Loading...
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 .. ~ ; .J.,-~ 3 w m _ III \ ~, .~ 'i1\JVJ~ ~ 1 1 ~, s _ o - ~ g1 N ; , s ~ ~ ~-" ~r ~ ~ t e• • ~ / a~ i s E° .i ~~ ~ ~ F 4 D ~ ~ .//I~ j1(1,a ~~ Y~ )O `\ /1l Ne ' ~O1 .eW ~ ~ a . + ~~ ~ ^ " t ti _ . ~ - L..-1J ~ 1 i t r•~ ~,i r n; 1 j -r • 1 i ~ ~ X 1 r ~ ~ ~ ,~ _: ~ ~ t t a~ A : ~ _ 1 ~ \ 1 fA ! ' ~ 1 :~ ~ ~, ~~ r n r 1 , Zr I ; ; , ,: _ a ~~ 1 - , 1 1 R y :/... - ~ ~ ~ .... qm" ~~:___~___..._Q 1 xb 1- 1 i 1 ;i i > - r--------~ ti.~r .. ~ , ~' ~ ` `J ~0¢ _e, . d - ... ~: ~' `~~ r^ ' a ..... <.r ... o E r+ z o. m t e s a a 4 A M~ n .. 1 .. ~- • ~ ~. 1111KNB00 AYE1111E '- S A ~~ C~ J ~. G > m ~ ~ _ c {~ v1EwBa6E .rA. F _ -S~ ~ rq. i ~s w_ ~ ~ A .B A ~- _ $ !• `T WOK •6~ £ ~ S• DY .~ •e ~1~ ..n~1~~.µ ~ ~ fy `4d ~ ~ g f ~ ^9i . t~ ff ~ ~ ~ t{~ ~ s~ s 3 • _ - P . 4, ~°~- i ~ C a A• V ' i .... i cam.., _ zl ~. '~ ~ ^' ~ $ a~ ~v e e .aY / b _ - ~., n • ~ ~ % , o .M ~i ~.` ~' ~ ,C ~ b a.9 is ~ CllilUS SOWER BLVD. ~ ~ ' V ~ (n P VI w a~. .,,rf i ".~ g. ... ~ ~~_ • , .. ~ f-y '~ ~• p p ~* G 'Utl tea' ! 1-3 ti .~ .-~ w w i 4tE as r ~ O ® ;O ® ~~~ t~A'] O ~~'~.C G _ ~j '~' g +^ o„N~~ ~ ; ~ ~ ~ ~ O j1 Jam., (~] ,Y~,- .~'-r L~*`QD ~" cn ~ b i ~~~iG~~o ~ . _ ~ r., ~y ~ ~ s ~ .. ~ ^ C~7 ~''~ h7 W• rn y Jan. p• .N-f '.~.'C 1~ 5 = -• ~ 6 ' • a ~ YQ. AS a. ~ p ~~__ ni,~04A .~.1iF _ O ~ ~ C7" ~ w ~. ~ ~' w [D I ~ 4 G ll~`11 W ~ ~G O p' oe ~ n ~ or N - ~ r" - z~. r ~.~aoy r „~ K' G ~ '"' 'Y' ~'' O TEA ~ ~ ~ e ----^-'--~~ --A- .., Z, ~G"~yp~~ ~ to m :z g ~ i 6 g r ?; a. .~ o r a Y °- c