HomeMy WebLinkAboutItem #12 a.b. 529 Ocoee-Apopka Road
Meeting Date: March 17,2009
Item # ~ '*^- l h.
Contact Name:
Contact Number:
Antonio Fabre, AICP
407 -905-3100/1019
Reviewed By:
Department Director:
City Manager:
Subject: 529 Ocoee-Apopka Road
Applicant: LMG Construction
Case Number(s): AX 07-08-13 & RZ-08-07-05
Commission District # 3 - Rusty Johnson
ISSUE:
Should the Honorable Mayor and City Commissioners approve the Annexation and the Initial Zoning (C-1)
Ordinances for 529 Ocoee-Apopka Road?
BACKGROUND SUMMARY:
General Location: The property is located on the east side of Ocoee-Apopka Road approximately 1,800 feet
north of Palm Drive intersection.
Parcel Identification Number(s): 18-22-28-0000-00-083 & 18-22-28-0000-00-007.
Property Size: 1.84 +/-acre
Actual land use. proposed land use, unique features. and plan consistency of the subiect property: The
subject property consists of two (2) parcels fronting on Ocoee-Apopka Road. The northern parcel is
improved with a nonoperational (Collison Carey Hand) Funeral Home facility. The southern parcel is vacant
and undeveloped. Both parcels are consistent with the adopted City of Ocoee Comprehensive Plan.
The future land use & zoninQ classification of the subiect property:
CURRENT Future Land Use-Joint Planning Area Land Use Zoning Classification
Classification
Northern Parcel Commercial A-I "General Agriculture"
Southern Parcel Low Dcnsity Rcsidential A-I "General Agriculture ..
(01 Less than 4 dwelling units/acre)
PROPOSED
Northern Parcel Commercial C-I "Neighborhood Shopping"
Southern Parcel Low Density Residential A-I "Gcncral Agriculturc ..
(0} Less than 4 dwelling units/acre)
The current future land use and zonino classifications of the surroundino properties:
DIRECTION: CURRENT JURISDICTION / CURRENT JURISDICTION / ZONING
FUTURE LAND USE
North Orange County / Low Dcnsity Orangc County / A-I "Agriculture"
Residential
East Orange County / Low Density Orangc County / A-I "Agriculture"
Residential
South Orange County / Low Dcnsity Orange County / A-I "Agriculture"
Residential
West City ofOcoee / Light Industrial City of Ocoee / I-I "Restricted
Manufacturing & Warehousing"
CONSISTENCY WITH STATE & LOCAL REGULATIONS:
Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants
municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create
an enclave. The western boundary of this property touches the City limits. The subject property is considered
contiguous to the City of Ocoee and, therefore, eligible for annexation.
Joint Plannino Area Aoreement: The subject property is located within the Ocoee-Orange County Joint Planning
Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. Orange County has
been notified of this petition in accordance with Subsection 13-A of the City of Ocoee-Orange County Joint
Planning Area Agreement.
Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that
states in part, "The City shall consider requests for voluntary annexation into the City when those lands are
logical extensions of the existing City limits, when services can be properly provided, and when proposed
uses are compatible with the City's Comprehensive Plan, the JPA Aqreement. and the City's Annexation
Policv...."
DISCUSSION:
Annexation Feasibilitv & Public Facilities Analvsis Report: Based upon the projected impacts of the
proposed use and size of the parcel, Staff determined that the urban services could be adequately
provided to the subject property. Should the property owners choose to develop the property in the future;
however, they will be required to make certain improvements in accordance with the Land Development
Code.
Summary: The proposed annexation is a logical extension of the City limits, urban services can be
provided, and the annexation meets state and local regulations. Upon annexation, the property will
assume a Commercial (Northern Parcel) and a Low Density Residential (Southern Parcel) Land Uses per
the JPA Agreement and the City of Ocoee Comprehensive Plan. The applicant is requesting an initial City
zoning classification of C-1 "Neighborhood Shopping" for the northern parcel which will allow for the
requested use of professional offices. There is no zoning action requested at this time for the southern
parcel.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
On January 28, 2009, the DRC met to determine if the proposed annexation and initial zoning was
consistent with the City's regulations and policies. There was some discussion on the timing of the
connection to the City water system and right-of-way dedication. It was determined that a 60-day
connection to the City water from the effective date of the annexation was adequate. Accordingly, the
Applicant agreed to this change to the Development Agreement. Based on the above analysis and
subsequent discussions, the DRC recommended approval of the 529 Ocoee-Apopka Road annexation and
initial zoning as presented.
PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed annexation and initial zoning on February
10, 2009. City Staff presented a brief overview of the project. City Staff and the Applicant answered several
questions regarding existing conditions, uses allowed in the proposed zoning and future land use of the
area. All of these inquiries were addressed adequately in the P&Z meeting. There was no one from the
public to speak regarding this annexation and initial zoning proposal.
After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend
approval of the Annexation of the +/-1.84 acre parcel of land known as 529 Ocoee-Apopka Road with an
Initial Zoning designation of "C-1" for the northern parcel.
STAFF RECOMMENDATION:
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve the Annexation and Initial Zoning Ordinances for 529 Ocoee-
Apopka Road.
