HomeMy WebLinkAboutItem III (G) - Approval and Authorization to Execute Developer's Agreement with Patrick P Christiansen, Trustee for Westridge PUD AGENDA 5-07-91
Item III G
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FOLEY & LARDNER
I I I NORTH ORANGE AVENUE, SUITE 1800
ORLANDO, FLORIDA 32801-2386
TELEPHONE (407) 423-7656
FACSIMILE (407) 648-1743
TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN
JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN
TALLAHASSEE, FLORIDA ORLANDO, FL 32802-2193 WASHINGTON, D.C.
WEST PALM BEACH, FLORIDA ALEXANDRIA, VIRGINIA
ANNAPOLIS, MARYLAND
MEMORANDUM May 1, 1991 CHICAGO, ILLINOIS
TO The Honorable Mayor and City Commission of the
City of Ocoee
FROM Paul E. Rosenthal , Esq. , City Attorney
RE Developer Agreement with Patrick T. Christiansen,
as Trustee/Westridge PUD
On November 20, 1990 , the City Commission annexed cer-
tain lands owned by Patrick T. Christiansen, as Trustee.
Following the annexation, the City Commission approved
Ordinance No. 90-45 rezoning the subject property from
A-1 to PUD-Residential subject to the Petitioner exe-
cuting a Developer ' s Agreement addressing the right-of-
way dedications and the Conditions of Approval shown
on the Land Use Plan with the revisions to the Land Use
data indicating a minimum lot size of 80 ' x 115 ' . The
execution of Ordinance No . 90-45 has been held in
abeyance pending finalization of the Developer Agree-
ment.
Subsequent to the City Commission approval of Ordinance
No. 90-45, it was determined that additional right-of-
way was required for Moore Road. The City has concluded
its discussions with the Developer who has agreed to con-
vey to the City that portion of Moore Road owned by the
Developer and required by the City in connection with
the overall plans for the transportation network in the
area surrounding the Westridge PUD.
Attached hereto is a proposed Developer Agreement, dated
as of November 20, 1990 , between Patrick T. Christiansen,
Individually and as Trustee, and the City of Ocoee ("the
Developer Agreement") . The Conditions of Approval and
the Moore Road Right-of-Way, set forth as EXHIBITS "B"
and "C" , respectively, to the Developer Agreement have
been approved by the Planning Department. The Developer
Agreement has also been approved by the City Attorney.
For your information, the northern 5 acres of the West-
ridge PUD is currently the subject of a lawsuit brought
by Maguire Road Corporation against Patrick T. Christiansen,
The Honorable Mayor and City
Commission of the City of Ocoee
Developer Agreement with
Patrick T. Christiansen, as
Trustee/Westridge PUD
Page Two May 1 , 1991
Trustee. The litigation relates to efforts by Maguire
Road Corporation to require that Patrick T. Christiansen,
as Trustee, convey the northern 5 acres of the Westridge
PUD as set forth in an alleged Purchase Contract.
Maguire Road Corporation has asserted that due to their
alleged equitable interest in the northern 5 acres that
the City Commission should not be entitled to approve
the Developer ' s Agreement in the absence of a Joinder
and Consent by Maguire Road Corporation. While such a
Joinder and Consent would be desirable, I have reviewed
this matter and, in my opinion, the City Commission ap-
proval of the Developer Agreement should not be delayed
for an approval by Maguire Road Corporation. The only
potential risk being taken by the City is that Maguire
Road Corporation could have the Developer Agreement
set aside as to the northern 5 acre parcel . In the event
Maguire Road Corporation took such an action, then the
City Commission would require that Maguire Road Corpora-
tion agree to similar terms and conditions in connection
with any proposed rezoning of the northern 5 acre parcel
upon their acquisition thereof. While it strikes me as
illogical that Maguire Road Corporation would seek to
have the Developer Agreement set aside, I would not at-
tempt to predict their actions in this matter. In any
event, it is my recommendation that the City Commission
proceed and it is my opinion that there is no legal im-
pediment to doing so.
RECOMMENDATION:
It respectfully is recommended that the City Commission
approve the Developer Agreement, dated as of November 20 ,
1990, between Patrick T. Christiansen, Individually and
as Trustee, and the City of Ocoee authorizing execution
thereof by the Mayor and City Clerk and further find
that all conditions precedent to the execution of Or-
dinance No. 90-45 (Case No. 1-37AR-90 : Chrstiansen)
have been satisfied.
