Ad Valorem Taxes: $462,000 (based on 154 du (0 100K less homestead) 3. Anticipated Licenses & Permits: Per the Building Code and Land Development Code. 4. Potential Impact Fees: To be determined at site plan approval. 5. Total Project Revenues: To be determined at site plan approval. V. BUILDING DEPARTMENT Julian Harper/ Martin Velie 1. Within the 100-year Flood Plain: Yes, per Community Panel 12095CO210 E VI. UTILITIES Jim Shira A. Potable Water 1. In Ocoee Service Area: No 2. Can City Service Area: No 3. Extension Needed: N/A 4. Location and Size of Nearest Water Main: N/A 5. Annexation Agreement: N/A B. Sanitary Sewer 1. In Ocoee Service Area: No 2. Can City Service Area: No 3. Extension Needed: No 4. Location and Size of Nearest Force Main: N/A 5. Annexation Agreement: N/A C. Other 1. Utility Easement Needed: Orange County 2. Private Lift Station Needed: Orange County 3. Well Protection Area Needed: No VII. TRANSPORTATION Brad Friel 1. Paved Access: Although the property abuts Clarcona Ocoee Road, it is unknown how the property would gain access to this road. Property is also adjacent to Hobson Road which is not paved to City standards. The City is currently studying a corridor to extend Clarke Road North. The Clarke Road extension should provide improved access to the property. The property owner will be contacted by City staff to discuss the Clarke Road extension. 2. Row Dedication: May be required as part of Annexation Agreement 3. Traffic Study: May be required when development approval is requested 4. Traffic Zone: 259 and 261 2 City of Ocoee Annexation and Feasibility Analysis Case Number& Name: AR-2000-11-01 /Center Lake Date: November 17, 2000 VIII. PRELIMINARY CONCURRENCY EVALUATION Brad Friel A. Transportation: At the time of the analysis, sufficient roadway capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. B. Parks/ Recreation: At the time of the analysis, sufficient parks and open space capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the subdivision approval process. C. Water/Sewer: At the time of the analysis, sufficient sewer and water capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. D. Stormwater: The applicant will be required to handle stormwater retention on-site. E. Solid Waste: At the time of the analysis, sufficient solid waste disposal capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. F. Impact Fees: It is estimated that the impact fees will be in the range of $9,500 per house. The total impact fees are given for illustrative purposes only and are based on a theoretical 2,000 square foot home valued at $100,000 each. Actual impact fees will be calculated during the subdivision approval process. IX. SITE SPECIFIC ISSUES All Departments None. atmcginnis all_datatanx-rez\active center lake\atr.doc 3 ORDINANCE NO. 2001-20 CASE NO. AR-2000-11-01: CENTER LAKE AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 38.62 ACRES LOCATED NORTH OF CLARCONA-OCOEE ROAD AND EAST OF HOBSON ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner or owners of certain real property located in unincorporated Orange County, Florida, as hereinafter described, have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex said real property into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said petition bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida; and WHEREAS, notice of the proposed annexation has been published pursuant to the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"); and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement (the "JPA Agreement") which affects the annexation of the real property hereinafter described; and WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with the JPA Agreement, and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City Commission that it approve said annexation petition; and WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the owners of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City of Ocoee, Florida, to include said real property. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section 7 of Article I of the Charter of the City of Ocoee, Florida. SECTION 2. The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. SECTION 3. The following described real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 4. A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 5. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JPA Agreement, and Ocoee City Code. SECTION 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. SECTION 7. The City Clerk is hereby authorized to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. SECTION 8. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. SECTION 9. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 11. This Ordinance shall take effect upon passage and adoption. 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. PASSED AND ADOPTED this day of , 2001 ATTEST: APPROVED: CITY OF OCOEE, FLORIDA JEAN GRAFTON, CITY CLERK S. SCOTT VANDERGRIFT, MAYOR (SEAL) ADVERTISED: AUGUST 9, 2001 AND AUGUST 12, 2001 READ FIRST TIME: AUGUST 7, 2001 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 , 2001. FOLEY & LARDNER By: City Attorney 0.\FMCGwwsuLL IATAwrvx-H ezwcmece rvreR aKE\DRA FTOR DAX-COG EXHIBIT "A" - THE PROPERTY OVERALL BOUNDARY DESCRIPTION That portion of Section 33, Township 21 South, Range 28 East, and that portion of Section 4, Township 22 South, Range 28 East, Orange County, Florida described as follows: Begin at the Southwest corner of the Southeast 1/4 of aforesaid Section 33;thence North 00° 05' 11" East along the West line of the Southeast 1/4 pf Section 33 for 594.20 feet to a point lying 815.00 feet Southerly of the Northwest corner of the Southwest 1/4,of the Southeast 1/4 of Section 33,said point also being the Northwest corner of Parcel No. 2 described in Exhibit A,Official Record Book 5123, Page 120 of the Official Records of Orange County, Florida; thence North 67° 40' 37" East along the northerly boundary of said Parcel No. 2 for 32.46 feet to the Fast line of the West 30.00 feet of the Southwest 1/4 of the Southeast 1/4 of said Section 33; thence North 00° 05' 11" East along said East line for 787.49 feet to the South line of the North 15.00 feet of the Southwest 1/4 of the Southeast 1/4 of Section 33 and the Southerly right-of-way line of Trout Lake Road according to the plat of TROUT LAKE ROAD as recorded in Plat Book 3, Page 9 of the Public Records of Orange County,Florida;thence South 89° 39' 15"east along said South line and southerly rights-of- way line of Trout Lake Road for 1296.90 feet to the East line of the Southwest 1/4 of the Southeast 1/4 of Section 33;thence South 00° 10'58" West along said East line for 182.76 feet to the Northerly boundary of the West Orange Trail formerly the CSX RAILROAD formerly the ATLANTIC COASTLINE RAILROAD; thence along the northerly boundary of the \Vest Orange Trail as described in Parcel 125A, Official Records Book 4814, Page 3816 and Parcel 124 Official Record Book 5004,Page 3955 of the Public Records of Orange County,Florida the following courses:run Southwesterly along the arc ofa circular curve concave Southeasterly having a radius of 1303.24 feet a chord bearing of South 33° 00'22" West and a central angle of 23° 45' 14" for 540.30 feet to the Point of Tangency; thence South 21° 07' 45" West for 175.70 feet to a Point of Curvature with a circular curve concave northwesterly; thence Southwesterly along the arc of said curve having a radius of 2834.79 and a central angle of 09° 12' 52" for 455.90 feet; thence South 59° 39'23"East along a radial line for 5.00 feet to a intersection with a circular curve concave northwesterly and being concentric with the previous described curve;thence Southwesterly along the arc of said curve having a radius of 2839.79 and a central angle of 04° 12' 08" for 208.28 feet to the Point of Tangency; thence South 34° 32'45" West for 290.02 feet with a Point of Curvature of a circular curve concave Northwesterly having a radius of 1612.02 and a central angle of 25° 26' 33" for 715.83 feet to the West line of the Northeast 1/4 of aforesaid Section 4;thence departing aforesaid Northerly boundary of the West Orange Trail run North 01 ° 27' 08" East along said West line for 719.69 feet to the Point of Beginning. • Containing 38.62 acres, more or less. Exhibit B Location Map CENTER LAKE ANNEXATION AND INTITAL ZONING CASE NUMBER AR-2000-1 1 -01 -------1 , r i I 11 11 --I ---\. . 