HomeMy WebLinkAboutItem 04 Approval of Interlocal Agreement Between the City and Orange County Regarding the Transfer of Jurisdiction of North Lakewood Avenue (Fullers Cross Road to Clarcona Ocoee Road) ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: April 20, 2021
Item #: 4
Reviewed By:
Contact Name: Michael Rumer Department Director: a��.
Contact Number: Ext. 1018 City Manager: Robert Fra
Subject: Approval of an Interlocal Agreement between the City of Ocoee and Orange County
Regarding the Transfer of Jurisdiction of North Lakewood Avenue (Fullers Cross Road
to Clarcona Ocoee Road).
Commission District 1, Larry Brinson, Sr.
Background Summary:
The Ocoee Village Center PUD rezoning and Comprehensive Plan amendment was approved by the Ocoee City
Commission on June 18, 2019. The plan provides for a realignment of North Lakewood Avenue from the
intersection of Fullers Cross Road to Clarcona Ocoee Road, which is currently under ownership and maintenance
of Orange County. In order to facilitate all of the activities required, including construction, inspection, and vacation
of the road, a transfer of jurisdictional ownership is required.
Staff from the City and Orange County have worked out an Interlocal Agreement, which provides for the change
of ownership and maintenance. The Interlocal Agreement must be first approved by the Ocoee City Commission
and then transmitted to Orange County for County Commission approval for the agreement to take effect.
Issue:
Should the City Commission approve an Interlocal Agreement between the City of Ocoee and Orange County
Regarding the Transfer of Jurisdiction of North Lakewood Avenue?
Recommendations:
Staff recommends the City Commission approve an Interlocal Agreement between the City of Ocoee and Orange
County Regarding the Transfer of Jurisdiction of North Lakewood Avenue.
Attachments:
Interlocal Agreement
Financial Impact:
No financial requirement for the approval of this document.
Type of Item: (please mark with an "x')
❑ Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading X Consent Agenda
❑ Ordinance Second Reading ❑ Public Hearing
❑ Resolution ❑ Regular Agenda
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® Commission Approval
❑ Discussion&Direction
E Original Document/Contract Attached for Execution by City Clerk
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept. _
Reviewed by
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INTERLOCAL AGREEMENT
between the
CITY OF OCOEE, FLORIDA
and
ORANGE COUNTY, FLORIDA
regarding the
TRANSFER OF JURISDICTION OF
NORTH LAKEWOOD AVENUE
Approved by the City of Ocoee
City Commission
,2021
Approved by the Orange County
Board of County Commissioners
,2021
INTERLOCAL AGREEMENT
between the
CITY OF OCOEE, FLORIDA
and
ORANGE COUNTY, FLORIDA
regarding the
TRANSFER OF JURISDICTION OF
NORTH LAKEWOOD AVENUE
THIS INTERLOCAL AGREEMENT is made and entered into by and between the
City of Ocoee,Florida, a municipal corporation,created and existing under the laws of the State
of Florida("City"), and Orange County,Florida, a Charter County and political subdivision of
the State of Florida("County").
RECITALS
WHEREAS, the County has authority pursuant to Section 125.01(1)(p), Florida Statutes,
to enter into an agreement with another governmental entity or agency for joint performance, or
performance by one entity or agency on behalf of the other, of any of either entity's or agency's
authorized functions;
WHEREAS, the City has authority pursuant Section 166.021, Florida Statutes, to enter
into agreements;
WHEREAS, Section 335.01(1), Florida Statutes states all roads which are open and
available for use by the public and dedicated to public use, according to law or by prescription,
are declared to be,and are established as,public roads;
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WHEREAS, a"road" is defined by Section 334.03(22), Florida Statutes,as "a way open
to travel by the public, including, but.not limited to, a street, highway, or alley. The term
includes associated sidewalks, the roadbed, the right-of-way, and all culverts, drains, sluices,
ditches, water storage areas, waterways, embankments, slopes, retaining walls, bridges, tunnels,
and viaducts necessary for the maintenance of travel . . .';
WHEREAS, the term "road" as defined be Section 334.03(22), Florida Statutes, also
implicitly includes,curbs,guardrails,landscaping, and traffic control devices(such as signals and
signs)within the right-of-way;
WHEREAS, according to Section 335.01(2), Florida Statutes, public roads are divided
into the following four systems: (1) the"county road system"; (2)the"city street system";(3)the
"State Highway System";and(4)the"State Park Road System";
WHEREAS, the "county road system" is defined by Section 334.03(8), Florida Statutes,
as"all collector roads in the unincorporated areas of a county and all extensions of such collector
roads into and through any incorporated areas, all local roads in the unincorporated areas,and all
urban minor arterial roads not in the State Highway System";
WHEREAS, the"city street system"is defined by Section 334.03(3), Florida Statutes,as
"all local roads within a municipality, and all collector roads inside that municipality, which are
not in the county road system";
WHEREAS, pursuant to Section 335.0415(2), Florida Statutes, any change of the
jurisdiction of a public road after July 1, 1995, that is a part of a county road system or a city
street system is governed by Section 335.0415(3),Florida Statutes;
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WHEREAS, pursuant to Section 335.0415(3), Florida Statutes, subsequent to July 1,
1995, public roads within the respective road systems of a county or a city may be transferred
between those jurisdictions only by mutual agreement of those local governmental entities;
WHEREAS,the City desires to own(and/or accept dedication of,whatever the case may
be), maintain, control, and have responsibility over, two portions of the County functionally
classified road known as North Lakewood Avenue,which two portions are generally described
as a north-south portion and an east-west portion, and are more particularly depicted in
Appendix"A"attached hereto;
WHEREAS, this Interlocal Agreement is intended to address the transfer of those two
portions of such road from the County road system to the City street system;
WHEREAS, in conjunction with such transfer, the City desires to accept an assignment
of the County's rights and duties under that certain Ocoee-Clarcona Road Drainage Easement
recorded at OR Book 1689,Page 761 of the Official Records of Orange County,Florida;
WHEREAS, furthermore, this Interlocal Agreement is intended to.establish which party
has jurisdiction to control traffic along such roads, pursuant to Section 316.006, Florida Statutes;
and
WHEREAS, this Interlocal Agreement is not intended to apply, and shall not be
construed as applying, to the subject of which law enforcement authority has jurisdiction to
enforce traffic laws along such roads,pursuant to Section 316.640, Florida Statutes.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein,the parties hereto agree as follows:
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1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by reference.