Elakj
per/etb Paul E. Rosenthal
enc .
Carbon copy with enclosures to:
Mr. Bruce Behrens, Planning Director
PatrickChristiansen, Esq.
Scott Wilt, Esq.
PTC-2
4-30-91
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT (the "Agreement") is made and
entered into as of the 20th day of November, 1990, by and between
PATRICK T. CHRISTIANSEN, individually and as Trustee (hereinafter
referred to as the "Developer") and the CITY OF OCOEE, a Florida
municipal corporation (hereinafter referred to as the "City") .
WITNESSET H:
WHEREAS, the Developer owns fee simple title to certain
lands located in Orange County, Florida, said lands being more
particularly described in Exhibit "A" attached hereto and by this
reference made a part hereof (hereinafter referred to as the
"Land") ; and
WHEREAS, the Land is currently located in unincorporated
Orange County and is zoned A-1 but lies within the Orange County
Urban Service Boundary Area; and
WHEREAS, subject to the terms and conditions hereinafter
set forth, the Developer is desirous of voluntarily annexing the
Land into the corporate limits of the City of Ocoee pursuant to
the provisions of Section 171.044, Florida Statutes; and
WHEREAS, subject to the terms and conditions hereinafter
set forth, the City is desirous of annexing the Land into the
corporate limits of the City of Ocoee pursuant to the provisions
of Section 171.044, Florida Statutes; and
WHEREAS, the City has determined that annexation of the
Land into the City will be of substantial economic benefit to the
City and its citizens; and
WHEREAS, the City has determined that it is feasible to
extend to the Land municipal services such as police protection,
fire protection, sewer and water service, trash and garbage
removal, and street and storm drainage maintenance, such services
to be extended on the same terms and conditions afforded to all
property owners within the City.
NOW, THEREFORE, in consideration of the premises and
other good and valuable considerations exchanged between the
parties hereto, the receipt and sufficiency which is hereby
ackowledged, the parties hereto agree as follows:
Section 1. Recitals. The above recitals are true
and correct and are incorporated herein by reference.
Section 2. Annexation and Rezoning. The Developer
has submitted to the City an application for voluntary annexation
of the Land into the corporate limits of the City of Ocoee
pursuant to and in accordance with the provisions of Section
171.044, Florida Statutes and such other conditions set forth in
the City's annexation application form. The Developer has also
submitted to the City an application for initial zoning of the
Land to PUD Planned Unit Development District zoning
classification. The City hereby acknowledges that the Planning
Director of the City has made a determination and finding that
the zoning of the Land requested by the Developer is consistent
with the Local Comprehensive Plan of the City.
In the event the Land is annexed into the City, the City
agrees to provide municipal services to the Land, including but
not limited to, sewer and water service subject to the same
terms, conditions and limitations applicable to other property
owners within the City, subject to approval of Orange County.
The Developer acknowledges that in order to obtain sewer and
water capacity and connect to the City sewer and water system
that it will be necessary to enter into separate Developer
Agreements with the City with respect thereto. The Developer
further acknowledges that the City has made no warranty or
representation regarding the availability of sewer and water
capacity or the sewer and water impact and connection fees which
may be imposed by the City in connection with the providing of
sewer and water service to the Land. The City agrees that the
Developer shall be entitled to apply for and reserve sewer and
water capacity, subject to the availability thereof, on the same
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terms and conditions applicable to other property owners within
the City, subject to the approval of Orange County. The
Developer acknowledges the Land is within the service area of
Orange County for water and sewer service. The City shall use
its best efforts to amend the water and sewer territorial
agreements between the City and Orange County.
Section 3. Development of the Land.
(a) Pursuant to the provisions of Chapter 13 of
Appendix "A" of the Ocoee City Code, the City hereby approves
that certain Land Use Plan, dated September 30, 1990, as revised
November 12, 1990 and November 20, 1990, and as prepared by Mr.
Gifford Anglim (Environmental Planning & Design) , said Land Use
Plan being incorporated herein by reference and made a part
hereof ("the Land Use Plan") , subject to those certain Conditions
of Approval, adopted by the Ocoee City Commission on November 20,
1990, a true copy of said Conditions of Approval being attached
hereto as "Exhibit "B" and by this reference made a part hereof
(the "Conditions of Approval") .
