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Home My WebLink AboutOrdinance 2010-022 Turner Annexation DOCII 20100599297 B: 10119 P: 8497 10/13/2010 02:50:14 PM Page 1 of 6 Rec Fee: $52.50 Martha 0. Haynie, Comptroller ORDINANCE NO. 2010-022 Orange County FL MB - Ret To: OCOEE (Annexation Ordinance for Eddie W Turner Trust) El RAN kly lama nil 111 IIILIEVIMONIF TAX PARCEL ID: 28- 22 -28- 6689 -12 -080 CASE NO. AX- 07- 10 -23: EDDIE W TURNER TRUST AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 19478 SQUARE FEET LOCATED SOUTH OF AND ADJACENT TO JANE STREET AND WEST OF ROWE 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 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 ORLA_1606352.1 -1- 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 property 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. 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. ORLA_1606352.1 -2- 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_1606352.1 -3- PASSED AND ADOPTED this 3 day of C j C.. , 2010. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA - :1) Bet Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED allajicl AND q 1 ? / ►u READ FIRST TIME Sroewne.ri , 2010. READ SECOND TIME AND ADOPTED FOR USE AND RELIANCE ONLY BY Cao1'3e t' 5,:)vr0 , UNDER THE CITY OF OCOEE, FLORIDA AGENDA ITEM NO. \Q pc APPROVED AS TO FORM AND L GA TY THIS S DAY OF ,20k FOLEY LA N LP By: <! City Attorney ORLA_1606352.1 -4- EXHIBIT "A" RECORDED IN PLAT BOOK "0", PAGE 100, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS (WRITTEN BY THIS SURVEYOR): BEGIN AT THE NORTHEAST CORNER OF LOT 10, BLOCK 12, PARK RIDGE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "0", PAGE 100, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN THENCE N.74 °38'30 "W ALONG THE NORTHERLY LINE OF SAID LOTS 8, 9 & 10 AND THE SOUTHERLY RIGHT OF WAY LINE OF JANE STREET A DISTANCE OF 130.00 FEET; THENCE RUN S.15 °21'30 "W. ALONG THE WESTERLY LINE OF SAID LOT 8, A DISTANCE OF 130.00 FEET; THENCE S.74 °38'30 "E. ALONG THE SOUTHERLY LINE OF SAID LOTS 8 , 9 & 10, A DISTANCE OF 150.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 10; THENCE N.15 °21'30 "E ALONG THE EASTERLY LINE OF SAID LOT 10, A DISTANCE OF 130.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF JANE STREET AND THE POINT OF BEGINNING. CONTAINING 19,500.00 SQUARE FEET (0.448 ACRES) MORE OR LESS. ORLA_1606352.1 -5- EXHIBIT "B" Map of Annexed Area EXHIBIT "B" LOCATION MAP , _ 1 quiv ili . illiritilly ,.... 0 ...., iiiiip,... sla am.,„ Of INie lli akt ivitt li Ili er Gard*, ' illim - ' MI 1111111 11 kill * < Ili MI MIMI M. Illt d i - .011 ain. ummi 1 1 I , m .-- --- NEN Eno 11110• us Nom mum No IN 1 1 mos ' ow. -- gbi gm M 1 == ' ' -- I -- III ,., 0 MIN MEI =wig" am. IR 1111 MIN MN UWw ..---, me MN= - ' INFAilammammasainummil ORLA_1606352 1 -6-