VII (B) Resolution No. 99-19, relating to Maguire Road Condemnation Agenda 11-16-99
Item VII B
FOLEY & LARDNER
ATTORNEYS AT LAW
CHICAGO POST OFFICE BOX 2 193 SACRAMENTO
DENVER ORLANDO, FLORIDA 32802-2 193 SAN DIEGO
JACKSONVILLE I I I NORTH ORANGE AVENUE, SUITE 1800 SAN FRANCISCO
LOS ANGELES ORLANDO, FLORIDA 32801-2386 TALLAHASSEE
MADISON TELEPHONE: (407)423-7656 TAMPA
MILWAUKEE FACSIMILE: (407)648-1743 WASHINGTON, D.C.
ORLANDO WEST PALM BEACH
WRITER'S DIRECT LINE
EMAIL ADDRESS (407)423-7656 CLIENT/MATTER NUMBER
mdoty@foleylaw.com 020377-0517
MEMORANDUM
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Mary A. Doty, Esq., Assistant City AttorneitirD
THROUGH: Paul E. Rosenthal, Esq., City Attorney
DATE: November 12, 1999
RE: Maguire Road Widening Project: Resolution No. 99-19
Based on the final project design prepared by PEC, the chart below sets forth
the properties which need to be acquired by the City in fee simple in order to complete the
project (exclusive of Heller Bros. Groves with respect to which a Purchase Agreement will be
presented to the City Commission at the first meeting in December). Also excluded is 2,974
square feet of right-of-way needed from Christos Anthony, whose ±11 acre property is
located at the northwest corner of Maguire Road and the Turnpike. The City also needs a
slope easement, a drainage easement, and a temporary construction easement from Mr.
Anthony. We believe we are very close to having a negotiated purchase from Mr. Anthony
which will be brought before you for approval at a later date. This chart does not include any
temporary construction, drainage, slope, or utility easements needed for the project. These
interests are still being negotiated and acquisition of these interests is not critical to letting a
construction contract on the project after the first of the year. If we are unable to successfully
negotiate the acquisition of these easement interests we will bring a second resolution which
includes these interests to the Commission for approval.
The appraisal firm of Pinel & Carpenter has appraised the fee simple properties
and those appraised values are set forth below. The appraisals are available in the City
Clerk's office for your review. Parcels 101, 103, and 104, which are all properties controlled
by Gordon Nutt, are needed for road right-of-way. Parcels 105 and 106 are needed for the
location of retention ponds.
Olt
ESTABLISHED 1 8 4 2
A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN,FRANKFURT,LONDON,SINGAPORE,STOCKHOLM AND STUTTGART
FOLEY & LARDNER
The Honorable Mayor and City Commissioners
of the City of Ocoee
November 12, 1999
Page 2
Parcel No. Legal Interest Owner Appraised Value
Parcel 101 Fee Glenmuir Properties, Ltd. $ 6,210.00'
Parcel 103 Fee Devworth Development Co. Inc. $ 1,050.002
Parcel 104 Fee Glenmuir Properties, Ltd. $ 28,820.003
Parcel 105 Fee Orange County Cruisers, Incorporated $190,000.004
Parcel 106 Fee Colony Plaza Development Inc. $765,000.00
We have contacted each of these property owners and made offers based on the
appraised value, subject to approval by the City Commission. Copies of the offer letters are
attached for your review. To date we have not been able to obtain purchase agreements nor
have we received any counteroffers from the property owners. It is still possible to negotiate a
voluntary sale/acquisition of the remainder of the above properties based on the values
indicated. However, in the event a voluntary sale cannot be negotiated, it will then be
necessary to acquire the interests by filing a condemnation action.
Attached is proposed Resolution No. 99-19 which authorizes the filing of a
condemnation action. The adoption of this Resolution and the filing of the condemnation action
are necessary in order to avoid any delay in the schedule prepared by City Staff. It is our
intention to immediately file the condemnation action and to proceed to acquire the interests by
a "quick-take" proceeding. A quick take proceeding allows the City to acquire title to the
needed properties by demonstrating to the Court's satisfaction a public need and necessity for
the property and the deposit of the City's good faith estimate of value in the Court Registry.
This evidence is presented at an Order of Taking hearing, generally held 60-90 days after the
This appraised value does not include the value of fencing located within the taking. Mr. Nutt has indicated
that he would prefer that the City pay him for the value of the removed fence rather than have the City relocate
the fence to the new property line. Consequently, there will be a minimal upward adjustment in these appraised
values prior to the filing of a suit. This value also includes a corner clip which Mr. Nutt donated. This will
necessitate a minimal downward adjustment.
2 This value does not include the value allocated for fencing and will be adjusted upward minimally.
3 This value also includes payment for a corner clip which Mr. Nutt donated. This appraised value will be
adjusted slightly downward.
4 The survey conducted in preparation for the filing of a condemnation suit indicates that there is a 1 to 2 foot
building encroachment on this property. The encroachment itself will not affect the City's ability to use the
property for a retention pond but may result in a downward reduction in the appraised value of the property prior
to the filing of suit.
006.160083.1
FOLEY & LARDNER
The Honorable Mayor and City Commissioners
of the City of Ocoee
November 12, 1999
Page 3
condemnation suit is filed. Once the City deposits its good faith estimate of value, title to the
property transfers to the City. The property owner, however, is entitled to a jury trial on the
ultimate valuation of the property at some time in the future. This procedure allows public
bodies to obtain title quickly so that public projects are not delayed but imposes the risk on the
public body of what the ultimate valuation of the acquired property is determined to be.
RECOMMENDATION:
It respectfully is recommended that the Mayor and City Commissioners:
1. Approve Resolution No. 99-19 authorizing execution thereof by the
Mayor and City Clerk and further authorize all necessary actions in
order to proceed to acquire the properties by quick-take proceeding.
cc: Ellis Shapiro, City Manager
James W. Shira, P.E., City Engineer
006.160083.1
RESOLUTION NO. 99-19
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
RELATING TO THE ACQUISITION BY EMINENT
DOMAIN OF PROPERTY, INCLUDING BUT NOT
LIMITED TO FEE TITLE LOCATED GENERALLY
ALONG MAGUIRE ROAD; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to serve the traffic and
drainage needs for the future development of the City of Ocoee; and
WHEREAS, the City Commission of the City of Ocoee has the authority to adopt this
Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166,
Florida Statutes; and
WHEREAS, the City Commission of the City of Ocoee finds a public need and
necessity exists to acquire, by eminent domain, various interests in the lands described in
Exhibit "A" attached hereto and incorporated herein by reference; and
WHEREAS, the City Commission of the City of Ocoee finds a public need and
necessity exists to acquire the lands and other interests described in Exhibit "A" hereto for
public street/road and drainage purposes, said street/road and drainage purposes including, but
not being limited to, the acquisition or right-of-way for the purpose of performing upon said
right-of-way such activities as may be reasonably necessary in connection with the design,
engineering, construction, and development of the Maguire Road Widening Project ("the
Project"); and
WHEREAS, the City Commission of the City of Ocoee fords that the acquisition of the
said lands are necessary for public safety and stormwater management, and that the acquisition
of the said lands therein otherwise to be in the public interests of the municipality and the
people thereof; and
006.160072
WHEREAS, the interests to be acquired, fee simple title, is more particularly
described in Exhibit "A" hereto; and
WHEREAS, the City Commission of Ocoee has caused the property described in
Exhibit "A" hereto to be surveyed and has located its line or area of construction and intends
in good faith to construct the Project on or over the described property in accordance with
Section 73.021(6), Florida Statutes (1999); and
WHEREAS, the City Commission of the City of Ocoee finds it its necessary for public
street/road purposes and stormwater management that the City acquire a fee simple interest in
the property identified and described in the attached Exhibit "A," said acquisition being for
street/road and drainage purposes; and
WHEREAS, all conditions precedent to the exercise of the power of eminent domain
have been satisfied by the City of Ocoee; and
WHEREAS, if any section, subsection, sentence, clause, phrase or portion of this
Resolution is for any reason held invalid or unconstitutional by a 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 hereto; and
WHEREAS, this Resolution shall become effective immediately upon passage and
adoption.
THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. That the acquisition, by eminent domain, of the interests indicated in the
following parcels for the purposes set forth above has been found to be, and is found and
006.160072 2
determined to be, necessary, in the best of the public, and for a public use and purpose, the
legal descriptions of said parcels being more particularly described in Exhibit "A" attached
hereto and by this reference made a part hereof:
PARCEL NO. 101
OWNER: Glenmuir Properties, Ltd.
INTEREST: Fee Simple
PARCEL No. 103
OWNER: Devworth Development Co., Inc.
INTEREST: Fee Simple
PARCEL NO. 104
OWNER: Glenmuir Properties, Ltd.
INTEREST: Fee Simple
PARCEL NO. 105
OWNER: Orange County Cruisers, Incorporated
INTEREST: Fee Simple
PARCEL NO. 106
OWNER: Colony Plaza Development, Inc.
INTEREST: Fee Simple
Section 2. That the appropriate officers, employees and attorneys of the City of
Ocoee are authorized to proceed forthwith to institute such necessary and proper actions and
proceedings and to comply with all legal requirements as may be necessary or proper for the
acquisition by eminent domain of the fee simple absolute title in the property described in
attached Exhibit "A," the specific interest to be acquired therein being further set forth above
and in the attached Exhibit "A."
Section 3. That if any section, subsection, sentence, clause, phrase or portion of
this Resolution is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, such portion and such holding shall not affect the validity of the remaining portion
hereto.
006.160072
•
Section 4. That this Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of 1999.
ADOPTED:
ATTEST: CITY OF OCOEE, FLORIDA
By: By:
Name: Jean Grafton Name: S. Scott Vandergrift
Title: Clerk Title: Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
THIS DAY OF 1999.
FOLEY & LARDNER APPROVAL BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
By: ON , 1999 UNDER
Name: Paul E. Rosenthal AGENDA ITEM NO.
Title: City Attorney
006.160072 4
EXHIBIT A
PARCEL NO. 101
OWNER: Glenmuir Properties, Ltd.
INTEREST: Fee Simple
PARCEL 101
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN 14E SOUTHWEST QUARTER OF SECTION 32. TOWNSHIP 22 SOUTH.
RANGE 28 EAST BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF MAGUIRE
ROAD (C.R. #439) WITH THE SOUTH RIGHT-OF-WAY UNE OF MOORE ROAD FOR A
POINT OF REFERENCE; THENCE RUN NORTH 89'47'34" EAST, ALONG SAID
SOUTH RIGHT-OF-WAY LINE, 10.00 FEET; THENCE RUN SOUTH 00'29'40' EAST.
PARALLEL WITH AND 10.00 FEET EAST OF SAID EAST RIGHT-OF-WAY LINE OF
MAGUIRE ROAD, 35.23 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
SOUTH 00'29'40' EAST, PARALLEL WITH AND 10.00 FEET EAST OF SAID EAST
RIGHT-OF-WAY LINE, 539.63 FEET TO A POINT ON THE SOUTHERLY LINE OF THE
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5582. PAGE 3075. PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA, SAID POINT LYING ON A NON-TANGENT
CURVE CONCAVE NORTHERLY; THENCE RUN EASTERLY, ALONG SAID SOUTH LINE
OF SAID LANDS, AND ALCNG SAID CURVE HAVING A RADIUS LENGTH OF 575.00
FEET, A CENTRAL ANGLE OF 00'59'49", AN ARC LENGTH OF 10.00 FEET, A
CHORD LENGTH OF 10.00 FEET AND A CHORD BEARING OF NORTH 88'00'21
EAST; THENCE RUN NORTH 00'29'40" WEST. PARALLEL WITH AND 20.00 FEET
EAST OF SAID EAST RIGHT-OF-WAY LINE. 539.37 FEET; THENCE RUN SOUTH
89'30'20" WEST, 10.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CF LAND LIES IN THE CITY OF OCOEE, ORANGE COUNTY,
FLORIDA AND CONTAINS 5.395 SCUARE FEET, MORE OR LESS.
Page 1 of 5
PARCEL NO. 103
OWNER: Devworth Development Co., Inc.
INTEREST: Fee Simple
PARCEL 103
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 32. TOWNSHIP 22
SOUTH, RANGE 25 EAST BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY
UNE OF MAGUIRE ROAD (C.R. #439) WITH THE SOUTH
RIGHT-OF-WAY LINE OF MOORE ROAD FOR A POINT OF REFERENCE:
THENCE RUN SOUTH 00'29'40" EAST, ALONG SAID EAST
RIGHT-OF-WAY LINE OF MAGUIRE ROAD, 575.00 FEET TO A POINT
ON THE NORTHERLY LINE OF THE LANDS DESCRIBED IN OFFICIAL
RECORDS 800K 5582. PAGE 3080, SAID POINT LYING ON A
NON-TANGENT CURVE CONCAVE NORTHERLY; THENCE RUN
EASTERLY ALONG SAID CURVE, HAVING A RADIUS LENGTH OF
575.00 FEET. A CENTRAL ANGLE OF 00'59'47". AN ARC
LENGTH OF 10.00 FEET. A CHORD LENGTH OF 10.00 FEET AND A
CHORD BEARING OF NORTH 89'00'09" EAST TO THE POINT OF
BEGINNING; THENCE CONTINUE EASTERLY ALONG SAID CURVE.
HAVING A RADIUS LENGTH OF 575.00 FEET, A CENTRAL ANGLE OF
00'59'49', AN ARC LENGTH OF 10.00 FEET, A CHORD LENGTH
OF 10.00 FEET AND A CHORD BEARING OF NORTH 88'00'21"
EAST; THENCE RUN SOUTH 0029'40" EAST, PARALLEL WITH
AND 20.00 FEET EAST OF SAID EAST RIGHT-OF-WAY LINE, 716.26
FEET TO THE SOUTH LINE OF THE NORTH HALF OF SAID
SOUTHWEST QUARTER OF SECTION .32 AND THE SOUTH LINE OF
SAID LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5582. PAGE
3080; THENCE RUN SOUTH 89'39'54" WEST, ALONG SAID
SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER
OF SECTION 32 AND SAID SOUTH LINE OF THE LANDS DESCRIBED
IN OFFICIAL RECORDS BOOK 5582. PAGE 3080, A DISTANCE OF
10.00 FEET; THENCE RUN NORTH 0079'40" WEST, PARALLEL
WITH AND 10.00 FEET EAST OF SAID EAST RIGHT-OF-WAY UNE,
715.97 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND LIES IN THE CITY OF OCOEE. ORANGE COUNTY,
FLORIDA AND CONTAINS 7161 SQUARE FEET, MORE OR LESS.
OTHER INTERESTS: Gordon S. Nutt, as Trustee: Mortgage
Page 2 of 5
PARCEL NO. 104
OWNER: Glenmuir Properties, Ltd.
