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HomeMy WebLinkAboutOrdinance 97-21 ORDINANCE NO. 97-21 CASE NO. AR-97 -03-02: WEST OAKS UNITED METHODIST CHURCH AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 7.9 ACRES LOCATED NORTH AND EAST OF THE INTERSECTION OF CLARKE ROAD AND WHITE ROAD 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 INCONSISTENT ORDINANCES; 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 Orange Co FL 1997-0388020 10/24/97 01:28:32p. OR Bk 5351 Pg 32 Rec 28.50 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 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 Sol~ t ~!!! "C .5 ~ ~.- WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has e ~ \I),g:e reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive f~ 8.!:: Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with the 5 ~ ~ g J P A Agreement, and to be in the best interests of the City of Ocoee and has recommended to the c:; ~~ 8 Ocoee City Commission that it approve said annexation petition; and \ >,..0 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 I 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. OR Bk 5351 Pg 33 Orange Co FL 1997-0388020 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 Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JPA Agreement, and 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. 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 of this Ordinance. PASSED AND ADOPTED this }. (,<f day of Or fDfJCiL ,1997. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA yJ--- / ~S;~ (SEAL) ADVERTISED Thursday, September 25, 1997 ADVERTISED Thursday, October 2, 1997 READ FIRST TIME OCTOBER 7, 1997 READ SECOND TIME AND ADOPTED ()c. I'D f'JJ~ .J I . I cr <{ 7 Under Agenda Item No. n A. 1 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APP~lM'ED AS TO....f~~ LEGALITY this day of U I 1997. OR Bk 5351 Pg 34 Orange Co FL 1997-0388020 FOLEY ~RPf'J~(1 --I1-.fJ By: {J!~./~l~ City Attorney OR Bk 5351 Pg 35 Orange Co FL 1997-0 75fKET~H of DE5CRfFTrO& -..:.: - EXHIBIT A LEG:AL. 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'1.( ~ \;/<,~-", " - .,. ,-~ ~-<"\""'::~!'" --'---_:...-- , "-----" ~_. ,'-'-'- '-' --... - - -- - ==:1~~.::~-::::- :::::.~ .' ~: - ~ ----- ....- ... --- - --- ~ - ...... -...-- --- ~~~,..:,;~..:;"'^ -.......- , '," '_: ' . .------ - ~~-'-.~- .~..~ - - _' \_~ - -- ~~~~~~~~:7 - -== ;_~~ ~ - ~l~..oiI=j:........~ ~. === =='=='''~W' --=== " , '-l_~ _C"_ I -, I , ' ~ r,-i i ! ; :.- - L...-- ~.-- L -,,--- -~ -- ~- Legend: 500 o 500 1,000 1,500 2,000 Feet Case # AR-97-03-02 Exhibit B OR Bk 5351 Pg 3& Orange Co FL 1997-0388020 STATE OF FLORIDA COUNTY OF ORANGE CITY OF OCOEE I HEREBY CERTIFY that the foregoing is a true copy of Ordinance No. 97-21, Case No. AR-97-03-02: West Oaks United Methodist Church, annexing a parcel into the City of Ocoee, executed October 21, 1997, the original of which is on file in my office. IN WITNESS WHEREOF, I hereby set my hand and cause the seal of the City of Ocoee to be affixed on this 22nd day of October, 1997. (SEAL) OR Bk 5351 Pg 37 Orange Co FL 1997-0388020 Recorded - Martha O. Haynie