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HomeMy WebLinkAboutVII (A1 a&b) First Reading of Ordinances: Kent Property - AR-02-07-11 Ordinance No. 2003-11, Annexation & Ordinance No. 2003-12, Initial Zoning be Agenda 3-4-2003 center of Good Item VII Al a&b Mayor Commissioners S. Scott Vandergrift a Danny Howell, District 1 Scott Anderson, District 2 City Manager --- ' �.� _ Rusty Johnson, District 3 Jim Gleason '-� --" Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Robert Lewis, AICP, Planning Manager THROUGH: Russ Wagner, AICP, Director of Planning ] DATE: February 27, 2003 SUBJECT: Annexation & Initial Zoning Petition for Kent Property Case Number AR-02-07-01 Annexation: Ordinance #2003-11 Initial Zoning: Ordinance # 2003-12 ISSUE: Should the Mayor and City Commissioners adopt Ordinance # 2003-11, approving the proposed annexation, and Ordinance # 2003-12 providing for an initial zoning of C-2 "Community Commercial District"for the above referenced property? BACKGROUND: The subject property is located approximately 400 feet east of the intersection of Blackwood Avenue and State Road 50 on the north side of State Road 50. The two parcels (26 and 27) together comprise 9.116 acres that are vacant and wooded. The Kent property includes 2 of 11 parcels that form a county enclave surrounded by the City. It may be noted that the West Orange Professional Center property, adjacent to the east side of the Kent property, has also applied for annexation. The subject property is designated "Commercial" on the Joint Planning Area Map. The Applicant has requested an Ocoee zoning classification of C-2 "Community Commercial District". The requested zoning would be consistent with the above referenced land use designation. The Applicant desires to develop the property for commercial uses. CONSISTENCY WITH STATE AND LOCAL REGULATIONS: 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 is part of a county enclave surrounded by the City. Since the property is February 27,2003 Honorable Mayor and City Commissioners Page 2 contiguous to the city limits, the property is being considered for annexation as outlined in the JPA Agreement. Thus, the requested annexation is consistent with the JPA Agreement, State annexation criteria, and the standards established by the City. Orange County has been notified of this petition and we have received no comments at the time of the writing of this report. DISCUSSION: Staff has completed the attached Annexation Feasibility & Public Facilities Analysis based upon the projected impacts of the proposed commercial use. Staff has determined that the City can adequately provide a range of urban services to the subject property. Should the property owners choose to develop the property in the future, they may be required to make certain improvements. The Applicant has signed the "Annexation & Initial Zoning Hold Harmless Agreement" before the property is formally annexed into the City. The 2002 assessed value of the subject property is $836,000. The Legislature recognizes that enclaves can create significant problems in planning, growth management, and service delivery, and therefore it has declared that it is the policy of the state to eliminate enclaves. The Ocoee-Orange County Joint Planning Area Agreement recognizes that there are numerous parcels within the JPA (Joint Planning Area) that are enclaves, which are ideally suited for future annexation by the City. According to the Agreement, the County agrees that it will not oppose the annexation by the City of any such lands located within the JPA. The subject property is within the JPA. Accordingly, Staff considers annexation of this property feasible and advisable based upon the above considerations. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on February 18, 2003 to review the request for annexation and initial zoning for the Kent property. There was discussion about the Kent Property annexation and how it is related to the development of the adjacent Ocoee Commons PUD. Most of the discussion centered on the Annexation Agreement, which includes sections addressing a cross-access easement, buffering, and a utility easement. It was agreed that the utility easement along the east property line would be dropped from the Agreement. Another focus of discussion with the Applicant involved limiting the types of commercial uses allowed. It was pointed out that the Conditions of Approval for the adjacent Ocoee Commons PUD property will prohibit automobile sales (new or used), automobile repair or service stations, pawn