0 Lake Trout O /IIIiI,/' =s •rang- ""- _/ SuIIIjectect Pro L � ' ef a * ) Lake o LSims ital J r®a 7 All(ill NMI `', qQ _ ==rim ' 1.111 min IP 11uu11uui/apu IN- f,1,writ 1 I I �l] � r larr rr l �.. r. �t,������� 4I 1. 2. is 11.Irfl IN ) 2.CNg : :iMI1u� a �‘ 'V�iKI�i 1 I•.iNs.•.d" ■1.■1_ In� w��t -:l :: :1 ,: liiMIN 1 �: t`- ==7� IIMI1�p .ii = Lake C..:::'uu.un:► OW.. } r, _ram ---,,Meadow —tag Em 11 } = Mit LEGEND N N CITY LIMITS ., - a CITY PROPERTY W TE ` : SUBJECT PROPERTY i. `�a °' GppO 1 COUNTY PROPERTY S Copy of Public Hearing Advertisement Date Published THURSDAY, AUGUST 9,2001 Advertisement Cr,OF OCOEE Nonce Cr PUBLIC NEARING ID CONSIDER Al gPJCATION FOR ANNEGn0M CASE PIO.AA.p#11g1.CENTER AXE ORCItLUCE]WIID NOTICE IS NEM3Y OM1TN pmeuem C SPY!m:lM.NI onn IN CM.Florida Slot Tuea Stc'ons 1 rm.10 and SS Cc--Lond oer tent Code,that on essm day,p,;>st al,in I,op nIt practical, he OCOEE CITY COWTSSI➢1 n Inncd a FUBLIC HEARING at`the Cry Coco n(canters 1pn a Dri<e,Ocoee,Rondo cor s,der on We smore or two reed mycdcpian a,the mna.mgordIcnce. CASE NO.Ai.:'P11 I 01 CENTER WE M'ORDINANCE OF ENE Pr(Of CCC EL R0=1OA ANNEYING INTO ENE CORPORATE UMrrs Of ENE CMS OF OCOEE RCr.0k CERIA:N REAL PROEM CONTAINING AA PROOMAfRY 3162 ACRES ICCMRO NORTH OF CLOACONAOCOEE ROAD MO EAST Of ROBSON ROAD PORSU 'fT TO ThE A'TJCAfON SUBMITTED BY THE PROPERTY 0 - ENS.FINDING S.J0 ANNEUTON TO PE CINSISTEM WTM ENE OCOEE COMPPlNEY- SIVEPLAN.MIECCOFECPCODE.AVS INF JOINT FLAMING AREA AGREMFM:RA YlOING FOR AND AUTHORIZING THE OFCANNG OF OFFICIAL CM MAPS.PPOMDING PeerneN TO TM Cm CLERK PROi:NG FOR SEKRASILTIY,REPEAIJNG INGGMS6 TENT ORDINANCES.PROYILING iCR AN EFECTWE DATE 5e1 Iortn V'c.e Is p mat s:o,l-;to area:mcow__le ee asneee. Center Lake Annexation and Intital Zoning Case Number AR-2000-11-01 i_— ] .cos{ I I may t-1 O les nsaeE'3 x—x ifirm_ A WI k s Si 3 1 9 - 7,..an7 _-n ...rK..S«.. ..:'r _a\ LeCityPDile N - .1:�0AClly Property W E ©// ® Subject Property V � ` !CoLnty Properly S The City CmmIaan may oc,'- duel rearms to otter dales and limes os is deems necessary. Ires•ed cony snclI be advised Mal Ih da: of Inkcontinued public hearings and nncunced d.-:n)rile nearing am a:no further notices regarding these mattnrs will e p.klisted. A cauv o:ne proposed Ordira,:e,in legal description by metes rid binds,may te it rtcty a theOmen Ott Clerk's office,150 North Lakeshore Drive.belnee-,the Pours of S:CO a.m.and 5.00 p.m.,Mon- day throng•,Fridov,erceot IecJ nolmm.Interested Nrties may oppeor et and ke heard 5CE1 der to the proposed Cannata.Any sea who de Pe s res 1a OP 'c-e dci,;on made during me public tiering wdl K e need a record of Me omen'mi cre for this du Pase may need to en- d that a verbatim record o'Ce vaeedng is made which Includes Me sure and eodence upon s Ch Ite copeck is based_Perms with also Hikes nee29g assatance I:pc'c`cote in ant of Ire pr«eeelres shoed contact tee CO Clerk's Once e:hours in advance of the meeting at LNn ros3mi JEAN GRAFTON,CITY CLERK, CITY OF OCOEE The s<cv,Actual'ith end Sunday Augu939M1 2511 OLEuti?T AUGU5T9,12T21 Agenda 8-21-2001 Item VI A 1 a FOLEY & LARDNER CHICAGO POST OFFICE BOX 2193 SACRAMENTO DENVER ORLANDO,FLORIDA 32802-2193 SAN DIEGO JACKSONVILLE 111 NORTH ORANGE AVENUE,SUITE 1800 SAN FRANCISCO LOS ANGELES ORLANDO,FLORIDA 32801-2386 TALLAHASSEE MADISON TELEPHONE: (407)423-7656 TAMPA MILWAUKEE FACSIMILE:(407)648-1743 WASHINGTON,D.C. ORLANDO WEST PALM BEACH WRITER'S DIRECT LINE (407)244-3238 EMAIL ADDRESS CLIENT/MATTER NUMBER jgwilliams@foleylaw.com 020377-0566 MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Jason G. Williams, Esq., Assistant City Attorney THROUGH: Paul E. Rosenthal, Esq., City Attorney DATE: August 13, 2001 RE: Annexation Agreement- Case No. AR 2000-11-01 (Center Lake) ISSUE: Whether the City Commision should approve the proposed Annexation Agreement with respect to Center Lake. DISCUSSION: The owner of approximately 38.62 acres of property