2. Transfer of Jurisdiction. The County hereby transfers to the City, and the City
hereby accepts and acknowledges jurisdiction over, the north-south and east-west portions of
North Lakewood Avenue depicted in Appendix "A." More specifically, the southern limit of
the north-south portion of North Lakewood Avenue is 481.77 feet south of the Section line for
Section 5, Township 22 South, Range 28 East and the northern limit is the southern limited
access right-of-way line for State Road 429. The western limit of the east-west portion is the
eastern right-of-way line of North Lakewood Avenue and the eastern limit is the southern right-
of-way line of Clarcona-Ocoee Road(the"Road").
3. Scone. The City's jurisdiction over the Road means the authority and
responsibility to maintain, control, repair, and improve the Road, and to control, regulate, warn,
and guide traffic on the Road pursuant to Section 316.006(2), Florida Statutes, regardless of any
future alteration, realignment, construction, extension, widening, or renaming of the Road.
Henceforth, the Road is deemed to be part of the"City street system,"for purposes of operation,
maintenance, and control of traffic.
4. Torts. Pursuant to Section 337.29(3), Florida Statutes, to the extent that
sovereign immunity has been waived,liability for torts regarding the Road shall be in the City.
5. Powers. Except as may be otherwise provided by law or this Interlocal
Agreement, and pursuant to Section 337.29(3), Florida Statutes, the City shall have the same
governmental, corporate, and proprietary powers with relation to the Road that the City has with
relation to other public roads and rights-of-way within the City.
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6. Future Realignment and Vacation. The County understands and recognizes
that, subsequent to the transfer of the Road, the City intends to vacate portions of the Road and
realign the road network as depicted in Appendix"B"attached hereto.
7. Modification of Traffic; Speed Limit; Weight Limits; Road Closures. The
City agrees that it shall not:
A. alter,modify or regulate traffic on the Road,or any portion thereof,in such
a manner as will reduce or impede the flow of traffic on the Road, or any
portion thereof (for example, through the installation of traffic calming
devices, speed humps, speed bumps, or roundabouts), excluding the
realignment and vacation of portions of the Road as referenced above;
B. reduce the speed limit of the Road below 35 miles per hour;
C. set weight limits or prohibit or restrict certain types of traffic(for example,
truck traffic)on the Road,or any portion thereof;or
D. close or barricade the Road, or any portion thereof, to vehicular traffic,
other than temporarily for road maintenance, road repair, accidents, or
miscellaneous special events, such as road races.
8. Dedication and Acceptance. For the Road, or any portion thereof, that was
heretofore dedicated, and that the County heretofore accepted, the County hereby dedicates the
Road,and any portion thereof,to the City,and the City hereby accepts such dedication.
9. Deed. The County shall execute and deliver a deed in favor of the City
substantially in the form attached hereto as Appendix "C," for any portion of the Road that the
County holds, or may hold, in fec, specifically described in the legal descriptions and sketches of
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description of Schedule"A" attached to Appendix "C"(the"Deed"). Within ten(10)days after
receipt of the Deed, the City shall accept the Deed by recording it in the Official Records of
Orange County at the City's expense.
10. Vesting of Title. Upon the recording of the Deed pursuant to Section 9, above,
title in the Road shall vest in the City pursuant to Section 337.29(3),Florida Statutes.
11. Assignment of Drainage Easement. Furthermore, the County shall execute and
deliver an assignment of its rights and duties under the Drainage Easement recorded at OR Book
1689, Page 761, to the City, substantially in the form attached hereto as Appendix "D" (the
"Assignment"). Within ten (10) days after receipt of the Assignment, the City shall accept the
Assignment by recording it in the Official Records of Orange County at the City's expense.
12. Validity. The City and the County each represents, warrants, and covenants to
and with the other its respective authority and power under Florida law to enter into this
Interlocal Agreement, acknowledges the validity and enforceability of this Interlocal Agreement,
and waives any future right of defense based on claim of illegality, invalidity or unenforceability
of any nature. The City and the County each hereby represents, warrants and covenants to and
with the other that this Interlocal Agreement has been validly approved by its respective
governing body,and that this Interlocal Agreement constitutes a legal, valid and binding contract
enforceable against the respective party in accordance with the terms hereof(assuming the due
authorization, execution and delivery hereof by the other party hereto).
