HomeMy WebLinkAboutMetro Church of Christ Inc. Annexation Agreement - Ordiance 2017-171 I�IIII !1111 VIII VIII VIII VIII IIII III!
GRANT MALOY, SEMINOLE COUNTY
CLERK OF' CIRCUIT COURT & COMPTROLLER
BK 8997 Pis 1940-1951 (12P9s)
CLERK'S A 2017098468
Prepared by and return to: RECORDED 10/02/, 01 02:13:00Pil
Anthony A. Garganese, Esquire RECORDING F'EEJ $103,51
Garganese, Weiss, & D'Agresta, P.A. RECORDED BY jeckenro
Post Office Box 2873
Orlando, Florida 32802-2873
(407)425-9566
CITY OF WINTER SPRINGS
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT is made this day of September, 2017, by
and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation
("City"), whose address isl 126 East State Road 434, Winter Springs, Florida 32708, and METRO
CHURCH OF CHRIST, INC., whose mailing address is 1491 E SR 434, Suite 101, Winter
Springs, Florida 32708 ("Owner").
RECITALS:
WHEREAS, the City, acting by and through its City Commission, has under consideration
a Petition by the Owner to annex its property located generally at 300 W State Road 434, Winter
Springs, Florida 32708 ("Property") being more fully described in Exhibit "A," which is attached
hereto and made a part hereof by reference, to the City of Winter Springs; and
WHEREAS, the Property is currently on a septic system and is served by City of Oviedo
for water service; and
WHEREAS, the parties hereto wish to set forth herein their respective intentions as
concerns annexation and the duties, and obligations, and privileges resulting therefrom; and
WHEREAS, Owner acknowledges and agrees that the City could suffer a loss of revenue
and would be unable to ensure adequate services to its own residents if Owner were to annex the
Property without utilizing City water and sewer services; and
NOW, THEREFORE, in consideration of the mutual covenants herein contained and
other good and valuable consideration passing between the parties hereto, receipt and sufficiency
of which is hereby acknowledged, be it agreed and committed as follows:
1. Recitals. The parties agree that the foregoing recitals are true and correct and
are hereby fully incorporated into this Annexation Agreement by this reference.
2. Effective Date/Termination. This Annexation Agreement shall become effective
upon execution by both parties and shall remain in effect until either (a) the Owner abandons its
attempts to annex the Property to the City prior to passage of the applicable ordinance effectuating
the annexation and amending the boundaries of the City pursuant to the City of Winter Springs
Charter ("Ordinance"); (b) the City Commission declines to adopt the Ordinance; or (c) upon
passage of the Ordinance, until sewer and/or water service provided by the City is permanently
discontinued by the City. Upon termination, this Annexation Agreement shall become null and
void and all the parties shall have no further obligations under this Annexation Agreement to each
other.
3. Water and Sewer Service. Within 13 months of annexation into the City of
Winter Springs, the Owner shall cause the Property to be fully disconnected from the City of
Oviedo water service and the onsite septic system and shall connect to the City of Winter Springs
water and sewer systems. The applicable City of Winter Springs water and sewer connection fees
shall be paid at the time of connection. Unless otherwise agreed in writing by the City, this
Annexation Agreement shall not be construed in any way whatsoever as requiring the City to
install a sewer and/or water line and related appurtenances thereto which are necessary to connect
Owner to the City's sewer and/or water system, to provide a method for such installation, or to pay
2
for all or any portion of such installation, to the extent that any such lines or related appurtenances
are not already installed. It is -the Owner's sole responsibility to install and pay for the connection
to the City's sewer and/or water system, provided, however, the installation shall first be approved
by the City subject to the City's sewer and/or water connection guidelines. Owner shall comply
with all City policies, whether written or otherwise, regarding the connection to, and use of, the
City's sewer and/or water system. The City shall have the right to inspect any and all sewer and/or
water lines and appurtenances installed by Owner to connect to the City's sewer and/or water
system. Owner agrees to pay any and all sewer and/or water fees, charges, assessments, and other
costs adopted by the City which directly or indirectly relate to the connection to, and use of, the
City's sewer and/or water system.
4. Annexation. Owner acknowledges and agrees that it has submitted a petition for
annexation, titled "Application for Annexation and Subsequent Comprehensive Plan Amendment
& Rezoning Petition," ("Application") and further hereby consents to the annexation of the
Property by, and to, the City. The City's administrative and advertising costs of the annexation
shall be borne by the City. Notwithstanding any other provision of this Annexation Agreement,
the decision as to whether annexation of the Property is in the best interests of the City, and should
be accomplished under this Annexation Agreement, shall be made according to the sole and
absolute discretion of the Commission of the City of Winter Springs. Nothing in this Annexation
Agreement shall be construed to create a binding obligation on the City to annex the Property at
any time.
