HomeMy WebLinkAboutItem V (B) Approval of Settlement Agreement Documents Case No. CI93-245 with Orange County 3. Tri-Party Agreement pertaining to Development Restrictions between Orange County, the City of Ocoee, Battaglia Fruit Co. Inc. and S.C. Battaglia, Trustee AGENDA 2a
Item V B 3
This instrument prepared
by:
(SPACE FOR RECORDING
PURPOSES ONLY)
TRI-PARTY AGREEMENT
PERTAINING TO DEvhLOPMENT RESTRICTION
THIS TRI-PARTY AGREEMENT (hereinafter the "Agreement" ) is
made and entered into as of this -day of eKime;.rif , 1994 ,
among Orange County, Florida, a political subdivision of the
State of Florida, whose mailing address is Z°I41(e.,
/1 II r--�
l"!ache Mi-L- 3 z Erol (hereinafter the "County" ) ; the City of
Ocoee, a Florida municipal corporation, whose mailing address
is 150 N. Lakeshore Drive, Ocoee, Florida, 34761 (hereinafter
the "City" ) ; and Battaglia Fruit Co . , Inc . , also known as
Battaglia Fruit Company, Inc. a Florida corporation, and S.C.
Battaglia, Trustee, whose mailing address is Post Office Box
700398 , Winter Garden, Florida 34777-0398 (hereinafter
"Battaglia" ) .
RECITALS:
WHEREAS, there is an action pending in the Circuit Court of
the Ninth Judicial Circuit in and for Orange County, Florida,
ap LJ
_eceiv; \�7 '/3. t
SETTLEMENT DOCUMENT -
NOT TO BE USED IN LITIGATION
CASE NO. CI93-245
PER AGREEMENT BY THE PARTIES
l
styled Orange County, Florida, Plaintiff vs . City of Ocoee,
Defendant, being case number CI93-245 (the "Lawsuit") under
which the County is seeking review by certiorari of certain
ordinances enacted by the City of Ocoee which annex certain
property into the City and rezone said property; and
WHEREAS, the lawsuit challenges the validity of City of
Ocoee Ordinance Nos . 92-60 and 92-61, adopted by the Ocoee City
Commission on December 15, 1992 ("the Battaglia Ordinances") ,
which ordinances relate to the annexation and zoning,
respectively, of that certain real property located in Orange
County, Florida, as described in Exhibit "A" attached hereto
and by this reference made a part hereof (the "Battaglia
Property" ) ; and
WHEREAS, Battaglia owns fee simple title to the Battaglia
Property; and
WHEREAS, in an effort to partially settle the Lawsuit, City
and County have entered into, on even date herewith, a certain
Settlement Agreement and certain Joint Planning Area Agreement;
and
WHEREAS, said Settlement Agreement and Joint Planning Area
Agreement will result in the dismissal with prejudice of the
lawsuit as to the Battaglia Ordinances and the Battaglia
Property; and
WHEREAS, the execution of this Agreement is a condition and
requirement of said Settlement Agreement and Joint Planning
Area Agreement; and
-2-
WHEREAS, in furtherance of settlement between the City and
County with respect to the Battaglia Ordinances, Battaglia has
agreed to voluntarily impose certain development restrictions
upon the Battaglia Property.
NOW THEREFORE, in consideration of the covenants made by
each party to the other and in the mutual advantages to be
realized by the parties hereto and of other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the City, County and Battaglia hereby covenant
and agree as follows :
1. The above Recitals are true and correct and are
incorporated herein by reference.
2 . Battaglia hereby voluntarily imposes on the Battaglia
Property the following development restrictions : (a) that
certain 25 foot landscape buffer located at the eastern
boundary of the Battaglia Property north of Clarcona-Ocoee Road
as more particularly described and set forth on that certain
site plan attached hereto as Exhibit "B" and incorporated
herein by reference, and (b) that certain 10 to 25 foot
retention buffer located on the western boundary of the
Battaglia Property north of Clarcona-Ocoee Road, as narratively
described and set forth on said Exhibit "B" .
3 . This Agreement shall be binding, and shall inure to
the benefit of the heirs, beneficiaries, legal representatives,
successors and assigns of the parties , and shall run with the
-3-
,
Battaglia Property and be binding upon the heirs,
beneficiaries, legal representatives, successors and assigns of
Battaglia and upon any person, firm, corporation, or entity who
may become the successor in interest to the Battaglia Property
or any portion thereof .
4 . The parties hereto agree that an executed original of
this Agreement shall be recorded in the Public Records of
Orange County, Florida. The City and County will, from time to
time upon request of Battaglia, execute and deliver letters
affirming the status of this Agreement .
5 . This Agreement and the provisions contained herein
shall be construed, controlled, and interpreted according to
the laws of the State of Florida .
6 . Amendments to and waivers of the provisions of this
Agreement shall be made by the parties hereto only in writing
by formal amendment .