13. Ambiguities. Both parties have been allowed equal input regarding the terms and
wording of this interlocal Agreement and have had the benefit of consultation with their
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respective legal counsel prior to its execution, such that all language herein shall be construed
equally against the parties, and no language shall be construed strictly against its drafter.
14. Headings. The headings or captions of sections or subsections used in this
Interlocal Agreement are merely for the convenience of the parties for reference only and are not
intended to define or limit their contents, nor are they to affect the construction of or to be taken
into consideration in interpreting this Interlocal Agreement.
15. Severability. The provisions of this Interlocal Agreement are declared by the
parties to be severable only to the extent that the remaining provisions can effectuate the purpose
and intent of the parties.
16. Governing Law; Venue; Attorney's Fees and Costs.
A. This Interlocal Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
B. Venue for any action arising out of or related to this Interlocal Agreement
shall be in the Circuit Court for the Ninth Judicial Circuit in Orange
County,Florida.
C. In the event a party deems it necessary to take legal action to enforce any
provisions of this Interlocal Agreement, each party shall bear its own
attorney's fees and costs at both the trial and appellate levels.
17. Entire Agreement. This Interlocal Agreement, along with its exhibits,
constitutes the entire Interlocal Agreement between the parties regarding the subject matter
hereof. Any prior oral or written agreements or understandings of any kind between the parties
relating to the subject matter hereof are null and void and of no further effect.
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18. Amendments. This Interlocal Agreement may be amended only by express
written instrument approved by the City Commission and the Board of County Commissioners,
and executed by the authorized officer of each party.
19. Counterparts. This Interlocal Agreement and any amendments thereto may be
executed in one or more counterparts, each of which shall be deemed an original,but all of which
shall constitute one and the same instrument.
20. Notices. Any notice required to be given or otherwise given by one party to the
other party shall be in writing and shall be deemed delivered when given by hand delivery; five
(5) days after being deposited in the United States Mail, postage prepaid, certified or registered:
or the next business day after being deposited with a recognized overnight mail or courier
delivery service; or when transmitted by facsimile or telecopy transmission, with receipt
acknowledged upon transmission; and addressed as follows:
If to the City: Robert D. Frank
City Manager
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
Phone: (407)905-3111
Email: rfrank@ocoee.org
Telecopy: (407)905-3118
With a copy to: Scott A. Cookson
City Attorney
1000 Legion Place#1700
Orlando,Florida 32801
Phone: (407)581-9800
Email: scookson@shuffieldlowman.com
Telecopy: (407)581-9801
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If to the County: Joseph C. Kunkel
Director, Orange County Public Works
4200 South John Young Parkway
Orlando,Florida 32839
Phone: (407) 836-7970
Email: Joseph.Kunkel@ocfl.net
Telecopy:(407) 836-7716
With a copy to: Jeffrey J.Newton
County Attorney
Orange County Administration Center
201 South Rosalind Avenue
Orlando,Florida 32801
Phone: (407) 836-7320
Email: Jeffrey.Newton@ocfl.net
Telecopy: (407) 836-5888
In all cases, notices shall be deemed delivered to a party only upon delivery of copies to
the persons indicated above in the same manner as for the party being notified. Either party may
change its designated official or address for receipt of notice by giving notice of such change to
the other party in the manner provided in this section.
21. Effective Date. This Interlocal Agreement shall become effective on the date of
execution by the City or the date of execution by the County,whichever date is later.
[Signatures to Follow]
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IN WITNESS WHEREOF, the parties have executed this Interlocal Agreement as of
the dates indicated below.
CITY OF OCOEE,FLORIDA
By: City Commission
By:
Rusty Johnson,Mayor
Date: , 2021
ATTEST:
By:
Melanie Sibbitt,City Clerk
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
By: —Jerry L. Demings, Mayor
Date: , 2021
ATTEST: Phil Diamond, CPA,County Comptroller
As Clerk of the Board of County Commissioners
By:
Deputy Clerk
s:ljprinselllagrcntunterlocal agreement between orange county and city of ocoee transferring jurisdiction of n. lakewood ave. - 03-15-21
clean.doc
10
Appendix"A"
Z00 0 100 200 RIGHT-OF-WAY TRANSFERS FROM
ORLANDO/ORANGE COUNTY EXPRESSWAY AUTHORITY
G1'"=SCSAS(or Fa" &ORANGE COUNTY TO THE CITY OF OCOEE
1
p C r1 NOUNTY
EXPREORLANSSWAY N E CORNY
' ' I 5� .��� `N (TOTAL AREA s].1T/ACRES
4
1t5 138,260 SF)(EXHIBIT II)
II
OR ANDOORANC'ECOUM 1 1 1I ,� �' ORANGE COwTv
EXPRESSWAY AUTHORITY 1 t N. I IIOIAe AREA: WA..REF
TRANSFER TO THE 1I \ ----.. 201 T/,Sari iLPHOIT!6 a<c.
CITY OF OCOEE(EXHIBIT II)
�------ i % _ _ _- --
` .1 / , TRANSFER FROM
\ j % ORANGE COUNT.
10 THE CRY OF OCOEE
/� / (EXHIBIT 1q
N.
