The URL can be used to link to this page

Home My WebLink AboutItem # 11 Ocoee Pines - Annexation Ordinance AGENDA ITEM COVER SHEET Meeting Date: November 7,2006 Item # II -ui Contact Name: Contact Number: J. Antonio Fabre, AICP 407-905-3100 X 1019 Reviewed By: Department Director: City Manager: Subject: Ocoee Pines (AKA: Whispering Pines) - Annexation Ordinance Project # AR 04-08-21 Background Summary: Ocoee Golf, LLC, the applicant, is requesting annexation of the subject property into the jurisdictional boundary of the City of Ocoee. The subject property includes approximately 101 acres of land and is generally located northwest of Clarcona-Ocoee Road and southeast of Forest Lake Golf Course. The property is vacant, wooded and undeveloped. The property essentially is a remnant of a historic (circa 1920s) mobile home park (West Orange Park) that was never developed. On August 8, 2006, the property was re-platted under the Orange County jurisdiction as "Ocoee Pines". This plat dedicated significant right-of-way for the future Clarcona-Ocoee Roadway realignment. Issue: Should the Honorable Mayor and City Commission approve the Annexation of +/-101 acres parcel of land known as "Ocoee Pines"? CONSISTENCY WITH STATE & LOCAL REGULATIONS: State of Florida: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create an enclave. The north and west limits of this property touches the Forest Lake Golf Course and to the northeast is Ingram Trails residential subdivision both of which are in the City limits. The two small parcels have access easements provided by Plat. The City eventually plans to condemn these two parcels and annex them into its corporate limits. The subject property is considered contiguous to the City of Ocoee and, therefore, eligible for annexation. Joint Plannina Area Aareement: The subject property is located within the Ocoee-Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. The applicant is not requesting rezoning at this time. Orange County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee-Orange County Joint Planning Area Agreement. Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states in part, "The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits, when services can be properly provided, and when proposed uses are compatible with the City's Comprehensive Plan, the JPA Aareement. and the City's Annexation Policy...." [Emphasis added] Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impacts of the proposed use and size of the parcel, Staff determined that the urban services could be adequately provided to the subject property. Should the property owners choose to develop the property in the future; however, they will be required to make certain improvements in accordance with the Land Development Code. (See attached "Annexation Feasibility Analysis") Annexation Aareement: The Annexation Agreement consists of standard provisions for annexation into the corporate limits of the City and it also addresses the Developer's responsibility for paying for the Condemnation Costs of the two outparcels. Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. Upon annexation, the property will assume a Low Density Residential Land Use per the JPA Agreement and the City of Ocoee Comprehensive Plan. Recommendations: DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: On September 18, 2006, the DRC met to determine if the proposed annexation was consistent with the City's regulations and policies. Based on the above analysis and subsequent discussions, the DRC recommended approval of the annexation of Ocoee Pines as presented. PLANNING AND ZONING COMMISSION RECOMMENDATION: The proposed Annexation of Ocoee Pines property was reviewed at a Public Hearing by the Planning and Zoning Commission on October 10, 2006. Staff presented the Annexation of the Ocoee Pine property. City Staff answered several questions regarding the future roadway (Clarcona-Ocoee Road) realignment and the future anticipated residential zoning and subdivision plans. All of the questions were addressed appropriately in the P&Z meeting. There was no one from the public to speak regarding this request. After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend approval of the Annexation of the +/-101 acres parcel of land known as "Ocoee Pines". STAFF RECOMMENDATION: Based on DRC and P&Z recommendations, Staff recommends that the Mayor and City Commissioners approve an Ordinance for Annexation of the +/-101 acres parcel of land known as "Ocoee Pines". Attachments: Location Map Surrounding Future Land Use Map Surrounding Zoning Map Annexation Feasibility Analysis Report Annexation Ordinance Annexation Agreement Financial Impact: No Impact Type of Item: X Public Hearing Ordinance First Reading X Ordinance Second Reading Resolution X Commission Approval Discussion & Direction For Clerk's Deof Use: Consent Agenda X Public Hearing Regular Agenda X Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by N/A N/A N/A Ocoee Pines Location Map li ! J~ ; i I- - - I - ~.t~ \- - - I ..-~~.,_ '" ~~ .-.-.- i"f en ~~~ "- - ~ r-- .=~T?