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HomeMy WebLinkAboutItem #06 (a,b) Maine Street Parcels - Annexation Ordinance AGENDA ITEM COVER SHEET Meeting Date: December 19, 2006 Item # (p t!)b Contact Name: Contact Number: Bobby Howell tAi 407 -905-3100 x 1044 Reviewed By: Department Director: City Manager: Subject: Maine Street Parcels - Annexation Ordinance Project # AX-07 -07 -29 Background Summary: The owners of the Maine Street Parcels are requesting annexation of the subject properties into the jurisdictional boundary of the City of Ocoee. The subject properties include approximately 33.176 acres of land and are generally located on the northwest corner of Maine Street and Chicago Avenue, South of Tiger Minor Park, and east of Richmond Avenue. The properties are comprised of several residential dwelling units and agricultural uses consisting of citrus groves and associated uses. The property adjoins the Ocoee Cemetery site. Issue: Should the Honorable Mayor and City Commission approve the Annexation of +/- 33.176 acres parcel of land known as the Maine Street Parcels? 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. Annexation of the subject properties will reduce an existing enclave that the subject parcels are contained within. The subject properties are contiguous to the City limits on the south, west, and east. To the north is City owned property currently within unincorporated Orange County that is comprised of Tiger Minor Park, and a former water treatment site. This property will be annexed into the City at a later date in order to totally eliminate the enclave. The subject properties are contiguous to the City of Ocoee and, therefore, eligible for annexation. 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. 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 parcels, Staff determined that urban services could be adequately provided to the subject properties. Should the applicant 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 requires the developer to dedicate all remaining areas within any wetland or 100- year floodplain to the City, dedicate sufficient right-of-way for a bike path along the wetlands and 100-year floodplain, and to dedicate a minimum of 100-feet of right-of-way for Maine Street to the City. 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. Rezoning will take place at a future date. Recommendations: DEVELOPMENT REVIEW COMMITTEE (ORC) RECOMMENDATION: On October 26, 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 the Maine Street Parcels as presented. PLANNING AND ZONING COMMISSION RECOMMENDATION: The proposed Annexation of the Maine Street Parcels was reviewed at a Public Hearing by the Planning and Zoning Commission on November 14, 2006. A representative of the Orange County School Board stated that the developer should request a meeting in regards to school capacity issues prior to rezoning of the property. After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend approval of the Annexation of the +/-33.176 acres parcel of land known as the "Maine Street Parcels". STAFF RECOMMENDATION: Based on DRC and P&Z recommendations, Staff recommends that the Mayor and City Commissioners approve an Ordinance for Annexation of the +/-33.176 acre parcel of land known as the "Maine Street Parcels" . 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 Commission Approval Discussion & Direction For Clerk's Deot Use: Consent Agenda 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 I ~ f-- \ / ~ - -(H ~ _-( - ::z- - <(- - W- - --( - - - - 1\ = I vr ... II '\II '\L - f---' I I rlE.~ I~.I.I Il:I :1''4 t: V f\ I II =0 -- '"- 1: ~ Q --j - ..... ~ I - - - - :::t - r- .... - - - ;- II~ o z o ~ :r: (.) 0::: Maine Street Parcels Location Map ~...u IIIT- 4- ~ ~ Dc",~t\~DIINbJ = -- -g ~ = A -~ ~ - UJ --< 0::: ..-J w -<3 -1.- T\~ = ~ IIJf-- -l I - I 1 I =./ ,"" .1 ~ ~ ~ GE NE~A ~ = CROOKtffi tFREE~ ~ '< I 8-~ ~~ ---=----~ ~ 'R ~ 1/ Mh\INE S~~~NIAL u LAKE BENNET I ~~Il ~~ (SEDALI~ l ,- ~ ~ ~ -J ~ fr o - o o S ~ r-- ~ ;d ~ '-- -- r--- 6) _I.~ ~ O~U~E t Ocoee Community Development Department 1 inch equals 597.014925 feet 19095 0 190 380 570 Feet Printed: September 2006 C Subject Property EEEB Unincorporated Territory and Other Municipalties _ 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 Maine Street Parcels Current Future land Use Map CONS LAKE BENNET Q _1.