OPIANDOIORANCE COUNTY H ,`\ ,
ESPIES WAYMRIQRRY t. r
TRANSFER TO TE - I '\
CITY OF OCOEE RD0NIST Imo OCOEE-CLARCONA ROAD __
a t/IIFf W00 ---- -— -
N %; II
ORIGINAL MTTO REMAIN I
go' / ORANGE COUNTY RAY
(.1F.
` I
Ni
3 �� /' / --~ ,tl
S I `) / /� // `% j/ 1• I .-_
- /' • \\, / / / %%
• \\ / / // / L...
TRANSFER FROM ^\ ,
ORANGE COUNTY • \-, \ �-+• %
TO THE GUY OF OCOEE • ( ,�\ // 'N-. / % /
(EXHIBIT 10) I- /• ) / ) / / j/ i-
----------NN �• / / %
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7/ 7�'I
III I — I
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/ / / I
6 5 I I i i + /,jam L-
--�LkkERSCROSS ROAD -- -- - -- —- I 7-----_ .
-
7 1 8 _
60' --j J —
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"'�' EXHIBIT"1" 1
Appendix"B"
28
9
1 ?00 RIGHT-OF-WAY TO BE VACATED AND TRANSFERRED TO THE
DEVELOPER & RIGHT-OF-WAY TO BE DEDICATED BY THE
"'"P'°`I SCALE.- 2 oB''M' DEVELOPER TO THE CITY OF OCOEE
1 I _ RIGHT-OF-WAY DEDICATED
THE MY
O lkti� y -.- TO BY DEVELOPER
(TOTALor- � " -- F OCOEE
(TOTALAREA=zncACRES
\0� woASFa)(EXHIBIT 2D 67c)
pl I ��' 1 / ORANGE COUNTY TRANSFERRED
Q I C ' -`$ / —� RIGHT-OF-WAY TO BE VACATED
if)l I ��C2 ` 111 L BY THE CITY OF OCOEE
I� I \—.'!/ (TOTAL AREA•7.060 ACRES
,ytl ) 47 0a8 SF a)(EXHIBIT 2a)
�/ �
EXPRESSWAY TRANSFERRED
,�;T RIGHT-OF-WAY TO SE VACATED
! BY THE CITY OF OCOEE
j I'// BY
AREA a 2874 ACRES
iii 1 / I \ 116,466 SF A)(EXHIBIT 2a)
1 RIGHT-OF-WAY <
DEDICATED )-
BY DEVELOPER
?a.076 SF,0.687 ACRES TEMPORARY CONSTRUCTION
(EUBIT 2V 1 EASEMENTS(EXHMIT SI A 2a)
110
I 4111111Ir
17 _
I TO BE
.'.— --.--. •'N CITY RIGHT-OF-WAY/ VACATED AND
57,509 SF TRANSFERRED TO THE
1.320 ACRES `-\.. S�J DEVELOPER(EXH®IT 2e)
t b 1.85T SF -\
CITY RIGHT-OF-WAY TO BE I N 0.043 A RCS ,-
VACATED AND -
TTUNSFERREDroTHE j ---'-> ' UARCONA-OCOEEROAD
DEVELOPER(DWBIT 241 1_
N*RTH [AKEWOOO AVE --- --—--
I •... t.-..BF T� �11.Ot0 SF
0 T
0.704 ACRES IS .253 ACRES I I
1 -OF-WAY_
60.--4 RIGHT BY DEVELOP R ^ i
I
131,680 SF,3 023 ACRES )
i (EXHIBIT26) I
20,203 E 1 I
BllO ACMES I -.
I
3I •f II
g I // / \ \ I I
x
l\ i
I- I ; ) �-+
tie
I i� / ;/ % I�
I 1 � % \ / %' /
12.574 SF 1 ' -T
0.286ACRES 13 / / / / / ) i
/ / / , I
I i l/ \\ / %% %/ / 1 I
1 1 r--fi
I I i/ / �, // / / I
1 I ; 10.010SF / / ;' ; / %
I 0.618 ACRES / / / j % L_L
1
I ; < / ;
/ r / ;/' I: ;' I
i' \� / I I
I ' I
1 I /
1 1ri 1I .
6bh.5 1 ! i t
-�ilkkHtS GRASS ROAD--- - -- i i I 4 ,_ __ _
I RIGHT-OF-WAY DFOWAIED --I-
I - RV DEVELOPER I
OW_„ ' ma SF.O ACRES I
(17(HIBIT 2S) _
.t60OOP
EXHIBIT 112I
Appendix"C"
Project: Interlocal Agreement between the City of Ocoee and Orange County regarding the Transfer
of Jurisdiction of North Lakewood Avenue
COUNTY DEED FOR NORTH LAKEWOOD AVENUE
THIS DEED, dated , 2021, by ORANGE COUNTY, a charter
county and political subdivision of the State of Florida,whose address is P.O.Box 1393,Orlando,Florida
32802-1393, GRANTOR,and the CITY OF OCOEE, a municipal corporation,under the laws of the state
of Florida,whose address is 150 N.Lakeshore Dr.,Ocoee,Florida 34761,GRANTEE.
