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HomeMy WebLinkAboutVI(A3) Second Reading of Ordinances: Fullers Cross Commercial PUD0 i v Z. May S. Scott Vandergrift Acting City Manager V. Eugene Williford TO: FROM: THROUGH DATE: SUBJECT: ISSUE: STAFF REPORT The Mayor & City Commissioners Terry James, AICP, Principal Planner Russ Wagner, AICP, Community Development Director June 7, 2004 Fullers Cross Commercial PUD Applicant: Maury L. Carter & Associates Agenda 06-15-2004 Item VI A3 a,b,c,d,e,f Commissioners Danny Howell, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Nancy J. Parker, District 4 Joint Planning Area Amendment # 12 (JPA-04-009) Annexation Ordinance: 2004-13 (AR-03-07-09) Small -Scale Comprehensive Plan Amendment Ordinance: 2004-14 (SSCPA-03-008) Initial Zoning Ordinance: 2004-15 (AR-03-07-09) Development Agreement Shared Access Easement Agreement Should the Mayor & City Commissioners approve the Annexation, Joint Planning Area Amendment, Small -Scale Comprehensive Plan Amendment, Initial Zoning, and Development Agreement for Fullers Cross Commercial PUD? D: General Location: The property is loca AeftatT!O'Fullers Cross Road in unincorporated Orange County on the southwest comer of the intersection of Fullers Cross and Ocoee -Apopka Roads. Parcel Identification #: 07-22-28-0000-00-071 Property Size: 5.08 +/- acres Actual land use unique features & proposed development plans: The property is currently vacant and densely wooded. There are no known archeological or historical sites located on the site; however, wetland areas may be located on the south edge of the property. The proposed development is for a Commercial Planned Unit Development (PUD) for retail and a restaurant, with a maximum of 44,000 square feet of building area. City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905-3100 • fax: (407) 656-8504 • www.ci.ocoee.fl.us Fullers Cross Commercial PUD AR-03-07-09 Page 2of8 Future land use & requested initial zoning classification of the subject Property: CLASSIFICATION CURRENT PROPOSED JPA Land Use Low Density Residential/Conservation Commercial/Conservation Future Land Use Orange County Low Density Residential Ocoee Commercial Zoning Orange Coun R-CE Rural County Estate Ocoee Commercial PUD Current future land use and zoning classifications of the surrounding Properties: DIRECTION CURRENT FUTURE LAND USE CURRENT ZONING North Ocoee Commercial Ocoee Commercial PUD East Ogee Low Density Residential Ocoee R1-AA Single Family Dwelling South Orange County Conservation & Low Density Residential Orange County R-CE Rural County Estate West Ocoee Institutional Ocoee Public Use PUD Because the property is currently located in unincorporated Orange County, and the Ocoee - Orange County JPA Land Use designation is currently "Low Density Residential" and "Conservation/Wetlands", the approval of an amendment to the JPA Agreement is required before the annexation can be effective. An amendment to the Orange County -Ocoee Joint Planning Area Agreement would establish a JPA land use designation for the property as "Commercial" and "Conservation/Wetlands". The property is currently designated "Low Density Residential" and "Conservation/Floodplains" on the Ocoee Future Land Use Map necessitating small scale comprehensive plan amendment to change the Future Land Use Classification to "Commercial" and "Conservation/Floodplains". The applicant has also requested an initial zoning classification of "Commercial PUD". Since the Commercial PUD classification has been requested, a development agreement will also be required. Transportation: Ocoee -Apopka Road (County Road 437) is a major north -south arterial roadway, and is currently a 2-lane facility with an adopted level of service of "E". The Ocoee -Apopka Road segment from Fullers Cross Road to McCormick Road theoretically operates at level of service "F" when vested trips are assigned. According to the Ocoee Comprehensive Plan (Figure 11b), this roadway will become a 4-lane facility by 2020 at which time it will operate at LOS "C". The current Average Daily Traffic (ADT) on Ocoee -Apopka Road/County Road 437 is as follows: FROM TO LANES ADOPTED LOS ADOPTED LOS 2003 Volumes: VOLUME /CAPACITY LOS PERFORMANCE EXISTING RESERVED TOTAL STANDARD NUMERIC & FROM RATIO CAPACITY VESTED APPROVED STANDARD DEVELOPMENT SR438/Silver Fuller's 2 E 19,400 5,975 4,470 10,445 0.54 A Star Rd. Fuller's Cross Rd. McCormick 2 E 19,400 9,246 10,648 i 19,894 1.03 F I Cross Rd. Rd. __ I Fullers Cross Commercial PUD Location Map 1 Q' m kV, v = "T...- FULLERS CROSS i/ t (( fi ;�I j•! i l id7 ! 1• ! l tiu i W ,j(f ji rjr, i�l1l I r i r 1 � LOG LANDIN i Fullers Cross Commercial PUD Surrounding Zoning Map Ocoee Community Development Department 1 inch equals 1,185.126765 feet 0 400 800 1,200 1,600 Feet Printed: July 2003 QSubject Property Unincorporated Territory ® and Other Municipalties Zoning Classification: General Agricultural (A-1) Suburban (A-2) Single -Family Dwelling (R-1AAA) Single -Family Dwelling (R-1AA) Single -Family Dwelling (R-1A) Single -Family Dwelling (R-1) One- & Two -Family Dwelling (R-2) Multiple -Family Dwelling (R-3) 1 Mobile Home Subdivision (RT-1) Professional Offices & Services (P-S) Neighborhood Shopping (C-1) Community Commercial (C-2) General Commercial (C-3) Restricted Manufacturing & Warehousing (1-1) General Industrial (1-2) Commercial (PUD) Low Density (PUD) Medium Density (PUD) High Density (PUD) Unclassified Lakes and Water Bodies thz center of Good Llpja d COER Ocoee Community Development Department 1 inch equals 400 feet 0 140 280 420 560 Feet Printed: May 2004 a Subject Property Unincorporated Territory Dand Other Municipalties Low Density Residential Medium Density Residential High Density Residential t Professional Offices and Services Commercial Light Industrial Heavy Industrial Conservation/Floodplains Recreation and Open Space Public Facilities/Institutional = Road Right -of -Way Lakes and Water Bodies Fullers Cross Commercial PUD Proposed Future Land Use Map 0 F It A r.� City of Ocoee Annexation and Feasibility Analysis Case Number & Name: AR-03-07-091 Fullers Cross Commercial PUD Date: March 17, 2004 This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual properties. Each department has filled in the appropriate section and the findings are summarized below. I. PLANNING DEPARTMENT Jennifer Willman A. Applicant / Owner Address 1. Applicant: 2. Owner: B. Property Location 1. General Location: 2. Parcel Identification Number: 3. Street Address: 4. Size of Parcel(s): C. Use Characteristics 1. Existing Use: 2. Proposed Use: 3. Density / Intensity: 4. Projected Population: D. Zoning and Land Use 1. Orange County Future Land Use: 2. Orange County Zoning: 3. Existing Ocoee Future Land Use: 4. Proposed Ocoee Future Land Use: 4. Proposed Ocoee Zoning: E. Consistency 1. Joint Planning Area: 2. Comprehensive Plan: Maury L. Carter and Associates 908 S. Delaney Avenue Orlando, FL 32806 407-422-3144 Carter Charles Hershel Trust 100 Midget Place Winter Garden, FL 34787 Southwest corner of Fullers Cross Road and Ocoee -Apopka Road (C.R. 437) 07-22-28-0000-00-071 2280 Fullers Cross Road 5.08 Acres Vacant, densely wooded Retail and Restaurant 44,000 SF max. building area N/A Low Density Residential R-CE (Rural Country Estate) Low Density Residential Commercial Commercial PUD Inside Boundary; Land Use Amendment Required Inconsistent; Comp Plan Amendment Required II. FIRE DEPARTMENT Chief Ron Strosnider 1. Estimated Response Time: 6 minutes 2. Distance to Property: 3 miles 3. Fire Flow Requirements: Fire hydrants will be installed per City Code Page 1 of 3 City of Ocoee Annexation and Feasibility Analysis Case Number & Name: AR-03-07-091 Pullers Cross Commercial PUD Date: March 17, 2004 III. POLICE DEPARTMENT Chief Steve Goclon 1. Police Patrol Zone: 78B 2. Estimated Response Time: 7 to 8 minutes 3. Distance to Property: 2.1 miles 4. Average Travel Time: 6 minutes IV. ECONOMIC VALUE Jennifer Willman 1. Property Appraiser Taxable Value: $25,000 2. Property Appraiser Just Value: $25,000 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 Jennifer Willman 1. Within 100-year Flood Plain: No VI. UTILITIES David Wheeler, P.E. A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: 3. Extension Needed: 3. Location and Size of Nearest Water Main: B. Sanitary Sewer 1. In Ocoee Service Area: 2. City Capable of Serving Area: 3. Extension Needed: 3. Location and Size of Nearest Main: 4. Annexation Agreement Needed: C. Other 1. Utility Easement Needed: 2. Private Lift Station Needed: 3. Well Protection Area Needed: Yes Yes, by Developer 8" along Fullers Cross Road 12" Main on east side of Ocoee -Apopka Rd Yes Yes Yes, by Developer 12" Force Main on Palm Dr & Ocoee -Apopka Rd; Gravity Manhole in Amber Ridge Subdivision Yes Yes, if Developer dedicates water line to City Yes No VII. TRANSPORTATION Jennifer Willman 1. Paved Access: Yes, from C.R. 437 and Fullers Cross Road 2. ROW Dedication Required: Yes, for widening of Fullers Cross Road, and for joint access on western boundary. 3. Traffic Study: Yes 4. Traffic Zone: 546 Page 2 of 3 City of Ocoee Annexation and Feasibility Analysis Case Number & Name: AR-03-07-09 t Fullers Cross Commercial PUD 17, 2004 Vill. PRELIMINARY CONCURRENCY EVALUATION Jennifer Willman A. Transportation: Ocoee -Apopka Road is a major north -south arterial roadway, and is currently a 2-lane facility with an adopted level of service (LOS) "E°. The Ocoee -Apopka Road segment from Silver Star Road (SR 438) to Fullers Cross Road is currently operating at LOS "A". However, the segment from Fullers Cross Road to McCormick Road is currently operating at LOS "F" which is why the provision of left turn lanes at Fullers Cross Road and Ocoee -Apopka Road is critical to the functioning of that intersection. The Developer will dedicate 20' ROW along Fullers Cross Road for future widening of that road. Enough ROW already exists on Ocoee -Apopka Road for future widening to 4-lanes by 2020 as prescribed in the Ocoee Comprehensive Plan. B. Parks/Recreation: N/A C. Water/Sewer: The City will provide water service. The closest water main is a 12" on the east side of Ocoee -Apopka Road. The Developer will construct an 8" water main on Fullers Cross Road. On -site septic will be utilized during the first phase of development until City sewer service is available; currently the closes sewer connection is 1.5 miles south. 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 will be subject to an official concurrency evaluation during the site plan approval process. F. Impact Fees: Please contact the Planning Division for an impact fee estimate. Actual impact fees will be calculated during the site plan approval process. IX. SITE SPECIFIC ISSUES All Dep artments None. X. CONSISTENCY WITH STATE REGULATIONS Jennifer Willman This is a voluntary annexation. The property is contiguous to the City boundaries and reasonable compact, per 171.044 Florida Statues. oAdevelopment revieMprojects 2004\fullers cross commercial pud\fullers cross annexation feasibility report.doc Page 3 of 3 Commercial Real Estate Investments • Management • Brokerage • Development • Land April 23, 2004 To: Russ Wagner Community Development Director City of Ocoee 150 N. Lakeshore Dr. Ocoee, FI 34761 From: Pat Chisholm &Preston M. Hage Maury L. Carter & Associates, Inc. 3333 S. Orange Avenue., Orlando, FL 32806-8500 Office: (407) 422-3144 Fax: (407) 422-3155 E-Mail: pmhage@maurycarter.com Website: www.maurycarter.com Dear Mr. Wagner, Per your advice we met with Kevin Keller, the President of the Crown Point Woods HOA, on April 20, 2004 at 7:00 pm. We felt the meeting went very well. Kevin was supportive of the proposed rezoning of the property to Commercial PUD and the annexation of the property into the City of Ocoee. We informed Kevin of the schedule for the project including the P&Z dates and the council meetings over the next two months. Kevin said he would relay the information to the rest of the HOA. It is our understanding that the Crown Point Woods HOA is supportive of our project i hank you, Pat Chisholm P'4'c� Preston Hage Maury L. Carter & Associates, Inc. Licensed Real Estate Broker 3333 S. Orange Avenue, Suite 200.Orlando, Florida 32806-8500 Post Office Box 568821 •Orlando, Florida 32856-8821 Telephone: (407) 422-3144 Fax: (407) 422-3155 Web Site: www.maurycarter.com i i �' APO 26 W ORDINANCE NO. 2004-13 TAX PARCEL ID #: 07-22-28-0000-71 PROJECT NO. AR-03-07-09: Fullers Cross Commercial Development Annexation AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.08 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE OCOEE APOPKA ROAD AND FULLER'S CROSS ROAD INTERSECTION 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 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 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 ORDINANCE NO -1- WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with the JPA Agreement, and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City Commission that it approve said annexation petition; and WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the owners of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City of Ocoee, Florida, to include said real property. