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Home My WebLink AboutItem #05 (a,b,c) ABC Fine Wines & Spirits Annexation and Rezoning Ordinances AGENDA ITEM STAFF REPORT Contact Name: Contact Number: Bobby Howell n\.t 407 -905-3100/1044 Meeting Date: December 19, 2006 Item # 5 CA )bJ c. Reviewed By: Department Director: City Manager: U{. Subject: ABC Fine Wines & Spirits Annexation and Rezoning Ordinances Project # AX-04-0S...18 Issue: Should the Honorable Mayor and City Commissioners approve annexation and rezoning ordinances for ABC Fine Wines & Spirits? Backaround Summary: Parcel Identification Numbers: 20-22-28-0000-00-019 & 20-22-28-0000-00-062 General Location: The subject properties are located on the north side of Colonial Drive, approximately 575-feet west of the intersection of Bluford Avenue and Colonial Drive. Parcel 20-22-28-0000-00-019 is located west of the existing ABC store and parcel 20-22-28-0000-00-062 is located north of the existing store. Property Size: Parcel 20-22-28-0000-00-019 is 1.061 acres, and Parcel 20-22-28-0000-00-062 is located north of the existing store and is 1.294 acres in size. The total size of the property is 2.35 acres. Actual land use and unique features of the subiect properties: The subject properties are vacant. The proposed land use is the expansion of the existing ABC Liquor Store. No unique features exist on the properties. CONSISTENCY WITH STATE AND LOCAL REGULATIONS: Annexation: 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. Annexation of the subject properties will eliminate an existing enclave that the subject parcels are contained within. The subject properties are contiguous to the City limits on the north, south, west, and east, and therefore, eligible for annexation. In addition, the developer will be required to enter into an Annexation Agreement with the City that will require the developer to dedicate right-of-way along Bluford Avenue to the City, and grant a cross-access easement to the Floors Direct and Seven Eleven properties, and grant a joint access easement along the proposed access aisle that will be shared with the Floors Direct property. Joint Plannina Area Aareement: The subject properties are located within the Ocoee-Orange County Joint Planning Area (JPA) and are being considered for annexation as outlined in the JPA Agreement. The applicant is concurrently requesting rezoning of the properties to C-2 (Community Commercial). 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. Rezoninq: The applicant has requested a City of Ocoee zoning designation of C-2 (Community Commercial). According to the Land Development Code, the C-2 zoning designation is intended for the conduction of general retail business. The C-2 zoning designation is consistent with the adopted future land use designation of Commercial as shown on both the City of Ocoee and Orange County Joint Planning Area future land use maps. The rezoning is consistent with the CRA (Community Redevelopment Area) Plan, the State Road 50 Activity Center Plan, and is best suited for commercial development that is detailed within these plans. 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 Aqreement. and the City's Annexation Policy...." [Emphasis added]. The rezoning is consistent with Future Land Use Element Policy 1.15 that states in part, "The City may assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and the JPA Agreement..." DISCUSSION: Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impacts of the proposed use and size of the parcels, Staff determined that urban services can be adequately provided to the subject properties. When the applicant chooses 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") 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. The rezoning to C-2 is consistent with both the City of Ocoee and Orange County Joint Planning Area future land use maps. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on March 29, 2005 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 ABC Fine Wines & Spirits as presented. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed the proposed ABC Fine Wines & Spirits Annexation/Rezoning at a Public Hearing on April 12, 2005. Following staff's presentation, the Planning & Zoning Commission recommended approval of the proposed annexation/rezoning with an 8-0 vote. Staff Recommendation: Based on the recommendation of the DRC and the Planning & Zoning Commission, Staff respectfully recommends the Mayor and City Commissioners adopt the ordinance to annex 2.35 acres of land known as the ABC Fine Wines & Spirits property, and also adopt the ordinance to rezone the property to C-2 (Community Commercial District). 2 Attachments: Location Map Surrounding Future Land Use Map Surrounding Zoning Map Annexation Feasibility Analysis Report Annexation Ordinance Rezoning Ordinance Annexation Agreement Financial Impact: Increase in tax base due to annexation. Type of Item: (please mark with an "x'J X Public Hearing Ordinance First Reading X Ordinance Second Reading Resolution X Commission Approval Discussion & Direction For Clerk's DeDt Use: Consent Agenda Public Hearing X Regular Agenda 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 ( ) 3 N/A X N/A N/A ABC Fine Wines & Spirits Location Map / )~~ ~ ~ ~"".. ~ ~~ ( <:III n::lII ~ c .., CD ;t~ o - -0) f- a r- Colonial Drive ~ ~ 6b ~\ LAKE BENNET ~ - o~~ o ~~ ~~ - ~~ ./' e r I '/ I!~ I' I , , / ~ l ~ diuky Q Ocoee Community Development Department 1 inch equals 400 feet 12$2.50 125 250 375 Feet Printed: November 2006 C Subject Property II:!::I:tI Unincorporated Territory LJ.U.I and Other Municipalties o 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 Facilities/Institutional Lakes and Water Bodies ABC Fine Wines and Spirits Surrounding Future Land Use Map Q Ocoee Community Development Department 1 inch equals 400 feet 130 65 0 130 260 390 Feet .. Printed: November 2006 C Subject Property II:!!:D Unincorporated Territory Il.U.U 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) ~ Commercial (PUD) 6 Low Density (PUD) _ Medium Density (PUD) .. High Density (PUD) _ Public Use (PUD) /' // Unclassified Lakes and Water Bodies ABC Fine Wines and Spirits Surrounding Zoning Map CITY OF OCOEE ANNEXATION & FEASIBILITY ANALYSIS CASE NUMBER: AX-04-05-18 ApPLICANT NAME: ABC Fine Wines & Spirits Store PROJECT NAME: ABC Fine Wines & Spirits Store 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 Bobby Howell I A. A IicantlOwner 1. Owner (if different from A Same as above B. Property Location 1. General Location: North side of Colonial; approx. 600 feet west of the intersection of Colonial & Bluford. These two properties are west (019) and north (062) of the current ABC Liauor at 10835 W. Colonial. 