WITNESSETH: That the GRANTOR, for and in consideration of the sum of$1.00 and other
valuable considerations,in hand paid by the GRANTEE,the receipt whereof is hereby acknowledged,does
hereby remise,release,and quit-claim unto the said GRANTEE forever, all the right,title,interest,claim,
and demand which the GRANTOR has in and to the following described lot,piece,or parcel of land,situate,
lying and being in the county of Orange,state of Florida,to-wit:
SEE ATTACHED SCHEDULE "A"
Property Appraiser's Parcel Identification Number(s):
Unassigned
THIS COUNTY DEED is being given for North Lakeshore Avenue in accordance with the
Interlocal Agreement between the City of Ocoee and Orange County regarding the transfer of jurisdiction
of North Lakeshore Avenue.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity, and claim
whatsoever of the GRANTOR,either in law or equity,to the only proper use,benefit,and behoove of the
GRANTEE forever.
Project: Interlocal Agreement between the City of Ocoee and Orange County regarding the Transfer
of Jurisdiction of North Lakewood Avenue
IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be executed in its
name by its Board,acting by the County Mayor,the day and year aforesaid.
(Official Seal) ORANGE COUNTY,FLORIDA
By Board of County Commissioners
By:
Jerry L.Demings,
Orange County Mayor
Date:
ATTEST: Phil Diamond,CPA,
County Comptroller,as the
Clerk to the Board of County Commissioners
By:
Deputy Clerk
Printed Name
s:\jprinseIf agrcnt\county deed form for ila with city of Ocoee for transfer of a.lakewood ave.-appendix c-03-12-21.docx
2
WOHLFARTH CONSULTING
GROUP LLC
ENGINEERS,PLANNERS
LAND DEVELOPMENT& 246 N.WESTMONTE DRIVE
ENGINEERING SERVICES ALTAMONTE SPRINGS,FLORIDA 32714
(407)750-3123
CERTIFICATE OF AUTHORIZATION NO.L88214 SKETCH AND DESCRIPTION
ONLY (NOT A SURVEY)
DESCRIPTION:
Portions of Sections 5, 6, 7 and 8, Township 22 South, Range 28 East, Orange County, Florida, being a portion of the
right—of—way for North Lakewood Avenue and Westbridge Court more particularly described as follows:
COMMENCE at the Southwest corner of the Southwest 1/4 of said Section 5; thence North 89'43'59" East along the
South line of the Southwest 1/4 of said Section 5, a distance of 30.00 feet to the POINT OF BEGINNING, said point lying
on the East right—of—way line of North Lakewood Avenue (Formerly West Rood); thence departing from the South line of
the Southwest 1/4 of said Section 5, run South 00'11'35" East along said East right—of—way line, a distance of 481.77
feet; thence departing from said East right—of—way line, run South 89'48'25" West, a distance of 60.00 feet to the West
right—of—way line of said North Lakewood Avenue; thence North 00'11'35" West along said West right—of—way line, a
distance of 481.75 feet to the intersection of the South line of the Southeast 1/4 of said Section 6 and the West line of
the East 30.00 feet of the Southeast 1/4 said Section 6; thence North 0053'06" West along the West line of the East
30.00 of the Southeast 1/4 of said Section 6 and the West right—of—way line of said North Lakewood Avenue, a distance
of 1,965.74 feet to a point lying on the Easterly extension of the Southerly Limited Access right—of—way line for State
Road 429 as shown on the Orlando—Orange County Expressway Authority Right—of Way Map, Section 75320-6460-
602/603; thence North 77'03'49" East along said line, a distance of 61.35 feet to a point lying on the East line of the
West 30.00 feet of the Southwest 1/4, of said Section 5; thence South 0053'06" East along said East line, a distance of
484.40 feet to Southwest corner of Parcel 62-161 Right—of—Way 'A' as described in Stipulated Order of Taking recorded
in Official Records Book 5461, Page 2341, of the Public Records of Orange County, Florida; thence South 89'10'10" East >
along the South line of said Parcel 62-161 Right—of—Way 'A' and the Easterly extension thereof, a distance of 750.50
feet to a point on the arc of a non—tangent curve concave to the North, the radius point of which bears North 18'03'30" 8
East; thence Easterly along said curve having a radius of 1,385.18 feet, a central angle of 14'02'15" for an arc distance 5
of 339.37 feet to a point on the South right—of—way line of Clarcona—Ocoee Road; thence North 89'10'10" West along a
non—tangent line, being the North line and the Easterly extension thereof, of Parcel 62-161 Right—of—Way 'B' os described,,
in Stipulated Order of Taking recorded in Official Records Book 5461, Page 2341, of said Public Records, a distance of
1,081.87 feet to a point lying on the East line of the West 30.00 feet of the Southwest 1/4 of said Section 5, said point
also being the Northwest corner of said Parcel 62-161 Right—of—Way 'B'; thence South 0053'06" East along said East o
line, a distance of 1,434.83 feet to the POINT OF BEGINNING.
0
Said lands containing 4.589 acres (199,884 square feet), more or less.
