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VII (A1 a&b) First Reading of Ordinance: Adair Pointe Subdivision; Ordinance No. 2003-26 Annexation & Ordinance No. 2003-27 Initial Zoning Agenda 8-05-2003 enter of Good Li Item VII A 1 a&b ll nmm�.iunrr� kIIoir Seni Holm I lo‘‘vll. I likl riot I S l II A Indornakli '4 e 2y 0 - Iu1vtla l Aohllr on. lsatoloci 4nnPd t I \ I ihn nn. I)isn'u9 i kiln f o:Hon c � / c N nrX 1 Porker. Drorivi I STAFF REPORT DATE: July 23, 2003 TO: Honorable Mayor and City Commissioners FROM: Thomas Grimms, AICP, Senior Planner THROUGH: Russ Wagner, AICP, Community Development Director SUBJECT: Adair Pointe—Annexation & Initial Zoning (Case #AR-02-10-07) Ordinance 2003-26 (Annexation) Ordinance 2003-27 (Initial Zoning) ANNEXATION: ISSUE: Should the Mayor and City Commissioners adopt Ordinance 2003-26 annexing the above referenced property? BACKGROUND: The Adair Pointe property includes about 3.52 acres located within a County enclave. The property is located on the east side of Adair Street approximately 1,400 feet north of Wurst Road, between Vignetti Park and Sorenson Field. (See attached Location Map.) The subject property, Parcel ID 08-22-28-0000-00-042, is currently undeveloped and is covered with trees. 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. The subject property is located within the Ocoee-Orange County Joint Planning Area (JPA). Since the property is contiguous to the City limits, the property is being considered for annexation as outlined in the JPA Agreement. We have notified Orange County Planning Staff of the Annexation Petition. At the time of the writing of this report, there were no responses. The requested annexation is consistent with the JPA Agreement, state annexation criteria, and the standards established by the City. DISCUSSION: Staff has determined that the City can adequately provide the typical range of urban services to the subject property. Concurrently with this annexation application, an Annexation Agreement and a Preliminary Subdivision Plan for the property have been prepared. Along with the usual utility improvements, the documents indicate that the property owner will provide additional road right-of-way for Adair Street. When the City Commission holds public hearings for the proposed annexation and initial zoning for the property, a public hearing will also be held for the Preliminary Subdivision Plan. (1tc of Ucoce • I i0 N Lakeshore IJm c• Ococe. Florida 4 z61 phone i dll i i 90>-3100• fa c D Iu7)056-S3l4 • "W e.ci.ococe 11 us July 23, 2003 City Commission Page 2 A memo from the City Attorney Office, dated June 13, 2003, (copy attached) addressed the need for three legal documents related to this annexation: 1) a Quit-Claim Deed, 2) a Warranty Deed, and 3) the Annexation Agreement. Due to the inadvertent, improper conveyance of the property from the property owner (Franken Properties, JV) to the City, the City now must use a Quit-Claim Deed to convey the property back to the property owner. The Warranty Deed will be used to dedicate 25 feet of road right-of-way along Adair Street to the City for future road widening. The Annexation Agreement for consideration by the City details the conveyance to the City a 25-foot wide strip of frontage along the existing right-of-way of Adair Street and the documents the owner must provide concurrently with the conveyance. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The proposed annexation of the Adair Pointe property was reviewed by the Development Review Committee (DRC) on June 23, 2003. When the discussion was finished, the Committee voted unanimously to recommend approval of the proposed annexation. NOTE: The few issues related to legal documents that needed to be finalized and a sidewalk shown on the plan were resolved. INITIAL ZONING: ISSUE: Should the Mayor and City Commissioners approve Ordinance 2003-27 adopting an Initial Zoning designation of R-1 "Single-Family Dwelling District" for the 3.52 acres ? DISCUSSION: The Applicant wishes to develop a single-family residential subdivision and requests a zoning designation of R-1 "Single-Family Dwelling District". Except for the approximately equal size lots adjacent to the north and to the south of the subject property that are zoned R-3 and R-2 respectively, the surrounding area is zoned R-1, as shown on the Surrounding Zoning Map attached. The proposed R-1 zoning is consistent with the County's and City's Future Land Use designation of Low-Density Residential, as shown on the Surrounding Future Land Use Map attached. The proposed R-1 initial zoning is consistent with the surrounding character of development. PLANNING AND ZONING COMMISSION RECOMMENDATION: The proposed annexation of the Adair Pointe property was reviewed by the Planning and Zoning Commission on July 8, 2003. There was a discussion of how the residents of the subdivision will have access to Sorensen Field, the adjacent City owned recreation facility. The few issues related to legal documents that needed to be finalized were resolved prior to the meeting. When the discussion was finished, the Planning and Zoning Commission voted unanimously to recommend approval of the proposed annexation and