INTEREST: Fee Simple
PARCEL 104
LEGAL DESCRIPTION:
A PARCEL OF LAND L`'NG ;N THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP
22 SOUTH, RANGE 28 EAST. BEING DESCRIBED AS FOLLOWS:
COMMENCE AT -E INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE
OF ROBERSON ROAD WITH THE WEST RIGHT-OF-WAY LINE OF MAGUIRE
ROAD (C.R. #439) FOR THE POINT OF BEGINNING; THENCE RUN SOUTH
0029'40" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE OF MAGUIRE
ROAD, 40.00 FEET; THENCE RUN NORTH 45'30'36" WEST. 28.28 FEET
TO A POINT BEING 20.00 FEET SOUTH OF, AS MEASURED
PERPENDICULAR TO, THE AFORESAID SOUTH RIGHT-OF-WAY LINE OF
ROBERSON ROAD; THENCE RUN SOUTH 89'28'25" WEST, PARALLEL
WITH SAID SOUTH RIGHT-OF-WAY LINE, 381.65 FEET; THENCE RUN
NORTH 00'31'35" WEST, 20.00 FEET TO SAID SOUTH RIGHT-OF-WAY
LINE; THENCE RUN NORTH 89'28'25" EAST, ALONG SAID SOUTH
RIGHT-OF-WAY LINE, 401.66 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND LIES IN ORANGE COUNTY, FLORIDA AND
CONTAINS 8234 SQUARE FEET, MORE OR LESS.
Page 3 of 5
PARCEL NO. 105
OWNER: Orange County Cruisers, Incorporated
INTEREST: Fee Simple
PARCEL 105
THE EAST 350 FEET OF THE FOLLOWING DESCRIBED PARCEL:
NORTH ONE-QUARTER (N 1/4) OF SOUTHEAST QUARTER (SE 1/4) OF NORTHEAST
QUARTER (NE 1/4) OF SEC170W 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST,- LESS THE
NORTH 1676 FEET THEREOF AND LESS THE EAST 40 FEET THEREOF FOR ROAD
RIGHT-OF-WA Y AND LESS PIE SOUTH 115 FEET OF PIE WEST 150 FEET OF THE EAST
190 FEET THEREOF.
OTHER INTERESTS: Robert L. & Patricia L. Johnson: Option to Repurchase
Page 4 of 5
PARCEL NO. 106
OWNER: Colony Plaza Development, Inc.
INTEREST: Fee Simple
PARCEL 106
Legal Description:
North 309.81 feet of SE 'A of NE 1/4 of Section 30, Township 22 South, Range 28 East
(LESS: the road right-of-way for Maguire Road). Orange County Florida.
Page 5 of 5
FOLEY & LARDNER
ATTORNEYS AT L A W
CHICAGO POST OFFICE BOX 2 193 SACRAMENTO
DENVER ORLANDO. FLORIDA 32802-2193 SAN DIEGO
JACKSONVILLE I 11 NORTH ORANGE AVENUE. SUITE 1800 SAN FRANCISCO
LOS ANGELES ORLANDO. FLORIDA 3280 1-2386 TALLAHASSEE
MADISON TELEPHONE: (407) 423-7656 TAMPA
MILWAUKEE FACSIMILE: (407)648-1743 WASHINGTON. D.C.
ORLANDO WEST PALM BEACH
WRITER'S DIRECT LINE
423-7656
EMAIL ADDRESS CUENT/MATTER NUMBER
mdoty@foleylaw.com 020377/0284
February 9, 1999
VIA HAND DELIVERY AND
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Devworth Development Co., Inc.
7651-B Ashley Park Court
Suite 404
Orlando, FL 32835
Re: City of Ocoee: Maguire Road and Moore Road/
Roberson Road Intersection Improvement Project
Dear Property Owner:
The City has now completed its design of the above referenced project. The
proposed improvements require the acquisition of property within your parcel located east of
Maguire Road and south of Moore Road. As you are aware, your predecessor in title, Patrick
T. Christiansen, entered into a Developer Agreement with the City of Ocoee on November 20,
1990. Section 4(b) of the Developer Agreement provides for conveyance of fee simple title by
you of property described as Maguire Road right-of-way within 45 days of receipt of notice
from the City of the determination of the center line of Maguire Road. A copy of the
Developer Agreement is enclosed for your review. This letter constitutes notice that the center
line of Maguire Road has been determined. The Agreement further states that this property
will be conveyed at no cost to the City. Enclosed is a legal description of the property along
Maguire Road intended to be conveyed under the terms of the Agreement ("Parcel B").
Essentially, Parcel B encompasses a 10' wide strip of property along your entire Maguire
Road frontage.
By this letter, the City of Ocoee is hereby requesting that Parcel B be conveyed
to the City within 45 days of receipt of this letter, all in accordance with the terms of the .
Developer Agreement. The City will prepare the closing documents referenced in the
006.127156.1
ESTABLISHED 1 8 4 2
FOLEY & LARDNER
Devworth Development Co., Inc.
February 9, 1999
Page 2
Developer Agreement and will be contacting you shortly to set a mutually convenient closing
date.
In addition to Parcel B, enclosed is a legal description and sketch of additional
property needed by the City to complete the improvements. Parcel 103 is located within your
property lying east of Maguire Road and is needed for right-of-way. The City has had this
parcel appraised by Pinel & Carpenter who valued it at $1,050.00. The City is prepared to
move forward with acquisition at this purchase price.
This letter sets forth the willingness of the City staff to make a recommendation
to the Ocoee City Commission that Parcel 103 be purchased from you based on the appraised
value as determined by Pinel & Carpenter. Any agreement, however, is subject to the
approval of the Ocoee City Commission and is not binding on the City unless approved by the
Ocoee City Commission.
It would be appreciated if you would give me a call as soon as you have had an
opportunity to review this letter. Our goal is to be able to advise the Ocoee City Commission
at its meeting of February 16, 1999 as to your intention to sell this property to the City. We
are prepared to answer any of your questions and to work with you to meet this schedule.
Very truly yours,
10,,tmaLT1
Mary A. Doty
Assistant City Attorney
City of Ocoee
MAD:dr
Enclosures
cc: Ellis Shapiro, City Manager
James W. Shira, City Engineer
Paul E. Rosenthal, City Attorney
006.127156.1
I POSTAGE •9 `j POSTMARK OR DATE o
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RECEIPT ADDRESS OF DEL'cEE DELIVERY a
SERVICE CERTIFIED FEE-=E-URN RECEIPT (� (0<. 0
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■Complete items 1 and/or 2lbf additional servces following services(for an extra fee): i
•Print your name and address on the reverse of this lam so that we can return this card
to you1. 0 Addressees Address
•Attach this form to the front of the nailpece,or on the beck if space does rot permit. 2. 0 Restricted Delivery
•The Return Receipt wit show to whom the article was deivered and the date delivered. Consult postmaster for fee.
3.Article Addressed to: •- - - , 4a.Article Number
P 964 016 344
Dilworth Development Co. lac.41:“ -, 4.4b.Service Type •
765/4 A jr Pant C.
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5.Received By:(Print Name) 8.Addressee's Address _r
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6.Signature:(Addressee or Agent)
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P 964 016 344
UNE 1• NUMBER
Devworth Development Co., Inc.
7651-6 Ashley Park Court
Suite 404
Orlando, FL 32835
I.
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CERTIFIED
INSERT IN STANDARD#10 WINDOW ENVELOPE. C•ERTIFIED Int E R ry
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FORM♦48157
-ERENCE: —
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v»r}ice1 .m, :" -
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cti!f - ass MILDS=a (the •1gseement•1is sade and
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sutured into as of the 20th day of November: 1990, by and between _ 1
EIMMEME— T. CalssTzaa:a, individually and as Trustee (hereinafter -v., 1
d
referred to as the 'Developer') athe CITE ar d�S• a Florida _;
•: ,i, poi corporation (hereinafter referred to as the 'City').
ill g Nis, the Developer owns fee simple title co c Troia
,,, .
c:a - lands located in Orange County, Florida, said lands being sore
1
li
Ilipartielaarly described in Exhibit •1'! attached hereto and by this
refereeve made a part hereof (hereinafter referred to as the cr-
'
•=rm =not Drama G. R' •-
d•1 i and
11.1 .'T.' 1QWs, the Land is currently lovaj�lM
inej..r!^ ed
,
s i c 5 F- Orange County and is zoned A-1 but lies within the Orange County •
When Service eooedasy Area; and ^ 4 Z C Z F;2790
11SS-Sas, subject to the terms and conditions hereinafter• set forth, the Developer is desirous of voluntarily annexing the •
I,
Lad into the corpo.ata limits of the City of Ocoee pursuant to
the provisions of Section 171.044, Florida Statutes; and .
i----i, subject to the terms and conditions hereinafter
l • a
set forth, the City is desirous of annexing the Land into the -
•
}
cecposate limits of the City of Doose pursuant to the provisions n
otSeetion 171.044, Florida Statutes; and
• 1st-Sts, the City has determined that annexation of the . ' I
• - irmd into the City will besot substantial economic:benefit:to the11
City end its citizsasi and .
MM , the-City has-determined that it is•tensibie'to
; 1
U
' enteed to the Land mut={p=' services such as police protection.
fits protection, sewer and water service, trash and garbage
removal, and street and storm drainage maintenance, such services
to-be-e tended on the same-terms and conditions afforded to all • .;
property owners within the City. .
i 3,
j 71113 INSI AILT ATErARED Dr
AND Iiiik*1.D RE RETtl''fED TO: t
PAia,C�Dl.�'TFiAL. F3Ql
FOf ET i 1+1RD.�CEs
in11,nay.Alums-
oN/%finial 31R31
a _
NOW, Tom, in consideration of the ppremises and .
other good and valuable considerations exchanged between the
:j . parties hereto, the receipt and sufficient which is hereby
aokow edgod. the parties hereto agree as follows! -r
- - auction 1., $�. The above recitals are true .• • -
- and correct and are incorporated herein by reference. __a
section 2. . 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 raatiNn
_ _171.044, Florida Statutes and such other conditions set forth in
the City's annexation application fora. The Developer has also
submitted to the City as application for initial zoning of the r--
: Unite POD Planned Unit DevelopmentDistrict somiaq ..e
classification. The City hereby aoksorledga that the Planning
Director of the City has ands a determination andfinding that
the toning of the Land requested by the Developer is consistent - .
with the Local Comprehensive Plan of the City. '-
In the event the Land is sneezed into the City, the City
agrees to provide mmiaipal services to the Lead, including bat
net limited to, sewer and water service subject to the same
terms, conditions and limitations applicable to other property
d meets within the City, subject to approval of Orange Gomisty.
The Developer aahnbeledges that in order to obtain setter and
il
INANE: oapacity and cosneat to-the City sews and water system
tit will be necessary to enter into separate Developer
£gces■smts with the City with rapes!-thereto. The Developer
farther acknowledges that the-City hes-spade no warranty or
sat..sssmtation regarding the availability of sewer and water-
aapecity or the sewer and water impact and commotion fees which -
nay-be-imposed by the City in coanectioa with the•pzoviding of
sewer-and water service to the Lad. The City agrees that the
Developer shall be entitled to apply for and reserve sewer and tt
• water capacity, subject to the availability thereof, on'the-same
at4 255 n2791 4
2_
.
-- - . 0 . .
id-,
A..4
teras and conditions applicable to other property owners within
the City, subject to the approval of Orange Cooaty. The • c
Developer edra.ledges 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 Eity and Orange County. . . - 0
eseliee 3.` Ds elesaet of the Z.aad.
(a) Pursuant to the proiisioas of Chapter 13 of '
Appendis.•Au of the Ocoee City Code. the City hereby approves .
that certain Land Use Plan. dated September. 30, 1990, as revise - 4 .
lese■ber 12. 1990 and aovesber 20, 1990, and as prepared by Mr.
• Gifford Anglia (knviromenatal Planning i Design), said Land Use
Plea being incorporated herein by-reference art mode a part `'`.
hereof ("the Land Use Plans), 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"9:hihit •S• and by this reference mode a part hereof
(the •Conditions of Approval").
(b) The Developer hereby agrees that the Land shall be
developed is a000rdasce with .rad is ads subject to the Land Us
Plan and time of Approval. N
( as otherwise expressly set forth in this '
-Developer shall comply with the subdivision
regulations of.the City of Ocoee as they nay from time to time be
amended.. Idthsreveat of any conflict between the subdivision
revelations-ad this Agreement, it is agreed that the provisions
ot-this.AgreemmWrehall control.
(dr notrithstanding any Provision contained herein to '
the oocyst -e thr Developer shall pay to the-City all applicable
impeot--fees. including but not limited to, rod. police, tire.
. park amd.reeseatioa. sewer and water impact-fees, at-snob time
and in:snob neueas assay be rewired in-aocoxdance with
applicable-ordinances of the City.
on 42Z5 :ll2T92.
3
e.
. . 48,_____________
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(a) At the request of the City, but no later than
Regent 1, 1991, the Developer shall convey to the City
fie, fee simple title to those lands described in Exhibit •
CV
this reference made a part hereof
Sc' attached hereto and by i _
(hereinafter referred to as •Moore Road right-of-War). The
ccevetaaoe of the Moore Road Right-of-Way shall be by special
warranty deed, free and clear of all liens and encumbrances, rma4
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-Nay. Reel: 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 *savored in accordance with
the provision of Section 196.295, Florida Statutes.
(b) The Developer also agrees to dedicate right-of-wry
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 natured to as 'Maguire Road Right-of-
Iley•)• 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..tbe Maguire Road Right-of-Nay shall be by the sass terns as
described above for the Moore Road Right-of-May.
(a) It-is expressly agreed between the parties that
Moore Road-Right-o !theirs Road_Right-of-Nay are being
*mated toothri i t neither the Developer nor any person-or
entity ehali. ae-entitled to any road impact fee credits or-
compeaeatiom with respect to the conveyance of !bore Road Right-
of-Nay-or Maguire Rod Right-of-Nay. _
Sackioe 5. 0111WARRILMSEMBItiatA2a. In connection
- with the-camveyam --of the Meow hexed Right-of-Nay and the• .
c1426:; :L 2793
4
. ____ . _40.- __ _________ __ , . __ . 0 .,_. . .
•.: . . . .
. .
. .
. . . . . . • . .),....?,.....vo. .
• .b.,' •
•
Maguire Road Right-of-Nay, the Developer shall execute such other 4
documents as nay be reasonably required by the City,including but ;; 1 .
.
not limited to, a no-lien affidavit.
• psation 6., ravine of Moore Road Riaht-of-Wee. It is • ,
• - rpeattiially agreed between the parties hereto that no 1
certificate of occupancy will be issued with respect to any i IMO,
portion of the Land until such time as the !bore Road Right-of- l
s
lay has been paved in accordance with applicable City standards
• so as to provide access to the Land frac Moore Road as a paved 1
and dedicated public roadway; provided, however, that nothiD(?
1
contained herein shall be construed to obligated either the City 4i
or the Developer to pave and improve the Moore Road Right-of-Nay.
s.etiea 7. • ; r-
`` (a) All obligations, rights and ditties of the Developer
and the City ander this Agreement are conditioned upon the
owe:cr am of the following events:
. (1) Aimescatioa of the Land by the City of Ocoee; and .
(2) Lasing of the Land to POD, Planned Dalt Develop■sst
District sowing classification. •
section t. The . Any notice delivered with i
respect to this Agreement shall be in writing and be deemed to be" NI f
delsvesed (whether or not actually received) when (A) hand
delivered to the person hereinafter designated, or (s) upon
receipt of such notice when deposited in the united States Mail, -
postage prepaid, certified sail, 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 parson .
ass the•party shall have specified by-written notice to the other
pasty dei.ered in accordance herewith: •
IP
Developers Petrick ?: Christiansen, Trustee
Pest Office Som 231
k Orlando, Florida 32102-0231
with a copy to: Gifford Anglia
Post Office Soar 23 •
1flshr Park, Florida 32790 .
