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HomeMy WebLinkAboutVI (C3) Westen Bay, Project No. LS-03-001: Phase 1 Plat Agenda 6-03-2003 Item VI C3 FOLEY : LARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377-0533 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Scott A. Cookson, Esq., Assistant City Attorney THROUGH: Paul E. Rosenthal, Esq., City Attorney DATE: May 23, 2003 RE: Westyn Bay Phase I Plat Westyn Bay is a large residential subdivision bordering Lake Apopka west of Ocoee- Apopka Road (County Road 437) south of the ForestBrooke subdivision and just north of the City's Crown Point property. The first phase of development of Westyn Bay will consist of 170 single family lots comprising approximately 206 acres. Included within this first plat of the subdivision is a large recreational area tract on the northern end of the property which contains the subdivision's community meeting room. Several conservation tracts, roadway tracts and easements are being conveyed to the City in connection with this plat. All of the required documentation pertaining to the platting of this property has been reviewed and approved by City Staff This documentation includes: (I) A Temporary Drainage Easement in favor of the City located south of Ocoee Crown Point Parkway to allow for stormwater drainage until such time as Ocoee Crown Point Parkway is extended to the Crown Point property (at which time the stormwater runoff for Ocoee Crown Point Parkway will be directed to a retention pond within the platted property); (2) A Sign Easement in favor of the City of Ocoee which gives the City the right to install monument signagc at the corner of Ocoee Crown Point Parkway and Ocoee Apopka Road at such time as the City develops the Crown Point property; (3) An Access/Drainage Easement in favor of the City of Ocoee which will allow the City to access and maintain Tract R (a tract conveyed to the City of Ocoee between the Westyn Bay property and the Crown Point property and containing a small tributary known as Staten Branch); (4) A Special Warranty Deed conveying Tracts R, R-1, R-5, R-6, W and W-1 to the City. These tracts consist of conservation tracts and required right-of-way tracts; 006.296906. FOLEY 8 LARDNER FOLEY : LARDNER (5) A Limited Special Warranty Deed conveying Tracts AA and BB to the City of Ocoee. Tracts AA and BB are tracts within Lake Apopka below the ordinary high water line; (6) A Quit-Claim Deed conveying various common area tracts to the Westyn Bay Community Association; (7) Two Partial Release of Mortgage documents executed by the mortgage holder in order to allow the conveyance of the several tracts to the City and the Association free and clear of any existing mortgage; (8) A Joinder and Consent to Plat executed by the mortgage holder; and (9) The Declaration of Covenants, Conditions and Restrictions document for the subdivision which incorporates the new regulations concerning private gated communities. A few of the documents referenced above will need to be executed by the City. All of the documents referenced above will be recorded along with the Plat. A Performance Letter of Credit has been issued in the amount of $ 905,073.66 for the remaining subdivision infrastructure improvements. A Maintenance Bond will be issued at the time a Certificate of Completion is issued for the subdivision infrastructure. City Staff has determined that this plat is consistent with the Development Agreement, as amended by the First Amendment to Development Agreement in the previous agenda item, and is consistent with the approved Preliminary Subdivision Plan and Final Subdivision Plan, as amended by the Agreement for Modification of the PSP and FSP in the agenda item above. In the event that the First Amendment to Development Agreement and/or the Agreement for Modification of the PSP and FSP in the previous agenda item arc not approved, this plat will not be consistent with the Development Agreement and PSP and FSP and can only be approved conditioned upon revising the plat to be consistent with the Development Agreement and the PSP and FSP. Attachments 2 006.296906.