2005-07
~ry~
"~1 R~~~ ~4~ aR i, y ~ ~
iilfilllifiitliliifihfiliiflitilil(iliilif;lil'ffiii;l#iifli
(;~t3f E_ ;j,_, f , ~+ + ~~+ ~ 1
., _ _. _
F ~ Yet F-~-- DEVELOPER'S AGREEMENT ~~F~xri~-r~ ;.a ~!~,tr'!.r+~, ~ 3..t_F,i. t~. .~ii.lf~~
c s.: ;-.
.jri,_)+~-c~~-~t BETWEEN ~~s:a_c~r;<<ri:ra+:~ Er:.E:~> _;?,._~.+
THE CITY OF CLERMONT
AND THE PROPERTY OWNER RELATING TO
THE DEVELOPMENT OF A RESIDENTIAL SUBDIVISON
This is an Agreement between the City of Clermont, a political subdivision of the State
of Florida, hereinafter referred to as "City", through its City Council; and Jose and
Madeline Ortiz, PROPERTY OWNERS, its successors and/or assigns, hereinafter
referred to as "OWNER".
WITNESSETH:
LJ
WHEREAS, the OWNER, is the owner of a certain parcel of land, 26 acres in
size, attached as Exhibit "A"; and
WHEREAS, the property is located within the joint planning area of the City of
Clermont and designated Urban Expansion on Lake County's Future Land Use Map;
and
WHEREAS, the Urban Expansion Land Use designation provides for a maximum
residential density of four (4) units per acre; and
WHEREAS, the OWNER has filed applications with the CITY for approval of
Annexation, Rezoning and Land Use Plan Amendment for 26 acres; and
WHEREAS, the OWNER will utilize the property to develop a residential
subdivision, and
WHEREAS, the CITY encourages design flexibility to create transitions between
low-density residential uses and more intense uses, such as high-density residential;
NOW, THEREFORE, IN CONSIDERATION of the promises and mutual
covenants hereinafter contained, the parties do agree as follows:
1. Recitals Incorporated. The above recitals are true and correct and
incorporated herein.
2.. The project shall be served by public facilities available from the City of
Clermont.
3. Development Uses permitted on the land.
•
(A) A maximum of sixty (60) residential lots at a density of 2.31 units per acre.
RECEIVEa
APR 14 2005
,~
(B) Lots shall be a minimum of 100 feet in width and 13,000 square feet in
• size with the exception of those 25 lots as depicted on the concept plan which
shall be a minimum of 85 feet in width and 10,000 square feet in size, attached
as Exhibit "A";
(C) Setbacks: Front- 35 feet (exception of those 25 lots - 25 feet)
Side- 9 feet (exception of those 25 lots - 7.5 feet)
Rear for primary structure - 25 feet
Rear for accessory structure-7.5 feet
(D) Open Space - the OWNER will create within the subdivided property a
recreational parcel available to the residents of the subdivision. The open space
and recreation area for the residents will be designated on the preliminary
development plan, preliminary plat and final plat.
(E) Landscape Buffer -The OWNER will provide a landscape buffer along the
southeast property line adjacent to residential lots.
7. Recordation. This Agreement shall be recorded in the Public Records of
Lake County, Florida.
8. Amendments. It is further agreed that no modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless
• contained in a written document with the same formality and of equal dignity
herewith.
9. Entire Agreement. This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements, or understandings
applicable to the matters 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.
10. Notices. When either party desires to give notice unto the other, it must
be given by written notice, sent by registered 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 in compliance with the provisions
of this paragraph. For the present, the parties designate the following. as the
respective places for giving of notice to-wit:
CITY OF CLERMONT OWNERS
City Manager Jose and Madeline Ortiz
P.O. Box 120219 14444 Johns Lake Road
• Clermont, Florida 32712-0219 Clermont, Florida 32711
~i
•
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
on the respective dates under each signature.
A EST:
City Clerk ~~:~~;~ ~`~,~~~cl
Approved as form' ar~d legality- b
~ }
1
~._ ~~~~~
1 ~'~ ~ C~ d~ ~-Z Ct-
Witnesses:
CITY OF CLERMONT
aro d S. Turville Jr., Ma o~
Y
This ~ of f~ , 2005.
OWNER
This ~ day of Fe~uary, 2005.
r~
LJ
r~
U
STATE OF FLORIDA
COUNTY OF LAKE
The foregoing instrument was acknowledged before me this ~ day of ~ , 2005
by _Sos~ c~r-~i L. and _..~1 ~1~.v1nr , Qv-~t Z ,the property
owners. Said persons (,Rare personally know to me or ( )have produced drivers licenses as
identification.