City: City of Ocoee
150 N. Lakeshore Drive"
Ocoee, Florida 34761
Attentions City Manages •
r _
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•
Section 9. Covenant Running Mid the Lig. This
II
•
• Agreement shall be binding, and shall inure to the benefit of the
hetes, legal representatives, successors and assigns of the
parties, and shall run with the Lad and be binding upon the
heirs, legal representatives, successors and assigns of theVo 1
z
Developer and upon any persue, iia, corporation, or entity who
any beoaee the soceeseor in interest to the Land. • _
. The pasties
hereto agree that an executed original of this Agreement shall be i
recorded, at the City's expense, in the Public Records of Orange 1
- .Cooaty.Florida. The City will. from time to tins upon request . 0. i
at the Developer, execute and deliver letters affirming the . �
• status of this Agreement.
4 4 .
Section ii_ lt. This Meeeeeet and the
provisions contained herein shall be construed, controlled, and
- interpreted according to the laws of the State of Florida.
- _ • u. Thio of the essence. Tine is hereby '
• declared of the essence to the lawful performance of the duties
• sed obiigatir . contained in this agreement.
�12_ Ausimmitailleilbast. This Agreemrst
constitutes the entire agreement between the pasties• and
i
r .epersedes all previous discussions, understandings and
0
agreememts, with respect to the subject natter hereof.
Atemdests to and waivers of.the provisions of this Agreement •Z
shall be made by the parties only in writing by Formal-amendment.
Section ls. mations.. It.anmations. phrase,
pepgsapb, provision or.poetics:of this-Agreement is•foc any =_
yo..-" -j el d invalidby any east-of ocopetent
jari.d ction, sack portion shall be deemed a separate, distinct
and isdepemdest provision and such holding shall not affect the s
validity of the remeiaing portion hereof.
feat iLit i3. . The parties.agree
that at any time following a request therefor by the-other party, .
6` oa 2u5 ?c2795' i.
s
s
• . 0 .
.
further I. 7'1
each shall execute and deliver to the other party such i 1
• documents and instruments, in fors and substance reasonably ;�' 7f- )
naaessary to confirm and/or effectuate the obligations of either • •�...,.
party hereunder and the consummation of the transactions ' ;,_.j
•
contemplated hereby. ' : ;
- 'action 16. ssecifia Performance. Both the City and
® • the Developer shall have the right to enforce the terms andI
%t I
conditions of this Agreement by an action for specific
¢cation 17. Attoraevs' Pees. In the event tent
• either party finds it necessary to commence an action against the
other party to enforce any provision of this Agreement or bananas -
•
af a breach by the other party of any terms hereof, the ,+t c`
prevailing
party shall be entitled to recover frog the other
pasty its reasonable attorneys fees, legal assistants tale and
—
oasts incurred in commotion therewith, at both trial and
• appellate levels, including bankruptcy proceedings, without
regard to whether any legal proceedings are commenced or whetherAi
= mot such action is prosecuted to judgment.
X
• J s. This
ensd oatin any number of counterparts, each of which shall be .,
deemed to be an original but all of which together shall
l --
IN comatitste one and the eine instrument. 11
- 1201/1111.1232. . caption of the
moms and subsections of this Agreement are for convenience .
• arm reference only, and the words contained therein shall is no •' A
wait-be-beld to explain. modify, amplify or aid.in the
iaharpestatioa• ccnstsnctioa-'or.meaaiag of the provisions of this i
1
1
ijceemeat.
• gest!_20. d Personal Liability of beveleser.
p0erick T. Christiansen holds title to the Land in his ."pe••ity '#'
• artrastee. Notwithstanding the fact that Patrick T.
Chtistiaaaes has executed this Agreement both individually and as:
. tastes. Patrick?. Christiansen in his individoaL capaefty shall
• have-on liability whatsoever under or by virtue-of.this_Agsee■met
or;exessting any documents referenced herein. A-
7-
oa' aa5 ?G27-96' _ .
- . -
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, .1•71. 1
nr WM= IDLEV207, the Developer and the City have 'II ,
,
-• •r .
i
caused this instruseat to be executed as of the day and year
•. above written. I
1 .
' Signed, sealed and delivered
in the presence of: DITZLOPZes i
.
-
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•
- --ilk..(AID pricil er .., .
o _ . •a T. Chr . • -r • i
CI r
n_ti t ). IMitAn individually sad as trustee
. • .
- .
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CITTs i
CZ= Cr °. ,n, a
Florida municipal corporation •
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APt_.7:-.-,Aft_. _-4_IIF • - - ,
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.ci A_4.0.) Attest: .t.1...d.t. • '-•••••• .
. '
•
Grafts! ;;;ty.,•• - .
•
I :. .• ...:;..1...-•:• ". .. .. .•
(MAL) .. ;.-.. 2..., • •::..;4.: •
.
TOR Mt ASO INLIANCZ OPLT ASONOIND IT TNT MEI CUTe
• IT Ili CITY eff OCOII, ?LOMA CONITSSION AT A 311171010 SILe .,
• Approved as to toga and ON MM. 1 , 1991
lege.U.,. ty this ifb day of • MINIM ITIN so- ._lir.c ,
I , 1991. •
.e."-
e.
i LANNI= .'
Bra 1. (1112,44° .
CLty Attorney Cs142:15 frorl97
IINATZ-OT-FLORIDA. .-
. s.-..... .
COONr•-cr7010111011-
-
VAIN= =MITT that on this day, before wori as-officer
&ay-authorized in the State and Comity aforesaid to take
miskeseledgemests, perseoally appeased PATIZCZ T. coasmailz,
Zsdiaridsaily and as Trustee, to me-knows to be-the.persee
described in-and who'masted the-foregoing iastramost. and he
. asksowledged before that he exeosted the same.
IIMINISS
ay hand and official seal in the Couaty and
State last aforesaid this lit day ot Nay, 1991.
. .
•
. * Ctiatnins."1° /711AiaPub4. A(AAJ,
mom ira est no
Notary
. ,
(NOTAILIAL_SEAL) $tity•Cosedssion-expires:
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SU= Or FLORIDA :.4z
• :,7'3;
1 -i. . . COMET Or OR1SOZ . .-..
1. 4
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X SCRIBE CLOUT that on this day, before me, an-officer .... - *
I .
, duly authorized in the State and County aforesaid to take
. .. acknowledgements, personally appeared =MR DAM, JR. and JEW --•
,-
A -
:--t.
. OSSITOR, well known to me to be the Mayor and City Clark.
.. seepent.ively, of the CITE Or MOMS, a Florida municipal • _--
i 0 ' ' _ corporation, and that they severally acknowledged executing the
. •
SUPS in the presence of two subscribing witnesses freely and
voluntarily under authority duly vested in them by said .--. •
0 .. monicipaLity. ..
- ••*
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. .." '. • VIIMISS ay hand and official seal in the County and
last aforesaid this 7,41 day of At.1, ,.. 1991.
41;i . . •
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1 • :icy f % -A ....01CMARIAL SEIM) ity Commission expires: . .
c-,-
: .. . iill••.• v.,,, •:•••1 I"6 mum num nos sil R.G•06 41 Will -.-_
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1 • --.C:* le.--t- :i7'.. Mr aimmesmos Gams 1110112111111111116.NM - ..,..
MOW IMO MOM 11011121110.1121401 . ..,
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• 711 1/Z 1.-F ;:•r. .. h 1/4 Or SE..TION 32, 101A1NSIUP. 1
.UUTII, It 44 i': 70 FA.T, Uf1AtICF CCUNTY , FL' IDA, t
LESS TILE WEST 4001 FEET FCR f:UAU; AND THE SCUTA !
3 ACP.E. OF THE S.11.1i4 OF TIIE t: V1r. 1/4 OF SAID SECTION 0
32; LESS 111E 'b EST 4r...0 F.L.T Felt 11CAL.
I:- 32;
70 A •1T1UTY EASEMENT CESCIIIBL0 Ac FOLLOWS%
A 30.00 coot and 60.00 foot Easement described as: EXHIBIT A AV
•
f'' Titat put of the it 1/2 of the SU 1/4 and SW fire osteo of the
}. SW t/4 of the 11W 1/4, less road tights-of way. lying sod being 1
;! . La Seetloa 32, Township 22 South, Range 28 East. described as .
is,
follows:
;� • _ Fees the West 1/4 t Section 32. Tow.shl` 22 South,
, ' tome 20 East. Orange County. Florida;,cue thence M 00 Deg. 20' 1•�
re0
t� 44" V airbag the West line of the Northwest 1/4 of said Section •
4 32 a distance of 167.60 feet to the beginning of a 30.00 foot `^
tight-et-wow sed to the North line of the South cite acres of 4
• the Seethwest 1/t et the Northwest 1/4 of said Section 32 and 1.• e
fes s.f.iat of tegl.eingl thence stens sold North Line M 89 _t ,It•i
Deg. 33' 22" E a di 1 1142.97 (sec to • point of
tasatsetien of the 30.001eec right-of-wap and beginning of the ca
1' 60.00 toot right-of-way; thence S 55 beg. 34' 31" t a distance
of 217.03 feet to the Cast floc of cine Seucl.weec 1/4 of the t...1tech/
test 1/4 of said Section 32; thence S 00 Deg. 20' 49" E a
distance of 44.53 feet to the Northeast corner of the Northwest 1
1/6 of the Southwest 1/4 of said Section 32 and to a point of of
toculsetles of the 60.00 toot right-of-way and beginning of the t
30.00 feet right-of-way; themes N 89 Deg. 55' 03" E a di 'r--.
et 1321.23 teet.to the Northeast corner of the Sewc..weet 1!4 of J
- *- said Section 324 thence S 00 Deg. 20' 49" E along the East line - _
el said Seatbvest t/4 a di 1 30.00 feet; thence S 89 .
• Deg. 31' 03" W a•distante of 1319.06 feet• to a point of 0
tesniaatios of the 30.00 toot right-of-way and beginning of the '...
60.00 1001 right-of-way; thence 11 55 Deg. 34' 38" V a distance Id ,l
n 1
of 293.68 feet to a point of termination of the 60.00 foot .
right rot-way and beginning of the 30.00 feet right-of way; t!
thence S 44 tee. 33' 22" W a di of 1080.54 feet to the r
West Ile. of the Northwest 1'/4 of said Section 32; thence N 00 •1
• Deg. 20' 44" V a distance of 30.00 fest to the Point ofntair
' sestenfng. Cons 84,289 square test or 2.027 acres, more oc
.
loss. • .1
s,
SOI •1
X11 these portions of the hoot 43.00 feet of the Uerehwae
Oseeees of this /eecM.sea Ow . .ed of the west 43.00 !sec et
the Bent! tiro I the Southwest Quarter of the Northwest
t Osartet e: Section 32Township 22 South. Range 28 East. In the 'f
Comity of Otsego. State of Florida. lying between the South v1
• - 1 -Ilse et the Nettle 30.00 feet of said South fire acres of the ''
Southwest Quarter of the Northwest Quarter. and the South line •1
et the Settle 30.00 feet of said Northwest Quarter of the
Southwest (hatter.
MO 1)oteth oa At: .
Tr!1i4)liai.TpOipPssTY 233e.1a. F�RTaIetQ 0 bCta%El. A'Ir FotLo.wbt I
_ �y .-�•AT-'[N! rJa'tiT lit COQrJIR ow �G3% J la,TOwIJ 4P t241,0114. _1 --
Ql.abaQ. .i. eihrfir,oo*s.a co4.)waTY,F4✓ora)o&) MIIWICt 12.1JSJ IJ.65.45fo.2. .t.
POOL 4.0►Co/''PCT Tal THC FOILIT OP OCvi1.1 JItJC0ST}it/JCQ au►a b.o''it.tS E.
►4.t.lTim. .r` . TT% WWSW' Ls, ase TNI S.W.ba •ole d *O Seb1J GT32 F .
. ,
p1
1��p.c a.PEET TO TNt3 Som rs.a. L•,.+a ow WE LJo •f•4/ oro Tima S.w.16.ac- i
'WO SSC.TtO1.151.)T14%- E R.L$J 1.).13V"40'ant"t.Fait 2c.o2..15 FEET TO THE '1
sant. crenwe ls.,ova T'H6 /Jo1Ct H'/1 o r• TNt 5.1.41-VA.OF- 54.10 SEGTIOsJ 51...,
TI.1lsbirt*RJ.)sJ /J.o'to,'Oy"W. rectos rna-.S%Felix To Tu! IJ.Fs.Cott peor_ uta 1
TN! S.W.VL o!a-y�1O W.T t owl St;11-131.1Gt. RLII. S.5 "U":t3 1.FOS '.
TytiM.,itl%T TO T141= S.E.COZNIri.!OM T%4E S•w.VL Ola The.14.V1.'ca OF.WO
a5 ettasJ 52,llitsr•te tc Q1„.I 1.a.o'Ya'oS"w.Fes¢. Kw...BAFLET;TNlw1G2%%ZU$J ,,
S.114es" LS Mi. Pa.o.^.1_t-t_1�4.66T14 TIM *OIJTIA L.I.Jt OR T%4!!. 1J.1AlkVa. Oso•SA.O
I • SlLT1OSJ 3Z FOIL Itet.VS FEC.T ';r) Ti 1t': eik.bT t.to,b4r-or:-wn.r t_%.JG Ola 4,,
WtAte4)1rLE Ct+Or►O;
TIAl..1c.n •W.-) S 0'2a.1.."1:5„.•'dtL K.L.$4 F-S!T TO OM. •'
tsO1..1T Oieg'dnQd...ais-tC.. C00.3t4►,Nu.1Cm. 5 ..i &5.5 �.esm 05. L4aS. _ _ ..
v 119 ware- "Cit C.w••l.4$.S I T% .••.rr 7,I,,,�F5- F]dtlbit '11' y.
1:342135 -r62799 II
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/H LAND USE DATA •^...
-- - O 1� �\ '7 955.1 3314 x`
04418•44 nano' 33404-341• .:i•,
• 7114071 9q-U40 .. -
O Oa 'r••=
11,0
♦ ,
t \ ` 3111 o O•••1• •w1•. *Woe 1111 •• ..4.
i p131•••. .3•tt•• 33.•► •
': \ 11971 •31-3741 !
I.,
�• \ 1 �♦Gtt-f e.eUO- It1e•11a Ca. '-
,- 1.0. !•�33 •1
1155••1109. minas 33719•••31 0vj
(4018 690.911
.• O. -• t J•M•3wwt.aw. 311. •
1.t .
\ I
3u/erw/i •554•..5•
07100005 Ilmt4. 33601 r.
\ I 14071 990.41333
O i�.•ar:156.0• Mt 100.1.1 C•m1I1
r \ 44-II
(01•••1
- 8"s�••••4••455• M .M4 10t10•••1•C•marl
.� a-Mt 10.51••Comer• .
. Imo
- A 101.10•C.a1•tr
mamas rw•••aw. Swum Citrus 5441•. ••••••,1 5114 ••••••••A ` - W .•e1•a1•1516 m
e1• tt• •t•55 05.07101 • `
V t5.C••5.•••t►60 W 455 Memo M••••••
. s••••....... \ •
O lee 111 •
I3•d I►•4•• M a••atm d t5.sitsa s.is ••444030
M Sem II 40
tie I>fImo C11 540•
1 1.r 1461 6555 t.
J r wtl•e•m• foe seam tams •n•►•lila 1.150 1.9tM4•t1N •f W
1 5.11,•0 10.0.144•• wm5.m .••• 15••• i4m11(1e9 N 8,44 •• Comensage• , 0.• .
