HomeMy WebLinkAboutOrdinance 89-26
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ORDINANCE NO.
89-26
FIRST READING: AUqust 22. 1989
SECOND READING: SeDtember 19. 1989
CASE NO.
1-10ACRCT-89:Z0M
33522070RANGE CO. fL.
10:45:20AH 09/29/89
OR l+ I , 9 PG i 88 6
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
TO EXTEND THE MUNICIPAL LIMITS TO ANNEX,
PURSUANT TO FLORIDA STATUTE 171.044, THE
HEREINAFTER DESCRIBED LAND SITUATED AND
BEING IN ORANGE COUNTY, FLORIDA AND
PETITIONED BY ZOM WEST SO, LTD.;
PROVIDING FOR AND AUTHORIZING THE UPDATING
OF OFFICIAL CITY MAPS; PROVIDING DIRECTION
TO THE CITY CLERK; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Zom West 50, Ltd. by and through James E. Slater,
President and General Partner of Zom Properties, Inc., has
petitioned the City Commission of the City of Ocoee, Florida, to
annex property located in Orange County, Florida; and
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WHEREAS, Florida Statute 171. 044 of the General Laws of
Florida provides that a municipal corporation may annex property
into its corporate limits, upon voluntary petition of the owners
and by passing and adopting a non-emergency ordinance to annex said
property; and
WHEREAS, the City commission of the City of Ocoee is desirous
of annexing and redefining the boundaries of the municipality to
include the subject property pursuant to Florida Statute 171.044,
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. That the following described property being
situated in Orange County, Florida, totaling approximately 38.267
acres being the same as described below, and as shown in a sealed
boundary survey provided to the City, is hereby annexed into the
City of Ocoee, Florida, pursuant to voluntary annexation provisions
of Chapter 171.044, Florida Statutes and other applicable laws.
LEGAL DESCRIPTION:
Lots 2 through 11 inclusive, Block B Westover Farms as
recorded in Plat Book "0", Page 120, public records of Orange
County, Florida.
Together with a portion of the Northeast 1/4 of the Northeast
1/4 of section 29, Township 22 South, Range 28 East and a
portion of the Northwest 1/4 of the Northwest 1/4 of section
28, Township 22 South, Range 28 East, Orange County, Florida,
more particulary described as follows:
Beginning at the intersection of the South right of way line
of State Road 50 and the East line of said section 29, said
point lying S 00 25'38" W a distance of 81.36 feet from the
Northeast corner of said Section 29, run S 89 58' 15" E a
distance of 196.46 feet, thence parallel with said East line
of section 29, run S 00 25'38" W a distance of 581.10 feet to
the North line of Block A, said plat of Westover Farms; thence
along the North line of said plat run S 89 58' 44" W a distance
of 196.46 feet to a point on the East line of said section 29,
Roo Fee $ / 7. 0 0 MARTHA o. HAYNIE.
Add Fee J _ :2. JD Orange County
Doc Tax ~ Comptroller_
Int Tax $ By --I:...AJ )
Total $ / q., ~V Deputy Clerk
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Page 2
Case No. 1-10ACRCT-89:Z0M
thence continuing along the North line of said plat run N 89
55'56" W a distance of 1324.66 to a point on the West line of
the Northeast 1/4 of the Northeast 1/4 of said section 29,
thence along the said West line run N 00 11'31" E a distance
of 580.58 feet to the South line of State Road 50, thence
along said South line run S 89 57'41" E a distance of 1327.05
feet to the Point of Beginning.
.
SECTION 2. That the corporate territorial limits of the City
of Ocoee, Florida, are hereby redefined to include said land herein
described and annexed.
SECTION 3. That 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 4. That the land herein described and future
inhabitants of the 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.
SECTION s. Severabilitv. 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 6. That all ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 7. That 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 Secretary of
State of the State of Florida and with appropriate agencies in and
for Orange County, Florida.
ENACTED THIS
It:} Ji
DAY OF ~
, 1989.
c~1!',~
MAYOR
.
FOR USE AND RELIANCE
FLORIDA, APPROVED AS
\~
BY THE CITY OF OCOEE,
TO FORK AND LEGALITY:
THIS
DAY OF ~~az:
, 1989.
DEN BERG, GAY, BURKE,
OR"" 9 PG 188 7
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Page 3
Case No. 1-lOACRCT-89:Z0M
ADVERTISED SeDtember 7, 1989
READ FIRST TIME Auaust 22, 1989
READ SECOND TIME AND ADOPTED
~~ElZ. tq
, 1989
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
-Sc::.:P~ \,
, 1989 UNDER
AGENDA ITEM NO. Y A
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OR" I t 9PG 1 88a
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CITY OF OCOE E
ANNEXATION PE-rITION.