N
NOTES: R/W TRANSFER ,L
1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL (NORTH LAKEWOOD AVENUE&WESTBRIDGE COURT) 0
OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING, PROJECT NAME: OCOEE VILLAGE
SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS
NOT VAUD. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY LOCATION: City of Ocoee,Orange County, Florida. I—
OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT W
W
WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. _
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY WOHLFARTH CERTIFICATION: N
CONSULTING GROUP LLC FOR EASEMENTS AND RIGHTS-OF-WAY OF I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND DESCRIPTION IS TRUE
RECORD. AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT IT
3. DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD N
ANDDOES NOT CONSTITUTE A FIELD SURVEY. OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA
ADMINISTRATIVE CODE. 0
4. BEARINGS ARE BASED ON THE EAST UNE OF THE SOUTHEAST 1/4 I
OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FOR THE
FLORIDA, SAID EAST UNE HAVING AN ASSUMED BEARING OF WOHLFARTHH CONSULTING NG GROU LLC: �-{
NORTH 00'53'06" WEST. O
5. WOHLFARTH CONSULTING GROUP LLC CERTIFICATE OF AUTHORIZATION
NO. LB 8214 IS ISSUED BY THE FLORIDA DEPARTMENT OF AGRICULTURE 7AND CONSUMER SERVICES. w
L ON . WAY, P.S.M.
REVISIONS DATE BY PROFESSIONAL SURVEYOR d MAPPER #2885 STATE OF FLORIDA 0 o
a z
Revised 9/10/19 BF DATE: DRAWN CHECKED FIELD
4/29/19 BY BF BY WW BOOK N/A
WOHLFARTH CONSULTING
11 0 0 P
GROUP LLC
ENGINEERS,PLANNERS
LAND DEVELOPMENT& 246 N.WESTMONTE DRIVE
ENGINEERING SERVICES ALTAMONTE SPRINGS,FLORIDA 32714
(407)750-3123
CERTIFICATE OF AUTHORIZATION NO.LB8214 SKETCH AND DESCRIPTION ONLY(NOT A SURVEY)
I ! R/W TRANSFER
jE FZOAD 42 PY N7T,p3 49T I I STIPULATED (NORTH LAKEWOOD AVENUE&WESTBRIDGE COURT)
SSA N gELNI 61.35 . ORDER OF TAKING
ESSER - PARCEL 1044
w 3E 49* O.R.B. 9816, PG. 8120, O.C.R.WV-
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429 UV°41' -602/603 J I w 3 CDif n I Q ORDER OF TAKING m
P PtlI55`NA 320_646 w o z 4.0c A O PARCEL 1044
SECII�j5 8 m ni 0FF a�v 0 B12090.C.R.816, G W
S. UNE PARCEL 62-161 i in '0 1
RIGHT OF WAY 'A' ` in w R'9p � R=1385.18' Q
ORLANDO/ORANGE COUNTY i o s i A14'02'15" N
EXPRESSWAY AUTHORITY to N N. R/W LINE f L=339.37'
STIPULATED ORDER OF TAKING PER � +/S8910'10'E 750.50' i
O.R.B. 5461, PG. 2341, O.C.R. 1
S.W. CORNER PARCEL 62-161 ,, t I 4 ORIGINAL 60' R/W S. R/W
RIGHT OF WAY'A' ' / UNE`� 1ST AVE
N.W. CORNER PARCEL 62-161 + N8910'10"W 1081.87' I 1
RIGHT OF WAY'B' I N S. R/W UNE 0 I o I 0'
30'-- I-- NORTH LAKEWOOD AVE. I ^Itli
cn FORMERLY: CLARCONA-OCOEE ROAD T 1 ii
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v' I N. LINE PARCEL 62-161 N I n I N
-ro RIGHT OF WAY'B' I -I
a �n ORLANDO/ORANGE COUNTY I I g
w I rn EXPRESSWAY AUTHORITY
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cn IX 30' O.R.B. 5461, PG. 2341, O.C.R. 1
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=i,i 40' R/W=RIGHT-0E-WAY 41H AVE
Lt.); 1 POC SR=STATE ROAD I I N
-A40-=LIMITED ACCESS
S.W. CORNER S.W. 1/4, RIGHT-OF-WAY LINE
SECTION 5-22-28 I I
=I .I W
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N89'43'59'E —1-—1N
S. UNE OF THE S.E. 1/4, I 30.00'
SECTION 6-22-28 i S. LINE OF THE S.W. 1/4, cr I ?I
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--- , N. R/W UNE 6 5 POB SECTION 5-22-28 --------�and AVE (\
f-li{tERS-ERO&S-RGAB--�0 -------- -------------
S. R/W UNE 7 8 2 I rn I i
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T , T w REVISIONS DATE BY
w
Z I Revised 9/10/19 BF 0 z
S89'48'25'W— DATE: DRAWN CHECKED FIELD
60.00' \1�"' 4/29/19 BY BF BY WW BOOK N/A
WOHLFARTH CONSULTING
11 0 El r
GROUP LLC
ENGINEERS,PLANNERS
LAND DEVELOPMENT& 246 N.WESTMONTE DRIVE
ENGINEERING SERVICES ALTAMONTE SPRINGS,FLORIDA 32714
(407)750-3123
CERTIFICATE OF AUTHORIZATION NO.L88214
SKETCH AND DESCRIPTION ONLY (NOT A SURVEY)
DESCRIPTION:
Portions of Parcel 1044, as described in Stipulated Order of Taking recorded in Official Records Book 9816, Page 8120,
of the Public Records of Orange County, Florida, lying in the Southwest 1/4 of Section 5, Township 22 South, Range
28 East, Orange County, Florida, being a portion of the right—of—way for Clarcona—Ocoee Road more particularly
described as follows:
COMMENCE at the Southwest corner of the Southwest 1/4 of said Section 5; thence North 00'53'06" West along the
West line of the Southwest 1/4, of said Section 5, a distance of 1,517.98 feet; thence deporting from said West line,
run North 89'06'54" East, a distance of 127.16 feet to o point on the North right—of—way line of North Lakewood
Avenue (Formerly Clarcona—Ocoee Road), the following two (2) courses being along said North right—of—way line;
thence South 71'13'20" East, a distance of 20.58 feet; thence South 89'10'10" East, a distance of 432.14 feet to the
POINT OF BEGINNING, thence North 00'49'50" East along a West boundary of said Parcel 1044, a distance of 60.69
feet to a point on the arc of a non—tangent curve concave to the Northeast, the radius point of which bears North
27'04'46" East; thence Southeasterly along said curve having a radius of 1,385.18 feet, a central angle of 01'10'23"
for an arc distance of 28.36 feet; thence South 20'49'04" East along a non—tangent line, a distance of 47.99 feet; 3
thence South 22'27'30" West, a distance of 4.10 feet to a point hereinafter known as Point "A"; thence North vi
ce
89'10'10" West along a South boundary of said Parcel 1044, a distance of 41.75 feet to the POINT OF BEGINNING.
