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Home My WebLink AboutOrdinance 2009-006 Annexation of Hopper Property . DOC I 20090248298 B: 9865 P: 6758 04/30/2009 12:24:14 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. 2009-006 (Annexation Ordinance For Hopper Parcel) IIII ~~~fr~~~~~~~11111 TAX PARCEL ID #s 17-22-28-0000-00-006; CASE NO. AX-ll-08-13: Hopper Parcel Annexation AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMA TEL Y 1.24 ACRES LOCATED NORTH SIDE OF SILVER STAR ROAD AND SOUTH OF REWIS STREET., ~ EAST, NORTHEAST OF THE INTERSECTION OF BLUFORD ROAD AND SILVER STAR 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 1.24 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. Coroorate 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 Mans. 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~ day of ~\ 1 , 2009. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA 5S''iCt 6",~~ S. Scott Vandergrift, Mayo~ (SEAL) rOf~ USE AND f~[L1ANCE ONLY BY THE. CITY OF OCOEE ~~a~C:a~A: 'Jl{~r L~~~ By. F eJ;;J<t})!;i g,...nL~'.""'- , City A1torney ADVERTISED ~ AND ~<1 READ FIRST TIME ~~<~ \ -, , 2009. READ SECOND TIME AND ADOPTED ~.\ \ 2- \ , 2009 UNDER AGE DA ITEM NO. \ 2 A -3- EXHIBIT "A" Legal Description: Commence at the Northwest comer of the Southeast 14 of the northwest 14 of Section 17, Township 22 South, Range 28 East Orange County Florida, run North 000 00'00" West along the West line of Second Addition to Lakeview, according to the plat thereof, as recorded in Plat Book "L" Page 136, Public Records of Orange County, Florida, a distance of 357.47 feet to a point on the Southerly right of way line of an existing railroad right of way; thence run South 670 39' 25" West along said Southerly right of way line a distance of207.23 feet to the Point of Beginning; thence continue South 670 39' 25" West along Southerly right of way line a distance of387.00 feet; thence leaving said Southerly right of way line, run South 320 55' 00' East 152.59 feet; thence run North 67039' 25" East 328.32 feet; thence run North 10046' 47" West 153.11 feet to the Point of Beginning. Containing 1.24 acres more or less. -4- Location Map 240 East Silver Star Road (Hopper Annexation) LAKE STARKE ~ ~mJj ~ tt I (<>1 ~ ij'~ o~ <9