HomeMy WebLinkAboutVII (A1 a&b) First Reading of Ordinance: Adair Pointe Subdivision; Ordinance No. 2003-26 Annexation & Ordinance No. 2003-27 Initial Zoning Agenda 8-05-2003
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STAFF REPORT
DATE: July 23, 2003
TO: Honorable Mayor and City Commissioners
FROM: Thomas Grimms, AICP, Senior Planner
THROUGH: Russ Wagner, AICP, Community Development Director
SUBJECT: Adair Pointe—Annexation & Initial Zoning (Case #AR-02-10-07)
Ordinance 2003-26 (Annexation)
Ordinance 2003-27 (Initial Zoning)
ANNEXATION:
ISSUE:
Should the Mayor and City Commissioners adopt Ordinance 2003-26 annexing the above
referenced property?
BACKGROUND:
The Adair Pointe property includes about 3.52 acres located within a County enclave. The
property is located on the east side of Adair Street approximately 1,400 feet north of Wurst
Road, between Vignetti Park and Sorenson Field. (See attached Location Map.) The subject
property, Parcel ID 08-22-28-0000-00-042, is currently undeveloped and is covered with trees.
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). 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. At the time of the writing of this report, there were no responses. The
requested annexation is consistent with the JPA Agreement, state annexation criteria, and the
standards established by the City.
DISCUSSION:
Staff has determined that the City can adequately provide the typical range of urban services to
the subject property. Concurrently with this annexation application, an Annexation Agreement
and a Preliminary Subdivision Plan for the property have been prepared. Along with the usual
utility improvements, the documents indicate that the property owner will provide additional road
right-of-way for Adair Street. When the City Commission holds public hearings for the proposed
annexation and initial zoning for the property, a public hearing will also be held for the
Preliminary Subdivision Plan.
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July 23, 2003
City Commission
Page 2
A memo from the City Attorney Office, dated June 13, 2003, (copy attached) addressed the
need for three legal documents related to this annexation: 1) a Quit-Claim Deed, 2) a Warranty
Deed, and 3) the Annexation Agreement. Due to the inadvertent, improper conveyance of the
property from the property owner (Franken Properties, JV) to the City, the City now must use a
Quit-Claim Deed to convey the property back to the property owner. The Warranty Deed will be
used to dedicate 25 feet of road right-of-way along Adair Street to the City for future road
widening. The Annexation Agreement for consideration by the City details the conveyance to
the City a 25-foot wide strip of frontage along the existing right-of-way of Adair Street and the
documents the owner must provide concurrently with the conveyance.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The proposed annexation of the Adair Pointe property was reviewed by the Development
Review Committee (DRC) on June 23, 2003. When the discussion was finished, the Committee
voted unanimously to recommend approval of the proposed annexation.
NOTE: The few issues related to legal documents that needed to be finalized and a sidewalk
shown on the plan were resolved.
INITIAL ZONING:
ISSUE:
Should the Mayor and City Commissioners approve Ordinance 2003-27 adopting an Initial
Zoning designation of R-1 "Single-Family Dwelling District" for the 3.52 acres ?
DISCUSSION:
The Applicant wishes to develop a single-family residential subdivision and requests a zoning
designation of R-1 "Single-Family Dwelling District". Except for the approximately equal size
lots adjacent to the north and to the south of the subject property that are zoned R-3 and R-2
respectively, the surrounding area is zoned R-1, as shown on the Surrounding Zoning Map
attached. The proposed R-1 zoning is consistent with the County's and City's Future Land Use
designation of Low-Density Residential, as shown on the Surrounding Future Land Use Map
attached. The proposed R-1 initial zoning is consistent with the surrounding character of
development.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The proposed annexation of the Adair Pointe property was reviewed by the Planning and
Zoning Commission on July 8, 2003. There was a discussion of how the residents of the
subdivision will have access to Sorensen Field, the adjacent City owned recreation facility. The
few issues related to legal documents that needed to be finalized were resolved prior to the
meeting. When the discussion was finished, the Planning and Zoning Commission voted
unanimously to recommend approval of the proposed annexation and Initial Zoning of R-1
"Single-Family Dwelling District".
July 23, 2003
City Commission
Page 3
STAFF RECOMMENDATION:
Based on the recommendations of the DRC and the Planning and Zoning Commission, Staff
respectfully recommends that the Mayor and City Commissioners take the following actions
related to the Adair Pointe Property Annexation and Initial Zoning (Project#AR-02-10-07):
1. Approve the proposed annexation of the property by adopting Ordinance 2003-26;
2. Approve an initial zoning of R-1 for the property and adopt Ordinance 2003-27;
Authorize the Mayor and City Clerk to execute the Quit Claim Deed to convey the
right-of-way property back to the owner;
3. Approve the Annexation Agreement, subject to the owner executing the Annexation
Agreement and the Warranty Deed conveying the 25 feet of additional road right-of-
way to the City.
