HomeMy WebLinkAboutItem #09 Second Reading of Ordinance - West Property cen ter of Good z � `
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AGENDA ITEM COVER SHEET
Meeting Date: April 19, 2011
Item #
Reviewed By:
Contact Name: Michael Rumer Department Director: �; � 4 �,,�
Contact Number: 407 - 905 -3100 ext.1018 City , / i de
Subject: West Property
Rezoning From R -1 to 1 -1
Project # RZ- 11 -02 -15
Commission District # 3 — Rusty Johnson
Background Summary:
A small -scale Comprehensive Plan Amendment from Low Density Residential (LDR) to Light Industrial was
approved by the City Commission on October 5, 2010, and forwarded to the State Department of Community
Affairs (DCA). DCA provided a letter on November 2, 2010, accepting the amendment without review. The
proposed rezoning designation of 1 -1 is consistent with the Light Industrial land use designation.
A pre- annexation agreement is in effect for the subject property which provides a list of prohibited uses and
sets requirements for architectural details. Since provisions of the Pre - Annexation Agreement are not
expressly applicable to the West Parcel Property in the event it is not rezoned to Ocoee PUD and since the
owner and the City wish to have these conditions apply regardless of the zoning designation, a Development
Agreement and Declaration of Restrictions is added as a supplement to the Pre - Annexation Agreement. All
terms and conditions of the Pre - Annexation Agreement shall continue to remain in full force and effect
The applicant is requesting a rezoning from R -1 (Single - Family Dwelling) to 1 -1 (Light Industrial) of the 8.89 ±
acres, which is consistent with land future land use designation of Light Industrial
General Location: The property is generally located on the north side of Palm Drive approximately 650 feet
east of East Crown Point Road and adjacent to SR 429.
Parcel Identification Number(s): 07- 22 -28- 0000 -00 -095.
Property Size: 8.89 ± acres
Actual land use and unique features of the subject property: The property is currently vacant and undeveloped.
The current future land use and zoning classifications of the surrounding properties:
DIRECTION: JURISDICTION / FUTURE LAND EXISTING LAND USE /
USE ZONING
North Orange County / Industrial Vacant
East City of Ocoee / Low Density SR 429
Residential
South City of Ocoee / Commercial Vacant / Agriculture "A -2"
West City of Ocoee / High Density Residential / Vacant
Residential
Orange County / Industrial
Issue:
Should the Honorable Mayor and City Commission approve a rezoning from R -1 (Single - Family Dwelling) to 1 -1
(Light Industrial), for 8.895 ± acres of land known as the West Property.
Development Review Recommendation:
On February 28, 2011, the DRC met to determine if the proposed rezoning was consistent with the City's
regulations and policies. The DRC voted unanimously to recommended approval of the rezoning from R -1
(Single - Family) to 1 -1 (Light Industrial).
Planning and Zoning Recommendation:
The proposed rezoning of the West property was reviewed at a Public Hearing by the Planning and Zoning
Commission on March 8, 2011. The Planning & Zoning Commission voted unanimously to recommend
approval of the Rezoning of the +1- 8.89 acre parcel of land known as the West Property.
Staff Recommendation:
Staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to rezone 8.89 ± acres
of land known as the West property, from R -1 (Single - Family Dwelling District) to 1 -1 (Light Industrial) and
approve the Development Agreement and Declaration of Restrictions as provided, said approvals being
contingent upon the delivery to the city of copy the agreement and related joinder and consent executed by the
owners and the owners' mortgage- holder within ninety (90) days of the date of this hearing.
Attachments:
Location Map
Surrounding Future Land Use Map
Surrounding Zoning Map
Aerial
Rezoning Ordinance
Development Agreement and Declaration of Restriction
Financial Impact:
None.
Type of Item: (please mark with an "x")
X Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
X Ordinance Second Reading Public Hearing
Resolution Regular Agenda
2
Resolution Regular Agenda
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
3
Location Map
West Rezoning from R -1 to 1 -1
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ORDINANCE NO.
