HomeMy WebLinkAbout2003 05 27 Regular D.2 Second Addendum to Annexation an Pre-Development Agreement for Barrington Estates
'COMMISSION AGENDA
ITEM D.2
Consent
Information
Public Hearini!
Re2ular XX
May 27. 2003
Meeting
. Mgr, j"1-- /Dept.
REQUEST: Community Development Department requests that the Commission approve the
"Second Addendum to Annexation and Pre-Development Agreement" for Barrington Estates
(a.k.a. Belfaire, a,k.a, Battle Ridge).
PURPOSE: The purpose of this agenda item is to amend the existing "Annexation and Pre-
Development Agreement" associated with the Barrington Estates subdivision. The amendments
are necessary to approve the proposed final subdivision plat for Barrington Estates
(approximately 44 acres, located on the north side of SR 434, between the Greeneway, on the
west, and DeLeon Street, on the east).
APPLICABLE REGULATIONS:
Chapter 163, Florida Statutes
Chapter 166, Florida Statutes
Annexation and Pre-Development Agreement
First Addendum to Annexation and Pre-Development Agreement
CONSIDERATIONS:
An Annexation and Pre-Development Agreement was entered into between the City of Winter
Springs and the Battle Ridge Companies, Inc., on January 26, 1998. Final Engineering was
approved on October 22,2001, subject to 6 conditions, including an addendum to the 1998
agreement.
May 27, 2003
Regular Agenda Item D,2
Page 2
Subsection 7 (E) (4), on page 8 of the Annexation and Pre-Development Agreement states the
following:
"The owner will design its internal road network to preclude connection to adjacent
properties to the east. To further assure that the road system is not connected to future
developments to the east, Developer will dedicate on the plat or by separate recorded
instrument ten feet of property to the project's homeowner's [sic] association as a
preserve area. The only improvements which shall be allowed in said preserve area are
those to effectuate any type of natural scenic trail, as expressly authorized by Owner
[Battle Ridge Companies, Inc.].
The applicant proposes this property (Tract "D" on the plat) as a "landscapelbuffer," not a
preserve. Some clearing has occurred in the "preserve area," although the applicant states that
the large trees remain. A utility easement is depicted through the tract, as requested by City staff.
These issues are inconsistent with the agreement's requirements for a preserve. The applicant
has provided documentation from Seminole County staff did addressing extending a trail across
this eastern as well as across the southern edge of the subdivision. Staff proposes amending the
agreement to remove the "preserve" status from Tract "D" and to allow utility easements to cross
the tract for possible future connection to the properties to the east. Staff recommends that the
City Commission not rule out possible vehicular connection to the east.
FINDINGS:
1) The City and Battle Ridge Companies, Inc., entered into an "Annexation and Pre-
Development Agreement" on January 26, 1998.
2) The "Annexation and Pre-Development Agreement" specifically addressed a 10 foot wide
strip ofland along the eastern boundary of the project site, which was to be designated a
"preserve area," to preclude connection to the east and provide a place for a future portion of
Seminole County's trail system.
3) Subsequent to executing and recording the agreement, the City annexed property to the
immediate east ofthe subject property.
4) Final engineering and First Addendum to Annexation and Pre-Development Agreement were
approved by the Commission on October 22,2001, subject to conditions.
5) City staff believes that the "Annexation and Pre-Development Agreement" should be
amended through an addendum to allow future connection to this adjacent annexed property, at
least with potable water and sanitary sewer.
2
May 27, 2003
Regular Agenda Item D,2
Page 3
RECOMMENDATION:
Staff recommends that the City Commission approve the "Second Addendum to Annexation and .
Pre-Development Agreement."
ATTACHMENTS:
A Second Addendum to Annexation and Pre-Development Agreement
B ,David Martin Memo Regarding Trail
COMMISSION ACTION:
3
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A~TACHMENT A ID)ImArFT
Second Amendment
Annexation and Pre-Development Ae:reement
This Second Addendum is made and entered into the _ day of May, 2003, by and
between the undersigned parties, as follows:
Witnesseth:
WHEREAS, the City of Winter Springs and Battle Ridge Companies, Inc. previously
entered into that certain Annexation and Pre-Development Agreement, dated January 26, 1998,
to build a high quality residential development with municiapal services ("Agreement"); and
WHEREAS, Engle Homes/Orlando, Inc., a Florida corporation, is the successor in
interest to the Battle Ridge Companies, Inc. ("Owner"); and
WHEREAS, additional properties, immediately to the east ofthe subject property, have
been annexed into the City and any improvements are likely to require at least the extension of
potable water and sanitary sewer; and
WHEREAS, connection to potable water and sanitary sewer, when these adjacent
properties develop or are redeveloped, is consistent with and supported by the City's
Comprehensive Plan; and
WHEREAS, future vehicular access to and from the additional properties, immediately to.
the east of the subject property, may minimize the traffic impact on DeLeon Street and Howard
A venue when these properties develop; and
WHEREAS, the City and Owner desire to modify the agreement to allow for possible
future connection to the adjacent properties to the east that have been annexed into the City and
make additional modifications to the Agreement as stated hereunder.