Attachments: Location Map
Surrounding Zoning Map
Surrounding Future Land Use Map
Annexation Feasibility Report
City Attorney Memo dated June 13,2003
Ordinance 2003•26 (Annexation)
Ordinance 2003-27 (Initial Zoning)
Annexation Agreement executed by the Applicant
O':Stalf Reports\2003\SR03065 CC.doc
City of Ocoee
Annexation and Feasibility Analysis
Name & Case Number: Adair Pointe/AR-02.10.07
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. This analysis for Adair Pointe was completed on 11/11/02.
I. PLANNING DEPARTMENT Thomas Grimms, AICP
A. Applicant/Owner
1. Applicant: Munian Developments, Inc.
7421 Clarcona-Ocoee Road
Orlando, FL 32818
2. Owner: J. Chris Howard Builders, Inc.
309 Richard Place
Orlando, FL 32806
B. Property Location
1. General Location: In the area of Vignetti Park and Sorensen Field.
On the east side of Adair Street at the intersection of
Adair Street& Northern Durango Avenue.
2. Parcel Identification Number: 08-22-28-0000-00-042
3. Street Address: 1813 Adair Street
4. Size of Parcel: Approximately 3.52 acres
C. Use Characteristics
1. Existing Use: Vacant (wooded)
2. Proposed Use: Single-family Residential
3. Density/Intensity: Less than 4 dwelling units per acre
4. Projected Population: Approximately 37 people
D. Zoning and Land Use
1. Orange County Future Land Use: Low Density Residential— less than 4 DU per acre
2. Orange County Zoning: A-1 "Citrus Rural District"
3. Ocoee Future Land Use: Low Density Residential— less than 4 DU per acre
4. Proposed Ocoee Zoning: R-1 "Single-family Dwelling District"
E. Consistency
1. Joint Planning Area: Yes
2. Comprehensive Plan: Yes
Page 1 of 4
City of Ocoee
Annexation and Feasibility Analysis
Name & Case Number: Adair Pointe/AR-02-10-07
II. FIRE DEPARTMENT Chief Ron Strosnider
1. Estimated Response Time: 2-3 Minutes
2. Distance to Property: 1.6 Miles to Fire Station #1
3. Fire Flow Requirements: Fire hydrants will be installed per City Code
(330' spacing).
III. POLICE DEPARTMENT Chief Steve Goclon
1. Police Patrol Zone/Grid/Area: Zone 1/ 52/Twin Lake Forrest
2. Estimated Response Time: 2 minutes (average)
3. Distance to Property: 2.3 miles
4. Average Travel Time 2 minutes
IV. ECONOMIC VALUE Thomas Grimms, AICP
1. Property Appraiser Taxable Value: $ 52,068
2. Property Appraiser Just Value $ 52,068
3. Estimated City Ad Valorem Taxes: N/A
4. Anticipated Licenses & Permits: Unknown at this time
5. Potential Impact Fees: N/A
6. Total Project Revenues: Unknown at this time
V. BUILDING DEPARTMENT Thomas Grimms, AICP
1. Within the 100-year Flood Plain: No. In Zone X (areas determined to be outside 500-
year floodplain) per FEMA Map # 12095CO210 E
(12/6/00).
VI. UTILITIES Richard Lee, P.E.
A. Potable Water
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: Yes
3. Extension Needed: No
4. Location and Size of There is a 10-inch line running along the west side of
Nearest Water Main: Adair Street.
B. Sanitary Sewer
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: Yes
3. Extension Needed: No
4. Location and Size of There is an 8-inch line running in the middle of Adair
Nearest Force Main: Street and a 6-inch force main just to the east of the
property. They will not have to tap into the force
main.
5. Annexation Agreement Needed: No
Page 2 of 4
City of Ocoee
Annexation and Feasibility Analysis
Name & Case Number: Adair Pointe/AR-02-10-07
C. Other
1. Utility Easement Needed: No
2. Private Lift Station Needed: No
3. Well Protection Area Needed: No
VII. TRANSPORTATION Thomas Grimms, AICP
1. Paved Access: Yes
2. Row Dedication: Yes; convey western 25' along Adair Street
3. Traffic Study: No
4. Traffic Zone: 562
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. The 2001 total daily capacity of Adair Street is 9,200 trips and the
daily traffic volume is 3,121, operating at 34/ capacity. Safety and
operational improvements on Adair Street are included in the 2020 Master
Plan, and the peak hour peak directional Level of Service is projected to
improve from level C in 1997 to level B in 2020.