2. Parcel Identification Number: 20-22-28-0000-00-019 & 20-22-28-0000-00-062 3. Street Address: none 4. Size of Parcel: 1.061 (# 019) & 1.294 (# 062); 2.35 acres total C. Use Characteristics 1. Existing Use: Vacant 2. Proposed Use: Expansion of current ABC Liquor store and strip center 3. Densitv Ilntensitv: n/a 4. Projected Population: n/a - proposed commercial use D. 4. Proposed Ocoee Zonin Commercial A-1 n/a-parcel to be annexed; JPA Land Use Map desi nation: Commercial C-2: Community Commercial E. Consistenc 1. Joint Plannin Area 2. Comprehensive Plan: Yes Yes III. FIRE DEPARTMENT Chief Ron Strosnider 1. Estimated Response Time: 3-5 minutes 2. Distance to Property: 1 mile 3. Fire Flow Requirements: 500 gpm Page 1 of 3 Applicant Name: ABC Liquor Project Name: ABC Liquor Case #: AX-04-05-18 1111. POLICE DEPARTMENT Chief Steve Goclon 1. Police Patrol Zone I Grid I Area: South zone Grid 32A 2. Estimated Response Time: 3-5 minutes 3. Distance to Property: Approx. 2 miles 4. Average Travel Time 5-7 minutes Bobby Howell $175,475 (# 062) & $234,125 (# 019) $175,475 (# 062) & $234,125 (# 019) Unable to determine at this time. Unable to determine at this time. Unable to determine at this time. Unable to determine at this time. BUILDING DEPARTMENT 1. Within the 100- ear Flood Plain: Bobby Howell No I VI. UTILITIES David Wheeler, P. E. I A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: No 4. Location and Size of a-inch line on the north side of Colonial. Nearest Water Main: B. San ita Sewer 1. In Ocoee Service Area: 2. Ci Ca able of Servin Area: 3. Extension Needed: 4. Location and Size of Nearest Force Main: 5. Annexation A reement Needed: Yes Yes No 12-inch gravity main on the north side of Colonial. No I C. Other 1. Utility Easement Needed: No 2. Private Lift Station Needed: No 3. Well Protection Area Needed: No I VII. TRANSPORTATION Bobby Howell 1. Paved Access: Yes, needed for the entrance off Bluford Avenue. 2. ROW Dedication: Yes, for Bluford widening and entry improvements. 3. Traffic Study: Yes, as a component of the development review process. Page 2 of 3 Applicant Name: ABC liquor Project Name: ABC liquor Case #: AX-04-05-18 I 4. Traffic Zone: 1618 I VIII. PRELIMINARY CONCURRENCY EVALUATION Terry James, AICP At the time of this analysis, sufficient roadway capacity existed to A. Transportation: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. n/a - non-residential use. B. Parks / Recreation: At the time of this analysis, sufficient water/sewer capacity existed to C. Water I Sewer: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. The applicant will be required to handle stormwater retention on-site. D. Stormwater: At the time of this analysis, sufficient solid waste capacity existed to E. Solid Waste: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. To be determined upon development. F. Impact Fees: I IX. SITE SPECIFIC ISSUES All Departments I The project will need ROW dedication on Bluford to accommodate widening and entry improvements. Joint access and cross access will also be required. These issues will be covered with an annexation and/or development agreement. I X. CONSISTENCY WITH STATE REGULATIONS: Terry James, AICP I Yes, this annexation is consistent with Ch. 171, FS. NOTE: According to the Orange County Property Appraiser records, both properties are in the City already and have been assessed and taxed as such (See attached OCPA records). The Orange County GIS and the Ocoee GIS have these properties in unincorporated Orange County. (See Orange County map). Page 3 of 3 OODI NANCE l\TQ __________ (Annexation Ordinance For ABC Store) TAX PARCEL ID #s20-22-28-0000-00-062 20-22-28-0000-00-019 CASE NQ AX-04-05-18: ABC Fine Wnes & Spirits Store No. 52 AN OODI NANCE CF THE 0 TY CF o:xEE, FLrnI DA, ANNEXI NG I N!'O THE crnPOOATE U M TS CF THE a TY <F 0CffiE, FLrnI DA, CERrAl N REAL PR<J>ER!Y a::M'AI NI NG APPROXI M\TEL Y 2.355 ACRES LOCATED 575 FEET VEST CF THE STATE ROID 50 AND STATE ROID 439 I NTERSECfI rn PURSUANT TO THE APPUCATIrn SUBMTIED BY THE PR<J>ER!Y~; FINDING SAI D ANNEXATI rn TO BE CCNSI STENf VI TH THE 0CffiE CQWREHENSlVE PLAN, THE <XXEE OTY COOE, AND THE JUN!' PLANN! NG AREA AGREEMNf; PROVI DI NG F<:R AND AlJIlD.U ZI NG THE UPDATI NG OF CFFI 0 AI.. 0 TY M\.PS; PROVI DI NG DI RECTI rn TO THE a TY UERK; PROVI DI NG F<:R SEVERABI U TY; REPEALI NG I NCCNSI STENf OODI NANCES; PROVI DI NG F<:R AN EFFECTI VE DATE. VflEREAS, pursuant to Section 171.044, Florida Statutes, the owners of certain real property located in unincorporated Orange County, Florida, as hereinafter described, have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex said real property into the corporate limits of the City of Ocoee, Florida; and VflEREAS, the Ocoee City Conunission has determined that said petition bears the signatures of all owners of the real property proposed to be alU1exed into the corporate limits of the City of Ocoee, Florida; and VflEREAS, 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 VflEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement (the "JPA Agreement") which affects the annexation of the real property hereinafter described; alld VflEREAS, 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_338950.1 -1- consistent with the JP A Agreement, and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City Conmlission 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 Conmlission has the authority to adopt tlns 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 ChaI1er of tlle 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 COlmty, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTIONS OF PARCELS A, B, & C, EACH ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF). Section 4. A map of said laIld herein described which clearly shows the annexed area is attached hereto and EXHIBIT "B" and by this reference is made a part hereof. Section 5. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JP A Agreement and meets all of the requirements for aImexation set forth in the Ocoee Comprehensive PlaIl, the JP A Agreement, and the Ocoee City Code. Section 6. The corporate telTitorial 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 autllOrized to update and supplement official City maps of the City ofOcoee, 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_338950.1 -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 nereto. 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_338950.1 -3- ORLA_338950.1 EXHIBIT "A" LEGAL DESCRIPTION .'