0,
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TOGETHER WITH:
0
COMMENCE at said Point "A", the following three (3) courses being along the South boundary of said Parcel 1044; z
0
thence South 89'10'10" East, a distance of 66.11 feet; thence South 00'49'50" West, a distance of 20.00 feet; thence
South 89'10'10" East, a distance of 75.29 feet to the POINT OF BEGINNING; thence North 65'30'31" East, a distance o
of 8.49 feet to a point on the arc of a non—tangent curve concave to the North, the radius point of which bears o
North 1833'31" East; thence Easterly along said curve having a radius of 1,385.18 feet, a central angle of 00'30'01"
-J
for an arc distance of 12.09 feet; thence North 8910'10" West along a non—tangent line and the South boundary of
said Parcel 1044, a distance of 19.21 feet to the POINT OF BEGINNING. 0
0
Containing 0.043 acres (1,887 square feet), more or less.
N
NOTES: R/W TRANSFERS (CLARCONA-OCOEE ROAD) ,,_
0
1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL PROJECT NAME: OCOEE VILLAGE
OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING, .-
SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS LOCATION: City of Ocoee,Orange County, Florida.
NOT VALID. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY W
OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT L.1
WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. _
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY WOHLFARTH CERTIFICATION: N
CONSULTING GROUP LLC FOR EASEMENTS AND RIGHTS-OF-WAY OF I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND DESCRIPTION IS TRUE
RECORD. AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT IT
3. DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD
AND DOES NOT CONSiiTUTE A FIELD SURVEY. OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA 7-I
ADMINISTRATIVE CODE. CD
4. BEARINGS ARE BASED ON THE WEST LINE OF THE SOUTHWEST 1/4
M
OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FOR THE C 00
tH
FLORIDA, SAID WEST LINE HAVING AN ASSUMED BEARING OF WOHLFARTH CONSULTING GROUP LLC:
NORTH 00'53'06' WEST. % 0
5. WOHLFARTH CONSULTING GROUP LLC CERTIFICATE OF AUTHORIZATION J
ND. LB 8214 IS ISSUED BY THE FLORIDA DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES. r"
L 1 . WAY, P.S.M. w
REVISIONS DATE BY PROFESSIONAL SURVEYORS yid MAPPER #2885 STATE OF FLORIDA o
az
DATE: DRAWN CHECKED FIELD
3/27/19 BY BF BY WIN BOOK N/A
WOHLFARTH CONSULTING
GROUP LLC
ENGINEERS,PLANNERS
LAND DEVELOPMENT& 246 N.WESTMONTE DRIVE
ENGINEERING SERVICES ALTAMONTE SPRINGS,FLORIDA 32714
(407)750-3123
CERTIFICATE OF AUTHORIZATION NO.LB8214
I' • SKETCH AND DESCRIPTION ONLY
ROAD42Ay I (NOT ASURVEY)
SINCEERN- I I STIPULATED R/W TRANSFERS
WE ORDER OF TAKING (CLARCONA-OCOEE ROAD)
PARCEL 1044
O.R.B. 9816, PG. 8120, O.C.R.
1
,.....----44.-----44.-A
I Ij
k I G c���0 S. LINE OF STIPULATED con
3 ti SEE DETAIL ORDER OF TAKINGS „
I _�---1 Z q p -PARCEL 1044 :-i
' I it K CO BELOW O.R.B. 9816, PG.
