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Home My WebLink AboutOrdinance 2003-57 IIIIIUIIIIIIIUUIUUIIII ORDINANCE NO. 2003-57 TAX PARCEL ID # 07-22-28-0000-00-021 CASE NO. AX-03-04-06: T. Milton West Annexation (850 Ocoee Apopka Road) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 9.4 ACRES LOCATED NORTH OF SILVER STAR ROAD ON THE WEST SIDE OF OCOEE-APOPKA 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 9.4 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 006.299757.2 :;01- m Z ("') (J) -( ...,-(::0 m~1 t,39 ~$. ~~ mid ~o 0:;0 ~~ ~~ ~"tI :;oG> ~~ ~"tI G> G) mW ("')C>> 0::0 em z("') ~I o ~ ~ HI "tI s: 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; and WHEREAS, the owner of the property has requested that the annexation of the property not become effective until such time as the JP A Agreement is amended to allow for industrial uses on the property and Ordinance No. 2003-54 (annexing 888 Ocoee-Apopka Road) becoming effective; 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. Authority. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article vrn 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" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED 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 "B" and by this reference is made a part hereof. Section 4. Consistency Findine. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JP A Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JP A Agreement, and the Ocoee City Code. Section 5. Corporate Limits. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. -2- 006.299757.2 Section 6. Official Maps. The City Clerk is hereby authorized and directed to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. 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 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 8. Conflictine Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. 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 10. Effective Date. This Ordinance shall take effect upon the occurrence of the following: (1) delivery to the City of an amendment to the JP A Agreement which allows for industrial land use on the subject property, which JP A Amendment has been executed by both the City and Orange County (the "JP A Amendment") and (2) Ordinance No. 2003-54 [888 Annexation Ordinance] becoming effective. Thereafter the City Clerk is hereby directed to attach a copy of the JP A Amendment to this Ordinance and 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. In the event the foregoing does not occur 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. -3- 006.299757.2 PASSED AND ADOPTED this l~{{ day of JJ () iJ e-~ a (~ ATTEST: , . .~i.! f{:. ,~;.~:.,:> FORl.J$if~ND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO,WRM AND LEGALITY THIS 1.d- DAY OF AJij\~~ ,2003 ::LEp~~ City Attorney 006.299757.2 ,2003. APPROVED: CITY OF OCOEE, FLORIDA /1 ~.~ ~.. il) . ....:- / /f) S. Scott Vandergrift, Mayo ADVERTISEDt/oJ(g,zcc3 A"NU ..- READ FIRST TIME ~61..i>tYlbe-v- tJ , 2003. READ SECOND TIME AND ADOPTED ~(HIe,W'nku.r l e\ :;}.bD3, , UNDER AGENDA ITEM NO. VC C) a.- -4- EXHIBIT "A" Legal Description 850 Ocoee-Apopka Road Commencing at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 7, Township 22 South, Range 28 East Orange County, Florida; run South 466.62 feet to the point of beginning; thence run West 933.24 feet; thence run South 468.72 feet; thence run East 295.69 feet; thence run South 40.92 feet to a point 386.76 feet North of the South line of aforesaid Southeast 1/4 of the Southwest 1/4: thence run East 119.80 feet more or less the centerline of a ditch, thence run S 73030'41" E along said centerline of ditch, 325.69 feet; thence run N 00014'03" W, 241.86; thence run S 89045'00" E, 206.44 feet to a point 535.28 feet North of the Southeast corner of Southeast 1/4 of the Southwest 1/4 of Section 7, Township 22 South, Range 28 East; thence run North 361.12 feet to the point or beginning. Less Right of Way for Ocoee- Apopka Road. -5- 006.299757.2 EXHIBIT "B" T. Milton West Properties Location Map ':, C-I--:::-~' r- \ ii' ( I ~ I r- =~~ , . , - ,~. - - :J - ~ ..'~'i'l r ~ ;',1: rl ii .: ,. t- t- r- , , ,,', . w z a:: - I I J i · 850 ~ r-- : I , I SANDSRS Ii-l ~~= 19 !, 1 ,off+ 't"", \ - en! ~' i'i .' = ~ 1; v):~ · ,0 , " = 1./,:Z~ ~(4, fili,^,\ ~ ~ ~. ~ ~. +\\\j~\\ ~.' Tn ~~ 006.299757.2 531 606 r-- Lt~r-I 11 I ;2' 151 h ~I I t::l o u o ----c. - l I 1---- ~El EJlslE rA.K ~ ::'. !...T r- JI-- I,.- ~~ ;>- -= ~~ (fi= -' (t+.~