(l ~ ~-- (I" .j, i I I I,.' ! !I j U J II. \ _ _ _ _ - (it' ",,' I } ~ fii "" ' h V' , 1./ I '" r i I! ~l l~;~ T 4 'If! ~ IT ,.,,,,/':;1. I P {'fl .. : ",/.;' .' Tr 11 l At:~~~~,/ :y.4' #V /' IlT <<i1/,'/ ::; II r /W:f' <4';""/ / ~ ' TJuLES U~f ~ ,/ V r. /f' > ,/,' I T LAKE MEADOV1 ~ ~ L ~ l' ... ,- I IL I l- I ~T ~ en hf'1"I 'r- w I :> tHEJJIIj~ T J I I I ~mbTIIT1J ~ I~I~'LD ~m~~rll II 1111' _, u ~ r bI,lef d." I I 7 I - ~ 0 LAKE MEADD" I I I = \ I -J I ~ /( T T ] roT II J,,'~d1 11111111 1 IT IT T I ""EMEADD" 9 TIIIII-"IIITIJ 1=lrF~- -I I __ ~~ , __ '6TH Illll I III t=~ t== = ~ u =;=5 I en ~ r I ~)== t= ~~ (J) t=t: -r:.\ I I I I~ '- 9 centet of Good 1.J ~ Ocoee Community Development Department 1 inch equals 800 feet 240120 0 240 480 720 Feet Printed: September 2006 C Subject Property rrm Unincorporated Territory ~ and Other Municipalties r:: Low Density Residential _ Medium Density Residential _ High Density Residential _ Professional Offices and Services _ Commercial _ Light Industrial _ Heavy Industrial _ Conservation/Floodplains _ Recreation and Open Space _ Public Facilitiesllnstitutional Lakes and Water Bodies Ocoee Pines Future land Use Map , I- en I.U 5: Q Ocoee Communrty Development Department 1 inch equals 800 feet 270135 0 270 540 810 Feet Printed: October 2006 C Subject Property r"'I""l""I Unincorporated Territory ~ and Other Municipalties Zoning Classification: General Agricultural (A-1) _ Suburban (A-2) Single-Family Dwelling (R-1AAA) Single-Family Dwelling (R-1AA) r: Single-Family Dwelling (R-1A) _ Single-Family Dwelling (R-1) _ One- & Two-Family Dwelling (R-2) _ Multiple-Family Dwelling (R-3) _ Mobile Home Subdivision (RT-1) _ Professional Offices & Services (P-S) _ Neighborhood Shopping (C-1) _ Community Commercial (C-2) _ General Commercial (C-3) _Restricted Manufacturing & Warehousing (1-1) _ General Industrial (1-2) IllIl Commercial (PUD) 00 Low Density (PUD) _ Medium Density (PUD) m High Density (PUD) _ Public Use (PUD) :/ // Unclassified Lakes and Water Bodies Ocoee Pines Surrounding Zoning Map ~ I' '<t" ' Cl'I'",','.,," <(, 0' 0::; l1J I- , ;'E , (J) ~' R-1AA LAKE MEADO R-1A I- (J) l1J $ CITY OF OCOEE ANNEXATION & FEASIBILITY ANALYSIS CASE NUMBER: AR-04-08-21 ApPLICANT NAME: Ocoee Golf, LLC & others PROJECT NAME: OCOEE PINES (AKA: WHISPERING PINES) This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual properties. Each department has filled in the appropriate section and the findings are summarized below. II. PLANNING DEPARTMENT Antonio Fabre, AICP I Same B. Property Location 1. General Location: North & East of Clarcona-Ocoee Road, and South & West of Forest Lake Golf Course. 2. Parcel Identification Number: 05-22-286432-00-003, 05-22-28-6432-00-004, et. al. 3. Street Address: n/a 4. Size of Parcel: +/-101 acres c. Vacant Single- & Townhome Residential Subdivision Approx. 4 dwelling units/acre (gross) 1,029 Low Density Residential (Rural) Agriculture "Citrus Rural" (A-1) Low Density Residential Planned Unit Development (PUD) E. Yes Yes I II. FIRE DEPARTMENT Chief Ron Strosnider 1. Estimated Response Time: 3-5 minutes 2. Distance to Property: 2.8 miles from Station 28 on Clarke Road 3. Fire Flow Requirements: 500 gpm. Page 1 of 3 Applicant Name: Ocoee Golf LLC & others Project Name: Ocoee Pines (AKA: Whispering Pines) Case #: AR-04-08-21 111I. POLICE DEPARTMENT Chief steve Goclon 1. Police Patrol Zone / Grid / Area: North Zone/Gird 78A 2. Estimated Response Time: 3-5 minutes for emergencies. 3. Distance to Property: Approx. 2.5 miles 4. Averaae Travel Time 7-10 minutes normal drive time. I IV. ECONOMICVALUE Antonio Fabre, AICP 1. Property Appraiser Taxable Value: Unknown, due to the large number of parcels assembled for this proiect. 2. Property Appraiser Just Value Same as above. 3. Estimated City Ad Valorem Taxes: Same as above. 4. Anticipated Licenses & Permits: Same as above. 5. Potential Impact Fees: Same as above. 6. Total Proiect Revenues: Same as above. V. BUILDING DEPARTMENT 1. Within the 100- ear Flood Plain: Antonio Fabre, AICP No I VI. UTILITIES David Wheeler, P.E. IA. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: Yes 4. Location and Size of 8-inch line west of West Road and 6-inch on Croomia Nearest Water Main: Court; 1 block south and parallel to Clarcona-Ocoee Rd. I B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: Yes 4. Location and Size of 8-inch gravity main on Croomia Court; 1 block south Nearest Force Main: and parallel to Clarcona-Ocoee Rd. 5. Annexation Agreement Needed: Yes I C. Other 1. Utility Easement Needed: Yes 2. Private Lift Station Needed: Yes 3. Well Protection Area Needed: No Page 2 of 3 Applicant Name: Ocoee Golf LLC & others Project Name: Ocoee Pines (AKA: Whispering Pines) Case #: AR-04-08-21 I VII. TRANSPORTATION Ahtonio.Fabre, AICP 1. Paved Access: Yes 2. ROW Dedication: Yes, for the Clarcona-Ocoee Road re-alignment and widening. According to "Construction Plans for Clarcona-Ocoee Road from Ocoee-Apopka to East of Clarke Road", date stamped 12/04/02, the right-of- way needed will be 130 feet or 65 feet from centerline. 