431• 4•W 1511 arms •n 1 .s a955ON9•••15 •t NOS• �_ - __� 1 -.e..5.some•sees•SAO 01 415.111.1
a t 1 ii
1.T
8.9111 8a -iN
L•9•• 1159
;) \ 8•ml .•O- "
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1 O •►1 team 60••.40 a 4.111••• 15► t•O O.5.• AI Me
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•
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Oi Tae undersigned, being the owner and holder of the -''
' tallawinq scrums documents (the -Mortgage
Doaussnts_'
} . •1. That certain Mortgage dated December 8, 1988 .
'i, - from Patrick T. Christiansen, as trustee, to Mill
- • Caretakers, Ina., aad,reoorded December 13, 1988 in ',r
:. . Official Records Book 4039, Page 1340, Public Records of
. .Qsaags County, Florida -
i. - • • does hereby moment to the foregoing Developer Agreement dated .
(:). tmeembsr 20. 1990 by and between Patrick T. Christiansen,
individually and an trustee, and the City of Come. -:`
4
Dated this �tday of /. .
. ,/ 1991.
44t4"944°.es J. SchifJuan- ,c-•
: MIMI a/ MOWS .
T
mem ar mama
dill authorised to that-on this day before me. a person
1 , tome knees to be the person described leased w
smssmted the foregoing instrument and he.sokaarledgsd before me
. - that he assented the same in behalf of said feed.
my hand ams offlptal seal in ;As state and
meaty. ' meaty last aforesaid this / 2- '^da)yw s..
of (Vs ! j 197x1. •
l MOM= Sibs.) • .• Notary PebliPublics • • .
1 a ky commission esgirsst ,:
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-
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-s
V
LEGAL DESCRIPTION
(THIS IS NOT A SURVEY) r•
A PARCEL OF LAND L TING IN THE SOUTHWEST QUARTER OF SECTION 32. TOWNSHIP 22
SOUTH. RANGE 28 EAST. BEING A PORTION OF LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 5582. PAGE 3080 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING
DESCRIBED AS FOLLOWS
COMMENCE AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY UNE OF
MAGUIRE ROAD (C.R. /439), ACCORDING TO THE STATE OF FLORIDA STATE
ROAD THE SOUTH RIGHT-OF-WAY UENT AY MAP OF S-439.LINE OF MOORE ROAD.AS RECORDED ITION NO. N2601.
OFFICIAL RECCRDS BOOK 4343. PAGE 4532. OF SAID PUBLIC RECORDS FOR A
POINT OF REFERENCE: THENCE RUN SOUTH 0029'40' EAST. ALONG SAID
EAST BEGINNING.T-CF-WAY LINE OF S D POINT LYING ON AUIROAD.RE POINT OF
NON-TANGENT CURVE CONCAVE
NORTHERLY AND ON THE NORTH LINE OF SAID LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 5582. PAGE 3080; THENCE CONTINUE SOUTH 0079'40"
EAST, ALONG SAID EAST RIGHT-OF-WAY LINE 715.91 FEET, MORE OR LESS, TO
THE SOUTH UNE OF THE NORTH HALF OF SAID SOUTHWEST QUARTER OF
SECTION 32 AND THE SOUTH LINE OF SAID LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 5582. PAGE 3080; THENCE RUN NORTH 89'4715" EAST.
ALONG SAID SOUTH UNE. 10.00 FEET: THENCE RUN NORTH 0079'40" WEST.
PARALLEL MTH AND 10.00 FEET EASTERLY FROM SAID EAST RIGHT-OF-WAY
UNE 716.04 NE OF
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5582. PAE 3080,AID NORTH AND A SAID
CURVE, CONCAVE NORTHERLY: THENCE RUN WESTERLY. ALONG SAID NORTH
LINE OF 17-iE DESCRIBED IN OFFICIAL . PAGE
AND SAID C'RVE.OS HAVING A RADIUS LENNGTHROF ECO575.00 FEET,S BOOK5A2CENTRAL 080,
ANGLE OF 10.00 FEET ANDCHORD47"; AN ARC LENGTH OF 10.00 FEET, A LENGTH
A CHORD BEARING OF SOUTH 89V0'27 WESTTOTHE OF
POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND LIES IN THE CITY OF OCOEE ORANGE COUNTY.
FLORIDA AND CONTAINS 7159 SQUARE FEET, MORE OR LESS.
SURVEYOR'S NOTES
(1) BEARINGS SrHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING BASED ON
THE WEST L'NE OF THE SOUTHWEST QUARTER OF SECTION 32. TOWNSHIP 22
SOUTH, RANGE 28 EAST, BEING NORTH 0029'40" WEST.
(2) THE "LEGAL DESCRIPTION" HEREON HAS BEEN PREPARED BY THE SURVEYOR AT
THE CLIENT'S REQUEST.
(3) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
(4) NO ABSTRACT FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP OR OTHER
INSTRUMENTS OF RECORD HAVE BEEN PROVIDED TO THIS FIRM.
(5) THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S
INSTRUCTIONS.
(6) THIS LEGAL DESCRIPTION WAS PREPARED WITHOUT BENEFIT OF A FIELD SURVEY
OF SECTION 32, REFERENCED ABOVE.
DAVID A. WHITE. P.S.M.
FLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS. INC.
CERTIFICATE OF AUTHORIZATION NUMBER LB .3556
SHEET t OF 2
PEC' PROFESSIONAL ENGINEERING CONSULTANTS, INC.
Iengineers planners surveyors
Suite 1560 Eola Pork Centre 200 East Robinson Street Orlando. Florida 32801 407/422-8062
SECTION 32. TOWNSHIP 22 SOUTH, RANGE 28 EAST
_._ ,Toe No: -o�s1-o2.o1a
DATE DEC.U.199$ 1 BY: K.R.C. 1 CHECKED BY: P.S.
i
S. LEGAL DESCRIPTION
(THIS IS NOT A SURVEY)
SCALE
1' = 100'
MOORE ROAD (80' R/W) MA TCH LINE
7784'47;15' E N. LINE SV 1/44 I 40'
NV CCR SV 1/4�� c SEC 32-22-28 O -•-10.00'SEC 32-22-28 v S. R/V LINE CO.R.B. 4343, PG. 4532)
40' N. LINE O.R.B. 5582 PG. 3075 I
i W.
Ca
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W 7159 S.F.. ±
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\ char PLATTED) tn
Zz IN O to
O I d LEGEND14 in
Z POC POINT OF COMMENCEMENT .-4 i4
W POB POINT OF BEGINNING j r
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CI •• z SRO STATE ROAD DEPARTMENT a
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O.R.B. OFFICIAL RECORDS BOOKce
• I ti PC PAGE o
✓ W I CR. COUNTY ROAD I ,,,
ti R RADIUS Q
er
°` & CENTRAL ANGLE Q
A I r L ARC LENGTH °�
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POB «b K LAC GRA 5588. P4 3080 • fl S LINE tJJiL 35114.P6 3090
S 029'40' E ' CNDr PLATTED) I N l�715' E
715.Pi't N
40' Z MATCH LINE SHEET 2 OF 2
"'EaPROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
Suite 1560 Edo Park Centre 200 East Robinson Street Orlando. Florida 32601 407/422-8062
SECTION 32. TOWNSHIP 22 SOUTH. RANGE 28 EAST ---
DATE: DEC.28.1998 I`PREP BY: K.R.C. l CHECKED BY: P.S.
--- 1 JOB No: 0e-251-0L01e
LEGAL DESCRIPTION
(THIS IS NOT A SURVEY)
A PARCEL OF LAND LYING IN THE ECUTHwEST QUARTER OF SECTION 32. TOWNSHIP 22
SOUIN, RANGE 28 EAST. BEING A PORTION CF LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 5582. PAGE 3080 OF THE PUBUC RECORDS OF ORANGE COUNTY. FLORIDA. BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY UNE OF
MAGUIRE ROAD (C.R. /439), ACCORDING TO THE STATE OF FLORIDA STATE
ROAD DEPARTMENT RIGHT-OF-WAY MAP OF 5-439, SECTION NO. 75530-2601,
W1111 THE SOUTH RIGHT-OF-WAY LINE OF MOORE ROAD, AS RECORDED IN
OFFICIAL RECORDS BOCK 4343, PAGE 4532. OF SAID PUBUC RECORDS FOR A
POINT OF REFERENCE; THENCE RUN NORTH 8947'15" EAST, ALONG SAID
SOUTH RIGHT-OF-WAY UNE AND THE NORTH UNE OF SAID LANDS DESCRIBED
IN OFFICIAL RECORDS BOOK 5582. PAGE 3080. A DISTANCE OF 10.00 FEET:
THENCE RUN SOUTH 0029'40' EAST. PARALLEL WITH AND 10.00 FEET EAST
OF SAID EAST RIGHT-CF-WAY UNE OF MAGUIRE ROAD. 610.08 FEET TO A POINT
ON THE NORTHERLY UNE OF SAID LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 5582. PAGE 3080 AND THE POINT OF BEGINNING, SAID POINT LYING ON
A NON-TANGENT CURVE CONCAVE NORTHERLY: THENCE RUN EASTERLY
ALONG SAID CURVE HAVING A RADIUS LENGTH OF 575.00 FEET, A CENTRAL
ANGLE OF 00".59'49', AN ARC LENGTH OF 10.00 FEET. A CHORD LENGTH OF
10.00 FEET AND A CHORD BEARING CF NORTH 8820'39' EAST; THENCE RUN
SOUTH 007940" EAST, PARALLEL WITH AND 20.00 FEET EAST OF SAID EAST
RIGHT-OF-WAY LINE. 776.35 FEET. MORE OR LESS. TO THE SOUTH UNE OF THE
NORTH HALF OF SAID SOUTHWEST QUARTER OF SECTION 32 AND THE SOUTH
UNE OF SAID LANDS CESCRIBED IN OFFICIAL RECORDS BOOK 5582. PAGE 3080:
THENCE RUN SOUTH 894715' ;4EST ALONG SAID SOUTH LINE OF THE
LANDS DESCRIBED IN CFFICIAL RECORDS BOOK 5582, PACE 3080, A DISTANCE
OF 10.00 FEET. THENCE RUN NORTH 0029'40" WEST, PARALLEL WITH AND
10.00 FEET EAST OF SAID EAST RIGHT-OF-WAY UNE, 716.04 FEET, MORE OR
LESS, TO THE POINT CF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND LIES IN THE CITY OF OCOEE. ORANGE COUNTY.
FLORIDA AND CONTAINS 7162 SQUARE FEET, MORE OR LESS.
SURVEYOR'S NOTES:
(1) BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING BASED ON
THE NEST UNE OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 22
SOUTH, RANGE 28 EAST, BEING NORTH 0029'40" WEST,
(2) THE "LEGAL DESCRIPTION" HEREON HAS BEEN PREPARED BY THE SURVEYOR AT
THE CLIENTS REQUEST.
(3) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY. AS SUCH.
(4) NO ABSTRACT FOR RIGHTS-OF-WAY. EASEMENTS OWNERSHIP OR OTHER
INSTRUMENTS OF RECORD HAVE BEEN PROVIDED TO THIS FIRM.
(5) THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE CLIENTS
INSTRUCTIONS
(6) THIS LEGAL DESCRIPTION WAS PREPARED WITHOUT BENEFIT OF A FIELD SURVEY
OF SECTION 32. REFERENCED ABOVE
DAVID A. WHITE. P.S.M.
FLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS INC.
CERTIFICATE OF AUTHORIZATION NUMBER LB .3556
SHEET 1 OF 2
PEc! PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
Suite 1560 Edo Pork Centre 200 East Robinson Street Orlando, Florida .32801 407/422-8062
SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE: DEC.2e.19911 PREP BY: K.R.C. CHECKED BY: P.S. I JOB HD: 0tt-261-0L0111
LEGAL DESCRIPTION
S' I
(THIS IS NOT A SURVEY)
SCALE
1' = 100'
_ _ MOORE ROAD 680' VW) MATCH LINE
� N,9. N 89'47'15' E LINE SV 1/4
NV CDR SV 1/4 c SEC 32-22-29 o I 40'
SEC 32-22-29 v N 89'47'15' E
-10.00' S. R/V LINE MQR.B. 4343, PG. 4532)
. 40ii• N. LINE D.R.B. 5582 — 2a00'
1 PG 3075
C.) w.
ICL
•
I '' 7162 S.F. =
N o
W, c 16,.
v �-10.00'
o I CITY OF OCOEE
SW1/4 SEC. 32 IN v
. N �O M
T-22—S, R-28—E .ru tiz Q
b a
3
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0
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01 13 z S.F. SQUARE FEET
tl ." �i N PT POINT OF TANGENCY
• Nt. .z 4R RADIUS a
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qo PG. PAGE
Q I y C.R. COUNTY ROAD 0:
IQ • c e PROPERTY UNE Q: '
IW I rc LL'
R - 573.00' �. Li
OS9'49'
I ? 2 L - 1a00'
I cC8 N8d10— laoo'0 J9£ �7 I
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W s. LIKE aRJ.5588 PG 3075 I SEC 32-22-28' 1
N LOC 5RJ. 558.PG 3080 S LLC 0R1 SSB& PG 3075
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N 079'40' V 716.04' _ NOT PLATTED)
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20,00' 10.00'
40' --1aoo' MATCH LINE
-- - SHEET 2 OF 2
PECIPROFESSIONAL ENGINEERING CONSULTANTS, INC.
• n g l n • • r s planners s u r v e y o r s
Suite 1560 Edo Pork Centre 200 East Robinson Street Orlando. Florida J2801 407/422-8062
SECTION 32. TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE DEC.28.199$ I PREP BY: K.R.C. I CHEMED BY: P.S. I JOB NO: OE-251-02.018
FOLEY & LARD ER
ATTORNEYS AT LAW
CHICAGO POST OFFICE BOX 2193 SACRAMENTO
DENVER ORLANDO. FLORIDA 32802-2193 SAN DIEGO
JACKSONVILLE I I I NORTH ORANGE AVENUE, SUITE 1 800 SAN FRANCISCO
LOS ANGELES ORLANDO, FLORIDA 3 280 1-2386 TALLAHASSEE
MADISON TELEPHONE: (407)423-7656 TAMPA
MILWAUKEE FACSIMILE: (407)648-1743 WASHINGTON, D.C.
ORLANDO WEST PALM BEACH
WRITER'S DIRECT LINE
423-7656
EMAIL ADDRESS CUENT/MATTER NUMBER
mdoty@foleylaw.com 020377/0284
February 8, 1999
VIA HAND DELIVERY AND
CER 1 I1 IED MAIL RETURN RECEIPT REQUESTED
Glenmuir Properties, Ltd.
7651-B Ashley Park Court
Suite 404
Orlando, FL 32835
Re: City of Ocoee: Maguire Road and Moore Road/
Roberson Road Intersection Improvement Proiect
Dear Property Owner:
The City has now completed its design of the above referenced project. The
proposed improvements require the acquisition of property within your parcel located east of
Maguire Road and south of Moore Road. As you are aware, your predecessor in title, Patrick
T. Christiansen, entered into a Developer Agreement with the City of Ocoee on November 20,
1990. Section 4(b) of the Developer Agreement provides for conveyance of fee simple title by
you of property described as Maguire Road right-of-way within 45 days of receipt of notice
from the City of the determination of the center line of Maguire Road. A copy of the
Developer Agreement is enclosed for your review. This letter constitutes notice that the center
line of Maguire Road has been determined. The Agreement further states that this property
will be conveyed at no cost to the City. Enclosed is a legal description of property located_
along Maguire Road intended to be conveyed under the terms of the Agreement ("Parcel A").
