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VII (A1) First Reading of Ordinance 2000-28, Forest Lake Estates, Annexation Agenda 11-21-2000 Item VII A 1 U.ATER OP F,000 II PING-PRIDE OF WEST ORA Fe I" MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERORIFI °N a o CITY OF OCOEE COMMISSIONERS �.V 0 - DANNY IIOWELL Q 150 N. LAKESHORE DRIVE. p SCOTT ANDERSON c. do a V OCOEE, FLORIDA 34761-2258 RUSTY JOIINSON *? e NANCY I. PARKER 4O! coot,N` MEMORANDUM ELLIS CITMANAGER AP GLIS SHAPIRO DATE: November 10, 2000 TO: The Honorable Mayor and City Commissioners FROM: Kirsten McGinnis, Senior Planner )) THROUGH: Russ Wagner, AICP, Director of Planning Plfra SUBJECT: Forest Lake Estates Annexation (Case Number AR-2000-05-01) Ordinance 2000-28 ISSUE: Should the Mayor and City Commissioners adopt Ordinance 2000-28 approving annexation of the subject property? BACKGROUND: The subject property is located south of Ocoee-Clarcona Road and west of Lauren Beth Avenue (refer to Exhibit "A" of Ordinance 2000-28). The subject property comprises approximately 33.67± acres and contains four existing structures; one single family dwelling unit and three storage sheds. The subject property is proposed to be developed as a single family subdivision, if the annexation is approved. The subject property is designated Low Density Residential (< 4 du/acre) on the City Future Land Use Map and Joint Planning Area Map. The applicant has requested an Ocoee zoning classification of R-1A, Single Family Dwelling District, which would be consistent with the above referenced land use designation. A large portion of the subject property lies within the 100-year floodplain and contains wetlands. The Ocoee Land Development Code does not permit development within the 100-year floodplain. The western boundary of the subject property is adjacent to the Amber Ridge subdivision retention pond which has been subject to flooding in the past. With respect to state annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create an enclave. The requested annexation satisfies the above criteria since it reduces the size of an existing enclave. The subject property is located within the Ocoee-Orange County Joint Planning Area (JPA) and the Ocoee Utility Service Area. Since the property is within the City's Utility Service Area and contiguous to the City limits, the property is being considered for annexation as outlined in the JPA Agreement. We have notified Orange County and they have no objections. Staff finds the annexation consistent with the JPA Agreement, state annexation criteria, and the standards established by the City. OK Page 2 The Honorable Mayor and City Commissioners November 10, 2000 DISCUSSION: The single family subdivision schematic submitted with the application package does not identify access to two smaller parcels to the northwest and the southeast. The applicant needs to provide clarification as to how and where access will be provided to these parcels. Cross access from the subject property to the southeast parcel must be provided. Primary access for the subdivision should be from Clarcona-Ocoee Road with corresponding roadway widening and turn lanes. Secondary access to the subdivision may be provided from Lauren Beth Avenue subject to roadway improvements consistent with City standards. Improvements to Lauren Beth Avenue will be determined prior to subdivision approval. An Annexation Agreement will be required for the dedication of additional right-of-way along Clarcona-Ocoee Road as needed. City water and sewer are available to the subject property via the adjacent subdivisions. The developer must bear all costs associated with the installation and extension of potable water and sanitary sewer lines to the subject property. Staff has completed the attached Annexation Feasibility & Public