located north of Clarcona Ocoee Road and east of Hobson Road (the "Property") have petitioned the City for annexation and requested initial zoning with the intention of developing a residential subdivision. The City has required that the current owner of the Property execute an Annexation Agreement in connection with the approval of the annexation. Pursuant to the Annexation Agreement, the owner shall dedicate and convey to the City a portion of the Property for the proposed Clarke Road Extension and the widening of Clarcona Ocoee Road (the "Right-of-Way Land") within sixty (60) days following receipt of written notice from the City but in no event later than approval of a plat or final site plan for all or a portion of the Property. No person or entity shall be entitled to compensation or impact fee credits in connection with the conveyance of the Right- of-Way Land. The owner has the right to retain the stormwater runoff from the proposed Clarke Road Extension and/or the Clarcona Ocoee Road widening. In addition, the owner will design and construct the easterly two lanes of the proposed Clarke Road extension within the Right-of- Way Land prior to the platting or development of the property. If the Clarke Road Extension is required prior to owner's platting or development of the Property, then the City or City's Foley & Lardner The Honorable Mayor and City Commissioners of the City of Ocoee August 13, 2001 Page 2 designee may design and construct the easterly two lanes of the proposed Clarke Road extension and will be reimbursed by owner upon platting or development of the Property. 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 006.225993.1 PREPARED BY: Jason G. Williams,Esq. FOLEY&LARDNER 111 North Orange Avenue,Suite 1800 Post Office Box 2193 Orlando,FL 32802-2193 (407)423-7656 RETURN T0: Jean Grafton,City Clerk CITY OF OCOEE 150 N. Lakeshore Drive For Recording Purposes Only Ocoee. FI.34761 (4071656-2322 Case No ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT ("this Agreement") is made and entered into as of the day of , 2001 by and between CENTER LAKE PROPERTIES, LTD., a Florida limited partnership whose mailing address is 260 West Pineloch Street, Orlando, Florida 32806 (hereinafter referred to as the "Owner") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager(hereinafter referred to as the "City"). WITNESSETH: WHEREAS, the Owner owns fee simple title to certain lands located in Orange County, Florida, said lands being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof(the"Property"); and WHEREAS, pursuant to Section 171.044, Florida Statutes, the Owner has petitioned the City Commission of the City (the "Ocoee City Commission") to voluntarily annex the Property into the corporate limits of the City(the"Petition"); and WHEREAS, the Planning and Zoning Commission has held a public hearing to review the Petition and at such hearing found the annexation of the Property to be consistent with the Ocoee Comprehensive Plan, including the Future Land Use Map, and the Joint Planning Area Agreement and has recommended that the Ocoee City Commission annex the Property into the corporate limits of the City; and WHEREAS, the City has required that the Owner execute this Agreement as a condition precedent to the consideration of the Petition by the Ocoee City Commission; and 006211495.3 DRAFT—08/13/01 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 for the future extension of Clarke Road (the "Clarke Road Extension") and the realignment of Clarcona-Ocoee Road and the West Orange Trail, 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. Existing Improvements. The City acknowledges that all structures and site improvements presently located on the Property were constructed in conformance with all applicable provisions of the then current County Land Development Code and County Building Code. The City hereby agrees that all structures and improvements which were built or constructed and are presently located on the Property, including by way of example and not limitation all the infra-structure improvements, buildings, buffering and such other