HomeMy WebLinkAboutItem #15 West Road Realignment
AGENDA ITEM COVER SHEET
Meeting Date: June 6, 2006
Item # i5
Contact Name:
Contact Number:
Russ Wagner
(407) 905-3157
Reviewed By:
Department Director:
City Manager:
j l.Jr
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Subject: . West Road Realignment Agreement
Background Summary:
The City has been negotiating for several months with the developer of the Fountains West Shopping Center
regarding the needed realignment of West Road at its intersection with Ocoee-Apopka Road. In order to
proceed with the proposed land use change to the Comprehensive Plan and process the rezoning of the
property to PUD, the City has required the developer to rework the off-set intersection to be consistent with
the Orange County plans for construction of the new Clarcona-Ocoee Road widening and realignment.
The proposed tri-party agreement, which has already been approved by Orange County staff and the
developer, provides for the abandonment of the existing West Road and the construction of a new, relocated
road to match up with Ocoee Crown Point Parkway. This agreement requires contributions from all three
parties to ensure that this work may be accomplished to not only solve the short-term traffic problem, but also
to set the stage for a long-term solution once the County moves ahead with the Clarcona-Ocoee project.
Issue:
Should the Mayor and City Commissioners approve a tri-party agreement to provide for the realignment and
paving of West Road?
Recommendations
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Staff respectfully recommends that the Mayor and City Commissioners approve the West Road Realignment
Agreement and authorize the Mayor and City Clerk to execute the document on behalf of the City.
Attachments:
West Road Realignment Agreement
Memorandum from City Attorney Paul Rosenthal
Memorandum from David Wheeler, City Engineering Director
Financial Impact:
See attached memorandum from City Engineering Director.
Type of Item: (please mark with an "x'?
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's DeDt Use:
Consent Agenda
Public Hearing
X Regular Agenda
Original DocumenUContract Attached for Execution by City Clerk
Original DocumenUContract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
N/A
N/A
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Commissioners
Gary Hood. District 1
Scott Anderson. District 2
Rusty Johnson. District 3
Joel F. Keller. District 4
Mayor
S. Scott Vanderarift
City Manaqer
Robert Frank
STAFF REPORT
FROM:
The Honorable Mayor and City Commissioners ;;J:;)
Russ Wagner, AICP, Community Development Director 'W
TO:
DATE:
May 25, 2006
RE:
West Road Realignment Agreement
ISSUE: Should the Mayor and City Commissioners approve a tri-party agreement to provide for
the realignment and paving of West Road?
BACKGROUND: The City has been negotiating for several months with the developer of the
Fountains West Shopping Center regarding the needed realignment of West Road at its
intersection with Ocoee-Apopka Road. This project involves the development of a Publix-
anchored neighborhood shopping center at the northeast quadrant of the intersection. In order to
proceed with the proposed land use change to the Comprehensive Plan and process the
rezoning of the property to PUD, the City has required the developer to rework the off-set
intersection to be consistent with the Orange County plans for construction of the new Clarcona-
Ocoee Road widening and realignment. This project was originally intended to be constructed in
2004, but was moved back in the County's Roadway Improvement Program to beyond 2010.
The City designed the entry roadway to Westyn Bay and Ocoee High School (Ocoee Crown
Point Parkway) to match up with relocated Clarcona-Ocoee Road plans thinking that these
improvements would take place concurrently. Instead, Ocoee Crown Point Parkway and the
existing West Road remain off-set, resulting in an awkward intersection with two traffic signals
operating within a very short distance from one another.
DISCUSSION: The proposed tri-party agreement, which has already been approved by Orange
County staff and the developer, provides for the abandonment of the existing West Road and the
construction of a new, relocated road to match up with Ocoee Crown Point Parkway. This
agreement requires contributions from all three parties to ensure that this work may be
accomplished to not only solve the short-term traffic problem, but also to set the stage for a long-
term solution once the County moves ahead with the Clarcona-Ocoee preject. The attached
memorandums from the City Attorney and City Engineer summarize the conditions of the
agreement and the estimated costs to the City.
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STAFF RECOMMENDATION: Staff respectfully recommends that the Mayor and City
Commissioners approve the West Road Realignment Agreement and authorize the Mayor and
City Clerk to execute the document on behalf of the City.
Attachments:
West Road Realignment Agreement
Memorandum from City Attorney Paul Rosenthal
Memorandum from David Wheeler, City Engineering Director
O:\Staff Reports\2006\SR06034_RBW _ WestRoadRealignmentAgreement_ CC.doc
2
: FOLEY
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
111 NORTH ORANGE AVENUE. SUITE 1800
ORLANDO. FL 32801.2386
P. O. BOX 2193
ORLANDO. FL 32802.2193
TELEPHONE: 407.423,7656
FACSIMILE: 407.648.1743
WWW.FOLEY.COM
407.244.3248
MEMORANDUM
CLlENT.MATTER NUMBER
020377.0727
TO:
FROM:
The Honorable Mayor and City Commissioners of the City ofOcoee
Paul E. Rosenthal, Esq., City Attorney!k
May 23,2006
BATE:
RE:
West Road Realignment Agreement
The following is a summary of the highlights of the West Road Realignment
Agreement (the "Agreement"):
1. The Agreement is a tri-party agreement between the City, the County and Ocoe,
LLC, the developer of the proposed Fountains West Shopping Center (the "Developer").
2. The Developer has agreed to donate to the County lands needed for the temporary
realignment of West Road. The deed will be held in escrow pending City approvals of the small
scale comprehensive plan amendment and the PUD zoning for Fountains West.
3. The Developer has agreed to sell to the County at a price of $282,000 per acre the
additional 2.9 acres ofland needed for the permanent realignment of Clarcona-Ocoee Road and
West Road, provided that the County must consummate such purchase within 3 years from the
date of the Agreement in order for the purchase price to remain fixed.
4. The City will be responsible for the design, permitting and construction of the
Temporary Realignment of West Road. The County will reimburse the City for cost incurred in
connection with the foregoing. The County will be responsible for maintenance following
completion of construction. The County will also be responsible for all wetlands mitigation
associated with the roadway improvements.
5. The City will, at the City's expenses, relocate the existing signal and install on a
phased basis the necessary traffic signal devices and equipment needed to fully accommodate the
temporary and permanent realignment of West Road.