3. Traffic Study: Yes 4. Traffic Analvsis Zone: 543 VIII. PRELIMINARY CONCURRENCY EVALUATION Antonio Fabre, AICP At this time, adequate transportation capacity exists; however, this condition A. Transportation: may change and will be subject to a concurrency evaluation during the site Ian a roval rocess. At this time, adequate park/recreation capacity exists; however, this condition B. Parks I Recreation: may change and will be subject to a concurrency evaluation during the site Ian a roval rocess. At this time, adequate water/sewer capacity exists; however, this condition C. Water I Sewer: may change and will be subject to a concurrency evaluation during the site plan approval process. Any extensions will be the responsibility of the a Iicant. The applicant will be required to handle the stormwater on-site, according to D. Stormwater: the City Code and the St. Johns River Water Management District re ulations. At this time, adequate solid waste capacity exists; however, this condition may E. Solid Waste: change and will be subject to a concurrency evaluation during the site plan a roval rocess. Actual impact fees will be calculated during the site plan approval process. F. Impact Fees: I IX. SITE SPECIFIC ISSUES All Departments I n/a I X. CONSISTENCY WITH STATE REGULATIONS: Antonio Fabre, AICP I The proposed annexation meets Ch. 171 requirements since access is provided to two small lots by recorded (Ocoee Pines) Plat. Page 3 of 3 ORDINANCE NO. (Annexation Ordinance for Ocoee Pines) T AX PARCEL ID #s 05-22-28-6432-00-003. 05-22-28-6432-00-004. 05-22-28-6432-00-005. 05-22-28-6432-00-006. 05-22-28-6432-00-007. 05-22-28-9152-02-260 and 05-22-28-9152-22- 280. CASE NO. AR-04-08-21: OCOEE PINES AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 101.66 ACRES LOCATED NORTH AND WEST OF CLARCONA-OCOEE ROAD, AND TO THE EAST OF FOREST LAKE GOLF COURSE PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain real property located in unincorporated Orange County, Florida, as hereinafter described, has 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 WHEREAS, notice of the proposed annexation has been published pursuant to the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of Chapter 180 of the Code of Ordinances of the City ofOcoee (the "Ocoee City Code"); and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement (the "JP A Agreement") which affects the annexation of the real property hereinafter described; and WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be ORLA_ 424875.1 -1- consistent with the lP A Agreement, as amended, 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. 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" 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 as 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 lP A Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the lP A Agreement, and the Ocoee City Code. 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. ORLA_ 424875.1 -2- 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 passage and adoption. Thereafter the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the Florida Department of State within seven (7) days from the date of adoption. PASSED AND ADOPTED this _ day of ,2006. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2006 ADVERTISED AND READ FIRST TIME , 2006. READ SECOND TIME AND ADOPTED ,UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney ORLA_ 424875.1 -3- EXHIBIT" A" Legal Description - "Ocoee Pines" A portion of Section 5, Township 22 South, Range 28 East, Orange County, Florida, and a Replat of a portion of West Orange Park, according to the Plat thereof, as recorded in Plat Book M, Pages 1,4 and 5 of the Public Records of Orange County, Florida, being more particularly described as follows: Commence at the South 1/4 corner of said Section 5; thence run N 00033'46" E, along the North-South center section line of said Section 5, a distance of 1417.48 feet to the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of said Section 5; thence run N 00015'45" E, along the West line of said West Orange Park, a distance of 541.00 feet to the POINT OF BEGINNING; thence continue to run N 00015'45" E, along the West line, a distance of 875.64 feet; thence run N 02047'38" E, along said West line, a distance of 1381.02 feet to the North line of said West Orange Park; thence run S 8rOO'58" E, along said North line, a distance of 1323.24 feet; thence run S 8r02'32" E, along said North line, a distance of 1328.25 feet; thence departing said North line, run S 02014'23" W, a distance of 106.50 feet; thence run S 73028'15" W, a distance of 448.75 feet; thence run S 02019'19" W, a distance of 180.78 feet; thence run S 88005'37" E, a distance of 125.05 feet; thence run S 02011 '03" W, a distance of 104.00 feet; thence run N 88005'44" W, a distance of 150.17 feet; thence run S 02014'58" W, a distance of 154.01 feet; thence run N 88005'39" W, a distance of 200.09 feet; thence run S 02015'12" W, a distance of 258.01 feet; thence run S 88005'44" E, a distance of 50.35 feet; thence run S 02014'23" W, a distance of 104.00 feet; thence run N 88005'44" W, a distance of 75.00 feet; thence run S 02014'23" W, a distance of 283.00 feet; thence run S 88005'44" E, a distance of 11.04 feet; thence run S 00010'05" W, a distance of 943.27 feet; thence