improvements, are to be deemed in full compliance with all applicable provisions of the City Land Development Code and Building Code. In the event the Owner has to expand any of the structures or improvements constructed or existing on the Property those additions or expansions shall be required to comply with applicable provisions of the City Land Development Code and Building Code, except as otherwise provided in this Annexation Agreement. If any addition or expansion to the existing structures or improvements triggers the need to modify any of the existing structures or improvements such that they must be brought up to and meet the then current City Building Code, the City shall only require modification of those areas directly impacted by the proposed improvement. Any required -2- 006.211495.3 modification shall be achieved in the least intrusive and most practical manner that would resolve the issue causing the needs for the modification. Section 3. Conveyance of Right-of-Way. A. Upon annexation and 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 that portion of an approximate 4.74 acre parcel bordered by Hobson Road to the West, Clarcona-Ocoee Road to the south, and the proposed Clarke Road Extension to the north and east (the "Right-of-Way Land"). The Right-of-Way Land is more particularly depicted in Exhibit "B" attached hereto and by this reference made a part hereof (the "Conceptual Right-of-Way Plan"). The preliminary subdivision plan or preliminary site plan for the Property, as the case may be, shall show the Right-of-Way Land and include a metes and bounds legal description thereof, such depiction and description being subject to the approval of the City. If the City or Orange County requires the Right-of-Way Land or any portion thereof prior to approval of any such preliminary plan, then the Owner will, at the Owner's expense, prepare and deliver to the City a legal description and sketch of description of the Right-of-Way Land, such legal description and sketch being subject to the review and approval of the City, which will not be unreasonably withheld. B. The Right-of-Way Land 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 Land 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 Land 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 Land, including the cost of title work, shall be borne solely by the Owner. Real property taxes on the Right-of-Way Land shall be prorated as of the day before the City's acceptance of the dedication and conveyance of the same, and the prorated amount of such real property taxes attributable to the Owner shall be paid and escrowed by the Owner in accordance with the provisions of Section 196.295, Florida Statutes. Notwithstanding the foregoing, if the conveyance of the Right-of-Way Land occurs between November 1 and December 31, then Owner shall pay all real property taxes for the entire year. C. 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 Land to the City. Section 4. Stormwater Management. A. In consideration for the dedication and conveyance of the Right-of-Way Land, it is agreed that the Owner or its successor in interest or the City and/or Orange County shall have the right to retain stormwater runoff from the proposed Clarke Road Extension and/or -3- 006.211495.3 the Clarcona Ocoee Road widening (if and when such extension occurs) and the future development of the Property in the existing depressional area in the center of the subject property as depicted on the Conceptual Right-of-Way Plan (the "Future Pond Site"), subject to the obtaining of all applicable governmental permits and approvals, including but not limited to the St. Johns River Water Management District. The stormwater runoff from Clarke Road will be calculated based on that certain Final Clarke Road Extension Corridor Alignment Study dated July 2001, as presented to the Ocoee City Commission on July 17, 2001. The drainage area for Clarke Road which would discharge into the Future Pond Site will extend from the intersection of Clarcona Ocoee Road north to the existing natural drainage divide across Hobson Road. The stormwater