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HomeMy WebLinkAboutOrdinance 88-17 ORDINANCB NO. 88-17 34537620RANGE CO. fL. 11:97:40A" 92/22/99 ORij I 5 9 PG 2 8 4 9 First Reading 5-19-88 Second Reading 6-21-88 Adopted 6-23-88 . AN ORDINANCB OF THB CITY OF OCOBB, FLORIDA TO BXTBND THB TBRRITORIAL AND MUNICIPAL LIMITS TO ANNEX, PURSUANT TO FLORIDA STATUTE 171.044 THE HBREINAFTBR DESCRIBED LAND SITUATED AND BEING IN ORANGE COUNTY, FLORIDA AND PETITIONED BY JEFFREY YEAGER, TRUSTEB (CASB NO. 11A-88) PROVIDING FOR AND AUTHORIZING THB UPDATING OF OFFICIAL CITY MAPS: PROVIDING DIRECTION TO THB CITY CLERK: CONFLICTS: AND BFFECTIVE DATE. WHERBAS, petitioned the annex property and S.R. 50 in JEFFREY YEAGER, TRUSTEE (CASE NO. 11A-88) has City Commission of the City of Ocoee, Florida to located at the northwest corner of Good Homes Road Orange County, Florida; and WHBRBAS, 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 WHBRBAS, 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, THERBFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOBE, FLORIDA AS FOLLOWS: Section 1. That the following described property situated in Orange County, Florida totaling approximately acres be and the same is hereby annexed into the City of Florida pursuant to voluntary annexation provisions of 171.044, Florida Statutes and other applicable laws: being 24.5 Ocoee, Chapter \ .J& J i8;1 WITHIN SECTION 22, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; e.. THE S 1/2 OF LOTS 41 AND 42 PLUS LOTS 43 AND 44, ROSE HILL GROVES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "H", PAGE 146, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, EXCEPT EXISTING RIGHTS-OF-WAY FOR S.R. 50 AND GOOD HOMES ROAD, IF ANY. Section 2. That the corporate territorial limits of the City of Ocoee, Florida are hereby redefined to include said land herein described and annnexed. 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. Rec Fee $ C;. 0 D MARTHA O. HAYNIE, Add Fee $ / , ')--0 Orlln~e County Doc Tax $ Comptroller '/C/ r Int Tax $ By _. (7. Total , / (). c;- () Deputy Clerk . . ~ Section 5. That if any section or portion of a section or subsection of this ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection of this Ordinance. Section 6. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. This ordinance shall not become effective until the adoption by the City of Ordinance No. 88-16. ENACTED THIS 23rd June , 1988. DAY OF CITY OF OCOEE, FLORIDA ~ ATTEST: Approved as to form and content: {jd? MJ CITY ATTORNEY OR" , 59PG285 0 JECOROED & RECORD YUlFll' ~~ Counl,J COMptroller, Or.. C.. n. . ~ ~B I ,Ihl,! 1'111 A1 . ANNEXATION HOLD HARMLESS AGREEMENT This Agreement, made this ~:;v( day of \ \;;~~ , 19 P Y; by and between Jeffrey Yeaqer, 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: 34537630RANGE CO. fL. 11:97:40AM 92/22/90 OR 4 I 5 9 PG 2 85 I holds legal title to WHEREAS, Petitioner warrants that it that certain land situated in Orange County, Florida, described in Exhibit "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 # llA-88 and WHEREAS, the City will contemplate annexation of the Property upon execution of this Agreement 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 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, and including, without limitation, court costs and reasonable attorneys' fees) to which any Indemnitee ~~?dv~bject or incur, arising out of, caused by, or otherwise^t~~~ng to the annexation of the Property into the City of Ocoee. 2. City shall proceed to consider annexation of ~. -~.~ ..~ the The .- Property. Ree Fee $ Add Fee $ =- Doe Tax $ Int Tax $ Total $ /Y.ob c2.c)rJ MARTHA O. HAYNIF.. Oran,~e County ComptroHer /1 By_. {WI Deputy Clerk / j, 00 3. This Agreement shall be binding upon the City of Ocoee and Petitioner, their successors and assigns of all 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 and provisions contained herein shall be governed by and interpreted in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Si in By\J1Id/:; ~:~ '-I CITY OF OCOEE ~~E:mr B . WITNESS my hand and official last aforesaid this c:2 0 ~day of ~::'J: the County , 1988. ;;;~ '[YJ NOTARY PUBLIC and State (NOTARY SEAL) ~-_. \, My Commission Expires: Notary Public, State of Florida 'at M Large y Commission Expires July 19, 19aa - -' - ~.... OR4159PG2852 -2- . . STATE OF FLORIDA ) ) S.S.: ) COUNTY OF ORI1Al6E I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared J...E9~ 2>ABBS.. JR- the Mayor of THE CITY OF OCOEE, to me known to be the person described in and who acknowledged before me that the foregoing instrument was executed by ft/A4 for the purposes therein expressed. WITNESS my hand and last aforesaid this :Z07JI official seal in the County and State day of Februay , 19~ 90 . ~~~ NOTARY PUBLIC (NOTARY SEAL) My Commission Expires: OHICI~l SEAL FRANC!' seRA lAJCZAK No'a'" p',,". '''. Slate of Flonda !lIh (:0"'''' .'""on Expires AUGUSt 5 1991 014159p&2853 ..- _4 '- ..... .RECORDED & RECORD VERIfIE9., ~~ C_~ COIWptroner, Orl"lle Co." -3- IN THE CIRCUIT COURT IN AND FOR ORANGE COUNTY, FLORIDA IN RE: JUDICIAL NOTICE OF MUNICIPAL ORDINANCES CITY OF OCOEE DOCUMENTARY # 88 -17 R E C E I P T I, FRAN CARLTON, CLERK, do hereby acknowledge receipt of the following ordinance(s): OF THE CITY OF OCOEE, FLORIDA TO EXTEND THE TERRITORIAL AND MUNICIPAL LIMITS TO ANNEX, PURSUANT TO FLORIDA STATUTE 171.044 THE HEREINAFTER DESCRIBED LAND SITUATED AND BEING IN ORANGE COUNTY, FLORIDA AND PETITIONED BY JEFFREY YEAGER, TURSTEE (CASE NO: 11A -88) PROVIDING FOR AND AUTHORIZING THE DIRECTION TO THE CITY CLERK; CONFLICTS; AND EFFECTIVE DATE. FRAN CARLTO CL RK' OF' CIRCUT iUNTY: COURTS Aritlet