HomeMy WebLinkAboutV (D) Public Hearing Ordinanace No 95-25, Case No AR-95-06-02: Jernigan Annexation 41 AGENDA 10-17-95
"CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item V D
j Ocoee
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COMMISSIONERS
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CITY OF OCOEE RUSTY JOHNSON
Q 150 N.LAKESHORE DRIVE PAUL W.FOSTER
O OCOEE FLORIDA 34761-2258 SCOTT A.GLASS
n� �() (407)656-2322 JIM GLEASON
l`4, 0 O NNJ` QTY MANAGER
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STAFF REPORT ELLIS SHAPIRO
DATE: September 14, 1995 SRP-515
TO: The Honorable Mayor and City Commissioners
THROUGH: Russ Wagner, AICP, Dirrec5or of Planning
FROM: Abra Dow, Planner a4d'
SUBJECT: Jernigan Residence Annexation #AR-95-06-02: north of State Road 50 and west of the
Turnpike
ISSUE:
Should the City Commission approve the annexation of the above referenced property?
BACKGROUND:
The subject property contains a single family residence and a detached garage. It is located on the north side
of S.R. 50 (West Colonial Drive), just west of the Florida Turnpike Interchange. This single family residence
is uncharacteristic of the development pattern in the area which is dominated by the Florida Auto Auction and
other commercial uses. The Auction property abuts the Jernigan property to the north and west and the
Turnpike property abuts it to the east. The subject property is designated Commercial on the City Future Land
Use Map and Joint Planning Area ()PA) Map. The owner has requested an initial zoning classification of C-3,
General Commercial District, which would be consistent with the above referenced land use designations.
With respect to State annexation criteria, §171 .044 of the Florida Statutes grants municipalities the authority
to annex contiguous, compact, non-circuitous territory so long as it does not create an enclave. If annexed,
the Jernigan property would eliminate an existing enclave. The Jernigan property is compact, non-circuitous,
and contiguous to the City along all four property lines; therefore, the requested annexation is consistent with
State criteria for annexation pursuant to Chapter 171 as well as the standards established by the City and those
in the JPA Agreement. The property is also located within the Ocoee-Orange County Joint Planning Area
(JPA) and the Ocoee Utility Service Area. Since the subject property is within the City's Service Area and
it is contiguous to the city limits, the property is being considered for annexation as outlined in the JPA
Agreement. Orange County Planning Staff has been notified of the Annexation Petition and they have no
objections to the annexation.
DISCUSSION:
Staff has completed the Annexation Feasibility a Public Facilities Analysis based upon the existing use since
there is insufficient data regarding any potential uses. Should the City decide to annex the property, it would
represent a nominal fiscal impact as a residential parcel. The existing residence already impacts the roadway
network and the City is "first responder" for fire and emergency calls. There is adequate right-of-way for State
Road 50; it is 150 feet wide which is consistent with our Comprehensive Plan. The additional demand for
police services generated by this property would be minimal but there may be an access problem for the
garbage trucks. The owner will continue to use her potable well and septic system until the property is sold
and redeveloped. The owner does not expect to be connected to City utilities but utilities are available. The
closest sanitary sewer line is a twelve-inch force main located about 1,000 feet away and there is an eight-inch
potable water line roughly 200 feet away. The 1994 assessed value of the property is $161,192 but the
taxable value is $136,192 due to a homestead exemption. The estimated City of Ocoee ad valorem tax
61ZS
•
SRP-515 - City Commission Staff Report
Subject: Jernigan Annexation (Case # AR-95-06-02)
September 14, 1995
Page 2
revenue would be $544.77. Accordingly, staff feels that if the property is annexed as is, the taxes generated
by the property would sufficiently offset the need for services; therefore, annexation of this residentially
developed property would be feasible based upon the above considerations.