run N 89008'55" W, a distance of 166.44 feet; thence run N 00011 '55" E, a distance of 272.02 feet; thence run N 89008'55" W, a distance of 498.87 feet; thence run S 00017'22" W, a distance of 400.44 feet; thence run S 89047'57" W, a distance of 550.00 feet; thence run S 00017'22" W, a distance of 258.00 feet to a point on the North right of way line of Clarcona-Ocoee Road; thence run S 89047'57" W, along said North right of way line, a distance of 100.00 feet; thence departing said North right of way line, run N 00017'22" E, a distance of 516.00 feet; thence run S 89047'57" W, a distance of 685.82 feet to the POINT OF BEGINNING. Less and except Lots 1 and 2, Block 9, Lots 47 and 48, Block 26 and Park Lying North of Block 6, all being in said West Orange Park. Also less and except Tract "B", Ocoee Pines, as recorded in Plat Book 66, Pages 94 and 95 of the Public Records of Orange County, Florida. Containing 101.66 acres, more or less. ORLA_ 424875.1 -4- ORLA_ 424875.1 ~ ~ I I dll}lRc'"" .~^' '" _ ~lli J Ilv~J,I,Jc III ~~E~mt=t~ ~ EHffiJ [ll][2] ~ ~ tnIj m ~ ~nTTlT1nnrn IIII! \ OP=1~ ffiffiS ~ EHlffiHB~ _ 0 "" KE<"<> lJITLIIIIJ 1)-(11 I II I~\ l~ IdB I \ 1\ J I \ U EMEADO\Il e 11111111\1~llllEOI .a:_~==~~ff~_ IfrH II ,I I I "-8 I ~ -k f-== d; .--rn f- 1 \ ~- .;;; -~ f-,.... Z I L r:: f- f-- d' f- l- I L r- / ~ f-~ f-t- f--{: 1. I I~I I- EXHIBIT "B" Ocoee Pines Location Map ::." ' ~rJl , , ---- ~ ., ~ ~ ~ I~ tL .-; ~ ~ g Ihti L -5- . ~? ~:~~ ~ 00 .. rr '"GIlA/i I r I II II I I ! I $Clill~~N :.. I r I "- IJU ES[ I ... II~ LL.=:J ,- IlL I I.A KE MEADOIiI I I THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: PREPARED BY: Nicholas N, PalrneJ, Esq. FOLEY & L.ARDNER LLP III North OzangeAvenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 RETURN 10: Beth Eikenberry, City Clerk CIIY OF OCOEE 150 N, Lakeshore Drive Ocoee, FL 34761 (407) 905-3100 ANNEXATION AGREEMENT (OCOEE PlNES) TIDS ANNEXATION AGREEMENT (this "Agreement") is made and entered into as of the _ day of ,2006 (the "Effective Date") by and between OCOEE GOLF, LLC, a FIOlida limited liability company, whose mailing address is 950 South Winter Park Drive, Suite 350, CasselbellY, FlOlida 32707 (hereinafter referred to as the "Developer"), THE ESTATE OF GENEVA WILLIAMS, deceased, whose mailing address is 2265 B. Green Rd" Boston, Georgia31626 (hereinafter referred to as the "Williams Estate") (t4e "Developer" and the "Williams Estate" are sometimes collectively refeII'ed to as the "OWher"), and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager (hereinafter referred to as the !ICity"), W!TNE~~ETH: WHEREAS, Developer owns fee simple title to certain lands located in Orange County, Florida said lands being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Developer's Property"); and WHEREAS, Williams Estate owns fee simple title to certain lands located in Orange County, FlOIida said lands being more particularly described in Exhibit "B" attached hereto and by this reference mad a part hereof (hereinafter referred to as the "Williams Estate Property"); and WHEREAS, the Developer's Property and the Williams Estate Property together ar'e more particularly described in Exhibit "C" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, pmsuant to Section 171044, FloIida Statutes, the Owner has petitioned the Ocoee City Commission to voluntarily annex certain land, including the Property, into the corpOlate limits of the City (the "Petition"); and WHEREAS, the Planning and Zoning Commission has held a public hearing to review the Petition and at such hearing found the annexation of the Property to be consistent with the Ocoee Comprehensive Plan and Joint Planning Area Agreement between the City and Orange County (the "JPA Agreement"), and has recommended that the Ocoee City Commission annex the Propetty into the corporate limits of the City; and "WHEREAS, the City has required the execution of this Agreement as a condition precedent to the consideration of the Petition by the Ocoee City Commission; and WHEREAS, the City has determined that the execution of this Agreement is essential to the public health, safety and welfare and the ability of the City to plan for proper traffic circulation in the vicinity of the Property in accordance with the Ocoee Comprehensive Plan; and WHEREAS, the City has determined that, subject to the terms, conditions and limitations hereinafter set forth, it is feasible to extend municipal services to the Property on the same terms and conditions afforded to all property O'\\-llers vvithin the City except to the extent set forth in this Agr'eement; and WHEREAS, the City has conducted an Annexation Feasibility & Public Facilities Analysis with respect to the annexation of the Property and determined that this Agreement and the annexation of the Property is consistent with the goals, objectives and policies of the Ocoee Comprehensive Plan; and WHEREAS, pursuant to the Petition of the Owner, on . 