Eligibility for annexation shall be determined by the City in accordance with Chapter 171,
Florida Statutes, the Charter of the City of Winter Springs, and such ordinances as adopted by the
3
Commission of the City of Winter Springs. A determination by the City that the Property is
eligible for annexation shall be binding on the Owner. Owner hereby waives any right to object
to, or appeal, the City's decision to annex the Property. Furthermore, Owner hereby agrees not to
register any written or verbal opposition to the City's annexation of the Property.
5. Zoning And Comprehensive Plan Designations For Annexed Property. The
City agrees that the Commission of the City of Winter Springs shall consider annexing the Property
with a future land use designation of Commercial and zoning district of C-1 Neighborhood
Commercial, pursuant to the Owner's Application. The City zoning and comprehensive plan land
use designation shall be considered by the Commission for approval, disapproval, or modification
pursuant to applicable state and local law. In no way whatsoever shall this paragraph be construed
as a contractual obligation of, or promise by, the City to give the Property a predetermined City
zoning and comprehensive plan land use designation. It is understood and agreed that Owner will
pay the fees, costs, or expenses that are customarily charged by the City on account of or in
connection with the City's review and processing of the comprehensive plan and zoning map
amendments for the Property; provided, however, that the City shall pay its own attorney's fees
and consulting fees and staff time, as may be determined to be necessary by the City.
6. Owners' Representations and Warranties. Owner represents and warrants that
Owner possesses fee simple title to the Property, that Owner has full power and authority to enter
into this Annexation Agreement, that the undersigned is vested with full authority to execute this
Annexation Agreement on behalf of the Owner, and that upon execution of this Annexation
Agreement the same will be fully binding and enforceable according to its terms.
4
7. Recordation. The Owner agrees and consents that this Annexation Agreement
shall be recorded in the office of the Clerk of Circuit Court in and for Seminole County, Florida,
and that all costs of recording shall be paid by the Owner.
8. Binding,, Effect. Both parties agree to sign all papers necessary to carry out
the foregoing Annexation Agreement. The provisions of this Annexation Agreement shall be
binding upon the heirs, personal representatives, successors and assigns of the respective parties.
9. Limitations of Remedies. The parties hereby agree not to pursue an award of
monetary damages for a breach by or non-performance of the other party under this Agreement.
The only remedies of the other party available against the non-performing party under this
Agreement shall be either to withhold further performance under the Agreement until the non-
performing party cures the non-performance, or to seek a court order from the Circuit Court of the
Eighteenth Judicial Circuit in and for Seminole County, Florida requiring the non-performing party
to fulfill its obligations under the Agreement. However, nothing in this Agreement shall be
construed to limit the right of either party to pursue any and all available remedies if any, under
non -tort or constitutional law relating to a party's non-performance under the Agreement so long
as damages are not sought. The City will not waive sovereign immunity and does not waive
sovereign immunity to any extent by reason of this Agreement, and in the event Owner seeks any
relief against the City, the City may rely on any available defense arising out of its sovereign
immunity. In the event a court order is issued declaring non-performance by either party, the non-
performing party shall be required to reimburse the other party any actual and reasonable expenses
incurred as a result of the breach (excluding attorney's fees and legal costs).
4
10. Development Permits. Nothing herein shall limit the City's authority to
grant or properly deny any development permit applications or requests subsequent to the effective
date of this Agreement. The failure of this Agreement to address any particular City, County,
State and/or Federal permit, condition, term or restriction shall not relieve Owner or the City of
the necessity of complying with the law governing said permitting requirement, condition, term or
restriction. Without imposing any limitation on the City's police powers, the City reserves the
right to withhold, suspend, or terminate any and all certificates of occupancy for any building or
unit if Owner is in breach of any term or conditions of this Agreement.
11. AttorneN-s' Fees. In the event of litigation arising out of or relating to this
Annexation Agreement, each party shall bear their own attorney's fees and costs.
12. Counterparts. This Annexation Agreement may be executed in several
counterparts and each counterpart shall constitute an original.
13. Headincs. All headings in this Annexation Agreement are for convenience
only and shall not be used to interpret or construe its provisions.
14. Severabilit-NIf a word, sentence, or paragraph herein shall be declared illegal,
unenforceable, or unconstitutional, the said word, sentence, or paragraph shall be severed from
this Annexation Agreement, and this Annexation Agreement shall be read as if said illegal,
unenforceable, or unconstitutional word, sentence, or paragraph did not exist.
