Submitted By: William E. Sexton
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Presentation By: William E. Sexton
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Department: City Attorney
STAFF RECOMMENDATION (Motion Ready):
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Approve the release of the restrictive covenants for the Industrial Park of the City of Ocala subdivision
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OCALA’S RELEVANT STRATEGIC GOALS:
Operational Excellence, Economic Hub
PROOF OF PUBLICATION:
N/A
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BACKGROUND: In or about the late 1960s, the City of Ocala developed the property in the southwest portion of the City - south of State Road 200, north of SW 20th Street, East of SW 18th Avenue and west of SW Seventh Avenue - as the “Ocala Industrial Park” (according to plat) or the “Industrial Park of the City of Ocala” (as identified in the 1971 Restrictions document). In addition to establishing the property for the development of industrial land uses, the City created an “Industrial Park Advisory Board” to serve as the governing body of the industrial park.
Additionally, the City of Ocala recorded a set of restrictive covenants which provided for the manner in which the industrial park properties could be developed. This document, entitled Restrictions, was executed on December 27, 1971, and was recorded at Book 492, Page 339 of the Official Records of Marion County, Florida.
The actions by the City Council which established the industrial park, and which imposed the restrictive covenants upon the properties within said industrial park, preceded the development and implementation of the City of Ocala’s comprehensive land use plan and land development (zoning) regulations. The later promulgation of these regulations meant that the restrictive covenants contained in the aforementioned Restrictions document were largely, if not entirely, duplicative.
Sometime following the actions by the City Council in the late 1960s and early 1970s, the “Industrial Park Advisory Board” was essentially disbanded and, to the extent that there has been any action required of that body, the City Council has served in that capacity.
Indeed, in the best recollection of staff - including over thirty years of experience in this particular area - there has not been a single occasion upon which the City of Ocala has sought to enforce the restrictive covenants provided for in the 1971 Restrictions document. To the contrary, however, there have been at least six occasions upon which the owner of a particular property within the industrial park has requested that their property be released from some or all of the restrictive covenants. On each of those occasions, the City Council has granted that request and released the property from them.
Given the foregoing, it appears that the restrictive covenants contained in the 1971 Restrictions document are no longer necessary and, in fact, are creating an impediment to the continued development of the parcels within the industrial park.
Staff has prepared the accompanying Release of Restrictive Covenants which would release all parcels within the original “Industrial Park of the City of Ocala” from all of the restrictive covenants contained within the 1971 Restrictions and recommends that City Council approve said release and authorize the City Council President to execute of this document.
FINDINGS AND CONCLUSIONS: Release of these parcels from the restrictive covenants contained within the 1971 Restrictions would in no manner alter or amend the current future land use and zoning designation of the parcels nor would it alter or amend the existing regulations on the properties which are found in the City’s land development regulations.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The release was prepared and reviewed by City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Table
• Deny