2009-38~:
INTERLOCAL AGREEMENT
BETWEEN
LAKE COUNTY
AND
CITY OF CLERMONT
RELATING TO STEVE'S ROAD (#1248)
RIGHT OF WAY ANNEXATION AND
TRANSFER OF JURISDlCTlOPI
THIS IS an Agreement by and between LAKE COUNTY, a political subdivision of
the State of Florida, hereinafter referred to as "COUNTY"
And
The City of Clermont, a municipal corporation pursuant to the laws of the State of
Florida, hereinafter referred to as "City":
WHEREAS, City has requested to annex info the City municipal limits a section
of public right of way, and to transfer jurisdiction of said public right of way, known as
Steve's Road, located adjacent to the existing Clermont City Limits, lying Easterly of US
Highway 27, to the Westerly line of Citrus Tower Blvd lying in Sections 29 & 32,
Township 22 South, Range 26 East, Lake County, Florida, more particularly described
in attached Exhibit "B", hereinafter known as ("Property"); and,
WHEREAS, City desires that County as owner of the property execute a
Petition of Landowner(s) for Annexation of Certain Property to the City of Clermont,
Florida {"Annexation Petition") regarding the annexation of the Property; and,
WHERAS, all the property is no# completely contiguous with City's boundaries
and thus, County desires that City agree after the Property is annexed into the City's
municipal limits it shall not be used in any manner as a means to annex future
properties; and
WHEREAS, County and City find that annexing the Property into city's municipal
limits will allow for greater police protection, traffic control and safety of the area
surrounding and including Steve's Road; and,
WHEREAS, said right of way covers a County maintained road known as Steve's
Road, located adjacent to the City of Clermont; and,
WHEREAS, County agrees #o transfer jurisdiction of said right of way to the City
as requested in accordance with Florida Statute Section 335.0415; and,
WHEREAS, this right of way annexation and jurisdiction transfer is mutually
agreed upon by the County and City; and,
WHEREAS, County and City find it is in the best interests of County and all of its
citizens to enter into this Agreement to provide for these matters; and,
NOW THEREFORE, IN CONSIDERATION of the mutual promises, conditions
and covenants provided for herein, the parties agree as follows:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. County and City hereby enter into this Agreement for the purpose
of annexing and transferring jurisdiction of the Property described as Steve's Road,
according to right of way deeds, as recorded in Official Records Book 2711, Pages
1699, 1723, 1733, 1748 and 1756; Perpetual Grading Easements in Official Records
Book 2934, Pages 744, 750 and 754, Official Records Book 3551, Pages 944, 958, 964
2
and 973, Official Records Book 3556, Page 1041 and Official Records Book 3600, Page
1781; Drainage Easements in Official Records Book 339, Page 762, Official Records
Book 3551, Pages 948, 953 and 968; Plat Book 2, Page 25, Plat Book 3, Page 24, Plat
Book 50, Page 64 and Plat Book 57, Page 23, Public Records of Lake County, Florida,
lying in Sections 29 & 32, Township 22 South, Range 26 East, Lake County, Florida.
Section 3. County agrees to execute a City Annexation Petition regarding the
annexation of the Property. The County Manager is authorized to execute the subject
annexation petition. Such Annexation Petition shall be in substantially the same format
as the Annexation Petition attached here to as Exhibit "A".
Section 4. City agrees that after the Property is annexed into City's municipal
limits the Property shall not be utilized by City in any manner as a means to annex
future properties. For example, once the Property is annexed into City's municipal limits
the boundaries of the Property shall not be used to determine whether other real
property desired by City to be annexed into its municipal limits is contiguous to City's
boundaries.
Section 5. County agrees to transfer to the City of Clermont, al{ rights and title,
for Steve's Road, including right of way dedicated in Official Records Book 2711, Pages
-1699, 1723, 1733, 1748 and 1756, Perpetual Grading Easements in Official Records
Book 2934, Pages 744, 750 and 754, and Official Records Book 3551, Pages 944, 958,
964 and 973, Official Records Book 3556, Page 1041 and Official Records Book 3600,
Page 1781; Drainage Easements in Official Records Book 339, Page 762 and Official
Records Book 3551, Pages 948, 953 and 968; Plat Book 2, Page 25, Plat Book 3, Page
3
Interlocal Agreement between Lake County and City of Clermonf (relating to the Annexation and Transfer of
Jurisdiction for Steve's Road}.
24, Plat Book 50, Page 64 and in Public Records of Lake County, Florida.
Section 6. City agrees to accept jurisdiction of said right of way as described
above for Steve's Road.
Section 7. Entire Agreement. This document incorporates and includes all
prior negotiations, correspondence, conversations, agreements, or understandings
applicable to the mat#ers contained herein and the parties agree that there are no
commitments, agreements, or understandings concerning the subject matter of this
Agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representations or
agreements whether oral or written.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: Lake County through its
Board of County Commissioners, signing by and through its Chairman, authorized to
execute same by Board action on the ~ day of ~-~c. • , 2009, and
duly authorized to execute same.
4
Interlocal Agreement between Lake County and City of Clermont (relating to the Annexation and Transfer of
Jurisdiction for Steve's Road}.
