HomeMy WebLinkAboutOrdinance 88-16
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Int Tax $
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MARTHA O. HAYNIE,
Orange County
Comptroller _
By_ ()AJ)
Deputy Clerk
ORDINANCE NO. 88-16
First Reading
34537.6QORANGE C'Q. FL
11:G7:G@AH 92/22/99
OR 4 I 5 9 PG 2 84 2
5-19-88
I q, S'o
Second Reading 6-21-88
Adopted 6-23-88
.
AN ORDINANCE OF. THE CITY OF OCOEE,
FLORIDA TO EXTEND'THE TERRITORIAL AND
MUNICIPAL LIMITS TO ANNBX, PURSUANT TO
FLORIDA STATUTB 171.044 THB HBREINAFTBR
DESCRIBBD LAND SITUATBD AND BEING IN
ORANGB COUNTY, FLORIDA AND PBTITIONBD BY
BARRY S. GOODMAN, AGENT FOR LAKB LOTTA,
LTD. (CASE NO. 10A-8S) PROVIDING FOR AND
AUTHORIZING THE UPDATING OF OFFICIAL CITY
MAPS; PROVIDING DIRBCTION TO THE CITY
CLBRK; CONFLICTS; AND BFFBCTIVE DATB.
WHEREAS, BARRY S. GOODMAN, AGENT FOR LAKE LOTTA, LTD. (CASE
NO. 10A-88) has petitioned the City Commission of the City of
Ocoee, Florida to annex property located north of S.R. 50 and
south of White Road, abutting Lake Lotta 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, THERBFORE, BE IT ENACTBD BY THB CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA AS FOLLOWS:
Section 1. That the following described ~roperty
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
237.8
Ocoee,
Chapter
PARCEL A:
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BEGINNING AT THE SOUTHEAST CORNER OF THE
SOUTHWEST 1/4 ~F THE NORTHWEST 1/4 OF
SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28
EAST, ORANGE COUNTY, FLORIDA, RUN
WESTERLY ALONG THE SOUTH LINE OF THE
SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SAID SECTION 21 TO THE SOUTHWEST CORNER
OF THE EAST 1/4 OF THE SOUTHWEST 1/4 OF
THE NORTHWEST 1/4 OF SAID SECTION 21;
THENCE RUN NORTHERLY ALONG THE WEST LINE
OF THE EAST 1/4 OF THE SOUTHWEST 1/4 OF
THE NORTHWEST 1/4 OF SAID SECTION 21 TO
THE SOUTH LINE OF THE NORTH 208.71 FEET
OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4
OF SAID SECTION 21; THENCE RUN EASTERLY
ALONG THE SOUTH LINE OF THE NORTH 208.71
FEET OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 21 TO THE
EAST LINE OF THE WEST 208.71 FEET OF THE
EAST 1/4 OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 21; THENCE
RUN NORTHERLY ALONG THE EAST LINE OF THE
WEST 208.71 FEET OF THE EAST 1/4 OF THE
SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SAID SECTION 21 TO THE SOUTHERLY LINE OF
WHITE ROAD; THENCE RUN EASTERLY ALONG
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SAID SOUTHERLY LINE TO THE EAST LINE OF
THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SAID SECTION 21; THENCE RUN SOUTHERLY
ALONG THE EAST LINE OF THE SOUTHWEST 1/4
OF THE NORTHWEST 1/4 OF SAID SECTION 21
TO THE POINT OF BEGINNING.
PARCBL B
.
BEGINNING AT THE SOUTHWEST CORNER OF THE
NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28
EAST, ORANGE COUNTY, FLORIDA, RUN
NORTHERLY ALONG THE WEST LINE OF THE
NORTHEAST 1/4 OF THE SOUTHWEST 1/4 AND
THE EAST LINE OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 21 TO THE
SOUTHERLY LINE OF WHITE ROAD; THENCE RUN
EASTERLY ALONG THE SOUTHERLY LINE OF
WHITE ROAD TO THE EAST LINE OF THE WEST
3/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST
1/4 OF SAID SECTION 21; THENCE RUN
SOUTHERLY ALONG THE EAST LINE OF THE WEST
3/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST
1/4 OF SAID SECTION 21 TO THE SOUTH LINE
OF THE NORTHWEST 1/4 OF SAID SECTION 21;
THENCE RUN WESTERLY ALONG THE SOUTH LINE
OF THE NORTHWEST 1/4 OF SAID SECTION 21
TO THE EAST LINE OF THE WEST 1/2 OF THE
NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SAID SECTION 21; THENCE RUN SOUTHERLY
ALONG THE EAST LINE OF THE WEST 1/2 OF
THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 21 TO THE SOUTH LINE OF THE
NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SAID SECTION 21; THENCE RUN WESTERLY
ALONG THE SOUTH LINE OF THE NORTHEAST 1/4
OF THE SOUTHWEST 1/4 OF SAID SECTION 21
TO THE POINT OF BEGINNING.