2006 the Ocoee City Commission apPIOved Ordinance No, 2006. annexing certain land, including the Property, into the corporate limits of the City (the "Annexation Ordinance"); and \VHEREAS, the Owner and the City desire to execute this Agreement in order to fully comply with the provisions of the Ocoee Land Development Code; and NOW~ THEREFORE, in considemtion of the premises and other good and valuable considemtions exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. by this reference. Recitals The above recitals are tlUe and correct and incorporated herein Section 2. Annexation of the Property, Contemporaneously ''vith the execution of this Agreement by the City, the Ocoee City Commission has adopted the Annexation Ordinance, thereby redefIning the corporate tenitorial limits of the City to include all of the Property" Section 3. Appropriated Property, Within ten (10) days of the Effective Date, the City agrees to commence, to the extent permitted by law, an eminent domain proceeding (the - 2 - "Condemnation") against the fee simple title owner(s) of certain real property located in Orange County, Florida, such property being more particularly described on Exhibit "D" attached hereto and by tbis reference made a palt hereof (the "Appropdated Property") Ownet \vill pay to the City, within thirty (30) days of written request therefor by the City, all actual costs and expenses of the City related to the Condemnation, including but not limited to compensation to the fee simple title owner(s), City's attomeys' and legal assistants' fees and costs, fee title owner(s), attorneys' fees and legal assistants' fees and costs and court costs incurred in cOIDlection with the Condemnation, regaldless of the outcome or fmal order of the Condemnation (the "Condemnation Costs"). Within thirty (30) days of the Effective Date, Owner will pay to City a deposit to be applied toward the Condemnation Costs in the amount of THIRTY THOUSAND AND NOflOO DOLLARS ($30,00000) (the "Deposit")" The amount of the Deposit represents a good faith estimate by the City of the total anticipated Condemnation Costs. The Deposit will be held by the City and may be co-mingled with any other funds of the City The City may apply the Deposit towalds any Condemnation Costs as it deems desirable.. The City will use its best efforts to acquire the Appropriated Property pursuant to the terms of this Section, however, the City makes no representation or wananty as to whether it has the requisite authority or purpose to undertake the Condemnation and does not warrant, guarantee or predict a particular outcome of such proceedings., Nothing contained herein shall be construed to probibit the Owner from voluntarily seeking to acquire title to the Appropriated Property" lathe extent City acquires fee simple title to the Appropriated Property, the Final Subdivision Plan for the Property will reflect the City's ownership of the Appropriated Property and indicate that it ""ill serve a public purpose. Section 4. Notice: Proper Form. Any notice delivered with respect to this Agreement shall be in Wliting and be deemed to be delivered (whether or not actually received) when (i) hand delivered to the other party at the address appealing on the first page of this Agreement, or (ii) when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the party's name below, or such other person or address as the party shall have specified by written notice to the other party delivered in accordance herewith Developer: Ocoee Golf; LLC 950 South Wintet Park Drive, Suite 350 Casselbeny, Florida 32707 Copies to: Jason W. Searl, Esq Jason W Searl, PA 1518 Mount Vemon Street OIlando, Florida 32803 Owner: The Estate of Geneva Williams, deceased 2265 B. Green Rd.. Boston, Georgia 31626 City: City of Ocoee Attn: City Manager 150 North Lakeshore Drive - 3 - Ocoee, FlOIida 34761 Copies to: Paul E Rosenthal, Esq Foley & Lardner LLP 111 N. Orange Avenue, Suite 1800 Orlando, Florida 32801 Section 5. Covenant Runnme with the Land, This Agteement shall run with the Property and inure to and be for the benefit of the parties hereto and their respective successors and assigns and any person, firm, corporation, or entity who may become the successor in interest to the Property or any pOItion thereof. Section 6. Recordation of M!reement. The parties hereto agtee that an executed original of this Agreement shall be recorded, at the Owner's expense, in the Public Records of Orange County, FlOIida, The City will, from time to time upon request of the Owner, execute and deliver letters affuming the status of this Agreement. Section 7. Applicable Law" This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of FlOIida, Section 8. Time of the Essence, Time is hereby declared of the essence to the lawful perfOImance of the duties and obligations contained in this Agt'eement Section 9. Agreement; Amendment, This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof Amendments to and waivers of the provisions of this Agt'eement shall be made by the parties only in 'Miting by formal amendment. Section 10. Further Documentation, The parties agtee that at any time following a request therefO! by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder, Section 11. Specific Performance.. Both the City and the Owner shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance, Section 