Loading...
HomeMy WebLinkAboutOrdinance 2003-13 ORDINANCE NO. 2003-13 (Annexation Ordinance for Ocoee Commons PUD) IIIIIIIIID 11111111111111 II TAX PARCEL ID #s 17-22-28-6144-07-170 20-22-28-0000-00-025 20-22-28-0000-00-028 INSTR 200)0)49614 OR BK 06968 f'(; 1594 MARTHA O. HAYNIE. COMPTROLLER ORANGE COUI'ITY. FL 06/24/2003 11: 57: 33 AM REC FEE 105.00 CASE NO. AP-02-02-01 OCOEE COMMONS PUD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 67.65 ACRES LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF STATE ROAD 50 AND BLACKWOOD AVENUE, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; 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 owners of certain real property located in unincorporated Orange County, Florida, as hereinafter described, have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex said real property 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 .. /!') ~,1 ;(~~ .:~ 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 of Ocoee (the "Ocoee City Code"); and 'I " :', " -4~; :~ ..;:.;:;'0 WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement (the "JPA 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 006.285688. -1- INSTR 200~0)49614 OR BK 06968 PG 1595 Comprehensive 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 owners 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; and WHEREAS, the owners of the property to be annexed have requested that the annexation of the property not become effective until such time as a copy of a recorded deed is delivered to the City evidencing the conveyance of the property to the property's contract purchaser; and WHEREAS, the City has agreed to delay the effective date of this Ordinance as an accommodation to the owners and the contract purchaser. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. 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 1 of the Charter of the City of Ocoee, Florida. Section 2. 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 signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. Section 3. The following described real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT" A" (METES AND BOUNDS LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF). Section 4. A map of said land herein described which clearly shows the annexed area is attached hereto and EXHIBIT "B" and by this reference is made a part hereof. Section 5. 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 JPA Agreement, and the Ocoee City Code. 006.285688. -2- INSTR 200)0)49614 OR BK 06968 PG 1596 Section 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 7. The City Clerk is hereby authorized to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. Section 8. The land herein described and future inhabitants of said land herein described shall be 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. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. This Ordinance shall take effect upon the delivery to the City of a copy of a recorded deed evidencing the conveyance of the property to be annexed. Thereafter the City Clerk is hereby directed to attach a copy of said deed to this Ordinance and 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 effective date. In the event a deed of conveyance for the property to be annexed is not delivered to the City by ninety (90) days of the date this Ordinance is adopted, then this Ordinance shall be null and void and of no further force and effect. 006.285688. -3- INSTR 200)0)49614 OR BK 06968 PG 1597 PASSED AND ADOPTED this I! 1ay of ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY 01' OCOEE, FLORIDA APPROVED AS TO FORM AND LEGAL~l'Y THIS L DAY OF ~(1~ , 2003 FOLFtJ' LX~~ -If- J By: () <tuftS. (I~ City Attorney 006.285688. /w 11--1< c. 1<1 , ,2003. APPROVED: CITY OF OCOEE, FLORIDA " )2'"' ----'..... -0 I) 4 i ~ <:.~, ~7 ,=:vT Vtv,),,,, . . s. Scott Vandergrift, Mayor I ADVERTISED March 2 & March 9, 2003 READ FIRST TIME March 4, 2003. READ SECOND TIME AND ADOPTED IV,A(C}J Jt/.J.oo3 , UNDER AGENDA ITEM NO. 7f A ~ Q.... -4- INSTR 200)0)49614 OR BK 06968 PG 1598 EXHIBIT" A" COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST; RUN THENCE N.89028'55"W. A DISTANCE OF 995.69 FEET; RUN THENCE N.00023'1O''E. A DISTANCE OF 69.51 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF COLONIAL DRIVE (STATE ROAD 50), SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N.89023'37"W. ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 331.93 FEET TO THE SOUTHEAST CORNER OF LAKE BENNET CENTRE AS RECORDED IN PLAT BOOK 35, PAGES 126 AND 127, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE N.0002l'46''E. ALONG THE EAST LINE OF SAID LAKE BENNET CENTRE A DISTANCE OF 1281.33 FEET; THENCE N.88048'49"W. A DISTANCE OF 8.45 FEET TO THE CENTERLINE OF CALIFORNIA AVENUE; THENCE N.00038'39''E. ALONG SAID CENTERLINE A DISTANCE OF 1127.25 FEET; THENCE S.88011'34"E. A DISTANCE OF 30.01 FEET TO A POINT ON THE WEST LINE OF LOT 17, TOWN OF OCOEE, AS RECORDED IN PLAT BOOK A, PAGES 100 THROUGH 101, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; N.00038'39''E. ALONG SAID WEST LINE A DISTANCE OF 170.19 FEET TO THE SOUTH RIGHT OF WAY LINE OF GENEVA STREET; THENCE S.88021'09"E. ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 667.17 FEET; THENCE N.00033'04''E. A DISTANCE OF 30.01 FEET TO THE CENTERLINE OF GENEVA STREET; THENCE S.88021'09"E. ALONG SAID CENTERLINE A DISTANCE OF 637.11 FEET; THENCE S.00027'27''W. ALONG THE EAST LINE OF THE SOUTHEAST ~ OF SAID SECTION 20 A DISTANCE OF 1989.29 FEET; THENCE N.89009'40"W. A DISTANCE OF 996.55 FEET; THENCE S.00023'1O''W. A DISTANCE OF 599.29 FEET TO THE POINT OF BEGINNING. 006.285688. -5- o c 006.285688. INSTR 200~0)49614 OR BK 06968 PG 1599 EXHmIT "B" Ocoee Commons PUD Annexation and PUD Land Use Plan Case #AP-02-02-01 Location Map N <...r.....O:4~i~. W E ~ + 0.... C.mmun" Dovol.pmon' Dep,rtment ScOle: 1 nOh a 1000 Met o 2~O .500 750 1000 feet - - I Pridd: Febr'uary20lJ3 LEG END C Subject Proper1f _ City of Ocoee D Unincoporaled Territory and Other Municipalfties Lakes and Water Bodies -6- U (; i U..J I V -----.-- INSTR lOOlOl49614 OR BK 06968 Pt 1600 11111 II 11\ II III II IIlll 11\ II UI II 111111111111111 U I ~Il THIS DOCUMENT PREPARED BY AND SHOULD BE RETURNED TO: 1. P. Carolan, Ill, Esquire Winderweedle, Haines, Ward & Woodman, PA. Post Office Box 880 Winter Park, Florida 32790 INSTR 20030303952 OR BK 0&936 PG 2677 ~tARTHA O. HAYNIE, CO~WTROLLm ORANGE COUlITY, FL 06/03/2003 03: 10: 52 P~\ DEED DOC TAX 14,974.40 REC FEE is. 00 THIS INDENTURE, made effe tive the ~3rd day of June, 2003, between KAZAROS BROTHERS INVESTMENT CO., IN " a Florida corporation, whose address is 1320 W. Colonial Drive, Orlando, Florida 32804 "Granto "), to and in favor of OCOEE COMMONS, LLC., a Florida limited liability com any, whose address is 236 Pasadena Place, Orlando, Florida 32803 ("Grantee"): STATE OF FLORIDA - COlJNTY OF OTlANGE r cIERE.'BY CER'fllrY'lh;lt thi; i~ t\ ca-.., cf 4;~ th,~ doxz:::cr:t G l'~cordcd b t!.:- F.,.. ~. .';'.' ';..----......:~<.c \. r;'w'TJ [j' ., . ,'J c.".., 'V,/ \Q', C \ " . ~o. HA'n~IE, CGLr,',n cr' 'l"1110; r J:;" ,/ir' t(.\ . - . . :...J..~'\' I f'i r.: , ' '~) '" - I' \, ,\ ~r I') ~ :: By; ~' U ,'..1 :1 lLi } .' .._ ,D.C. ','to I;: " 1:" 1,'- ,I ~:di.~J.tr- ~-4d V ~ ...Ct;........ ."/ ~- ~~..." Parcel ill No. 20-22-28-0000-00028 17-22-28-6144-07170 03 JlJH 5 9:26 fiN WI NESSETH: That the Grantor, for and in co sideration of the sum of $10.00 and other valuable considerations to said Grantor in hand pai by said Grantee, the receipt and sufficiency of which is hereby acknowledged, have granted, barga ned, conveyed, and sold to the said Grantee, and Grantee's heirs and assigns forever, land, situate, ling and being in Orange County, Florida, being more particularly described as The East 990 feet (also described s the East fifteen acres) of the North half (N 1/2) of the Southeast Quarter ofthe So theast Quarter (SE 1/4 of SE 1/4) of Section 20, Township 22 South, Range 28 Ea t, Orange County, Florida together with: Lots Seventeen (17) through Twe ty-Four (24), Block 7, Map of Ocoee, according to the plat thereof, as recorded i Plat Book A, Pages 100 and 10 I, of the Public' Records of Orange County, Flori a. TOGETHER with all the tenem nts, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, th same in fee simple forever. AND the Grantor hereby coven ts with said Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good, right and lawful authority to sell and convey said land; that Grantor hereby warrants the title to said and and will defend the same against the lawful claims of -~ ~-~- INSTR lOO:HH49614 OR BK 06968 PG 1601 INSTR 20030303952 OR BK 06936 PG 2678 all persons claiming by, through, or under the said Grantor; and that said land is free of all encumbrances, except for those matters set forth on Exhibit "A" attached hereto and made a part hereof, but this reference shall not act to reimpose same, IN WITNESS WHEREOF, Grantor has hereunto set their hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: , ~,.--! /, . / -' 1 r." '" -, . / j / .L_.?<:__ 1./ "", .~' Ii ....., Print Name: E f!. Ie:- ~Prf- .,:5 KA~AROSBROTHERSINVESTMENT CO., INC., a Florida corporation By: ~A- eA)~ . Ralph C. Kazar s, PreSIdent {Yn{4lrntz- 1111 . (~ Print Name: CHRISTINA M. LEE ST ATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was sworn to, subscribed and acknowledged before me this ,~ day of June, 2003, by RALPH C. KAZAROS, as President of KAZAROS BROTHERS INVESTMENT CO., INC., a Florida corporation, on behalf of the corporation, Dwho is personally known to me or 1,xwho has produced FL. D Y'\ v'" ~ '.