shops, and convenience stores with gas sales (COA # 42). In order to promote consistency, it was recommended that those same uses should not be allowed on the Kent Property either. It was agreed that this limitation on uses would be incorporated into the Annexation Agreement. The DRC voted unanimously to recommend approval subject to the recommended changes being made to the Annexation Agreement. February 27, 2003 Honorable Mayor and City Commissioners Page 3 PLANNING AND ZONING COMMISSION RECOMMENDATION: On February 26, 2003 the Planning and Zoning Commission held a public hearing to consider the proposed annexation and initial C-2 zoning for the Kent Property. The annexation and zoning issues were discussed and a few questions were answered. There was no public input from the audience regarding the proposed annexation or the proposed C-2 zoning. When the discussion was finished, the Planning and Zoning Commission voted unanimously to recommend approval of both the proposed annexation and the proposed initial C-2 zoning for the Kent Property, per the Staff recommendation. STAFF RECOMMENDATION: Based on the recommendations of the Development Review Committee and the Planning and Zoning Commission, Staff respectfully recommends that the Mayor and City Commission adopt Ordinance # 2003-11, approving this proposed annexation for the Kent Property, and Ordinance # 2003-12 providing for an initial zoning of C-2 "Community Commercial District" for the Kent Property, subject to execution of the Annexation Agreement, including the changes recommended by the Development Review Committee. Attachments: Location Map Future Land Use Map of the Area Zoning Map of the Area Annexation Feasibility&Public Facilities Analysis Annexation: Ordinance#2003-11 Initial Zoning: Ordinance#2003-12 Kent Property Annexation Agreement O:\Statf Reports\2003tSR03026 CC.doc VICINITY MAP N. T. S. ORLANDO STREET WHITE ROAD �7 g N z L, a a J i �G'., * MAINE STREET � 0 -.) el, G F McGEE HIGHWAY STATE ROAD 50 OLD GARDEN icR o ROAD ow 55WpY YZ 1 E. �RaDe wE5 DpD 3 ` EA51� p1E R m 51 City of Ocoee, Florida Kent Property Annexation and Initial Zoning Case #AR-02-07-01 JPA Future Land Use Map "Commercial" N �vCenter of Good ... _ .. ■ ■ ■ .��,,; -. : 1 iiiii niiiii i iiii::as . -------___ ":i::ii i:::: z::i:iiiiiuiii::i:; - OC•EE `ag:ii Dial ,i -•..o. Ocoee Community Development i ii 1i iir Department , ON- .riihi !i0,� ii:it Scale: finch=500 feet - A !N MIiii�iiiieiaei 0 250 500 750 Feet ' ' IIIIIIIIIIIIII -MM. SuLa _ Printed: February 2003 LEGEND 5°=: COMM / - ; ---y { Properties i — Subject Property CONS Unincorporated Territory 0 i i I �11 and Other Municipalities � .-F.. Rail Lines 0Future Land Use Classification: Low Density Residential Medium Density Residential l; III High Density Residential ME Professional Offices and Services mg Commercial Light Industrial 1111 Heavy Industrial W COLONIAL D Conservation/Floodplains Recreation and Open Space NE Public Facilities/Institutional _ Lakes and Water Bodies COMM City of Ocoee, Florida Kent Property Annexation and Initial Zoning Case #AR-02-07-01 Zoning Map (County) A-1 "Citrus Rural District" to (City) C-2 "Community Commercial" N `\c cc„,c,°roof C,v444 l r Y y\J' 7 0. OCOE '; . * r'�i, '�'� �i, / ,r� ,�r• y II S Ocoee Community Development 1�I I�� + , � lk, . Department 1� f �♦ f 'r` *4'*N'Iff . ♦�. R-1 AA r Scale: 1 inch=500 feet 1a -- — +;;;,",...'; . , _- Feet — —— — r 7 Printed: February 2003 Subject LEGEND / r AProperties % , . EN Subject Property / . p Unincorporated i i Territory and Other Municipalities ,,,,,, Rail Lines Zoning Classification: f/i / Li/ I A-1, General Agriculture A-2, SuburbanR-1AAA, Single Family Dwelling R-IAA, Single Family DwellingR-IA, Single Family DwellingR-1 Single Family Dwelling W COLONIAL DR RT-1, Mobile Home Subdivision District j R-2, One and Two Family Dwelling j R-3, Multi Family Dwelling IAP-S, Professional Offices and Services % C-1, Neighborhood Shopping , / P-S C-2, Community Commercial % C-3, General Commercial I-1, Restricted Manufacturing / _-1 &Warehousing •, / •;�..ew.N� I-2, General Industrial e 14T . . #,, PUD-Low Density ResidentialANN G� j�i PUD-Medium Density Residential 4 � �. • PUD-High Density Residential y,'y.le" 'V'yy • . 