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section 7 of Article 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 JPA Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JPA 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. ORDINANCE NO -2- Section 8. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. Section 9. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. This Ordinance shall take effect upon passage and adoption. Thereafter the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the Florida Department of State within seven (7) days from the date of adoption. ORDINANCE NO -3- PASSED AND ADOPTED this 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 , 2004 FOLEY & LARDNER LLP By: City Attorney day of , 2004. APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED AND READ FIRST TIME , 2004. READ SECOND TIME AND ADOPTED , UNDER AGENDA ITEM NO. ORDINANCE NO -4- EXHIBIT "A" Legal Description VACATED LOTS 1, 2, 3, 4, TRACT B AND CROWN POINT COURT, CROWN POINT WOODS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 101 THROUGH 103 AND SUBSEQUENT VACATION RECORDED IN OFFICIAL RECORDS BOOK 3804, PAGE 1504 AND AS AMENDED IN OFFICIAL RECORDS BOOK 3911, PAGE 1975, ALL OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A" OF SAID PLAT OF CROWN POINT WOODS, AS THE POINT OF BEGINNING; THENCE RUN N 00°51'53" E, ALONG THE WEST LINE OF VACATED LOTS 3 AND 4, 501.92 FEET TO THE SOUTH RIGHT OF WAY LINE OF FULLERS CROSS ROAD; THENCE RUN S 89°57'47" E, ALONG SAID SOUTH LINE, 508.78 FEET TO THE WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD; THENCE RUN S 05°22'47" E ALONG SAID WEST LINE, 352.84 FEET TO A CURVE CONCAVE TO THE EAST; THENCE RUN SOUTHERLY ALONG SAID WEST LINE AND CURVE HAVING A CENTRAL ANGLE OF 00043'38", A RADIUS OF 1969.86 FEET, AN ARC LENGTH OF 25.00 FEET, A CHORD BEARING OF S 05044'36" E AND A CHORD DISTANCE OF 25.00 FEET TO THE NORTH LINE OF AFORESAID TRACT "A"; THENCE RUN THE FOLLOWING FIVE (5) COURSES AND DISTANCES ALONG SAID NORTH LINE: S 70°37'57" W, 148.52 FEET; N 45°00'00" W, 80.00 FEET; S 82040'19" W, 190.87 FEET; S 29000'00" W, 103.00 FEET; S 81°03'31" W, 117.43 FEET TO THE POINT OF BEGINNING. ORDINANCE NO -5- . Sw Fullers Cross Commercial PUD Location Map ORow*wosmO. 2004-13 TWELFTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE (CASE NO. JPA-04-009: FULLERS CROSS COMMERCIAL PUD) THIS TWELFTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this "Amendment") is made and entered into as of the day of , 2004, by and between ORANGE COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County") and the CITY OF OCOEE, a Florida municipal corporation (the "City") RECITALS WHEREAS, the County and the City have entered into a certain Joint Planning Area Agreement, dated February 11, 1994 as amended by the First Amendment thereto dated August 4, 1998, as amended by the Second Amendment thereto dated January 19, 1999 as amended by the Third Amendment thereto dated November 2, 1999, as amended by the Fourth Amendment thereto dated November 14, 2000, as amended by the Fifth Amendment thereto dated May 6, 2003, as amended by the Sixth Amendment thereto dated July 15, 2003, as amended by the Seventh Amendment thereto dated February 10, 2004, as amended by the Eight Amendment thereto dated February 10, 2004, as amended by the Ninth Amendment thereto dated February 10, 2004, as amended by the Tenth Amendment thereto dated February 10, 2004, as amended by the Eleventh Amendment thereto dated April 6, 2004, and as amended by that certain First Amendment to Joint Planning Area Land Use Map, dated August 4, 1998 (hereinafter collectively referred to as the "Joint Planning Area Agreement"); and WHEREAS, the Joint Planning Area Agreement relates to property described therein which is located in and around the boundaries of the City (the "Joint Planning Area"); and TWELFTH AMENDMENT TO .JOINT PLANNING WHEREAS, both the County and the City exercise comprehensive planning authority pursuant to Chapter 163, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act, and enforce land development regulations to regulate the development of land within the respective areas of jurisdiction of each party; and WHEREAS, the County and the City have the authority to enter into this Amendment pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act in general and Section 163.3171, Florida Statutes, in particular; and WHEREAS, the provisions of the Joint Planning Area Agreement set forth certain procedures for amending the future land use designations shown on the Joint Planning Area Land Use Map (hereinafter the "JPA Land Use Map"); and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement as it relates to certain real property within the corporate limits of the City of Ocoee, consisting of approximately 5.08 acres of land, all as more described in Exhibit "1" attached hereto and by this reference made a part thereof (the "Affected Parcel"); and WHEREAS, the Affected Parcel is located within the Joint Planning Area; and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement in order to change the land use designation shown on the JPA Land Use Map for the Affected Parcel from "Low Density Residential" and Conservation/Wetlands" to "Commercial" and Conservation/Wetlands" (hereinafter referred to as the "Proposed Map Amendment"); and WHEREAS, the City has notified the County of the Proposed Map Amendment pursuant to the provisions of Section 8C of the Joint Planning Area Agreement and requested that the County amend the JPA Land Use Map as it relates to the Affected Parcel; and -2- TWELFTH AMENDMENT TO JOINT PLANNING WHEREAS, the County has advised the City that it desires that separate public hearings be held with respect to this Amendment; and WHEREAS, the local planning agencies of both the County and City have considered this Amendment and made recommendations to the Orange County Board of County Commissioners and the Ocoee City Commission, respectively; and WHEREAS, pursuant to Section 163.3171(3), Florida Statutes, this Amendment has been approved at advertised public hearings held by both the Orange County Board of County Commissioners and the Ocoee City Commission. NOW, THEREFORE, in consideration of the covenants made by each party to the other and of the mutual advantages to be realized by the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the County and the City hereby agree as follows: Section 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. Section 2. Authority. This Amendment is entered into pursuant to (1) Chapters 125, 163 and 166, Florida Statutes, (2) the general authority of Section 163.01, Florida Statutes, relating to interlocal agreements, (3) the Charters of the County and City, and (4) the Joint Planning Area Agreement. Section 3. Definitions. All terms and phrases used in this Amendment shall be as defined in the Joint Planning Area Agreement unless otherwise indicated. Section 4. Affected Parcel; Amendment to Joint Planning Area Agreement. The JPA Land Use Map is hereby amended to change the land use designation of the Affected Parcel from "Low Density Residential" and Conservation/Wetlands" to "Commercial" and -3- TWELFTH AMENDMENT TO .JOINT PLANNING Conservation/Wetlands." The Affected Parcel is described in Exhibit "1" attached hereto. The existing Exhibit `B" to the Joint Planning Area Agreement which sets forth the Joint Planning Area Land Use Map is to be amended to incorporate this Amendment. All references in the Joint Planning Area Agreement to Exhibit `B" shall henceforth be deemed to include the JPA Land Use Map as amended to incorporate this Amendment. Section 5. Continuing Effect. Except as expressly set forth herein, the Joint Planning Area Agreement remains unchanged and in full force and effect. -4- TWELFTH AMENDMENT TO .JOINT PLANNING IN WITNESS WHEREOF, the County and City have executed this Amendment on behalf of the County and City, respectively, and have set their seals hereto as of the date set forth above. ORANGE COUNTY, FLORIDA By: BOARD OF COUNTY COMMISSIONERS C County Chairman DATE: ATTEST: , County Comptroller As Clerk of Board of County Commissioners Deputy Clerk -5- TWELFTH AMENDMENTTO .JOINT PLANNING FOR THE USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2004 FOLEY & LARDNER LLP By: City Attorney CITY OF OCOEE, a Florida municipal corporation By: S. SCOTT VANDERGRIFr, Mayor Attest: JEAN GRAFTON, City Clerk (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON 2004 UNDER AGENDA ITEM NO. TWELFTH AMENDMENT TO .JOINT PLANNING STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this _ day of 12004. Signature of Notary Name of Notary (type, printed or stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): -7- TWELFTH AMENDMENT TO .JOINT PLANNING EXHIBIT "I" LEGAL DESCRIPTION OF AFFECTED PARCEL VACATED LOTS 1, 2, 3, 4, TRACT B AND CROWN POINT COURT, CROWN POINT WOODS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 101 THROUGH 103 AND SUBSEQUENT VACATION RECORDED IN OFFICIAL RECORDS BOOK 3804, PAGE 1504 AND AS AMENDED IN OFFICIAL RECORDS BOOK 3911, PAGE 1975, ALL OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A" OF SAID PLAT OF CROWN POINT WOODS, AS THE POINT OF BEGINNING; THENCE RUN N 00051'53" E, ALONG THE WEST LINE OF VACATED LOTS 3 AND 4, 501.92 FEET TO THE SOUTH RIGHT OF WAY LINE OF FULLERS CROSS ROAD; THENCE RUN S 89057'47" E, ALONG SAID SOUTH LINE, 508.78 FEET TO THE WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD; THENCE RUN S 05022'47" E ALONG SAID WEST LINE, 352.84 FEET TO A CURVE CONCAVE TO THE EAST; THENCE RUN SOUTHERLY ALONG SAID WEST LINE AND CURVE HAVING A CENTRAL ANGLE OF 00043'38", A RADIUS OF 1969.86 FEET, AN ARC LENGTH OF 25.00 FEET, A CHORD BEARING OF S 05044'36" E AND A CHORD DISTANCE OF 25.00 FEET TO THE NORTH LINE OF AFORESAID TRACT "A"; THENCE RUN THE FOLLOWING FIVE (5) COURSES AND DISTANCES ALONG SAID NORTH LINE: S 70037'57" W, 148.52 FEET; N 45000'00" W, 80.00 FEET; S 82040' 19" W, 190.87 FEET; S 29000'00" W, 103.00 FEET; S 81003'31" W, 117.43 FEET TO THE POINT OF BEGINNING. -8- TWELFTH AMENDMENT TO .JOINT PLANNING ORDINANCE NO.2004-14 CASE NO. SSPCA-03-008: Fullers Cross Comp. Plan Amendment AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE NO. 91-28, AS AMENDED, AS FOLLOWS: AMENDING THE FUTURE LAND USE MAP TO REDESIGNATE FROM "LOW DENSITY RESIDENTIAL" AND "CONSERVATION/FLOODPLAINS" TO "COMMERCIAL" AND "CONSERVATION/FLOODPLAINS" ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.08 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE OCOEE APOPKA ROAD AND FULLER'S CROSS ROAD INTERSECTION PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL FUTURE LAND USE MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On September 18, 1991, the City Commission adopted the City of Ocoee Comprehensive Plan pursuant to Chapter 163, Florida Statutes, as set forth in Ordinance # 91-28, which has been amended from time to time ("Ocoee Comprehensive Plan"); and WHEREAS, the owner of certain real property (the "Owner") has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to initiate Amendment Number SSCPA-03-008 in order to amend the Future Land Use designation of certain real property containing approximately 5.08 acres as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, Amendment Number SSCPA-03-008 constitutes a Small Scale Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes; and WHEREAS, on May 11, 2004 the Planning and Zoning Commission of the City of Ocoee, Florida, acting as the City of Ocoee Local Planning Agency held an advertised public hearing and recommended adoption of Amendment Number SSCPA-03-008, conditioned upon approval of an amendment to 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, on June 15, 2004, the City Commission held an advertised public hearing and adopted Amendment Number SSCPA-03-008; and ORDINANCE NO WHEREAS, all required public hearings have been held after due public notice in accordance with Chapter 163, Florida Statutes, and Sections 1-8 and 1-10 of Article I, of Chapter 180 of the Code of Ordinances of the City of Ocoee (`Ocoee Land Development Code"); and WHEREAS, this Ordinance not become effective until such time as evidence that the JPA Agreement has been amended to allow for commercial land uses on the Property (the "JPA Amendment") so as to cause this Ordinance to be consistent with the JPA Agreement. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and 166, Florida Statutes, and Section 1-8 of Article I of the Ocoee Land Development Code. SECTION 2. Comprehensive Plan Amendment. The Future Land Use designation as set forth on the Future Land Use Map of the Ocoee Comprehensive Plan for the Property is hereby changed from "Low Density Residential" and "Conservation/Floodplains" to "Commercial" and "Conservation/Floodplains". A map of said land herein described is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 3. Future Land Use May The City Planning Director is hereby authorized and directed to revise the Official Future Land Use Map of the City of Ocoee as set forth in the Ocoee Comprehensive Plan to incorporate Amendment Number SSCPA-03-008 consistent with the provisions of this Ordinance. SECTION 4. Conflicting Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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 the occurrence of the following: (1) delivery to the City of an amendment to the JPA Agreement which allows for Commercial/Conservation land uses on the Property, which JPA Amendment has been executed by both the City and Orange County (the "JPA Amendment"); and (2) Ordinance 2004-13 [Fullers Cross Annexation Ordinance] becoming effective. 