I CO ui ee 8120, O.C.R. J
3 I 4' bi
N89'06'54"E 3 N NLINEW POB O / PROPOSED `"
127.16' POC R/W LINE`__ 58910'10"E 432.14' , �`OINT "A"
�-- -- ---------- i- _-- ��_��-------�-
1 i --L _ _� -ORIGINAL 610' R/W __ S. R/W LINEss, 1ST AVE
S71'13'20"E �s. R ~ >>?' POB _ - 1 I
LINE
20.58' i N ��PROPOSED R/W 'c I I N
30'-- ri NORTH LAKEWOOD AVE. I I Ir
FORMERLY: CLARCONA-OCOEE ROAD T—I 0
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30' s ro z
3 1 `NFL / t� A=1'10 38 tr0 `QCQ
is I I z L=28.36' xl Q F i
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y S. BOUNDARY STIPULATED "Qcr
o I m m o ORDER OF TAKING PARCEL 1044 i
z I ce 3 CI CO o. NO, O.R.B. 9816. PG. B120, O.C.R. / --
w O N1 N Ul W Z{,i AO..D ;7/� a0
N W L. N N m U0 S22.27'3D"W 2/�� O
0
j I 3 a z N. ? 3 4.10' /� o
o I c> m '� o 066.11 3 N65'30'31"E
D o I 3 W cF1 LINE Z �41.75' , S891010"E 'n 8.49' / R=1385.18'
O �
O I- I $ N8910`10'W POC o�h POB / 0=O'30b1" N
vWwt I3 0l0 / L=12.09'
Y 3 I o _ �i_ POINT "A_ N15j 75.29' — ————-
0
I z POB / PROPOSED R/W S8990'10"E 19.21 N
Nss1o'S2" (OS N89'10'10"W ~
= WI PARCEL 62-161 RIGHT OF WAY 'A' N8910'52"W (D) I—
cC O O — —40' ORLANDO/ORANGE COUNTY EXPRESSWAY AUTHORITY Lai
ISTIPULATED ORDER OF TAKING PER ' PROPOSED R W LINE 2
Z IA- I O.R.B. 5461, PG. 2341. O.C.R. i / 2
. N
�III POC DETAIL
S.W. CORNER S.W. 1/4, SCALE:1"=60' N
SECTION 5-22-28
FULLERS r-I
0
S. LINE OF THE S.W. 1/4,
J CROSS ROAA 6 i rj-� - ------ 00
SECTION 5-22-2B
------ - ------- - LEGEND x--I
I A=CENTRAL ANGLE PG.=PAGE O
L=LENGTH OF ARC R=RADIUS
m b 7 8 O.C.R.=ORANGE COUNTY RECORDS R/W=RIGHT-OF-WAY fV
I O.R.B.=OFFICIAL RECORDS BOOK -AV-=LIMITED ACCESS
I POC=POINT OF COMMENCEMENT RIGHT-OF-WAY LINE
I POB=POINT OF BEGINNING lig
C...)P.B.=PLAT BOOK
(D)=PER O.R.B.9816,PG.8120,O.C.R. a Ci
z
REVISIONS DATE BY
DATE: DRAWN CHECKED FIELD
3/27/19 BY BF BY WW BOOK N/A
Appendix"D"
Project: Interlocal Agreement between the City of Ocoee and Orange County for Transfer of Jurisdiction of
North Lakewood Avenue
ASSIGNMENT OF DRAINAGE EASEMENT
THIS ASSIGNMENT OF DRAINAGE EASEMENT (the"Assignment"), effective as
of the day of execution, is made and entered into by ORANGE COUNTY, a charter county and
political subdivision of the State of Florida, whose mailing address is P.O. Box 1393, Orlando,
FL 32802-1393 ("Assignor"), to the CITY OF OCOEE, a municipal corporation under the laws
of the State of Florida, whose address is 150 N. Lakeshore Dr., Ocoee, Florida 34761
("Assignee").
WHEREAS, Assignor is the Grantee under a Drainage Easement between Horace N.
Baker and Grace H. Baker, his wife, as the Grantors, and Orange County, dated December 5,
1967, and recorded at OR Book 1689, Page 761, Public Records of Orange County, Florida,
regarding the lands situated in Orange County,to wit:
South 10 feet of the north 231 feet of the NW '/ of NW '/e
Section 8,Township 22 South,Range 28 East
and
WHEREAS, subject to the provisions herein, and to the provisions of the Interlocal
Agreement between Assignor and Assignee for the transfer of jurisdiction of North Lakewood
Avenue, Assignor desires to assign, and Assignee desires to assume, all of Assignor's rights,
title,duties, obligations, and interest in the above referenced Drainage Easement.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which
are hereby acknowledged,the parties hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein
by reference.
2. Assignment. Assignor hereby assigns and transfers to Assignee all of Assignor's
rights, title, duties,obligations, and interest to the above referenced Drainage Easement.
Project: Interlocal Agreement between the City of Ocoee and Orange County for Transfer of Jurisdiction of
North Lakewood Avenue
3. Assumption. Assignee hereby assumes from Assignor all of Assignor's rights,
duties, and obligations under the terms and conditions of the Drainage Easement, and Assignee
further agrees that, as a condition of this Assignment, Assignee shall assume and abide by all
terms and conditions of the Drainage Easement.
IN WITNESS WHEREOF, the Assignor hereto has executed this Assignment of
Drainage Easement as of the day and year below its signature.
ASSIGNOR:
ORANGE COUNTY,FLORIDA
By: Board of County Commissioners
By:
Jerry L. Demings
Orange County Mayor
Date: ,2021
ATTEST: Phil Diamond,CPA,
Orange County Comptroller,
as Clerk of the Board of County Commissioners
By: Deputy Clerk
Print Name:
2
Project: Interlocal Agreement between the City of Ocoee and Orange County for Transfer of Jurisdiction of
North Lakewood Avenue
ASSIGNEE:
CITY OF OCOEE, FLORIDA
By: City Commission
By:
Rusty Johnson, Mayor
Date: ,2021
ATTEST:
By:
Melanie Sibbitt, City Clerk
assignment of drainage easement form-orange county to ocoee-appendix d-03-12-21
3