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2011-93INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY AND CITY OF CLERMONT RELATING TO ANNEXATION OF PORTIONS OF HANCOCK ROAD ( 01254), N. HANCOCK RD, ( #1354) AND HARTWOOD MARSH ROAD ( #0854) THIS IS an Agreement by and between LAKE COUNTY, FLORIDA, 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 desires to annex into the municipal limits thereof a section of County owned right of way situated along N. Hancock Road ( #1354) and Hancock Road ( #1254) extending from Hartwood Marsh Road to the Westerly extension of the North line of Lot 2 in Hancock Center Subdivision, (Plat Book 53, Page 81) in Sections 27, 28, 33 & 34, Township 22 South, Range 26 East, and in Sections 3, 4, 9 and 10, Township 23 South, Range 26 East, AND ALSO Hartwood Marsh Road ( #0854) extending from the West right of way line of US 27 to the point of the first 90 degree curve to the North in Section 11, said portion of road being transferred lying in Sections 9, 10 & 11, Township 23 South, Range 26 East, all in Lake County, Florida as more particularly described in Exhibit "B ", attached hereto and incorporated herein ( "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, WHEREAS, the Property is not completely contiguous with City's boundaries and thus, County desires that City agree that 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 a portion of Hartwood Marsh Road, Hancock Road and North Hancock Road, 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. 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 the Property described in Exhibit "B ". 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 hereto 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. Entire Aereement. 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. 2 Interlocal Agreement between Lake County and the City of Clermont (relating to Hartwood Marsh Road, Hancock Road and North Hancock Road). 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 Nu tv►V , 2011, and duly authorized to execute same. ATTEST: COUNTY LAKE COUNTY, through its BOARD OF COUNTY COMMISSIONERS Neil K ily, kierk J r of the Board of Coun Commissioners of i This Lake County, Florida Appro d as to farm and legality tL�� Sanford A. Minkoff County Attorney ATTEST: Tracy Acl royd, City C k City of Clermont App rov as to for and legality i Daniel F. Mantzari , H of ,v0V 2011 CITY OF CLERMONT Harold Turville, Mayor This _day of f,�! 2011 Interlocal Agreement between Lake County and the City of Clermont (relating to Hartwood Marsh Road, Hancock Road and North Hancock Road). 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 OF THE PASSAGE AND APPROVAL OF SAID LAWS AND ORDINANCES; AND FIXING EFFECTIVE DATE, Hereby petition that the hereinafter described real estate as more particularly described in Exhibit "B ", be annexed to, and become a part of, the city limits 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 inhabitants thereof shall be subject to the government jurisdiction, powers, franchises, duties, and privileges of said City of Clermont, Florida and the said property shall be liable, proportionally, for all of 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, and all laws heretofore passed by the Legislature of the State of Florida, relating to and which now or hereafter constitute its Charter shall apply to have the same force and effect in such territory as 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 petitioner(s) have hereunto set our hand(s) and seel(s) as of the day of , 2011. ATTEST: LAKE COUNTY, through its BOARD OF COUN*( COMMISSIONERS— Nei-66ellyX CI k of th and of / County Commissione of Lake County, FlorI a A d to f r and legality Sanford A, Minkoff, County Attorney gniter miff's airman is y of , 2011 RAPublic Works%ght oi'wgyllnterlorel Agreementftrtwood Marsh & Hancock RdAoc 4 Intertocal Agreement between Lake County and the City of Clermont (relating to Hartwood Marsh Road, Hancock Road and North Hancock Road). Exhibit "B" Hancock Road it #1254 Begin at the intersection with the North right of way line of Hartwood Marsh Road ( #0854) as shown on the Plat of Hartwood Pines in Plat Book 48, Page 85, and the East right of way line of Hancock Road as described in Right of Way Deed recorded in ORB 1399, Page 194, Public Records of Lake County, Florida, said point being on the section line lying between Section 9 and 10, Township 23 South, Range 26 East; thence run Northerly along said East right of way line of Hancock Road to the South right of way of State Road 50, in Section 27, Township 22 South, Range 26 East; thence run Westerly along said right of way line of State Road 50 to the intersection with the West right of way line of Hancock Road as described in right of way deed and recorded in ORB 2284, Page 2147, Public Records of Lake County, Florida, said point being in Section 28, Township 22 South, Range 26 East; thence run Southerly along said West right of way line of Hancock Road to the intersection with the North right of way line of Hartwood Marsh Road as shown in the Plat of Cambridge at Kings Ridge, recorded in Plat Book 41, Page 43, thence run Easterly along said North right of way line of Hartwood Marsh Road to the Point of Beginning. North Hancock Road (#1354) Begin at the North right of way line of State Road 50 and the East right of way line of. N. Hancock Rd. as shown on the Plat of Hancock Center, recorded in Plat Book 53, Page 81, thence run North along said East right of way line of North Hancock Road to the Westerly extension of the North line of Lot 2 of said Hancock Center Plat, thence run West to the West right of way line of North Hancock Road, as shown on said Plat of Hancock Center, thence run South along said West right of way line of North Hancock Road to the North right of way line of State Road 50, thence run East along said North right of way of State Road 50 to the Point of Beginning. Hartwood Marsh Road (#08541 Begin at the intersection with the Easterly right of way line of US Highway 27 and the North right of way line of Hartwood Marsh Road as described in Right of Way Deed recorded in ORB 1866, Page 1568, Public Records of Lake County, Florida, said point being in Section 9, Township 23 South, Range 26 East; thence run Easterly along the North right of way line of Hartwood Marsh Road to a point of curvature concave to the Northwest as described in Right of Way Deed recorded in ORB 1299, Page 1951, Public Records of Lake County, Florida, said point being in Section 11, Township 23 South, Range 26 East; thence run South to the Southerly right of way line of Hartwood Marsh Road as shown on the Plat of Hartwood Reserve, Phase Il, recorded in Plat Book 57, Page 25; thence run Westerly along said South right of way to the intersection with the Easterly right of way of US Highway 27 as described in Right of Way Deed recorded in ORB 1830, Page 416, Public Records of Lake County, Florida; thence run Northerly along said Easterly right of way of US Highway 27 to the Point of Beginning. 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