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Home My WebLink About2012-007 Brighthouse Annexation DOCII 20120392701 B: 10413 P: 7794 07/23/2012 02:16:34 PM Page 1 of 6 Rec Fee: $52.50 Martha 0. Haynie, Comptroller Orange County FL ORDINANCE NO. 2012-007 MB - Ret To: OCOEE (Annexation Ordinance for Bright House Ocoee) '111 Wife II TAX PARCEL ID: 19- 22 -28- 0000 -00 -031 CASE NO. AX- 06 -11 -28 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS . OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.95 ACRES LOCATED AT 844 MAGUIRE ROAD, OCOEE, FLORIDA 34761 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 1.95 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 -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. -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. -3- PASSED AND ADOPTED this 11 day of MA1 , APPROVED: ATTEST: CITY OF OCOEE, FLORIDA 1 , City Clerk k f f� S. Scott Vandergrift, Mayor (Y1422nj Stibi4+ (SEAL) ADVERTISED 1-6 -12 AND 1-12-17.. READ FIRST TIME Sunk 1 \ , 2012. READ SECOND TIME AND ADOPTED FOR USE AND RELIANCE ONLY BY itt 1 1 1012. , UNDER THE CITY OF OCOEE, FLORIDA AGENDA ITEM NO. 6(L. APPROVED AS TO FORM AND LEGALITY THIS f DAY OF " /Ly , 20(7- SHUFFIELD, LOWMAN AND WILSON, P.A. B A • City Atte •y -4- EXHIBIT "A" THE PROPERTY LEGAL DESCRIPTION FOR BRIGHT HOUSE NETWORKS PARCEL LESS RIGHTS OF WAY, BUT INCLUDES AREA OF CANAL A portion of the SE 1/4 of Section 19, Township 22 South, Range 28 East, Orange County, Florida being more particularly described as follows : Commence at the Southeast corner of Section 19, Township 22 South, Range 28 East , Orange County, Florida; thence N 00 °28'49" W a distance of 1185.41 feet along the East line of said Section 19 to the Point of Beginning, said point being on the North line of lands described in Official Records Book 6107, Pages 4359 through 4362, Public Records of Orange County, Florida; thence N 74 °33'18" W a distance of 15.44 feet along the North line of said lands to a point on the proposed Easterly right of way line of Maguire Road, said point being on a non tangent curve, concave Southwesterly and having a radius of 591.00 feet; thence Northwesterly a distance of 420.70 feet along the arc of said curve and along said proposed Easterly right of way line to the point of tangency of said curve (chord bearing and distance between said points being N 46 °52'52" W 411.88 feet ); thence N 67 °16'27" W a distance of 120.55 feet along said proposed Easterly right of way line to a point on the South line of lands described in Official Records Book 5374, Pages 4465 through 4466, Public Records of Orange County, Florida; thence along the South line of said lands the following two (2) courses and distances : N 75 °14'01" E a distance of 317.28 feet; thence N 50 °01'31" E a distance of 93.24 feet to a point on the Southwesterly line of Parcel P -8A as described in Official Records Book 4341, Pages 3979 through 3988, Public Records of Orange County, Florida; thence S 36 °10'29" E a distance of 76.27 feet along the Southwesterly line of said Parcel P -8A to a point on the East line of said Section 19; thence S 00 °28'49" E a distance of 411.43 feet along said East line to the Point of Beginning. -5- EXHIBIT "B" Brighthouse Ocoee Location Map _ stor j ,_ k : ►�11 C+1:; `iii ILL: lid i ii — i - IN W. 11 Fr /11111t eva - \ = v 5 ao lie V i____ II 1 c ... .- iiva 41111* \ \ \ e . 5 - Aelliiii.: AlillO 111 ' li U . ■■ ! .., '-\\\'`,<,. li t REM 0 \\ J i. -6-