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O-554-MReturn to: ~ ilUlil#IIIINIIIIIIIIIIIAIIiIi11111U11111NIIIiiIllAllil City of Clermont ~ ~,.~~~ ?t1C~~,1ii?7'.~~~ City C,erk /~ E'.k i~43?ii,?, f'a=_• 1 i~~° - 14•:~~'i (?pys} P.O. fox 120219 GATE: tj7r''i!u~`?f~i1ti fi9:~1:+5 AI`I Cie.mont, FL 34712-0219 FAMES ~~. 41ATK.INSr C~LEk:K. OF C:oURT' CITY OF CLERMONT t_ar;E ~= our~r'f MISCELLANEOUS ORDINANCE ~~~i-~aF:~Ir~r ~>wE~; i~.<<_i No. 554-M AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION OF A CERTAIN PARCEL OF LAND CONTIGUOUS TO THE PRESENT CITY BOUNDARIES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Clermont, Florida has received a Petition fo Annexation of a parcel of land contiguous to the present corporate limits under Section 171.044 Florida Statutes, and '~ WHEREAS, the City Council of the City of Clermont, Florida, has determined that it is i II the best interest of the City and of the property herein sought to be annexed that the City annex th following described property, and WHEREAS, the City Council has determined that the area sought to be annexed i contiguous to the City and is in need of the services which the City can offer and the City h determined that such area sought to be annexed will be substantially benefited by annexation, an • WHEREAS, the City Council has determined that all requirements of Section 171.04 I, Florida Statutes, have been met. III SECTION 1. NOW THEREFORE BE IT RESOLVED, under the provisions of Florida Statute Chapte 171 and the General and Special Laws of the State of Florida; that the City of Clermont, Florid does hereby annex to and make part of its corporate boundaries, the following described prope contiguous to the present City boundary, to-wit: LEGAL DESCRIPTION Greater Hills Phase I, Tract C, ORB 1361, PG 1221, Lake County, Florida. SECTION 2: I That the aforedescribed property shall be and hereby is made part and parcel of the City o~ Clermont, Florida, and that said property shall be subject to all of the laws, ordinances, an~ provisions pertaining to the City of Clermont. • i • SECTION 3: CITY OF CLERMONT MISCELLANEOUS ORDINANCE No. 554-M Page - 2 - All property aforedescribed shall henceforth be subject to ad valorem taxation by the City of Clermont, and any other general or special taxes or assessments. SECTION 4: This Ordinance shall be recorded in the public records of Lake County. • SECTION 5• Severability. Should any section or part of a section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply or affect any other provision of thi$ ordinance, except to the extent that the entire section or part of the section may in separable ira meaning and effect from the section to which such holding shall apply. SECTION 6: Effective Date. This ordinance shall be published as provided by law, and it shall become law and take effect upon its second reading and Final passage. First Reading on the 13th day of June 2006. Second Reading on the 27th day of June 2006. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 27th DAY OF June 2006. sa~`~ ., ~ ,. , rt:~ Y..+, ,F'`•~~ ,gib; .~ t :, ~ - 4, A ~i I .~~ TRACY CITY OF CLERMONT ~` HAROLD S. TURVI E, JR. Mayor YD, City Clerk n u Notice of Encumbrance to Annex to City of Clermont City of Clermont City Manager 685 W. Montrose Street Clermont, FL 34712 THIS INSTRUMENT, Made this 8 day of February, 2005, between Baffles Holding L~LP of the County of Lake, State of Florida Grantor, and the CITY OF CLERMONT, FLORIDA, A Municipal Corporation, Grantee: ', WITNESSETH, NOTICE is given that heretofore or contemporaneously herewith Grantor has petitioned the Grantee for it to permit voluntary annexation of Grantor's property below described into the corporate limits of the City of Clermont, and GRANTOR, for and in consideration of the sum of ONE and 00/100 ($1.