(Rezoning Ordinance for West Property)
TAX PARCEL ID #s 07- 22 -28- 0000 -00 -095;
CASE NO. RZ- 11- 02 -15: WEST PROPERTY
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM OCOEE R -1, "SINGLE-
FAMILY RESIDENTIAL" TO OCOEE I -1, "LIGHT MANUFACTURING
AND WAREHOUSING" ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 8.896 ACRES LOCATED NORTH OF
AND ADJACENT TO PALM DRIVE AND WEST OF AND ADJACENT
TO STATE ROAD 429; 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 owners (the "Applicants ") of certain real property annexed into the
corporate limits of the City of Ocoee, Florida pursuant to Ordinance No. 2010 -032, 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 Applicants seek to rezone certain real property containing
approximately 8.896 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Ocoee R -1, "Single- Family Residential" to Ocoee I -1,
"Light Manufacturing and Warehousing;" 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 City Planner has reviewed said Rezoning
application and determined that the Rezoning requested by the Applicants 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 Applicants 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 "JPA Agreement "); and
WHEREAS, pursuant to the provisions of Section 6(B) of the JPA 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
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
ORLA_1712068.1
WHEREAS, on March 8, 2011, 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 Applicants 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
Applicants, and that the Ocoee City Commission find that the Rezoning requested by the
Applicants is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on , 2011 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 8.896 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee R -1,
"Single- Family Residential" to Ocoee I -1, "Light Manufacturing and Warehousing."
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
JPA 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.
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 become effective ten (10)
days after its passage and adoption.
2
ORLA_1712068.1
1
PASSED AND ADOPTED this day of , 2011.
I
1
I ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
I
a
1
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
E
FOR USE AND RELIANCE ONLY BY THE ADVERTISED , 2011
CITY OF OCOEE, FLORIDA; APPROVED READ FIRST TIME , 2011.
AS TO FORM AND LEGALITY THIS READ SECOND TIME AND ADOPTED
DAY OF , 2011 , 2011 UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
3
ORLA_1712068 1
EXHIBIT "A"
A PORTION OF THE NORTHWEST 1 /4 OF SECTION 18, TOWNSHIP 22 SOUTH, RANGE
28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF THE NORTHWEST 1 /4 OF SECTION 18,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA: THENCE RUN
N88 °46'36 "E ALONG THE NORTH LINE OF SAID NORTHWEST 1 /4 A DISTANCE OF
332.24 FEET TO THE WESTERLY LIMITED ACCESS RIGHT -OF -WAY LINE OF
WESTERN BELTWAY, STATE ROAD NO. 429 ORLANDO - ORANGE COUNTY
EXPRESSWAY AUTHORITY PROJECT NO. 75320- 6460 - 602/603; THENCE RUN THE
FOLLOWING THREE COURSES ALONG SAID WESTERLY LIMITED ACCESS RIGHT -
OF -WAY LINE: (1) S03 °36'24 "E A DISTANCE OF 914.83 FEET; (2) N88 °16'32 "E A
DISTANCE OF 38.60 FEET; (3) S00 °34'21 "W A DISTANCE OF 369.76 FEET TO A POINT
ON THE NORTH RIGHT -OF -WAY LINE OF PALM DRIVE; THENCE S88 °18'48 "W
ALONG SAID NORTH RIGHT -OF -WAY LINE DISTANCE OF 302.60 FEET TO THE
WEST LINE OF THE SOUTHWEST 1 /4 OF SECTION 18, THENCE N00 °18'50 "W ALONG
SAID WEST LINE A DISTANCE OF 1283.43 FEET TO THE POINT OF BEGINNING.
CONTAINING 387,495 SQUARE FEET OR 8.896 ACRES MORE OR LESS
4
ORLA_1712068.1
EXHIBIT "B"
Location Map
West Rezoning from R -1 to 1 -1
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ORLA_1712068.1
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
PREPARED BY:
Dorothy E. Watson, Esq.
FOLEY & LARDNER LLP
111 North Orange Avenue, Suite 1800 For Recording Purposes Only
Post Office Box 2193
Orlando, FL 32802 -2193
(407) 423-7656
RETURN TO
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 656 -2322
DEVELOPMENT AGREEMENT AND DECLARATION OF RESTRICTIONS
THIS DEVELOPMENT AGREEMENT AND DECLARATION OF
RESTRICTIONS (this "Agreement ") is made and entered into as of the day of
, 2011 between T. MILTON WEST and SCOTT WEST, whose mailing
address is P.O. Box 1028, Ocoee, Florida 34761 (collectively, "West ") and the CITY OF
OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive,
Ocoee, Florida 34761, Attention: City Manager (the "City ").