Attachments:
Annexation Feasibility Analysis Report
Location Map
Surrounding Future Land Use Map
Surrounding Zoning Map
Aerial Map
Annexation Ordinance
Rezoning Ordinance
Financial Impact:
None.
Tvpe of Item: (please mark with an "x'J
X Public Hearing
Ordinance First Reading
X Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's DefJt Use:
Consent Agenda
_ Public Hearing
_ Regular Agenda
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 ( )
N/A
X N/A
N/A
j'
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER: AX-07 -08-13
ApPLICANT NAME: LMG CONSTRUCTION
PROJECT NAME: 529 OCOEE-ApoPKA ROAD
This form is used to evaluate annexation requests to determine the feasibility of providing urban
services to individual properties. Each department has filled in the appropriate section and the findings
are summarized below.
II. PLANNING DEPARTMENT
J. Antonio Fabre, AICP I
SCI Funeral Services of Florida Inc.
B. Property Location
1. General Location: On the east side of Ocoee-Apopka Road
aooroximately 1,800 feet north of Palm Drive.
2. Parcel Identification Number(s): 18-22-28-0000-00-083 & 18-22-28-0000-00-007
3. Street Address: 529 Ocoee-Apopka Road
4. Size of Parcel: 1.84 acres
c.
Funeral Home and Vacant Land
Professional Offices
Not to exceed FAR 3.0
Unknown
D. Zoning and Land Use
1. Orange County Future Land Use:
2.
3.
18-22-28-0000-00-.083 Commercial and
18-22-28-0000-00-007 Low Densit Residential
A-1
18-22-28-0000-00-083 Commercial and
18-22-28-0000-00-007 Low Densit Residential
C-1
4. Pro osed Ocoee Zonin
E. Consistenc
1. Joint Plannin Area
2. Comprehensive Plan:
Yes
18-22-28-0000-00-083 Yes and
18-22-28-0000-00-007 No; this parcel will require a
small-scale com . Ian amendment
II.
Chief Richard Firstner
2-4 minutes
1.8 miles from *Station #1
750 g.p.m.
Page 1 of 3
T
r
Applicant Name: LMG CONSTRUCTION
Project Name: 529 Ocoee-Apopka Road
Case #: AX-07-08-13
1111. POLICE DEPARTMENT Chief Charles Brown
1. Police Patrol Zone / Grid / Area: Zone 1/Grid 118
2. Estimated Response Time: 2 minutes
3. Distance to ProDertv: 1.5 miles
4. Average Travel Time 4.5 minutes
I IV. ECONOMIC VALUE J. Antonio Fabre, AICP
1. Property Appraiser Taxable Value: 18-22-28-0000-00-007 = $40,538
18-22-28-0000-00-083 = $341,779
2. Property Appraiser Just Value 18-22-28-0000-00-007 = $40,538
18-22-28-0000-00-083 = $341,779
3. Estimated Citv Ad Valorem Taxes: Unknown at this time.
4. AnticiDated Licenses & Permits: Unknown at this time.
5. Potential Impact Fees: These will be assessed when building permits are
pulled.
6. Total Project Revenues: Unknown
BUILDING DEPARTMENT
1. Within the 100- ear Flood Plain:
J. Antonio Fabre, AICP
No.
I VI. UTILITIES David Wheeler, P.E.
I A. Potable Water
1. In Ocoee Service Area: Yes.
2. City Capable of Serving Area: Yes.
3. Extension Needed: Yes.
4. Location and Size of 12 inch Water Main in Ocoee-Apopka Road R.O.W.
Nearest Water Main:
I B. Sanitary Sewer
1. In Ocoee Service Area: Yes.
2. City Capable of Servino Area: Yes.
3. Extension Needed: Yes.
4. Location and Size of 12 inch F.M. at Ocoee-Apopka Road and Palm Drive.
Nearest Force Main:
5. Annexation Aoreement Needed: Yes.
I C. Other
1. Utility Easement Needed: N/A
2. Private Lift Station Needed: Yes.
3. Well Protection Area Needed: N/A
I VII. TRANSPORTATION J. Antonio Fabre, AICP
1. Paved Access: Yes.
2. ROW Dedication: Yes.
3. Traffic Study: No.
4. Traffic Analvsis Zone: 550
Page 2 of 3
J
Applicant Name: LMG CONSTRUCTION
Project Name: 529 Ocoee-Apopka Road
Case #: AX-07-08-13
VIII. PRELIMINARY CONCURRENCY EVALUATION J. Antonio Fabre, AICP
At this time, adequate transportation capacity exists; however, this condition
A. Transportation: may change and will be subject to a concurrency evaluation during the site
Ian a roval rocess.
Adequate park capacity exists.
B. Parks / Recreation:
D. Stormwater:
At this time, adequate water and sewer capacity exists; however, this
condition may change and will be the subject to a concurrency evaluation
durin the site Ian a roval rocess.
The applicant will be required to handle the stormwater on-site, according to
the City Code and the regulations of the St. John's River Water Management
District.
At this time, adequate solid waste capacity exists; however, this condition may
change and will be the subject to a concurrency evaluation during the site
Ian a roval rocess.
Actual impact fees will be calculated during the site plan approval process.