2 ORDINANCE NO PASSED AND ADOPTED this day of , 2004. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED READ FIRST TIME READ SECOND TIME AND ADOPTED Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 2004. FOLEY and LARDNER LLP City Attorney 3 ORDINANCE NO Exhibit "A" VACATED LOTS 1, 2, 3, 4, TRACT B AND CROWN POINT COURT, CROWN POINT WOODS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 101 THROUGH 103 AND SUBSEQUENT VACATION RECORDED IN OFFICIAL RECORDS BOOK 3804, PAGE 1504 AND AS AMENDED IN OFFICIAL RECORDS BOOK 3911, PAGE 1975, ALL OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A" OF SAID PLAT OF CROWN POINT WOODS, AS THE POINT OF BEGINNING; THENCE RUN N 00"51'53" E, ALONG THE WEST LINE OF VACATED LOTS 3 AND 4, 501.92 FEET TO THE SOUTH RIGHT OF WAY LINE OF FULLERS CROSS ROAD; THENCE RUN S 89°57'47" E, ALONG SAID SOUTH LINE, 508.78 FEET TO THE WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD; THENCE RUN S 05°22'47" E ALONG SAID WEST LINE, 352.84 FEET TO A CURVE CONCAVE TO THE EAST; THENCE RUN SOUTHERLY ALONG SAID WEST LINE AND CURVE HAVING A CENTRAL ANGLE OF 00043'38", A RADIUS OF 1969.86 FEET, AN ARC LENGTH OF 25.00 FEET, A CHORD BEARING OF S 05°44'36" E AND A CHORD DISTANCE OF 25.00 FEET TO THE NORTH LINE OF AFORESAID TRACT "A"; THENCE RUN THE FOLLOWING FIVE (5) COURSES AND DISTANCES ALONG SAID NORTH LINE: S 70037'57" W, 148.52 FEET; N 45°00'00" W, 80.00 FEET; S 82°40'19" W, 190.87 FEET; S 29°00'00" W, 103.00 FEET; S 81°03'31" W, 117.43 FEET TO THE POINT OF BEGINNING. 4 ORDINANCE NO EXHIBIT "B" Fullers Cross Commercial PUD Proposed Future Land Use ter% IN %/' �� ✓ LOG LANDI Ell Comm LDR ORDINANCE NO. 2004-15 TAX PARCEL ID #: 07-22-28-0000-71 PROJECT NO. AR-03-07-09: Fullers Cross Community Development Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-CE, "RURAL COUNTY ESTATE" TO OCOEE COMMERCIAL PUD "PLANNED UNIT DEVELOPMENT" ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.08 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE OCOEE APOPKA ROAD AND FULLER'S CROSS ROAD INTERSECTION PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR 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 5.08 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County R-CE, "Rural County Estate" to Ocoee Commercial PUD, "Planned Unit Development;" 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 Rezoning application and determined that the Rezoning required 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, said Rezoning application 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 May 11, 2004 the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee 006.331705.3 Comprehensive Plan 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 Applicants, and that the Ocoee City Commission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on June 15, 2004 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. 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 Chapters 163 and 166, Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, of the Property described in Exhibit "A" containing approximately 5.08 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County R-CE, "Rural County Estate" to Ocoee Commercial PUD, "Planned Unit Development." A map of said land herein described which clearly shows the area of Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. 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 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. LAND USE PLAN. The above -described Property is hereby incorporated into and is hereby approved subject to the Conditions of Approval and Waiver(s) from the Ocoee Land Development Code set forth thereon: That certain Ocoee Crown Point Fullers Cross Commercial PUD Land Use Plan (April 27, 2004) prepared by Kimley-Horn & Associates, Inc. date stamped received by the City on May 7, 2004 with such additional revisions thereto, if any, as may be reflected in the minutes of the City Commission of the City of Ocoee meeting approving the same. 006.331705.3 2 The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference made a part hereof. SECTION 6. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 7. 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 8. EFFECTIVE DATE. This Ordinance shall take effect upon the occurrence of the following: (1) delivery to the City of an amendment to the JPA Agreement which allows for Commercial/Conservation land uses on the Property, which JPA Amendment has been executed by both the City and Orange County (the "JPA Amendment"); and (2) Ordinance 2004-13 [Fullers Cross Annexation Ordinance] becoming effective. 006.331705.3 3 PASSED AND ADOPTED this ATTEST: Jean Grafton, City Clerk (SEAL) day of , 2004. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY This day of , 2004. FOLEY & LARDNER LLP Un City Attorney APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED , 2004 READ FIRST TIME , 2004. READ SECOND TIME AND ADOPTED Under Agenda Item No. 006.331705.3 4 EXHIBIT "A" Legal Description VACATED LOTS 1, 2, 3, 4, TRACT B AND CROWN POINT COURT, CROWN POINT WOODS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 101 THROUGH 103 AND SUBSEQUENT VACATION RECORDED IN OFFICIAL RECORDS BOOK 3804, PAGE 1504 AND AS AMENDED IN OFFICIAL RECORDS BOOK 3911, PAGE 1975, ALL OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A" OF SAID PLAT OF CROWN POINT WOODS, AS THE POINT OF BEGINNING; THENCE RUN N 00051'53" E, ALONG THE WEST LINE OF VACATED LOTS 3 AND 4, 501.92 FEET TO THE SOUTH RIGHT OF WAY LINE OF FULLERS CROSS ROAD; THENCE RUN S 89°57'47" E, ALONG SAID SOUTH LINE, 508.78 FEET TO THE WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD; THENCE RUN S 05°22'47" E ALONG SAID WEST LINE, 352.84 FEET TO A CURVE CONCAVE TO THE EAST; THENCE RUN SOUTHERLY ALONG SAID WEST LINE AND CURVE HAVING A CENTRAL ANGLE OF 00043'38", A RADIUS OF 1969.86 FEET, AN ARC LENGTH OF 25.00 FEET, A CHORD BEARING OF S 05044'36" E AND A CHORD DISTANCE OF 25.00 FEET TO THE NORTH LINE OF AFORESAID TRACT "A"; THENCE RUN THE FOLLOWING FIVE (5) COURSES AND DISTANCES ALONG SAID NORTH LINE: S 70037'57" W, 148.52 FEET; N 45000'00" W, 80.00 FEET; S 82040'19" W, 190.87 FEET; S 29000'00" W, 103.00 FEET; S 81°03'31" W, 117.43 FEET TO THE POINT OF BEGINNING. 006.331705.3 5 EXHIBIT "B" Fullers Cross Commercial PUD Location Map • i 10 r i i / ItP / n OQO m AIX, o 5AY* �f RR i S r � W °D r i / LOG LANDIN I � r I I i x s Exhibit "C" Land Use Plan Date Stamped May 7, 2004 THIS INSTRUMENT PREPARED BY AND AFTER RECORDING RETURN TO: Scott A. Cookson, Esq. FOLEY & LARDNER LLP 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407)423-7656 DEVELOPMENT AGREEMENT (FULLERS CROSS COMMERCIAL PUD) THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the _ day of by and between CARTER CHARLES HERSCHEL TRUST whose mailing address is 100 Midget Place, Winter Garden, Florida 34787 (hereinafter referred to as the "Owner") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, the Owner owns fee simple title to certain lands located in Orange County, Florida, and within the corporate limits of the City of Ocoee, Florida, said lands being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, pursuant to the petition of the Owner, on May 15, 2004 the Ocoee City Commission approved Ordinance No. 2004-15 rezoning the Property as "PUD" under the Ocoee Land Development Code; and WHEREAS, the provisions of Section 4-5A(5) of Article IV of the Ocoee Land Development Code requires that the Owner and the City enter into a development agreement incorporating all plans and conditions of approval by reference; and WHEREAS, the Owner and the City desire to execute this Agreement in order to fully comply with the provisions of the Ocoee Land Development Code. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: THIS INSTRUMENT PREPARED BY AND Section 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. Section 2. Development of the Property. A. The Owner hereby agrees to develop the Property in accordance with that certain PUD Land Use Plan for Fullers Cross Commercial PUD prepared by Kimley-Horn and Associates, Inc. date stamped as received by the City on April 30, 2004 (hereinafter referred to as the "Land Use Plan"). The Land Use Plan is hereby incorporated herein by reference as if fully set forth herein. B. The Owner hereby agrees that the Property shall be developed in accordance with and is made subject to those certain Conditions of Approval attached hereto as Exhibit "B" and by this reference made a part hereof (the "Conditions of Approval"). The Owner further agrees to comply with all of the terms and provisions of the Conditions of Approval. The Conditions of Approval attached hereto as Exhibit "B" are the same as the Conditions of Approval set forth in the Land Use Plan. C. Except as otherwise expressly set forth in this Agreement and the Land Use Plan it is agreed that (1) the Owner shall comply with the zoning and subdivision regulations of the City as set forth in the Ocoee Land Development Code, as it may from time to time be amended, and (2) all preliminary subdivision plans, final subdivision plans, and final site plans for the Property or any portion thereof shall conform to the Ocoee Land Development Code requirements in effect at the time of approval of any such plans. In the event of any conflict between the provisions of the Ocoee Land Development Code, as it may from time to time be amended, and this Agreement, it is agreed that the provisions of this Agreement shall control. Section 3. Notice. Any notice delivered with respect to this Agreement shall be in writing and be deemed to be delivered (whether or not actually received) when (1) hand delivered to the other party at the address appearing on the first page of this Agreement, or (ii) when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address appearing on the first page of this Agreement, or such other person or address as the party shall have specified by written notice to the other party delivered in accordance herewith. Section 4. Covenant Running with the Land. This Agreement shall run with the Property and inure to and be for the benefit of the parties hereto and their respective successors and assigns and any person, firm, corporation, or entity who may become the successor in interest to the Property or any portion thereof. Section 5. Recordation of Agreement. The parties hereto agree that an executed original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public Records of Orange County, Florida. The City will, from time to time upon request of the Owner, execute and deliver letters affirming the status of this Agreement. -2- THIS INSTRUMENT PREPARED BY AND Section 6. 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 7. Time of the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. Section 8. Agreement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Section 9. Further Documentation. The parties agree that at any time following a request therefor by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. Section 10. Specific Performance. Both the City and the Owner shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. Section 11. Attorneys' Fees. In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, legal assistants' fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. Section 12. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Section 13. Captions. Captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. Section 14. Severability. If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof. Section 15. Effective Date. The Effective Date of this Agreement shall be the day and year first above written. -3- THIS INSTRUMENT PREPARED BY AND IN WITNESS WHEREOF, the Owner 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 OWNER: presence of CARTER CHARLES HERSCHEL TRUST By: L�O V 04 4 Name:SA JJ Its: THIS INSTRUMENT PREPARED BY AND G1 STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day, ' before me, an officer duly authorized in the Stat and County aforesaid to take acknowledgments, personally - appeared ,who [ is personally known to me or . produced as identification, and that acknowledged a ecuting the same in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed. TNESS my hand and official seal in the County and State last aforesaid this i� day of ;:��'oy''• ELISA M. ROBLES MY COMMISSION # DO 172734 a€ EXPIRES: December 19, 2006 .