(Notary Seal)
~o~~a~••°~~~; DeLaine M. Henderson
:?• ~ •~:= MYCOMMISSION# DD099132 EXPIRES
•~ P ~ May 1, 2006
~~:, oF~~e;°,.~ BONGEG iHRU TROY FAIN MSUEANCE, ANC,
Notary Public -a~~'~~=~`~'`"`
Printed Name~G~Ltirl~ ~• ~ Y~_~Sc7i'0
My Commission Expires: ~Ilq, ~ ~(o
•
• EXHIBIT "A"
LEGAL DESCRIPTION
JOSE L. AND MADELINE ORTIZ
The East '/Z of the Southeast '/ of the Southeast '/ of the Southwest '/ of Section 33,
Township 22 South, Range 26 East, Lake County, Florida, together with an easement for
ingress and egress over and across the North 30 feet of the above described property
(Alternate Key #2864273 and ORB 2334, Page 1456)
and
The West %2 of the Southeast '/< of the Southeast '/< of the Southwest '/, in Section 33,
Township 22 South, Range 26 East, Lake County, Florida. Subject to easements and
restrictions of record, if any, and taxes accruing subsequent to December 31, 2002
(Alternate Key #1095956 and ORB 2306, Page 979)
and
• The Northeast '/ of the Southeast '/< of the Southwest '/< of Section 33, Township 22
South, Range 26 East, Lake County, Florida. Less and except the North 470.00 feet of
the East 300.00 feet thereof. Also described as Tract 53, in Section 33, Township 22
South, Range 26 East, according to the Plat of Postal Colony Company as recorded in
Plat Book 8, Page 31, Public Records of Lake County, Florida. (Alternate Key #3817647
and ORB 2320, Page 1577)
and
T'he Southwest '/ of the Southeast '/ of the Southwest '/a of Section 33, Township 22
South, Range 26 East, in Lake County, Florida (Alternate Key #1593085 and ORB 2308,
Page 2467)
Ortiz/legal description
~.
~~
•
03/27/2005 SUN 21; 46 FAX
.}~~
~~
4,
~J '~~•k~2 ~[
~6 ~~ e ~ M,3Wy ~~
~~,F ~ ~R
~~~
yy _~
r~ ~!
,M
~a ,„
~~ I
~~ Ri`
~~~~~~~
I
~~, ~
~~ . ~ ~ x
1 : >a ~~ +
I ~ ~~ It
a
Z
o
~ ~ ~~ • ~ ~ `
r--J ~` ~5
4
~R ~
a *' I
F"= ~
~'w+
~,~ , ~
~~ dam ~ I
4 ~Ra
I
YA
~;a
I
~"
I ~ eg"` LI
1 I I
~~~
~~~~.
~:~
~ ~ ~'"
I
•n °1T
I ~ •:s
"~-•~~~
r1v
e,y ; ~a Z;~ Ca:
C'CS - ~ - .-. NfJ1
YMfI(fY FifOGC IANf
_~
K
The quality of this image
i5 equivalent to the quality
of the original document.
~I ~ ` ~SS ~ ~4
SR. ~
~ i`~
~~ Wr
}
'S'Y>T"
~ .... ~ ~r~
~i1
c ~ gFg ~° ]•c
~ ~
lsti h
~ jest
.
I
r~ L ~. ~.
~" ~
_.._._.f
~ ~ ~j
~002~002
~~
~,
~! ~ p
1 Kq
-~
~~
~ 1
'~ 665
~~
I
`
m
r
~
/ ~
t
~~
yYyy
K~
_ ~.~_. ~. P
is ft Y y
~ ~ V i r..~ ~ ~ .. • ~ ~
i 7f ~ ~ ~ ~ ~
~~ ~~~ ~ _ ~_. r :
N 7~
7
~•
5
9
~~~~
`
~ ~ ^
~
~~=X Ea~ 4Gn°I<
ai
~a ?r
M A
*~o~~
~ v
~
5 ei~
~ ~ 9 ~ f. a9a~~ g~~
t~
~ 9 F: $t i 'iiiF ~~
t I ~~: ~t ~ }~;~~ F~r ~ s= ~°
~~
W Ci NoCC.O"5A1L1 G
s L~~~.~ ffuc.
Z00 'd wd~ztz0 50/ti01/Z0 sGJ98 Ebb ~S8 ~I18 ~NLilnsNO~ S>gIM
• ~~- ~ 3~
pg~` ~y ~ S i e
~`, i~ i56Ti
r ~$~~
~~ ~~~~
-- .
w..i M1 SM.Ot WAG • ••
q.ry~.. JOSC A kAQ[IJfJE 01712
;;-'-,.,r --- ~~~+- (PRELIMINARY SUBl71 VISION PLAN ~fR,,,tw~r."r `~„t"b~"r+~r~,
JOMNS LAKE ROAp
... •.. w~.}~Y
Sbcad f Of`. 1
_.~ _ _ _1
i
G !C~5 ,. _ l
1
~ r
"
s
t
~
~ ~~ ~ i
T~
z~
Y