retention pond to be located within the Future Pond Site will be designed as a wet bottom pond, to retain the 100 year flood volume within the pond area. In connection with the future extension of Clarke Road and/or the Clarcona Ocoee Road widening, the party constructing such extension across the Right-of-Way Land shall obtain a legal description and sketch of description of the Future Pond Site and the City and Owner shall thereafter enter into an easement agreement consistent with the provisions of this paragraph. B. Nothing contained herein shall be construed as an approval by the City of any specific development plan for the Property. The parties acknowledge that the development of the Property will comply with all applicable ordinances of the City and all applicable laws, statutes, ordinances, rules and regulations of the other governmental entities. Section 5. Clarke Road Improvement. A. Prior to the platting of the Property, or any portion thereof, the Owner shall design, engineer, permit, and construct the easterly two lanes of the proposed 4-lane Clarke Road Extension within the Right-of-Way Land and that portion of Hobson Road necessary to provide access into Owner's proposed development (the "Owner's Road Improvements"), all as depicted on the Conceptual Right-of-Way Plan. If the Owner develops the Property in a manner that does not require platting, then Owner shall design, engineer, permit, and construct the Owner's Road Improvements prior to development of the Property or any portion thereof. The parties hereto acknowledge that the Clarke Road Extension is proposed to be a 4-lane divided roadway within the Right-of-Way Land with a median extending from the north side of Clarcona-Ocoee Road to the east side of Hobson Road. The Owner's Road Improvements will extend from Clarcona-Ocoee Road to the main access to the Property from the proposed Clarke Road Extension, such main access to be approved by the City, which approval will not be unreasonably withheld. The Owner's Road Improvements will be designed to accommodate the future 4-laning thereof. The design and engineering of the Owner's Road Improvements will be included as part of the preliminary and final subdivision and/or site plan for the Property, or any portion there, and in connection therewith will be subject to the review and approval of the City. The costs and expenses related to the design, engineering, permitting and construction of the Owner's Road Improvements shall be borne solely by the Owner. B. 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 design, engineering, permitting and construction of the Owner's Road Improvements. -4- 0116.2114953 C. If required for the future 4-laning of the Clarke Road Extension, Owner agrees to grant a temporary construction easement and/or a permanent non-exclusive slope easement not to exceed ten (10) feet in width to the party constructing the additional 2 lanes of the Clarke Road Extension. D. Nothing contained in this Agreement shall be construed to in any way obligate or require the City to construct any extension of Clarke Road through the Right-of-Way Land (or other lands) or to provide any funding for an extension of Clarke Road. It is recognized by the parties hereto that the City has made no commitments or obligations with respect to the future extension of Clarke Road. E. If construction of Owner's Road Improvements is required prior to platting or development of the Property, then the City or City's designee shall have the right to design, engineer, permit and construct the Owner's Road Improvements as outlined herein and Owner shall reimburse City or City's designee for the cost thereof prior to Owner's commencement of development of the Property or any portion thereof. Owner's reimbursement cost shall be equitably allocated to Owner consistent with Owner's obligations under Section 5. If City has approved plans submitted by Owner relating to the Owner's Road Improvements, then construction by City or City's designee shall be in accordance with such approved plans. If City has not approved any plans submitted by Owner relating to the Owner's