HomeMy WebLinkAboutOrdinance 92-75
Ordinance No. 92-75 voided per
Stipulated Final Judgment dated
September 6, 1994 in Case No. CI93-245
ORDINANCE NO. 92-75
CASE NO. 2-24AR-92: BLAYER
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
CHANGING THE ZONING CLASSIFICATION FROM ORANGE
COUNTY A-l, AGRICULTURAL DISTRICT, TO OCOEE,
A-l, GENERAL AGRICULTURAL DISTRICT, ON CERTAIN
REAL PROPERTY LOCATED ON THE EAST SIDE OF 7TH
AVENUE AND 200 FEET SOUTH OF MOORE ROAD
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 AN EFFECTIVE DATE.
WHEREAS, the City commission of the City of Ocoee,
Florida has on the date of adoption of this Ordinance, annexed into
the corporate limits of the City of Ocoee, Florida certain real
property now located in the city of Ocoee, Orange County, Florida,
as hereinafter described; and
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 to rezone and establish an
initial zoning classification for said real property of "OCOEE, A-
1, GENERAL AGRICULTURAL DISTRICT" ("the Initial Zoning"); and
WHEREAS, pursuant to section 5-9(B) of Chapter 180 of the
Code of Ordinances of the City of Ocoee ("the Ocoee City Code"),
the Planning Director has reviewed said application and determined
that the Initial Zoning requested by the Applicant is consistent
with the 1991 City of Ocoee Comprehensive Plan as set forth in
Ordinance No. 91-28, adopted September 18, 1991 ("the Ocoee
Comprehensive Plan"); and
WHEREAS, said Initial Zoning 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, the Planning and Zoning commission has held a
public hearing and reviewed said Initial zoning application for
consistency with the Ocoee Comprehensive Plan and determined that
the Initial zoning requested by the Applicant is consistent with
the Ocoee Comprehensive Plan and is in the best interest of the
City and has recommended to the Ocoee City Commission that the
zoning classification of said real property be zoned "OCOEE, A-I,
GENERAL AGRICULTURAL DISTRICT", as requested by the Applicant, and
that the Ocoee City Commission find that the Initial zoning
requested by the Applicant is consistent with the Ocoee
Comprehensive Plan; and
WHEREAS, the Ocoee City commission has held a de novo
public hearing with official notice thereof with respect to the
proposed Initial Zoning of said real property; and
WHEREAS, the Ocoee city commission has determined that
the Initial Zoning requested by the Petitioner is consistent with
the Ocoee Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee
ci ty 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. The City commission of the City of Ocoee,
Florida 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. That the zoning classification, as defined in
the Ocoee City Code, of the following described parcel of land
located within the corporate limits of the City of Ocoee, Florida,
is hereby changed from "Orange County A-1. AGRICULTURAL DISTRICT"
to "OCOEE. A-1. GENERAL AGRICULTURAL DISTRICT":
SEE EXHIBIT "A" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART
HEREOF.
SECTION 3. That the City commission of the city of
Ocoee, Florida, hereby finds the new zoning of the lands described
in this Ordinance to be consistent with the Ocoee Comprehensive
Plan.
SECTION 4. The city Clerk is hereby authorized and
directed to revise the Official Zoning Map of the City of Ocoee in
order to incorporate the zoning amendments 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 the Ocoee City Code.
SECTION s. All ordinances or parts of ordinances in
conflict herewith are hereby repealed and rescinded.
SECTION 6. Severability. If any section, subsection,
sentence, clause, phrase or portion of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the
validity of the remaining portion hereto.
SECTION 7. Effective Date. This Ordinance shall become
effective immediately upon passage and adoption.
PASSED AND ADOPTED this ~ day of bG-t.b1t,,&l.. , 1992.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Clerk
Je
S.
(SEAL)
ADVERTISED Jcl.a e...PJM.t.uu.3 , 1992
READ FIRST TIME KJ..cLt'iN'V\..t.....A..> I , 1992
READ SECOND TIME AND ADOPTED
D&C&-hlI3W /L , 1992.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED, AS TO FORM~.~AND L,GALITY
this I b 11:.. day of l,tg. .~~ 1992.