(b) The Developer hereby agrees that the Land shall be
developed in accordance with and is made subject to the Land Use
Plan and Conditions of Approval.
(c) Except as otherwise expressly set forth in this
Agreement, the Developer shall comply with the subdivision
regulations of the City of Ocoee as they may from time to time be
amended. In the event of any conflict between the subdivision
regulations and this Agreement, it is agreed that the provisions
of this Agreement shall control.
(d) Notwithstanding any provision contained herein to
the contrary, the Developer shall pay to the City all applicable
impact fees, including but not limited to, road, police, fire,
park and recreation, sewer and water impact fees, at such time
and in such manner as may be required in accordance with
applicable ordinances of the City.
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Section 4. Conveyance to the City.
(a) At the request of the City, but no later than
August 1, 1991, the Developer shall convey to the City
marketable, fee simple title to those lands described in Exhibit
"C" attached hereto and by this reference made a part hereof
(hereinafter referred to as "Moore Road right-of-Way") . The
conveyance of the Moore Road Right-of-Way shall be by special
warranty deed, free and clear of all liens and encumbrances,
except for easements of record, if any. The Developer shall pay
any recording fees and documentary stamp taxes relating to or
resulting from the transfer of title to the City of the Moore
Road Right-of-Way. Real property taxes in connection with the
conveyance shall be prorated as of the day before the acceptance
of the conveyance by the City and the prorated amount shall be
paid by the Developer and shall be escrowed in accordance with
the provision of Section 196.295, Florida Statutes.
(b) The Developer also agrees to dedicate right-of-way
for Maguire Road as required by the City which will result in a
fifty (50) foot wide right-of-way from the planned center line of
Maguire Road (hereinafter referred to as "Maguire Road Right-of-
Way") . This dedication shall occur within forty-five (45) days
from the date of notice from the City to the Developer of
determination of the center line of Maguire Road. The conveyance
of the Maguire Road Right-of-Way shall be by the same terms as
described above for the Moore Road Right-of-Way.
(c) It is expressly agreed between the parties that
Moore Road Right-of-Way and Maguire Road Right-of-Way are being
donated to the and that neither the Developer nor any person or
entity shall be entitled to any road impact fee credits or
compensation with respect to the conveyance of Moore Road Right-
of-Way or Maguire Road Right-of-Way.
Section 5. Additional Documentation. In connection
with the conveyance of the Moore Road Right-of-Way and the
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Maguire Road Right-of-Way, the Developer shall execute such other
documents as may be reasonably required by the City,including but
not limited to, a no-lien affidavit.
Section 6. Paving of Moore Road Right-of-Way. It is
specifically agreed between the parties hereto that no
certificate of occupancy will be issued with respect to any
portion of the Land until such time as the Moore Road Right-of-
Way has been paved in accordance with applicable City standards
so as to provide access to the Land from Moore Road as a paved
and dedicated public roadway; provided, however, that nothing
contained herein shall be construed to obligated either the City
or the Developer to pave and improve the Moore Road Right-of-Way.
Section 7. Conditions to Effectiveness of Agreement.
(a) All obligations, rights and duties of the Developer
and the City under this Agreement are conditioned upon the
occurrence of the following events:
(1) Annexation of the Land by the City of Ocoee; and
(2) Zoning of the Land to PUD, Planned Unit Development
District zoning classification.
Section 8. Notice. Any notice delivered with
respect to this Agreement shall be in writing and be deemed to be
delivered (whether or not actually received) when (A) hand
delivered to the person hereinafter designated, or (B) upon
receipt of such notice when deposited in the United States Mail,
postage prepaid, certified mail, return receipt requested,
addressed to the person at the address set forth opposite the
party's name below, or such other address or to such other person
as the party shall have specified by written notice to the other
party delivered in accordance herewith:
Developer: Patrick T. Christiansen, Trustee
Post Office Box 231
Orlando, Florida 32802-0231
with a copy to: Gifford Anglim
Post Office Box 23
Winter Park, Florida 32790
City: City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
Attention: City Manager
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Section 9. Covenant Running With the Land. This
Agreement shall be binding, and, shall inure to the benefit of the
heirs, legal representatives, successors and assigns of the
parties, and shall run with the Land and be binding upon the
heirs, legal representatives, successors and assigns of the
Developer and upon any person, firm, corporation, or entity who
may become the successor in interest to the Land.
