HomeMy WebLinkAboutItem #07 Plat Approval fo West Road Commercial Subdivision \NeCenter of Good L
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AGENDA ITEM COVER SHEET
Meeting Date: June 5, 2012
Item # 1
Reviewed By:
Contact Name: David A. Wheeler, P.E. Department Director: ✓' . 4 7 /L -
Contact Number: 407 - 905 -3100, 3xt. 1505 City Manager:
Subject: Plat Approval of West Road Commercial Subdivision (District 1 - Commissioner Hood)
Background Summary:
West Road Commercial Subdivision is a three lot commercial development located at the southeast corner of
the intersection of Ocoee - Apopka and West Roads. The total project includes approximately 9.30 acres of
land. The development includes approximately 5.29 acres of developable land and 4.01 acres of conservation
area and wetlands. Lot 1 has been developed by Walgreens and lot 2 is planned for a McDonald's.
Issue:
Approval of the plat for the West Road Commercial Subdivision.
Recommendations
The Planning and Engineering Departments recommend the approval of the plat for West Road Commercial
Subdivision by the City Commission and to authorize the Mayor and City Clerk to sign the plat.
Attachments:
West Road Commercial Subdivision Plat
Financial Impact:
There is no financial impact for approval of the plat.
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
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
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WARRANTY DEED, SPECIAL
FROM CORPORATION
RETURN TO AND PREPARED BY:
NAME:
KAREN M. BROWN, ESQUIRE
ADDRESS:
SWANN & HADLEY, P.A.
1031 W. MORSE BLVD., SUITE 350
WINTER PARK, FL 32789
PROPERTY APPRAISER PARCEL
IDENTIFICATION (FOLIO NUMBER(S)
STATE OF FLORIDA
COUNTY OF ORANGE ./t
THIS SPECIAL WARRANTY DEED Made the �'�/ day of 144z/ , A.D. 2012, by
South Apopka Citrus Fruit Company a corporation existing under the Itws of Florida, and having
its principal place of business at P.O. Box 250, Ocoee, Florida 34761 -0250 hereinafter called
Grantor* to The West Road Commercial Subdivision Property Owner's Association, Inc., a Florida
not - for - profit corporation, whose post office address is: 3460 Big Eagle Drive, Ocoee, Florida
34761 hereinafter called Grantee *:
WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other
valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant,
bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land
situate in Orange County, Florida, to -wit:
Tracts A, B and C of West Road Commercial Subdivision according
to the Plat thereof, as recorded in Plat Book , Pages
through , Public Records of Orange County,
Florida
Together with all the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
To Have And To Hold, the same in fee simple forever.
And the Grantor hereby covenants with said Grantee that it is lawfully seized of said land in
fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby
fully warrants the title to said land and will defend the same against the lawful claims of all
persons claiming by, through or under the said Grantor; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2011, and restrictions and
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easements of record, if any, however, this reference does not operate to reimpose the same.
( *Wherever used herein, the term "Grantee /Grantor" shall include all the parties to this instrument
and the heirs, personal representatives, and assigns of individuals and the successors and /or
assigns of the corporations; the use of the singular number shall include the plural and the plural
the singular; the use of any gender shall include all genders.)
IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name,
and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the
day and year first above written.
Signed, sealed and delivered South Apopka Citrus Fruit Company,
in the presence of: a Florida corporation
— �?r zoi✓Sd C IOti By: i c A-
Print Name: SHARON B. ABNER Thomas M. West
O. (' Its: President
Print Name: KARFN M. BROWN
STATE OF FLORIDA )
) s.s.:
COUNTY OF ORANGE )
The foregoing instrument was subscribed and sworn to before me this day of
2012, by Thomas M. West as President of South Apopka Citrus Fruit Company, a
Florida orporation, on behalf of the corporation. He is personally known to me or has produced
a Florida driver's license (type of identification) as identification.
SHARON B. AMR Notary Public SHARON B. ABNER
* * MY COMMISSION # DD 960688
EXPIRES: May 8, 2014 Print or Type Name
" o e o' Bonded T1WU Budget Nolan" SeMcas
Serial Number:
My Commission Expires:
(NOTARY SEAL)
H: \ZUCKERMAN \ROCK VENTURES P-F HALVORSEN HOLDINGS - SOUTH APOPKA CITRUS FRUIT COMPANY \SPECIAL WARRANTY DEED FROM SOUTH APOPKA TO THE
ASSOCIATION.DOC
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ORANGE COUNTY COMPTROLLER — OFFICIAL RECORDS coots
Documentary Stamp Tax Explanation Form,
SUBMITTER INFORMATION
Last Name Z 1 t e f rv� a r� First G9 M.I. - Date s`
�V 2c/
Company /Firm Name R 0 `k J n �. ti r �S 1 L
Street Address Apartment/Unit #
I1\ r r. .:i Loc...., VI Prue ,.�.
