The URL can be used to link to this page

Home My WebLink About2013-025 Barkeritaville - AnnexationORDINANCE NO. 2013-025 (Annexation Ordinance for Barkeritaville) TAX PARCEL ID: 31- 22 -28- 0000 -00 -003 31- 22- 28- 0000 -00 -004 DOCU 20130627677 B: 10670 P: 0605 11/27/2013 10:36:49 AM Page 1 of 6 Rec Fee: $52.50 Mdrtha 0. Haynie, Comptroller Orange County l FL MB - Ret To: U COEE 1111 @��r�,�iY�4E�411 II CASE NO. AX- 08- 13 -41: Barkeritaville AN ORDINANCE, OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 14.31 ACRES LOCATED ON THE EAST SIDE OF TOMYN ROAD AND THE NORTH SIDE, OF ROBERSON 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 C'I'TY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITV; 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 14.31 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 -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 amlexed 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 day of - 1�� 2013. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ' (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS Sl*' DAY OF IJ0Q ,201.3 SHUFFIELD, LOWMAN & WILSON, P.A. 1 By : .i rney ADVERTISEll AND C c 6 READ FIRST TI F. 201.3. READ SECOND TIME AND ADOPTED ht' t Cti'� UNDER AGENDA ITEM O. '�k (1 -- -4- EXHIBIT "A" (The "Property ") PARCELS 1, 2,3 AND B ALSO BEING DESCRIBED AS: A portion of the Northwest 1/4 of Section 31, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: COMMENCE at the West 1/4 corner of Section 31, 'Township 22 South, Range 28 East, Orange County, Florida; thence run North 00 °19'13" West, along the West line of the Northwest 1/4 of said Section 31, for a distance of 1317.53 feet to the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said West line, run North 89 °14'11" East, along the North line of the Southwest 1/4 of the Northwest 1/4 of said Section 31, for a distance of 388.08 feet to a point on the Easterly limited access right of way line of State Road 429 to the POINT OF BEGINNING; thence departing said North line, run North 31 °29'02" East, along said Easterly limited access right of way line, for a distance of 87.82 feet to the point of curvature of a curve, concave Northwesterly, having a radius of 1492.39 feet, a chord bearing of North 25 °58'25" East and a chord distance of 286.63 feet; thence run Northerly along the are of said curve, and said Easterly limited access right of way line, through a central angle of 11 °01'16" for an arc distance of 287.07 feet to a point on the North line of the South 1/4 of the Northwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said curve, and said Easterly limited access right of way line, run North 89 °08'47" East, along said North line, for a distance of 764.66 feet to a point on the East line of the Northwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said North line, run South 00't2'40" East, along the said East line of the Northwest 1/4 of the Northwest 1/4 of said Section 31, and the East line of the Southwest 1/4 of the Northwest 1/4 of said Section 31, for a distance of 495.83 feet to a point on the South tine of the North 5 (five) acres of the Southwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said East line, run South 89 °14'11" West, along said South line, for a distance of 662.52 feet to a point on the East line of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said South line, run South 00 °15'56" East, along said East line, for a distance of 496.49 feet to a point on the South line of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said East line, run South 89 °24'59" West, along said South line, for a distance of 367.03 feet to a point on the East line of the West 295 feet of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section. 31; thence run North 00 °19'13" West along the said East line, for a distance of 510.34 feet to a point on the aforesaid Easterly limited access right of way line of State Road 429; thence departing said East line, run North 31 °29'02" East, along said Easterly limited access right of way line. for a distance of 176.59 feet to the POINT OF BEGINNING. Containing 14.31 acres, more or less. -5- EXHIBIT "B" Exhibit "B" Location Map / i i j i f AKFP'X) )Yi_Yioj - 1 I L E L - - -- Roberson -6- FLORIDA DEPARTMENT Of STATE RICK SCOTT Governor November 27, 2013 Ms. Diana Turner Municipal Record Keeper City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 -2258 Dear Ms. Turner: KEN DETZNER Secretary of State This will acknowledge receipt of your certified copy of updated Ordinance No. 2013 -025, annexing property into the City of Ocoee, which was filed in this office on November 27, 2013. Sincerely, Liz Cloud Program Administrator LC /elr R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 a Facsimile: (850) 488 -9879 www. dos. state. Mus