B. Parks & The subject property is located in Neighborhood Service Area 5, which is well
Recreation: served by existing parks. The subject property is situated between Vignetti
Park and Sorenson Field, and approximately 1 mile west of Beech Recreation
Center.
C. Water/Sewer: At the time of this analysis, the City of Ocoee has sufficient sewer and water
capacity to provide water and sewer service. 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 on-site, per City Code and
St. Johns River Water Management regulations.
E. Solid Waste: At the time of this analysis, the City has 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: Actual impact fees will be calculated during the site plan approval process.
Page 3 of 4
City of Ocoee
Annexation and Feasibility Analysis
Name & Case Number: Adair Pointe/AR-02-10-07
IX. SITE SPECIFIC ISSUES All Departments
None.
X. CONSISTENCY WITH STATE REGULATIONS: Thomas Grimms, AICP
• This is a voluntary annexation. The property is contiguous to the City boundaries and
reasonably compact, per 171.044 Florida Statutes.
Page 4 of 4
FOLEY : LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0617
TO: Carolyn Alexander, Development Review Coordinator
FROM: Scott A. Cookson, Esq., Assistant City Attorney
DATE: June 13, 2003
RE: Adair Pointe Subdivision—Preliminary Subdivision Plan
(Project No. LS-02-008)
(Fourth Round Comments)
In connection with the above-referenced project, we have reviewed the following
documents:
1. Preliminary Subdivision Plan for Adair Pointe prepared by Pecht Evans
Engineering, Inc. stamped received by the City of Ocoee on May 2, 2003 (the
"Plan');
2. Boundary and Topographic Survey prepared by Swaggerty Land Surveying, Inc.
dated August 27, 2002 and stamped received by the City of Ocoee on May 2,
2003;
3. Commitment for Title Insurance issued by Ticor Title Insurance for the property
to be conveyed to the City (the "ROW Property") with an Effective Date of May
2, 2003 (the "Title Commitment");
4. Sketch and Descriptions for Plat Boundary and Road Right-of-Way prepared by
Swaggerty Land Surveying, Inc. dated December 6, 2002 and stamped received
by the City of Ocoee on May 2,2003; and
5. Response letter from Pecht Evans Engineering, Inc. dated May 1, 2003.
This Memorandum supercedes our prior memoranda dated of November 14, 2002,
January 17, 2003 and March 20, 2003. Based on our review of the documents noted above and
pursuant to the Land Development Code,we have the following comments:
1. Attached please find the following documents which have been prepared to
correct the improper conveyance of the subdivision property to the City:
006.297959.
a) Quit-Claim Deed from the City to Franken Properties, JV conveying back
to Franken Properties, IV the property originally conveyed to the City (the
"Q.C. Deed");
b) Warranty Deed from Franken Properties, IV conveying the ROW Property
to the City (the"ROW Deed"); and
c) Annexation Agreement detailing the agreement regarding the conveyance
of the ROW Property.
Please have the ROW Deed and the Annexation Agreement executed and
delivered to me to be held in escrow pending the City Commission meeting where
the project will be considered for approval. Assuming the project is approved,
following approval we will cause that the City execute the Q.C. Deed and record
the Q.C. Deed, Annexation Agreement and ROW Deed among the Public Records
of Orange County. Once we receive the recorded documents back from
recording, we will forward copies of the Q.C. Deed and the ROW Deed to
attorney Thomas H. Warlick for issuance of the Title Policy to the City consistent
with the Title Commitment.
2. Please be advised that we will contact the tax assessor's office regarding the
amount needed for the escrow of the 2003 prorated real estate taxes on the ROW
Property pursuant to Section 196.295, Florida Statutes. Prior to recording the
documents, we will need to receive a check from the developer for the escrow
amount.
3. Please confirm that there are no mortgage holders on the subdivision property that
would need to consent to the Annexation Agreement.
