HomeMy WebLinkAboutOrdinance 97-06
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ORDINANCE NO. 97-06
Oranue Co FL 19q7-00B53~&
0313~7 11:30:0921"
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CASE NO. AR-95-08-04: BURNDEN PARK, PHASE II
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO
THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 22 ACRES LOCATED BOTH
NORTH AND SOUTH OF HACKNEY-PRAIRIE ROAD BETWEEN CLARKE ROAD
AND APOPKA-VINELAND 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 Grange County, Florida, as hereinafter described, have
petitioned the City Commission of the City of Gcoee, Florida (the "Gcoee City Commission") to
annex said real property into the corporate limits of the City of Gcoee, Florida; and
WHEREAS, the Gcoee 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 Gcoee, 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 Grdinances of the City of Gcoee (the "Gcoee City Code"); and
WHEREAS, on February 11, 1994, Grange County and the City of Gcoee entered into a
Joint Planning Area Agreement (lithe JPA Agreement") which affects the annexation of the real
property hereinafter---described; and
'.
WHEREAS, the Planning and Zoning Commission of the City of Gcoee, Florida, has
reviewed the proposed annexation and found it to be consistent with the Gcoee Comprehensive
Plan, to comply with all applicable requirements of the Gcoee City Code, to be consistent with the
JPA Agreement, and to be in the best interests of the City of Gcoee and has recommended to the
Gcoee City Commission that it approve said annexation petition; and
WHEREAS, the Gcoee 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 Oeoee 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.
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 "An (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.
OR Bk 5215 P9 4472
Orange Co FL 1997-0085366
SECTION 9. If any section, subsection, sente:1ce, clause, phrase, or portion of th~~
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 4Q day of t:6-P.1R1Ar"ty J 1997.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
(SEAL)
ADVERTISED January 9, 1997
ADVERTISED January 16, 1997
READ FIRST TIME January 21, 1997
READ SECOND TIME AND ADOPTED
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Under Agenda Item No. .4 . I. ct.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APP~OVED AS TO W~M AND LEGALITY
this i..f day of ~1Vu..~ J 1997.
FOLEY ~RDNE~ j J / i
By: _~OJl ; (ld'~
City Attorney
OR Bk 5215 Pg 4473
Orange Co FL 1997-00853&&
OR Bk 521 5 Pg 4474
Orange Co FL 1997-0085366
Legal Description
The SW1I4 of the NW 114 of the SW 1/4, except the North 125 feet thereot: except the
East 150 feet thereof, and except the South 30 feet thereof, Section 3, Township 22 South,
Range 28 East, Orange County, Florida,
and
The NW 1/4 of the SW 1/4 of the SW 1/4, except the South 60 feet thereof and except the
North 30 feet thereof, Section 3, Township 22 South, Range 28 East, Orange County,
Florida
and
Lots 1 to 7 inclusive. LAKE HACKi~EY SHORES. according to the plat thereof as
recorded in Plat Book S, Page 120, Public Records, Orange County, Florida, together with
a 30-foot strip along the North line of said lots being the South ~ of a vacated street
known as Hackney Prairie Road.
Exhibit "A"
(PHASE II)
Exhibit A
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OR Bk 5215 Pg 447S
Orange Co FL 1997-0085366
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Burnden Park, Phase II
Annexation Case #AR-95-08-04
Exhibit B
OR Bk 5215 Pg 447&
Orange Co FL 1997-0085366
STATE OF FLORIDA
COUNTY OF ORANGE
CITY OF OCOEE
Recorded - Martha O. Haynie
I HEREBY CERTIFY that the foregoing is a true copy of
Ordinance No. 97-06, Case No. AR-95-08-04: Burnden Park, Phase II, annexing
a parcel into the City of Ocoee, executed February 4, 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 7th day of March, 1997.
(SEAL)