Initial Zoning of R-1 "Single-Family Dwelling District". July 23, 2003 City Commission Page 3 STAFF RECOMMENDATION: Based on the recommendations of the DRC and the Planning and Zoning Commission, Staff respectfully recommends that the Mayor and City Commissioners take the following actions related to the Adair Pointe Property Annexation and Initial Zoning (Project#AR-02-10-07): 1. Approve the proposed annexation of the property by adopting Ordinance 2003-26; 2. Approve an initial zoning of R-1 for the property and adopt Ordinance 2003-27; Authorize the Mayor and City Clerk to execute the Quit Claim Deed to convey the right-of-way property back to the owner; 3. Approve the Annexation Agreement, subject to the owner executing the Annexation Agreement and the Warranty Deed conveying the 25 feet of additional road right-of- way to the City. Attachments: Location Map Surrounding Zoning Map Surrounding Future Land Use Map Annexation Feasibility Report City Attorney Memo dated June 13,2003 Ordinance 2003•26 (Annexation) Ordinance 2003-27 (Initial Zoning) Annexation Agreement executed by the Applicant O':Stalf Reports\2003\SR03065 CC.doc City of Ocoee Annexation and Feasibility Analysis Name & Case Number: Adair Pointe/AR-02.10.07 This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual properties. Each department has filled in the appropriate section and the findings are summarized below. This analysis for Adair Pointe was completed on 11/11/02. I. PLANNING DEPARTMENT Thomas Grimms, AICP A. Applicant/Owner 1. Applicant: Munian Developments, Inc. 7421 Clarcona-Ocoee Road Orlando, FL 32818 2. Owner: J. Chris Howard Builders, Inc. 309 Richard Place Orlando, FL 32806 B. Property Location 1. General Location: In the area of Vignetti Park and Sorensen Field. On the east side of Adair Street at the intersection of Adair Street& Northern Durango Avenue. 2. Parcel Identification Number: 08-22-28-0000-00-042 3. Street Address: 1813 Adair Street 4. Size of Parcel: Approximately 3.52 acres C. Use Characteristics 1. Existing Use: Vacant (wooded) 2. Proposed Use: Single-family Residential 3. Density/Intensity: Less than 4 dwelling units per acre 4. Projected Population: Approximately 37 people D. Zoning and Land Use 1. Orange County Future Land Use: Low Density Residential— less than 4 DU per acre 2. Orange County Zoning: A-1 "Citrus Rural District" 3. Ocoee Future Land Use: Low Density Residential— less than 4 DU per acre 4. Proposed Ocoee Zoning: R-1 "Single-family Dwelling District" E. Consistency 1. Joint Planning Area: Yes 2. Comprehensive Plan: Yes Page 1 of 4 City of Ocoee Annexation and Feasibility Analysis Name & Case Number: Adair Pointe/AR-02-10-07 II. FIRE DEPARTMENT Chief Ron Strosnider 1. Estimated Response Time: 2-3 Minutes 2. Distance to Property: 1.6 Miles to Fire Station #1 3. Fire Flow Requirements: Fire hydrants will be installed per City Code (330' spacing). III. POLICE DEPARTMENT Chief Steve Goclon 1. Police Patrol Zone/Grid/Area: Zone 1/ 52/Twin Lake Forrest 2. Estimated Response Time: 2 minutes (average) 3. Distance to Property: 2.3 miles 4. Average Travel Time 2 minutes IV. ECONOMIC VALUE Thomas Grimms, AICP 1. Property Appraiser Taxable Value: $ 52,068 2. Property Appraiser Just Value $ 52,068 3. Estimated City Ad Valorem Taxes: N/A 4. Anticipated Licenses & Permits: Unknown at this time 5. Potential Impact Fees: N/A 6. Total Project Revenues: Unknown at this time V. BUILDING DEPARTMENT Thomas Grimms, AICP 1. Within the 100-year Flood Plain: No. In Zone X (areas determined to be outside 500- year floodplain) per FEMA Map # 12095CO210 E (12/6/00). VI. UTILITIES Richard Lee, P.E. A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: No 4. Location and Size of There is a 10-inch line running along the west side of Nearest Water Main: Adair Street. B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: No 4. Location and Size of There is an 8-inch line running in the middle of Adair Nearest Force Main: Street and a 6-inch force main just to the east of the property. They will not have to tap into the force main. 5. Annexation Agreement Needed: No Page 2 of 4 City of Ocoee Annexation and Feasibility Analysis Name & Case Number: Adair Pointe/AR-02-10-07 C. Other 1. Utility Easement Needed: No 2. Private Lift Station Needed: No 3. Well Protection Area Needed: No VII. TRANSPORTATION Thomas Grimms, AICP 1. Paved Access: Yes 2. Row Dedication: Yes; convey western 25' along Adair Street 3. Traffic Study: No 4. Traffic Zone: 562 VIII. PRELIMINARY CONCURRENCY EVALUATION Thomas Grimms, AICP 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. The 2001 total daily capacity of Adair Street is 9,200 trips and the daily traffic volume is 3,121, operating at 34/ capacity. Safety and operational improvements on Adair Street are included in the 2020 Master Plan, and the peak hour peak directional Level of Service is projected to improve from level C in 1997 to level B in 2020. B. Parks & The subject property is located in Neighborhood Service Area 5, which is well Recreation: served by existing parks. The subject property is situated between Vignetti Park and Sorenson Field, and approximately 1 mile west of Beech Recreation Center. C. Water/Sewer: At the time of this analysis, the City of Ocoee has sufficient sewer and water capacity to provide water and sewer service. 