Essentially, Parcel A encompasses a 10' wide strip of property along Maguire Road.
By this letter, the City of Ocoee is hereby requesting that Parcel A be conveyed
to the City within 45 days of receipt of this letter, all in accordance with the terms of the
Developer Agreement. The City will prepare the closing documents referenced in the
Developer Agreement and will be contacting you shortly to set a mutually convenient closing
date.
006.120773.1
ESTABLISHED 1 8 4 2
•FOLEY & LARDNER
Glenmuir Properties, Ltd.
February 9, 1999
Page 2
In addition to Parcel A, enclosed are legal descriptions and sketches of
additional property needed by the City to complete the improvements. Parcels 101 and 102.
are located within your property lying east of Maguire Road. Both parcels are needed for
right-of-way. Parcels 101 and 102 total 6,014 square feet. The City has had these parcels
appraised by Pinel & Carpenter who valued them at $6,210.00. The City is prepared to move
forward with acquisition at this purchase price.
This letter sets forth the willingness of the City staff to make a recommendation
to the Ocoee City Commission that Parcels 101 and 102 be purchased from you based on the
appraised value as determined by Pinel & Carpenter. Any agreement, however, is subject to
the approval of the Ocoee City Commission and is not binding on the City unless approved by
the Ocoee City Commission.
It would be appreciated if you would give me a call as soon as you have had an
opportunity to review this letter. Our goal is to be able to advise the Ocoee City Commission
at its meeting of February 16, 1999 as to your intention to sell this property to the City. We
are prepared to answer any of your questions and to work with you to meet this schedule.
Very truly yours,
Mary A. Doty
Assistant City Attorney
City of Ocoee
MAD:dr
Enclosures
cc: Ellis Shapiro, City Manager
James W. Shira, City Engineer
Paul E. Rosenthal, City Attorney
006.120773.1
1 - POSTAGE 1. 1 POSTMARK OR DATE o
1 RETURN SNOW 7JRU:DATE AND RESTRICTED
W
ADDRE'�CF JE;;VERv DELIVERY
RECEIPT .. O.
CEP'=T_D=FE =ETUFNRECEIPT
Ln SERVICE k/�
lT J
IOTA_HOSTAGE AND FEES U• (0 >CO
m NO INSURANCE COVERAGE PROVIDEDW CC
SENT TO: NOT FORS aTM TONAL MAI tij 0 �O U.
,-01 leo OyyN N g z
a 6lenmuir Properties, 1 o aw -
s 7531-B Ashley Park Couri �' ILL ��`'-" a W LL
-D Suite 4O i \ ,� o
°r Orl ands, F L 32135 c N
a Wcc
C.)
Q W
JS
0.I-
PS FORM 3800 US Postal Service Receipt for a
D�aot/rno5�i�e O/ / 2o3-7 02Certified Mail 0
SENDER: Oeo¢c, /n� u,it? a4f - 020 3 '(17•(52 I also wish to receive the ii
I .tlr,gq to items 1 and/or 2(«a services ' following services(for an extra fee): II
o rsit your name and address on the reverse of this form so that we can return this card 1. 0 Addressee's Address
a Nash this form to the front of the mailpiece,or on the batt if space does not permit. 2. ❑ Restricted Delivery
✓ibs Ileum Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee.
3llflla Addreseed.>bo 4a.Article Number
L; , ,` - P 964 016 345
; MIiY1 r Properties. Ltd. 4b.Service Type
F 16514 Ashley Park Court
a - ... • 7„;.:'. - A4- - X CERTIFIED
n
''',4"--,i4°-`4,54 k „-* 7.Date of Delivery
. ■, ”eyed By:(Print Name) 8.Addressee's Address
(ONLY if requested and fee plaid)
BSSSSSSSnature:(Addressee or Agent) i
V M - P_-sOov_S
(.P FORM 3811, January 1996 olDomestic Return Receipt
_t
r •
1
ARTICLE +
•
P 964 016 345
NE 1•
-
Glenmuir Properties, Ltd. , NUMBER
7651-B Ashley Park Court
Suite 404
Orlando, FL 32835
E
R
f FOLD AT PERFORATION t 'F r ' WALZ _
INSERT IN STANDARD#10 WINDOW ENVELOPE. CERTIfIED
M a ISL E R n -
rn
FENCE: FORM*48157
• . .
--M--''' : -. -:, 3, i; .
• ..-T-- _; - •
,yam 1
•
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• - i
1 TRIS DiwOP (the 'Agreement') is mods and 1th
• . entered into as of the 20day of Novamb.h, 1990, by and between i
QPl tr T. Com, individually and as Trustee (hereinafter ^' 'I
a. • referred to as the 'Developer.) and the CITY OF OOOEE, a Florida A': i
O mmicipal corporation (hereinafter referred to as the •City').
' 1
:cam {
:-d § )1ITNIBSITI; i
ev(Ilk
tlEZEZAS, the Developer owns fee simple title to Crrtain
•
S c •
:,c • lands located in Orange County, Florida, said lands being more .
11 particularly described in Exhibit 'A' attached hereto and by this
reference ands a part hereof (hereinafter referred to as the c"-
°Land'); and 3177704 Otaroe G. FL '
OW el.Oro..alb- / rp04:07%1 1
1 t ; .— 11,111131S, the Land is currently locatia�amin000rated
►a.a.1-
a s'l E1.• Orange County and is zoned A-1 but lies within the Orange Want? •
. Urban Service Boundary Area; and24 2 C 5 I+27 9 0
morias, subject to the terms and conditions hereinafter -
set forth, the Developer is desirous of voluntarily annexing the
Land into the corpoiats limits of the City of Ocoee pursuant to
the provisions of Section 171.044, Florida statutes; and
tl , 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 provisionsy
• of;Sention 171.044, Florida statutes; and
MEMas, the City has determined that annexation of the
Land into the City will bo of substantial economic benefit to the
City and its citizens; and i
noes--•, the City has determined that it is feasible to
e
extend to the Land municipal services such as police protection, •-41
fire protection, sewer and water service, trash and gasbegs (:7:
removal, and street and storm drainage maintenance, sack services -„
t •
to be-extended on the same•terms and conditions afforded to all • ,;
property owners within the City. . '"
i
Tills IX1lrtt3ZLXT AUEPARED fly
AND kI LD BE RETURNED TO:
PAU;. E. llibt.CTRAi.
FOLEy a LAR 5fl
• Ill K.Onllial-Almmo
• O��flu 3a,; _.
• --,:•:-.,
„:„
NON, i wJ)ss, inconsideration of the premises and _
�,
i
other good and valuable considerations exchanged between the
i . parties hereto, the receipt and sufficiency which is hereby
ackowledg'sd, the parties hereto agree as follows: • `4
i ..s.,-1
- pection 1. �esitalt. The above recitals are true '
;.i
and correct and are incorporated herein by
reference.
section Z. . The Developer '.^
:A.
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 r•mtion
- :7.171.044, Florida Statutes and such other conditions set forth in
the City's annexation application foss. The Developer has also
submitted to the City an application for initial zoning of the
s Lind to POD Planned Unit Development District zoning- ._:
. classification. The City hereby acknowledges that the Planning -
Director of the City has mods 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 mrnicipal services to the Land, including but :,
not limited to, sewer and water service subject to the sans
.terms, conditions and limitations applicable to other property
-k
owners within the City, subject to approval of Orange Comity. t
-F.,4-
! The Developer acknowledges that in order to obtain sewer and
water.capscity and connect to the City sewer and water system
that it will be necessary to eater into separate Developer
Agreements with the City with respect thereto. The Developer
further acknowledges that the-City has made no warranty or
ra*.sseetation 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
lf
sewer and water service to the Land. The City agrees that the :
Developer shall be entitled to apply for and reserve sewer and
watercapacity, subject to the.availability thereof, on the say .
;:R4255 n2791
' 2
Fgt.k
•
•i.
4
teras and conditions applicable to other property owners within
the City, subject to the approval of Orange Coanty. She
Developer acknowledges the Land is within the service area of } '
Orange County for water and sewer service. She City shall use
its best efforts to amend the water and sewer territorial
agreements batmen the!ity and orange County. - 0
mom 33.' Dawelocmaat of the Land.
(a) Pursuant to•the pro-Visions of Chapter 13 of
Appendis.•A• of the Ocoee City Code, the City hereby approves ,
that certain Land Use Plan, dated September 30, 1990, as revisal
November 12, 1990 and November 20, 1990, and as prepared by Mr.
Gifford Anglia (Environmental Planning i Design), said Land Use
Plan being incorporated herein by reference and made a part r`
hereof (•tbe Land Use Plan'), subject to those certain Conditions
• of Approval, adopted by the Ocoee City Commission on Novsmber 20,
1990, a tree copy of said Conditions of Approval being attached
hereto as taExhibit 'S' and by this reference made a part hereof
(the 'Ccsditicas of Approval").
(b) She Developer hereby agrees that the Land shall be
developed in accordance with .,nd is made subject to the Land Use
Plan and tions of Approval.
( as otherwise expressly set forth in this
Fe*Developer shall comply with the subdivision
rsgelation* 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,
perk 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.
:;2792
3
n,
411111- .
laatioa .
see to thee• i
...' ,
(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 rightrof-Nay).
The
Road Right-of-Nay shall be by special )
conveyance of the Moore .
warranty deed. freeim and clear of all liens and encumbrances, _ ii
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-Nay. Real property taxes in.connection with the
conveyance shall be prorated as of the day before the acceptance r-
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-wy
for Maguire Road is repaired by the City which will•result in a
fifty (50) foot wide right-of-way frog the planned center line of
Maguire Road (hereinafter ref erred to as •Maguire Road Right-of- .
Way). This dedication shall occur within forty-five (4S) 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 Rod Right-of-Nay shall be by the same terms as
described above for the Moore Road Right-of-Nay. .
(a) It is expressly agreed between the parties that .
Moore Road Right-ofrfrvmd Maguire Road Right-of-Nay are being .
donated to thiija�id tha neither the Developer nor any person or
entity shat. ds-entitled to any road impact fee credits or
compensation with respect to the.conveyancs of Moore Road Right-
of-Way or Maguire Road Right-of-Nay.
lactic. S. ldditiomal Docmaatation. In correction
- with the ccaveyanee-of the Moors -tend -tight-of-Way and the •
crAnS :x2793
4
III,
;:
-,, •
y Maguire Road Right-of-Way, the Developer shall ensaute such other Ya
documents as may be reasonably required by the City,including but K' i (�
- not limited to, a no-lien affidavit.
;sctioa 6. paving of Moore Road Riabt-of-Wsv. It is . ti
•
specifically agreed between the parties hereto that no
certificate of occupancy will be issued with respect to any o
.portion of the Land until such time as the !bore Road Right-of-
Way has been paved in accordance with applicable City standardsille
so as to provide access to the Land from !bore Road as a paved
and dedicated public roadway; prodded, however, that aothinc
contained herein shall be construed to obligated either the City
or the Developer to pave and ;uprose the Moors Road Right-of-Way.
section 7, fela dais to sifeatireasss of .
(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) Aaoezaton
ofithe Land by the City of Ocoee; and •
(2) toning of the Land to POD, Planned Unit Development
•
District zoning classification.
Seion s. anis. Any notice delivered with - ;
ct
respect to this Agreement shall be in writing and be deemed to be
delsysrsd (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, -
postags prepaid, certified mail, return receipt requested, ,
addressed to the person at the address sot forth opposite the
party's name below, or such other address or to such other person
ar+the panty shall have specified by written notice to the other ;
. party dei bared in accordance herewith: ,
Developer: Patrick Ti Christiansen, Trustee
Post Office-Bon 231
k Orlando, Florida 32502-0231
with a copy to: Gifford Anglia
Post Office Bos 23
Winter Park, Florida 32790 ,
•
City: City of Ocoee
150 B. Lakeshore Drive
Ocoee, Florida 34761
•
Attention: City Manager
S• Galt 265 ec2794 1
s
-, -4
I.
_ - =_ -= ..
j
•
Section 9. Covenant Running with the Land. This -
1
Agreement shall be binding, and shall inure to the benefit of the .,•
•
heirs, legal representatives, successors and assigns of the :_.
. .
tzw , .
• parties, and shall run with the Land and be binding upon the .y
• heirs, legal representatives, successors and assigns of the ,"
Developer and upon any person, firm, corporation, or entity who :`
may beaar the successor in interest to the Land.
'cation 10. Recordation of Aereemsnt. 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 ties upon request . s i
of the Developer, execute and deliver letters affirming the - �
4 • states Of this Agreement.
Section 11. nialio>rble lay. This Agreement and the
provisions contained herein shall be construed, controlled, and
- interpreted according to the lm of the State of Florida. •
Section 12. =!ms of the 6sseece. Time is hereby
• declared of the essence to the lawful performance of the duties
i
and obligations contained in this agreement. •
• !canoe 1I. . This Agreement -
constitutes the entire agreement between the parties, and
r' npereedee all previous discussions, understandings and
t e
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 ee
1*. serability. If any sentence, phrase,
paragraph, provision or portionof this Agreement is for any it
re - "s held invalid or unconstitutional by any court of cas4steet -,
•.t
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. muttikmAsemistatutsa. The parties agree
that at any time following a request therefor by the other party,
6 oa42i5 ?GZ795
-- i — r
• i ori •J
such farther ?;f;
each shall execute and deliver to the other party ; )
documents and instruments, in fora and substance reasonably i..../) )
necessary to confirm andior effectuate the obligations of either -.
party hereunder and the consummation of the transactions ;-`.
n contemplated hereby. ,"
lection 16., Specific Performance. Both the City and
' the Developer shall have the right to enforce the teras and )
• conditions of this Agreement by an action for specific , .f
performance. `.t!
- Section 17. Attorneys' Tees. In the event that
either party finds it necessary to cammence an action against the
i
other party to enforce any provision of this Agreement or because -
of a breach by the other party of any teras hereof, the r
Y
1 prevailing party shall be entitled recover from the other . .
to
• party its reasonable attorneys' fess, legal assistants fees and
_ costs incurred in connection therewith, at both trial and
- appellate levels, including bankruptcy proceedings, without
. legard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment.
Betties 1:. C2NstiSSZIEte. 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
t d constitute one and the same instrument. ?'
• faction 19. .Construction Asreement. Caption of the :‘•
. Sections and Subsections of this Agreement are for convenience 9,'..
and reference only, and the words contained therein shall in no -J
way be held to explain, modify, amplify or aid in the-
interpretation, construction or meaning of the provisions of this
Ayceemeat.
lection 20. pe Personal Liability of Develoser.
Patrick T. Christiansen holds title to the Land in his capacity
• as.trustee. Notwithstanding the fact that Patrick T.
1
Christiansen has executed this Agseenest both individually and as
trustee, Patrick?. Christiansen in his individual capacity shall
- - have-no liability whatsoever under or by virtue of this-Agreement r
' or executing any documents referenced herein. -
034285 ? 2796 •. .
•:
•
i�WIZENS MSF, the Developer and the City have 1
•_M
caused this instrument to be executed as of the day and year '' i •
above written.
... :• �
Signed, sealed and delivered DRYSLOFSR: i
:!
' _ is the presence of: P - 1 ; 1
_ 1
---161..(olio . Pa ciAAA_
ter, / _��—,.',rr.- •. I
'atr T. Chr • .. -- .r
• ry kJ
individually and as trustee • i
1Q.t.i . )•• JnDAf I
CITY: i
CITY of 0000, a { .