~ " Q~b~i I Ocoee Community Development Department 1 inch equals 597.014925 feet 200100 0 200 400 600 Feet Printed: September 2006 C Subject Property I""I"nI Unincorporated Territory IJ;JJJ and Other Municipalties Zoning Classification: General Agricultural (A-1) _ Suburban (A-2) Single-Family Dwelling (R-1AAA) Single-Family Dwelling (R-1AA) [" J 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) iB Low Density (PUD) _ Medium Density (PUD) III High Density (PUD) _ Public Use (PUD) /" // Unclassified Lakes and Water Bodies Maine Street Parcels Surrounding Zoning Map R~1~~rl I ~ - -1;:::>- \ / ~ - - -~~ --{ -<t =i<t ~tf; = :L- :x -~ -~ 4:-nJ' = ~ --E --0: ~-( ,.r:- ::j; -<t -- - T - -C -~ -- - - - "lL I - I I hHllhlA I I I r. 0= \ - - A-h .. I ~ - }- f-- L- - - I f-- 8== - - - ~~~= - - -" - '- f-- I ) f- \, I-- I 1 IJ'llf"1 _ ") -= LAKE BENNET - - -f--G f--f-- H f--I (~dookltd> tfRElE KS . *w j I ~" ; ~ :-xt~:;'~1 ~d~.bc_: . . ,.:; '. . :'iJ.n~ . ':,'", ..~., - .. o CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX-07 -07 -29 ApPLICANT NAME: McCormick Road, LLC PROJECT NAME: MAINE STREET PARCELS This form is used to evaluate annexation requests to determine the feasibility of providing urban services tc individual properties. Each department has filled in the appropriate section and the findings are summarized below. II. PLANNING DEPARTMENT Bobby Howell I A. A licantlOwner 1. Owner (if different from Applicant): Hawthorne Properties, LTD., Douglas Alan Popwell, M. Claude Hawthorne, James Hawthorne B. Property Location 1. General Location: Northwest corner of Chicago Avenue and Maine Street 2. Parcel Identification Numbers: 17-22-28-6144-05-080, 17-22-28-6144-05-140, 17- 22-28-6144-05-141,17-22-28-6144-05-150,17-22- 28-6144-05-152, 17-22-28-6144-05-151 3. Street Addresses: 955 Chicago Ave, 361 Maine Street, 355 Maine Street, 1177 Chicago Ave, 1101 Chicago Ave, 955 Chicago Ave 4. Size of Parcels: 33.176 acres total for all 6 parcels. c. Agricultural! Residential Multi-family residential 16 du/acre Unknown D. High Density Residential/ Conservation/Floodplains A-1 (Agricultural District) High Density Residential R-3 (Multiple-Family Dwelling) E. Yes Yes III. FIRE DEPARTMENT Chief Richard Firstner 1. Estimated Response Time: 2-3 miles 2. Distance to Property: 1 mile from FD 1 (Bluford Avenue) 3. Fire Flow Requirements: 500 gpm Page 1 of 3 Applicant Name: McCormick Road, LLC Project Name: Maine Street Parcels Case #: AX-07-07-29 111I. POLICE DEPARTMENT Chief Ron Reffett 1. Police Patrol Zone I Grid I Area: Zone 3 / Grid 12 2. Estimated Response Time: 5-9 minutes 3. Distance to Property: 2 miles 4. Averaae Travel Time 8-10 minutes Bobby Howell $312,610 for all 6 parcels $312,610 for all 6 parcels Unknown Unknown Unknown Unknown BUILDING DEPARTMENT 1. Within the 100- ear Flood Plain: Bobby Howell Yes - portions I VI. UTILITIES David Wheeler, P. E. I A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Servina Area: Yes 3. Extension Needed: Yes 4. Location and Size of 12 inch on Bluford and 12 inch on SR 50 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 Yes L.S. # 7 located in Richmond Avenue right-of-way south of Maine Street Yes I C. Other 1. Utility Easement Needed: No, only right-of-way 2. Private Lift Station Needed: No, City owned 3. Well Protection Area Needed: No Page 2 of 3 Applicant Name: McCormick Road, LLC Project Name: Maine Street Parcels Case #: AX-07-07-29 I VII. TRANSPORTATION Bobby Howell 1. Paved Access: Yes - upon development 2. ROW Dedication: 1 DO-feet along the Maine Street corridor 3. Traffic Study: Yes 4. Traffic Analysis Zone: 594 I VIII. PRELIMINARY CONCURRENCY EVALUATION Bobby Howell To be determined during the latter stages of development review. A. Transoortation: Tiger Minor Park to the north will be able to serve the property. B. Parks I Recreation: At the time of the 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 subdivision 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 subdivision plan approval process. To be determined at the time the building permit is requested. F. Imoact Fees: I IX. SITE SPECIFIC ISSUES All Departments I This site will enter into an Annexation Agreement. For the specifics of the agreement, please see the attached, Proposed Conditions of Approval: Maine Street Parcels. I X. CONSISTENCY WITH STATE REGULATIONS: Bobby Howell I These properties are contiguous with the City Limits and reduce the area of an enclave; therefore this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes. Page 3 of 3 ORDINANCE NO. (Annexation Ordinance