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HomeMy WebLinkAboutOrdinance 88-09 . ..:- \ Roc Fee $ Add R~~ 'I Doc Tax $ Int Twx $ Total $ <<pO THOMAS 11. LOCKER, ,/;' vC? Oranrr.e County comPtro~ By .//7. if&? Deputy C erk o V .II' 31239780RANGE CO. FL. G1:03:2QPM 11/02/88 OR L~ 0 2 8 FG 2 L~ 0 L~ ORDINANCE NO. 88-09 First Reading 5-17-88 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 MOREMEN, SHEPPARD, MURRAY AND DAVIS (Case No. 03A-88) PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; CONFLICTS; AND EFFECTIVE DATE. WHEREAS, CORRINE D. MOREMEN, HANSD DAVID SHEPPARD, MARGARETTE S. MURRAY AND W.C. DAVIS (Case No. 03A-88) petitioned the City Commission of the City of Ocoee, Florida to annex property located south of Geneva Street between Chicago Avenue and California Avenue including those portions of Georgia Street and Maine Street where they abut the property 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 lS 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 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 27.58 Ocoee, Chapter WITHIN SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; BEGINNING 2,451.5 FEET WEST OF THE EAST LINE OF SAID SECTION 20 AND 1,138 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 20; THENCE RUN NORTH 30 MINUTES EAST 215 FEET; THENCE NORTH 89 DEGREES 20 MINUTES WEST 208.75 FEET; THENCE SOUTH 176 FEET; THENCE SOUTH 68 DEGREES EAST 90.5 FEET; THENCE SOUTH 88 DEGREES 15 MINUTES EAST 122 FEET TO THE POINT OF BEGINNING. ALSO: THOSE PORTIONS OF DEDICATED PUBLIC RIGHT-OF-WAY KNOWN AS GEORGIA STREET AND MAINE STREET LOCATED EAST OF CHICAGO AVENUE AND WEST OF CALIFORNIA AVENUE WITHIN SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. ALSO: ALL OF LOTS 22, 23, 24, 25, 26, 27, AND 28 OF BLOCK 6, TOWN OF OCOEE, SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; LESS: THOSE PORTIONS OF LOTS 22, 23, AND 24 SITUATED NORTF. OF A LINE GENERALLY DESCRIBED AS . FOLLOWS: COMMENCING AT A POINT ON THE WEST LINE OF LOT 24 LOCATED 348 FEET EAST AND 390 FEET SOUTH OF THE N.W. CORNER OF THE S.E. 1/4 OF SAID SECTION 20; THENCE SOUTHEASTERLY 170 FEET; THENCE EAST 220 FEET AND CROSSING THE WEST LINE OF SAID LOT 24 AT A POINT 180 FEET NORTH OF GEORGIA STREET; THENCE SOUTHEASTERLY 265 FEET TO A POINT ON THE WEST LINE OF LOT 23 AND SITUATED 100 FEET NORTH OF GEORGIA STREET; THENCE SOUTHEASTERLY 225 FEET TO A POINT ON THE SOUTH LINE OF LOT 22 SITUATED 120 FEET WEST OF THE N.W. CORNER OF GEORGIA STREET AND CALIFORNIA AVENUE. 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 is 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 ~ (~ DAY OF r , 1988. RfCOROI:D , RECORD VERifIED ~ J;. ){!L .1 ~tf""" Or... eo.. Flo. CITY OF OCOEE, FLORIDA :::/L {2. ~ MAYOR ATTEST: ~~K~ p Approved as to form and content: 1?~ ~ ~ CITY ATTORNEY OR l} 0 2 8 PG 2 l~, 0 5 - . . ANNEXATION HOLD HARMLESS AGREEMENT This Agreement, made this }-() day of ~~ and between Moremen, Sheppard, Murray, and Davis , 19rf, by (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 # ()~A-RR 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 Prope~ty. 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. ealed and delivered esence of: By: 'JJt... Q A -<' /'LiJ \.-1 AIl ~ J jy,'/3yJ CITY OF -;"O~OEE By::Jk-- ~. JJ~ Thomas R. Ison, Mayor Attest: ~ ~ Helen Catron, City Clerk ~w~ STATE OF FLORIDA . COUNTY OF (]~04/-'" I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and Jjo4nty aforesaid t~ake acknowledgments, personally appeared ~ , '--1J1A-1J7f7F;1' ~ -f /~/cJl.M"~ and that ~- acknowledged executing the/ same in}the presence of two subscri ing witnesses, freely and voluntarily. S.S. : WITNESS my hand and official last aforesaid this ,-:;)O"'I-L day of (NOTARY SEAL) seal in the County and State 2T~ , 1988. L~-'- 1Yl. ~,' NOTARY PUBLIC J My Commission Expires: rttotnr)l Public, state of F-'lorlda at Large My Commission Expires July 19, 1988 ..... _4.~ ~~ -2- . . . STATE OF FLORIDA COUNTY OF (}IC~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 -rJkmli-r.~. Z" s~';/ 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 #/~ for the purposes therein expressed. WITNESS my hand and last aforesaid this ~o1Z and State (NOTARY SEAL) NOTARY PUBLIC My Commission Expires: of Florida at Large Notary Public, sta,tes December 10, 1990 , ' n Expire My CommlsSIO t's Notary Brokerage Bonded thru Agen .... ~. "~ -3- - ' ~