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Home My WebLink AboutOrdinance 2010-017 Annexation Deeper Life Assembly DOCII 20100685343 B: 10140 P: 0976 11/30/2010 02:55:25 PM Page 1 of 6 Flee Fee: $52.50 ORDINANCE NO: 2010-017 Martha O. Haynie, Comptroller Orange County FL (Annexation Ordinance for Deeper Life Assembly) MB - Ret To: 6COEE TAX PARCEL IDs: �i � ii I N 101111 I 'lll� 10- 22 -28- 0000 -00 -003 CASE NO. AX- 04- 07 -20: Deeper Life Assembly AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 32.7 ACRES LOCATED NORTH OF A D MIMS ROAD AND WEST OF PRAIRIE LAKE BOULEVARD 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 32.7 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_1606816.1 -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_1606816.1 -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_1606816.1 -3- PASSED AND ADOPTED this 5 day of OC.tOb€r , 2010. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA t e B ikenberry, City Clerk S. Sco tt Vander g rift Mayor 5 (SEAL) ADVERTISED ' j W /to AND q /1 LA /10 READ FIRST TIME Clji, 1`► , 2010. READ SECOND TIME AD ADOPTED FOR USE AND RELIANCE ONLY BY pert tO UNDER THE CITY OF OCOEE, FLORIDA AGENDA ITEM NO. \5 APPROVED AS TO, F RM AND GALITY THIS j DAY OF , 2010 FOLtypi R LL By: City Attorney ORLA 1606816.1 -4- EXHIBIT "A" DESCRIPTION THAT PORTION OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LYING NORTH OF THE A.C.L. RAILROAD BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST 1/4 OF SECTION 10, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; RUN THENCE NO0'02'14 "W ALONG THE WEST UNE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 10 A DISTANCE OF 55.59 FEET TO THE NORTH RIGHT OF WAY LINE OF A.C.L. RAILROAD AND FOR A POINT OF BEGINNING; CONTINUE THENCE NO0'02'14 "W ALONG SAID WEST LINE A DISTANCE OF 1275.85 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE N89'46'32 "E ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 A DISTANCE OF 1334.41 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOO' 10'03"W ALONG THE EAST LINE OF SAID SOUTHWEST 1/4 A DISTANCE OF 744.60 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE A.C.L. RAILROAD AND TO A POINT ON A NON- TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1802.61 FEET, A CHORD BEARING OF S55' 38'12"W, A CHORD DISTANCE OF 267.80 FEET, RUN THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 08'31'1 " , A DISTANCE OF 268.04 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 2090.00 FEET, A CHORD BEARING OF S67'32'32 "W, A CHORD DISTANCE OF 683.38 FEET, RUN THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID NORTH RIGHT OF WAY LINE, THROUGH A CENTRAL ANGLE OF 18'49'07", A DISTANCE OF 686.46 FEET; THENCE S75'26'58 "W ALONG SAID NORTH RIGHT OF WAY UNE A DISTANCE OF 494.64 FEET TO THE POINT OF BEGINNING. CONTAINS 1424632 SQUARE FEET OR 32.7051 ACRES MORE OR LESS. 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