City G,. . k. State � _ � ZIP 5- -q.5
Phone c--(o -' - L /7 _ 4 y 2_ E -mail Address Z vC 4c e r ,u e_ro c, r,,, r fir,
PROPERTY INFORMATION
Purchase Price /Consideration: $ Io •
Is there an existing mortgage on the property? YES ❑ NO Er
If YES, what is the mortgage balance? $
If NO, is this a gift? YES ❑ NO E3
Are you paying doc stamps? If YES, what is the consideration amount? $
YES ❑ NO git If NO, are you exempt under Florida Law or Florida Administrative
Code? YES ❑ NO ❑ P /ease explaln below.
If YES, please explain below.
Aropaying mining ($0.70) doc YES ❑ NO Q' If NO, are you exempt under Florida Law or Florida Administrative
stamps?
Code? YES ❑ NO 0 Please explain below.
If paying ail ($0.00) doc stamps, please expla /n below.
NOTE: FAILURE TO PAY REQUIRED TAXES MAY RESULT IN PENALTIES AND INTEREST.
(F.A.C. 12B- 4.005)
EXPLANATION
r A i S G C o ., CN 0-4,J2
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A I\ -4tM(. ' ) J C, o�c be: a- vtuc.e - fo
-1-V J �a r �, w Y, i 5 o-S S o C o.�t �1r1 .110 M at R e
Eff. 04/30/12
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RETURN RECORDED DOCUMENT TO:
Walgreen Co.
104 Wilmot Road, MS #1420
Deerfield, Illinois 60015
Attn: Ramina E. Kemnitz (Store 12884)
This Instrument Prepared by:
Ramina E. Kemnitz
104 Wilmot Road, MS #1420
Deerfield, Illinois 60015
FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT
WITH COVENANTS, CONDITIONS AND RESTRICTIONS
THIS FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT WITH
COVENANTS, CONDITIONS AND RESTRICTIONS (the "First Amendment ") is made and
entered into this day of , 2012, by and between South Apopka Citrus
Fruit Company, a Florida corporation whose address is P. O. Box 1028, Ocoee, Florida 34761
(the "Parcel A Owner" or "South Apopka "), and Walgreen Co., an Illinois Company (the "Parcel
B Owner" or "Walgreen "), whose address is 104 Wilmot Road, MS #1420, Deerfield, Illinois
60015.
RECITALS
A. South Apopka and Walgreen entered into that certain Reciprocal Easement Agreement
With Covenants, Conditions and Restrictions dated December 23, 2010, which was recorded
December 28, 2010 in Official Records Book 10151, Page 4889, in the Public Records of
Orange County, Florida (the "Reciprocal Easement ").
B. South Apopka and Walgreen desire to amend the Reciprocal Easement to amend the
definition of "Plat" and provide certain rights regarding the Surface Water or Stormwater
Management System to the City of Ocoee, a Florida municipal corporation (the "City "), which
rights are created in Section 13 added by this First Amendment.
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration exchanged between the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The recitals set forth above are true and correct and incorporated
herein by this reference.
2. Capitalized Terms. All capitalized terms shall have the same meanings as
defined in the Reciprocal Easement unless otherwise defined herein.
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3. Definition of Plat. The definition of "Plat" set forth in Paragraph 1 (m) is deleted
in its entirety and replaced with the following:
"(m) the term "Plat" means that certain Plat of West Road Commercial
subdivision as recorded in Plat Book , Page of the Public Records of Orange
County, Florida."
4. Section 13. Section 13 is hereby added to the Reciprocal Easement and shall
read as follows:
"13. City of Ocoee — Association and Surface Water or Stormwater
Management System.
13.1 Association.
(a) The Association shall at all times be in good standing with
the State of Florida.
(b) In the event of dissolution of the Association, the
responsibility for the operation and maintenance of the Surface Water or Stormwater
Management System shall be transferred to an entity that complies with Section 40C- 42.027,
F.A.C., and that is acceptable to both the City and the District. If dissolution occurs without such
approval then the City may continue to levy and collect assessments and impose liens as set
forth in Sub - Section 13.2(a) below, notwithstanding the dissolution of the Association.
13.2 Maintenance and Assessments.
(a) The City shall have the right, but not the obligation, to
operate and maintain the Surface Water or Stormwater Management System in accordance
with District permit number 40- 095 - 123947 -1, should the Association fail to do so after notice
from the City. To the extent that the City undertakes such action, the City shall be entitled to
reimbursement from the Association and shall be entitled to require the Association to levy
assessments for the purpose of paying such reimbursement. In the event the Association fails
to: (i) operate and maintain the Surface Water or Stormwater Management System; (ii) levy
assessments to pay the reimbursement to the City; and /or (iii) maintain assessments at a level
allowing adequate maintenance, then the City shall have the right to levy, collect and enforce
assessments and impose liens (all as provided herein) for such purposes.