45 PUD-Commercial % /yi��I�I�/�I�I��I s \ i Lakes and Water Bodies // ♦ y��r����" ��l�1i Unclassified /. /. i 4)%�i` `ii�i4 �� �.ttkotr�i �� City of Ocoee Annexation and Feasibility Analysis Case Number&Name: AR-02-07-01 / Kent Property (Parcel 26 and 27) This form is used to evnktale cnnexalbn requests to determine the feasibilily of providing urban services to hdtvidual properties. Each department has filled In the appropriate section and the findings are sum r lurked bebw. I. PLANNING DEPARTMENT Thomas Grimms, AICP A. Applicant(s) Ostler/Fagan, Inc. 236 Pasadena Place Orlando, FL 32803 407-841-3266 B. Property Location 1. General Location Approximately 400' east of Blackwood Ave. and 1900' west of Clarke Road on north side of State Road 50. 2. Parcel Identification Number: 20-22-28-0000-00-026 and 20-22-28-0000-00-027 3. Street Address: 10175 and 102315 West Colonial Drive 4. Size of Parcel(s): 9.116 acres C. Use Characteristics 1. Existing Use: Vacant (partially wooded) 2. Proposed Use: Commercial (retail and office) 3. Density/Intensity: Floor area ratio—3.0 4. Projected Population: Unknown D. Zoning and Land Use 1. Orange County Future Land Use: Commercial (per JPA Future Land Use Map) 2. Orange County Zoning: A-1 "Citrus Rural District" 3. Existing Ocoee Future Land Use: Commercial (per JPA Future Land Use Map) 4. Proposed Ocoee Zoning: C-2 "Community Commercial District" E. Consistency 1. Joint Planning Area: Yes 2. Comprehensive Plan: Yes II. FIRE DEPARTMENT Chief Ron Strosnider 1. Estimated Response Time: 3-4 Minutes 2. Distance to Property: 3 Miles— Fire Station #1 3. Fire Flow Requirements: Fire hydrants will be installed per City Code (330' spacing) 1 City of Ocoee Annexation and Feasibility Analysis Case Number& Name: AR-02-07-01 I Kent Property (Parcel 26 and 27) III. POLICE DEPARTMENT Chief Steve Goclon 1. Police Patrol Zone/Grid/Area: South/33 (Health Central)/32 2. Estimated Response Time: 8.4 minutes (average) 3. Distance to Property: 3.5 miles 4. Average Travel Time 4.6 minutes IV. ECONOMIC VALUE Thomas Grimms, AICP 1. Property Appraiser Taxable Value: $ 1,760 2. Property Appraiser Just Value $ 418,000 (Parcel 26) $418,000 (Parcel 27) 3. Estimated City Ad Valorem Taxes: Unknown at this time 4. Anticipated Licenses & Permits: To be determined at site plan approval. 5. Potential Impact Fees: To be determined at site plan approval. 6. Total Project Revenues: Unknown at this time V. BUILDING DEPARTMENT Bruce Dunford 1. Within the 100-year Flood Plain: No VI. UTILITIES Jim Shira, P.E. A. Potable Water 1. In Ocoee Service Area: Yes 2. Can City Service Area: Yes 3. Extension Needed: No 4. Location and Size of On the north side of State Road 50 Nearest Water Main: 12"water main B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. Can City Service Area: Yes 3. Extension Needed: No 4. Location and Size of 12"force main along State Road 50 Nearest Force Main: 5. Annexation Agreement Needed: No C. Other 1. Utility Easement Needed: No 2. Private Lift Station Needed: Yes 3. Well Protection Area Needed: No 2 City of Ocoee Annexation and Feasibility Analysis Case Number& Name: AR-02-07-01 / Kent Property(Parcel 26 and 27) VII. TRANSPORTATION Terry James, AICP 1. Paved Access: Yes, from State Road 50 2. Row Dedication: No 3. Traffic Study: Yes 4. Traffic Zone: 220 VIII. PRELIMINARY CONCURRENCY EVALUATION Thomas Grimms, AICP 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. R. Parks & N/A Recreation: 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: Please contact the Planning Dept. for an impact fee estimate. Actual impact fees will be calculated during the site plan approval process. IX. SITE SPECIFIC ISSUES All Departments None. X. CONSISTENCY WITH STATE REGULATIONS: Thomas Grimms, AICP • This is a voluntary annexation. The property owner(s) have petitioned the City of Ocoee to annex the property. The property is contiguous to the City boundaries and reasonably compact, per 171.044 Florida Statutes. • The property is within a county enclave. The Legislature encourages the annexation of enclaves to avoid significant problems in planning, growth management, and service delivery, per 171.046 Florida Statutes. 3 ORDINANCE NO. 2003-11 (Annexation Ordinance For Kent Property) TAX PARCEL ID its 20-22-28-0000-00-026 20-22-28-0000-00-027 CASE NO.AR-02-07-01 KENT PROPERTY AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 9.116 ACRES LOCATED APPROXIMATELY 331 FEET EAST OF THE NORTHEAST CORNER OF THE INTERSECTION OF STATE ROAD 50 BLACKWOOD AVENUE, 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 OG6265698. -1- 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. WHEREAS, the owners of the property to be annexed have requested that the annexation of the property not become effective until such time as a copy of a recorded deed is delivered to the City evidencing the conveyance of the property to the property's contract purchaser; and WHEREAS, the City has agreed to delay the effective date of this Ordinance as an accommodation to the owners and the contract purchaser. 