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 on-site, per City Code and St. Johns River Water Management regulations. E. Solid Waste: At the time of this analysis, the City has 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: Actual impact fees will be calculated during the site plan approval process. Page 3 of 4 City of Ocoee Annexation and Feasibility Analysis Name & Case Number: Adair Pointe/AR-02-10-07 IX. SITE SPECIFIC ISSUES All Departments None. X. CONSISTENCY WITH STATE REGULATIONS: Thomas Grimms, AICP • This is a voluntary annexation. The property is contiguous to the City boundaries and reasonably compact, per 171.044 Florida Statutes. Page 4 of 4 FOLEY : LARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377-0617 TO: Carolyn Alexander, Development Review Coordinator FROM: Scott A. Cookson, Esq., Assistant City Attorney DATE: June 13, 2003 RE: Adair Pointe Subdivision—Preliminary Subdivision Plan (Project No. LS-02-008) (Fourth Round Comments) In connection with the above-referenced project, we have reviewed the following documents: 1. Preliminary Subdivision Plan for Adair Pointe prepared by Pecht Evans Engineering, Inc. stamped received by the City of Ocoee on May 2, 2003 (the "Plan'); 2. Boundary and Topographic Survey prepared by Swaggerty Land Surveying, Inc. dated August 27, 2002 and stamped received by the City of Ocoee on May 2, 2003; 3. Commitment for Title Insurance issued by Ticor Title Insurance for the property to be conveyed to the City (the "ROW Property") with an Effective Date of May 2, 2003 (the "Title Commitment"); 4. Sketch and Descriptions for Plat Boundary and Road Right-of-Way prepared by Swaggerty Land Surveying, Inc. dated December 6, 2002 and stamped received by the City of Ocoee on May 2,2003; and 5. Response letter from Pecht Evans Engineering, Inc. dated May 1, 2003. This Memorandum supercedes our prior memoranda dated of November 14, 2002, January 17, 2003 and March 20, 2003. Based on our review of the documents noted above and pursuant to the Land Development Code,we have the following comments: 1. Attached please find the following documents which have been prepared to correct the improper conveyance of the subdivision property to the City: 006.297959. a) Quit-Claim Deed from the City to Franken Properties, JV conveying back to Franken Properties, IV the property originally conveyed to the City (the "Q.C. Deed"); b) Warranty Deed from Franken Properties, IV conveying the ROW Property to the City (the"ROW Deed"); and c) Annexation Agreement detailing the agreement regarding the conveyance of the ROW Property. Please have the ROW Deed and the Annexation Agreement executed and delivered to me to be held in escrow pending the City Commission meeting where the project will be considered for approval. Assuming the project is approved, following approval we will cause that the City execute the Q.C. Deed and record the Q.C. Deed, Annexation Agreement and ROW Deed among the Public Records of Orange County. Once we receive the recorded documents back from recording, we will forward copies of the Q.C. Deed and the ROW Deed to attorney Thomas H. Warlick for issuance of the Title Policy to the City consistent with the Title Commitment. 2. Please be advised that we will contact the tax assessor's office regarding the amount needed for the escrow of the 2003 prorated real estate taxes on the ROW Property pursuant to Section 196.295, Florida Statutes. Prior to recording the documents, we will need to receive a check from the developer for the escrow amount. 3. Please confirm that there are no mortgage holders on the subdivision property that would need to consent to the Annexation Agreement. Please do not hesitate to contact us should you have any questions. cc: Paul E. Rosenthal, Esq., City Attorney Edward A. Storey, Esq., Assistant City Attorney -2- GC629 r59. Location Map Adair Pointe Annexation, Initial Zoning and Preliminary Subdivision Plan mm I I , I In imiiiilll lulu IIIIII ,iijii_s I 1 ■gamy III.jlaiti : .. _ h ■■■■N Ii: :: - . _ . i■■I■■■■ a „ '1a1r111rn rrrrrs�Y2■ ' mail ' align Int ter. AliT: r i17i11a - puns`� il imiesu .i�./pii `am /' 1 I .. .. ■. .. 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General Industriali • ____ , Willi �■ �„■,,,` I ,, ....... .,l PUD-Low DensityResidential :i 111111 ,lliili i PUD-Medium Density Residential �� 1 -- �NI^rT .1 /�� EN PUD-High Density Residential ;; :!iiiii�llIlI .,,,,,, .... I . -II .,,■„■.. ,. ... .- i n ■non EN PUD-Commercial .1 Nowlin in Lakes and Water Bodies Gi iiiiiiG!iiiiiil 111 maim MI MIIIII••IIIIMII Unclassified !I •lI!!iicu!iiir if!! ' I ME MEM ikt ii iiiiiini mii!�.-.ttt�t,12wil { i El —: mu MM. . ,,a.&a._ ,P/ Adair Pointe--Case # AR-02-10-08 Surrounding Future Land Use Map \4 OR T T I T �� 0 � 'l11� IT� 1 1 1�1�• \ . . J iitilifl Ocoee Community Development - ' 1 I L Department - . ■■ ■ I III1P Scale: 1 inch =600 feet ' WWII • 0 300 600 900 1200 Feet —,--4 -- - — -- ill MI N 11 MI Illi, Printed: July2003 -'l' 4 . ,,`4OrIrNl ■■ ■ . I •■ LEGEND T1791 .. ■ Subject Property •.: IINI == i..l l 'WAN Territory ` . �� ■■� if ill and Other Muncipalities Future Land Use Classification: iiNWiN• . hlelrii Duici Av Medium Density Residential Y — iui,i ■ High Density Residential Prod ��= III Professional Offices and Services ` . 