IN CONSIDERATION of the mutual covenants and provisions hereof, and other good
and valuable considerations, the receipt and sufficiency all of which is hereby acknowledged, the
parties desire to be legally bound and agree as follows:
1.0 Section (7) (E) (4) of the Agreement is amended to read as follows (strikeout
words are deletions and underlined words are additions to the original text):
The Owner will design its internal road network to preolude allow
connection to adjacent properties to the east. To further assure that the road
system is not connected may connect to future developments to the east,
Developer will not dedicate on the plat or by separate recorded instrument ten feet
of property on the east property line of Owner's developable property to the
project's homeowner's [sic] association as a preserve area. but as a
landscape/buffer area. instead. The only improvements which shall be allowed in
said preserve area shall be those necessary to effectuate any type of scenic trail, as
expressly authorized by Owner. except that utilities and a roadway may cross the
landscape/buffer area. subiect to City approval.
2.0 Section 7 (J) ofthe Agreement is amended to read as follows (strikeout words are
deletions and underlined words are additions to the original text):
To ensure continuation of the Cross SeminolelFlorida National Scenic
Trail, the Developer shall coordinate with Seminole County during the
subdivision platting process to explore opportunities that might exist to
extend the trail through the Property, including extension through the ten
(10) foot preserve landscapelbuffer area required in section 7, part E,
paragraph 4 of this Agreement.
3.0 All other provisions contained in the Agreement which are not amended by the
First Addendum or this Second shall remain unchanged and shall continue to be
in full force and effect.
4.0 This Second Addendum shall be recorded in the Public Records of Seminole
County and shall be binding on the Property and shall run with the land.
WITNESSES:
ENGLE HOMES/ORLANDO, INC.
Print Name:
JOHN A. KRA YNICK, VICE PRESIDENT
Print Name:
STATE OF FLORIDA
COUNTY OF SEMINOLE
Subscribed and sworn to before me, the undersigned Notary Public, this _ day of
, 2003, by John Kraynick, the Vice President of Engle Homes/Orlando, Inc., a
Florida corporation, Owner, who is personally known, or _ has produced
as identification.
Notary Public
ATTEST:
CITY OF WINTER SPRINGS
ANDREA LORENZO-LUACES,
CITY CLERK
JOHN F. BUSH, MAYOR
STATE OF FLORIDA
COUNTY OF SEMINOLE
Subscribed and sworn to before me, the undersigned Notary Public, this _day of
, 2003, by John F. Bush, who is personally known.
Notary Public
MEMORANDUM
TO:
MAYOR AND CITY COMMISSION
JOHN C. BAKER, AlCp9o- tS-
KIP LOCKCUFF, PE / ff,
FROM:
THRU:
DATE:
MAY 27, 2003
RE:
REVISED DRAFT SECOND AMENDMENT TO ANNEXATION AND
PRE-DEVELOPMENT AGREEMENT
Please accept the attached revised draft Second Amendment to Annexation and Pre:-
Development Agreement for Barrington Estates. Staff received the revision Tuesday, May 27,
2003. A copy has been provided to Engle Homes for their review,
,
"
Second Amendment
Annexation and Pre-Development Al!reement
This Second Addendum is made and entered into the _ day of May, 2003, by and
between, the undersigned parties, as follows:
Witnesseth:
WHEREAS, the City of Winter Springs and Battle Ridge Companies, Inc, previously
entered into that certain Annexation and Pre-Development Agreement, dated January 26, 1998,
and a First Addendum to Annexation and Pre-Development Agreement was executed on June 25,
2002, to build a high quality residential development with municipal services (collectively
referred to hereunder as "Agreement"); and
WHEREAS, Engle Homes/Orlando, Inc., a Florida corporation, is the successor in
interest to the Battle Ridge Companies, Inc', ("Owner"); and
WHEREAS, subsequent to the execution of the Agreement, the City has annexed real
property into the City of Winter Springs that are immediately adjacent to the eastern boundary of
the Property; and .
WHEREAS, at such time the adjacent properties. are developed they will require potable
water and sanitary sewer services which will likely be extended from the Property; and .