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 1 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 and 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 IPA Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the IPA Agreement, and the 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. 006.285698. -2- Section S. 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 the delivery to the City of a copy of a recorded deed evidencing the conveyance of the property to be annexed. Thereafter the City Clerk is hereby directed to attach a copy of said deed to this Ordinance and 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 effective date. In the event a deed of conveyance for the property to be annexed is not delivered to the City by ninety (90) days of the date this Ordinance is adopted then this Ordinance shall be null and void and of no further force and effect. 006.285698. -3- PASSED AND ADOPTED this day of , 2003. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift,Mayor (SEAL) FOR USE AND RELIANCE ONLY BY ADVERTISED AND THE CITY OF OCOEE, FLORIDA READ FIRST TIME , 2003. APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED LEGALITY THIS DAY OF , UNDER , 2003 AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney 006.285698. -4 EXHIBIT "A" Legal Description EAST '/ OF SOUTHWEST '/< OF SOUTHEAST '/a OF SOUTHEAST ''A, SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; (LESS STATE ROAD). WEST 'h OF SOUTHEAST '/a OF SOUTHEAST '/a OF SOUTHEAST '/a, SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; (LESS ROAD RIGHT-OF-WAY ON SOUTH). MORE PARTICULARLY DESCRIBED AS: (METES AND BOUNDS DESCRIPTION) COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN N89°28'55"W, ALONG THE SOUTH LINE OF THE SOUTHEAST '/a OF SAID SECTION 20, A DISTANCE OF 331.90 FEET; THENCE N00°26'O1"E A DISTANCE OF 68.39 FEET TO THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD NO. 50 FOR A POINT OF BEGINNING; THENCE N89°23'37"W, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 663.86 FEET; THENCE NOO°23'IO"E A DISTANCE OF 599.28 FEET; THENCE S89°09'40"E A DISTANCE OF 664.37 FEET; THENCE SOO°26'01"W A DISTANCE OF 596.59 FEET TO THE POINT OF BEGINNING. M6.285698. -5 EXHIBIT "B" City of Ocoee, Florida Kent Property Annexation and Initial Zoning Case#AR-02-07-01 Location Map L. &Ai° T 1 — .11 W E � � rnrru_ _ _ -r-IN s Oco..Community Development n-1-n-TJ fr\ r 7.-~ � —�{U.^t-r� Depfilm ent -"- _ r-1_I_L__LI..L./ :E� r Soule: , pOU,Q.t Hill 1 L �a lirrn=. *NM RCMP e • �, Pnrted: Feervary 2003 - / / LEGEND ��'' --- ^ / r �.--_....._..... fYWIHEl37! Subject Property , I I City of Ocoee ^Subject Properties 1 •• �— UnincoporatetlTerritory i i and Other Municipalities �\ .,a Lakes and Water Bodies \\\, $ II m W GOLO \ 1 If 1 <3 - iii ir t, „ -., ►�V �' II /LrT1 Lit& ___ _ ouis ■� — III ilii .'� `�y,,oil.�l:;;1 7 ; urn,� ® 1"',‘,7...:- I I I:\ me ME NM a An • � N= II1111111■■ Ar.g� ' ' ;` �_►pa...,..I.1 IUU!! __ !fie-II 006.285698. -6- ORDINANCE NO. 2003-12 (Rezoning Ordinance For Kent Property) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, "CITRUS RURAL DISTRICT", TO C-2, "COMMUNITY COMMERCIAL DISTRICT ', ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 9.116 ACRES LOCATED APPROXIMATELY 331 FEET EAST OF THE NORTHEAST CORNER OF THE INTERSECTION OF STATE ROAD 50 AND BLACKWOOD AVENUE, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SAID REZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; PROVIDING DIRECTION TO THE CITY CLERK; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property (the `Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately 9.116 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-1, "Citrus Rural District" to C-2, "Community Commercial"; and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said application and determined that the Rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement which has been amended from time to time (the "JPA Agreement") and WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter described; and WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has the authority to establish zoning for the real property hereinafter described and to 006.287074. -1- immediately exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163,Florida Statutes; and WHEREAS, said Rezoning was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, on