Case No. 1-lO^CRCT~B9 ZOUT Involvinfl n 30 nero pnrcel located nt the southenst
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,IlECORDED & RECORD VERIfI~
~mr. '
County Co.plrol1er. Orl/l9fl cl."
GR'" , 9 PGlS8 9.
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ANNBXATION HOLD JlARMLBSS AGRBEMENT
This Agreement, made this
day of
JULY
, 1989, by
and between
ZOM West 50, Ltd.
. (hereinafter referred to as "Peti tioner") and the Ci ty of Ocoee,
a municipal corporation existing under the laws of the state of
Florida (hereinafter referred to n~ "city").
WITNESSETH:
WHEREAS, Petitioner warrants that it holds legal title to
that certain land situated in Orange County, Florida, described
in Exhibit "A" attached hereto (hereinafter referred to as the
"Property") ~ and
WJlERBAS,
Petitioner has petitioned the City for annexation
of the Property into the city limits, and said petition is
identified, for reference by the City, as Case #1-~/1CftT-~ and
WHBREAS, the City will contemplate annexation of the
Property upon execution of this Agreement by the parties hereto,
NOW, THEREFORB,
for and in consideration of the mutual
promises contained herein, and for other good and valuable
consideration,
the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Petitioner shall indemnify the City of Ocoee, and each
Commissioner and employee thereof (an "Indemnitee"), and agrees
to save, defend and hold each Indemnitee free and harmless from
and against any and all liabilities, claims, demands, losses,
expenses, damages,
fines,
fees, penalties, suits, proceedings,
Actions and. costs of actions, sanctions asserted by or on behalf
of any person or governmental authority and other liabilities
.
(whether legal or equitable in nature,
nnd including, without
limitation, court costs and reasonable attorneys' fees) to which
any Inde~nitee may be subject or incur, arising out of, caused
by, or otherwise relating to the annexation of the Property into
the city of Ocoee.
2. The City shall proceed to consider annexation of the
Property.
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3. This Agreement shall be binding upon the City of Ocoee
and Petitioner, their succe~oors And "seiQns of all or any
portion of the Property.
4. Nothing contained herein shall limit the riQht of the
city to prescribe other reasonable conditions to be complied with
by Petitioner prior or subsequent to annexation.
5. This Agreement and provisions contained herein shall be
governed by and interpreted in accordance with the laws of the
State of F~orida.
IN WITNBSS WHBREOF, the p"rties hereto have executed this
Agreement as of the dAte and yeAr first above written.
ZOM West 50, Ltd.
BY: ZOM Properties, Inc.
General Partner
BYF :t~Li;)
Signed, Sealed and delivered
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::~Y3Y-P,~
Thomas R. Ison, Mayor
Atteet' j~-
cit Clerk
STATE OF FLORIDA
s. S.:
COUNTY OF
ORANGE
I HEREBY CERTIFY that on thi~ dAY, before me, an offic~r
duly authorized in the state and County aforesaid to take
Acknowledgments, personallY "ppeared _~AMES E. SLATER. President_,
and that HE acknowledged executing the same in the presence
of two subscribing witnesses, freely and voluntarily.
WITNESS my han~ a.n.d official
last aforesaid this t~ day of
~~~d
- Ti~Y ~UBLI " -
My Commission Expires:
state
(NOTARY SEAIJ)
j.~'i ~ ..-..
NOTARY PUBLIC: STATE OF HORIO~ AT tARar
MY COMMISSION EXPIRES NOV. 20; 1992
._BONDED TIlRU HUCKLEBERRY & ~SSOCJATES
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STATE OF FLORIDA
COUNTY OF ()~"..~~t-
S. s.:
I HEREBY CERTIFY thAt on this dAY, before me, 8n officer
duly authorized in the stntl'! nnd County l!I.fok.esaid .Ito take
acknowledgements, personally appeared -T1f-cJ\t 4-<- . -r:s:: l)'"
the Mayor of THE CITY OF OCOEE, to me known to be the person
described in l!I.nd who Acknowledged befor.e me thAt the foregoing
instrument W8S executed by ~ for the purposes therein
expressed.
WITNESS my hand a~d
last aforesaid this ~(~
official ~l in the County and state
day of _T?:-IK~~t 19~~A'
llO~--{U.~
Hy Commission Expires:~G/t~"",/<;~1
(NOTARY SBAL)
FOR USE AND RELlANCl ONlY
BY THE CITY Of ocou.
APPROVED~O fORM AND l.ItWJT'f
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