HomeMy WebLinkAboutAmerican Land Investments of Central Florida, LLC - Agreement- Mermel Property -2013 AGREEMENT BETWEEN SEMINOLE COUNTY,WINTER SPRINGS,AND
AMERICAN LAND INVESTMENTS OF CENTRAL FLORIDA,LLC
RELATED TO THE MERMEL PROPERTY
THIS AGREEMENT is made and entered into this day of Y e& her ,2013,
by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose
address is 1126 East State Road 434, Winter Springs, Florida 32708, herein after referred to as
the "CITY," SEMINOLE COUNTY, a political subdivision of the State of Florida, whose
address is County Services Building, 1101 East First Street, Sanford, Florida 32771, herein
referred to as the "COUNTY," and AMERICAN LAND INVESTMENTS OF CENTRAL
FLORIDA, LLC, whose address is 7575 Dr. Phillips Blvd., Suite 265 Orlando, Florida 32819
herein referred to as the"PROPERTY OWNER."
WITNESSETH:
WHEREAS, the PROPERTY OWNER owns or controls certain real property located in
Seminole County, Florida consisting of approximately 4.51 +/- acres, as described in Exhibit A
attached hereto and incorporated herein by reference, hereinafter referred to as the "Merrnel
Property"; and
WHEREAS, the Mermel Property is assigned the Seminole County Rural-3 future land
use designation which permits development of up to 1 dwelling unit per 3 acres; and
WHEREAS, the CITY has a substantial interest in protecting the public interest within
the City of Winter Springs by regulating planning and growth management pursuant to Chapter
163 of the Florida Statutes, the Winter Springs Comprehensive Plan, and the Winter Springs
Land Development Code; and
WHEREAS, the COUNTY has a substantial interest in protecting the public interest
within the County boundaries by enforcing the terms and conditions,of the Seminole County
Home Rule Charter; and CERTIFIED C60Y
MARYANNE MOIRSE
CLE OF CIRCUI 03
Mermel Property Agreement SEMI 0 E COUNT 1AIDA
Page 1 of 8
By
EPUT1!.C E
WHEREAS, on September 2, 2004, the Seminole County Board of County
Commissioners adopted Ordinance No. 2004-36 proposing to the electors an amendment to the
Seminole County Home Rule Charter that would establish a Rural Area within the County (the
"Charter Amendment"); and
WHEREAS, the Charter Amendment-was approved by referendum vote at the general
election of November 2004; and
WHEREAS,,the Mermel Property is located within the Seminole County Home Rule
Charter Rural Area; and
WHEREAS, the Board of County Commissioners previously excluded existing
incorporated land from the proposed Charter Amendment Rural Area; and
WHEREAS, pursuant to Article V, Section 5.2 B. of the Seminole County Home Rule
Charter, the Board of County Commissioners may remove property from the Rural Area, by
County ordinance; whenever in the opinion;.of.:the Board of County Commissioners such a
change is necessary; and
WHEREAS, on July 22, 2013, at the request of the PROPERTY OWNER the CITY
approved the First Reading of a voluntary annexation petition of the Mermel Property and;
WHEREAS, the CITY will hold a second Public Hearing to consider adoption of the
ordinance enacting the annexation of the Mermel Property on August 26,2013; and
WHEREAS, the parcels immediately adjacent to three sides of the Mermel Property are
assigned zoning designations that would permit higher intensity land uses including: R-C 1
(Winter Springs), single family dwelling to the north; R-1 (Oviedo), low density single family
residential to the south; and R-IA (Winter Springs), low density single family residential to the
west; and
Mermel Property Agreement
Page 2 of 8
a
WHEREAS, it is the intention of the PROPERTY OWNER to incorporate the Mermel
Property into a larger, adjacent 51.15 +/- acre low density, single family planned development
known as "Southern Oaks," located within the Cities of Winter Springs and Oviedo, which is
expected to receive Preliminary Subdivision Plan approval from the CITY on September 9,2013
and which received approval from the City of Oviedo on August 5,2013 for those portions of the
development located within the jurisdictional limits of Oviedo; and
WHEREAS, the PROPERTY OWNER has requested that the Board of County
Commissioners adopt an ordinance removing the Mermel Property from the Rural Area, and
amending the Rural Boundary accordingly, in order to accommodate the uses as described in this
Agreement for the aforementioned planned development located within the Cities of Winter
Springs and Oviedo;
NOW, THEREFORE, in consideration of the mutual covenants and promises by and
between the parties hereto, and for other good and valuable consideration, each to the other
provided the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
Section 1. Recitals. The above recitals are true and are incorporated herein as
legislative findings.