Facilities Analysis based upon the projected impacts of a single family subdivision. The developer may be required to make additional improvements prior to subdivision approval, as appropriate. DEVELOPMENT REVIEW COMMITTEE: On September 20, 2000, the Development Review Committee met to consider the Forest Lake Estates Annexation request. Staff unanimously recommended approval of the Forest Lake Estates Annexation Petition, Case Number AR-2000-05-01, subject to execution of an Annexation Agreement which identifies access points and right-of-way dedications. PLANNING AND ZONING COMMISSION: On October 10, 2000, the Planning and Zoning Commission held a public hearing to consider the Forest Lake Estates Annexation Petition, Case Number AR-2000-05-01. After discussion of a few general items, the Planning and Zoning Commission unanimously recommended approval of the requested annexation petition. STAFF RECOMMENDATION: Based on the recommendations of the Development Review Committee and the Planning and Zoning Commission, Staff respectfully recommends that the Mayor and City Commissioners adopt Ordinance Number 2000-28 to approve the requested annexation for Forest Lake Estates, Case Number AR-2000-05-01, subject to execution of the attached Annexation Agreement. Attachments: Annexation Feasibility 8 Public Facilities Analysis Ordinance 2000-28 Annexation Agreement O:\CALEXANDERALL_DATA\CAPDFILE\Staff Reports\2000CCSR\SR00083.doc City oiOcoee Annexation and Feasibility Analysis Case Number & Name: AR-2000-05-01 I Forest Lake Estates Date: June 6, 2000 This forms used to evaluate annexation requests to deternyne the feasibility of providing urban services to individual properties. Each deparhnent has filled in the appropriate section and the findings are summa ized bebN. I. PLANNING DEPARTMENT Kirsten McGinnis A. Applicant(s) Forest Lake Estates, Inc. 407.839.6000 x102 71 E. Church Street Orlando, FL 32801 B. Property Location South of Ocoee Clarcona Road and west of Lauren Beth 1. Parcel Identification Number: 05-22-28-0000-00-007 2. Street Address: 10106 Clarcona Road, Ocoee, FL 34671 3. Size of Parcel(s): ± 33.67acres C. Use Characteristics 1. Existing Use: vacant, undeveloped 2. Proposed Use: single family subdivision 3. Density / Intensity: maximum 134 single family dwelling units 4. Projected Population: 402 D. Zoning and Land Use 1. Orange County Future Land Use: R (Rural/Agiculture max. 1 du per 10 acres & Agriculture) 2. Orange County Zoning: A-1 (Citrus Rural District) 3. Existing Ocoee Future Land Use: LD (less than 4 dwelling units per acre 4. Proposed Ocoee Zoning: R-1A Single Family Subdivision E. Consistency 1. Joint Planning Area: Yes 2. Comprehensive Plan: Yes II. FIRE DEPARTMENT Chief Strosnider 1. Estimated Response Time: 3 to 4 minutes 2. Distance to Property: 2.5 miles 3. Fire Flow Requirements: Fire hydrants will be installed per City Code III. POLICE DEPARTMENT Chief Mark 1. Police Patrol Zone: North 2. Estimated Response Time: 3-5 minutes 3. Distance to Property: 2.5 miles 1 City of Ocoee Annexation and Feasibility Analysis Case Number& Name: AR-2000-05-01 I Forest Lake Estates Date: June 6, 2000 IV. FINANCES Kirsten McGinnis 1. Theoretical Assessed Value: $ 94,100 (land only) 2. Estimated City Ad Valorem Taxes: $402,000 (based on 134 du @100K less homestead) 3. Anticipated Licenses & Permits: Per the Building Code and Land Development Code. 4. Potential Impact Fees: To be determined at site plan approval. 5. Total Project Revenues: To be determined at site plan approval. V. BUILDING DEPARTMENT Julian Harper/ Martin Velie 1. Within the 100-year Flood Plain: Yes, per Community Panel Number 120179 0175C VI. UTILITIES Jim Shira A. Potable Water 1. In Ocoee Service Area: Yes 2. Can City Service Area: Yes 3. Extension Needed: Yes 4. Location and Size of Nearest Water Main: 14" and 8"- adjacent subdivisions 5. Annexation Agreement: Yes, developer to install new/extended lines B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. Can City Service Area: Yes 3. Extension Needed: Yes 4. Location and Size of Nearest Force Main: Adjacent subdivision. Gravity and force main nearby. 