Florida municipal corporation •
r-
4 .
gm;6717 agrx.../40 .
: ".,... fr ' /dr- • --- • i
i t ' T
eanid9_ .,,,,JJ Attest:
` ( • Grafts 'i ty. "'
. I (SOL)` : .. -:i:-• • .
FOR On EST cis APPROVE) BY Ta none CITE'
• ST TS! CITY OF OCO E, FLORIDA CORQiiIOR AT S --IMO
Approved as to totm and at Am/ 1 ,, 1991
�lity this day of 1 MEM f0. J.D.6
7N�� , 1991. •
f a.
LASDRSR
7.4.1
7 C (LAO
. __ y ta
STEER OF-FLORIDA
•
ORET"-cr-ORIMOR
I.-STs: OMMTI that on this day, before me, an officer
duly authorised in the State and County aforesaid to tab
aebwledgments, personally appeared MIMICS T. Com,
• Iadivldsally and as Trustee, to me-known to be the person
described is and who executed the-foregoing instrument and he,
acknowledged before that he-executed the same.
MEMOS ny hand and official seal in the County and
State last aforesaid this let day of May, 1991.
MOLL iMD • //•�
wee tune. M.0 )•• i.�!t.,
.,e..:.ealnm
(f0121LIAL SEAL) 9 r My-Conaisaion expires: '
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.AI RAIRAST claturr that on this day, before ne, an-officer ..: :
_ . .
i . duly authorised in the State and County aforesaid to take
aolmow/edgements, personally appeared LISS= SAMOS, J2» and JIMA
. GRAFTOS, known to us to be the Mayor and City Clerk,
0 - well respectively, of the CST! Cr °COMA, a Florida noniciima . . . .
.
_ ' compocation, and that they severally acknowledged executing ths •••••••?-,"
. .
sure in the presence of two subscribing witnesses freely and
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.:. voluntarily under authority duly vested in then by said ..'• _
0 :. .. municipality. - ..
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.1.,i. • '7 1112112111 at band and official seal in the County and • ?r.
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lante last aforesaid this 7i day of htelp. „. 1991. -.
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•toripip
TI•E .: /. In U1' SE..TION 32, IOWNS,IiIP-
.W.IT11, FA4 i'. 7R EA;T. URAtICF COUNTY , FLUAIDA,
LESS TUE WEST 4OC1: FEET FCR fUAo; AND THE SCUTII
• - 3 ACRE_ OF THE S.tT.1/4 OF THE l: W. 1/4 OF SAID SECTION ' 0
32; LESS 111E WEST 41'.._0 FccT Fl;lt TICAL.
I' SUBJECT TO A •1TIUTY EASEMEaiT DESCRIBED AS FOLLOWS%
!- A 30.00 toot and 60.00 toot Easement described ass EXHIBIT A
>, T►tat pact of the N 1/2 of the SU l/4 and S4 five acres of the • .
l' SV 1/4 of the UV 1/4. less road fights-of-use, lying and being
,. • to Section 32, Township 22 South. Range 28 East. described as ,
feilovss ...`�
1' Fres the Vest 1/4 cocnec of Section 32. Townshl` 22 South,
1 ' Range 20 East. Orange County. Florida;,rue thence N 00 Deg. 20' L- . S
t.'• 4g"V along the Vest line of the Northwest 1/4 of sold Section
,,1111
32 a distance of 167.60 feet to the begiantng of a 30.00 foot `A -
;• tight-et-wey sod to the North line of the South five ems of 4
• the Southwest 1/4 of the Northwest 1/4 of said Section 32 and r.:-
LouID • feint of Beginning; thence along said North line II 89 v i
.- Deg. 33' 22" C a di f 1142.97 feet to a point of • As
termination of the 30.00-feet glebe-et-way and bestowing of the cJ ,11
.' 60.00 toot right rotw _ay; thence S 35 Deg. 34' 38" E a distance .
of 217.03 feet to the East line of the Southwe+e 1/4 of rho ti •
Northwest 1/4 of said Section 32; thence S 00 Deg. 20' 49" E a a-
distance of 44.55 feet to the Northeast corner of the Northwest I
1/4 of the Southwest 1/4 of said Settles 32 and to a point of o1
termination of the 60.00 foot right-of-way and beginning of the 't
30.00 foot right-of-way; thence N 89 Deg. 55' 03" E a distance O }r .
of 1321.23 teet_te the Northeast corner of the Seet..west 1/4 of ..
+- said Section 321 thence S 00 Oeg. 20. 69" E aloeg the East line
of said Southwest 1/4 a distance of 30.00 feet; thence S 89 •
• Deg. 3S' 03" V a•distance of 1319.06 feet-to a point of C
termination of the 30.00 toot right-of-way and beginning of the .7
60.00 foot right-of-way; thence N SS Deg. 34' 38" V a dl Id ,/
et 293.69 feet to w point of teruinacton of the 60.00 foot H i
right-etc., and beginning of the 30.00 foot right--of-way; t
thence S 89 Deg. 53' 22" w a dt 1 1080.54 feet to the 1
West line of the Northwest 1•/4 of said Section 32; thence N 00 j
• Deg. 20' 48" V a di 1 30.00 feet to the Point of r
leginning. Contains 88,289 sq.iace tett or 2.027 acres. note or -'
lass. • t •1
' SO:
111 those pertiewe of the West 43.00 rest of the Uecthwest
o
Omits: et the Sooskoeed 0 • ."d of the West 43.00 toot .1 1
the South [lee sues of the Southwest ()meter et the Northwest ':
t Quarter e: Section 32, Township 22 South, Range 28 East. in the
County of Orange. State of flotilla. lying between the South
e •llee of the North 30.00 feet of said South ftee acres of the
Southwest Quarter of the Northwest quarter. and the South line •l
01 the North 30.00 feet of said Northwest Quarter of the •
Southwest Quarter. :I
Ana UL+tft.brl As:
11c!Sila%.lnLT PcaOP MISTY d01tJ6 F.I¢TatTr.Q. ORZsCQ1ole.V &A. Foaiow•b t '1
A.1"'M a.ISST'VL C[lfswJ'o es Os;-eiC.TIew.>'dj,TOMsa.nesl%P tZ %c.JT14, -1
RAw+tbtb-'s egh.sriOQ.ae.t6e c,out.JTY,FI..4211110'tl TP*s.JCt t2Ut..1IJ.trlSe'2jt. --
_,
MIR aaao la'rWT TICS TI-M.COMM-OP pEC.tLa lttJco.frietk.iC+e 12.06.3 S.O.2.1 1S E.
p teeIt a.e-t-eit . TF4 TIC WSST t., Ole THR S.m1.sns.O!n e.e.s0 Se cv-sos.1 52 Patz 1
rs1r.
0. d..�ET TO THIS Sour*-1 s..w.,n cols-TNea �N Y`t or•T % S-w.let CC- y
V10 Se C.XtOiJ 3%)T %I JCJ*s 11-1LJN 14-1W A.11'ars.Fact 2C.aE.13 F%%ET TOME •I
sal'. CORweeLCL.OW Theis 1-tfatTH'11 ova me S.W.'/S.oF- 'SAID SeaTIdJ si., '
T1411MICIEh Q.t»J I.l.a•20'07"w• Fort '32'--Ot ta!!T Tea'11-►E 1.e•E.c ea e. cen 1
TNtfs-3.W.t✓L•or-S .IC s1:GXtO►J 52;1oce. QUID S.64esl.'-1.j"W.FOe 1,
I'y11.32.y. .%T`TS Thel S.E.CCtWre ons T41E S Me.Y&.ow-Tite.N.W."4 CP-SMO =
SOR.ts -,Twlce ¢u
oe i vet t ise . ..3 w3.o ••to'o w.FCQ.V.4.04.FL•et 4 T ..X. C two
saWsrJ.T-'V V.e. P4CALLCL W•Tt1 TI eft SON11-4 Luje.on.Tt•1ek sJ•W.bl C S .O I'
' SecnetiJ b2. Feta. VLSI.�'i FEC.T To TIM a ST 21e04T.OF-wa.`t L••Je OP. •f
IAAGoot(Lelt 120/1..O;Tt1osJcm. ttUSJ S cele'1t E.Part tread FEO.T To TSVIL ♦,
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•. 'P.O. Ilms 12114
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or •••••...... • \-3 14411 114)•/111111 —
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flora *feed Cesseer . ••-•1-10#
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1 • bolo B. MOO 4 holestetee. tee.
11111 illeteare resierea•
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sae ranee,weelasd see treeeielea egeetee
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aelfer Opes steep ee tbe oleo. Ihre410418.00 go 040 • .
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THE $0111 40 FEET Or THE 0.1 1/4 OF TIE 1.1.114 dr' -
ttt SEE.32.TSR U S.SST.20 LILESS THE UST 40 .
1, - FEET 11111101I FOE NNW OF lay OF S1S$RE 1040.1 '•^s 2
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i1 LISULAINI1 t
i Ther Sheth 40 feet of the Southwest 1/4 of the Nortlwet 1/4 of
-/ Section 32. Township 22 South. Ranee 24 East IBIS: The lest 40
' ' test thereof for right of weir of Nslsire 1osd1. -
t �. • 1 #
ti.J
Y :7 - ~ �h r with: _c .
13. Thu North 40 feet of the Southwest 1/4 of said Section 32. 11
- 1uelehip 22 Teeth. 1emuu 2$ East. (LESS: The west 40 feet 1 • __
thereof for right of we, of N.tmtre Roed1. r '
•S
I
i = aatelethsr containing 3.35 sores. mace or lses. -
4 - ti^' I
, -.woman./.wolfl•./S► TNR Haiti AM not rase oilman '
TR11>NT1 ono too •$1/TT01'T SW.
i . meta I mete Innli mitt•wee a sewer._ '.. -r:'1. J
1
I waff Ilse tate wsa.t s ssstetw awae ea easeel -
1 -the-mltlee tetlbeet ste.eeo . ..t teeth Ire the Itemise
-
• Oeets .1 teed see..r.ee is tae 211111.41 F.A.C. Fesees•s es
j• fuwwa-47i.an Fte.statet.•. Meeeteets este set see the SKETCH OF DESCRIPTION OF
y -mea i :
.-sessam. ail ws ea&d tea...ammo area ambles% FOUR( RIONTS OF' WAY. Y� ' -
1 tie 11.11 eetiHeseLa. _ t
.$
4! NM/tee
t ` • Inn MilGAMING, MILTON RQOC!!
1 c .
't• . .••`• 1111110 I_. r:. •pe....a.e.1 we..Ftm1•«wens• .-••
~ i r _.� S11 E.4ACO$ON SMUT.SOME 2U. Ogas00 It RMOi.32.01 itt.I I 14001
k %
.8, - -rr:�•SRfpi.SLL?ON cif 101: PATRICK T. CHRISTIAN SEN, TRNSM.
n . I- � 4ar U1 x I• • 400• sides: JAL —41.'11." U RI $41
sees.
h
.•.. ice.': tor 4/]0/!1 R.CS. $1$Et1•. 1 11.1
4 t3 `'-<< :';:'• Exhibit •C• OR4?_85.11213-01
•
-w •
•
r •. i. • . •
. _- �JOt DX* TO DIVILOPU AORZ T
The undersigned. being the owner and holder of the '- •
following dssaribed aortcr,) yi- gage documents (the 'Mortgage
Doanmeats• s•
• •};
,, , �1. That curtain Mortgage dated December 9. 1999 . ___
fuss Patrick T. Chriatiansen, as trnatee, to Mill
;- .r
Caretakers, Ina., aa� eoorded December 13. 1999 in f.ir =i
ofOfficial Records Book 4039• Page 1340. Public Records of
Orange County, Florida
• does hereby consent to the•
11P"
-;i
November 20, 1990 foregoing Developer Agreement dated
O _ individually and as?trustee the City of Ocoeeatrick T. .
,
4
Dated this day of ii..`� , 1991. -
0
....1.-;/Lir -,_ /75i]?.111-A.- .11.1.1.1 i Lit ....-......
. J. Sohiffmaa' c.
I. • z
9Lsasmama COMM OF OMAROR ....4
SY
' 11_ —I 1tzar= that on this day before no, • person w
del authorized to tale • personally appeased Jack '
1 • . si
to sin !maws to be the person described in and who
. instrument he acknowledged
• that he esecatad the same in behalf of said fund.
1Rsmi my hand and official seal in Ano outs and
1 county last aforesaid this 12. •'day of (}� j 19,1. z
�• l (OMNI= SW.) buy Public
b - 1R commission expires: ', ;
er
FMK STR:C fLOftO� - ,..r ,
• MT E% s, s.'O.
. ��
7 •
1
'i:.'.r... a..'IiMriIY
!•.4:«a.r.....w•PI.rt.
oRL235 PG2802
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' :. ^-:` • `.:'!.S" - _._ ._ . -0'4•0•116 - -d
�--vt
LEGAL DESCRIPTION
THIS IS NOT A SURVEY) ruS_ A
A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 32. TOWNSHIP 22
SOUTH. RANGE 28 EAST. BEING A PORTION OF LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 4 PAGE
IN OFFICIAL
OF THE PUBLIC
RECORDS �GO � 1RIDA, BEING DESCRIBED ASOLLOWS:
COMMENCE AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF
MAGUIRE ROAD (C.R. r4J9), ACCORDING TO THE STATE OF FLORIDA STATE
ROADDEPARTMENT NTH THE SOUTH RICHT-OF-WAY ALIN OF MOORE ROAD. ASRECORDED INZ601,
OFFICIAL RECORDS BOOK 4343. PAGE 4532. OF SAID PUBLIC RECORDS. FOR
THE POINT OF BEGINNING; THENCE RUN NORTH 89'4T15' EAST. ALONG
SAD SOUTH RIGHT-OF-WAY LINE AND THE NORTH LINE OF SAID LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 5582 PAGE 3075, A DISTANCE CF
10.00 FEET; THENCE RUN SOUTH 0079'40" EAST. PARALLEL WITH AND 10.00
FEET EASTERLY FROM SAID EAST RIGHT-OF-WAY LINE OF MAGUIRE ROAD.
574.88 FEET. TO A POINT ON THE SOUTHERLY LINE OF SAID LANDS DESCRIBED
IN OFFICIAL RECORDS BOOK 5582 PAGE 3075 AND ON A NON-TANGENT CURVE,
CONCAVE NORTHERLY: THENCE RUN WESTERLY. ALONG SAID CURVE HAVING
A RADIUS LENGTH OF 575.00 FEET. A CENTRAL ANGLE OF 00"59'47", AN ARC
LENGTH OF 10.00 FEET, A CHORD LENGTH OF 10.00 FEET AND A CHORD
BEARING OF SOUTH 89170'27" WEST TO SAID EAST RIGHT-OF-WAY LINE OF
MRIGHT-RE ROAD;OF-WAY LINE. 575.00 FEERUN NORTH
TO THE POINT OF BEGINNING 0079'40" WEST. ALONG SAID
EAST
111E ABOVE DESCRIBED PARCEL OF LAND UES IN THE CITY OF OCOEE ORANGE COUNTY.
FLORIDA AND CONTAINS 5749 SQUARE FEET, MORE OR LESS.
SURVEYOR'S NOTES
(I) BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING BASED ON
THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 32 TOWNSHIP 22
SOUTH, RANGE 28 EAST, BEING NORTH 0029'40' WEST.
(2) "LEGAL
REQUEST.RJPTN_ HEREON HAS BEEN PREPARED BY THE SURVEYOR AT
THE
(3) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY. AS SUCH.