C. Water I Sewer:
E. Solid Waste:
F. 1m act Fees:
I IX. SITE SPECIFIC ISSUES
All Departments I
The subject property consists of two (2) parcels fronting on Ocoee-Apopka Road. The northern
parcel is improved with an old (Collison Carey Hand) Funeral Home facility. The southern parcel
is vacant and undeveloped.
I X. CONSISTENCY WITH STATE REGULATIONS:
J. Antonio Fabre, AICP I
Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous,
compact, non-circuitous territory so long as it does not create an enclave. The western
boundary of this property touches the City limits. Therefore, the subject property is considered
contiguous to the City of Ocoee and eligible for annexation.
Page 3 of 3
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529 Ocoee-Apopka Road Annexation
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ORDINANCE NO.
(Annexation Ordinance For 529 Ocoee-Apopka Road)
TAX PARCEL ID #s 18-22-28-0000-00-007;
18-22-28-0000-00-083;
CASE NO. AX-07-08-13: 529 Ocoee-Apopka Road Annexation
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA,
CERT AIN REAL PROPERTY CONT AINING APPROXIMA TEL Y 1.84
ACRES LOCATED EAST OF AND ADJACENT TO OCOEE-APOPKA
ROAD AND APPROXIMATELY 1790 FEET NORTH OF SILVER STAR
ROAD; PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER, SCI FUNERAL SERVICES OF FLORIDA, INC.;
ANNEXING ADJACENT PUBLIC ROAD RIGHT-OF-WAY TO THE
CENTERLINE THEREOF; FINDING SAID ANNEXATION TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE
OCOEE CITY CODE, AND THE JOINT PLANNING AREA
AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING
OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY
CLERK; PROVIDING FOR SEVERABILITY; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner or owners of
certain real property located in unincorpo~ated Orange County, Florida, as hereinafter described,
have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to annex approximately 1.84 acres of property as more particularly described in
Exhibit "A" hereto, into the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has determined that said petition bears the
signatures of all owners of the real property proposed to be annexed into the corporate limits of
the City of Ocoee, Florida; and
WHEREAS, notice of the proposed annexation has been published pursuant to the
requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of Chapter
180 of the Code of Ordinances of the City ofOcoee (the "Ocoee City Code"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a
Joint Planning Area Agreement (the "JP A Agreement") which affects the annexation of the real
property hereinafter described; and
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
ORLA_1199942.2
-1-
Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with
the JP A Agreement, and to be in the best interest of the City of Ocoee and has recommended to
the Ocoee City Commission that it approve said annexation petition; and
WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044,
Florida Statutes, to annex said real property into its corporate limits upon petition of the owner of
said real property; and
WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the
boundary lines of the City of Ocoee, Florida, to include said real property.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The Ocoee City Commission has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and
171, Florida Statutes, and Section 7 of Article I of the Charter of the City of Ocoee, Florida.
SECTION 2. Petition. The Ocoee City Commission hereby finds that the petition to
annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee,
Florida, bears the signature of the duly authorized representative of the City of Ocoee, the sole
owner of the real property proposed to be annexed into the corporate limits of the City of Ocoee,
Florida.
SECTION 3. Annexation. The following described real property located in
unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of
Ocoee, Florida:
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION
A TT ACHED HERETO AND BY THIS REFERENCE MADE APART
HEREOF).
A map of said land herein described which clearly shows the annexed area is attached hereto as
EXHIBIT "B" and by this reference is made a part hereof.
SECTION 4. Annexation to Centerline of Road. The land annexed pursuant to this
Ordinance shall extend to the centerline of any public road right-of-way located adjacent to the
real property described on Exhibit" A" attached hereto, provided, however, that the annexation
of any such right-of-way shall not serve to transfer any construction, operation or maintenance
responsibilities with respect thereto, except to the extent such responsibilities are expressly
transferred to and accepted by the City pursuant to an interlocal agreement in accordance with
Section 335.0.415, Florida Statutes.
ORLA_1199942.2
-2-
SECTION 5. Consistency Findine:. The Ocoee City Commission hereby finds that the
annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and
the JP A Agreement and meets all of the requirements for annexation set forth in the Ocoee
Comprehensive Plan, the JP A Agreement, and the Ocoee City Code.
SECTION 6. Corporate Limits. The corporate territorial limits of the City of Ocoee,
Florida, are hereby redefined to include said land herein described and annexed.
SECTION 7. Official Maps. The City Clerk is hereby authorized and directed to
update and supplement official City maps of the City of Ocoee, Florida, to include said land
herein described and annexed.
SECTION 8. Liabilitv. The land herein described and future inhabitants of said land
herein described shall be liable for all debts and obligations and be subject to all species of
taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the
same privileges and benefits as other areas of the City of Ocoee, Florida.
SECTION 9. Conflictine: Ordinances. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 10. 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 11. Effective Date. This Ordinance shall take effect upon passage and
adoption. Thereafter, the City Clerk is hereby directed to file a certified copy of this Ordinance
with the Clerk of the Circuit Court and the Chief Administrative Officer of Orange County,
Florida and with the Florida Department of State within seven (7) days from the date of adoption.
PASSED AND ADOPTED this _ day of
,2009.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ORLA_1199942.2
-3-
, ,
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
, 2009
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_1199942.2
ADVERTISED AND
READ FIRST TIME , 2009.