ORLA_ 412655.1
FOLEY & LARDNER LLP
City Manae:er
Robert Frank
Commissioners
Gary Hood, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Joel F. Keller, District 4
Mavor
S. Scott Vandergrift
MEMORANDUM
TO:
Russ Wagner
FROM:
David Wheeler ~C 41
May 30, 2006
DATE:
RE:
West Road Temporary Realignment
The West Road Realignment Agreement allows for the City to take the lead on the design,
permitting and construction of the temporary road section to realign West Road to become a plus
intersection with Ocoee Crown Point Parkway. There two parts to this project - one to realign
the road with turn lanes on Ocoee-Apopka Road and one to rework the traffic signal at Ocoee-
Apopka Road and Ocoee Crown Point Parkway. The cost for the realignment of West Road and
the turn lanes on Ocoee-Apopka Road are to be reimbursed to the City by Orange County and
the cost for the rework of the traffic signal is to be born solely by the City.
The temporary realignment of West Road will include the short section of porous pavement as
delineated by Orange County and the mitigation of the small wetlands area adjacent to Ocoee-
Apopka Road across from Ocoee Crown Point Parkway. The turn lanes on Ocoee-Apopka Road
will be designed and constructed to Orange County full depth roadway design. The drainage will
be handled in swales or possibly a small pond. The design and permitting could be in the range
of $100,000 to $150,000 depending upon how much of the Orange County survey and design
data can be utilized. Staff is working with PBS&J, Inc. on a proposal for the design and
permitting. The construction cost for the temporary road and the turn lanes could be in the range
of $750,000. These costs would be reimbursable from Orange County.
The rework of the traffic signal is intended to utilize as much of the existing signal as possible
and to only add the additional signal heads for the new road. However, because of the widening
for the turn lanes the rework may include setting new strain poles. For budgetary purposes right
now, I would assume a complete rework because of relocating the strain poles and upgrading to
mast arms. The design and permitting costs should be in the range of $25,000 and the cost for a
new mast armed signal will be in the range of $200,000. These costs would be born solely by
the City.
Every effort will used to keep costs down, but according to present costs and project bids the
aforementioned costs may be realized or be higher. When the proposal from PBS&J, Inc. comes
in I will copy you for comments. The one issue that is up in the air is the wetlands mitigation.
Hopefully, we can attach to and amend the County's permit, however the permitting agency may
require a separate permit. The mitigation costs would be reimbursable from Orange County.
City ofOcoee' 150 N Lakeshore Drive' Ocoee, Florida 34761
phone: (407) 905-3100' fax: (407) 656-8504. www.cLocoee.fl.us
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Hal H. Kantor, Esquire
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 North Eola Drive
Post Office Box 2809
Orlando, FL 32802-2809
(407) 843-4600
WEST ROAD REALIGNMENT
AGREEMENT
THIS WEST ROAD REALIGNMENT AGREEMENT (the "Agreement"), by and
between the CITY OF OCOEE, a Florida municipal corporation (the "CITY"), ORANGE
COUNTY, a charter county and a political subdivision of the State of Florida (the "COUNTY")
and OCOE, I.-LC, a Florida limited liability company, (the "DEVELOPER").
WITNESSETH:
WHEREAS, the COUNTY and the CITY desire to provide a safe and more efficient
access to the Ocoee High School and the surrounding area; and
WHEREAS, the existing alignment of West Road creates an undesirable intersection
with Ocoee-Apopka Road; and
WHEREAS, the parties to this Agreement desire to provide for the realignment and
construction of a portion of West Road; and
WHEREAS, the DEVELOPER is the developer of the property located at the northeast
corner of the intersection of West Road and Ocoee-Apopka Road as depicted on Exhibit "A"
attached hereto and incorporated herein by this reference (the "Subject Property"); and
WHEREAS, the DEVELOPER has applied to the CITY for land use approvals on the
Subject Property for a project known as "Fountain's West"; and
WHEREAS, this Agreement contemplates, among other things, the development and
construction of a temporary West Road realignment as depicted on Exhibit "B" attached hereto
and incorporated herein by this reference (the "Temporary Realignment"); and
0909546\10808]\915311\4
WHEREAS, this Agreement contemplates, among other things, the future need for
development and construction of a permanent West Road realignment as depicted on Exhibit "C"
attached hereto and incorporated herein by this reference (the "Permanent Realignment"); and
WHEREAS, the development and construction of the Temporary Realignment,
necessitates the acquisition of certain real property located in the City of Ocoee, Florida, for road
right-of-way purposes; and
WHEREAS, in connection with its requests for approvals, DEVELOPER has agreed to
convey to the COUNTY approximately 1.0 acre of land as depicted on Exhibit "B" (and as
legally described in Exhibit B-]) which constitutes the "Temporary Realignment ROW"
pursuant to the conditions set forth herein; and
WHEREAS, DEVELOPER further agrees to reserve approximately 2.8 acres as depicted
on Exhibit "C" (and as legally described in Exhibit C-l) for the Permanent Realignment for the
COUNTY to purchase pursuant to the conditions set forth herein such that there is a total of 3.8
acres of land conveyed and reserved for the Temporary Realignment and the Permanent
Realignment; and
WHEREAS, the CITY has agreed to design, permit, and construct the improvements for
the Temporary Realignment pursuant to the conditions set forth herein; and
WHEREAS, the COUNTY has agreed to reimburse the CITY for such costs subject to
the conditions herein set forth; and
WHEREAS, subject to the matters set forth herein, the CITY has agreed to provide
signalization for the realigned intersection of West Road and Ocoee-Apopka Road; and
WHEREAS, the COUNTY agrees to provide and pay for any necessary wetland
mitigation for the road right-of-way; and
WHEREAS, the parties desire to set forth certain terms, conditions and agreements
between the parties as to the development, widening, realignment and construction of the
Temporary Realignment Improvements and reservation of right-of-way.
NOW, THEREFORE, in consideration of the premises contained herein and other good
and valuable consideration exchanged by and between the parties, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto stipulate and agree as follows:
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Section 1. Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
Section 2. Conveyance of Land to the County by Developer.