Staff raised several concerns as part of the Annexation Feasibility 8t Public Facilities Analysis which are related
to development potential and they include the following issues: (1) the existing access point is too narrow to
comply with the Land Development Code requirements for a commercial driveway; (2) the existing access point
could be dangerous if more turning movements were added due to potential conflicts with the Turnpike off-
ramp; (3) significant traffic safety improvements may be required as part of the development approval process;
(4) portions of State Road 50 exceed 100% capacity and additional trips may not be available; (5) a
significant portion of the property is located within the flood zone; (6) the stormwater management system may
need to be over-designed due to the existing topography and drainage patterns; (7) if sanitary sewer service
is needed, the existing twelve-inch main would need to be extended about 1,000 feet; and (8) if potable water
service is needed, then the existing eight-inch line would need to be extended 200 feet. The owner/developer
would be required to extend the utility service lines at their own expense, provide a lift station during
development, and dedicate a lift station site as part of the annexation approval process. Any development of
the site would be required to meet the City Fire Department standards for fire hydrant spacing, fire flow, and
water pressure. These issues would be resolved through the development approval process but are discussed
here since there are some related provisions in the attached Annexation Agreement. Despite these concerns,
staff believes that these questions may be addressed as part of the development review process since the City
can adequately provide urban services to the subject property now, and it would be difficult to forecast the
potential costs and benefits or anticipate the development impact lacking a proposed use and additional data.
PLANNING & ZONING COMMISSION RECOMMENDATION:
At their meeting on September 12, 1995, the Planning 8z Zoning Commission found the proposed annexation
to be consistent with: (1) the Ocoee Comprehensive Plan; (2) the Ocoee Land Development Code; (3)
Chapter 171, Florida Statutes; and (4) the JPA Agreement. Accordingly, the Planning and Zoning Commission
unanimously recommended that the Jernigan property situated at 11715 West Colonial Drive be annexed by
the City Commission subject to the execution of the annexation agreement.
STAFF RECOMMENDATION:
The Development Review Committee (DRC) met on August 23, 1995, in compliance with City of Ocoee
Resolution #94-10, and recommended approval of the above referenced annexation. Staff respectfully
recommends that the City Commission, upon finding the application in Case #AR-95-06-02 to be consistent
with: (1) the Ocoee Comprehensive Plan; (2) State and local annexation criteria; and (3) the JPA Agreement,
approve the Jernigan Residence Annexation Petition, pending the execution of the necessary Annexation
Agreement in which the property owner acknowledges the possible development limitations on the subject
property.
Attachments: Annexation Feasibility 8i Public Facilities Analysis File: SRP-5 1 5.BCC
Location Map
Annexation Agreement
City of Ocoee Planning Department
Annexation Feasibility 8t Public Facilities Analysis
Date: September 7, 1995 Case Number: AR-95-06-02
Anna Mae Jernigan
This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual
properties. Each department has filled in the appropriate section and the findings are summarized below.
I. Planning Department: (Dow)
A. Applicant(s): Anna Mae Jernigan (do Leff Douglas at ZOM)
Contact Phone #: (407) 644-6300
B. Property Location: 11715 West Colonial Drive, Ocoee, Florida, 34761-3302
1. Parcel Id. No.: 19-22-28-0000-002 and 19-22-28-0000-003
2. Street Address: 11715 West Colonial Drive, Ocoee, Florida, 34761-3302
3. Legal Description: see Planning Department files
4. Directions: North side of Highway 50, adjacent to the west side of the Turnpike off ramp and the
Florida Auto Auction.
5. Size: 4.438 acres
C. Existing Use: Single Family Residence
1. Residential Units: one (1) dwelling unit
2. Projected Population: three (3) people
3. Office or Professional: n/a
4. Commercial: possible sale to the Auction
5. industrial: n/a
D. Zoning Classifications and Future Land Use (FLU) Designations:
1. Orange County Zoning Classification: A-1, Citrus Rural District
2. Orange County FLU Designation: Industrial FLU Designation
3. Requested City of Ocoee Zoning Classification: C-3, General Commercial Distrct
4. Proposed City of Ocoee FLU Designation: Commercial
5. Consistent With: Comp. Plan? Yes JPA? Yes
6. Comp. Plan Amendment Required? No When? n/a
7. Comments: Applicants have indicated that they may be selling this property to the Florida Auto
Auction and would need a zoning consistent with that use.
II. Fire Department: (Strosnider)
A. Estimated Response Time: five minutes
B. Distance Traveled (to property): 1.9 miles
C. Nearest Fire Hydrant (mark on map): At the intersection of Marshall Farms Rd. & S.R. 50
D. Fire Flow Requirements (circle one): inadequate
E. Comments: Any development of the site will be required to meet the City's minimum hydrant spacing,
water pressure, and flow requirements.