WITNESSETH:
WHEREAS, West owns fee simple title to certain property located in Orange County,
Florida, and within the corporate limits of the City of Ocoee, Florida, said property being more
particularly described in Exhibit "A" attached hereto and by this reference made a part hereof
(the "West Parcel A Property"); and
WHEREAS, in connection with the proposed annexation of certain adjacent real
property into the corporate limits of the City of Ocoee, BKI Crown Point Road Associates, LLC,
West Orange Commercial Properties, LLC, West and the City entered into that certain Pre -
Annexation Agreement dated May 5, 2009, as recorded in Official Records Book 9978, Page
947, and re- recorded on March 16, 2010 in Official Records Book 10015, Page 7579, all of the
Public Records of Orange County, Florida (the "Pre- Annexation Agreement "); and
WHEREAS, the Pre - Annexation Agreement addressed certain requirements in the event
the West Parcel A Property was rezoned to Ocoee PUD, "Planned Unit Development "; and
WHEREAS, the provisions of the Pre - Annexation Agreement are not expressly
applicable to the West Parcel A Property in the event it is not rezoned to Ocoee PUD; and
ORLA_1717674 1
WHEREAS, BKI Crown Point Road Associates, LLC, West Orange Commercial
Properties, LLC, and West have each decided to independently pursue a zoning classification
other than Ocoee PUD; and
WHEREAS, West has now petitioned the Ocoee City Commission to rezone the West
Parcel A Property from Ocoee R -1, "Single- Family" to Ocoee I -1, "Light Manufacturing and
Warehousing;" and
WHEREAS, I -1 zoning is consistent with the Ocoee Comprehensive Plan and the Joint
Planning Agreement between the City and Orange County; and
WHEREAS, West and the City mutually desire to have the restrictions set forth in the
Pre - Annexation Agreement apply to the West Parcel A Property in the same manner as if the
West Parcel A Property had been rezoned to Ocoee PUD; and
WHEREAS, contemporaneously herewith, the Ocoee City Commission has rezoned the
West Parcel A Property from Ocoee R -1, "Single- Family" to Ocoee I -1, "Light Manufacturing
and Warehousing;" and
WHEREAS, the City of Winter Garden, Florida ( "Winter Garden ") is a third party
beneficiary to the Pre - Annexation Agreement and the City and West desire that Winter Garden
also be a third party beneficiary to this Agreement.
NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, 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 incorporated herein
by this reference.
Section 2. Development Restrictions. West hereby declares that all of the West
Parcel A Property shall be held, sold and conveyed subject to the following restrictions which are
for the purpose of protecting the value and desirability of the West Parcel A Property and the
other lands which are subject to the Pre - Annexation Agreement, and which shall run with the
West Parcel A Property and be binding on all parties having any right, title or interest in the West
Parcel A Property or any part thereof, their heirs, successors and assigns, and shall inure to the
benefit of each owner thereof:
A. The West Parcel A Property will not developed and/or used with any of
the following uses: automobile sales (new and used); bars and lounges; boat sales and service;
liquor store; mobile home and travel trailer sales; monument sales; motor vehicle wholesale;
recreational vehicle retail sales and service; pawn shops; check cashing services; day labor; truck
stops; adult entertainment; bus terminals; automobile and motor vehicle parking lots unless
ancillary to a permitted use; and uncovered boat, recreational vehicle and/or automobile storage
facilities (the "Prohibited Uses "). The foregoing Prohibited Uses shall apply notwithstanding
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ORLA_1717674.1
whether they may be permitted uses or special exception uses in a City of Ocoee I -1 zoning
district.
B. The development of the West Parcel A Property and the construction of
buildings and structures on the West Parcel A Property shall be subject to the following
restrictions:
1. Any outside storage located on the West Parcel A Property will be
screened from public view and from public streets and will otherwise
comply with the requirements of the Ocoee Land Development Code
as it may from time to time be amended (the "Ocoee LDC ") with
respect thereto.
2. Bay doors and loading docks on the West Parcel A Property will not
face Palm Drive and will otherwise comply with the requirements of
the Ocoee LDC with respect thereto.
3. Architectural renderings will be submitted to the City in connection
with any applications for approval of any subdivision plans or site
plans for the West Parcel A Property and shall be subject to the review
and approval of the City. The approved architectural renderings shall
be incorporated as part of any approved final subdivision plan or final
site plan.
4. The design of all buildings and structures within the West Parcel A
Property will exhibit architectural control which seeks to be creative
and utilize building lines, shapes, and angles to create architectural
integrity to the extent reasonably practicable. The foregoing shall be
subject to approval of the City and shall be incorporated as part of any
approved final subdivision plan or final site plan.
5. All buildings and structures within the West Parcel A Property will
utilize accent materials for features such as cornices, sills, bases,
lintels, banding and decorative accent trims. Accent materials shall
consist of materials comparable in grade and quality to the primary
exterior materials. The foregoing shall be subject to approval of the
City and shall either be incorporated as part of any approved final
subdivision plan or final site plan, or as part of any approved building
plans.