READ SECOND TIME AND ADOPTED
,2009 UNDER
AGENDA ITEM NO.
-4-
. .
EXHIBIT "A"
ILegal Description)
PARCEL ONE:
From the North V4 corner of Section 18, Township 22 South, Range 28 east, run South along the
V4 Section line 385.04 feet for a Point of Beginning, run thence S 8T 19' E 202.25 feet; thence S
2041' W 33.81 feet; thence S 8T19' E 41.22 feet; thence S 2041' W 157.09 feet; thence S 89035'
30" W 234.10 feet to the V4 Section line; thence North 203.73 feet to the Point of Beginning less
the West 30 feet for Road right of way (per O.R. 4794, Pg. 1773, of the public records of Orange
County Florida).
Together with
PARCEL TWO:
A portion of the Northwest V4 of the Northeast 1/4 of Section 18, Township 22 South, Range 28
East, Orange County, Florida. Being more particularly described as follows. Commence at the
Northwest corner of the Northeast V4 of said Section 18; thence run due South, along the West
line of the Northeast V4 of said Section 18 for 588.80 feet; thence run N 89035'30" E for 28.65
feet to the Point of Beginning, on the East right-of-way line of State Road 437; thence run N
89035'30" E for 205.62 feet; thence run S 2041 '00" W for 202.78 feet to a point of intersection
with a line 180.00 feet North of and parallel with the South line of the North 3/4 of the
Northwest V4 of the Northeast V4 of said Section 18; thence run N 89059'49" W along said line
196.33 feet to the East right-of-way line of State Road No. 437; thence run N 0003'39" E for
201.08 feet to the Point of Beginning (per O.R. Book 4794, Page 1773 of the Public Records of
Orange County, Florida).
ORLA_1199942.2
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I .
. .
EXHIBIT" B"
529 Ocoee-Apopka Road An nexation
Location Map
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ORDINANCE NO.
(Rezoning Ordinance for 529 Ocoee-Apopka Road)
TAX PARCEL ID #s 18-22-28-0000-00-083;
CASE NO. RZ-08-07-05: 529 OCOEE-APOPKA ROAD
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I,
"GENERAL AGRICULTURE" TO OCOEE C-l, "NEIGHBORHOOD
SHOPPING" ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 0.91 ACRES LOCATED EAST OF AND ADJACENT
TO OCOEE-APOPKA ROAD AND APPROXIMA TEL Y 1790 FEET
NORTH OF SILVER STAR ROAD; PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING
TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN,
THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA
AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION
OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the owner or owners (the "Applicant") of certain real property located
within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted
an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to rezone said real property (the "Rezoning"); and
WHEREAS, the Applicant seeks to rezone certain real property containing
approximately 0.91 acres, more particularly described in Exhibit "A" attached hereto and by this
reference made a part hereof, from Orange County A-I, "General Agricultural" to Ocoee C-l,
"Neighborhood Shopping;" and
..
WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the
City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said
Rezoning application and determined that the Rezoning requested by the Applicant is consistent
with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted
September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, the Rezoning requested by the Applicant is consistent with the Joint
Planning Area Agreement entered into February 11, 1994 by and between Orange County and
the City of Ocoee, as amended (the "JP A Agreement"); and
WHEREAS, pursuant to the provisions of Section 6(B) of the JP A Agreement, the City
has the authority to establish zoning for the real property hereinafter described and to exercise
municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida
Statutes; and
ORLA_1199971.2
WHEREAS, said Rezoning application was scheduled for study and recommendation by
the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission"); and
WHEREAS, on , 2009, the Planning and Zoning Commission held a
public hearing and reviewed said Rezoning application for consistency with the Ocoee
Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent
with the Ocoee Comprehensive Plan, and is in the best interest of the City and recommended to
the Ocoee City Commission that the zoning classification of said real property be rezoned as
requested by the Applicant, and that the Ocoee City Commission finds that the Rezoning
requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on , 2009 the Ocoee City Commission held a de novo
advertised public hearing with respect to the proposed Rezoning of said real property and
determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapters 163 and 166, Florida Statutes.
SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City
Code, of the Property described in Exhibit "A" containing approximately 0.91 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A-I, "General Agricultural" to Ocoee C-l, "Neighborhood Shopping."
SECTION 3. MAP. A map of said land herein described, which clearly shows the
area of Rezoning, is attached hereto as Exhibit "B" and by this reference is made a part hereof.
SECTION 4. CONSISTENCY FINDING. The Ocoee City Commission hereby finds
that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code and the
JP A Agreement.
SECTION 5. ZONING MAP. The City Clerk is hereby authorized and directed to
revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted
by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised
Official Zoning Map in accordance with the provisions of Section 5-1 (G) of Article V of Chapter
180 of the Ocoee City Code.
SECTION 6. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
2
ORLA_1199971.2
SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon passage and adoption.
PASSED AND ADOPTED this _ day of
,2009.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY THIS
DAY OF ,2009
ADVERTISED , 2009
READ FIRST TIME , 2009.
READ SECOND TIME AND ADOPTED
,2009 UNDER
FOLEY & LARDNERLLP
AGENDA ITEM NO.