7. This Agreement is supplemental to any and all
agreements which may now or hereafter be entered into between
the City and Battaglia. Nothing contained herein shall be
construed as a waiver from the requirements of the Ocoee Land
Development Code as it may from time to time be amended.
8 . Subject to any preexisting indemnification agreements,
each party shall bear its own attorneys fees and costs .
-4-
IN WITNESS WHEREOF, the County, City, and Battaglia have
executed this Agreement, and the City and County have set their
seals hereto as of the date set forth above.
ORANGE COUNTY, FLORIDA
By:
LINDA CHAPIN
COUNTY CHAIRMAN
ATTEST: Martha 0. Haynie, County Comptroller
As Clerk of the Board of County Commissioners
BY:
Deputy Clerk
Print Name:
FOR THE USE AND RELIANCE
OF ORANGE COUNTY ONLY.
APPROVED AS TO FORM
19
Alison M. Yurko
Assistant County Attorney
-5-
STATE OF FLORIDA
COUNTY OF ORANGE
SWORN to and subscribed freely and voluntarily for the
purposes therein expressed before me by LINDA CHAPIN, County
Chairman of the Board of County Commissioners, known to me to
be the person described in and who executed the foregoing,
this day of , 1994 .
WITNESS my hand and official seal in the County and State
last aforesaid this day of , 1994 .
Notary Public
Print Name:
My Commission Expires :
CITY OF OCOEE
WITNESSED: A Florida municipal corporation
By:
Print Name: S. Scott Vandergrift,
Mayor
Print Name: Attest :
Jean Grafton,
City Clerk
(SEAL)
FOR THE USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
, 1994
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FOLEY & LARDNER APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
BY: ON , 1994 , UNDER AGENDA
City Attorney ITEM NO.
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an offzrc,r
duly authorized in the State and County aforesaid to tak
acknowledgments , personally appeared S . SCOTT VANDERGRIFT and
JEAN GRAFTON, persoanlly 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 , 1994 .
Signature of Notary
Name of Notary (type, printed or
stamped)
Commission Number ( if not
legible on seal) :
My Commission Expires ( if not
legible on seal) :
-7-
i
BATTAGLIA FRUIT CO. , INC. , a
Florida corporation
rou,),4
By:
Name: R. C`. ./7n
4rrg6.e.r4
Title: ("RGSI'DeAv7-
(Corporate Seal)
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me
this 26thday of Jan. 199 4 by S . C. Battaglia of BATTAGLIA
FRUIT CO. , INC. , a Florida corporation, on behalf of the
corporation. He/she is personally known to me
WITNESS my hand and official seal in the County and State
last aforesaid this 26th day of Januar , 1994 .
Agliff.or,e-e. , *:4 -7-7.1 .-.--
`ota y Public
Print Name: Marion F . Akers
My Commission Expires :
OFFICIAL
IONON F AKERTARY SSEAL
MAR
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO.CC207131
MY COMMISSION EXP.JULY 15,1996
-8-
S.C. B TAG Truste
By:
(j D�
Name: S . C. Battaglia
Title: Trustee
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me
this 26th day of Jar_. , 1994 by S . C. Battaglia of S.C.
BATTAGLIA, Trustee. He/she is personally known to me or--tea
-produccd n3 idcntification:
WITNESS my hand and official seal in the County and State
last aforesaid this 26th day of January . , 1994 .
otar ' • .lic
Print Name: Marion F. Akers
My Commission Expires :
Signed, sealed and delivered
in the presence o f : OFFICIALION F NOTARY SEAL
MARAKERS
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO.CC207131
MY COMMISSION EXP.JULY 15,1996
AMY:sac5807 01/24/94
-9-
EXHIBIT "A"
BATTAGLIA - EAST
LEGAL DESCRIPTION
That part of Sections 33 and 34 , T21S , R28E, Orange Country,
Florida, described as follows :
From the South 1/4 corner of said Section 34 , run N 89 '56 ' 52" W
720 . 00 feet along the South line of said Section to the Point of
Beginning; thence continue N 89 ' 56 ' 52" W 1932 . 32 feet along said
South line to the South corner common to Sections 33 and 34 ; thence
run N 89 '58 ' 05" W 662 . 23 feet; thence run N 00' 05 ' 46" E 245 . 18
feet; thence run N 69 '33 ' 26" E 1018 . 92 feet along the South line of
Clarcona-Ocoee Road, said line being 30 feet South of the
centerline of the paved road; thence run 188 . 53 feet to the right
along the arc of a curve having a radius of 570. 00 feet and a
. central angle of 18 '57 ' 04" ; thence run N 88 '30 ' 30" E 1455 .63 feet;
thence run South 676 .78 feet along the West line of the East 720 . 00
feet of the Southwest 1/4 of said Section 34 to the Point of •
Beginning. Containing 33 . 8778 acres more or less.
