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HomeMy WebLinkAboutItem V (A) Final Settlement of Annexation and Rezoning Litigation with Orange County AGENDA 7-19-94 Item V A 1 FOLEY & LARDNER III NORTH ORANGE AVENUE. SUITE 1800 ORLANDO, FLORIDA 32801 TELEPHONE 14071 423-7656 FACSIMILE 14071 648-1743 TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN TALLAHASSEE, FLORIDA WASHINGTON. D.C. WEST PALM BEACH, FLORIDA ORLANDO. FL. 32802-2193 ANNAPOLIS. MARYLAND CHICAGO, ILLINOIS MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq. , City Attorneys DATE: June 28, 1994 RE: Final Settlement of Annexation and Rezoning Litigation with Orange County As I have previously advised you in my memorandum of May 4, 1994, Mr. and Mrs. Hess have agreed to accept the offer of Orange County to allow development of their property in unincorporated Orange County with two dwelling units per acre. Mr. and Mrs. Hess are the current owners of the remaining three parcels involved in the lawsuit brought by Orange County. In order to finally settle the lawsuit it is necessary to hold an advertised public hearing to consider the proposed settlement. This advertised hearing has been placed on the July 19, 1994 City Commission agenda. Please find enclosed a proposed Second Settlement Agreement between Orange County and the City of Ocoee which include a proposed Stipulated Final Judgment. Highlights of the settlement documentation are as follows: (1) Upon entry of the Stipulated Final Judgment, the annexation and zoning ordinances with respect to the three parcels in the "Gotha" area will be null and void and of no further force and effect. From a practical standpoint, this action will have the effect of "de- annexing" these parcels. (2) Mr. and Mrs. Hess will be able to develop their property in unincorporated Orange County with two dwelling units per acre. In the event the County does not amend its Comprehensive Plan in order to allow such development, then Mr. and Mrs. Hess may annex into Ocoee at a later date. 0/L 63 The Honorable Mayor and City Commissioners of the City of Ocoee June 28, 1994 Page 2 (3) The proposed settlement will result in a final dismissal of the lawsuit and settle all remaining issues raised by Orange County. The Second Settlement Agreement has previously been approved by Orange County. The settlement documentation has been prepared as a joint effort between the City Attorney and the County Attorney. It is my recommendation that the City Commission approve the Second Settlement Agreement. RECOMMENDATION: It respectfully is recommended: (i) that the City Commission approve the Second Settlement Agreement between Orange County and the City in final settlement of litigation brought by Orange County in Case No. CI 93-245 and authorize execution thereof by the Mayor and City Clerk, and (ii) that the City Attorney be directed to file such motions as may be required in order to have the Court approve the Stipulated Final Judgment attached as Exhibit "B" to the Second Settlement Agreement. PER:dh Enclosure C:\WP51\DOCS\OCOE\MEMOSWERDDH06.283 1 628/94 1 DEBBIEH I PER:dh SECOND SETTLEMENT AGREEMENT THIS SECOND SETTLEMENT AGREEMENT (this "Agreement") is made and entered into this day of , 1994, by and between Orange County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County") and - -- --she City of Ocoee, a municipal corporation existing_ under _the - laws of the State of Florida (hereinafter referred to as the "City") . RECITALS WHEREAS, there is an action pending in the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, styled Orange County, Plaintiff, vs. City of Ocoee, Defendant, being Case Number CI 93-245 ("the Lawsuit") under which Orange 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 City and County have previously entered into that certain Settlement Agreement dated February 11, 1994, which settled a portion of the lawsuit ("the First Settlement Agreement") ; and WHEREAS, pursuant to the First Settlement Agreement, a Stipulated Partial Final Judgment was entered on March 11, 1994; and WHEREAS, pursuant to the First Settlement Agreement, the City and County have previously entered into that certain Joint Planning Area Agreement dated February 11, 1994 (hereinafter referred to as the "Joint Planning Area Agreement") ; and WHEREAS, the City and County now wish to settle the remaining portion of the Lawsuit in connection with City of Ocoee Ordinance Nos . 92-72, 92-73, 92-74, 92-75, 92-76, and 92-77 (hereinafter referred to as the "Disputed Annexation and Zoning Ordinances) . NOW, THEREFORE, in consideration of the foregoing recitals and other good and value consideration, receipt of which is hereby acknowledged, the City and County hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2 . County staff shall recommend the addition of a policy to the Orange County Comprehensive Policy Plan permitting two (2) dwelling units per acre on the property which is the subject of the City of Ocoee Ordinance Nos . 