$ L, (t''''~ (' as identification. CJ~ ;fA. & Notary Public My Commission Expire~'CtlrIatlna M Lee \. ~; My Commissloo 00140422 Op pJf'"- Expires September 21. 200e R:\ USTLER \KaurosBros\ClosingDocumcms\SWD .Parcel, B. C. wpd 5/27/2003 (3: 19 pm) 2 INSTR 200l0l49614 OR BK 06968 PG 1602 INSTR 200~0303952 OR BK 06936 PG 2679 LA.S T PAGE EXHIBIT "A" PERMITTED EXCEPTIONS 1. Taxes for the year 2003, and thereafter. 2. Orange CountylPrima Vista Utility Company, Inc, Sewer Service Ten"itorial Agreement Contract No. S-87-8,recordedJune 10, 1987 inOfficial Records Book 3894, Page 1363; as modified by First Amendment recorded February 23, 1994 in Official Records Book 4702, Page 2589; as assigned by Assignment of Sewer Service Territorial Agreement dated December 30, 1987 between Prima Vista Utility Company, Inc. and the City of Ocoee, Florida, as reflected in those certain Disclaimers ofInterest in Litigation recorded on March 20, 1998 in Official Records Book 5438, Page 361, Official Records Book 5438, Page 366, Official Records Book 5438, Page 371 and Official Records Book 5438, Page 376; as modified by Second Amendment to Orange County/City ofOcoee Sewer Service Territorial Agreement and Terrrlination of the Orange County/City of Ocoee West Oaks Square, Inc. Wastewater Agreement for de minimis Capacity recorded on December 7, 1999 in Official Records Book 5896, Page 3531; as further modified by Third Amendment to Orange County/city of Ocoee Sewer Service Territorial Agreement recorded January 11, 2002 in Official Records Book 6432, Page 2130, all in the Public Records of Orange County, Florida. 3. Orange County/City of Ocoee Water Service Territorial Agreement Contract No. W -88-06 recorded November 23,1988 in Official Records Book 4034, Page 291, and also recorded on August 1, 1989 in Official Records Book 4102, Page 367; as modified by First Amendment recorded February 23, 1994 in Official Records Book 4702, Page 2576; as further modified by Second Amendment to Orange County/City of Ocoee Water Service Territorial Agreement recorded January 11,2002 in Official Records Book 6432, Page 2116, all in the Public Records of Orange County, Florida. 4. Drainage Easement in favor of Orange County, Florida as set forth in Final Judgment recorded November 19, 1980 in Official Records Book 3153, Page 2103, Public Records of Orange County, Florida (as to Parcel B). 5. Resolution No. 95-10 vacating portions of B.C. Terry Road right-of-way and reserving drainage and utility easements over the vacated portions of the right-of-way recorded on March 25,1996 in Official Records Book 5031, Page 2192, Public Records of Orange County, Florida (as to Parcel B). 6. Matters reflected on the Map of Ocoee, as recorded in Plat Book A, Pages 100 and 101, Public Records of Orange County, Florida (as to Parcel B). " INSTR 20010149614 OR BK 06968 PC 1603 I RII ~ 11\ II 1111111111111111111111111111111111111111I & Woodman, P A. Post Office Box 880 By; Winter Park, Florida 32790 DATE Parcel 10 No, 20-22-28-0000-0 _,D.C. TRUSTEES' DEED THIS TRUSTEES' DEED is made effective the 3rd day of June, 2003, between ROBERT L. KAZAROS, as Trustee of Credit Trust under the Will of John S. Kazaros, deceased, as to an undivided one-fourth (1/4) interest, whose address is 2238 Park Avenue, Windermere, Florida 32786, LINDA K. DELOACH, not individually but solely -as Trustee under the provisions of an unrecorded trust agreement known as the Linda K. DeLoach Family Trust u/d/t 12/15/98, as to an undivided one-third (1/3) interest in an undivided one-fourth (114) interest, whose address is 11-0 J .A-nc.hov- C f. Or fa i'1 d (J ,.c:c 3.). ~o i../ , MARIL YN K. INGLE, not individually but sol~ly as Trustee under the provisions of an unrecorded trust agreement known as the Marilyn K. Ingle Family Trust u/d/t 12115/98, as to an undivided one-third (113) interest in an undivided one-fourth (114) interest, whose address is 1317 Country Lane, Orlando, Florida 32804, and LESLIE K. HINSON, not individually but solely as Trustee under the provisions of an unrecorded trust agreement known as the Leslie K. Hinson Family Trust u/d/t 12/15/98, as to an undivided 'one-third (1/3) interest in an undivided one-fourth (1/4) intere,st, whose address is 900 Alameda Street, Orlando, Florida 32804 (collectively, the "Grantors"), to and in favor of OCOEE COMMONS, LLC, a Florida limited liability company, whose address is 236 Pasadena