Section 10. Recordation of Agreement. The parties
hereto agree that an executed original of this Agreement shall be
recorded, at the City's expense, in the Public Records of Orange
County, Florida. The City will, from time to time upon request
of the Developer, execute and deliver letters affirming the
status of this Agreement.
Section 11. 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 12. Time of the Essence. Time is hereby
declared of the essence to the lawful performance of the duties
and obligations contained in this agreement.
Section 13. Agreement; Amendment. This Agreement
constitutes the entire agreement between the parties, and
supersedes all previous discussions, understandings and
agreements, with respect to the subject matter hereof.
Amendments to and waivers of the provisions of this Agreement
shall be made by the parties only in writing by formal amendment.
Section 14. Severability. If any sentence, phrase,
paragraph, provision or portion of this Agreement 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 hereof.
Section 15. Further Documentation. The parties agree
that at any time following a request therefor by the other party,
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each shall execute and deliver to the other party such further
documents and instruments, in form and substance reasonably
necessary to confirm and/or effectuate the obligations of either
party hereunder and the consummation of the transactions
contemplated hereby.
Section 16. Specific Performance. Both the City and
the Developer shall have the right to enforce the terms and
conditions of this Agreement by an action for specific
performance.
Section 17. Attorneys' Fees. In the event that
either party finds it necessary to commence an action against the
other party to enforce any provision of this Agreement or because
of a breach by the other party of any terms hereof, the
prevailing party shall be entitled to recover from the other
party its reasonable attorneys' fees, legal assistants fees and
costs incurred in connection therewith, at both trial and
appellate levels, including bankruptcy proceedings, without
regard to whether any legal proceedings are commenced or whether
or not such action is prosecuted to judgment.
Section 18. Counterparts. This Agreement may be
executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall
constitute one and the same instrument.
Section 19. Construction Agreement. Caption of the
Sections and Subsections of this Agreement are for convenience
and reference only, and the words contained therein shall in no
way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this
Agreement.
Section 20. No Personal Liability of Developer. •
Patrick T. Christiansen holds title to the Land in his capacity
as trustee. Notwithstanding the fact that Patrick T.
Christiansen has executed this Agreement both individually and as
trustee, Patrick T. Christiansen in his individual capacity shall
have no liability whatsoever under or by virtue of this Agreement
or executing any documents referenced herein.
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IN WITNESS WHEREOF, the Developer and the City have
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caused this instrument to be executed as of the day and year •
above written.
Signed, sealed and delivered DEVELOPER:
in the presence of:
1 7-7r/ 44" & _
Patrick T. Christiansen,
!�. • individually and as trustee
a ti 'Mak°
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CITY:
CITY OF OCOEE, a
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Florida municipal corporation
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By:
Lester Dabbs, Jr. , Mayor •
Attest:
Jean Grafton, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY
BY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD
Approved as to form and ON , 1991
legality this day of UNDER AGENDA ITEM NO. '
, 1991.
FOLEY & LARDNER •
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
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I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgements, personally appeared PATRICK T. CHRISTIANSEN,
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Individually and as Trustee, .to me known to be the person
described in and who executed the foregoing instrument and he
acknowledged before that he executed the same.
WITNESS my hand and official seal in the County and •
State last aforesaid this 1st day of May, 1991.
n M�comm Ew na.i.1992 Q/)�f
Notary Public
(NOTARIAL SEAL) 8 My Commission expires:
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STATE OF FLORIDA
COUNTY OF ORANGE
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I HEREBY CERTIFY that on this day, before me, an officer •
duly authorized in the State and County aforesaid to take
acknowledgements, personally appeared LESTER DABBS, JR. and JEAN
GRAFTON, well 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 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 , 1991.
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Notary Public •
(NOTARIAL SEAL) My Commission expires:
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PTC S NAGUIRE.Ma
THE NORTH I/c OF T;•L .: A 11.1 OI' SE.,TION 32, 1OWNSi-IIP
22 SOUTH , FAH .i'_ ?R FAi:T, ORAII-3F COUNTY , FLORIDA,
LESS THE WES1 40.01: FEET 1'OR ROAD; AND THE SOUTH
• 5 ACP..E.. OF THE S.W. I/4 OF THE N W. 1/4 OF SAID SECTION
32, LESS TI-E WEST 4C.,.C' FiiF FOR ROAD.