• Page 1 •
City of Ocoee Planning Department
Annexation Feasibility 8z Public Facilities Analysis
Date: September 7, 1995 Case Number: AR-95-06-02
Anna Mae Jemizan
III. Police Department: (Mark)
A. Estimated Response Time: five minutes
B. Distance Traveled (to property): 1.9 miles
C. Police Patrol Zone: South
IV. Finances: (OCTA/Dow)
A. 1994 Orange County Assessed Value: $161,192.00
B. Estimated City of Ocoee Ad Valorem Tax Revenue (if annexed): $644.77
C. Anticipated Licenses 8z Permits: unknown
D. Total Projected Revenues: $644.77
V. Utilities: (Shira)
A. Potable Water Issues:
1. In Ocoee Service Area? Yes
2. Distance to Nearest Line? 200 feet
3. Size of Water Main? Eight inches.
4. Estimated Water Demand? Unknown
5. Can City Service this Property? Yes
6. Extension Needed? Yes
7. Developer Agreement Needed? Yes As part of annexation? Yes
8. City Cannot Service Now or in the Future (check here): n/a
9. Comments: none
B. Sanitary Sewer Issues:
1. In Ocoee Service Area? Yes
2. Distance to Nearest Line? 1,000 feet
3. Size of Sewer Main? Twelve inch (12")
4. Estimated Sewer Demand? Unknown
5. Can City Service this Property? Yes
6. Extension Needed? Yes
7. Developer Agreement Needed? Yes As part of annexation? Yes
8. City Cannot Service Now or in the Future (check here): n/a
9. Comments: none
• Page 2 •
City of Ocoee Planning Department
Annexation Feasibility a Public Facilities Analysis
Date: September 7, 1995 Case Number: AR-95-06-02
Anna Mae lernigan
C. Other Utility Issues:
1. Utility Easement/ Lift Station Site/ Well Protection Area Required for development
2. Other Comments: Stormwater retention system may need to be over-designed due to existing drainage patterns
VI. Transportation: (Shira/ Resnik)
A. Paved Access to Property? Yes
B. Right-of-way Dedication? No Specify: 150 feet of right-of-way available for S.R. 50
C. Traffic Study: unknown at this time
D. Traffic Zone: 267
E. Other Traffic Improvements Needed: Development of the site may trigger need for significant traffic
safety improvement to handle conflict between access drive and Turnpike Off Ramp.
VII. Building Department: (Flippen/ Harper)
A. Anticipated Licenses 81 Permits: Cannot be determined until use of property is known.
B. Within 100 year flood plain: Yes: A large part of the property is located in a flood zone.
C. Potential Impact Fees: Cannot determine until use of property is known.
D. Other Comments: There is an extremely narrow access driveway easement that crosses over the exit
ramp west onto West Colonial Drive. Extreme care must be taken to fully define the status of the access
frontage and its consequences for future development regardless of the zoning district assigned by the City
Commission.
VIII. Preliminary Concurrency Evaluation: (Resnik)
A. Transportation: Portions of S.R. 50 at or exceeding 100%. Future availability will depend upon ultimate
use and timing of development. (May or may not have road capacity - Annex at own risk.)
B. Parks/Recreation: Not Applicable for commercial.
C. Sewer/Water Capacity: Also depends upon use. Capacity is currently available.
D. Stormwater/Drainage: Subject to approval of final plans for the property.
E. Other Comments: Sanitation: garbage pick up may present some problems due to the width of the
existing driveway.
IX. Specify Other Comments 8t Considerations Below: (anyone)
None.
• Page 3 •
City of Ocoee Planning Department
Jernigan Residence
located on the north side of State Road 50, west of the Florida Turnpike
1 1 715 West Colonial Drive, Ocoee, Florida
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Legend: Case Number. AR-95-06-02
/;i'' / iiiii�i�i
Subject Ocoee City Orange Outside of 0
Property Limits County )PA
North
THIS INSTRUMENT PREPARED BY:
David P. Barker, Esq.
