The URL can be used to link to this page

Home My WebLink AboutOrdinance 2010-028 Park Square Annexation DOCs 20100643285 B: 10130 P: 0995 11/05/2010 09:52:18 AM Page 1 of 6 Rec Fee: $52.50 Martha 0. Haynie, Comptroller ORDINANCE NO. 2010-028 MB a - Ret County CITY OF OCOEE (Annexation Ordinance for Park Square) 1111 ■■, ` ' �`IYiii"il 11111 TAX PARCEL ID: 31- 22 -28- 0000 -00 -005 CASE NO. AX- 04- 10 -20: PARK SQUARE AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 17.17 ACRES LOCATED NORTH OF AND ADJACENT TO ROBERSON ROAD AND EAST OF WINDERMERE ROAD, 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 17.17 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 ORLA_1629681.1 -1- 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 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. ORLA_1629681.1 -2- 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_1629681.1 -3- PASSED AND ADOPTED this \q day of Q -o er, 2010. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA e■ c=")--- --ey4 Bet1 enberry, City Clerk 1 . Scott Vandergrift, Mayor (SEAL) ADVERTISED \011 /to AND \O 1t4 /10 READ FIRST TIME iC er J , 2010. READ SECOND TIME AND ADOPTED FOR USE AND RELIANCE ONLY BY OODIcer k 1, a10 , UNDER THE CITY OF OCOEE, FLORIDA AGENDA ITEM NO. 8 A APPROVED AS TO COR1V1 AND LEGALITY THIS i DAY OF Ir , 2010 FOLE L N LLP By: Y City Attorney ORLA_1629681.1 -4- EXHIBIT "A" Legal Description: A portion of land located in Section 31, Township 22 South, Range 28 East, Orange County, Florida. Said portion of land being more particularly described as follows: Commence at the Southwest corner of the East 1/2 of the Northwest 1/4 of aforementioned Section 31, per the Plat of Cheshire Woods, Plat Book 37, Page 148, City of Ocoee, Orange County, Florida; thence run North 00 °34'28" East, a distance of 30.00 feet to a point on the North Right of Way Line of Roberson Road, per said plat of Cheshire Woods and to the Point of Beginning; thence run westerly along said right of way, North 89 °46'24" West, a distance of 660.00 feet to a point on the Easterly Boundary Line of Jay Laxmi Enterprises LLC, Official Records Book 9684, Page 2131; thence run northerly along said easterly line, North 00 °34'28" East, a distance of 660.00 feet to the Northeast corner of said Jay Laxmi Enterprises LLC; thence continue North 00 °34'28" East, a distance of 465.00 feet to a point on the Southerly Boundary Line of Fiedler Erwin W TR, Official Records Book 7007, Page 2736; thence run easterly along said southerly line, South 89 °46'24" East, a distance of 660.00 feet to a point on the Westerly Boundary Line of Tract D, per the Plat of Cresentlake, Plat Book 36, Pages 46 -47, City of Ocoee, Orange County, Florida; thence run southerly along said westerly line, South 00 °34'28" West, a distance of 260.47 feet to the Southwest corner of said Tract D; thence continue South 00 °34'28" West, along the Westerly Boundary line of Tract C, per said plat of Cheshire Woods, a distance of 864.53 feet to the Point of Beginning. Said lands contain 17.045 acres or 742,486 square feet, more or less. ORLA_1629681.1 -5- EXHIBIT "B" Park Square Location Map J ■ f it g i E 1 q f ` �/� ■�� ■� � u x,114 , / ■�� ,?�, 4 4 -3- - 1111■■■■■■ I ` " r V • �iI�� ? ■■ ■11■ ■r -,1 � �`J *1� ♦ e 111111111111111111111 *IA �� ,r J�� 4. J 1 1 i ___.4' nt 1 4 iliv e . , *I*414 g ;' 1 s ooA Sr - 'ai • f riiiiiii\. • LAKE MAND YNN , '' . + '�, IIIIII1 - ,i� 41111111 }: , " -I• /111m // ,I �*4iim:1 ra ,• v111ii1I111111i# - Roberson Koad 8 11 1 !; I rr &WIfJ L'S � �1' l11I1111111101 � 1 fifj� f1111I111 u LA .1 , 1111111111■■ �1 11i111■0. ,41E1 IN m *4 I " 4 m IIM d a i 0: : r , ) VIA, Iv �� -- 1 pit w�� 1111■ ■��ti ,� o� i �� *�►i • 0 All& ■ IS V fr .4 .. " 41 ORLA_1629681.1 -6-