5. Annexation Agreement: Yes, developer to install new lines and/or lift station C. Other 1. Utility Easement Needed: probably 2. Private Lift Station Needed: possibly 3. Well Protection Area Needed: no VII. TRANSPORTATION Brad Friel 1. Paved Access: Ocoee Clarcona Road 2. Row Dedication: May be required as part of Annexation/ Developer Agreement 3. Traffic Study: May be required when development approval is requested 4. Traffic Zone: 239 2 City of Ocoee Annexation and Feasibility Analysis Case Number & Name: AR-2000-05-01 I Forest Lake Estates Date: June 6, 2000 VIII. PRELIMINARY CONCURRENCY EVALUATION Brad Friel A. Transportation: At the time of the analysis, sufficient roadway capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. B. Parks/ Recreation: At the time of the analysis, sufficient parks and open space capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the subdivision approval process. C. Water/Sewer: At the time of the analysis, sufficient sewer and water capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. D. Stormwater: The applicant will be required to handle stormwater retention on-site. E. Solid Waste: At the time of the analysis, sufficient solid waste disposal capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. F. Impact Fees: It is estimated that the impact fees will be in the range of$9,500 per house. The total impact fees are given for illustrative purposes only and are based on a theoretical 2,000 square foot home valued at $100,000 each. Actual impact fees will be calculated during the subdivision approval process. IX. SITE SPECIFIC ISSUES All Departments None. \\police_firei\planning\kmcginnis\all_data\anx-rez\active\forest lake estates\afr.doc 3 ORDINANCE NO. 2000-28 CASE NO. AR-2000-05-01: FOREST LAKE ESTATES AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 33.67 ACRES LOCATED SOUTH OF OCOEE-CLARCONA ROAD, WEST OF LAUREN BETH AVENUE, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner or owners of certain real property located in unincorporated Orange County, Florida, as hereinafter described, have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex said real property into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said petition bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida; and WHEREAS, notice of the proposed annexation has been published pursuant to the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"); and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement (the "JPA Agreement") which affects the annexation of the real property hereinafter described; and WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with the JPA Agreement, and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City Commission that it approve said annexation petition; and WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the owners of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City of Ocoee, Florida, to include said real property. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section 7 of Article I of the Charter of the City of Ocoee, Florida. SECTION 2. The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. SECTION 3. A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT "A" and by this reference is made a part hereof. SECTION 4. The following described real property (Tax Identification Number 05-22-28- 0000-00-007) located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "B" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 5. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JPA Agreement, and Ocoee City Code. SECTION 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. SECTION 7. The City Clerk is hereby authorized to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. SECTION 8. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. SECTION 9. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any 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. SECTION 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 11. This Ordinance shall take effect upon passage and adoption. Thereafter the City Clerk is hereby directed to file a certified copy of this Ordinance with the clerk of the circuit court and the chief administrative officer of Orange County, Florida and with the Florida Department of State within seven (7) days from the date of adoption. PASSED AND ADOPTED this day of , 2000 ATTEST: APPROVED: CITY OF OCOEE, FLORIDA JEAN GRAFTON, CITY CLERK S. SCOTT VANDERGRIFT, MAYOR (SEAL) ADVERTISED: NOVEMBER 16, 2000 AND NOVEMBER 23, 2000 READ FIRST TIME:NOVEMBER 21, 2000 READ SECOND TIME AND ADOPTED: UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 2000. FOLEY& LARDNER By: City Attorney O\CALEXANDER\ALL_DATA\CAPDFILE\FORMS\2000 FORMS\FORMS00066.doc Exhibit "A" FOREST LAKE ESTATES ANNEXATION o a� ��� U W p�.�■IrV ► I/I�i■ _�—� rrli ,►u n 1 SUE. -_ I !In r-1 110 r uu IN ►I Lake Meado B idI n I I \ i0000a I I L J E*- f , I rirl 1 III ' II L'• \ C, 111�■ 11I11 I ::~� 1 f • . •_ ■ c--.' ! L i III �(llll►►liO: I 1� �4111111Itip .\ I gm , ""V_III� • . _ n 1 1 1 1 I, C---.. .." ■nett : I is\■■�. _ ■11111u1 • :AM111■ — S11/�� 4 ____— — arum WhiNIIIII lib4,I\ .� ..... ..1_,_____ ____,_ .....n. I■11.111■1.1■.1.. ■111■I.IO■1■1.1 I I I I I I I I I 1 1 I'LllIl ■_■�11.11111■ 1■INIIa \1■■. 1■1■.■ - �1.11■ .1111- �1111■� ® ■11111■.1.1111/CI: : Eris MG WINO — . .. _ .. .. —�/111� - I ®■111111111�� ‘umuir,: :: — MI IC arum = ■.111111td:111111111�4 gym• ii: :: = :: :: MI N1.1■ = on ■11111.1.d:_,r lili ib :: ::on 1°6' = 1: :: :Ir■■11■ - AI ImumumOcoee LEGEND N p`` 4:,;;,,tki N CITY LIMITS a CITY PROPERTY NI.J:; ` Wesr E °. . ,f* `�,� �� SUBJECT PROPERTY / op G00. COUNTY PROPERTY S EXHIBIT "R" SKETCH OF DESCRIPTION LAND DESCRIPTION FOREST LAKE RESERVE A PORTION OF THE SOUTHEAST 10 OF THE SOUTHEAST 114 OF SECTION 5.TOWNSHIP 22 SOUTH. RANGE 25 EAST,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 5.TOWNSHIP 22 SOUTH,RANGE 28 EAST; THENCE S 82'55'08"W ALONG THE SOUTH LINE OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF SAID SECTION 5,A DISTANCE OF 47000 FEET TO THE POINT OF BEGINNING;THENCE CONTINUES 81 ' 5508"W ALONG SAID LINE.822.08 FEET:THENCE N 00121'S8'E ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST iP OF SAID SECTION 5.A DISTANCE OF 709.49 FEET:THENCE N 09"5T'151 E,295.11 FEET:THENCE N 00'21'56"E.295.17 FEET;THENCE S 09'5715'W.295.17 FEET; THENCE N 00'21'56"E ALONG THE WEST LINE OF THE SOUTHEAST 114 OF THE SOUTHEAST 11E OF SAID SECTION 5,A DISTANCE OF 265.01 FEET;THENCE N 09'57'15"E ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 5.A DISTANCE OF 130640 FEET;THENCE S 0005'01'W ALONG A LINE 30.00 FEET WEST OF AND PARALLEL WITH HE L E EAST 85 LIINE NE OF THE THENCE 582 SOUTHEAST 114 OF THE SOUTHEAST 114 OF SAID SECTION 5,A 55'O4"W.43190 FEET;THENCE S 00.05114'W.470.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY.FLORIDA CONTAINING 33.074 ACRES MORE OR LESS. • ,CAY 26 MOD CI OFf COEE LEGEND'. ca. 011011.POLE Raw PSLPRANCE 44.4 Imo ° e D S,M `�we BUSINESS 45 PLAT near A DENOTES DELTA ANOLC HOB. POINT or toorimsc orNorrs ARC LENGTH poor or INTEASECPON • PI 50•Nr or TANGENCY BEARING row or CIAVAIIIIIE __.. `x} a"n CE Haar rENCC A/C WALL SHEET 1 OF 2 SHEETS I xwnlrWIGAL Loos PONT ORLI OVERHEAD won DNE PATH. 9.\PRWSER ARR\ASR27758.OW0 I. TMS IS NOT A 0OUNDARY SURVEY. 