• 'Pi ,r? �� Bonded Thru Notary PuWk Underwrken Slgnatugatf Notary Name of Notary (Typed,`Rn—rated or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): THIS INSTRUMENT PREPARED BY AND -5- FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. Approved as to form and legality this _ day of FOLEY & LARDNER City Attorney CITY: CITY OF OCOEE, FLORIDA Attest: S. Scott Vandergrift, Mayor Jean Grafton, City Clerk (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON UNDER AGENDA ITEM NO. THIS INSTRUMENT PREPARED BY AND 0 STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): -7- THIS INSTRUMENT PREPARED BY AND JOINDER AND CONSENT TO DEVELOPMENT AGREEMENT (FULLERS CROSS COMMERCIAL PUD) The undersigned hereby certifies that it is the holder of a mortgage, dated and recorded in Official Records Book 4041, Page 90, Public Records of Orange County, Florida, upon the above described property and the undersigned for and in consideration of valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in and consent to the execution of the foregoing Development Agreement (Fullers Cross Community PUD) and agrees that the lien of its mortgage described herein above shall be subordinated to the aforedescribed Development Agreement. Signed, sealed and delivered in the presence of: Print Name: Print Name: STATE OF _ COUNTY OF By: Printed Name: Title: The foregoing instrument was acknowledged before me this 20_, by of , a He/she [_] is personally known to me, or [_] has produced as identification. day of who is the Signature of Notary Name of Notary (Typed, Printed or Stamped) THIS INSTRUMENT PREPARED BY AND In EXHIBIT "A" THE PROPERTY VACATED LOTS 1, 2, 3, 4, TRACT B AND CROWN POINT COURT, CROWN POINT WOODS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 101 THROUGH 103 AND SUBSEQUENT VACATION RECORDED IN OFFICIAL RECORDS BOOK 3804, PAGE 1504 AND AS AMENDED IN OFFICIAL RECORDS BOOKS 3911, PAGE 1975, ALL OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A" OF SAID PLAT OF CROWN POINT WOODS, AS THE POINT OF BEGINNING; THENCE RUN N 00051'33" E, ALONG THE WEST LINE OF VACATED LOTS 3 AND 4, 501.92 FEET TO THE SOUTH RIGHT OF WAY LINE OF FULLERS CROSS ROAD; THEN RUN S 89°57'47" E, ALONG SAID SOUTH LINE, 508.78 FEET TO THE WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD; THENCE RUN S 05°22'47" E, ALONG SAID WEST LINE, 352.84 FEET TO A CURVE CONCAVE TO THE EAST; THENCE RUN SOUTHERLY ALONG SAID WEST LINE AND CURVE HAVING A CENTRAL ANGLE OF 00043'38", A RADIUS OF 1969.86 FEET, AN ARC LENGTH OF 25.00 FEET, A CHORD BEARING OF S 05044'36" E AND A CHORD DISTANCE OF 25.00 FEET TO THE NORTH LINE OF AFORESAID TRACT "A"; THENCE RUN THE FOLLOWING FIVE (5) COURSES AND DISTANCES ALONG SAID NORTH LINE: S 70037'57" W, 148.52 FEET; N 45000'00" W, 80.00 FEET; S 82°40'19" W, 190.87 FEET; S 29°00'00" W, 103.00 FEET; S 81003'31" W, 117.43 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 5.079 ACRES MORE OR LESS. THIS INSTRUMENT PREPARED BY AND EXHIBIT "B" CONDITIONS OF APPROVAL 1. The applicant requests the City of Ocoee to annex 5.08 acres of land into the City and rezone the Property (Tax Parcel I.D. #07-22-28-0000-00-071) to PUD, Planned Unit Development. The annexation and rezoning will be subject to approval of an Amendment to the Joint Planning Area Agreement, a Small Scale Comprehensive Plan Amendment and a Development Agreement. 2. Current Zoning: R-CE "Rural Country Estate" (Orange County) 3. Maximum Building Area: 44,000 SF (Limited to Maximum Daily External (Not Including Pass -By) Trips of 1,970 or PM Peak Hour External (Not Excluding Pass -By) Trips of 198) 4. Maximum Floor Area Ratio: .20 5. Maximum Building Height: 35 Feet 6. Parking Ratio: Per Code 7. Impervious Area: 70% Max. 8. Pervious Area: 30 % Min. 9. Phasing Plan: The project will be developed with multiple users. The timing of which will be determined by market demand. However, each phase will be capable of standing alone and designed with a central stormwater system and consistent with the Access Management Program. 10. Adjacent Roads: C.R. 437 (Ocoee -Apopka Road) 2-lane road within 90-135 feet of existing right-of-way; Fullers Cross Road within 60 feet of existing right-of-way. 11. Proposed Access: 1 Right In/Right Out Only on Ocoee -Apopka Road; 1 Right In Only on Fullers Cross Road; 1 Full Access on Fullers Cross Road at the west perimeter access road. 12. Flood Zone: FIRM Zone X, Minimal Area of Flooding 13. Building Setbacks: Ocoee -Apopka Road - 50 Feet; Fullers Cross Road - 35 Feet; South Perimeter Conservation Area - 25 foot upland buffer from the jurisdictional wetland line; West Perimeter Access Road - 25 Feet. 14. Adjacent Zoning: North - PUD; South - R-CE Rural County Estate (Orange County); East - R-1AA; West - PUD. THIS INSTRUMENT PREPARED BY AND 15. Buffer Requirements: Between Buildings: 20 Feet; Landscape Buffers: North - 15 feet; East - 25 feet; West - 10 feet from easement. 16. Support Services: Water Service: City of Ocoee - 5,280 GPD (Estimated Flow) Wastewater: On -site Septic will be utilized until such time City sewer service is available (5,280 GPD Estimated Flow) (Nearest sanitary connection 1 '/z miles south) Stormwater Management: On -site retention/detention per City of Ocoee and St. Johns River Water Management District Parks and Recreation: N/A Schools: N/A 17. Permitted Uses: Same as those permitted and requiring Special Exception in C-2 "Community Commercial District", with restrictions. 18. Prohibited Uses: Automobile parking lot, automobile repair, automobile sales (new and used), automobile auction, automobile wreckage/salvage yard, boat sales and service, borrow pit, pawn shop, bus terminal, equipment sales, golf course/country club, mobile home and travel trailer sales, motor vehicle wholesale, recreational facility (neighborhood and commercial), recreational vehicle parks, truck stop, and check cashing services. 19. Special Development Standards: At a minimum, commercial development standards in Article VI, Section 6-14 of the Land Development Code, and the Ocoee Crown PUD Development Standards will be required. 20. Except as specifically noted on this plan, development of this property shall be consistent with the requirements of the City of Ocoee Code. 21. The City of Ocoee is subject to the terms, provisions and restrictions of Florida Statutes Chapter 163 concerning moratoria on the issuance of building permits under certain circumstances. The City has no lawful authority to exempt any private entity, or itself, from the application of such state legislation and nothing herein should be considered as such an exemption. 22. There shall be no access from the project to any public roads except at the approved locations shown on the plan. 23. A perpetual, non-exclusive easement for access over all internal roadways and paved areas shall be granted in favor of the City of Ocoee and other applicable authorities for law enforcement, fire, and other emergency services. -11- THIS INSTRUMENT PREPARED BY AND 24. All legal instruments, including but not limited to the declaration of easements, covenants and restrictions and deeds conveying property to property owner's association, shall be approved by the City prior to plat approval. 25. Prior to the issuance of the first preliminary site plan or preliminary subdivision plan for the Property, or any portion of the Property, the Developer and City staff shall evaluate and determine what cross access and drainage easements and improvements are required in connection with the proposed development. In considering the need for cross access and drainage easements and improvements during its evaluation of development proposed for any portion of the Property, the City may consider any and all development approvals it has previously granted for any portion of the Property. Notwithstanding the foregoing, at a minimum, the Developer shall at the time of approval of the land use plan for the property, enter into a shared access and drainage easement agreement for shared access to the site with the property to the west and for a 20 foot drainage easement along the western boundary of the property. 26. Prior to the issuance of the first preliminary site plan or preliminary subdivision plan for the Property, or any portion of the Property, the Developer and City staff shall evaluate and determine what future right of way needs to be conveyed to the City in connection with the proposed development. In considering the need for additional right of way during its evaluation of development proposed for any portion of the Property, the City may consider any and all development approvals it has previously granted for any portion of the Property. Notwithstanding the foregoing, at a minimum, the Developer shall, within 60 days of a request by the City of the same, but in no event later than platting or final site plan approval, convey to the City Tract A (20 feet of right of way along Fullers Cross Road) including a 50 foot radius at the new southwest corner right-of-way lines of Fullers Cross Road and Ocoee -Apopka Road. The Developer shall provide for all roadway improvements and shall construct the same, according to the phasing schedule in the Access Management Program. All roadway improvements and all turn lanes along Fullers Cross Road and Ocoee -Apopka Road shall otherwise comply with the then existing City specifications for public roads. To the extent right of way is to be conveyed to the City, the conveyance shall be by special warranty deed free and clear of all liens and encumbrances except for those matters acceptable to the City. The form of the special warranty deed shall be subject to the approval of the City. At least twenty (20) days prior to the conveyance, the owner shall, at such owner's sole cost and expense, provide to the City for review and approval a metes and bounds legal description and sketch of description, both certified to the City of Ocoee, for the property to be conveyed. The owner shall, contemporaneously with the conveyance of the property, 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 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 property, including the cost of title work, shall be borne solely by the owner. Real property taxes on the property shall be prorated as of the day before the City's acceptance of the conveyance of the same, and -12- THIS INSTRUMENT PREPARED BY AND the prorated amount of such real property taxes attributable to the owner shall be paid and escrowed by such owner in accordance with the provisions of Section 196.295, Florida Statutes; provided, however, that if the conveyance occurs between November 1 and December 31, then the owner shall be responsible for real property taxes for the entire year. Neither the owner, its successors and assigns, 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 conveyances. 27. Any damage caused to any public road as a result of the construction activities related to the project, shall be promptly repaired by the Developer to the applicable government standards at the Developer's sole cost and expense. 28. Prior to the issuance of the first preliminary site plan or preliminary subdivision plan for the Property, or any portion of the Property, the Developer and City Staff shall evaluate and determine what water and sewer utility improvements are required in connection with the proposed development. In considering the need for water and sewer utility improvements during its evaluation of development proposed for any portion of the Property, the City may consider any and all development approvals it has granted for any portion of the Property. Notwithstanding the foregoing, at a minimum, the Developer shall be solely responsible for any costs associated with extending and/or upgrading water and sewer utility lines to the Property. All water and sewer utility improvements must be consistent with the City's utility master plans. In addition, the water supply must be designed to accommodate fire flow demand. When public sanitary sewer is in proximity to the development, it is the Developer's responsibility to tie into the sanitary sewer line and pay for all costs associated with tying into the line, including provision of any necessary lift stations. 29. If any regional lift station on the property is required for the City, it will be conveyed to the City at no cost to the City, at the time of platting or final site plan approval. Lift station facilities shall be designed to accommodate a master pumping station consistent with the City's utility master plans. All such lift stations shall be fenced with black, vinyl chain -link fence, with posts and rails painted black, and shall be set back no less than 25 feet from any street. Such lift stations shall also be screened with hedge -type shrubbery, such as viburnum or ligustrum. 30. At the time of submittal of the first Preliminary Subdivision Plan or Site Plan for the Property, the Developer will map the jurisdictional wetland line on the site and establish a 25 upland buffer from that line to demark the southern portion of the site that is to be preserved. Depending on the results, the City may also require a Conservation and Drainage Easement over any wetlands or adjoining conservation area. The usable area of the site will be reduced by this acreage and all development criteria will be reduced proportionately. Prior to or at the time of development of any portion of the Property, if a Conservation and Drainage Easement and access easement thereto if necessary, is required, the Developer shall convey to the City the -13- THIS INSTRUMENT PREPARED BY AND . J Conservation and Drainage Easement, the form of which shall be approved by the City prior to the conveyance. 