For Maine Street Parcels) TAX PARCEL ID #s 17-22-28-6144-05-080 17-22-28-6144-05-140 17-22-28-6144-05-141 17-22-28-6144-05-150 17-22-28-6144-05-152 17-22-28-6144-05-151 CASE NO. AX-07-07-29: Maine Street Parcels AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 33.176 ACRES LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF MAINE STREET AND CHICAGO AVENUE, SOUTH OF TIGER MINOR PARK AND EAST OF RICHMOND AVENUE PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owners of certain real property located in unincorporated Orange County, Florida, as hereinafter described, have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to armex said real property into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has detem1ined that said petition bears the signatures of all owners of the real property proposed to be armexed 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 ORLA_ 428141.1 -1- WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement (the "JPA Agreement") which affects the annexation of the real property hereinafter described; and WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with the JP A Agreement, and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City Conunission that it approve said annexation petition; and WHEREAS, the Ocoee City Conunission has the authority, pursuant to Section 171.044, Florida Statutes, to annex said real propelty into its corporate limits upon petition of the owners of said real property; and WHEREAS, the Ocoee City Conunission 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 almexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF). Section 4. A map of said land herein described which clearly shows the amlexed area is attached hereto and EXHIBIT "B" and by this reference is made a part hereof. Section 5. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JP A Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JP A Agreement, and the Ocoee City Code. Section 6. The corporate ten'itorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and amlexed. ORLA_ 4281411 -2- Section 7. The City Clerk is hereby authorized 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 ofthe City of Ocoee, Florida. Section 9. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. This Ordinance shall take effect upon passage and adoption. Thereafter the City Clerk is hereby directed to file a cel1ified 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_ 428141.1 -3- EXHIBIT "A" Legal Descriptions of Annexed Properties PARCEL NO.1 The North 210 feet of the South 420 feet of the West 210 feet of Lot 14, Block 5, TOWN OF OCOEE, according to the plat thereof as recorded in Plat Book "A", Pages 100 and 101, Public Records of Orange County, Florida, and the East 30 feet of the South 420 feet of Lot 13, Block 5, TOWN OF OCOEE, according to the plat thereof as recorded in Plat Book "A", Pages 100 and 101, Public Records of Orange County, Florida. PARCEL NO. 2 Commence at the Northeast comer of Lot 15, Block 5, TOWN OF OCOEE, as recorded in Plat Book "A", Pages 100 and 101, of the Public Records of Orange County, Florida; thence South 00'06'25" West, 99.24 feet along the East line of said Lot 15 for a Point of Beginning; thence continue South 00'06'25" West, 143.00 feet; thence North 88'09'07" West 308.34 feet; thence North 00'06'25" East, 143.00 feet; thence South 88'09'07" East, 308.34 feet to the Point of Beginning. PARCEL NO.3 A parcel of land being a portion of Lots 8 and 15, Block 5, and Georgia Street, now vacated, TOWN OF OCOEE as recorded in Plat Book "A", Pages 100 and 101, Public Records of Orange County, Florida, more particularly described as follows: Begin at the Northeast comer of Lot 15, Block 5, TOWN OF OCOEE as recorded in Plat Book "A", Pages 100 and 101, Public Records of Orange County, Florida; thence South 00'06'25" West 99.24 feet along the East line of said Lot 15; thence North 88'09'07" West 308.34 feet; thence North 00'06'25" East 263.39 feet; thence South 88'09'07" East 308.34 feet; thence South 00'06'25" West 164.15 feet to the Point of Beginning. PARCEL NO.4 A portion of Block 5, MAP OF OCOEE, as recorded in Plat Book "A", Pages 100 and 101 of the Public Records of Orange County, Florida, being more particularly described as follows: Begin at the Southwest comer of Block 5, MAP OF OCOEE, as recorded in Plat Book "A", Pages 100 and 101; thence South 88057'04" East along the South line of said Block 5, a distance of 604.78 feet; thence