(a) Conveyed Lands. Within thirty days from the Effective Date of the
Agreement, DEVELOPER shall deliver to CITY a fully executed deed conveying unencumbered
marketable fee title to the Temporary Realignment ROW to the COUNTY subject to the
permitted exceptions described below. The CITY shall hold said deed in escrow and shall
release the deed to the COUNTY within ten days of approval of a small scale comprehensive
plan amendment for the Subject Property and approval of the rezoning of the Subject Property to
PUD zoning (the "Land Use Approvals"). There shall be no cost incurred by the CITY or
COUNTY in connection with the conveyance.
(b) Procedure. The conveyance of the Temporary Realignment ROW shall be
by special warranty deed, free and clear of all liens and encumbrances, except for those
permitted exceptions noted on Exhibit "D" ("Permitted Exceptions") attached and easements of
record acceptable to the COUNTY, if any.
(c) Right-of-Wav Value. The DEVELOPER shall pay all costs associated
with the conveyance of the Temporary Realignment, including all recording fees and
documentary stamps related to such conveyance. Ad valorem taxes in connection with the
conveyance of the Temporary Realignment shall be prorated as of the date of transfer of title and
the prorated amount shall be paid by the DEVELOPER to the COUNTY, in escrow, pursuant to
Section 196.295, Florida Statutes, unless the conveyance occurs between November 1 and
December 31 of the year of conveyance, in which case ad valorem taxes shall be paid in full by
the DEVELOPER for the year of conveyance.
For purposes of this Agreement, the value of the Temporary Realignment
ROW to be conveyed by the DEVELOPER to the COUNTY shall be deemed by the parties to be
$282,000 per acre, or fraction thereof. Notwithstanding the foregoing to the contrary, the
COUNTY shall pay no money for the value of the Temporary Realignment ROWand
DEVELOPER shall receive no COUNTY or CITY Read Impact Fee Credit for the Temporary
Realignment ROW.
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(d) Title Policy. Within thirty days from the Effective Date, DEVELOPER
shall deliver to the COUNTY, at the DEVELOPER's sole cost and expense, a commitment to
issue an Owner's Policy of Title Insurance naming the COUNTY as the insured (the "Title
Commitment"). The original Owner's Policy of Title Insurance (the "Title Policy") shall be
delivered to the COUNTY within thirt,y days after the conveyance of the ,Temporary
Realignment.
(e) Environmental Audit. Within thirty days from the Effective Date,
DEVELOPER shall submit to the COUNTY a current (within 6 months prior to conveyance to
COUNTY) Phase I environmental audit of the areas encompassed by the Temporary
Realignment ROW. In the event the Phase I environmental audit presents a recognized
environmental concern, then within sixty days from receipt from the COUNTY of a notice
expressing the nature of the matter of concern, the DEVELOPER shall submit to the COUNTY a
Phase II environmental audit. If the Phase II environmental audit is performed and reveals the
need for remediation to the Temporary Realignment, one of the following events shall occur: (i)
the DEVELOPER shall remediate the Temporary Realignment to the County's satisfaction prior
to the conveyance; or (ii) the DEVELOPER and COUNTY shall negotiate and enter into a
separate agreement whereby the DEVELOPER shall pay the full cost of remediation; or (iii) the
COUNTY may terminate this Agreement at its option.
(f) Compliance with Section 286.23, Florida Statutes. DEVELOPER shall
execute and deliver to COUNTY the "Disclosure and Beneficial Interests" required pursuant to
Section 286.23, Florida Statutes.
(g) Right-of- Way Reservation. The DEVELOPER agrees to reserve for right-
of-way use for the Permanent Realignment of Clarcona-Ocoee Road approximately 2.8 acres as
depicted on Exhibit "C" (the "Reserved ROW') in perpetuity for the benefit of the COUNTY
and the CITY. DEVELOPER and COUNTY hereby agree that COUNTY shall purchase the
Reserved ROW subject to the terms set forth herein. In consideration of the matters contained
herein, the DEVELOPER agrees that any time within three years from the Effective Date (the
"Price Reservation Period), the DEVELOPER agrees to sell the Reserved ROW to the COUNTY
at the same purchase price that DEVELOPER acquired the Reserved ROW or $282,000 per acre.
At the expiration of the Price Reservation Period, the value of the Reserved ROW will be
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determined in accordance with the provisions of subsection (h) below. With respect to such
conveyance, the provisions of subparagraphs (b). (c), (f) and (g) shall apply. Moreover, the
COUNTY shall pay for the Reserved ROW in cash at closing.
(h) Right-of-Wav Value for Reserved Right of Way. As noted above, if the
Reserved Right-of-Way is purchased during the Price Reservation Period, the purchase price is
$282,000.00 per acre. If the Reserved Right-of-Way is acquired thereafter, the purchase price
shall be determined in the following manner. The value of the Reserved ROW to be conveyed
by the DEVELOPER to the COUNTY shall be the total number of acres, and/or fraction thereof
of the Reserved ROW multiplied by- the appraised fair market value per acre of the Reserved
ROW. DEVELOPER shall obtain an appraisal of the Reserved ROW from an MAl appraiser
approved by the COUNTY ("Developer's Appraiser"). The appraisal shall be based on the fair
market value as of the date of valuation as set forth in Section 23-95(b)(1)-(6) of the Orange
County Code. If the COUNTY does not agree with the value established by the Developer's
Appraiser, then the COUNTY may obtain an appraisal performed by an MAl appraiser on the
COUNTY's approved list ("County Appraiser"). If the DEVELOPER does not agree with the
value established by the County Appraiser. and if the DEVELOPER and the COUNTY are
unable to agree upon an acceptable value, then the Developer's Appraiser and the County
Appraiser shall appoint a third MAl appraiser from the COUNTY's approved list ("Third
Appraiser"), and the DEVELOPER and the COUNTY agree to accept the value of the Reserved
ROW established by the Third Appraiser. The DEVELOPER shall pay the expense of the
DEVELOPER'S Appraiser. The COUNTY shall pay the expense of the COUNTY'S Appraiser,
if required. The DEVELOPER and the COUNTY shall share equally the payment of the expense
of the Third Appraiser, if required. Notwithstanding anything contained herein to the contrary,
the value of the Reserved ROW shall be not less than $282,000 per acre.
Section 3. Design, Permitting and Construction of Temporary Realignment.