PARCEL C
004159~2843
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE
SOUTHWEST 1/4 AND THE EAST 1/4 OF THE
SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28
EAST, ORANGE COUNTY, FLORIDA DESCRIBED AS
FOLLOWS:
.
BEGINNING AT THE NORTHWEST CORNER OF LOT
11 ORLANDO GROVE ASSOCIATION LAKE LOTTA
GROVES AS RECORDED IN PLAT BOOK E, PAGE
52 IN THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA, RUN NORTH 00 DEGREES 07
MINUTES 50 SECONDS EAST 1329.13 FEET
ALONG THE WEST LINE OF THE EAST 1/2 OF
THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SAID SECTION 21; THENCE RUN NORTH 89
DEGREES 54 MINUTES 22 SECONDS EAST 333.26
FEET ALONG THE NORTH LINE OF THE
SOUTHWEST 1/4 OF SAID SECTION 21; THENCE
RUN NORTH 00 DEGREES 10 MINUTES 43
SECONDS EAST 1286.32 FEET ALONG THE WEST
LINE OF THE EAST 1/4 OF THE SOUTHEAST 1/4
OF THE NORTHWEST 1/4 OF SAID SECTION 21
TO THE SOUTH RIGHT-OF-WAY LINE OF WHITE
ROAD; THENCE RUN NORTH 89 DEGREES 56
MINUTES 24 SECONDS EAST 334.56 FEET ALONG
THE SOUTH RIGHT-OF-WAY LINE OF WHITE
ROAD; THENCE RUN SOUTH 00 DEGREES 14
MINUTES 11 SECONDS WEST 2614.98 FEET
ALONG THE EAST LINE OF THE WEST 1/2 OF
SAID SECTION 21; THENCE RUN SOUTH 89
DEGREES 52 MINUTES 50 SECONDS WEST 664.06
FEET ALONG THE SOUTH LINE OF THE
NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 21 AND THE NORTH LINE OF ORLANDO
GROVES ASSOCIATION TO THE POINT OF
BEGINNING.
AND
.
THE WEST 3/4 OF THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 21, TOWNSHIP 22
SOUTH, RANGE 28 EAST, ORANGE COUNTY,
FLORIDA, EXCEPT FOR RIGHT-OF-WAY OF WHITE
ROAD.
AND
THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF
SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28
EAST, ORANGE COUNTY, FLORIDA
AND
ORlJ 159 PG284 4
THAT PART OF TRACTS 5 AND 6 LYING NORTH
OF STATE ROAD 50; TRACTS 11 THROUGH 17
INCLUSIVE; LOTS 1, 2, AND 3 BLOCK A;
PORTIONS OF ABANDONED AND CLOSED ROADS
ADJOINING SAID LOTS; AND THAT PART OF THE
"PARK" LYING NORTHERLY OF THE SOUTHERLY
LINE OF LOT 3 BLOCK A EXTENDED TO THE
EXTENSION OF THE EASTERLY LINE OF TRACT
17, ALL IN ORLANDO GROVES ASSOCIATION
LAKE LOTTA GROVES ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK E, PAGE 52,
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA
DESCRIBED AS FOLLOWS:
.
FROM THE SOUTH 1/4 CORNER OF SECTION 21,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA, RUN NORTH 00 DEGREES 14
MINUTES 11 SECONDS EAST 67.88 FEET ALONG
THE WEST LINE OF THE SOUTHEAST 1/4 OF
SAID SECTION 21 TO THE POINT OF
BEGINNING; THENCE RUN SOUTH 89 DEGREES 58
MINTUES 43 SECONDS EAST 1117.66 FEET
ALONG THE NORTH RIGHT-OF-WAY LINE OF
STATE ROAD 50 THAT IS 75 FEET NORTH OF
THE STATE ROAD CENTERLINE; THENCE RUN
NORTH 20 DEGREES 45 MINUTES 40 SECONDS
EAST 335.96 FEET ALONG THE WESTERLY LINE
OF BLOCK A IN SAID ORLANDO GROVES
ASSOCIATION PLAT; THENCE RUN NORTH 89
DEGREES 36 MINUTES 07 SECONDS EAST
1406.80 FEET ALONG THE SOUTH LINE OF LOT
3 BLOCK A AND THE EASTERLY PROLONGATION
THEREOF; THENCE RUN NORTH 00 DEGREES 39
MINUTES 05 SECONDS EAST 949.00 FEET ALONG
THE EAST LINE OF TRACT 17 AND THE
SOUTHERLY PROLONGATION THEREOF; THENCE
RUN SOUTH 89 DEGREES 45 MINUTES 16
SECONDS WEST 2649.50 FEET ALONG THE NORTH
LINE OF TRACTS 13 THROUGH 17; THENCE RUN
SOUTH 89 DEGREES 52 MINUTES 50 SECONDS
WEST 664.06 FEET ALONG THE NORTH LINE OF
TRACTS 11 AND 12; THENCE RUN SOUTH 00
DEGREES 07 MINUTES 50 SECONDS WEST 649.57
FEET ALONG THE WEST LINE OF TRACT 11;
THENCE RUN NORTH 89 DEGREES 52 MINUTES 04
SECONDS EAST 662.86 FEET ALONG THE SOUTH
LINE OF TRACTS 11 AND 12; THENCE RUN
SOUTH 00 DEGREES 14 MINUTES 11 SECONDS
WEST 611.54 FEET ALONG THE WEST LINE OF
TRACT 6 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 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.