... DESCRJPTION: PARGa A A PORTION OF THE ABANDONED ATLANTIC COASruNE RAILROAD AS RECORDED IN OFFICIAL RECORDS BOOK 3607, PAGE 2027 OF THE PUBUC RECORDS OF ORANGE: COUNTY, FLORIDA BEING DESCRIBED AS FOlLOWS: COMMENCE A T THE SOUTHWEST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE: 28 EAST, ORANGE COUNTY, FLORIDA AS A POINT OF REFERENCE; THENCE: RUN N B9'S6'19"E, ALONG THE SOUTH UNE THEREOF, 664-.88 FEET TO THE WEST UNE OF THE SOUTHEAST 1/4- OF THE SOUTHlVC:ST 1/4- OF THE SOUTHWEST 1/4- OF SAID SECTION 20; THENCE RUN N 0018'23" W, ALONG SAID WEST UNE, 74.50 FEET TO THE NORTH RIGHT OF WAY UNE OF STATE ROAD No. 50; THENCE RUN S 89'57'04-" E, ALONG SAID NORTH UNE, 250.00 FEET; THENCE RUN N 00"18'23"W, 200.00 FEET; THeleE: RUN N 50'00'OO"E, 17.93 FEET TO THE POINT OF BEGINNING, SAID POINT L Y1NG ON THE ~ST RIGHT OF WA Y UNE OF AFORESAID ATLANTIC COASruNE RAILROAD; THENCE CONTINUE N 50'00'00" E, 100.00 FEET TO THE EAST RIGHT OF WA Y UNE OF SAID RAILROAD, SAID UNE BEING A CURVE CONCAVE TO THE NORTHEAST; THENCE RUN NORTHWESTERLY ALONG SAID EAST UNE AND CURVE HA vrNG A CENTRAL ANGLE OF 3'"27'42", A RADIUS OF 5679.65 FEET. AN ARC LENGTH OF 34-3.16 FEET, A CHORD BEARING OF N 37'42'42" W AND A CHORD DISTANCE OF 343.'1 FEET; THENCE RUN N 35"58'51" W, CONTINUING ALONG SAID EAST UNE, 2B.8B FEET; THENCE RUN N 3918'4-4" W, 52.71 FEET TO THE NORTH UNE OF THE AFOREMENTIONED SOUTHWEST 1/4- OF THE SOUTHWEST 1/4- OF SAID SECTION 20; THENCE: RUN N 89'45'26" W. ALONG SAID NORTH UNE. 82.:31 FEET TO THE WEST UNE THEREOF; THENCE RUN S 00"18'23" E, ALONG SAID WEST UNE, 52.36 FEET TO niE AFORESAID WEST RIGHT OF WA Y UNE OF niE RAILROAD; niENCE RUN S 35"58'5'" E, ALONG SAID WEST UNE, 87.61 FEET TO A CURVE CONCAVE TO THE NORTHEAST; THENCE RUN SOUTHEASTERL. Y ALONG SAID VrEST UNE AND CURVE HAVING A celTRAL ANGLE OF 3'"28"7", A RADIUS OF 5779.65 FEET, AN ARC LENGTH OF 350.18 FEET, A CHORD BEARING OF S 37'4-J'00" E AND A CHORD DISTANCE OF 350.12 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEl. OF LAND CONTAINS 1.037 ACRES MORE OR LESS. -4- EXHIBIT "A" CONTINUED DESCRIPTION: PARCEl. B A PARCEL OF LAND IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/+ OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST. ORANGE COUNTY, FLORIDA BElNG DESCRIBED AS FOLLOWS: MCNeE: A l' THE SOUTHWEST CORNER OF SAID SECTION 20, AS A POINT OF REFERE:NCE:: ~CE' RUN N 89'56'19"E', ALONG THE SOUTH UNE THEREOF, 664.88 FEET TO THE WEST N OF SAID SOUTHEAST 1/+ OF THE SOUTHWEST 1/+ OF THE SOUTHWEST 1/4; THENCE U ~ N 00'18'23" W. ALONG SAID VEST UNE, 74.50 FEET TO THE POINT OF BEGINNING SAID ~OINT LYING ON THE' NORTH RIGHT OF WAY UNE OF STATE ROAD No. 50: ,THE:,!JCE: RUN S B9"57'O+" E ALONG SAID NORTH UNE, 100.00 FEET; THENCE: RUN N 00'1823 W, 2+3.+7 . Cc RUN N 50'00'00" E, 107.70 FEU TO THE WEST RIGHT OF WA Y UNE' OF THE ~c;jN~ENCOASnJNE RAILROAD AS RECORDED IN OFFICIAL RECORDS BOOK 3607, PAGE BUC RECORDS OF ORANGE COUNTY. FLORIDA, SAID UNE BElNG A CURVE ~~~ ~ rl ~~ NORTHEAST; THENCE RUN NORTHWESTERLY ALONG SAID WEST UNE AND HAVING A CENTRAL ANGLE OF 2'10'5B", A RADIUS OF 5779.65 FEET, AN ARC CURVE OF 22018 FEET. A CHORD BEARING OF' N 3;0+'20" W AND A CHORD DISTANCE OF 'f:o~~ FEET.. THENCE RUN N 35"58'51. W, CON71NUlNG ALONG SAID \ltE'ST UNE, 87.61 FEET THE AFORESAID WEST UNE OF THE SOUTHEAST 1/4 OF 7HE SOUTHWEST 1/+ OF THE ~~UTHWEST 1/+ OF SECTION 20: THENCE RUN S 00'1 B'23" E, ALONG SAID WEST UNE', 559.18 FEET TO 7HE' POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1.29+ ACRES MORE' OR LEss. DESCRIPTION: PARCEL C A PARCEL OF LAND IN THE SOUTHEAST 1/+ OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/+ OF SECTION 20, TO'M-ISHIP 22 SOUTH, RANGE' 2B EAST, ORANGE COUNTY. FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE A T THE SOU7HWEST CORNER OF SAID SECTION 20, AS A POINT OF REFERENCE; THENCE RUN N 89'56'19"E, ALONG THE SOUTH UNE 7HEREOF, 664.88 FEET TO THE WEST UNE OF SAID SOUTHEAST 1/+ OF THE SOU7HWEST 1/+ OF THE SOUTHWEST 1/4; THENCE RUN N 0018'23" W. ALONG SAID WEST UNE, 7+.50 FEET TO THE NORTH RIGHT OF WAY UNE OF STATE ROAD No. 50: THENCE' RUN S 89"57'04" E, ALONG SAID NORTH UNE, 250.00 FEET; THENCE: RUN N 00'18'23"W, 200.00 FEET: THENCE'RUN N 50'OO'OO"E, 117.93 FEET TO THE EAST RIGHT OF WAY UNE OF' A Tl..ANTIC COASTUNE RAILROAD, SAID UNE BEING A CURVE CONCAVE TO THE NORTHEAST; THENCE RUN NORTHWESTERLY ALONG SAID EAST UNE AND CURVE HAVING A~CENTRAL ANGLE OF 1"34'0+", A RADIUS OF 5679.65 FEET, AN ARC LENGTH OF 155.42 FEET. A CHORD BEARING OF N 38'.39'312" W AND A CHORD DISTANCE OF 155.42 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE' NORTHWESTERL Y ALONG SAID EAST UNE AND CURVE HA VlNG A CENTRAL ANGLE OF 1'53'J8", A RADIUS OF 5679.65 FEET, AN ARC LENGTH OF 187.7+ FEET, A CHORD BEARING OF N 36'55'40" W AND A CHORD DISTANCE OF 187.73 FEET; THENCE' RUN N 35'58'51" W, ALONG SAID EAST UNE, 28.88 FEI:T; THENCE RUN S 39'18'44" E', 167.+3 FEET; THENCE RUN S 3+"28'13" E, 32.5+ FEET TO A CURVE CONCAVE: TO THE WEST; THENCE'RUN SOUTHERLY ALONG SAID CURVE: HAVING A CENTRAL ANGLE: OF 34'.39'10", A RADIUS OF 30.00 FEET, AN ARC LENGTH OF 18.1+ FEET, A CHORD BEARING OF S 17'08'38" E AND A CHORD DISTANCE OF 17.B7 FEET TO THE Po/NT OF BEGINNING. THE ABOVE: DESCRIBED PARGa OF LAND CONTAINS 0.024 ACRES MORE OR LESS. ORLA_338950.1 -5- EXHIBIT "B" ABC Fine Wines & Spirits Location Map ) " I \~i' i, ! \\~ "~fi::1 \ ' , \ \ " \', '\. '\, \., \. \ , , i 1 I '; f--\ \ \ ~ /' I ! , Colonial Drive I I ii, J ~l. I J :---" \ I I !'h-Y. ' i \ I I, ; i i , , I Ii' , r--' I I' I I j [ ! ! \1 ( , \ ! I,i I I L--'--- r \ I ~ e ORLA_338950,1 I C' -I. ....,! CDI ;0 01 031 ~ LAKE BENNE \, '\ " " " " ' , ~/,.), '. II 0", '\""W)~, ',- ~ ',b-. , "., ," y~ '-, " \ "''ylJ '~, . "<>/ I ' / <>1" r--1,." RJ,H ' "~~"'~,, '. '\\ : i -"~'" I) ,----, , " I . I ! t=LJ '~J I r-------i ,i, ( Ii' , "'0 '/rTl 'I ~', ""--- -6- ORDINANCE NO. T AX PARCEL ID #s 20-22-28-0000-00-062 20-22-28-0000-00-019 CASE NO. AX-04-05-18: ABC Fine Wines & Spirits Store No. 52 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "CITRUS RURAL DISTRICT" TO OCOEE C-2, "COMMERCIAL," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.35 ACRES LOCATED 575 FEET WEST OF THE STATE ROAD 50 AND STATE ROAD 439 INTERSECTION PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property contammg approximately 2.355 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-I, "Citrus Rural District," to Ocoee C-2, "Commercial;" and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said Rezoning application and determined that the Rezoning required by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, the rezoning requested by the Applicant is consistent with the Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and the City of Ocoee, as amended (the "JPA Agreement"); and WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has the authority to establish zoning for the real property hereinafter described and to immediately ORLA_338951.1 exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; and WHEREAS, said Rezoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, on 4: {\ \ 2 ,2005 the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan, and is in the best interest of the City and recommended to the Ocoee City Commission that the zoning classification of said real property be rezoned as requested by the Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on , 2006 the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, of the Property described in Exhibit "A" containing approximately 2.35 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-I, "Citrus Rural District," to Ocoee C-2, "Commercial." A map of said land herein described which clearly shows the area of Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 3. the Rezoning of the Comprehensive Plan. COMPREHENSIVE PLAN. The City Commission hereby finds lands described in this Ordinance to be consistent with the Ocoee SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said 2 ORLA_338951.1 revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this _ day of ,2006. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED ,2006 READ FIRST TIME , 2006. READ SECOND TIME AND ADOPTED ,2006. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY This day of , 2006. FOLEY & LARDNER LLP By: City Attorney 3 ORLA_338951.1 ORLA_338950.1 EXHIBIT "A;' LEGAL DESCRIPTION DESCRIPTION: PARCEL A A PORTION OF" THE ABANDONED ATLANTIC COAST1JNE RAILROAD AS RECORDED IN OFF7C1AL RECORDS BOOK 3607, PAGE 2027 OF THE PUBUC RECORDS OF' ORANGE COUNTY, FlORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE: A T THE SOUTHWEST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FlORIDA AS A POINT OF' REFERENCE; THENCE: RUN N 89"56'19"E, ALONG THE SOUTH UNE THEREOF, 664.88 FEET TO THE WEST UNE OF THE SOUTHEAST 1/4 OF THE SOUTH\4EST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20; THENCE RUN N 00'18'23" W, ALONG SAID WEST UNE, 74.50 FEET TO THE NORTH RIGHT OF WA Y UNE OF STA TE ROAD No. 50; THENCE RUN S 89'57'04" E, ALONG SAID NORTH UNE, 250.00 FEET: THENCE RUN N OO'S'23"'W, 200.00 FEET: THENCE RUN N 50'00'OO"E, 17.93 FEET TO THE POINT OF' BEGINNING, SAID POINT LYING ON THE WEST RIGHT OF WA Y UNE OF' AFORESAID ATlANTIC COAST1JNE RAILROAD: THENCE CONTINUE N 50'00'00'" E, 100.00 FEET TO THE EAST RIGHT OF" WA Y UNE OF SAID RAILROAD, SAID UNE SBNG A CURVE CONCAVE TO THE NORTHEAST; THENCE RUN NORTHWESTERLY ALONG SAID EAST UNE AND CURVE HA VTNG A CENTRAL ANGLE OF" 3"27'42"', A RADIUS OF 5679.65 FEET, AN ARC LENGTH OF' 343.16 FEET, A CHORD BEARlNG OF N 37'42'42" W AND A CI-IORD DISTANCE: OF" 343.11 FEET: THENCE RUN N 35"58'51" W, CONTINUING ALONG SAID EAST UNE. 28.88 mT; THENCE RUN N 3918'44" W, 52.71 FEET TO THE NORTH UNE OF THE AFOREMENTIONED SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20; THENCE RUN N 89'45'26" W. ALONG SAID NORTH UNE, 82.31 FEET TO THE WEST UNE THEREOF; THENCE RUN S 00'8'23" E, ALONG SAID WEST UNE, 52.36 FEET TO THE AFORESAID WEST RIGHT OF WA Y UNE OF THE RAILROAD; THCNCE RUN S 35"58'51" E, ALONG SAID WEST UNE, 87.61 FEET TO A CURVE CONCAVE TO THE NORTHEAST; THENCE: RUN SOUTHEASTERt. Y ALONG SAID WEST UNE AND CURVE HA V1NG A CENTRAL ANGl...E OF 3"28'17", A RADIUS OF' 5779.65 FEET, AN ARC LENGTH OF 350.18 FEET, A CI-IORD BEARING OF S 37'43'00" E AND A CHORD DISTANCE OF 350.12 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEl.. OF LAND CONTAINS 1.037 ACRES MORE OR LESS. -4- EXHIBIT "A" CONTINUED DESCRlP770N: PARCEL B A PARca OF LAND IN THE SOUTHEAST 1/4 OF' THE SOUTHWEST 1/4 OF THE SOUTHWESI 1/+ OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE: 28 EAST, ORANGE COUNTY, FLORID BBNG DESeR/am AS FOLLOWS: A T THE SOUTHWEST CORNER OF SAID SECTION 20, AS A POINT OF REFERENCE; r;;:::g;C:UN N 89'5S'19"E ALONG THE SOUTH UNE THEREOF', 664-.88 FEET TO THE WEST EAST'1/4 OF THE SOUTH 'NEST 1/4- OF THE SOUTHWEST 1/4; THENCE ~~~ ': ,l;~~2~f!J: ALONG SAID WEST UNE, 74.50 FEET TO THE POINT OF' BE::~N~US:'~ POINT LYING ON 'THE NORTH RIGHT OF WA Y UNE OF STA 7E' ROAD No. 50; ,TH" . ." G SAID NORTH UNE, 100.00 FEET; THENCE RUN N 00'823 W, 24-3.47 89 '57 04 E, AL~ N 50"00'00" E 107 70 FeET TO THE ~ST RIGHT OF WA Y UNE OF THE ~~NWcENCcgA~~NE RAILROAD AS RECORDED IN OFF7QAL RECORDS BOOK 3607, cPu~~ BUC RECORDS OF ORANGE COUNTY, FLORIDA, SAID UNE BE1NG A 202~ ~ roE ~~ NORTHEAST; THENCE: RUN NORTHWESTERLY ALONG SAID YlE'ST UNE AND g~VE' HAvtNG A ce/TRAL ANGLE OF' 2"10'58", A RADIUS OF 5779.65 FEET, AN ARC 018 FEET. A CHORD BEARING or N 37"04'20" W AND A CHORD DISTANCE OF Lf:o~r: I-~ 1~2 THENCE RUN N 35'58'51. W. CON77NUlNG ALONG SAID WEST UNE, 87.S1 FEET . · AID WEST UNE OF' THE SOUTHEAST 1/4- OF THE SOUTHWEST 1/4 OF THE ~~U~W:~~:;4- OF SECTION 20; THENCE: RUN S 00"18'23" E, ALONG SAlD WEST LJNE, 559.18 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1.294 ACRES MORE OR LESS. DESCRIPTION: PARCEL C A PARCEL OF LAND IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4- OF' THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE: 28 EAST, ORANGE COUNTY, FLORIDA BClNG DESCRIBED AS FOLLOWS: COMMENCE A T THE SOUTHWEST CORNER OF SAID SECTION 20, AS A POINT OF' REFERENCE; THENCE: RUN N 89"S6'19"E, ALONG THE SOUTH UNE THEREOF, 664.88 FEET TO THE WEST UNE OF'SAID SOUTHEAST 1/4 OF' THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4,' THENCE: RUN N 00'18'23" W, ALONG SAID WEST UNE, 74.50 FEET TO TrlE NORTH RIGHT OF' WA Y UNE OF' STA TE ROAD No. SO; THENCE RUN S 89'57'04" E, ALONG SAID NORTH UNE, 250.00 FEET; TrlENCE RUN N 00"18'23"W, 200.00 FEET: THENCE RUN N SO'OO'OO"E, 117.93 FEET TO THE EAST RIGHT OF' WAY UNE OF ATLANTIC COASTUNE: RAILROAD, SAID UNE: BE:JNG A CURVE CONCA YE TO THE NORTHEAST; THENCE RUN NORTrlWESTERLY ALONG SAID EAST UNE AND CURYE HAVING A CENTRAL ANGlE OF 1'34'04", A RADIUS OF' 5679.65 FEET, AN ARC LENGTH OF 155.42 FEF:T, A CHORD BEARING OF N 38'39'312" W AND A CHORD DISTANCE OF 155.42 FEU TO THE: POINT OF BEGINNING; THENCE CONTINUE NOR THWES7E'RL Y ALONG SAID EAST UNE AND CURYE HA vtNG A CENTRAL ANGLE OF 1'53'38", A RADIUS OF' 5679.65 FEET, AN ARC LENGTH OF' 187.74 FEr, A CHORD BEARING OF N 36'55'40" W AND A CHORD DISTANCE OF 187.73 FEET; 77-IENCE RUN N 35'58'51" W, ALONG SAID EAST UNE, 28.88 FEET; THENCE RUN S 39'18'44" Eo 167.43 FET; THENCE RUN S 34"28'13- E. 32.5+ FEET TO A CUR\t CONCAVE: TO THE ~ST; THENCE RUN SOU77-IE:RLY ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 34'39'10", A RADIUS OF' 30.00 FEr, AN ARC LENGTH OF 18.14 FEr, A CHORD BEARING OF S 17'08'38" E AND A CHORD DISTANCE: OF 17.87 FEET TO THE POINT OF' BEGINNING. THE: ABOYE DESCRIBED PARca OF' LAND CONTAINS 0.024 ACRES MORE OR LESS. ORLA_3389S0.1 -5- EXHIBIT "B" ABC Fine Wines & Spirits Location Map \ , l~' \ I ...-., i r- \ \ I 'S: I 1 , ~ ,01 ------ cd ~:. -" <D 1;0 01 ,--H:UI , iOl ~ e ORLA_338951,1 i i ~\ i I I ,J I Colonial Drive I i--~---' I : I 1--- 1~- ! J , , :TI ~! I ! ! ,-------' r--- LAKE BENNE " ' . , 0 '-----" '. "J~ ' I I '17'" i I I " I l m .. / ", ~l -------z. / '. . ;~' / '\(" ( <'.'::" ""-~ ", l.~ I' "'-~. \, "".". / . ,r\ ','/ ./ ~~'" . ~ r",~" ' '\/ I ~ I' I 'v~. \ , [ , :~L- l%"" 'il .. · " '~ I J ~:-. '.: I~J!I : i I, I ) I I '\[";..0 ( I' ~,--,- '/\...---.,. __ ':--" '"....' I, ~'.' I " I: .! '("01", ! '1' I' .' " I ;, I: j . t.. .. 