(a) The CITY will design, permit and construct the Temporary Realignment
Improvements as a porous pavement surface as generally depicted and described on Exhibit "B"
attached hereto and incorporated herein by reference (the "Temporary Realignment
Improvements"). The COUNTY agrees to reimburse the CITY for construction of the
Temporary Realignment lrnprovement~, along with the cost of design and permitting of said
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Temporary Realignment Improvements. The CITY shall submit invoices to the COUNTY,
which shall be paid by COUNTY to CITY within 30 days of receipt. The design and permitting
of the Temporary Realignment Improvements will be subject to the COUNTY'S expedited
reasonable review and approved in accordance with COUNTY standards, including, without
limitation, the COUNTY'S normal Capital Improvement Project plan preparation criteria.
(b) Given the construction of the Temporary Realignment Improvements by
the CITY, the completion of the Temporary Realignment Improvements shall not be a condition
to the issuance by the CITY of building permits or certificates of occupancy for Fountains West
so long as the DEVELOPER is not in default of its obligations under this Agreement.
(c) The DEVELOPER shall grant to the COUNTY such temporary
stormwater and drainage easements across the Reserved ROW as may be reasonably necessary to
accommodate stormwater from the Temporary Realignment Improvements, which easements
shall terminate when the Permanent Realignment is completed. The design for the Temporary
Realignment Improvements shall set forth the location of the foregoing easements. The
easement, if needed, shall address issues relating to liability, maintenance and other issues
appropriate to an easement of this nature,
Section 4. Signalization and Access Points.
(a) The CITY shall relocate or remove the existing signal and shall purchase
and install on a phased basis the necessary traffic signal devices and related equipment necessary
to fully accommodate the Temporary and Permanent Realignment of West Road at its
intersection with Ocoee- Apopka Road. Failure of the CITY to complete said signalization in a
timely manner shall not excuse the CITY from issuing building permits or certificates of
occupancy for Fountains West, so long as the DEVELOPER has otherwise complied with the
terms of this Agreement and meets all other obligations with respect to the land use approvals
and development permits issued by the CITY as of the effective date of this Agreement or to be
subsequently obtained as necessary for the overall development of the Project.
(b) The access points onto the realignment and the location of the future
signal (when warranted) at the intersection of West Road and the full tum entrance to FountainsdWest shall be as set forth in Exhibit "B" and Exhibit "e" and as approved by the governmental
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entity having jurisdiction over the roads. The cost of such signalization, if warranted, shall be
paid for by parties other than the COUNTY or the DEVELOPER.
Section 5. Maintenance and Ownership. The COUNTY shall continue to be
responsible for the maintenance of all improvements within the right of way following the
completion of construction.
Section 6. Wetland Mitigation. The COUNTY shall pay, or cause to be paid, all
environmental mitigation costs, if any, for the Temporary and/or Permanent Realignment and
neither the DEVELOPER nor the CITY shall have any financial obligation with respect thereto.
Section 7. Indemnification. To the extent provided by Section 768.28, Florida
Statutes, the COUNTY and the CITY shall indemnify, defend and hold DEVELOPER harmless
from and against any damages, liability actions, claims and expenses (including attorneys' fees
in a reasonable amount through trial and all appeals and whether suit is instituted or not) in
connection with the loss of life, personal injury, damages to property arising from or out of any
occurrence in connection with the work being performed by the COUNTY and CITY which is
occasioned wholly or in part by any act or omission of the COUNTY or the CITY, its tenants,
agents, contractors, employees, or licensees. This agreement shall not be construed in any way
as a waiver, either partial or complete, of the CITY'S or COUNTY'S right of sovereign
indemnity. Moreover, this provision shall not be construed as requiring that the COUNTY
indemnify the CITY or that the CITY indemnify the COUNTY.
Section 8. Disclaimer of Third Party Beneficiaries. This Agreement is solely for
the benefit of the formal parties hereto and no right or cause of action shall accrue by reason
hereof to or for the benefit of any third party not a formal party hereto. Nothing in this
Agreement, expressed or implied, is intended or shall be construed to confer upon or give any
person or entity any right, remedy or claim under or by reason of this Agreement or any
provisions or conditions hereof, other than the parties hereto and their respective heirs,
successors and assigns.
Section 9. Severability. In the event that any word, clause, phrase, sentence,
paragraph, or provision of this Agreement is found by a court of competent jurisdiction to be
void, illegal, invalid, or unenforceable, the deletion of which from this Agreement would not
adversely affect the parties enjoyment of any other material benefits intended by this
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Agreement, and would not substantially increase the burden of any party under this Agreement,
said word, clause, phrase, sentence, paragraph, or provision will be severed from this
Agreement and the remainder of this Agreement will continue to be binding, enforceable, and in
full force and effect. On the other hand, if the deletion of such word, clause, phrase, sentence,
paragraph, or provision will adversely affect any parties' enjoyment of any material benefit
intended under this Agreement, or substantially increase the burden of any party, then this
Agreement shall be equitably modified by said court, to the maximum extent practicable, in
order to fulfill the intent and purpose of this Agreement.
Section 10. Attorneys' Fees. In the event of litigation between the parties to this
Agreement, each party to this Agreement agrees to bear its own attorneys fees and costs in
connection with such litigation.
Section 11. Survival. The obligations of this Agreement shall survive the conveyance
of lands or interests in lands hereunder to the COUNTY
Section 12. Amendments. No amendment, modification or other change in this
Agreement shall be binding upon the parties unless in writing and executed by all of the parties
hereto.
Section 13. Entire Agreement. This Agreement embodies and constitutes the entire
understanding of the parties with respect to the subject matter addressed herein, and all prior or
contemporaneous agreements, undertakings, representations and statements, oral or written, are
merged into this Agreement provided, however, that nothing contained herein shall be construed
to affect any ordinances, land use approvals, development orders, pelmits, andlor agreements
which may hereafter be approved or issued by the CITY or entered into between the CITY and
the DEVELOPER.
Section 14. Construction of Agreement. 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. None of the parties shall be considered the drafter of this
Agreement for purposes of interpreting this Agreement, it being recognized that all parties have
contributed substantially to the preparation of this Agreement.
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Section 15. Effective Date. The effective date of this agreement (the "Effective
Date") shall be the date when the last one of the ClTY, COUNTY, and DEVELOPER has
properly executed this Agreement as determined by the date set forth immediately below their
respective signatures of the CITY, COUNTY, and DEVELOPER.
Section 16. Authority. Each party has full power, right and authority, and is duly
authorized to enter into this Agreement, to perform each and all of the matters and acts herein
provided.