15. Waiver. Failure of the City to insist upon performance within any time period or
upon a proper level or quality of performance shall not act as a waiver of the City's right to later
claim a failure to perform on the part of the Owner.
n
16. Governing Law/Jurisdiction. The parties hereto agree that the state or
federal courts located in the State of Florida shall have the exclusive jurisdiction over the parties
and the subject matter of any litigation between the parties arising hereunder. For purposes of
state court action, venue shall lie in Seminole County, Florida, and for purposes of federal court
action, venue shall lie within Orlando, Florida.
17. Notices. All notices of any type hereunder shall be given by U.S. mail or by
hand delivery to an individual authorized to receive mail for the below listed individuals, all to the
following individuals at the following locations:
TO THE CITY:
TO THE OWNER:
City of Winter Springs
City Manager
City of Winter Springs City Hall
1126 East State Road 434
Winter Springs, Fl. 32708-2799
Phone: 407-327-1800
Fax: 407-639-7575
Metro Church of Christ, Inc.
300 West State Road 434
Winter Springs, Florida 32708
Notice shall be deemed to have been given and received on the date the notice is physically
received if given by hand delivery, or if notice is given by first class U.S. mail, postage prepaid,
then notice shall be deemed to have been given upon the date said notice was deposited in the U.S.
Mail addressed in the manner set forth above. Any party hereto by giving notice in the manner
set forth herein may unilaterally change the name of the person to whom notice is to be given or
the address at which notice is to be received.
7
18. Drafting. City and Owner each represent that they have both shared equally in
drafting this Annexation Agreement and no party shall be favored or disfavored regarding the
interpretation of this Annexation Agreement in the event of a dispute between the parties.
19. Sovereign Immunift. Nothing contained in this Annexation Agreement shall be
construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida
Statutes, or other limitations imposed on the City's potential liability under state or federal law.
20. Modification. This Annexation Agreement shall only be modified by a written
instrument executed by the parties hereto or any successors, assigns, heirs, or representatives
thereto.
IN WITNESS WHEREOF, the parties hereunto set their hands and seals the day and year
first above written.
Signed, Sealed and Delivered
in tit - presence of
Print Name:
PrintM'ime:
STATE OF FLORIDA
COUNTY OF SEMINOLE
J. T ougl�Aeyers
I hereby certify that the foregoing instrument was acknowledged before me this day
of2017 b J. Douglas Meyers, as Executive Minister of Metro Church of Christ
��� ���, Y g Y �
Inc., o who is personally known to me, or A who has;producedt as
identification. !
yvi1\U114111f1i//�E ��4�,r��¢,'� �.1.c^a ���✓,. ! l � ,✓_�� �� �_- -- -- - -�
�� cL• o'• �� � � • 4 15.20
'
a "NOTARY PUBLIC
= �` ,• GAG 15 `'G�n, . �
9y �` 6690
NATE OF �o iO%�```
�1t/f11t1lIN\`\�
N.
STATE OF FLORIDA
COUNTY OF SEMINOLE
CITY OF WINTER SPRINGS,
By/•� f_
CM/kRLES�it��,4;f`Y, Mayor
I hereby certify that the foregoing instrument was acknowledged before me this day of
2017, by CHARLES LACEY, Mayor of the City of Winter Springs, D who
is personally known to me.
i
NOTARY PUBLIC
Notary public Stats of Florida
Antonia Della Donna
My Commission FF 152895
oc W Expires ()tt/ wo18
•tip
ATK t0
��'.
o
�µµ
'..,X.NDREAYIR` •7O7LUACES
city CR4k�
n1
STATE OF FLORIDA
COUNTY OF SEMINOLE
CITY OF WINTER SPRINGS,
By/•� f_
CM/kRLES�it��,4;f`Y, Mayor
I hereby certify that the foregoing instrument was acknowledged before me this day of
2017, by CHARLES LACEY, Mayor of the City of Winter Springs, D who
is personally known to me.