31. Each phase of development shall stand on its own with respect to public services (sewer, water, stormwater management, access and other related services). 32. The Developer shall provide, at a minimum, an 8-inch water main along the northern boundary of the Property on Fullers Cross Road at the time of installation of the subdivision infrastructure. 33. Stormwater management shall be provided consistent with the requirements of the Ocoee Land Development Code and the St. John's River Water Management District. The stormwater management system is subject to all Rules affecting the protection of Lake Apopka in force at the time of development of the Property. 34. The Developer shall make every effort to design the site in such a way as to preserve as many significant trees as possible. 35. A property owner's association will be created for maintenance and management of all common areas and facilities, unless otherwise noted. 36. The Developer shall construct appropriate curb cuts to enable construction of ramps at all rights -of -way intersections (and other areas as reasonably required) in order to accommodate access to sidewalks and streets for persons who are in wheelchairs and other persons who are physically challenged. 37. Access Management Program: ACCESS MANAGEMENT PROGRAM Number Shown on Phase Roadway Improvements to be Provided LUP 1 1 East Bound Left Turn Lane on Fullers Cross Road at Ocoee -Apopka Intersection. 2 1 Right -In Access only Turn Taper on Fullers Cross Road with a 4- foot concrete median separator to prevent left-in/left-out access to the project site. 3 1 East Bound Turn Taper on Fullers Cross Road into the property at the Joint/Cross Access Point. 4 1 West Bound Left Turn Lane on Fullers Cross Road into the property at the Shared Access Point. 5 1 Minimum of two outbound turn lanes, at least one left turn and one right turn, onto Fullers Cross Road from the Shared Access Point. 6 2 Northbound left turn land on Ocoee -Apopka Road at the Fullers Cross -14- THIS INSTRUMENT PREPARED BY AND .�j Road Intersection. 7 2 Right-In/Right-Out only access turn tapers on Ocoee -Apopka Road with a 4-foot raised concrete median to prevent left-in/left-out access to the project site. Phase 1 = At the time of development consistent with the 15L Preliminary Subdivision Plan or Preliminary Site Plan for the property. Phase 2 = At the time of development consistent with any subsequent plans. * At a minimum, the developer will provide these improvements unless someone else has put them in before approval of the l' Preliminary Subdivision Plan or Preliminary Site Plan for the property. The City has the right to evaluate the improvements based on the development proposal. Trip Threshold: Maximum Daily External (not including Pass -By) Trips of 1,970 or PM Peak Hour External (not excluding Pass -By) Trips of 198. -15- THIS INSTRUMENT PREPARED BY AND THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Scott A. Cookson, Esq. FOLEY & LARDNER LLP 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, Florida 32801-2193 (407) 423-7656 SHARED ACCESS EASEMENT AGREEMENT THIS SHARED ACCESS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement"), is made and entered into as of the day of , 2004 (the "Effective Date") by and between the CITY OF OCOEE, FLORIDA, a municipal corporation duly created and existing under and by virtue of the laws of the State of Florida, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "City") and CARTER CHARLES HERSCHEL TRUST, whose address is 100 Midget Place, Winter Garden, Florida 34787 (hereinafter referred to as "Carter"). WITNESSETH: WHEREAS, Carter is the owner of fee simple title to that certain parcel of land located in Orange County, Florida, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Carter Property"); and WHEREAS, the City is the owner of fee simple title to that certain parcel of land located in Orange County, Florida which is contiguous to and located west of the Carter Property, as more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference (the "City Property"); and WHEREAS, Carter has agreed to grant to the City, upon the terms and conditions hereinafter set forth, a perpetual non-exclusive shared access easement for access to and from Fuller's Cross Road over, upon and across a portion of the Carter Property as more particularly described in Exhibit "C" attached hereto and incorporated herein by this reference (the "Carter Easement Land"), and the City has likewise agreed to grant to Carter, upon the terms and conditions hereinafter set forth, a perpetual non-exclusive shared access easement for access to and from Fuller's Cross Road over, upon and across a portion of the City Property as more particularly described in Exhibit "D" attached hereto and incorporated herein by this reference (the "City Easement Land") (the Carter Easement Land and the City Easement Land hereinafter collectively referred to as the "Easement Land"); and WHEREAS, future access to the Carter Property and the City Property from Fuller's Cross Road shall be by means of a shared joint access entranceway road over, upon and across the Easement Land (the "Entranceway Road") which shall provide joint and shared THIS INSTRUMENT PREPARED BY vehicular and pedestrian ingress to and egress from Fuller's Cross Road, the Carter Property and the City Property; and WHEREAS, Carter has also agreed to grant to the City, upon the terms and conditions hereinafter set forth, a perpetual non-exclusive cross access easement for purposes of accessing the City Property over, upon and across a portion of the Carter Property, and the City has likewise agreed to grant to Carter, upon the terms and conditions hereinafter set forth, a perpetual non-exclusive cross access easement for purposes of accessing the Carter Property over, upon and across a portion of the City Property; and WHEREAS, Carter's predecessor -in -interest entered into that certain Drainage Easement recorded at Official Records Book 3802, Page 4744, Public Records of Orange County, Florida which granted to Orange County a twenty -foot (20') wide easement for drainage purposes along the entire western boundary of the Carter Property (the "Drainage Easement"); and WHEREAS, the Drainage Easement encumbers a portion of the Carter Easement Land; and WHEREAS, in order to allow for the construction of the Entranceway Road and the Cross Access Driveway it is necessary for Carter to modify and/or terminate the Drainage Easement; and WHEREAS, Carter has agreed to undertake the termination and/or modification of said Drainage Easement. NOW THEREFORE, in consideration of the premises stated herein, as well as TEN DOLLARS ($10.00), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Termination of Drainage Easement. Carter hereby agrees that it shall diligently undertake, at its sole cost and expense, to terminate and/or modify the Drainage Easement such that it shall be permissible for Carter and/or the City to construct the Entranceway Road over, upon and across a portion of the Carter Easement Land. Carter shall cause the termination and/or modification of said Drainage Easement to be completed prior to the City's issuance of the first building permit for any construction on, about or related to the Carter Property. Provided,: however, that if the City begins development of the City Property prior to Carter's commencement of development of the Carter Property, Carter shall, at its sole cost and expense, terminate and/or modify the Drainage Easement within ninety (90) calendar days of the City's written request to Carter to do so. Carter acknowledges that modification of the Drainage Easement may require relocation thereof to another portion of the Carter Property. Carter further agrees to pay all recording costs associated with the termination and/or modification of the Drainage Easement. 2 THIS INSTRUMENT PREPARED BY 3. Access Easement Across Carter Property. a. Shared Access Easement. Carter herby gives, grants, bargains, sells and conveys to the City, its successors and assigns, a perpetual non-exclusive shared access easement over, upon and across the Carter Easement Land for the exclusive purposes of (i) vehicular and pedestrian ingress and egress to and from Fuller's Cross Road over, upon and across the Carter Easement Land, and (ii) constructing, laying, maintaining, improving, repairing and replacing the Entranceway Road. The easement rights granted herein may be exercised and utilized by the City's employees, citizens, agents, licensees, contractors, engineers, consultants, tenants, invitees, guests, customers and patrons. b. Cross Access Easement. In the event there is access to the Carter Property other than over the Entranceway Road within the Easement Land, Carter further grants, bargains, sells and conveys to the City, its successors and assigns, a perpetual non-exclusive cross access easement over, upon and across the driveways and other paved areas of the Carter Property for purposes of vehicular and pedestrian ingress and egress to and from the City Property over, upon and across the Carter Property. The easement rights granted herein may be exercised and utilized by the City's employees, citizens, agents, licensees, contractors, engineers, consultants, tenants, invitees, guests, customers and patrons. Nothing herein shall be construed as the grant of a parking easement or license over any portion of the Carter Property. 4. Access Easement Across City Property. a. Shared Access Easement. The City hereby gives, grants, bargains, sells and conveys to Carter, its successors and assigns, a perpetual non-exclusive shared easement over, upon and across the City Easement Land for the exclusive purposes of (i) vehicular and pedestrian ingress and egress to and from Fuller's Cross Road over, upon and across the City Easement Land, and (ii) constructing, laying, maintaining, improving, repairing and replacing the Entranceway Road. The easement rights granted herein may be exercised and utilized by Carter's employees, agents, licensees, contractors, engineers, consultants, tenants, invitees, guests, customers and patrons. b. Cross Access Easement. In the event there is access to the City Property other than over the Entranceway Road within the Easement Land, the City further grants, bargains, sells and conveys to Carter, its successors and assigns, a perpetual non- exclusive cross access easement over, upon and across the driveways and other paved areas of the City Property for purposes of vehicular and pedestrian ingress and egress to and from the Carter Property over, upon and across the City Property. The easement rights granted herein may be exercised and utilized by Carter's employees, agents, licensees, contractors, engineers, consultants, tenants, invitees, guests, customers and patrons. Nothing herein shall be construed as the grant of a parking easement or license over any portion of the City Property. 5. Construction of Entranceway Road. The party that first begins to develop its respective land (for purposes of this Section herein referred to as the "Developing Party") shall, at its sole cost and expense, in connection with the development of its property design, engineer, permit and construct the Entranceway Road over, across and upon the Easement Land. The design, engineering, permitting and construction of the Entranceway Road 3 THIS INSTRUMENT PREPARED BY shall be subject to the review and approval of the other party to this Agreement (for purposes of this Section herein referred to as the "Non -developing Party"). To the extent permitted by law, the Developing Party shall indemnify, defend and hold the Non -developing Party harmless from any and all claims, demands, damage, suits, liabilities, actions and expenses, including reasonable attorneys' fees and costs, whatsoever incurred or suffered by the Non -developing Party hereto arising out of or in any way related to the construction of the Entranceway Road. 6. Cross Access Driveway. Each party shall design, engineer, permit and develop their property in such a way as to provide cross access between the Carter Property and the City Property within the Easement Land. Notwithstanding the foregoing or any other provision contained herein to the contrary, the parties hereto agree that any cross access between the Carter Property and the City Property shall be as set forth in the applicable final subdivision plans and/or final site plans for the Carter Property and the City Property, respectively, and that no cross access shall exist until such time as both properties are developed. 7. Maintenance of Entranceway Road. The party that initially constructs the Entranceway Road shall initially be responsible for the maintenance and repair of the Entranceway Road; provided, however, that when the other property benefited by this Agreement develops its property and a Certificate of Occupancy is issued in connection with any structure constructed on such property, then the owner of such property shall thereafter share on an equal basis the cost of maintenance and repair of the Entranceway Road. Nothing contained herein shall prevent the City and Carter from amending this Agreement to address ongoing maintenance of the Entranceway Road and the Cross Access Driveway following the completion of development of both properties. 