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, DOES HEREBY ENCUMBER the below -described real property situate, lying and being in Lake County, Florida with the absol~te • requirement that the subject real property may be, at the sole discretion, and uplon request of Grantee, annexed into the city limits of the City of Clermont at such time tat the annexation of said real property is in accordance with applicable law, GRANTOR, further agrees, on his/ hers/ theirs/ its own behalf and that of Grantors' heirs and assigns to perform all ministerial functions necessary of the Grantor or Grantor's heirs and/or assigns (as the case may be) then required by law to enable the described real property to be incorporated into the city limits of the City of Clermont and where such ministerial functions consist of a simple written request or the renewal of the petition of which notice is given above, then this instrument shall be considered such request and/ or renewal. The subject property is described as: Monte Vista Park Farms 9-23-26 tracts 35, 36, 37 & that part of tract 38 lying E of US Hwy 27 - Less from SE Corner of Tract 1 Whitehall at Kings Ridge Phase 1 PB 40 pg's 75-77. Run N 89deg 42min OSsec W 25ft. S OOdeg 13min 40sec W 285.56ft. N 89deg 42min OSsec W 150ft!. S OOdeg 18min 40sec W 250ft to East-West Mid-sec line. N 89deg 42min OSsec W 95.53ft. S OOdeg 17min SSsec W 50 ft. for POB run N 89deg 42min SSsec W 838ft to NE'LY R/W line ~f US Hwy 27, SE'LY along said NE'LY R/W line to S line of tract 38. E'LY along said S line of tracts 38 & 37 to a point that bears S OOdeg 17min SSsec W of POB. N OOdeg 17min SSsec E to POB - PB 2 PG 27 • • • Grantor is used for singular or plural, as the context requires. IN WITNESS THEREOF, GRANTOR has hereunto set Grantor's hand and seal the day and year first abgve written. PROPERTY OWNER(S): 1. z~ Signature ~=f~z~lts ~~ , 1~a ~ 1~.~ J~-. Type or print name 2. Signature Type or print name STATE OF WITNESSE~/S (TJw~o required): Situ e Type or print name Stature .-~fi.i S /y l"~ pari o/ Type or print name COUNTY OF The fore oing instrument w acknowled ed before me on this o~9 ~ day'I of ~e 2005, by ~l~°S ~ • ~ ~ ~~S ~ ~F. who is ersonall known me or who has produced '+ as identification and who did not take an oath. SEAL: Notary Public i ~l ~~~"'"u., Betty S. Siebold C`~Y p ' '~-;;oF ~~•'~ D°a°'°d ,~~~,,, Mantic soncangcn,mc. Type/print name ~~ Si ~ v ~~ Pursuant to Section 695.29(3)(f): this instrument exempt from Chapter 695, FS.,; Prepazed by a Public Officer, City Attorney, City of Clermont, Florida 34712 • 06f06/2006 08:21 4078166300 BAILES PROPE~ S PAIGE 01f02 ~ankofAmer~ca ~~ BANK OF AMERICA - CONFIDENTIAL A~~ ~~ DATE: MAY 25, 2006 zRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 30822].5 BENEFICIARY CITY OF CLERMONT 68S MONTROSE ST. CLERMONT, FL 32809-6674 PAGE: Z APPLICANT BAILES HOLDINGS LLP 6424 PINECASTLE BLVD. SUITE A ORLANDO, FL 32809-6674 AMOUNT NOT EXCEEDING USD 127,381.00 NOT EXCEEDING ONE HUNDRED TW SEVEN THOCISAND THREE HUNDRED E GHTY ONE AND 00/100'S U5 DOLLARS EXPIRATION MAY 2~k, 2007 AT OUIt COUNTERS WE HEREBY ESTABLISH IN YOIIR FAVOR OUR IRREVOCABLE STANDBX LETTER OF CREDIT NUMBER 3082215 WHICH IS AVAILABLE WITH BANK OF AMERICA N.A. Y ~AYMENT AGAINST PRESENTATION OF THE ORIGINAL OF THIS LETTER OF CRED T AND YOUR DRAFTS AT SIGHT DRAWN ON BANIt OF AMERICA N.A., ACCOMPANIED BY THE DOCUMENTS DETAILED BELOW: BENEFICIARX'S SIGNED STATEMENT CERTIFYING WHAT: " DRAWING REPRESENTS PAYMENT(S) FOR ALL PUBLIC UTILITY IMPROVEMENTS UNDER THAT CERTAIN AGREEMENT BETWEEN THE CITY OF CLERMONT AND BAILES HOLDINGS I.,LP . " THIS LETTER Ok' CREDIT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR A PERIOD OF ONE (1) REAR FROM TkIE PRESENT OR ANY FUTURE EXPIRATION DATE, UNLESS AT LEAST THIRTY (30j DAXS PRIOR TO ANY EXPIRATION DATE, WE NOTIFY YOU BY REGISTERED MAIL OR OVERNIGHT COURIER SERVICE AT THE ABOVE ADDRESS, THAT WE ELECT NOT TO EXTEND THIS LETTER OF CREDIT. i WE HEREBY ENGAGE WITH YOU THAT DRAFT(S) DRAWN UNDER AND 7:N COMPLIANCE WITH THE~TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO US AT 1000 WEST TEMPT,E STREET, 7TH FLOOR, MAIL CODE CA9-705-07-05, LOS ANGELES, CA 9007.2-15140 ATTN: STANDBY LETTER OF. CREDIT DEPARTMENT ON OR BEFORE~T~-~E EXPIRATION DATE. • Hank ofAmcricn~ N.A. TrnUO Opctndnmi CA9~705-o7-ns 1000 W, TemDlo St., Loa Angdee, CA 90022-17140 ORIGINAL AO-is-0301N9B 10-2475 06106/2006 08:21 4078166300 BAILES PROPERTIES PAGE 02102 Dank of A~~ncrica ~~ t BANK OF AMERICA - CONFIDENTIAL PAGE: 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 3082215 TIizS LETTER Off' CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 7.998, 7:CC PUBLICATION NO. 590. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 213-48J.-7839. ~~ u~wR~~e~ C0~7S ZSTS OF 2 PAGE (S) . • ORIGINAL Annk of America, NA 7F¢dc Opcr¢tiorfn CA?•705.OT•OS 1000 W, TemD10 51„ LOa Anlraka, CA 90012- I S I40 00-35.0201N5B 11)-21RI5