SUBJECT r0 A HTILITY EASEMENT DESCRIBED AS FOLLOWS;
A 30.00 foot and 60.00 foot Easement described as: EXHIBIT A
That part of the N 1/2 of the SN 1/4 and SW five acres of the
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SW 1/4 of the NN 1/4, less road rights-of-way, lying and being
in Section 32, Township 22 South, Range 28 East, described as
follows:
From the Nest 1/4 corner of Section 32 , Townshlb 22 South,
• Range 28 East, Orange County, Florida;. run thence N 00 Deg. 20'
48" W along the West line of the Northwest 1/4 of said Section
32 a distance of 167 .60 feet to the beginning of a 30.00 foot
right-of-way and to the North line of the South five acres of
the Southwest 1/4 of the Northwest 1/4 of said Section '32 and
for a Point of Beginning; �•
g g; thence along said North line it 89 -'t
Deg . 55 ' 22" E a distance of 1142 .97 feet to a point of
termination of the 30.00 foot right-of-way and beginning of the
60.00 foot right-of-way; thence S 55 Deg. 36' 38" E a distance
of 217 .03 feet to the East line of the Southwest 1/4 of the
Northwest 1/4 of said Section 32; thence S 00 Deg. 20' 49" E a
distance of 44.55 feet to the Northeast corner of the Northwest
1/4 of the Southwest 1/4 of said Section 32 and to a point of
termination of the 60.00 foot right-of-way and beginning of the
30.00 foot right-of-way; thence 11 89 Deg. 55' 03" E a distance c-
of 1321.25 feet to the Northeast corner of the Southwest 1/4 of rn
said Section 32; thence S 00 Deg. 20' 49" E along the East line
of said Southwest 1/4 a distance of 30 .00 feet; thence S 09
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Deg. 55' 03" W a distance of 1319 .06 feet • to a point of 0
termination of the 30.00 foot right-of-way and beginning of the
60.00 foot right-of-way; thence N 55 Del;. 34' 38" W a distance ILl
of 295.69 feet to n point of termination of the 60.00 foot
right-of-way and beginning of the 30.00 foot right-of-way; (t3
thence S 89 Deg. 55' 22" W a distance of 1080.54 feet to the
West line of the Northwest l•/4 of said Section 32; thence H 00
Deg. 20' 48" W a distance of 30 .00 feet to the Point of
Beginning. Contains 88,289 square feet or 2.027 acres, more or
less.
S0:
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All those portions of the Nest 45.00 feat of the Northwest
Quarter of the Southweee 0 end of the west 45.00 feet of
the South five acres of the Southwest Quarter of the Northwest
Quarter of Section 32, Township 27. South, Range 20 East, in the
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County of Orange, State of Florida, lying between the South
1 line of the North 30.00 feet of said South five acres of the
Southwest Quarter of the Northwest Quarter, and the South line
of the North 50.00 feet of said Northwest Quarter of the
Southwest Quarter.
Also IJe>r-Qrbux) (Ns:
111E SUgJEGT PROPERTY SE\IJv F• taTI-lE1Z OESC2txbE0 /a5 FoV_pwS:
COl.A1E►-)cE AT 1l-1E wES'C' 1/4. coca rJEr& c SF,-TIO,J 32,Tc"../L)S4-1tp
2/�tJ c r 'L$
Fof2 40.00 FEcT TO THE FLcIIJT OF C���IN►JI►JG+•T{1E1.1� 201- S.O`Ll L'E E.
w1T14 THE WEST LI,J1= OF THE S.VV.id o1= 5.400 SeXT1o0 32 Fora
1330.�d f=cECT TO THE SOVTI-1 L11JC OF THE hJOfrTI4'/2 OF. THC- S.v.1.Ind CG=
S/il0 St=LT1O1J 32)TI-1EIJCE RUN IJ.Sv"a5' 41"E, FOLZ 2c002.1'3 FEET TO THC,
S•E. cOIZ►JE2 oP TIJOIL'TI-4 '/2 CoF THE S,W.'/4. OF S.0,1p SI�TIOIJ 32•
TI4-acE 2U6J t-.0a 20' o7"w, Fol 11;2.4-.51 FEET To Tt-1C W•E.C.o2NC( _ of
THE SEc.T10lJ 321 Tf 1EtJGE 2UI.1 S.6J°m'2'3"W. t=oe.
r521.32 FEET TO THE S.E.COft.IJEIt; OF THE S.W•'/A._ OF THE IJ,W.'/4 ot= grasp
SEc-TtOv--).-Y2_• T11E►JcE 1ZUL N•0° M. Fo;Z ;fid g4.. FEET• THEw>c.E \2V 1.J
V.11'r14 Ti 1E =0x)T1-1 LINE, c THE ,.J 1/4 cDF So 117.)