Please do not hesitate to contact us should you have any questions.
cc: Paul E. Rosenthal, Esq., City Attorney
Edward A. Storey, Esq., Assistant City Attorney
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ORDINANCE NO. 2003-26
TAX PARCEL Ill#08-22-28-0900-00-042
CASE NO.AR-02-10.07: Adair Pointe Annexation Ordinance
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 3.52 ACRES LOCATED APPROXIMATELY 1,400
FEET NORTH OF WURST ROAD ON THE EAST SIDE OF ADAIR
STREET PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; FINDING SAID ANNEXATION TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE
OCOEE CITY CODE, AND THE JOINT PLANNING AGREEMENT;
PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL
CITY MAPS; REPEALING CONFLICTING ORDINANCES; PROVIDING
DIRECTION TO THE CITY CLERK; PROVIDING FOR
SEVERABILITY; 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 approximately 3.52 acres of property as more particularly described in
Exhibit"A" hereto, 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 as subsequently amended (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
006.299653.
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. Authority. 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. Petition. 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. Annexation. 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.
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 4. Consistency Finding. The Ocoee City Commission hereby finds that the
annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and
the SPA Agreement and meets all of the requirements for annexation set forth in the Ocoee
Comprehensive Plan, the WA Agreement, and the Ocoee City Code.
Section 5. Corporate Limits. The corporate territorial limits of the City of Ocoee,
Florida, are hereby redefined to include said land herein described and annexed.
Section 6. Official Maps. The City Clerk is hereby authorized and directed to update
and supplement official City maps of the City of Ocoee, Florida, to include said land herein
described and annexed.
Section 7. Liability. 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.
-2-
006.299653.
Section S. Conflicting Ordinances. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 9. 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 10. Effective Date. 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.
-3-
006.299653.
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
-4-
006.299653.
EXHIBIT "A"
Legal Description of Annexed Property
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST '/a OF SECTION 8,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN
S.00°56'08"E. ALONG THE WEST LINE OF SAID NORTHEAST ''/a, A DISTANCE OF
1233.04 FEET TO THE NORTH LINE OF THE SOUTHWEST '/a OF THE NORTHEAST 'A
OF SAID SECTION 8; THENCE RUN N.89°33'16"E. ALONG SAID NORTH LINE 25.00
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.89°33'16"E. AND ALONG
SAID NORTH LINE 565.40 FEET TO THE EAST LINE OF THE WEST 590.4 FEET OF THE
SOUTHWEST '/a OF THE NORTHEAST '/a OF SAID SECTION 8; THENCE RUN
S.00°56'08"E. ALONG SAID EAST LINE, A DISTANCE OF 295.20 FEET; THENCE RUN
S.89°33'16"W. 363.30 FEET; THENCE RUN N.00°56'08"W. 91.70 FEET; THENCE RUN
S.89°33'16"W. 202.10 FEET TO A POINT LYING 25.00 FEET EAST OF THE AFORESAID
WEST LINE OF THE NORTHEAST '/a OF SECTION 8; THENCE RUN N.00°56'08"W.
PARALLEL WITII SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST '/a OF THE
NORTHEAST '/a OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA; THENCE RUN N.89°33'16"E. ALONG THE NORTH LINE OF SAID
SOUTHWEST '/a OF THE NORTHEAST '% OF SECTION 8, A DISTANCE OF 25.00 FEET;
THENCE RUN S.00°56'08"E. PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST
'/a OF THE NORTHEAST '/a OF SECTION 8, A DISTANCE OF 203.50 FEET; THENCE RUN
S.89°33'16"W. 25.00 FEET TO THE SAID WEST LINE; THENCE RUN N.00°56'08"W.
ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING.
-5-
006299653
Exhibit`B"
Location Map
Adair Pointe Annexation, Initial Zoning and Preliminary Subdivision Plan
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-6-
006.299653.
ORDINANCE NO. 2003-27
CASE NO.AR-02.10-07: Adair Pointe Zoning Ordinance
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1,
"GENERAL AGRICULTURE" TO OCOEE R-1 "SINGLE FAMILY
DWELIING" FOR CERTAIN PROPERTY CONTAINING
APPROXIMATELY 3.52 ACRES LOCATED APPROXIMATELY 1,400
FEET NORTH OF WURST ROAD ON THE EAST SIDE OF ADAIR
STREET PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE
REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING
CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner or owners (the "Applicant") of certain real property within the
corporate limits of the City of Ocoee, Florida have submitted an application to the City
Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone
approximately 3.52 acres of property, as more particularly described in Exhibit "A", from
Orange County A-1 "General Agriculture", to Ocoee R-1 "Single Family Dwelling"; and
WHEREAS, 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, the rezoning requested by the Applicant is consistent with the Joint Planning
Area Agreement entered into February 11, 1994 by and between Orange County and the City of
Ocoee, as amended (the"JPA Agreement"); 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 immediately
exercise municipal jurisdiction over said real property for the purposes of Part If of Chapter 163,
Florida Statutes; and
WHEREAS, on July 8, 2003 the Planning and Zoning Commission of the City of Ocoee,
Florida held a public hearing and recommended to the Ocoee City Commission that the rezoning
be approved; and
WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with
respect to the proposed rezoning of said real property; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041, Florida Statutes.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA,AS FOLLOWS:
006.299701.
