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Home My WebLink AboutOrdinance 2009-004 Annexation for 529 Ocoee- Apopka Road DOC a 20090175184 B: 9848 P: 5584 03/25/2009 01:02:07 PM Page 1 of 6 Rec Fee: $52.50 Doc Type: GOVR Martha O. Haynie, Comptroller Orange CountY6 FL MB - Ret To: COEE ORDINANCE NO. 2009-004 (Annexation Ordinance For 529 Ocoee-Apopka Road) 11111:~~~,i~~~,\m~11111 TAX PARCEL ID #s 18-22-28-0000-00-007; 18-22-28-0000-00-083 ; CASE NO. AX-07-08-13: 529 Ocoee-Apopka Road Annexation AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERT AIN REAL PROPERTY CONT AINING APPROXIMA TEL Y 1.84 ACRES LOCATED EAST OF AND ADJACENT TO OCOEE-APOPKA ROAD AND APPROXIMATELY 1790 FEET NORTH OF SILVER STAR ROAD; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER, SCI FUNERAL SERVICES OF FLORIDA, INC.; 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 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 1.84 acres of property as more particularly described in Exhibit "A" hereto, 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 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 ORLA_1199942.2 -1- 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 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 signature of the duly authorized representative of the City of Ocoee, the sole owner 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 A TT ACHED HERETO AND BY THIS REFERENCE MADE APART 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. Annexation to Centerline of Road. 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. ORLA_1199942.2 -2- SECTION 5. Consistency Findine:. 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 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. Conflictine: 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 \1 day of -1Y\o.-'~ ,2009. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA ___<;' Yfi tl~ S. Scott Vandergrift, M or (SEAL) ORLA_1199942.2 -3- FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO WRM AND L.mt:nfV THIS -1..L DA V OF , 2009 :~LEq~ll::JM City Attorney ORLA_1199942.2 ADVERTISED 3/5 hJ'1 AND3/2~q READ FIRST TIME M/J.'(~ g-, 2009. READ SECOND TIME AND ADOPTED -.M arC]) '7 , 2009 UNDER AGENDA ITEM NO. ---J 2. A -4- EXHIBIT "A" [Legal Description] PARCEL ONE: From the North \i4 corner of Section 18, Township 22 South, Range 28 east, run South along the \i4 Section line 385.04 feet for a Point of Beginning, run thence S 8T 19' E 202.25 feet; thence S 2'41' W 33.81 feet; thence S 8T19' E 41.22 feet; thence S 2'41' W 157.09 feet; thence S 89035' 30" W 234.10 feet to the \i4 Section line; thence North 203.73 feet to the Point of Beginning less the West 30 feet for Road right of way (per O.R. 4794, Pg. 1773, of the public records of Orange County Florida). Together with PARCEL TWO: A portion of the Northwest \i4 of the Northeast \i4 of Section 18, Township 22 South, Range 28 East, Orange County, Florida. Being more particularly described as follows. Commence at the Northwest corner of the Northeast \i4 of said Section 18; thence run due South, along the West line of the Northeast \i4 of said Section 18 for 588.80 feet; thence run N 89035'30" E for 28.65 feet to the Point of Beginning, on the East right-of-way line of State Road 437; thence run N 89035'30" E for 205.62 feet; thence run S 2'41 '00" W for 202.78 feet to a point of intersection with a line 180.00 feet North of and parallel with the South line of the North 3/4 of the Northwest \i4 of the Northeast \i4 of said Section 18; thence run N 89'59'49" W along said line 196.33 feet to the East right-of-way line of State Road No. 437; thence run N 0003'39" E for 201.08 feet to the Point of Beginning (per O.R. Book 4794, Page 1773 of the Public Records of Orange County, Florida). ORLA_1199942.2 -5- EXHIBIT "B" 529 Ocoee-Apopka Road Annexation Location Map l r-- - ------- ---- ~ I I 0- T \ l L \ ~ g ;;;, ij;~ ~ ~ . ij~~~ ~ ... ;~~ ~0 T\-i~=3LiL ~ :11;:" = J ~ ==1 e =.~- =:: c- - '-- ----- _0. ~ =Th=::t _ U lJ -~ E~~ -~ r::;:..., ihf ?- ~I T ~,I ,t~l - -L..../ \---, ~ ~ ---J ~ --'l-l ~ _ _l- --Gn- ,L--J L1---:llL ORLA_1199942.2 -6-