Loading...
HomeMy WebLinkAboutRoberts Wayne P. Roberts and Robin R. Roberts -2000 11 02 . . ~~ . ;- J CITY OF WINTER SPRINGS ANNExATION AGREEMENT THIS ANNEXATION AGREEMENT is made this _ day of 2000, by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation ("City"), whose address isl126 East State Road 434, Winter Springs; Florida 32708, and WAYNE P. ROBERTS and ROBIN R. ROBERTS, whose address is 4203 Metric Drive, Winter Park, Florida 32792 ("Owners"). RECITALS: WHEREAS, the City, acting by and through its City Commission, has under consideration a request by the Owners for sewer and/or water service to lands owned by the Owners and located outside of the City's municipal limits, said lands ("Property") being more fully described in Exhibit "A", which is attached hereto and made a part hereof by reference; and WHEREAS, pursuant to the policies of the City of Winter Springs, in order to obtain sewer and/or water service outside the municipal corporate limits of the City of Winter Springs, the Owners must enter into a binding agreement to annex the Property at such time as the City may determine, by law, that it is in the best interests of the City to annex the Property into the City of Winter Springs; 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, Owners acknowledge and agree that the City could suffer a loss of revenue and would be unable to ensure adequate services to its own residents if Owners were to receive sewer and/or water service from the City without the condition of executing this Annexation Agreement; and WHEREAS, the Owners acknowledge that the condition of executing this Annexation Agreement prior to obtaining sewer and/or water service from the City is a reasonable and lawful condition. Allen's Creek Properties, Inc. v. City of Clearwater, 679 So. 2d 1172 (Fla. 1996). 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 Dateffermination. This Annexation Agreement shall become effective upon execution by both parties and shall remain in effect until the Property is actually annexed into the City of Winter Springs or sewer and/or water service provided by the City is permanently discontinued. 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. In consideration of Owners paying the City an amount equal to Five Thousand and no/lOO Dollars ($5,000.00), City agrees to run and install a water and sewer line along Orange Avenue to the Owners' property line abutting Orange A venue. The City will install the water and sewer line in accordance with the City's plans and specifications within ninety (90) days of the City receiving-the Five Thousand and no/l 00 Dollars ($5,000.00) payment from Owners. Owners shall be solely responsible for the installation and payment of any infrastructure (including pump station) required to connect Owners' house to the water and sewer line installed by the City on Orange A venue. Owners' installation shall first be approved by the City 2 subject to the City's sewer and/or water connection guidelines. Owners 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 Owners to connect to the City's sewer and/or watersystem. Owners agree 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. At such time the Property should ever become eligible for annexation, the Owners hereby consent to the annexation of the Property by, and to, 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 Commission of the City of Winter Springs. A determination by the City that the Property is eligible for annexation shall be binding on the Owners. Owners hereby waive any right to object to, or appeal, the City's decision to annex the Property. Furthermore, Owners hereby agree not to register any written or verbal opposition to the City's annexation of the Property. 5. Annexation Petition. Upon request by the City, the Owners agree to execute any and all reasonable instruments to effectuate the annexation of the Property, providing the City 3 '~~l .~v ~.. ~F' :~~:~ t: \ has determined, in its sole and absolute discretion, the Property is eligible for annexation. The Owners shall have thirty (30) days to execute the instruments necessary to annex the Property into the City. In the event the Owners fail or refuse to execute the instruments, this Annexation Agreement shall constitute the required Petition for Annexation pursuant to Chapter 171, Florida Statutes. 6. 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 substantially similar and comparable zoning and comprehensive plan land use designations as imposed by Seminole County upon the Property at the time of annexation, or as altered by application of the Owners. 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. 7. Compliance With Laws and Ree:ulations. Owners shall comply with all requirements of federal, state, and local laws, rules, regulations, standards, and/or ordinances applicable to the annexation and sewer and/or water services under this Annexation Agreement. For purposes of this paragraph, local laws include, but are not limited to, all ordinances, rules, and regulations of the City relating to annexation and sewer and/or water services regardless of the fact the Property, while located outside of the City boundaries, is not technically under the jurisdiction of the City. Owners and City agree that all such City Ordinances, rules, and regulations, as may be. 4 amended or adopted from time to time, are hereby fully incorporated into this Annexation Agreement by this reference. 