FOLEY & LARDNER
1 i 1 North Orange Avenue
Suite 1800
Orlando, Florida 32801
AELER 1: RECORDING RETURN TO:
Jean Grafton, City Clerk
CITY OF OCOEE
150 North Lakeshore Drive For Recording Purposes Only
Ocoee, Florida 34761
Case No.: AR 95-06-02
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT (this "Agreement") is made this day of
, 1995, by and between the CITY OF OCOEE, a Florida municipal
corporation (hereinafter referred to as the "City"), whose mailing address is 150 North
Lakeshore Drive, Ocoee, Florida 34761, and ANNA MAE JERNIGAN a/k/a ANNIE MAY
JERNIGAN, as to an undivided 1/2 interest in Parcel I and all of Parcel II, and FLORENCE
JEANNET I E WILSON, as to an undivided 1/2 interest in Parcel I (hereinafter collectively
referred to as the "Owner"), whose mailing address is 11715 W. Colonial Drive, Ocoee, Florida
34761.
RECITALS
WHEREAS,S, the Owner owns fee simple title to certain property located in Orange
County, Florida comprised of Parcel I and Parcel II, said property being more particularly
described in Exhibit "A" attached hereto and by this reference made a part hereof (the
"Property"); and
WHEREAS, pursuant to Section 171.044, Florida Statutes, the Owner has petitioned the
City Commission of the City (the "Ocoee City Commission") to voluntarily annex the Property
into the corporate limits of the City (the "Petition"); and
WHEREAS, the Planning and Zoning Commission has held a public hearing to review
the Petition and at such hearing found the annexation of the Property to be consistent with the
Ocoee Comprehensive Plan, including the Future Land Use Map, and has recommended that the
Ocoee City Commission annex the Property into the corporate limits of the City; and
WHEREAS, the City has required that the Owner execute this Agreement as a condition
precedent to the consideration of the Petition by the Ocoee City Commission; and
WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and found the
proposed annexation to be consistent with the Ocoee Comprehensive Plan and to represent a minimal
fiscal and level of service impact on the City: and
WHEREAS, the City has determined that the execution of this Agreement is essential to the
public health, safety and welfare and the ability of the City to plan for necessary infrastructure
improvements, including the installation of a traffic signal and related improvements at the Owner's
expense, and the provision of municipal services to the Property in accordance with the Ocoee
Comprehensive Plan; and
WHEREAS, the City has determined that, subject to the terms, conditions and limitations
hereinafter set forth, it is feasible to extend municipal services to the Property on the same terms and
conditions afforded to all property owners within the City except to the extent set forth in this Agreement;
and
WHEREAS, the City has conducted an Annexation Feasibility& Public Facilities Analysis with
respect to the annexation of the Property and determined that this Agreement and the annexation of the
Property is consistent with the goals, objectives and policies of the Ocoee Comprehensive Plan.
NOW, THEREFORE, in consideration of the mutual premises hereof, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
SECTION 1. RECITALS. The above recitals are true and correct and are incorporated herein
by this reference.
SECTION 2. SIGNIFICANT TRAFFIC SAFETY IMPROVEMENTS. Owner acknowledges
and agrees that, in the event the City requires, Owner shall, at Owner's sole cost and expense prior to
an issuance by the City of any Certificate of Completion or Certificate of Occupancy, construct, erect
and install significant traffic safety improvements (the "Improvements") at the intersection of the access
point of the Property, as developed, and State Road 50 located adjacent to the south boundary of the
Property. Neither the Owner nor any person or entity shall be entitled to any road impact fee credits or
other credits, reimbursement or compensation from the City with respect to the installation of the
Improvements as set forth above.
SECTION 3. ANNEXATION OF I'HE PROPERTY. Prior to the execution of this Agreement
by the City, the Ocoee City Commission has adopted Ordinance No. 95 for Case No. AR 95-
06-02. thereby redefining the corporate territorial limits of the City to include the Property.
SECTION 4. NOTICE: PROPER FORM. Any notices required or allowed to be delivered
shall be in writing and be deemed to be delivered when (1) hand delivered to the official hereinafter
designated, or (2) upon receipt of such notice when deposited in the United States mail, postage prepaid,
certified mail, return receipt requested, addressed CO the party at the address set forth opposite the party's
name below, or at such other address as the party shall have specified by written notice to the other party
delivered in accordance herewith.
Owner: Anna Mae Jernigan
11715 W. Colonial Drive
Ocoee, Florida 34761
City: City of Ocoee
City Manager
150 North Lakeshore Drive
Ocoee, FL 34761
SECTION 5. NOTICES; DEFAULT. Each of the parties hereto shall give the other
party written notice of any default hereunder and shall allow the defaulting party thirty (30) days
from the date of its receipt of such notice within which to cure any such defaults or to
commence and thereafter diligently pursue to completion good faith efforts to effect such cure
and to thereafter notify the other parties of the actual cure of any such defaults. This Agreement
is enforceable at law or in equity by the non-defaulting party, including, but not limited to the
right of specific performance.
