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Home My WebLink AboutOrdinance 2008-007 Annexation-Depaiva Parcel ~... ur1 DOC ~ 20080460171 B: 9738 P: 5025 07/31/2008 10:56:08 AM Page 1 of 5 Rec Fee: $44.00 Doc Type' GOVR Mart~a O. Haynie, Comptrolier Orange County FL MB - Ret To: 6COEE II~~III~III . ORDINANCE NO. 2008-007 (Annexation Ordinance For Depaiva Parcel) DOC ~ 20080395913 B: 9723 P: 3617 07/03/2008 09:28:30 AM Page 1 of 5 Rec Fee: $44,00 Doc Type: GOVR Mart~a O. Haynie, Comptroller Orange CountY6 FL MB - Ret To: COEE TAX PARCEL ID #s 16-22-28-0000-00-020; I EI~~~~'II CASE NO. AX-03-08.:12: Depaiva Parcel Annexation AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERT AIN REAL PROPERTY CONTAINING APPROXIMA TEL Y 0.65 ACRES LOCATED NORTH OF AND ADJACENT TO CENTURY OAK DRIVE AND APPROXIMATELY y.. MILE WEST OF THE INTERSECTION OF BRYCE DRIVE AND CLARKE 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 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 approximately 0.65 acres of property as more particularly described in Exhibit "A" hereto, into the corporate limits of the City ofOcoee, Florida; and . WHEREAS, the Ocoee City Commission has determined that said application 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 of Ocoee 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 -1- 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 owner 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. Authoritv. 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. Petition. 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. Annexation. 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). 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 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. Consistency Findin2. 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. Corporate Limits. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. SECTION 7. Official Maps. The City Clerk is hereby authorized and directed to -2- update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. . SECTION 8. Liabilitv. 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. Conflictin2 Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10. Severability. 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 11. Effective Date. 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\Way of J (JNV A TT~ST::";.~ \, \ \, '...... i '''.'' . If :. ."'". (SEAL) .:',., "-; ,t1! ;.~.. ~~ 1"" ' . L ,. " FOR~Sii ~~\ltECIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROvpI< AS TO F~ AND LEGALITY ON this U day of~, 2008. . ~:LEP;];W City Attorney ,2008. APPROVED: CITY OF OCOEE, FLORIDA ~~V~~gri~ ADVERTISED ~.A.n-l S~.,. ~008 READ FIRST TIME (fUI\f _ 3 ' 2008. READ SECOND TIME AND ADOPTED -.:::r~~t'f..., 0 =:Jl08 UNDER AGENDA ITEM NO. fA. -3- EXHIBIT "A" Legal Description: . Parcel 1 From the Northwest corner of Section 16, Township 22 South, Range 28 East, run thence South 0015' East along the West line of Section 16, 1342.2 feet; thence North 89053' East 1361.58 feet; thence North 0002' West, 674.2 feet for the Point of Beginning; run North 002' West to the lake, thence back to the Point of Beginning; thence South 89047' East 100 feet; thence North 0002' West to the lake; thence Northwesterly along the water's edge of said lake to the first described point; thence South 0002' East to the point of Beginning; all in Section 16, Township 22 South, Range 28 East, Orange County, AND: Parcel 2 From the Northwest corner of Section 16, Township 22 South, Range 28 East, run thence South 0015' East along the West line of Section 16, 1342.2 feet, thence North 89053' East 1361.58 feet; thence North 0002' West 674.2 feet; thence South 89047' East 100 feet for the Point of Beginning, thence South 89047' East 50 feet; thence North 0002' West to the lake; then Northwesterly along the water's edge of said lake to a point North 0002' West of the Point of Beginning; thence run to the Point of Beginning. Access Strip: Parcel "A" of Silver Glen Phase 2, Village 1 as recorded in Plat Book 32, Pages 117 through 118 ofthe Public Records of Orange County, Florida, more particularly described as follows: Begin at the Southeast corner of Lot 32 of said Silver Glen Phase 2, Village 1; thence north 14051 '57" East, a distance of 109.30 feet along the Southeasterly line of said Lot 32 to a point on the Northerly line of said Silver Glen Phase 2, Village 1; thence South 89029' 40" East, a distance of 20.65 feet along said Northerly line to the Northwesterly line of Lot 33 of said Silver Glen Phase 2, Village 1; thence South 14051' 5 7" West, a distance of 114.46 feet along said Northwesterly line to a point on the Northwesterly right of way line Century Oak Drive, said point being a point on a nontangent curve concave Southwesterly having a radius of 4,604.11 feet, a central angle of 00014'56", and a chord bearing and distance of north 75001 '27" West, 20.00 feet; thence Northwesterly along the arc of said curve 20.00 feet to the POINT OF BEGINNING. . Containing 2,238 square feet, more or less. -4- . .' EXHIBIT "B" MAP OF AREA Q