Place, Orlando, Florida 32803 ("Grantee") : ((~ ..TUN 5 '3: :!i' fjP! WITNESSETH, that Grantors, for and in consideration of the sum ofTen Dollars ($10.00) and other good and valuable considerations to said Grantors in hand paid by said Grantee, the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell and convey to Grantee lands lying in Orange County, Florida, more particularly described as West 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 20, Township 22 South, Range 28 East, 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. The above described Property does not constitute the homestead of Grantors, who have never resided on the property or any property contiguous thereto. AND Grantors hereby covenant with Grantee that Grantors are lawfully seized of said land in fee simple; that Grantors have good, right and lawful authority to sell and convey said land; that Grantors hereby warrant the title to said land and will defend the same against the lawful claims of -- .------- INSTR lOO~0~49614 OR UK 06968 PG 1604 INSTR 20030303951 OR BK 06936 PG 2673 all persons claiming by, through, or under the said. Grantors; and that said ,land is free of all encumbrances, except for those matters set forth on Exhibit "A" attached hereto and made a part hereof, but this reference shall not act to reimpose same. IN WITNESS WHEREOF, Grantors have executed this deed as of the day and year first above written. Signed, sealed and delivered in the presence C/Vtt-j1:t--rA- ;1/1 . ~C Print Name: CHRISTINA M LEE (' J/ VwTH'f''r-{_ /1'\, ~ Pri~t Name: CHRISTINA M. LEE p~~ [' 'llfuJ-h'T~~ (),,\ ~ Print Name: CHRISTIt\I.r:". h I (\.'-1. ,-EE 7~ clVIkT~ 11" '~Q~ Print Name: CHRISTINA M. LEE S, as Trustee of Credit 1 of John S, Kazaros, ~ . L UC-~/ L 'DA K. DELOACH, not individually but solely as Trustee under the provisions of an unrecorded trust agreement known as the Linda K, DeLoach Family Trust u/d/t 12/15/98 z.... rvIARIL YN . INGLE, not individually but solely as Trustee under the provisions of an unrecorded trust agreement known as the ::\1arilyn K. Ingle Family Trust u/d/t 12115/98 '~~L2- 1<. -~.t/~~)V LESLIE K. HINSON, not individually but solely as Trustee under the provisions of an unrecorded trust agreement known as the Leslie K. Hinson Family Trust u/d/t 12/15/98 - 2 - --~_.--------~------ INSTI~ 20030303951 OR BK 06936 PG 2674 INSTR 20030349614 OR BK 06968 PG 1605 STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was sworn to, subscribed and acknowledged before me this }nJday of June, 2003, by ROBERT L. KAZAROS, as Trustee of Credit Trust under the Will. of John S. Kazaro~, de~~as~d, Dwho is personally known to me o~'Dwho has produced ,.f( .il W,){,iO ,A(,i~-.A...aS ldentlflcatlOn. C/Vu6ti--r'rZ- Ih.. ~ Notary Public My Commission Expires: ~ ~ Christina M lOG ,~) My ~mls8loo 00140422 Of '" Expires September 21, 2006 STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was sworn to, subscribed and acknowledged before me this .1-l/\.C.Q day of June, 2003, by LINDA K. DELOACH, not individually but solely as Trustee under the provisions of an unrecorded trust agreement known as the Linda K, DeLoach Family Trust u/d/t 12/15/98, Dwho is personally known to me or ~ho has produced ~ ,~\I() k.,;-,..d... as identification. (~?T~ /h.'~ Notary Public My Commission Expires: I':':it\. Christina M lee ;.~ ; My ~ommissioo D014l\422 ~ Of "rF Expires September 21, 2006 STATE OF FLORIDA COUNTY OF ORANGE f) I The foregoing instrument was sworn to, subscribed and acknowledged before me this ~ day of June, 2003, by MARILYN K. INGLE, not individually but solely as Trustee under the provisions of an unrecorded trust agreement known as the Marilyn K, Ingle Family Trust u/d/t 12/15/98, Dwho is personally known to me or ~ho has produced ~ ,~f) --t./'/~ as identification. (~M.~ Notary Public My Commission Expires: ~ Ii\. Chris1lna f.A l..oo ;.~ j My Comml88lon 00140422 ~ Of "rF EJ<pIres Sepl.embei' 21, 2006 - 3 - ---- INSTR 20030303951 OR BK 0&936 PG 2675 STATE OF FLORIDA COUNTY OF ORANGE INSTR 20030349614 OR BK 06968 PG 1606 ,.\ .,-:;nIbe fo~BZ instrument was sworn to,subscribe~ an.d .acknowledged before me this '''l LI day of ~ )2003, by LESLIE K. HINSON, not mdlvldually but solely as Trustee ~ under the provisions of an unrecorded trust agreement known as the Leslie K, Hinson Family rust u/d/t 12/15/98, Dwho is personally known to me or ~ho has produced " ' ')' II . O\.d(^..Y.1h.u:'{i'4-:'~'{ s identification. "J--<.. (~rl' '. . " 'lI1.v.Yhn ':", J),\.. ~ Notary Public My Commission Expires: 1':' 't\. Christina M Lee . ~ ' My Commission D014042.2 ~1- Of ~ Expires September 21, 2006 R: \USTLER \Kazaro5Bros\ClosingDocumems\ Trustees Deed. Poreel. A .2. wpd 5/27/2003 (3 :24 pm) - 4 - INSTR 20030349614 OR BK 06968 PG 1601 INSTR Z0030303951 OR BK 06936 PG Z676 lA.