Section 2. PROPERTY OWNER's Responsibilities.
(a) The PROPERTY OWNER acknowledges that the Mermel Property is located
within the Rural Area as established within the Seminole County Home Rule Charter. The
PROPERTY OWNER further acknowledges that, pursuant to Article V, Section 5.2 C. of the
Seminole County Home Rule Charter, the land use designations contained within the Seminole
County Comprehensive Plan shall control the density and intensity of development in the Rural
Mermel Property Agreement
Page 3 of 8
Area, and that the Board of County Commissioners must approve all changes to the future land
use designations within the Rural Area.
(b) With regard to the Mermel Property particularly described in Exhibit A and with
the consent of the COUNTY and the CITY, the PROPERTY OWNER has voluntarily requested
and agreed to limit the development of the Mermel Property as follows:
(1) Stormwater retention facilities, internal access drive and utilities
associated with a 95 unit residential subdivision adjacent to the Mermel Property;
(2) A tot-lot associated with a 95 unit residential subdivision adjacent to the
Mermel Property;
(3) Green space/passive recreation;
(4) The Mermel Property shall not have any structure requiring a building
permit nor any residential lot or part thereof;
(5) The only artificial lights permitted on the Mermel Property shall be
security lighting which shall comply with the International Dark Skies Association standards;
and
(6) The acreage of the Mermel Property shall not be included in the density
calculation of the adjacent Southern Oaks subdivision (even if the Mermel Property is removed
from the Rural Area).
(c) The PROPERTY OWNER shall ensure that all changes contained within this
Agreement are reflected in its submittal of the final site plan application.
(d) Within thirty (30) days of the execution of this Agreement by the parties, the
PROPERTY OWNER will record restrictive covenants for the Mermel Property restricting
development consistent with Section 2(a) and (b) above. Said restrictive covenants will be
subject to the approval of the COUNTY and the CITY, and such approval shall not be
Mermel Property Agreement
Page 4 of 8
q i
unreasonably withheld. Such restrictions shall run with the land in favor of the COUNTY. All
costs of recording said restrictive covenants will be borne solely by PROPERTY OWNER.
Section 3. CITY's Responsibilities.
(a) The CITY acknowledges that the Mermel Properly is located within the Rural
Area as established within the Seminole County Home Rule Charter. The CITY further
acknowledges that, pursuant to Article V, Section 5.2 C. of the Seminole County Home Rule
Charter, the land use designations contained within the Seminole County Comprehensive Plan
shall control the density and intensity of development in the Rural Area, and that the Board of
County Commissioners must approve all changes to the future land use designations within the
Rural Area.
(b) The CITY agrees that the acreage of the Mermel Property shall not be included in
the density calculation of the adjacent Southern Oaks subdivision, even if the Mermel Property is
removed from the Rural Area.
(c) The CITY agrees to assign land use and zoning designations to the Mermel
Property that are consistent with the PROPERTY OWNER's obligations outlined in Section 2 of
this Agreement.
(d) The CITY agrees that any development approvals shall be consistent with the
PROPERTY OWNER's obligations in Section 2 of this Agreement and with the future land use
and zoning designations required in Section(c) above.
Section 4. COUNTY's Responsibilities. The COUNTY shall consider adoption of an
ordinance enacting the PROPERTY OWNER's request to remove the Mermel Property from the
Rural Area and the associated modification of the Rural Boundary pursuant to Article V, Section
5.2 B. of the Seminole County Home Rule Charter. The COUNTY acknowledges that approval
Mermel Property Agreement
Page 5 of 8
of the aforementioned Ordinance is a material inducement to both the CITY's and the
PROPERTY OWNER's consent to their respective obligations as enumerated in this Agreement.
