CITY COUNCIL AGENDA ITEM
Memo Date: January 4, 2024
Agenda Date: January 9, 2024
Prepared By: Kristin Eick, Assistant City Attorney
Through:
Requested Action:
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Consider Petition filed by The Taylor Morrison of Florida, Inc., to create a community development district pursuant to Chapter 190, Florida Statutes, known as the Windward Preserve Community Development District.
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BACKGROUND:
The subject property is 212.10 acres, more or less, and legally described in the proposed Ordinance. The subject property is generally located on the south side of State Road 528 at the corner of State Road 528 and I-95.
The subject property is subject to that certain Preceding Development Agreement by and between the City of Cocoa and Barrera Shores, LLC, dated November 7, 2006, which was recorded on November 21, 2006 in Official Record Book 5721, Page 8205 of Brevard County, Florida. The City Council annexed the land into the jurisdictional limits of the City of Cocoa, along with other real property on the north and south side of State 528 totaling over 700 acres of land. At the time, it was one of the largest annexations conducted by the City of Cocoa. Following the adoption of the annexation ordinance, Brevard County filed a lawsuit challenging the annexation of the subject property. The City prevailed in the lawsuit at the 5th District Court of Appeal and entered into that certain Stipulated Settlement Agreement between Brevard County v. City of Cocoa, Case No. 05-2005-018141, which was recorded on January 9, 2008 in Official Record Book 5837, Page 2226 of Brevard County, Florida. Years later, after the property had changed ownership, the City entered into that certain Settlement Implementation Agreement between the City of Cocoa and Beachline Partners, LLC., dated July 26, 2022 and recorded at Official Record Book 9571, Page 2808 of Brevard County, Florida.
Pursuant to Section 4.7 of the Preceding Development Agreement, the City of Cocoa and...
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