WHEREAS, extending potable water and sanitary sewer services to the adjacent
properties is consistent with and supported by the City's Comprehensive Plan; and
WHEREAS, providing for future vehicular access to and from the Property and the
adjacent property may minimize the traffic impact on DeLeon Street and Howard Avenue,
IN CONSIDERATION of the mutual covenants and provisions hereof, and other good
and valuable considerations, the receipt and sufficiency all of which is hereby acknowledged, the
parties desire to be legally bound and agree as follows:
1.0 Section (7) (E) (4) of the Agreement is amended to read as follows (strikeout
words are deletions and underlined words are additions to the original text):
The Owner will design its internal road network to preclude allow for the
future connection of the internal road network to adjacent properties to the east.
To further assure that the road system is not connected to future developments to
the east, Developer will dedicate on the plat or by separate recorded instrument
ten feet of property on the east property line of Owner's developable property to ,
the project's homeowner's association as a preserve area a landscape/buffer area.
The only improvements which shall be allowed in said preserve area shall be
those necessary to effectuate any type of scenic trail, as expressly authorized by
Owner. and the improvements required by the City to install utilities and a
roadway across the landscape/buffer area, Owner shall dedicate a utilities
"
t.
easement to the City across the landscapefbuffer area in a form deemed acceptable
to the City.
2.0 Section 7 (1) of the Agreement is amended to read as follows (strikeout words are
deletions and underlined words are additions to the original text):
To ensure continuation ofthe Cross SeminolelFlorida National Scenic
Trail, the Developer shall coordinate with Seminole County during the
subdivision platting process to explore opportunities that might exist to
extend the trail through the Property, including ,extension through the ten
(10) foot preserve landscape/buffer area required in section 7, part E,
paragraph 4 of this Agreement.
3.0 All other provisions contained in the Agreement which '!l"e not amended by this
Second Addendum shall remain unchanged and shall continue to be in full force
and effect.
4,0 This Second Addendum shall be recorded in the Public Records of Seminole
County and shall be binding on the Property and shall run with the land.
[This part of the page intentionally left blank]
,
.
WITNESSES:
ENGLE HOMES/ORLANDO, INC.
Print Name:
JOHN A. 'KRA YNICK, VICE PRESIDENT
Print Name:
STATE OF FLORIDA
COUNTY OF SEMINOLE
Subscribed and sworn to before me, the undersigned Notary Public, this _ day of
,2003, by John Kraynick, the Vice President of Engle Homes/Orlando, mc" a
Florida corporation, Owner, who is personally known, or has produced
as identification,
Notary Public
ATTEST:
CITY OF WINTER SPRINGS
ANDREA LORENZO-LUACES,
CITY CLERK
JOHNF.BUSH,MAYOR '
STATE OF FLORIlJA
COUNTY OF SEMINOLE
Subscribed and sworn to before me, the undersigned Notary Public, this _day of
,2003, by John F. Bush, who is personally known,
Notary Public
Jeanine Tubbs
ATTACHMENT B
To:
Cc:
Subject:
R~:' B8n;ngton estates - Seminole Trail Agreement
Thank you for your input. I will forward a copy of this e-mail to John Baker for his review and try to effect an early
meeting date and time to discuss this issue fully and review the Final Plat as submitted.
--Original Message--
From: dwmartin@co.seminole.fl.us [SMTP:c;lwmartin@co,semlnole.fl.us]
Sent: Wednesday, May 21, 2003 1:63 PM
To: Jeanlne Tubbs
Cc: fVanpeIt@co.seminole.fl.US; cmatheny@co.seminole.fl.us; MUchten@co.semlnole.fl.us
Subject: Re: Barrington ~:' Seminole Trail Agreement
Jeanine:
Cindy Matheny, Seminole County Engineering/Special Projects Section, was
the last person from our office to speak with John Baker in Ipte March or
early April of this year. I believed their discussion Was regarding the
recording of the final plat and the issue of an area for the secondary
route of the F=lorida National Scenic Trail. I do not know what they agreed
upQn or what conclusion they came to on the trail issue. I have not seen
the proposed pfat and do not know where Tract D is located. My last
involvement in this project was probably 2 years ago when I attended a
Winter Springs ORe meeting concerning this project. At that meetina the _\ ~""-,
development was to have a 10' tQ..26'\l\i1de easement or tract extending from~ r .
the most northeastern comer along the east boundary, turning west along
the south boundary, then south along the east boundary line to the front of
the subdivisl9n at SR434, then continued across the front of the
subdivision, then turned north along western boundary, then turning west
along the southem boundary to an existing utility easement. The trail
then follOws the utility easement to theSR 434 right-of-way. What I just
described is acCeptable to Seminole county but we should look at the plat
and meet with you and John Baker.
