HomeMy WebLinkAboutItem III (G) Approval of Extension of Time for Preliminary Subdivision Plans for Plantation Grove PUD (Single Family - Pizzuti) AGENDA 8-3-93
Item III G
FOLEY & LARDNER
III NORTH ORANGE AVENUE, SUITE 1800
ORLANDO. FLORIDA 32501
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CHICAGO. ILLINOIS
MEMORT I1M
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Paul E. Rosenthal, Esq., City Attorney
DATE: July 29, 1993
RE: Preliminary Subdivision Plans for Plantation Grove PUD (Single Family-
Pizzuti)/Extension of Deadline for Dedication of Rights-of-Way for Maguire
and Moore Roads
In connection with the Plantation Grove PUD, at the City Commission meeting
of May 18, 1993, the City Commission approved the Preliminary Subdivision Plans for
Plantation Grove PUD (Single Family-Pizzuti)conditioned upon,among other things, the receipt
of the Warranty Deed, Partial Release of Mortgage, and related title opinion for the dedication
of Maguire and Moore Roads as required by Condition of Approval No. 20 of the Revised Land
Use Plan within sixty (60) days. In this regard, Maguire Road Corporation, the owner of the
property, has provided executed originals of the Warranty Deed and Partial Release of Mortgage
prior to the expiration of such sixty (60) day period. However, the City has not received the
updated title opinion. In order to "accept" conveyance of the rights-of-way it is necessary for
the City to receive the title opinion and for Maguire Road Corporation to pay the past due 1992
real property taxes and to escrow the 1993 real property taxes as they related to the rights-of-
way. The escrow of taxes is required by Section 197.295, Florida Statutes,
Maguire Road Corporation is in the process of obtaining the required tax information.
However, their is a possibility that back taxes and required escrow may not be paid until a
closing. In order to avoid the cancellation of the approved Preliminary Subdivision Plans it is
necessary to extend the date for the conveyance of the Moore and Maguire Road rights-of-way.
Failure to grant the extension could jeopardize the sale of the single family residential property.
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07/30/93 09:25 $407 648 1743 FOLEY & LARDNER 01002-002
Based on the above circumstances, the documents delivered to the City and the
cooperation of both Maguire Road Corporation and Pizzuti, I recommend that the compliance
date for conveyance of the rights-of-way be extended. This will allow the approved Preliminary
Subdivision Plans to remain in effect. The City Manager and Planning Director both concur in
this recommendation.
RECOl4IV TDATTON:
It respectfully is recommended that the Honorable Mayor and City Commissioners extend
until September 30, 1993, the deadline for delivery to the City of a title opinion for the
dedication of Maguire and Moore Roads and for the payment of the real property taxes required
for acceptance of the Warranty Deed by the City.
cc: Mr. Ellis Shapiro
Mr. Bruce Behrens
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