Road Improvements, then construction by City or City's designee may be according to other approved plans,but in any event, will be substantially consistent with the Conceptual Right-of-Way Plan. Section 6. Potential Acquisition by City and/or County. The City has expressed an interest to the Owner of possibly acquiring the Property for park purposes either independently or with Orange County, Florida. In the event that the City seeks and is successful in obtaining approval for the funding to acquire the Property for such purposes either independently or jointly it is understood and agreed that the acquisition of the Property will not include the Right-of-Way Land which the Owner has agreed to dedicate to the City for the Clarke Road Extension and the realignment of Clarcona-Ocoee Road and the Orange County Trail as provided for herein. In addition, in the event the City and/or Orange County acquire title to the Property for park purposes, then it is agreed that the Owner's obligation to construct or pay for any of the Owner's Road Improvements would terminate upon such acquisition. The foregoing would be subject to an acceptable contract for sale and purchase being fully negotiated for such purposes. Nothing contained herein shall be construed to in any way obligate the City to acquire the Property or enter into negotiations to acquire the Property or to require the Owner to sell the Property or enter into negotiations with the City or County on the sale of the Property for park purposes. Section 7. Brick Wall Waivers. The City agrees that as part of the development requirements of the Property that only that portion of the Property bordering Clarcona-Ocoee Road, the Clarke Road Extension, and Hobson Road to the North shall require the construction of a brick wall in accordance with the City development Code. The northern boundary of the Property shall only require a wooden fence acceptable to the City and the area along the Orange County Trail shall require a wooden fence or landscape screening material reasonably acceptable -5- D06.211495.3 to the City. The specific approvals to be granted by the City will be set forth as conditions of approval in the preliminary subdivision approval and final subdivision approval for the Property. Section S. 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 9. 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 10. 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 11. 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 12. 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 13. 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 14. 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 15. 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 16. 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, -6- 006.211495.3 without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. Section 17. 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 18. 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 19. 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 20. Effective Date. The Effective Date of this Agreement shall be the day and year first above written. -7- 006.211495.3 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: CENTER LAKE PROPERTIES, LTD., a Florida limited partnership Printed Name: BY: PINELOCH MANAGEMENT CORPORATION, a Florida corporation, its General Partner Printed Name: By: Name: Title: STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared the of Pineloch Management Corporation, the corporate general partner of Center Lake Properties, Ltd, who [ ] 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 of Signature of Notary Name of Notary (Typed, Printed, or Stamped) Commission Number ttrnot able on seal): My Commission Expires rif not legible on seal): -8- 006.211495.3 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 ON Approved as to form and legality this UNDER AGENDA day of , ITEM 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 , 2001. Signature of Notary Name of Notary (Typed, Printed, or Stamped) Commission Number 6f not legible on seal): My Commission Expires(if not legible on seal). 