HomeMy WebLinkAboutOrdinance 89-29
ORDINANCE NO.
89-29
FIRST READING: August 22, 1989
SECOND READING: SeDtember 19, 1989
CASE NO. 1-3ACR-89:VOSS
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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
TO AMEND THE 1979 COMPREHENSIVE PLAN,
PURSUANT TO FLORIDA STATUTES 163.3187
AND 166.041, ESTABLISHING THE ZONING
CLASSIFICATION OF A CERTAIN AREA WITHIN THE
MUNICIPAL BOUNDARIES; MARING FINDINGS OF
FACT; DESCRIBING THE PROPERTY TO BE ZONED;
PROVIDING FOR AND AUTHORIZING THE UPDATING
OF OFFICIAL CITY MAPS; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Grover H. Voss, Trustee has petitioned the City of
Ocoee Board of Commissioners for a Comprehensive Plan Amendment-
Zoning Change; and,
WHEREAS, the City of Ocoee Board of Commissioners has annexed
this property; and,
WHEREAS, the Planning and Zoning Commission has reviewed the
petition; and,
WHEREAS, a Public Hearing as provided in Section 5-1, Chapter
2, Appendix A of the Code of Ordinances of the City of Ocoee,
Florida, Statutes 163.3184 and 166.041, was held on the question
of rezoning of said parcel of real property described below after
due public notice; and,
WHEREAS, the City Commission of the City of Ocoee, Florida,
has made an independent examination and determined that the zoning
classification of the parcel of real property as set forth below
is in the best interests of the City; and,
WHEREAS, the rezoning is consistent with the 1979 City of
Ocoee Comprehensive Plan,
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA:
.
SECTION 1. Pursuant to authority of the City Commission of
the City of Ocoee, Florida, the following described parcel of real
property shall henceforth bear the zoning classification as
indicated below as defined by Appendix A of the Code of Ordinances
of the City of Ocoee, Florida ("sealed" boundary survey in Case
File) :
TO BE CLASSIFIED: P-S, Professional Offices and Services
District
LEGAL DESCRIPTION: All of Block A, and Lots 1, 12, 13, 14,
and 15, Block B, of "Westover Farms", as recorded in Plat Book
0, Page 120, of the public records of Orange County, Florida;
together with:
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 particularly described as follows:
Page 2
Case No. 1-3ACR-89:VOSS
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Commence at the Northwest corner of said section 28, thence
run South 00 25'38" West 81.36 feet to the South Right-of-Way
line of State Road 50; thence along said Right-of-Way line
South 89 58'15" East 196.46 feet to the Point of Beginning;
thence continue along said Right-of-Way line South 89 58'15"
East 343.84 feet; thence run South 00 25'39" West 580.80 feet
to the North line of said Block A; thence along said North
line run South 89 58'44" West 343.84 feet; thence run North
00 25'38" East 581.10 feet to the Point of Beginning.
SECTION 2. That the City Clerk is hereby authorized to update
and supplement the official City of Ocoee maps to include said land
herein described.
SECTION 3. 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 ... That all ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 5. That the City Clerk is hereby directed to file a
certified copy of this Ordinance with the Florida Department of
Community Affairs immediately following its passage and adoption.
SECTION 6. That this Ordinance shall take effect 22 days
following its passage and adoption, and thereafter, the City Clerk
is hereby directed to file a certified copy of the Ordinance with
the S::::::~T::8sta::~Of theD::a:: O~O~~ ,1989
.
ATTEST:
~/~
CI Y CLERK
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, APPROVED AS TO FORM
AND LEGALITY THIS Ol&.-d DAY
OF ~TEl'v\.iS~ , 1989.
FOLEY, LARDNER, VAN DEN BERG, GAY,
BURlCB=~AND ARKIN
~K~~
CITY ATTORNEY
.
.
Page 3
Case No. 1-3ACR-89:VOSS
ADVERTISED
SeDtember 7, 1989
READ FIRST TIME
Auaust 22, 1989
READ SECOND TIME AND ADOPTED
~, 1989
APPROVED BY THE OCOEE ~ fqOMMISSION
AT A MEETING HELD ON , 1989
UNDER AGENDA ITEM NO. Ii ~ .
ANNEXATION HOLD IIARMLESS AGREEMENT
This Agreement, made this 12th day of July ,198.9. by
and between Grover H. Voss, Trustee
. (hereinafter referred to as "Petitioner") and the city of Ocoee,
a municipal corporation existing under the laws of the State of
Florida (hereinafter referred to as "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
WHEREAS, Petitioner has p~titioned the City for annexation
of the Property into the city limits, and said petition is
identified. for reference by the city, as Case ff 1-'1ACIl- &'1 and
WHEREAS, the City will contemplate annexation of the
Property upon execution of this ^greement by the parties hereto,
NOW, THEREFORE, 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 nIl 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, and including, without
limitation, court costs and reasonable attorneys' fees) to whicll
any Inde~nitee may be subject or incur, arising out of, caused
by, or otherwise relating to the annexation of th~ Property into
the City of Ocoee.
2. The City shall proceed to consider annexation of the
Property.
3. This AQreem~nt shall be binding upon the city of Ocoee
and Petitioner,
their successors ftnd Resigns of Allor Any
portion of th~ Property.
4. Nothing eontained herein shall limit the right 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,lorida.
IN WITNBSS WHBREOF, the pnrties hereto have executed this
Agreement as of thp. dnte and yenr first above written.
f(Jtfl4- :J~
rover H. Voss, Trustee
7v; 4.~fi At ) ~ . ~n..;...)
~~>>-1Y~4~Lilj
:::3LQ - ~
Thomas R. Ison, Mayor
Attest:~
oJ Grafton
ci y Clerk
STATE OF FLORIDA
S. S.:
COUNTY OF QRANGE;___
I HEREBY CERTIFY that on thi~ day, before me, an
duly authorized in the state and County aforesaid
acknowledgments, personally Ilppeared Grover H. Vn~~)
and that he acknowledged executing the same in the
of two subscribing witnesses, freely and voluntarily.
officer
to take
T r..us-t-e-e '
presence
.
WITNESS my hand and official seal in the County
last aforesaid this _J.2..t.h day of ' 198~ y-
lJ~~ ~
N T RY PUBLIC;7
and state
(NOTl\RY SEAIJ)
d7.,.1
My commission Expires:
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STATE OF FLORIDA
COUNTY OF O~ftfJ~t-.
s. S.:
I HEREBY CERTIFY thAt on thi~ dAY, before me, an officer
duly authorized in the stnt~ nnd County af~resaid to take
acknowledgements, personAlly appeared "f1'h'1'lI""!! rc.(,i)
the Mayor of THE CITY OF OCOEE, to me known to be the person
described in And who Al:knOWle~ before me thAt the foregoing
instrument was executed by for the purposes therein
expressed.
WITNESS my hand A~d
last aforesaid this ~/~
officiAl seal in the County and state
day of ~~~8:LA ,
~BL~
My Commission Expires: ,t,6.,..,rll)/?17>
(NOTARY SHAL)
FOR USE NfIJ MUNICI'"
BY TH[ em fIF ocaa.
APPIlOVED AI 10 ~MDLBIMItY
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