1 ' ~' I . )H ~- :-~ . --------------. 6 THIS INSTRUMENT PREPARED BY: Nicholas N. Palmer, Esq. FOLEY & LARDNER LLP 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 AFTER RECORDING RETURN TO: Beth Eikenberry, City Clerk CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 Case No.: AX-04-05-18: ABC Liquors, Inc. For Recording Purposes Only ANNEXATION AND DEVELOPMENT AGREEMENT THIS ANNEXATION AND DEVELOPMENT AGREEMENT (this "Agreement") is made this _ day of , 2006, by and between the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred to as the "City"), whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, and JOHN W. HOLLOWAY, an individual, whose mailing address is 6201 Matchett Road, Orlando, FL 32809 ("Holloway"), and PLATINUM HOLDINGS, INC., a Florida corporation, whose mailing address is 6201 Matchett Road, Orlando, FL 32809 ("Platinum") (hereinafter, Holloway and Platinum collectively referred to as the "Owner"). RECITALS WHEREAS, Holloway owns fee simple title to certain property located in Orange County, Florida, said property being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Holloway Property"); and WHEREAS, Platinum owns fee simple title to certain property located in Orange County, Florida, said property being more particularly described in Exhibit "B" attached hereto and by this reference made a part hereof (the "Platinum Property") (collectively, the Holloway Property and the Platinum Property are referred to herein as the "Annexation Property"); and WHEREAS, Holloway also owns fee simple title to certain property located within the municipal bounds of the City of Ocoee, said property being more particularly described in Exhibit "C" attached hereto and by this reference made a part hereof (the "ABC Property"); and WHEREAS, the Annexation Property and the ABC Property are referred to herein collectively as the "Project Property." The Project Property is described as one parcel in Exhibit "D" attached hereto and by this reference made part hereof; and ORLA_362135.10 WHEREAS, pursuant to Section 171.044, Florida Statutes, the Owner has petitioned the City Commission of the City (the "Ocoee City Commission") to voluntarily annex the Annexation Property into the corporate 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 Annexation 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 Annexation Property into the corporate limits of the City; and WHEREAS, the City has required that the Owner execute this Agreement as a condition precedent to the consideration of the Petition by the Ocoee City Commission; and WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and found the proposed annexation to be consistent with the Ocoee Comprehensive Plan and the JP A Agreement and to represent a minimal fiscal and level of service impact on the City; 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 Project Property and in accordance with the Ocoee Comprehensive Plan; and WHEREAS, the City, as a component of the traffic circulation plan, is providing a full access to the City-owned Bluford A venue; 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 Annexation Property on the same terms and conditions afforded to all property owners within the City except to the extent set forth in this Agreement; and WHEREAS, the City has conducted an Annexation Feasibility & Public Facilities Analysis with respect to the annexation of the Annexation Property and determined that this Agreement and the annexation of the Annexation Property is consistent with the goals, objectives and policies of the Ocoee Comprehensive Plan. NOW, THEREFORE, in consideration of the mutual premises hereof, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. RECIT ALS. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. ANNEXA TION OF THE PROPERTY. Prior to the execution of this Agreement by the City, the Ocoee City Commission has adopted Ordinance No. _ for Case No. AX-04-05-l8, thereby redefining the corporate territorial limits of the City to include the Annexation Property. ORLA_362135.10 -2- SECTION 3. DEVELOPMENT OF THE PROPERTY. A. The Owner hereby agrees to develop the Project Property in accordance with that certain Small-Scale Site Plan for ABC Fine Wine & Spirits Store No. 52 prepared by Dyer, Riddle, Mills & Precourt, Inc., date stamped as received by the City on 2006 (the "Site Plan"). The Site Plan is hereby incorporated herein by reference as if fully set forth herein. B. Except as otherwise expressly set forth in this Agreement and the Site Plan it is agreed that the Owner shall comply with the zoning and subdivision regulations of the City as set forth in the Ocoee Land Development Code, as it may from time to time be amended. In the event of any conflict between the provisions of the Ocoee Land Development Code, as it may from time to time be amended, and this Agreement, it is agreed that the provisions of this Agreement shall control. SECTION 4. WAIVERS FROM THE LAND DEVELOPMENT CODE. Pursuant to City of Ocoee Ordinance No. Owner has been granted waivers from the requirements of the Ocoee Land Development Code, said waivers being set forth in Exhibit "E" attached hereto and by this reference made a part hereof (the "Waivers"). SECTION 5. CONVEYANCE OF RIGHT-OF-WAY. Within 90 days from the approval of this Agreement the Owner shall convey to the City that certain parcel of the Annexation Property lying adjacent and contiguous to, and along the entire length of the Annexation Property's frontage on the existing right-of-way for Bluford Avenue, as more particularly described on Exhibit "F" attached hereto and by this reference made a part hereto, (the parcel described in Exhibit "F" is referred to as the "Right-of-Way Property"). The Right- of-Way Property shall be conveyed by the Owner to the City by warranty deed free and clear of all liens and encumbrances except for those matters acceptable to the City. The Owner shall, contemporaneously with the conveyance ofthe Right-of-Way Property to the City, provide to the City, a current attorney's opinion of title, or a current title commitment, to be followed by a policy oftitle insurance, evidencing that fee simple title to the Right-of-Way Property is free and clear of all liens and encumbrances except for those matters acceptable to the City. The costs and expenses related to the conveyance of the Right-of-Way Property including the cost of title work, shall be borne solely by the Owner. Real property taxes on the Right-of-Way Property shall be prorated as of the day before the City's acceptance of the conveyance of the same, and the prorated amount of such real property taxes attributable to the Owner shall be paid and escrowed by the Owner in accordance with the provisions of Section 196.295, Florida Statutes. Neither the Owner nor any other person or entity shall be entitled to