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Home My WebLink AboutOrdinance 88-13 !tfl{' Fee ! Adll R..(' ~ Doc Ta" g 'ot Tll" $ 'fotal $ . J ". ,> " .... ", -' .-. %P?-' ~ vc/~ . THOMAS H. LOCKER, Ornnrre County comPtrol~~ By_ . Depu erk (\ .J 312398S0RANGE CO. fl. 01:05:20PN 11/02/88 /..?-~ v/.7 00 II (J ") (l ':''-' .) i i' f..l . (_ (J l \J [~ ~~. ORDINANCE NO. 88-13 First Reading 5-19-88 Second Reading 6-21-88 AN ORDINANCE 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 PHOENIX DEVELOPMENT GROUP, AGENT (CASE NO. 07A-88, PARCEL 1) PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; CONFLICTS; AND EFFECTIVE DATE. WHEREAS, PHOENIX DEVELOPMENT GROUP, AGENT (CASE NO. 07A-88, PARCEL 1) has petitioned the City Commission of the City of Ocoee, Florida to annex property located on the west side of Maguire Road approximately 1960 feet north of Roberson Road 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, PLORIDA AS POLLOWS: Section 1. That the following described property being situated in Orange County, Florida totaling approximately .89 acre be and the same is hereby annexed into the City of Ocoee, Florida pursuant to voluntary annexation provisions of Chapter 171.044, Florida Statutes and other applicable laws: { ? THE NORTH 150 FEET OF THE EAST 300 FEET OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE N.E. 1/4 OF THE N.E. 1/4 OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; LESS: THE EAST 40 FEET THEREOF FOR ROAD RIGHT-OF-WAY. .~ :.,- " .r... - " . - ~ 4IJ~~ J 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. That this Ordinance shall take effect upon passage and adoption, thereafter the City Clerk lS hereby directed to file a certified copy of the Ordinance with the Secretary of State of the State of Florida and with appropriate agencies in and for Orange County, Florida. ENACTED THIS J-fM-- DAY OFr , 1988. CITY OF OCOEE, FLORIDA o;(~q.~ MAYOR ATTEST: ~~ CITY CLERK Approved as to form and content: f?~ 5: ~ Or:l I, 0.) ') ,':: " "",,' ') '-j ~...., oj (_ l) J ~j "::. (.]. t'_ tJ CITY ATTORNEY ~ ' RECaRD VtRrm ~j;.~ ... ~..........A ANNEXATION HOLD HARMLESS AGREEMENT This Agreement, ,CJi I made this <::;;:#/ - day of ~ , 19kP, by and between Phoenix Development Group (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 Parcel 1 identified, for reference by the City, as Case # 07A-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 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. 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. '\ ~ (:~ 0 By:t2A~ '1?~ :-i2--r- Signed, Sealed and delivered in the presence of: Ju tfA.La~..J '-- c~ d<'(il~) CITY OF OCOEE ~ .~ j By: cr~ V\... ~/v-__ Thomas R. Ison, Mayor Attest: ~ (!~ Helen Catron, City Clerk ~ . STATE OF FLORIDA COUNTY OF &r S.S.: I HEREBY RTIFY that on this day, before me, an officer duly authorized in the State and ~nty ~es~id to~ke acknowledgm~nts, personally appeared~~ ~~~~~ , and that he acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily. (NOTARY SEAL) the County , 1988. '2 WITNESS my han~~anp~official last aforesaid this ~e~day of My Commission Expires: t10tary ,Public, State of Florida at Larr,e tftl;: Cilmroission Expires Jan. 26, 1990 ..,.... -~"- "'.... -2- . . STATE OF FLORIDA COUNTY OF Dr.< A-rJ r... ~ ) ) s.s.: ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared ~t?1A S ft? TSotJ the Mayor of THE CITY OF OCOEE, to me known to be the person described in and who acknowle~~ed before me that the foregoing instrument was executed by Ifl/fl for the purposes therein expressed. WITNESS my hand and officia last aforesaid this 3D day of in the and State (NOTARY SEAL) NOTARY PUBLIC My Commission Expires: Notary Public, state of Florida at large My Commission Expires December 10. 199Q Bonded thru Agent's Notary Brokerage ..... .... -3-