Section 5. Effective Date. This Agreement shall take effect immediately upon the
execution by all three parties.
Section 6. Notices. Whenever any party desires to give notice unto the other,it must be
given by written notice, sent by certified United States mail, with return receipt requested,
addressed to the party for whom it is intended at the place last specified and the place for giving
of notice shall remain such until it shall have been changed by written notice in compliance with
the provisions of this Section. For the present, the parties designate the following as the
respective places for giving of notice,to wit:
For COUNTY:
Development Services Department
1101 East First Street
Sanford,Florida 32771
For CITY:
City of Winter Springs
1126 East State Road 434
Winter Springs,Florida 32708
For PROPERTY OWNER:
American Land Investments of Central Florida,LLC
7575 Dr. Phillips Boulevard, Suite 265
Orlando, Florida 32819
Section 7. Non-Severability. The terms and provisions of this Agreement are not
severable and in the event any portion of this Agreement and the restrictive covenant required by
Section 2(d)is found to be invalid or illegal,then the entire Agreement shall be null and void.
Section 8. Entire Agreement.
Mermel Property Agreement
Page 6 of 8
(a) It is understood and agreed that the entire agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
Section 9. Disclaimer of Third Parties. No third parry shall have any rights hereunder
or as a result of this Agreement or any right to enforce any provisions of this Agreement.
[Balance of this page left intentionally blank]
Mermel Property Agreement
Page 7 of 8
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
for the purposes stated herein.
AMERICAN LAND INVESTMENTS OF
CENTRAL.FLORIDA.,INC.
Wi By:
Print Name Title:
Printed Name
Witn�s
�►'I Date: 25 T�� Al
Print Name
ATTES CITY OF WINTER SPRLNGS
By:
AN7 . L . ZO,City Clerk CICAIKES LA l� : O1
Date: September 4, 2. 13
BOARD OF COUNTY CON MISSIONvTERS
ATTEST: SEMINO CO A
-- By:
Y' y MORSE R,111ERT DALL Chairman
Clergy:to the Board of
{"ounty Commissioners of
,-,'rminole County,Florida. Date: 9 ' S `12
For the use and reliance As authorized for execution by the Board of County
Seminole County only. Commissioners at its .2 7 ,20_a,
regular meeting.
Approved as to form and
legal sufficiency.
Coun Attomey
Attachment:
Exhibit A Legal Description
MCC
8/21/13
PAUserALegal Secretary CWPlanning&DevelopmentWermel Property Agreement(1).&cx
Mermel Property Agreement
Page 8 of 8
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6
}SZETCH AN.D .DESCRIPTION LEGIBILITY UNSATISFACTORY
NOT A BOUNDARY SURVEY FOR SCANNING
DESCRIPTION AS FOLLOWS:
A portion of the South 112 of the Southeast 114 of the Southwest 114 of the Northwest 114 of
Section 3, Township 21 South, Range 31 East lying West of Deleon Street(40.00 feet right—of—way)
being more particularly described as follows:
Commence at the West 114 corner of Section 3, Township 21 South, Range 31 East, Seminole
County, Florida; Thence run N89'41'15"E, along the Fast—West center section line of said Section 3,
660.33 feet to Point of Beginning being on the West line of the South 112 of the Southeast 114 of
the Southwest 114 of the Northwest 114 of said Section 3; Thence run N00'2927"W, along said West
line, 309.35 feet; Thence run N89'40'28'E, 635.30 feet to a point 5.00' West of the West
right—of—way line of Deleon_ Street(40.00 feet right—of—way); Thence run SOO'29'49"E, parallel to and
5.00 feet Westerly of said right—of—way line, 309.49 feet; Thence run S89°41'15"W, 635.33 feet to the
Point of Beginning. containing 196,579 square feet or 4.51 acres more or less.
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25.00' LOT 20 25.00'
(P.B.1, PAGE 31)
G.R USENMEYER - SCOTT & ASSOC., INC. -- LAND SURVEYORS
LEGEND - LECEND - 5400 E. COLONIAL DR. ORLANDO, FL. 32807 (407)-277-3232 FAX (407)-658-1436
P =Pus R ° RADIUS L ARC LENGTH
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P.O.C. .� POINT OF COMM MIDAENT P.C.C. POINT OF COMPOUND CURVATURE WFOR`WITIONN.PURPOSES ONLY.