any road impact fee credits or other compensation of any kind for, on account of, or with respect to the required conveyance of the Right-of-Way Property to the City. Notwithstanding the subsequent conveyance of the Right-of-Way Property to the City, the Owner shall be solely responsible for maintaining the Right-of-Way Property until such time as the improvements to the Right-of-Way Property are completed and the Right-of-Way Property is utilized for roadway purposes. ORLA_362135.10 -3- SECTION 6. PLAN. CROSS ACCESS~ JOINT ACCESS~ ACCESS MANAGEMENT A. Prior to the issuance of any building permits for the Project Property, the Owner shall, at no cost to the City or to the benefited property owners: (I) Grant a joint access easement between the Project Property and that parcel adjacent to the western boundary of the Property (Property Identification Number 20-22-28-0000-00-037) (the "Floors Direct Property"); (2) Grant a cross access easement between the Project Property and the Floors Direct Property; (3) Grant a cross access easement between the Project Property and that parcel located adjacent to the eastern boundary of the Property (Property Identification Number 20-22-28-0000-00-063) (the "Seven Eleven Property"). The form of the easements referenced herein shall be subject to the approval of the City. B. The Site Plan provides for an access point from the Project Property onto Bluford A venue that aligns with the full access to those parcels located to the east of the Property (Property Identification Numbers 20-22-28-0000-00-018, 20-22-28-0000-00-020 and 20-22-28-0000-00-054). Prior to the issuance of any Certificate of Occupancy for any new building on the Project Property, the Owner hereby agrees to design, engineer, permit and construct, or cause to be designed, engineered, permitted and constructed, a northbound left turn lane on Bluford Avenue into the Project Property; provided, however, that the City may, at its option, require that the Owner pay to the City the estimated cost of constructing such improvements if the City determines that such improvements are to be constructed by others. This turn lane will be of sufficient length to allow for adequate storage for the stacking of vehicles as determined by the City of Ocoee. Neither the Owner nor any other person or entity shall be entitled to any road impact fee credits or other compensation of any kind for, on account of, or with respect to the construction of this turn lane. SECTION 7. SINGLE PARCEL. The Owner and the City acknowledge and agree that the Project Property shall be developed and be retained in and shall remain as a single, integral parcel, and shall not be sold, otherwise disposed of, or encumbered in lesser constituent parcels, unless same are dedicated to the public or with the written consent of the City ofOcoee. The City shall under no circumstances be required to issue a Certificate of Occupancy for any new building on the Project Property until such time that title to all of the parcels that make up the Project Property is vested in one and the same owner. SECTION 8. NOTICE: PROPER FORM. Any notices required or allowed to be delivered shall be in writing and be deemed to be delivered (1) when hand delivered to the official hereinafter designated, or (2) upon receipt of such notice when deposited in the United ORLA_362135.10 -4- 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 at such other address as the party shall have specified by written notice to the other party delivered in accordance herewith. Owner: John H. Holloway and Platinum Holdings, Inc. 6201 Matchett Road Orlando, FL 32809 City: City ofOcoee Attn: City Manager 150 North Lakeshore Drive Ocoee, Florida 34761 SECTION 9. NOTICES: DEFAULT. Each of the parties hereto shall give the other party written notice of any default hereunder and shall allow the defaulting party thirty (30) days from the date of its receipt of such notice within which to cure any such defaults or to commence and thereafter diligently pursue to completion good faith efforts to effect such cure and to thereafter notify the other parties of the actual cure of any such defaults. This Agreement is enforceable at law or in equity by the non-defaulting party, including, but not limited to the right of specific performance. SECTION 10. BINDING AGREEMENT ON SUCCESSORS. This Agreement shall be binding upon and shall inure to the benefit of the Owner, the City, and their respective successors and assigns and shall run with the land. SECTION 11. RECORDATION. The parties hereto agree that this Agreement shall be recorded in the Public Records of Orange County, Florida, at the expense of the Owner. SECTION 12. 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 13. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other part of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions ofthe parties can continue to be effected. SECTION 14. RECOVERY OF ATTORNEYS' COSTS AND FEES. In connection with any litigation between the City and the Owner, including appellate proceedings arising out of this Agreement or the violation of any law, rule, regulation, ordinance, resolution, or permit, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, paralegal fees, and costs hereunder, whether incurred prior to, during or subsequent to such court proceedings, on appeal or during any bankruptcy proceedings. SECTION 15. ENTIRE AGREEMENT. This instrument and its exhibits constitute the entire Agreement between the parties and supersedes all previous discussions, understandings, and agreements between the parties relating to the subject matter of this ORLA_362135.10 -5- Agreement. Amendments to and waivers of the provisions herein shall be made by the parties in writing by formal amendment which shall be recorded in the Public Records of Orange County, Florida at the Owner's expense. SECTION 16. COUNTERPARTS. This Agreement and any amendments hereto may be executed in any number of counterparts, each of which shall be deemed an original instrument, but all such counterparts together shall constitute one and the same instrument. SECTION 17. EFFECTIVE DATE. This Agreement shall first be executed by the Owner and submitted to the City for approval by the Ocoee City Commission. Upon approval by the Ocoee City Commission, this Agreement shall be executed by the City. The Effective Date of this Agreement shall be the date of execution by the City. rSiznature Pazes Follow 7 ORLA_362135.10 -6- IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed the day and year first above written. Signed, sealed and delivered in the presence of: "CITY" CITY OF OCOEE, a Florida municipal corporation By: Signature S. Scott Vandergrift, Mayor Print/Type Name Signature Attest: Beth Eikenberry, City Clerk Print/Type Name (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this _ day of , 2006. FOLEY & LARDNERLLP City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2006 UNDER AGENDA ITEM NO. By: STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, 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, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this _ day of , 2006. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (ifnot legible on seal): My Commission Expires (if not legible on seal): ORLA_362135.10 -7- IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed the day of , 2006. Signed, sealed and delivered in the presence of: "OWNER" Signature John W. Holloway Print/Type Name Signature Print/Type Name Signed, sealed and delivered in the presence of: "OWNER" PLA TINUM HOLDINGS, INC., a Florida corporation Signature By: Print/Type Name Print Name: Signature Title: Print/Type Name [CORPORATE SEAL] ORLA_362135.10 -8- STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared JOHN W. HOLLOWAY who [ is personally known to me or [ ] produced as identification, and that he/she acknowledged executing the foregoing instrument, in the presence of two subscribing witnesses, freely and voluntarily. WITNESS my hand and official seal in the County and State last aforesaid this _ day of , 2006. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared , as of PLATINUM HOLDINGS, INC. who [ ] is personally known to me or [ ] produced as identification, and that he/she acknowledged executing the foregoing instrument, in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him/her, and that the seal affixed hereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this _ day of , 2006. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): ORLA_362135.10 -9- ORLA_362135.7 \ . 1 EXlllBIT "A" The "Holloway Property" DESCRiPTION: PARca B A PARCEL OF LAND IN THE SOUTHEAST 1/4 OF THE SOUTHweST 1/4 OF THE SOU7HWEST 1/4 OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE: AT 7HE SOUTHWEST CORNER OF SAID SECTION 20, AS A POINT OF REFERENCE; THENCE RUN N 89 '56'19 "E, ALONG THE SOUTH UNE THEREOF, 664.88 FEET TO THE WEST UNE OF' SAID SOU7HEAST 1/4 OF THE SOU'THWEST 1/4 OF 'THE SOU'THWEST 1/4; 7HENCE RUN N 00'18'23" W, ALONG SAID WEST UNE, 74.50 FEeT TO THE POINT OF BEGINNING SAID POINT LYING ON THE NORTH RIGHT OF WAY UNE OF STA TE ROAD No. 50; 7HENCE RUN S 8S.S7'04" E, ALONG SAID NOR'TH UNE, 100.00 FEET; THENCE: RUN N 0018'23" W, 243.4-7 FEET; 'THENCE RUN N 50'00'00" E, 107.70 FEET TO THE ItE'ST RIGHT OF WAY UNE OF THE A n.ANTIC COASruNE RAILROAD AS RECORDED IN OFF7C1AL RECORDS BOOK 3607, PAGE 2027 OF THE PUBUC RECORDS OF ORANGE COUNTY, FLORIDA, SAID UNE BEING A CURVE CONCA VE' TO 7HE NOR7HEAST; THENCE: RUN NORTHWESTERLY ALONG SAID WEST UNE AND CURVE HAVING A CENTRAL ANGLE OF 2'10'58", A RADIUS OF sn9.BS FEET, AN ARC LENG'TH OF 220.18 FEET, A CHORD BEARING OF N 37"04'20. W AND A CHORD DISTANCE OF 220.16 FEET; THENCE RUN N 35'58'51. W, CON17NUlNG ALONG SAID WEST UNE, B7.61 FEET TO THE AFORESAID WEST UNE OF' THE SOU7HEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 20; THENCE RUN S 00'18'23'" E, ALONG SAID WEST UNE,e559.18 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1.29+ ACRES MORE OR LESS. ORLA_362135.7 EXHIBIT "B" The "Platinum Property" DESCRIPTION: PARGa A A PORTION OF' THE ABANDONED A TI-ANTlC COASnJNE RAILROAD AS RECORDED IN OFFICIAL RECORDS BOOK 3607, PAGE 2027 OF' THE PUBLIC RECORDS OF' ORANGE COUNTY, FLORIDA BEING DESCRIBm AS FOLLOWS: COMMENCE A T THE SOUTHWEST CORNCR OF' SECTlON 20, TOY-INSHIP 22 SOUTH, RANGE 28 EAST. ORANGE COUNTY. FLORIDA AS A POINT OF REFERENCE; 71iENCE RUN N 89"SS'19.E, ALONG THE SOUTH LINE THEREOF, 664.88 FEET TO THE WEST LINE OF' THE SOUTHEAST 1/4 OF THE SOUTHWC7ST 1/4 OF' THE SOU71iWEST 1/4 OF SAID ~CTlON 20; 71iENCE RUN N 00'18'23" W, ALONG SAID WEST LINE, 74.50 FEU TO 71iE NOR71i RIGHT OF WA Y LINE OF STA TE ROAD No. 50; THENCE RUN S 89 OS 7'04 " E, ALONG SAID NORTH LINE, 250.00 FEET; THENCE RUN N 00'1 S'23"W, 200.00 FEET; THENCE RUN N 50'00'00"E, 17.93 FEET TO THE POINT OF BEGINNING, SAID POINT LYING ON THE WEST RIGHT OF WA Y LINE OF' AFORESAID A n.ANTIC COASnJNE RAILROAD; THENCE CONTlNUE N 50'00'00. E, 700.00 FEET TO 71iE EAST RlGHT OF WA Y LINE OF SAID RAILROAD, SAID LINE BEING A CURVE CONCA VE TO THE NORTHEAST; THENCE RUN NOR 71iWESTERL Y ALONG SAID EAST LINE AND CURVE HA V7NG A CENTRAL ANGLE OF 3'27'42., A RADIUS OF .5079,65 FEET, AN ARC LENGTH OF 343.76 FEET, A CHORD BEARING OF' N 37'42'42" W AND A CHORD DISTANCE: OF .34.3.11 FEET; THENCE: RUN N 3SOS8'S1" W. CONTlNUING ALONG SAID EAST LINE, 28.88 FEET; THENCE RUN N 39'18'#" W, 52.71 FEET TO THE NORTH LINE OF THE AFOREMENTIONED SOUTHWEST 7/4 OF THE SOUTHWEST 7/4 OF SAID SECTlON 20; THENCE RUN N 89'4S'26" W. ALONG SAID NORTH UNE, 82.37 FEET TO THE WEST LINE THEREOF; THENCE RUN S 00'18'2.3. E, ALONG SAID WEST LINE, 52.36 FEET TO THE AFORESAID WEST RIGHT OF' WA Y LINE OF THE RAILROAD; THENCE RUN S .35OSS'57" E, ALONG SAID ~ST LINE, 87.61 FEU TO A CURVE CONCA VE TO THE NORTHEAST; THENCE RUN SOU7HEASTERL Y ALONG SAID WEST LINE AND CURVE: HA V7NG A CENTRAL ANGLE: OF J'28'17", A RADIUS OF 5779.65 FEET, AN ARC LENGTH OF 350.18 FEET, A CHORD BEARING OF S 37'43'00" E AND A CHORD DISTANCE OF' 350.12 FEET TO THE POINT OF' BEGINNING. THE ABOVE DESCRIBED PARca OF LAND CONTAINS 1.0.37 ACRES MORE OR LESS. EXIllBIT "B" CONTINUED DESCRIPTION: PARCEL C A PARCEL OF LAND IN 7HE SOU7HEAST 1/4- OF 7HE SOU7HWEST 1/4 OF THE SOU7HWE::ST 1/4- OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA BClNG DESCRIBED AS FOlLOWS: COMMENCE AT 7HE SOUTHWCST CORNER OF SAID SECTION 20, AS A Po/NT OF REFERENCE:; THENCE: RUN N 89'56'19nE, ALONG THE SOUTH UNE THEREOF, 664.88 FEET TO THE WEST UNE OF SAID SOUTHEAST 1/4 OF THE SOU7HWCST 1/4 OF THE SOU7HWEST 1/4; 7HENCE RUN N 0018'23" W, ALONG SAID WEST UNE, 74-.50 FEET TO THE NORTH RIGHT OF WAY UNEOF STATE ROAD No. 50; THENCE RUN S 89"57'04" E, ALONG SAID NORTH UNE, 250.00 FEET; THENCE RUN N 0018'23"W, 200.00 FEET; THENCE RUN N 50'OO'OO"E, 117.93 FEET TO THE EAST RIGHT OF WAY UNE OF ATLANTIC COASTLlNE RAILROAD, SAID UNE BE1NG A CURVE CONCAVE TO THE NOR7HEAST; THENCE RUN NOR THWESTERL Y ALONG SAID EAST UNE AND CURVE HAVING A CENTRAL ANGLE OF 1'34'04", A RADIUS OF 5679.65 FEET, AN ARC LENGTH OF 155.42 FEET, A CHORD BEARING OF N 38'39'312" W AND A CHORD DISTANCE OF 155.42 FEET TO THE POINT OF BEGINNING; 7HENCE CONTINUE NOR 7H WESTERL Y ALONG SAID EAST UNE AND CURVE: HA \liNG A CENTRAL ANGLE OF 1'53'38", A RADIUS OF 5679.65 FEET, AN ARC LENGTH OF 187.74 FEET, A CHORD BEARING OF N 30'55'40" W AND A CHORD DISTANCE OF 187.73 FEET; 7HENCE RUN N 35'58'51" W, ALONG SAID EAST UNE, 28.88 FEET; THENCE RUN S 3918'44" E, 167.43 FEET; THENCE RUN S 34'28'13" E, 32.54 FEET TO A CURVE CONCA \IE TO THE WEST; THENCE: RUN SOUTHERLY ALONG SAID CURVE HAVING A CENTRAL ANGlE OF 34'39'10", A RADIUS OF 30.00 FEET, AN ARC LENGTH OF 18.14 FEET, A CHORD BEARING OF S 17'08'38. E