(4) NO ABSTRACT FOR RIGHTS-OF-WAY. EASEMENTS. OWNERSHIP OR OTHER
INSTRUMENTS OF RECORD HAVE BEEN PROVIDED TO THIS FIRM.
(5) THE DELINEATION OF LANDS SH01W HEREON ARE AS PER THE CLIENTS
INSTRUCTIONS
DAVID A. *NM P.S.W. =�
FLORIDA REGIS7RA TION NO. 4044-
PROFESSIONAL ENGINEERING COVSULLVIIralf=
CERTIFTCATE OF AUTHORIZAncN NUM:Er e 3556
t 2i
PNCI PROFESSIONAL ENGINEERING CONSULTANTS, INC- :: > ;
• nyin4 • rs Planners surreyore
Suite 1560 Lola Park Centre 200 East Robinsan Street Orlando. Florida 32001 407/422-8062
SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST
CII BY: P.S. �1 io.NOs O
treSSPOLOIS
DATE: DEC.28.199111 PREP BY: K.R.C.
i 3
LEGAL DESCRIPTION
I (THIS IS NOT A SURVEY)
SCALE
1" = 100'
MOORE ROAD (80' R/W) _ MA TCH LINE
40'
NV CCR SV 1/4 c N 89'4715• E MLINE SVI%4 g SEC 32-22-28
SEC 32-22-28 N 89'47'15' r
law S. R/V LINE (Q.R.B. 4342 PG. 4532) •
40' N. LINE D.R.B. 5582, PG. 3075 •
I
W.
r M
w --4. 10,00' el. vi
I?' cl
I
$ X5749 S.F. ± I , i
N .
•C o
o h cu •
? q
`V N Li 1
N.
CITY OF OCOEE Z a
g I
SW 1/4 SEC. 32 ,\ Iy c
T-22-S, R-28-E 3 o
3.1 Z •>. N
kN
ccn
•13 I h (NOT PLATTED) CO *Z
cl
� •a ^ W LEGEND " I u
I d b P08 POINT OF BEGINNING 01 H
C1 cla 2 z., COR CORNER
0) •cu tiI SEC SECTION ��
v--•civ `�"
VW RIGHT-OF-WAY
Ce I N a ti SRD STATE ROAD DEPARTMENT
S.F. SQUARE FEET
C3 •LI 3 O.R.B. OFFlCIAL RECORDS BOOK N.r
✓ H ck PG. PAGE A I "et
A C.R. COUNTY ROAD Q'
A 1:<, h R RADIUS LENGTH ❑
Q•3 p CENTRAL ANGLE Q& I c
' L ARC LENGTH
Q: Cl C CHORD LENGTH LI y
I
W I i 7ri, C8 CHORD BEARING LC• I
. E PROPERTY LINE ❑
s LIW• I
I z
a SLBEaim 558LPG.3075a E: cl
,:
• ‘ K LI!!O.R� 55sz Pa xis -
. oci 4r- S LIFE M 1/$Sii1�t/4
I W R = 573 00' S.UK
Lt = 059'47' UK 121.3.MI PG..i080
• . L =•10.00' •
al• C = 10.00'
vi
jz. C8 = S89V0'27'1Y
40' MATCH LINE SHEET-2 Cr 2
' - PROFESSIONAL ENGINEERING CONSULTANTS INC.
pre engine • rs planners surveyors
Suite 1560 Eels Park Centro 200 East Robinson Street Arianda, Florida .32501 407/422-8062
SECTION '32: 'TOWNSHIP 22 SOUTH RANGE 28 EAST
DATE: DEC.2e1.1998 'MP BY: KAC. CIO r•r P.S. AB'Et C1-
LEGAL DESCRIPTION ,
THIS IS NOT A SURVEY) )01
C Pa/n-4
A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 32 TOWNSHIP 22 SOUTH.
IN OFFICIAL RECORDS BOOK 558
PGE 3075NGE 28E OASTF THEPUBLIC RECORDS OF' ORAN ETION OF LANDSSCRIBED COUNTY. FLORIDA. BEING DESCRIBED ASZ
FOLLOWS:
COMMENCE AT THE INTERSEC770N OF THE EAST RIGHT—OF—WAY LINE OF MAGUIRE
ROAD (CR. 1439). ACCORDING TO THE STATE OF FLORIDA STATE ROAD
DEPARTMENT RIGHT—OF—WAY MAP OF 5-439. SECAON NO. 75530-2601, WITH THE
SOUTH RIGHT—OF—WAY LINE OF MOORE ROAD. AS RECORDED IN OFFICIAL
RECORDS BOOK 434.3, PAGE 4532. OF SAID PUBLIC RECORDS, FOR A POINT OF
REFERENCE: THENCE RUN NORTH 89'47'15" EAST. ALONG 5,410 SOUTH RIGHT—OF—WAY
LINE AND THE NORTH LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 5582 PAGE 3075, A DISTANCE OF 10.00 FEET: THENCE RUN SOUTH
0029'40" EAST, PARALLEL WITH AND 10.00 FEET EAST OF SAID EAST RIGHT—OF—WAY
LINE OF MAGUIRE ROAD, 35.22 FEET TO THE POINT OF BEGINNING: THENCE
CONTINUE SOUTH 0029'40" EAST. PARALLEL WITH AND 10.00 FEET EAST OF
SAID EAST RIGHT—OF—WAY UNE 539.64 FEET TO A POINT ON THE SOUTH LINE OF
SAID LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5582 PAGE J075 SAID POINT
LYING ON A NON—TANGENT CURVE CONCAVE NORTHERLY: THENCE RUN
EASTERLY. ALONG SAID CURVE HAVING A RADIUS LENGTH OF 575.00 FEET. A
CENTRAL ANGLE OF 00' 59' 49; AN ARC LENGTH OF 10.00 FEET. A CHORD
LENGTH OF 10.00 FEET AND A CHORD BEARING OF NORTH 88'00' 39" EAST.:
THENCE RUN NORTH 0029'40" WEST. PARALLEL WITH AND 20.00 FEET EAST OF
SAID EAST RIGHT—OF—WAY UNE. 539.38 FEET: THENCE RUN SOUTH 8910'20"
WEST. 10.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND UES IN THE CITY OF OCOEE. ORANGE COUNTY.
FLORIDA AND CONTAINS 5,396 SQUARE FEET. MORE OR LESS.
SURVEYOR'S NOTES
(1) BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING BASED ON
THE WEST UNE OF THE SOUTHWEST QUARTER OF SECTION 3Z TOWNSHIP 22
SOUTH, RANGE 28 EAST. BEING NORTH 0029'40" WEST.
(2) THE LEDESCRIPTION"
CRII TION dt HEREON HAS BEEN PREPARED BY THE SURVEYAT
THE GATS
(3) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCK
(4) NO ABSTRACT FOR RIGHTS—OF—WAY. EASEMENTS. OWNERSHIP OR OTHER
INSTRUMENTS OF RECORD HAVE BEEN PROVIDED TO THIS ARM.
(5) THE DELNEARON OF LANDS SHOWN HEREON ARE AS PER THE CLIENTS
INSTRUCTIONS
DAVID A. WHITE: P.S.M.
FLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS"INC.
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
SHEET 1 OF 2
J
PaoPROFESSIONAL. ENGINEERING CONSULTANTS INC.
engineers planners surveyors
Suite 1560 Edo Park Centre 200 East Robinson Street Orlando. Florida 32801 407/422-8062
SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST ,__,._
DATE DEC.ze.t99e I BY: K.R.C. 11Y: P.S. .100 '018
LEGAL DESCRIPTION
S' THIS IS NOT A SURVEY)
SCALE
1" = 100'
MOORE ROAD (80' R/W) MATCH LINE-
NV CDR SV 1/4---AfN 89'47'15' E SEC I32 22-29 O 1 40'
SEC 32-22-29 r N 89.4715' E r
10.00' S. R/V LINE (O.R 3. 4343 PG. 4532) •
40' M LINE O.R.B. 5592. •
S 300'.229:40' E PG 3075 I
89'30'20' V W.
c IMO' =1
I �—�, X2000' co
lam' J.
o.
C. h ti
N I R —5396 S.F. ± I
N O
f CITY OF OCOEE �N 78
SW 1/4 SEC. 32 w 1...._
N`' T-22—S, R-28—E 3Ir '' z...-
IN
l`I' O p2. `•'\' z
cK ••N tg of (NOT PLATTED) H W
z
O W 0 td
C .4 a
� '; y 3 LEGEND i . i
_ 4 POC POINT OF REFERENCE
Ch• I3 c N COR CORNER POEI POINT OF BEGINNING a
th •ti •
x b SEC SECTION 'a'-' o
`t_•X ? = R/W RIGHT-OF-WAY y
I-+ °C SRD STATE ROAD DEPARTMENT I i
'° SF. SQUARE FEET V • cA
� 3 oc
(3 . h PT POINT OF TANGENCY V . C
v • 1 R RADIUS LENGTH I
o� A DELTA ANGLE
A I r L ARC LENGTH A ti
0 . z
Q t C LHORD LENGTH IQ 4
CX i C8 CHORD ING
OFF7CJALREECORDS BOOK Lail
PC. PAGEcc
� CR COUNTY
. cl e PROPERTY ROAD W
NE Z 1
l7
eI W- -a-- , -
� S L1rE a& 372 Pt3 7073 i . J
N LICE ORIL 552 Pit 7080
140, SEC. r 2.- -' sSV 1/4
I � R A= 57500'
= 039'49 A 1.1641,13.-
1. = 10.00' • 552_Pa.308111`
• C= 10.00' I
C8 = N15111039E
1 40' MATCH LINE WES 2 OF 2
pffaPROFESSIONAL ENGINEERING CONSULTANTS, INC-
anglnssrs planners suma `c ` s
Suits 1560 Edo Park Gnus 200 East Robinson Stmt Orlando` Firstdo .32801 407/422-8062-
-SECTION
07/422 8062-SECTION 32. TOWNSHIP 22" SOUTH, RANGE 28 EAST
DATE: DEC.20.1990 LP ?1V: K.R.C. I mato BY: P.S. t,roe sick aelI5I4&oa
A
LEGAL DESCRIPTION
(THIS IS NOT A SURVEY) \ u, R -
A
PARCEL OF LAND LYING IN THE SCUTHW£ST QUARTER OF SECTION 3Z TOWNSHIP 22
SOUTH. RANGE 28 EAST. BEING A PORTION OF LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 4806. PAGE .3568 OF THE PUBLIC RECORDS OF ORANGE COUNTY. FLORIDA. BEING
DESCRIBED AS FOLLOWS
COMMENCE AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY OF MAGUIRE
ROAD (C.R. /439). ACCORDING TO THE STATE OF FLORIDA STATE ROAD
DEPARTMENT RIGHT-OF-WAY MAP OF 5-439. SECTION NO. 75530-2601. Yet/11
THE SOUTH RIGHT-OF-WAY LINE OF MOORE ROAD. AS RECORDED IN
OFFICIAL RECORDS BOCK 4343. PAGE 4532 OF SAID PUBUC RECORDS FOR
THE POINT OF REFERENCE THENCE RUN NORTH 89'4715' EAST. ALONG
SAID SOUTH RIGHT-OF-WAY LONE AND THE NORTH UNE OF SAID LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 4806. PAGE 3568. A DISTANCE OF
10.00 FEET TO THE POINT OF BEGSNNSNG: THENCE CONTINUE NORTH
8947'15' EAST. ALONG SAID SOUTH RIGHT-OF-WAY UNE 45.17 FEET TO
THE POINT OF CUSP OF A CURVE CONCAVE SOUTHEASTERLY: THENCE RUN
SOUTHWESTERLY: ALONG SAID CURVE. HAVING A RADIUS LENGTH OF .35.00
FEET. A CENTRAL ANGLE OF 9076"55" AN ARC LENGTH OF 55.15 FEET. A
CHORD LENGTH OF 49.62 PET AND A CHORD BEARING OF SOUTH
4438'47' WEST TO THE POINT CF TANGENCY. SAID POINT BEING 20.00
FEET EAST OF. AS MEASURED PERPENDICULAR TO. THE AFORESAID EAST
RIGHT-OF-WAY UNE OF MAGLARE ROAD: THENCE RUN SOUTH 89'30'20'
WEST, 10.00 FEET 70 A POINT BEBNG 10.00 FEET EAST OF. AS MEASURED
PERPENDICULAR TO. SAID EAST RIGHT-OF-WAY UNE OF MAGUIRE ROAD;
THENCE RUN NORTH 0079'40' REST. PARALLEL WITH AND 10.00 FEET
EAST OF SAID EAST RIGHT-OF-WAY LINE. 35.22 FEET TO THE POINT OF
BEGINNING. •
THE ABOVE DESCRIBED PARCEL OF L4N0 LIES IN THE CITY OF OCOEE ORANGE COUNTY. I
FLORIDA AND CONTAINS 618 SQUARE FEET MORE OR LESS.
SURVEYOR'S NOTES
(1) BEARINGS SHOWN HEREON ARE REIA7VE TO AN ASSUMED BEARING BASED ON ;mow
11£ WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 32. TOWNSHIP 22
SOUTH, RANGE 28 EAST. BONG NORTH 0079'40- WEST.
(2) 114E 'LEGAL DESCRIPTION'HEREON HAS BEEN PREPARED BY THE SURVEYOR AT __
THE CLIENTS REQUEST.
(3) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY. AS SUCH.
(4) NO ABSTRACT FOR RIGHTS-OF-WAY. EASBIENTS OWNERSHIP OR OTHER
INSTRUMENTS OF RECORD HAVE BEEN PROVIDED TO THIS FIRM.
(5) THE DEUYEATION OF LANDS SHOWN HEREON ARE AS PER THE CLIENT S
INSTRUCTIONS
(6) ITIS LEGAL DESCRIPTION WAS PREPARED WITHOUT BETVEFIT OF A FIELD SURVEYz
OF SECTION 32. REFERENCED ABOVE
IAS
"::*-?:*'
•: I
. 'ice.
DAVID A. PANTE P.SJL
Ft IDA REGISTRATION NO. 4044 • ,
PROFESSIONAL ENG
CERTIFICATE OF AUTHORIZATION NUNI LB 2556"
4_;.!,..,t.
sairprorti.
ProPROFESSIONAL. ENGINEERING CONSULTAND INC: `"
o-n9 / noors p / ann • ra, s•rrrrorora �'
Suit. 1560 Eolo=-Patter Contra 200 East Robb Strwt- Orlando.-Florido 32801 4W/422-8062 __ .',: ,
SECTION 32. TOWNSHIP 22.-.SOUTH, RANGE_ 28?EAST' .._
DATE NOV.3.199S 'NQ.OY': LTU.. 1 /Y:i. I ABM �- -.1-:3;'
r
J. LEGAL DESCRIPTION
(THIS IS NOT A SURVEY)
SCALE
1" = 50'
MOIRE ROAD (80' R/W)
f N 89'47'15' E_ N LINE SV 1/4
NW COR SW 1/� SEC 32-22-28
SEC 32-22-29 c
O •
N 89'47'15' E POB/457'47?T E
10.00' / S. R/V LINE W.R.B. 4343, PG 4532)
/ > . `�T N. LINE O.R.B. 4806, PG. 3568
40' (1�J b a OF CUSP
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Q (g A s '35'
C a 49.62'
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COR CORNER
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H SF. SQUARE FEET
A i 1 PT PONT OF TANGENCY
Q- 0% R- RADIUS ,
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L ARC LENGTH .4
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PIC! PROFESSIONAL_ ENGINEERING CONSULTANTS` INCon4ln • • rs pionn • rs s*rrr•r•rs
Suite 1360- EoWE Parr- Centre- 200 East Robinson Streit Orlando. Florida J211101 407/422-0 >.