SECTION 6. BINDING AGREEMENT ON SUCCESSORS. This Agreement shall
be binding upon and shall inure to the benefit of the Owner, the City, and their respective
successors and assigns.
SECTION 7. RECORDATION. The parties hereto agree that this Agreement shall
be recorded in the Public Records of Orange County, Florida, at the expense of the Owner.
SECTION 8. APPLICABLE LAW. This Agreement and the provisions contained
herein shall be construed, controlled, and interpreted according to the laws of the State of
Florida.
SECTION 9. SEVERABILITY. If any part of this Agreement is found invalid or
unenforceable by any court, such invalidity or unenforceability shall not affect the other part of
this Agreement if the rights and obligations of the parties contained therein are not materially
prejudiced and if the intentions of the parties can continue to be effected.
SECTION 10. RECOVERY OF ATTORNEYS' COSTS AND FEES. In connection
with any litigation between the City and the Owner, including appellate proceedings arising out
of this Agreement or the violation of any law, rule, regulation, ordinance, resolution, or permit,
the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees,
paralegal fees, and costs hereunder, whether incurred prior to, during or subsequent to such
court proceedings, on appeal or during any bankruptcy proceedings.
SECTION 11. ENTIRE AGREEMENT. This instrument and its exhibits constitute
the entire Agreement between the parties and supersedes all previous discussions,
understandings, and agreements between the parties relating to the subject matter of this
Agreement. Amendments to and waivers of the provisions herein shall be made by the parties
in writing by formal amendment which shall be recorded in the Public Records of Orange
County, Florida at the Owner's expense.
3
SECTION L. EYFECTIVE DATE. This Agreement shall first be executed by the
Owner and submitted to the City for approval by the Ocoee City Commission. Upon approval
by the Ocoee City Commission, this Agreement shall be executed by the City. The Effective
Date of this Agreement shall be the date of execution by the City.
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed the
day and year first above written.
"CITY"
Signed, sealed and delivered CITY OF OCOEE,
in the presence of: a Florida municipal corporation
By:
Signature S. Scott Vandergrift, Mayor
Print/Type Name
Attest:
Jean Grafton, City Clerk
Signature (SEAL)
Print/Type Name
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1995.
FOLEY & LARDNER APPROVED BY'113E OCOEE CITY
COMMISSION AT A MFF,TING
HELD ON , 1995
By: UNDER AGENDA I'flM NO.
City Attorney
4
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared
S. SCOTT VANNDERGRIyT and JEAN GRAFTON, personally known to me to be the Mayor
and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and
that they severally acknowledged executing the same on behalf of said municipality in the
presence of two subscribing witnesses freely and voluntarily under authority duly vested in them
by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 1995.
Signature of Notary
Name of Notary (Typed,printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
5
IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed
the day of , 1995.
Signed, sealed and delivered
in the presence of: "OWNER"
� •
y 1L11�' l �� kl�Zj � 'Q
Signature ANNA MAE JERNIGAN a/k/a
MAY JERNIGAN, as to an undivided 1/2
/ interest in Parcel I and all of Parcel II
iib,
Print/Type Name
Si JJ
Print/Type Name
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to take acknowledgements, personally appeared ANNA MAE
JERNIGAN a/k/a ANNIE MAY JERNIGAN, as to an undivided 1/2 interest in Parcel I and
all of Parcel II, who � ] is personally known to me or [.-1 produced ' ir';, < 3-l -�c
/
as identification, and that she acknowledged executing the foregoing instrument for the purposes
and uses therein described.
WITNESS my hand and official seal in the County and State last aforesaid this
l day of L 1995.
A i � (1,
r
I
Signature of Notary
4,s:u i fit,,, NA C CACNNON 71*
Bowed by ANS
Name of Notary (Typed,Printed or Stamped)
ss9..7 9oo-eee 8878
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
C:1WPS I\DOCSIOCOEEV ERMOAN.ANx IS/1695118W°i SID map
5
Di WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed
the &L day of /; o fi S r , 1995.