Section 17, Cooperation. Each party covenants and agrees that it will at any time and
from time to time do such acts and execute, acknowledge and deliver, or cause to be executed,
acknowledged and delivered, such documents reasonably requested to design and permit the
Temporary Alignment.
Section 18. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) when (i) hand
delivered to the person(s) hereinafter designated, or (ii) upon deposit of such notice in the
United States mail, postage prepaid, certified mail, return-receipt requested, addressed to the
person at the address set forth opposite the party's name below, or such other address or to such
other person as the party shall have specified by written to the other party deliver in accordance
herewith.
As to CITY:
City Manager
City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761
Attn: Robert D. Frank
With a copy to:
Paul Rosenthal, Esq.
Foley & Lardner, LLP
111 North Orange Avenue, 18th Fl.
Orlando, FL 32801
As to COUNTY:
Orange County
clo County Administrator
201 S. Rosalind Avenue, Fifth Floor
Orlando, FL 32801
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With a copy to:
Orange County
4200 S. John Young Parkway
Orlando, FL 32839
Attn: Transportation Planning
As to DEVELOPER:
Ocoe, LLC
33 SE 4rd Street
Suite 100
Boca Raton, FL 33432
Attn: Tom Vincent
With a copy to:
Hal H. Kantor, Esq.
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Section 19. Covenants Running with the Land. This Agreement shall run with the
land and shall be binding upon and shall inure to the benefit of the heirs, legal representatives,
successors and assigns of the DEVELOPER and any person, firm, corporation or other entity
that may become the successor in interest to such property.
, Section 20. Recordation of Agreement. An executed original of this Agreement shall
be recorded, at the DEVELOPER's expense, in the Public Records of Orange County, Florida.
Section 21. 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 22. Time is of the Essence. Time is hereby declared of the essence to the
lawful performance of the duties and obligations contained in this Agreement.
Section 23. Further Documentation. The parties agree that at any time following a
request therefore by the other party, each shall execute and deliver to the other party such
further documents and instruments reasonably necessary to confirm andlor effectuate the
obligations of either party hereunder and the consummation of the transactions contemplated
hereby.
Section 24. Breach. In the event the CITY, COUNTY, or DEVELOPER violates any
material provisions of this Agreement, the violating party shall be given thirty (30) days to cure
such violation upon receipt of written notice of the violation from the non-violating party. In
the event such violation is not cured, the CITY, COUNTY, or DEVELOPER, as the case may
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be, shall have the right to pursue any and all legal and equitable remedies provided in Section
25 of this Agreement.
Section 25. Limitation of Remedies. The COUNTY and the DEVELOPER expressly
agree that the consideration, in part, for each of them entering into this Agreement is the
willingness of the other to limit the remedies for all actions arising out of or in connection with
this Agreement.
(a) Limitations on the CITY's or COUNTY's remedies. Upon any failure by
the DEVELOPER to perform its obligations under this Agreement, the CITY and the COUNTY
shall be limited strictly to only the following remedies:
(i) Action for specific performance or injunction; or
(ii) The right to set off, against the amounts of impact fees to be
credited in favor of the DEVELOPER under this Agreement (A) any
amounts due to the COUNTY or the CITY from the DEVELOPER under
this Agreement but remaining unpaid and (B) the cost to the COUNTY or
the CITY of performing any action or actions required to be done under
this Agreement by the DEVELOPER, but which the DEVELOPER has
failed or refused to do when required; or
(iii) the withholding of development permits and other approvals or
permits in connection with the Project.
(b) Limitations on the Developer's remedies. Upon a failure of the COUNTY
or the CITY to perform its obligations under this Agreement, the DEVELOPER shall be limited
strictly to only the following remedies:
(i) action for specific performance; or
(ii) action for injunction; or
(iii) action for declaratory judgment regarding the rights and
obligations of the DEVELOPER; or
(iv) any combination of the foregoing.
- 11 -
0909546\1()8081\9IS311\4
All parties expressly waive their respective rights to sue for damages of any type for breach of or
default under this Agreement by the other. Venue for any actions initiated under or in
connection with this Agreement shall be in the circuit court for the Ninth Judicial Circuit of
Florida in Orange County,
Section 26. 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 document.
- 12-
0909546\108081\915311\4
IN WITNESS WHEREOF, the COUNTY and the CITY and the DEVELOPER have
caused this Agreement to be duly executed by their respective duly authorized representatives on
the dates set forth below.
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
By:
RICHARD T. CROTTY
Orange County Mayor
Date:
ATTEST: Martha O. Haynie, County Comptroller
as Clerk to the Board of County Commissioners
By:
Deputy Clerk
- 13 -
0909546\108081\915311\4
Signed. Sealed and Delivered
in the Presence of:
Name printed:
Name printed:
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEGALITY this _ day of
,200__
FOLEY & LARDNER LLP
By:
,City Attorney
0909546\1~8]\9lS311\4
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor
ATTEST:
Beth Eikenherry, City Clerk
Date
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 200_
UNDER AGENDA ITEM NO.
- 14 -
OCOE, LLC.
Printed Name:
Printed Name:
By:
Name:
Title:
Date
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged, sworn to and subscribed before me this
_ day of , 200_, by , as of the OCOE,
LLC, a limited liability company, who is personally known to me or produced
as identification
Name printed:
Notary Public
My commission expires:
- 15 -
0909546\1 08081\91:5311\4
JOINDER AND CONSENT OF SHW. L.L.C.
SHW. L.L.C., a Florida limited liability company, is presently the owner of the property
designated for the Temporary Realignment and the Penl1anent Realignment, and hereby agrees
to convey the property constituting the Temporary Realignment and reserve and convey the
Permanent Realignment and shall be bound by the provisions applicable to the value thereof as
set forth in this Agreement.
SHW, L.L.C.
By:
Name:
Title:
Date
Printed Name:
Printed Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged, sworn to and subscribed before me this
_ day of , 200_, by , as of the
SHW, L.L.c., a limited liability company, who is personally known to me or produced
as identification
Name printed:
Notary Public
My commission expires:
- 16 -
0909546\108081\915311\4
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EXHIBIT A
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Site LocatioD MIIp
Wat Road.t Ococo-Apopb RoM
Ocoee. PI..
