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Home My WebLink AboutOrdinance 2003-40 \ I'" I"" 'I I" I'" I" II" "' I" I" \ I" ORDINANCE NO. 2003-40 INSTR 200307~~5~~69 OR BK 07022H~n1IE COI'IPTROLLER I'IARTHA ." , ORAHGE COUHTY, FL 12/0B/2003 09:52:51 AI'I REC FEE 2B.50 Tax Parcel Identification Number(s): 20- 22- 28-0000-00-043; 20-22-28-0000-00-051; 20- 22- 28-9170-00-0 10; 20-22-28-9170-00-020; 20-22-28-9170-00-030; 20-22-28-9170-00-040; 20-22-28-9170-00-050; 20-22-28-9170-00-060; 20-22-28-9170-00-070. CASE NO. AR-02-07-02: West Orange Professional Center Annexation AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMA TEL Y 5.494 ACRES LOCATED NORTH OF COLONIAL DRIVE/STATE ROAD 50 APPROXIMATELY 1,750 FEET WEST OF THE INTERSECTION OF CLARKE ROAD AND COLONIAL DRIVE 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 5.494 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 J? ~ ~ the signatures of all owners of the real property proposed to be annexed into the corporate limits ~ ;;. " J ~ of the City of Oeoee, Florida; and ~ {: ~~ ~t WHEREAS, notice of the proposed annexation has been published pursuant to i (f ~ ~ q the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of t' 0 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 006.311025.1 INSTR 20030702506 OR BK 07221 PG 1770 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 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" (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. 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. 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 -2- 006.311025.1 INSTR 20030702506 OR BK 07221 PG 1771 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 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- 006.311025.1 INSTR 20030702506 OR BK 07221 PG 1772 PASSED AND ADOPTED this ~'%ay of jJ a vCI11,,'36-L- ,2003. ATTEST: (SEAL) ; ^ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LE~LITY THIS L DAY OF J~b<r , 2003. ::LE{trfltdtJ} City Attorney 006.311025.1 APPROVED: CITY OF OCOEE, FLORIDA ADVERTISED OCTOBER 9. 2003. READ FIRST TIME OCTOBER 21. 2003, AND CONTINUED TO NOVEMBER 4, 2003. READ SECOND TIME AND ADOPTED J./ IJ () 6111 r36fL If,) () 03 UNDER AGENDA ITEM NO. I Vl ~. /.ct, -4- INSTR 20030702506 OR BK 07221 PG 1773 EXHIBIT "A" Legal Description of Annexed Property PARCEL 1: A PORTION OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N.00033'29''W. ALONG THE EAST LINE OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, 67.88 FEET TO A POINT OF BEGINNING THENCE DEPARTING SAID EAST LINE RUN S.90000'00''W. ALONG THE NORTH RIGHT OF WAY LINE OF STATE ROAD 50, A DISTANCE OF 145.01 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE RUN N.ooo33'29"W. 288.01 FEET; THENCE N.90000'00''E. 145.01 FEET; TO THE EAST LINE OF SAID SECTION 20, THENCE S.ooo33'29"E. ALONG THE AFOREMENTIONED EAST LINE 288.01 FEET TO THE POINT OF BEGINNING. PARCEL 2: A PORTION OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N.00033'29''W., ALONG THE EAST LINE OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, 67.88 FEET; THENCE DEPARTING SAID EAST LINE, RUN S.90000'00''W. ALONG THE NORTH RIGHT OF WAY LINE OF STATE ROAD 50, 165.01 FEET TO THE POINT OF BEGINNING; THENCE S.90000'00''W, 166.87 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY LI:N~ RUN N.00031'56''W. 288.01 FEET; THENCE N.90000'OO''E. 166.74 FEET; THENCE S.ooo33'29"E. 288.01 FEET TO THE POINT OF BEGINNING. PARCEL 3: A PORTION OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N.ooo33'29"W. ALONG THE EAST LINE OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, 67.88 FEET; THENCE DEPARTING SAID EAST LINE, RUN S.90000'OO''W. ALONG THE NORTH RIGHT OF WAY LINE OF STATE ROAD 50, 145.01 FEET TO THE POINT OF BEGINNING; THENCE S.90000'OO''W. 20.00 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE, RUN N.00033'29''W. 288.01 FEET; THENCE N.90000'00''W. 166.74 FEET; THENCE N.ooo31'56"W. 309.96 FEET; THENCE S.89048'24"E. 331.62 FEET TO THE EAST LINE OF SAID SECTION 20; THENCE S.00033'29''E. ALONG THE AFOREMENTIONED EAST LINE, 308.84 FEET; THENCE DEPARTING SAID EAST LINE RUN N.90000'00''W. 145.01 FEET; THENCE S.00033'29''E. 288.01 FEET TO THE POINT OF BEGINNING. -5- 006.311025.1 INsTR 20030702506 OR BK 07221 PG 1774 LAST PAGE EXHIBIT "B" West Orange Professional Center Location Map -6- 006.311025.1