Section 3. Compliance with Ocoee Land Development Code. Except as otherwise
expressly set forth in this Agreement, it is agreed that (1) West shall comply with the zoning and
subdivision regulations of the City as set forth in the Ocoee LDC; and (2) all preliminary
subdivision plans, final subdivision plans, and final site plans and other development orders and
permits for the West Parcel A Property or any portion thereof shall conform to the Ocoee LDC
requirements in effect at the time of approval of any such plans. In the event of any conflict
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ORLA_1717674.1
between the provisions of the Ocoee LDC, as it may from time to time be amended, and this
Agreement, it is agreed that the provisions of this Agreement shall control. Further, no waiver,
exception or variance to the Ocoee LDC that would in any way modify the provisions of this
Agreement shall be effective unless such waiver, exception or variance is approved by both the
City and Winter Garden.
Section 4. Pre- Annexation Agreement. This Agreement is supplemental to the Pre-
Annexation Agreement. All terms and conditions of the Pre - Annexation Agreement shall
continue to remain in full force and effect.
Section 5. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) (i) when hand delivered
to the other party, (ii) upon receipt 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 appearing on the first page of this Agreement, or such other person or address as the
party shall have specified by written notice to the other party delivered in accordance herewith.
A copy of any notices delivered under this Agreement shall also be provided to Winter Garden in
the manner set forth above and shall be directed to the attention of the Winter Garden City
Manager, 300 West Plant Street, Winter Garden, Florida 34787. Any notices hereunder which
may be given by Winter Garden to any party to this Agreement shall be given in the manner set
forth above.
Section 6. Covenant Running with the Land. This Agreement shall run with the
West Parcel A Property and inure to and be for the benefit and burden of the parties hereto and
their respective successors and assigns and any person, firm, corporation, or entity who may
become the successor in interest to the West Parcel A Property or any portion thereof.
Section 7. Recordation of Agreement. The parties hereto agree that an executed
original of this Agreement shall be recorded by the City, at West's expense, in the Public
Records of Orange County, Florida. The City will, from time to time upon request of West,
execute and deliver letters affirming the status of this Agreement.
Section 8. 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 9. Time of the Essence. Time is hereby declared of the essence to the lawful
performance of the duties and obligations contained in this Agreement.
Section 10. Third Party Beneficiary. The parties hereto agree that Winter Garden is
intended to and shall be a third party beneficiary to this Agreement and that this Agreement
directly benefits the City of Winter Garden. Winter Garden shall have the right to enforce any
and all of the obligations of the parties or either of them regarding any or all of the matters
provided for in this Agreement. Notwithstanding the foregoing, nothing contained herein shall
be construed to grant to Winter Garden any extraterritorial regulatory or zoning authority with
respect to the West Parcel A Property or to require the approval of Winter Garden with respect to
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ORLA_1717674.1
any development orders which may be issued by the City with respect to the West Parcel A
Property or any subsequent agreements, subdivision plans, site plans, development plans and/or
plats which may be approved by the City with respect to the West Parcel A Property.
Section 11. Amendment. Amendments to and waivers of the provisions of this
Agreement shall be made by the parties only in writing by formal amendment which amendment
shall not become effective unless and until it is agreed upon by the Winter Garden as evidenced
by a joinder and consent in recordable form to any such amendment.
Section 12. Specific Performance and Other Remedies. The City, West and Winter
Garden shall have the right to enforce the terms and conditions of this Agreement by an action
for declaratory relief, injunctive relief and /or specific performance. Neither the City, West or
Winter Garden shall be entitled to seek or recover damages based on a breach of this Agreement.
Section 13. Attorneys' Fees. In the event that either party or Winter Garden finds it
necessary to commence a lawsuit against a party or Winter Garden to enforce any provision of
this Agreement or because of a breach of any terms hereof, the prevailing party shall be entitled
to recover from the non - prevailing party that is a party to the lawsuit its reasonable attorneys'
fees, legal assistants' fees and costs incurred in connection therewith, at both trial and appellate
levels, including bankruptcy proceedings, without regard to whether any legal proceedings are
commenced or whether or not such action is prosecuted to judgment.
Section 14. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original but all of which together shall
constitute one and the same instrument.
Section 15. Captions. Captions of the Sections and Subsections of this Agreement are
for convenience and reference only, and the words contained therein shall in no way be held to
explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions
of this Agreement.