2. INCSHOWN HASRENOT EASEMENTS, ME �— LAN OR HEREON FOR E E fl1611T OF WAYS. OR RESTICOONS OF RECORD VMICX HAY AFFECT WE THE OR USE OF ME LWD. \ ` 1 1 DIE IIEAENST UNE HEREOND AREBASED ON -1=`- =1r =1 EAST OxE OF ESE 1/4 Of ESE 1/4 OF SECRCN 5422/25. AN ASSURED DATUM. -1 (TIELO OAIE;) REMSED: v'AI -200 FEET .. , _.. .,` ..._........ euocvmuc „ "PM"C I „ e" SKETCH OF DESCRIPTION I I FOREST LAKE RESERVE I I I 'j CLARCONA-OCOEE ROAD I N 89'57'15" E 1304.40' ' N 4 v I/4 Cf 3 1/4I !1 0 • N N O 0 T 35' INLRE55/EGRESS EASEMENT (OR 5062, PAGE 2751) I S 89'S .17 ' WW ro .4I -- - 295.17 a ._i w NOT in,- � � h INCLUDED o N I', Y o N 89'57'15" Ez - I" W 795.17' ta� 'wl-0 klgt a s ry' " 1 I w D 0 A Isl Z 0 , N _I E , S 87'ss'08" W 439.98' 1 1 H 1- t l,I o 1 Iz lli In z a NOT 1 1 3 INCLUDED Q N 0 0 J - / P.O.B. y�\ 0 0 0 C] S 137'55'08'j W 1 1 87/.oa' 1 I5^35 I OG HEIGHTS I OI 1R LOT 1/LOT Ro! SLOT 9:Loi sio00EE WOODS LOT IILoi 2Lor ]Lor 4LOr �LDY 1I LOri alor ]LOT eLOT SLOT IILOr 2Eor ] r-- SHARI ESTATES JESSICA MANOR I (PB 10. PAGE 99) II(P9 10,OEE PALE 114) (PS ID, PAGE 99) 1 (PB ID. PAGE 97) I P.O.C. I1NN LAKE FOREST gem*.s-m-oe (PO ID, PAGE 96) 3E[CANER WC SHEET 2 OF 2 SHEETS An I: D-.\PNOJSERV\It N\ASMzn66 DWG i Ws IS NOT A BOUHAS NOTY SURVEY. SURVEYOR). PIE YJNVEY ABSTRACTED TIE _ OFSHOWN RESTRI ION EOFERECTR. WONT =� WAYS. OR FIESITICTFOR OF RECORD NHIW MAY ArtECT ME TITLE OR USE OF THE LWD. 1 1 1 Ut EAST UNESHOWN HEREON ARE BASED SE lin OF THE ON = f • ''\ A A Cr cum 5/22/25. AN OF E ASSUMED DATUM, 1/4 OF — N I11.0 BRIE.) REMSEO.rw5 n tT�: 'y•3W FEET u n N All INMII BY. LMERICAN SURVEYING & MAPPING I /e/ Q— PREPARED BY: Martha H. Formella,Esq. FOLEY&LARDNER 111 North Orange Avenue,Suite 1800 Post Office Box 2193 Orlando,FL 32802-2193 (407)423-7656 RETURN TO: Jean Grafton,City Clerk CITY OF OCOEE 150 N. Lakeshore Drive For Recording Purposes Only Ocoee,FL 34761 (407)656-2322 Case No. AR-2000-05-01: Forest Lake Estates ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT ("this Agreement") is made and entered into as of the day of , by and between MARY E. KERR WOODLEY, whose mailing address is 940 Fairway Drive #20369, Jasper, Georgia 30143 (hereinafter referred to as the "Owner") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, the Owner owns fee simple title to certain lands located in Orange County, Florida, said lands being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof(the "Property"); and WHEREAS, pursuant to Section 171.044, Florida Statutes, the Owner has petitioned the City Commission of the City, (the "Ocoee City Commission") to voluntarily annex the Property into the corporate limits of the City (the "Petition"); and WHEREAS, the Planning and Zoning Commission has held a public hearing to review the Petition and at such hearing found the annexation of the Property to be consistent with the Ocoee Comprehensive Plan, including the Future Land Use Map, and the Joint Planning Area Agreement and has recommended that the Ocoee City Commission annex the Property into the corporate limits of the City; and WHEREAS, the City has required that the Owner execute this Agreement as a condition precedent to the consideration of the Petition by the Ocoee City Commission; and 006.198020.2 WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and found the proposed annexation to be consistent with the Ocoee Comprehensive Plan and the Joint Planning Area Agreement and to represent a minimal fiscal and level of service impact on the City, with the exception of adequate right-of-way along Clarcona-Ocoee Road located adjacent to the Property, turn lane improvements, and access; and WHEREAS, the City has determined that the execution of this Agreement is essential to the public health, safety, and welfare and the ability of the City to plan for necessary infrastructure improvements and the provision