(b) No property owned by the City or any other governmental
entity shall be subject to assessments levied by the Association.
13.3 Easements.
(a) An amendment to this Agreement, which alters, amends or
modifies any of the easements shown on the Plat must have the prior written approval of the
City.
(b) Notwithstanding any provision contained in this Agreement
to the contrary, Easement "C" as shown on the Plat shall be an utility easement for the exclusive
use of the City, except for those portions of Easement "C" that overlap with Easements "A" and
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"B" as shown on the Plat, which overlapping portions of Easement "C" shall be non - exclusive
utility easements dedicated to both Orange County and the City of Ocoee. Easement areas "A,"
"B," and "C" shall not be made available for use by other utility providers.
(c) The City, in its sole discretion, may assign its rights and
obligations to Easement "C," in whole or in part, on a non - exclusive basis, only to Orange
County, Florida.
13.4 Amendment. Any amendment to this Section 13 shall require the
written consent of the City in an instrument recorded with the amendment.
5. No Other Changes. Except as expressly modified herein, the Reciprocal
Easement shall be and remain unchanged and in full force and effect in accordance with its terms
as so amended.
6. Counterparts. This First Amendment may be executed in counterparts, each of
which shall be and be taken to be an original, and all collectively but one instrument.
IN WITNESS WHEREOF, the parties have executed this First Amendment as of the day
and year first above written.
South Apopka Citrus Fruit Company, Walgreen C . . Illing' corporation
a Florida Corpo ation !
By: — By:
Thomas M. West Print d Nam • 0L �kelara/
Its: President Its: D roal
[Parcel A Owner] [Parcel B Owner]
Witnesses: Witnesses:
r
Print Name: SHARON B. ABNER Print . e: ,,,c, , ono. Jcc �l
CUR.^. !fl. III/ 514
Print Name: Print Name:-\c'& -
KAREN M. BROWN
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STATE OF FLORIDA )
) ss:
COUNTY OF ORANGE )
The foregoing instrument was acknowledged before me this 9 414 day of May, 2012 by
Thomas M. West as Pr se ident of South Apopka Citrus Fruit Company, a Florida corporation.
He is,p4E to me or ha roduced a Florida driver's license (type of identification)
as identification.
e,,e7c
t, SHARON B. ABNER Printed Name: SHARON B. ABNER
B
*, * MY EXPIRES: MaCOMMISS10NIty Do96088e , 2014 Notary Public
Oi Fle Bonded Nu Budget Notary Services My Commission Expires:
(Seal)
STATE OF ILLINOIS )
) ss:
COUNTY OF LAKE )
re: • i instr -nt w ac no led a before me this elay of May, 2012 by
IL.' as t of Walgreen Co., an Illinois
corporation on behalf of the corporation. He is personally known to me educed a
(type of identification) as identification.
"OFFICIAL SEAL" 11 A l .11'1 l I /
LISETTE MORENO
NOTARY PUBLIC, STATE OF ILLINOIS Printed Name: WON
MY COMMISSION EXPIRES 8/28/2015 Notary Public
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My Commission Expires: l 2 3 t.
(Seal)
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JOINDER AND CONSENT
The undersigned, The West Road Commercial Subdivision Property Owner's
Association, Inc., a Florida non - profit corporation hereby consents and joins in the foregoing
instrument, and acknowledges the terms and conditions herein.
IN WITNESS WHEREOF, this Joinder and Consent is executed by the undersigned this
im day of May, 2012.
WITNESSES: THE WEST ROAD COMMERCIAL SUBDIVISION
PROPERTY OWNER'S ASSOCIATION, INC.,
a Florida non - profit corporation
eC =y //72el fe CS=C/ By: - lir /,l tea
Print Name: SHARON B. ABNER Thomas M. West
� ` Its: President
Print Name: KARFN M RROWN
STATE OF FLORIDA )
) S.S.:
COUNTY OF ORANGE )
The foregoing instrument was acknowledged before me this 9 day of May, 2012
by Thomas M. West as President of The West Road Commercial Subdivision Property Owner's
Association, Inc. a Florida non - profit corporation on behalf of said corporation. He is personally
known to me or has produced a Florida driver's license (type of identification) as identification.
.61:.:';';94E, Notary Public
ON B. SHARON B. ABNER
MY COMMISSION # DD 960688
EXPIRES: May 8, 2014
ITFOFCie O' Bonded Thm Budge( Notary Senices Print Name
My Commission Expires
Seal
H:\ZUCKERMAN \ROCK VENTURES P -F HALVORSEN HOLDINGS - SOUTH APOPKA CITRUS FRUIT COMPANY\FIRST AMENDMENT TO REA - FINAL
04162012 APPROVED BY THE CITY.DOC
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