By:
City Attorney
3
ORLA_1199971.2
. .
EXHIBIT "A"
[Legal Description I
From the North Yt comer of Section 18, Township 22 South, Range 28 east, run South along the
Yt Section line 385.04 feet for a Point of Beginning, run thence S 8T 19' E 202.25 feet; thence S
2041' W 33.81 feet; thence S 8T19' E 41.22 feet; thence S 2041' W 157.09'feet; thence S 89035'
30" W 234.10 feet to the Yt Section line; thence North 203.73 feet to the Point of Beginning less
the West 30 feet for Road right of way (per O.R. 4794, Pg. 1773, of the public records of Orange
County Florida).
4
ORLA_1199971.2
. . I "
EXHIBIT "B"
529 Ocoee-Apopka Road
Location Map
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Copy of Legal Advertisement
Date Published
3/S/0Q
Orlando Sentinel
F4 Orlando Sentinel
Advertisement
Public Hearing
Notices
. CITY Fo
NonCE OF RING
52!1 oColl ROAD
. R
HZ
NonCE IS HEREBY GIVEN. pursu.
ant to Article V. Section 5-\
E(2) of the tand Develop.
ment Code. that on TUESDAY
MARCH 17. 2lI09 ot Jj5 P.M. or
as soon thereafter as gracti.
~rdN ;~WI ~~~~EacmB8c~~:
ING at the City of Ocoee
Commission Chambers. 150
North Lakeshare Drive.
Ocoee, Florida. to consider
rezoning property on one
parcel generally located on
the easl side 01 Ocoee.APOp.
ka Road approxlmalelY
1.800 feet norlh of Palm
Drive. The parcel identifi.
calion number is .18-22.28.
OQOO-OO.o83.
oRo
Interested parties may ap-
pear 01 the public hearing
and be heard with respect
to the proposed actions.
The complele case file may
be inspecled at Ihe Ocoee
Planning Deparlment local-
ed at 150 Norlh Lakeshore
Drive, Oeoee, Fler'ide be.
tween Ihe hours of 8:00 a.m.
fhnr~u~ ~ O~r Id:V;' e~g~ld~:,
gal holidays.
The City Commission may
continue the public hearings
to other dates and times, os
it deems neceSsary. Any in.
terested party shail be ad.
vised of Ihe dates, limes.
and places of any continuo-
tion of these or continued
public hearings. Any contino
uances shall be announced
during these hearings and
no further.notices r:egarding
these mailers will be pub.
Iished. .
You are advised Ihal any
person who desires to ap.
peal any d!:!cision mode at
Ihe public hearings will
need a record of Ihe pro.
ceedings and far this pur.
pose mov*'41eed to ensure
that a verbatim record of
the proceedings is made
which includes the teslima.
oy and evidence upon .which
the appeal is based. .
Persons with disabilllles
needing assistance 10 par.
ticipate in any of these pro-
m~igYiri~a~fll~~n.u'c~a~~~
in advance ,of the meeting
01 407-905-3105.
Beth Eikenberry I
City Clerk
OLS9436J5 3/5109
(Jq .-0 ')-(p
Copy of Legal Advertisement
Date Published
F'L
O.l Ctl,\d.O
,S'-ei"\ti r'lc..- \
T\J\ursclCUj . l\t\iu~dl 5/ '7-QO "1
CITY
NOTICE OF
FOR 529 OCO
AN
CASE NU AX-D7-111-13
".' ... ,
NOTICE IS HEREBY GIVEN,' pursuant to Subsection 1-10 and 5.9
f the Cltr of 'Ocaee Land'Development Code. ,that on
~~~~f~ar.t~~JJb~crN ~~~M~S?~Na~i~n~I~'iie~DfL?t
H EAR I NG at the City of OcoeeCommission Chambers,
150 North Lakeshore Drive. Ocoee, Florida. to cons,ider
the annexation of two parcels generallv located on the
,ast side of Ocoee-Apopka Road approximatelv 1.800 feet
1arth of Palm Drive. The parcel identification numbers'
Jre 18-22-28-?0oo-oo-o83 and 18.22.28-0000-0O-007.
IRDINANCE ND:~OO4 "" f' ;.
\N
529 OcOee-Apopka Road "';"exallon
,Location Map' .
If the appllca'~t's reQuest is ;ppt,ved, .1ht~nnexatlon
would incorporate the property Into .the City of Ocoee.
pursuant to Subsection 5-9 A. of :the Land Development
Code. the. property is contiguous to property alreadY with-
in the current City Limits. The properties to be annexed
are within the Ocoee.Orange County Joint Planning Area
(JPA). and will not require an amendment to the JPA
Agreement. " -"
The complete case file; Including a complete legal de-
scription by metes and bounds. may be inspected at the
~~~efo?ar~dl~f~~n~o~rhvL~e:e~~~~rifrl;~~/~b~i;n~ 1.Pr\~~
between the hours.of 8,00 a.m. and 5:00 p.m., Monday
through Friday. except legal holidays.