of municipal services to the Property in accordance with the Ocoee Comprehensive Plan; and WHEREAS, the City has determined that, subject to terms, conditions, and limitations hereinafter set forth, it is feasible to extend municipal services to the Property on the same terms and conditions afforded to all property owners within the City except to the extent set forth in this Agreement; and WHEREAS, the City has conducted an Annexation Feasibility and Public Facilities Analysis with respect to the annexation of the Property and determined that this Agreement and the annexation of the Property is consistent with the goals, objectives, and policies of the Ocoee Comprehensive Plan. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. Section 2. Conveyance of Right-of-Way. Within sixty (60) days following receipt of written notice from the City requesting the same, but in no event later than the date of approval of a final site plan or plat for all or a portion of the Property, the Owner shall dedicate and convey to the City a strip of the Property twenty (20) feet in width lying adjacent and contiguous to, and along the entire length of the Property's frontage on the existing right- of-way for Clarcona-Ocoee Road (the "Right-of-Way Property"). The Right-of-Way Property shall be dedicated and conveyed by the Owner to the City by warranty deed free and clear of all liens and encumbrances except for those matters acceptable to the City. The form of the warranty deed shall be subject to the approval of the City. The Owner shall, contemporaneously with the dedication and conveyance of the Right-of-Way Property to the City, provide to the City, a current attorney's opinion of title, or a current title commitment, to be followed by a policy of title insurance, evidencing that fee simple title to the Right-of-Way Property is free and clear of all liens and encumbrances except for those matters acceptable to the City. The costs and expenses related to the conveyance and dedication of the Right-of-Way Property, including the cost of title work, shall be borne solely by the Owner. Real property taxes on the Right-of-Way Property shall be prorated as of the day before the City's acceptance of the dedication and conveyance of the same, and the prorated amount of such real property 006.198020.2 o:\calexander\all data\capdfile\forms\2000 forms\forms00062.doc taxes attributable to the Owner shall be paid and escrowed by the Owner in accordance with the provisions of Section 196.295, Florida Statutes. Neither the Owner nor any other person or entity shall be entitled to any road impact fee credits or other compensation of any kind for, on account of, or with respect to the required dedication and conveyance of the Right-of-Way Property to the City. Section 3. Turn Lane Improvement. As part of the Initial Subdivision Improvements, the Owner shall design, engineer, permit, and construct a left turn lane into the Property from westbound Clarcona-Ocoee Road ("Turn Lane Improvement") subject to the review and approval of the City and other governmental entities having jurisdiction with respect thereto. The costs and expenses related to the Turn Lane Improvement shall be borne solely by the Owner. Neither the Owner nor any other person or entity shall be entitled to road impact fee credits or other compensation of any kind for, on account of, or with respect to the Turn Lane Improvement. Section 4. Access. Primary access to the Property shall be from Clarcona-Ocoee Road. Prior the Pre-construction Conference for the subdivision, the Owner shall pay to the City fifty percent (50%) of the cost of improving the portion of Lauren Beth Avenue adjacent to the Property to applicable governmental standards for a two lane local roadway. The foregoing cost shall be as estimated by the City Engineer at