12. Attorneys' Fees, In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agteement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, legal assistants' fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment -,4- Section 13. Counterparts, This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument Section 14. Captions, Captions of the Sections and Subsections of this Agreement ar'e for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplifY OI aid in the interpretation, construction, or meaning of the provisions of this Agreement. Section 15. Severability If any sentence, phrase, paragraph, provision, or pOItion of this Agreement is for any reason held invalid or unconstitutional by any cowt of competent jurisdiction, such pOItion shall be deemed a sepmate, distinct, and independent provision and such holding shall not affect the validity of the remaining pOItion hereof. Section 16. Effective Date" The Effective Date of'this Agreement shall be the day and year first above written, which shall be the day and year this Agreement is approved by the Ocoee City Commission. [SIGNATURE PAGES TO FOLLOW] - 5 - IN WITNESS 'VHEREOF, the DevelopeI, the Williams Estate and the City have caused this instIllment to be executed by then duly authOIized officeIs as of the day and year fust above v\lIitten. Signed, sealed and delivered in the presence of DEVELOPER: ~ ' );intN=e h;-~l" ~ I ~ . _A--? C. Print Name ~{/"'NS A- HCT.-D ~ OCOEE GOLF, LLC, a Florida limited liability company BY:~ Name: Title: y ~X\ STATE OF A"r;J" COUNTY OF SeflAi'w It I HEREBY CERTIFY that on this day, before me, an officer dul .authpliz d in the Stat.Mm d County aforesaid to take acknowledgments, personally appeared _ k ~1, as / f l;:l~/ of OeOEE GOLF, LLC, a Florida limited liability company w 0 ~ is ,perso ally known to me or ~ produced as identification, and that he acknowledged executing the same in the presence of two subsclibing witnesses, fieely and volunta1ily, for the uses and pUIposes therein expressed.. \VITNESS my hand and official seal in the County and State last aforesaid this 2. t day of Dc ~ lx..r , 2006.. ~,? fi~ ~ //#'( ~ ~gna~ ofNotaIX ''l-- -.j ~~S .fIll 'JO'~S Name of Notary (Typed, PIinted 01 Stamped) 1/) =~'=OD33ea ~..,./ Explm July 08, 2008 Commission Numbel (if not legible on seal): My Commission Expires (ifnot legible on seal): - 6- Signed, sealed and delivered in the presence of THE WILLIAMS ESTATE: THE ESTATE OF GE~'EV A WILLIAMS, deceased Print Name By: Name: Title: PIint Name STATE OF COIJNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , as of THE ESTATE OF GENEVA WILLIAMS, deceased, who [--1 is personally known to me or LJ produced as identification, and that he acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily, fOI the uses and purposes therein expressed., WITNESS my hand and official seal in the County and State last aforesaid this _ day of , 2006., Signatme of Notary Name of Notary (Typed, Printed 01 Stamped) Commission Number (if Dot legible on seal): My Commission Expires (if not legible on seal): - 7 - CITY : Signed, sealed and delivered in the presence of: CITY OF OCOEE, FLORIDA Print Name: By: S, Scott Vandergrift:, Mayor Attest: Print Name: Beth Eikenbeny, City Clerk FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. Approved as to form and legality this day of , 2006. (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attomey STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and BETH EIKENBERRY. personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntatily under authOIity duly vested in them by said municipality 'VITNESS my hand and official seal in the County and State last aforesaid this _ day of , 2006, Signature of Notary Name of Notary (Typed, Printed 01 Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): - 8 - JOINDER AND CONSENT TO ANNEXATION AGREEMENT T he undersigned hereby ceitifies that it is the holder of a mOItgage, lien or other encumbrance upon the above described property wid heIeby joins in and consents to this Annexation Agreement by the o\.vner thereof Signed, se. aled ~~"de1-1ed in the presence of: 'f! 1-:-; ilL- ;' ~V'/1v0 {l 1"\ .} -1-/ WItness Name:. I a (e (" flk:) PEOPLES FIRST COMMUNITY BANK, A FLORIDA~.oRPORA,~Jcr /(y 7 By: L~~aw ! '~~(=-+~C- NORMAN P l~;;.MPSON'VR, CIIYPRESm~ ~7--- ~- Witness Name; v7e/?/1/,t:;,.. 5 Inn€.... State of Florida County of Seminole THIS IS TO CERTIFY, tbat on /0. 25 . O~ , before me, an officer duly authorized to take acknowledgements in the State and County aforesaid, personally appeared Norman P. Thompson, II , City President of the above named Corporation, mCOIpomted under the laws of the State of F 101 ida, personally known to me as he individual and officer described in who and who executed the foregoing instrument and severally acknowledged the execution thereof to be his fee act and deed as such officer thereunto duly authorized; that the official of said Corporation is duly affixed thereto; and who did not take oaths. IN WITNESS WHEREOF, I bave hereunto set my hand and seal on the above date. "~~\:.:-'::t~,, JENNIFER STONE , .:"'\ Notary Public" State of FIorlcta ~. . .