AND A CHORD DISTANCE OF 17.87 FEET TO 7HE Po/NT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.024 ACRES MORE OR LESS. EXHIBIT "C" The "ABC Property" FROM THE SW CORNER OF SE 1/4 OF SW 1/4 OF SW 1/4 OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE: 28 EAST, RUN NORTH 00;8'23" WEST 74.5 FEET ALONG THE WEST BOUNDARY OF SAID SE 1/4 OF SW 1/4 OF SW 1/4 OF SEC110N 20 TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE: ROAD NO. 50 FOR THE POINT OF BEGINNING; RUN THENCE SOUTH 89"57'04" EAST 100.00 FEET ALONG THE SAID NORTH RIGHT or WAY UNE; RUN THENCE NORTH 00;8'23" WEST 243.47 FEET PARAUEL WITH THE AFORESAID m::ST BOUNDARY OF SE 1/4 OF SW 1/4 OF SW 1/4; RUN THENCE NORTH 50"00'00. EAST 128.94 FEET TO A POINT ON THE WESTERL Y RIGHT OF WAY LINE OF THE A nANTlC COAS1UNE RAILROAD RIGHT OF WAY (NOW ABANDONED); RUN THENCE NORTH 38"44'51" WEST 320.44 FEET ALONG THE A nANTlC COAS1l..JNE RAILROAD RIGHT OF WAY (NOW ABANDONED) TO THE INTERSECTION WITH SAID WEST LINE OF THE SE 1/4 OF mE SW 1/4 OF THE SW 1/4 OF SAID SEC770N 20; RUN THENCE soum 0018'23" EAST A DISTANCE OF 576.18 FEET (595.36 FEEt-DEED) TO THE POINT OF BEGINNING, AND BEING SITUA TED IN ORANGE COUNTY, FLORIDA. CONTAINING 1.415 ACRES MORE OR LESS. EXHIBIT "D" The "Project Property" DESCRIPTION: A PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY. FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHYIE:ST 1/4 OF SAID SECTION 20; THENCE RUN N 0018'2.3" W ALONG THE WEST UNE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, 73.90 FEET TO THE NORTH RIGHT OF WA Y LINE OF STATE ROAD NO. 50 FOR THE POINT OF BEGINNING; THENCE CONTINUE N OO'18'23u W ALONG SAID WEST LINE, 614.68 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN S 89'45'26" E ALONG SAID NORTH LINE, 85.78 FEET TO THE EAST RIGHT. OF" WAY LINE OF" THE ABANDONED RAILROAD RIGHT Of WA Y,' THENCE RUN S .35'55'52" E ALONG SAID EAST RIGHT OF WAY LINE. 79.91 FEET TO A CURVE CONCAVE TO THE NORTHEAST; THENCE RUN SOUTHEASTERL Y ALONG SAID CURVE HA VlNG A CENTRAL ANGLE OF 3'28'36", A RADIUS OF 5679.65 FEET. AN ARC LENGTH OF 344.64 fEET, A CHORD BEARING OF S .37'40'10" E AND A CHORD DISTANCE OF 344.59 fEET TO A POINT OF NON- TANGENCY; THENCE RUN S 50'00'00" Iv, 118.84 FEET TO A UNE 250 fEET EAST OF, AT PERPENDICULAR MEASURE TO, THE AFORESAID WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4; THENCE RUN S 0018'2.3" E ALONG SAID LINE, 200.43 FEET TO THE NORTH RIGHT Of WAY LINE Of STATE ROAD NO. 50; THENCE RUN S 89'59'.37" W ALONG SAID NORTH RIGHT OF WAY LINE. 250.00 FEET TO THE PO/NT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS .3.301 ACRES MORE OR LESS. EXHIBIT "E" The "Waivers" Code Section Code Proposed Justification Requirements Standards 6.14.C.l (c) 10' wide open 2' wide open Developer area around area on west providing open buildings to side of area on north separate from Building #2 side of building parking areas #2 Developer is donating 30- 40.6 ft of R.O.W. along Bluford A venue 6.4.G.6 (h) 1 parking space Reduce parking Developer is per 200 SF by 2 spaces for donating 30- gross building Building 2 40.6 ft of area R.O.W. along Bluford Avenue 6.14.C.2 (b) 15 ft landscape Allow 5' Developer is buffer at retention pond donating 30- Bluford berm in 40.6 ft of Avenue landscape R.O.W. along R.O.W. (WI buffer Bluford R.O.W. Avenue dedication) EXHIBIT "F" The "Right-of-Way Property" A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, Fl..ORIDA BEING DESCRIBED AS FOLLO"WS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4, AS A POINT OF REFERENCE; THENCE RUN N00"20'21"W, FOR A DISTANCE OF 75.00 FEET TO THE NORTH RIGHT OF WAY UNE OF STATE ROAD No. 50: THENCE RUN N8S'4S'41" E. ALONG SAID NORTH UNE, FOR A DISTANCE OF 664.7S FEET TO A BROKEN 4"X4" CONCRETE MONUMENT MARKING THE WEST UNE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20; THENCE RUN N00"18'2J"'W, ALONG SAID WEST UNE, FOR A DISTANCE OF 614.68 FEET TO THE NORTH UNE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF' THE SOUTHWEST 1/4; THENCE RUN S89'4S' 2S.E, ALONG SAID NORTH UNE, FOR A DISTANCE OF JJ.SJ FEET TO THE POINT OF BEGINNING: THENCE CONTINUE S89'45' 2S.E, ALONG SAID NORTH UNE, FOR A DISTANCE OF 52.25 FEET TO THE EASTERLY RIGHT-OF-WAY UNE OF THE ATl.ANTIC COASTUNE RAILROAD: THENCE LEAVING SAID NORTH UNE RUN S3S'S5'S2"E ALONG SAID EASTERLY UNE, FOR A DISTANCE OF 79.91 FEET TO A POINT OF CUR VA TURE OF A CURVE CONCAVE TO THE NORTHEAST; THENCE RUN SOUTHEASTERLY ALONG SAID EASTERL Y UNE AND SAID CURVE HAVING A CENTRAL ANGLE OF OJ'28'J6"', A RADIUS OF 5679.65 FEET AND AN ARC LENGTH OF J44.64 FEET TO A NON-TANGENT UNE; THENCE LEAVING SAID EASTERLY UNE RUN SSO'OO.OO..W, FOR A DISTANCE OF JO.21 FEET; THENCE RUN NJ8'44'S1"W, FOR A DISTANCE OF 457.88 FEET TO THE POINT OF BEGINNING; THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.337 ACRES MORE OR LESS. Dlo-5~ Copy of Public Hearing Advertisement Date Published \\'l\Ar s d ll~ I Ot~ .1( 1.00 lJ ovlClndCJ ~ evtfLY\.U - Cl u ~~ tfI'uLs- Advertisement ABC FINE WINES 110 SPIRITS . ANNEXATlONl1lEZONING AX-IM-05-18 NOTICE IS HEREBY GNEN, pursuant 10 Section 4.3 A. (3)(bl. Ocaee evelapment Code, Ihal an Tuesday, Decem. ber 19, I 7:15 p.m. or as soan thereafter as pracll. leal, Ihe CITY COMMISSION will hold a PUBLIC HEARING 01 ~~~r~ rive, Ibc~~~rvJr~~rJa,cr~~~~I~ei5~~nO:~tI~~k~; the propertv and Rezoning 10 Cllv of Ocoee C'2 (Commu- nitv Commercial District). The propertv is located an the gfrlh~ ~~~r~~~Y6~n~~1 tR5j~~d <Jf~:~~~n;,~~lto~~~i~eb~e~~ ABC Fine Win06 & Spirita ~ocallon Map "Colonial Drive .mTp.m! ...} :......... ,J Jmm~~Y:=7>.::; ~--_..]..r4~ "V ...~--. ;" 'V" ~,t"..,.:.~~___ _ '~~( m! I:~=!II ,". ! i mj L .' C.~,/ .l/"~" Iii riil i, \I! !~ t.-t-........ . I-,L......A .... ,~ i:::?}:lJ !LAKE Lll?L', The complele case file, including a complete legal de. scription bv meles and bounds, may be inspected 01 Ihe Eg~:;h~~~B'r~~~t,v &~~~o~\'ci~rJa ~6~f\;;~~~nt~e 15~0~~r~~ 8:00 a:m. and 5:00 p.m., Mondav through Fridav, except legal holidovs. The Citv Commission mav continue the public hearings to other dates and times, as it deems necessarv. Anv inter- ested partv shall be advised Ihal Ihe dates, times, and ~~~W~g~f s~go g~nJ~~~~~g~d oJu:.'l~~ett1": h~~~\h"~se~n~uf~~1 no furlher notices regarding Ihese molters will be pub- lished. 1R,1~~~:adWW~[~:;p~~vtoaf~:~~o~o~~~ 'A"nb~~~~11g~i~~~ 'lfe~ zoning of Ihe propertv. Anv person wishing 10 appeal anv decision made during Ihe publiC hearing will need are. cord of Ihe proceedings and tor this purpose may need 10 ensure thai a verbalim record of Ihe proceedings is made which Includes the testimonv and evidence upon which the appeai Is based. Persons with disabillt1es needing as- sistance to participate in anv of Ihe proceedings should contacl the Cilv Clerk's Office 48 hours in advance 01 the meeting 01 (407) 905.3105 Beth Eikenberry, Citv Clerk OLS129145 12fl/06