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 an amendment to the City of Ocoee
Comprehensive Plan Generalized Future Land Use Map so as to
designate the property described in Section 1 hereof for land
uses consistent with the provisions contained in the Development
Agreement referred to below, and adoption of an amendment to the
City zoning map and other applicable provisions of the City's
zoning ordinance designating plan development zoning for the
property described in Section 1 hereof in accordance with the
terms of the Development Agreement between the City and Lake
Lotta, Ltd.
DAY OF
June
, 1988.
ENACTED THIS 23rd
CITY OF OCOEE, FLORIDA
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ATTEST:
.
Approved as to form and content:
tlRIJ159PG2845
((u-r ~
CITY ATTORNEY
!ECORDED .. RECORD VERIFIll.
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34537.61..0RANGE co. fL.
11:Q7:2GAH 92/22/99
ANNEXATION HOLD HARMLESS AGREEMENT
This Agreement,
made this
-~
,J-o day of
OR 4 r 59 PG 2 84 6
)0---'~"- , 19 ff, by
v
and between Lake Lotta, Ltd.
(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 petitioned the City for annexation
of the Property into the city limits, and said petition is
identified, for reference by the City, as Case # lOA-SS 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 may be subject or incur, arising out of, caused
solely
by, or otherwise/relating to the annexation of the Property into
the City of Ocoee.
2 . The
City shall proceed to consider
~. _.".. .....
;.3 . () 0 MARTJl.A o. HAYNIE.
;;}. I!J 0 Orange County
~omPtroller~ All
y_.
Deputy Clerk
annexation of
the
-
Property !lee Fee $
Add Fee $
Doc Tax $
Int Tax $
Total $
I '-:-. (J 0
,
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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.
LAKE LOTTA LTD., a Florida general
partnership
Signed, Sealed and delivered
in /~he presence of: .
,/ ~ ' , Ii J
Y:~/ ~. ~~
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/ JLiJAA.L} 'CO j 0
COMMUNITIES OF AMERICA, a
partnership
poration
Attest:
~
(;::d~
S.S. :
C. ......
BY ncc:m.-.
4PPRCMD..'--.!!IJUI'
I!liI ~'f.b. _.. f7:::b ..~
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STATE OF FLORIDA
COUNTY OF SEMINOLE
.
I HEREBY CERTIFY that on this day, before me, an
duly authorized in the State and County aforesaid
acknowledgments, personally appeared J. D. FEINSTEIN
and that he acknowledged executing the same in the
of two subscribing witnesses, freely and voluntarily.
officer
to take
presence
(NOTARY SEAL)
official seal in the County and
day of Z4~~ t;;::~b,/
NOTARY PUBLIC
State
WITNESS my hand and
last aforesaid this 20th
. .
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My Commission Ex~ires~
7/5/91
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OR4' 59PG284 7
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STATE OF FLORIDA
)
) S.S.:
)
COUNTY OF O~J1A1~5
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgements, personally appeared LE'STE;ie Z>A8BS~ <.../~ .
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 111)1 for the purposes therein
expressed.
WITNESS my hand and official seal in the County and State
last aforesaid this 2CJ1?1 day of Fel:ruarLj , 19~.
(NOTARY SEAL) &~ ~ ~
NOTARY PUBLIC
My Commission Expires:
OFFICIAl. SEAL
FRANCES f) R/.\ fA.JCZAK
Not!!r;- P',ho,. i.~I.'te of Florida
Mv (>J1T'l~:';'.~:--;j~H" Expires
AuGUSl 5. 1991
OR .I.JI 59 PG28 ..It 8
......
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RECORDED" RECORD Vlkil'.tO
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Count" Co.pll'01Ier, Orlll9. Co.,"
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IN THE CIRCUIT COURT IN AND FOR
ORANGE COUNTY, FLORIDA
IN RE: JUDICIAL NOTICE OF MUNICIPAL ORDINANCES
CITY OF OCOEE
DOCUMENTARY #88 -16
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 BARRY S. GOODMAN,
AGENT FOR LAKE LOTTA, LTD. (CASE NO: 10A -88) PROVIDING FOR AND
AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING
DIRECTION TO THE CITY CLERK; CONFLICTS; AND EFFECTIVE DATE.
FRAN CARLTON
CLERK OF C IRCUIT &
COU Y COURTS
By 10<e4,-- X-6t
..rem. ...{