006.211496 3 EXIIIBIT "A" THE PROPERTY OVERALL. BOUNDARY DESCRIPTION That portion of Section 33, Township 21 South, Range 28 East, and that portion of Section 4, Township 22 South, Range 28 East, Orange County, Florida described as follows: Begin at the Southwest comerofthe Southeast 1/4 of aforesaid Section 33;thenceNorth 00°05' 11" East along the West line of the Southeast 1/4 pf Section 33 for 594.20 feet to a point lying 815.00 feet Southerly of the Northwest corner of the Southwest 1/4,of the Southeast 1/4 of Section 33,said point also being the Northwest corner of Parcel No. 2 described in Exhibit A, Official Record Book 5123, Page 120 of the Official Records of Orange County, Florida; thence North 67° 40' 37" East along the northerly boundary of said Parcel No. 2 for 32.46 feet to the East line of the West 30.00 feet of the Southwest 1/4 of the Southeast 1/4 of said Section 33; thence North 00° 05' 11" East along said East line for 787.49 feet to the South line of the North 15.00 feet of the Southwest 1/4 of the Southeast 1/4 of Section 33 and the Southerly right-of-way line of Trout Lake Road according to the plat of TROUT LAKE ROAD as recorded in Plat Book 3, Page 9 of the Public Records of Orange County,Florida;thence South 89° 39' 15"east along said South line and southerly rights-of- way line of Trout Lake Road for 1296.90 feet to the East line of the Southwest 1/4 of the Southeast 1/4 of Section 33;thence South 00° 10'58"West along said East line for 182.76 feet to the Northerly boundary of the West Orange Trail formerly the CSX RAILROAD formerly the ATLANTIC COASTLINE RAILROAD; thence along the northerly boundary of the West Orange Trail as described in Parcel 125A, Official Records Book 4814, Page 3816 and Parcel 124 Official Record Book 5004, Page 3955 of the Public Records of Orange County, Florida the following courses:run Southwesterly along the arc ofa circular curve concave Southeasterly having a radius of 1303.24 feet a chord bearing of South 33° 00' 22" West and a central angle of 23° 45' 14"for 540.30 feet to the Point of Tangency; thence South 21° 07' 45" West for 175.70 feet to a Point of Curvature with a circular curve concave northwesterly; thence Southwesterly along the arc of said curve having a radius of 2834.79 and a central angle of 09° 12' 52" for 455.90 feet; thence South 59° 39'23" East along a radial line for 5.00 feet to a intersection with a circular curve concave northwesterly and being concentric with the previous described curve;thence Southwesterly along the arc of said curve having a radius of 2839.79 and a central angle of 04° 12' 08" for 208.28 feet to the Point of Tangency; thence South 34° 32'45" West for 290.02 feet with a Point of Curvature of a circular curve concave Northwesterly having a radius of 1612.02 and a central angle of 25° 26' 33" for 715.83 feet to the West line of the Northeast 1/4 of aforesaid Section 4; thence departing aforesaid Northerly boundary of the West Orange Trail run North 01 ° 27' 08" East along said West line for 719.69 feet to the Point of Beginning. • Containing 38.62 acres,more or less. EXHIBIT "B" �07 35264.: FDA INCFuGE 02 u it[�/LUUl 11�21 - __ — P!` (C-o ot�-aiT Fs a-s--.._____—. I - - 20 • PROPERTY ❑ 509"39 15 E 1295R0' R L. x _ i • NOTE: THIS EXHIBIT IS INTENDED TO SHOW CONCEPTUALLY 17:// ROAD 8S EXTENSION SCLAED CONA-OCOEEYD RD.NWIDENIING ANDFORE0.C.. TRAIL 6 I REALIGNMENT. THE FINAL RIGHT-OF-WAY ALIGNMENTS AND ' ACREAGES: MAY VARY SUBJECT TO FINAL ENGINEERING DESIGN AS APPROVED BY THE CITY. Cr • R-na3.za • I y L-540J0' . �T u nIx c/) o CLP PROPERTY '9f(^ °- ,K. { / i I-:A 1 \\ /FUTURE POND SITE I ysv Lc n o.DD' \ 5.- __ POND"D j IT SITE ACCESS; i/ L 45590 —155.90' :I1CCA' FNNUS TE/' G5/ Y sd 5y . • f__C��2o�e.zee .. 1N' ran FOR NuakE �� / 1 /� INTO INTENSION j . / =251fi..3' ,p 0 IN 0 r . .• E-rtseu' a ePvvox. LEGEND i- �s� `i-t• a CT' p KE Y///� C1MkE R6 EXit"NSpN a1 wa=a f • t is - , 4i&ii QMCDNA-000EF RD. . " ,+ : .i' .. 1.02 IG 'l.i:! AND REALIGNED TRNL i �•n: .i i I � 0 7 1!..r•" �%: r� CONCEPTUAL PLAN ui.tS's. 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