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Home My WebLink AboutOrdinance 2010-018 Annexation Deeper Life Assembly DOCK 20100585344 B: 10140 P: 0982 11/30/2010 02 :55:25 PM Page 1 of 6 ORDINANCE NO. 2010-018 Marthae0.$Haynie, Comptroller (Annexation Ordinance for Deeper Life Assembly) MB - Ret COEE TAX PARCEL IDs: I� 1, ''I III 1111 l�Y�i i� 10- 22 -28- 0000 -00 -010 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 5.3 ACRES LOCATED NORTH OF AND ADJACENT TO A D MIMS ROAD AND WEST OF PRAIRIE OAKS COURT 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_1606832.1 -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_1606832.1 -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_1606832.1 -3- PASSED AND ADOPTED this 5 day of 060teir , 2010. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA ) s‘ A j(%,"tk --- 2 A/e ft- -( Meth Eikenberry City Clerk S. Scott Vandergrift, Mayor I (SEAL ADVERTISED4 j(1 /10 AND q /IL: ho READ FIRST TIME A ,,S} V , 2010. READ SECOND TIME ADOPTED FFR'U SE AND RELIANCE ONLY BY rttAotyr 6 ` a.o10 , UNDER THE CITY OF OCOEE, FLORIDA AGENDA ITEM NO. k 5 APPROVED AS TO RM AND L ALITY THIS V DAY OF I ^ , 2010 FOLE LA N LLP By: City Attorney ORLA_1606832.1 -4- EXHIBIT "A" LEGAL 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 SOUTH OF THE A.C.L. RAILROAD AND NORTH OF A.D. MIMS ROAD BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST 1 /4 CORNER OF SECTION 10, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, RUN NORTH 89°19'16" EAST ALONG THE SOUTH LINE OF THE NORTHWEST 1 /4 SAID SECTION 10 A DISTANCE OF 24.94 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°19'16" EAST 3.28 FEET ALONG SAID SOUTH LINE TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SAID A.D. MIMS ROAD SAID POINT BEING SOUTH 89°19'16" WEST 2631.07 FEET FROM THE CENTER LINE ODF SAID SECTION 10, ACCORDING TO THE PLAT OF CARRIAGE OAKS, AS RECORDED IN PLAT BOOK 18, PAGE 40, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE FROM A TANGENT BEARING OF NORTH 76°18'18" EAST DEPART SAID SOUTH LINE ON A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1167.65 FEET AND A CENTRAL ANGLE OF 13 °00'57" FOR A DISTANCE OF 265.26 FEET ALONG THE NORTH RIGHT OF WAY LINE OF A.D. MIMS ROAD TO A POINT OF TANGENCY, THENCE RUN NORTH 89°19'16" EAST ALONG SAID NORTH RIGHT OF WAY PARALLEL WITH AND 30 FEET NORTH OF THE SOUTH LINE OF THE NW 1 /4 OF SAID SECTION 10 FOR A DISTANCE OF 1038.64 FEET TO A POINT ON THE EAST LINE OF THE WEST Y2 OF SAID NW 1 /4, THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE RUN NORTH 00 °18'31" WEST 481.17 FEET ALONG SAID EAST LINE TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE A.C.L. RAILROAD RIGHT OF WAY BY POSSESSION, THENCE FROM A TANGENT BEARING OF SOUTH 52 °22'09" WEST RUN SOUTHWESTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID RAILROAD AND A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1862.61 FEET AND A CENTRAL ANGLE OF 07 °01'22" FOR A DISTANCE OF 228.30 FEET TO A POINT, THENCE FROM A TANGENT BEARING OF SOUTH OF SAID RAILROAD BEING A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 2150.00 FEET AND A CENTRAL ANGLE OF 18 °47'39" FOR A DISTANCE OF 705.24 FEET TO A POINT, THENCE CONTINUE SOUTHWESTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE SOUTH 74°58'15" WEST 482.85 FEET TO THE POINT OF BEGINNING. ORLA_1606832.1 -5- EXHIBIT "B" Map of Annexed Area Exhibit "B" Location Map t at # --.; I L-- ' f 111111 / / // ii -, \„/ �� ,�� , . 111U �// %� 11U111 .�;* • i .► 111111111:11:74 .. . - .•* w -, 111��r11 • II ___--- ill ilka 1 a 0 IL - MN -44 11111 1 '�i� NI to a��Ei r .a' I l w • ri i I � ' 111 ��111111 ei .Thi 111 i„'� 0 �- - I airiii% v1 r i ...„:„ slO ' -Hu SI I Itat i&111 ORLA_1606832.1 -6-