HomeMy WebLinkAboutItem #09 Approval of Enforcement of Annexation Agreement
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AGENDA ITEM COVER SHEET
Meeting Date:
Item # ~
Reviewed By:
Contact Name:
Mary D. Solik, Assistant
City Attorney
(407) 244-3259
Department Director:
City Manager:
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Contact Number:
Subject: Enforcement of Annexation Agreement
Background Summary:
The City entered into an Annexation Agreement in April 1998, for the voluntary annexation of property
located on Marshall Farms Road. The Agreement provides for the conveyance of right-of-way to the City.
Issue:
The current owner of the property refuses to comply with the terms of the binding Annexation Agreement.
Recommendations
The City file suit for specific performance to enforce the Annexation Agreement.
Attachments:
Staff Memorandum.
Financial Impact:
TypeofUem:
o Public Hearing
o Ordinance First Reading
o Ordinance First Reading
o Resolution
o Commission Approval
o Discussion & Direction
For Clerk's Deot Use:
o Consent Agenda
o Public Hearing
o Regular Agenda
o Original Document/Contract Attached for Execution by City Clerk
o Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
D N/A
D N/A
D N/A
to._1158813.1
: FOLEY
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
111 NORTH ORANGE AVENUE, SUITE 1800
ORLANDO, FL 32801-2386
P. O. BOX 2193
ORLANDO, FL 32802-2193
407.423.7656
407.648.1743
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mSDlik@foley.com
407.244.3259
MEMORANDUM
CLIENT-MATTER NUMBER
020377.<J581
TO:
The Honorable Mayor and City
Commissioners of the City of Ocoee
FROM:
Mary D. Solik
DATE:
December 15,2008
RE:
Enforcement of Annexation Agreement
In April 1998, the City of Ocoee entered into an Annexation Agreement with
Ashley Cooper VanLandingham, individually and as trustee. This Annexation Agreement
resulted in the voluntary annexation of approximately four acres of land located on the east side
of Marshall Farms Road, just south of its intersection with Maguire Road. The Annexation
Agreement provides that within 60 days from the date of written notice from the City the owner
shall convey and dedicate to the City 20' of right of way adjacent to Marshall Farms Road. The
Agreement also provides that within 30 days from the date of written notice from the City, the
owner shall provide the City a sketch of description of the right-of-way to be conveyed and
dedicated to the City. The Annexation Agreement was properly recorded and provides that it is
binding on successors and assigns.
In June 2006, the Van Landingham property was acquired by Armstrong
Development Group 1, LLC. The Armstrong property is now necessary for the Maguire Road
Phase V Improvement project and will be used for a retention pond. The City has made demand,
pursuant to the Annexation Agreement, upon Armstrong Development to convey and dedicate
the 20' strip along Marshall Farms Road and instituted eminent domain proceedings to acquire
the remainder of the property by condemnation. An Order of Taking has been entered for the
tract, less the 20' right-of-way the City is entitled to by virtue of the Annexation Agreement.
Demand has been made on Armstrong Development twice for conveyance of the
right-of-way pursuant to the Annexation Agreement. The owner has failed to respond to either
of the City's requests. The most recent request was made on September 17, 2008. On October
21, 2008, Armstrong Development was given notice that they were in default under the
ORLA_1158813.1
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FOLEY Be LARDNER LLP
Annexation Agreement for failure to provide the required sketch of description. Thirty days
have now passed from the notice of default and Armstrong has again failed to respond. The
Agreement provides that it is enforceable at law or in equity including the right of specific
performance. Section 10 of the Annexation Agreement provides for the recovery of attorneys
fees arising out of any litigation brought under the terms of the agreement. The City staff now
recommends that the City file a suit for specific performance seeking conveyance of the right-of-
way pursuant to the terms of the Annexation Agreement. If the City is successful in enforcing
the Annexation Agreement, it will be entitled to an award of attorneys' fees.
Recommendation:
It is recommended that the City Attorney be directed to institute a specific
performance suit against Armstrong Development Group 1, LLC.
MDS:cam
cc: Robert Frank
Craig Shadrix
David Wheeler
3
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