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HomeMy WebLinkAboutOrdinance 2010-011 Annexation for Health Central~• 0 co '3 c s~ h~ 'b J~ ~d 1 L ORDINANCE N0.2010-011 (Annexation Ordinance for Health Central) artha 0. Haynie, Comptroller Orange County FL MB - Ret To: liCOEE DDCp 20100464604 B: 10087 P: 6439 08/10/2010 03:25:16 PM Page 1 of 6 Rec Fee: $52.50 M IIIId~~~~~~,Fpp~~~~l III TAX PARCEL ID: 28-22-28-6689-01-010, 28-22-28-6689-02-010, 28-22-28-6689-02-030, 28- 22-28-6689-02-041, 28-22-28-6689-02-071, 28-22-28-6689-02-090, 28-22-28-6689-02-110, 28- 22-28-6689-02-150, 28-22-28-6689-02-170, 28-22-28-6689-02-190, 28-22-28-6689-02-200, 28- 22-28-6689-02-210, 28-22-28-6689-03-010, 28-22-28-6689-10-010, 28-22-28-6689-10-030, 28- 22-28-6689-10-040, 28-22-28-6689-10-050, 28-22-28-6689-10-140, 28-22-28-6689-11-010, 28- 22-28-6689-11-030, 28-22-28-6689-11-060, 28-22-28-6689-11-080, 28-22-28-6689-11-110, 28- 22-28-6689-11-140, 28-22-28-6689-11-180, 28-22-28-6689-11-200, 28-22-28-6689-11-220, 28- 22-28-6689-11-280, 28-22-28-6689-12-010, 28-22-28-6689-12-030, 28-22-28-6689-12-050, 28- 22-28-6689-12-110,28-22-28-6689-12-120 CASE NO. AX-06-10-22: HEALTH CENTRAL AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 21.14 ACRES LOCATED NORTH OF AND ADJACENT TO OLD WINTER GARDEN ROAD AND WEST OF AND ADJACENT TO OHIO 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 of certain real property located in unincorporated Orange County, Florida, as hereinafter described, has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex approximately 21.14 acres of property, as more particularly described in Exhibit "A" hereto, 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, 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 of Ocoee entered into a Joint Planning Area Agreement, which agreement has from time to time been amended by I DOCp 20100481716 B: 10091 P: 6563 ~~ II 'I ~ Rec Fee ORLA_1589943.1 ',~I ~ ~~~~j~~'I III ~1- Mar 18/201$52?505'53 PM Page 1 of 6 'III ~'I l I ^ I 1 tha 0. Haynie, Comptroller Orange County1 FL MB - Ret To: UCOEE Orange County and the City of Ocoee (the "JPA 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 JPA 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. AUTHORITY. 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. PETITION. 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 properly proposed to be annexed into the corporate limits of the City of Ocoee, Florida. Section 3. ANNEXATION. 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" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Section 4. MAP. A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. Section 5. ANNEXATION TO CENTERLINE OF ROAD. The land annexed pursuant to this Ordinance shall extend to the centerline of any public road right-of--way located adjacent to the real property described on Exhibit " A" attached hereto, provided, however, that the annexation of any such right-of--way shall not serve to transfer any construction, operation or maintenance responsibilities with respect thereto, except to the extent such responsibilities are expressly transferred to and accepted by the City pursuant to an interlocal agreement in accordance with Section 335.0415, Florida Statutes. ORLA_1589943.1 _2,_ Section 6. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JPA Agreement, as amended, and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JPA Agreement, and the Ocoee City Code. Section 7. CORPORATE LIMITS. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 8. OFFICIAL MAPS. 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 9. LIABILITY. 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 10. SEVERABILITY. 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 11. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 12. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its 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 effective date. ORLA_1589943.1 _3 _ PASSED AND ADOPTED this ~~~~daY of ~ , 201 ~ . APPROVED: ATTEST: CITY OF OCOEE, FLORIDA ,, _ ,.. ~ ,~ c, 1 e Eikenberry, City Jerk S. Scott Vande ri ayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA ADVERTISED ~ ~~~ UAND -2~'1~) ~ READ FIRST TIME td.