Bzbibit A
llDU81'y 27, 2ClO6
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SEE SHEET 1 OF 2 FOR DESCRIPTION, CERTIFICATION, AND NOTES
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PROPOSED NEW ~ ~
WEST ROAD
RIGHT OF WAY
R=1027.48'
L=189,86'
D.=10'3S'14"
C8=S68'S6'49"[
CH=189,S9'
PROPOSED NEW~
WEST ROAD
RIGHT OF WAY
Of W/>.. '( LINE
NORi\1ERL'( RIG\1i
SOUTH LINE NW 1/4 SECTION 6-22-28
~
POINT OF COMMENCEMENT
CURVE TABLE SOUTHEAST CORNER, NORTHWEST 1/4
CENTRAL CHORD CHORD SECTION 6, TOWNSHIP 22 SOUTH,
CURVE LENGTH RADIUS ANGLE BEARING OIST ANCE RANGE 28 EAST
C1 SO,07' 119S,91' 2'23'S6" N81'26'03"E 50,07'
C2 126,60' 984,52' 7'22'03" N71'20'4S"W 126,S1'
C3 20,85' 101.48' 11'46'13" S61'17'16"E 20,81'
C4 32,39' 98,52' 18'SO'16" S64'49'18"E 32,25'
C5 23,09' 275,00' 4'48'41" S66'03'32"E 23.09'
C6 83,67' 1195.91' 4'00'30" S84'38'16"W 83.6S'
N
LINE TABLE
LINE BEARING LEN GTH
L1 NOO'48'40"E 61.19'
L2 N80'14'05"E 13,43'
L3 S86'38' 31 "w 29,00'
Scale
Checked by
BKH
EXlllBIT B-1
SKETCH & DESCRIPTION FEE SIMPLE
RIGHT -OF- WAY DEDICATION FOR
TEMPORARY REALIGNMENT WEST ROAD
o
I
Field By
1" = 100'
Project Title
Issued for
HALVORSEN
Project Number
60929.00
Vanasse Hangen Brustlin, Inc.
135 W. Central Blvd., Suite 800
Orlando, FL 32801
4078394006 · FAX 407 8394008
Licensed Survey Business LB7153
100
200
SCALE IN FEET
SHEET~OF~
SEE SHEET 2 OF 2 FOR SKETCH
LEGAL DESCRIPTION
A parcel of land located in the North half af Sectian 6,
Township 22 South, Range 28 East, Orange County, Florida,
Said parcel being more particularly described as follows:
Commence at the Southeast corner of the Northwest 1/4 of said Section 6; thence run
North 00' 48' 40" East, 61,19 feet along the West line of said Northwest 1/4 to a point
on the Northerly right of way line of West Road; thence leaving said West line, run the
following courses and distances alon9 said Northerly ri9ht of way line, North 80' 14' 05"
East, 13,43 feet to the point of curvature of a curve to the right, having a radius of
1195,91 feet and a central angle of 2' 23' 56"; thence along the arc of said curve a
distance of 50,07 feet to the Point of Be9inning; being a point on a non-tangent curve
concave Southwesterly, having a radius of 984.52 feet, a central angle of 7" 22' 03" and
a chord of 126.51 feet that bears North 71' 20' 45" West; thence leaving said Northerly
right of way line, run along the arc of said curve a distance of 126.60 feet; thence
leaving said curve, run North 78' 05' 31" West, 203.59 feet; thence North 74' 43' 06"
West, 87.80 feet; thence South 66' 47' 07" West, 79,90 feet to a point on the Easterly
right of way line of Ocoee-Apopka Road; thence North 28' 17' 59" East, along said
Easterly right of way line 201,45 feet; thence leaving said Easterly right of way line, run
South 36' 31' 59" East, 75,29 feet; thence South 74' 43' 06" East, 62.73 feet; thence
South 67" 10' 23" East, 103,99 feet to the point of curvature of a curve to the right,
having a radius of 101,48 feet and a central angle of 11' 46' 13"; thence along the arc
of said curve a distance of 20,85 feet to the point of reverse curvature of a curve to
the left, having a radius of 98.52 feet and a central angle of 18' 50' 16"; thence along
the arc of said curve a distance of 32,39 feet to the point of reverse curvature of a
curve to the right, having a radius of 1027,48 feet and a central angle of 10' 35' 14";
thence along the arc of said curve a distance af 189,86 feet to the point of tangency;
thence South 63' 39' 12" East, 52,77 feet to the point of curvature of a curve to the
left, having a radius of 275.00 feet and a central angle of 4' 48' 41 "; thence along the
arc of said curve a distance of 23,09 feet to a point on said Northerly right of way line
of West Road; thence South 86' 38' 31" West, along said Northerly right of way line 29,00
feet to the point of curvature of a curve to the left, having a radius of 1195.91 feet and
a central angle of 4' 00' 30"; thence along the arc of said curve a distance of 83,67
feet to the Point of Beginning,
Said parcel contains 0,98 acres, more or less.
NOTES
Vanasse Hangen Brustlin, Inc.
135 W. Central Blvd" Suite 800
Orlando, FL 32801
407 8394006 · FAX 4078394008
Licensed Survey Business LB7153
Transportation
Land Development
Environmental Services
1. THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER,
2, THE LAND DESCRIPTION HEREON WAS WRITTEN BY THIS SURVEYOR AT THE DIRECTION OF THE CLIENT,
3, BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 22
SOUTH, RANGE 28 EAST, BEING NORTH 00'48'40" EAST, PER ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY
RIGHT OF WAY MAP, PROJECT NO, 75320-6460-602/603,
4, THIS SKETCH AND DESCRIPTION IS BASED ON A BOUNDARY SURVEY PERFORMED BY VHB, AND IS BASED ON LAST
DEEDS OF RECORD AS RESEARCHED BY VHB AND ON THE ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT
OF WAY MAP, PROJECT NO, 75320-6460-602/603, ADDITIONAL INFORM A TION AFFECTING THIS PROPERTY MAYBE
FOUND BY A SEARCH OF THE PUBLIC RECORDS,
CERTIFICATION
I HEREBY STATE THAT THIS SKETCH AND DESCRIPTION IS
TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE
AND BELIEF; AND THAT THIS SKETCH AND DESCRIPTION
MEETS THE MINIMUM TECHNICAL STANDARDS FOR
FLORIDA SURVEYORS AND MAPPERS, AS SET FORTH IN
CHAPTER 61 G-17 OF THE FLORIDA ADMINISTRATIVE
CODE, PURSUANT TO CHAPTER 472,027, FLORIDA
STATUTES,
Field By
Checked by BKH
Scale
I" = 100'
Project Title
EXHIBIT B-1
SKETCH & DESCRIPTION FEE SIMPLE
RIGHT-OF- WAY DEDICATION FOR
TEMPORARY REALIGNMENT WEST ROAD
For
the firm by;
Issued for
HALVORSEN
Pro ject Number
60929.00
Brian K, Hefner, P,S,M,
Professional Surveyor and Mapper
Florida License No, 5370
SHEET--1-0F~
.\........