the time of the payment. Neither the Owner nor any other person or entity shall be entitled to road impact fee credits or other compensation of any kind for, on account of, or with respect to the payment of the foregoing cost of the improvements to Lauren Beth Avenue. Section 5. Notice. Any notice delivered with respect to this Agreement shall be in writing and be deemed to be delivered (whether or not actually received) when (1) hand delivered to the other party at the address appearing on the first page of this Agreement, or (ii) when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address appearing on the first page of this Agreement, or such other person or address as the party shall have specified by written notice to the other party delivered in accordance herewith. Section 6. Covenant Running with the Land. This Agreement shall run with the Property and inure to and be for the benefit of the parties hereto and their respective successors and assigns and any person, firm, corporation, or entity who may become the successor in interest to the Property or any portion thereof. Section 7. Recordation of Agreement. The parties hereto agree that an executed original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public Records of Orange County, Florida. The City will, from time to time upon request of the Owner, execute and deliver letters affirming the status of this Agreement. Section 8. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 006.198020.2 o:\calexander\all data\capdfile\forms\2000 forms\forms00062.doc Section 9. Time of the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. Section 10. Agreement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and 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 11. Further Documentation. The parties agree that at any time following a request therefor by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. Section 12. Specific Performance. Both the City and the Owner shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. Section 13. Attorneys' Fees. In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, legal assistants' fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. Section 14. Counterparts. 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 constitute one and the same instrument. Section 15. Captions. Captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. Section 16. Severability. If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any 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 hereof. Section 17. Effective Date. The Effective Date of this Agreement shall be the day and year first above written. 006.198020.2 o:\calexander\all data\capdfile\forms\2000 forms\forms00062.doc IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be executed as of the day and year first above written. Signed, sealed, and delivered in the OWNER: presence of: //////� ��' . .. r, -r(17, r l� ltin"'"'�' I siivl-//t'-6At �/ /7) Mary E. Kerr Woodley Printedp Name: . A./?3 EC/(JCIQr1 UUU A4- Printed(�.C.CL4� Cc iL,Name: 3J e/ (4— -80 i - A • STATE OF ./Steen 1". cc: COUNTY OF -�.kenN I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Mary E. Kerr Woodley, who [ i/ ] is personally known to me or [ ] produced as identification, and that she acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this lr +h day of 71 ct,Gn'rt9J ,a-c 00. ? -cc' flz,LLe a ra-,✓ Signature of Notary C AAHi e i It Lot a-h Name of Notary (Typ8, Printed, or Stamped) Commission Number 6f not legible on seal): My Commission Expires(II not legible on sealN➢COMMISSION EXPIRES S&L.N,?gl 006.198020.2 o:calexander\all data\capdfile\forms\2000 forms\forms00062.doc CITY: Signed, sealed, and delivered in the CITY OF OCOEE,FLORIDA presence of: By: S. Scott Vandergrift,Mayor Printed Name: Attest: Jean Grafton, City Clerk (SEAL) Printed