~CoI...IIs:iIu.,c-a-.Sep8 ~ ~U"... << ~z ~.c.wwu \::'''0' ,,):JI~~.'" Commission /1 DO 353106 '"h''''' BondedSyNaftonaINofaryAan. ~ - ~~ /Nota1~ Plinted Name: 7~a.. rer S Ion C'- [Notary Seal] My Commission Expires: - 9 ~ JOINDER AND CONSENT TO ANNEXATION AGREE11ENT The undersigned hereby certifies that it is the holder of a mortgage, lien or other encumbrance upon the above described property and hereby joins in and consents to this Annexation Agreement by the owner thereof. Signed, sealed and delivered in the presence of: 4I(~ MARaNDA HOMES, INe.. OF FLORIDA, A FLORIDA CORPORATION ,jn1L f1v;'j _ danu-ld. d~ Witness ~e: Jc..ne J3. t;;,~_ Witness Name: By: State of Florida County of Seminole THIS IS TO CERTIFY, that on Oc.lobe.r .zS. ~O()(, , before me, an officer duly authorized to take acknowledgements in the State and County" aforesaid, personally appeared Wayne Von Dl'eele, President of the above named Corporation, inCOlporated under the laws of the State of Florida, personally kno\'\'J1 to me as he individual and officer described in who and who executed the foregoing instrument and severally acknowledged the execution theleofto be his fee act and deed as such officer thereunto duly authorized; that the official of said Corporation is duly affixed thereto; and who did not take oaths IN WIINESS WHEREOF, I have hereunto set my hand and sea on the above date 0. J~ [Notary Seal] Printed Name: cJ;;,~:8. -;:;;~sf . ~\~~'" JANE B. FOREST .GJ A 'lot NoIaIy PubIle . Slate 01 Florida :. . ~ CommlsSlOn Expires Sep 30, 2009 · ~ Commisslon 1# DO 436272 I . .....r:r,.~ Bonded 8)' National Notary Assn. My Commission Expires: Sep. 30,2001 ~ - 10.. EXHmIT "A" THE DEVELOPER'S PROPERlY A portion of Section 5, TO\VIlShip 22 South, Range 28 East, Orange County, FlOIida, and a Replat of a pOItion of West Orange Park, according to the Plat thereof~ as recorded in Plat Book M, Pages 1, 4 and 5 of the Public Records of Orange County, Florida, being more particularly described as follows: Commence at the South 1/4 corner of said Section 5; thence !Un N 00033'46" E, along the NOlth- South center section line of said Section 5, a distance of 141748 feet to the Southwest comer of the Northwest 1/4 of the Southeast 1/4 of said Section 5; thence run N 00015'45" E, along the West line of said West Orange Park, a distance of 54100 feet to the POINT OF BEGThTNlNG; thence continue to run N 00015'45" E, along the West line, a distance of 875..64 feet; thence run N 02047'38" E, along said West line, a distance of 138L02 feet to the North line of said West Orange Park; thence run S 8]000'58" E, along said North line, a distance of 132324 feet; thence rUll S 87002'32" E, along said North line, a distance of 132825 feet; thence departing said North line, rUll S 02014'23" W, a distance of 106.50 feet; thence run S 73028115" W, a distance of 448.75 feet; thence run S 02019'19" W, a distance of 180.78 feet; thence run S 88005'371T E, a distance of 12505 feet; thence run S 02011'03" W, a distance of 104.00 feet; thence run N 88005'44" W, a distance of 150.17 feet; thence tun S 02014'58" W, a distance of 15401 feet; thence run N 88005'39" W, a distance of 200.09 feet; thence run S 02015'12" W, a distance of 258.01 feet; thence run S 88005'44" E, a distance of 5035 feet; thence lun S 02014'23" W, a distance of 104..00 feet; thence rUll N 88005'441T W, a distance of 75.00 feet; thence run S 02014'23" W, a distance of28.3.00 feet; thence run S 88005'44" E, a distance of 1 L04 feet; thence !Un S 00010'05" W, a distance of 943 27 feet; thence run N 89008'55" W, a distance of 16644 feet; thence rUll N 00011'55" E, a distance of272.02 feet; thence run N 89008'55" W, a distance of 49887 feet; thence run S 00017'22" W, a distance of 400.44 feet; thence run S 89047'57" W, a distance of 550.00 feet; thence !Un S 00017'22" W, a distance of 25800 feet to a point on the North light of way line of Clarcona-Ocoee Road; thence run S 89047'57" W, along said North right of way line, a distance of 10000 feet; thence departing said North right of way line, lUll N 00017'22" E, a distance of516.00 feet; thence run S 89047'57" W, a distance of685..82 feet to the POINT OF BEGINNING. Less and except Lots 1 and 2, Block 9, Lots 28 and 29, Block 22, Lots 47 and 48, Block 26 and Park Lying NOIth of Block 6, all being in said West Orange Park. Also less and except Tract "B", Ocoee Pines, as recorded in Plat Book 66, Pages 94 and 95 of the Public Records of Orange County, Florida. ~ 11 .. EXHIBIT "B" THE WILLlAl\fS ESTATE PROPERTY Lots 28 and 29, Block 22, West Orange Pmk, according to the Plat theIeof as recorded in Plat Book M, Pages 1, 4 and 5, Public Records of Orange County, Florida. - 12- EXHIBIT "C" THE PROPERlY A portion of Section 5, Township 22 South, Range 28 East, Orange County, FlOIida, and a Replat of a portion of West Orange Park, according to the Plat thereat as recorded in Plat Book M, Pages 1, 4 and 5 of the Public Records of Orange County, Florida, being more particularly described as follows: Commence at the South 1/4 corner of said Section 5; thence mn N 0.0033'46" E, along the North- South center section line of said Section 5, a