David W. Martin, P.E. /)?~'j./: ~
Principal Engineer, S~ Projects
Engineering DiViSion
520 W. Lake Mary Blvd., Suite 200
Sanford. Florida 32773
407-e65-5610
clWmartin@co,seminole.f1.us
RECEIVED
MAY 2 2 2003
2.' 20 pfY\
CITY o~ WINTER ~PR\NGS
Current PlannIng
"Jeanine fubbs"
<jtubbs@tousa,com
> cc:
Subject:
OS/2112003 12:23
PM
To: <clWmartin@co.seminole.fl.us>
Barrington Estates. Seminole Trail Agreement
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Prepared by and return to:
Anthony A, Garganese. Esquire
Brown, Salzman, Weiss & Garganese, P,A,
Post Office Box 2873
Orlando, Florida 32802-2873
(407) 425-9566
MARYANNE MORSE, ClERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 04863 PG 1635
CLERK'S # 2003100659
RECORDED 06/13/2003 01147118 PM
RECORDING FEES 15.00 .
RECORDED BY L McKinl.y
Second Addendum
Annexation and Pre-Develooment Af!reement
This Second Addendum is made and entered into the 10th day of June, 2003, by and
between the undersigned parties, as follows:
Witnesseth:
WHEREAS, the City of Winter Springs, and Battle Ridge Companies, Inc. previously
entered into that certain Annexation and Pre-Development Agreement, dated J~uary 26, 1998,
and a First Addendum to Annexation and Pre-Development Agreement was executed on June 25,
2002, to build a high quality residential development with municipal services (collectively
referred to hereunder as "Agreement"); and
WHEREAS, Engle Homes/Orlando, Inc., a Florida corporation, 1S the successor m
interest to the Battle Ridge Companies, Inc. ("Owner"); and
WHEREAS, subsequent to the execution of the Agreement, the City has annexed real
property into the City of Winter Springs that is immediately adjacent to the eastern boundary of
the Property; and
WHEREAS, at such time the adjacent properties are developed they will require potable
water and sanitary sewer services which will likely be extended from the Property; and
WHEREAS, extending potable water and sanitary sewer services to the adjacent
properties is consistent with and supported by the City's Comprehensive Plan; and
IN CONSIDERATION of the mutual covenants and provisions hereof, and other good
and valuable considerations, the receipt and sufficiency all of which is hereby acknow~edged, the
parties desire to be legally bound and agree as follows:
1.0 Section (7) (E) (4) of the Agreem,ent is amended to read as follows (strikeoHt
words are deletions and underlined words are additions to the original text):
JUN 1 3 200l
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FILE NUM 2003100659
OR BOOK 04863 PAGE 1636
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Owner's developable property to the project's homeowner's association
as a preserve area The only improvements which shaH.. be allowed in said
preserve area shall be those necessary to effectuate any type of scenic trail, as
expressly authorized by Owner, and the improvements required by the City to
install utilities across the preserve area. Owner shall dedicate a utilities easement
to the City in a form deemed acceptable to the City.
2.0 All other provisions contained in the Agreement which are not amended by this
Second Addendum shall remain unchanged and ~fuill continue to be in full force
and effect.
3.0 This Second Addendum shall be recorded in the Public Records of Seminole
County and shall be binding on the Property and shall run with the land,
ANIEL 1. ROBERTS, VICE PRESIDENT
GJ'rint Name:jf/!;1// # C 12]1d
(J~
Print Name: Aru~5+.cc/t.J
STATE OF FLORIDA
COUNTY OF ORANGE
Subscribed and sworn to before me, the undersigned Notary Public, this ~ day of
June, 2003, by DanielL. Roberts, Vice President of Engle Homes/Orlando, Inc., a Florida
corporation, Owner, who is X personally known, or has produced
as identification.
Cl4-~~
Notary Public
,~'1i.rH:.'tr. Anita Stahl
h"'~'~'d MYCOMMISSION# 00111636 EXPIRES
~'~',!l.; May 3, 2006
Page 2 of 3 "'~Rr.,ih<t-" BONDED THI/U TI!OY FAIN INSURANCE INC.
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FILE NUM 2003100659
OR BOOK 04863 PAGE 1637
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ORENZO-LUACES,
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STATE OF FLORIDA,
COUNTY OF SEMINOLE
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Subscribed and swore to before me, the undersigned Notary Public, this (:;.. day of
9 LM.JI ,2003, by John F. Bush, who is personally known,
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Notary Public
A'~ Deborah L GnluPe .
*1* M'/ Commission cc920808
'\;.,,~ ~ires March 21. 2004
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