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HomeMy WebLinkAboutOrdinance 2003-11 1111111111111111111111111111111111111 ORDINANCE NO. 2003-11 (Annexation Ordinance For Kent Property) INSTR 200~0~4961~ OR BK 06968 PG 1582 MARTHA O. HAYNIE, COMPTROLLER ORANGE COUNTY, FL 06/24/2003 11:57:33 AM REC FEE 55.50 TAX PARCEL ID #s 20-22-28-0000-00-026 20-22-28-0000-00-027 CASE NO. AR-02-07-01 KENT PROPERTY AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 9.116 ACRES LOCATED APPROXIMATELY 331 FEET EAST OF THE NORTHEAST CORNER OF THE INTERSECTION OF STATE ROAD 50 BLACKWOOD AVENUE, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; 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; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; 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 said real property 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 l' ." ~ 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 (the "JPA Agreement") which affects the . annexation of the real property hereinafter described; and I ...' ...J 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 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 006.285698. -1- INSTR 200~0~4961~ OR BK 06968 pt 158~ 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. WHEREAS, the owners of the property to be annexed have requested that the annexation of the property not become effective until such time as a copy of a recorded deed is delivered to the City evidencing the conveyance of the property to the property's contract purchaser; and WHEREAS, the City has agreed to delay the effective date of this Ordinance as an accommodation to the owners and the contract purchaser. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. 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. 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. 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). Section 4. A map of said land herein described which clearly shows the annexed area is attached hereto and EXHIBIT "B" and by this reference is made a part hereof. Section 5. 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 JPA Agreement, and the Ocoee City Code. Section 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 7. 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. 006.285698. -2- INSTR 200~O~4961~ OR BK 06968 pt 1584 Section 8. 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 9. 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. This Ordinance shall take effect upon the delivery to the City of a copy of a recorded deed evidencing the conveyance of the property to be annexed. Thereafter the City Clerk is hereby directed to attach a copy of said deed 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 a deed of conveyance for the property to be annexed is not delivered to the City by ninety (90) days of the date this Ordinance is adopted then this Ordinance shall be null and void and of no further force and effect. 006.285698. -3- INSTR 200~0~4961~ OR BK 06968 pt 1585 PASSED AND ADOPTED this ~ay of ft fr eC//J ,2003. APPROVED: CITY OF OCOEE, FLORIDA (SEAL). . FOR'USE AND RELIA.NCE ONLY BY . THE CITY OF OC9EE, FLORIDA APPROVED AS TO FORM AND LEGAt....... ITY T.....II.I......s:~ DAY OF .'. .' ~>;.. , 2003 ADVERTISED March 2 & March 9,2003 READ FIRST TIME March 4, 2003. READ SECOND TIME AND ADOPTED MIt~(1f If ;lOo3 , UNDER AGENDA If EM NO. ~ II- I a - FOLEY~LARD~ By: wr City Attorney 006.285698. -4- INSTR 200~O~4961~ OR BK 06968 pt 1586 EXHIBIT" A" Legal Description EAST lh OF SOUTHWEST ~ OF SOUTHEAST ~ OF SOUTHEAST ~, SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; (LESS STATE ROAD). WEST lh OF SOUTHEAST ~ OF SOUTHEAST ~ OF SOUTHEAST ~, SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; (LESS ROAD RIGHT-OF-WAY ON SOUTH). MORE PARTICULARLY DESCRIBED AS: (METES AND BOUNDS DESCRIPTION) COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN N89028'55"W, ALONG THE SOUTH LINE OF THE SOUTHEAST ~ OF SAID SECTION 20, A DISTANCE OF 331.90 FEET; THENCE NOoo26'01"E A DISTANCE OF 68.39 FEET TO THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD NO. 50 FOR A POINT OF BEGINNING; THENCE N89023'37"W, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 663.86 FEET; THENCE NOoo23'1O"E A DISTANCE OF 599.28 FEET; THENCE S89009'40"E A DISTANCE OF 664.37 FEET; THENCE SOoo26'01"W A DISTANCE OF 596.59 FEET TO THE POINT OF BEGINNING. 