AND
That part of Southwest 1/4 of Section 34 , T21S, R28E, Orange
County, Florida, described as follows :
From the Southeast corner of said Southwest 1/4 of Section 34, run
North 756. 21 feet long the East line of said Southwest 1/4 to the
Point of Beginning; thence run S 88 ' 30 ' 30" W 1689 . 59 feet along the
centerline of the paved road; thence run N 00' 10 ' 24" E 831. 81 feet;
thence run S 84' 01 ' 51" E 825 .99 feet along the Southerly line of
the A.C. L. Railroad Right-of-Way as reestablished from A.C.L.
Right-of-Way map V. 12 FLA/51 thence continue along the Right-of-Way
on a curve to the left having a radius of 1457 . 42 feet, a central
angle of 35' 16 ' 40" , and an arc length of 897 . 35 feet; thence run
South 880 . 58 feet along the East line of the Southwest 1/4 of
Section 34 to the Point of Beginning. Containing 29 .7036 acres
more or less.
AND
That part of Sections 33 and 34 , T21S , R28E, Orange County,
Florida, described as follows:
From the South corner common to said Sections 33 and 34 , run N
00 ' 02 ' 27" E 556. 42 feet along the line common to said sections to
the Point of Beginning; thence run S 69 ' 33 ' 26" W 706 . 60 feet along
the North line of Clarcona-Ocoee Road; thence run N 00 '05 ' 46" E
1087 . 80 feet along the West Line of the East 1/2 of the Southeast
1/4 of the Southeast 1/4 of said Section 33 , thence run N 89 ' 33 ' 42"
W 295. 30 feet along the North line of the Southeast 1/4 of the
Southeast 1/4 of said Section 33 ; thence run Northeasterly 298 . 98
feet along the arc of the South Right-of-Way line of the A.C.L.
Railroad (as reestablished from A.C. L. Right-of-Way map V. 12 FLA/5)
along a curve concave to the South having a radius of 1241. 78 feet,
a central angle of 13 '47 ' 41" , and a chord of 298 . 25 feet that bears
N 70' 44 ' 18" E; thence run N 77 ' 38 ' 09" E 356 . 80 feet; thence run
329 . 36 feet to the right along a curve having a radius of 1878 . 29
feet and a central angle of 10 ' 02 ' 49" ; thence run N 00 '02 ' 27" E
6 . 50 feet; thence continue Easterly 273 . 17 feet along the arc of a
curve having the same center point as the last mentioned curve and
a radius of 1884 . 79 feet and a centras angle of 08 ' 18 ' 41" ; thence
run S 83 ' 59 ' 51" E 451 . 01 feet; thence run S 84 ' 01 ' 51
E 244 . 42 feet; thence leaving the Railroad Right-of-Way run S
00 ' 10 ' 24" W 831 . 81 feet; thence run S 88 ' 30 ' 30" W 487 . 84 feet along
the North line of Clarcona-Ocoee Road, said line being 30 feet
North of the centerline of the paved road; thence run 208 . 38 feet
to the left along the arc of a curve having a radius of 630. 00 feet
and a central angle of 18 '57 ' 04" ; thence run S 69' 33 ' 26" W 289 . 84
feet to the Point of Beginning, containing 37 . 9560 acres more or
less.
AND
Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 and all
that part of the Northwest 1/4 of the Northwest 1/4 of the
Northeast 1/4 lying West of the Railway, all in Section 3 , Township
22 South, Range 28 East. The above described property lies in
Orange County, Florida, more particularly described as:
Beginning at the Northeast corner of the Northwest 1/4 of said
Section 3 , run S 89'45 ' 13" E, 198 . 77 feet along the North line of
said Section 3 to an intersection with the Westerly Right-of-Way
line of the Seaboard Coastline Railroad being a 60 . 00 foot Right-
of-Way; Thence run Southwesterly 238 . 63 feet along said Westerly
Right-of-Way line and the arc of a curve concave Southeasterly,
having a radius of 3661. 57 , a delta of 03 '44 ' 03" and a chord
bearing of S 08 ' 21 ' 31" W; thence runs S 06 ' 29 ' 30" W, 432 . 77 feet .
along said Westerly Right-of-Way line to the South line of the
Northwest 1/4 of the Northwest 1/4 , of the Northeast 1/4 of said
Section 3 ; thence run N 89 '45 ' 45" W, 114 . 20 feet along said South
line to the Southeast corner of the Northeast 1/4 of the Northeast
1/4 of the Northwest 1/4 of said Section Three; thence run N
89 ' 56 ' 48" W, 663 .77 feet along the South line of said Northeast 1/4
of the Northeast 1/4 tc the Southwest corner of said Northeast 1/4
of the Northeast 1/4 thence run N 00 ' 01 ' 33" W, 665 . 81 feet along
the West line of said Northeast 1/4 of the Northeast 1/4 to the
North line of said Section Three ; thence run S 90' 00 ' 00" E, 663 . 11
feet along said North line to the Point of Beginning. Containing
12 . 5 acres more or less .
• 2-162AR-92 : BATTAGLIA EAST
Page 2 of 2
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EXHIBIT B = � °