Signed, sealed and delivered
in the presence of: "OWNER"
r2.
Signature FLORENCE. EANNETTE WILSON, as
to an undivided 1/2 interest in Parcel I
Print/Type Name
Signature /
p4/,V D /166G�
Print/Type Name
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to take acknowledgements, personally appeared FLORENCE
JEAINNETTE WILSON, as to an undivided 1/2 interest in Parcel I, who [ J is personally
known to me or [ 'produced FL De2,v L t. . as identification, and that she acknowledged
executing the foregoing instrument for the purposes and uses therein described.
i,Lt-t 5l ) e L.t.
WITNESS my hand and official seal in the County and State last aforesaid this
L4 day of r-1.t,► , 1995.
G
•
.,s Signature of Notary
ROBERT1N HAGCOD
NOTARY PUBLIC SATE OF Ft,ORIDAI
COMMISSION NO.CC39474 ( / Com'C Cv
MY COMMISSION ELF'.Put 20.19<i8 C'0 G,'
Name of Notary (Typed,Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
C:1WP5I\DOCstOCOEEv RNIGAN.ANX;5/l6/95I1SW015IDPB:dp
7
Jernigan Residence (AR-95-06-02)
On the North Side of State Road 50 West of the Turnpike (4.438 ACRES)
PARCEL I:
The Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of
Section 10, Township 22 South, Range 28 East, Orange County,
Florida;
LESS AND EXCEPT:
The South 30 feet thereof and those portions conveyed to Florida
State Turnpike Authority by Warranty Deed dated April 19, 1963,
recorded April 25, 1963 in O.Y. Book 1191, Page 733, and
Warranty Deed dated July 22, 1963, recorded July 24, 1963 in
O.R. Book 1225, Page 599;
ALSO LESS AND EXCEPT:
Begin at the intersection of the North right-of-way line.of
Tildenville-Hinorville Hard Road with the West line of the
following tract; Southwest 1/4 of the Southeast 1/4 of the
Southwest 1/4, Section 19, Township 22 South, Range 28 East; run
thence East 105 fest; thence North 400 feet; thence West 105
feet; thence South 400 feet to the Point of Beginning.
PARCEL II:
Begin at the intersection of the North right-of-way line of
Tildenville-Minorville Hard Road with the West line of the
following tract; Southwest 1/4 of the Southeast 1/4 of the
Southwest 1/4 of Section 19, Township 22 South, Range 28 East,
Orange County, Florida; run thence East 105 feet; thence North
400 feet; thence West 105 feet; thence South 400 feet to the
Point of Beginning;
LESS AND EXCEPT:
That portion conveyed to Florida State Turnpike Authority by
Warranty Deed dated April 19, 1963, recorded April 25, 1963 in
O.A. Book 1191, Page 733, Orange County, Florida.
SAID LAND IS ALSO DESCRIBED AS FOLLOWS:
Commence at the intersection of the centerline of
Tildenville-Minorville Road (State Road 50) with the West line
of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4
of Section 19, Township 22 South, Range 28 East, Orange County,
Florida; thence run North 00.34'28" West, along said West line,
for a distance of 97.86 feet to the North right-of-way line of
Parcel 11.5-34 of the Florida State Turnpike Authority as
described in O.R. Book 1225, Page 599 of the Public Records of
Orange County, Florida and the Point of Beginning; thence
continue North 00.34'28" West, along the aforementioned West
line for a distance of 570.69 feet; thence run North 88.58'56"
East along the North line of said Southwest 1/4 of the Southeast
1/4 of the Southwest 1/4 of Section 19, for a distance of 485.24
feet to the right-of-way of the aforementioned Florida State
Turnpike Authority Land, Parcel 11.5-32; thence run, along said
right-of-way and a curve concave Southeasterly having a radius
of 347.00 feet, on a chord bearing of South 27.22'32" West
through a central angle of 55.00'32", for an arc length of 333.15
feet; thence run South 00.07'45" East, along said right-of-way,
for a distance of 100.00 feet to the point of curvature of a
curve concave Northwesterly having a radius of 147.00 feet;
thence run Southwesterly, along the arc of said curve, through a
central angle of 62.16'43", for an arc length of 159.78 feet;
thence run South 27.51'02" East, along said right-of-way, for a
distance of 23.00 feet to a point on a curve concave
Northwesterly having a radius of 170.00 feet; thence run
Southwesterly, along the arc of said curve and said
right-of-way, on a chord bearing of South 68.58'52" West,
through a central angle of 13.39'50", for an arc length of
40.54 feet to a point of compound curvature of a curve concave
Northwesterly having a radius of 894.93 feet; thence run
Southwesterly, along the arc of said curve and said right-of-way
and right-of-way Parcel 11.5-34, through a central angle of
9.00'01", for an arc length of 140.58 feet to the point of
compound curvature of a curve concave Northerly having a radius
of 1849.86 feet; thence run Westerly, along the arc of said
curve and right-of-way Parcel 11.3-34, through a central angle
of 2.44'54", for an arc length of 98.74 feet to the West line of
the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of
said Section 19 and the Point of Beginning.