1— _ •• •• Non ■ Commercial =II �;; • • • • Light Industrial �!! i SEI�� MIN MN MIMI ■ .�� NM mom MEN ■ ® Heavy Industrial , • ,�� Wt mini imam 6 ■� �■ .... •� I._ Conservation/Floodplains } �� J— III■ M� MIN r �� Mum -- Recreation and Open Space i Lit t{ [ j i 1 •j `.�...,. == == _ A �■ um Public Facilities/Institutional Funs= m. Imo ,: := Lakes and Water Bodies .. r 1 1 IIIM[,rrAd. •�i��t� ORDINANCE NO. 2003-26 TAX PARCEL Ill#08-22-28-0900-00-042 CASE NO.AR-02-10.07: Adair Pointe Annexation Ordinance AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 3.52 ACRES LOCATED APPROXIMATELY 1,400 FEET NORTH OF WURST ROAD ON THE EAST SIDE OF ADAIR STREET PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; REPEALING CONFLICTING ORDINANCES; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; 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 approximately 3.52 acres of property as more particularly described in Exhibit"A" hereto, 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 as subsequently amended (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 006.299653. 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. Authority. 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 1 of the Charter of the City of Ocoee,Florida. Section 2. Petition. 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. Annexation. The following described real property located in unincorporated Orange County, Florida is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT`B" and by this reference is made a part hereof. Section 4. Consistency Finding. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the SPA Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the WA Agreement, and the Ocoee City Code. Section 5. Corporate Limits. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 6. Official Maps. The City Clerk is hereby authorized and directed to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. Section 7. Liability. 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. -2- 006.299653. Section S. Conflicting Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. Severability. 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. Effective Date. 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. -3- 006.299653. PASSED AND ADOPTED this day of ,2003. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY ADVERTISED AND THE CITY OF OCOEE, FLORIDA READ FIRST TIME , 2003. APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED LEGALITY THIS DAY OF , UNDER , 2003 AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney -4- 006.299653. EXHIBIT "A" Legal Description of Annexed Property COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST '/a OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN S.00°56'08"E. ALONG THE WEST LINE OF SAID NORTHEAST ''/a, A DISTANCE OF 1233.04 FEET TO THE NORTH LINE OF THE SOUTHWEST '/a OF THE NORTHEAST 'A OF SAID SECTION 8; THENCE RUN N.89°33'16"E. ALONG SAID NORTH LINE 25.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.89°33'16"E. AND ALONG SAID NORTH LINE 565.40 FEET TO THE EAST LINE OF THE WEST 590.4 FEET OF THE SOUTHWEST '/a OF THE NORTHEAST '/a OF SAID SECTION 8; THENCE RUN S.00°56'08"E. ALONG SAID EAST LINE, A DISTANCE OF 295.20 FEET; THENCE RUN S.89°33'16"W. 363.30 FEET; THENCE RUN N.00°56'08"W. 91.70 FEET; THENCE RUN S.89°33'16"W. 202.10 FEET TO A POINT LYING 25.00 FEET EAST OF THE AFORESAID WEST LINE OF THE NORTHEAST '/a OF SECTION 8; THENCE RUN N.00°56'08"W. PARALLEL WITII SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST '/a OF THE NORTHEAST '/a OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN N.89°33'16"E. ALONG THE NORTH LINE OF SAID SOUTHWEST '/a OF THE NORTHEAST '% OF SECTION 8, A DISTANCE OF 25.00 FEET; THENCE RUN S.00°56'08"E. PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST '/a OF THE NORTHEAST '/a OF SECTION 8, A DISTANCE OF 203.50 FEET; THENCE RUN S.89°33'16"W. 25.00 FEET TO THE SAID WEST LINE; THENCE RUN N.00°56'08"W. ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. -5- 006299653 Exhibit`B" Location Map Adair Pointe Annexation, Initial Zoning and Preliminary Subdivision Plan L L I 1111E = hi II AEI Illl r I II it Ill I GMINI,I l F•hhh' I lI l 11 1 L1111 ILLL C Illi :I ' ilitritffli mw -- A J. ur .. -'T I��I�II J lrrailii 1rr::.1 ' 11 I �.�* i:rrirllrir t I �I I / HI MIIII IIIIIIIII�. �~ 'rr,,R Ztl i r r`\iS "Meiji hfrra arrrlrrrYd: rlrrr . .. "rill I. I I Arn nnrurrq. "I- --M rt . 11111111 r r- --�frra x rr rrd. bee' .- -- -- . . .- -• -- 11■ J pins ar rr�iI1MU 11111111 . a. .. .