8. Restrictions in Use of Entranceway Road and Cross Access Driveway. The use of the Entranceway Road is expressly made subject to the following: a. No obstruction to vehicular and pedestrian traffic shall be erected or constructed on the Entranceway Road. b. Parking on the Entranceway Road is prohibited. C. Compliance with all applicable laws, rules, regulations and requirements of public authorities with respect to the use and maintenance of the Entranceway Road. 9. City not a Developer. The parties hereto acknowledge and agree that the City is not a developer and has no present plans with respect to the development or use of the City Property. Nothing contained herein shall in anyway be construed to require that the City ever develop the City Properly. 10. Non -Waiver of Governmental Powers. Nothing contained herein shall be construed as a waiver of or contract with respect to the regulatory and permitting authority of the City as it now or hereafter exists under applicable laws, rules and regulations. 11. Bindiny- Effect. This Agreement shall run with the Carter Property and the City Property and shall be binding upon and inure to the benefit of Carter and the City and 4 THIS INSTRUMENT PREPARED BY their respective successors and assigns. This Agreement shall be enforceable at law and in equity, including but not limited to enforcement by action for specific performance. In the event of litigation, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, both at trial and appellate levels. 12. Further Assurances. Each of the parties hereto covenant and agree to execute and deliver such other instruments and documents, and to do all matters and things, which may be reasonable and necessary to carry out the intentions of this Agreement. Furthermore, within fifteen (15) calendar days of receipt of written request from the other party, each party shall deliver a certificate to the requesting party, stating that the requesting party is not in default under this Agreement, or if the requesting party is in default, stating the nature of such default. 13. Termination. This Agreement may only be terminated by an instrument in writing executed by the then owners of the Carter Property and the City Property, and their respective mortgagees, if any. 14. Indemnification. The owners of the Carter Property and the City Property, to the extent permitted by law, do hereby agree to indemnify and hold the other harmless from any and all claims, demands, damage, suits, liabilities, actions and expenses (including but not limited to costs and reasonable attorneys' fees) arising out of or in any way related to their respective uses of the Easement Land and/or the Entranceway Road by them and their respective employees, agents, licensees, contractors, engineers, consultants, tenants, invitees, guests, customers and patrons. 15. Applicable Law. This Agreement shall be construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed in their names, by their proper officers, agents or representatives thereunto duly authorized, as of the day and year first above written. Signed, sealed and delivered in the presence of OWNER: CARTER CHARLES HERSCHEL TRUST By:�oYG�-1ti� Z Name.e�-4 � Its: t 4-rtll . THIS INSTRUMENT PREPARED BY 5 STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in th Stat and County afo>esaid to take acknowledgments, personal y appeared who " is personally known to me or produced as identification, and that acknowledges exe` hng the same in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed. _ WI ESS my hand and official seal in the County and State last aforesaid this day of 2004. '1-- � • Y D ELISA M. ROBLES •51J:.. �6 MY COMMISSION # DD 172734 ^. EXPIRES: December 19, 2006 %;; o!?�,�•`'� Bonded Thru Notar/ Rble Underwrhera �f Notary Name of Notary (Typed, Prinfed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): THIS INSTRUMENT PREPARED BY 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 2004. FOLEY & LARDNER LLP By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE CITY CITY OF OCOEE, FLORIDA M. S. Scott Vandergrift, Mayor APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON 92004 UNDER AGENDA ITEM NO. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared and well 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 in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. They are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2004. 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): 7 THIS INSTRUMENT PREPARED BY THIS INSTRUMENT PREPARED BY JOINDER AND CONSENT TO SHARED ACCESS AND EASEMENT AGREEMENT (FULLERS CROSS COMMERCIAL PUD) The undersigned hereby certifies ' that it is the holder of a mortgage, dated and recorded in Official Records Book 4041, Page 90, Public Records of Orange County, Florida, upon the above described property and the undersigned for and in consideration of valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in and consent to the execution of the foregoing Development Agreement (Fullers Cross Community PUD) and agrees that the lien of its mortgage described herein above shall be subordinated to the aforedescribed Shared Access and Easement Agreement. Signed, sealed and delivered in the presence of: Print Name: Print Name: STATE OF _ COUNTY OF By: Printed Name: Title: The foregoing instrument was acknowledged before me this day of 20 by who is the of , a He/she " is personally known to me, or " has produced as identification. Signature of Notary Name of Notary (Typed, Printed or Stamped) THIS INSTRUMENT PREPARED BY 0 EXHIBIT "A" The Carter Property VACATED LOTS 1, 2, 3, 4, TRACT B AND CROWN POINT COURT, CROWN POINT WOODS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 101 THROUGH 103 AND SUBSEQUENT VACATION RECORDED IN OFFICIAL RECORDS BOOK 3804, PAGE 1504 AND AS AMENDED IN OFFICIAL RECORDS BOOK 3911, PAGE 1975, ALL OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A" OF SAID PLAT OF CROWN POINT WOODS, AS THE POINT OF BEGINNING; THENCE RUN N 00°51'53" E, ALONG THE WEST LINE OF VACATED LOTS 3 AND 4, 501.92 FEET TO THE SOUTH RIGHT OF WAY LINE OF FULLERS CROSS ROAD; THENCE RUN S 89°57'47" E, ALONG SAID SOUTH LINE, 508.78 FEET TO THE WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD; THENCE RUN S 05°22'47" E ALONG SAID WEST LINE, 352.84 FEET TO A CURVE CONCAVE TO THE EAST; THENCE RUN SOUTHERLY ALONG SAID WEST LINE AND CURVE HAVING A CENTRAL ANGLE OF 00°43'38", A RADIUS OF 1969.86 FEET, AN ARC LENGTH OF 25.00 FEET, A CHORD BEARING OF S 05°44'36" E AND A CHORD DISTANCE OF 25.00 FEET TO THE NORTH LINE OF AFORESAID TRACT "A"; THENCE RUN THE FOLLOWING FIVE (5) COURSES AND DISTANCES ALONG SAID NORTH LINE: S 70°3757" W, 148.52 FEET; N 45°00'00" W, 80.00 FEET; S 82°40'19" W, 190.87 FEET; S 29°00'00" W, 103.00 FEET; S 81°03'31" W, 117.43 FEET TO THE POINT OF BEGINNING 10 THIS INSTRUMENT PREPARED BY EXHIBIT "B" The City Property A PARCEL OF LAND LOCATED IN THE NW 1/4, SECTION 7, T22S, R28E, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NW 1/4 OF SAID SECTION 7; THENCE N89043'59"E ALONG THE NORTH LINE OF THE NW 1/4 OF SAID SECTION 7, A DISTANCE OF 1334.23 FEET TO A POINT; THENCE LEAVING THE NORTH LINE OF THE NW 1/4 OF SAID SECTION 7, S0034'47"W A DISTANCE OF 56.81 FEET TO A POINT ON THE WESTERLY LINE OF CROWN POINT WOODS SUBDIVISION AS RECORDED IN PLAT BOOK 15, PAGES 101 THROUGH 103 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID CROWN POINT WOODS SUBDIVISION, SO°34'47"W, A DISTANCE OF 877.79 FEET TO A POINT ON THE NORTHERLY LINE OF CROWN POINT WOODS PHASE II, AS RECORDED IN PLAT BOOK 20, PAGES 115 THROUGH 116; THENCE LEAVING THE WESTERLY LINE OF SAID CROWN POINT WOODS SUBDIVISION, S88-11'44"W ALONG THE NORTHERLY LINE OF SAID CROWN POINT WOODS PHASE II, A DISTANCE OF 116.75 FEET TO A POINT; THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID CROWN POINT WOODS PHASE II, S77°01' 17"W, A DISTANCE OF 53.13 FEET TO A POINT; THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID CROWN POINT WOODS PHASE II, S57°59'38"W, A DISTANCE OF 59.81 FEET TO A POINT; THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID CROWN POINT WOODS PHASE II, N86054'58"W A DISTANCE OF 275.06 FEET TO A POINT; THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID CROWN POINT WOODS PHASE II, S43021'51"W, A DISTANCE OF 130.94 FEET TO A POINT; THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID CROWN POINT WOODS PHASE II, S60043'51"W A DISTANCE OF 187.04 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF THE WESTERN BELTWAY (ALSO KNOWN AS STATE ROAD 429, VARIABLE RIGHT OF WAY); THENCE LEAVING THE NORTHERLY LINE OF SAID CROWN POINT WOODS PHASE II, NORTHEASTERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID WESTERN BELTWAY, BEING ALSO ALONG A NON - TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 724.72 FEET (SAID CURVE HAVING A RADIUS OF 2714.79 FEET, A DELTA ANGLE OF 15°17'43", AND A CHORD BEARING AND DISTANCE OF N14041'51"E, 722.57 FEET) TO A POINT; THENCE CONTINUING ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID WESTERN BELTWAY, S67030' 18"E A DISTANCE OF 20.00 FEET TO A POINT; THENCE CONTINUING ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID WESTERN BELTWAY, NORTHEASTERLY ALONG A NON -TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 449.90 FEET (SAID CURVE HAVING A RADIUS OF 2694.79 FEET, A DELTA ANGLE OF 9033'57", AND A CHORD BEARING AND DISTANCE OF N27007'48"E, 449.38 FEET) TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF FULLERS CROSS ROAD (100-FOOT RIGHT OF WAY); THENCE LEAVING THE EASTERLY RIGHT OF WAY LINE OF SAID WESTERN BELTWAY, NORTHEASTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID FULLERS CROSS ROAD, 11 THIS INSTRUMENT PREPARED BY t BEING ALSO ALONG A NON -TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 35.72 FEET (SAID CURVE HAVING A RADIUS OF 740.29 FEET, A DELTA ANGLE OF 2045'53", AND A CHORD BEARING AND DISTANCE OF N87050'25"E, 35.72 FEET) TO A POINT; THENCE CONTINUING ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID FULLERS CROSS ROAD, N89012'27"E A DISTANCE OF 313.39 FEET TO THE POINT OF BEGINNING. 12 THIS INSTRUMENT PREPARED BY EXHIBIT "C" The Carter Easement Land SKETCH of DESCRIPTION DESGRIPn0N: INGRESS/EGRESS EASEMENT (EAST 30 FEET) A PORTION OF LOT 4, CROWN POINT WOODS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGE I01 OF THE PUBUC RECORDS OF ORANGE COUNTY. FLORIDA BEING DESCRIBED AS FOLLOWS COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 4, AS A POINT OF REFERENCE; THENCE RUN S 0051'53-W; ALONG THE WEST LINE THEREOF, 20.00 FEET TO THE POINT OF BEGINNING; THENCE RUN S 8957'47' E, PARALLEL WITH AND 20.00 FEET SOUTH OF AT PERPENDICULAR MEASURES TO THE NORTH UNE OF SAID LOT 4, 30.00 FEET; THENCE RUN S 0051'53' W, 75.01 FEET.' THENCE RUN N 895747' W. 30.00 FEET TO THE AFORESAID NEST UNE OF LOT 4; THENCE RUN N 0031'53' E, ALONG SAID NEST LINE. 75.01 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS a052 ACRES MORE OR LESS T CRNW OWN CORNER R NE LOT 4 'O'1 � CROSS ROAD PS 15, PG f01 60' PUBLIC RIGHT OF WAY . n g T 204.55� 8 N ' PM yF BEGAN 44 30.00' _- S89*57'47-E W I LOT 4 I o CROWN PONT WOODS W n PLAT BOOK 15, PAGE 101 N I bi n � rc ►1 u a w 10 a 2 89'S7'47"W In 30.00, m � o SURVEYORS NOTES ,A 1. NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A ` I FLORIDA LICENSED SURVEYOR AND MAPPER. FY 2 BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF LOT 4, CROWN POINT WOODS AS BONG S 895747-E PER PB 15. PG 101. 3. THE LEGAL DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR 4. THIS IS NOT A BOUNDARY SURVEY: XR77FIED TO 9tERN N LEsv W � N 0302& m $e/afisy FLE NAIEFIT. 670L-7e 1 Q]AfY T WK SWA1NRT nf/IM �J �W DRS<IDf TC MMII YLOM[A6 aff, /kIL }/1[17C AW WVPM FL 1lSO /ODIC IY�I ��—�� M auFlu "7� W¢.a@aIG tuMc MW fAC WYe 2107 N. Pwk A-w Mlntuar�Park, (Hd�1 B9� yuwa DAfeaheA>' K ��0 13 THIS INSTRUMENT PREPARED BY EXHIBIT "D" The City Easement Land 3KETCH of DESCRIPTION DESCRIPRON: WGRESSAGRESS EASEMENT (EAST 30 FEET) A PORIION OF LOT 4, CROWN POINT WOODS O, OF THE PUBLIC RECORDS OF ORANGE COUNTY. ACCORDINGRECORDED IN PLAT BOCK 15, PAGE FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 4, AS A POINT OF REFERENCE: THENCE RUN S 0057'5YWALONG THE WEST LINE THERE, 20.00 FEET TO THE , AND 20.00 'MI SOUTH OF AP PERPENDICULAR MEASURESTTO THE NORTH LINES OF SAID LOTOF BEGINNING; THENCE RUN S94, 30.00 FEET; THENCETM RUN S 0051'S3- W. 75.07 FEET,• THENCE RUN N 8",r47 W.30.D0 FEET TO THE AFORESAID WEST LINE OF LOT 4: THENCE RUN N 00'51'53- E, ALONG SAID WEST UN& 7501 FEET TO THE POINT OF BEGINNING THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.052 ACRES MORE OR LESS T POW OF C0&ffiAENCE%fW �p��p� NW CORNER LOT 4 po FULLERS CROSS ROAD CROHH P. PNOODS n 60' PUBLIC RIGHT OF WAY h g r204.55' o $ • POW OF SEGNM I �^ 30.00,-- S89 57'I7`E x LOT 4 CROWN POINT WOODS W N n PLAT BOOK 15, PACE 101 0 I Y] p C ...A.0.GOO h ^ (9 m... Z N89 57'47`W N m M � 30.00' SURVEYORS NOTES: ' 1, NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A I FLORIDA LICENSED SURVEYOR AND MAPPER. ' I 2 BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF LOT 4, CROWN POINT WOODS AS BEING S 895747E PER PB 15, PG 101. 