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Home My WebLink AboutItem III (E) Approval and Acceptance re: Subdivision Plans for Plantation Grove PUD (Single Family Pizzuti) - Extension of Deadline for Dedication of Rights-of-Way for Maguire and Moore Roads AGENDA 10-19-93 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item III E OCOee S.SWI I VAIN LtIcuiclrl Q� I '`j .'i° CITY OF OCOEERUSIONERS TYJOHNSON a. 150 N.LAKESHORE DRIVE PAUL W.FOSTER v OCOEE,FLORIDA 34761 VERN COMBS (407)656-2322 SAM WOODSON lE'P Of GN>, CITY MANAGER ELLIS SHAPIRO MEMORANDUM DATE: October 14, 1993 TO: The Honorable Mayor and Board of City Commissioners FROM: Montye E. Beamer, Director 'l')'") Administrative Services SUBJECT: PRELIMINARY SUBDIVISION PLANS FOR PLANTATION GROVE PUD (SINGLE FAMILY-PIZZUTI) EXTENSION OF DEADLINE FOR DEDICATION OF RIGHTS-OF-WAY FOR MAGUIRE AND MOORE ROAD At the August 3, 1993 Commission meeting an extension until September 30, 1993, was approved for delivery to the City of a title opinion for the dedication of Rights-of-Way for Maguire and Moore Roads and for the payment of the real property taxes required for acceptance of the Warranty Deed by the City. As stated in the attached memo from Assistant City Attorney Steven Zelkowitz, the proof of payment of the taxes and the updated title opinion are forthcoming. It is the recommendation of both Staff and the City Attorney's office that an additional extension be granted retroactively and until December 31, 1993 in order to maintain the approval of the Development Plan and Preliminary Subdivision Plan. This will allow the necessary time for the sale of the single family property to Cross Creek Development Company (Pizzuti) to be completed. ACTION REQUESTED The Mayor and Board of City Commissioners approve retroactively the extension for delivery of a title opinion for the dedication of Maguire and Moore Roads and for the payment of the real property taxes required for the acceptance of the Warranty Deed from September 30, 1993 to December 31, 1993. MEB/jbw Attachment 60/146.4 10/13/93 17:30 V407 648 1743 FOLEY & L4RDNER Q002/u03 FOLEY & LARDN ER III NORTH ORANGE AVENUE, SUITE 1800 ORLANDO. FLORIDA 32901 TELEPHONE (4071 423-7656 FACSIMILE (4071 648-1743 TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN TALLAHASSEE. FLORIDA WASHINGTON, O.C. WEST PALM BEACH. FLORIDA ORLANDO. FL, 32802-2193 ANNAPOLIS. MARYLAND CHICAGO, ILLINOIS • MEMORANDUM TO: Ms. Montye Beamer, Director of Administrative Services FROM: Steven W. Zelkowitz, Esq., Assistant City AttorneyG, li TE: October 13, 1993 RE: Maguire Road Corporation/Right-of-Way Dedication for Maguire and Moore Roads On May 18, 1993, the City Commission approved the Development Plan and Preliminary Subdivision Plan for Plantation Grove Parcels B, C, D, Cr, and I conditioned, among other things, upon the receipt of the Warranty Deeds, Partial Release of Mortgage, and related title opinion for the dedication of the right-of-ways for Maguire and Moore Roads within sixty (60) days of such approval. As of the date hereof, we have received executed originals of the Warranty Deed and Partial Release of Mortgage. We have been informed by Scott D. Clark, counsel to Maguire Road Corporation, that 1992 real property taxes are delinquent and that the prorated 1993 real property taxes attributable to the right-of-way dedications have not been escrowed with the county tax collector as required by Section 197.295, Florida Statutes. In this regard, as the City of Ocoee is prohibited by this statute from accepting title to property until all delinquent taxes are paid and the prorated amount for taxes for the current year is escrowed with the county tax collector, I have stated to Mr. Clark on several occasions, both verbally and in writing, that the City could not accept the Warranty Deed and the conditions of approval noted above had not been met