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Home My WebLink AboutOrdinance 2003-17 1IIIIIIIIIIg ~ 11111 ~IIIIIIIII~ 111111111111110 ORDINANCE NO. 2003-17 INSTR 20040195287 OR BK 07368 PG 3424 PGS=6 MARTHA O. HAYNIE, COMPTROLLER ORANGE COUNTY, FL 03/31/2004 11:19:58 AM REC FEE 28.50 TAX PARCEL ID # 07-22-28-0000-00-049 CASE NO. AP-02-03-01: FX Scenery & Display Annexation AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 11.76 ACRES LOCATED APPROXIMATELY 150 FEET SOUTH OF 17TH AVENUE ON THE WEST SIDE OF OCOEE- CLARCONA 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 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 11.76 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. 006.292056. 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 to be annexed has requested that the annexation of the property not become effective until such time as a copy of the recorded deed for the property to be annexed is delivered to the City evidencing the conveyance of the property to FIX Scenery & Display, Inc. and the JPA Agreement is amended to allow for Light Industrial land uses on a 9.88 acre portion of the subject property; and WHEREAS, the City has agreed to delay the effective date of this Ordinance as an accommodation to the owner and the contract purchaser. 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 VITI 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 DESCRIPTION) ATTACHED HERETO REFERENCE MADE A PART HEREOF. BOUNDS LEGAL AND BY THIS 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 Findinl!. 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- 006.292056. 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. Conflictinl! 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 both of the following: (1) delivery to the City of a copy of a recorded deed evidencing the conveyance of the property to be annexed to FIX Scenery & Display, Inc. (the "Deed"); and (2) delivery to the City of an amendment to the JPA Agreement which allows for Light Industrial land uses on an approximate 9.8 acre portion of the subject property, which JPA Amendment has been executed by both the City and Orange County (the "JPA Amendment") and Ordinance 2003-18 becoming effective. Thereafter the City Clerk is hereby directed to attach a copy of the Deed and 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 Deed is not delivered to the City within ninety (90) days of the date this Ordinance is adopted, or in the event the JP A 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. -3- 006.292056. PASSED AND ADOPTED this (, ~ day of h ~ APPROVED: ,2003. ATTEST: CITY OF OCOEE, FLORIDA ~ S. Scott Vandergrift, Mayor ~ : - lit ~ . ,1 " " ('1 " ',", 'I, ... '-. t \' r. , n ., ~/ . T i- ?' ~ "\'14 '/ : J (" ~, ,,;! } \) E J"",!,'!f }~ ..' ('\ ... ~ ~:'. t",~I('~,....,., ,.= '/),,"" ..", \(.\" ., !' ., T '. { ", . r..f /f : ~; , .... ,'..~~l~~~,., FQl(tJSf>:A'ND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FPRM AND LEG~~ITY THIS ~ DAY OF ~ ,2003 FOL~.D;ER J J /) By: r./~ City Attorney ADVERTISED 4- 12""'/41 AND ~/ II &1..~ READ FIRST TIME A P A.-I: L 1 er , 2003. READ SECOND TIME AND ADOPTED 1'1~ ~/l.t:l3 ,UNDER AGENDA ITEM NO. $L A I Effective September 19, 2003 pursuant to Section 10 of Ordinance No. 2003-17 as amended by Ordinance No. 2003-31. (copy attached) -4- 006.2B2056. EXHIBIT "A" Legal Description of Annexed Property Begin at northeast comer of Southeast IA of Southeast IA of Section 7, Township 22 South, Range 28 East, run south 396 feet, thence west 1320 feet, thence north 396 feet, thence east 1320 feet to the Point of Beginning, less the east 30 feet thereof for road right of way. Containing 11.76 acres, more or less, in Orange County, Florida. -5- 006.292056. EXHIBIT "B" Location Map FIX Scenery and Display, Inc. I I I I I W ~ H HIli 11111111\1111111111 F=mIIInTrn ITD JfJ f : I: : : ~ r= EillIIIIIJJJ []I] Yrr 1.11.' I I r \ ~ HmffiB9ff ~-~~~) 1UiI PITlEIlTR 0ITll T I I II . r I ~ []]]][llj.BJIJ mar :+ T II E_~~9/ I/,II~ ~ EEtJtE8fftliB1litH2 z ~~~~l.......<........~~ l.111IHJWJ [[JIIJ ~ I I I I I ,:::: < ~ '{?1 "\ IITTTT I I I /1 · I I Hl)- - -11111 I II r ---.J '-- - "'~ fP'-~ PL t7~,\ ."~ ~<,-'" '7111 '-' ~ I 1111111\ IT ~ ~ = , ~I::::::';~:':'i! = rdll[ 1_ 1 L ~ .- ~ h ~ N ~ _ [Il ~ ~ V/ o ~~~cpW :[:I:~g j ~ \~ H - fa -- - "'~ ~'I\ ~ - Subject Property .1 e r-n I J ~I ~ !f rr-J I 006.292056. r L L ~ ~I - - I L -6-