3. THE LEGAL DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR 4. THIS IS NOT A BOUNDARY SURVEY. CERTL9ED TO: MIDI d ASCWDM " Mn awa.am SEARS MAIN BWR SEARS Y ME MAY[/IAGM21-4% CC01kPANY M1twy T M OfCEIDs we IBWIV 7ED'NCAL FEED or. naD DO= �� auDAM rn IMN N DtNBR R07V ar vN. a.flADOI SWAIM AM WPM mMc s7smT 2I07 R Pak Ala+ur Br \ FEDw7e DRAIwa DA7eaM/« Knfa Pvk f]7189 (10a1) d9� u110 14 THIS INSTRUMENT PREPARED BY E 0 LO N W O U I D / W Cn 1-1 Q 0 0 Q V) 0 I 0 O O O co N O N a a •'.1 111 1 1 1 1 1 1 1 r III11111111I i i t IIIII 1 11 1 11 IIIII 1 '' 1 V' 11111It i 11 11 11 1 1 11 11 1'•" I I i l 111 '•'•1 1 1 1 1 it 1 I"�' II IIIII 1 I i I I I 111 1 I i 1 1 I 1 II r 1141 i I I 1 I 11 1 V'•' I 11 1 I 0 I 1( II I I II II 1 1 11 I 1 II I II II •-•'I •'•V 1•'•' •'•y tlN1111nI1gl I ^•I I44p, Di I 1 IIII ""I •••, ^•• •", III ( � I II IIII I III IIII IIII I Iql IIII 411 I yll I tIQ IIII IIII IIII IIII I ( I ( 1 I I i I I p �I III IP �Iil � P q I II, d III III IQI P q II) III ,III III I I � p Qli pll� I I, 'ui ID IIII III► IIII IQI II II �� II II I II p it I II I III p( III I I I i i I .III uuunnUl I) nnnumgl II nulll IIII III II„) lagll tl IIIII IIII) II I I I nuununlll I ,n,lll III III ( uunnnllll ' ,,IIII III I O IIIII II (I'. III , III II I) II. O III ',. III III � I,. IIIII O (IIIIIIIIIIIIIIIIII) , II,. I I I I I IIII I ( ( IIII I Ip �) IIIII IIII li (I ► II I III �I Iil,l (I (! I) III II III I, IIII ( Ilil I II I' I II n I I I I I I I I I II I I ( I I ( I I I I II I i I 1 I i ...II ill it n 11 ( 1 I I I ..nl le,. I 1 1 l n III III .,ni lummm� IIIIIII .,ni unnnnnnliillll .. I LI a I) I I I I 1 u ., i ..� Illlllu., it i I u 11 n I it 1 I I Illuuu u I it 11 m ..nl LL.. Illlllu.. II n I i I II m 11 ui ...nl III... I (e,.. IIII... I I I� n I I ) w 1 IIIIIII IIOOni ,I mmli ,I 44ni IIIIIII Illlmll •.,AI ...d ..,ni IL,...,.II IIIIInNitlillllllll ..dl Ile.. Iil�lle., Illlliilnppr ..nl) IIL...alllllb.. ....IIIIIII�L....al III16IRillillllllllll ..nl lo... IIIIIIIIIIilpnll ..nl IIIiIIpq,lilll OWNER: CARTER CHARLES HERSCHEL 100 MIDGET PLACE WINTER GARDEN, FL. 34787 III IIIII) III ..,I I ,,. Iilllllll I ( I I , IIIIII IIIIIII I IIII .., I IIIIII ( ...yl II ....yl Ii,�.• I IIII IIII ' II p I II II IIIIIIIIIIIIQI) � .IIIIIII IIIII (IIII IIIIIIIII II!'1111,•) IIIII I �,. ', ipilll II.. In11n11i1 ICI IIIII II II II I (Illilllilllillll l Ill I' II II IIIIII IIIII III I (�I' ,' r II III pip ..nl Ilurunuullllllll .,dlllll... ...dlllllllll.....dlllln. I .,.A huuu,n,lUlll (IIIIIIUu,,,,ntll (Illgmun,,,,QIIII ...A lunnnnutliplllll ...nl lo,.. ...d umllmuul1111I11 .,IIIIIIL.. ...dIIIIIIIh,..,.dllhl.. it APPLICANT: TRUST MAURY L. CARTER & ASSOC. 908 S. DELANEY AVENUE ORLANDO, FL. 32806 PHONE: (407) 422-3144 FAX: (407) 422-3155 ATTN: PAT CHISHOLM LEGAL DESCRIPTION: ENGINEER: KIMLEY—HORN & ASSOCIATES INC. 3660 MAGUIRE BLVD. SUITE 200 ORLANDO, FL. 32803 PHONE: (407) 898-1511 FAX: (407) 894-4791 ATTN: JAY R. JACKSON, P.E. VACATED LOTS 1, 2, 3, 4, TRACT B AND CROWN POINT COURT, CROWN POINT WOODS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 101 THROUGH 103 AND SUBSEQUENT VACATION RECORDED IN OFFICIAL RECORDS BOOK 3804, PAGE 1504 AND AS AMENDED IN OFFICIAL RECORDS BOOK 3911, PAGE 1975, ALL OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A" OF SAID PLAT OF CROWN POINT WOODS, AS THE POINT OF BEGINNING; THENCE RUN N 00°51'53" E, ALONG THE WEST LINE OF VACATED LOTS 3 AND 4, 501.92 FEET TO THE SOUTH RIGHT OF WAY LINE OF FULLERS CROSS ROAD; THENCE RUN S 89°57'47" E, ALONG SAID SOUTH LINE, 508.78 FEET TO THE WEST RIGHT OF WAY LINE OF OCOEE—APOPKA ROAD; THENCE RUN S 05°22'47" E, ALONG SAID WEST LINE, 352.84 FEET TO A CURVE CONCAVE TO THE EAST; THENCE RUN SOUTHERLY ALONG SAID WEST LINE AND CURVE HAVING A CENTRAL ANGLE OF 00e43'38", A RADIUS OF 1969.86 FEET, AN ARC LENGTH OF 25.00 FEET, A CHORD BEARING OF S 05`44'36" E AND A CHORD DISTANCE OF 25.00 FEET TO THE NORTH LINE OF AFORESAID TRACT "A"; THENCE RUN THE FOLLOWING FIVE (5) COURSES AND DISTANCES ALONG SAID NORTH LINE: S 70°37'57" W, 148.52 FEET; N 45°00'00" W, 80.00 FEET; S 82°40'19" W, 190.87 FEET; S 29`00'00" W, 103.00 FEET; S 81 "03'31" W, 117.43 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 5.079 ACRES MORE OR LESS. LU-1 LU-2 LU-3 LU-4 LU-5 COVER SHEET LANDUSE PLAN CONDITIONS OF SURVEY TREE SURVEY SURVEYOR: SEARS SURVEYING COMPANY 315 N. FERNCREEK AVE. ORLANDO, FL. 32803 PHONE: (407) 897-622 FAX: (407) 897-6219 ATTN: ROB SEARS AFUAL MAP SCALE: 1 " = 100' X7A 4 JAY R. JACKSON, P.E. FL P.E. #54247 �� of-— MAY 7 2004 © 2004 Kimley—Horn and Associates, Inc. Kimley-Horn and Associates, Inc. FBPE No. CA00000696 U C N a) O U O N N Q c O E O S T N E Y O T O 0 -FA Q] N U C N a) C7 U O N Q c 0 c O S T a� E Y T c 0 0 a 0 0 "O c O C O N N L O .c cl 7 C a) + 3 0 0 t 3 E U O t c 0 0 U C L Q O Q E _0 c 0 w- 0 a1 N 0 0 L 0 Q 0 L a N c 3 _c U _c N 3 Q L Un wc 4- L a� a 0 rz z c 0 u c c E C Lo N a c u — a S L 0 w 0 N c c N a Z L. c Q a N N 6 J N 0 U) o E L I N J / a w N c o D 0 Q � J 0 0 Q N U � / a N � c O o' L 0 o L c N o -5 N I � o 0 0 0 o o c N o 3 s= Q E o a� o S O 2' L .__......... _._�.__ __...___._ ..__..__. ._._......_. ....... _........ ............. ................FULLVrW.RV"__. Ci..'_/'OSS_._RO D 60' PUBLIC RIGHT OF WAY /A -IIIAI T I-AIN PLAT BOOK 15, PAGE 101-103 ,. �� + 2„W �� �.I1 �✓ 80 502 p/ NB , i J IMMOKALEE FINE SAND FELDA FINE SAND FREQUENTLY FLOODED SOILS BOUNDARY EXISTING CONTOUR EXISTING WATERMAIN EXISTING OVERHEAD WIRE 0 50 100 SCALE AS SHOWN MAN 12-8-10 ACCESS MANAGEMENT PROGRAM NUMBER SHOWN PHASE ROADWAY IMPROVEMENTS TO BE PROVIDED* ON LUP EAST BOUND LEFT TURN LANE ON FULLERS CROSS ROAD AT OCOEE—APOPKA 1 1 ROAD INTERSECTION. RIGHT —IN ACCESS ONLY TURN TAPER ON FULLERS CROSS ROAD WITH A 4' RAISED 2 1 CONCRETE MEDIAN SEPARATOR TO PRVENT LEFT—IN/LEFT—OUT ACCESS TO PROJECT SITE. EASTBOUND RIGHT TURN TAPER ON FULLERS CROSS ROAD INTO THE PROPERTY AT THE 3 1 JOINT/CROSS ACCESS POINT. 4 1 WESTBOUND LEFT TURN LANE ON FULLERS CROSS ROAD INTO THE PROPERTY AT THE SHARED ACCESS POINT. 5 1 MINIMUM OF TWO OUTBOUND TURN LANES, AT LEAST ONE LEFT TURN AND ONE RIGHT TURN, ONTO FULLERS CROSS ROAD FROM THE SHARED ACCESS POINT. 6 2 NORTHBOUND LEFT TURN LANE ON OCOEE—APOPKA ROAD AT THE FULLER CROSS ROAD INTERSECTION. RIGHT—IN/RIGHT—OUT ONLY ACCESS TURN TAPERS ON OCOEE—APOPKA ROAD WITH A 4' 7 2 RASIED CONCRETE MEDIAN TO PREVENT LEFT—IN/LEFT—OUT ACCESS TO PROJECT SITE. PHASE 1= AT THE TIME OF DEVELOPMENT CONSISTENT WITH THE 1st PRELIMINARY SUBDIVISION PLAN OR PRELIMINARY SITE PLAN FOR THE PROPERTY. PHASE 2= AT THE TIME OF DEVELOPMENT CONSISTENT WITH ANY SUBSEQUENT PLANS. * AT A MINIMUM, THE DEVELOPER WILL PROVIDE THESE IMPROVEMENTS UNLESS SOMEONE ELSE HAS PUT THEM IN BEFORE APPROVAL OF THE 1st PRELIMINARY SUBDIVISION PLAN OR PRELIMINARY SITE PLAN FOR THE PROPERTY. THE CITY HAS THE RIGHT TO EVALUATE THE IMPROVEMENTS BASED ON THE DEVELOPMENT PROPOSAL. TRIP THRESHOLD MAXIMUM DAILY EXTERNAL (NOT INCLUDING PASS —BY) TRIPS OF 1,970 OR PM PEAK HOUR EXTERNAL (NOT EXCLUDING PASS —BY) TRIPS OF 198. 0 50 100 SCALE AS SHOWN 16 z _0 Li V O cc U N O UO _j co m rn N Q Q O O � p O O _� Q O c O ca z L'j 00 0 _ 0 z d- m v m Y Lli O O 0 N Q O0 U O cif W W m O Z z � < 11, U-) P:: wLLJ x 0 I W Ln z o U rr Ln O Lil J 0 LL 0 V) Li ry 3 Li 0 Z M / m m (n 0 m Ld LJ Ld W '� U Q to Q W U W a' S (n 0 0 U Ld LLJ O U O LL_ O L DATE 02/27/04 PROJECT NO. 049280000 SHEET NUMBER LU-2 1 U c N O_ U O W Q c 0 c O I T N E Y O T O O .3 0 0 U) U c vi 0 0 U 0 0 0 Q -0 c 0 c 0 E Y c 0 0 Q 0 0 c 0 c 0 0 N 0 0 c a� L 3 0 O E 3 0) 0 E (0,0 c 0 0 U c 0 a O a E c 0 0 0 0 0 0 0 a 0 a 0 0 U � C _c Q L u� 0 4- i b U U ct� -0 c 0 >, N 0 a E 0- 0 U Ln U N Q) cn 0 0 0 0 N T c 0 N 0 � c Q 0 Q 0 U ( 1 � 0 0 0 � C iL N ::) c J a w � o c c Q 0 _J 0 0 o Q N v 0 � Q V N 0 0 >_ .55 L c N 0 D 0 I 0 o 0 0 o 0 0 0 N 0 3 / L r ^ � V � 0 E a c E zs �0 �_c 0 1 I II I, I I I I I I I I I i I I i I l I I. I kI II. IIII I. i II I, ILI�(Ililllarl•', I .I i III all I I , I: III a,l: I Lr: :,loll. ...I, ..L... ., f:. , i �.�,r�NI . gal I .L..... I '6.. .,li i I L„ JI,L .d-. .L. ;,I. II.0 r Il.- ..0 111.. ..Iilil: . 1 it ilp... ... Y.. i I,•.,. ...:1 i I Ii:: IL,,. Irl:: LI a 1. THE APPLICANT REQUEST THE CITY OF OCOEE TO ANNEX 5.08 ACRES OF LAND INTO THE CITY AND REZONE THE PROPERTY (TAX PARCEL ID #07-22-28-0000-00-071) TO PUD, PLANNED UNIT DEVELOPMENT. THE ANNEXATION AND REZONING WILL BE SUBJECT TO APPROVAL OF AN AMENDMENT TO THE JOINT PLANNING AREA AGREEMENT, A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT AND A DEVELOPMENT AGREEMENT. 2. CURRENT ZONING: R-CE "RURAL COUNTRY ESTATE" (ORANGE COUNTY) 3. MAXIMUM BUILDING AREA: 44,000 SF (LIMITED TO MAXIMUM DAILY EXTERNAL (NOT INCLUDING PASS -BY) TRIPS OF 1,970 OR PM PEAK HOUR EXTERNAL (NOT EXCLUDING PASS -BY) TRIPS OF 198.) 4. MAXIMUM FLOOR AREA RATIO: 5. MAXIMUM BUILDING HEIGHT: 6. PARKING RATIO: 7. IMPERVIOUS AREA: 8 . PERVIOUS AREA: 9. PHASING PLAN: 10. ADJACENT ROADS: 11. PROPOSED ACCESS: 12. FLOOD ZONE: 13. BUILDING SETBACKS: OCOEE-APOPKA ROAD FULLERS CROSS ROAD SOUTH PERIMETER CONSERVATION AREA WEST PERIMETER ACCESS ROAD 14. ADJACENT ZONING: NORTH SOUTH EAST WEST 15. BUFFER REQUIREMENTS: BETWEEN BUILDINGS LANDSCAPE BUFFERS 16. SUPPORT SERVICES: WATER SERVICE WASTEWATER STORMWATER MGMT.' PARKS AND RECREATION SCHOOLS .20 35 FEET PER CODE 70% MAX. 30% MIN. THE PROJECT WILL BE DEVELOPED WITH MULTIPLE USERS. THE TIMING OF WHICH, WILL BE DETERMINED BY MARKET DEMAND. HOWEVER, EACH PHASE WILL BE CAPABLE OF STANDING ALONE AND DESIGNED WITH A CENTRAL STORMWATER SYSTEM AND CONSISTENT WITH THE ACCESS MANAGEMENT PROGRAM. C.R. 437 (OCOEE-APOPKA RD) 2 LANE ROAD WITHIN 90-135 FT EXISTING ROW; FULLERS CROSS RD WITHIN 60FT OF EXISTING ROW. 1 RIGHT-IN/RIGHT-OUT ONLY ON OCOEE-APOPKA ROAD 1 RIGHT -IN ONLY ON FULLERS CROSS ROAD 1 FULL ACCESS ON FULLERS CROSS ROAD AT THE WEST PERIMETER ACCESS ROAD FIRM ZONE X, MINIMAL AREA OF FLOODING 50 FEET 35 FEET 25 FOOT UPLAND BUFFER FROM THE JURISDICTIONAL WETLAND LINE 25 FEET PUD R-CE CONSERVATION AREA (ORANGE COUNTY) R-1AA PUD 20 FEET NORTH 15' EAST 25' WEST 10' FROM EASEMENT CITY OF OCOEE - 5,280 GPD (ESTIMATED FLOW) ON -SITE SEPTIC WILL BE UTILIZED UNTIL SUCH TIME CITY SEWER SERVICE IS AVAILABLE (5,280 GPD ESTIMATED FLOW)(NEAREST SANITARY CONNECTION 11 MILES SOUTH) ON -SITE RETENTION/DETENTION PER CITY OF OCOEE AND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT CRITERIA N/A N/A 17. PERMITTED USES: SAME AS THOSE PERMITTED AND REQUIRING SPECIAL EXCEPTION IN C-2 "COMMUNITY COMMERCIAL DISTRICT", WITH RESTRICTIONS. 18. PROHIBITED USES: AUTOMOBILE PARKING LOT, AUTOMOBILE REPAIR, AUTOMOBILE SALES (NEW AND USED), AUTOMOBILE AUCTION, AUTOMOBILE WRECKAGE/SALVAGE YARD, BOAT SALES AND SERVICE, BORROW PIT, PAWN SHOP, BUS TERMINAL, EQUIPMENT SALES, GOLF COURSE/COUNTRY CLUB, MOBILE HOME AND TRAVEL TRAILER SALES, MOTOR VEHICLE WHOLESALE, RECREATIONAL FACILITY (NEIGHBORHOOD AND COMMERCIAL) RECREATIONAL VEHICLE PARKS, TRUCK STOP AND CHECK CASHING SERVICES. 19. SPECIAL DEVELOPMENT STANDARDS: AT A MINIMUM, COMMERCIAL DEVELOPMENT STANDARDS IN ARTICLE VI, SEC. 6-14 OF THE LAND DEVELOPMENT CODE AND THE OCOEE CROWN PUD DEVELOPMENT STANDARDS WILL BE REQUIRED. 20. EXCEPT AS SPECIFICALLY NOTED ON THIS PLAN, DEVELOPMENT OF THIS PROPERTY SHALL BE CONSISTENT WITH THE REQUIREMENTS OF THE CITY OF OCOEE CODE. 21. THE CITY OF OCOEE IS SUBJECT TO THE TERMS, PROVISIONS AND RESTRICTIONS OF FLORIDA STATUTES CHAPTER 163 CONCERNING MORATORIA ON THE ISSUANCE OF BUILDING PERMITS UNDER CERTAIN CIRCUMSTANCES. THE CITY HAS NO LAWFUL AUTHORITY TO EXEMPT ANY PRIVATE ENTITY, OR ITSELF, FROM THE APPLICATION OF SUCH STATE LEGISLATION AND NOTHING HEREIN SHOULD BE CONSIDERED AS SUCH AN EXEMPTION. 22. THERE SHALL BE NO ACCESS FROM THE PROJECT TO ANY PUBLIC ROADS EXCEPT AT THE APPROVED LOCATIONS SHOWN ON THE PLAN. 23. A PERPETUAL, NON-EXCLUSIVE EASEMENT FOR ACCESS OVER ALL INTERNAL ROADWAYS AND PAVED AREAS SHALL BE GRANTED IN FAVOR OF THE CITY OF OCOEE AND OTHER APPLICABLE AUTHORITIES FOR LAW ENFORCEMENT, FIRE, AND OTHER EMERGENCY SERVICES. 24. ALL LEGAL INSTRUMENTS, INCLUDING BUT NOT LIMITED TO THE DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS, AND DEEDS CONVEYING PROPERTY TO PROPERTY OWNER'S ASSOCIATION, SHALL BE APPROVED BY THE CITY PRIOR TO PLAT APPROVAL. 25. PRIOR TO THE ISSUANCE OF THE FIRST PRELIMINARY SITE PLAN OR PRELIMINARY SUBDIVISION PLAN FOR THE PROPERTY, OR ANY PORTION OF THE PROPERTY, THE DEVELOPER AND CITY STAFF SHALL EVALUATE AND DETERMINE WHAT CROSS ACCESS AND DRAINAGE EASEMENTS AND IMPROVEMENTS ARE REQUIRED IN CONNECTION WITH THE PROPOSED DEVELOPMENT. IN CONSIDERING THE NEED FOR CROSS ACCESS AND DRAINAGE EASEMENTS AND IMPROVEMENTS DURING ITS EVALUATION OF DEVELOPMENT PROPOSED FOR ANY PORTION OF THE PROPERTY, THE CITY MAY CONSIDER ANY AND ALL DEVELOPMENT APPROVALS IT HAS PREVIOUSLY GRANTED FOR ANY PORTION OF THE PROPERTY. NOTWITHSTANDING THE FOREGOING, AT A MINIMUM, THE DEVELOPER SHALL AT THE TIME OF APPROVAL OF THE LAND USE PLAN FOR THE PROPERTY, ENTER INTO A SHARED ACCESS AND DRAINAGE EASEMENT AGREEMENT FOR SHARED ACCESS TO THE SITE WITH THE PROPERTY TO THE WEST AND FOR A 20' DRAINAGE EASEMENT ALONG THE WESTERN BOUNDARY OF THE PROPERTY. 