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:f
PROPOSED
FOUNTAIN WEST
SHOPPING CENTER
EXISt'. WEST RfJ
EXISTING PAVEMENT
Proposed lone improvements for
the intersection of Ocoee-Apopka
Road and West Road/Ocoee Crown
Point Parkway;
OC Porous Pavement Standards
West Rood-West Bound
1 Left Turn Lone
1 Thru Lone
1 Right TurnjThru Lone
OC Permanent Pavement Standards
Ocaee-Apopka Rood-North Bound
1 left Turn Lane
1 Thru Lane
1 Right Turn lane
Ocoee-Apopko Rood-South Bound
1 Left Turn Lane
1 Thru Lane
\ ;masse Hangen Brusllin. Jnc.
~
Proposed Temporary Realignment Improvements
West Road & Ocoee Apopka Road
Ocoee,FL
o
60
120 Feet
Exhibit B
May 12,2006
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P;18D829,~-""'1'lo.d enn..........
EXHffiIT C
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-
R/W REQUIRED F'OR
TEMP. REAUGNUENT
0.98 lie;
AOO'L R/W REQUIRED FOR
PERMANENT REALIGNUENT
2.86 Ae;
\ ;111."", 11,111;':"/1 BnJ,lIlIl. 1m,
't
FtopoIcd E!D1Ilmcca
Pu<<urc Wcat RaId
Ocoee .FL
Exhibit C
Jauary 26. 2006
-
-
o 100 2IXl FNt
SEE SHEET 1 OF 2 FOR DESCRIPITON, CERTIFICATION, AND NOTES
CHURCH WEST PARCEL
WETLAND
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LIVING WATERS
CHURCH OF
OCOEE, INC.
CHURCH ADDITIONAL
W,O.R.Y. INVESTMENTS, l
R=1873,SO'
L=497,96'
D.=lS'13' 43"
CB=S82i9'5TE
CH=496.49'
KERR PARCEL
775,18'
POINT OF
BEGINNING
NORTH PARCEL
S89'56' 49"E
:J
~SOUTH LINE NW 1/4
SECTION 6-22-28
POINT OF
BEGINNING
SOUTH PARCEL
1022,87'
S86'38'31"W 1051,87'
NORTHERLY RIGHT OF WAY LINE
'-SOUTH LINE NE 1/4 SECTION 6-22-28
WEST RO~s POINT OF COMMENCEMENT
(RIGHT OF WAY VAR ) SOUTHEAST CORNER, NORTHEAST 1/4
SECTION 6, TOWNSHIP 22 SOUTH,
RANGE 28 EAST
CURVE TABLE
CENTRAL CHORD CHORD
CURVE LENGTH RADIUS ANGLE BEARING DISTANCE
C1 23.09' 27S,OO' 4'48'4'- N66'03'32"W 23,09'
C2 189.86' 1027.48' 10'35'14" N68'56' 49"W 189.59'
C3 32.39' 98,52' 18'50'16" N64'49'18"W 32,25'
C4 20.8S' 101.48' 11'46'13" N61 i 7'16"W 20.8"
CS 83,67' 1195.91' 4'00"30" S84 '38' 16" W 83,65'
C6 50,07' 1195,91' 2'23'56" S81'26'03"W 50.07'
C7 106,17' 2033.50' 2'59'29" N76'12'50"W 106,15'
C8 126,60' 984,S2' 7'22'03" S71'20'45"E 126,51'
N
LINE TABLE
LINE BEARING LENGTH
Ll N05'13'58"W 70.04'
L2 N63'39'12"W 52,77'
L3 N6T10'23"W 103,99'
L4 N74'43'06"W 62.73'
L5 N36'31'59"W 75,19'
L6 S05'l3'58"E 48,7S'
L7 S80'14'05"W 30,69'
L8 N07'26'05"E 18,12'
L9 N66'47'OT'E 21,71'
L10 S74'43'06"E 87.80'
L11 S78'05'31"E 203,59'
Scole
1" = 250'
Checked by
BKH
Field By
Project Title
o
I
250
500
EXIDBIT C-l
SKETCH & DESCRIPTION ADDmONAL
FEE SIMPLE RIGHT -OF-WAY FOR
PERMANENT REALIGNMENT WEST ROAD
SCALE IN FEET
Project Number
60929.00
SHEET~OF~
Vanasse Hangen Brustlin, Inc.
135 W. Central Blvd., Suite 800
Orlando, FL 32801
407 8394006 · FAX 407 8394008
Licensed Survey Business LB7153
Issued for
HALVORSEN
LEGAL DESCRIPTION
South Porcel,
SEE SHEET 2 OF 2 FOR SKETCH
\ porcel of lond locoted in the North holf of Section 6, Township 22 South, Range 28 Eost,
Jronge County, Florida. Said parcel being more particularly described as follows:
Commence at the Sautheast corner of the Northeast 1/4 of said Section 6; thence run Sauth 86' 38'
31" West, 1275,49 feet along the South line of said Northeast 1/4; thence leaving soid South line, run
North 05' 13' 58" West, 70,04 feet ta a point on the Northerly right of way line of West Road; thence
the following courses and distance along said Northerly right of way line, South 86' 38' 31" West,
1051.87 feet to the point of curvature of a curve to the left, having a rodius of 1195,91 feet and a
central angle of 4' 00' 30"; thence along the arc of said curve a distance of 83,67 feet to the Point
af Beginning; thence continue olong soid curve to the left, having a rodius of 1195.91 feet and 0
central angle of 2' 23' 56"; thence along the arc of said curve a distance of 50,07 feet to the point
of tangency; thence South 80' 14' 05" West, 30,69 feet; thence leaving soid Northerly right of way line,
run North OT 26' 05" East, 18.12 feet; feet to a point on a non-tangent curve concave Northeosterly,
having a radius of 2033,50 feet, a centrol angle of 2' 59' 29" and a chord af 106,15 feet that bears
North 76' 12' 50" West; thence along the arc of said curve a distance of 106,17 feet to the point of
tangency; thence North 74' 43' 06" West, 252,14 feet; thence North 66' 47' 07" East, 21.71 feet;
thence South 74' 43' 06" East, 87.80 feet; thence South 78' 05' 31" East, 203,59 feet to the point of
curvature of a curve to the right, having a radius of 984.52 feet and a central angle of T 22' 03";
thence along the orc of said curve 0 distance of 126.60 feet to the Point of Beginning
Said parcel contains 0,18 ocres, more ar less,
Vanasse Hangen Brustlin, Inc.