~T PAGE EXHIBIT" A" PERMITTED EXCEPTIONS 1. Taxes for the year 2003, and thereafter. 2. Orange County/Prima Vista Utility Company, Inc. Sewer Service Territorial Agreement Contract No. S-87-8, recorded June 10, 1987 in Official Records Book 3894, Page 1363; as modified by First Amendment recorded February 23, 1994 in Official Records Book 4702, Page 2589; as assigned by Assignment of Sewer Service Territorial Agreement dated December 30, 1987 between Prima Vista Utility Company, Inc. and the City of Ocoee, Florida, as reflected in those certain Disclaimers of Interest in Litigation recorded on March 20, 1998 in Official Records Book 5438, Page 361, Official Records Book 5438, Page 366, Official Records Book 5438, Page 371 and Official Records Book 5438, Page 376; as modified by Second Amendment to Orange County/City ofOcoee Sewer Service Territorial Agreement and Termination of the Orange County/City of Ocoee West Oaks Square, Inc. Wastewater Agreement for de minimis Capacity recorded on December 7, 1999 in Official Records Book 5896, Page 3531; as further modified by Third Amendment to Orange County/city of Ocoee Sewer Service Territorial Agreement recorded January 11, 2002 in Official Records Book 6432, Page 2130, all in the Public Records of Orange County, Florida. 3. Orange County/City ofOcoee Water Service Territorial Agreement Contract No. W-88-06 recorded November 23, 1988 in Official Records Book 4034, Page 291, and also recorded on August 1, 1989 in Official Records Book 4102, Page 367; as modified by First Amendment recorded February 23, 1994 in Official Records Book 4702, Page 2576; as further modified by Second Amendment to Orange County/City of Ocoee Water Service Territorial Agreement recorded January 11,2002 in Official Records Book 6432, Page 2116, all in the Public Records of Orange County, Florida. 4. Drainage Easement in favor of Orange County, Florida as set .forth in Final Judgment recorded November 19, 1980 in Official Records Book 3153, Page 2103, Public Records of Orange County, Florida. 5. Resolution No. 95-10 vacating portions of B.C. Terry Road right-of-way and reserving drainage and utility easements over the vacated portions of the right-of-way recorded on March 25, 1996 in Official Records Book 5031, Page 2192, Public Records of Orange County, Florida. 6. Matters reflected on the Map of Ocoee, as recorded in Plat Book A, Pages 100 and 101, Public Records of Orange County, Florida. INSTR 200JOJ49614 OR RK 06968 PG 1608 I WII ~ 11111 III II III II 11111 11111 1111111111111 ~ 11I1 011 ParcellD No. 20-22J28-0000-00025 THIS DOCUMENT PREPARED BY AND SHOULD BE RETURNED TO: .1. P. Carolan, \II, Esquire Winderweedle, Haines, Ward & Woodman, P,A. Post Office Box 880 Winter Park, Florida 32790 THIS INDENTURE, made effective the 3rd day of June, 2003, between RALPH C. KAZAROS, as to an undivided one-fourth interest, whose address is 722 S. Lake Adair Boulevard, Orlando, Florida 32804, and ROBERT S. KAZAROS, as to an undivided one-fourth interest, whose address is 920 Lake Adair Boulevard, Orlando, Florida 32804, (collectively, the "Grantors"), to and in favor of OCOEE COMMONS, LLC, a Florida limited liability company, whose address is 236 Pasadena Place, Orlando, Florida 32803 ("Grantee"): WITNESSETH: Os ..TUN 5 '?:?/ f That the Grantors, for and in consideration of the sum of $10.00 and other valuable considerations to said Grantors in hand paid by said Grantee, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, conveyed, and sold to the said Grantee, and Grantee's heirs and assigns forever, land, situate, lying and being in Orange County, Florida, being more particularly described as West 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 20, Township 22 South, Range 28 East, Orange County, Florida. GRANTORS warrant that the subject property is not the Grantors' homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property of the Grantors. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE .A.l\T}) TO HOLD, the same in fee simple forever. AND the Grantors hereby covenant with said Grantee that Grantors are lawfully seized of said land in fee simple; that Grantors have good, right and lawful authority to sell and convey said land; that Grantors hereby warrant the title to said land and will defend the same against the lawful claims of all persons claiming by, through, or under the said Grantors; and that said land is free of all encumbrances, except for those matters set forth on Exhibit "A" attached hereto and made a part hereof, but this reference shall not act to reimpose same. INSTR 20030349614 OR OK 06968 PG 1609 INSTR 20030303950 OR BK 06936 PG 2670 IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in the presence of: P!2~~~~ C)21uA;r~i ft~ ,~ Print Name: CHRISTIN./\ M. LEE ~L ~. f<a:t~ . RALP C. KAZAROS pr~m~ CHIidIrtt /1,1 ~ ~ Print Name: . CH.RIST1N . EE ~kj-j.