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Home My WebLink AboutOrdinance 89-37 , ., . ~ ~ I~ ~ LJt ~ ~ (11 "- <l ~ lYJ ~ ~ t lL l.{j '~ D ( ~ ~ ~~ ~ \i ~ ~ J~ Lci S J ~ \j . Ree Fee $ Add Fee $ Doc Tax $ Int Tax $ Total $ ORDINANCE NO. 89-37 FIRST READING: AUClUst 22, 1989_ SECOND READING: SeDtember 19, 1989 335:?:? .140RAN~E: CO. FL. lG:46:4GAM 09/29/89 CASE NO. 1-5ACR-89:WARD OR 4 I , 9 PC I 9 0 9 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 ELDON L. WARD; 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, Eldon L. Ward has petitioned the City commission of the City of Ocoee, Florida, to annex property located in Orange County, Florida; and 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 2.67 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: All that part of the East 1/2 of the West 1/4 of the Southeast 1/4 of the Northwest 1/4 in section 10, Township 22 South, Range 28 East, Orange County, Florida, lying South of the Seaboard Coast Line and Florida Central Railroad right-of-way; and less the South 30.00 feet for road right-of-way. 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. /].00 ~ < Vi) MA RTHA O. HAYNIF. Orange Coun~ ComptrolleJ:: 4JT By ~ Deputy ClerIC /J(O() . ~ \ " Page 2 Case No. 1-5ACR-89:WARD 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 5. 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 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 19 :l DAY OF !1-~~ I , 1989. CITY OF OCOEE, FLORIDA ::IL Q.~ MAYOR ATTEST: FOR SE AND RELIANCE FLORIDA, APPROVED AS \c\'" BY THE CITY OF OCOEE, TO FORK AND LEGALITY: THIS DAY OF ~1>1 , 1989. FOLEY, LARDHER, VAN DEN BERG, GAY, BURKE, WILSON AND I OR 4 I 1 9 PG I 9 I 0 . ADVERTISED september 7, 1989 READ FIRST TIME Auaust 22, 1989 RE~S. El~HD lIME AND ADOPTED ,:J 'Q.~,-) (1 , 1989 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ~). t i9 , 1989 UNDER AGEHDnTEM NO. V f\ 1)- ,~. l ~., /.~ i7 ""'.h . . ---- --. -- .--"._r..........,'" CITY OF OCOEE ANNEXA-rION PETITION Case No. 1-SACR-B9 WARD: Involving ;t 2.68 acre pnrcel on the north side of A.D.Mims Road. just west of PrairIe Lllke Boulevard I I I I . ~,'.',~ i . :. ,; i ~ ' \'. ',~ I ~ I ~ i ~,]=c:: ----- ! i -. --- ~ I t . .', '. . :' ;1 II, d, ,! t ,I ) ( ( I f:( ,; i . ' . ':1: .1',':, "::j 1....1 ! ---r- " \ . ]------1 ==--=-'1 I -1______\ i -\ ~ I ..... 1 RAen 89:W AnD j , '. \'~r i: , n-1-A '( I, / I, I; ~ ,,-,i " ! ,t, .Ii OR4" 9PG , 91.' JlECORDED & RECORD VERIl\~ ~~ Count,y COllplnlJJer, 0,....8 c... 'l. . ANNBXATION HOLD IIARMLESS AGRBEMENT Thi. A.r.e.~. .Ade this J'~ ~AY of ~~ . between G.d:-/)(JAJ A... tA../fi,el) I 19 !9 by and . (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 nA "city"). WITNBSS~TH: WHEREAS, Petitioner warrants that it holds legal title to that certain land situated in Orange County, Florida, described in Exhibi~ "A" attached hereto (hereinafter referred to as the "Property"): and WHEREAS, 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 tt 1- 5"Acp- &? 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 liabiliti.es . (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. :"'/0',' 3. This Agreement shall be binding upon the city of Ocoee and Petitioner, their successors and aesigns of Bll or any portion of the Property. . 4. Nothing contained 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 Bnd provisions contained herein shall be governed by Bnd interpreted in accordance with the laws of the State of F,lorida. IN WITNESS WHEREOF, the pArties hereto have executed this Signed, Sealed and delivered in the presence of: ?~ 'PJ. K'-'7 By: ( / Agreement BS of the date and yeAr first above written. hi 12 ... .;~" ,. ) ~. d.A (J'.A./' ~~U~_ CI:JL () By [.. Thomas R. Ison, ~ Hayor STATE OF FLORIDA COUNTY OF ~~ I HEREBY CERTIFY that on this dAY, before me, an officer duly authorized in the State and County aforesaid to take acknowledgm~nts, personally Appeared ~?b~~~~~~------' and that a~ acknowledged executing the same in the presence of two subscribing witnesseB, freely and voluntarily. 5.5. : . WITNESS my hand anG?official last aforesaid this /tJ ~day of (NOTARY SEAl,) se% i,n the County 'b~19'" _rJ _ Lfn. NOTARY PUBLIC and . StAb~ My Commission . ~- d- Expires: q/J'I / Cf;L . . I' STATE OF FLORIDA COUNTY OF D i ~ 1)6 t- S. 5.: I HEREBY CERTIFY thAt on this dAY, before me, an officer duly authorized in the StAte And County AforeAaid tl? tAke acknowledgements, personAlly appeared T~M~ !:!u :I;:"s..o,A./ the Mayor of THE CITY OF OCOEE, to me known to be the person described in and who Acknowledged befor.e me that the foregoing instrument was executed by ~ for the purposes therein expressed. WITNESS my hand AQd last aforesaid this ~/~ (NOTARY SBAL) in the County and state Sti-_: r~~r/ PUBL~ My Commission Expires: A <<I6"S r- /1) /11D FOR USE AND AELIANCI ONLY BY THE CITY CIf oc:ou. APPROVEON FOIW ANDLIDM.nY tNt \.1\ .at ~~ 1.41 -:~ I I: 1