Name: FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD Approved as to form and legality this ON UNDER AGENDA ITEM day of NO. FOLEY & LARDNER By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. Scott Vandergrift and Jean Grafton, personally known to me to be the Mayor and City Clerk, respectively, of the City of Ocoee, Florida and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of Signature of Notary Name of Notary (Typed, Printed, or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): 006.198020.2 o•ccalexander\all datatcapdfile\forms\2000 formsvorms00062.doc SKETCH OF DESCRIPTION LAND DESCRIPTION FOREST LAKE RESERVE A PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 114 OF SECTION 5,TOWNSHIP 22.SOUTH, RANGE 23 EAST,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHEAST CORNER OF SECTION 5,TOWNSHIP 22 SOUTH.RANGE 20 EAST; THENCE S or 55'08"W ALONG-THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 5,A DISTANCE OF 470 00 FEET TO THE POINT OF BEGINNING;THENCE CONTINUE S 07 ' 55408'W ALONG SAID LINE,872.08 FEET;THENCE N 00 21'58"E ALONG THE WEST LINE OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF SAID SECTION 5,A DISTANCE OF 189d9 FEET;THENCE N 5'E.295.17 FEET;THENCE N 00'21'56"E.295]7 FEET;THENCE S 89'5715"W.295.17 FEET: THENCE N 00'21.56'E ALONG THE WEST LINE OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SAID SECTION 5,A DISTANCE OF 28501 FEET;THENCE N 89'5715"E ALONG THE NORTH LINE OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF SAID SECTION 5.A DISTANCE OF 1304.40 FEET,THENCE 9 OCT 5'04"W ALONG A LINE 30.00 FEET WEST OF AND PARALLEL WITH TIIE EAST LINE OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF SAID SECTION 5,A DISTANCE OF 85103 FEET;THENCE S 02 •550W'W,433.90 FEET;THENCE 9 00'05'04"W,470.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY,FLORIDA CONTAINING 33.674 ACHES MORE OR LESS. fp. LEGEND: d °Bun Rxr OOD INSURANCE RA lif R Too, 05„Bo ODENO ILS A i10'n'IRON RW SixO n0 ION BOON I POINT Di IANRNCY C(T)1 D OEARxO Pc PONT OF curivniunr ANEO M um O NmOLco" OVERAIN WALL SHEET 1 OF 2 SHEETS I'Alll 0 5PROJSFRV\fl RVCM22185.0W0 THIS IS NOT A BOUNDARY SURVEY. 2 ➢IE SURVEYOR HAS NOT ABSDUCIFO NIE LAND SIONN HEREON FOR EASEMENTS, RIGHT /// of WAYS, OR RESIRICRO S Of RECORD MICA =I wY AFFECT 111E 1111E OR USE Of 111E LAND. \\ 1 IRNI(AST LINE H ERED ARE BASED ON (1:1—I'I E EAST LINE OF IRE SE I E 55 I/4 OF C Ot /22/ AN ASSUMED DATUM ._}.._ 1 IrLD ITh"'I RE SE LAMERICAN SURVEYING & MAPPING ,�. 1 diimicmicti EAST EI o I� � .a x Mn6D STREET SUITE - CRLAANM am 5A B0 -..,_ �-�- - SKETCH OF DESCRIPTION I FORLST LAKE RLSERVL • / • CLARCONA=OCOEE ROAD- .i N 89'57'15" E 1304.40' ' 0 - To— JI 0 N J) 0 N 0 n _L— — 25I INGRESS/EGRESS EASEMENT (OR 5842. PAGE 2751) O 1 I In S 89'5715 WI VI 295.17 III SI. NOT INCLUDED FI iO 7 7I 00N -. .@Y• L4 i N 89'57'15" Ez c 295.1T 3 n sl a ON P ^, g I °i ,R . -I a S 87'55'08" W 439.98' -I I T b IIIr q 0 II , Z in NOT ry s ' 3 INCLUDED I I I D 0 I O II J / P.O.©. In / po III 0 S UNE OF SE Ii.n SE v. _`^_ S RTema. "e°° _�_ S B7'5 '0 i'1 W 1 87208' I I 1 ' I-__-I--_I___,I1I-- ____ Ocoee WOODS I OCOEE HEIGHTS IGl 40 LW L0l Lor 2eor 3 LOT •LOT dLor SLOT. 91m Aeor moor Dear dL0r 240r3 r-- s3 0 PACEESTATES J031.0. ACE 97) (PH OE WOE s9) (ra lO. PAGE Ila) (PO PAGE 98) I JESSIC PAGE P.O.C. `Iwlry I IPAGEORES 36r SECTION o-n-SR (PS I0, 96) SHEET 2 OF 2 SHEETS 0-.\P ROJSE Rv\hRU5M 27765➢WG RS'EY. u5 IS MAEYOR HAS NOTSE ABSTRACTED THE ;� HEREON ECR EASEMENTS RIGHT m. MAWYS OR s1R Ms 0 RECORD N1 u AFFECT WE TITLE on USE OF THE LAND. N. 7 MEAST Gs/2r' FNE stun 5/22/ER. km MEETME=E f D DATLBA. ( :,_�—it�_�r1 - — ( AMERICAN SURVEYING & MAPPING I / T—s. CEEIICARRH OFAURwinnw NuueEe Ec e .14111 �" _ -- aw EAST SOUR STREET SU1E ISO rnwolUxDro rmRbn ran_T m BRIT rT A MOSCO r3, PSM #5011 DATE