~ , 20 AD SECOND TIME AN ADOPTED • VI ~ ,UNDER AGE A ITE O. O~ APPROVED AS TO ORM AND L ALI Y THIS ~, DAY OF J , 20~ FOLEY R P By: 1 City Attorney ORLA 1589943.1 -4- EXHIBIT "~+,., SHEET 1 OF 2 SKETCH 8c DESCRIPTION THIS IS NOT A BOUNDARY SURVEY DESCRIPTION: ALL OF BLOCKS 1,2,3,10,11,AND 12, AND THE RIGHT-OF-WAYS OF GROVE STREET, JANE STREET, ROWE AVENUE, ARLINGTON AVENUE AND OHIO AVENUE AS SHOWN ON THE PLAT OF PARK RIDGE, SECTION 1, AS RECORDED IN PLAT BOOK "0", PAGE 100 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, TOGETHER WITH THE RIGHT-OF-WAYS OF DIVISION AVENUE, GROVE STREET AND ARLINGTON AVENUE AS SHOWN ON THE PLAT OFWESTOVER FARMS, AS RECORDED IN PLAT BOOK "O", PAGE 120 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, LESS AND EXCEPT LOTS 8,9,10,18 AND 19 OF SAID BLOCK 12, PARK RIDGE, SECTION 1; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN S 00°50'50" W, A DISTANCE OF 659.61' TO THE POINT OF BEGINNING; THENCE S 89°25'27" E A DISTANCE OF 30.13'; THENCE S 00°53'29" W A DISTANCE OF 629.53'; THENCE S 89'20'45" E A DISTANCE OF 1269.34'; THENCE N 00°38'41" E A DISTANCE OF 631.26'; THENCE S 89°41'24" E A DISTANCE OF 5.62'; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 68.06', WITH A RADIUS OF 1239.92', WITH A CHORD SEARING OF S 20°12'22" E, WITH A CHORD LENGTH OF 68.05'; THENCE S 00°37'50" W A DISTANCE OF 597.64'; THENCE S 89°20'45" E A DISTANCE OF 345.88'; THENCE S 31°01'57" E A DISTANCE OF 26.90'; THENCE S 00°37'50" W A DISTANCE OF 573.89'; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 89.36', WITH A RADIUS OF 350.50', WITH A CHORD BEARING OF S 07°56'03" W, WITH A CHORD LENGTH OF 89.11'; THENCE S 15°14'15" W A DISTANCE OF 41.95'; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 260.35', WITH A RADIUS OF 2156.04', WITH A CHORD BEARING OF N 71°57'31" W, WITH A CHORD LENGTH OF 260.20'; THENCE N 74°33'07" W A DISTANCE OF 1016.37'; THENCE N 15'21'20" E A DISTANCE OF 66.67'; THENCE S 74'38'30" E A DISTANCE OF 100.00'; THENCE N 15'21'20" E A DISTANCE OF 130.00'; THENCE N 74'38'30" W A DISTANCE OF 150.00'; THENCE S 15°21'20" W A DISTANCE OF 196.60'; THENCE N 74'33'07" W A DISTANCE OF 458.95'; THENCE N 53°03'48" E A DISTANCE OF 30.55'; THENCE N 00°53'29" E A DISTANCE OF 899.35'; THENCE S 89'25'27" E A DISTANCE OF 29.87 TO THE POINT OF BEGINNING. CONTAINING 920,641.5 SQUARE FEET (21.14 ACRES) MORE OR LESS. BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE OF SECTION 28, TOWNSHIP 22 SOUTH, (HEREBY CERITFY THAT THIS SKETCH kEETS THE MINIMUM?lCHNICAL STANDAFt75 A.S:SET FS.tTH eY THE RANGE 28 EAST, ORANGE COUNTY, FLORIDA AS FLORIDA tlOARD OF PROFESSIONAL SURYEYOR6 AND BEINGS 00' S2' 50° W (ASSUMED). MAPPERSOVCIIAPTLTtJSa7,FL(MnASADNU115T12ATIVE CODE PURSUANT TC SECDON 472.027, FLOR".JA STATUTky. D~.TED THIS 26th DAY OF MR.Y, 2UtU A.D. RALPH THOw~s sNOw PROFESSIONA! SUZVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION N°. 5561 Legacy Land Surveying, LLC Q =GRANGE OF DIRECTION RarvALDwtrttour~5loNAnlReArsTReol~wu+AL RA19ED 9EA! OF A Fl.DRUADCENSFJ) SUINEYDR ARD MAPPER 2624 Bent Hickory Circle Longwood, Florida 32779 THIS SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY 407-701-6101 lsnow@~egacylandeurveying.com SOUTH OVERALL W/ LESS OUT ~ ""°JCTN0. `~"°' www.legacylendeurveying.com 10-008 10-008 EXH 1 BIT " g.. SHEET 2 OF 2 SKETCH 8c DESCRIPTION THIS lS NOT A BOUNDARY SURVEY COMMENCEMENT (AlL PARCELS? iR Of SECTION 28-22-28 IUARE BOLT LINE BEARING DISTANCE L13 S 89'25'27" E 29.87 L14 S 89'25'27" E 30.13 L15 S 89'41'24 E 5.62 L16 S 31'01'57" E 26.90' L17 S 15'14'15" W 41.95' L18 N 15'21'20" E 66.67' L19 S 74'38'30" E 100.00' L20 N 15'21'20" E 130.00' L21 N 74'38 30' W 150.00 L22 S 15'21'20" W 196.60' L23 N 53'03'48" E 30.55' CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING " ' CHORD LENGTH ' C7 68.12' ' 1239.92 ' 3'08'51 " 14'36'25" 27 E S 20' 12 S 07'56'03" W 68.1 1 89.11' C8 C9 89.36 260.35' 350.50 2156.04' 6'55'08" N 71'57 31" W 260.20' p' 300' 600' 900' Legacy Land Surveying, LLC 2624 Bent Hickory Circle Longwood, Florida 32779 407-701-&101 tanow~legacylandeurveyin~.com www.legacylandaurveying.com SECTION 20 SECTION 21 c~rrlnnt ~4 SECTION 2 O =CHANGE OF DIRECTION THIS SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY -. - eenicrc un FLENO. SOUTH OVERAL L