- -- ■- - I r'j pine iiuii'rin j: i man in' =i '- -��//��/�l-- -G' =/ `frra asinine MUM minim � '�q�I��1 - / OM 1anr lr m an a .':33JaanO4 *442, — '■1a� IMAM -- rrrrna,, �4 IN I 'ale ariinra E� Irarrl 4 'ii :rr�nr• rop I Ntj�ivs 1 I Ina _M: -: - �� r�� a 7 IIIIII1� ess .et '`*,*..S N0 ORTH : . ' t . iI ! - -6- 006.299653. ORDINANCE NO. 2003-27 CASE NO.AR-02.10-07: Adair Pointe Zoning Ordinance AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, "GENERAL AGRICULTURE" TO OCOEE R-1 "SINGLE FAMILY DWELIING" FOR CERTAIN PROPERTY CONTAINING APPROXIMATELY 3.52 ACRES LOCATED APPROXIMATELY 1,400 FEET NORTH OF WURST ROAD ON THE EAST SIDE OF ADAIR STREET PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property within the corporate limits of the City of Ocoee, Florida have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone approximately 3.52 acres of property, as more particularly described in Exhibit "A", from Orange County A-1 "General Agriculture", to Ocoee R-1 "Single Family Dwelling"; and WHEREAS, the rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, the rezoning requested by the Applicant is consistent with the Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and the City of Ocoee, as amended (the"JPA Agreement"); and WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has the authority to establish zoning for the real property hereinafter described and to immediately exercise municipal jurisdiction over said real property for the purposes of Part If of Chapter 163, Florida Statutes; and WHEREAS, on July 8, 2003 the Planning and Zoning Commission of the City of Ocoee, Florida held a public hearing and recommended to the Ocoee City Commission that the rezoning be approved; and WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed rezoning of said real property; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041, Florida Statutes. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,AS FOLLOWS: 006.299701. SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, for the following described real property containing approximately 3.52 acres within the corporate limits of the City of Ocoee, Florida is hereby changed from Orange County A-1 "General Agriculture", to Ocoee R-1 `Single Family Dwelling": SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF). A map of said land herein described which clearly shows the area of rezoning is attached hereto and EXHIBIT`B" and by this reference is made a part hereof. SECTION 3. OFFICIAL ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the rezoning enacted by this Ordinance and the Mayor and the City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(6) of Article V of Chapter 180 of the Ocoee City Code. SECTION 4. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repeated. SECTION 5. SEVERABILITY. 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 6. EFFECTIVE DATE. This Ordinance shall take effect upon passage and adoption. 006 299701. 2 PASSED AM)ADOPTED this day of ,2003. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2003 READ FIRST TIME , 2003. READ SECOND TIME AND ADOPTED ,2003. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY This day of ,2003. FOLEY & LARDNER By: City Attorney 3 006 299701. EXHIBIT "A" COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 'A OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN S.00°56'08"E. ALONG THE WEST LINE OF SAID NORTHEAST ''/a, A DISTANCE OF 1233.04 FEET TO THE NORTH LINE OF THE SOUTHWEST '/a OF THE NORTHEAST 1/4 OF SAID SECTION 8; THENCE RUN N.89°33'16"E. ALONG SAID NORTH LINE 25.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.89°33'l6"E. AND ALONG SAID NORTH LINE 565.40 FEET TO THE EAST LINE OF THE WEST 590.4 FEET OF THE SOUTHWEST '/a OF THE NORTHEAST % OF SAID SECTION 8; THENCE RUN S.00°56'08"E. ALONG SAID EAST LINE, A DISTANCE OF 295.20 FEET; THENCE RUN S.89°33'16"W. 363.30 FEET; THENCE RUN N.00°56'08"W. 91.70 FEET; THENCE RUN S.89°33'16"W. 202.10 FEET TO A POINT LYING 25.00 FEET EAST OF THE AFORESAID WEST LINE OF THE NORTHEAST '/a OF SECTION 8; THENCE RUN N.00°56'08"W. PARALLEL WITH SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST '% OF THE NORTHEAST '/a OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN N.89°33'16"E. ALONG THE NORTH LINE OF SAID SOUTHWEST ''/a OF THE NORTHEAST ''% OF SECTION 8, A DISTANCE OF 25.00 FEET; THENCE RUN S.00°56'08"E. PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST '/a OF THE NORTHEAST '/a OF SECTION 8, A DISTANCE OF 203.50 FEET; THENCE RUN S.89°33'16"W. 25.00 FEET TO THE SAID WEST LINE; THENCE RUN N.00°56'08"W. ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. 006.299701. 4 EXHIBIT "B" Location Map Adair Pointe Annexation, Initial Zoning and Preliminary Subdivision Plan 1 I b! 1 + 1ED HE ili II I t il ll+�I � a lIJII ); Guum= aprOnN 1 11 f 1 1 I 1 1 tll1 f I E am nm W NE ma 2 mf nallta MIN MM ar��lrli mon•0 1 ` te: mm 4211111111. tam ma __, mm Af rhleFh Ditarl}b AM I I Er�P I f �L47 _ su "Arlo — L# I on r III I ME ME{a I y na:L- momm mm m= iii =- no mm in in NM I[0 ii mil ` �� iA M illiM� Mm _m mat wipe� ail /rini�rrn aa� Ifit nurrr .la in �s Pikit -Mtr rar MIN I M nnmap _ Mr �l ai - Z. Iu . nmmn NORTH :� . / `' ♦teaQfl4 � 1 mm 006.299701. THIS INSTRUMENT PREPARED BY ANI)SHOULD BE RETURNED TO: Edward A. Storey,Esq. FOLEY& LARDNER Ill North Orange Avenue,Suite 1800 Post Office Box 2193 Orlando,FL 32802-2193 (407)423-7656 Parcel I.D.4: Grantors' Tax Identification No. For Recordin• Pur l oses Onl WARRANTY DEED THIS WARRANTY DEED is made this day of , 2003 by FRANKEN PROPERTIES, JV, a Florida joint venture, whose address is 8609 Ashbury Park, Orlando, Florida 32818 hereinafter