~ RO ERTS.KAZ ROS ST ATE OF FLORIDA COUI\'TY OF ORANGE /) 'J ~ The foregoing instrument was sworn to, subscribed and acknowledged before me this ~day of June,.2003, bX RAL~H~. K~~A~OS, Dwho is personally known to me orRwho has producedi( dJ.uuc.//) iJ,{1Y17,'.,..f as IdentIfIcatIOn. (JtV~ ~ - >R1l!l. J Notary Public My Commission Expires: ~, Christtna M Lee \. cy..,; My CornmlS&loo 00140422 Op ,.sf" Exptres Sep!ember 21, 2006 ST ATE OF FLORIDA COUNTY OF ORANGE J The foregoing instrument was sworn to, subscribed and acknowledged before me this ,~ day of June, 2003, by ROBERT S. KAZAROS, ~ho is personally known to me or Dwho has produced as identification. OhIt0~ !V\ \ ~ Notary Public My Commission Expires: ~ ~ CMatIna M Lea \.~.) My Commission 00140422 Op expires September 21,2006 R:\USTLER IKazarosBrosIClosingDocuments\SWD, Parcel.A, .....pd 5/2712003 (3: 18 pm) 2 INSTR 200~0~49614 OR BK 06968 PG 1610 INSTR 20030303950 OR BK 0&936 PG 2671 LAST PAGE EXHIBIT" A" PERMITTED EXCEPTIONS 1. Taxes for the year 2003, and thereafter. 2. Orange County/Prima Vista Utility Company, Inc. Sewer Service Territorial Agreement Contract No. S-87-8, recorded June 10, 1987 iri Official Records Book 3894, Page 1363; as modified by First Amendment recorded February 23, 1994 in Official Records Book 4702, Page 2589; as assigned by Assignment of Sewer Service Territorial Agreement dated December 30, 1987 between Prima Vista Utility Company, Inc. and the City of Ocoee, Florida, as reflected in those certain Disclaimers ofInterest in Litigation recorded on March 20, 1998 in Official Records Book 5438, Page 361, Official Records Book 5438, Page 366, Official Records Book 5438, Page 371 and Official Records Book 5438, Page 376; as modified by Second Amendment to Orange County/City ofOcoee Sewer Service Territorial Agreement and Termination of the Orange County/City of Ocoee West Oaks Square, Inc. Wastewater Agreement for de minimis Capacity recorded on December 7,1999 in Official Records Book 5896, Page 3531; as further modified by Third Amendment to Orange County/city of Ocoee Sewer Service Territorial Agreement recorded January 11, 2002 in Official Records Book 6432, Page 2130, all in the Public Records of Orange County, Florida. 3. Orange County/City of Ocoee Water ServiceTerritorial Agreement Contract No. W -88-06 recorded November 23, 1988 in Official Records Book 4034, Page 291, and also recorded on August 1, 1989 in Official Records Book 4102, Page 367; as modified by First Amendment recorded February 23, 1994 in Official Records Book 4702, Page 2576; as further modified by Second Amendment to Orange County/City of Ocoee Water Service Territorial Agreement recorded January 11,2002 in Official Records Book 6432, Page 2116, all in the Public Records of Orange County, Florida. 4. Drainage Easement in favor of Orange County, Florida as set forth in Final Judgment recorded November 19, 1980 in Official Records Book 3153, Page 2103, Public Records of Orange County, Florida. 5. Resolution No. 95-10 vacating portions of B.C. Terry Road right-of-way and reserving drainage and utility easements over the vacated portions of the right-of-way recorded on March 25, 1996 in Official Records Book 5031, Page 2192, Public Records of Orange County, Florida. 6. Matters reflected on the Map of Ocoee, as recorded in Plat Book A, Pages 10Q and 101, Public Records of Orange County, Florida. " INSTR 200~Ol49614 OR BK 06968 PG 1611 101\\111I11 m II III n 1111111111111111111111111 II I RII THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO J. P. Carolan. Ill, Esquire Winderweedle. Haines, Ward & Woodman. P.A, Post Office Box 880 Winter Park, FL 32790-0880 IN~rR 20030303955 OR UK 06936 PG 2691 ~tARTHA 0. HAYNIE. CO~'PTROLLER ORANGE COUNTY, FL 06/03/2003 03:10: S2 PM DEED DOC TAX 0.70 REC FEE 28, SO QUIT -CLAIM DEED THIS QUIT-CLAIM DEED, effective the 3rd day of June, 2003, by RALPH C. KAZAROS, whose address is 722 S. Lake Adair Boulevard, Orlando,Florida 32804, ROBERT S. KAZAROS. whose address is 920 Lake Adair Boulevard, Orlando, Florida 32804, ROBERT L. KAZAROS, as Trustee of Credit Trust under the Will of John S. Kazaros, deceased, whose address is 2238 Park Avenue, Windermere, Florida 32786, LINDA K. DELOACH, not individually but solely as Trustee under the provisions of an unrecorded trust agreement known as the Linda K, DeLoach Family Trust u/d/t 12/15/98, whose address is I JfO I A-n dlUv" C+" Oria(),d () fC( .3;;.go c..J.