North 00007'59" East, 420.00 feet; thence South 88057'04" East, 240.00 feet; thence South 00007'59" West, 420.00 feet; thence South 88057'04" East along the South line of said Block 5, a distance of 424.78 feet; thence North 00006'25" East along the East line of said Block 5, a distance of 163.68 feet; thence North 88009'07" West, 308.34 feet; thence North 00006'25" East, 618.30 feet; thence South 88009'07" East, 308.34 feet; thence North 00006'25" East along the East line of said Block 5, a distance of 513.67 feet; thence North 88020'51" West along the North line of said Block 5, a distance of 951.49 feet; thence South 00008'43" West EXHIDIT "A" CONTINUED along the West line of Lot 10, said Block 5, a distance of 652.83 feet; thence North 88038'58" West along the centerline of vacated Georgia Street as shown on said plat, 317.28 feet; thence South 00009'32" West along the West line of said Block 5, a distance of 654.50 feet to the Point of Beginning. PARCEL 5 Commence at the Northeast comer of Lot 15, Block 5, MAP OF OCOEE, as recorded in Plat Book "A", Pages 100 and 101, of the Public Records of Orange County, Florida; thence South 00006'25" West 242.24 feet along the East line of said Lot 15 for a point of beginning; thence continue South 00006'25" West 211.91 feet; thence North 88009'07" West 308.34 feet; thence North 00006'25" East 211.91 feet; thence South 88009'07" East 308.34 feet to the point of beginning. PARCEL 6 Begin at the Southwest comer of Lot 14, Block 5, of the Map of Ocoee, according to the plat thereof as recorded in Plat Book "A", Pages 100 and 101, Public Records of Orange County, Florida, in Section 20, Township 22 South, Range 28 East, thence run North along the West line of Lot 14, 210 feet, thence run East, parallel with the South line of Lot 14, 210 feet, thence run South, parallel with the West line of Lot 14, 210 feet, thence run West 210 feet along the South line of Lot 14 to Point of Beginning. -6- ~ CI :z o ~ I () 0::: I, lr.~.~":-" \<''''~~ '\, \. '\~ rr~, e EXHIBIT "B" Maine Street Parcels Location Map jv IIINt: .,.,ltJ '- w ~ ~~~ ,,^,~ '-' -'-.A.<,'\ ....,\\. -.................... A~^, , LAKE BENNET ~ / / ( J NIAL ...LJ '-~' ........., I , , ~ ",. .,,~' , ',,- . \ " ", I~:----J/ /\ '-. "'.../ \ -6- THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Nicholas N. Palmer, Esq. FOLEY & LARDNER LLP III North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 Case No.: AX-07-07-29: Maine Street Parcels Tax I.D. #: 17-22-28-6144-05-080 17-22-28-6144-05-140 17-22-28-6144-05-141 17-22-28-6144-05-150 17-22-28-6144-05-152 17-22-28-6144-05-151 For Recording Purposes Only ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT (this "Agreement") is made this _ day of , 2006 by and among the CITY OF OCOEE, a Florida municipal corporation (the "City"), whose mailing address is ] 50 North Lakeshore Drive, Ocoee, Florida 3476], HAWTHORNE PROPERTIES, LTD., a Florida limited partnership ("Hawthorne Properties"), whose mailing address is 3808 Doune Way, Clermont, Florida 347]], DOUGLAS ALAN POPWELL ("Popwell"), whose mailing address is 36] Maine Street, Ocoee, Florida 3476], M. CLAUDE HAWTHORNE ("Claude Hawthorne"), whose mailing address is P.O. Box 77]]84, Winter Garden, Florida 34777-1 ]84, and CHARLES E. HAWTHORNE, TRUSTEE ("Charles Hawthorne"), whose mailing address is 3808 Doune Way, Clermont, Florida 347]] (collectively, Hawthorne Properties, Popwell, Claude Hawthorne and Charles Hawthorne are referred to herein as the "Owner"). RECITALS WHEREAS, the Owner 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 "Property"); and WHEREAS, pursuant to Section ] 7] .044, Florida Statutes, the Owner has petitioned the City Commission of the City (the "Ocoee City Commission") to voluntarily annex the 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 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 Property into the corporate limits ofthe City; and ORLA_ 421096.4 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 lP 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 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 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 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. 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. RECITALS. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. ANNEXATION 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-07-07-29, thereby redefining the corporate territorial limits of the City to include the Property. SECTION 3. CONVEYANCE OF MAINE STREET ROAD RIGHT-OF-WAY. Within ninety (90) days of a request for the same by the City but in no event later than the time of City approval of a Plat for any portion of the Property, the Owner shall convey to the City a strip ofland running through the Property, not to exceed one hundred (100) feet in width, which the City intends to utilize as an extension of Maine Street as a four-lane roadway through the Property (the "Right-of-Way Property"). The specific location and configuration of the Right- of-Way Property shall be determined by the City, in its sole and absolute discretion, and will be included as part of the Final Subdivision Plan for the 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 of the 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 of title 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 ORLA_ 421096.4 2 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 improvements are made within the Right-of-Way Property. The parties hereto acknowledge that the conveyance of the Right-of-Way Property to the City does not discharge any obligation of the Owner to construct roadway improvements, which the City may otherwise require as part of the Preliminary and Final Subdivision Plans for the Property. Nothing herein shall be construed to require the City to construct any improvements within the Right-of-Way Property or to expend any funds for such purpose. SECTION 4. SUPPLEMENTAL CONDITIONS. The Owner hereby agrees that the Property shall be developed in accordance with and is made subject to those certain Supplemental Conditions attached hereto as Exhibit "B" and by this reference made a part hereof (the "Supplemental Conditions"). The Owner further agrees to comply with all of the terms and provisions ofthe Supplemental Conditions. SECTION 5. 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 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: Hawthorne Properties, Ltd. 3808 Doune Way Clermont Florida 34711 Douglas Alan Popwell 361 Maine Street Ocoee, Florida 34761 M. Claude Hawthorne P.O. Box 771184 Winter Garden, Florida 34777-1184 Charles E. Hawthorne, Trustee 3808 Doune Way Clermont, Florida 34711 City: City ofOcoee ORLA_ 421096.4 3 Attn: City Manager 150 North Lakeshore Drive Ocoee, Florida 34761 SECTION 6. 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 7. 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 8. 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 9. 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 10. 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 of the parties can continue to be effected. SECTION 11. 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 12. 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 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 13. 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. ORLA_ 421096.4 4 SECTION 14. 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 approval by the Ocoee City Commission. ORLA_ 421096.4 5 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed the day and year first above written. 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 ORLA_ 421096.4 "CITY" CITY OF OCOEE, a Florida municipal corporation By: S. Scott Vandergrift, Mayor Attest: Beth Eikenberry, City Clerk (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2006 UNDER AGENDA ITEM NO. 6 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 (if not legible on seal): My Commission Expires (if not legible on seal): ORLA_ 421096.4 7 IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed on the date(s) set forth below. "OWNER" Signed, sealed and delivered in the presence of: HA WTHORNE PROPERTIES, LTD., a Florida limited partnership Signature By: Name: Title: Print/Type Name Date: Signature Print/Type Name 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 HAWTHORNE PROPERTIES, LTD., a Florida limited partnership, who [ ] is personally known to me or [ ] produced as identification, and that he 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): ORLA_ 421096.4 8 "OWNER" Signed, sealed and delivered in the presence of: Signature Douglas Alan Popwell Print/Type Name Date: Signature Print/Type Name 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 DOUGLAS ALAN POPWELL, who [ ] is personally known to me or [ ] produced as identification, and that he 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): ORLA_ 421096.4 9 "OWNER" Signed, sealed