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Home My WebLink AboutOrdinance 2010-005 Oak Level Heights Annexation ORDINANCE NO. 2010-005 (Annexation Ordinance For Oak Level Heights Parcel) TAX PARCEL ID #s 05-22-28-6052-04-011; 05-22-28-6052-04-020; 05-22-28-6052-04-030 05-22-28-6052-04-190 05-22-28-6052-04-200 05-22-28-6052-04-210 05-22-28-6052-04-220 DOC~ 20100304818 B: 10051 P: 1690 OS/27/2010 09:43:36 AM Page 1 of 5 Rec Fee: $44.00 Martha O. Haynie, Comptroller Orange CountY6 FL MB - Ret To: COEE 111\ ~~,~,~\~it~~I~11 11\ CASE NO. AX-03-10-19: Oak Level Heights Property Block "D" AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.34 ACRES LOCATED ON THE WEST SIDE OF ADAIR STREET, BETWEEN 2ND AVENUE AND 3RD AVENUE PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner(s) of certain real property located in unincorporated Orange County, Florida, as hereinafter described, have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex said real property into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said petition bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida; and WHEREAS, notice of the proposed annexation has been published pursuant to the requirements of Section 171.044(2), Florida Statutes, Section 1-10 of Article 1, and Section 5-9(E) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"); and WHEREAS, on February 11, 1994, Orange County and the City ofOcoee entered into a Joint Planning Area Agreement (the" JP A Agreement") which affects the annexation of the real property hereinafter described; and WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with the JP A Agreement, and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City Commission that it approve said annexation petition; and WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the owners of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City of Ocoee, Florida, to include said real property. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee, Florida. Section 2. The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. Section 3. The following described real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF). Section 4. A map of said land herein described which clearly shows the annexed area is attached hereto and EXHIBIT "B" and by this reference is made a part hereof. Section 5. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JP A Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JP A Agreement, and the Ocoee City Code. Section 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. -2- Section 7. 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 8. The land herein described and future inhabitants of said 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 of Ocoee, Florida. Section 9. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. This Ordinance shall take effect upon passage and adoption. Thereafter the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the Florida Department of State within seven (7) days from the date of adoption. PASSED AND ADOPTED this JZ.. day of~, 2010. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA I' <Jt s 5: ~ ();,..~ S. Scott Vandergrift, Mayor -""",..-, (SEAL) ADVERTISED 1)1 (plio AND ~h3)1 0 READ FIRST TIME~, 2010. READ SECOND TIME AND ADOPTED ~ \ '6, -"0(0 , UNDER AGENDA ITEM NO. q CL> FOR USE ArO fd:l.i.qi;'~!: ONL'r By: City Attornev -3- EXHIBIT "A" Legal Description: Lots 1, 2, 3, 19,20,21, and 22, all in Block "D", OAK LEVEL HEIGHTS, according to the Plat thereof, as recorded in Plat Book "L", Page 31, of the Public Records of Orange County, Florida. Being more particularly described as follows: Begin at the Southeast Comer of Block "D", OAK LEVEL HEIGHTS, according to the Plat thereof, as recorded in Plat Book "L", Page 31, of the Public Records of Orange County, Florida; Thence run N.89044'29"W. along South Line of Block "D", said line also being the North Right-of-way Line of3rd Avenue, for a distance of 220.00 feet to the Southwest Comer of Lot 19, Block "D", Thence N.00037'40"E along the West line of Lot 19, Block "D" for a distance of 152.02 feet to the Northwest Comer of Lot 19, Block "D"; Thence S.89034'26"E. along the North Line of Lot 19, Block "D" for a distance of 55.00 feet to the Northeast Comer of Lot 19, Block "D", said point being the Southwest Comer of Lot 3, Block "D"; Thence N.00037'40"E. along the West Line of Lot 3, Block "D" for a distance of 151.89 feet to the Northwest Comer of Lot 3, Block "D"; Thence S.89026'21 "E. along the North Line of Block "D", said line also being the South Right- of-way Line of 2nd Avenue, for a distance of 165.00 feet to the Northeast Comer of Block "D"; Thence S.00037'40"W. along the East Line of Block "D", said Line also being the West Right-of-way Line of Adair Street, for a distance of 303.00 feet to the Point of Beginning. Containing 58,416 Square Feet or 1,341 Acres, more or less. - - - -----, EXHIBIT "B" METES AND BOUNDS LEGAL DESCRIPTION OAK LEVEL HEIGHTS BLOCK "0" I 2nd Ave. ~ ~ ~~ . s.. e.