::~EY & 7j ~ r&Jtj)
city Attorney
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON br;ct7'llll:J61?.n , 1992
UNDER AGENDA ITEM NO. 1" " 3
ZONING.ORD
EXHIBIT "A"
BLAYER
LEGAL DESCRIPTION
The South 71.20 feet of Lot 19 and all of Lots 20, 21, 22, 23 and
24, Block "E" Town of Gotha Replat in part "According to the Plat
thereof as recorded in Plat Book "R", at page 55 of the Public
Records of Orange County, Florida, being more particularly
described as follows: begin at the S.W. corner of said Lot 24;
thence run N. '0020' 09" W., along the West line of said lots 24 thru
19, for 446.57 feet to a point 71.20 feet North of the S.W. corner
of said Lot 19; thence run N. 89044'57" E., parallel with the South
line of said Lot 19 for 1907.22 feet to the East line of said Lot
19; thence run S. 0025'17" E., along the east line of said Lots 19
thru 24, for 446.59 feet to the S.E. corner of said Lot 24; thence
run S. 89044'59" W., for 1907.88 feet to the Point of Beginning,
containing 19.556 acres more or less.
NOTES:
(1) Bearings: assumed N. 0020'09" on the West line of S.E. 1/4,
section 32-22-28.
(2) Set iron rod and 1993 cap at all boundary corners.
2-24AR-92: BLAYER
SITE LOCATION MAP
CITY OF OCOEE
INITIAL ZONING PETITION
CASE No. 2-24AR-92
BLAYE'R
AREA: 19.6 ACRES
FRO"': ORANGE COUNTY AGRICULTURAL
TO:A-1, GENERAL AGRICULTURAL DISTRICT
PROPERTY TAX 10: 33-22-28-3104-05191 "
SUBJECT
PARCEL
~ UNINCORPORATED ORANGE COUNTY
(FOR ILLUSTRATION PURPOSES ONLY)
A Certified Copy of th- s. document is filed with
the original of Ordinance Nos. 92 -72, 92 -73 74,
92 -75, 92 -76 and 92 -7
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR ORANGE COUNTY, FLORIDA
CASE NO. CI93 -245
ORANGE COUNTY, FLORIDA, C)r �' r•`
_ a political subdivision "D co rn:
of the State of Florida, ' c —
Plaintiff � _ °o
• o -+ _ —
VS.
r — ,
CITY OF OCOEE,
a municipal corporation,
Orange Co FL 4996220
Defendant. 09/08/94 09 :07:49a■
OR Bk 4793 Pg 1 424
STIPULATED FINAL JUDGMENT
This matter comes before the Court on the parties' Joint
Motion, and the Court, being advised that parties have
previously stipulated herein to the entry of a Stipulated
Partial Final Judgment, dated March 11, 1994, which finally
'disposed of a portion of this case, and being further advised
that the parties have now agreed by way of a second settlement
agreement, attached hereto as Exhibit "1" and by this reference
made a part hereof ( "the Second Settlement Agreement "), to
finally dispose of all remaining issues in this case, and being
otherwise fully advised in the premises, it is hereby
ORDERED AND ADJUDGED:
1. All claims concerning the following challenged
ordinances of the City of Ocoee are hereby dismissed with
•
J
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR ORANGE COUNTY, FLORIDA
CASE NO. CI93 -245
c- i °
ORANGE COUNTY, FLORIDA, cnr-n cn r'
rn
a political subdivision Z> n rn
_
of the State of Florida, '-
Plaintiff, py ± M C ° - -0
l
G - -
V S . r-
--4 co
• CITY OF OCOEE,
a municipal corporation,
Oran Co FL 4996220
Defendant. 09/08/94 09:07:49a■
OR Bk 4793 Pg 1424
STIPULATED FINAL JUDGMENT
This matter comes before the Court on the parties' Joint
Motion, and the Court, being advised that parties have
previously stipulated herein to the entry of a Stipulated
Partial Final Judgment, dated March 11, 1994, which finally
'disposed of a portion of this case, and being further advised
that the parties have now agreed by way of a second settlement
agreement, attached hereto as Exhibit "1" and by this reference
made a part hereof ( "the Second Settlement Agreement "), to
finally dispose of all remaining issues in this case, and being
otherwise fully advised in the premises, it is hereby
ORDERED AND ADJUDGED:
1. All claims concerning the following challenged
ordinances of the City of Ocoee are hereby dismissed with
(—.
prejudice and Judgment of Dismissal is hereby entered thereon:
City of Ocoee Ordinance Nos. 92 -72, 92 -73, 92 -74, 92 -75, 92 -76
OR Bk 479:3 Pg 142E5
and 92 - 77. Orange Co FL 4996220
2. As of the date of entry of this Stipulated Final
Judgment, City of Ocoee Ordinance Nos. 92 -72, 92 -73, 92 -74,
92 -75, 92 -76 and 92 -77 are hereby declared to be null and void
and of no further force and effect and the real property which
is the subject of said ordinances shall no longer be within the
corporate boundaries of the City of Ocoee, said property being
more particularly described in Exhibit "A" attached hereto and
by this reference made a part hereof.