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P.C. POINT OF CURVATURE CONC. =CONCRETE 7. BEARAW, IF SHOWA ARE BASED ASSUMED DATUM AND ON THE LINE SHOWN AS RASE BEARNG
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O.R. °oFRCw.rLECOaos eta r C�ER 9. UNE BASED ON SECTION BREAKDOWN BY OTHERS AS SHOWN IN BOUNDARY LINE AGREEMENT PLR
CERTIFIED BY. �� O.R. 7555, PACE 1337 FOR IX1Y OF WINTER SPRINGS
l —-- ¢' �1`1�_ DATE ORDER
R.LS. #
JAMES W. SCOTT, R.LS # 4801 TOM X. GRUSENMEYER, R.L.S. # 4714 06-11-2013 3946-13
SCALE:
I' = 200' SKETCH AND DESCRIPTION .FOR/CERTIFIED TO: DEVELOPMENT C.
NORIN
a.
ZETCH AJV.D .DE S''CI IPTIDIV LEGIBILITY UNSATISFACTORY
NOT A BOUNDARY SURVEY FOR SCANNING
DESCRIPTION AS FOLLOWS: .
A portion of the South 112 of the Southeast 114 of the Southwest 114 of the Northwest 114 of
Section 3, Township 21 South, Range 31 East lying West of Deleon Street(40.00 feet right—of—way)
being more particularly described as follows:
Commence at the West 114 corner of Section 3, Township 21 South, Range 31 East, Seminole
County, Florida; Thence run N89'41'15"E, along the East—West center section line of said Section 3,
660.33 feet to Point of Beginning being on the West line of the South 112 of the Southeast 1/4 of
the Southwest 114 of the Northwest 114 of said Section 3; Thence run NOO'29'27'W, along said West
line, 309.35 feet; Thence run N89'40'28'E, 635.30 feet to a point 5.00' West of the West
right—of—way line of Deleon. Street(40.00 feet right—of—way); Thence run S00'29'49"E, parallel to and
5.00 feet Westerly of said right—of—way line, 309.49 feet; Thence run S89"41'15"W, 635.33 feet to the
Point of Beginning, containing 196,579 square feet or 4.51 acres more or less,
v
NOT PLATTED
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(P.B.I, PAGE 31)
CRUSENMEYER - SCOTT & ASSOC., INC. - LAND SURVEYORS
LECT D 5400 E. COLONIAL DR. ORLANDO, FL. 32807 (407)-277-3232 FAX (407)-658-1436
FIELD P =PEAT R ° RADIUS 5400
OF AUTHORIZATION - LB 4596
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P.O.0 POINT OF COMNENCDAENT P.CC + POINT OF COMPOUND CURVATURES PURPOSES ONLY.
g =CENTFKME RAD, RAU1N_ 3. THIS SKETCH WAS PREPARED FROM MU INFORMATION FURNISHED TO THE SURVEYOR THERE
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. +�t WAY CALL. m TED NO UNDERGROUND MfPROVEMf]JT5 HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN.
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DESC. +DESCRIPTION LO. : IDENTIFICATION 8. ELEVATIONS. IF SHOWN.ARE 94SED ON NOW 1929, UNLESS 01NOmm NOTED.
O.R. +OFFICIAL RECORDS MR NCofu4m e. UNE BASED ON SECTION BREAKDOWN BY OTHERS AS SHOWN iN BOIU+tITAi Y LINE AGREEMENT'PER
CERTIFIED BY. O.R. 7555, PACE 1331 FOR CiTY OF WINTER SPRJNOS
R.LS. jf A¢2 1 It_ DATE ORDER jf
JAMES W. SCOTT, R.LS j 4801 TOM X. GRUSENMEYER, R.L.S. 4714 06-11-2013 3946-13
SCALE
I' = 200' SKETCH AND DESCRIPTION FOR/CERMYED TO: DEVELO'P�C.
NORTH