92-72, 92-73, 92-74, 92-75, 92-76, and 92-77, as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter the "Property") . The Board of County Commissioners shall consider each recommendation pursuant to applicable law. 3 . In the event that the amendment to the County Comprehensive Policy Plan set forth in the preceding subparagraph is not adopted within eighteen (18) months of the -2- effective date of this Agreement, the County and City will amend the Joint Planing Area Agreement to include the Property within the Joint Planning Area and allow for densities on the Property of up to but not exceeding two (2) dwelling units per acre and that in such event the County will not object to the annexation of the Property into the corporate limits of the City of Ocoee and the zoning -of=-- the Property so long as such - annexation and zoning are consistent with the terms of the Joint Planning Area Agreement, as amended. 4 . The City hereby agrees to the entry of a final judgment in the lawsuit which would declare City of Ocoee Ordinance Nos . 92-72, 92-73, 92-74, 92-75, 92-76 and 92-77 to be null and void and of no further force and effect as of the date of the entry of such final judgment. 5. City and County hereby approve the Joint Motion, including the proposed Stipulated Final Judgment, attached hereto as Exhibit "B" and by this reference made a part hereof and authorize and direct their respective legal counsel to file said Joint Motion in connection with the Lawsuit. 6 . The City and the County agree that, as of the date of the entry of the Stipulated Final Judgment attached hereto, that: (a) the Property will be considered to be part of the Gotha Rural Settlement for the purposes of the Joint Planning Area Agreement, (b) the provisions of Section 5 of the Joint Planning Area Agreement will be applicable to the Property, and -3- (c) the Property will be outside of both the corporate limits of the City and the Joint Planning Area. The County and the City each agree to make such amendments to their respective comprehensive plans as may be necessary in order to conform such comprehensive plans to the provisions of this Agreement. 7. All statements or other communications so made during -settlement negotiations- and meetings between County and City culminating in this Agreement shall be privileged and considered part of settlement negotiations and shall be inadmissible for any purpose in the Lawsuit. 8. The execution of this Agreement and the entry of the Stipulated Final Judgment shall not be deemed to constitute a waiver of City' s or County' s rights to enforce any and all of the provisions of the Joint Planning Area Agreement in accordance with the terms and conditions thereof. 9 . This Agreement and the terms of the settlement have been approved by the City Commission of the City at an advertised public hearing as required by and in accordance with the provisions of Section 164 . 106(1) , Florida Statutes . 10 . This Agreement and the terms of this settlement have been approved by the Board of County Commissioners of the County in accordance with all applicable provisions of Florida law. 11. The date of last execution by a party hereto shall be the date of this Agreement and such date shall be inserted on the first page hereof . -4- 12. The Property shall be included in the transition zones provided for in Section 9 .D. (4) of the Joint Planning Area Agreement, notwithstanding that the Lawsuit was not settled within ninety (90) days of the Effective Date of the February 11, 1994 First Settlement Agreement with respect to the other annexation and rezoning ordinances previously challenged by the County in Case No. CI93-245 and with respect to which the — Lawsuit has previously been dismissed. 13 . This Agreement is intended to fully settle all outstanding issues in the Lawsuit which were not previously settled by the First Settlement Agreement. IN WITNESS WHEREOF, the County and City have executed this Second Settlement Agreement on behalf of the County and City, respectively, and have set their seals hereto as of the date set forth above. ORANGE COUNTY, FLORIDA BY: County Chairman DATE: ATTEST: Martha O. Haynie, County Comptroller As Clerk of the Board of County Commissioners BY: Deputy Clerk -5- CITY OF OCOEE, FLORIDA BY: S. Scott Vandergrift, Mayor ATTEST: Jean Grafton, City Clerk FOR THE USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 1994 . FOLEY & LARDNER BY: City Attorney AMY711 06/21/94 -6- • EXHIBIT "A" THE''PROPERTY (Page 1 of 3) BAKER LEGAL DESCRIPTION Begin at the Southwest corner of Lot 27, Block "E", replat of part of blocks O-P-T-U and Y and all of Block X, Map of Gotha. As recorded intylat Book "R" ,. page 55, Public Records of Orange County, Florida, thence N. 00'30'54" E, a- distance of-204 .00 feet to the Northwest -- corner of Lot 25, thence N 89'27 ' 06" E, 1905. 