Th~ Citv Commission may' continue the ;UbIlC hearings to
ather, dates and 'times. as II deems necessary. Anv Inter-
ested party shall be advised of the dates. times. and plac.
f~g~fs~g~ ~nd~~~~t~~~do~J~I~~e t~~ ~~~~ii~~egn~u~~i~u~~~;
notices regarding these matters will be ,published.. You
are advised that anv person who desires to'appeal any de-
cision made alethe public' hearings will need,a.record of
the proceedings andlar this purpcise may need to ensure
that a verbatim record of the proceedings 'is made,which
includes the testimony and evidence upon which the ap-
peal is based. Persons 'With dlsobllilies needing assistance
t6 participate In any of these proceedings should contact"
the City Clerk's Office 48 hours ill advance of the meeting
at 407-905-3105. r .' ,.' ,
Beth"Eikenberry,
City Clerk
March 5 & 12. 2009
JL~943668-MAR.5.12
--=c ~ .:#~ \2_~
TillS INSTRUMENT PREPARED BY:
Dorothy E. Watson, Esq.
FOLEY & LARDNER LLP
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
AFTER RECORDING RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee, Florida 34761
For Recording Purposes Only
ANNEXATION AGREEMENT
(529 Ocoee-Apopka Road)
THIS ANNEXATION AGREEMENT (this "Agreement") is made this _ day of
, 2009, by and between the CITY OF OCOEE, a Florida municipal
corporation (hereinafter referred to as the "City"), whose mailing address is 150 North
Lakeshore Drive, Ocoee, Florida 34761, and SCI FUNERAL SERVICES OF FLORIDA,
INC., a Florida corporation (hereinafter collectively referred to as the "Owner"), whose mailing
address is 1929 Allen Parkway, 9th Floor, Tax Department, Houston, Texas 77019.
RECITALS
WHEREAS, the Owner owns fee simple title to certain property located in Orange
County, Florida, said property being more particularly described in Exhibit "A" attached
hereto and by this reference made a part hereof (the "Property"); and
WHEREAS, pursuant to Section 171.044, Florida Statutes, the Owner has petitioned
the City Commission of the City (the "Ocoee City Commission") to voluntarily annex the
Property into the corporate limits of the City (the "Petition"); and
WHEREAS, the Planning and Zoning Commission has held a public hearing to review
the Petition and at such hearing found the annexation of the Property to be consistent with the
Ocoee Comprehensive Plan and Joint Planning Area Agreement between the City and Orange
County (the "JPA Agreement"), and has recommended that the Ocoee City Commission annex
the Property into the corporate limits of the City; and
WHEREAS, the City has required that the Owner execute this Agreement as a
condition precedent to the consideration of the Petition by the Ocoee City Commission; and
WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and
found the proposed annexation to be consistent with the Ocoee Comprehensive Plan and the
JP A Agreement and to represent a minimal fiscal and level of service impact on the City; and
ORLA_1126396.6
WHEREAS, the City has determined that the execution of this Agreement is essential
to the public health, safety and welfare and the ability of the City to plan for proper traffic
circulation in the vicinity of the Property in accordance with the Ocoee Comprehensive Plan;
and
WHEREAS, the City has determined that, subject to the terms, conditions and
limitations hereinafter set forth, it is feasible to extend municipal services to the Property on
the same terms and conditions afforded to all property owners within the City except to the
extent set forth in this Agreement; and
WHEREAS, the City has conducted an Annexation Feasibility & Public Facilities
Analysis with respect to the annexation of the Property and determined that this Agreement and
the annexation of the Property is consistent with the goals, objectives and policies of the Ocoee
Comprehensive Plan.
NOW, THEREFORE, in consideration of the mutual premises hereof, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
SECTION 1. RECITALS. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. ANNEXATION OF THE PROPERTY. Prior to the execution of
this Agreement by the City, the Ocoee City Commission has adopted Ordinance No.
for Case No. AX -07 -08-13, thereby redefining the corporate territorial limits of the City to
include the Property.
SECTION 3.
CONVEYANCE OF RIGHT -OF -WAY.
A. Within sixty (60) days following receipt of written notice from the City
requesting the same, but in no event later than the time of platting of any portion of the Property,
the Owner shall dedicate and convey to the City that portion of the Property adjacent to Ocoee-
Apopka Road more particularly described in Exhibit "B" attached hereto (the "Right-of-Way
Land").
B. Prior to the conveyance of the Right-of-Way Land to the City, the Owner
shall be solely responsible for the Right-of-Way Land, including but not limited to the
maintenance thereof and the payment of all applicable taxes.
C. The Right-of-Way Land shall be dedicated and conveyed by the Owner to
the City by warranty deed free and clear of all liens and encumbrances except for those matters
acceptable to the City. The form of the warranty deed shall be subject to the approval of the
City. The Owner shall, contemporaneously with the dedication and conveyance of the Right-of-
Way Land to the City, provide to the City, a current attorney's opinion of title, or a current title
commitment, to be followed by a policy of title insurance, evidencing that fee simple title to the
Right-of-Way Land is free and clear of all liens and encumbrances except for those matters
2
ORLA_1126396.6
acceptable to the City. The costs and expenses related to the conveyance and dedication of the
Right-of-Way Land, including the cost of title work, shall be borne solely by the Owner. Real
property taxes on the Right-of-Way Land shall be prorated as of the day before the City's
acceptance of the dedication and conveyance of the same, and the prorated amount of such real
property taxes attributable to the Owner shall be paid and escrowed by the Owner in accordance
with the provisions of Section 196.295, Florida Statutes; provided, however, that if the
conveyance occurs between November 1 and December 31, then the Owner shall be responsible
for the real property taxes for the entire year.