135 W. Central Blvd., Suite 800
Orlando, FL 32801
407 8394006 · FAX 407 8394008
Licensed Survey Business LB7153
Transportation
Land Development
Environmental Services
TOGETHER WITH;
North Parcel,
A parcel of lond located in the North half of Section 6, Township 22 South, Ronge 28 East, Orange County, Florida. Said parcel being more
particularly described os follows:
Commence at the Southeast corner of the Northeast 1/4 of said Section 6; thence run South 86' 38' 31" West, 1275,49 feet along the South
line of soid Northeast 1/4; thence leaving said South line, run North 05' 13' 58" West, 70,04 feet to the Point of Beginning, being a point on
the Northerly right of way line of West Road; thence South 86' 38' 31" West, along said Northerly right of way line 1022.87 feet to a point on
a non-tangent curve concave Northeasterly, having a radius of 275,00 feet, a central angle of 4' 48' 41" and a chord of 23.09 feet that
bears North 66' 03' 32" West; thence leoving said Northerly right of way line, nm along the arc of said curve a distance af 23,09 feet ta the
point of tongency; thence North 63' 39' 12" West, 52,77 feet to the point of curvature of a curve to the left, having a radius of 1027,48 feet
and a central angle of 10' 35' 14"; thence along the arc af said curve a distance of 189.86 feet to the paint of reverse curvature of a curve
o the right, having a radius of 98,52 feet and a central angle of 18' 50' 16"; thence along the arc of'said curve a distance of 32,39 feet to
the point of reverse curvature of a curve to the left, having a radius of 101.48 feet and a central angle of 11' 46' 13"; thence along the arc
of said curve a distance of 20,85 feet ta the point of tangency; thence North 6T 10' 23" West, 103.99 feet; thence North 74' 43' 06" West,
62.7.3 feet; thence North 36' 31' 59" West, 75,19 feet; thence South 74' 4.3' 06" East, 252.23 feet to the point of curvature of a curve to
the left, having a radius of 1873,50 feet and a central angle of 15' 13' 43"; thence along the arc of said curve a distance of 497,96 feet to
the point of tangency; thence South 89' 56' 49" East, 775,18 feet; thence South 05' 1.3' 58" East, 48.75 feet the Point of Beginning.
Said parcel contoins 2,68 acres, more ar less,
NOTES
1. THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER,
2. THE LAND DESCRIPTION HEREON WAS WRITTEN BY THIS SURVEYOR AT THE DIRECTION OF THE CLIENT,
3, BEARINGS SHOWN HEREON ARE BASED ON THE SOUT LINE OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 22 SOUTH,
RANGE 28 EAST, BEING SOUTH 86'38'31" WEST, PER ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY
MAP. PROJECT NO, 75320-6460-602/603,
4, THIS SKETCH AND DESCRIPTION IS BASED ON A BOUNDARY SURVEY PERFORMED BY VHB, AND IS BASED ON LAST DEEDS
OF RECORD AS RESEARCHED BY VHB AND ON THE ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP,
PROJECT NO, 75320-6460-602/603. ADDITIONAL INFORMATION AFFECTING THIS PROPERTY MAY BE FOUND BY A SEARCH
OF THE PUBLIC RECORDS. CERTIFICATION
Field By Checked by BKH I HEREBY STATE THAT THIS SKETCH AND DESCRIPTION
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE
AND BELIEF; AND THAT THIS SKETCH AND DESCRIPTION
MEETS THE MINIMUM TECHNICAL STANDARDS FOR
FLORIDA SURVEYORS AND MAPPERS, AS SET FORTH IN
CHAPTER 61 G-17 OF THE FLORIDA ADMINISTRATIVE
CODE, PURSUANT TO CHAPTER 472,027, FLORIDA
FEE SIMPLE RIGHT-OF-WAY FOR STA TUTES,
PERMANENT REALIGNMENT WEST ROAD
Scale
1" = 250'
Project Title
EXHIBIT C-l
SKETCH & DESCRIPTION ADDITIONAL
Issued for
HALVORSEN
For the firm by;
Project Number
60929.00
SHEET--1-0F~
Brian K, Hefner, P,S,M,
Professional Surveyor and Mapper
Florida License No, 5370
.
.
.
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EXHIBIT "D"
PERMITIED EXCEPTIONS
1. Annexation Agreement with the City of Ocoee. a Florida municipal corporation
recorded December 29. 1992, Official Records Book 4506, Page 330, of the Public Records of
Orange County, Florida.
2. Southwest Florida Water Management District Realigning The Boundaries of the
Oklawaba River Basin Resolution No. 653, recorded October 18, 1976, in Official Records Book
2735, Page 539, Public Records of Orange County, Florida.
3. Sewer Service Territorial Agreement recorded June 10, 1987, in Official Records
Book 3894, Page 1363, as modified by First Amendment to Orange County/City ofOcocc Sewer
Service Territorial Agreement recorded February 23, 1994, in Official Records Book 4702. Page
2589. of the Public Records of Orange County, Florida.
4. Water Service Territorial Agreement recorded November 23, 1988, in Official
Records Book 4034, Page 291. as modified in: Water Service Territorial Agreement recorded in
Official Records Book 4102. Page 367, and by First Amendment to Orange CountylCity of
Ocoee Water Service Territorial Agreement recorded in Official Records Book 4702. Page 2576.
of the Public Records of Orange COWlty, Florida.
S:.alat of Survey prepared by Vanasse Hangen BrostIin, Inc.. dated November 21. I
2005, unt:/Jcct No. 60929.00 discloses the following: -r
a. Proposed new West Road right-o{~way.
- I -