-SECTION _32; TOWNSHIP 22:SOUTH, RANGE 28" EAST"
DATE: NOV.3.ASS 'MEP Fit 1t.R.t;
1nr: PA.: .los olQ06411142211.
FOLEY & LARDNER
CHICAGO A T Tp 1.t$F(I(ESB0* I$3A W SACRAMENTO
DENVER ORLANDO. FLORIDA 32802-2193 SAN DIEGO
JACKSONVILLE 111 NORTH ORANGE AVENUE. SUITE 1800 SAN FRANCISCO
LOS ANGELES ORLANDO. FLORIDA 32801-2386 TALLAHASSEE
MADISON TELEPHONE: (407) 423-7656 TAMPA
MILWAUKEE FACSIMILE: (407) 648-1743 WASHINGTON. D.C.
ORLANDO WEST PALM BEACH
WRITER'S DIRECT LINE
423-7656
EMAIL ADDRESS CLIENT/MATTER NUMBER
mdoty@foleylaw.com 020377/0284
October 18, 1999
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Harvey Birdman
Colony Plaza Development, Inc.
307 S. 21" Avenue
Hollywood, Florida 33020
Re: Maguire Road Widening Project
Dear Mr. Birdman:
The City of Ocoee has now completed its design of the above referenced
project. The proposed improvements require the acquisition of a ±4.38 acre parcel located on
the west side of Maguire Road in the City of Ocoee. The City has had this property appraised
by Pinel & Carpenter, Inc. who valued your property at $765,000.00. At this time the City is
prepared to move forward with the acquisition of your property at a purchase price of
$765,000.00 which constitutes its appraised value.
This letter sets forth the willingness of the City Staff to make a recommendation
to the Ocoee City Commission that your property be purchased from you for $765,000.00.
Any agreement, however, is subject to the approval of the Ocoee City Commission and is not
binding on the City unless approved by the Ocoee City Commission.
It would be appreciated if you would give me a call after you have had an
opportunity to review this letter. Our goal is to present an agreement to the Ocoee City
Commission for the purchase of your property at its meeting of November 2, 1999.
006.157583.1
ESTABLISHED 1 8 4 2
FOLEY & LARDNER
Harvey Birdman
October 18, 1999
Page 2
We are prepared to answer any of your questions and to work with you to meet
this schedule.
Very truly yours,
C
Mary A. Do
Assistant City Attorney
MAD:jr
Enclosure
cc: Ellis Shapiro, City Manager
James W. Shira, City Engineer
Paul E. Rosenthal, City Attorney
006.157583.1 •
POSTAGE / T3 POSTMARK OR DATE o
RETURN SHOW TG Wt.L'-=,':-.;-7.A�." RESTRICTED / Wa
ADDRESS OF: DELIVERY
RECEIPT /
CERTIFIED FEE RETURN RECE �l S
ru SERVICE /
N TOTAL POSTAGE L'..--,FEE; uy
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NO INSURANCE COVERAGE PROVIDED-
SENT TO: NOT FOR• IIINETEERRN INTERNATIONAL MAIL o 0
_OTHER ItaR a.
a
z
o HARVEY BIRD i."is �N`w•
.\ �=
Colony Plaza bevel I CC
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307 Si 21st Avenue ;� ` �o
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PS FORM 3800 US Postal Service Receipt for
Certified Mail o
a
2
•
FO LEY & LARDNER
ATTRNEVS AT .. AW
CHICAGO POST OFFICE BOX 2193 SACRAMENTO
DENVER ORLANDO. FLORIDA 32802-2 193 SAN DIEGO
JACKSONVILLE 111 NORTH ORANGE AVENUE. SUITE 1800 SAN FRANCISCO
LOS ANGELES ORLANDO. FLORIDA 32801-2386 TALLAHASSEE
MADISON TELEPHONE: (407)423-7656 TAMPA
MILWAUKEE FACSIMILE: (407)648-1743 WASHINGTON. D.C.
ORLANDO
WEST PALM BEACH
WRITER'S DIRECT LINE
423-7656
EMAIL ADDRESS CLIENT/MATTER NUMBER
mdoty@foleylaw.com 020377/0284
July 22, 1999
CERT7rhhD MAIL RETURN RECEIPT REOUESTED
Orange County Cruisers, Inc.
c/o John Maszy
P.O. Box 639
Ocoee, Florida 34761-0639
Re: Maguire Road Widening Project
Dear Mr. Maszy:
The City of Ocoee has now completed its design of the above referenced
project. The proposed improvements require the acquisition of your .80 acre parcel located on
the west side of Maguire Road in the City of Ocoee. The City has had this property appraised
by Pinel & Carpenter, Inc. who valued your property and its improvements at $190,000.00.
More specifically, Pinel & Carpenter valued the land at $121,700.00 and the improvements at
$68,300.00, for a total value of $190,000.00. At this time the City is prepared to move
forward with the acquisition of your property at a purchase price of $190,000.00 which
constitutes its appraised value.
This letter sets forth the willingness of the City Staff to make a recommendation
to the Ocoee City Commission that your property be purchased from you for $190,000.00.
Any agreement, however, is subject to the approval of the Ocoee City Commission and is not
binding on the City unless approved by the Ocoee City Commission.
It would be appreciated if you would give me a call after you have had an
opportunity to review this letter. Our goal is to present an agreement to the Ocoee City
Commission for the purchase of your property at its meeting of August 17, 1999.
006.147713.1
ESTABLISHED 1 8 4 2
FOLEY & LARDNER
Orange County Cruisers, Inc.
July 22, 1999
Page 2
We are prepared to answer any of your questions and to work with you to meet
this schedule.
Very truly yours
kms. CtA49 CL
Mary A. Doty
Assistant City Attorney
MAD:ar
cc: 6Ellis Shapiro, City Manager
'James W. Shira, City Engineer
s- Paul E. Rosenthal, City Attorney
006.147713.1
• .
•
SENDER: I also wish to receive the
•Cele Awns 1 and/or 2 for additional eervioes following services(for an extra fee):
•Print yot r name and address on the reverse of this form so that we can retum this card
eo you - 1. 0 Addressee's Address
•Attach urs form to the front of the mailpiece.or on the back If space does not pennit 2. 0 Restricted Delivery
•The Ream Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee.
a Article ACkke se5144,, ":.;,p,4 _ .* r:- -. _ . 4a Article Number
$nye COYnsy�Clfwisers. Inc." .`_ P 964 013 133
-C/O •Jobe- 4b.Service Type
,P.43. kik . - '
OcON a i ; ; 61-0639 CERTIFIED
7.Date of Delivery
VLH` - ` _
5.Received By:(Print :. ! 8.Addressee's Address
` ,"} (ONLY if requested and fee paid)
6.Signature' •'ressee or Agent)
X . / •
PS Fs• X3811, January 1,; Domestic Return Receipt
;i
11111 t it 1; ;WI
ARTICLE
•
P 964 013 133
UNE 1• Orange County Cruisers, Inc. NUMBER
c/o John Maszy
P.O. Box 639
Ocoee, FL 34761-0639
t FOLD AT PERFORATION t , • • WAFZ
INSERT IN STANDARD#10 WINDOW ENVELOPE. M A lit E R,..
MFS
FORM s 48157
REFERENCE:i —
FO LEY & LARDNER
ATTORNEYS AT . A W
CHICAGO POST OFFICE BOX 2 193 SACRAMENTO
DENVER ORLANDO. FLORIDA 32802-2 193 SAN DIEGO
JACKSONVILLE I I I NORTH ORANGE AVENUE. SUITE 1800 SAN FRANCISCO
LOS ANGELES ORLANDO. FLORIDA 3280 I-2386 TALLAHASSEE
MADISON TELEPHONE: (407)423-7656 TAMPA
MILWAUKEE FACSIMILE: (407) 648-1743 WASHINGTON. O.C.
ORLANDO WEST PALM BEACH
WRITER'S DIRECT LINE
423-7656
EMAIL ADDRESS CLIENT/MATTER NUMBER
mdoty@foleylaw.com 020377/0284
December 16, 1998
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Wingfield Reserve Corporation
do GSN Development Company
Suite 404
7651-B Ashley Park Court
Orlando, FL 32835-6331
Re: City of Ocoee: Maguire Road and Moore Road/
Roberson Road Intersection Improvement Project
Dear Property Owner:
The City has now completed its design of the above referenced project. The
proposed improvements require the acquisition of property within your parcel located at the
southwest corner of the Maguire/Roberson Road intersection. Enclosed is a sketch and legal
description of your property needed to complete the improvements ("the Property"). The
Property is needed for right-of-way for which the City requires fee simple title.
The City has had this parcel appraised by Pinel & Carpenter and is prepared to
move forward with acquisition at the Property's appraised value of$28,820.
This letter sets forth the willingness of the City staff to make a recommendation
to the Ocoee City Commission that the Property be purchased from you based on the appraised
value as determined by Pinel & Carpenter. Any agreement, however, is subject to the
approval of the Ocoee City Commission and is not binding on the City unless approved by the
Ocoee City Commission.
It would be appreciated if you would give me a call after you have had an
opportunity to review this letter. Our goal is to present an agreement to the Ocoee City
Commission on this Property at its meeting of January 5, 1999. We are prepared to answer
006.120516.1
ESTABLISHED 1 8 4 2
FOLEY & LARDNER
Wingfield Reserve Corporation
December 16, 1998
Page 2
any of your questions and to work with you to meet this schedule.
Very truly yours,
Mary A. Doty
Assistant City Attorney
City of Ocoee
MAD:dr
Enclosures
cc: Ellis Shapiro, City Manager
James W. Shira, City Engineer
Paul E. Rosenthal, City Attorney
006.120516.1
LEGAL DESCRIPTION
(THIS IS NOT A SURVEY)
A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF SECTION 31. TOWNSHIP
22 SOUTH, RANGE 28 EAST, BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY
LINE OF ROBERSON ROAD WITH THE WEST RIGHT-OF-WAY LINE OF
MAGUIRE ROAD (C.R. #439), ACCORDING TO THE STATE OF FLORIDA
STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP OF S-439, SECTION Na
75530-2601, FOR THE POINT OF BEGINNING; THENCE RUN SOUTH
0029'40" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE OF
MAGUIRE ROAD. 40.00 FEET; THENCE. DEPARTING SAID WEST RIGHT-
OF-WAY LINE. RUN NORTH 4530'36" WEST. 28.28 FEET TO A POINT
BEING 20.00 FEET SOUTH OF AS MEASURED PERPENDICULAR TO THE
AFORESAID SOUTH RIGHT-OF-WAY LINE OF ROBERSON ROAD: THENCE
RUN SOUTH 892875 WEST, PARALLEL WITH SAID SOUTH RIGHT-
OF-WAY LINE OF ROBERSON ROAD, 381.65 FEET; THENCE RUN NORTH
0031'35' WEST, 20.00 FEET TO SAID SOUTH RIGHT-OF-WAY LINE
OF ROBERSON ROAD; THENCE RUN NORTH 8928'25' EAST, ALONG
SAID SOUTH RIGHT-OF-WAY LINE, 401.66 FEET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND LIES IN ORANGE COUNTY. FLORIDA AND
CONTAINS 8234 SQUARE FEET. MORE OR LESS.
SURVEYOR'S NOTES:
(1) BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING BASED
ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 31.
TOWNSHIP 22 SOUTH. RANGE 28 EAST. BEING NORTH 0029'40- WEST.
(2) THE "LEGAL DESCRIPTION'. HEREON HAS BEEN PREPARED BY THE SURVEYOR
AT THE CLIENT'S REQUEST.
(3) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
(4) NO ABSTRACT FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP OR OTHER
INSTRUMENTS OF RECORD HAVE BEEN PROVIDED TO THIS FIRM.
(5) THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S
INSTRUCTIONS.
DAVID A. WHITE. P.S.M.
FLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS. INC.
CERTIFICATE OF AUTHORIZATION NUMBER LB .3556
SHEET 1 OF 2
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
Suite 1560 Eolo Pork Centre 200 East Robinson Street Orlando. Florida 32801 407/422-8062
SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE OCT. 20. 1998 PREP BY: K.R.C. CHECKED BY: P.S. JOB N0: 0E-251-02.018
LEGAL DESCRIPTION
(THIS IS NOT A SURVEY)
SCALE
1" = 100'
ROBERSON ROAD (R/W WIDTH VARIES)
D.R.B. 1390, PG. 86, ORA. 1403, PG. 334, O.R.B. 1597, PG 971 NE COR SE 1/4
O.R.B. 1919, Pa 8341 aR.B. 1932, PG. 5501 O.R.B. 3529, PG. 1387 SEC 31-22-28
•
N. LINE SE 1/4 SEC 31-22-28 N 89'28'25' E PUB
S. R/V LINE /11
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N 8926'25 E 40L66' a 40'
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SRD STATE ROAD DEPARTMENT I I%
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O.R.B. OFFICIAL RECORDS BOOK 7 Li
PG. PAGE i
C.R. COUNTY ROADI
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engineers planners surveyors
Suite 1560 Edo Paris Centre 200 East Robinson Street Orlando, Florida 32801 407/422-8062 w
I
SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE OCT 20.199$ I MP BY: K.R.C. I Cteac®BY: P.S.
—IJOB PO OE-!lit.OL01t4
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RETURN ,.:AN TO WHOM.DATE AND/ RESTRICTED / 'Ct.
RECEIPT "DRESS OF DELIVERY DELIVERY
ERTIFIED FEE-RETURN RECEIPT % 4� - � OJ
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ca
01 'LI- 0.03f") o.Z43Lf Certified Mail
SENDER: e�i6//rte /.� I also wish to receive the
I •Complete dims 1 and/or 2 for additional services.
•Print yax name and eddies the reverse of this form sothat we can rat= card services(for an extra fee):
10 you. 1. iddressee's Address
•Attach this form to the front of the mailpiece,or on the cask if apace does not permit 2. Li Restricted Delivery
is The Return Receipt wit show to whom the article was delivered and the date delivered. Consult postmaster for fee.
' 3.Artiols Addressed to ,- - t
�K .,--1,,:, : 1 4a.Article Number
lingfl*ld Reserve Corp. P 9 6 4 014 3 0 0
r:-,,...-7tfir GSN Deve1 Opmeept Co. , - 4b.Service Type
` >P fie CERTIFIED'''.1; ✓'AA •y Park<Coar► =
'ado it 328: 14331 4 ;�} ,7 :j4K.
rt . _ - ,,. ,,,' _ 7.Date of Delivery
r5YReceived By:(Print Name) 8.Addressee's Address
(ONLY if requested and fee paid.)
6.Signet dress or A )
I PS FORM 3811, January 1996 . Domestic Return-Receipt.. '
•
ARTICLE
.
P 964 014 300
JE— Wingfield Reserve Corp. . NUMBER
c/o GSN Development Co.
-Suite 404
7651-B Ashley Park Court
Orlando, FL 32835-6331
f FOLD AT PERFORATION f , - • WALZ
CERTIFIINSERT IN STANDARD*10 WINDOW ENVELOPE. M A Int E R,. J-
MOOQE C
FORM#48157
3ENCE: —