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, for the following described real property containing approximately 3.52 acres within the
corporate limits of the City of Ocoee, Florida is hereby changed from Orange County A-1
"General Agriculture", to Ocoee R-1 `Single Family Dwelling":
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.
SECTION 3. OFFICIAL 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(6) of
Article V of Chapter 180 of the Ocoee City Code.
SECTION 4. CONFLICTING ORDINANCES. All ordinances or parts of ordinances
in conflict herewith are hereby repeated.
SECTION 5. 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 6. EFFECTIVE DATE. This Ordinance shall take effect upon passage and
adoption.
006 299701. 2
PASSED AM)ADOPTED this day of ,2003.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2003
READ FIRST TIME , 2003.
READ SECOND TIME AND ADOPTED
,2003.
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND LEGALITY
This day of ,2003.
FOLEY & LARDNER
By:
City Attorney
3
006 299701.
EXHIBIT "A"
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 'A OF SECTION 8,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN
S.00°56'08"E. ALONG THE WEST LINE OF SAID NORTHEAST ''/a, A DISTANCE OF
1233.04 FEET TO THE NORTH LINE OF THE SOUTHWEST '/a OF THE NORTHEAST 1/4
OF SAID SECTION 8; THENCE RUN N.89°33'16"E. ALONG SAID NORTH LINE 25.00
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.89°33'l6"E. AND ALONG
SAID NORTH LINE 565.40 FEET TO THE EAST LINE OF THE WEST 590.4 FEET OF THE
SOUTHWEST '/a OF THE NORTHEAST % OF SAID SECTION 8; THENCE RUN
S.00°56'08"E. ALONG SAID EAST LINE, A DISTANCE OF 295.20 FEET; THENCE RUN
S.89°33'16"W. 363.30 FEET; THENCE RUN N.00°56'08"W. 91.70 FEET; THENCE RUN
S.89°33'16"W. 202.10 FEET TO A POINT LYING 25.00 FEET EAST OF THE AFORESAID
WEST LINE OF THE NORTHEAST '/a OF SECTION 8; THENCE RUN N.00°56'08"W.
PARALLEL WITH SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST '% OF THE
NORTHEAST '/a OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA; THENCE RUN N.89°33'16"E. ALONG THE NORTH LINE OF SAID
SOUTHWEST ''/a OF THE NORTHEAST ''% OF SECTION 8, A DISTANCE OF 25.00 FEET;
THENCE RUN S.00°56'08"E. PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST
'/a OF THE NORTHEAST '/a OF SECTION 8, A DISTANCE OF 203.50 FEET; THENCE RUN
S.89°33'16"W. 25.00 FEET TO THE SAID WEST LINE; THENCE RUN N.00°56'08"W.
ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING.
006.299701. 4
EXHIBIT "B"
Location Map
Adair Pointe Annexation, Initial Zoning and Preliminary Subdivision Plan
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006.299701.
THIS INSTRUMENT PREPARED BY
ANI)SHOULD BE RETURNED TO:
Edward A. Storey,Esq.
FOLEY& LARDNER
Ill North Orange Avenue,Suite 1800
Post Office Box 2193
Orlando,FL 32802-2193
(407)423-7656
Parcel I.D.4:
Grantors' Tax Identification No.
For Recordin• Pur l oses Onl
WARRANTY DEED
THIS WARRANTY DEED is made this day of , 2003 by FRANKEN
PROPERTIES, JV, a Florida joint venture, whose address is 8609 Ashbury Park, Orlando,
Florida 32818 hereinafter referred to as "Grantor," in favor of the CITY OF OCOEE, a Florida
municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761,
hereinafter referred to as the "Grantee."
(wherever used herein the terms "Grantor' and "Grantee" shall include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the successors and
assigns of corporations, partnerships (including joint ventures), public bodies and quasi-public
bodies.)
WITNESS ETH:
That the Grantor, for and in consideration of the sum of $10.00 and other valuable
considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens,
remises, releases, conveys and confirms unto the Grantee, all that certain land situate in the
County of Orange, State of Florida, to-wit:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS
REFERENCE INCORPORATED HEREIN.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging
or in anywise appertaining.
TO HAVE AND TO HOLD,the same in fee simple forever.
The Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of the
Property in fee simple; that the Grantor has good, right and lawful authority to sell and convey
the Property; that the Grantor hereby fully warrants the title to the Property and will defend the
006.298450.
same against the lawful claims of all persons whomsoever; and that the Property is free and clear
of all liens and encumbrances.
IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed in its
name the day and year first above written.
SIGNED, SEALED AND DELIVERED IN FRANKEN PROPERTIES, JV, a
THE PRESENCE OF: Florida joint venture
By:
Name:
Print name: Title:
Print name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of 2003
by , as the of FRANKEN PROPERTIES, JV,
a Florida joint venture, who [ ] is personally known to me or [ ] produced
as identification.
[Notary Seal must be affixed[
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):
2
006.298450.
EXHIBIT "A"
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST '/4 OF THE
NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA; THENCE RUN N.89°33'16"E. ALONG THE NORTH LINE OF SAID
SOUTHWEST '/a OF THE NORTHEAST '/a OF SECTION 8, A DISTANCE OF 25.00 FEET;
THENCE RUN S.00°56'08"E. PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST
1/4 OF THE NORTHEAST ''/4 OF SECTION 8, A DISTANCE OF 203.50 FEET; THENCE RUN
S.89°33'16"W. 25.00 FEET TO THE SAID WEST LINE; THENCE RUN N.00"56'08"W.
ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING.
3
006.298450.
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Edward A. Storey,Esq.
FOLEY &LARDNER
III North Orange Avenue,Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407)423-7656
Case No.: AR-02-10-07: Adair Point For Recording Purposes Only
Tax I.D. #08-22-28-0000-00-042
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT (this "Agreement") is made this day of
, 2003 by and between the CITY OF OCOEE, a Florida municipal
corporation (hereinafter referred to as the "City"), whose mailing address is 150 North Lakeshore
Drive, Ocoee, Florida 34761 and FRANKEN PROPERTIES, JV, a Florida joint venture
(hereinafter referred to as the "Owner"), whose mailing address is 8609 Ashbury Park. Orlando,
Florida 32818.
RECITALS
WHEREAS, the Owner owns fee simple title to certain property located in Orange
County, Florida, said property being more particularly described in Exhibit "A" attached hereto
and by this reference made a part hereof(the "Property"); and
WHEREAS, pursuant to Section 171.044, Florida Statutes, the Owner has petitioned the
City Commission of the City (the "Ocoee City Commission") to voluntarily annex the Property
into the corporate limits of the City(the`Petition"); and
WHEREAS, the Planning and Zoning Commission has held a public hearing to review
the Petition and at such hearing found the annexation of the Property to be consistent with the
Ocoee Comprehensive Plan and Joint Planning Area Agreement between the City and Orange
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 that the Owner execute this Agreement as a condition
precedent to the consideration of the Petition by the Ocoee City Commission; and
WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and
found the proposed annexation to be consistent with the Ocoee Comprehensive Plan and the IPA
Agreement and to represent a minimal fiscal and level of service impact on the City; and
006.282561.
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.
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. ANNEXATION OF THE PROPERTY. Prior to the execution of
this Agreement by the City, the Ocoee City Commission has adopted Ordinance No. 2003-
for Case No. AR-02-10-07, thereby redefining the corporate territorial limits of the City to
include the Property.
SECTION 3. CONVEYANCE OF RIGHT-OF-WAY. Contemporaneous with the
approval of this Agreement the Owner shall convey to the City a twenty-five (25) foot-wide strip
of the Property lying adjacent and contiguous to, and along the entire length of the Property's
frontage on the existing right-of-way for Adair Street all as more particularly described on
Exhibit "B" attached hereto (the "Right-of-Way Property"). The Right-of-Way Property shall
be 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 Owner shall,
contemporaneously with the conveyance of the Right-of-Way Property to the City, provide to the
City, a current attorney's opinion of title, or a current title commitment, to be followed by a
policy of title insurance, evidencing that fee simple title to the Right-of-Way Property is free and
clear of all liens and encumbrances except for those matters acceptable to the City. The costs and
expenses related to the conveyance of the Right-of-Way Property including the cost of title work,
shall be borne solely by the Owner. Real property taxes on the Right-of-Way Property shall be
prorated as of the day before the City's acceptance of the 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. 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 conveyance of the
Right-of-Way Property to the City. Notwithstanding the subsequent conveyance of the Right-of-
Way Property to the City, the Owner shall be solely responsible for maintaining the Right-of-
006.282561. -2
Way Property until such time as improvements are made to Adair Street within the Right-of-Way
Property.
SECTION 4. 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.