February 26, 2003 the Planning and Zoning Commission held a public hearing and reviewed said Rezoning for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and is in the best interest of the City and recommended to the Ocoee City Commission that the zoning classification of said real property be Rezoned as requested by the Applicant, and that the Ocoee City Commission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and the JPA Agreement; and WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041 (3)(a),Florida Statutes; and WHEREAS, the Owner has requested that this Ordinance not become effective until such time as the Owner has conveyed the Property to the Property's contract purchaser; and WHEREAS, the City has agreed to delay the effective date of this Ordinance as an accommodation to the owners and the contract purchaser. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 9.116 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-1, "Citrus Rural District",to C-2, "Community Commercial District". SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF). A map of said land herein described which clearly shows the area of Rezoning is attached hereto and EXHIBIT "B" and by this reference is made a part hereof. 006267074. -2_ SECTION 3. COMPREHENSIVE PLAN AND JPA CONSISTENCY. The Ocoee City Commission hereby finds that the rezoning of said land herein described is consistent with the Ocoee Comprehensive Plan and the JPA Agreement. SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted by this Ordinance and the Mayor and the City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. SEVERABILITY. 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 7. EFFECTIVE DATE. This Ordinance shall become effective upon Ordinance No. 2003- (Annexation Ordinance for Kent Property) becoming effective according to its terms. 006.287074. -3- PASSED AND ADOPTED this day of , 2003. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton,City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY ADVERTISED AND THE CITY OF OCOEE, FLORIDA READ FIRST TIME , 2003. APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED LEGALITY THIS DAY OF , UNDER ,2003 AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney 006287074. -4- EXHIBIT"A" Legal Description EAST '/ OF SOUTHWEST '/4 OF SOUTHEAST 'A OF SOUTHEAST 1/4, SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; (LESS STATE ROAD). WEST '/s OF SOUTHEAST 1/4 OF SOUTHEAST '/4 OF SOUTHEAST '/4, SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; (LESS ROAD RIGHT-OF-WAY ON SOUTH). MORE PARTICULARLY DESCRIBED AS: (METES AND BOUNDS DESCRIPTION) COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN N89°28'55"W, ALONG THE SOUTH LINE OF THE SOUTHEAST '/ OF SAID SECTION 20, A DISTANCE OF 331.90 FEET; THENCE N00°26'01"E A DISTANCE OF 68.39 FEET TO THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD NO. 50 FOR A POINT OF BEGINNING; THENCE N89°23'37"W, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 663.86 FEET; THENCE N00°23'10"E A DISTANCE OF 599.28 FEET; THENCE S89°09'40"E A DISTANCE OF 664.37 FEET; THENCE S00°26'01"W A DISTANCE OF 596.59 FEET TO THE POINT OF BEGINNING. 006.287074. -5' EXHIBIT "B" City of Ocoee, Florida Kent Property Annexation and Initial Zoning Case#AR-02-07-01 Location Map OW .•■.•� " ===;ohm.. — mind vela!..a• Iiiitii a a+a• a1a.®r t� ■I111111ra��® —^� t�1fe • w c �la.a. " '�■2 —.ray MI• / .ae inn Emil Ocoee Community Development aw a1 1I ■ s mom 11� IL war■EN I p1 .II 1-(t Department .■ I1111I11— p aoaui. itua , Somsow., f inon•1000 Net . ■r ' — o 250 sop rao 1000 rent II . -\.� �7= e AIPeriod.rebruery 2003 II .^Cal LEGEND ;� 1e. DSubject Property .. i Al Subject O ", City of Ocoee Properties I Unincoporated Territory L __ iiantherMunlcipalities is -- � -Lakes and Water Bodies u__— MINE I l• COLONIAL DR _ �. W1iivx TT] I a 0 , / n „I► 0~--, s<<o a .. 