006.285698. -5- o " 006.285698. INSTR 200~0~4961~ OR BK 06968 PG 1587 EXHffiIT "B" City of Ocoee. FloriJa Kent Property Annexation and Initial Zoning Case #AR-02-o7-o1 Location Map .*. ~ s 00... Community Oevelopment Dep"tment Scale: 1 neh .,000 fe.t o 1.50 SOO 750 1000 ...t - - I Prlrted: February 2003 LEGEND C Subject Propert1 _ CIly of Ocoee D Unlncoporaled Territory and Olher MunlclpaJrtles Lakes and Waler Bodies -6- 1ft m "m 11\ 11111111111111I11 III 11\1111I1\ 11111 a II DATED, SPECIAL W ARRAN TI-llS DOCUMENT PREPARED BY AND SHOULD BE RETUR>."ED TO: J.P. Carolan. T1I. Esquire Winderweedle, Haines, Ward & Woodman, P.A. Post Office Box 880 Winter Park, Florida 32790 Parcel 1D Nos. 20-22-28-0000-00-026 20-22-28-0000-00-027 THIS INDEI\TURE, made effective the 3rd day of June, 2003, by ALFRED H. KENT and CAROLYN S. KENT, his wife, whose address is 801 Ogletree Road, Auburn, Alabama 36830, ALFRED H. KENT, JR., whose address is Post Office Box 4569 (Venezula-Ameriven), Houston, Texas 77210-4569, ALISON KENT BRYAN, FORMERLY ALISON KENT SHOEMAKER, whose address is Post Office Box 791, Benton City, Washington 99320, and PATRICIA KENT ffiRE, whose address is 122 Galloway Road, Hartford, Alabama 36344 (collectively the "Grantors"), to BLACKWOOD/50, LLC, a Florida limited liability company, whose address is 236 Pasadena Place, Orlando, Florida 32803 ("Grantee"): WITNESSETH: 0;:' JUH 5 '3:25 m That the Gra.'1tors, for and in consideration of the sum of $10.00 and other valuable considerations to said Grantors in hand paid by said Grantee, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, conveyed, and sold to the said Grantee, and Grantee's heirs and assigns forever, land, situate, lying and being in Orange County, Florida, being more particularly described in Exhibit "A" attached herewith and made a part hereof. GRANTORS warrant that the subject property is not the Grantors' homestead within the meaning set forth ir: the constitution of the state of Florida, nor is it contiguous to or a part of homestead property ofthe Grantors. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appenaining. TO HAVE Al'l'D TO HOLD, the same in fee simple forever. AND the Grantors hereby covenant with said Grantee that Grantors are lawfully seized of said land in fee simple; that Grantors have good, right and lawful authority to sell and convey said land; that Grantors hereby warrant the title to said land and will defend the same against the lawful claims of all persons claiming by, through, or under the said Grantors; and that said land is free of all encumbrances, except for taxes for the year 2003, and easements and restrictions ofrecord, if any, but this reference shall not act to reimpose same. INSTR 2003034961~ OR BK 06968 PG 1588 INSTR 20030303953 OR BK 06936 PC 26B1 IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in the presence of: INSTR 200~Ol4961~ OR RK 06968 pc:; 1589 ~ ~ ~75 ~ ,."",,". ~ li: KeNT- /.. ,,' L _ 7-. / int Name: 0ch."\ (n. f/I'-C'.-rr\,c-k.. "-, \, . I '-~~ a ~;;! Print Name: 'bek... wi, A,:)' e..-ft-'",.* <;2// /,.~ ~/ - .-. :--,.c.-"~i,, ~< C:::C:-7~"'.~.;P"",- ..-:print Name: ~ft.l.,(\ (fl WlCC~r/Y"ct- ~ .' ,---,-~~jl;-,k () .s.~~jJ _ Print Name: .]Xt.',/4 \... fI- _ j Ie. ~'t-'T c&:~E'At. ~ Address: 801 Ogletree Road Auburn, Alabama 36830 STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was sworn to, subscribed and acknowledged before me this ~ day of June, 2003, by ALFRED H. KENT, who is personaily known to me or who has produced " ''''''''''' Dc U a...d- as identi lication Q \\\\\\\\\11111111. r -~...\\ ~\>.~ A. S/~J:lil". , i I j < ~ S:n.Cl .......... ;('~.-; '.UIlPh L-( ~ i: .$ ~'\) .,. ~\SSION .. '9,.,:~ i t:::j...~c.,C~~..\17..tf~... %. Notary Public . - .~~ '&~... ~ * : u>: * F My Commission Expires: ~ {( 7 (or %-z, \ .DD 034884 j~,-' ~:;.o..1.., ~.?2" ~~...""Q-~d~ ...c: ~r.'''''1k: ..~., STATE OF FLORIDA ~"/~l.......