ATTEST:
Ne Kell C rk
of the Board of Co
Commissioners of
Lake County, Florida
Approved as to form and legality
~-~1c~c~.o~~a ~
Ap ove_ s topform and legalit
~,
an .~ J==
City Attorney
COUNTY
LAKE COUNTY, through its
BOARD OF COUNTY COMMISSIONi/RS
~_ ~ -~.~,, ~~1
- ~
Welton G. Cadwell, Chairman
This ~~ day of ~2-~~h2~~%'', 2009
CITY OF CLERMONT
urville, Mayor
This o? 7~day of t~C.-~ob e12 , 2009
Melanie Marsh,
Acting County Attorney
City of Clermont -Steve's F2oad
Annexation and Transfer of Jurisdiction Agreement
Exhibit "A"
PETITION OF LANDOWNER{S) FOR ANNEXATION OF CERTAIN
PROPERTY TO THE CITY OF CLERMONT, FLORIDA
WE, the undersigned landowner(s) pursuant to the provisions of Chapter 59-1497
(Senate Bill No. 912), Laws of Florida, Regular Session 1959, entitled:
AN ACT TO AMEND CHAPTER 9820, LAWS OF FLORIDA, SPECIAL ACT OF
1923, AS AMENDED, BEING THE CHARTER OF THE CITY OF CLERMONT,
FLORIDA, TO PROVIDE ENABLING LEGISLATION FOR THE FUTURE
ANNEXATION OF CONTIGUOUS TERRITORY BY PETITION AND CONSENT OF
THE LANDOWNER(S) IN THE AREA SOUGHT TO BE ANNEXED; PROVIDING THAT
THE PROPERTY ANNEXED SHALL BE LIABLE FOR ITS PROPORTIONATE SHARE
OF THE EXISTING AND FUTURE INDEBTEDNESS OF SAID CITY; AND PROVIDING
THAT SUCH ANNEXED TERRITORY SHALL BE SUBJECT TO ALL LAWS AND
ORDINANCES OF SAID CITY AS IF ALL OF SUCH TERRITORY HAD BEEN A PART
OF THE CITY OF CLERMONT AT THE TIME OE THE PASSAGE AND APPROVAL
OF SAID LAWS AND ORDNNACES; AND FIXING EFFECTIVE DATE,
Hereby petition that the real estate described as Steve's Road, according to Right
of Way Deeds, as recorded in Official Records Book 2711, Pages 1699, 1723, 1733,
1748 and 1756, Perpetual Grading Easements in Official Records Book 2934, Pages
744, 750 and 754 and Official Records Book 3551, Pages 944, 958, 964 and 973,
Official Records Book 3556, Page 1041 and Official Records Book 3600, Page 1781,
Drainage Easements in Official Records Book 339, Page 762, Official Records Book
3551, Pages 948, 953 and 968; Plat Book 2, Page 25, Plat Book 3, Page 24, Plat Book
50, Page 64 and Plat Book 57, Page 23, Public Records of Lake County, Florida, lying
in Sections 29 & 32, Township 22 South, Range 26 'East, Lake County, Florida, be
annexed to, and become a part of the city limit of the City of Clermont. A municipal
corporation in Lake County, Florida, created and existing pursuant to Chapter 9820,
Laws of Florida ,Special Acts of 1923, and amendatory and supplementary acts
thereof, and we, jointly and severally, consent to such annexation of such area to said
City of Clermont, and upon annexation sought by this petition, all of the property, real
and personal, within such area, and the inhabi#ants thereof shall be subject to the
governmental jurisdiction, powers, franchises, duties, and privileges of said City of
Clermont, Florida and the said property shall be liable, proportionally, for all the present
outstanding and existing, as well as future, indebtedness of the said City of Clermont,
Florida; that all of the ordinances of the City of Clermont, all laws heretofore passed by
the Legislature of the State of Florida, relating to and which now or hereafter constitute
its Charter shalt apply to have the same force and effect in such territory as
6
Interlocal Agreement between Lake County and City of Clermont (relating to the Annexation and Transfer of
Jurisdiction for Steve's Road}.
may be annexed under the provisions hereof as if all of such territory had been part of
the City of Clermont at the time of the passage and approval of said laws and
ordinances.
IN WITNESS WHEREOF, we the undersigned landowner(s), as petitioners}
have hereto set our hand(s) and seal(s) as of the ~_ day of her' • , 2009.
•t~+'Y'y;~:•. WENDY L TAYLOR
~• .= MY COMMISSION N DD 671062
~•.;~ EXPIRES: September 5, 2011
`~;~r, ~.~:'~ Bonded Th~v Fleury PubYc Undemmters
c~ {~
NOTARY PU IC, State of Florl a
My Commission Expires:
Board of County Commissioners
of Lake County, Florida
13y:
Sanford A. Minkoff
Interim County Manager
S:1Right of WayWnnexatlon Agreements-RW1Steves Road Annex and TOJ -revised 1.doc
EXHIBIT "B"
Begin at the intersection of the Easterly right of way line of US
Highway 27 and the Northerly right of way of Steve's Road (#
1248), as described in Official Records Book 2711, Page 1748,
recorded in Public Records of Lake County, Florida, said point
being in Section 29, Township 22 South, Range 26 East; thence
run Easterly along said Northerly right of way of said Steve's
Road to the West right of way line of the Citrus Tower Blvd as
shown in the Piat of Lost Lake as Recorded in PB 50, Pg 64, of
Lake County, Florida; thence run South along said West right of
way line of Citrus Tower Blvd to a point being on the Southerly
right of way line of Steve's Road; thence Westerly along said
Southerly right of way line of Steve's Road to the intersection with
the Easterly right of way line of US Highway 27; thence Northerly
along said right of way line of US Highway 27 to the Point of
Beginning. Including any rights that Lake County may have
acquired by any act of maintenance on said road pursuant to
Chapter 95:361, Florida Statute.
S:1Right of WayWnnexation Agreements-RW1Steve's Road legal -revision 1.doc
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