and delivered in the presence of: Signature M. Claude Hawthorne Print/Type Name Date: Signature Print/Type Name 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 M. CLAUDE HAWTHORNE, who ] is personally known to me or [ ] produced as identification, and that he acknowledged executing the foregoing instrument in the presence oftwo 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 (ifnot legible on seal): ORLA_ 421096.4 10 "OWNER" Signed, sealed and delivered in the presence of: Signature Charles E. Hawthorne, Trustee Print/Type Name Date: Signature Print/Type Name 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 CHARLES E. HAWTHORNE, TRUSTEE, who [ ] is personally known to me or [ ] produced as identification, and that he 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 (ifnot legible on seal): ORLA_ 421096.4 11 JOINDER AND CONSENT TO ANNEXATION AGREEMENT (I.e. Funding, Inc.) The undersigned hereby certifies that it is the holder of a mortgage, lien or other encumbrance recorded in Official Records Book 4667, Page 1551, Public Records of Orange County, Florida, upon the a portion of the Property (as defined in the forgoing Annexation Agreement) and the undersigned for and in consideration of valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in and consent to the execution of the foregoing Annexation Agreement and agrees that the lien of its mortgage described herein above shall be subordinated to the forgoing Annexation Agreement. Signed, sealed and delivered in the presence of: I.e. FUNDING, INC., a Florida corporation By: Print Name: Printed Name: Title: Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of December, 2006, by who is the of I.e. FUNDING, INe., a Florida corporation. He/she LJ is personally known to me, or LJ has produced as identification. Signature of Notary Name of Notary (Typed, Printed or Stamped) ORLA_ 421096.4 12 JOINDER AND CONSENT TO ANNEXATION AGREEMENT (First Union National Bank of Florida) The undersigned hereby certifies that it is the holder of a mortgage, lien or other encumbrance recorded in Official Records Book 5208, Page 3853, Public Records of Orange County, Florida, upon the a portion of the Property (as defined in the forgoing Annexation Agreement) and the undersigned for and in consideration of valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in and consent to the execution of the foregoing Annexation Agreement and agrees that the lien of its mortgage described herein above shall be subordinated to the forgoing Annexation Agreement. Signed, sealed and delivered in the presence of: FIRST UNION NATIONAL BANK OF FLORIDA, a national banking association By: Print Name: Printed Name: Title: Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of December, 2006, by who is the of FIRST UNION NATIONAL BANK OF FLORIDA, a national banking association. He/she LJ is personally known to me, or LJ has produced as identification. Signature of Notary Name of Notary (Typed, Printed or Stamped) ORLA_ 421096.4 13 JOINDER AND CONSENT TO ANNEXATION AGREEMENT (Hawthorne Properties, Ltd.) The undersigned hereby certifies that it is the holder of a mortgage, lien or other encumbrance recorded in Official Records Book 8908, Page 989, Public Records of Orange County, Florida, upon the a portion of the Property (as defined in the forgoing Annexation Agreement) and the undersigned for and in consideration of valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in and consent to the execution of the foregoing Annexation Agreement and agrees that the lien of its mortgage described herein above shall be subordinated to the forgoing Annexation Agreement. Signed, sealed and delivered in the presence of: HA WTHORNE PROPERTIES, LTD., a Florida limited partnership By: Print Name: Printed Name: Title: Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this who is the PROPERTIES, LTD., a Florida limited partnership. or LJ has produced day of December, 2006, by of HAWTHORNE He/she LJ is personally known to me, as identification. Signature of Notary Name of Notary (Typed, Printed or Stamped) ORLA_ 421096.4 14 EXHIBIT "A" Legal Descriptions of Annexed Properties PARCEL NO.1 The North 210 feet of the South 420 feet of the West 210 feet of Lot 14, Block 5, TO\VN OF OCOEE, according to the plat thereof as recorded in Plat Book "A", Pages 100 and 101, Public Records of Orange County, Florida, and the East 30 feet of the South 420 feet of Lot 13, Block 5, TOWN OF OCOEE, according