11Ill is, iiii.,.. .1, ._ Lk. I. 1, ' _� , r1, eat{ I, L.,„,,,,,,:. '.. J 6 1144 illft !I..: \. Nei o: , - j :Q 5 1111uulp ■1 ow 11 1111 a ions pu:— _A_ aai- :22 gm or 4 esitymis !at mingig!!W!!is 2 EC ME!ti•gi -6- 006.287074. THIS INSTRUMENT PREPARED BY: Scott A.Cookson,Esq. FOLEY&LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando,FL 32802-2193 (407)423-7656 AFTER RECORDING RETURN TO: For Recording Purposes Only Jean Grafton,City Clerk CITY OF OCOEE 150 North Lakeshore Drive Ocoee,Florida 34761 Case No.: AR-02-07-01: Kent Property ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT (this "Agreement") is made this day of , 2003, by and between USTLER/FAGAN, INC., a Florida corporation, OCOEE COMMONS, LLC, a Florida limited liability company, and BLACKWOOD/50, LLC, a Florida limited liability company, whose mailing address is 236 Pasadena Place, Orlando, Florida 32803 (hereinafter individually and collectively referred to as the "Developer") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761(hereinafter referred to as the "City"). RECITALS WHEREAS, ALFRED H. KENT and CAROLYN S. KENT, PATRICIA KENT HIRE, ALFRED H. KENT, JR. and ALISON KENT BRYAN (hereinafter collectively referred to as the "Owner"), own 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, Owner and Ustler/Fagan, Inc. have entered into that certain Purchase and Sale Agreement dated January 30, 2002 (the "Purchase Agreement") whereby Owner has agreed to convey the Property subject to certain contingencies including annexation of the Property into the corporate limits of the City of Ocoee; 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 and Joint Planning Area Agreement between the City and Orange 006.281020. County (the "JPA 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 the execution of 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; 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 proper traffic circulation in the vicinity of the Property in accordance with the Ocoee Comprehensive Plan; and WHEREAS, the City has determined that, subject to the terms, conditions and limitations hereinafter set forth, it is feasible to extend municipal services to the Property on the same terms and conditions afforded to all property owners within the City except to the extent set forth in this Agreement; and WHEREAS, the City has conducted an Annexation Feasibility & Public Facilities Analysis with respect to the annexation of the Property and determined that this Agreement and the annexation of the Property is consistent with the goals, objectives and policies of the Ocoee Comprehensive Plan; and WHEREAS, pursuant to the application of the Owner, on , 2003 the Ocoee City Commission approved Ordinance No. 2003- annexing the Property into the corporate limits of the City (the "Annexation Ordinance");and WHEREAS, Developer acknowledges that adoption of the Annexation Ordinance is contingent upon Developer acquiring title to the Property. NOW, THEREFORE, in consideration of the mutual premises hereof, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. RECITALS. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. CONTINGENCY OF ANNEXATION. The Annexation Ordinance is contingent upon the Developer acquiring title to the Property from Owner within ninety (90) days of the date this Agreement is approved by the Ocoee City Commission. The execution of a deed from Owner to Developer within ninety (90) days of the date of this Agreement, and the subsequent recording of said deed of conveyance among the public records of Orange County, Florida, shall satisfy this contingency. Within ten (10) days of the recording of the deed of conveyance, the Developer shall provide to the City a copy of the recorded deed together with a letter confirming that the deed has been recorded and that the closing on the sale of the Property from Owner to Developer has occurred. The Developer shall cause this Agreement to be 006.281020. -2- recorded among the Public Records of Orange County, Florida following the deed of conveyance and prior to the recording of any mortgages on the Property, or, in the event the mortgage is recorded ahead of this Agreement, the Developer shall cause the mortgage holder to execute a recordable document in a form acceptable to the City evidencing that the mortgage holder joins in and consents to this Agreement and that its mortgage is subordinate to this Agreement. Within sixty (60) days of the recording of the deed of conveyance, the Developer shall present to the City an updated title report evidencing that the Property was not encumbered by a mortgage or other encumbrance not accepted by the City at the time of recording of the Agreement. In the event Developer does not acquire fee simple title to the Property from Owner within ninety (90) days of the date of this Agreement, the Annexation Ordinance shall be null and void and of no further force and effect. In addition, the Annexation Ordinance shall be specific to Developer, and is not effective should the Owner fail to convey the Property to Developer within the time set forth herein. SECTION 3. ANNEXATION OF THE PROPERTY. Prior to the execution of this Agreement by the City, the Ocoee City Commission has adopted the