3. Nothing in this Stipulated Final Judgment shall
preclude either party from enforcing the terms of the Second
Settlement Agreement, and the Joint Planning Area Agreement
attached as a portion of Exhibit "1" to the Stipulated Partial
Final Judgment entered herein on March 11, 1994, as it may from
'time to time be amended ( "The Joint Planning Area Agreement ").
4. Breach of the Second Settlement Agreement and /or the
Joint Planning Area Agreement, and any subsequent action to
enforce said agreements, shall not vacate or affect the
finality of this Stipulated Final Judgment.
5. Each party shall bear its own attorney's fees and
costs.
6. The parties may, from time to time, amend the Joint
Planning Area Agreement without any further action by this
Court.
-2-
- DONE AND ORDERED this 6 day of , 1994, in
Orlando, Orange County, Florid
:
Circuit Court Judge
OR Bk X 47 - • • 1 426
Orange Co FL 4996220
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been furnished by U. S. Mail this day
of _! ae,& a , 1994 to JOHN HORAN, ESQ., Foley & Lardner, 111 N.
Orange Avenue, Suite 1800, Orlando, Florida 32801; and A.
BRYANT APPLEGATE, Assistant County Attorney, Orange County
Attorney's Office, P.O. Box 1393, Orlando, Florida 32802 -1393.
AWSIDIAIMPAm A. ! te a �Apple•: t = �'� �
AMY712 06/21/94
-3-
Arrrol Fu 1«r.
CO: IMISSIONERS AT ITS MEETING
**N94 7` /3w r-
A OR Bk 4793 Pg 1 427
Oranae Co FL 4996220
SECOND
SETTLEMENT AGREEMENT
THIS SECOND SETTLEMENT AGREEMENT (this "Agreement ") is made
and entered into this day of 1994, by and
between Orange County, Florida, a political subdivision of the
State of Florida (hereinafter referred to as the "County ") and
the City of Ocoee, a municipal corporation existing under the
laws -of the State of Florida (hereinafter referred to as the
"City ").
RECITALS
WHEREAS, there is an action pending in the Circuit Court of
the Ninth Judicial Circuit in and for Orange County, Florida,
styled Orange County, Plaintiff, vs. City of Ocoee, Defendant,
being Case Number CI 93 -245 ( "the Lawsuit ") under which Orange
County is seeking review by certiorari of certain ordinances
enacted by the City of Ocoee which annex certain property into
the City and rezone said property; and
WHEREAS, the City and County have previously entered into
that certain Settlement Agreement dated February 11, 1994,
which settled a portion of the lawsuit ( "the First Settlement
Agreement "); and
WHEREAS, pursuant to the First Settlement Agreement, a
Stipulated Partial Final Judgment was entered on March 11,
1994; and
WHEREAS, pursuant to the First Settlement Agreement, the
City and County have previously entered into that certain Joint
_. EXHIBIT "1" "—
Planning Area Agreement dated February 11, 1994 (hereinafter
referred to as the "Joint Planning Area Agreement "); and
WHEREAS, the City and County now wish to settle the
remaining portion of the Lawsuit in connection with City of
Ocoee Ordinance Nos. 92 -72, 92 -73, 92 -74, 92 -75, 92 -76, and
92 -77 (hereinafter referred to as the "Disputed Annexation and
OR Bk 4793 Pg 142E1
Zoning Ordinances) . Orange Co FL 4996220
NOW, THEREFORE, in consideration of the foregoing recitals
and other good and value consideration, receipt of which is
hereby acknowledged, the City and County hereby agree as
follows:
1. The above recitals are true and correct and are
incorporated herein by reference.