8. Owners' Representations and Warranties. Owners represent and warrant that Owners possess fee simple title to the Property, that Owners have full power and authority to enter into this Annexation Agreement, that the undersigned are vested with full authority to execute this Annexation Agreement on behalf of Owners, and that upon execution of this Annexation Agreement the same will be fully binding and enforceable according to its terms. 9. Recordation. The Owners agree and consent 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 Owners. 10. Bindin~ 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. .11. Attorneys' Fees. In the event of litigation arising out of or relating to this Annexation Agreement, the prevailing party shall, to the extent permitted by law, be entitled to recover all its reasonable expenses, including attorneys' fees, costs, and other expenses. reasonably and necessarily incurred, through all administrative, trial, post judgment, and appellate proceedings, to the extent permitted by law. 12. Counterparts. This Annexation Agreement may be executed in several counterparts and each counterpart shall constitute an original. 13. Headines. All headings in this Annexation Agreement are for convenience only and shall not be used to interpret or construe its provisions. 5 ;"~~'~ , ~.~ .'; .~ '11 t.l ~I: 14. Severability. If 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 Owners. 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: City of Winter Springs City Manager City of Winter Springs City Hall 1126 East StakRoad 434 Winter Springs" Fl. 32708-2799 Phone: 407-327-1800 Fax: 407-639-7575 TO THE OWNERS: Wayne P. Roberts and Robin R. Roberts 4203 Metric Drive Winter Park, Florida 32792 6 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. 18. Drafting. City and Owners 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 Immunity. 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 the presence of ~(a:? A YNE P. R~~RTS, Owner ~ ~a~~ RO IN R. ROBE~TS, 0 er <: L.~ R Ie? /,...) c~n-- ..-J ~!:i~ Print Name: /'. ~ 7 11!l ',11\ ~~:1 :i;.; l',!' STATE OF FLORIDA COUNTY OF SEMINOLE L-l). ). 'J' ;.1 hereby certifY. that the foregoing instrument was. acknowledged before me this C;; / day of I fJ (l.( 'JiJ1...fIC1 ,~OO~,by w A Y~E P. ROBERTS, 0 who is personally known to me, or-Y;ho has produced 1-1('(,,'I.(;u.. /<.lb3 - Sq~ - L) if - as identification. 'I~t-() . STATE OF FLORIDA COUNTY OF SEMINOLE '-11 r~ '. I I hereby certifY that the foregoing instrument was acknowledged before me this :J Iday of / I L0...l~f1'L,{/te ,2000,by ROBIN R. ROBERTS, 0 who is personally known to me, or ~ho has produced I d(~, f? / h -3 ~ '166 - as identification. 5"1---;5/- () LH a y * Com Ission.cci7413S \ , ~....",...., Expires Septemb&f 1liI OOQ2/.; CIT(:~~fs?u.'. ".' :~.iQ~?~" BY,~_, ~.. ,; PAUL P. PARTY~..~.aye~~. '\,".",' ...:...... '!:i ,\\ 1\\ 1> " II l J I, I. ',.) \. , " .,1 , ~, '. r '\, A!P'EST: . . I " ! \ (! '. ;L".I"'-- .. "ANDREA L City Clerk L ZO-LUACES STATE OF FLORIDA COUNTY OF SEMINOLE I hereby certifY that the foregoing instrument was ac ~ i?,0(L- ,2000, by 9-4.Vho is personally known to me, or 0 identification. owl edged before me this /2? '1h. day of of \ili~JL- 5~ ' roduced as ~m~~~ NOTARY PUBLIC . 1i Deborah l Gillespie * * My Commission' CC920806 ~ . ~,,,\.,, Expires March 21, 2004 F:\DOCS\City of Winter Springs\Annexations\Annexation Agreement.Roberts.kj 8 . . . " ~ (~ '"'(" uuuu {"'. " 'IV ( ,,' SCHEDULE A MARYANNE P":OHSE CL €RI'. 0;> CIF.ClJ!T COU;':: 5EMIHOl. t C.01JN i ":. ::~ RECORDED &. VERIFlEC ~ nus INSTRUMENT fREPAJU:.PH AND SlIOllLD BE RHnl1tNro TO, C. Bn:nrM4Ca,htcn. Esquire WI/1derwecdl.. Haines. Ward & WlIOdnwl. f.A. PaSl Ofrltl: bo. &80 W IlIltI Pin. A. 32790-0880 21531 J 1958.u -9 PM 4: 26 \oN en .s:- QlQ IT! .c- Q~ ::f g..., 52 0 ~(; o j; r- r- ~ n :~ WARRANTY DEED ~ C;l~ . ~ - ~o 1HlS WARRANTY DEED made and executed the j~ it, day of Mrt; ,A.D.. _ . "<.r. 1998. by Wll..LIAM LEE SANDERS, JR., whose mailing address is PoSt Of ~ Box 2071, Columbus, Mississippi 39704 ("GRANTOR") to WAYNE P. ROBERTS and ROBIN R. ROBERTS, husband and wife, whose address is\rGRANTEE~): tJ f: Iclo~ o~ <.eDI~ A >Ie.. lA.,",h.r rcu"t:.. (. d.11K:If (Wherever used herein the terms 'grantor~ and "grantee" itx:lude all the parties to this i1lSll1.lmeDL lUld the heirs, legal represenratives and assigns of individuals, and the successors and assigns of corporations) Property folio number: 26-2Q-3Q..5AR-OBOO-0060 WITNESSETH 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 confinns unto the Grantee, all that certain land situate in Semioole County, Florida. viz: Lot 6, less the East 150 feet, Block B, MITCHELL SURVEY OF THE LEVY GRANT, according to the map or plat thereof as recorded in Plat Book I. Page 5, Public Records of Seminole County. Florida. Grantor represents that Grantor is a resident of Columbus. Mississippi, does not reside on the above--described propeny. and such property does not co~titute the constitutional homestead of the Grantor. EXHIBIT i JJA II .