- , MARILYN K. INGLE, not individually but solely as Trustee 'under the provisions of an unrecorded trust agreement known as the Marilyn K. Ingle Family Trust u/d/t 12/15/98, whose address is 1317 Country Lane, Orlando, Florida 32804, LESLIE K. HINSON, not individually but solely as Trustee under the provisions of an unrecorded trust agreement known as the Leslie K. Hinson Family Trust u/d/t 12/15/98, whose address is 900 Alameda Street, Orlando, Florida 32804, and KAZAROS BROTHERS INVESTMENT CO., INC., a Florida corporation, whose address is 1320 W. Colonial Drive, Orlando; Florida 32804 (collectively, the "Grantors ") to and in favor of OCOEE COMMONS, LLC, a Florida limited liability company, whose address is 236 Pasadena Place, Orlando, Florida 32803 ("Grantee"); 0:,<; JUN 5 'j:?8 fj~j 'VITl'\TESSETH, that the Grantors, for and in consideration of the sum of $10.00, in hand paid by the Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the Grantee forever, all the right, title, interest, claim and demand which the Grantors have in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Orange, State of Florida, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. GRANTORS represent that the above-described property does not constitute the constitutional homestead of the Grantors. TO HAVE A1"'ID TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the Grantors, either in law or equity, to the only proper use, benefit and behoof of the Grantee forever. STATE OF FLORIDA - COUN'tv (')f OH..A.l':tB I HEREBY CEF.m~Y lhlll t1m L;:J rop!, of the dc-cumcr..t c:!i recorded lil t!~S cfiI~~. MARTHA O. 'nE. COU},Tt C('T,r.I'TROLLEn DAlEO By; --- IN~TR 200~0~49614 OR BK 06968 PG 1612 INSTR 200~O~03955 OR RK 06936 PG 2692 IN WITNESS WHEREOF, the Grantors have signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: }' /( L / (jlv/;;t[;~:L ,{,t . l~ Print Name: CHRISTIN,Cl M I EE L 1{l!./ Print Nafu.e: ' 6 If II~ MA-t It 5 (~/Yu0Unt\ ~A' ~ Print Name: CHRISTiNA M. LEE 'Print Natne: (~/lAJ'~b~ Print Name: ,.' (<: r /~1~. Print Name: (/' rt r-< B.rf74. v L '; . ) --'. .-...- fJfVd11Y~ tn. ~ Print Name: CHRISTINA M. LEE OJvvo-ih-.~ 0'\' ~ Print Name: CHRISTlNCo {I~. I EF ~A- C?-, ~~ RALPH C. KAZAROS ~J ij~~,- ROB RT S. KAZ OS S /as Trustee of Credit John S, Kazaros, \~ DA K. D LOACH, not individually but solely as Trustee under the provisions of an unrecorded trust agreement known as the Linda K. DeLoach Family Trust u/d/t 12/15/98 .f ... ( MARIL, K.INGL, not individually but solely as Trustee under the provisions of an unrecorded trust agreement known as the Marilyn K, Ingle Family Trust u/d/t 12/15/98 2 INSTR lOO~O~49614 OR 8K 06968 PG 161l INSTR 20030303955 OR UK 06936 PG 2693 .r \. . . '.- ) . '~~.I.J~UC 1,,-.}--1 \.A'GJ5tl\,. LESLIE K. HINSON, not individually but solely as Trustee under the provisions of an unrecorded trust agreement known as the Leslie K. Hinson Family Trust u/d/t 12/15/98 , /'/ . - 1 "J.:; '.' ,'J ( J to ~t,..;Q.1 Jot. I l' :A..c~~ Print Name: CHRlSTlN A M~ Zl1}4;- Print Name: F Vi ( t:. ,lfY( \,-f:y /11 . .Qpp CHRIST1NAM. LEE KAZAROSBROTHERSINVESTMENT CO., INC., a Florida corporation By: ~ ~. 4)~ Ralph C. Kazaros, President /1IYv0tI:r . 1 .." ",,{ Print Name: ST ATE OF FLORIDA COUNTY OF ORANGE ,] , The foregoing instrument was sworn to, subscribed and acknowledged before me this ~ day of June, 2003, by RALPH C, KAZAROS, Dwho is personally known to me or }twho has produced JIl. JJ)J.uu.f..\~ kl (h~ as identification. ' CI7fw;fm~ ;fA - ~ Notary Public My Commission Expires: K' ~ Christina M Lee . ~ . My Commission 00140422 ~~ 0,.,..1 Expires September 21, 2006 STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was sworn to, subscribed and acknowledged before me this ?-i\.tA day of June, 2003, by ROBERT S. KAZAROS, ~who is personally known to me or Dwho has produced as identification. liP/'ll, ./, . L" Ion U V"W)1Vh-<" /'J~ ~ Notary Public My Commission Expires: 3 #' Christina WI Lee !''-''- My commission D014G422 ":A~ J Expires September 2'.2006 ~CIf'" INSTR 20030303955 OR BK 06936 PG 2694 STATE OF FLORIDA COUNTY OF ORANGE INSTR 200~O~49614 OR RK 06968 PG 1614 The foregoing instrument \Vas sworn to, subscribed and acknowledged before me this .ehi\ day of June, 2003, by ROBERT L. KAZAROS, as Trustee of Credit Trust under the Will of John S, Kazaros, deceased, Dwho is personally known to me or ~ho has produced i/( .1.)'tlt.~;r1 .11 ~ILf..,}..~ as identification. Cf~~-n\.k Notary Public My Commission Expires: #:' ~ Christina M Lee \~) MyCommiS&iOl1 00140422 Of '" Expires Seplember 21.2006 STATE OF FLORIDA COUNTY OF ORANGE .. 