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Home My WebLink AboutOrdinance 2005-008 1111111111111111111111111111111111111111111111_1 i 1111 ORDINANCE NO. 2005-008 TAX PARCEL ID: #32-21-28-9154-14-010 CASE NO. AX-04-12-22: McCormick Woods Phase 3 Annexation AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATEL Y 9.866 ACRES LOCATED SOUTH OF MCCORMICK ROAD AND WEST OF INGRAM 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 AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; REPEALING CONFLICTING ORDINANCES; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner or owners of certain real property located in unincorporated Orange County, Florida, as hereinafter described, have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex approximately 9.866 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 as subsequently amended (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, comply with all applicable requirements of the Ocoee City Code, to be consistent with the JP A 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 n J:} rT1 ~~;.l ro, t:1 ~;.~ '.' ~ R': IT) {t.',: '~':' .~ CD :"'t:'. ~Tt (-) ~ r.:: (t, . -p (! 1 '2- C) tfl ::::.:J ..j::. ~ 2~ G) L':i ill Ii n CJ.l r-'l .:;0 E:CD ~ :::~ -{ ~ ;';~ -'\:.: ;'..~ g ,'"\ ~...~! '.,;,) :\.) t'fi -Y-, i' WHEREAS, the Ocoee City Commission has the authority. pursuant to Section ) 7) .044. Florida Statutes. to annex said real property into its corporate limits upon petition of the O'A<ners 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: and WHEREAS. the owner of the property has requested that the annexation of the property not become' effective until such time as the .IPA Agreement is amended to allow for Single Family Residential uses on the property: and WHEREAS, the City has agreed to delay the effective date of this Ordinance as an accommodation to the owner. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. Authoritv. 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 I of the Charter of the City ofOcoee. 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 COllnty. Florida is hereby annexed into the corporate limits of the City of Ocoee. Florida: SEE EXHIBIT "A" (METES AND BOliNDS LEGAL DESCRIPTION) A TT ACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT hB" and by this reference is made a part hereof. Section 4. Consistencv Findin!!. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the .IPA Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan. the .IP A Agreement. and the Ocoee City Code. Section 5. CorDorate Limits. The corporate territorial limits of the City of Oeoee. Florida. are hereby redefined to include said land herein described and annexed. Section 6. Official MaDS. The City Clerk is herehy authorized and directed to update and supplement official City maps of the City of Ocoec. Florida. to include said land herein described and annexed. -2- Section 7. Liabilitv. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be sutl.ject 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 8. Conflictinl! Ordinances. All ordinances or parts of ordinances in conf1il:t herewith are hereby repealed. Section 9. Severabilitv. 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 10. Effective Date. This Ordinance shall take effect upon the occurrence of the following: delivery to the City of an amendment to the lPA Agreement which allows for Single Family Residential land use on the subject property. which lPA Amendment has been executed by both the City and Orange County (the "JPA Amendment"). Thereafter the City Clerk is hereby directed to attach a copy of the Deed and lPA Amendment to this Ordinance and to tile a certitied 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. In the event the lPA Amendment is not delivered to the City within one-hundred eighty ( 180) days from the date this Ordinance is adopted. then this Ordinance shall be null and void and of no further force and effect. ., -.)- PASSED AND ADOPTED this ~ day Of~'( /\"\2.., ATTEST: ~b~~l~(^~ (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEG~~TmS q,l....DAYOF ~ ,2005 FOWL R & O'QUINN, P A By:~L. ~ rJ Special Coun 1 ,2005. APPROVED: CITY OF OCOEE, F ~':J ;ttr ADVERTISED ~AND 5)lt, oS" READ FIRST TIME . ~ct.4r l~, 2005. READ SECOND TIM~PTED JlAtlt:.. 1. ~.s- , UNDER AGENDA ITEM NO. I 0 lA. ft'ATB or FLORIDA COVNTV OF ORANGE CITY OF OCOEE I HEDIY amn' that tbe foreloinl instrUmcIlt is a true aRd euet copy of the ori"naI of which is on file in my office. IN WITNESS WHEREOF, I bereby set my hand and cause the seal of tbe City or Ocoec to be affixed on ~\ 24J2~ ~ Beth Eikenberry. City Clerk - ',-- (SEAL) -4- EXHIBIT "A" lAND DU:iCHI'-' liON MCCORMICK iNOOOS PHASE .1 p., PORTION Of SLC r ION 32, T OVVNSHIP 21 SOUTH RJ\NGF ld F:,AST, OF~AN{3L COUNTY, 'LORiDA BEING \'IORE PAR"-ICUL,\RL Y DESCRIBED AS FOL~O'NS BEGIl\ A' THL NOl..{I HLAS~ CORNER 0;= THF NORTHEAST ONFQU/~RTER ("L 1:'4) OF THE SOUlll'y.'iEST ON~.QUAR"-FR (S\'V 1.'4; OF SFCTION 32, TOl/of\iSHiP 21 SOU:H, RANGE 2€ E/',ST, THENCE SOUTH 00 'C7'25' LAS I ALONG r'l~ EAST L1\;E OF THE NORTHEi\ST ONi='QU,\F(:TH INL 1/4) OF fill SOUTHWLST ONE. QLV\RTER (S....V 1;'4) OF S.A.IJ SECTIC\, 32 ;., DISTANCE OF 70793 FFFT THFNCF NOFH H E,g' 23 49" \l';ES~, 518::.13 flU, rfiENCF NORT"i 00"07':19" VVFST ,A,:.ONG :'iE EJ\STER_Y RIGI:T Of- "'N/~Y 0= S-ATE ROAD 429, A DISTANCE 0= 6834~ FFET THENCE NORTH Sfr"1946' [AS' A,L8\G THE: NORT~ LINE OF T...,F NORTHF.A.S~ ONE-Q;.:ART;':'R ,'\I[ 1:4; or TIlE SOU-HIlJEST ONE: CUAR"'ER ~S"N 1/4) Of- S,lI.D S::.C liON 32 fJ., DIST.4'J:-,F (;= IIi? R) F:=FT TO TI-F P:"'HH Of BU3INNI\lG ShlD l/\NDS ,YINe:, IN O::::/\NC= C,C)~:N' Y, I U)i~IUA CO\ ',AIN No:.3 9,~3(j'3 !~,CR:=S MORE OR LESS 006 299861,1 EXHIBIT" B" McCormick Woods Phase 3 Location Map ~'=a: II lT. I i I I I I =: I T II TI I I I Lt. i I I ! r , I =F::~ i : I I , I I =1- _L- I' , I : I I r=~:::: =;:::: I , -I-- I I, 1 I I-~ T CF= ::::p;: I .. M~~~ ... I I I I 1-.-;= ; LL-..L II- ,,_..1--1.... I .." ...---......-.... I LL...L 1--'-- //"" /'~ /' ">,/ :::::--..~,.-/ .' ' r---" --0- ______/' .. ~/// ,.--.. '...~--", - -- -;...0. 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