distance of 141748 feet to the Southwest comer of the Northwest 1/4 of the Southeast 1/4 of said Section 5; thence run N 00.015'45" E, along the West line of said West Orange Park, a distance of 54100 feet to the POINT OF BEGINNING; thence continue to rUll N 0.0015'45" E, along the West line, a distance of 875.64 feet; thence run N 02047'38" E, along said West line, a distance of 1381.02 feet to the North line of said West Orange Park; thence run S 87000'58" E, along said North line, a distance of 132324 feet; thence rUll S 87002'32" E, along said North line, a distance of 1328..25 feet; thence departing said North line, rUll S 02014'23" W, a distance of 10650 feet; thence rUll S 73028'15" W, a distance of 448.75 feet; thence run S 02019'19tr W, a distance of 180,78 feet; thence rUll S 88005'37" E, a distance of 12505 feet; thence mn S 02011'0.3" W, a distance of 104,0.0 feet; thence rUll N 88005'44" W, a distance of 150 17 feet; thence rUll S 02014'58" W, a distance of 154.01 feet; thence run N 88005'39" W, a distance of 200,09 feet; thence run S 02015'12" W, a distance of 258,,01 feet; thence run S 88005'44" E, a distance of 5035 feet; thence run S 02014'23" W, a distance of 104.00 feet; thence rUll N 88005'44" W, a distance of 75,00 feet; thence rUll S 0201423" W, a distance of283,,00 feet; thence run S 88005'44" E, a distance of 1104 feet; thence rUll S 00010'05" W, a distance of 943.27 feet; thence run N 89008'55" W, a distance of 166..44 feet; thence rUll N 00011'55'1 E, a distance of 272.02 feet; thence rUll N 89008'55" W, a distance of 498,87 feet; thence mn S 00017'22" W, a distance of400 44 feet; thence rUll S 89047'57" W, a distance of 550.,00 feet; thence lun S 00017'22" W, a distance of 258.00 feet to a point on the North right of way line of Clarcona-Ocoee Road; thence rUll S 89047'57" W, along said North right of way line, a distance of 10000 feet; thence departing said NOlth right of way line, rUll N 00017'22" E, a distance of 516,00 feet; thence run S 89047'57" W. a distance of 685 82 feet to the POINT OF BEGINNING, Less and except Lots 1 and 2, Block 9, Lots 47 and 48, Block 26 and Park Lying North of Block 6, all being in said West Orange Park. Also less and except Tmct "B", Ocoee Pines, as recOlded in Plat Book 66, Pages 94 and 95 ofthe Public Records of Orange County, FIOlida, - 13 - EXHIBIT "D" The Appropriated Property 1 Orange County Patee1 Identification Number 05-22-28-9152-09-010, more particularly described as West Orange Park Mil & 4 & 5 Lots 1 & 2 Elk 9, Olange County, Florida, and commonly known as the Ida Springer Property; and 2 Orange COlll1ty Parcel Identification Number 05-22-28-9152-26-470, more particularly descIibed as West Orange Park Mil & 4 & 5 Lots 47 & 48 Blk 26, Orange County, Florida, and commonly known as the Bosie Brown Property, - 14 - l-km 4t 11 Copy of Public Hearing Advertisement Date Published ()(\~ytdo ~e y\i"\ V\t,\ " (A 0. <;~\~Lcl ~ - \ 0 - '2..lo - D VJ CITY OF OCOEE NonCE OF PUBUC HEARING FOR OCOEE PINES ANNEXATION' CASE NUMBER: Aft 04-08.ZI NOTICE IS HEREBY GIVEN. pursuant to Subsections 1.10. 5-9. t~enta2gd~-1iPa~ '~n ETUaHB~ ~~t~8v~~'Har.d2~~v:Jr tWl t6JMrsssrg~n~nr~gf~e~ ~~~~I~I~a~At~TN~c2~ 5 SECOND READING OF AN ORDINANCE AT the City of Ocoee Commission Chambers located at 1SO North Lake- shore Drive. Ocoee. Florida. to consider the Annexation of Ocoee Pines. This property totaling 101.66 acres Is located north .and west of Clarcona-Ocoee Road and east of Forest Lake 2g~r~~~~s~'alc~~ rJ~~?ifllang~ ~~~,~W:r;~~nJ5.2r~~~Na!1- 00-003. 05.22-28.6432-00-004. 05'22-28-6432-00-005. 05-22.28- ~~~~~2~~S?-t~~~cll(I'-~~'e 0~e~d?~:11~2-g;-~~VIOCW~: OS- AN THE CO REAL PRO TEO W M FOR ~ m H CO OCOEE CI DING &?CING FOR SEVERA~I~ HE G FOR AN EFFEC: nvE D . Oeo.. PIn.. LoC811on Map ~tr-'-' i 1- I'---.r i ! I , " __I: i 1/ J ;; j /1 ~<~ ,/ :,'>.'~ ,. j "I nterested parties may appear at the public hearing and be heard with respect to the proposed actions above. Pursuant to Subsection 5-9 B. of the Land Development COde! the Planning Director has determined that the re- ~~r~t e$laon"n"I~~a~~~als(J~~)i~ at~a i~cgg~~?ft~~~ewfi~u~~~ Ocoee-Orange County JPA Land Use Mop and the Ocoee Comprehensive Plan. The complete case file. Including 0 complete legol de- bC[J~~i't!'o~inr;rn1~~s ~~V~I~~~~! ~~:amn~~s~~f6~~i~t ~~ vision located at 150 North Lakeshore Drive. Ocoee. ~Iori- do between the hours of 8:00 a.m. and 5:00 p.m.. Monday through Friday. except legal holidays. The Ocoee City Commission may continue the public ~~arll~~:r~~t~~~a~~esshgndb~r::aeis~ i~fdr~e"'Ja~:;.erl~~~; an~ places of any continuation of these or continued pub- lic hearings shall be announced during the hearing and no further notices regarding these matters will be published. You are advised that any person who desires to appeal any decision made at the public hearings will need a re- cord of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which Includes the testimony ond evidence upon which the appeal Is based. Persons with disabilities needing assistance to participate ~1e~~'~ g~fl~ee~ ~~~gr~'Iri'!';a~~~~\dth~O~~;:in~h~t C4~{. 905-3105. . Beth Eikenberry, City Clerk 10/26/06