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Home My WebLink AboutOrdinance 2007-010 Annexation for Rogers Park Parcel 11111111111111111111111 1111111111111111 INSTR 20070348648 OR BK 09280 PG 0045 PGS=5 MARTHA O. HAYNIE, COMPTROLLER ORANGE COUNTY, FL 95/39/2997 91:12:19 PM REC FEE 44.99 ORDINANCE NO. 2007-010 (Annexation Ordinance For Rogers Park Parcel) TAX PARCEL ID #807-22-28-0000-00-023 CASE NO. AX-OI-07-03: Rogers Park Property AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 37.12 ACRES LOCATED EAST OF AND ADJACENT, IN PART, TO OCOEE APOPKA ROAD AND APPROXIMATELY 2,500 FEET SOUTH OF FULLERS CROSS ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; 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 INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner 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 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 "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 to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be ORLA_443150.1 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 ofOcoee, 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 ofOcoee, Florida: SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION ATTACHED HERETO AND BY TillS 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 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. ORLA_ 443150.1 -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 ~ day of \y~\ ' 2007. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA ---------.-... ,) r r-C~ r -~-tt\ Z:rLX&.i~~""~ /' Beth 1 enberry, City Clerk i L (SEAL) ADVERTISED S--?TC1AND 5- \0-(:7 READ FIRST TIME \l~""1l , 2007. READ SECOND TIME AND ADOPTED \y\ ZS\..} \ SON lee I, UN. DER AGENDA TEM O. \ ';j- FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FpRM AND LEGfW,r THIS 15- DAY OF (;{ , 2007 FOLEY I}LARJNi::/t;J By: YtUJ! ~ City Attorney ORLA_ 443150.1 -3- EXHIBIT" A" [Legal Description] Parcell: A Parcel of land lying in the Southeast Y4 of Section 7, Township 22 South, Range 28 East, Orange County, Florida: being more particularly described as follows: Beginning at the Northwest comer of the Southeast Y4 of said Section 7; thence along the North line of the Northwest Y4 of the Southeast Y4 of said Section 7 North 86056' 10" East, 1,310.03 feet to the East line of said Northwest Y4: thence along said East line South 00031' 51 " West, 1,398.44 feet to the Southeast comer of said Northwest Y4: thence along the East line of the Southwest Y4 of the Southeast Y4 of said Section 7 South 00031'51" West, 355.17 feet to the Southeast comer of the lands described in Official Records Book 5067, Pages 764-765; thence along the Southerly boundary of said lands the following three (3) courses and distances (1) North 89035'48" West, 592.60 feet; thence (2) North 01006'44" East, 37,61 feet; thence (3) South 87037'29" West, 726.40 feet to the Easterly right of way line of State Road Number 437; thence along said Easterly right of way line North 00048'40" East, 322.00 feet; thence departing said Easterly right of way line and along the Westerly boundary of said lands the following six (6) courses and distances (1) North 88029'43" East, 489.51 feet; thence (2) North 01004'18" East, 345.22 feet; thence (3) North 88006'20" East, 248.67 feet; thence (4) North 01004' 18" East, 652,77 feet; thence (5) South 87043' 51" West, 523.06 feet; thence (6) North 31010'03" West, 411.03 feet to the POINT OF BEGINNING. Together with: Parcel 2: A Parcel of land lying in the Southeast Y4 of Section 7, Township 22 South, Range 28 East, Orange County, Florida: being more particularly described as follows: Commence at the monumented center of Section 7, being a 1 114" iron pipe, thence along the West line of the Southeast Y4 of said Section 7 South 01004'18" West, 1,672.03 feet; thence departing said West line South 88055'42" East, 5.55 feet to a point on the Easterly right-of-way line of State Road 437, per FDOT right-of-way map Section #75180, said point also being the POINT OF BEGINNING; thence along the Southerly line of the lands described in Official Records Book 5067, Pages 764-765 the following three (3) courses and distances (1) North 87037'29" East, 726.40 feet; thence (2) South 01006'44" West, 37.61 feet; thence (3) South 89035'48" East, 592.60 feet to the East line of the Southwest Y4 of the Southeast Y4 of said Section 7; thence along said East line South 00031 '51" West, 57.88 feet to the Northerly line of the lands described in Official Records Book 6013, Pages 3302-3303 and Official Records Book 5279, Pages 4545-4546; thence along said Northerly line the following three (3) course and distances (1) South 89055'44" West, 590.73 feet; thence (2) North 00004'16" West, 37.61 feet; thence (3) South 89055'44" West, 726.80 feet to said Easterly right-of-way line; thence along said Easterly right-of-way line North 00048'40" East, 33.58 feet to the POINT OF BEGINNING. ORLA_ 443150.1 -4- Exhibit "B" Roger's Property Annexation and Rezoning Location Map ! \ ~ ~~ I ~ - ~ ~ % f-- -- ~ o ~ \ \' C) f-- \ \/ I ~~ I ~ ~/ '- d 3 rH U / 7 ~ \ \ \ \ II III ~ Y 'IT TI ~ rT \ \ \ \ \ IYJ WORst ~~O 1\ II \ \11\\ IIII ~L 15 rHT - - ~T ~~~ r 17T;~ r/JI I I 10 ----1 .. .. 'I' "1-1 W ~ ~ - - :7!=H I 8 u~ ~ ~Ir} ~ r-- K I ~ ~ o ~ ~ I ~ I - I I == i Mf)~1I1 ~ ~ 'l'lA~ --= ----i= ~ I I I - I l