to the plat thereof as recorded in Plat Book "A", Pages 100 and 101, Public Records of Orange County, Florida. PARCEL NO. 2 Commence at the Northeast corner of Lot 15, Block 5, TOWN OF OCOEE, as recorded in Plat Book "A", Pages 100 and 101, of the Public Records of Orange County, Florida; thence South 00'06'25" West, 99.24 feet along the East line of said Lot 15 for a Point of Beginning; thence continue South 00'06'25" West, 143.00 feet; thence North 88.09'07" West 308.34 feet; thence North 00.06'25" East, 143.00 feet; thence South 88.09'07" East, 308.34 feet to the Point of Beginning. PARCEL NO.3 A parcel of land being a portion of Lots 8 and 15, Block 5, and Georgia Street, now vacated, TOWN OF OCOEE as recorded in Plat Book "A", Pages 1 00 and 1 0 1, Public Records of Orange County, Florida, more particularly described as follows: Begin at the Northeast corner of Lot 15, Block 5, TOWN OF OCOEE as recorded in Plat Book "A", Pages 100 and 101, Public Records of Orange County, Florida; thence South 00'06'25" West 99.24 feet along the East line of said Lot 15; thence North 88.09'07" West 308.34 feet; thence North 00'06'25" East 263.39 feet; thence South 88'09'07" East 308.34 feet; thence South 00.06'25" West 164.15 feet to the Point of Beginning. PARCEL NO.4 A portion of Block 5, MAP OF OCOEE, as recorded in Plat Book "A", Pages 100 and 101 of the Public Records of Orange County, Florida, being more particularly described as follows: Begin at the Southwest corner of Block 5, MAP OF OCOEE, as recorded in Plat Book "A", Pages 100 and 101; thence South 88057'04" East along the South line of said Block 5, a distance of 604.78 feet; thence North 00007'59" East, 420.00 feet; thence South 88057'04" East, 240.00 feet; thence South 00007'59" West, 420.00 feet; thence South 88057'04" East along the South line of said Block 5, a distance of 424.78 feet; thence North 00006'25" East along the East line of said Block 5, a distance of 163.68 feet; thence North 88009'07" West, 308.34 feet; thence North 00006'25" East, 618.30 feet; thence South 88009'07" East, 308.34 feet; thence North 00006'25" East along the East line of said Block 5, a distance of 513.67 feet; thence North 88020'51" West along the North line of said Block 5, a distance of 951.49 feet; thence South 00008'43" West EXHIBIT "A" CONTINUED along the West line of Lot 10, said Block 5, a distance of 652.83 feet; thence North 88038'58" West along the centerline of vacated Georgia Street as sho'WTI on said plat, 317.28 feet; thence South 00009'32" West along the West line of said Block 5, a distance of 654.50 feet to the Point of Beginning. PARCEL 5 Commence at the Northeast comer of Lot 15, Block 5, NIAP OF OCOEE, as recorded in Plat Book "A", Pages 100 and 101, of the Public Records of Orange County, Florida; thence South 00006'25" West 242.24 feet along the East line of said Lot 15 for a point ofbegimring; thence continue South 00006'25" West 211.91 feet; thence North 88009'07" West 308.34 feet; thence North 00006'25" East 211.91 feet; thence South 88009'07" East 308.34 feet to the point of beginning. PARCEL 6 Begin at the Southwest comer of Lot 14, Block 5, of the Map of Ocoee, according to the plat thereof as recorded in Plat Book "An, Pages 100 and 101, Public Records of Orange County, Florida, in Section 20, Tovvnship 22 South, Range 28 East, thence run North along the West line of Lot 14, 210 feet, thence run East, parallel with the South line of Lot 14, 210 feet, thence run South, parallel with the West line of Lot 14, 210 feet, thence run West 210 feet along the South line of Lot 14 to Point of Beginning. EXHIBIT "B" (The "Supplemental Conditions") I. The Owner shall execute an Annexation Agreement incorporating the conditions set forth below. 2. At the time of platting of any portion of the Property, the Owner shall convey to the City all non-developable lands, including all remaining wetlands, 100 year floodplain areas and a 25-foot upland buffer; provided, however, that to the extent any such "non- developable areas" are needed for mitigation (whether to the City or any other governmental entity), retention and/or passive recreational purposes as approved by the City, it is agreed that the Owner shall not be required to convey such portions thereof. Further, any such 25-foot upland buffer shall be included in calculating the Owner's compliance with applicable setback requirements. 