Annexation Ordinance subject to the contingency set forth in Section 2 hereof, thereby redefining the corporate territorial limits of the City to include the Property. SECTION 4. OCOEE COMMONS PUD. In the event the Property is developed in conjunction with the development of the property adjacent to the north and west boundaries of the Property ("Ocoee Commons PUD") then the Developer agrees that prior to receiving subdivision plan or site plan approval for the Property that the Owner will submit the required applications to the City, not withdraw said applications and pursue approval to rezone the Property to PUD, amend the Ocoee Commons PUD, and subject the Property to the then in effect Land Use Plan for Ocoee Commons, including all of the Conditions of Approval thereof. SECTION 5. ROADWAY IMPROVEMENTS. The Owner hereby acknowledges that those improvements for Tract "M" (Blackwood Ave.) and Tract "L3" (Montgomery Ave. from its intersection with Tract "M" up to the full access point to Tract "C") all as set forth on that certain Preliminary Subdivision Plan for Ocoee Commons PUD prepared by Design Services Group, Inc., date stamped as received by the City of Ocoee on , 2003 with such additional revisions thereto, if any, as may be reflected in the minutes of said City Commission meeting (the "Ocoee Commons PSP") are required to be completed prior to or in conjunction with the development of the Property and that no certificates of occupancy will be issued for the Property until such time as Tract "M" and Tract "L3" are constructed in accordance with a Final Subdivision Plan which is substantially consistent with the Ocoee Commons PSP and which shows the improvements to Tract"M" and Tract"Li' and said improvements are accepted by the City. SECTION 6. CROSS ACCESS EASEMENTS. Owner hereby agrees that any subdivision plan or site plan for development of Property approved by the City will provide for cross access between the Property and the parcel adjacent to the north boundary of the Property and between the Property and the parcel adjacent to the western boundary of the Property so as to allow for pedestrian and vehicular cross access between the parcels to the north and west of the Property and to allow for access to the Property from Blackwood Avenue and Montgomery 006.281020. -3- Avenue once Montgomery Avenue is extended to intersect with Blackwood Avenue. The Owner acknowledges that the Ocoee Commons PUD and Ocoee Commons PSP contemplate a private drive, providing pedestrian and vehicular access to the Property and to the parcel adjacent to the western boundary of the Property, along the western boundary of the Property. The Owner shall enter into such easement agreements as may be required by the City or the adjacent property owner(s) to effectuate the intent of this provision. SECTION 7. SOUTH BUFFER. Owner hereby agrees that any subdivision plan or site plan for development of the Property will include a twenty-five (25) foot buffer set back along the entire south boundary line of the Property. The twenty-five (25) foot buffer set back shall include up to five (5) feet of land subsequently taken by or conveyed to the Department of Transportation or other governmental entity for improvements to State Road 50. SECTION 8. LIMITATIONS ON DEVELOPMENT. Those portions of the Property developed for commercial uses shall be developed with the standards applicable to areas within a C-2 zoning district, according to Ordinance 99-23, as amended, except as may otherwise be specified in the plans and conditions of approval for the PUD of which this Property may become a part. Any uses that would be permitted as a special exception in a C-2 district will require special exception approval. However, even though the following uses would normally be permitted in a C-2 zoning district, the following uses shall not be permitted on those portions of the Property developed for commercial uses: automobile sales (new or used), automobile repair or service stations, pawn shops, or a convenience store with gas sales. SECTION 9. NOTICE: PROPER FORM. Any notices required or allowed to be delivered shall be in writing and be deemed to be delivered (1) when 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 party'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. Developer: do Ustler/Fagan, Inc. 236 Pasadena Place Orlando, Florida 32803 With copy to: J.P. Carolan, IB, Esquire Winderweedle, Haines,Ward & Woodman, P.A. 1500 Bank of America Center 390 N. Orange Avenue Orlando, Florida 32801 City: City of Ocoee Attn: City