Exhibit A
Jernigan Residence (AR-95-06-02)
On the North Side of State Road 50 West of the Turnpike (4.438 ACRES)
11715 West Colonial Drive, Ocoee, Florida
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Legend: Case Number. AR-95-06-02
.......
0
Subject Ocoee City Orange Outside of
Property Limits County WA
North
Exhibit B
ORDINANCE NO. 95-25
CASE NO. AR-95-06-02: Jernigan Residence
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO
THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 4.438 ACRES LOCATED ON THE
NORTH SIDE OF STATE ROAD 50 WEST OF THE TURNPIKE; PURSUANT TO
THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING
SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE AND THE JOINT
PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE
UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE
CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING
ORDINANCES; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner or owners of certain real
property located in unincorporated Orange County, Florida, as hereinafter described, have petitioned the City
Commission of the City of Ocoee, Florida ("the Ocoee City Commission") to annex said real property into
the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has determined that said petition bears the signatures of all
owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida;
and
WHEREAS, notice of the proposed annexation has been published pursuant CO the requirements of
Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of Chapter 180 of the Code of
Ordinances of the Gty of Ocoee (the "Ocoee City Code"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint
Planning Area Agreement ("the JPA Agreement")which affects the annexation of the real property hereinafter
described; and
WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has reviewed the
proposed annexation and found it CO be consistent with the Ocoee Comprehensive Plan, co comply with all
applicable requirements of the Ocoee City Code, to be consistent with the JPA Agreement, and to be in the
best interests of the City of Ocoee and has recommended to the Ocoee City Commission that it approve said
annexation petition; and
WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044, Florida
Statutes, to annex said real property into its corporate limits upon petition of the owners of said real property;
and
WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of
the City of Ocoee, Florida, co include said real property.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. The City Commission of the City of Ocoee, Florida has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida
Statutes, and Section 7 of Article I of the Charter of the City of Ocoee, Florida.
SECTION 2. The City Commission of the City of Ocoee, Florida, hereby finds that the petition to
annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the
signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of
Ocoee, Florida.
SECTION 3. The following described real property located in unincorporated Orange County,
Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida:
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED
HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SECTION 4. A map of said land herein described which clearly shows the annexed area is attached
hereto as EXHIBIT "B" and by this reference is made a part hereof.
SECTION 5. The City Commission of the City of Ocoee, Florida, hereby finds that the annexation
of said land herein described is consistent with the Ocoee Comprehensive Plan and the Joint Planning Area
Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the
Joint Planning Area Agreement and Ocoee City Code.
SECTION 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined CO
include said land herein described and annexed.
SECTION 7. The City Clerk is hereby authorized CO update and supplement official City maps of the
City of Ocoee, Florida, to include said land herein described and annexed.
SECTION 8. The land herein described and future inhabitants of said land herein described shall be
liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations
of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of
Ocoee, Florida.
SECTION 9. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining
portion hereto.
SECTION 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 11. This Ordinance shall take effect upon passage and adoption, and that thereafter the
City Clerk is hereby directed to file a certified copy of this Ordinance with the clerk of the circuit court and
the chief administrative officer of Orange County, Florida and with the Florida Department of State within
seven (7) days from the date of adoption of this Ordinance.
PASSED AND ADOPTED this day of , 1995.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED September 24,1995
ADVERTISED October 1,1995
READ FIRST TIME September 19, 1995
READ SECOND TIME AND ADOPTED
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1995.
FOLEY 8t LARDNER
By:
City Attorney
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