2. County staff shall recommend the addition of a policy
to the Orange County Comprehensive Policy Plan permitting two
(2) dwelling units per acre on the property which is the
subject of the City of Ocoee Ordinance Nos. 92 -72, 92 -73,
' 92 -74, 92 -75, 92 -76, and 92 -77, as more particularly described
in Exhibit "A" attached hereto and by this reference made a
part hereof (hereinafter the . "Property "). The Board of County
Commissioners shall consider each recommendation pursuant to
applicable law.
3. In the event that the amendment to the County
Comprehensive Policy Plan set forth in the preceding
subparagraph is not adopted within eighteen (18) months of the
-2-
effective date of this Agreement, the County and City will
-amend the Joint Planing Area Agreement to include the Property
within the Joint Planning Area and allow for densities on the
Property of up to but not exceeding two (2) dwelling units per
acre and that in such event the County will not object to the
annexation of the Property into the corporate limits of the
City of Ocoee and the zoning of the Property so long as such
annexation and zoning are consistent with the terms of the
OR Bk 4793 Pg 1429
Joint Planning Area Agreement, as amended. Orange Co FL 4996220
4. The City hereby agrees to the entry of a final
judgment in the lawsuit which would declare City of Ocoee
Ordinance Nos. 92 -72, 92 -73, 92 -74, 92 -75, 92 -76 and 92 -77 to
be null and void and of no further force and effect as of the
date of the entry of such final judgment.
5. City and County hereby approve the Joint Motion,
including the proposed Stipulated Final Judgment, attached
hereto as Exhibit "B" and by this reference made a part hereof
and authorize and direct their respective legal counsel to file
said Joint Motion in connection with the Lawsuit.
6. The City and the County agree that, as of the date of
the entry of the Stipulated Final Judgment attached hereto,
that: (a) the Property will be considered to be part of the
Gotha Rural Settlement for the purposes of the Joint Planning
Area Agreement, (b) the provisions of Section 5 of the Joint
Planning Area Agreement will be applicable to the Property, and
-3-
(c) the Property will be outside of both the corporate limits
of the City and the Joint Planning Area. The County and the
City each agree to make such amendments to their respective
comprehensive plans as may be necessary in order to conform
such comprehensive plans to the provisions of this Agreement.
7. All statements or other communications so made during
settlement negotiations and meetings between County and City
culminating in this Agreement shall be privileged and
considered part of settlement negotiations and shall be
OR Bk 4793 Pg 1 430
inadmissible for any purpose in the Lawsuit. Orange Co FL 4996220
8. The execution of this Agreement and the entry of the
Stipulated Final Judgment shall not be deemed to constitute a
waiver of City's or County's rights to enforce any and all of
the provisions of the Joint Planning Area Agreement in
accordance with the terms and conditions thereof.
9. This Agreement and the terms of the settlement have
been approved by the City Commission of the City at an
advertised public hearing as required by and in accordance with
the provisions of Section 164.106(1), Florida Statutes.
10. This Agreement and the terms of this settlement have
been approved by the Board of County Commissioners of the
County in accordance with all applicable provisions of Florida
law.
11. The date of last execution by a party hereto shall be
the date of this Agreement and such date shall be inserted on
the first page hereof.
-4-
(-
12. The Property shall be included in the transition zones
.,provided for in Section 9.D.(4) of the Joint Planning Area
Agreement, notwithstanding that the Lawsuit was not settled
within ninety (90) days of the Effective Date of the February
11, 1994 First Settlement Agreement with respect to the other
annexation and rezoning ordinances previously challenged by the
County in Case No. CI93 -245 and with respect to which the
OR Bk 4793 Pg 1431
.Lawsuit has previously been dismissed. _ Orange Co FL 4996220
13. This Agreement is intended to 'fully settle all
outstanding issues in the Lawsuit which were not previously
settled by the First Settlement Agreement.
IN WITNESS WHEREOF, the County and City have executed this
Second Settlement Agreement on behalf of the County and City,
respectively, and have set their seals hereto as of the date
set forth above.
ORANGE COUNTY, FLORIDA Pj
BY: J6714- 411-I.'