i
NOTARY PUBLIC
Notary public Stats of Florida
Antonia Della Donna
My Commission FF 152895
oc W Expires ()tt/ wo18
•tip
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
10
Sketch of Description Sheet 1 of 2
Legal Description:
LEGAL CIES ;IIP T ION:
THE WEST 425 FEET OF THE SOUTH 112 OF THE NORTHEAST 1/4 OF THE NORTHEAST 114 OF THE SOUTHEAST
14 OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEI`,,1IN0LE COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, RUN S
00*29'58'E ALONG THE EAST LINE OF SAID SECTION 4, A DISTANCE OF 2473.42 FEET TO THE EAST :I CORNER
OF SAID SECTION 4; THENCE DEPARTING SAID EAST LINE RUN S 89"51'53" W, ALONG THE SOUTH LINE OF THE
,NORTH' OF SAID SECTION 4. A DISTANCE OF 25.00 FEET: THENCE DEPARTING SAID SOUTH LINE, RUN S
00021'31' EAST, A DISTANCE OF 25.00'; THENCE N 89051'53" E, A DISTANCE OF 25.00' TO A POINT ON THE EAST
LINE OF THE SOUTHEAST 14 OF SAID SECTION 4,SAID LINE ALSO BEING THE SOUTH LINE OF THE PLAT OF
BARRINGTON ESTATES AS RECORDED IN PLAT BOOK 62, PAGES 77-80 OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FL: THENCE S 00'21'31" E, ALONG SAID EAST L.iNF-',, A DISTANCE OF 306.84 FEET TO A POINT ON THE
SOUTH LINE OF THE NORTH 4 OF THE NORTHEAST 1 OF 1
THE NORTHEAST , OF THE SO1 UTHEAST OF SECTION
4 4 4
4; THENCE DEPARTING SAID EAST LINE RUN S 89050'14" W, ALONG SAID SOUTH LINE.. DISTANCE OF 236.88
FEET 10 THE POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREIN-,
FROM THE POINT OF BEGINNING, DEPARTING SAID SOUTH LINE RUN S 00'02'01" F, A DISTANCE OF 299.51 FFET
TO A POINT ON THE NORTH RIGFIT-0E-1jVAY LINE OF VVEST STATE ROAD 434, AS NO',PJ ESTABLISHED; THENCE
ALONG SAID NORTH RIGHT-OF-WAY LINE, S 89'32'38'W, A DISTANCE OF 289,24 FEET; THENCE CONTINUING
ALONG SAID NORTH RIGHT-OF-WAY LINE, S 39'51'01" W, A DISTANCE OF 135,77 FEET TO A POINT OF
INTERSECTION WITH THE EAST LINE OF AFORESAID PLAT OF BARRINGTON ESTATES; THENCE DEPARTING
SAID NORTH RIGHT-OF-WAY LINE AND ALONG SAID EAST LINE, RUNG N OW02'02" W, A DISTANCE OF 300.96
FEET: THENCE RUN ALONG THE AFORESAID SOUTH LINE OF THE PLAT OF BARRINGTON ESTATES N 89050,14"
E, A DISTANCE OF 425.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND H`--- R�.-JN' DESCRIBED.
SAID LAND CONTAINING 127,705 SQUARE FEET OR 2.93 ACRES MORE OR LESS
trehind, & r o st er
s r " In./.
1301 S. International Parkway Suite 2001
Lake Mary, Florida 32746
www.irelandsurvoying.cont,
Office -407.678.3366 Fax -407.320.8165
,Sketch is Based upon the Legal Description Supplied by Client.
,Abutting Properties Deeds Dave NOT been Researched for Gaps,
Overlaps andlor Hiatus. —
,Subject to any Easement.,; andlor Reslrid'Lns of Record,
-Bearing Basis shown hereon. Is Assumed and Based upon the Lino
Denokc; with a *BB",
>Building Ties are NOT to be used to reconsvuc[ Propery Lines.
}Fence Ownership is NOT determined.
,Rcof Overhang Unde7ound Utilities andlor Footers have NOT
been cowled NLESSO otherwise noted.
,Septic Tanks andfor Drainfield locations are approximate and MUST
be V
,ed by appropriate Utility Locatictri Companies -
>Use of 'his Sketch for Purposes other than InTendod, ftivaut
Written Verification. Wit be at the User's Sale Risk and Wiftut
Liability
the Surverr, NothinR Hereon shall be Construed to
e hC8 Certified.
Give ANY RvjhIs or enefts to n,00ie Other thin I e Cer
t,", mvl Corm ar,' the 'Amy ",AMgn and 0re'ier 01 —or,,
�,dor - rho tkni.
lmfs^MI1.-, R .0 tw"'d C-'41,1Mq I" 11so".fi'di, 0 Pao ,, 10, L. -I
11 lh. Stlte rf Flni3n Pn 0"'dal-. I -Ar' C'na,r LIJ-17,05') vkr�d-,
AAMInIM701m Coact;. 4^02! F..d4i S,auA,--.
Patrick K. 6637 LB 7623
Date Signed: 7/19117
This Sketch is Intended ONLY for the use of S* Cetkd Pates,
this Skelch NOT VALID UNLES,et� am Embmset; %* sirveyot's sew.