Src[_TION 32 F.Ot 1281.33 FELT -co T;-1E En ST 2\r�l',T-of-wA`( LuoE 01
MA..CG.01 21E ("LO/i0 j T',-\E,JCC ILOIJ 5,.o`'2.r0' 'L'Z•E. F0( 1y4.84 FEET TO THC
Pot 6..)T ol= OFr11JrJIr-1C=. 64.11 MolLE OCL LESS.
r-i
Exhibit "A"
f )
LAND USE- DATA
\ \` ' IPRtrick T. CLristianNs - Trust..
V P.O. los 2234
\ ,Orlando. Florida 32802-2254
0 (407) 843-7860
\ DSVHLOPER:
Florida Land Company
\ \• 255 South Orange Avenue Suite 1444
.Orlando, Florida 32801
(487) 425-2745
-
\ •
.
�:V5 .00. Box 23 ■ - PPlanning Consultant
v1\ 1 Winter Park. Florida 32790-0023
(407) 89I-8803
lDRVETOR:
\ John 8. Webb 6 Associates. Inc.
3319 Maguire Boulevard
Orlando. Florida 32803
(407) 898-9322
Existing toning: A-1 (Orange County)
Surrounding Zoning, north - POD (Ocoee!
South - A-1 (Orange County)
test - A-i (Orange County)
West - PD (Orange County)
\ Sxisting Vegetation: Frozen Citrus Trees, various v .
and various wetland and transition species
'.......N.. r in the Conservation and Open Space parcels.
CO
\ 100 Tear Flood Plain: No portion of the site is within Tone A on
\1 N the FEMA/FIRM map. The site is entirely
within Tone C.
\ 5
1 Wetlands, Two areas that are within the jurisdiction of the
�_� —/ various permitting agencies have been identified on
the plan. Both areas are identified as Conservation
and/or Open Space on the plan. Development is not
1 I proposed within these areas of the site.
Soils: Basinger - 60% `
Immokalee - 10%
lit
Leon - 10%
it Ona - 5%
Rutledge - 5%
1 Pond - 10%
2 Tres Survey - All tress on-site as defined by the Ocoee Arbor
\ F„ Ordinance are within the Conservation end Open
N Space parcel■ and are not proposed to be removed.
?X Proposed Zoning, POD (Ocoee)
\ W
Z --
UJ
- Proposed Land Dee, Single Family Detached Bosses and Recreation
W Center south of Moore Road and Recreation
Qnorth of Moore Road.
„...N.\ \
Maximum Cross Density, 2 units per acre
t
\� ^ Net Density, 3.28 unite per acre
+ \ \ Total Number of Unit., 170
1 \ Z) Minimum Lot Use, Su • Ila'
Minimum Net Living Floor Ares, 1200 square feet
I
Setbacks, - 20'
Res[ - 15'
' Side - 7.5'
\ Building Height: two stories or 35'
...../)
Parking - 2 spaces per dwelling unit •
CI Minimum Open Space: 29%
/ O
N Project Recreation Area: 1.7 acre Recreation Center with
clubhouse. tennis, pool, and tot lot plus additional recreation
o area as required to meet minimum POD requirement (3%)'. Recreation
O areas to be owned and maintained by Homeowners Association.
i Z� School Age Population: 111 students
�h Phasing, Site development shall be • single phase.
II Projected Traffic Ge ion: 1700 trips
IWater Service: From City of Ocoee with average dally flow of
31.000 GPD. Fire flow to on-site hyd shall be 900 OPN with
II minimum residual preaaure of 20 PSI.
Sewer Disposal: To City of Ocoee with qe daily flow of
///-\ N 48.750 GPO. i
/ Stormwater Management: Om-site system with in wetland
I
Impact Fee Credits, Proposed for exteneion of oversized utilities
to site.
/
i Common Ares Maintenance, By wemeowners Association.
Peripheral Building $etbecksa 25' from project boundaries
��\N.
