HomeMy WebLinkAboutOrdinance 92-74
Ordinance No. 92-74 voided per
Stipulated Final Judgment dated
September 6, 1994 in Case No. CI93-245
ORDINANCE NO. 92-74
CASE NO. 2-24AR-92: BLAYER
(
~ ~
b3 t' ~O
o S ~J t'
< 0 ~(A ='
l:t1 ~ 8Vi ~ WHE~EAS, pursuant to section 171.044, Florida Statutes,
E; tL 0.(. Q the owner or owners of certain real property located in
~ ~ @ ~ unincorporated Orange County, Florida, as hereinafter described,
o u~ have petitioned the City Commission of the City of Ocoee, Florida
". I (lithe Ocoee city Commission") to annex said real property into the
o corporate limits of the City of Ocoee, Florida; and
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
ANNEXING INTO THE CORPORATE LIMITS OF THE CITY
OF OCOEE, FLORIDA, 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 SAID ANNEXATION TO BE CONSISTENT WITH
THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE
CITY CODE; PROVIDING FOR AND AUTHORIZING THE
UPDATING OF OFFICIAL CITY MAPS; PROVIDING
DIRECTION TO THE CITY CLERK; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR AN EFFECTIVE DATE.
~ WHEREAS, the Ocoee city Commission has determined that
(7.5 said petition bears the signatures of all owners of . the real
property proposed to be annexed into the corporate li~its of the
-~~dh-City of Ocoee, Florida; and 4321345 ORANG: CO. FL.
1$, Q,l.. c, ~ '3 41'\/"8/n"l 'O....O.I:'Q-
~ ~<'E.... ~ Q jJ".. 71. 1. ,..1 i. ~f ,,:Jill
~ ~ g ... fool WHEREAS, notice of the proposed annexation has been
e::<~,.Ji1 published pursuant to the requirements of Section 171.044(2),
Florida Statutes and Section 5-9(E) of Chapter 180 of the Code of
Ordinances of the City of Ocoee (lithe Ocoee City Code"); .and . . ..,
DR L~ 504 PG 432
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 and to be
in the best interests of the city of Ocoee and has recommended to
J:f~ J the Ocoee City commission that it approve said annexation petition;
i ~ ~;; and .
a:0 5,..,
ifili~ WHEREAS, the Ocoee City commission has the authority,
iI8!iI! pursuant to Section 171. 044, Florida Statutes to annex said real
'~oz'property into its corporate limits upon petition of the owners of
S~8 said real property; and
~?l
\Y
\
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 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, Chapters
166 and 171, Florida statutes, and Section 7 of Article I of the
Charter of the City of Ocoee, Florida.
section 2. The City commission of the City of Ocoee,
Florida 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" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF (hereinafter
referred to as "said land").
section 4. The City commission of the City of Ocoee,
Florida hereby finds that the annexation of said land is consistent
with the Ocoee Comprehensive Plan and meets all of the requirements
for annexation set forth in the Ocoee Comprehensive Plan and Ocoee
City Code.
section 5. A map of said land herein described which
clearly shows the annexed area is attached hereto as Exhibit "B"
and by this reference made a part hereof.
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.
section 8. The land herein described and future
inhabitants of said land herein described shall be ]iable 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.
}R t~ 504 PG4 32 2
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.
ATTEST:
section 11. This ordinance shall take effect upon
passage and adoption, and that 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 of this Ordinance.
PASSED AND ADOPTED this ~ day of D~6rnA~ , 1992.
APPROVED:
CITY OF OCOEE, FLORIDA
-- /}
~!;Ct' {//~L{
S. Scott Vandergrift,
Clerk
J
( SEAL)
ADVERTISED jj~ (,1~~ 3 CI.> Ill, 1992
READ FIRST TIME ff).A.UI>M.o..,M I , 1992
READ SECOND TIME AND ADOPTED
]) &t. 6f.....Atrfl { b , 1992.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPRO:r~ AS TO FO~ AND LeALITY
this (~1) day of eC~l"\ .r; 1992.
FOLEY , LARDNER
(jJ<;~
city Attorney
By:
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON .De,..~I3H2- /1. , 1992
UNDER AGENDA ITEM NO. ~ G I
ANNEX.ORD
OR4 5 0 4 'PG4 32 3
EXHIBIT IIAII
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
OR. i} 5 0 4 'PG4 3 2 4
SITE LOCATION MAP
CITY OF OCOEE
ANNEXATION PETITION
CASE No. 2-24AR-92
BLA YER
AREA: 19.6 ACRES
OR l!, 504 ,P&432'5
PROPERTY TAX 10: 33-22-28-3104-05191
SUBJECT
PARCEL
~ UNINCORPORATED ORANGE COUNTY Ifce1!Il!1l , tw:/tt'll'l 'l~~"WL
(FOR ILLUSTRATION PURPOSES ONLY) ~ (}).,/,'i1l->;.''''
..... cocptro1ltr. ~ C&is R.
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.
-3- _