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Home My WebLink AboutOrdinance 2007-004 Annexation McCully Parcel 11111111111111111111111111 ~ 111111111111111111 ORDINANCE NO. 2007-004 (Annexation Ordinance For McCully Parcel) INSTR 20070290944 OR BK 09243 PG 3791 PGS=5 MARTHA O. HAYNIE, COMPTROLLER ORANGE COUNTY, FL 05/04/2007 08:15:03 AM REC FEE 44.00 TAX PARCEL ID #s 08-22-28-0000-00-050 CASE NO. AX-OI-07-04: McCully Parcel AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.8 ACRES LOCATED WEST OF AND ADJACENT TO ADAIR STREET AND APPROXIMATELY 155 FEET NORTH OF VIGNETTI PARK 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 UPDA TING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the 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 ofOcoee, Florida; and WHEREAS, notice of the proposed annexation has been published pursuant to 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 City ofOcoee (the "Ocoee City Code"); and WHEREAS, on February 11, 1994, Orange County and the City ofOcoee entered into a Joint Planning Area Agreement (the "JP A 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 to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with the JP A Agreement, and to be in the best interest 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, to include said real property. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. The Ocoee City Commission 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 1 of the Charter of the City of Ocoee, Florida. Section 2. The Ocoee City Commission 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 and EXHIBIT "B" and by this reference is made a part hereof. Section 5. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JP A Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JP A Agreement, and the Ocoee City Code. Section 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 7. The City Clerk is hereby authorized to update and supplement official City maps of the City ofOcoee, 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 ofOcoee, Florida. ORLA_ 437917.1 -2- 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. 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. PASSED AND ADOPTED this lln~day of~, 2007. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA ~ti~~ ikenberry, ity Clerk ~' (SEAL) ADVERTISED R-~a ~ AM) 2001- READ FIRST T~(\ ~ 1 ,2007. READ SECOND TIME ND ADOPTED ~ ~~ \ \1 2..CO' , UNDER AGE DA ITEM NO. -'~ A FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LE~AL/IrY TillS J2 DAY OF r , 2007 :~L~P~iWAJ City Attorney ORLA_ 437917.1 -3- Exhibit "A" BEING PART OF THE NORTH % OF: COMMENCE FROM THE NE CORNER OF THE NW % OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, RUN SOUTH 00026'12" EAST ALONG THE EAST LINE OF SAID NW % FOR 787.46 FEET; THENCE RUN N 89005'37'W FOR 25.01 FEET TO THE WEST LINE OF ADAIR ROAD AND THE P.O.B. FROM SAID P.O.B. CONTINUE N 89005'37"W FOR 570.13 FEET; RUN THENCE N 00036'12" W 277.93 FEET; THENCE N 89005'37"E FOR 570.13 FEET TO THE AFORESAID DESCRIBED WEST LINE OF ADAIR ROAD; THENCE SOo036'12"E 277.93 FEET TO THE P.O.B. ORANGE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (LESS THE FOLLOWING PORTION :) FOR A P.O.B. BEGIN AT SE CORNER OF AFORSAID DESCRIBED PROPERTY; THENCE RUN N 89005'37"W 570.13 FEET; THENCE N 00036'12"W 138.97 FEET; THENCE S 89005'37"E 275.06 FEET; THENCE SOo036'12"E 118.97 FEET; THENCE S 89005'37"E 295.07 FEET; THENCE SOo036'12"E 20 FEET TO THE P.O.B. SAID PARCEL CONTAINING 0.8 ACRES MORE OR LESS. EXHIBIT "B" McCully Annexation and Rezoning Location Map ~ Jet RIA \~ I- J g w - ... a.. j H J ill c::: j ! <( ~ u ) SJ (" I L <..9 ~ ~ :}\I 4T z r <:[ ~ I ~ ;A T N E ~ - ~~ - 5- )I I - ~ N Ie lO LE '- 6 fH I - I i I - I - - A 1'//' ~ ~~~ H ~RRI~ MA,~ ~N E IW R - \ ~ I 11 THI \ I \ ~ ~OR1iHERt1J blllfMt-..GO );- '\-- I 111 H' BI8 ~ l "1 {mA S'VVE::". /)~ / ' ~ 1~9 c F GIRT C ~,I.s ~)=,l PICWOOCIlg l'"'l"' LI- .. . ,"-- .u --" Q I I -c I -,' I'. /)= ~ IN I G T - -13i~~ ' - ~ '- :5' -- II~\^ 1EtJn:)1 NS /--.. "I~ V "' .__""'\ ..L. --