1 The foregoing instrument was sworn to, subscribed and acknowledged before me this :lc'\c~ day of June, 2003, by LINDA K. DELOACH, not individually but solely as Trustee under the provisions of an unrecorded trust agreement known as the Linda K. DeLoach F~iJY .Trus~ u/~/t 12/15/98, Dwho is personally known to me or '9f.who has produced Or. AAlUF!;'(1 1iD.....-..AC-- as identification. ~ - 'l i1/'ur;-(}yY'~ JA .. ~ Notary Public My Commission Expires: if' "'-- CMstln8 M lee r""~ My Comml~ 00'40422 ''1'' j ExplteI Sepl9mbtlI' 21, 2006 STATE OF FLORIDA COUNTY OF ORANGE oj.. (; The foregoing instrument was sworn to, subscribed and acknowledged before me this .;L.il.iL day of June, 2003, by MARILYN K. INGLE, not individually but solely as Trustee under the provisions of an unrecorded trust agreement known as the Marilyn K. Ingle ~~~rus~ uldlt 12~15/9.8, D.who is personally known to me or 'fwho has produced '1( . i ,\'n ff.c/.AV}i...J.s IdentificatiOn. ,f) . CPV'W5i1~~ A/I. ~ Notary Public My Commission Expires: ~'. Chrf3l1na M lee \~,; MyCornml . o,,,,cF ~Ires Salon 0014042< 5ep!ember <1, 200B 4 INSTR 20030303955 OR BK 06936 PG 2695 ST ATE OF FLORIDA COUNTY OF ORANGE INSTR 20030349614 OR BK 06968 PG 1615 I The fon;#loing instrument was sworn to, subscribed and acknowledged before me this .6(f"'-day of J~! 2003, by LESLIE K. IDNSON, not individually but solely as Trustee under the provisions of an unrecorded trust agreement known as the Leslie K, Hinson Family Trust u/d/t q/15/98, Dwho is personally known. to me or ~ho has produced /'\1 ,~ ,J\' Y "d'fi' ' j.:....c.Jl;.u~.J~\.1J)€1."I*~.,.~:s 1 entl lcatlOn. ()7i)jUrY:( Ill' ~~, Notary Public My Commission Expires: ~, Christina M lee '\.CYf-.1 My CornlTltssion DD14C422 Or '" Expires ~ 21, 200e STATE OF FLORIDA COUNTY OF ORANGE r . p The foregoing instrument was sworn to, subscribed and acknowledged before me this :~ day of June, 2003, by RALPH C, KAZAROS, as President ofKAZAROS BROTHERS INVESTMENT CO., INC.,_ a Florida corpor:atio9l' on be If of the corporation, Dwho is personally known to me or ~who has produced . VJ'1{))ij 'i)" ' . \, jis identification. ~/)'~-v.,c;\ ..-.cl ~ Notary Public My Commission Expires: r~t\ Christine M lac '1.( . My Com ~Clp~ ~ mlssIon Do14042~ 5ep!8rnber 21.2006 R: \USTLER \KazarosBros\ClosingDocumenlS\QuilClaimDeed ,2, wpd 512372003 (2:04 pm) 5 INSTR 200~O~49614 OR RK 06968 PG 1616 LAST PA.GE INSTR 20030303955 OR BK 06936 PG 2&96 LAST PAGE EXHIBIT" A" Parcel A: West 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 20, Township 22 South, Range 28 East, Orange County, Florida. Parcel B: The East 990 feet (also described as the East fifteen acres) of the N0l1hhalf(N 1/2) of the Southeast Quarter of the Southeast Quarter (SE 1/4 ofSE 1/4) of Section 20, Township 22 South, Range 28 East, Orange County, Florida Parcel C: Lots Seventeen (17) through Twenty-Four (24), Block 7, Map of Ocoee, according to the plat thereof, as recorded in Plat Book A, Pages 100 and 101, of the Public Records of Orange County, Florida. WHICH PROPERTY IS MORE PARTICULARLY DESCRIBED AS: Commence at the Southeast comer of Section 20, Township 22 South, Range 28 East; run thence N89D28'55"W a distance of 995.69 feet; run thence NOO"23'lO"E a distance of 69.51 feet to the Northerly right of way line of Colonial Drive {State Road 50), said point also being the Point of Beginning; thence N89'23'37"W along said Northerly right of way line a distance of 331.93 feet to the Southeast corner of Lake Bennet Centre as recorded in Plat Book 3 5, Pages 126 and 127, Public Records of Orange County, Florida; thence NOOD21'46"E along the East line of said Lake Bennet Centre a distance of 1281.33 feet; thence N88'48'49"W a distance of 8.45 feet to the centerline of California Avenue; thence NOO'38'39"E along said centerline a distance of 1127.25 feet; thence S88'11'34"E a distance of30.01 feet to a point on the West line of Lot 17, Town ofOcoee, as recorded in Plat Book A, Pages 100 through 101, Public Records of Orange County, Florida; thence NOOD38'39"E along said West line a distance of 170.19 feet to the South right of way line of Geneva Street; thence S88'21 '09"E along said South right of way line a distance of 667.17 feet; thence NOO"33'04"E a distance of30.01 feet to the centerline of Geneva Street; thence S88"21'09"E along said centerline a distance of637.11 feet; thence SOO"27'27"W along the East line of the Southeast 1/4 of said Section 20 a distance of 1989.29 feet; thence N89'09'40"W a distance of 996.55 feet; thence SOO'23'10"W a distance of 599.29 feet to the Point of Beginning. R:\U S TLER IKllZaro' Bros",Cla,ingDoc,""cnl.lLegal. Chain .and,Mete.. wpd 512712003 (2:34 pm)