.4e.-County Chairman
DATE: AUG Q91994
•
ATTEST: Martha O. Haynie, County Comptroller
As Clerk of the Board of County Commissioners
BY: G�__ �� � FOR THE USE AND REL!A iCE
Deputy; R OF ORANGE con OPJI_Y
f
'yummy, Fus&
•
•
•
OR Bk 4793 Pg 1 432
Orange Co FL 4996220
CITY OF OCOEE, FLORIDA
BY : CLt4::
S. Scott Vanderg ti t, Mayor
ATTEST:
Jdan Grafto , City Clerk
-FOR THE USE AND RELIANCE
ONLY BY THE CITY OF OCOEE,
FLORIDA
APPROVED AS TO FORM AND
LEGALITY THIS 11 DAY OF
,)vii , 1994.
FOLEY & L1 2DN R (7 t 1
BY: )(L../ - : � ',
City Attorney
•
AMY711 06/21/94 -6- .
OR Bk 4793 Pg 143Z3
Orange Co FL 4996220
EXHIBIT "A"
THE PROPERTY
(Page 1 of 3)
BAKER
LEGAL DESCRIPTION
Begin at the Southwest corner of Lot 27, Block "E ",
replat of part of blocks O -P -T -U and Y and all of Block
X, Map of Gotha. As recorded in Book "R ",• page 55,
Public Records of Orange County, Florida, thence N.
00'30'54" E, a distance of 204.00 feet to the Northwest
corner of Lot 25, thence N 89'27'06" E, 1905.00 feet
along the North line of said Lot 25, thence S 00'30'54"
E, 62.80 feet along the Westerly right -of -way of Atlantic
Coast Line Railroad, continue along the right -of -way of
Atlantic Coast Line Railroad on a curve having a Radius
of 1638.85 feet, a central angle of 4'56'34 ", and a
length of 141.98 feet to the Southeast corner of said lot
27, thence S 89'27'06" W, a distance of 1898.91 feet to
the point of beginning.
Containing 8.91 acres more or less.
2- 0 3 AR- 9 2: BAKER
— - OR Bk 4793 Pg 1 434
Orange Co FL 4996220
EXHIBIT "A"
THE PROPERTY
(Page 2 of 3)
BLAYER
LEGAL DESCRIPTION
The South 71.20 feet of Lot 19 and all of Lots 20, 21, 22, 23 and
24, Block "E" Town of Gotha Replat in part "According to the Plat
thereof as recorded in Plat Book "R ", at page 55 of the Public
Records of Orange County, Florida, being more particularly
described as follows: begin at the S.W. corner of said Lot 24;
thence run N. 0'20'09" W., along the West line of said lots 24 thru
19, for 446.57 feet to a point 71.20 feet North of the S.W. corner
of said Lot 19; thence run N. 89'44'57" E., parallel with the South
line of said Lot 19 for 1907.22 feet to the East line of said Lot
19; thence run S. 0'25'17" E., along the east line of said Lots 19
thru 24, for 446.59 feet to the S.E. corner of said Lot 24; thence
run S. 89'44'59" W., for 1907.88 feet to the Point of Beginning,
containing 19.556 acres more or less.
NOTES:
(1) Bearings: assumed N. 0'20'09" on the West line of S.E. 1/4,
Section 32- 22 -28.
(2) Set iron rod and 1993 cap at all boundary corners.
2- 24AR -92: SLAYER
•
EXHIBIT ° A " O Bk 4793 Pg 1 435
Orange Co FL 4996220
THE PROPERTY
(Page 3 of 3)
LEGAL DESCRIPTION (AS PRONGED BY CLIENT) O.R. .3061/799
THE SOUTH 69..3 FEET OF LOT 16, ALL OF LOT 17 AND 18 AND THE
NORTH J.8 FEET OF LOT 19, ALL BEING IN BLOCK E MAP OF GO THA.
ACCORDING TO THE PLAT THEREOF RECORDED IN PLA BOOK R, PAGE
55. PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. LYING AND
BEING IN SECTION .32. TOWNSHIP 22 SOUTH. RANGE 28 EAST.