26. PRIOR TO THE ISSUANCE OF THE FIRST PRELIMINARY SITE PLAN OR PRELIMINARY SUBDIVISION PLAN FOR THE PROPERTY, OR ANY PORTION OF THE PROPERTY, THE DEVELOPER AND CITY STAFF SHALL EVALUATE AND DETERMINE WHAT FUTURE RIGHT OF WAY NEEDS TO BE CONVEYED TO THE CITY IN CONNECTION WITH THE PROPOSED DEVELOPMENT. IN CONSIDERING THE NEED FOR ADDITIONAL RIGHT OF WAY DURING ITS EVALUATION OF DEVELOPMENT PROPOSED FOR ANY PORTION OF THE PROPERTY, THE CITY MAY CONSIDER ANY AND ALL DEVELOPMENT APPROVALS IT HAS PREVIOUSLY GRANTED FOR ANY PORTION OF THE PROPERTY. NOTWITHSTANDING THE FOREGOING, AT A MINIMUM, THE DEVELOPER SHALL, WITHIN 60 DAYS OF A REQUEST BY THE CITY OF THE SAME, BUT IN NO EVENT LATER THAN PLATTING OR FINAL SITE PLAN APPROVAL, CONVEY TO THE CITY TRACT A (20' OF RIGHT OF WAY ALONG FULLERS CROSS ROAD) INCLUDING A 50' RADIUS AT THE NEW SOUTHWEST CORNER RIGHT-OF-WAY LINES OF FULLERS CROSS ROAD AND OCOEE-APOPKA ROAD. THE DEVELOPER SHALL PROVIDE FOR ALL ROADWAY IMPROVEMENTS AND SHALL CONSTRUCT THE SAME, ACCORDING TO THE PHASING SCHEDULE IN THE ACCESS MANAGEMENT PROGRAM. ALL ROADWAY IMPROVEMENTS AND ALL TURN LANES ALONG FULLERS CROSS ROAD AND OCOEE-APOPKA ROAD SHALL OTHERWISE COMPLY WITH THE THEN EXISTING CITY SPECIFICATIONS FOR PUBLIC ROADS. TO THE EXTENT RIGHT OF WAY IS TO BE CONVEYED TO THE CITY, THE CONVEYANCE SHALL BE BY SPECIAL WARRANTY DEED FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT FOR THOSE MATTERS ACCEPTABLE TO THE CITY. THE FORM OF THE SPECIAL WARRANTY DEED SHALL BE SUBJECT TO THE APPROVAL OF THE CITY. AT LEAST TWENTY (20) DAYS PRIOR TO THE CONVEYANCE, THE OWNER SHALL, AT SUCH OWNER'S SOLE COST AND EXPENSE, PROVIDE TO THE CITY FOR REVIEW AND APPROVAL A METES AND BOUNDS LEGAL DESCRIPTION AND SKETCH OF DESCRIPTION, BOTH CERTIFIED TO THE CITY OF OCOEE, FOR THE PROPERTY TO BE CONVEYED. THE OWNER SHALL, CONTEMPORANEOUSLY WITH THE CONVEYANCE OF THE PROPERTY, 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 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 PROPERTY, INCLUDING THE COST OF TITLE WORK, SHALL BE BORNE SOLELY BY THE OWNER. REAL PROPERTY TAXES ON THE 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 SUCH OWNER IN ACCORDANCE WITH THE PROVISIONS OF SECTION 196.295, FLORIDA STATUTES; PROVIDED, HOWEVER, THAT IF THE CONVEYANCE OCCURS BETWEEN NOVEMBER 1 AND DECEMBER 31, THEN THE OWNER SHALL BE RESPONSIBLE FOR REAL PROPERTY TAXES FOR THE ENTIRE YEAR. NEITHER THE OWNER, ITS SUCCESSORS AND ASSIGNS, 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 CONVEYANCES. 27. ANY DAMAGE CAUSED TO ANY PUBLIC ROAD AS A RESULT OF THE CONSTRUCTION ACTIVITIES RELATED TO THE PROJECT, SHALL BE PROMPTLY REPAIRED BY THE DEVELOPER TO THE APPLICABLE GOVERNMENT STANDARDS AT THE DEVELOPER'S SOLE COST AND EXPENSE. 28. PRIOR TO THE ISSUANCE OF THE FIRST PRELIMINARY SITE PLAN OR PRELIMINARY SUBDIVISION PLAN FOR THE PROPERTY, OR ANY PORTION OF THE PROPERTY, THE DEVELOPER AND CITY STAFF SHALL EVALUATE AND DETERMINE WHAT WATER AND SEWER UTILITY IMPROVEMENTS ARE REQUIRED IN CONNECTION WITH THE PROPOSED DEVELOPMENT. IN CONSIDERING THE NEED FOR WATER AND SEWER UTILITY IMPROVEMENTS DURING ITS EVALUATION OF DEVELOPMENT PROPOSED FOR ANY PORTION OF THE PROPERTY, THE CITY MAY CONSIDER ANY AND ALL DEVELOPMENT APPROVALS IT HAS GRANTED FOR ANY PORTION OF THE PROPERTY. NOTWITHSTANDING THE FOREGOING, AT A MINIMUM, THE DEVELOPER SHALL BE SOLEY RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH EXTENDING AND/OR UPGRADING WATER AND SEWER UTILITY LINES TO THE PROPERTY. ALL WATER AND SEWER UTILITY IMPROVEMENTS MUST BE CONSISTENT WITH THE CITY'S UTILITY MASTER PLANS. IN ADDITION, THE WATER SUPPLY MUST BE DESIGNED TO ACCOMMODATE FIRE FLOW DEMAND. WHEN PUBLIC SANITARY SEWER IS IN PROXIMITY TO THE DEVELOPMENT, IT IS THE DEVELOPER'S RESPONSIBILITY TO TIE INTO THE SANITARY SEWER LINE AND PAY FOR ALL COSTS ASSOCIATED WITH TYING INTO THE LINE, INCLUDING PROVISION OF ANY NECESSARY LIFT STATIONS. 29. IF ANY REGIONAL LIFT STATION ON THE PROPERTY IS REQUIRED FOR THE CITY, IT WILL BE CONVEYED TO THE CITY AT NO COST TO THE CITY, AT THE TIME OF PLATTING OR FINAL SITE PLAN APPROVAL. LIFT STATION FACILITIES SHALL BE DESIGNED TO ACCOMMODATE A MASTER PUMPING STATION CONSISTENT WITH THE CITY'S UTILITY MASTER PLANS. ALL SUCH LIFT STATIONS SHALL BE FENCED WITH BLACK, VINYL CHAIN -LINK FENCE, WITH POSTS AND RAILS PAINTED BLACK, AND SHALL BE SET BACK NO LESS THAN 25' FROM ANY STREET. SUCH LIFT STATIONS SHALL ALSO BE SCREENED WITH HEDGE -TYPE SHRUBBERY, SUCH AS VIBURNUM OR LIGUSTRUM. 30. AT THE TIME OF SUBMITTAL OF THE FIRST PRELIMINARY SUBDIVISION PLAN OR SITE PLAN FOR THE PROPERTY, THE DEVELOPER WILL MAP THE JURISDICTIONAL WETLAND LINE ON THE SITE AND ESTABLISH A 25' UPLAND BUFFER FROM THAT LINE TO DEMARK THE SOUTHERN PORTION OF THE SITE THAT IS TO BE PRESERVED. DEPENDING ON THE RESULTS, THE CITY MAY ALSO REQUIRE A CONSERVATION AND DRAINAGE EASEMENT OVER ANY WETLANDS OR ADJOINING CONSERVATION AREA. THE USABLE AREA OF THE SITE WILL BE REDUCED BY THIS ACREAGE AND ALL DEVELOPMENT CRITERIA WILL BE REDUCED PROPORTIONATELY. PRIOR TO OR AT THE TIME OF DEVELOPMENT OF ANY PORTION OF THE PROPERTY, IF A CONSERVATION AND DRAINAGE EASEMENT AND ACCESS EASEMENT THERETO IF NECESSARY, IS REQUIRED, THE DEVELOPER SHALL CONVEY TO THE CITY THE CONSERVATION AND DRAINAGE EASEMENT, THE FORM OF WHICH SHALL BE APPROVED BY THE CITY PRIOR TO THE CONVEYANCE. 31. EACH PHASE OF DEVELOPMENT SHALL STAND ON ITS OWN WITH RESPECT TO PUBLIC SERVICES (SEWER, WATER, STORMWATER MANAGEMENT, ACCESS AND OTHER RELATED SERVICES). 32. THE DEVELOPER SHALL PROVIDE, AT A MINIMUM, AN 8-INCH WATER MAIN ALONG THE NORTHERN BOUNDARY OF THE PROPERTY ON FULLERS CROSS ROAD AT THE TIME OF INSTALLATION OF THE SUBDIVISION INFRASTRUCTURE.. 33. STORMWATER MANAGEMENT SHALL BE PROVIDED CONSISTENT WITH THE REQUIREMENTS OF THE OCOEE LAND DEVELOPMENT CODE AND THE ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT. THE STORMWATER MANAGEMENT SYSTEM IS SUBJECT TO ALL RULES AFFECTING THE PROTECTION OF LAKE APOPKA IN FORCE AT THE TIME OF DEVELOPMENT OF THE PROPERTY. 34. THE DEVELOPER SHALL MAKE EVERY EFFORT TO DESIGN THE SITE IN SUCH A WAY AS TO PRESERVE AS MANY SIGNIFICANT TREES AS POSSIBLE. 35. A PROPERTY OWNER'S ASSOCIATION WILL BE CREATED FOR MAINTENANCE AND MANAGEMENT OF ALL COMMON AREAS AND FACILITIES, UNLESS OTHERWISE NOTED. 36. THE DEVELOPER SHALL CONSTRUCT APPROPRIATE CURB CUTS TO ENABLE CONSTRUCTION OF RAMPS AT ALL RIGHTS -OF -WAY INTERSECTIONS (AND OTHER AREAS AS REASONABLY REQUIRED) IN ORDER TO ACCOMMODATE ACCESS TO SIDEWALKS AND STREETS FOR PERSONS WHO ARE IN WHEELCHAIRS AND OTHER PERSONS WHO ARE PHYSICALLY CHALLENGED. 37. ACCESS MANAGEMENT PROGRAM: SEE SHEET LU-2 FOR ACCESS MANAGEMENT PLAN. mas z 0 w 0 C3 ro 0 00 � z J L_C13 �o v Q O zo _ O Cc) co i N Q 0 � 0 < o 0 0 00 _'= Q NNorloo CO z �L_u coo,0-1 (n � 0 o z LLJ > v m :Em m � W o � 0 0 N Q 0:�E � o Qo w �2 m o D z o N O z Y a d� O w N z Q �' d 8 � W Ln W ft� z F � Q �C 0 (n w Q o o m m o m InW W w z z Q ywa V) V) o o U Q _o O COD fin v� U w W J 2E w w O LL U O 1 O I- U DATE 02/27/04 PROJECT NO. 049280000 SHEET NUMBER -3 RECOVERED 5/ AND CA POINT OF BEG►NNIN6 NORTHWEST CORNER OF TRACT A RECOVERED 3" ROUND CONCRETE MONUMENT AND DISC "RLS 1916" .SHEET I SECTION 7, / 0" WNSHIP ,- SOU / . OF RANGE 28 EAB' ORANGE COUNTY FLORIDA AND CAP "RLS 1916" JOB NUMBER: 03029.002 & .003 FIELD DATE: 09112103 REVISIONS: FIELD BY: C. POSPISIL FIELD BOOK: NIA PAGES: N 1A FIELD FILE: N 1A CALC. BY: R. SEARS DRAWN BY: R. SEARS CHECKED BY: 0. BISHMAN DRAWING NAME: 17: 03029 03029-3.DWG DRAWING SCALE: 1 " = 30' SURVEYORS CERTIFICATION: WE HEREBY CERTIFY THAT THISBOUNDARY SURVEY OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF AS PREPARED UNDER OUR DIRECTION INSEPTEMBER, 2003 . WE FURTHER CERTIFY THAT THIS BOUNDARY SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN RULE 61 G17-6, F.A.C. ADOPTED BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTE 472.027. low YAi&y_' a DESCRIPTION. - VACATED LOTS 1, 2, 3, 4, TRACT B AND CROWN POINT COURT, CROWN POINT WOODS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 101 THROUGH 103 AND SUBSEQUENT VACATION RECORDED IN OFFICIAL RECORDS BOOK 3804, PAGE,,4504 AND AS AMENDED IN OFFICIAL RECORDS BOOK 3911, PAGE 1975, ALL OF THE PUBLIC RECORDkOF ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A" OF SAID PU4T OF CROWN POINT WOODS, AS THE POINT OF BEGINNING, THENCE RUN N 00'51'53" E, ALONG THE WEST LINE OF VACATED LOTS 3 AND 4, 501.92 FEET TO THE SOUTH RIGHT OF WAY LINE OF FULLERS CROSS ROAD,: THENCE RUN S 89Z7'47" E, ALONG SAID SOUTH LINE, 508.78 FEET TO THE WEST RIGHT OF WAY LINE OF 'OCOEE-APOPKA ROAD; THENCE RUN S 0522'47" E, ALONG SAID ..WEST LINE, 352.84 FEET TO A CURVE.,.CONCAVE TO THE EAST, THENCE RUN SOUTHERLY ALONG SAID WEST LINE AND CURVE HAVING A CENTRAL 'ANGLE OF 00 4338 , A RADIUS OF 1969.86 FEET, AN ARC LENGTH OF 25.00 FEET, A CHORD BEARING OF S 05 44'36" E AND A CHORD DISTANCE OF 25.00 FEET TO THE NORTH LINE OF AFORESAID TRACT W, THENCE RUN:: THE FOLLOWING nVE (5) COURSES AND DISTANCES ALONG SAID NORTH LINE: S 703757" W, 148.52 FEET; N 45'00'00" W, 80.00 FEET; S 82 40'19" W, 190.87 FEET, S 29'00'00" W, 103.00 FEET, S 81 '0331 " W, 117.43 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 5.079 ACRES MORE OR LESS. SURVEYORS NOTES.- 1. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. LANDS SHOWN HEREON WERE ABSTRACTED FOR RIGHTS OF WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD, BY AMERICAN PIONEER TITLE INSURANCE COMPANY, PER TITLE COMMITMENT NO. CM-1-1373-WI306118-2. 3. REVISIONS DO NOT CONSTITUTE A RECERTIFICATION OF THE EXISTING CONDITIONS OF THIS SURVEY UNLESS SO STATED. 4. BEARINGS SHOWN HEREON ARE BASED ON THE FOLLOWING: THE WEST LINE OF OCOEE-APOPKA ROAD AS BEING S0522'47"E (ASSUMED). 5. THE LEGAL DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR. 6. UNDERGROUND IMPROVEMENTS AND INSTALLATIONS HAVE NOT BEEN LOCATED. 7. NO INTERIOR IMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE INDICATED. 8. THE LANDS SHOWN HEREON LIE ENTIRELY WITHIN ZONE X (AREAS LYING OUTSIDE THE 500-YEAR FLOOD PLAIN MINIMAL FLOODING) ACCORDING TO 'nRM" COMMUNITY PANEL NUMBER 120179 0210 E DATED DECEMBER 6, 2000. 9. ALL ADJOINERS PROVIDED BY THE CLIENT HAVE BEEN SHOWN HEREON. 10. LOTS 1-4, TRACT "B" AND CROWN POINT COURT HAVE BEEN VACATED AND ANNULLED PER O.R. 3804, PG. 1512 AND AS AMENDED IN O.R. 3811, PG. 1975, PUBLIC RECORDS OF ORANGE: COUNTY. GRAPHIC SCALE 30 0 15 30 60 120 .3'38" 59.86' 5.00' '44'36 "E .5.00' ROBERT D.M. SEARS P.S.M. FLORIDA REGISTRATION No. 4263 FLORIDA LAND BUSINESS No. 5736 ( IN FEET } 1 inch = 30 ft, LEGEND: — WL — WATER LINE. ."'. CONCRETE AREAS — RWL — RECLAIMED WATER LINE — roc —FIBER OPTIC: CABLE wso M WATER SHUT --OFF VALVE —OHW-- OVERHEAD U77LITY WIRES ® POWER TRANSFORMER — UGP— UNDERGROUND POWER LINE WATER METER — UGC— UNDERGROUND GAS LINE GAS METER — UGT— UNDERGROUND TELEPHONE LINE POWER METER —UGCT— UNDERGROUND CABLE TELEVISION POWER RAISER CONCRETE BLOCK WALL SINGLE POST SIGN WOODEN UTILITY POLE -Q-p- DOUBLE POST SIGN Q CONCRETE U77UTY POLE W80WATER BLOW -OFF VALVE O GUY POLE ® WELL t;— GUY ANCHOR WALKWAY LIGHT co p CLEAN -OUT © MITERED END SECTION EDCE OF ASPHALT PAVEMENT 91 ELECTRICAL OUTLET LIGHT POLE TELEPHONE RISER T$�g u TRAFFIC SIGNAL BOX q❑ V Sy0 FIRE HYDRANT t :_;{•_1., P TRAFFIC SIGNAL POLE AIWA MASTER WATER ASSEMBLY Q BOLLARD SEWER VALVE, CENTERLINE '. ' L.B. LICENSED BUSINESS WATER VALVE RWV P.&U. PROFESSIONAL SURVEYOR & RECLAIMED WATER VALVE MAPPER RWM P.L.S. PROFESSIONAL LAND SURVEYOR ® RECLAIMED WATER METER P.y,C. POLYVINYL CHLORIDE PIPE IRV IRRIOA77ON VALVE R.C.P. REINFORCED CONCRETE PIPE R AIR RELEASE VALVE C.M.P. CORRUGATED METAL PIPE D.I.P. DUCTILE IRON PIPE eFP BACK FLOW PREVENTER VC.P. V177OUS CLAY PIPE GV R RADIUS GAS VALVE n� CENTRAL ANGLE O SANITARY MANHOLE L LENGTH O DRAINAGE MANHOLE CH CHORD CB CHORD BEARING OT TELEPHONE MANHOLE T.B. TANGENT BEARING © GREASE TRAP MANHOLE pM PARKING METER (M) MEASURED © POWER MANHOLE (P) PUNT —x— BARBED WIRE FENCE (SWF) (C) CALCULATED — ❑ — W000 FENCE (VW) DESCRIPTION —O— CHAIN LINK FENCE (CLF) INVERT ELEVATON +I-INV-69.73 HANDICAPPED PARKING SPACE (H/C) k g5.5" EXISTING GROUND ELEVATION dtfi CATCH ®®® EXIS77NG GROUND CONTOUR DRAIN -- (UNLESS OTHERWISE NOTED) ® CURB INLET RECOVERED IRON ROD & CAP CURB INLEt'VATHOUT MANHOLE 1B 5736" - Q SET NAIL & DISC "LB 5736' (� FIRE DEPARTMENT CONTROL VALVE RECOVERED 4"x4" CONCRETE EHH MONUMENT Q ELECTRIC HAND HOLE O IRON PIPE CABLE TELEVISION RISER FP FLAG POLE TAC TELEPHONE�ACCESS CABINET VAULT UTILITY VAULT A/C AIR CONDITIONER P.O.H. AOINT OF BEGINNING ® P.O.C. PRINT OF -COMMENCEMENT PB H1 POWER BOX''' .: P.O.T. POINT OF TERMINATION MW O MONITORING WELL ■w1. TRAFFIC FLOW ARROW CPP CORRUGATED PLASTIC PIPE p.T. POINT OF TANGENCY DNR DEPARTMENT OF NATURAL RESOURCES P.C. POINT OF CURVATURE O.R. OFFICIAL -RECORDS BOOK P.C.P. PERMANENT CONTROL POINT P.R.M. PERMANENT*REFERENCE MONUMENT F.A.C. FLORIDA ADMINISIRA71VE CODE FOOT FLORIDA DEPARTMENT OF IRANSPORTA77ON R/W RIGHT OF WAY C.C.R. CERTIFIED CORNER RECORD B.M. BENCH MARK N.G.VD. NATIONAL'GEODETIC VERTICAL DATUM D.B. DEED BOOK F.F. FINISHED FLOOR P.B. PLAT BOOK NHW NORMAL HIGH WATER PG. PACE "AW ZA"WRIVEYING CAN& 2 IL ANP UMPAN 316 N. FernCreek Avenue Orlando, Florida 32303 (407) 397-6220