Section 16. Severability. If any sentence, phrase, paragraph, provision, or portion of
this Agreement 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 hereof.
Section 17. Effective Date. This Agreement shall become effective upon execution
by the City and West.
[Remainder of Page Intentionally Left Blank]
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ORLA_1717674.1
IN WITNESS WHEREOF, West and the City have caused this instrument to be
executed by their duly authorized officers as of the day and year first above written.
WEST:
Signed, sealed and delivered in the
presence of
Print Name T. MILTON WEST
Print Name
Print Name
SCOTT WEST
Print Name
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 T. MILTON WEST
and SCOTT WEST, who [ are both personally known to me or [ 1 both produced
as identification, and that they each acknowledged
executing the same in the presence of two subscribing witnesses, freely and voluntarily, for the
uses and purposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this
day of ,2011.
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_1717674.1
1
CITY:
Signed, sealed and delivered in the
presence of: 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 APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD
Approved as to form and legality this ON UNDER AGENDA ITEM
day of , 2011. 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 ,2011.
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):
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ORLA_1717674.1
EXHIBIT "A"
(The "West Parcel A Property ")
A PORTION OF THE SOUTHWEST 1/4 OF SECTION 7 AND THE NORTHWEST '/4 OF SECTION 18,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1 /4 OF SECTION 7, TOWNSHIP 22
SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA: THENCE RUN N00 °18'20 "W ALONG THE
WEST LINE OF SAID SOUTHWEST 1/4 A DISTANCE OF 2094.00 FEET; THENCE N88 °16'32 "E A
DISTANCE OF 275.37 FEET TO THE WESTERLY LIMITED ACCESS RIGHT -OF -WAY LINE OF
WESTERN BELTWAY, STATE ROAD NO. 429 ORLANDO - ORANGE COUNTY EXPRESSWAY
AUTHORITY PROJECT NO. 75320 - 6460- 602/603; THENCE RUN THE FOLLOWING 5 COURSES
ALONG SAID LIMITED ACCESS RIGHT -OF -WAY LINE: (1) S01 °43'28 "E A DISTANCE OF 2096.22
FEET; (2) N88 °46'36 "E A DISTANCE OF 5.00 FEET; 93) THENCE S03 °36'24 "W A DISTANCE OF
914.83 FEET; (4) THENCE N88 °16'32'E A DISTANCE OF 38.60 FEET; (5) S00 °34'21 "W A DISTANCE
OF 369.76 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF PALM DRIVE; THENCE
S88 °18'48 "W ALONG SAID NORTH RIGHT -OF -WAY LINE DISTANCE OF 302.60 FEET TO THE
WEST LINE OF THE SOUTHWEST %4 OF SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28EAST;
THENCE N00 °18'50 "W ALONG SAID WEST LINE A DISTANCE OF 1283.43 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1,018,680 SQUARE FEET OR 23.386 ACRES MORE OR LESS
A -1
ORLA_1717674.1
JOINDER AND CONSENT TO AGREEMENT
(WEST)
FIRST SOUTHERN BANK, a Florida banking corporation, and the FEDERAL
DEPOSIT INSURANCE CORPORATION, hereby certify that they are successors in interest
to First Commercial Bank of Florida and the holders of a mortgage, lien or other encumbrance
recorded in Official Records Book 8761, Page 1503, Public Records of Orange County, Florida,
upon the above described property. The undersigned for and in consideration of valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby join in
and consent to the execution of the foregoing Agreement (West) and agree that the lien of the
mortgage described herein above shall be subordinated to the aforedescribed Agreement.
IN WITNESS WHEREOF, the undersigned has caused these presents to be
executed this day of , 2011.
Signed, sealed and delivered
in the presence of: FIRST SOUTHERN BANK, a Florida
banking corporation, as successor in interest to
First Commercial Bank of Florida
Print Name: By:
Printed Name:
Title:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
,2011, by who is the
of FIRST SOUTHERN BANK, a Florida banking corporation. He /she
] is personally known to me, or [ ] has produced
as identification.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
ORLA 1718060.1
FEDERAL DEPOSIT INSURANCE
CORPORATION, a Florida banking
corporation, as successor in interest to First
Print Name: Commercial Bank of Florida
By:
Print Name: Printed Name:
Title:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this who is day of
, 2011, by
of the FEDERAL DEPOSIT INSURANCE CORPORATION. He /she
1 is personally known to me, or [ 1 has produced
as identification.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
2
ORLA_1718060.1
006.373515.1