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HomeMy WebLinkAboutOrdinance 88-16 Bee Fee . Add Fee , Doc Tax $ Int Tax $ .Total . /7,00 ,-::;}- S u 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: \... ".a v "- ..~ -- 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 ~~ '\, -"::: j ~ 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 ~) ATTEST: . Approved as to form and content: tlRIJ159PG2845 ((u-r ~ CITY ATTORNEY !ECORDED .. RECORD VERIFIll. ~~ C~ eoaptro1ler, 0.....- C.. " - . . ~ Jfj I JB 10- Ill)),! 11I~ JJ!! . " 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 , ~ 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:~/ ~. ~~ J ./ -, !dJ / 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 ..~ ~~ 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 . . ---.....- My Commission Ex~ires~ 7/5/91 .- _4'~ '""'4 -2- OR4' 59PG284 7 . . '", .. 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 ...... _4 -~ "'4004 RECORDED" RECORD Vlkil'.tO ~~ Count" Co.pll'01Ier, Orlll9. Co.," -3- b~p'Ap~/h~~,'1 ?Yr- 4,j,. -r-. ~. f ..___ ___ / ~ .J-- ~ . __._______________ _ r--.. .. [~ -- ~~~-- ~_ I:IKL ~yy- d /J/ I~ 4+4<'. M fJ;)~ --------------------1 L------- -. . ... -=--~-=----== j 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. ...{