referred to as "Grantor," in favor of the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761, hereinafter referred to as the "Grantee." (wherever used herein the terms "Grantor' and "Grantee" shall include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations, partnerships (including joint ventures), public bodies and quasi-public bodies.) WITNESS ETH: That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in the County of Orange, State of Florida, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. The Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of the Property in fee simple; that the Grantor has good, right and lawful authority to sell and convey the Property; that the Grantor hereby fully warrants the title to the Property and will defend the 006.298450. same against the lawful claims of all persons whomsoever; and that the Property is free and clear of all liens and encumbrances. IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed in its name the day and year first above written. SIGNED, SEALED AND DELIVERED IN FRANKEN PROPERTIES, JV, a THE PRESENCE OF: Florida joint venture By: Name: Print name: Title: Print name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2003 by , as the of FRANKEN PROPERTIES, JV, a Florida joint venture, who [ ] is personally known to me or [ ] produced as identification. [Notary Seal must be affixed[ 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): 2 006.298450. EXHIBIT "A" BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST '/4 OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN N.89°33'16"E. ALONG THE NORTH LINE OF SAID SOUTHWEST '/a OF THE NORTHEAST '/a OF SECTION 8, A DISTANCE OF 25.00 FEET; THENCE RUN S.00°56'08"E. PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/4 OF THE NORTHEAST ''/4 OF SECTION 8, A DISTANCE OF 203.50 FEET; THENCE RUN S.89°33'16"W. 25.00 FEET TO THE SAID WEST LINE; THENCE RUN N.00"56'08"W. ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. 3 006.298450. THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Edward A. Storey,Esq. FOLEY &LARDNER III North Orange Avenue,Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407)423-7656 Case No.: AR-02-10-07: Adair Point For Recording Purposes Only Tax I.D. #08-22-28-0000-00-042 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT (this "Agreement") is made this day of , 2003 by and between the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred to as the "City"), whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761 and FRANKEN PROPERTIES, JV, a Florida joint venture (hereinafter referred to as the "Owner"), whose mailing address is 8609 Ashbury Park. Orlando, Florida 32818. RECITALS WHEREAS, the Owner owns fee simple title to certain property located in Orange County, Florida, said property 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 and Joint Planning Area Agreement between the City and Orange County (the "JPA 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 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 IPA Agreement and to represent a minimal fiscal and level of service impact on the City; and 006.282561. 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 proper traffic circulation in the vicinity of the Property in accordance with the Ocoee Comprehensive Plan; and WHEREAS, the City has determined that, subject to the 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 & 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 mutual premises hereof, and other good and valuable consideration, 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 are incorporated herein by this reference. SECTION 2. ANNEXATION OF THE PROPERTY. Prior to the execution of this Agreement by the City, the Ocoee City Commission has adopted Ordinance No. 2003- for Case No. AR-02-10-07, thereby redefining the corporate territorial limits of the City to include the Property. SECTION 3. CONVEYANCE OF RIGHT-OF-WAY. Contemporaneous with the approval of this Agreement the Owner shall convey to the City a twenty-five (25) foot-wide strip of the Property lying adjacent and contiguous to, and along the entire length of the Property's frontage on the existing right-of-way for Adair Street all as more particularly described on Exhibit "B" attached hereto (the "Right-of-Way Property"). The Right-of-Way Property shall be 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 Owner shall, contemporaneously with the 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 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 conveyance of the same, and the prorated amount of such real property 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 conveyance of the Right-of-Way Property to the City. Notwithstanding the subsequent conveyance of the Right-of- Way Property to the City, the Owner shall be solely responsible for maintaining the Right-of- 006.282561. -2 Way Property until such time as improvements are made to Adair Street within the Right-of-Way Property. SECTION 4. NOTICE: PROPER FORM. Any notices required or allowed to be delivered shall be in writing and be deemed to be delivered (1) when hand delivered to the official hereinafter designated, or (2) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the party's name below, or at such other address as the party shall have specified by written notice to the other party delivered in accordance herewith. Owner: Franken Properties, J V 8609 Ashbury Park Orlando, Florida 32818 Crrr: City of Ocoee Attn: City Manager 150 North Lakeshore Drive Ocoee, Florida 34761 SECTION 5. NOTICES; DEFAULT. Each of the parties hereto shall give the other party written notice of any default hereunder and shall allow the defaulting party thirty (30) days from the date of its receipt of such notice within which to cure any such defaults or to commence and thereafter diligently pursue to completion good faith efforts to effect such cure and to thereafter notify the other parties of the actual cure of any such defaults. This Agreement is enforceable at law or in equity by the non-defaulting party, including, but not limited to the right of specific performance. SECTION 6. BINDING AGREEMENT ON SUCCESSORS. This Agreement shall be binding upon and shall inure to the benefit of the Owner, the City, and their respective successors and assigns and shall run with the land. SECTION 7. RECORDATION. The parties hereto agree that this Agreement shall be recorded in the Public Records of Orange County, Florida, at the expense of the Owner. 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. SECTION 9. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other part of this Agreement if the rights and obligations of the parties contained therein arc not materially prejudiced and if the intentions of the parties can continue to be effected. SECTION 10. RECOVERY OF ATTORNEYS' COSTS AND FEES. In connection with any litigation between the City and the Owner, including appellate proceedings arising out of this Agreement or the violation of any law, rule, regulation, ordinance, resolution, 0a6 282561. -3- or permit, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, paralegal fees, and costs hereunder, whether incurred prior to, during or subsequent to such court proceedings, on appeal or during any bankruptcy proceedings. SECTION 11. ENTIRE AGREEMENT. This instrument and its exhibits constitute the entire Agreement between the parties and supersedes all previous discussions, understandings, and agreements between the parties relating to the subject matter of this Agreement. Amendments to and waivers of the provisions herein shall be made by the parties in writing by formal amendment which shall be recorded in the Public Records of Orange County, Florida at the Owner's expense. SECTION 12. COUNTERPARTS. This Agreement and any amendments hereto may be executed in any number of counterparts, each of which shall be deemed an original instrument, but all such counterparts together shall constitute one and the same instrument. SECTION 13. EFFECTIVE DATE. This Agreement shall first be executed by the Owner and submitted to the City for approval by the Ocoee City Commission. Upon approval by the Ocoee City Commission, this Agreement shall be executed by the City. The Effective Date of this Agreement shall be the date of approval by the Ocoee City Commission. 006.282561. _4 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed the day and year first above written. "CITY" CITY OF OCOEE, a Florida municipal corporation By: S. Scott Vandergrift, Mayor Attest: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON UNDER By: AGENDA ITEM NO. City Attorney -5- 006 2a2561. STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, 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, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality 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): 006282561. -6- IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed the day of Signed, sealed and delivered "OWNER" in the presence of: FRANKEN PROPERTIES, JV, a Florida joint venture Signature By: Name: Print/Type Name Title: Signature Print/Type Name STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared , as of FRANKEN PROPERTIES, JV, a Florida joint venture, who [ I is personally known to me or [ I produced as identification, and that he acknowledged executing the foregoing instrument in the presence of two subscribing witnesses, freely and voluntarily. 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): 006.282561. -7- EXHIBIT "A" (The Property) COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST ''/4 OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN S.00°56'08"E. ALONG THE WEST LINE OF SAID NORTHEAST 1/4, A DISTANCE OF 1233.04 FEET TO THE NORTH LINE OF THE SOUTHWEST % OF THE NORTHEAST 1/4 OF SAID SECTION 8; THENCE RUN N.89°33'16"E. ALONG SAID NORTH LINE 25.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.89°33'16"E. AND ALONG SAID NORTH LINE 565.40 FEET TO THE EAST LINE OF THE WEST 590.4 FEET OF THE SOUTHWEST 1/4 OF THE NORTHEAST '/ OF SAID SECTION 8; THENCE RUN S.00°56'08"E. ALONG SAID EAST LINE, A DISTANCE OF 295.20 FEET; THENCE RUN S.89°33'16"W. 363.30 FEET; THENCE RUN N.00°56'08"W. 91.70 FEET; THENCE RUN S.89°33'16"W. 202.10 FEET TO A POINT LYING 25.00 FEET EAST OF THE AFORESAID WEST LINE OF THE NORTHEAST '/4 OF SECTION 8; THENCE RUN N.00°56'08"W. PARALLEL WITH SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST '/4 OF THE NORTHEAST '/4 OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN N.89°33'16"E. ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE NORTHEAST '/4 OF SECTION 8, A DISTANCE OF 25.00 FEET; THENCE RUN S.00°56'08"E. PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST % OF THE NORTHEAST '/4 OF SECTION 8, A DISTANCE OF 203.50 FEET; THENCE RUN S.89°33'16"W. 25.00 FEET TO THE SAID WEST LINE; THENCE RUN N.00°56'08"W. ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. 006.282561. -8- EXHIBIT "B" (Right of Way Property) BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST ' OF THE NORTHEAST '/ OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN N.89°33'I6"E. ALONG THE NORTH LINE OF SAID SOUTHWEST '/a OF THE NORTHEAST '/ OF SECTION 8, A DISTANCE OF 25.00 FEET; THENCE RUN S.00°56108"E. PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST ' OF THE NORTHEAST ' OF SECTION 8, A DISTANCE OF 203.50 FEET; THENCE RUN S.89°33'16"W. 25.00 FEET TO THE SAID WEST LINE; THENCE RUN N.00°56'08"W. ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. 006.282561. -9 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Edward A. Storey, Esq. FOLEY &LARDNER I11 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando,FL 32802-2193 (407)423-7656 Parcel I.D.# Grantor's Tax Identification No. For Recording Purposes Only QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, made and executed this day of , 2003, by the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "Grantor"), to FRANKEN PROPERTIES, JV, a Florida joint venture, whose address is 8609 Ashbury Park, Orlando, Florida 32818 (hereinafter referred to as the"Grantee"). (wherever used herein, the terms "Grantor" and"Grantee" shall include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations, partnerships (including joint ventures), public bodies and quasi-public bodies.) WI'T'NESSE'TH: THAT the Grantor, for and in consideration of the sum of ONE and NO/100 DOLLARS ($1.00) in hand paid by the Grantee, the receipt whereof is hereby acknowledged, does hereby donate, remise, release and quit-claim unto the Grantee forever, all the right, title, interest, claim and demand which the Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Orange, State of Florida, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE(hereinafter referred to as the "Property"). ON FEBRUARY 3, 2003 A WARRANTY DEED EXECUTED BY GRANTEE WAS RECORDED AT OFFICIAL RECORDS BOOK 06769, PAGE 0532 PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. THIS WARRANTY DEED CONTAINED AN INCORRECT LEGAL DESCRIPTION. THIS QUIT-CLAIM DEED IS EXECUTED AND RECORDED IN ORDER TO CONVEY THE PROPERTY BACK TO THE GRANTEE. A NEW WARRANTY DEED EXECUTED BY GRANTEE WILL BE RECORDED SUBSEQUENT TO THE RECORDING OF THIS QUIT-CLAIM DEED TO EVIDENCE THE CORRECT INTENDED CONVEYANCE. 006.298452. Together with all right, title and interest, if any, of Grantor in and to any and all streets, roads and rights-of-way immediately adjacent to the Property. TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thercunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee forever. IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the day and year first above written. GRANTOR: CITY OF OCOEE, a Florida municipal corporation By: S. Scott Vandergrift, Mayor Attest: Jean Grafton, City Clerk [Affix Seal] FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD ON APPROVED AS TO FORM AND , 2003 LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. 2003. By: Foley&Lardner City Attorney 2 006 298452. STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, 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, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality 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): 3 006.298452. EXHIBIT "A" (The Property) COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST ''A OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN S.00°56'08"E. ALONG THE WEST LINE OF SAID NORTHEAST 1/4, A DISTANCE OF 1233.04 FEET TO THE NORTH LINE OF THE SOUTHWEST % OF THE NORTHEAST '/4 OF SAID SECTION 8; THENCE RUN N.89°33'I6"E. ALONG SAID NORTH LINE 25.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.89°33'16"E. AND ALONG SAID NORTH LINE 565.40 FEET TO THE EAST LINE OF THE WEST 590.4 FEET OF THE SOUTHWEST '/4 OF THE NORTHEAST % OF SAID SECTION 8; THENCE RUN S.00°56'08"E. ALONG SAID EAST LINE, A DISTANCE OF 295.20 FEET; THENCE RUN S.89°33'16"W. 363.30 FEET; THENCE RUN N.00°56'08"W. 91.70 FEET; THENCE RUN S.89°33'I6"W. 202.10 FEET TO A POINT LYING 25.00 FEET EAST OF THE AFORESAID WEST LANE OF THE NORTHEAST % OF SECTION 8; THENCE RUN N.00°56'08"W. PARALLEL WITH SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST '/4 OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN N.89°33'16"E. ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 8, A DISTANCE OF 25.00 FEET; THENCE RUN S.00°56'08"E. PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST % OF THE NORTHEAST ''/4 OF SECTION 8, A DISTANCE OF 203.50 FEET; THENCE RUN S.89°33'16"W. 25.00 FEET TO THE SAID WEST LINE; THENCE RUN N.00°56'08"W. ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. 4 006.298452.