Manager 150 North Lakeshore Drive Ocoee, Florida 34761 With copy to: Paul E. Rosenthal, Esq. 006.281020. -4- Foley& Lardner 1 l l N. Orange Avenue, Suite 1800 Orlando, Florida 32801 SECTION 10. NOTICES; DEFAULT. Each of the parties hereto shall give the other party written notice of any default hereunder and shall allow the defaulting party thirty (30) days from the date of its receipt of such notice within which to cure any such defaults or to commence and thereafter diligently pursue to completion good faith efforts to effect such cure and to thereafter notify the other parties of the actual cure of any such defaults. This Agreement is enforceable at law or in equity by the non-defaulting party, including, but not limited to the right of specific performance. SECTION 11. 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 and shall run with the land. SECTION 12. 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 13. 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 14. 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 15. 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 16. 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 17. 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. 006.281020. -5- SECTION 18. 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. 006.281020. -6- IN WITNESS WHEREOF, the Developer and the City have caused this instrument to be executed by their duly authorized officers as of the day and year first above written. Signed, sealed and delivered in the DEVELOPER: presence of USTLER/FAGAN,INC., a Florida corporation Print Name By: F. Thomas Ustler, President Print Name (CORPORATE SEAL) 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 F. Thomas Ustler, as President of USTLER/FAGAN, INC. who [ ] is personally known to me or [ ] produced as identification, and that he 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 , 2003. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number(ifnol legible on seal): My Commission Expires Of not legible on seal): Signed, sealed and delivered in the 006.281020. -7- presence of OCOEE COMMONS, LLC, a Florida limited liability company Print Name By: F. Thomas Ustler, Managing Member Print Name 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 F. Thomas Ustler, as Managing Member of OCOEE COMMONS, LLC who [_] is personally known to me or [_] produced as identification, and that he 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 , 2003. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number(if not legible on sea0: My Commission Expires of not legible on sealp 006.281020. -8- Signed, sealed and delivered in the presence of BLACKWOOD/50, LLC, a Florida limited liability company Print Name By: F. Thomas Ustler, Managing Member Print Name 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 F. Thomas Ustler, as Managing Member of BLACKWOOD/50, LLC who [_] is personally known to me or [ ] produced as identification, and that he 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 , 2003. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number(it not legible on seal): My Commission Expires of not legible on seal): 006281020. '9' CITY: Signed, sealed and delivered in the presence of: CITY OF OCOEE,FLORIDA By: Print Name: S. Scott Vandergrift,Mayor Attest: lean Grafton,City Clerk Print Name: (SEAL) 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 ITEM NO. day of 2003. 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 aforesaid and in the County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2003. 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): 006.281020. -10- EXHIBIT "A" The Property EAST 'h OF SOUTHWEST '/a OF SOUTHEAST '/a OF SOUTHEAST 'A, SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; (LESS STATE ROAD). WEST 'h OF SOUTHEAST 'A OF SOUTHEAST '/a OF SOUTHEAST '/a, SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; (LESS ROAD RIGHT-OF-WAY ON SOUTH). MORE PARTICULARLY DESCRIBED AS: (METES AND BOUNDS DESCRIPTION) COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN N89°28'55"W, ALONG THE SOUTH LINE OF THE SOUTHEAST '/a OF SAID SECTION 20, A DISTANCE OF 331.90 FEET; THENCE N00°26'01"E A DISTANCE OF 68.39 FEET TO THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD NO. 50 FOR A POINT OF BEGINNING; THENCE N89°23'37"W, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 663.86 FEET; THENCE N00°23'10"E A DISTANCE OF 599.28 FEET; THENCE S89°09'40"E A DISTANCE OF 664.37 FEET; THENCE S00°26'01"W A DISTANCE OF 596.59 FEET TO THE POINT OF BEGINNING. -I 1- 006.281020.