File N401 IS -37358
CADID Fite:
-tegand-
C Point of Curvature
cente4he
CrncraIo Btoci,
P Paq0
This is NOT a Surve y
CM
Convetb Mommeni
P? Point of IT)teie,-�,
P.O.B.- Point of at�,$,,Nnij
conc
Coacnal')
P.0 -PoIniOnLin.
This is ONLY a Sketch.
0
Dozorindtin
PP P We' PrAe
onvanent
DE
Pe, R09rance
Eami,
Eaxe tent
- Federal Emergency
Nlanage,Ymnl Agency
monumem
PIPoint ol T vqierry
R Radi 3
ketch of Description Prepared For. HT Real Estate - Orlando, LLC
FE
Fr1d.
FInlFhed Pix, Elevation
Found
Rad, -Radial
R&C • Rebar & Cat)
(etch of Description eirneil o:
HT Real Estate - Orlando. LLC
P
tion p1pa
Long 1,
ReD, R000vered
Rid. R00W
to
N&D
N.R.
11 RG
P
P�B,
1.
,aaii�.
Nall &
Non-RWW
Official Rftods Book
plat
Plat Book
Wood Fence
Set ', '
5&b.; 'UpVO3`
�tp- :TUy,?1,Lsl.mi
WM Water mete,
A •Defta (Central Arv,*,
-X- Chain Link Fsnce
Sketch Date: 7/19/17
>T,,i, Propa,ty 1-1 V?T, In 0 Flo,.,' nrono -k,oz, Zone cn r.j
Community Number 12117C Panel Mu'ruef 0180 F Oiled ng -23-07.
,Flood Z 1,1=,Hcoh,6�dGiven as a.0ourtasy, and It Sul;jea to Nnal Apvoval Dy r.E.MA
D n,...,Vna be
This ate ".y d by F Factors dror NEITHER 'mown NOR'
to 1*5 Surveying Cornpan, at tho Unto of this Endeavor, Ireland & AssodaW-Si—,�eying, Inc, 0
", I I . " -1 11 "1 111 �, - - ., , I +........,,......, �111�
...... j ....... I ...
Dra
�Ppisz
Aroved -u-�
I)ld'
Fie N,A
trehind, & r o st er
s r " In./.
1301 S. International Parkway Suite 2001
Lake Mary, Florida 32746
www.irelandsurvoying.cont,
Office -407.678.3366 Fax -407.320.8165
,Sketch is Based upon the Legal Description Supplied by Client.
,Abutting Properties Deeds Dave NOT been Researched for Gaps,
Overlaps andlor Hiatus. —
,Subject to any Easement.,; andlor Reslrid'Lns of Record,
-Bearing Basis shown hereon. Is Assumed and Based upon the Lino
Denokc; with a *BB",
>Building Ties are NOT to be used to reconsvuc[ Propery Lines.
}Fence Ownership is NOT determined.
,Rcof Overhang Unde7ound Utilities andlor Footers have NOT
been cowled NLESSO otherwise noted.
,Septic Tanks andfor Drainfield locations are approximate and MUST
be V
,ed by appropriate Utility Locatictri Companies -
>Use of 'his Sketch for Purposes other than InTendod, ftivaut
Written Verification. Wit be at the User's Sale Risk and Wiftut
Liability
the Surverr, NothinR Hereon shall be Construed to
e hC8 Certified.
Give ANY RvjhIs or enefts to n,00ie Other thin I e Cer
t,", mvl Corm ar,' the 'Amy ",AMgn and 0re'ier 01 —or,,
�,dor - rho tkni.
lmfs^MI1.-, R .0 tw"'d C-'41,1Mq I" 11so".fi'di, 0 Pao ,, 10, L. -I
11 lh. Stlte rf Flni3n Pn 0"'dal-. I -Ar' C'na,r LIJ-17,05') vkr�d-,
AAMInIM701m Coact;. 4^02! F..d4i S,auA,--.
Patrick K. 6637 LB 7623
Date Signed: 7/19117
This Sketch is Intended ONLY for the use of S* Cetkd Pates,
this Skelch NOT VALID UNLES,et� am Embmset; %* sirveyot's sew.
File N401 IS -37358
CADID Fite:
Sketch of Description
Sheet 2 of 2
N
Not W Scale
ti
Ireland k Associates
SuryeylTtg, Inc,
1301 S. Intemational Parkway Suits 2001
Lake Mary, Florida 32746
www,irelandsurvorig.com This is NOT a Survey.
OMce-407.678.3366 Fax407.320.8165 This is ONLY a Sketch.
U! L; I I U; f,j p tkU
FOR SCANNING