D. Neither the Owner, its successors and assigns, nor any other person or
entity shall be entitled to any road impact fee credits or other compensation of any kind for, on
account of, or with respect to the required dedication and conveyance of the Right-of-Way Land
to the City.
SECTION 4. CITY WATER AND SEWER SYSTEMS. Within thirty (30) days
from the Effective Date hereof, the Owner hereby agrees, at the Owner's sole cost and
expense, to connect all improvements on the Property to the City's water system. The Owner
further agrees to comply with all City requirements for connection to the City's water system,
including but not limited to the payment of all charges applicable to consumers within the
corporate limits of the City with respect to water service for the Property. If City sewer
service becomes available to the Property, the Owner agrees to connect the Property to the
City's sewer system in accordance with all applicable City requirements.
SECTION 5. CLOSING OF NORTHERN ACCESS POINT. As of the date
hereof, the Property currently has two (2) access points along Ocoee-Apopka Road. In
conjunction with any development of the Property, or any portion thereof, the Owner shall, at its
sole cost and expense, remove the northern most access driveway to the Property and close such
access point along Ocoee-Apopka Road. Contemporaneously therewith, the Owner shall, at the
Owner's sole cost and expense, convert the southern most access point into a joint access point
that will serve the entire Property. The Owner shall design, engineer and permit the foregoing as
part of the first subdivision or site plan, as applicable, submitted for the Property, which shall be
subject to the review and approval by the City in accordance with the City's standard policies and
procedures.
SECTION 6. NOTICE: PROPER FORM. Any notices required or allowed to be
delivered shall be in writing and be deemed to be delivered (whether or not actually received)
(i) when hand delivered to the official hereinafter designated, (ii) upon receipt of such notice
when deposited in the United States mail, postage prepaid, certified mail, return receipt
requested, or (iii) the next business day after being sent by nationally recognized overnight
delivery service for next business day delivery, all addressed to the party at the address set
forth opposite the party's name below, or at such other address as the party shall have
specified by written notice to the other party delivered in accordance herewith.
Owner: SCI Funeral Services of Florida, Inc.
1929 Allen Parkway, 9th Floor, Tax Department
3
ORLA_1126396.6
Houston, Texas 77019
CITY: City of Ocoee
Attn: City Manager
150 North Lakeshore Drive
Ocoee, Florida 34761
SECTION 7. NOTICES; DEFAULT. Each of the parties hereto shall give the
other party written notice of any default hereunder and shall allow the defaulting party thirty
(30) days from the date of its receipt of such notice within which to cure any such defaults or
to commence and thereafter diligently pursue to completion good faith efforts to effect such
cure and to thereafter notify the other parties of the actual cure of any such defaults. This
Agreement is enforceable at law or in equity by the non-defaulting party, including, but not
limited to the right of specific performance.
SECTION 8. BINDING AGREEMENT ON SUCCESSORS. This Agreement
shall be binding upon and shall inure to the benefit of the Owner, the City, and their respective
successors and assigns and shall run with the land.
SECTION 9. RECORDATION. The parties hereto agree that this Agreement
shall be recorded in the Public Records of Orange County, Florida, at the expense of the
Owner.
SECTION 10. APPLICABLE LAW. This Agreement and the provisions contained
herein shall be construed, controlled, and interpreted according to the laws of the State of
Florida.
SECTION 11. SEVERABILITY. If any part of this Agreement is found invalid or
unenforceable by any court, such invalidity or unenforceability shall not affect the other part of
this Agreement if the rights and obligations of the parties contained therein are not materially
prejudiced and if the intentions of the parties can continue to be effected.
SECTION 12. SPECIFIC PERFORMANCE. Both the City and the Owner shall
have the right to enforce the terms and conditions of this Agreement by an action for specific
performance.
SECTION 13. RECOVERY OF ATTORNEYS' COSTS AND FEES. In
connection with any litigation between the City and the Owner, including appellate proceedings
arising out of this Agreement or the violation of any law, rule, regulation, ordinance,
resolution, or permit, the prevailing party shall be entitled to recover from the other party
reasonable attorneys' fees, paralegal fees, and costs hereunder, whether incurred prior to,
during or subsequent to such court proceedings, on appeal or during any bankruptcy
proceedings.
SECTION 14. ENTIRE AGREEMENT. This instrument and its exhibits
constitute the entire Agreement between the parties and supersedes all previous discussions,
4
ORLA_1126396.6
understandings, and agreements between the parties relating to the subject matter of this
Agreement. Amendments to and waivers of the provisions herein shall be made by the parties
in writing by formal amendment which shall be recorded in the Public Records of Orange
County, Florida at the Owner's expense.
SECTION 15. COUNTERPARTS. This Agreement and any amendments hereto
may be executed in any number of counterparts, each of which shall be deemed an original
instrument, but all such counterparts together shall constitute one and the same instrument.
