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Home My WebLink AboutOrdinance 2008-005 Annexation-Belmere Shoppes ~ ..--A DOC I 20080474419 B: 9741 P: 8362 08/08/2008 01:41:12 PM Page 1 of 5 Rec Fee: $44.00 Doc Type: GOVR Martha O. Haynie, Comptroller Orange CountY6 FL MB - Ret To: COEE ORDINANCE NO. 2008-005 (Annexation Ordinance For Belmere PD, Parcel H) . TAX PARCEL ID #s 31-22-28-5477-01-000; 31-22-28-5477-02-000 31-22-28-5477-03-000 31-22-28-5477-00-001 I E~~I~~II CASE NO. AX-06-07-09: Belmere Shoppes 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 26.65 ACRES LOCATED WEST OF AND ADJACENT TO MAGUIRE ROAD AND SOUTH OF AND ADJACENT TO ROBERSON ROAD AT THE SOUTHWEST QUADRANT OF THE INTERSECTION OF MAGUIRE ROAD AND ROBERSON ROAD; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; ANNEXING ADJACENT PUBLIC ROAD RIGHT-OF-WAY TO THE CENTERLINE THEREOF; 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(s) 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 CommissioI)") 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 of Ocoee (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 ORLA_682763.1 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 lP 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 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 land annexed pursuant to this Ordinance shall extend to the centerline of any public road right-of-way located adjacent to the real property described on Exhibit "A" attached hereto, provided, however, that the annexation of any such right-of-way shall not serve to transfer any construction, operation or maintenance responsibilities with .respect thereto, except to the extent such responsibilities are expressly transferred to and accepted by the City pursuant to an interlocal agreement in accordance with Section 335.0415, Florida Statutes. Section 6. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the lP A Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the lP A Agreement, and the Ocoee City Code. ORLA_682763.1 -2- Section 7. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 8. 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 9. 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 10. 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 ofthe remaining portion hereto. Section 11. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 12. 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. .f S~ ill ~.f:>;t.l PASSED AND ADOPTED this ~ day of~, 2008. APPROVED: CITY OF OCOEE, FLORIDA S ~::JIlb{)CVy;A-~ S. Scott Vandergrift, May (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LE~niTY THIS ---1- DAY OF , 2008 FOLEt)< LARD7::)j By: VtuJ~ City Attorney ORLA_682763.1 ADVERTISED~n^ 'M '2~D rkAr~A "J,,?,2(J(J~ READ FIRST TIME MArl'llt , 2008. AD SECOND TIME AND ADOPTED . 0 ,UNDER AG NDA ITEM NO. 5" a... -3- EXHIBIT "A" DESCRIPTION: That part of Section 31, Township 22 South, Range 28 East, Orange County, Florida, described as follows: Commence at the Northeast corner of the Southeast 1/4 of said Section 31; thence SOo021'38"E along the East line of Southeast 1/4 of said Section 31 for as distance of 70.13 feet; thence leaving said East line S89038'22"W, 40.06 feet to the East line of Lands described in Official Records Book 7779, Page 640, of the Public Records of Orange County, Florida, and the POINT OF BEGINNING; thence run the following 15 (fifteen) courses and distances along the boundary of said lands: N45032'11 "W, 28.28 feet; S89026'50"W, 381.47 feet; thence NOo033'10"W, 20.00 feet; thence S89026'50"W, 356.38 feet; thence SOo021'38"E, 472.76 feet; thence S36055'16"W, 265.45 feet; thence S42014'20"W, 146.24 feet; thence S28050'11"E, 90.73 feet; thence S21023'16"E, 146.58 feet; thence S11005'16"E, 75.92 feet; thence S03039'27"E, 67.34 feet; thence S15003'23"W, 30.67 feet to a point on a non-tangent curve concave Southwesterly having a radius of 622.03 feet and a chord bearing of S66020'36"E; thence Southeasterly along the arc of said curve through a central angle of 17012'03" for a distance of 186.74 feet to a point on a non-tangent curve concave Northerly having a radius of 1380.62 feet and a chord bearing of S75004'24"E; thence Easterly along the arc of said curve through a central angle of 32014'55" for a distance of 777.07 feet to a non-tangent line; thence NOo015'51"W, 1420.03 feet to the POINT OF BEGINNING. Containing 26.647 acres more or less and being subject to any rights-of-way, restrictions and easements of record. ORLA_682763.1 -4- Exhibit "B" Belmere PO Parcel H Annexation Location Map .-J W :::> en c::{ w ~ r-