~~d<....:"~ ~III Ie 8T";''",\'" COUNTY OF ORANGE 1111/11111\\\\\\.' --d. The foregoing instrument was sworn la, subscribed and acknowledged before me this ~ day of June, 2003, by CAROLYN S. KENT, who is personally known to me or who has produced pj"t.,d:"",- ~r /)q,-....v-- as identificatior:2n. ,\,\\\1111111/1/1/ . a . Jt ~""""""b..~A.SI.r-lfli',. ~ (; ~ ~~a'\V~......~f:,/:';;~_ l.,"-. .2lft.....-l'~~ $~...o~'{3SI0N~..~;;~;; Notary Public .:::: :.>..r:.J .,;j.\17,<, ~.. -:; ... ~*[~~o;s,....~~1*S MyCOITnmSSlOnExplres: glt7(()~., ~ ~ ... #DD 034884 i ~ : -:;. ;A · 1<. 1J.."~..?f ~~:.~'ilI,/,~~ ...Q,' ~ r ..' ~ .- <(', ~ ~q,.'.""'" ~ .' 2 1IIII 'i./c Sir>.~\,..- 1IIIIdll\\\.",'\'" .' ~ --- ~ ------- INSTR lOO~Ol4961~ OR BK 06968 PG 1590 IN~TR Z0030303953 OR UK 06936 PG Z68Z ~~ Address: Po t,c>x 45'6'1 (Vfi?r::coe/c.. -1}"e.-nV'f'/J) J..IDU~/-r;/'l kJ<T'.o 77.2)() -Ljs69 . ST ATE OF TEXAS COUNTY OF J:}AR.R-\ S The foregoing instrument was sworn to, subscribed and acknowledged before me this ~ day of May, 2003, by ALFRED H. KENT, JR., who is personally known to me or who has produced lb1.- jJj?pKbfl, as identification. ~~h~ Notar ublic My Commission Expires: 5/-o{ .!/';,..I~~l~t/'', ".~FJt~.. '.f('~ ~ ~. -t\ ~';" .....! ~'''~';' ;;\'\~~ ""I~I"I" PATSY M. COLVIN Notary Puhlic, Sute of Texa~ lvly Commission Expire~ May 01, 2004 I 3 " ,- .--.--"- INSTR 20030303953 OR BK 06936 PG Z683 INSTR 20030~49&1~ OR 8K 06968 PG 1591 ~rJ1;~ ALISON KENT BRYAN formerly Alison Kent Shoemaker Address: Post Office Box 791 Benton City , Washington 99320 STATE OF WASHINGTON COUNTY OF BENTON J/} The foregoing instrument was sworn to, subscribed and acknowledged before me this ~~ay of May, 2003, by ALISON KENT BRYAN, FORMERLY ALISON KENT SHOEMAKER, who is personally known to me or who has produced /dO L as identification. ~. tl /l..,.., fdJ Notary Public d. 11~,: 0 loot My Commission EXPires~J ' , , 4 ---~-_.---~-~- INSTR 20030303953 OR BK 06936 PG 2684 INSTR ZOO~0~4961~ OR BK 06968 PG 1592 ,')., -? .-' ,/ft~ /?'-..<.. L~i'?~~_L_-- ~int Name:J"('.... VI? yt\. tG.~/"M ide r-~... ~ ' ,---..3.jA~J..--() Print Name: .D!.6,'" A. 5, e.-}f-.l,1- ~N jj PATRICIA KENT HIRE Address: 122 Galloway Road Hartford, Alabama 36344 ST A TE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was sworn to, subscribed and acknowledged before me this ~ day of June, 2003, by PATRICIA KENT HIRE, who is personally known to me or who has produced 14( Ali~,"", j). LJ<:t.v~- as identifica(jio \\\\\\llllhlililt. ;...~,\ ~\\ A. StEp)!''''', a 5 l- .'" ~'r 1II111... ,..~ ...... "'"------It I ' .;,~<;o'\J...:~SS\ON :e...:'..'>'/'~', ' cUv-. t, - "., ~(1 ( ~ ::v . ~w '"'fA. ~ .~ t:::j:'<:SJ ~~\ \7. <41 ~~...~, Notary Public ::: : ~ ~ti; (1' <.f> .. * ;.: . . . ~*: 0'.0 ':""r My CommIsSIOn ExpIres: ! /17/ oS" ~ ~ "e. mo Q34G(V, : s: j' ~O.. ~ ~~..g~. ~:J~;..:'! ~t~..~<< ~> .,'/I(,tl1lLic.;1~\\\"~.. ' 111111l!illl\I\" ' R: \U STLER \Kent_ OcoeelC losing Documeoo\SWD. Blackwood. wpd 512312003 (9:07 am) 5 iJ U J '-' . ~! J.... .i. -,_l.. INSTR 20030303953 OR BK 06936 PG 2685 LAST PAGE " EXHIBIT" A" East 1/2 of Southwest 1/4 of Southeast 1/4 of Southeast 1/4, Section 20, Township 22 South, Range 28 East, Orange County, Florida; (less State Road); , West 1/2 of Southeast 1/4 of Southeast 1/4 of Southeast 1/4, Section 20, Township 22 South, Range 28 East, Orange COlmty, Florida; (less road right-of-way on South). More particularly described as: Commence at the Southeast comer of Section 20, Township 22 South, Range 28 East; thence run N89'28'55"W, along the South line of the Southeast 1/4 of said Section 20, a distance of331.90 feet; thence NOO'26'01 liE a distance of68.39 feet to the North right-of-way line of State Road No. 50 for a Point of Beginning; thence N89.23 '3 T'W, along said North right-of-way line, a distance of 663.86 feet; thence NOO.23'1 O"E a distance of 599.28 feet; thence S89'09'40"E a distance of 664.37 feet; thence SOO.26'O 1 "W a distance of 596.59 feet to the Point of Beginning. INSTR 20010149611 OR DK 06968 PG 159~ f..AST PAGr ~ ~ R:\USTLER \Kent _ Ocoee\Closin gDocumentslLc\:al. Clla;n ,,,,,d, Mete 5, w pd 4/23/2003 (10:40 am)