75' from Kimmins Road line
55' from Moore Road centerline
/ \ 55' from 7th Avenue centerline
. Project shall be subject to execution of • Developer's Agreement
1regarding dedication of additional right-of-way for Maguire Reed •
//' sad Moore Road.
\'li\ \ -.EXHIBIT "s"
:rim
S.
6th•STREET- r
, FI
• i .. ''v. a.
THE SOUTH 40 FEET OF THE S.W. 1/4 OF THE N.W.I/4 I
SEC.32, TWP. 22 S,RGE.28 E.(LESS THE WEST 40
FEET THEREOF FOR RIGHT OF WAY OF MAGUIREROAD.)
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SEC.S.E.COR.32,S.W.22 1/4 2,N8.W.1/4, SEC.S.E.C32OR,22 N.W28.I/4,
\WEST 1/4 COR. L THE NORTH 40 FEET OF THE S.W.I/4,
SEC.32-22.28 SEC. 32, TWP. 22 5.,RGE. 28 E.ILESS THE
• WEST 40 FEET THEREOF FOR RIGHT OF
WAY OF MAGUIRE ROAD.)
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LEGAL DESCRIPTION: y
The' South 40 feet of the Southwest 1/4 of the Northwest 1/4 of
Section 32, Township 22 South, Range 28 East (LESS: The West 40
feet thereof for right of way of Maguire Road).
Together with:
The North 40 feet of the Southwest 1/4 of said Section 32,
Township 22 South, Range 28 East. (LESS: The West 40 feet
• thereof for right of way of Maguire Road).
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Altogether containing 3.55 acres, more or less.
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• REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS
EMBOSSED WITH THE SURVEYOR'S SEAL
SKETCH Or DESCRIPTION ONLY - NOT A SURVEY
I certify that this sketch of Description meets or exceeds
the Minimum Technical Standards set forth by the Florida
Board of Land Surveyors in Ch. 21HH-6 F.A.C. pursuant to
Section 472.027 Fla. Statutes. No corners were set and the SKETCH OF DES CR I P T ION OF
author assumes no responsibility beyond accepted mathemati-
cal closures. All bearings and distances shown are'sub)ect FUTURE RIGHTS OF WAY.
to field verification.
CERTIFIED CORRECT FOR
OAHUNO. •ELTON 4 REED. INC.
_ GANDHI], BELTON & REED. INC.
a professional surveying company
501 E. JACKSON STREET , SUITE 222 , ORLANDO FLORIDA , 32801 TEL.(407)422.5042 •
""" {.--` L .• PREPARED FOR:
W. BRIAN BEL TON
PATRICK T. CHRISTIAN SEN , TRUSTEE
REO.Ili Ne. .".4.L — . SCALE: " : 4 0 0 _ DRAWN: J.33. JO8. N0. 9 1 1 8 2
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TA/17 4/ 30/ S I CHECK : R C d SHEET NO. 1 0 t I
Exhibit "C"
Jciu or.tieroc ieiecopler rucu ; 0— t—yl ; 4;4.1.1,M ; •
4U104400111" 4V/04011444 c
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MIMIC jilllimuithiumit
The undersigned, being the
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g described mortgage documents r and"Mortgage holder of the
following
(the Mort
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1. That certain Mortgage dated December 8, 198e •
from Patrick T. Chriwtiansen
Caretakers, Inc., and recordedaDecembers s, 1 1Mill .
988
Official Records Book 4039, Page 1340, 13, 19e9 it
Orange County, Floridapublic Records of
does here consent to the foregoing
November �, 1990 by $ t Developer Agreement dated
individually and between Patrick T. Christiansen, .City
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�L�,! of Ocoee.
Dated this f=- day of �4 `� •
1991. •
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,A0 -r ► ma
0 o o man'
STATR OF FLORIDA •
COIF OF oRARQ!
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I RIMY CRRTIry that on this day before me, a person
duly authorized to take acknowledgments,
Sabi!#flan, to me known to be'the psrsoqd�scribed in who
reonall appeared Jack
executed the foregoing instrument and he aoknowledgedend
me
that he executed the acme in bst 1 f of said fund.
NMTUSA my hand and off iai coal in toe state and
county last aforesaid this d
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ay of / �..
1991.
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(KOTut=11y s�►x+) o ary •u o
My commission expirest •
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.NYTCNOMIISSiOu.
N EYP� FEPI�Rfl1
BONDED THRU GENERAL INS. UND.
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