Owner: Franken Properties, J V
8609 Ashbury Park
Orlando, Florida 32818
Crrr: City of Ocoee
Attn: City Manager
150 North Lakeshore Drive
Ocoee, Florida 34761
SECTION 5. 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 6. 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 7. 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 8. APPLICABLE LAW. This Agreement and the provisions contained
herein shall be construed, controlled, and interpreted according to the laws of the State of
Florida.
SECTION 9. 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 arc not materially
prejudiced and if the intentions of the parties can continue to be effected.
SECTION 10. 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,
0a6 282561. -3-
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 11. 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 12. 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.
SECTION 13. EFFECTIVE DATE. This Agreement shall first be executed by the
Owner and submitted to the City for approval by the Ocoee City Commission. Upon approval by
the Ocoee City Commission, this Agreement shall be executed by the City. The Effective Date
of this Agreement shall be the date of approval by the Ocoee City Commission.
006.282561. _4
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed the
day and year first above written.
"CITY"
CITY OF OCOEE, a Florida municipal
corporation
By:
S. Scott Vandergrift, Mayor
Attest:
Jean Grafton, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY this day of
FOLEY & LARDNER APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON UNDER
By: AGENDA ITEM NO.
City Attorney
-5-
006 2a2561.
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
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):
006282561. -6-
IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed
the day of
Signed, sealed and delivered "OWNER"
in the presence of:
FRANKEN PROPERTIES, JV, a Florida
joint venture
Signature By:
Name:
Print/Type Name Title:
Signature
Print/Type 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 acknowledgements, personally appeared
, as of FRANKEN
PROPERTIES, JV, a Florida joint venture, who [ I is personally known to me or [ I produced
as identification, and that he acknowledged executing the
foregoing instrument in the presence of two subscribing witnesses, freely and voluntarily.
WITNESS my hand and official seal in the County and State last aforesaid this day
of
Signature of Notary
Name of Notary(Typed, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
006.282561. -7-
EXHIBIT "A"
(The Property)
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST ''/4 OF SECTION 8,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN
S.00°56'08"E. ALONG THE WEST LINE OF SAID NORTHEAST 1/4, A DISTANCE OF
1233.04 FEET TO THE NORTH LINE OF THE SOUTHWEST % OF THE NORTHEAST 1/4
OF SAID SECTION 8; THENCE RUN N.89°33'16"E. ALONG SAID NORTH LINE 25.00
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.89°33'16"E. AND ALONG
SAID NORTH LINE 565.40 FEET TO THE EAST LINE OF THE WEST 590.4 FEET OF THE
SOUTHWEST 1/4 OF THE NORTHEAST '/ OF SAID SECTION 8; THENCE RUN
S.00°56'08"E. ALONG SAID EAST LINE, A DISTANCE OF 295.20 FEET; THENCE RUN
S.89°33'16"W. 363.30 FEET; THENCE RUN N.00°56'08"W. 91.70 FEET; THENCE RUN
S.89°33'16"W. 202.10 FEET TO A POINT LYING 25.00 FEET EAST OF THE AFORESAID
WEST LINE OF THE NORTHEAST '/4 OF SECTION 8; THENCE RUN N.00°56'08"W.
PARALLEL WITH SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST '/4 OF THE
NORTHEAST '/4 OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA; THENCE RUN N.89°33'16"E. ALONG THE NORTH LINE OF SAID
SOUTHWEST 1/4 OF THE NORTHEAST '/4 OF SECTION 8, A DISTANCE OF 25.00 FEET;
THENCE RUN S.00°56'08"E. PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST
% OF THE NORTHEAST '/4 OF SECTION 8, A DISTANCE OF 203.50 FEET; THENCE RUN
S.89°33'16"W. 25.00 FEET TO THE SAID WEST LINE; THENCE RUN N.00°56'08"W.
ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING.
006.282561. -8-
EXHIBIT "B"
(Right of Way Property)
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST ' OF THE
NORTHEAST '/ OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA; THENCE RUN N.89°33'I6"E. ALONG THE NORTH LINE OF SAID
SOUTHWEST '/a OF THE NORTHEAST '/ OF SECTION 8, A DISTANCE OF 25.00 FEET;
THENCE RUN S.00°56108"E. PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST
' OF THE NORTHEAST ' OF SECTION 8, A DISTANCE OF 203.50 FEET; THENCE RUN
S.89°33'16"W. 25.00 FEET TO THE SAID WEST LINE; THENCE RUN N.00°56'08"W.
ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING.
006.282561. -9
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Edward A. Storey, Esq.