SECTION 16. EFFECTIVE DATE. This Agreement shall first be executed by the
Owner and submitted to the City for approval by the Ocoee City Commission. Upon approval
by the Ocoee City Commission, this Agreement shall be executed by the City. The Effective
Date of this Agreement shall be the date of execution by the City.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
5
ORLA_1126396.6
I_~~____ _n_
I
IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be
executed by their duly authorized officers as of the day and year first above written.
Signed, sealed and delivered in the
presence of:
OWNER:
SCI FUNERAL SERVICES OF FLORIDA,
INC., a Florida corporation
By:
Print Name
Name:
Its:
Print Name
(SEAL)
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
~ ~ ~
FUNERAL SERVICES OF FLORIDA, INC., a Florida corporation, who [~ is personally
known to me or ~ produced as identification, and that
s/he acknowledged executing the same in the presence of two subscribing witnesses, freely and
voluntarily, for the uses and purposes therein expressed on behalf of the company.
WITNESS my hand and official seal in the County and State last aforesaid this _
day of , 2008.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
6
ORLA_1126396.6
Signed, sealed and delivered in the
presence of:
CITY:
CITY OF OCOEE, FLORIDA
By:
Print Name:
S. Scott Vandergrift, Mayor
Attest:
Beth Eikenberry, City Clerk
Print Name:
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
Approved as to form and legality this
day of , 2008.
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 2008 UNDER AGENDA
ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared S. SCOTT
VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and
City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally
acknowledged executing the same in the presence of two subscribing witnesses, freely and
voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this _
day of , 2008.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if nOllegible on seal):
7
ORLA_1126396.6
EXHIBIT "A"
(The "Property")
PARCEL ONE:
From the North ~ corner of Section 18, Township 22 South, Range 28 east, run South along
the ~ Section line 385.04 feet for a Point of Beginning, run thence S 8T19' E 202.25 feet;
thence S 2"41' W 33.81 feet; thence S 8T19' E 41.22 feet; thence S 2041' W 157.09 feet;
thence S 89035' 30" W 234.10 feet to the ~ Section line; thence North 203.73 feet to the Point
of Beginning less the West 30 feet for Road right of way (per O.R. 4794, Pg. 1773, of the
public records of Orange County Florida).
Together with
PARCEL TWO:
A portion of the Northwest ~ of the Northeast ~ of Section 18, Township 22 South, Range 28
East, Orange County, Florida. Being more particularly described as follows. Commence at the
Northwest corner of the Northeast ~ of said Section 18; thence run due South, along the West
line of the Northeast ~ of said Section 18 for 588.80 feet; thence run N 89035'30" E for 28.65
feet to the Point of Beginning, on the East right-of-way line of State Road 437; thence run N
89035'30" E for 205.62 feet; thence run S 2041'00" W for 202.78 feet to a point of intersection
with a line 180.00 feet North of and parallel with the South line of the North 3/4 of the
Northwest ~ of the Northeast ',4 of said Section 18; thence run N 89059'49" W along said line
196.33 feet to the East right-of-way line of State Road No. 437; thence run N 0003'39" E for
201.08 feet to the Point of Beginning (per O.R. Book 4794, Page 1773 of the Public Records
of Orange County, Florida).
ORLA_1126396.6
EXHIBIT "B"
A parcel of land located in the NE ~ of Section 18, Township 22 South, Range 28 East,
Orange County, Florida, more particularly described as follows:
Commence at the North ~ corner of said Section 18. Thence S 00-000000 W. Along the West
Line of the NE ~ of said Section 18, for a distance of 385.06 feet; thence leaving said West
Line, S 8,. 190000 E, a distance of 30.03 feet to a point on the Easterly Right-Of-Way Line of
Ocoee-Apopka Road (also known as State Road 437) as described in Official Records 4794,
Page 1773, of the Public Records of Orange County, Florida, and the Point of Beginning;
Thence, leaving said Easterly Right-Of-Way Line, S 890190000 E, a distance of 10.96 feet;
thence S 000300390 E, a distance of 201.54 feet; thence S 890350300 W, a distance of 12.74
feet to a point on said Easterly Right-Of-Way Line; thence along said Easterly Right-Of-Way
Line. N 000000000 E, a distance of 202.14 feet to the Point of Beginning.
Together with a parcel of land located in the NE ~ of Section 18, Township 22 South, Range
28 East, Orange County, Florida, more particularly described as follows:
Commence at the North ~ corner of said Section 18, thence S 000000000 W, along the West
Line of the NE ~ of said Section 18, for a distance of 588.80 feet; thence leaving said West
Line, N 890350300 E, a distance of 28.65 feet to a point on the Easterly Right-Of-Way Line of
Ocoee-Apopka Road (also known as State Road 437) as described in Official Records 4794,
Page 1773 of the Public Records of Orange County, Florida and the point of beginning.
Thence, leaving said Easterly Right-Of-Way Line, N 890350300 E, a distance of 14.09 feet;
thence S 000300390 E, a distance of 201.19 feet; thence N 890590490 W, a distance of 16.10
feet to a point on said Easterly Right-Of-Way Line; thence along said Easterly Right-Of-Way
Line, N 000030390 E, a distance of 201.08 feet to the Point of Beginning.
ORLA_1126396.6
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