3. The Owner agrees that the Property is not vested for concurrency or operational impacts on roads by virtue of this Agreement and the annexation of the Property. 4. The development plan for the Property shall provide for the conveyance to the City of a bicycle path in accordance with the Activity Center Plan set forth in the Land Development Code. 5. The development plan for the Property shall provide for the conveyance to the City of a minimum of 100-feet of right-of-way along the Maine Street corridor extending through the Property, unless otherwise agreed to by the City in connection with the approval by the City of a development plan for the Property. The existing Maine Street right-of-way will be included in any calculation of the right-of-way to be conveyed. The specific location and configuration thereof will be set forth in the development plan for the Property and shall be subject to the approval of the City. 6. The Owner will be required, at a minimum, to pave at their cost three lanes of Maine Street adjoining the Property at the time of development. Additional lanes and connecting roadway paving may also be required to access the Property and to provide adequate roadway capacity for concurrency purposes, unless otherwise agreed to by the City. 7. The Owner will work with surrounding property owners in creating a cohesive development pattern in the immediate area. 8. The Owner shall extend at their cost water, sewer, and reuse lines to the Property at the time of development; provided, however, that the City will pay for any oversizing of such utilities as may be requested by the City. 9. In connection with any of the conveyances, dedications, and improvements set forth above, the Owner shall not be entitled to any impact fee credits or other compensation of any kind for, on account of, or with respect to such conveyances, dedications and improvements; provided, however, that the foregoing shall not precluded the City from ORLA_ 421096.4 16 subsequently agreeing, at the City's sole option, to provide impact fee credits to the Owner in connection with the City approval of the initial zoning for the Property or in connection with the City approval of a preliminary or final subdivision or site plan for the Property. 10. Nothing set forth in the Annexation Agreement shall be construed as a waiver of any provisions of the Ocoee Comprehensive Plan and/or the Ocoee Land Development Code. ORLA_ 421096.4 17 6~~~3 Copy of Public Hearing Advertisement Date Published 1~\A.VSd Cli ( OU, 1(1-00 V ()dOJttdo5~~ ct 4- ~S(:nu1 [ Advertisement MAINE STREET PARCELS. ANNEXATION AX.07-07.29 NOTICE IS HEREBY GIVEN, pursuant to Section 4-3 A. (3)(b), Ocoee Land Development Code, that on Tuesday, Decem- ~~L \~e2~~E~bIW~tM~issY6Na~i~n~llI'~r~~~JjC ~?A~I'N'j,c~i the Ocoee City Commission Chambers, 150 North Lake- shore Drive, Ocoee, Florida, to consider Annexation of the Maine Street Parcels. The properties are located on the northwest corner of Maine Street and Chicago Ave- nue, South of Tiger Minor Park, and east of Richmond Avenue. Maine Street Pan:eis Location Map 3'-"'JI' . C...11 .'" t- [.::J 1..01 [ 'Tf-I'; I~. ~ I '1' f. ! ...--J1 \~~l~ o ilf~~,~ 5 n i'l r-I. ..:C -~~! :, I. ..... . 1 r.~~~. &~_ !mm~lrr-J L I: '~~~ I LAKEBENNE1. ~I I ~ iJ ~ r r ~,l' . .,;.___jCr--..~ t,! . _,... . ....-.--GObOOiJIl . . ~ ; --, ~ ,-- ~~-h ~ ....~~:~L] ,n 1_~_L_ _~,,'-;;=:~~/ ~\.~ The complete case file, including a complete legal de- scription by metes and bounds, may be inspected at the ~g~~;h~~~B'~~~t.y cPc~~~0~~~rga,D~~~~~~nlhe15~oJt~rb~ S:OO a.m. and 5:00 p.m., Monday through Friday, except legal holidays. The City Commission may continue the public hearings to other dotes and times, as it deems necessary. Any inter. ested party sholl be advised that the dotes, times, and h~"aW~g~f s~gX g~nJ~~~~~g~d odu~~~~etti': h~"a~\~~se~nduP~b1 no further notices regarding these matters will be pub- lished. Interested parties may appear at the public hearings and \ be heard with respect to the proposed Annexation. Any person wishing to appeal any decision mode during the public hearing will need a record of the proceedings and for this purpose maY need to ensure that 0 verbatim re- cord of the proceedings is made which includes the test;-, many and evidence upon which the appeal is based. Per- sons with disabilities needing assistance to participate in any of the proceedings should contact the City Clerk's Of- fice 4B hours in advance of the meeting at (407) 905-3105 Beth Eikenberry, City Clerk OLS129249 1217/06