FOLEY &LARDNER
I11 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando,FL 32802-2193
(407)423-7656
Parcel I.D.#
Grantor's Tax Identification No. For Recording Purposes Only
QUIT-CLAIM DEED
THIS QUIT-CLAIM DEED, made and executed this day of , 2003,
by the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North
Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "Grantor"), to FRANKEN
PROPERTIES, JV, a Florida joint venture, whose address is 8609 Ashbury Park, Orlando,
Florida 32818 (hereinafter referred to as the"Grantee").
(wherever used herein, the terms "Grantor" and"Grantee" shall include all the parties
to this instrument and the heirs, legal representatives and assigns of individuals, and
the successors and assigns of corporations, partnerships (including joint ventures),
public bodies and quasi-public bodies.)
WI'T'NESSE'TH:
THAT the Grantor, for and in consideration of the sum of ONE and NO/100 DOLLARS
($1.00) in hand paid by the Grantee, the receipt whereof is hereby acknowledged, does hereby
donate, remise, release and quit-claim unto the Grantee forever, all the right, title, interest, claim
and demand which the Grantor has in and to the following described lot, piece or parcel of land,
situate, lying and being in the County of Orange, State of Florida, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF BY REFERENCE(hereinafter referred to as the "Property").
ON FEBRUARY 3, 2003 A WARRANTY DEED EXECUTED BY GRANTEE WAS
RECORDED AT OFFICIAL RECORDS BOOK 06769, PAGE 0532 PUBLIC RECORDS
OF ORANGE COUNTY, FLORIDA. THIS WARRANTY DEED CONTAINED AN
INCORRECT LEGAL DESCRIPTION. THIS QUIT-CLAIM DEED IS EXECUTED
AND RECORDED IN ORDER TO CONVEY THE PROPERTY BACK TO THE
GRANTEE. A NEW WARRANTY DEED EXECUTED BY GRANTEE WILL BE
RECORDED SUBSEQUENT TO THE RECORDING OF THIS QUIT-CLAIM DEED TO
EVIDENCE THE CORRECT INTENDED CONVEYANCE.
006.298452.
Together with all right, title and interest, if any, of Grantor in and to any and all streets,
roads and rights-of-way immediately adjacent to the Property.
TO HAVE AND TO HOLD, the same together with all and singular the appurtenances
thercunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and
behoof of the Grantee forever.
IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the day and
year first above written.
GRANTOR:
CITY OF OCOEE, a Florida municipal
corporation
By:
S. Scott Vandergrift, Mayor
Attest:
Jean Grafton, City Clerk
[Affix 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 , 2003
LEGALITY THIS DAY OF UNDER AGENDA ITEM NO.
2003.
By:
Foley&Lardner
City Attorney
2
006 298452.
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
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):
3
006.298452.
EXHIBIT "A"
(The Property)
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST ''A OF SECTION 8,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN
S.00°56'08"E. ALONG THE WEST LINE OF SAID NORTHEAST 1/4, A DISTANCE OF
1233.04 FEET TO THE NORTH LINE OF THE SOUTHWEST % OF THE NORTHEAST '/4
OF SAID SECTION 8; THENCE RUN N.89°33'I6"E. ALONG SAID NORTH LINE 25.00
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.89°33'16"E. AND ALONG
SAID NORTH LINE 565.40 FEET TO THE EAST LINE OF THE WEST 590.4 FEET OF THE
SOUTHWEST '/4 OF THE NORTHEAST % OF SAID SECTION 8; THENCE RUN
S.00°56'08"E. ALONG SAID EAST LINE, A DISTANCE OF 295.20 FEET; THENCE RUN
S.89°33'16"W. 363.30 FEET; THENCE RUN N.00°56'08"W. 91.70 FEET; THENCE RUN
S.89°33'I6"W. 202.10 FEET TO A POINT LYING 25.00 FEET EAST OF THE AFORESAID
WEST LANE OF THE NORTHEAST % OF SECTION 8; THENCE RUN N.00°56'08"W.
PARALLEL WITH SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST '/4 OF THE
NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA; THENCE RUN N.89°33'16"E. ALONG THE NORTH LINE OF SAID
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 8, A DISTANCE OF 25.00 FEET;
THENCE RUN S.00°56'08"E. PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST
% OF THE NORTHEAST ''/4 OF SECTION 8, A DISTANCE OF 203.50 FEET; THENCE RUN
S.89°33'16"W. 25.00 FEET TO THE SAID WEST LINE; THENCE RUN N.00°56'08"W.
ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING.
4
006.298452.