LEGAL DESCRIPTION (AS WRITTEN BY SURVEYOR)
THAT PART OF LOTS 16 THRU 19. INCLUSIVE. BLOCK E. MAP OF
GOTHA. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK R. PAGE 55 OF THE PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA. BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 16 FOR A POINT
OF REFERENCE; THENCE RUN NO0138'32 "E ALONG THE WEST LINE
OF SAID LOT 16 A DISTANCE OF 69.J FEET TO THE NORTH UNE OF
THE SOUTH 69.3 FEET OF SAIO LOT 16 FOR A POINT OF BEGINNING;
THENCE' RUN S89'41'45 ALONG SAID NORTH UNE A DISTANCE OF
1918.42 FEET ro THE EASTERLY UNES OF SAID LOTS 16 THRU 19;
T1 -IENCE RUN 50013'50 *W ALONG SAID EASTERLY UNE A DISTANCE
OF 223.51 FEET TO THE SOUTH UNE OF THE NORTH 3.8 t t t i OF
SAID LOT 19; THENCE RUN N89•41'16 - W ALONG SAID SOUTH UNE A
DISTANCE' OF 1918.08 FEET TO THE WESTERLY ONES OF SAIO L01S
16 THRU 19; THENCE RUN N00108'32 - E ALONG SAID WESTERLY
LINES A DISTANCE OF 223.24 FEET TO THE POINT OF BEGINNING
•
CONTAINING 9.837 ACRES, MORE OR LESS.
2- 15AR -92: GT ESS
•
EXHIBIT"B" OR Bk 4793 Pg 1436
Orange Co FL 4996220
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR ORANGE COUNTY, FLORIDA
CASE NO. CI93 -245
ORANGE COUNTY, FLORIDA,
a political subdivision
of the State of Florida,
Plaintiff,
vs.
CITY OF OCOEE,
a municipal corporation,
Defendant.
STIPULATED FINAL JUDGMENT
This matter comes before the Court on the parties' Joint
Motion, and the Court, being advised that parties have
previously stipulated herein to the entry of a Stipulated
Partial Final Judgment, dated March 11, 1994, which finally
disposed of a portion of this case, and being further advised
that the parties have now agreed by way of a second settlement
agreement, attached hereto as Exhibit "1" and by this reference
made a part hereof ( "the Second Settlement Agreement "), to
finally dispose of all remaining issues in this case, and being
oth fully advised in the premises, it is hereby
ORDERED AND ADJUDGED: -
1. All claims concerning the following challenged
ordinances of the City of Ocoee are hereby dismissed with
EXHIBIT "B" TO THE SECOND SETTLEMENT AGREEMENT
OR Bk 4793 Pg 1
Orange Co FL 4996220
prejudice and Judgment of Dismissal is hereby entered thereon:
City of Ocoee Ordinance Nos. 92 -72, 92 -73, 92 -74, 92 -75, 92 -76
and 92 -77.
2. As of the date of entry of this Stipulated Final
Judgment, City of Ocoee Ordinance Nos. 92 -72, 92 -73, 92 -74,
92 - 75, 92 - 76 and 92 - 77 are hereby declared to be null and void
and of no further force and effect and the real property which
is the of said ordinances shall no longer be within the
corporate boundaries of the City of Ocoee, said property being
more particularly described in Exhibit "A" attached hereto and
by this reference made a part hereof.
3. Nothing in this Stipulated Final Judgment shall
preclude either party from enforcing the terms of the Second
Settlement Agreement, and the Joint Planning Area Agreement
attached as a portion of Exhibit "1" to the Stipulated Partial
Final Judgment entered herein on March 11, 1994, as it may from
tine to time be amended ( "The Joint Planning Area Agreement ").
4. Breach of the Second Settlement Agreement and /or the
Joint Planning Area Agreement, and any subsequent action to
enforce said agreements, shall not vacate or affect the
finality of this Stipulated Final Judgment.
5. Each party shall bear its own attorney's fees and
costs.
6. The parties may, from time to time, amend the Joint
Planning Area Agreement without any further action by this
Court.
-2-
DONE AND ORDERED this day of , 1994, in
Orlando, Orange County, Florida. OR Bk 4793 Pg 1438
Orange Co FL 4996220
Record Verified — Martha 0. Haynie
Circuit Court Judge
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been furnished by U. S. Mail this day
of , 1994 to JOHN HORAN, ESQ., Foley & Lardner, 111 N.
Orange Avenue, Suite 1800, Orlando, Florida 32801; and A.
BRYANT APPLEGATE, Assistant County Attorney, Orange County
Attorney's Office, P.O. Box 1393, Orlando, Florida 32802 -1393.
Judicial Assistant
ty
That the above ^^'^ ^ ^ c p. .1 I HEREBY CERTIFY
and toregoiniis. tryioa e _ ;
, ARLTQ,' 'lark Clrc sit Court
Cate. Y ,� 2 �,...
AMY712 06/21/94 y — _ .c.
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