00 feet along the North line of said Lot 25, thence S 00'30 ' 54" E, 62.80 feet along the Westerly right-of-way of Atlantic Coast Line Railroad, continue along the right-of-way of Atlantic Coast Line Railroad on a curve having a Radius of 1638.85 feet, a central angle of 4'56 '34" , and a length of 141.98 feet to the Southeast corner of said lot 27, thence S 89'27'06" W, a distance of 1898.91 feet to the point of beginning. • Containing 8.91 acres more or less. 2-03AR-92: BAKER p • EXHIBIT "A" THE PROPERTY (Page 2 of 3) BLAYER LEGAL DESCRIPTION The South 71.20 feet of Lot 19 and all of Lots 20, 21, 22 , 23 and 24, Block "E" Town of Gotha Replat in part "According to the Plat thereof as recorded in Plat Book "R", at page 55 of the Public Records of Orange County, Florida, being more particularly described as follows: begin at the S.W. corner of said Lot 24; thence run N. 0'20 '09" W. , along the West line of said lots 24 thru 19, for 446.57 feet to a point 71.20 feet North of the S.W. corner of said Lot 19; thence run N. 89'44 ' 57" E. , parallel with the South line of said Lot 19 for 1907.22 feetto the East line of said Lot 19; thence run S. 0'25 ' 17" E. , along the east line of said Lots 19 thru 24 , for 446.59 feet to the S.E. corner of said Lot 24 ; thence run S. 89'44 '59" W. , for 1907. 88 feet to the Point of Beginning, containing 19:556 acres more or less. NOTES: (1) Bearings: assumed N. 0'20 '09" on the West line of S.E. 1/4, Section 32-22-28. (2) Set iron rod and 1993 cap at all boundary corners. 2-24AR-92 : BLAYER EXHIBIT " A " THE PROPERTY (Page 3 of 3) LEGAL DESCRIPTION (AS PROVIDED BY CLIENT) O.R. 3061/799 THE SOUTH 69.3 FEET OF LOT 16, ALL OF LOT 17 AND 18 AND THE NORTH 3.8 FEET OF LOT 19. ALL BONG IN BLOCK E. MAP OF GO INA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK R. PAGE _ _ 55, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. LYING AND BONG IN SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST. LEGAL DESCRIPTION (AS WRITTEN BY SURVEYOR) THAT PART OF LOTS 16 THRU 19, INCLUSIVE BLOCK E. MAP OF GO THA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN Fur BOOK R. PAGE 55 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 16 FOR A POINT OF REFERENCE; THENCE RUN NOO 08'32-E ALONG THE WEST LINE OF SAID LOT 16 A DISTANCE OF 69.3 FEET Tv THE NORTH LINE OF THE SOUTH 69.3 FEET OF SAID LOT 16 FOR A POINT OF BEGINNING; THENCE RUN S89'41'45"E ALONG SAID NORTH LINE A DISTANCE OF 1918.42 FEET TO THE EASTERLY LINES OF SAID LOTS 16 THRU 19; THENCE RUN S0013'50'W ALONG SAID EASTERLY LINE A DISTANCE OF 223.51 FEET TO THE SOUTH LINE OF THE NORTH 3.8 FEET OF SAID LOT 19; THENCE RUN N89 41'16'W ALONG SAID SOUTH LINE A DISTANCE OF 1918.08 FEET TO THE WESTERLY LINES OF SAID LOTS 16 THRU 19; THENCE RUN NOO'08'32"E ALONG SAID WESTERLY LINES A DISTANCE OF 223.24 FEET TO THE POINT OF BEGINNING CONTAINING 9.837 ACRES. MORE OR LESS. 2-15AR-92: GUESS EXHIBIT"B" IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CASE NO. CI93-245 ORANGE COUNTY, FLORIDA, a political subdivision of the State of Florida, Plaintiff, vs. CITY OF OCOEE, a municipal corporation, Defendant. STIPULATED FINAL JUDGMENT This matter comes before the Court on the parties ' Joint Motion, and the Court, being advised that parties have previously stipulated herein to the entry of a Stipulated Partial Final Judgment, dated March 11, 1994, which finally disposed of a portion of this case, and being further advised that the parties have now agreed by way of a second settlement agreement, attached hereto as Exhibit "1" and by this reference made a part hereof ("the Second Settlement Agreement") , to finally dispose of all remaining issues in this case, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED: 1. All claims concerning the following challenged ordinances of the City of Ocoee are hereby dismissed with prejudice and Judgment of Dismissal is hereby entered thereon: City of Ocoee Ordinance Nos. 92-72, 92-73, 92-74, 92-75, 92-76 and 92-77. 2 . As of the date of entry of this Stipulated Final Judgment, City of Ocoee Ordinance Nos. 92-72, 92-73 , 92-74, 92-75, 92-76 and 92-77 are hereby declared to be null and void and of no further force and effect_ and the real property which is the subject of said ordinances shall no longer be within the corporate boundaries of the City of Ocoee, said property being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof. 3 . Nothing in this Stipulated Final Judgment shall preclude either party from enforcing the terms of the Second Settlement Agreement, and the Joint Planning Area Agreement attached as a portion of Exhibit "1" to the Stipulated Partial Final Judgment entered herein on March 11, 1994, as it may from time to time be amended ("The Joint Planning Area Agreement") . 4 . Breach of the Second Settlement Agreement and/or the Joint Planning Area Agreement, and any subsequent action to enforce said agreements, shall not vacate or affect the finality of this Stipulated Final Judgment. 5. Each party shall bear its own attorney' s fees and costs . 6. The parties may, from time to time, amend the Joint Planning Area Agreement without any further action by this Court. -2- DONE AND ORDERED this day of , 1994, in Orlando, Orange County, Florida. Circuit Court Judge CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U. S. Mail this day of , 1994 to JOHN HORAN, ESQ. , Foley & Lardner, 111 N. Orange Avenue, Suite 1800, Orlando, Florida 32801; and A. BRYANT APPLEGATE, Assistant County Attorney, Orange County Attorney's Office, P.O. Box 1393, Orlando, Florida 32802-1393 . Judicial Assistant AMY712 06/21/94 -3-