by the'deadline imposed by the City Commission. On behalf of his client, Mr. Clark is currently p o =-uing to process payment of the delinquent taxes and prorated taxes for the current year as well as providing the updated title opinion. As we had timely received the Warranty Deed and Partial Release of Mortgage the City Commission extended the deadline for receipt of the proof of payment of taxes and the 10/13/93 17:31 '8`407 648 1743 FOLEY & LARDiNER a003/003 updated title opinion until September 30, 1993. Mr. Clark has recently informed this office that the proof of payment of such taxes and the updated title opinion will shortly be forthcoming. Therefore, we recommend that the City Commission retroactively extend the previously imposed deadline until December 31, 1993 in order to avoid cancellation of the approval of the Development Plan and Preliminary Subdivision Plan. If you have any questions or comments regarding this matter, please do not hesitate to call. cc: Paul E. Rosenthal, Esq., City Attorney • -2- 10/13/93 17:30 $407 648 1743 FOLEY & LARDNER Oil? 1)11 t FOLEY & LARDNER III NORTH GRANGE AVENUE, SUITE 1500 ORLANDO, FLORIDA 32801 TELEPHONE 14071 423-7656 FACSIMILE (4071 64B-1743 MAILING ADDRESS. MILWAUKEE, WISCONSIN TAMPA, FLORIDA MADISON. WISCONSIN JACKSONVILLE, PLG FLORIDAPOST OFFICE BOX 2193 WASHINGTON, O.0 TALLAHASSEE. IDA ORLANDO. FL• 32502-2193 ANNAPOLIS MARYLAND WEST PALM BEACH, FLORIDA CHICAGO. ILLINOIS MEMORANDUM t3' TO: Ms. Montye Beamer, Director of Administrative Services FROM: Steven W. Zelkowitz, Esq., Assistant City Attorney‘-,t . DATE: October 13, 1993 li RE: Maguire Road Corporation/Right-of-Way Dedication for Maguire and Moore Roads On May 18, the CityCommission approved the Development Plan and 1993, Preliminary Subdivision Plan for Plantation Grove Parcels B, C, D, G, and I conditioned, among other things, upon the receipt of the Warranty Deeds, Partial Release of Mortgage, and gelated title opinion for the dedication of thefor Maguire Moore uoads within siety (60) days of such approval. As of the date hereof, we have received originals of the Warranty Deed and Partial Release of Mortgage. We have been informed by Scott D. Clark, counsel to Maguire Road Corporation, that 1992 real property taxes are delinquent and that the prorated 1993 real property taxes attributable to the right-of-way dedications have not been escrowed with the county tax collector as required by Section 197.295, Florida Statutes. In this regard, as the City of Ocoee is prohibited by this statute from accepting title to property until all delinquent taxes are paid and the prorated amount for taxes for the current year is escrowed with the county tax collector, I have stated to Mr. Clark on several occasions, both verbally and in writing, that the City could not accept the Warranty Deed and the conditions of approval noted above had not been met by the deadline imposed by the City Commission. On delinquent taxeshand prorated client,half of his Mr. forClark the current year proceeding to process payment of the q as'well as providing the updated title opinion. As we had timely received the Warranty Deed and Partial Release of Mortgage of theproof of payment of taxes and the the City Commission extended the deadline for receipt 10%13'93 17: 31 $407 648 1743 FOLEY & LARDNER 12003'`003 updated title opinion until September 30, 1993. Mr. Clark has recently informed this office that the proof of payment of such taxes and the updated title opinion will shortly be forthcoming. Therefore, we recommend that the City Commission retroactively extend the previously imposed deadline until December 31, 1993 in order to avoid cancellation of the approval of the Development Plan and Preliminary Subdivision Plan. If you have any questions or comments regarding this matter, please do not hesitate to call. cc: Paul P. Rosenthal, Esq., City Attorney -2- . ,;